Food Zoning Paper


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Food Zoning Paper

  1. 1. Food Zoning White Paper Luis Nieves-Ruiz, AICPSeptember 2011 Orange County Government Research and Economic Development DRAFT
  2. 2. SummaryFood systems projects, ranging from community gardens to farmers’ markets, have grown popular across the nation in response tothe recent food recalls, the need to revitalize and promote entrepreneurship in urban neighborhoods, and people’s desire to be moreconnected with the food production process. While the demand for these projects is increasing nationwide, its proponents often findthat local land use and zoning regulations can sometimes act as a barrier for this type of projects.Most zoning codes are based on Euclidean principles that call for the strict separation of land uses. While this separation of uses wasnecessary in the past, municipalities are starting to flexiblize their regulations. This paper examines how three food uses – urban agri-culture, community gardens, and farmers’ markets – are incorporated in the zoning codes of several jurisdictions across the UnitedStates. It compares how jurisdictions define these food uses, in which zoning districts they are allowed, and the specific developmentstandards set for each use.As a take-away for the practice, the paper provides a set of recommendations for the inclusion of these food uses in the OrangeCounty Zoning Code (Chapter 38, Orange County Code) and the new Land Development Code.This is the second paper in the Orange County Food System Series. The Food Production in Orange County White Papercan be found here. About the Author Luis Nieves-Ruiz works as a Principal Planner for the Orange County Planning Division. His research interests include food systems planning, economic development, and demographics. Luis holds a Masters’ Degree in Regional Planning from Cornell University, and is a member of the American Institute of Certified Planners. He can be reached at Luis would like to thank Alissa Barber Torres, John Smogor, Susan Caswell, and Carol Hossfield for their helpful comments and edits. Orange County Planning Division 2
  3. 3. INTRODUCTION purposes. In this specific case, she wanted to use the While citizens are demanding more access to fresh food, cow’s manure as fertilizer for her strawberry farm. they often find that local regulations act as a barrier to Rather than an anomaly, this case should be seen as a this outcome. Most zoning codes are based on Euclidean local example of a national movement that promotes principles that call for the strict separation of land uses the consumption of fresh and locally grown foods. in order to protect public health, safety, and the general Urban agriculture projects, ranging from community welfare of the population. In response to citizen gardens to chicken keeping, have grown popular demand for fresh food, jurisdictions across the United across the nation in response to the recent food States have begun to temper some of their regulations recalls, the need to revitalize Rust Belt cities, and to allow limited agricultural uses in urban and suburban people’s desire to be more connected with the food areas. The American Planning Association has become a production process. strong advocate for the local food movement by urging planners to become more involved in food system issues This white paper examines how food uses, food and providing related information and research. production and food access, are incorporated in the Planners can improve people’s access to food by zoning codes of several jurisdictions across the United modifying zoning regulations and regulatory burdens States. The report focuses on three main uses: urban that often serve as barriers to food production and agriculture, community gardens, and farmers’ markets People’s desire for fresh food has led tothe popularity of urban agriculture opera- access. Sometimes, even though a “food use” may be to compare how jurisdictions define these food uses,tions, community gardens, and farmers’ allowed through special exception or rezoning, themarkets in urban areas. in which zoning districts they are allowed, and the application process can still be cumbersome for some specific standards for each use. The final part of the customers. Another problem is usually that these “food report provides a set of recommendations for the uses” are not defined in the local zoning codes. inclusion of food uses in the Orange County Zoning Code (Chapter 38, Orange County Code). The purpose Recently, the Planning and Zoning Commission heard of this analysis is to seek ways to facilitate food several cases in which the applicants asked to production in Orange County and provide county “downzone” their properties to allow domestic residents better access to fresh fruits and vegetables. agricultural uses in their properties. In Case #RZ-08-01- 004, the applicant sought to rezone her 2.13 acre URBAN AGRICULTURE property from R-1 (Single Family Dwelling District) to The revival of urban agriculture started in the 1970s in RCE (Country Estate District) to allow a cow for domestic Orange County Planning Division 3
  4. 4. low income areas hit hard by the decline of U.S Definitions Urban Agriculture in Milwaukeemanufacturing and the disinvestment caused by Currently, the Orange County Zoning Codesuburbanization trends. Community gardens does not have a definition for urbanstarted to sprout at vacant lots where agriculture. The County defines crops usingabandoned buildings were formerly located, the Standard Industry Classification (SIC)leading to the revitalization of these code, which classifies farms by the type ofcommunities. More often than not, urban products produced. The intent of this codeagriculture serves as an alternative to vacant is to describe large industrial farms, whichlots, and it has been promoted in landscaped need large amounts of land. Indeed, mostareas of schools, hospitals, city parks, utility crop production uses are only allowedeasements, and public building rooftops. Urban agricultural zoning districts (A-1, A-2, and A- Growing Power, a non-profit organization and land trustagriculture has also become a tool to revitalize R) and as a special exception in rural founded by former NBA player Will Allen, operates a 2 acre This is where the caption goes farm complex in Northwest Milwaukee. This facility hascommunities, promote entrepreneurship in low residential districts with lots at least 1 acre become an urban laboratory for the enhancement of com-income areas, and increase economic in size. The County allows, but does not munity food systems. It is comprised of several green houses regulate, home gardens as an accessory use and hoop houses to grow vegetable and herbs, anopportunities for urban residents. Orange aauaponics area, poultry and livestock pens, an apiary, aCounty has a significant amount of vacant land to residential properties. In the past, it has composting operation, among other urban areas that could be used for vegetable also permitted some communal agriculturalgardening, which could also help to improve activities on passive tracts of land innutrition in lower income neighborhoods. residential subdivisions. However, these of Seattle defines “urban farm” as a use in whichCommunities like Pine Hills, Holden Heights, and farms are not allowed to have onsite sales. plants are grown for sale of the plants or theirAzalea Park could benefit from urban agriculture On the other hand, agricultural uses are not products, including flower and vegetable raising,initiatives. For this report, staff focused on two currently permitted in non-residential orchards and vineyards (Section 23.84A.002A5,main uses: urban agriculture and community parcels. Seattle Zoning Code). On the other hand, thegardens. The County recently funded a Kansas City code typifies urban agriculture as a 1community garden using RENEW funds in Pine Similar to Orange County, most municipal home garden, community garden, or communityHills. Staff is not recommending any changes to codes do not define urban agriculture as a supported agriculture (CSA) farm (S. 88-805-06-C).animal keeping uses because they can be a specific use category. Kansas City and The Cities of Cincinnati, Milwaukee, and Portlandnuisance in urban environments. Seattle, the most recent jurisdictions to Thi do not have specific definitions for urban s is adopt food policy ordinances, were the only ones that included similar terms. The City Orange County Planning Division 4
  5. 5. agriculture; they just refer to it as agriculture. activities that raise, produce or keep plants or adoptees of food zoning ordinances, are the Farming is defined in the Cincinnati animals. It excludes plant and animal most liberal cities relative to regulation of Development Regulations as the raising of processing, livestock auctions, retail plant agricultural uses. “tree, vine, field, forage and other plants nurseries, and boarding kennels Cincinnati allows farming in three of the city’s crops, as well as the keeping, grazing or (Section33.920.500, Portland Oregon Zoning single family residential districts (SF-20, SF-10, feeding of animals and incidental processing, Code). and SF-6). The lot size in these districts is storage and retail facilities” (Section 1401-01- Permitted Zoning Districts between 6,000 and 20,000 square feet in size. F3, Cincinnati Code of Ordinances). The following table shows the zoning This is similar to the minimum lot requirements Milwaukee does not define agriculture as a categories where agriculture is allowed in the of Orange County’s Single-Family Dwelling use, but its code lists it as a use category. The different jurisdictions, categorized based on Districts (R-1A and R-1AA) and Residential city code instead defines two specific uses: the diversity of zoning districts within the Urban Districts (R-1AAA and R-1AAAA). In plant nursery or greenhouse and raising of studied cities. According to the research, addition, the City also allows farming on the RF- crops or livestock. Finally, Portland Kansas City and Seattle, the most recent R (Riverfront Residential/Recreational District) characterizes agriculture to include all zoning district, which is one of the City’s riverfront zoning districts along the Miami andFigure 1: Comparison of Urban Agriculture Use in Urban Zoning Districts Ohio rivers. The lot size requirement on this zoning district is 4,000 square feet. This zoning Zoning District Categories district’s purpose is to integrate residential with Jurisdiction Single public and semi-public uses. Cincinnati does not Multi Family Mixed Family Office Commercial Industrial Institutional Other allow farming on any of its non-residential Residential Use Residential zoning districts. Cincinnati P N N N N N N P Milwaukee allows urban agriculture in all of its Milwaukee P P N N P N/A P N/A single-family and multi-family residential districts. These include traditional and historic Portland P/CU P CU P P neighborhoods, duplexes, low-and medium- Kansas City P P P P P N/A N/A P density residential, and multifamily residential districts. Milwaukee also has three mixed use Seattle P/CU P/CU P P P N/A N N/ASources: Codes of Ordinances for the cities of Cincinnati, Kansas City, Milwaukee, and the Seattle Municipal CodeP=Permitted, CU=Conditional Use, N/A =Not applicable inc awarded were the Business Materials Sales Tax Refunds. Orange County Planning Division 5
  6. 6. zoning districts that permit a mix of Kansas City recently updated its Zoning and (NC1, NC2, NC3) and Commercial (C1, and C2)residential, neighborhood commercial, and Development Code to allow and regulate zoning districts. Urban farms are permitted onoffice uses and that also allow agriculture. urban agriculture. The City has three Industrial Buffer (IB), Industrial Commercial (IC),Milwaukee also allows agricultural uses in the agricultural classifications: crop, animal, and General Industrial (IG1 and IG2), except withinCity’s industrial zoning districts. The City does urban. The City code further subdivides urban designated manufacturing centers, where theynot allow agriculture in its institutional zoning agriculture into three subcategories: home are only permitted on rooftops .districts, except for the Parks Zoning District. garden, community garden, and communityNurseries and greenhouses are limited uses supported agriculture2 (CSA) farm. Home Building and Zoning Standardsin this zoning district and may be approved gardens and community gardens are A few of the jurisdictions reviewed have specificthrough a special use permit. permitted in all residential, office, standards governing agriculture in urban areas. commercial, downtown, and manufacturing Most of them only required that the use complyThe City of Portland is very committed to zoning districts. CSA farms require a special with the lot and building requirements of eachurban agriculture and sustainability. exception permit when they are located in zoning district. Two of the jurisdictions haveAgriculture is allowed as a permitted use in any of the residential zoning districts, but are special setback requirements, and another twotwo single-family residential zoning districts: allowed as a permitted use in the City’s jurisdictions allow signs. The table belowResidential Farm/Forest (RF) and Residential office, commercial, downtown, and summarizes this information.20,000. The City requires a conditional use on manufacturing zoning districts.Residential 10,000 (R-10) and Residential In Seattle, when the farm is considered a7,000 (R-7) zoning districts. Portland also principal use, the total gross floor area of all The City of Seattle updated it Land Use Codeallows urban agriculture in the majority of structures for urban farm use may not exceed in 2010 to allow urban farms in all zoningthe city’s nonresidential zoning districts, 1,000 square feet. In addition to having to districts and, with some restrictions, onincluding industrial (General Industrial 1, comply with the zoning district’s development industrial land. However, urban farms areGeneral Industrial 2, and Heavy Industrial), standards for accessory structures, structures permitted outright as an accessory use onMixed Use (General Employment 1 and 2 and may not exceed 12 feet in height, including any residential zoning districts when they are noCentral Employment), and as a conditional pitched roof. However, greenhouses dedicated larger than 4,000 square feet. Bigger farmsuse on the Commercial/Office zoning districts to food production are permitted to extend 15 may be allowed as an accessory use with a(Storefront Commercial, General Commercial, feet above the applicable height limit, as long as conditional use permit. Most agriculturaland Central Commercial). Urban agriculture the combined total coverage of all features uses are allowed in commercial and officeis prohibited in all multifamily and gaining additional height does not exceed 50 zones, such as the Neighborhood Commercialneighborhood commercial zoning districts. Orange County Planning Division 6
  7. 7. percent of the roof area. Greenhouses attached Seattle allows one identification sign, not ex- are not subject to the restrictions governingto the principal structure may extend a maximum ceeding 64 square inches in area. None of the home occupations. A CSA permits is initiallyof 6 feet over the front and side setbacks. jurisdictions require parking for urban agricul- granted for one year with subsequent renewals ture. However, the City of Portland allows the allowed for up to 5 years. Seattle limits retail inclusion of parking requirements, if the use is sales and all other public uses of the farm to theCincinnati and Kansas City have special setback approved through a conditional use permit. hours of 7:00 7:00 p.m. every day of therequirements for agricultural uses. Cincinnati week. Deliveries and the use of commercial ve-requires all enclosures to be set back at least 100 hicles are also restricted. Both jurisdictions re-feet from the lot lines. In Kansas, all farmed Most ordinances also regulate other aspects of quire chemicals and equipment to be stored inareas must be setback at least 3 feet from all the urban farms, including hours of operation, an enclosed structure in residential andproperty lines. The required setback must be sales, mechanical equipment, and site planning neighborhood commercial areas. Seattle onlycovered with ground cover. requirements. Both Kansas City and Seattle al- allows the use of mechanical equipment de- low product sales, with certain restrictions. For signed for households in urban farms.Kansas City and Seattle allow signs in urban example, Kansas City only allows onsite salesfarms. Kansas City allows one temporary sign and donations if the property is vacant and not in a residential district. Sales are restricted These two ordinances also address aestheticadvertising food grown on site that may be from May to October of each year. These sales and nuisance concerns. For example, Kansasdisplayed during sales. The on-site sign must be are not considered a commercial activity and City does not allow the planting of row crops3 innot be illuminated and not bigger than 6 square residential front yards and occupied lots. Citi-feet in area or 3 feet in height. zens can also file a private nuisance action Figure 2: Comparison of Building and Lot Standards for Urban Farms against offensive agricultural uses. Moreover, Site Development Standards both cities require project proponents to get special permits. For example, urban farms in Se- Jurisdiction Lot and Building Requirements Special Setback Requirements Signage Parking attle’s residential areas require a conditional use permit, which is granted administratively. Applicants are required to provide a manage- Cincinnati Zoning District Yes 1 per site ment plan that addresses and mitigates all site Milwaukee Zoning District No impacts including: frequency and duration of Portland Zoning District No Varies farm activities, chemical and pesticides use, Kansas City Zoning District Yes Yes storm runoff, traffic, odors, among others. 12/15 Height Seattle 1,000’building maximum Yes Yes No Sources: Codes of Ordinances for the cities of Cincinnati, Kansas City, Portland, and Seattle Municipal Code recent years, most of the Orange County Planning Division 7
  8. 8. COMMUNITY GARDENS as “an area of land managed and maintained by a A community garden, is a tract of land that has been community or subdivision to grow and harvest food divided into smaller plots. A community garden is not a crops and non-food, ornamental crops, such as residential accessory garden, but the principal use in the flowers” (Section 34-2, Lee County Land Development property. The land where the garden is located is usually Code). The garden can be divided into separate plots, owned by a municipality, an institution, a community be farmed collectively by a group, and may include group, a land trust or private property owners. Individuals common areas for members use. sign up to farm the small lots. The produce grown in the garden is used by the individual, sold for extra income, or Rather than being a profit venture, community gardens donated to charitable institutions. are used for personal and recreational use. St. Petersburg stresses that community garden’s produce The Orange Board of County Commissioners adopted a is only for the consumption of friends/relatives of the Community Gardening Program on February 2, 2010. A group or for donation to non-profit organizations. groundbreaking ceremony for the County’s first community Surplus products can only be sold off-premises. garden was held on August 17, 2010. This garden is located Cincinnati expressly forbids on-site sales. Kansas City in the Pine Hills Community Center and was funded by permits on-site sales, but these are restricted to vacant Neighborhood Service’s RENEW program. Orange County’s properties within a non-residential zoning district. Community Gardens have started program allows community gardens at community centers Minneapolis also allows retail sales, but restricts themto sprout across Central Florida and/or parks. This approach is similar to other community as a temporary use.communities including Parramore(top pictures) and Pine Hills garden programs nationwide, like the P-Patch Community Gardening Program in Seattle. Due to the increasing Figure 4 shows several jurisdictions that allow demand for community gardens, some jurisdictions have community gardens. Lee County is the most restrictive opted to create zoning ordinances to specify were these jurisdiction, allowing community gardens only in areas gardens are allowed and regulate their operation. with single family housing, multi-family housing, and planned development zoning districts. The rest of the Definition and Permitted Zoning Districts municipalities allow community gardens in all zoning Several Florida jurisdictions have written ordinances to districts with the exception of Seattle, which restricts it allow community gardens, including Lee County and St. as a conditional use in industrial zoning districts. Petersburg. Lee County, which adopted its community garden ordinance in June 2010, defines community garden Orange County Planning Division 8
  9. 9. Building and Zoning Standards requirements for structures and refuse storage, St. Petersburg requires all accessory structures and Most of the jurisdictions require that all which vary if the garden is located on a corner lot. signs to comply with building and lot requirements structures in community gardens comply with the Farms can also have one non-illuminated sign not set by the zoning districts. The City’s ordinance also lot and building requirements of the zoning exceeding four square feet in total area and a has specific setback requirements. Plantings have to district. Cincinnati recently updated Section 149- height of six feet from the ground. The ordinance be at least five feet from the side and rear property 41 of its Zoning Code, which governs the does not detail specific parking requirements for lines and ten feet from the front or street side establishment of community gardens across the community gardens. property lines. All gardens require permits, and the city. zoning official may add further restrictions to the Minneapolis requires community gardens to use, depending on the characteristics of the site. Cincinnati recently updated Section 149-41 of its comply with the provisions of the zoning district Zoning Code, which governs the establishment of where they are located. The City allows one non- Lee County’s community garden ordinance permits community gardens across the city. The City illuminated sign that is limited to four square feet structures, like greenhouses, no greater than 15 feet imposes several restrictions on community in size. On-site parking is limited to no more than tall. The greenhouse’s square footage is excluded gardens, including allowing a maximum of two 2 vehicles, unless they are parked within an from the maximum building coverage. The ordinance structures onsite (except fences and walls). The enclosed structure. Overhead lighting is also sets a maximum site size of two acres. All square footage of all structures cannot exceed prohibited. structure setbacks are those set by the zoning 800 square feet, and the maximum height is 15 district. The ordinance includes a list of allowed feet. The City also imposes several setback accessory structures that includes fences, benches, picnic tables, garden art, and unpaved walkways. Figure 3: Comparison of Community Gardens in Urban Zoning Districts Community gardens are required to have a sign that includes the name of the garden and the principal Zoning District Categories operator’s name and contact information. The size Jurisdiction Single of the sign may not exceed 6 square feet in size and Multi Family Mixed Family Office Commercial Industrial Institutional Other be taller than 4 feet. Fences can be up to 6 feet in Residential Use Residential height. Finally, off-street parking is not required for Cincinnati P P P P N/A P P P gardens that are less than 20,000 square feet. Larger Minneapolis P P P P P N/A N/A P gardens require a low turnover parking area, which Lee County P P N N N N N N must be maintained as a grassy area or in a dust-free St. Petersburg P P P P P P P P manner. No handicapped parking spaces are Kansas City P P P P P N/A N/A P required. Seattle P P P CUSources: Codes of Ordinances for the cities of Cincinnati, Kansas City, Milwaukee, and Seattle Municipal CodeP=Permitted, CU=Conditional Use, N/A =Not applicable increased. In recent years, most of the incentives awarded were the Business Materials Orange County Planning Division 9
  10. 10. Kansas City and Seattle consider community by these ordinances are hours ofgardens in the same way they do urban operation, property maintenance, and Compostingagriculture. The building and lot standards are use of pesticides, fertilizer, and An important component of urban agriculture and com-the same discussed in the previous section. mechanical equipment. Cincinnati allows munity gardens is composting or the “process of convert- ing plant and animal was into useful soil additives” (UF-Community gardens in Kansas City can be operation until 10 p.m.. Also to avoid IFAS, 2010). Currently, the Orange County Zoning Codeconsidered as an accessory use, so group noise impacts, Cincinnati prohibits the categorizes composting with wood chipping and mulching as commercial activities. It is allowed in A-1 and A-2 onlymembers are allowed to reside on the same lot use of commercial or industrial farm as a special exception, and in all industrial zoning districts.where the garden is located. equipment. Lee County and St. The Zoning Code does not currently make distinctions for the scale of composting activity. Condition 96, which ap- Petersburg regulate the hours of use of plies to all of them, sets high standards for setbacks mechanical equipment or prohibit the against residential areas, provides for landscaping provi-Several of these ordinances include sions, and provides protections against particulates.supplementary standards for community use of gas powered equipment over 10 horsepower. All tools and supplies are Several of the studied jurisdictions allow composting as angardens. Three ordinances stand out for their accessory use for community gardens. Minneapolis pro-comprehensiveness: Cincinnati, Lee County, required to be stored in an accessory This is vides compost at a reduced rate to the community gar- structure (locked if it contains pesticides where dens directly through the city’s Solid Waste and Recyclingand St. Petersburg. Among the items regulated Community Garden Compost Program. Other ordinances deal with it more directly. Cincinnati allows compost generated from onsite materials. The composting areaFigure 4: Comparison of Building and Lot Standards for Community Gardens needs to be enclosed to prevent water runoff from flowing Site Development Standards into adjacent properties or the public right-of-way and to Jurisdiction protect neighboring properties from odors and pests. They Lot and Building Requirements Special Setback Provisions Signage Parking also have to be set back from property lines. Furthermore, Cincinnati the composting area is limited to 200 square feet of the Max. floor area: 800 Structures lot line setbacks: Yes N/A site. St. Petersburg requires compost areas to be stored to Max. height 15 ft Front-10’ Min Rear-3’Min/25 Max the rear of center of the property, kept in an orderly fash- Side-3’Min Corner- 10’Min ion, and not produce any visual blight or odors. Zoning District NoMinneapolis Yes 2 and fertilizers) or removed from the property Zoning District Max Size: 2 acres No daily. Both St. Petersburg and Lee County require Max Height: 15 feet administrative approval of the community garden. Lee County Max floor area: 5,000” Yes Varies Plantings property line setbacks: In Lee County, the application needs to include a site Zoning District Side/Rear-5’ plan, a notarized permission letter from the propertySt. Petersburg Min Front/Street side-10’ Min Yes N/A Zoning District Crop areas property line setbacks: owner, and letters of no objection from adjacent This is Kansas City Max Height: 12’ 3’ Min Yes No where the property owners. St. Petersburg requires community For attached green houses and so- garden permits to be renewed annually. Max floor area 1,000 sq ft. lariums only, and the require- Seattle Max. Height 12’ ments vary. Yes NoSources: Codes of Ordinances for Cincinnati, Kansas City, Minneapolis, and St. Petersburg, Lee County, and the Seattle Municipal Code. Orange County Planning Division 10
  11. 11. FARMERS’ MARKETS for an interim zoning district to allow 38-77 Orange County Code). The code has aBesides production, food access is another farmers’ markets in the City (Groc, 2008). similar use, which is an open air market.important part of the food systems. The Local farmers’ markets can help boost local Condition 110 of the Zoning Code explains thanpopularity of farmers’ markets has continued agriculture efforts, ethnic food production an open air market, including a flea market,to increase nationwide, as people seek fresh, and distribution, and local entrepreneurship “means multiple vendors and/or businesseslocally produced food. According to the by reducing overhead costs. For example, operating simultaneously who are exclusively orUnited States Department of Agriculture, some restaurants have started serving their privately engaged in wholesale and/or retailthere are 6,132 farmers’ markets nationwide. food at the local farmer’s market before sales where the operation is conductedThis represents an over 300 percent increase moving to a permanent location. outdoors, where merchandise may be displayedin 15 years (Figure 7). Furthermore, these markets could serve as a on temporary facilities and it is a separate use source of fresh food in communities that do from other operations” (section 38-79, OrangeSometimes farmers’ markets have problems not have direct access to supermarkets. County Code). This use is allowed only by specialobtaining permits they need to operate. For exception in commercial and industrial districtsexample, in Portland, up to 20 entities are Definitions with conditions. While these uses are similar,involved in the market permitting process. there should be an individual definition for Currently, the Orange County Zoning CodeThe Crescent City Farmers’ Market in New farmers’ markets in the Orange County Zoning does not have a farmers’ market useOrleans had to ask the Planning Commission Code. However, this is not unique to our code. classification in its Zoning Use Table (section Several of the cities studied for this report, including Cincinnati, Portland, Kansas City and Figure 5: Seattle, do not define farmers’ market in their shows the zoning codes, despite having them located Increase in within their jurisdictions. the number of farmer’s markets The City of Gainesville defines farmers’ markets operating as a membership group of farmers engaged in nationwide from 1994 the sale of food and agricultural products that to 2010. are primarily local in origin, and crafts made from materials gathered from a farm as part of production incidental to the sale of food and Orange County Planning Division 11
  12. 12. agricultural goods. Sales at farmer’s markets Permitted Zoning Districts (20,000) square feet. No temporary marketsare intermittent during a limited during a Of all the cities described in the previous are allowed in the I-3 zoning time period but the market itself is sections of this analysis, only the City of Moreover, most cities tend to hold theirpermanently located on public property or Minneapolis has a comprehensive overview farmers markets in specific public locations,right-of-way or on private property (Section of farmers’ markets (Figure 8). The City rather than allowing them across the city.30-23, Gainesville Code of Ordinances). In considers farmers’ markets as a commercial However, staff was able to find other citiesLittle Elm Texas, in the Dallas-Forworth use and allows it in two of its Office that allow farmers markets at across theirmetropolitan area, farmers’ market means an Residence (OR1 and OR2) and Industrial (I1 jurisdictional boundaries. The City ofarea containing individual vendors who offer and I2) zoning districts. Farmers’ markets are Gainesville does not have specific zoningfruits, vegetables, herbs, spices, edible seeds, also a permitted use in all the city’s districts where farmers markets are allowed.nuts, live plants, flowers and honey for sale. Commercial and Downtown Zoning districts. The City Ordinance permits the city managerThis definition does include the sale of meat, Farmers’ markets are also allowed as a or his or her designee to authorize thefish, poultry, eggs, refrigerated dairy temporary use for 75 days of the calendar operation of a farmers’ market on public orproducts, or home-canned or packaged year. In the residential and OR1 districts, private property. The permit is revocable anditems, when the proper health rules and temporary farmers’ markets are to be located only for a year. The applicant would beregulations are followed and/or health on institutional or public sites or on zoning allowed to have a farmers’ market only twopermit obtained (Section 106-33.5(1), Little lots of not less than twenty thousand days of the week. The City of Little Elm, inElm Code of Ordinances). Minneapolisdefines a farmers’ market as a publicly or Figure 6: Comparison of Farmers’ Markets by Zoning Districtsprivately operated, open-air establishmentwhere primarily agricultural products such as Zoning District Categoriesraw vegetables, fruits, syrups, herbs, flowers,plants, nuts or handcrafted items are sold. Single Mixed Family Resi- Multi Family Office Commercial Industrial Institutional Use OtherNon-agricultural products can be sold, but dential Residential Jurisdictionthe area dedicated to such products cannot Gainesville CU CU CU CU CU CU CU CUoccupy more than 25 percent of the total Little Elm N N N CU CU CU N Nsales area (Section 520.160, Minneapolis Minneapolis N N P P P N P n/aCode of Ordinances). Madison CU CU P P P N N n/a Sources: Codes of Ordinances for the cities of Gainesville, Little Elm, Minneapolis, and Madison P=Permitted, CU=Conditional Use, N/A =Not applicable increased. In recent years, most of the incentives awarded were the Business Materials Orange County Planning Division 12
  13. 13. the Dallas metropolitan area, also has a very to comply with several requirements. The displays, must be located a minimum of fivecomprehensive farmers’ market ordinance. vendor space needs to be 10 x 10 feet and feet from the curb to not obstruct pedestrianThe City allows farmers market with a can include electricity. Vending trucks can be passage on any sidewalk. They shall not bespecific use permit in the Light Commercial no larger than one ton (2,000 pounds). Each positioned within five feet of any crosswalk(LC) and Light Industrial (LI-1 and LI-2) zoning vendor needs to have a sign identifying its or fire hydrant or block ingress or egress fromdistricts and on specifically designated parks business, but the ordinance does not provide any building entrance or emergency exit.within the city limits. Finally, the City of size standards. Vendors are treated very They shall be a minimum of 25 feet from anyMadison (Wisconsin) also uses the similar to peddlers. Vendors are required to intersection. Tents require an annual permitconditional use permit process to limit be licensed (30 days permit), comply with the and when located on public property theyfarmers’ markets. Applicants need this type town’s health code, and have access to a must be taken down each night. Finally, signsof permit when they apply for R-1 (single permanent toilet facility. In addition to these need to meet the special events regulationsfamily residential district), R4L (limited requirements, the ordinance also restricts the and each individual tent can have itsgeneral residence district), R4A (limited types of products and goods sold at the temporary banners. In addition to this, theresidential district), and R1-R (rustic market. Goods and products must be locally farmers’ market needs to comply with theresidence district) zoning districts. In these grown or locally produced. Crafts and city’s noise ordinance.zoning districts, farmers’ markets are only personal care items are allowed with aallowed in the parking lots of non-residential permit, but may not constitute more than 20 The City of Minneapolis also requires theuses. The city allows farmers’ markets as a percent of the occupied vendor spaces. submittal of a site plan. Canopies need to bepermitted use on two of its office zoning fastened so as to stay in place duringdistricts (O-3 and O-4), the general The City of Gainesville requires a site plan inclement weather. Canopies for temporarycommercial zoning district (C-2), and the that shows the location of any tents in farmer’s markets shall be removed duringlimited manufacturing zoning district (M-1). relation to rights-of-way, sidewalks, days that the market is not open to the businesses, entryways to businesses, and any public. Notwithstanding the signBuilding and Zoning Standards other features that affect accessibility to the requirements for each zoning district, theThe City of Little Elm, Texas does not provide site. The plan needs to show any tables, markets are allowed one square foot ofany specific lot size requirements for farmers’ display areas, or other equipment that will signage per one (1) foot of street frontage ofmarkets. Dumpsters need to follow town not be under tents. Tents and other the zoning lot. One freestanding sign isregulations. The market can operate daily structures or objects associated with the permitted per zoning lot. The maximum sizeyear round and needs to have a market farmers’ market, such as chairs, tables, or for freestanding signs is 54 square feet inmanager. However, individual vendors need Orange County Planning Division 13
  14. 14. area and 14 feet in height. All other signs shall Agricultural Uses in Rural Settlementsnot exceed 45 square feet in area and 14 feetin height. Signs for temporary farmers’ One special case for food uses is the County’s Rural Settlements. As mentioned in the beginning of this docu- ment, the Planning Division has recently received applications from residents to allow some agricultural usesmarkets can’t be installed permanently on the on their properties. The Orange County Zoning Code allows agricultural uses in the following zoning districts:site. The minimum parking space requirement A-1 (Citrus Rural District), A-2 (Farmland Rural District), A-R (Agricultural-Residential District), R-CE (Country Estate District), R-CE-2 (Rural Residential District), and R-CE-5 (Rural Country Estate District). While these areis 1 space per 2,000 sq. ft. of sales area, except the predominant zoning districts in most Rural Settlements, staff found that there are more than 2,000 parcelswhere approved as a temporary use. The with single-family residential and residential urban zoning classifications. The owners of these parcels are un- able to have agricultural uses within their parcels, unless they “downzone” to an agricultural zoning district.maximum parking allowed is 1 space per 200sq. ft. of gross floor area, plus 1 space per 500 Single-Family Residential Number ofsquare feet of outdoor sales or display area. Zoning Districts Parcels 1 acre>The City of Madison, Wisconsin , regards R-1 (Single-Family Dwelling District) 41 41 R-1A (Single-Family Dwelling District) 1,597 80farmers’ markets as street vendors, and the R-1AA (Single-Family Dwelling District) 461 36ordinance provides specific definitions that R1-AAA (Residential Urban District) 4 0separate arts and crafts vendors from food R1-AAAA (Residential Urban District) 121 26 R-2 (Residential District) 178 13vendors. All food vendors are required to Total Parcels 2,402 196obtain a food and drink permit and a mobile Source: Orange County GIS, May 2010restaurant base license and operate from a The table above shows the predominant residential zoning districts in Rural Settlements. There are almostlicensed restaurant for food preparation, food 2,500 parcels with Single Family Dwelling (R-1, R-1A and R-1AA), Residential Urban District (R-1AAA and R-storage, and utensil cleaning activities. They 1AAAA), and Residential District (R-2) zoning designations. Only 8 percent of these parcels are at least one acre in size. Based on this search, the number of parcels impacted by any prospective change would be minimal.are licensed to sell only the personally- Therefore, Orange County may consider allowing selected agricultural uses on single family residential zoningprepared food items indicated on the face of Figure 3- Since the renewal of the Enterprise Zone program in 2005, the estimated incentives districts on some Rural Settlements. awarded to Orange County Enterprise Zones businesses significantly increased. In recentthe license from one assigned food vending years, most of the incentives awarded were the Business Materials Sales Tax Handcrafted goods are those goodsproduced and created entirely by an arts andcrafts vendor, with his or her own hands, from not seem to have any specific conditions for farmer’s markets, but they probably need toraw or basic materials changing these comply with the standards set by each zoning district.materials into a significantly different shape,design, form, or function (Section 9.13(6)(e)3 ,Madison Code of Ordinances) . The city does Orange County Planning Division 14
  15. 15. RECOMMENDATIONS and support food-related businesses in Orange food, ornamental crops, such as flowers, County. for the consumption of friends/relativesThe demand for urban agriculture projects, has of the group or for donation to non-increased nationwide in response to the recent Add and define the following food uses to the profit. Gardens may be divided separatefood recalls, the need to revitalize old areas, and Zoning Code: urban agriculture, community garden, plots for individual cultivation, and maypeople’s desire to be more connected with the and farmers’ market. Urban agriculture could be include common areas maintained byfood production process. Zoning regulations, defined as the raising of plants or their products for the groupwhich are based on the strict separation of uses, sale including, but not limited to, floriculture, nurseryoften are an impediment to these goals. As crops, fruits, and vegetables in non agricultural land. Farmers’ markets could be defined as anreported here though, several jurisdictions have This definition excludes citrus trees grown outside of a publicly or privately operated, open-air 4begun to temper some of their regulations to nurseries and food processing activities. area containing individual vendors whodefine food uses and allow limited agricultural sell fruits, vegetables, herbs, spices,uses in urban and suburban areas. Based on the Community gardens could be defined as an area of edible seeds, nuts, live plants, flowerscurrent analysis, staff has the following land managed and maintained by a community or and honey. Non-agricultural productsrecommendations for changes to the Orange subdivision to grow and harvest food crops and non- can be sold, but the area dedicated toCounty Zoning Code to enhance food systems such products should not occupy more than 25 percent of the total designated sales area for the market.Figure 7: Recommended Permitted Uses Table for Food Uses Zoning Districts Explore allowing food uses in Uses Per Residential Non-Residential Neighborhood appropriate zoning districts as per Zoning Code Figure 7. R-1AAAA R-1AAA R-1AA R-1A R-1 R-2 R-3 C-1 C-2 C-3 NC NAC NR Agriculture would be and allowed use inUrban Agriculture properties with single family (R-1, R-1A, P* P* P* P* P* P* SP P P P P P R-1AA) and residential (R-1AAA, R-1AAA,Community Gardens P P P P P P P P P P P P P R-2) zoning designations that are locatedFarmers’ Market within a Rural Settlement, and at least 1 P P P P acre in size. Urban agricultureP=Permitted, SP=Special Exception * Only within Rural Settlements Orange County Planning Division 15
  16. 16. operations would be permitted as a special of unimproved parking. End notesexception on the C-1 (retail commercial) zoning 1. The ReNEW (Residents & Neighborhoodsdistrict. They will be a permitted use in the Finally, farmers’ markets should be allowed on vacant Empowered to Win) grant program is another commercial zoning districts (C-1 and C-2) initiative created by the Board of County land and the parking lots of properties zone C-2 and C Commissioners to revitalize and beautify Orangeand the neighborhood districts (NR, NC, and -3(where it will be considered a temporary use). County Neighborhoods. This program supportsNAC). Also, onsite sales would not be allowed in and assists citizens and organizations with their Moreover, farmers’ markets should be allowed in the efforts to improve the physical and socialany of the residential zoning districts and the Neighborhood Commercial and Neighborhood qualities of neighborhoods.Neighborhood Residential (NR) zoning district. Activity Center zoning districts to allow Holden 2. The home garden is defined as one that isThe Zoning Manager would decide how to treat Heights’ residents better access to fresh food. maintained by one or more individuals whozoning and land use inconsistencies just like he reside in a dwelling unit located on the subject Applicants would be required to submit a site plan property. The community garden is an area ofdoes now. showing the location of vendors and parking spaces. land managed and maintained by a group of individuals to grow food. Finally, a CSA differs Individual vendors should be issued a peddler’s from a community garden, in that products areStaff recommends that community gardens be license, and must comply with Department of Health harvested for shareholder consumption.allowed in the residential, commercial, and requirements. 3. Row crops, which include grain, fruit, andneighborhood zoning districts specified on vegetable plants grown in rows. These are not permitted on the front yard of residential andFigure 7. A community garden must not be occupied properties, except those zoned Rurallarger than 1 acre in size. It is also Single-Family (R-80) (Section 88-312-02A, Kansas City Zoning Code).recommended that zoning staff require a siteplan for the community garden and create an 4. Unattended citrus groves in urban areas have been pointed as sources for the spread of cankerordinance that addresses hours of operation, and other citrus diseases.parking, noise, and chemical use, similar to theordinances described in this report. In addition,composting should be allowed in associationwith community gardens, as long as it is donewithin closed containers, from waste generatedon site, and is sited at least 20 feet from sideand rear property lines. The community gardensshould also provide a minimum of two spaces Orange County Planning Division 16
  17. 17. References University of Florida Institute of Food and Agricultural City of Milwaukee Zoning Code. (Winsconsin). Sciences., N. C, . City Folk getting taste for farming. Retrieved on August 2, 2010 from , retrieved on August 17, 2011 from czo/Minneapolis Code of Ordinances. (Minnesota). The Diggable City: Making Urban Agriculture a Retrieved on August 2, 2010 from Planning Priority. (2005). Portland State Universityjun/24/city-folk-get-taste-rural/ Todd Heisler. Denniston Wilks farms in East New York,Cincinnati Code of Ordinances. (Ohio). Chapter 14. Orlando Farmers’ Market Photo. Retrieved on August Brooklyn. Originally published on the New York TimesRetrieved on August 2, 2010 from 17,2011 from Online. Retrieved on December 13, 2010 IR7sRvHFNAiPLni0sOZewg?select=lEfRsZh- 1GsltEXUl0DbHwGainesville Code of Ordinances.(Florida). Chapter30. Retrieved on August 2, 2010 from Orange County Code of Ordinances. (Florida). 38. Retrieved on May 6, 2010 from www.municode.comGroc, Isabelle. 2008. “Growers’ Gamble.” Planning,March. Orange County Planning Division. Rezoning Recommendation Report Book [electronic copy]. February, 2008Groves, Martha. Pocket farm could end up dying onthe vine. Los Angeles Times. Originally published onJuly 31, 2009. Retrieved on September 28, 2010 Orange County Planning Division. Rezoningfrom Recommendation Report Book [electronic copy].me-pocket-farm31/2 September 2009Kansas City Code of Ordinances. (Missouri). Portland Planning and Zoning (Zoning Code). (Oregon).Chapter 80. Retrieved on August 2, 2010 from Retrieved on May 6, 2010 from http:// County Land Development Code. (Florida). Seattle Municipal Code. (Washington). Chapter23.Chapter 34. Retrieved on August 2, 2010 from Retrieved on August 2, 2010 from Saint Petersburg Code of Ordinances. (Florida).Little Elm Code of Ordinances. (Texas). Chapter Chapter 16. Retrieved on August 2, 2010 from106. Retrieved on August 2, 2010 United States Department of Labor OccupationalMadison Code of Ordinances (Winsconsin). Safety & Health Administration. Statistics and Data.Chapters 9 and 28. Retrieved on August 2, 2010 Data Retrieved on May 27, 2010 from http://from Orange County Planning Division 17