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Boston’s Article 89
Urban Agriculture Ordinance
September 25, 2015
Push For Urban Ag in Boston 2010
City Growers (mixed greens)
Bloombrick(microgreens)
Cornerstalk
freight
container
hydroponic
growing
Pilot farms 2011
City disposed these two parcels through a public disposition process
• 23-29 Tucker Street (18,000 sf) – ReVision Urban Farm
• 131 Glenway Street (11,500 sf) – City Growers
• Resulted in local zoning amendments which led to Article 89
Source: BRA Zoning Viewer
Article 89 Launch
2012
54 pages
2 pages
Kickoff & Visioning Meeting - January 2012
Planning for Urban Agriculture
Will Allen,
Growing
Power
Milwaukee
How Was It Developed?
Mayor’s Urban Agriculture Working Group
11 neighborhood meetings w/ fresh produce!
18 Working Group meetings
Multiple Conversations with Experts,
Practitioners and/or other Stakeholders
to educate the City on topics like soil safety, hens, bees, composting, etc
What Does Article 89 Include?
Beekeeping
Ground Level Farming Backyard Hens
Roof Level Farming
Farmer’s Markets
Hydroponics & Aquaponics Soil Safety Aquaculture
Composting
What constitutes "Urban Agriculture"?
Backyard Hens
“DEFINED:
Urban Agriculture,” means the use of a Lot for the cultivation of food and/or
horticultural crops, Composting, Aquaponics, Aquaculture and/or Hydroponics.
Such use may include the Accessory Keeping of Animals or Bees where
Allowed by Underlying Zoning.
Assumes there will be transactional exchanges
What Does Article 89 N0T Include?
Community Gardens
Backyard Gardening
•Programming (training, education)
•Land acquisition
•Pesticide / fertilizer use
•Types of seeds or crops
Zoning and Making Good Neighbors
Types of Urban Farms
Rooftop Greenhouse
Ground Level Urban Farm
Roof Level Open Air Urban Farm
Ground Level Farms
Farms up to 1 acre to be allowed in all zoning districts
Farms larger than 1 acre allowed in industrial districts and
conditional in all other districts
Roof Level Farms
Less than 5,000 sf allowed in all zoning districts
Greater than 5,000 sf :
-Allowed in large scale commercial,
institutional and industrial districts
-Conditional in residential and small
scale commercial districts
Ledge Kitchen, Dorchester
∙4,000 sf
∙Provides 75% of needed produce
Whole Foods, Lynnfield
∙17,000 sf
∙11,000 pounds annually
Comprehensive Farm Review (“CFR”)
Showcase Study 1
Garrison-Trotter Farm (12,700 sf)
225-227 Harold St, Roxbury
Partnerships: Trust for Public Land, City of Boston, City Growers, Urban Farming Institute, & Dudley Neighbors Inc
Urban Farms Make Good Neighbors
Showcase Study 2
Oasis on Ballou (20,000 sf)
100 Ballou Avenue, Dorchester
Partnerships: Friends of Ballou, BU (Sustainability Lab), Health Resources In Action, Urban Farming Institute,
BC, Codman Square Health Center
• Intended to support on
site farming only
• Allowed by right on farms
• Cannot occupy more than
7 ½ percent of farm or roof
• Roof: Must be contained
within an enclosed bin
Composting
Mainstream
Practice:
Raised Bed
Method
Soil Safety
Vacant lot Site
Not included in the
current RFP.
BPHC Commercial Urban Farming
Soil Safety Compliance Certificate Program
Construct raised beds
Install geotextile barrier
Site
Add imported soil
Clear weeds and debris Sit
Farmer’s Markets / Farm Stands
Farmers markets allowed where
retail is currently allowed
Farm stands allowed on all
urban farms and where
retail is currently allowed
Keeping of
Animals
(Hens and Bees)
Current Zoning does address animals
Current Zoning
Applicability Section 3 of every Neighborhood Article:
”…Where conflicts exist between the provisions of this Article and the remainder of the Code,
the provisions of this Article shall govern…”
Existing Zoning (Example: Dorchester - Article 65):
Accessory Keeping of Animals
“Land Use Table”
Subdistricts
Article 89: Proposed Hen Conditions
(if use is a Conditional Use in underlying zoning)
Hens Bees
-Max 6 hens -Max 2 hives
-Coop and run dimensions -5’ Max Height
-Setbacks, materials, screening -Setbacks, flyways
Article 89: Aquaculture,
Aquaponics & Hydroponics
Most restrictive = Includes fish and is a primary use
Least restrictive = No fish and is not a primary use
Intensive hydroponic growing Aquaponics closed loop system
Hydroponics – Corner Stalk, East Boston Aquaculture – Australis (Turner Falls, MA)
Extra Help
1. Fatham Information Design App Creation for Urban Ag
- http://urb.ag/
2. Harvard Food Law and Policy Clinic
- Permitting Guides “Permits and Approvals Needed to
Start Your Farm”
3. Conservation Law Foundation (CLF) – Critical and
constructive eye to draft zoning language
City of Providence, RI
Ellen Cynar
October 2015
Origin of Lots of Hope
Front Step Farm
Manton Bend Community Farm-Before
Manton Bend Community Farm
• Farm features
– 6 contiguous, vacant lots totaling almost 24,000 sq ft.
– Market grower area with 40+ mounded beds (4x12’)
– Community garden area with 12 raised beds (4x12’)
– Accessibility garden area with 4 tall raised beds
– Market grower washing station
– Perennial planting areas (pollination and beautification)
– Space for future composting
• Created as pilot project to learn lessons
• City partners with SCLT -> SCLT partners with AARI
Manton Bend Community Farm Design
Manton Bend Community Farm
Buildout
Manton Bend Community Farm- After
Lessons Learned
• Asset of middle party
• Pre-lease soil testing
• Establishing clear expectations with all
constituencies
• Design the program for low-resourced
growers
• Lease issues
Lessons Learned
Lots of Hope 2014-2015
Four additional farms
1. Meader Street Farm
2. Sky Hill Farm
3. Lots of Hope Urban Greenhouse
4. Charles Street Community Farm – Spring 2016
Why a greenhouse?
• Listened to our growers
• RI has a short growing season
• Opportunities to link nutrition to agriculture
• Need for school curriculum integration
Prairie Avenue Greenhouse Before
Prairie Avenue Greenhouse During
Prairie Avenue Greenhouse After
City of Providence Zoning Ordinance
• December 2014: new comprehensive zoning
ordinance
• Explicitly permits plant agriculture and on-site
farm sales in most zoning districts
• Permits season extension infrastructure and
accessory structures
• Permits on-site farmstands
THANK YOU!
Ellen Cynar, MS, MPH
Deputy Director, Healthy Communities Office
City of Providence
ecynar@providenceri.com
401-421-7740
Urban Ag in Hartford
Professor Sara C. Bronin
sara.bronin@uconn.edu | 860.570.5121
Photo © Sara C. Bronin.
City Characteristics
• Hartford is 18 sq mi
• Zoning
– Downtown core = red
– Industrial = pink
• Demographics
– Hartford among poorest
cities of its size
– Many depend on gov.
assistance for food
– Food desert
Source for photos: National Park Service.
Local Food System Framework
• Hartford Food System
(food supply chain)
• Knox Parks (trees & parks)
• Food Desert
Photo © Sara C. Bronin.
Zoning Pre-4/15
• No definition for
community gardens,
urban farms, farmers’
markets, henhouses, and
beekeeping
• But 32 sites in nearly
every zone w/community
gardens, urban farms, &
farmer’s markets
Zoning Post-4/15
• Includes provisions for larger sites
– Used “single-operator garden” instead of
“urban farm”
– Defines accessory structures such as
compost bins, greenhouses, hoophouses,
shade pavilions, and farm stands
– Will put this aside
• Allows for hens/bees to be kept in any zone in
the city
– Our focus
Henhouses in Hartford (§ 905(g))
• Henhouse means an enclosed structure for hens, which
shall not exceed two hundred (200) square feet (§ 2)
• Max 1 for 6 hens in residences, in community
gardens/urban farms, 1 hen for every 1,000 SF area of
lot over 10,000 SF with Max 12 hens
• No sale of eggs except at permitted farm stands
• Must be in rear yard, 25’ from street line, 15’ from
residential dwelling, and 15’ from property line
• Durable materials, predator-proof, waste provisions,
biohazard practices, etc.
• Obnoxious odors or other effects can be a public
nuisance that can be abated by city officials
Beekeeping in Hartford (§ 905(h))
• Hive means a manufactured receptacle or container
prepared for the use of honey bees that includes
moveable frames, combs and substances deposited in
the hives by honey bees (§ 2)
• Max 4 colonies for residents, with 1 more colony per
1,000 SF of lot area over 10,000 SF for max 10 colonies;
for community gardens/urban farms, max 10/lot; no
limitation in industrial zone if on rooftops
• Rear yard/side yard in residential zone, 10’ from property
line/sidewalk, 25’ from principal building on abutting lot
• No sale of eggs except at permitted farm stands
• No colony more than 20 cubic feet
Beekeeping in Hartford (§ 905(h))
• A flyway barrier of at least six (6)
feet in height must shield any part of
a property line within twenty-five (25)
feet of a colony, provided that such
flyway barrier shall consist of a wall,
fence, dense vegetation, or a
combination thereof and shall be
positioned to transect both legs of a
triangle extending from an apex at the
colony to each end point of the part of
the property to be shielded, and
further provided, however, that a
flyway barrier shall not be required if
the base of the colony is located more
than six (6) feet above the ground.
Photos © Sara C. Bronin.
Thank You!
Professor Sara C. Bronin
sara.bronin@uconn.edu | 860.570.5121
BREAKING DOWN BARRIERS
TO LOCAL FOOD
DISTRIBUTION IN URBAN
CENTERS
BARRIERS
 No commonly accepted definition of what’s “local”
 Need for food policy councils with real decision-making
authority and appropriate representation
 Lack of affordable and coordinated infrastructure for food
producers and distributors
 Producers’ inability to access certain markets because of
production/quality requirements
San Francisco
enacted an
Executive Directive
entitled “Healthy
and Sustainable
Food for San
Francisco”
Massachusetts
enacted a state law
preferring locally
grown products
LOCALLY GROWN FOOD LAWS AND
ORDINANCES
INCREASING ROLE FOR FOOD HUBS
 Provide the infrastructure for networks of individuals engaged
in the food system supply chain
 Tailored to meet the needs of specific communities and
involve a host of mechanisms by which to achieve favorable
outcomes for local producers and the communities that they
serve
 Incorporate many of the alternative distributional models for
local foods, including shared kitchens, cooperatively owned
business structures, and food trucks used to deliver local
fresh foods into neighborhoods that generally lack access
 Generally, however, they are in need of state and local support
CASE STUDY: BALTIMORE FOOD HUB
 Economic development
 Urban revitalization
 Workforce development
 Community mobilization
 Adaptive reuse
 Green space
 Food security/access
 Laurie J. Beyranevand, Associate Director of the Center for
Agriculture and Food Systems, and Associate Professor of
Law, lbeyranevand@vermontlaw.edu
QUESTIONS/COMMENTS?

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Boston's Urban Ag Ordinance

  • 1.
  • 2. Boston’s Article 89 Urban Agriculture Ordinance September 25, 2015
  • 3. Push For Urban Ag in Boston 2010 City Growers (mixed greens) Bloombrick(microgreens) Cornerstalk freight container hydroponic growing
  • 4. Pilot farms 2011 City disposed these two parcels through a public disposition process • 23-29 Tucker Street (18,000 sf) – ReVision Urban Farm • 131 Glenway Street (11,500 sf) – City Growers • Resulted in local zoning amendments which led to Article 89 Source: BRA Zoning Viewer
  • 6. Kickoff & Visioning Meeting - January 2012 Planning for Urban Agriculture Will Allen, Growing Power Milwaukee
  • 7. How Was It Developed? Mayor’s Urban Agriculture Working Group 11 neighborhood meetings w/ fresh produce! 18 Working Group meetings Multiple Conversations with Experts, Practitioners and/or other Stakeholders to educate the City on topics like soil safety, hens, bees, composting, etc
  • 8. What Does Article 89 Include? Beekeeping Ground Level Farming Backyard Hens Roof Level Farming Farmer’s Markets Hydroponics & Aquaponics Soil Safety Aquaculture Composting
  • 9. What constitutes "Urban Agriculture"? Backyard Hens “DEFINED: Urban Agriculture,” means the use of a Lot for the cultivation of food and/or horticultural crops, Composting, Aquaponics, Aquaculture and/or Hydroponics. Such use may include the Accessory Keeping of Animals or Bees where Allowed by Underlying Zoning. Assumes there will be transactional exchanges
  • 10. What Does Article 89 N0T Include? Community Gardens Backyard Gardening •Programming (training, education) •Land acquisition •Pesticide / fertilizer use •Types of seeds or crops
  • 11. Zoning and Making Good Neighbors
  • 12. Types of Urban Farms Rooftop Greenhouse Ground Level Urban Farm Roof Level Open Air Urban Farm
  • 13. Ground Level Farms Farms up to 1 acre to be allowed in all zoning districts Farms larger than 1 acre allowed in industrial districts and conditional in all other districts
  • 14. Roof Level Farms Less than 5,000 sf allowed in all zoning districts Greater than 5,000 sf : -Allowed in large scale commercial, institutional and industrial districts -Conditional in residential and small scale commercial districts Ledge Kitchen, Dorchester ∙4,000 sf ∙Provides 75% of needed produce Whole Foods, Lynnfield ∙17,000 sf ∙11,000 pounds annually
  • 15. Comprehensive Farm Review (“CFR”) Showcase Study 1 Garrison-Trotter Farm (12,700 sf) 225-227 Harold St, Roxbury Partnerships: Trust for Public Land, City of Boston, City Growers, Urban Farming Institute, & Dudley Neighbors Inc
  • 16. Urban Farms Make Good Neighbors Showcase Study 2 Oasis on Ballou (20,000 sf) 100 Ballou Avenue, Dorchester Partnerships: Friends of Ballou, BU (Sustainability Lab), Health Resources In Action, Urban Farming Institute, BC, Codman Square Health Center
  • 17. • Intended to support on site farming only • Allowed by right on farms • Cannot occupy more than 7 ½ percent of farm or roof • Roof: Must be contained within an enclosed bin Composting
  • 19. Vacant lot Site Not included in the current RFP. BPHC Commercial Urban Farming Soil Safety Compliance Certificate Program Construct raised beds Install geotextile barrier Site Add imported soil Clear weeds and debris Sit
  • 20. Farmer’s Markets / Farm Stands Farmers markets allowed where retail is currently allowed Farm stands allowed on all urban farms and where retail is currently allowed
  • 22. Current Zoning does address animals
  • 23. Current Zoning Applicability Section 3 of every Neighborhood Article: ”…Where conflicts exist between the provisions of this Article and the remainder of the Code, the provisions of this Article shall govern…”
  • 24. Existing Zoning (Example: Dorchester - Article 65): Accessory Keeping of Animals “Land Use Table” Subdistricts
  • 25. Article 89: Proposed Hen Conditions (if use is a Conditional Use in underlying zoning) Hens Bees -Max 6 hens -Max 2 hives -Coop and run dimensions -5’ Max Height -Setbacks, materials, screening -Setbacks, flyways
  • 26. Article 89: Aquaculture, Aquaponics & Hydroponics Most restrictive = Includes fish and is a primary use Least restrictive = No fish and is not a primary use Intensive hydroponic growing Aquaponics closed loop system Hydroponics – Corner Stalk, East Boston Aquaculture – Australis (Turner Falls, MA)
  • 27. Extra Help 1. Fatham Information Design App Creation for Urban Ag - http://urb.ag/ 2. Harvard Food Law and Policy Clinic - Permitting Guides “Permits and Approvals Needed to Start Your Farm” 3. Conservation Law Foundation (CLF) – Critical and constructive eye to draft zoning language
  • 28. City of Providence, RI Ellen Cynar October 2015
  • 29. Origin of Lots of Hope
  • 31. Manton Bend Community Farm-Before
  • 32. Manton Bend Community Farm • Farm features – 6 contiguous, vacant lots totaling almost 24,000 sq ft. – Market grower area with 40+ mounded beds (4x12’) – Community garden area with 12 raised beds (4x12’) – Accessibility garden area with 4 tall raised beds – Market grower washing station – Perennial planting areas (pollination and beautification) – Space for future composting • Created as pilot project to learn lessons • City partners with SCLT -> SCLT partners with AARI
  • 33. Manton Bend Community Farm Design
  • 34. Manton Bend Community Farm Buildout
  • 35. Manton Bend Community Farm- After
  • 36.
  • 37. Lessons Learned • Asset of middle party • Pre-lease soil testing • Establishing clear expectations with all constituencies • Design the program for low-resourced growers • Lease issues
  • 39. Lots of Hope 2014-2015 Four additional farms 1. Meader Street Farm 2. Sky Hill Farm 3. Lots of Hope Urban Greenhouse 4. Charles Street Community Farm – Spring 2016
  • 40. Why a greenhouse? • Listened to our growers • RI has a short growing season • Opportunities to link nutrition to agriculture • Need for school curriculum integration
  • 44. City of Providence Zoning Ordinance • December 2014: new comprehensive zoning ordinance • Explicitly permits plant agriculture and on-site farm sales in most zoning districts • Permits season extension infrastructure and accessory structures • Permits on-site farmstands
  • 45. THANK YOU! Ellen Cynar, MS, MPH Deputy Director, Healthy Communities Office City of Providence ecynar@providenceri.com 401-421-7740
  • 46. Urban Ag in Hartford Professor Sara C. Bronin sara.bronin@uconn.edu | 860.570.5121 Photo © Sara C. Bronin.
  • 47. City Characteristics • Hartford is 18 sq mi • Zoning – Downtown core = red – Industrial = pink • Demographics – Hartford among poorest cities of its size – Many depend on gov. assistance for food – Food desert Source for photos: National Park Service.
  • 48. Local Food System Framework • Hartford Food System (food supply chain) • Knox Parks (trees & parks) • Food Desert Photo © Sara C. Bronin.
  • 49. Zoning Pre-4/15 • No definition for community gardens, urban farms, farmers’ markets, henhouses, and beekeeping • But 32 sites in nearly every zone w/community gardens, urban farms, & farmer’s markets
  • 50. Zoning Post-4/15 • Includes provisions for larger sites – Used “single-operator garden” instead of “urban farm” – Defines accessory structures such as compost bins, greenhouses, hoophouses, shade pavilions, and farm stands – Will put this aside • Allows for hens/bees to be kept in any zone in the city – Our focus
  • 51. Henhouses in Hartford (§ 905(g)) • Henhouse means an enclosed structure for hens, which shall not exceed two hundred (200) square feet (§ 2) • Max 1 for 6 hens in residences, in community gardens/urban farms, 1 hen for every 1,000 SF area of lot over 10,000 SF with Max 12 hens • No sale of eggs except at permitted farm stands • Must be in rear yard, 25’ from street line, 15’ from residential dwelling, and 15’ from property line • Durable materials, predator-proof, waste provisions, biohazard practices, etc. • Obnoxious odors or other effects can be a public nuisance that can be abated by city officials
  • 52. Beekeeping in Hartford (§ 905(h)) • Hive means a manufactured receptacle or container prepared for the use of honey bees that includes moveable frames, combs and substances deposited in the hives by honey bees (§ 2) • Max 4 colonies for residents, with 1 more colony per 1,000 SF of lot area over 10,000 SF for max 10 colonies; for community gardens/urban farms, max 10/lot; no limitation in industrial zone if on rooftops • Rear yard/side yard in residential zone, 10’ from property line/sidewalk, 25’ from principal building on abutting lot • No sale of eggs except at permitted farm stands • No colony more than 20 cubic feet
  • 53. Beekeeping in Hartford (§ 905(h)) • A flyway barrier of at least six (6) feet in height must shield any part of a property line within twenty-five (25) feet of a colony, provided that such flyway barrier shall consist of a wall, fence, dense vegetation, or a combination thereof and shall be positioned to transect both legs of a triangle extending from an apex at the colony to each end point of the part of the property to be shielded, and further provided, however, that a flyway barrier shall not be required if the base of the colony is located more than six (6) feet above the ground. Photos © Sara C. Bronin.
  • 54. Thank You! Professor Sara C. Bronin sara.bronin@uconn.edu | 860.570.5121
  • 55. BREAKING DOWN BARRIERS TO LOCAL FOOD DISTRIBUTION IN URBAN CENTERS
  • 56. BARRIERS  No commonly accepted definition of what’s “local”  Need for food policy councils with real decision-making authority and appropriate representation  Lack of affordable and coordinated infrastructure for food producers and distributors  Producers’ inability to access certain markets because of production/quality requirements
  • 57. San Francisco enacted an Executive Directive entitled “Healthy and Sustainable Food for San Francisco” Massachusetts enacted a state law preferring locally grown products LOCALLY GROWN FOOD LAWS AND ORDINANCES
  • 58. INCREASING ROLE FOR FOOD HUBS  Provide the infrastructure for networks of individuals engaged in the food system supply chain  Tailored to meet the needs of specific communities and involve a host of mechanisms by which to achieve favorable outcomes for local producers and the communities that they serve  Incorporate many of the alternative distributional models for local foods, including shared kitchens, cooperatively owned business structures, and food trucks used to deliver local fresh foods into neighborhoods that generally lack access  Generally, however, they are in need of state and local support
  • 59. CASE STUDY: BALTIMORE FOOD HUB  Economic development  Urban revitalization  Workforce development  Community mobilization  Adaptive reuse  Green space  Food security/access
  • 60.  Laurie J. Beyranevand, Associate Director of the Center for Agriculture and Food Systems, and Associate Professor of Law, lbeyranevand@vermontlaw.edu QUESTIONS/COMMENTS?

Editor's Notes

  1. [Picture of lettuce farm] Big reason: forbidden Other reasons: National food movement Increase access to healthy food Promote community building create business opportunities
  2. snapshot of Defines many UA activities Provides use and dimensional regulations for most UA activities Provides design oversight for Urban Farms
  3. Process: Hold neighborhood meetings Be transparent Disseminate information widely Content Support different types of farms (for profit, non profit) Support rooftop farming Promote soil safety (and soil safety education) Content (cont’d) Facilitate composting Farm “start up” kits Education Winter markets (??) Farm “start up” kits Vertical farming Keeping of hens and bees Other Education Youth education & training After school programming Curbside composting
  4. Open Public Process 17 meeting 22 Working Group members Public attendees Authored by BRA Staff in consult w/ Zoning Dept
  5. Types of crops or seeds Land acquisition Programming Pesticide / fertilizer regulations Start-up costs and subsidies
  6. Edith take some time to talk about Implementation of projects and programs related to urban agriculture
  7. Inspiration for creating an ongoing strategy and partnership with a community organization: Front Step Farm
  8. Lots of Hope seede with funding from the RI Foundation, Local Sustainability matching fund (now Partners for Places) and RI Dept of Health
  9. .55 acres Accessibility area: wheelchair pull-in and accessible surfacing
  10. Like having middle party (SCLT) to manage farm and subletting Glad to have tested soil quality before leasing – learned community mistrust of RI-DEM Clear expectations: (Neighborhood, urban ag leaders, City Hall; about cost and time to develop farms) Low-resource growers; minimized pushback for use of city property for for-profit Lease issues: Worst case scenarios: (inappropriate growing, inadequate maintenance, etc.) Formal agreement between lessee and growers before build Have clear subletting requirements in the lease including cost to subletters and eligible subletters (low resource growers)
  11. Importance of heavy machinery and photo-ops
  12. Sky Hill Farm: purchased by SCLT and went through road abandonment process for hoop houses through NRCS funding
  13. Season extension; greenhouses hoophouses Acessory structures: for raising chicken, fish, bees