POLICY DATABASE
Rockwall, Tex., Land Development Code Art. IV, § 2.1.1 (current through October 20, 2017)
Brief Summary
This provision sets use standards for rural and animal-related uses throughout the City's zoning districts. Specific definitions and regulations relate to urban agriculture including community gardens and urban farms. Community gardens are allowed by right in the City's "Agricultural District" (though a specific use permit is required for any onsite retail sales), and with a specific use permit in all other districts subject to specified conditions. Urban farms are allowed by right in the City's "Agricultural District" (though a specific use permit is required for any onsite retail sales), and allowed in residential zoning districts with a specific use permit, subject to specified conditions.
Legal Strategies
Expressly allows something.
Requires something, sets standards.
Reach
Community-wide
Food System Category: Grow, Get
State: Texas
Jurisdiction Type: City
Jurisdiction Name: Rockwall
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. Health hazard, vegetable, orchard (fruit) (Art. IV, §2.1.1).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Probable impacts to the subject property or surrounding properties, mitigation measures (Art. IV, §2.1.1).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Unclear. Describes urban agriculture as "industry" which uses and supplies "human and material resources, products and services largely to the urban area." (Sec. 2.1.1, definition of "urban agriculture").
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 Unified Development Code is adopted for the following purposes: To protect, promote, improve and provide for the public health, safety, and general welfare of the citizens of the City of Rockwall; To ensure the safe, orderly and efficient development and expansion of the City of Rockwall in accordance with and pursuant to its comprehensive plan, thoroughfare plan, and open space plan; To conserve, develop, protect and utilize natural resources, including, but not limited to, topography, vegetation, flood plain and other resources, in keeping with the public interest; To prevent the overcrowding of land and avoid undue concentration or diffusion of population or land uses; To protect and preserve places and areas of historical, cultural or architectural importance and significance to the community; To protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; To provide for open spaces through the most efficient design and layout of the land; To prevent the pollution of air and water, to ensure the adequacy of drainage facilities, to safeguard water resources and to preserve the integrity and aesthetic quality of the community; To lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; To facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services; and to treat in one unified text those areas of regulation more typically dealt with in separate ordinances such as, but not exclusively, the zoning ordinance[s], the subdivision rules and regulations. (Art. 1, §4)".
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Unclear. Although they are not labeled in a separate "definitions" section, this provision defines several terms for purposes of use the city's land use standards, including "urban agriculture," "community garden," and "urban farm." (Art. IV, § 2.1.1.).
Does the law address implementation in some way?
Unclear. Various administrative duties are set forth and assigned to various persons/bodies with respect to the Land Development Code in general at Article II.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Any person who violates or fails to comply with the requirements of this [Unified Development Code] or who builds or alters any building in violation of any plan or statement submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than $2,000.00" (Art. XII, § 1.1.).
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
Rockwall, Texas - Code of Ordinances, UNIFIED LAND DEVELOPMENT CODE Article IV - PERMISSIBLE USES SECTION 2. - USE STANDARDS Sec. 2.1.1. - Rural and animal-related. History: Ord. No. 07-18, 6-4-2007; Ord. No. 11-39, § 2, 9-6-2011.