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5 BFUG Conference - Land Use
1. Urban Food, Farm & Agriculture
Law Practicum
Conventional and Innovative Land
Use Arrangements
Libby Busdicker
2. 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
3. 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
4. Urban Food, Farm & Agriculture
Law Practicum
New York City, 1916
Use District Map
New York Public Library
5. 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
6. 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.
7. 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
8. 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
9. 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
10. 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
11. 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
12. 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.”
13. 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
Editor's Notes
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.
