ChangeLab Solutions On-Site Sales Memo
Prepared by ChangeLab Solutions for the Sacramento Urban Agriculture Coalition looking at whether cities with urban agriculture ordinances in place have experienced neighbor conflict or complaints about residential sales.Their conclusion? Nope.
Content
2201 Broadway, Suite 502
Oakland, CA 94612
510.302.3380
changelabsolutions.org
Memorandum
To: Matt Read, Sacramentans for Sustainable Community Agriculture
From: Heather Wooten, ChangeLab Solutions
Subject: On-site urban agriculture sales in South Sacramento
Date: 27 February 2015
BACKGROUND
Within California and across the country, an increasing number of jurisdictions are allowing for on-site
sales of produce grown through urban agriculture initiatives. These initiatives include home gardens,
community and school gardens, and urban farms. Because many of these sites are in residential areas,
there is concern among some that the retail activities create problems with noise, traffic, or other
nuisances.
The purpose of this memorandum is to provide Sacramento BHC with information about the state of
practice for on-site urban agriculture sales. It provides an overview of the experience of eleven (11)
jurisdictions where on-site urban agriculture sales are legal, highlighting successes, challenges, and
lessons learned. The memo concludes with a glimpse into community benefits made possible by allowing
on-site urban agriculture sales.
Survey of the field
The bulk of the information for this memo was collected through questions posed to two listservs:
ComFood and Food Policy Council. The main question posed was, “What kinds of observations have you
made since urban ag sales have been allowed?” The question was left open to encourage unique and
detailed answers; however, respondents were primed for feedback about complaints.
Several people responded to engage in discussion beyond the main question. Some of the follow-up
questions from those dialogues included:
What kind of feedback have you received from the community about on-site sales?
What kind of feedback have you received from growers about on-site sales?
Have you received any complaints about urban ag sales?
Did any issues or problems arise that have already been resolved?
Telephone and listserv requests for feedback from areas where on-site urban agriculture sales are legal
yielded input from planners, code enforcement officers, non-profit garden managers, and farm operators.
They worked in cities of all sizes, in all regions of the country.
ChangeLab Solutions is a nonprofit organization that provides legal information on matters relating to public health.
The legal information in this document does not constitute legal advice or legal representation. For legal advice,
readers should consult a lawyer in their state.
Respondent cities
The locations and roles of those who provided input include the following:
San Francisco: Senior Planner, Planning Department
Maricopa County, AZ: Food System Coordinator, Maricopa County Department of Public Health
Salt Lake City, UT: Sustainability Program Manager, Division of Sustainability and the
Environment
Fort Collins, CO: Senior Environmental Planner, City of Fort Collins
Austin, TX: (Former) Planner, City of Austin
Saint Paul, MN: Coordinator, Statewide Health Improvement Program, Minnesota Department of
Health
Cleveland, OH: Director of Planning, City of Cleveland
Asheville, NC: Member, Asheville-Buncombe Food Policy Council
Philadelphia, PA: Director, Garden Justice Legal Initiative, Public Interest Law Center of
Philadelphia
Tallahassee, FL: Co-Owner and Sales Manager, Ripe City Urban Farm
Portland, ME: Manager of Food Access Programs, Cultivating Community
Findings also include information from a sampling of California jurisdictions that allow on-site urban
agriculture sales.
FINDINGS
No complaints
Despite this wide variation in circumstances, none reported that there had been complaints of any kind
from neighbors about on-site sales. On the contrary, several reported that their neighbors were happy to
find another source of fresh produce. Only one jurisdiction – Austin, TX – reported any community
resistance during the process of amending the municipal code to allow on-site urban agriculture sales. By
finding an acceptable compromise that allowed urban agriculture sales but preserved the character of a
historic residential community, the City of Austin was able to resolve this issue and has not since had any
complaints related to on-site sales.
State of practice
Most respondents’ cities had made significant changes to their laws governing agriculture within the past
five years. Some cities overhauled many zoning ordinances and permitting requirements related to urban
agriculture all at once and included provisions for sales in this suite of changes. San Francisco is one
example of this: the Urban Agriculture Zoning Ordinance allows food-growing projects on less than one
acre to be established in any zone in the city. Projects larger than one acre, designated as “large-scale
urban agriculture,” are allowed in industrial areas, and by permit elsewhere. The ordinance allows sales at
all types of urban agriculture sites.1 A Senior Planner in the city’s Planning Department said there have
been no known complaints regarding on-site produce sales since this ordinance passed.
Other cities expanded urban agriculture first and then, later, made changes to allow on-site agricultural
sales in residential areas. A Senior Environmental Planner in Fort Collins, CO remarked that home garden
sales had previously been allowed:
“We did change the code [to allow market gardens/farm stands in residential areas], but
sales from produce grown at your home or even for business purposes has always been
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allowed. Now, if a license is required, we just need sales to be located on a site plan,
but no complaints in either the broader context or from more formal operations. People
love the sales/farm stands!”
There is no unified set of “best practices” governing on-site urban agriculture sales. It is difficult to know
which regulations may be useful and which are burdensome because they have all been implemented
relatively recently. However, several common themes arose in the responses received.
Garden-grown produce
Several cities’ ordinances contain provisions to limit sales to produce. Many cities and states, including
California,2 have fewer regulatory requirements for selling fresh, uncut produce than for the sale of other
goods. As such, it is important for these jurisdictions to ensure other products are not being sold under
agricultural provisions. Saint Paul, MN limits sales to food and horticultural goods grown on the site. 3
Asheville, NC’s municipal code stipulates that goods sold at seasonal farm stands must be grown on the
property or made from goods grown there.4 In Cleveland, OH, the produce must be grown on the
property or within 1000 feet of the property, with an allowance for prepared food to be made off-site, so
long as the “principal ingredients” are grown or produced on the grower’s property. 5
Other jurisdictions have given community gardens more leeway. In Salt Lake City, UT, any locally grown
products may be sold if they are “generally associated with a community garden.” 6 Similarly, Portland,
ME’s provisions for community gardens managed by non-profits allows growers to sell produce from
other local gardens:
If the community garden is owned or operated by a non-profit organization, sales of
flowers, vegetables, herbs or fruit produced in other gardens or farms in Maine
owned or operated by said organization shall be permitted within the same limitations
listed above.7
In an effort to ensure that only fresh, local produce is sold at urban agriculture sites, some jurisdictions
stipulate that farm stands must be seasonal in nature. In Asheville and Salt Lake City, a farm stand must
be a seasonal, temporary use.8,9 In Portland, farm stands may sell produce during the “growing season
from May 25 through October 31.”10
Preserving residential character
Some cities take precautions to limit the effect of business activity on neighbors in a residential area. This
may include regulations that limit how “visible” the business is to other residents.
Several cities set forth parking provisions to avoid traffic issues when customers come to a residential
area to buy produce. Asheville requires market stands to provide off-street parking for up to five
vehicles.11 In Fort Collins, CO, urban agriculture land uses must “provide additional off-street vehicular
and bicycle parking areas adequate to accommodate parking demands created by the use.” 12 In Cleveland,
where gardeners must seek Board of Zoning Appeals approval to obtain a license for a farm stand on their
property, “the availability of off-street or on-street parking to serve the farm stand use” is one of the
criteria that the Board considers.13
Other jurisdictions set limits on the amount or type of signage that can be used to advertise the sale of
garden-grown produce in residential areas. Saint Paul limits identification signs to six square feet. 14 In
Salt Lake City, signs may be no more than 50 feet from the seasonal farm stand. 15
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Most places allow farm stands in all zones where urban agriculture is permitted, including residential
zones. Some, like Portland, allow a properly permitted farm stand to stay in place year-round. 16 Others,
like Cleveland, require that the stand be removed when the on-site sales season is over.
The exception to this rule is Austin. A former city planner at the City of Austin, recounted the story of
how she and other planners balanced conflicting community interests when Austin was preparing to allow
on-site produce sales in residential neighborhoods:
“During the code update process, the community was split. Some, primarily MexicanAmerican historic residents of East Austin, protested the creation of the market garden
use and legalization of sales, claiming that it represented the commercialization of
residential neighborhoods. These community members feared that market gardens
would open the floodgates to the destruction of the single-family character of East
Austin. They requested that we enact a moratorium on new urban farms, set a limit on
urban farm sales for existing urban farms 1-5 acres in size, and not create the new use
of market gardens or legalize any sales on sites less than 1 acre in size.
Others, primarily white and newer residents, were strongly in favor of the update,
saying that it represented progressive community change, neighborliness, supports
local commerce, and is in alignment with a new Texas cottage industry law that allows
for people to sell value-added food products from their home, provided they gross less
than $50k/year doing so. Allowing for vegetable sales allows folks to sell "not just the
pickle, but also the cucumber," as one local food proponent quipped.
We did want to respect and protect neighborhood character, so we aligned our
recommendation with an existing home business ordinance, and set a limit of 3 salesrelated car trips per day to market gardens. They cannot have a farm stand, and must
conduct business out of sight…
The code passed in November 2013. I checked with my contacts in Austin, who reported
that there have been no complaints or calls about market gardens or on-site sales in
general--thankfully!”
Hours of operation
Noise occasionally comes up in municipal codes with regard to agricultural activities, but by limiting the
hours on-site sales can occur seems like the most common way of preventing complaints. Some cities,
like San Francisco,17 Saint Paul,18 and Portland,19 set specific hours for sales. These hours tend to be
approximately dawn to dusk. In Asheville,20 gardeners and farmers propose hours of operation for their
agricultural activities in their Site and Operations Plan.
In addition to – or instead of – limiting the hours on-site sales can take place, some cities limit the number
of times per week sales can occur. Portland limits on-site sales to two days per week. 21 San Diego, CA
limits community gardens in residential areas to once-a-week sales; gardens in industrial or commercial
zones do not have this limitation.22 Saint Paul sets different limits on frequency of on-site sales in
residential districts based on lot size: gardens of at least one acre may have on-site sales twice per week,
while sales at smaller lots are limited to three times per year.23
Other areas do not specify when sales may take place. For example, market stands may be open up to
seven days a week in Asheville.24 Philadelphia allows for “incidental” sales at community gardens but
does not specify what frequency that term implies. 25 Despite the somewhat vague definition, the Director
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of the Garden Justice Legal Initiative at the Public Interest Law Center of Philadelphia (PILCOP) said,
“It’s not an issue that I’ve seen come up since implementation.”
At the other end of the spectrum, Arizona has none of these regulations. Rather, it has a statute that
expressly prohibits restrictions on sales by food producers:
The producers of food products on agricultural lands, farms and gardens shall never
under any pretext be denied or restricted the right to sell and dispose of their products,
except in the manner and to the extent provided in this article, and subject to inspection
by lawful authority when the inspection is uniform as to the same product and without
cost to the producer.26
A Food Systems Coordinator at Maricopa County Department of Public Health in Arizona, had this to say
about why she thought people had not complained (to her knowledge) about on-site sales of gardengrown produce in residential areas:
“I do not think the general public would be particularly aware of the laws, but I do
think that whatever ‘good neighbor’ outreach that community gardens and backyard
growers do to make friends with their neighbors could include some kind of potluck on
site, garden tours or other ways to demystify what is going on in the garden, so that
when the street is full of cars for produce sales (hopefully)! the neighbors take some
pride in what is going on, rather than create complaints. Many neighborhoods have
garage sales, or sports activities/events at the schools that fill the streets with cars on a
regular basis and nobody bats an eye.”
Opportunities
While certain requirements may be worthwhile to include in a provision allowing on-site urban
agricultural sales depending on the needs of the community, it bears repeating that no one responded that
they had received complaints regarding on-site agricultural sales. Several respondents did note that while
they had received plenty of community feedback, it had been uniformly positive:
I am not aware of any complaints regarding us selling produce on-site; in fact I think
we're received the opposite reaction from our neighbors who are thankful they don't
have to go far to buy produce!
Co-Owner and Sales Manager at Ripe City Urban Farm, Tallahassee, FL
As the nonprofit organization running the stands, we've received a lot of positive
feedback from customers, but I'm not entirely sure that the community has connected
the presence of the farm stands with any action or decision that the City made.
Manager of Food Access Programs at Cultivating Community
The responses yielded two concrete examples of community benefits derived from expanded on-site
agriculture sales. In Portland, on-site sales provided a two-fold benefit: an opportunity for youth
development, and enhanced food security for residents in need:
“Our urban ag site was right next to one of our community gardens. This site was used
to teach youth how to grow food that was then delivered to seniors living in low income
housing.”
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Manager of Food Access Programs at Cultivating Community
New York City has also recognized the potential of urban agriculture as a tool for economic development.
The GreenThumb Program, New York’s city-run community garden program, recently offered microgrants to gardeners in the GreenThumb program who want to establish farmers’ markets in areas where
healthy food is inaccessible. The Request for Proposals required at least 10% of the produce to be grown
in GreenThumb community gardens.27
Conclusion
Allowing participants in urban agriculture projects to sell their produce on-site does not appear to be
connected to any discernible increase in complaints by neighbors. Community support of on-site sales
seems strong based on the stories collected to inform this memo. Sales of home- or garden-grown produce
are part of the fabric of many types of communities across the country. Some cities see them as a
promising opportunity for economic development. While the needs of local residents should always be
assessed before crafting legislation, on this issue, the community benefits reported outweigh any
perceived drawbacks.
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APPENDIX: URBAN AGRICULTURE ORDINANCES IN
CALIFORNIA
LOCATION
San
Francisco
POINT OF CONTACT
Diana Sokolove
Senior Planner
Planning Department
[email protected]
MUNICIPAL CODE LANGUAGE
102.35. URBAN AGRICULTURE
Urban Agriculture shall be defined as follows:
a. Neighborhood Agriculture.
A use that occupies less than 1 acre for the production of
food or horticultural crops to be harvested, sold, or
donated and comply with the controls and standards
herein. The use includes, but is not limited to, home,
kitchen, and roof gardens. Farms that qualify as
Neighborhood Agricultural use may include, but are not
limited to, community gardens, community-supported
agriculture, market gardens, and private farms.
Neighborhood Agricultural use may be principal or
accessory use. Limited sales and donation of fresh food
and/or horticultural products grown on site may occur on
site, whether vacant or improved, but such sales may not
occur within a dwelling unit. Food and/or horticultural
products grown that are used for personal consumption
are not regulated. The following physical and operational
standards shall apply to Neighborhood Agriculture:
1. Compost areas must be setback at least 3 feet
from dwelling units and decks;
2. If the farmed area is enclosed by fencing, the
fencing must be: (A) wood fencing, (B)
ornamental fencing as defined by Planning Code
Section 102.32, or (C) chain-link or woven wire
fencing if over half of the fence area that borders
a public right-of-way will be covered by plant
material or other vegetative screening within
three (3) years of the fence installation;
3. Use of mechanized farm equipment is generally
prohibited in residential districts; provided,
however, that during the initial preparation of the
land heavy equipment may be used to prepare
the land for agriculture use. Landscaping
equipment designed for household use shall be
permitted;
4. Farm equipment shall be enclosed or otherwise
screened from sight;
5. Sale of food and/or horticultural products from
the use may occur between the hours of 6 a.m.
and 8 p.m.;
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6. In all districts, sales, pick-ups, and donations of
fresh food and horticultural products grown onsite are permitted. In every district except
“Residential Districts,” value-added products,
where the primary ingredients are grown and
produced on-site, are permitted.
Oakland
Heather Klein
Planner III
City of Oakland
(510) 238-3659
[email protected]
San Jose
Rich Buikima
Code Enforcement
City of San Jose
[email protected]
v
San Diego
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S.F., Cal., Planning Code § 102.35 (2015).
17.10.610 Crop and animal raising Limited
agricultural activities.
Crop and Animal Raising Limited Agricultural Activities
include the cultivation on the premises of fruits,
vegetables, plants, flowers, herbs, and/or ornamental
plants intended to produce food, fibers, or other plant
products for on- or off-site sale. This classification also
includes certain activities accessory to the above, as
specified in Section 17.10.040. This classification does
not include the keeping, grazing, or feeding of animals,
except for bee keeping involving no more than three (3)
hives; the use of any heavy mechanized farming
equipment; or any activity classified in Section 17.10.600
Plant Nursery Agricultural Activities.
Oakland, Cal., Planning Code § 17.10.610 (2014).
20.200.798 - Neighborhood agriculture.
"Neighborhood agriculture" means a use that occupies
less than one acre for the production of food or
horticultural crops to be harvested, sold or donated or for
animal husbandry in compliance with Title 7 of this
Code. Neighborhood agricultural use may be a principal
or an accessory use on a site. Value-added products,
where the primary ingredients of the product are grown
and produced on-site, are included as a part of this use.
Limited sales and donation of fresh food and/or
horticultural products grown on site may occur on site as
a part of a neighborhood agriculture use, subject to the
provisions of Part 9 of Chapter 20.80, if applicable.
Sales, pick-ups, and donations of fresh food and
horticultural products grown on-site are also considered a
part of a neighborhood agriculture use, subject to the
provisions of Part 9 of Chapter 20.80, if applicable. (Ord.
29011.)
San Jose, Cal., Municipal Code § 20.200.798 (2014).
141.0203 Community Gardens
Community gardens are premises that are used for crop
cultivation by individuals or collectively, and may be
divided into multiple plots. Community gardens are
8
permitted as a limited use in the zones indicated with an
“L” and may be permitted with a Neighborhood Use
Permit in the zones indicated with an “N” in the Use
Regulations Tables in Chapter 13, Article 1 (Base Zones)
subject to the following regulations.
(a) On-site sales are permitted as follows:
(1) On site sales are permitted only in commercial and
industrial zones, except that on-site sales may be
permitted in residential zones one day a week.
(2) Where on-site sales are permitted, sales are subject to
the following:
(A) Onsite sales are limited to the sale of unprocessed,
non valueadded products grown on site; and
(B) All sales must be conducted in compliance with laws
regulating onsite sales of products grown in the
community garden.
(b) The site shall be designed and maintained to
effectively handle all drainage onsite.
(c) A minimum 4-foot-wide, clearly marked entrance
path shall be provided from the public right-of-way to the
garden.
(d) A permanent sign, including, but not limited to, the
name and contact information of the party responsible for
the garden shall be posted at the primary entry path
adjacent to the public right-of-way. The sign shall
comply with the requirements of Section 142.1250(c).
(e) Refuse storage areas shall be provided and screened
to enclose all refuse generated from the garden. Refuse
areas shall be located as close as practicable to the center
of the property. Refuse shall be removed from the site at
least once a week.
(f) Storage areas for tools, fertilizers, equipment, and
other material shall be enclosed and located as close as
practicable to the center of the property.
(g) Best practice standards shall be used for the following
garden operations:
(1) Composting
(A) Composting may be performed onsite
(B) Composting materials shall only be those materials:
(i) generated onsite, or
(ii) contributed by active members of the community
garden
(C) Composting areas shall be located as close as
practicable to the center of the property
(2) Water use
(A) Irrigation water rates shall apply to community
gardens
(B) Community gardens shall include the following
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water conserving techniques:
(i) mulch shall be applied to exposed soils in planting
areas;
(ii) soil amendments shall include water retaining matter;
(iii) water shall be applied only to the base of plants; and
(iv) all hoses shall be equipped with a trigger nozzle
(C) Watering of plants shall comply with the watering
schedule in Section 67.3803
(3) Community gardens shall comply with the MHPA
Land Use Adjacency Guidelines of the Land
Development Manual Biology Guidelines.
(h) Hours of operation shall be limited to the hours
between sunrise and sunset as set forth by the National
Oceanic and Atmosphere Administration for the San
Diego area.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 7-6-2011 by O-20065 N.S.; effective 8-52011.)
(Amended 2-22-2012 by O-20140 N.S.; effective 3-232012.)
San Diego, Cal., Municipal Code § 141.0203 (2014).
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1 S.F., Cal., Planning Code § 102.35 (2015).
2 Cal. HSC. Code § 113789 (2015).
3 Saint Paul, Minn., Zoning Code § 65.771 (2014).
4 Asheville, N.C., Code § 7-16-1 (2015).
5 Cleveland, Ohio, Zoning Code § 337.25 (2015).
6 Salt Lake City, Utah, Code § 21A.36.210 (2014).
7 Portland, Me., Code § 14-407 (2014).
8 Asheville, N.C., Code § 7-16-1 (2015).
9 Salt Lake City, Utah, Code § 21A.36.220 (2014).
10 Portland, Me., Code § 14-407 (2014).
11 Asheville, N.C., Code § 7-16-1 (2015).
12 Fort Collins, Colo., Zoning Code § 3.8.31 (2014).
13 Cleveland, Ohio, Zoning Code § 337.25 (2015).
14 Saint Paul, Minn., Zoning Code § 65.771 (2014).
15 Salt Lake City, Utah, Code § 21A.36.220 (2014).
16 Portland, Me., Code § 14-407 (2014).
17 S.F., Cal., Planning Code § 102.35 (2015).
18 Saint Paul, Minn., Zoning Code § 65.771 (2014).
19 Portland, Me., Code § 14-407 (2014).
20 Asheville, N.C., Code § 7-16-1 (2015).
21 Portland, Me., Code § 14-407 (2014).
22 San Diego, Cal., Municipal Code § 141.0203 (2014).
23 Saint Paul, Minn., Zoning Code § 65.771 (2014).
24 Asheville, N.C., Code § 7-16-1 (2015).
25 Phila., Pa., Zoning Code § 14-601(11)(c) (2015).
26 Ariz. Rev. Stat. § 3-562 (2015).
27 NYC Parks GreenThumb Program. GreenThumb Farmer’s Market Grant Program Request for Proposal
(RFP). New York, NY; 2015.
Oakland, CA 94612
510.302.3380
changelabsolutions.org
Memorandum
To: Matt Read, Sacramentans for Sustainable Community Agriculture
From: Heather Wooten, ChangeLab Solutions
Subject: On-site urban agriculture sales in South Sacramento
Date: 27 February 2015
BACKGROUND
Within California and across the country, an increasing number of jurisdictions are allowing for on-site
sales of produce grown through urban agriculture initiatives. These initiatives include home gardens,
community and school gardens, and urban farms. Because many of these sites are in residential areas,
there is concern among some that the retail activities create problems with noise, traffic, or other
nuisances.
The purpose of this memorandum is to provide Sacramento BHC with information about the state of
practice for on-site urban agriculture sales. It provides an overview of the experience of eleven (11)
jurisdictions where on-site urban agriculture sales are legal, highlighting successes, challenges, and
lessons learned. The memo concludes with a glimpse into community benefits made possible by allowing
on-site urban agriculture sales.
Survey of the field
The bulk of the information for this memo was collected through questions posed to two listservs:
ComFood and Food Policy Council. The main question posed was, “What kinds of observations have you
made since urban ag sales have been allowed?” The question was left open to encourage unique and
detailed answers; however, respondents were primed for feedback about complaints.
Several people responded to engage in discussion beyond the main question. Some of the follow-up
questions from those dialogues included:
What kind of feedback have you received from the community about on-site sales?
What kind of feedback have you received from growers about on-site sales?
Have you received any complaints about urban ag sales?
Did any issues or problems arise that have already been resolved?
Telephone and listserv requests for feedback from areas where on-site urban agriculture sales are legal
yielded input from planners, code enforcement officers, non-profit garden managers, and farm operators.
They worked in cities of all sizes, in all regions of the country.
ChangeLab Solutions is a nonprofit organization that provides legal information on matters relating to public health.
The legal information in this document does not constitute legal advice or legal representation. For legal advice,
readers should consult a lawyer in their state.
Respondent cities
The locations and roles of those who provided input include the following:
San Francisco: Senior Planner, Planning Department
Maricopa County, AZ: Food System Coordinator, Maricopa County Department of Public Health
Salt Lake City, UT: Sustainability Program Manager, Division of Sustainability and the
Environment
Fort Collins, CO: Senior Environmental Planner, City of Fort Collins
Austin, TX: (Former) Planner, City of Austin
Saint Paul, MN: Coordinator, Statewide Health Improvement Program, Minnesota Department of
Health
Cleveland, OH: Director of Planning, City of Cleveland
Asheville, NC: Member, Asheville-Buncombe Food Policy Council
Philadelphia, PA: Director, Garden Justice Legal Initiative, Public Interest Law Center of
Philadelphia
Tallahassee, FL: Co-Owner and Sales Manager, Ripe City Urban Farm
Portland, ME: Manager of Food Access Programs, Cultivating Community
Findings also include information from a sampling of California jurisdictions that allow on-site urban
agriculture sales.
FINDINGS
No complaints
Despite this wide variation in circumstances, none reported that there had been complaints of any kind
from neighbors about on-site sales. On the contrary, several reported that their neighbors were happy to
find another source of fresh produce. Only one jurisdiction – Austin, TX – reported any community
resistance during the process of amending the municipal code to allow on-site urban agriculture sales. By
finding an acceptable compromise that allowed urban agriculture sales but preserved the character of a
historic residential community, the City of Austin was able to resolve this issue and has not since had any
complaints related to on-site sales.
State of practice
Most respondents’ cities had made significant changes to their laws governing agriculture within the past
five years. Some cities overhauled many zoning ordinances and permitting requirements related to urban
agriculture all at once and included provisions for sales in this suite of changes. San Francisco is one
example of this: the Urban Agriculture Zoning Ordinance allows food-growing projects on less than one
acre to be established in any zone in the city. Projects larger than one acre, designated as “large-scale
urban agriculture,” are allowed in industrial areas, and by permit elsewhere. The ordinance allows sales at
all types of urban agriculture sites.1 A Senior Planner in the city’s Planning Department said there have
been no known complaints regarding on-site produce sales since this ordinance passed.
Other cities expanded urban agriculture first and then, later, made changes to allow on-site agricultural
sales in residential areas. A Senior Environmental Planner in Fort Collins, CO remarked that home garden
sales had previously been allowed:
“We did change the code [to allow market gardens/farm stands in residential areas], but
sales from produce grown at your home or even for business purposes has always been
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allowed. Now, if a license is required, we just need sales to be located on a site plan,
but no complaints in either the broader context or from more formal operations. People
love the sales/farm stands!”
There is no unified set of “best practices” governing on-site urban agriculture sales. It is difficult to know
which regulations may be useful and which are burdensome because they have all been implemented
relatively recently. However, several common themes arose in the responses received.
Garden-grown produce
Several cities’ ordinances contain provisions to limit sales to produce. Many cities and states, including
California,2 have fewer regulatory requirements for selling fresh, uncut produce than for the sale of other
goods. As such, it is important for these jurisdictions to ensure other products are not being sold under
agricultural provisions. Saint Paul, MN limits sales to food and horticultural goods grown on the site. 3
Asheville, NC’s municipal code stipulates that goods sold at seasonal farm stands must be grown on the
property or made from goods grown there.4 In Cleveland, OH, the produce must be grown on the
property or within 1000 feet of the property, with an allowance for prepared food to be made off-site, so
long as the “principal ingredients” are grown or produced on the grower’s property. 5
Other jurisdictions have given community gardens more leeway. In Salt Lake City, UT, any locally grown
products may be sold if they are “generally associated with a community garden.” 6 Similarly, Portland,
ME’s provisions for community gardens managed by non-profits allows growers to sell produce from
other local gardens:
If the community garden is owned or operated by a non-profit organization, sales of
flowers, vegetables, herbs or fruit produced in other gardens or farms in Maine
owned or operated by said organization shall be permitted within the same limitations
listed above.7
In an effort to ensure that only fresh, local produce is sold at urban agriculture sites, some jurisdictions
stipulate that farm stands must be seasonal in nature. In Asheville and Salt Lake City, a farm stand must
be a seasonal, temporary use.8,9 In Portland, farm stands may sell produce during the “growing season
from May 25 through October 31.”10
Preserving residential character
Some cities take precautions to limit the effect of business activity on neighbors in a residential area. This
may include regulations that limit how “visible” the business is to other residents.
Several cities set forth parking provisions to avoid traffic issues when customers come to a residential
area to buy produce. Asheville requires market stands to provide off-street parking for up to five
vehicles.11 In Fort Collins, CO, urban agriculture land uses must “provide additional off-street vehicular
and bicycle parking areas adequate to accommodate parking demands created by the use.” 12 In Cleveland,
where gardeners must seek Board of Zoning Appeals approval to obtain a license for a farm stand on their
property, “the availability of off-street or on-street parking to serve the farm stand use” is one of the
criteria that the Board considers.13
Other jurisdictions set limits on the amount or type of signage that can be used to advertise the sale of
garden-grown produce in residential areas. Saint Paul limits identification signs to six square feet. 14 In
Salt Lake City, signs may be no more than 50 feet from the seasonal farm stand. 15
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Most places allow farm stands in all zones where urban agriculture is permitted, including residential
zones. Some, like Portland, allow a properly permitted farm stand to stay in place year-round. 16 Others,
like Cleveland, require that the stand be removed when the on-site sales season is over.
The exception to this rule is Austin. A former city planner at the City of Austin, recounted the story of
how she and other planners balanced conflicting community interests when Austin was preparing to allow
on-site produce sales in residential neighborhoods:
“During the code update process, the community was split. Some, primarily MexicanAmerican historic residents of East Austin, protested the creation of the market garden
use and legalization of sales, claiming that it represented the commercialization of
residential neighborhoods. These community members feared that market gardens
would open the floodgates to the destruction of the single-family character of East
Austin. They requested that we enact a moratorium on new urban farms, set a limit on
urban farm sales for existing urban farms 1-5 acres in size, and not create the new use
of market gardens or legalize any sales on sites less than 1 acre in size.
Others, primarily white and newer residents, were strongly in favor of the update,
saying that it represented progressive community change, neighborliness, supports
local commerce, and is in alignment with a new Texas cottage industry law that allows
for people to sell value-added food products from their home, provided they gross less
than $50k/year doing so. Allowing for vegetable sales allows folks to sell "not just the
pickle, but also the cucumber," as one local food proponent quipped.
We did want to respect and protect neighborhood character, so we aligned our
recommendation with an existing home business ordinance, and set a limit of 3 salesrelated car trips per day to market gardens. They cannot have a farm stand, and must
conduct business out of sight…
The code passed in November 2013. I checked with my contacts in Austin, who reported
that there have been no complaints or calls about market gardens or on-site sales in
general--thankfully!”
Hours of operation
Noise occasionally comes up in municipal codes with regard to agricultural activities, but by limiting the
hours on-site sales can occur seems like the most common way of preventing complaints. Some cities,
like San Francisco,17 Saint Paul,18 and Portland,19 set specific hours for sales. These hours tend to be
approximately dawn to dusk. In Asheville,20 gardeners and farmers propose hours of operation for their
agricultural activities in their Site and Operations Plan.
In addition to – or instead of – limiting the hours on-site sales can take place, some cities limit the number
of times per week sales can occur. Portland limits on-site sales to two days per week. 21 San Diego, CA
limits community gardens in residential areas to once-a-week sales; gardens in industrial or commercial
zones do not have this limitation.22 Saint Paul sets different limits on frequency of on-site sales in
residential districts based on lot size: gardens of at least one acre may have on-site sales twice per week,
while sales at smaller lots are limited to three times per year.23
Other areas do not specify when sales may take place. For example, market stands may be open up to
seven days a week in Asheville.24 Philadelphia allows for “incidental” sales at community gardens but
does not specify what frequency that term implies. 25 Despite the somewhat vague definition, the Director
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of the Garden Justice Legal Initiative at the Public Interest Law Center of Philadelphia (PILCOP) said,
“It’s not an issue that I’ve seen come up since implementation.”
At the other end of the spectrum, Arizona has none of these regulations. Rather, it has a statute that
expressly prohibits restrictions on sales by food producers:
The producers of food products on agricultural lands, farms and gardens shall never
under any pretext be denied or restricted the right to sell and dispose of their products,
except in the manner and to the extent provided in this article, and subject to inspection
by lawful authority when the inspection is uniform as to the same product and without
cost to the producer.26
A Food Systems Coordinator at Maricopa County Department of Public Health in Arizona, had this to say
about why she thought people had not complained (to her knowledge) about on-site sales of gardengrown produce in residential areas:
“I do not think the general public would be particularly aware of the laws, but I do
think that whatever ‘good neighbor’ outreach that community gardens and backyard
growers do to make friends with their neighbors could include some kind of potluck on
site, garden tours or other ways to demystify what is going on in the garden, so that
when the street is full of cars for produce sales (hopefully)! the neighbors take some
pride in what is going on, rather than create complaints. Many neighborhoods have
garage sales, or sports activities/events at the schools that fill the streets with cars on a
regular basis and nobody bats an eye.”
Opportunities
While certain requirements may be worthwhile to include in a provision allowing on-site urban
agricultural sales depending on the needs of the community, it bears repeating that no one responded that
they had received complaints regarding on-site agricultural sales. Several respondents did note that while
they had received plenty of community feedback, it had been uniformly positive:
I am not aware of any complaints regarding us selling produce on-site; in fact I think
we're received the opposite reaction from our neighbors who are thankful they don't
have to go far to buy produce!
Co-Owner and Sales Manager at Ripe City Urban Farm, Tallahassee, FL
As the nonprofit organization running the stands, we've received a lot of positive
feedback from customers, but I'm not entirely sure that the community has connected
the presence of the farm stands with any action or decision that the City made.
Manager of Food Access Programs at Cultivating Community
The responses yielded two concrete examples of community benefits derived from expanded on-site
agriculture sales. In Portland, on-site sales provided a two-fold benefit: an opportunity for youth
development, and enhanced food security for residents in need:
“Our urban ag site was right next to one of our community gardens. This site was used
to teach youth how to grow food that was then delivered to seniors living in low income
housing.”
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Manager of Food Access Programs at Cultivating Community
New York City has also recognized the potential of urban agriculture as a tool for economic development.
The GreenThumb Program, New York’s city-run community garden program, recently offered microgrants to gardeners in the GreenThumb program who want to establish farmers’ markets in areas where
healthy food is inaccessible. The Request for Proposals required at least 10% of the produce to be grown
in GreenThumb community gardens.27
Conclusion
Allowing participants in urban agriculture projects to sell their produce on-site does not appear to be
connected to any discernible increase in complaints by neighbors. Community support of on-site sales
seems strong based on the stories collected to inform this memo. Sales of home- or garden-grown produce
are part of the fabric of many types of communities across the country. Some cities see them as a
promising opportunity for economic development. While the needs of local residents should always be
assessed before crafting legislation, on this issue, the community benefits reported outweigh any
perceived drawbacks.
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APPENDIX: URBAN AGRICULTURE ORDINANCES IN
CALIFORNIA
LOCATION
San
Francisco
POINT OF CONTACT
Diana Sokolove
Senior Planner
Planning Department
[email protected]
MUNICIPAL CODE LANGUAGE
102.35. URBAN AGRICULTURE
Urban Agriculture shall be defined as follows:
a. Neighborhood Agriculture.
A use that occupies less than 1 acre for the production of
food or horticultural crops to be harvested, sold, or
donated and comply with the controls and standards
herein. The use includes, but is not limited to, home,
kitchen, and roof gardens. Farms that qualify as
Neighborhood Agricultural use may include, but are not
limited to, community gardens, community-supported
agriculture, market gardens, and private farms.
Neighborhood Agricultural use may be principal or
accessory use. Limited sales and donation of fresh food
and/or horticultural products grown on site may occur on
site, whether vacant or improved, but such sales may not
occur within a dwelling unit. Food and/or horticultural
products grown that are used for personal consumption
are not regulated. The following physical and operational
standards shall apply to Neighborhood Agriculture:
1. Compost areas must be setback at least 3 feet
from dwelling units and decks;
2. If the farmed area is enclosed by fencing, the
fencing must be: (A) wood fencing, (B)
ornamental fencing as defined by Planning Code
Section 102.32, or (C) chain-link or woven wire
fencing if over half of the fence area that borders
a public right-of-way will be covered by plant
material or other vegetative screening within
three (3) years of the fence installation;
3. Use of mechanized farm equipment is generally
prohibited in residential districts; provided,
however, that during the initial preparation of the
land heavy equipment may be used to prepare
the land for agriculture use. Landscaping
equipment designed for household use shall be
permitted;
4. Farm equipment shall be enclosed or otherwise
screened from sight;
5. Sale of food and/or horticultural products from
the use may occur between the hours of 6 a.m.
and 8 p.m.;
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6. In all districts, sales, pick-ups, and donations of
fresh food and horticultural products grown onsite are permitted. In every district except
“Residential Districts,” value-added products,
where the primary ingredients are grown and
produced on-site, are permitted.
Oakland
Heather Klein
Planner III
City of Oakland
(510) 238-3659
[email protected]
San Jose
Rich Buikima
Code Enforcement
City of San Jose
[email protected]
v
San Diego
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S.F., Cal., Planning Code § 102.35 (2015).
17.10.610 Crop and animal raising Limited
agricultural activities.
Crop and Animal Raising Limited Agricultural Activities
include the cultivation on the premises of fruits,
vegetables, plants, flowers, herbs, and/or ornamental
plants intended to produce food, fibers, or other plant
products for on- or off-site sale. This classification also
includes certain activities accessory to the above, as
specified in Section 17.10.040. This classification does
not include the keeping, grazing, or feeding of animals,
except for bee keeping involving no more than three (3)
hives; the use of any heavy mechanized farming
equipment; or any activity classified in Section 17.10.600
Plant Nursery Agricultural Activities.
Oakland, Cal., Planning Code § 17.10.610 (2014).
20.200.798 - Neighborhood agriculture.
"Neighborhood agriculture" means a use that occupies
less than one acre for the production of food or
horticultural crops to be harvested, sold or donated or for
animal husbandry in compliance with Title 7 of this
Code. Neighborhood agricultural use may be a principal
or an accessory use on a site. Value-added products,
where the primary ingredients of the product are grown
and produced on-site, are included as a part of this use.
Limited sales and donation of fresh food and/or
horticultural products grown on site may occur on site as
a part of a neighborhood agriculture use, subject to the
provisions of Part 9 of Chapter 20.80, if applicable.
Sales, pick-ups, and donations of fresh food and
horticultural products grown on-site are also considered a
part of a neighborhood agriculture use, subject to the
provisions of Part 9 of Chapter 20.80, if applicable. (Ord.
29011.)
San Jose, Cal., Municipal Code § 20.200.798 (2014).
141.0203 Community Gardens
Community gardens are premises that are used for crop
cultivation by individuals or collectively, and may be
divided into multiple plots. Community gardens are
8
permitted as a limited use in the zones indicated with an
“L” and may be permitted with a Neighborhood Use
Permit in the zones indicated with an “N” in the Use
Regulations Tables in Chapter 13, Article 1 (Base Zones)
subject to the following regulations.
(a) On-site sales are permitted as follows:
(1) On site sales are permitted only in commercial and
industrial zones, except that on-site sales may be
permitted in residential zones one day a week.
(2) Where on-site sales are permitted, sales are subject to
the following:
(A) Onsite sales are limited to the sale of unprocessed,
non valueadded products grown on site; and
(B) All sales must be conducted in compliance with laws
regulating onsite sales of products grown in the
community garden.
(b) The site shall be designed and maintained to
effectively handle all drainage onsite.
(c) A minimum 4-foot-wide, clearly marked entrance
path shall be provided from the public right-of-way to the
garden.
(d) A permanent sign, including, but not limited to, the
name and contact information of the party responsible for
the garden shall be posted at the primary entry path
adjacent to the public right-of-way. The sign shall
comply with the requirements of Section 142.1250(c).
(e) Refuse storage areas shall be provided and screened
to enclose all refuse generated from the garden. Refuse
areas shall be located as close as practicable to the center
of the property. Refuse shall be removed from the site at
least once a week.
(f) Storage areas for tools, fertilizers, equipment, and
other material shall be enclosed and located as close as
practicable to the center of the property.
(g) Best practice standards shall be used for the following
garden operations:
(1) Composting
(A) Composting may be performed onsite
(B) Composting materials shall only be those materials:
(i) generated onsite, or
(ii) contributed by active members of the community
garden
(C) Composting areas shall be located as close as
practicable to the center of the property
(2) Water use
(A) Irrigation water rates shall apply to community
gardens
(B) Community gardens shall include the following
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water conserving techniques:
(i) mulch shall be applied to exposed soils in planting
areas;
(ii) soil amendments shall include water retaining matter;
(iii) water shall be applied only to the base of plants; and
(iv) all hoses shall be equipped with a trigger nozzle
(C) Watering of plants shall comply with the watering
schedule in Section 67.3803
(3) Community gardens shall comply with the MHPA
Land Use Adjacency Guidelines of the Land
Development Manual Biology Guidelines.
(h) Hours of operation shall be limited to the hours
between sunrise and sunset as set forth by the National
Oceanic and Atmosphere Administration for the San
Diego area.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 7-6-2011 by O-20065 N.S.; effective 8-52011.)
(Amended 2-22-2012 by O-20140 N.S.; effective 3-232012.)
San Diego, Cal., Municipal Code § 141.0203 (2014).
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1 S.F., Cal., Planning Code § 102.35 (2015).
2 Cal. HSC. Code § 113789 (2015).
3 Saint Paul, Minn., Zoning Code § 65.771 (2014).
4 Asheville, N.C., Code § 7-16-1 (2015).
5 Cleveland, Ohio, Zoning Code § 337.25 (2015).
6 Salt Lake City, Utah, Code § 21A.36.210 (2014).
7 Portland, Me., Code § 14-407 (2014).
8 Asheville, N.C., Code § 7-16-1 (2015).
9 Salt Lake City, Utah, Code § 21A.36.220 (2014).
10 Portland, Me., Code § 14-407 (2014).
11 Asheville, N.C., Code § 7-16-1 (2015).
12 Fort Collins, Colo., Zoning Code § 3.8.31 (2014).
13 Cleveland, Ohio, Zoning Code § 337.25 (2015).
14 Saint Paul, Minn., Zoning Code § 65.771 (2014).
15 Salt Lake City, Utah, Code § 21A.36.220 (2014).
16 Portland, Me., Code § 14-407 (2014).
17 S.F., Cal., Planning Code § 102.35 (2015).
18 Saint Paul, Minn., Zoning Code § 65.771 (2014).
19 Portland, Me., Code § 14-407 (2014).
20 Asheville, N.C., Code § 7-16-1 (2015).
21 Portland, Me., Code § 14-407 (2014).
22 San Diego, Cal., Municipal Code § 141.0203 (2014).
23 Saint Paul, Minn., Zoning Code § 65.771 (2014).
24 Asheville, N.C., Code § 7-16-1 (2015).
25 Phila., Pa., Zoning Code § 14-601(11)(c) (2015).
26 Ariz. Rev. Stat. § 3-562 (2015).
27 NYC Parks GreenThumb Program. GreenThumb Farmer’s Market Grant Program Request for Proposal
(RFP). New York, NY; 2015.
