POLICY DATABASE
Policy Summary

This law sets standards for community gardens. Gardens may be individual or collective, and garden members may reside on the property. Other topics addressed include: placement and size of structures, on-site sales (some are allowed), drainage, and siting. Regarding limits on structures, it exempts the following: benches, bike racks, cold-frames, hoop houses, raised/accessible planting beds, compost or waste bins, picnic tables, garden art, rain barrel systems, children's play areas, etc.

Background Information

State Georgia
Jurisdiction Name Dunwoody
Jurisdiction Type City,
Population Size 5,000-50,000
Legal Strategies
  • Expressly allows something
  • Requires something, sets standards
Reach Community-wide
Food System Category Grow; Get;

Policy Details

Refers to priority populations?
Unclear

The reference to "raised/accessible planting beds" as an exception to limitations on size and placement of "structures" could indicate an intent to accommodate accessibility needs. § 27-135(c).

Health-related goal?
Yes

See references to "public health, safety, morals and general welfare" with respect to the general purpose and intent of the zoning ordinance. § 27-5.

Environmental goal?
No

Economic goal?
Yes

"Sales activities may occur only in locations where retail sales are an allowed use, provided that on-site sales of crops grown on a community garden site may be authorized as a temporary use in accordance [with law allowing garage sales]." § 27-135 (5).

Includes findings?
No

Has a stated intent or purpose?
Yes

Purpose of the Zoning Code: "This zoning ordinance is enacted by the mayor and city council in order to promote the public health, safety, morals and general welfare of the residents of the city and to help implement relevant provisions of the comprehensive plan and other adopted plans and policies. " § 27-5.

Includes definitions?
Yes

Sec. 27-621 (but definition for "community garden" is not included).

Addresses implementation?
Yes

The roles and duties of the various review and decision-making bodies responsible for the administration of the zoning provisions of this code are generally set forth in Article IV (§§ 27-491 -495) . However they are not specific to section 27-135.

Enforcement provisions?
Yes

Several are provided at section 27-529, including withholding/revoking permits, stopping work, injunctive relief, abatement, and more. § 27-529.

Evaluation component?
No

Requires extra investment?
No

Code context and ordinance history

Section 27-135 is located in Chapter 27 - Zoning Ordinance / Article III. - Uses and Specific-Use Regulations / Division 2. - Supplemental Use Regulations / Sec. 27-135. - Community gardens. History: Ord. No. 2013-10-15, § 1 (Exh. A § 27-9.50), 10-14-2013.