Chapter 6.2
Food Security and Sovereignty

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Equipment and Composting as Accessory and Temporary Uses

INTRODUCTION

Local governments can support urban and suburban agriculture by allowing various temporary and accessory uses that are essential to or supportive of urban and suburban agriculture. Many local codes intentionally restrict some of these important uses, while others unintentionally forbid them.[1] Such uses may include farm equipment and composting (for a discussion of other important complementary uses such as structures and fencing see our brief LINK).[2] By limiting the use of equipment and composting, the long-term viability and resilience of urban and suburban agriculture can suffer.[3]

Some local communities have supported urban and suburban agriculture by passing ordinances allowing farming equipment, composting, and related uses.[4] Codes regulating temporary and accessory uses often address equipment, composting, and other activities by redefining terms like “urban farm” and “market garden” to include a broad spectrum of agricultural activities and uses.[5] Some local governments allowing heavy farm equipment look more closely at how and when they may be used.[6] Regulations may also specify the times of day farm equipment may be operated, particularly in residential zones.[7] Local standards for composting may include lists of permitted and banned materials, as well as acceptable placement of compost on a lot.[8] Some composting requirements include storage of material in special containers that must be placed a minimum distance away from neighboring properties.[9]

EFFECTS

Without access to proper equipment, start-up costs can represent a substantial obstacle for urban and suburban farming.[10] For some large-scale projects, the use of tractors and other heavy equipment can save growers money by allowing them to prepare soil for planting quickly and efficiently.[11] Tractors significantly reduce the amount of manual labor needed to prepare soil for planting.[12] Furthermore, they can present a preferable alternative to small gas or electric powered rototillers.[13] This smaller equipment may be less efficient and can have negative impacts on the structure, quality, and biology of soil.[14] The farming industry recently began releasing electric powered tractors, which may further reduce concerns over both pollutants and noise levels within densely populated areas.[15] Ordinances permitting heavy and medium-sized equipment provide landowners with options to select the most cost-effective manner to farm their land. By reducing the financial barriers, these ordinances can help encourage urban and suburban agriculture.

Not only can local governments facilitate urban and suburban farming by allowing certain equipment, but local governments can also allow farmers to optimize soil fertility and maximize the resources available to them by allowing composting. Composting can enrich soil, retain moisture, and suppress plant diseases and pests.[16] Like the use of equipment and other important complementary farming uses, composting can also make farming more efficient.[17] Composting eliminates the need for imported soil as a result of ground contamination or a lack of quality soil on the site of an urban or suburban farm.[18] Composting can also reduce the need for chemical fertilizer and subsequent runoff into nearby rivers and streams (for our briefs pertaining to runoff see the Low Impact Development and Stormwater Management chapter and specifically Setbacks Protecting Sensitive Habitats and Water Quality).[19] Increasing composting may also help curb the creation of leachate at landfills, a toxic substance formed from the reaction of metals and organic waste that contributes to groundwater pollution.[20]

EXAMPLES

Minneapolis, MN

 Minneapolis permits and limits equipment and composting in various ways. First, Minneapolis allows “market gardens” as either a permitted or conditional use in all but its I1, I2, and I3 Industrial districts.[21] Market gardens are defined within the Code as “[A]n establishment where food or ornamental crops are grown on the ground, on a rooftop or inside a building, to be sold or donated.”[22] Minneapolis generally prohibits the use of heavy mechanized equipment in its OR1 district and all residential districts, but allows the use of such machinery during the initial preparation of market gardens between the hours of 7 a.m. and 7 p.m.[23] Up to two vehicles may be parked in the open on the site, but more may be parked in an enclosed building.[24]

“Urban farms” are a permitted use in the City’s I1 and I2 Industrial districts, and are a conditional use in the Commercial C4 district.[25] The Code defines an “urban farm” as “an establishment where food or ornamental crops are grown or processed to be sold or donated that includes, but is not limited to, outdoor growing operations, indoor growing operations, vertical farms, aquaponics, aquaculture, hydroponics and rooftop farms.”[26] There are no limitations on the use of farm equipment in the I2 Industrial district.[27] All equipment and supplies must be located in an enclosed structure or situated in such a manner that they remain unseen from the street or residential areas.[28]

Minneapolis also allows composting as an accessory use[29] in structurally sound containers sized according to the following: a maximum of 15 cubic yards for lots with residential structures, 25 cubic yards for lots less than 10,000 square feet without residential structures, and 120 cubic yards for lots over 10,000 square feet.[30] Compost containers may not be placed closer than “one foot from the rear property line,” and no closer than 20 feet from an adjacent habitable building located off the property.[31] The ordinance provides a list of acceptable and unacceptable materials for composting, and requires a balance between nitrogen-rich and carbon-rich materials to minimize odor and to ensure an efficient compost process.[32] Maintenance of the containers requires that the material within be layered, aerated, moistened, and turned to make certain that the decomposition is sanitary, safe, and secure.[33]

To view the provisions see Minneapolis, MN, Code of Ordinances §§ 244.770(b-g) (2020), 520.160, 536.20, 537.110, 546.30, 547.30, 548.30, 549.30, and 550.30.

Detroit, MI

Similar to Minneapolis, Detroit allows equipment and composting. “Urban farms” and “urban gardens” are allowed by-right or as a conditional use in all commercial, industrial, and residential districts in Detroit.[34] The City has no prohibitions on the use of farm machinery other than restricting its use in residential areas between the hours of 8 a.m. to 8 p.m.[35] Machinery must be stored within a structure or taken off site at the end of the day.[36]

Detroit also permits composting placed 5 feet from the rear crop setback line and at least 20 feet away from an adjacent residential structure.[37] Compost is defined as “relatively stable decomposed organic matter for use in agricultural and other growing practices, usually consisting of materials such as grass, leaves, yard waste, worms, and also including raw and uncooked kitchen food wastes, but specifically excluding bones, meat, fat, grease, oil, raw manure, and milk products.”[38]

To view the provisions see Detroit, MI, Code of Ordinances §§ 50-12-403 (2019), 50-12-407, 50-12-409, 50-15-153.

Chicago, IL

Chicago defines “compost” as the “humus-like product of the process of composting organic waste, which may be used as a soil conditioner.”[39] “Composting” is defined as “a controlled biological treatment process by which microorganisms or worms decompose the organic fraction of waste, producing compost.”[40] “Composting operation” is defined as “all composting activities conducted on a site, including all composting material, stored organic waste and end-product compost located on any site at any time.”[41] The City does not permit any composting “conducted in a manner which creates an odor, litter, dust, or nuisance, or attracts vectors or pests.”[42] The City imposes a set of additional requirements to ensure the compost does not rest on ponded surface water, is routinely mixed, and does not contain sewage.[43] Chicago requires all personal compost operations to be 10 cubic yards or smaller.[44] However, with permission from the City, the operations can range up to 25 cubic yards in size.[45]

To view the provisions see Chicago, IL, Municipal Code §§ 7-28-710(b) (2019), 7-28-715(2)(a), 7-28-715(2)(c), 7-28-715(2)(f).

ADDITIONAL EXAMPLES

San Francisco, CA, Planning Code § 102.35(a)(3) (2011) (allowing the use of farm machinery in neighborhoods for initial site development).

Boulder, CO, Municipal Code § 6-3-6 (2020) (allowing residents to maintain compost piles if they do not amount to a nuisance that attracts wildlife or pests).

Naperville, IL, Code of Ordinances § 4-3-3 (2020) (allowing compost bins up to one hundred cubic feet in size and a maximum height of four feet).