Commercial Sales of Food Produced On Site in Urban and Suburban Areas
Hannah Garfinkel (author), Joseph Coffey, Jonathan Rosenbloom, Sara Bronin, Claire Child, Lihlani Nelson, & Laurie Beyranevand (editors)INTRODUCTION
Allowing the sale of agricultural products from urban and suburban farms can help diversify local market opportunities, help increase access to fresh food for more people, incentivize more urban and suburban farmers, and provide farmers with a supplemental income.[1] Municipalities across the country address the sale of food produced on site from urban and suburban agriculture in several ways. Local governments can address the on-site sale of agricultural products in their zoning districts where commercial sales are typically not permitted.[2] Localities doing so may permit the sale of food, limiting it to food grown in a certain area (such as food grown on site), and often place various restrictions.[3] These restrictions can depend on a variety of factors such as the desire for urban or suburban agriculture and environment of the area. Local governments may look to further limit the sale of food based on time of day, type of zone, permit requirements, and season.[4] Municipalities also differ in how they categorize the sale of food produced in urban and suburban areas within their respective zoning codes. Some local governments focus on Temporary Farm Stands, Community Gardens on Private Property as a By-Right or Permitted Use, Farmers Markets in a Variety of Districts, and others. The ordinances in this brief differ slightly in that they focus less on the structure in which the food is sold and more on the fact that the selling of food is permitted in a wide variety of districts.
EFFECTS
Allowing the sale of food produced on urban and suburban farms can have many benefits. First, it permits urban and suburban residents to be compensated for their labor in producing agricultural products.[5] This financial compensation can help incentivize residents to continue participating in urban and suburban agriculture. Increasing urban and suburban agriculture can help increase access to locally grown food, which can lead to healthier communities[6] and create expansive benefits for communities in terms of nutrition and food security.[7]
Second and relatedly, “practical experience with [growing] . . . food– growing, harvesting, identifying varieties in stores and farm stands, understanding seasonality, cooking, and preserving” can improve dietary habits and knowledge.[8] Increasing the availability of fresh and local food in urban communities has been shown to increase the amount of fruits and vegetables that people eat.[9] Further, supporting local urban and suburban food systems can provide “a relatively secure and more locally controlled source of food.”[10] Strengthening local food systems can help build resilience and ensure that local urban residents will continue to have access to fresh, local, and healthy food.
Third, this practice diversifies the market by allowing urban and suburban residents to compete in an agricultural market that is normally only accessible in rural areas.[11] Selling food produced on site also introduces farmers to the market and allows them to start small and gain clients, build a business and create a brand.[12] Fourth, the ability to sell goods on site may lessen the financial obstacles for entering farmers by reducing costs associated with transport and off-site storage.[13]
Finally, local governments may be able to maximize the benefits of a mixed-use zone when permitting the sale of food produced through urban and suburban agriculture when situated in the correct district (for a specific discussion of and ordinances covering mixed use see our brief Mixed-Use Zoning).[14] Mixed-use zoning can be an effective way to encourage smart growth while preserving green spaces and natural resources and promote sustainable economic activity.[15]
EXAMPLES
Hartford, CT
Hartford permits the sale of food produced via urban agriculture, differentiating between an urban farm and a community garden.[16] An urban farm is defined as a “ground or roof-level agricultural operation of any size . . . which is used for urban agriculture for commercial purposes, whether for profit or nonprofit, with a single entity serving as the primary operator.”[17] Urban farms have the same requirements for food production as community gardens.[18] In addition, urban farms may have one farm stand selling agricultural products which must be attended at all times during hours of operation.[19]
A community garden is defined as “a space used to grow plants for personal use, education, recreation, community distribution, or beautification by members of the neighboring community.”[20] There are eight requirements for food production in community gardens; these requirements include access to water, soil testing, and informational signs.[21] Community gardens are permitted to have one temporary farm stand for the purpose of selling agricultural products.[22] An individual can sell products at a farm stand on many non-consecutive days, but for “no more than 2 consecutive days on 2 different occasions during a calendar year.”[23] A farm stand must be attended at all hours of operation.[24] The Hartford code also differentiates the sale of eggs and honey. Eggs are only permitted to be sold at farm stands on urban farms which operate a henhouse.[25] Lots with henhouses that are not on urban farms cannot sell eggs.[26] Similarly, honey can only be sold on urban farms which contain the honeybee colony.[27]
To view the provision see Hartford, CT, Zoning Regulations § 3.3.3F (2016).
Seattle, WA
The Seattle Zoning Code contains an Urban Farm section which encompasses the sale of farm products; an urban farms is defined as “a use in which plants are grown . . . for sale of the plants or their products . . . and in which the plants or their products are sold at the lot where they are grown, off site, or both, and in which no other items are sold.”[28] Seattle restricts the time during which agricultural products can be sold to between 7:00 a.m. and 7:00 p.m.[29] Seattle further limits on-site commercial pick-up and deliveries but clarifies that the sale of agricultural products are not pick-ups.[30]
If an urban farm is in a residential zone, it must obtain a conditional use permit.[31] The city official that reviews the conditional use permit application has the discretion to approve, condition, or deny the permit.[32] The decision should be based on the criteria set forth in §23.42.051(B).[33] The urban farm management plan must “address any probable impacts,” such as the use of machinery, agricultural chemicals or pesticides, major land-disturbing activity, or sediment and erosion control plans.[34]
To view the provision see Seattle, WA, Zoning Regulations § 23.42.051 (2020).
Philadelphia, PA
Philadelphia’s Zoning Code differentiates between community gardens and markets or community-supported farms.[35] Community gardens are defined as areas “managed and maintained by a group of individuals to grow and harvest food crops or non-food crops (e.g., flowers) for personal or group consumption, for donation, or for sale that is incidental in nature.”[36] Community gardens can be farmed collectively by multiple members or divided into separate plots.[37] Philadelphia further encourages urban agriculture by allowing community gardens on the roofs of buildings.[38]
Market or community-supported farms are defined as areas “managed and maintained by an individual or group of individuals to grow and harvest food crops or non-food crops (e.g., flowers) for sale or distribution that is not incidental in nature.”[39] Both subcategories are permitted in every zone except for three residential zones, which require a special permit.[40]
To view the provisions see Philadelphia, PA, Zoning Regulations § 14-601(11)(b) (2012).
ADDITIONAL EXAMPLES
Atlanta, GA, Zoning Regulations §16-29.001(83) (2018) (permitting on-site sales from Market Gardens between the hours of 7:00 a.m. and 9:00 p.m.).
Baltimore, MD, Zoning Regulations § 14-339 (2017) (permitting farm stands for the on-site sale of agricultural products).
Cleveland, OH, Zoning Regulations § 336.03 (2018) (establishing an Urban Garden District which permits community gardens to sell agricultural products on site occasionally, and Market Gardens to sell agricultural products on site at any time).
Boston, MA, Zoning Regulations § 89-12 (Jan. 24, 2020) (permitting the sale of horticultural and agricultural products where urban farms are allowed provided that one stand does not exceed 200 square feet in total floor area).
ADDITIONAL RESOURCES
Mindy Goldstein, Urban Agriculture: A Sixteen City Survey of Urban Agriculture Practices Across the Country, Turner Envtl. L. Clinic (2011), https://perma.cc/U73Z-SE7M.
Allison Hagey et. al., Growing Urban Agriculture: Equitable Strategies and Policies for Improving Access to Healthy Food and Revitalizing Communities, PolicyLink (2012), https://perma.cc/V846-P4F2.
Anne Bellows et. al., Health Benefits of Urban Agriculture, Community Food Security Coalition, https://perma.cc/S9QG-LERL.
Zoning for Urban Agriculture, Healthy Food Policy Project, https://perma.cc/3RAS-7HMN (last visited July 18, 2020) (discussing on-site sale of produce).
CITATIONS
[1] See generally Anne Bellows et. al., Health Benefits of Urban Agriculture, Community Food Security Coalition, https://perma.cc/S9QG-LERL (last accessed June 18, 2020).
[2] See generally Zoning for Urban Agriculture: A Guide for Updating your City’s Laws to Support Healthy Food Production and Access, Healthy Food Policy Project, https://perma.cc/BX9U-K4PF (last visited June 19, 2020).
[3] Id.
[4] See id.
[5] See Allison Hagey et. al., Growing Urban Agriculture: Equitable Strategies and Policies for
Improving Access to Healthy Food and Revitalizing Communities, at 31, PolicyLink (2012), https://perma.cc/V846-P4F2.
[6] See id.
[7] Bellows, supra note 1 at I (discussing community health, nutrition, and food security).
[8] Id.
[9] Id. at 4.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] See generally Metropolitan Area Planning Council, Mixed Use Zoning: A Planner’s Guide, 1, 1-2, https://perma.cc/A2EX-EU42 (last visited June 19, 2020).
[15] See id.
[16] See Hartford, CT, Zoning Regulations § 3.3.3(A), (F) (Jan. 19, 2016), https://perma.cc/VE7U-TVYV.
[17] Id. at § 3.3.3(F).
[18] Id. at § 3.3.3(F)(1).
[19] Id. at § 3.3.3(F)(5).
[20] Id. at § 3.3.3(A).
[21] Id. at § 3.3.3(A)(1)(a)-(h).
[22] Id. at § 3.3.3(A)(4).
[23] Id.
[24] Id.
[25] Id. at § 4.20.5(C)(11).
[26] Id.
[27] Id. at § 3.3.3(B)(5).
[28] Seattle, WA, Zoning Regulations § 23.84A.002 – “A” (June 16, 2020), https://perma.cc/8DFS-3V58 (defining urban farms).
[29] Id. at § 23.42.051(A)(2).
[30] Id. at § 23.42.051(A)(3).
[31] Id. at § 23.42.051(B).
[32] Id.
[33] Id.
[34] Id. at § 23.42.051(B)(1).
[35] See generally Philadelphia, PA, Zoning Regulations § 14-601(11)(b), (c) (2012), https://perma.cc/876X-9CE3.
[36] Id. at § 14-601(11)(b).
[37] Id.
[38] Id.
[39] Id. at § 14-601(11)(c).
[40] Id.