food zoning paper

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.

http://www.orangecountyfl.net/Portals/0/Resources/Internet/DEPARTMENTS/Growth_Management/Planning/research/FoodProductionWhitePaperFinal.pdf

mailto:[email protected]


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.


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.

http://www.growingpower.org/index.htm


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


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


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.


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



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


Single 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


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.


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.


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


Single Family Resi-

dential


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


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).


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


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.


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


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.


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

http://www.municode.com


http://articles.latimes.com/2009/jul/31/local/me-pocket-farm31/2

http://articles.latimes.com/2009/jul/31/local/me-pocket-farm31/2







http://www.portlandonline.com/bps/index.cfm?c=43831

http://www.portlandonline.com/bps/index.cfm?c=43831



http://www.osha.gov/pls/imis/sicsearch.html?p_

http://www.osha.gov/pls/imis/sicsearch.html?p_

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food zoning paper

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