20.3.C Agriculture

20.3.C.1 Additional Bulk and Yard Regulations   

All structures and other improvements are subject to the bulk and yard regulations of the district, except as provided below:

a.  There are no yard requirements for the planting of crops.

b.  All structures used for the keeping of livestock shall be located a minimum of twenty-five (25) feet from any lot line. This does not apply to apiaries, chicken coops, pigeon coops, quail coops, and aquaponic structures, which shall meet the accessory structure requirements of Section 21.6.

c. Accessory structures associated with agricultural uses are permitted on lots without a principal structure.

Adopted by Ord. 29278 MCS, 12-19-19, ZD 079/19;

20.3.C.2 Soil Testing   

a.   Prior to the establishment of an agricultural use, soil testing from an accredited analytical laboratory is required to measure nutrients, heavy metals and any other harmful contaminants that may be present.  The laboratory shall follow the testing protocol established by the Louisiana State University Agricultural Center.  The soil samples shall be representative samplings from the entire portion of the site to be used for agricultural purposes.  The applicant shall provide a written report showing the results of such testing.

b.  Soil testing is not required for sites already in agricultural use, as of the effective date of this Ordinance.

c.  Alternatively, the operator may use raised planter boxes for all plants, in which case soil testing is not required. Raised planters shall have a minimum height of one (1) foot, constructed of materials that will not contaminate the crops or soil, and have a barrier that is impermeable to roots between on-site and imported soil. 

Adopted by Ord. 29278 MCS, 12-19-19, ZD 079/19;

20.3.C.3 Food Preparation, Processing, and Packaging   

a.  Post-harvest handling (defined as but not limited to trimming, washing, weighing, bunching, bagging, boxing, labeling, and dry, cold or frozen storage) and home food processing of all produce grown on site is permitted as part of any agricultural use. 

b.  Food may be prepared, processed, or packaged at an agricultural use located in any district in which food processing is a permitted use, or in any zoning district where food processing is a conditional use, upon approval.

c.  In any zoning district in which food processing is classified as a conditional use, a property owner may apply for a conditional use to permit the preparation, processing, or packaging of food or other products of any plants or livestock raised on the agricultural use. 

Adopted by Ord. 29278 MCS, 12-19-19, ZD 079/19;

20.3.C.4 Operational Standards   

a.  Dead plants, produce, and trash not used for composting or other gardening functions shall be removed from the site at the next available time of sanitation pick up, and at least weekly. 

b.  Except in the R-RE District and any Centers of Industry District, mechanical equipment may only be used during daylight hours.

c.  Regulated materials, such as chemicals, fertilizers, and toxins, shall not drain onto adjacent properties, into waterways, or onto public rights-of-way. Chemicals and other flammable materials shall be disposed of in accordance with federal and state requirements. If stored on-site, such chemicals or flammable materials shall be kept in waterproof containers in a locked structure when unattended.

d.  A sign containing the contact information for the agricultural use operator shall be posted at or within five (5) feet of the front lot line consistent with required setbacks. For any lots that constitute a portion of an agricultural use as a whole, but are not contiguous with the lot on which on which the owner or licensed operator of the farm resides, or where any lot in agricultural use does not include a resident or licensed operator of the farm present daily, an additional sign is required. Such signs shall not exceed a height of seven (7) feet and shall not exceed one (1) square foot in area.

Adopted by Ord. 29278 MCS, 12-19-19, ZD 079/19;

20.3.C.5 Presence of On-Site Licensed Operator   

An agricultural use shall require a license issued by the Department of Finance in accordance with regulations promulgated, or to be promulgates, by that Department pursuant to Sec. 2-1001 of the Code of the City of New Orleans. On on-site operator must be present at any lot subject to an agricultural use no less than two times per week while crops are active. If the agricultural use includes animal husbandry - with the exception of apiaries - the operator of the agricultural use must have a daily presence on site. All lots constituting the agricultural use shall be indicated on any permit or license for the agricultural use.

Adopted by Ord. 29278 MCS, 12-19-19, ZD 079/19;

20.3.C.6 Retail Sales   

Retail sales for an agricultural use are permitted at farm stands in all zoning districts in which agriculture is a permitted use, or, where it is a conditional use, upon approval, subject to the following standards:

a.  Farm stands shall conform to the provisions of Section 21.6.

b.  Retail sales are limited to the following:

i. Crops grown and/or livestock raised on any lot within city limits subject to a permitted agricultural use.

ii.  Other unprocessed food products, or home processed food products such as jams, jellies, pickles, sauces, or baked goods.

c. Farm stands in residential districts shall not exceed 200 square feet. 

d. Farm stands in residential districts must be removed from the premises or store inside a structure when not in operation.

e. Farm stands in residential districts shall not be located within the public right-of-way except if allowed by Chapter 110 of the New Orleans Municipal Code.

f. Sales at farm stands in residential districts shall be limited to between 8:00 a.m. and 8:00 p.m.

g. In residential districts, permitted signage is limited to one temporary sign displayed during sales hours.

Adopted by Ord. 29278 MCS, 12-19-19, ZD 079/19;

20.3.C.7 Standards for Livestock   

20.3.C.7.a General Requirements   

i.  A minimum site size of one (1) acre is required to keep livestock.

ii.  The maximum number of the following types of livestock animals that may be permitted on an agricultural use shall be in accordance with the standards provided below in Table 20-1: Minimum Lot Area for Livestock. As part of the conditional use approval, these standards will be used as the basis for establishing a standard for any animal not included in the table.

iii.  All livestock shall be kept so as not to cause any adverse impact, including but not limited to odor, noise, drainage, or pest infestation, on any other property. The presence of any such impact constitutes a violation of this Ordinance and a public nuisance that the Director of the Department of Safety and Permits and/or the Director of the Department of Health may require to be abated at the expense of the owner of the livestock and/or the owner of the property on which the livestock is kept.

iv.  All livestock shall be kept in accordance with the provisions of Chapter 18 of the City Code.

20.3.C.7.b Additional Information for Conditional Use Applications   

Any application for a conditional use to permit livestock shall indicate the following information, in addition to all other information required as part of the conditional use application:

i.  The location, size, height, and materials of all structures, shelters, enclosures, and any other improvements proposed to be provided for the keeping, raising, care, maintenance, and/or other activities associated with the livestock.

ii.  The maximum number of each type of animal proposed to be kept at the farm for any period of time.

iii.  The storage and disposal of animal waste. 

20.3.C.7.c Enclosure and Shelter   

i.   All livestock shall be kept within fences, corrals, barns, enclosures, or pens.

ii.  All livestock shall be provided sanitary and sound shelter, in accordance with Chapter 18 of the City Code.

iii.  All agricultural uses with livestock shall provide an appropriate method of protecting livestock in the event of flooding.

iv. Agriculture use operators may include office and meeting spaces within structures on lots with an agriculture use, so long as such structures are ancillary to the agriculture operation and not the primary function of the land, and must be less than 20% of the entire land space occupied by the agriculture operation.