POLICY DATABASE
Pueblo, Colo., Code § 17-4-13 (current through Nov. 10, 2017)
Brief Summary
Establishes performance standards pertaining to community gardens, addressing operation plan development, hours of operation, composting, and on site sales. Clarifies zoning requirements applicable to community gardens and provides for their expansion, permitting, and maintenance, and provides protection for neighboring land use in case of gardens not being maintained. Allows community gardens as an accessory use by right in all zone districts that does not require a community garden permit; they are also allowed as a principal use by right in all districts so long as they follow the regulations (and obtain a permit). Incidental sales of harvested goods or plants are not permitted on site unless otherwise allowed in that zone.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow
State: Colorado
Jurisdiction Type: City
Jurisdiction Name: Pueblo
Does the law refer to priority populations in some way?
Unclear. Refers to community gardens as providing "supplementary access to affordable food." Sec. 17-4-13(a).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Refers to "local fresh food." Sec. 17-4-13(a).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Refers to community gardens as beautifying neighborhoods and providing care for lots that could otherwise become nuisances. Sec. 17-4-13(a).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Refers to community gardens as facilitating community development. Sec. 17-4-13(a).
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 intent of this Section is to provide regulatory authorization for community gardens and establish guidelines so that their development may remain harmonious with surrounding properties." Sec. 17-4-13(a). See also "overview" section: "This Section clarifies zoning requirements applicable to community gardens and facilitates and provides for their expansion, permitting and maintenance as well as providing protections for neighboring land uses in the event that such community gardens are not maintained." Sec. 17-4-13(b).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Sec. 17-2.
Does the law address implementation in some way?
Yes. Outlines the application process for a community garden and the administrative oversight required. See sec. 17-4-13(d).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Garden may be removed or altered, and any permit may be revoked. Sec. 17-4-13(g).
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
Title XVII (Zoning); Chapter 4 (Zone Districts, Regulations, Use Index); Article I (Schedule of District Regulations). Ordinances: Ord. No. 8370 §2, 7-11-11.