food zoning paper
DESCRIPTION
TRANSCRIPT
Food Zoning White Paper Luis Nieves-Ruiz, AICP
September 2011 Orange County Government Research and Economic Development
DRAFT
Orange County Planning Division 2
Summary
Food systems projects, ranging from community gardens to farmers’ markets, have grown popular across the nation in response to the recent food recalls, the need to revitalize and promote entrepreneurship in urban neighborhoods, and people’s desire to be more connected with the food production process. While the demand for these projects is increasing nationwide, its proponents often find that local land use and zoning regulations can sometimes act as a barrier for this type of projects. Most zoning codes are based on Euclidean principles that call for the strict separation of land uses. While this separation of uses was necessary in the past, municipalities are starting to flexiblize their regulations. This paper examines how three food uses – urban agri-culture, community gardens, and farmers’ markets – are incorporated in the zoning codes of several jurisdictions across the United States. It compares how jurisdictions define these food uses, in which zoning districts they are allowed, and the specific development standards set for each use. As a take-away for the practice, the paper provides a set of recommendations for the inclusion of these food uses in the Orange County Zoning Code (Chapter 38, Orange County Code) and the new Land Development Code.
This is the second paper in the Orange County Food System Series. The Food Production in Orange County White Paper can be found here.
About the Author
Luis Nieves-Ruiz works as a Principal Planner for the Orange County Planning Division. His research interests include food systems planning, economic development, and demographics. Luis holds a Masters’ Degree in Regional Planning from Cornell University, and is a member of the American Institute of Certified Planners. He can be reached at [email protected].
Luis would like to thank Alissa Barber Torres, John Smogor, Susan Caswell, and Carol Hossfield for their helpful comments and edits.
Orange County Planning Division 3
INTRODUCTION
While citizens are demanding more access to fresh food,
they often find that local regulations act as a barrier to
this outcome. Most zoning codes are based on Euclidean
principles that call for the strict separation of land uses
in order to protect public health, safety, and the general
welfare of the population. In response to citizen
demand for fresh food, jurisdictions across the United
States have begun to temper some of their regulations
to allow limited agricultural uses in urban and suburban
areas. The American Planning Association has become a
strong advocate for the local food movement by urging
planners to become more involved in food system issues
and providing related information and research.
Planners can improve people’s access to food by
modifying zoning regulations and regulatory burdens
that often serve as barriers to food production and
access. Sometimes, even though a “food use” may be
allowed through special exception or rezoning, the
application process can still be cumbersome for some
customers. Another problem is usually that these “food
uses” are not defined in the local zoning codes.
Recently, the Planning and Zoning Commission heard
several cases in which the applicants asked to
“downzone” their properties to allow domestic
agricultural uses in their properties. In Case #RZ-08-01-
004, the applicant sought to rezone her 2.13 acre
property from R-1 (Single Family Dwelling District) to
RCE (Country Estate District) to allow a cow for domestic
purposes. In this specific case, she wanted to use the
cow’s manure as fertilizer for her strawberry farm.
Rather than an anomaly, this case should be seen as a
local example of a national movement that promotes
the consumption of fresh and locally grown foods.
Urban agriculture projects, ranging from community
gardens to chicken keeping, have grown popular
across the nation in response to the recent food
recalls, the need to revitalize Rust Belt cities, and
people’s desire to be more connected with the food
production process.
This white paper examines how food uses, food
production and food access, are incorporated in the
zoning codes of several jurisdictions across the United
States. The report focuses on three main uses: urban
agriculture, community gardens, and farmers’ markets
to compare how jurisdictions define these food uses,
in which zoning districts they are allowed, and the
specific standards for each use. The final part of the
report provides a set of recommendations for the
inclusion of food uses in the Orange County Zoning
Code (Chapter 38, Orange County Code). The purpose
of this analysis is to seek ways to facilitate food
production in Orange County and provide county
residents better access to fresh fruits and vegetables.
URBAN AGRICULTURE
The revival of urban agriculture started in the 1970s in
People’s desire for fresh food has led to the popularity of urban agriculture opera-tions, community gardens, and farmers’ markets in urban areas.
Orange County Planning Division 4
low income areas hit hard by the decline of U.S
manufacturing and the disinvestment caused by
suburbanization trends. Community gardens
started to sprout at vacant lots where
abandoned buildings were formerly located,
leading to the revitalization of these
communities. More often than not, urban
agriculture serves as an alternative to vacant
lots, and it has been promoted in landscaped
areas of schools, hospitals, city parks, utility
easements, and public building rooftops. Urban
agriculture has also become a tool to revitalize
communities, promote entrepreneurship in low
income areas, and increase economic
opportunities for urban residents. Orange
County has a significant amount of vacant land
in urban areas that could be used for vegetable
gardening, which could also help to improve
nutrition in lower income neighborhoods.
Communities like Pine Hills, Holden Heights, and
Azalea Park could benefit from urban agriculture
initiatives. For this report, staff focused on two
main uses: urban agriculture and community
gardens. The County recently funded a
community garden using RENEW1 funds in Pine
Hills. Staff is not recommending any changes to
animal keeping uses because they can be a
nuisance in urban environments.
This is where the caption goes
This is
Definitions
Currently, the Orange County Zoning Code
does not have a definition for urban
agriculture. The County defines crops using
the Standard Industry Classification (SIC)
code, which classifies farms by the type of
products produced. The intent of this code
is to describe large industrial farms, which
need large amounts of land. Indeed, most
crop production uses are only allowed
agricultural zoning districts (A-1, A-2, and A-
R) and as a special exception in rural
residential districts with lots at least 1 acre
in size. The County allows, but does not
regulate, home gardens as an accessory use
to residential properties. In the past, it has
also permitted some communal agricultural
activities on passive tracts of land in
residential subdivisions. However, these
farms are not allowed to have onsite sales.
On the other hand, agricultural uses are not
currently permitted in non-residential
parcels.
Similar to Orange County, most municipal
codes do not define urban agriculture as a
specific use category. Kansas City and
Seattle, the most recent jurisdictions to
adopt food policy ordinances, were the only
ones that included similar terms. The City
of Seattle defines “urban farm” as a use in which
plants are grown for sale of the plants or their
products, including flower and vegetable raising,
orchards and vineyards (Section 23.84A.002A5,
Seattle Zoning Code). On the other hand, the
Kansas City code typifies urban agriculture as a
home garden, community garden, or community
supported agriculture (CSA) farm (S. 88-805-06-C).
The Cities of Cincinnati, Milwaukee, and Portland
do not have specific definitions for urban
Urban Agriculture in Milwaukee Growing Power, a non-profit organization and land trust founded by former NBA player Will Allen, operates a 2 acre farm complex in Northwest Milwaukee. This facility has become an urban laboratory for the enhancement of com-munity food systems. It is comprised of several green houses and hoop houses to grow vegetable and herbs, an aauaponics area, poultry and livestock pens, an apiary, a composting operation, among other things.
Orange County Planning Division 5
agriculture; they just refer to it as agriculture.
Farming is defined in the Cincinnati
Development Regulations as the raising of
“tree, vine, field, forage and other plants
crops, as well as the keeping, grazing or
feeding of animals and incidental processing,
storage and retail facilities” (Section 1401-01-
F3, Cincinnati Code of Ordinances).
Milwaukee does not define agriculture as a
use, but its code lists it as a use category. The
city code instead defines two specific uses:
plant nursery or greenhouse and raising of
crops or livestock. Finally, Portland
characterizes agriculture to include all
activities that raise, produce or keep plants or
animals. It excludes plant and animal
processing, livestock auctions, retail plant
nurseries, and boarding kennels
(Section33.920.500, Portland Oregon Zoning
Code).
Permitted Zoning Districts
The following table shows the zoning
categories where agriculture is allowed in the
different jurisdictions, categorized based on
the diversity of zoning districts within the
studied cities. According to the research,
Kansas City and Seattle, the most recent
adoptees of food zoning ordinances, are the
most liberal cities relative to regulation of
agricultural uses.
Cincinnati allows farming in three of the city’s
single family residential districts (SF-20, SF-10,
and SF-6). The lot size in these districts is
between 6,000 and 20,000 square feet in size.
This is similar to the minimum lot requirements
of Orange County’s Single-Family Dwelling
Districts (R-1A and R-1AA) and Residential
Urban Districts (R-1AAA and R-1AAAA). In
addition, the City also allows farming on the RF-
R (Riverfront Residential/Recreational District)
zoning district, which is one of the City’s
riverfront zoning districts along the Miami and
Ohio rivers. The lot size requirement on this
zoning district is 4,000 square feet. This zoning
district’s purpose is to integrate residential with
public and semi-public uses. Cincinnati does not
allow farming on any of its non-residential
zoning districts.
Milwaukee allows urban agriculture in all of its
single-family and multi-family residential
districts. These include traditional and historic
neighborhoods, duplexes, low-and medium-
density residential, and multifamily residential
districts. Milwaukee also has three mixed use
Sources: Codes of Ordinances for the cities of Cincinnati, Kansas City, Milwaukee, and the Seattle Municipal Code
P=Permitted, CU=Conditional Use, N/A =Not applicable inc awarded were the Business Materials Sales Tax Refunds.
Figure 1: Comparison of Urban Agriculture Use in Urban Zoning Districts
Jurisdiction
Zoning District Categories
Single Family
Residential
Multi Family Residential
Office Commercial Industrial Institutional Mixed Use
Other
Cincinnati P N N N N N N P
Milwaukee P P N N P N/A P N/A
Portland P/CU P CU P P
Kansas City P P P P P N/A N/A P
Seattle P/CU P/CU P P P N/A N N/A
Orange County Planning Division 6
zoning districts that permit a mix of
residential, neighborhood commercial, and
office uses and that also allow agriculture.
Milwaukee also allows agricultural uses in the
City’s industrial zoning districts. The City does
not allow agriculture in its institutional zoning
districts, except for the Parks Zoning District.
Nurseries and greenhouses are limited uses
in this zoning district and may be approved
through a special use permit.
The City of Portland is very committed to
urban agriculture and sustainability.
Agriculture is allowed as a permitted use in
two single-family residential zoning districts:
Residential Farm/Forest (RF) and Residential
20,000. The City requires a conditional use on
Residential 10,000 (R-10) and Residential
7,000 (R-7) zoning districts. Portland also
allows urban agriculture in the majority of
the city’s nonresidential zoning districts,
including industrial (General Industrial 1,
General Industrial 2, and Heavy Industrial),
Mixed Use (General Employment 1 and 2 and
Central Employment), and as a conditional
use on the Commercial/Office zoning districts
(Storefront Commercial, General Commercial,
and Central Commercial). Urban agriculture
is prohibited in all multifamily and
neighborhood commercial zoning districts.
Kansas City recently updated its Zoning and
Development Code to allow and regulate
urban agriculture. The City has three
agricultural classifications: crop, animal, and
urban. The City code further subdivides urban
agriculture into three subcategories: home
garden, community garden, and community
supported agriculture2 (CSA) farm. Home
gardens and community gardens are
permitted in all residential, office,
commercial, downtown, and manufacturing
zoning districts. CSA farms require a special
exception permit when they are located in
any of the residential zoning districts, but are
allowed as a permitted use in the City’s
office, commercial, downtown, and
manufacturing zoning districts.
The City of Seattle updated it Land Use Code
in 2010 to allow urban farms in all zoning
districts and, with some restrictions, on
industrial land. However, urban farms are
permitted outright as an accessory use on
residential zoning districts when they are no
larger than 4,000 square feet. Bigger farms
may be allowed as an accessory use with a
conditional use permit. Most agricultural
uses are allowed in commercial and office
zones, such as the Neighborhood Commercial
(NC1, NC2, NC3) and Commercial (C1, and C2)
zoning districts. Urban farms are permitted on
Industrial Buffer (IB), Industrial Commercial (IC),
General Industrial (IG1 and IG2), except within
designated manufacturing centers, where they
are only permitted on rooftops .
Building and Zoning Standards
A few of the jurisdictions reviewed have specific
standards governing agriculture in urban areas.
Most of them only required that the use comply
with the lot and building requirements of each
zoning district. Two of the jurisdictions have
special setback requirements, and another two
jurisdictions allow signs. The table below
summarizes this information.
In Seattle, when the farm is considered a
principal use, the total gross floor area of all
structures for urban farm use may not exceed
1,000 square feet. In addition to having to
comply with the zoning district’s development
standards for accessory structures, structures
may not exceed 12 feet in height, including any
pitched roof. However, greenhouses dedicated
to food production are permitted to extend 15
feet above the applicable height limit, as long as
the combined total coverage of all features
gaining additional height does not exceed 50
Orange County Planning Division 7
Seattle allows one identification sign, not ex-
ceeding 64 square inches in area. None of the
jurisdictions require parking for urban agricul-
ture. However, the City of Portland allows the
inclusion of parking requirements, if the use is
approved through a conditional use permit.
Most ordinances also regulate other aspects of
the urban farms, including hours of operation,
sales, mechanical equipment, and site planning
requirements. Both Kansas City and Seattle al-
low product sales, with certain restrictions. For
example, Kansas City only allows onsite sales
and donations if the property is vacant and not
in a residential district. Sales are restricted
from May to October of each year. These sales
are not considered a commercial activity and
are not subject to the restrictions governing
home occupations. A CSA permits is initially
granted for one year with subsequent renewals
allowed for up to 5 years. Seattle limits retail
sales and all other public uses of the farm to the
hours of 7:00 a.m.to 7:00 p.m. every day of the
week. Deliveries and the use of commercial ve-
hicles are also restricted. Both jurisdictions re-
quire chemicals and equipment to be stored in
an enclosed structure in residential and
neighborhood commercial areas. Seattle only
allows the use of mechanical equipment de-
signed for households in urban farms.
These two ordinances also address aesthetic
and nuisance concerns. For example, Kansas
City does not allow the planting of row crops3 in
residential front yards and occupied lots. Citi-
zens can also file a private nuisance action
against offensive agricultural uses. Moreover,
both cities require project proponents to get
special permits. For example, urban farms in Se-
attle’s residential areas require a conditional
use permit, which is granted administratively.
Applicants are required to provide a manage-
ment plan that addresses and mitigates all site
impacts including: frequency and duration of
farm activities, chemical and pesticides use,
storm runoff, traffic, odors, among others.
Sources: Codes of Ordinances for the cities of Cincinnati, Kansas City, Portland, and Seattle Municipal Code recent years, most of the
Figure 2: Comparison of Building and Lot Standards for Urban Farms
Jurisdiction
Site Development Standards
Lot and Building Requirements Special Setback Requirements Signage Parking
Cincinnati Zoning District Yes 1 per site
Milwaukee Zoning District No
Portland Zoning District No Varies
Kansas City Zoning District Yes Yes
Seattle 12'/15' Height 1,000’building maximum Yes Yes No
percent of the roof area. Greenhouses attached
to the principal structure may extend a maximum
of 6 feet over the front and side setbacks.
Cincinnati and Kansas City have special setback
requirements for agricultural uses. Cincinnati
requires all enclosures to be set back at least 100
feet from the lot lines. In Kansas, all farmed
areas must be setback at least 3 feet from all
property lines. The required setback must be
covered with ground cover.
Kansas City and Seattle allow signs in urban
farms. Kansas City allows one temporary sign
advertising food grown on site that may be
displayed during sales. The on-site sign must be
not be illuminated and not bigger than 6 square
feet in area or 3 feet in height.
Orange County Planning Division 8
COMMUNITY GARDENS A community garden, is a tract of land that has been
divided into smaller plots. A community garden is not a
residential accessory garden, but the principal use in the
property. The land where the garden is located is usually
owned by a municipality, an institution, a community
group, a land trust or private property owners. Individuals
sign up to farm the small lots. The produce grown in the
garden is used by the individual, sold for extra income, or
donated to charitable institutions.
The Orange Board of County Commissioners adopted a
Community Gardening Program on February 2, 2010. A
groundbreaking ceremony for the County’s first community
garden was held on August 17, 2010. This garden is located
in the Pine Hills Community Center and was funded by
Neighborhood Service’s RENEW program. Orange County’s
program allows community gardens at community centers
and/or parks. This approach is similar to other community
garden programs nationwide, like the P-Patch Community
Gardening Program in Seattle. Due to the increasing
demand for community gardens, some jurisdictions have
opted to create zoning ordinances to specify were these
gardens are allowed and regulate their operation.
Definition and Permitted Zoning Districts
Several Florida jurisdictions have written ordinances to
allow community gardens, including Lee County and St.
Petersburg. Lee County, which adopted its community
garden ordinance in June 2010, defines community garden
as “an area of land managed and maintained by a
community or subdivision to grow and harvest food
crops and non-food, ornamental crops, such as
flowers” (Section 34-2, Lee County Land Development
Code). The garden can be divided into separate plots,
be farmed collectively by a group, and may include
common areas for members use.
Rather than being a profit venture, community gardens
are used for personal and recreational use. St.
Petersburg stresses that community garden’s produce
is only for the consumption of friends/relatives of the
group or for donation to non-profit organizations.
Surplus products can only be sold off-premises.
Cincinnati expressly forbids on-site sales. Kansas City
permits on-site sales, but these are restricted to vacant
properties within a non-residential zoning district.
Minneapolis also allows retail sales, but restricts them
as a temporary use.
Figure 4 shows several jurisdictions that allow
community gardens. Lee County is the most restrictive
jurisdiction, allowing community gardens only in areas
with single family housing, multi-family housing, and
planned development zoning districts. The rest of the
municipalities allow community gardens in all zoning
districts with the exception of Seattle, which restricts it
as a conditional use in industrial zoning districts.
Community Gardens have started to sprout across Central Florida communities including Parramore (top pictures) and Pine Hills
Orange County Planning Division 9
Building and Zoning Standards
Most of the jurisdictions require that all
structures in community gardens comply with the
lot and building requirements of the zoning
district. Cincinnati recently updated Section 149-
41 of its Zoning Code, which governs the
establishment of community gardens across the
city.
Cincinnati recently updated Section 149-41 of its
Zoning Code, which governs the establishment of
community gardens across the city. The City
imposes several restrictions on community
gardens, including allowing a maximum of two
structures onsite (except fences and walls). The
square footage of all structures cannot exceed
800 square feet, and the maximum height is 15
feet. The City also imposes several setback
requirements for structures and refuse storage,
which vary if the garden is located on a corner lot.
Farms can also have one non-illuminated sign not
exceeding four square feet in total area and a
height of six feet from the ground. The ordinance
does not detail specific parking requirements for
community gardens.
Minneapolis requires community gardens to
comply with the provisions of the zoning district
where they are located. The City allows one non-
illuminated sign that is limited to four square feet
in size. On-site parking is limited to no more than
2 vehicles, unless they are parked within an
enclosed structure. Overhead lighting is
prohibited.
St. Petersburg requires all accessory structures and
signs to comply with building and lot requirements
set by the zoning districts. The City’s ordinance also
has specific setback requirements. Plantings have to
be at least five feet from the side and rear property
lines and ten feet from the front or street side
property lines. All gardens require permits, and the
zoning official may add further restrictions to the
use, depending on the characteristics of the site.
Lee County’s community garden ordinance permits
structures, like greenhouses, no greater than 15 feet
tall. The greenhouse’s square footage is excluded
from the maximum building coverage. The ordinance
also sets a maximum site size of two acres. All
structure setbacks are those set by the zoning
district. The ordinance includes a list of allowed
accessory structures that includes fences, benches,
picnic tables, garden art, and unpaved walkways.
Community gardens are required to have a sign that
includes the name of the garden and the principal
operator’s name and contact information. The size
of the sign may not exceed 6 square feet in size and
be taller than 4 feet. Fences can be up to 6 feet in
height. Finally, off-street parking is not required for
gardens that are less than 20,000 square feet. Larger
gardens require a low turnover parking area, which
must be maintained as a grassy area or in a dust-free
manner. No handicapped parking spaces are
required.
Sources: Codes of Ordinances for the cities of Cincinnati, Kansas City, Milwaukee, and Seattle Municipal Code
P=Permitted, CU=Conditional Use, N/A =Not applicable increased. In recent years, most of the incentives awarded were the Business Materials
Figure 3: Comparison of Community Gardens in Urban Zoning Districts
Jurisdiction
Zoning District Categories
Single Family
Residential
Multi Family Residential
Office Commercial Industrial Institutional Mixed Use
Other
Cincinnati P P P P N/A P P P
Minneapolis P P P P P N/A N/A P
Lee County P P N N N N N N
St. Petersburg P P P P P P P P
Kansas City P P P P P N/A N/A P
Seattle P P P CU
Orange County Planning Division 10
Kansas City and Seattle consider community
gardens in the same way they do urban
agriculture. The building and lot standards are
the same discussed in the previous section.
Community gardens in Kansas City can be
considered as an accessory use, so group
members are allowed to reside on the same lot
where the garden is located.
Several of these ordinances include
supplementary standards for community
gardens. Three ordinances stand out for their
comprehensiveness: Cincinnati, Lee County,
and St. Petersburg. Among the items regulated
This is where
This is where the
by these ordinances are hours of
operation, property maintenance, and
use of pesticides, fertilizer, and
mechanical equipment. Cincinnati allows
operation until 10 p.m.. Also to avoid
noise impacts, Cincinnati prohibits the
use of commercial or industrial farm
equipment. Lee County and St.
Petersburg regulate the hours of use of
mechanical equipment or prohibit the
use of gas powered equipment over 10
horsepower. All tools and supplies are
required to be stored in an accessory
structure (locked if it contains pesticides
and fertilizers) or removed from the property
daily. Both St. Petersburg and Lee County require
administrative approval of the community garden.
In Lee County, the application needs to include a site
plan, a notarized permission letter from the property
owner, and letters of no objection from adjacent
property owners. St. Petersburg requires community
garden permits to be renewed annually.
Composting An important component of urban agriculture and com-munity gardens is composting or the “process of convert-ing plant and animal was into useful soil additives” (UF-IFAS, 2010). Currently, the Orange County Zoning Code categorizes composting with wood chipping and mulching as commercial activities. It is allowed in A-1 and A-2 only as a special exception, and in all industrial zoning districts. The Zoning Code does not currently make distinctions for the scale of composting activity. Condition 96, which ap-plies to all of them, sets high standards for setbacks against residential areas, provides for landscaping provi-sions, and provides protections against particulates. Several of the studied jurisdictions allow composting as an accessory use for community gardens. Minneapolis pro-vides compost at a reduced rate to the community gar-dens directly through the city’s Solid Waste and Recycling Community Garden Compost Program. Other ordinances deal with it more directly. Cincinnati allows compost generated from onsite materials. The composting area needs to be enclosed to prevent water runoff from flowing into adjacent properties or the public right-of-way and to protect neighboring properties from odors and pests. They also have to be set back from property lines. Furthermore, the composting area is limited to 200 square feet of the site. St. Petersburg requires compost areas to be stored to the rear of center of the property, kept in an orderly fash-ion, and not produce any visual blight or odors.
Jurisdiction Site Development Standards
Lot and Building Requirements Special Setback Provisions Signage Parking
Cincinnati
Max. floor area: 800 Max. height 15 ft
Structures lot line setbacks: Front-10’ Min
Rear-3’Min/25 Max Side-3’Min Corner- 10’Min
Yes
N/A
Minneapolis Zoning District
No
Yes 2
Lee County
Zoning District Max Size: 2 acres
Max Height: 15 feet Max floor area: 5,000”
No Yes Varies
St. Petersburg Zoning District
Plantings property line setbacks: Side/Rear-5’
Min Front/Street side-10’ Min Yes N/A
Kansas City Zoning District
Max Height: 12’ Crop areas property line setbacks:
3’ Min Yes No
Seattle
Max floor area 1,000 sq ft.
Max. Height 12’
For attached green houses and so-lariums only, and the require-
ments vary. Yes No
Figure 4: Comparison of Building and Lot Standards for Community Gardens
Sources: Codes of Ordinances for Cincinnati, Kansas City, Minneapolis, and St. Petersburg, Lee County, and the Seattle Municipal Code.
Orange County Planning Division 11
38-77 Orange County Code). The code has a
similar use, which is an open air market.
Condition 110 of the Zoning Code explains than
an open air market, including a flea market,
“means multiple vendors and/or businesses
operating simultaneously who are exclusively or
privately engaged in wholesale and/or retail
sales where the operation is conducted
outdoors, where merchandise may be displayed
on temporary facilities and it is a separate use
from other operations” (section 38-79, Orange
County Code). This use is allowed only by special
exception in commercial and industrial districts
with conditions. While these uses are similar,
there should be an individual definition for
farmers’ markets in the Orange County Zoning
Code. However, this is not unique to our code.
Several of the cities studied for this report,
including Cincinnati, Portland, Kansas City and
Seattle, do not define farmers’ market in their
zoning codes, despite having them located
within their jurisdictions.
The City of Gainesville defines farmers’ markets
as a membership group of farmers engaged in
the sale of food and agricultural products that
are primarily local in origin, and crafts made
from materials gathered from a farm as part of
production incidental to the sale of food and
FARMERS’ MARKETS Besides production, food access is another
important part of the food systems. The
popularity of farmers’ markets has continued
to increase nationwide, as people seek fresh,
locally produced food. According to the
United States Department of Agriculture,
there are 6,132 farmers’ markets nationwide.
This represents an over 300 percent increase
in 15 years (Figure 7).
Sometimes farmers’ markets have problems
obtaining permits they need to operate. For
example, in Portland, up to 20 entities are
involved in the market permitting process.
The Crescent City Farmers’ Market in New
Orleans had to ask the Planning Commission
for an interim zoning district to allow
farmers’ markets in the City (Groc, 2008).
Local farmers’ markets can help boost local
agriculture efforts, ethnic food production
and distribution, and local entrepreneurship
by reducing overhead costs. For example,
some restaurants have started serving their
food at the local farmer’s market before
moving to a permanent location.
Furthermore, these markets could serve as a
source of fresh food in communities that do
not have direct access to supermarkets.
Definitions
Currently, the Orange County Zoning Code
does not have a farmers’ market use
classification in its Zoning Use Table (section
Figure 5:
shows the
Increase in
the number
of farmer’s
markets
operating
nationwide
from 1994
to 2010.
Orange County Planning Division 12
agricultural goods. Sales at farmer’s markets
are intermittent during a limited during a
limited time period but the market itself is
permanently located on public property or
right-of-way or on private property (Section
30-23, Gainesville Code of Ordinances). In
Little Elm Texas, in the Dallas-Forworth
metropolitan area, farmers’ market means an
area containing individual vendors who offer
fruits, vegetables, herbs, spices, edible seeds,
nuts, live plants, flowers and honey for sale.
This definition does include the sale of meat,
fish, poultry, eggs, refrigerated dairy
products, or home-canned or packaged
items, when the proper health rules and
regulations are followed and/or health
permit obtained (Section 106-33.5(1), Little
Elm Code of Ordinances). Minneapolis
defines a farmers’ market as a publicly or
privately operated, open-air establishment
where primarily agricultural products such as
raw vegetables, fruits, syrups, herbs, flowers,
plants, nuts or handcrafted items are sold.
Non-agricultural products can be sold, but
the area dedicated to such products cannot
occupy more than 25 percent of the total
sales area (Section 520.160, Minneapolis
Code of Ordinances).
Permitted Zoning Districts
Of all the cities described in the previous
sections of this analysis, only the City of
Minneapolis has a comprehensive overview
of farmers’ markets (Figure 8). The City
considers farmers’ markets as a commercial
use and allows it in two of its Office
Residence (OR1 and OR2) and Industrial (I1
and I2) zoning districts. Farmers’ markets are
also a permitted use in all the city’s
Commercial and Downtown Zoning districts.
Farmers’ markets are also allowed as a
temporary use for 75 days of the calendar
year. In the residential and OR1 districts,
temporary farmers’ markets are to be located
on institutional or public sites or on zoning
lots of not less than twenty thousand
(20,000) square feet. No temporary markets
are allowed in the I-3 zoning district.
Moreover, most cities tend to hold their
farmers markets in specific public locations,
rather than allowing them across the city.
However, staff was able to find other cities
that allow farmers markets at across their
jurisdictional boundaries. The City of
Gainesville does not have specific zoning
districts where farmers markets are allowed.
The City Ordinance permits the city manager
or his or her designee to authorize the
operation of a farmers’ market on public or
private property. The permit is revocable and
only for a year. The applicant would be
allowed to have a farmers’ market only two
days of the week. The City of Little Elm, in
Sources: Codes of Ordinances for the cities of Gainesville, Little Elm, Minneapolis, and Madison
P=Permitted, CU=Conditional Use, N/A =Not applicable increased. In recent years, most of the incentives awarded were the Business Materials
Figure 6: Comparison of Farmers’ Markets by Zoning Districts
Jurisdiction
Zoning District Categories
Single Family Resi-
dential
Multi Family Residential
Office
Commercial
Industrial
Institutional
Mixed Use
Other
Gainesville CU CU CU CU CU CU CU CU
Little Elm N N N CU CU CU N N
Minneapolis N N P P P N P n/a
Madison CU CU P P P N N n/a
Orange County Planning Division 13
the Dallas metropolitan area, also has a very
comprehensive farmers’ market ordinance.
The City allows farmers' market with a
specific use permit in the Light Commercial
(LC) and Light Industrial (LI-1 and LI-2) zoning
districts and on specifically designated parks
within the city limits. Finally, the City of
Madison (Wisconsin) also uses the
conditional use permit process to limit
farmers’ markets. Applicants need this type
of permit when they apply for R-1 (single
family residential district), R4L (limited
general residence district), R4A (limited
residential district), and R1-R (rustic
residence district) zoning districts. In these
zoning districts, farmers’ markets are only
allowed in the parking lots of non-residential
uses. The city allows farmers’ markets as a
permitted use on two of its office zoning
districts (O-3 and O-4), the general
commercial zoning district (C-2), and the
limited manufacturing zoning district (M-1).
Building and Zoning Standards
The City of Little Elm, Texas does not provide
any specific lot size requirements for farmers’
markets. Dumpsters need to follow town
regulations. The market can operate daily
year round and needs to have a market
manager. However, individual vendors need
to comply with several requirements. The
vendor space needs to be 10 x 10 feet and
can include electricity. Vending trucks can be
no larger than one ton (2,000 pounds). Each
vendor needs to have a sign identifying its
business, but the ordinance does not provide
size standards. Vendors are treated very
similar to peddlers. Vendors are required to
be licensed (30 days permit), comply with the
town’s health code, and have access to a
permanent toilet facility. In addition to these
requirements, the ordinance also restricts the
types of products and goods sold at the
market. Goods and products must be locally
grown or locally produced. Crafts and
personal care items are allowed with a
permit, but may not constitute more than 20
percent of the occupied vendor spaces.
The City of Gainesville requires a site plan
that shows the location of any tents in
relation to rights-of-way, sidewalks,
businesses, entryways to businesses, and any
other features that affect accessibility to the
site. The plan needs to show any tables,
display areas, or other equipment that will
not be under tents. Tents and other
structures or objects associated with the
farmers’ market, such as chairs, tables, or
displays, must be located a minimum of five
feet from the curb to not obstruct pedestrian
passage on any sidewalk. They shall not be
positioned within five feet of any crosswalk
or fire hydrant or block ingress or egress from
any building entrance or emergency exit.
They shall be a minimum of 25 feet from any
intersection. Tents require an annual permit
and when located on public property they
must be taken down each night. Finally, signs
need to meet the special events regulations
and each individual tent can have its
temporary banners. In addition to this, the
farmers’ market needs to comply with the
city’s noise ordinance.
The City of Minneapolis also requires the
submittal of a site plan. Canopies need to be
fastened so as to stay in place during
inclement weather. Canopies for temporary
farmer’s markets shall be removed during
days that the market is not open to the
public. Notwithstanding the sign
requirements for each zoning district, the
markets are allowed one square foot of
signage per one (1) foot of street frontage of
the zoning lot. One freestanding sign is
permitted per zoning lot. The maximum size
for freestanding signs is 54 square feet in
Orange County Planning Division 14
area and 14 feet in height. All other signs shall
not exceed 45 square feet in area and 14 feet
in height. Signs for temporary farmers’
markets can’t be installed permanently on the
site. The minimum parking space requirement
is 1 space per 2,000 sq. ft. of sales area, except
where approved as a temporary use. The
maximum parking allowed is 1 space per 200
sq. ft. of gross floor area, plus 1 space per 500
square feet of outdoor sales or display area.
The City of Madison, Wisconsin , regards
farmers’ markets as street vendors, and the
ordinance provides specific definitions that
separate arts and crafts vendors from food
vendors. All food vendors are required to
obtain a food and drink permit and a mobile
restaurant base license and operate from a
licensed restaurant for food preparation, food
storage, and utensil cleaning activities. They
are licensed to sell only the personally-
prepared food items indicated on the face of
the license from one assigned food vending
site. Handcrafted goods are those goods
produced and created entirely by an arts and
crafts vendor, with his or her own hands, from
raw or basic materials changing these
materials into a significantly different shape,
design, form, or function (Section 9.13(6)(e)3 ,
Madison Code of Ordinances) . The city does
Figure 3- Since the renewal of the Enterprise Zone program in 2005, the estimated incentives awarded to Orange County Enterprise Zones businesses significantly increased. In recent years, most of the incentives awarded were the Business Materials Sales Tax Refunds.
Agricultural Uses in Rural Settlements One special case for food uses is the County’s Rural Settlements. As mentioned in the beginning of this docu-ment, the Planning Division has recently received applications from residents to allow some agricultural uses on their properties. The Orange County Zoning Code allows agricultural uses in the following zoning districts: A-1 (Citrus Rural District), A-2 (Farmland Rural District), A-R (Agricultural-Residential District), R-CE (Country Estate District), R-CE-2 (Rural Residential District), and R-CE-5 (Rural Country Estate District). While these are the predominant zoning districts in most Rural Settlements, staff found that there are more than 2,000 parcels with single-family residential and residential urban zoning classifications. The owners of these parcels are un-able to have agricultural uses within their parcels, unless they “downzone” to an agricultural zoning district.
The table above shows the predominant residential zoning districts in Rural Settlements. There are almost 2,500 parcels with Single Family Dwelling (R-1, R-1A and R-1AA), Residential Urban District (R-1AAA and R-1AAAA), and Residential District (R-2) zoning designations. Only 8 percent of these parcels are at least one acre in size. Based on this search, the number of parcels impacted by any prospective change would be minimal. Therefore, Orange County may consider allowing selected agricultural uses on single family residential zoning districts on some Rural Settlements.
Single-Family Residential Zoning Districts
Number of Parcels 1 acre>
R-1 (Single-Family Dwelling District) 41 41
R-1A (Single-Family Dwelling District) 1,597 80
R-1AA (Single-Family Dwelling District) 461 36
R1-AAA (Residential Urban District) 4 0
R1-AAAA (Residential Urban District) 121 26
R-2 (Residential District) 178 13
Total Parcels 2,402 196 Source: Orange County GIS, May 2010
not seem to have any specific conditions for farmer’s markets, but they probably need to
comply with the standards set by each zoning district.
Orange County Planning Division 15
RECOMMENDATIONS
The demand for urban agriculture projects, has
increased nationwide in response to the recent
food recalls, the need to revitalize old areas, and
people’s desire to be more connected with the
food production process. Zoning regulations,
which are based on the strict separation of uses,
often are an impediment to these goals. As
reported here though, several jurisdictions have
begun to temper some of their regulations to
define food uses and allow limited agricultural
uses in urban and suburban areas. Based on the
current analysis, staff has the following
recommendations for changes to the Orange
County Zoning Code to enhance food systems
and support food-related businesses in Orange
County.
Add and define the following food uses to the
Zoning Code: urban agriculture, community garden,
and farmers’ market. Urban agriculture could be
defined as the raising of plants or their products for
sale including, but not limited to, floriculture, nursery
crops, fruits, and vegetables in non agricultural land.
This definition excludes citrus trees grown outside of
nurseries4 and food processing activities.
Community gardens could be defined as an area of
land managed and maintained by a community or
subdivision to grow and harvest food crops and non-
food, ornamental crops, such as flowers,
for the consumption of friends/relatives
of the group or for donation to non-
profit. Gardens may be divided separate
plots for individual cultivation, and may
include common areas maintained by
the group
Farmers’ markets could be defined as an
a publicly or privately operated, open-air
area containing individual vendors who
sell fruits, vegetables, herbs, spices,
edible seeds, nuts, live plants, flowers
and honey. Non-agricultural products
can be sold, but the area dedicated to
such products should not occupy more
than 25 percent of the total designated
sales area for the market.
Explore allowing food uses in
appropriate zoning districts as per
Figure 7.
Agriculture would be and allowed use in
properties with single family (R-1, R-1A,
R-1AA) and residential (R-1AAA, R-1AAA,
R-2) zoning designations that are located
within a Rural Settlement, and at least 1
acre in size. Urban agriculture
Figure 7: Recommended Permitted Uses Table for Food Uses
Uses Per Zoning Code
Zoning Districts
Residential
Non-Residential
Neighborhood
R-1AAAA R-1AAA R-1AA R-1A R-1 R-2 R-3 C-1 C-2 C-3 NC NAC NR
Urban Agriculture P* P* P* P* P* P* SP P P P P P
Community Gardens P P P P P P P P P P P P P
Farmers’ Market P P P P
P=Permitted, SP=Special Exception * Only within Rural Settlements
Orange County Planning Division 16
operations would be permitted as a special
exception on the C-1 (retail commercial) zoning
district. They will be a permitted use in the
other commercial zoning districts (C-1 and C-2)
and the neighborhood districts (NR, NC, and
NAC). Also, onsite sales would not be allowed in
any of the residential zoning districts and the
Neighborhood Residential (NR) zoning district.
The Zoning Manager would decide how to treat
zoning and land use inconsistencies just like he
does now.
Staff recommends that community gardens be
allowed in the residential, commercial, and
neighborhood zoning districts specified on
Figure 7. A community garden must not be
larger than 1 acre in size. It is also
recommended that zoning staff require a site
plan for the community garden and create an
ordinance that addresses hours of operation,
parking, noise, and chemical use, similar to the
ordinances described in this report. In addition,
composting should be allowed in association
with community gardens, as long as it is done
within closed containers, from waste generated
on site, and is sited at least 20 feet from side
and rear property lines. The community gardens
should also provide a minimum of two spaces
of unimproved parking.
Finally, farmers’ markets should be allowed on vacant
land and the parking lots of properties zone C-2 and C
-3(where it will be considered a temporary use).
Moreover, farmers’ markets should be allowed in the
Neighborhood Commercial and Neighborhood
Activity Center zoning districts to allow Holden
Heights’ residents better access to fresh food.
Applicants would be required to submit a site plan
showing the location of vendors and parking spaces.
Individual vendors should be issued a peddler’s
license, and must comply with Department of Health
requirements.
End notes 1. The ReNEW (Residents & Neighborhoods Empowered to Win) grant program is an initiative created by the Board of County Commissioners to revitalize and beautify Orange County Neighborhoods. This program supports and assists citizens and organizations with their efforts to improve the physical and social qualities of neighborhoods. 2. The home garden is defined as one that is maintained by one or more individuals who reside in a dwelling unit located on the subject property. The community garden is an area of land managed and maintained by a group of individuals to grow food. Finally, a CSA differs from a community garden, in that products are harvested for shareholder consumption. 3. Row crops, which include grain, fruit, and vegetable plants grown in rows. These are not permitted on the front yard of residential and occupied properties, except those zoned Rural Single-Family (R-80) (Section 88-312-02A, Kansas City Zoning Code).
4. Unattended citrus groves in urban areas have been pointed as sources for the spread of canker and other citrus diseases.
Orange County Planning Division 17
References
Cepeda, N. C, . City Folk getting taste for farming. Union-Tribune , retrieved on August 17, 2011 from http://www.signonsandiego.com/news/2010/jun/24/city-folk-get-taste-rural/
Cincinnati Code of Ordinances. (Ohio). Chapter 14. Retrieved on August 2, 2010 from www.municode.com
Gainesville Code of Ordinances.(Florida). Chapter 30. Retrieved on August 2, 2010 from www.municode.com
Groc, Isabelle. 2008. “Growers’ Gamble.” Planning, March.
Groves, Martha. Pocket farm could end up dying on the vine. Los Angeles Times. Originally published on July 31, 2009. Retrieved on September 28, 2010 from http://articles.latimes.com/2009/jul/31/local/me-pocket-farm31/2
Kansas City Code of Ordinances. (Missouri). Chapter 80. Retrieved on August 2, 2010 from
www.municode.com
Lee County Land Development Code. (Florida). Chapter 34. Retrieved on August 2, 2010 from www.municode.com
Little Elm Code of Ordinances. (Texas). Chapter 106. Retrieved on August 2, 2010 from www.municode.com
Madison Code of Ordinances (Winsconsin). Chapters 9 and 28. Retrieved on August 2, 2010 from www.municode.com
City of Milwaukee Zoning Code. (Winsconsin). Retrieved on August 2, 2010 from www.mkedcd.org/czo/Minneapolis Code of Ordinances. (Minnesota). Retrieved on August 2, 2010 from www.municode.com
Orlando Farmers’ Market Photo. Retrieved on August 17,2011 from http://www.yelp.com/biz_photos/IR7sRvHFNAiPLni0sOZewg?select=lEfRsZh-1GsltEXUl0DbHw
Orange County Code of Ordinances. (Florida). Chapter 38. Retrieved on May 6, 2010 from www.municode.com
Orange County Planning Division. Rezoning Recommendation Report Book [electronic copy]. February, 2008
Orange County Planning Division. Rezoning Recommendation Report Book [electronic copy]. September 2009
Portland Planning and Zoning (Zoning Code). (Oregon). Retrieved on May 6, 2010 from http://www.portlandonline.com/bps/index.cfm?c=43831
Seattle Municipal Code. (Washington). Chapter23. Retrieved on August 2, 2010 from www.municode.com
Saint Petersburg Code of Ordinances. (Florida). Chapter 16. Retrieved on August 2, 2010 from www.municode.com
United States Department of Labor Occupational Safety & Health Administration. Statistics and Data. Data Retrieved on May 27, 2010 from http://www.osha.gov/pls/imis/sicsearch.html?p_
University of Florida Institute of Food and Agricultural Sciences. fyn.ifas.ufl.edu/glossary.html
The Diggable City: Making Urban Agriculture a Planning Priority. (2005). Portland State University
Todd Heisler. Denniston Wilks farms in East New York, Brooklyn. Originally published on the New York Times Online. Retrieved on December 13, 2010 from www.takeabite.cc/.../2008/08/23064333.jpg