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SECTION 14 GARDEN OVERLAY DISTRICT <br />.Section 1.4.1 findings and Purpose. <br />14.1.1 .The City Council makes the following findings: <br />A) The land -use plans -of the City of Gertz Lake histarically. have not assigned any land in -the -City for long-term. <br />agricultural used as the City has developed and continues to develop as a primarily residential community. <br />surrounded by fully developed suburban neighborhoods, The City. Council reaffirms the City's intent to <br />encourage development of the City in accordance with its. adopted. comprehensive plans. <br />B) At the time this Ordinance :is considered, large Iand .parcels in the .City have yet to develop .any primary use <br />and stand vacant. Additional. large -lot property.in the City is. projected. to subdivide and develop into smaller <br />lots over the next 10 to 34 years.. The City Council recognizes that economic conditions are not always favorable <br />fox real estate development, and that the. costs. to carry vacant land can create pressures that promote sub- <br />optirnal dev elopment. Permitting:small-scale agriculture as. a. primary use.. will allow owners of large undeveloped. <br />parcels to qualify for .agricultural tax classification, and thus lower tax payments, without affecting the long- <br />term plans for .the land. The .Council finds that. providing this reams to. temporarily ease this .pressure will. <br />enhance the .City's ability to fully realize the goals of its comprehensive plans. <br />C} Several cities and metropolitan areas are placing.a greater emphasis on local food production as a means .of <br />improving.public health, Allowing -the use'of available space in the City for "community gardens" or "market <br />gardens" to. grow -food will promote local food production and improve public health in.. Gem Lake and. the <br />D} lls n interitt se of land; sub eet to the regulations propa-seq� "6&=unity gardening and � 3tket. gardening <br />will be viE1,11npati 3 with all :allo ecl land u . r in t ; .City of e iri bake; and with the grrals of the City's <br />'4.1.2 The Coutiil intends` that the WidenC]verlayrtsxrr�'1*atailableYa=o�=erlay on parcels of larin any existing <br />honing district i a add the uses described i the dis h regulations 0 lid `=vf uses allowed upon that land. The Garden. <br />;Ov illa ]istrict may be apphed tp and surt]}�exim{7osed as an overt upon".ry zoning district, defined n this Zoning <br />Ordinance, as eaistiirg or amended icy tivs. section and as.sl?ow.n .on the official Zoning.Map.. Nothing in this Section is.. <br />intended: to affect: tlie.ability: of .landowners. tv maintain accessory uses Yhat.arc allowed without the Overlay zone upon <br />their property, whether or not the Overlay .zone .covers thoi property. This overlay district is intended to Permit a <br />temporary land use, and should no longer be needed on a parcelwhen it eventually develops in accordance: with the <br />regulations of the underlying coning district. <br />Section'14.2 Requesting Garden Overlay. Applications to create a Garden Overlay District shall be made and considered.as a <br />re -zoning request in accordance with Section 17.6 of this Ordinance. I.n addition to the documents and materials generally <br />.required fora re -zoning application, the applicant sliall.supply copies of draft leases, contracts or use. agreements to which. the <br />groups or individuals using the gardens: will. agree prior to using the.garden space, .Such agreernents must provide the land owner <br />or designated representative with the legal ability toevict. a tenant::and bar entry to any individual member of a group;: if the <br />tenant or individual violates the terms of this Ordinance, the, terms of the Interim Use Permit for the property, any restrictive . <br />term of the. Lease or agreement, or. any other applicable City Ordinance. or state law. <br />Section 14.3 Termination. of Garden Overlay. A Garden Overlay District shall remain in .effect until one of the following occurs; <br />14.3..1 City approval of a zoningapplication for a use. or uses permitted in the underlying zone: (e.g.. development plan, <br />conditional use permit; or building permit), the Garden Overlay status and any permits. granted under the terms of this <br />Section shall expire six months from the date of approval, or <br />14.3.2 The Interim Use Permit for the property expires; and no application is made to renew the permit within. six <br />monthsof the expiration;. or ' <br />14.3.3 The Interim 'Use permit for the property is revoked by the City Council for-iolations of this Ordinance, permit <br />conditions, or any .other applicable law or ordinance. . <br />Updated.hene 5, 1017 Gent Lake Consolidated Land Use Ordinance -- Page 64 <br />