Structures and Fencing as Accessory and Temporary Uses
Glenn Holmes (author), Kathryn Leidahl, Daniel Goodman, Thomas Galloway, Jonathan Rosenbloom, Sara Bronin, Claire Child, Lihlani Nelson, & Laurie Beyranevand (editors)INTRODUCTION
Although urban and suburban agricultural operations are often small due to land constraints, they create local jobs, efficiently occupy vacant lots, and provide healthy and fresh food to residents. Community gardens and other creative methods like vertical and indoor farming provide opportunities for efficient, environmentally conscious farming. To effectively function in highly populated environments, urban and suburban agricultural operations require proper accessory structures to house tools, equipment, and livestock. Additionally, these operations require fencing to protect crops and animals from wildlife (for our related brief on equipment and composting as accessory and temporary uses see Equipment and Composting as Accessory and Temporary Uses).
In order to take advantage of the benefits of urban and suburban agriculture, some local governments have permitted farmers to add the necessary structures and fencing for effective agricultural operations.[1] Some ordinances permit accessory structures, including greenhouses, farm stands, hoop houses, tool sheds, shade pavilions, and garages, finding them to be critical to the success of agricultural operations.[2] Other local governments apply certain restrictions or location requirements for agricultural structures to ensure the health and safety of community members and prevent structures from being a nuisance.[3] Ordinances can impose setback and height requirements,[4] as well as limiting the area covered by the structures.[5] Local governments can allow specified animal facilities if applicants follow certain health and safety requirements (for briefs on specific species see Bees in Urban and Suburban Districts and Keeping Fowl in Urban and Suburban Locations).[6] In addition, some local governments maintain the ability to inspect and reinspect the facilities at any time.[7]
Not only can local governments help urban and suburban operations through allowing accessory agricultural structures, but they can also provide much-needed assistance by allowing operations to protect their plants from wildlife with fencing. Ordinances permitting fencing as accessory uses to urban and suburban agriculture set maximum fence heights while providing exceptions for fences that follow certain aesthetic guidelines.[8] Ordinances may also require that fences be a set percentage, such as 60 percent, opaque for reasons of safety and appearance.[9] Finally, ordinances can allow higher fencing for commercial agricultural operations than for typical residential neighborhoods.[10]
EFFECTS
Accessory structures bolster the success and efficiency of agricultural operations in an urban and suburban setting. Accessible, appropriate equipment helps gardens and farms operate successfully and grow healthy animals and plants.[11] Urban and suburban agricultural operations that are fully functioning and complete with the necessary accessory structures may give the surrounding community greater access to fresh produce, reduce food costs, and increase overall consumption of fruits and vegetables.[12] Additionally, successful urban and suburban gardens and farms produce jobs, create professional training opportunities, increase property values, and may attract additional development and investors.[13]
Localities may also address practical necessities that are part of urban and suburban farming. Animals like deer and rabbits pose threats to vegetable gardens and farms, requiring fencing to protect plants.[14] Fencing is one of the most dependable techniques to prevent crop loss to animal consumption.[15] Constructing fences allows growers to protect plants without the need for spray-on repellents, which can have harmful consequences to vegetation, soil, and water.[16] The success of repellents can be circumstantially dependent, and may be lessened by factors such as weather, animal adaptation, and the number of hungry animals without a plentiful food source.[17] Local governments should also be aware of some drawbacks to fencing, which can be viewed in our brief on Wildlife-Friendly Fencing Standards.
EXAMPLES
Loomis, CA
The city of Loomis, California, enacted an ordinance specifically related to agricultural accessory structures.[18] The Loomis Code allows agricultural accessory structures at any time so long as the lot is one acre or more.[19] The accessory structure in these zones can be constructed with or after the construction of the primary structure on the site.[20] Agricultural accessory structures must comply with the various setback requirements already established in the residential zoning districts.[21] A permitted agricultural accessory structure may be a barn, garage, greenhouse, or any structure used to house animals or agricultural supplies and equipment.[22]
To view the provision see Loomis, CA, Municipal Code § 13.42.040 (2019).
Cleveland, OH
Cleveland, Ohio, allows greenhouses, hoop houses, cold frames, and similar structures so long as they are specifically used to extend the growing season.[23] Additionally, the city allows buildings that support agricultural activities, including tool sheds, shade pavilions, barns, restroom facilities with composting toilets, and planting preparation houses.[24] The city has a setback requirement of 5 feet.[25] No buildings may be greater than 25 feet in height.[26] The building coverage must not be more than 15 percent of the garden site lot area.[27] “Greenhouse” is defined as a “building made of glass, plastic, or fiberglass in which plants are cultivated.”[28] “Hoophouse” is defined as “a structure made of PVC piping or other material covered with translucent plastic, constructed in a ‘half-round’ or ‘hoop’ shape.”[29] “Coldframe” is defined as “an unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from the cold.”[30] Fences, related to urban agriculture, shall not exceed six feet in height.[31] Fences must be at least fifty percent open if they are taller than four feet and must be constructed of wood, chain link, or ornamental metal.[32]
To view the provisions see Cleveland, OH, Code of Ordinances §§ 336.04 (2007), 336.02, 336.05.
Detroit, MI
In terms of accessory use structures for urban gardens, Detroit permits greenhouses, farm stands, hoop houses, tool sheds, shade pavilions, and garages.[33] For urban farms, Detroit permits all the uses and structures permitted on an urban garden as well as aquaculture, aquaponics, hydroponics, barns and storage buildings, and cold storage (for our brief on aquaculture see Aquaponics, Hydroponics, and Aquaculture LINK).[34]
To view the provisions see Detroit, MI, Code of Ordinances §§ 50-12-522 (2019), 50-12-523.
Portland, OR
Portland, Oregon, enacted an ordinance for “specified animal facilities” through a permit from the Director of Health.[35] Specified animal facility permits will only be issued after the applicant gives permission for the facility to be entered and inspected at any reasonable time.[36] The facility must be in good condition and maintained in a clean and sanitary manner.[37] The facility must not disturb neighboring residents and must ensure that the specified animal remains enclosed.[38] The permit may be revoked if the applicant fails to satisfy these conditions.[39] Beehives and apiaries in particular are required to be at least 15 feet from a sidewalk, street, public building, or park.[40] A person keeping three or fewer chickens, ducks, doves, pigeons, pygmy goats, or rabbits is not required to obtain a specified animal facility permit.[41] Any accessory structure, including a specified animal facility, containing livestock must be a minimum of 50 feet from any residential or commercial building.[42]
To view the provisions see Portland, OR, City Code §§ 13.05.015 (2019), 13.05.035.
ADDITIONAL EXAMPLES
Boston, MA Zoning Code § 89-10(4)(a) (2013) (requiring a five-foot setback for all “Farm Structures”).
Minneapolis, MN, Code of Ordinances § 537.110 (2020) (permitting animal runs to exercise small animals as an accessory to a dwelling but requiring that the area be fenced in).
ADDITIONAL RESOURCES
Joshua Birky, The modern community garden movement in the United States: Its roots, its current condition and its prospects for the future, Univ. of South Fla. Graduate Thesis and Dissertations Scholar Commons, (2009) at 8, https://perma.cc/L7X9-P4WD.
Raychel Santo, Anne Palmer, & Brent Kim, Vacant Lots to Vibrant Plots: A Review of the Benefits and Limitations of Urban Agriculture, John Hopkins Center for a Livable Future, (2016), https://perma.cc/7KYM-GKYR.
CITATIONS
[1] Stephanie A. Maloney, Putting Paradise in the Parking Lot: Using Zoning to Promote Urban Agriculture 2551, 2572, (June 2013), https://perma.cc/4AHM-GK3Z.
[2] Detroit, MI, Zoning Code § 50-12-522 (2019).
[3] See Portland, OR, City Code §§ 13.05.015 (2019).
[4] Cleveland, OH, Code of Ordinances § 336.05(a) (2007).
[5] Id. at § 336.05(c).
[6] Portland, OR, Code of the City § 13.05.015 (2006).
[7] Id. at § 13.05.015(B).
[8] Minneapolis, MN, Code of Ordinances § 535.400.
[9] Id.
[10] Detroit, MI, Zoning Code § 50-14-1381(4)(a).
[11] Raychel Santo, Anne Palmer, & Brent Kim, Vacant Lots to Vibrant Plots: A Review of the Benefits and Limitations of Urban Agriculture, Johns Hopkins Center for a Livable Future, (May, 2016), https://perma.cc/82C7-Q86P.
[12] Id. at 13.
[13] Id. at 17.
[14] The Center for Agriculture, Food and the Environment, Wildlife: Excluding and Repelling Problem Wildlife from the Garden, University of Massachusetts Amherst, (2012), https://perma.cc/6ZCM-7TR9.
[15] Id.
[16] Id.
[17] Id.
[18] Loomis, CA, Municipal Code § 13.42.040 (2019).
[19] See id. at § 13.42.040(A).
[20] See id.
[21] Id. at § 13.42.040(B).
[22]Id. at § 13.42.040(A)(1).
[23] Cleveland, OH, Code of Ordinances § 336.04(a) (2007).
[24] Id. at § 336.04(e).
[25] Id. at § 336.05(a).
[26] Id. at § 336.05(b).
[27] Id. at § 336.05(c).
[28] Id. at § 336.02(c).
[29] Id. at § 336.02(d).
[30] Id. at § 336.02(e).
[31] Id. at § 336.05(g).
[32] Id.
[33] Detroit, MI, Zoning Code § 50-12-522 (2019).
[34] Id. at § 50-12-523.
[35] Portland, OR, Code of the City § 13.05.015 (2006).
[36] Id. at § 13.05.015(B).
[37] Id. at § 13.05.015(C)(1).
[38] Id. at § 13.05.015(C)(2).
[39] Id. at § 13.05.015(D).
[40] Id.
[41] Id. at § 13.05.015(E).
[42] Id. at § 13.05.035.