(fact sheet and other files)

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URBAN AG ADVOCACY needs your support.
(Kansas City,Missouri -April,2010)

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URBAN AG FACT SHEET
(KCMO -April,2010)

Urban Agriculture and the Zoning and Development Code

March 2010 (Kansas City,Missouri)

Background:

A group of 20 to 30 persons has met regularly since October to discuss and formulate changes to the City’s zoning and development code (Chapter 88) that will enable urban agriculture in residential districts. This effort involves only the growing of crops,including the ability to sell or distribute crops on the residentially zoned property and have shareholders,apprentices,employees,or volunteers work on the site. A separate effort may result in revision of the City’s Animal Code (Chapter 14).

Current code:

Kansas City’s “old” zoning ordinance has,for many years,allowed certain agricultural uses in any zoning district – residential,commercial,or manufacturing as follows:

80-41 Authorized uses in R-1 (single-family) districts

(then carrying through to all districts)

(2) a. “Agriculture,nurseries and truck gardening for the propagation and cultivation only of plants,provided no retail or wholesale business shall be carried on upon the premises so used,and provided further that no obnoxious fertilizer is stored upon the premises and no obnoxious soil or fertilizer renovation is carried on upon the premises.”

This permits an individual or individuals to use an undeveloped or vacant lot within the city for agricultural use,to grow crops that will be sold. The operators need not own the land. Because the lot is vacant or undeveloped,without a house or building being the principal use,agriculture is considered the principal use. This may involve plowing,planting,and harvesting as a principal use in a residential district. The crops would then be taken off-site and sold in a commercially zoned area.

Conversely,if a lot contains a residence or other building,a commercial garden planted on the site then becomes a secondary use and has been considered a home occupation. Only residents living on the site could work in the garden. As in agriculture,crop,no products could be sold from the site.

Various agricultural districts within the code permit agricultural related uses and sales and do not need revision.

The “new” development code which goes into effect June 1 defines “agriculture,crop” as “The use of land for the production of row crops,field crops,tree crops,timber,bees,and apiary products,or fur-bearing animals.” (Struck through text proposed to be deleted.)

Proposed ordinance (explanation in green italics):

88-372 Agriculture

88-372-01Crop Agriculture

88-372-01-A. General

An area of land managed and maintained by an individual or group of individuals to grow and harvest food crops and horticultural products (including flowers,trees,and bees and apiary products) for off-site sale in locations where retail sales are an allowed use. Agriculture,crop may be a principal or accessory use.

Agriculture,Crop is essentially the category that has permitted growing and harvesting of crops in any district in the city,including residential,for many years. One might say that Kansas City has been ahead of many cities by permitting this. Agriculture,crop is allowed on a vacant lot or parcel,where there is not a home or building. This has allowed an individual or individuals to farm a vacant lot or parcel,regardless of the zoning.

(Note:If there is a home or other building on a lot or parcel,the home or building becomes the principal use and the agricultural use becomes the secondary use. This has been determined to be a ‘home occupation’;therefore,employees or on-site sales are not allowed).

1.Crop Agriculture Standards

(a)Garden and farm-related buildings and structures must comply with the accessory structure setback requirements that apply in the subject zoning district (See 88-305). Crop areas must be set back at least 3 feet from all property lines. The required setback must be covered with ground cover plants,which may include grasses.

(b)In residential districts,garden and farm-related buildings and structures may not exceed 20 feet in height. In other districts,they are subject to principal building height limits.

(c)In residential districts,the combined building footprint (ground level building coverage) of all garden and farm-related buildings,excluding greenhouses and hoophouses,may not exceed 15% of the lot area.

(d)In residential districts,off-street parking is allowed only on lots exceeding 15,000 square feet in lot area. Allowed parking areas may not exceed 10% of the lot area and must be surfaced in accordance with provisions of Chapter 52 Parking Stations of the City Code. Walkways must be unpaved except as necessary to meet the needs of individuals with disabilities.

(e)Fencing must be in accordance with provisions of Chapter 27 Fences and Walls of the City Code.

2.Special Use Permit Required for On-Site Sales

In zoning districts R-10,R-7.5,and R-6.0,on-site sales of food and horticultural products grown on the crop agriculture property may be allowed if reviewed and approved in accordance with the special use permit procedures of Article 88-525.

3.Temporary Use Permit Required for On-Site Sales

In zoning districts R-5 through R-0.3,on-site sales of food and horticultural products grown on the crop agriculture property may be allowed if reviewed and approved as a temporary use in accordance with the procedures of Article 88-370.

88-372-02Urban Agriculture

The Urban Agriculture section is new,as are the categories of Home Garden,Community Garden,and Community Supported Agriculture (CSA).

88-372-02-A.Home Garden

A garden maintained by one or more individuals who reside in a dwelling unit located on the subject property. Food and horticultural products grown in the home garden may be used for personal consumption or for donation or sale on-site. A home garden is an accessory use to a principal residential use.

Home Garden is included to acknowledge the home garden and clarify that although not previously codified,a home garden has always been permitted in Kansas City. Ordinances do not dictate placement of the garden,whether front,side,or rear yards. However,some neighborhoods and homes associations may have restrictions and covenants pertaining to home gardens.

88-372-02-B.Community Garden

An area of land managed and maintained by a group of individuals to grow and harvest food and horticultural products for personal or group consumption or for sale or donation. A community garden area may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. A community garden may include common areas (e.g.,hand tool storage sheds) maintained and used by the group. Community garden group members may or may not reside on the subject property. Sales and donation of food and horticultural products grown in the community garden may occur on-site. A community garden may be a principal or accessory use.

Community Garden also has not previously been codified,but has been a permitted use in Kansas City. There are many community gardens throughout the city.

88-372-02-C.Community Supported Agriculture (CSA)

An area of land managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for shareholder consumption or for sale or donation. Under the CSA model,shareholders may arrange to work on the farm in exchange for a share of the crops and/or pay for a portion of the crop in advance. A CSA may be a principal or accessory use.

Community Supported Agriculture also has not previously been codified. There are a few CSAs in Kansas City. They may have operated legally under the “Agriculture,Crop” category as long as they did not have employees (including shareholders) and did not distribute produce or sell from the site. The proposed ordinance will allow a CSA to be a principal or accessory use of the land. In addition,shareholders may work and pick up produce on the farm. If a CSA desires to sell from the site,a special use permit is required for farms located in single-family residential districts,and a temporary use permit is required for those in other residential districts.

1.Community Supported Agriculture (CSA) Standards

(a)Garden and farm-related buildings and structures must comply with the accessory structure setback requirements that apply in the subject zoning district (See 88-305). Crop areas must be set back at least 3 feet from all property lines. The required setback must be covered with ground cover plants,which may include grasses.

(b)In residential districts,garden and farm-related buildings and structures may not exceed 20 feet in height. In other districts,they are subject to principal building height limits.

(c)In residential districts,the combined building footprint (ground level building coverage) of all garden and farm-related buildings,excluding greenhouses and hoophouses,may not exceed 15% of the lot area.

(d)In residential districts,off-street parking is allowed only on lots exceeding 15,000 square feet in lot area. Allowed parking areas may not exceed 10% of the lot area and must be surfaced in accordance with provisions of Chapter 52 Parking Stations of the City Code. Walkways must be unpaved except as necessary to meet the needs of individuals with disabilities.

(e)Fencing must be in accordance with provisions of Chapter 27 Fences and Walls of the City Code.

(f)Shareholders may pick up produce at the site and may work at the site.

2.Special Use Permit Required for On-Site Sales

In zoning districts R-10,R-7.5,and R-6.0,on-site sales of food and horticultural products grown on the CSA property may be allowed if reviewed and approved in accordance with the special use permit procedures of Article 88-525.

A special use permit is first reviewed by the City Plan Commission,which then forwards a recommendation to the Board of Zoning Adjustment for final decision.

3.Temporary Use Permit Required for On-Site Sales

In zoning districts R-5 through R-0.3,on-site sales of food and horticultural products grown on the CSA property may be allowed if reviewed and approved as a temporary use in accordance with the procedures of Article 88-370.

A temporary use permit is administratively reviewed and approved by the Director of City Planning and Development.

Districts/Uses

P = Permitted,subject to compliance with use standards;

S = Special Use,allowed if reviewed and approved as a special use per 88-525 and subject to compliance with use standards;

– or uses not listed in this table = Prohibited;

T = Temporary Use,allowed if reviewed and approved as a temporary use per 88-370 and subject to compliance with use standards.

Residential

Table 110-1

Residential Districts Use Table

Office,Business and Commercial

Table 120-1

Office,Business and Commercial Districts Use Table

Downtown

Table 130-1

Downtown Districts Use Table

Manufacturing

Table 140-1

Manufacturing Districts Use Table