Dunwoody, Ga., Code § 27-135 (current through May 4, 2018)
Brief 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.
Legal Strategies
Expressly allows something.
Requires something, sets standards.
Food System Category: Grow, Get
State: Georgia
Jurisdiction Type: City
Jurisdiction Name: Dunwoody
Does the law refer to priority populations in some way?
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).
Does the law refer to or suggest a goal related to improving or protecting health?
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.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
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).
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?
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. 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.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Sec. 27-621 (but definition for "community garden" is not included).
Does the law address implementation in some way?
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.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Several are provided at section 27-529, including withholding/revoking permits, stopping work, injunctive relief, abatement, and more. § 27-529.
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
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.