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Fuquay-Varina, North Carolina, Code § 9-1255(b)(10) (current through Dec. 30, 2016)
Brief Summary
Provides use standards for urban agricultural uses. Allows for backyard, private gardens; but community gardens must be operated by at least three families or a homeowners' association. On-site sales/farmstands are not allowed, but produce may be sold off-site, including to restaurants or grocery stores.
Legal Strategies
Requires something, sets standards.
Reach
Community-wide
Food System Category: Grow, Get
State: North Carolina
Jurisdiction Type: Township
Jurisdiction Name: Fuquay-Varina
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "promote and protect the public health, safety and the general welfare of the citizens " (§ 9-1004).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. "Prevent or minimize adverse impacts on environmentally sensitive areas, and protect natural resources, water quality, floodplains, wetlands and steep slopes related to impacts of development and transportation." § 9-1004(g).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. "Maintaining economic resilience, by attracting businesses and a variety of residential choices. Creating a friendly environment that involves communication, efficiency and collaboration that creates a partnership between government, citizens, property owners and developers/builders to sustain existing development and encourage new development." § 9-1004(c ).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "the purpose of the Land Development Ordinance is to promote and protect the public health, safety and the general welfare of the citizens of the Town of Fuquay-Varina and its extraterritorial jurisdiction" (sec. § 9-1004).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
No.
Does the law address implementation in some way?
Yes. The powers and duties of the town board of commissioners to implement and execute the purposes of the Land Development Ordinance is specified in § 9-1751.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Penalties include: permit revocation; disapproval of subsequent applications; stop work orders; civil penalty in an amount not more than $500.00 but greater than $50.00 for each day the violation continues; criminal penalty not more than $500.00 but greater than $50.00 (sec. § 9-1856).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Part 9-land development ordinance, art. F - use regulations, § 9-1255- use standards; subpart b- Agriculture & animal-related uses; subpart 10--urban agriculture.