Chapter 6.1
Community Health and Safety

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

Permit a Broad Range of Urban and Suburban Agricultural Uses By-Right

INTRODUCTION

Although the United States Department of Agriculture (USDA) has not specifically defined the term “urban agriculture,”[1] for purposes of this brief we refer to urban agriculture as “the growing, processing, and distribution of plant and animal products-by and for the local community-within an urban environment.”[2] Urban agriculture encompasses food production in urban and suburban settings such as container farms, private yard gardens, roof gardens, community gardens, animal husbandry, beekeeping, and aquaculture, as well as food distribution at farmers markets, farm stands, and through community supported agriculture.[3]

Although often presumed as an exclusively rural practice, agricultural production has permeated more urbanized spaces in novel and varied forms for millennia.[4] Currently, an estimated 800 million people worldwide engage in urban and suburban agriculture.[5] With the 20th century development of highly industrialized agro-food systems—large-scale farming operations heavily reliant on a carbon-burning transportation infrastructure to bring food into urban and suburban areas—concerns over these systems’ negative health and environmental impacts have led to a renewed interest in urban and suburban agriculture.[6] Communities struggling to access nutritious and affordable foods are recognizing the public health and economic advantages of adopting new measures to encourage urban agriculture.[7]

To accommodate this, many local governments are adopting ordinances that permit by-right a wide array of agricultural uses on smaller, often residential urban lots in response to incoming pressure from food policy task force reports,[8] sustainability initiatives,[9] mayor’s initiatives,[10] community driven projects,[11] and property owner behavior.[12] Designed to broadly foster and support urban agriculture, such by-right ordinances help in addressing the concerns and demands of these varied interest groups. For our briefs with examples on more specific or targeted uses see:

• Front Yard Gardening in Residential Districts
• Community Gardens on Private Property as a By-Right or Permitted Use
• Green Roofing
• Bees in Urban and Suburban Districts
• Farmers Markets in a Variety of Districts
• Temporary Farm Stands
• Fruit Trees in Landscape Requirements
• Keeping Fowl in Urban and Suburban Locations

While some municipal zoning codes limit or ban urban agricultural practices, increasingly, others are encouraging and facilitating agricultural activities in urban and suburban areas.[13] Furthermore, the American Planning Association (APA) reports that interest and enthusiasm for urban and suburban agriculture has grown in recent years.[14] In a 2008 APA survey, more than 60 percent of planners reported feeling that, because of urban agriculture’s potential to facilitate healthy eating, planners therefore should be, at minimum, significantly involved in the planning of urban agriculture.[15] As a result of this rise in support, demand, and enthusiasm, communities are encouraging urban and suburban agriculture by adopting ordinances to regulate where, when, and how agricultural uses may occur.[16]

Local governments are addressing the demand for urban and suburban agriculture in a variety of ways. As mentioned above, some allow a broad spectrum of agricultural uses by-right, meaning that homeowners are not required to submit an application for or get approval for allowed uses. In contrast, other ordinances limit not only the type of uses, but also when and how these uses may occur.

EFFECTS

Rising enthusiasm for small-scale urban and suburban agriculture in recent years comes at the end of more than a century of industrial development in large-scale, rural agricultural operations.[17] Despite the many marvels of the 20th century’s agricultural industrialization—a technological process of specialization, mechanization and consolidation to further the efficiency of agricultural production—the contemporary agro-food systems upon which so many urban and suburban communities rely can also come with costs.[18] Ecological degradation, diminished genetic diversity of livestock, and the threat of antibiotic resistant pathogens resulting from heavy reliance on antibiotics in factory farms present some of agricultural industrialization’s most significant drawbacks.[19] Along with combating these existential threats, urban communities needing greater access to healthy and affordable foods have begun turning to urban and suburban agriculture.

Regulations that permit a broad range of agricultural uses in urban and suburban areas benefit residents by providing greater access to the health, social, and economic opportunities associated with urban agriculture, particularly in low-income communities.[20] Direct health benefits for urban and suburban residents include access to fresh, locally produced food,[21] reduced food insecurity,[22] increased literacy in dietary health,[23] as well as improvements in mental health[24] and increased physical activity for participants.[25] People consume more fruits and vegetables when they participate in gardening[26] and when they live in neighborhoods with farmers markets.[27]

Communities, especially low-income communities often comprised of people of color, also benefit from the social impacts of urban and suburban agriculture.[28] Farms and gardens can provide safe havens where neighbors can build trust and friendships across cultural and generational boundaries.[29] In addition, urban and suburban agricultural spaces can provide residents access to educational and vocational opportunities.[30] Additionally, engaging in agriculture can bolster community activism and awareness of local environmental and social justice issues.[31]

Consumers, producers, and municipalities also reap economic benefits from urban and suburban agriculture. Individuals who live in food deserts can benefit by receiving much needed access to high quality produce (for our brief specifically addressing grocery stores in food deserts, see Grocery Store Development in Recognized Food Deserts; for our brief requiring dollar stores to have a minimum square footage of fresh food see LINK Limit and Restrict Discount Dollar Stores).[32] Producers of food can benefit from selling agricultural products locally with lower transportation, distribution, and marketing costs. Additionally, urban and suburban agriculture can create jobs and provide opportunities for new businesses, even providing restaurants and other businesses with “farm to table” goals and other initiatives much-needed access to fresh, locally grown produce.[33] In the long term, municipalities can also save money by permitting the transformation of vacant lots into community gardens.[34] Finally, increasing green growing spaces in urban and suburban areas provides environmental benefits including providing stormwater buffers and lowering pollution[35] (for ways to utilize green infrastructure in stormwater management planning see our chapter on Low Impact Development and Stormwater Management).

EXAMPLES

Detroit, MI

After decades of economic struggles, Detroit’s population now stands at approximatively 670,000,[36] down from a peak of 1.8 million residents in 1950.[37] However, this decline has resulted in 30,000 acres of vacant land in the city.[38] Low property prices coupled with a need for inexpensive, fresh, and local food has led to a dramatic growth in unregulated urban agriculture.[39] In response to the needs of city residents and as a result of the Detroit Food Policy Council’s efforts to address food insecurity, Detroit enacted an urban agriculture ordinance[40] in February 2013 that provides for a sustainable, local food system and legal pathway for existing urban gardens and farms.[41]

Detroit’s code allows urban gardens by right in all residential and most commercial zones as well as urban farms, greenhouses and hoop houses by right in three residential and five business zones.[42] Additionally, Detroit’s Code allows farmers markets by right in all industrial and most commercial zones and as accessory uses in residential zones.[43]

To view the provision see Detroit, MI, Code of Ordinances § 50-12-109 (2019).

Portland, ME

With a population of just 66,800,[44] Portland, Maine, has made significant strides in expanding urban agriculture throughout the city. In 2012, the Mayor of Portland launched The Healthy Sustainable Food Systems Initiative to identify the need for changes to the food system and to increase community access to healthy food.[45] The members of the initiative’s steering committee proposed a series of policy changes including modifications to the city’s zoning code to allow community gardens, beekeeping, livestock, and other forms of urban agriculture.[46] Currently, Portland’s zoning code allows agriculture by right in residential zones including the sale of products produced on the premises; these agricultural uses include “nurseries, greenhouses, and truck gardens.”[47] The city also allows community gardens in Portland’s recreation and open space zone.[48] Chickens are allowed in all zones, with restrictions on cage size, noise, and waste odors.[49]

To view the provisions see Portland, ME, City Code §§ 14-67(b)(1), 14-77(b)(3), 14-154(k) (2016), Portland, ME, City Code ch. 5, art. IV (2017).

ADDITIONAL EXAMPLES

Atlanta, GA, Code of Ordinances §16-29.001(83)(a-b) (2020) (permitting urban gardens as an accessory use by right in residential zones; allowing market gardens as a principal or accessory use by right in all districts, except only allowed on some institutional lots in residential areas).

Hartford, CT, Zoning Regulations § 905 (2015) (allowing community gardens and bees in all districts by right, but subject to certain use-specific conditions).

Cleveland, OH, Zoning Code ch. 336 (2007) (creating an Urban Garden Zoning District permitting by-right urban gardening, market gardens, farmers markets, and other urban agricultural uses through main use or accessory use designations).

Seattle, WA, Municipal Code §§ 23.42.051-23.42.053 (2010) (permitting small animals, domestic fowl, and bees in all zones as an accessory use).

Lee County, FL, Land Development Code §§ 34-1711(b) (2015) (permitting a broad range of agritourism activities by right on land classified as agricultural).

Pittsburgh, PE, Code of Ordinances §§ 912.07 (2015) (permitting the growing and off-site selling of legal agricultural products as well as permitting by-right accessory uses with and without animals).

Rockwall, TX, Unified Development Code Art IV § 02.03(A)(8) (2020) (permitting urban farms by right in the Agricultural District and in all other zoning districts by Specific Use Permit subject to specific conditions).

Christiansburg, VA, Code of Ordinances § 42-663 (2017) (allowing as a by right urban agriculture use up to two beehive stands and up to six chickens per single-family residence, subject to standards and permit requirements; allowing fruit and vegetable gardens by right in all zoning districts without requiring an urban agriculture zoning permit).

Pueblo, CO, Code of Ordinances § 17-4-13 (2020) (allowing community gardens as an accessory use by right in all zoning districts without requiring a community garden permit and as a principal use by right in all districts so long as a permit is obtained; establishing performance standards for community gardens including development, hours of operation, on site sales, and composing).