Chapter 3.1
Development Patterns and Infill

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

Farmers Markets in a Variety of Districts

INTRODUCTION

Farmers markets are public and recurring assemblies of farmers selling their produce directly to consumers.[1] These markets can be organized by local governments, nonprofits, or as a mutually benefitting relationship between the two.[2] To promote farmers markets and increase the supply of healthy, fresh food, several local governments permit farmers markets in various zoning districts. These ordinances typically include limits on transportation of produce,[3] days when markets are permitted,[4] products allowed to be sold,[5] and others.

In addition, and as illustrated in the examples below, some local governments permit farmers markets by-right or by special use permit. Farmers markets are permitted by-right in a variety of zoning districts, including commercial zones,[6] mixed-use zones,[7] and industrial zones.[8] Some local governments permit farmers markets to operate year-round,[9] while others allow them on a temporary seasonal basis.[10] In addition to fresh produce, some local governments permit the sale of crafts and baked goods.[11] Finally, some local governments allow live performances at farmers markets, which helps to encourage attendance.[12]

As discussed in more detail below, allowing farmers markets in certain zoning districts can result in considerable benefits. If ordinances were to explicitly permit farmers markets in certain zoning districts, it would enable those districts to reap the benefits of farmers markets and expedite the permitting process.[13] However, farmers markets can present challenges, such as an increase in pedestrian and vehicular traffic and noise levels.[14] These negatives may be abated by proper and targeted zoning requirements.[15]

EFFECTS

Permitting farmers markets in a variety of zoning districts can provide citizens with access to fresh produce and increase the health of the neighborhood.[16] Lower rates of body mass index (BMI) have been associated with living closer to farmers markets.[17] Some studies have also shown a negative correlation between proximity to farmers markets and diabetes.[18] Farmers markets not only provide healthy food, but they often do so at a competitive price compared to other retailers.[19]

Many farmers markets have begun accepting electronic payment methods in addition to cash.[20] Some markets also accept Supplemental Nutrition Assistance Program (SNAP) benefits (a federal program providing nutrition assistance to eligible low-income individuals and families), ensuring that farmers markets are accessible to more people/households[21] which further promotes access to fresh food.[22] Additionally, some states provide “Double Up Food Bucks” for purchases at farmers markets, which gives consumers $1.00 to spend on fresh produce for every $1.00 of SNAP benefits used to purchase fresh produce.[23] Providing double bucks to consumers encourages buying of healthy foods, and makes food more affordable.[24]

The U.S. Department of Agriculture estimates that 23.5 million Americans live in a food desert, which means that they live more than one mile from a supermarket in urban areas.[25] As a consequence, many individuals do not have access to enough fresh fruit and produce.[26] Many Americans also live in food swamps, where an overabundance of high calorie food “swamps out” the healthy food options.[27] Food swamps are linked to increased rates of obesity and diabetes.[28] Farmers markets are a great way for people to access high quality produce at an affordable price.

Additionally, farmers markets can have a positive impact on the local economy.[29] Farmers markets are a convenient method for farmers to sell directly to their customers, helping boost local agricultural activity.[30] Farmers markets similarly can help heighten economic activity in businesses surrounding the market.[31] Farmers markets can offer consumers greater access to information concerning the production of their food.[32] Direct interaction can also help to encourage the testing of new agricultural harvests through small-scale product testing.[33]

Furthermore, farmers markets could prove to have environmental benefits.[34] Even if not certified, farmers markets often provide organic food that reduces the use of harmful chemicals during growing.[35] Farmers markets also provide food direct-to-consumer, helping to reduce pollution associated with transportation of produce.[36] Farmers markets may provide educational opportunities on sustainable agriculture and food production.[37] Educating the community about its food can help direct economic activity towards healthy, organic, and sustainable food production.[38]

Lastly, farmers markets provide substantial social benefits. As mentioned above, farmers markets provide a place for the community to interact with local food producers and learn about sustainable food production.[39] Farmers markets are a gathering place for people to interact, learn, and benefit from other members of their community.[40] Farmers markets offer a great location for civic discourse and volunteering.[41] Farmers markets can also help promote traditional foods from other countries through immigrant farmers participating in the markets.[42] Farmers markets provide opportunities to learn about cooking methods from a variety of cultures.[43] Citizens may improve their social well-being through the implementation of farmers markets in their zoning ordinances.

Although farmers markets provide many benefits to their communities, as mentioned above, farmers markets may increase traffic and noise levels.[44] Some municipalities limit the number of hours per day that farmers markets may operate to lower associated traffic and noise levels.[45] Some municipalities also require that farmers markets not interfere with pedestrian right-of-ways or vehicular traffic.[46] Additionally, some governments prohibit the use of sound amplification at farmers markets.[47] Permitting farmers markets subject to limitations allows communities to receive benefits of farmers markets while minimizing the risks of increased traffic and noise levels.[48]

EXAMPLES

Gastonia, NC

Gastonia, North Carolina, permits farmers markets as a use in many zoning districts,[49] by-right in all but one commercial district,[50] and by-right in two industrial zones.[51] Pursuant to the ordinance, farmers markets are outdoor markets that sell fruits and vegetables to the public.[52] Similarly, Gastonia permits the sale of other food and handmade crafts at their farmers markets.[53] To ensure that these markets do not cause too much distress to city streets, the vendors at the markets are limited to using cars, vans, and small trucks to transport their produce.[54] Additionally, Gastonia proscribes how farmers markets are to operate, such as requiring a majority of the sales to be from fresh produce.[55] Furthermore, Gastonia requires that farmers markets adhere to the zoning requirements of the district hosting the market.[56] These additional requirements ensure that the city provides ample opportunity to access farmers markets, while ensuring that other zoning districts are not negatively affected by the markets.

To view the provisions see Gastonia, NC, Unified Development Ordinance §§ 2.7, 7.1-1 (2019).

Tempe, AZ

The Tempe, Arizona, zoning code expressly permits farmers markets in mixed-use and commercial zones.[57] Tempe’s code allows for farmers markets to exist throughout the year and it also allows for regular recurring events, which is important for farmers looking to increase their customer base.[58] The aforementioned allowances permit Tempe’s citizens and farmers to benefit greatly from their farmers markets.

Farmers markets are considered outdoor retailing under Tempe’s code of ordinances, more specifically they are temporary outdoor vending.[59] Temporary outdoor vending is permitted in any zoning district subject to a Use Permit.[60] In addition to the permit, the farmers markets must not block the public’s right-of-way nor interfere with vehicular traffic.[61] Furthermore, the use of sound amplification is prohibited at Tempe’s farmers markets.[62] Tempe has restrictions in place that may help ensure that farmers markets can occur without disrupting noise levels, traffic, and pedestrian right-of-ways.

To view the provisions see Tempe, AZ, Zoning and Development Code §§ 3-202, 3-417 (2020).

Tumwater, WA

Tumwater, Washington, expressly permits farmers markets in its mixed-use districts.[63] The intent of the mixed-use zone district is to “provide an opportunity to develop areas in Tumwater that are transit oriented and pedestrian-friendly while still accommodating automobiles and provide affordable housing and quality community design.”[64] Local governments that create more walkable mixed-use zones can better meet the nutritional needs of their citizens (for numerous briefs specifically addressing pedestrian mobility, including one on Mixed-Use Zoning, see Pedestrian Mobility Chapter). Tumwater’s mixed-use districts are a great way for its citizens to access farmers markets either by car or by foot, which helps increase access to fresh food for many citizens.[65]

Additionally, Tumwater permits farmers markets in all commercial districts.[66] Farmers markets are permitted by right in every commercial district.[67] Tumwater’s commercial districts are designed to promote business activity.[68] Allowing farmers markets in these districts helps to promote business activity, while also providing necessary access to fresh, healthy food.[69] Tumwater permits farmers markets in many of their districts, which provides its citizens with access to all the benefits that arise from farmers markets.

To view the provisions see Tumwater, WA, Tumwater Municipal Code §§ 18.07.020, 18.20.010, 18.20.30, 18.22.010 (2019).

Marion County, IN

Marion County, IN permits farmers markets in many of their zoning districts. Farmers markets are permitted by-right in one commercial district and one mixed-use district.[70] Farmers markets are also permitted as a temporary use in two commercial districts and as an accessory use in two mixed-use districts.[71] Marion County permits farmers markets to varying degrees in almost all of their commercial and mixed-use zoning districts, allowing their citizens great access to farmers markets.[72]

Marion County permits the sale of food, food products, arts and crafts at their farmers markets.[73] Marion County permits many things to be sold at their farmers markets, however most of the vendors must offer locally sourced items.[74] The Ordinance requires “at least 75% of the vendors must exclusively offer or sell goods in which the good’s principle production, ingredients or components are created or grown within Indiana.”[75] Marion County allows many types of vendors to participate in their farmers markets, but places limits one where the products may be sourced.[76] This helps provide access to healthy food and at the same time boost the local economies of Indiana.

To view the provisions see Marion County, IN, Code of Ordinances §§ 743-1, 743-304 (D) (2019).

ADDITIONAL EXAMPLES

Mount Horeb, WI, Code of Ordinances § 17.20 (9) (a) (2017) (permitting farmers markets in all districts subject to a temporary use permit).

Victor, CO, Municipal Code § 16-12-10. (2019) (permitting farmers markets as a temporary use in all commercial zones, but they may require a permit to operate).

Minneapolis, MN, Code of Ordinances § 548.30 (2018) (permitting farmers markets in all commercial districts).

Arlington County, VA, Zoning Ordinance § 12.5.17 (2020) (permitting open-air markets in most commercial districts).

Banning, CA, Code of Ordinances §§ 17.12.020, 17.108.020 (I) (2020). (permitting farmers markets by right in all commercial zones, and permitting temporary markets in all zoning districts subject to a temporary use permit).

Cumberland County, PA, Farmers’ Markets Model Ordinance §§ 1-4 (2014). (providing a model farmers market ordinance to help municipalities draft their own).

ADDITIONAL RESOURCES

Marlie Wilson et al., Contextualizing Farmers’ Market Needs: Assessing the Impact of Community Type on Market Management, 49 J.  Food Distribution Res. 1, 2 (2018), https://perma.cc/72ZU-LZVR.

Elisha Smith, Food Deserts and Farmers Markets, Center for Rural Aff. (June 13, 2011), https://perma.cc/37JW-SSXL.

Daniel R. George et al., Public Health Potential of Farmers’ Markets on Medical Center Campuses: A Case Study From Penn State Milton S. Hershey Medical Center, 101 American Journal of Public Health 2226, (2011), https://perma.cc/32KA-ULRQ.

Center for Agriculture and Food Systems, Farmers Market Legal Toolkit, https://perma.cc/E7C9-VYYA (last visited June 29, 2020).

U.S. Department of Agriculture, National Agricultural Library, https://perma.cc/J5VW-B28G (last visited June 29, 2020).