5   BFUG Conference - Land Use
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5 BFUG Conference - Land Use

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  • Examples of Land Use arrangementsSample ordinances: how to find them and read them. Common provisions/termsHow to become involved in planningHow to monitor public notices of changes to city code.
  • NewYork City had first comprehensive zoning plan in 1916
  • This map is believed to be one of the city’s 1916 Use District Maps, according to the New York Public Library.
  • Why?Vacant land and abandoned buildings in aging industrial cities – attracts crime, wastes city resources  Goals of Innovative Land Use Arrangements to transform vacant land. Detroit Strategic Framework: Land Use, Detroit Works Project.increase value and productivitypromote long-term sustainabilityimprove health of all city residentsLand Use Planning and Development Regulation Law § 13:16 (3d ed.), Urban Agriculture, Julian Conrad Juergensmeyer and Tomas E. Roberts.
  • Detroit Strategic Framework: Land Use, Detroit Works Project.Neighborhoods of detached single-family homes. Not as efficient as mixed-use and compact neighborhoods. Overscaled, Non-Sustainable Infrastructures. Built for too many people and environmentally harmful.
  • Land Use Solutions:Landscapes: “green” land use. Reduces the resources necessary to sustain the city. Health and Environment. Improves air quality, soil, water. Restores biodiversity, wildlife.Detroit Strategic Framework: Land Use, Detroit Works Project.Existing Parks System in Detroit: 8% Parks, 92% other land uses. Proposed: Future Open Space System in Detroit: 7% Parks, 29% Landscape Typologies, 64% Other Land Uses. Landscape Land UseFarming and GardeningProductive ForestsMeadowsStormwater ManagementEach of these may be used for Educational purposes Purposes of Urban LandscapesStormwater ManagementEducational opportunitiesReduces resources necessary to sustain the cityImproves air quality, soil, and water Restores biodiversity – native plants, wildflowers
  • Neighborhood Mixed Use Land Use Typologies. Detroit Strategic Framework: Land Use, Detroit Works Project.Neighborhood CentersDistrict CentersCity Center: residential (dense), retail, events, recreation.Live + Make: artisanal and small manufacturing, fabrication, assembly, and workshop uses compatible with housing and retail.
  • Neighborhood Residential Land Use Typologies. Detroit Strategic Framework: Land Use, Detroit Works Project.Green Residential: Single- and multi-family homes, Community-maintained residential spaces, Productive landscapes, green infrastructure.Traditional Low-Density: detached single-family homes, retail on periphery, parks, schools, rec. centers. Detroit’s historic districts fall into this category. Traditional Medium-Density: more density, single family homes, duplex and townhouse structures, retail on periphery, parks, schools, rec. center. Green Mixed-Rise: combines medium- and high-density housing (low-rise and high-rise), retail areas provide employment, green infrastructure.
  • AccessingMost of the information you will need on permitted land use will be in the Zoning Ordinance of your city’s Municipal Code. Your city’s website may provide access to the Code as a whole, or may provide separate access to its Zoning Ordinance. Either way, Zoning Ordinances tend to be very lengthy. City Government’s websiteDetroit: http://www.municode.com/Also has codes for PittsburghNew York: Land Use/Zoning Maps http://gis.nyc.gov/doitt/nycitymap/template?applicationName=ZOLAZoning Text: http://www.nyc.gov/html/dcp/html/zone/zonetext.shtmlAlso look for zoning maps that will allow you to determine which district your land is in.
  • Regulation by Zoning DistrictSections generally included in Zoning Ordinances: Definitions Detroit’s has Urban Farm, etc., in with all other Use definitions New York, harder to find. Zoning Districts Include lists of uses. Conditional/By Right/Exceptions Residential, Commercial, Industrial, and Special Purpose Districts Use Table Accessory Uses
  • City governments rarely enact new zoning ordinances without public input. It is a city government’s responsibility to talk to city residents, including experts, community activists, and regular neighbors. However, every city government works differently, and none have the time and resources to reach out to every resident. Although reaching the city government directly can be difficult, there are other ways to make your voice heard. Public hearings. Written commentsJoin pro-farm orgainizations. Find local pro-farm entities, join them, gain a stronger voice. Or start your own! Mad City Chickens – Madison, WI – successfully lobbied the city government until Madison amended its zoning ordinance to allow chickens in 2004. New York City Beekeepers Association. Seattle’s Goat Justice League.Speak directly with City Council, City Planners, Planning Commissions. If you are already an active member of your community, City Planning Commissions may allow you to join community planning groups during the drafting and planning process of new ordinances. Detroit City Planner, Kathryn Underwood, for example, included her direct phone number and email address on the cover of Detroit’s new Urban Agriculture ordinances, which were available online to the public.

5   BFUG Conference - Land Use 5 BFUG Conference - Land Use Presentation Transcript

  • Urban Food, Farm & Agriculture Law Practicum Conventional and Innovative Land Use Arrangements Libby Busdicker
  • Urban Food, Farm & Agriculture Law Practicum I will address: 1. Zoning and Land Use Generally 2. Examples of conventional and innovative Land Use arrangements 3. Accessing and reading city ordinances 4. Becoming a part of the planning process
  • Urban Food, Farm & Agriculture Law Practicum 1. Zoning and Land Use Generally Legal Background • City governments are delegated powers to protect the public health, safety, and welfare of the community • Cities regulate land use primarily through zoning • In 1916, New York City was the first to write a comprehensive zoning plan
  • Urban Food, Farm & Agriculture Law Practicum New York City, 1916 Use District Map New York Public Library
  • Urban Food, Farm & Agriculture Law Practicum 1. Zoning and Land Use Generally Goals of Innovative Land Use Arrangements • Transform vacant land • Increase value and productivity • Promote long-term sustainability • Improve the “health, safety, and welfare” of the city
  • Urban Food, Farm & Agriculture Law Practicum 2. Examples of Conventional and Innovative Land Use Arrangements Problematic Land Use Arrangements Neighborhoods of detached single-family homes. Over-scaled, Non-Sustainable Infrastructures.
  • Urban Food, Farm & Agriculture Law Practicum 2. Examples of Conventional and Innovative Land Use Arrangements Urban Landscapes: “green” land use • Farming and Gardening • Productive Forests and Meadows Benefits of Urban Landscapes: • Educational opportunities • Stormwater management • Reduction in resources necessary to sustain the city • Improvement of air quality, soil, and water • Restoration of biodiversity – native plants and animals Photo credit: David Berkowitz (flickr) Example: New York’s High Line
  • Urban Food, Farm & Agriculture Law Practicum Examples of Conventional and Innovative Land Use Arrangements Mixed Use Neighborhoods Neighborhood Centers District Centers City Centers Live + Make districts from the Detroit Works Project Strategic Framework: Land Use
  • Urban Food, Farm & Agriculture Law Practicum Examples of Conventional and Innovative Land Use Arrangements Residential Neighborhoods Green Residential Traditional Low-Density Traditional Medium-Density Green Mixed-Rise from the Detroit Works Project Strategic Framework: Land Use
  • Urban Food, Farm & Agriculture Law Practicum 3. Accessing and Reading City Ordinances • City Codes and Zoning Ordinances are typically available on a City’s website • nyc.gov • detroitmi.gov • Planning.city.cleveland.oh.us • Look for Zoning Maps, which will allow you to determine your property’s zoning district
  • Urban Food, Farm & Agriculture Law Practicum 3. Accessing and Reading City Ordinances City of New York Zoning Resolution Article II: Residence District Regulations Chapter 2: Use Regulations 22-10 USES PERMITTED AS-OF-RIGHT [. . .] 22-14 Use Group 4 [. . .] B. Open uses [. . .] Agricultural #uses#, including greenhouses, nurseries, or truck gardens, provided that no offensive odors or dust are created, and that there is no sale of products not produced on the same #zoning lot# New York allows “agricultural uses” without special permits in all Residence Districts, but include limitations on odor, dust, and sale of products. However, agricultural uses do not have those limitations in Manufacturing Districts City of New York Zoning Resolution Article IV: Manufacturing District Regulations Chapter 2: Use Regulations 42-10 USES PERMITTED AS-OF-RIGHT [. . .] 42-14 Use Group 17 [. . .] C. Miscellaneous #uses# Agriculture, including greenhouses, nurseries or truck gardens
  • Urban Food, Farm & Agriculture Law Practicum 3. Accessing and Reading City Ordinances Detroit City Code - Chapter 61: Zoning Article VII: Residential Zoning Districts Division 4. R3 Low Density Residential District DIVISION 4. R3 LOW DENSITY RESIDENTIAL DISTRICT [. . .] Sec. 61-8-64. Conditional other uses. [. . .] (2) Greenhouse as provided for in ARTICLE XII.DIVISION 3.Subdivision H of this Chapter (3) Hoophouse as provided for in ARTICLE XII.DIVISION 3.Subdivision H of this Chapter (4) Signs as provided for in ARTICLE VI of this Chapter. (5) Urban farm as provided for in ARTICLE XII.DIVISION 3.Subdivision H of this Chapter Detroit similarly permits agricultural uses by zoning districts in its Zoning Ordinance. However, Detroit specifies permitted uses in sub-districts, like a “Low Density Residential District.” Detroit also separately permits narrow uses like “greenhouse” and “urban farm.”
  • Urban Food, Farm & Agriculture Law Practicum Becoming a Part of the Planning Process • Attend public hearings or submit written comments • Join pro-farm organizations • Speak directly with your City Council, City Planners, or Planning Commissions Detroit City Council