NO. 02-2017

A proposed ordinance to adopt Ch. 1287 Urban Agriculture to address private gardening, community gardens, and urban commercial farms.

With the current ordinances not fully or adequately addressing urban agricultural practices or desires, Sprout Urban Farms sponsored a local policy and sample ordinance, attached, which was presented to the City Commission in February 2016. This policy addressed gardening, farming, and animals. Based on the initial Commission support, staff has been researching potential regulations with the intent of finding an amenable balance for all those who have expressed their opinions as well as organizing community engagement opportunities including the following efforts:

• A survey monkey survey was available for public input during June 2016 and had over 400 responses. The survey results, attached, showed that the gardening, harvesting, cultivating of land for vegetables, fruit, berries, etc. had significant support, while the topic of animals (hens, goats, bees, etc.) were also generally supported but seemed to raise the most concerns among the public.

• There were two public roundtables held this summer, one on June 29, 2016 and the second on August 30, 2016. Attendance at the roundtables numbered over one hundred interested individuals, not including staff. Similar to the survey monkey survey, gardening and farming were very well supported, and as such most of the conversation centered around animals. While most of those in attendance were very supportive of adding animals to a proposed ordinance, there were a few at each roundtable that had concerns. Additionally, City staff and commissioners had received emails from the community expressing opposition to any potential allowances for animals. Because staff was working on an amendment to Ch. 608 Animals, which may provide a more suitable location for the allowances of animals rather than zoning, time was spent trying to find the root cause of objections, again with the intent to try to draft code that would alleviate concerns.

• A final workshop at the October 18, 2016 City Commission meeting gave support for staff to continue moving forward on both portions. Because the animal portion has been more complex, multiple departments are continuing to work on these provisions. In order to allow time for planning and preparation of future gardening/farming endeavors, staff moved forward on the gardening/farming portion.

The attached draft ordinance, Chapter 1287, was developed by City Planning staff using recommendations from the local policy and sample ordinance, community input and engagement, and best practices from ordinances adopted throughout the State with the same purpose, including Muskegon, Flint, and Detroit.

The intent of this ordinance is to support the production and sale of locally grown foods; build community; improve public health and well-being; and provide economic opportunity, particularly in areas that have vacant or underutilized land. The existing ordinances have always allowed individuals to garden on their property that they occupy, however the proposed ordinance will allow the gardening of vacant properties. The ordinance also provides for community gardens and urban commercial farms, with size and other limitations. The proposed ordinance  includes definitions, use standards for urban agricultural uses, standards for accessory structures, maintenance of properties used for urban agriculture, and restoration provisions in the event the land ceases to be gardened.

A public hearing was held at the December 14, 2016 Planning Commission meeting, and the Commission voted 8-0 to recommend to City Commission approval of Ch. 1287 Urban Agriculture.