Rural Economic ZoningRhode Island Department of Environmental ManagementHorsley Witten GroupDodson & Flinker              ...
Greenvale Vineyard  Portsmouth, RI              Horsley Witten Group, Inc.
The Christmas House     Exeter, RI              Horsley Witten Group, Inc.
The questions we asked in this project:If agriculture really is “a business”, do we regulate itlike any other business?Wha...
Assumptions and Findings:The changing economy of farming and forestry requires towns tochange the way they regulate these ...
Goals:•   Help towns provide economic incentives for large    landowners to preserve their land in agriculture or forestry...
Approach:• IDENTIFY BUSINESS USES that will help maintain viability of farms and forest lands.• DEVELOP PERFORMANCE STANDA...
New uses in an old landscape:potential business uses in residential zones                                      Horsley Wit...
Potential uses to allow in associationwith farm operations                                         Horsley Witten Group, I...
Customary accessory agricultural uses                    •   Raising of crops                    •   Raising of animals   ...
Farm-based Retail Sales                   • Roadside Stand                   • Sale of compost/manure/mulch               ...
Ag-tivities              • Pick-your-own              • Farm Winery/Brewery/Distillery              • Competitive Equine E...
Agriculture-related Educational Activities                    • Agri-tourism                    • Farm Demonstration Cente...
Farm-based service business                 •   Farm Conference Center                 •   Riding Academy/Tack Shop       ...
Farm-based Recreational Activities                   •   Passive Recreation                   •   Fee-based Bird-         ...
Farm building re-use                   • Accessory Dwelling, such as                     farm-hand housing                ...
Farm-based light manufacturing                    • Crafts/Cabinetry                    • Tools                    • Cloth...
Potential uses to allow in association with forestlot residences                                       Horsley Witten Grou...
Customary, Incidental and Accessory Uses                    • Cutting/Buying/Selling of Wood                    • Wood Pro...
Neighborhood Service                   • Day Care                   • Bed and Breakfast                   • Forest-base se...
Forest-Related Educational Activities                     • Forest Nature Center                     • Museums            ...
Forest-Based Recreational Activities                     • Passive Recreation                     • Fee-based bird        ...
Forest-based light manufacturing                    • Crafts/Cabinetry                    • Tools                    • Clo...
Professional Office/Services                     • Physician                     • Dentist                     • Psychiatr...
Small Business                 •   Barber                 •   Beautician                 •   Shoe/Watch/Clock repair      ...
Potential Impacts               NOISE              TRAFFIC               TRASH               GLARE             AESTHETICS ...
Performance Standards     MINIMUM LOT SIZE AND SETBACKS            LOCATION OF USE      PARKING (VOLUME AND DESIGN)       ...
Performance Standards        LANDSCAPING/ SCREENING          NUISANCE STANDARDS     OTHER AESTHETIC CONSIDERATIONS        ...
Bringing it Together: The Farm andForest Lot Small Business RegulatoryGuidanceA Performance-Based approach:•How things sho...
Four Basic Steps of Regulatory Review:1. ELIGIBILITY:   Is the property owner eligible to participate in small   business ...
Eligibility: Definition of “Farm orForest Lots”Farm Lot – Land that has the following elements:At least [five (5) acres] o...
Allowed Uses   LIST FROM “A TO Z” (26 USES IDENTIFIED)             From Home Occupation            To Festivals and Weddin...
Classification: Class I-IV1. Broken out from lowest to highest impact.2. Parking needs, occupancy, food service, and other...
Performance Standards        FOUR SETS OF STANDARDS         From Lowest Impact (Class I)         To Highest Impact (Class ...
How would a farm stand be regulated            under thisperformance-based approach?                               Horsley...
Scenario #1: Joe Gardner’s Surplus                Is the use allowable?                    •   Yes, as “on-site retail.”  ...
Scenario #1: Joe Gardner’s Surplus                Therefore it’s a Class II Use:                •   Allowed by right      ...
Scenario #2: Suzy Grower’s Vegetables                 Is the use allowable?                     •   Yes, as “on-site retai...
Scenario #2: Suzy Grower’s Vegetables                Therefore it’s a Class III use, subject to                Class III p...
Scenario #2: Janet Farmer’s Farm Stand/Café                    Is the use allowable?                        •   Yes, as “o...
Scenario #2: Janet Farmer’s Farm Stand/Café                   Therefore it’s a Class IV use, subject to                   ...
The Farm and Forest LotSmall Business Regulatory GuidancePOTENTIAL NEW DEFINITIONSPOTENTIAL REGULATORY LANGUAGEI.PurposesI...
Caution!THIS COULD REQUIRE EXTENSIVE PUBLICDISCUSSION AND VETTING.•Make sure you have consistency with local plans•Know th...
Caution!BE AWARE OF STATE LEGISLATION•Special provisions for agriculture•Definitions for specific usesBE AWARE OF YOUR OWN...
Project ContactsRIDEMScott MillarDivision of Planning andDevelopment235 Promenade StreetProvidence, RI 02908 401-222-4700 ...
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Rural Economic Zoning

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Rural Economic Zoning

  1. 1. Rural Economic ZoningRhode Island Department of Environmental ManagementHorsley Witten GroupDodson & Flinker Horsley Witten Group, Inc.American Farmland Trust
  2. 2. Greenvale Vineyard Portsmouth, RI Horsley Witten Group, Inc.
  3. 3. The Christmas House Exeter, RI Horsley Witten Group, Inc.
  4. 4. The questions we asked in this project:If agriculture really is “a business”, do we regulate itlike any other business?What are the trends in home-based business in ruralareas? What makes the rural setting different?If this situation is “different”, how might it beregulated? Horsley Witten Group, Inc.
  5. 5. Assumptions and Findings:The changing economy of farming and forestry requires towns tochange the way they regulate these activities.Decline of wholesale farming: dairy, potatoes, etc.Growth in smaller farms, value-added products, and on-site sales.Variability in timber prices; small annual returns.Increasing economic pressure on large land owners, but choiceslimited by zoning: usually residential development is the onlyoption.Allowing small business uses in residential zones can help farmersand foresters meet the demands of the marketplace and keeptheir land in profitable use. Horsley Witten Group, Inc.
  6. 6. Goals:• Help towns provide economic incentives for large landowners to preserve their land in agriculture or forestry.• Explore how towns can encourage such uses through changes in planning policy, zoning and other regulations. Horsley Witten Group, Inc.
  7. 7. Approach:• IDENTIFY BUSINESS USES that will help maintain viability of farms and forest lands.• DEVELOP PERFORMANCE STANDARDS that will allow such business use to coexist with neighboring homes and other uses.• CREATE REGULATORY GUIDANCE that communities can use to shape local ordinances. Horsley Witten Group, Inc.
  8. 8. New uses in an old landscape:potential business uses in residential zones Horsley Witten Group, Inc.
  9. 9. Potential uses to allow in associationwith farm operations Horsley Witten Group, Inc.
  10. 10. Customary accessory agricultural uses • Raising of crops • Raising of animals • Poultry farm • Nurseries • Landscaping business Horsley Witten Group, Inc.
  11. 11. Farm-based Retail Sales • Roadside Stand • Sale of compost/manure/mulch • Artisanal products/crafts • Sale of timber • Farm café/restaurant Horsley Witten Group, Inc.
  12. 12. Ag-tivities • Pick-your-own • Farm Winery/Brewery/Distillery • Competitive Equine Enterprise • On-farm processing • Seasonal Attractions (hay rides, festivals, fairs, etc.) • Special Events (concerts, weddings/receptions, etc.) Horsley Witten Group, Inc.
  13. 13. Agriculture-related Educational Activities • Agri-tourism • Farm Demonstration Center Horsley Witten Group, Inc.
  14. 14. Farm-based service business • Farm Conference Center • Riding Academy/Tack Shop • Machinery Repair/Mechanic Shop Horsley Witten Group, Inc.
  15. 15. Farm-based Recreational Activities • Passive Recreation • Fee-based Bird- Watching/Skiing/Snowshoeing • Hunting Horsley Witten Group, Inc.
  16. 16. Farm building re-use • Accessory Dwelling, such as farm-hand housing • Bed and Breakfast Horsley Witten Group, Inc.
  17. 17. Farm-based light manufacturing • Crafts/Cabinetry • Tools • Clothing Horsley Witten Group, Inc.
  18. 18. Potential uses to allow in association with forestlot residences Horsley Witten Group, Inc.
  19. 19. Customary, Incidental and Accessory Uses • Cutting/Buying/Selling of Wood • Wood Processing for mulch and other products • Flowers Horsley Witten Group, Inc.
  20. 20. Neighborhood Service • Day Care • Bed and Breakfast • Forest-base service business Horsley Witten Group, Inc.
  21. 21. Forest-Related Educational Activities • Forest Nature Center • Museums Horsley Witten Group, Inc.
  22. 22. Forest-Based Recreational Activities • Passive Recreation • Fee-based bird watching/skiing/snowshoeing • Nature Trails • Open Recreation Events, such as paint ball • Campground • Hunting and Fishing Horsley Witten Group, Inc.
  23. 23. Forest-based light manufacturing • Crafts/Cabinetry • Tools • Clothing • Specialty Foods Horsley Witten Group, Inc.
  24. 24. Professional Office/Services • Physician • Dentist • Psychiatrist • Engineer/Consultant • Architect • Accountant • Contractor (electrical, plumbing, carpentry, etc.) • Attorney • Word-Processing Horsley Witten Group, Inc.
  25. 25. Small Business • Barber • Beautician • Shoe/Watch/Clock repair • Tailor/Seamstress • Catering • Handcrafts • Artist • Teacher/Tutor • Author/Book Binder • Small Engine Repair • Weaving • Chair Caning/upholstery • Antique/Florist/Gift Shop • Ceramics/Pottery Horsley Witten Group, Inc.
  26. 26. Potential Impacts NOISE TRAFFIC TRASH GLARE AESTHETICS Horsley Witten Group, Inc.
  27. 27. Performance Standards MINIMUM LOT SIZE AND SETBACKS LOCATION OF USE PARKING (VOLUME AND DESIGN) SIGNAGE TEMPORARY STRUCTURES AND STORAGE Horsley Witten Group, Inc.
  28. 28. Performance Standards LANDSCAPING/ SCREENING NUISANCE STANDARDS OTHER AESTHETIC CONSIDERATIONS LICENSING REQUIREMENTS Horsley Witten Group, Inc.
  29. 29. Bringing it Together: The Farm andForest Lot Small Business RegulatoryGuidanceA Performance-Based approach:•How things should be developed, rather than what will bedeveloped.•How the use performs in the context of the neighborhood,rather than what the use is. Horsley Witten Group, Inc.
  30. 30. Four Basic Steps of Regulatory Review:1. ELIGIBILITY: Is the property owner eligible to participate in small business development?2. ALLOWED USE: Is the desired use allowed?3. CLASSIFICATION: What is the intensity of the proposed use?4. PERFORMANCE STANDARDS: What performance standards apply for the proposed use and intensity? Horsley Witten Group, Inc.
  31. 31. Eligibility: Definition of “Farm orForest Lots”Farm Lot – Land that has the following elements:At least [five (5) acres] of contiguous land dedicated to oravailable for agricultural production;One platted lot or more than one platted lot in a contiguousgroup;Forest Lot: Land that has the following elements:At least [ten (10) acres] of contiguous forest, meadow orother naturally functioning landscape;One platted lot or more than one platted lot in a contiguousgroup; Horsley Witten Group, Inc.
  32. 32. Allowed Uses LIST FROM “A TO Z” (26 USES IDENTIFIED) From Home Occupation To Festivals and Weddings Horsley Witten Group, Inc.
  33. 33. Classification: Class I-IV1. Broken out from lowest to highest impact.2. Parking needs, occupancy, food service, and other characteristics used to categorize.3. The classification dictates the permit process (e.g., Who reviews the activity and under which procedures?)4. Each classification has its own suite of performance standards. Horsley Witten Group, Inc.
  34. 34. Performance Standards FOUR SETS OF STANDARDS From Lowest Impact (Class I) To Highest Impact (Class IV) Horsley Witten Group, Inc.
  35. 35. How would a farm stand be regulated under thisperformance-based approach? Horsley Witten Group, Inc.
  36. 36. Scenario #1: Joe Gardner’s Surplus Is the use allowable? • Yes, as “on-site retail.” What is the classification of the use? • Use outside primary residence. • Use will generate income, but no labor of employees that do not live at the residence. Horsley Witten Group, Inc.
  37. 37. Scenario #1: Joe Gardner’s Surplus Therefore it’s a Class II Use: • Allowed by right • No permit review procedures But subject to Class II Performance Standards Horsley Witten Group, Inc.
  38. 38. Scenario #2: Suzy Grower’s Vegetables Is the use allowable? • Yes, as “on-site retail.” What is the classification of the use? • 400 square foot structure. • Use requires parking for 4-8 cars. Horsley Witten Group, Inc.
  39. 39. Scenario #2: Suzy Grower’s Vegetables Therefore it’s a Class III use, subject to Class III performance standards: • Signage. • Number of parking spaces with pervious surface. • Controls on noise and light levels. • Screening for storage and trash. • Licensing. Horsley Witten Group, Inc.
  40. 40. Scenario #2: Janet Farmer’s Farm Stand/Café Is the use allowable? • Yes, as “on-site retail” What is the classification of the use? • 800 square foot structure • Parking for 24 cars • Seasonal/full-time staff • Food service stand Horsley Witten Group, Inc.
  41. 41. Scenario #2: Janet Farmer’s Farm Stand/Café Therefore it’s a Class IV use, subject to Class IV performance standards: • Permanent signage (larger) • Temporary signage • Number of parking spaces with pervious surface (more) • Noise and glare • Screening for storage and trash • Fencing • Licensing Horsley Witten Group, Inc.
  42. 42. The Farm and Forest LotSmall Business Regulatory GuidancePOTENTIAL NEW DEFINITIONSPOTENTIAL REGULATORY LANGUAGEI.PurposesII.ProceduresIII.Uses AllowedIV.Classification of UsesV.Performance StandardsVI.Severability Horsley Witten Group, Inc.
  43. 43. Caution!THIS COULD REQUIRE EXTENSIVE PUBLICDISCUSSION AND VETTING.•Make sure you have consistency with local plans•Know the stories of other towns around you•Use the research from this report! Horsley Witten Group, Inc.
  44. 44. Caution!BE AWARE OF STATE LEGISLATION•Special provisions for agriculture•Definitions for specific usesBE AWARE OF YOUR OWN RULES•Signage•Lighting•Parking•Noise•Home Occupation•Bed and Breakfasts•Etc. Horsley Witten Group, Inc.
  45. 45. Project ContactsRIDEMScott MillarDivision of Planning andDevelopment235 Promenade StreetProvidence, RI 02908 401-222-4700 ext 4419HORSLEY WITTEN GROUP, INC. DODSON & FLINKERNathan Kelly, AICP Peter Flinker, AICP, ASLA, LEED-AP370 Ives Street Post Office Box 160Providence, RI 02906 463 Main Street401-272-1717 Ashfield, MA 01330 413-628-4496 Horsley Witten Group, Inc.

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