11 Jul Urban Farm Code Needs Market Gardens
Austin's Urban Farm Code has been making some farmers feel a little squeezed. Earlier we had been featuring some information about how you can weigh in so that the new code didn't hurt some of our East Austin Farms (here), and now there is another aspect to the code that is hurting small scale farmers. Did you know it is currently illegal to sell food that you grow from home? Right now as the code is written, if your yard is smaller than one acre and you sell the fresh produce you grow in your yard, you are operating illegally. New code which would eliminate this issue would either get rid of the lower limit on urban farm size or add new code for market gardens smaller than one acre.
Paige Hill has the run down. From Paige's July 9th note, "Why We Need Market Garden Code + What You Can Do",
The Sustainable Food Policy Board will soon be discussing whether a "Market Garden" use is as necessary in the city of Austin as "Urban Farm" (July 22nd).
Per an action taken by the Planning Commission (PC) for the City of Austin on February 26, 2013 the Code and Metrics working group of the Sustainable Food Policy Board (SFPB) began a Context Sensitive Solutions and Public Involvement Approach in order to update the current Urban Farms use designation in the City’s land use code. The Planning Commission voted to “initiate an ordinance to amend Chapter 25-2 of the City of Austin Land Development code to clarify, update, and revise regulations related to urban farms, livestock, size of farm, employees and dwelling.” Furthermore, in their recommendation to the PC that requested the update, the SFPB resolved that they “will work with the Planning Commission and City staff to review zoning for additional opportunities to increase local food production.
While discussing new recommendations for what size an urban farm in Austin should be, City Staff suggested that they would not want to lower the existing size of an urban farm below one acre as it is currently defined in city code.
So, we have the option in the second part of the charge to "review zoning for additional opportunities to increase local food production."
This is important because, as current code in Austin is written, people selling fresh produce grown in their own yards that are smaller than one acre are operating illegally.
If the new code re-write does not either
a) eliminate the size restrictions for an Urban Farm
~OR~
b) include new code recommendations for Market Gardens,
home based produce growers will be out of compliance with city code and will have to stop selling if they don't have access to a site that is larger than one acre.
In order to meaningfully increase the ACCESSIBILITY, AVAILABILITY and AFFORDABILITY of food in Central Texas we MUST allow people to be able to grow and sell fresh produce from their own homes.
==============================Enter "Market Garden"==============================
The code recommendations for a “Market Garden” come from the marriage of existing codes that currently govern activities which ARE allowed in residential neighborhoods in Austin, and are basically recommended for sites that are smaller than one acre.
The reason Market Gardens need a specific designation is that they are a much needed and viable type of home occupation business and can easily be operated in scale and in keeping with residential use. But by their unique nature they cannot be efficiently or legally operated under the parameters of any single area of code as defined below:
Under Texas Cottage Food Production, the definition of the products does not include fresh vegetables, but allows other food products like pickles and cakes to be sold from the home while prohibiting internet and wholesale sales of such goods.
Home Occupation use allows for a whole host of home based businesses as long as they are in keeping with neighborhood character, do not cause nuisance, and keep related vehicle trips to no more than three per day. However, home based businesses are not allowed a sign, are not allowed to advertise the address, are required to operate entirely within the confines of the dwelling or garage, equipment is not allowed to be visible from off site and sales of the product must happen off site.
Community Garden use allows someone to cultivate private land for the production of organic produce and CAN have signs and on-site farm stands. But, Community Garden is defined in a way that a single individual running the operation cannot be eligible for the designation, and sales above and beyond what would reasonably go back into the farm to support its maintenance are prohibited.
Urban Farm Sign gives a clear description of what a very small sign would look like for a farm operating from a residential setting but is specific to just Urban Farms. (Farms operating from other zones can have signs per the requirements of those zones.)
Market Gardens need a unique definition and a marriage of these existing codes in order to operate legally and efficiently. Requiring a small scale home based food producer to sell only off site is onerous, costly, and wasteful. Growers need to be able to sell directly from the site because fresh produce can sometimes go bad within a couple hours after it is picked. The extra hours and cost of preparing for off site market can be too much for someone growing at such a small scale. Selling off site requires additional post harvest handling and bundling, washing and refrigeration of fresh produce, high volumes of water at residential water rates, expensive equipment that a small grower may not be able to afford, requires at least five times the amount of time they might spend selling on-site direct “from the field”, and leads to food waste when the farmer cannot “restock” the unsold produce.
Specifically and Succinctly:
1. “Texas Cottage Food Production Operations” code allows sales directly from homes, and prohibits a municipal zoning ordinance from prohibiting the use of a home for a cottage food production operation.
1. “Community Gardens” are allowed at any size on any property (public or private), and can sell fresh produce from the site, can compost, can have poultry, and can have events.
2. “Home Occupation” allows someone to operate a home based business while governing the scale, visibility and impacts of the business to ensure it’s in keeping with the residential character of a neighborhood.
4. “Urban Farm Sign” allows a very small sign (i.e. something that would fit hanging from a mail box, for example).
So why not allow someone to grow fresh produce from their home and sell it?
Let me reiterate, as current code in Austin is written, people selling fresh produce grown in their own yards that are smaller than one acre are operating illegally.
If the new code re-write does not either
a) eliminate the size restrictions for an "Urban Farm"
~OR~
b) include new code recommendations for "Market Gardens",
home based produce growers will be out of compliance with city code and will have to stop selling if they don't have access to a site that is larger than one acre.
Below are more details and at the bottom is a list of a few things you can do about it…
==========================WHAT YOU CAN DO==========================
The following people need to be contacted directly and individually, and you need to tell them in a brief but compelling way:
a) Why current city code doesn't meet your needs.
b) That all producers SHOULD simply fall under new definitions for Urban Farm without a lower limit to site size (currently the lower limit of an Urban Farm is defined as 1 acre – a size that is generally unattainable for new or poor growers)
c) If a lower limit on Urban Farms must remain, then we MUST create a definition for home based growers under 1 acre and we must do it NOW during this code re-write.
d) Other reasons small scale farms in neighborhoods are critical:
– affordability (food grown with low overhead and staffing costs can be sold at lower prices),– availability (some people don't know how to grow their own food and can't find the foods they know how to cook or are familiar with at existing markets)
– comfort and access (some people are uncomfortable going to farmers markets or can't get to them),– the positive impact on community and increased neighborhood security
– the importance of knowing where your food comes from and learning how to grow your own from your neighborhood grower,
– the importance of people being able to stay at home while earning a living to support their families,
– the preservation of tradition,
– the positive impact on the land,– the benefits to neighborhood children who can visit, learn, and get after school work helping grow food for other neighbors
– etc.
In order to meaningfully increase the ACCESSIBILITY, AVAILABILITY and AFFORDABILITY of food in Central Texas we MUST allow people to be able to grow and sell fresh produce from their own homes.
These people need to hear from you:(BE KIND, COURTEOUS, and INFORMATIVE – MANY OF THEM DON'T KNOW ABOUT ALL OF THIS YET AND YOU MAY BE THE FIRST PERSON BRINGING THIS INFORMATION TO THEM)
—————————
Sustainable Food Policy Board
—————————
Paula McDermott, Chair | (512) 462-9791 / bc-Paula.McDermott@austintexas.gov
Ronda Rutledge, Vice Chair / (512) 236-0074 / bc-Ronda.Rutledge@austintexas.gov
Robert Borowski / (512) 851-6995 / bc-Rob.Borowski@austintexas.gov
Hildreth England / (512) 698-5595 / bc-Hildreth.England@austintexas.gov
Erin Flynn / (512) 949-9831
Kathy Green / (512) 657-7407 / bc-Kathy.Green@austintexas.gov
Melanie McAfee / (512) 517-6550 / bc-Melanie.McAfee@austintexas.gov
Michele Murphy-Smith / (512) 232-0612 / bc-Michele.Murphy-Smith@austintexas.gov
Katherine Nicely / (915) 355-5651 / bc-Katherine.Nicely@austintexas.gov
Mary Teeters / (512) 476-6325 / bc-Mary.Teeters@austintexas.govADDITIONALLY, you can come and give brief in-person testimony to the Sustainable Food Policy Board at 12:30 at City Hall on July 22nd.
——————-
Planning Commission
——————-
Dave Anderson, Chair / (512) 653-3283 / bc-Dave.Anderson@austintexas.gov
Alfonso Hernandez, Parliamentarian / (512) 619-5977 / bc-Alfonso.Hernandez@austintexas.gov
Jean Stevens, Secretary / (512) 236-1626 / bc-Jean.Stevens@austintexas.gov
Danette Chimenti, Vice Chair / (512) 565-0217 / bc-Danette.Chimenti@austintexas.gov
Richard Hatfield / (512) 345-9538
Jeff Jack / (512) 447-5877 / bc-Jeff.Jack@austintexas.gov
James Nortey / (512) 636-6139 / bc-James.Nortey@austintexas.gov
Stephen Oliver / (512) 373-2365 / bc-Stephen.Oliver@austintexas.gov
Brian Roark / (512) 657-5139 / bc-Brian.Roark@austintexas.gov
Myron Smith / (512) 913-0957 / bc-Myron.Smith@austintexas.govADDITIONALLY, you can come and give brief in-person testimony to the Planning Commission at City Hall on July 23rd.
———————————
City Council Members and the Mayor
———————————Mayor Lee Leffingwell
Mayor Pro Tem: Sheryl Cole (Council Member Place 6)
Council Member Place 1: Chris Riley
Council Member Place 2: Mike Martinez
Council Member Place 3: Kathie Tovo
Council Member Place 4: Laura Morrison
Council Member Place 5: Bill Spelman
Contact info at: http://austintexas.gov/department/austin-city-council-members
(Click on each of their names and look to the right of the page to find contact phone numbers and a link to an email form for their office)
ADDITIONALLY, you can come and give brief in-person testimony during the City Council Hearings that will occur in August.
========================The Nitty Gritty – What the Code Says====================
——————————————————-
Relevant Code Snippets from Texas Cottage Foods Bill: 83(R) HB 970
——————————————————-
SECTIONA1.AASection 437.001, Health and Safety Code, is amended by amending Subdivisions (2-a) and (2-b) and adding Subdivision (3-b) to read as follows:
(2-b) "Cottage food production operation" means an individual, operating out of the individual’s home, who:
(A) produces at the individual’s home, subject to Section 437.0196:
(i) a baked good that is not a potentially hazardous food, as defined by Section 437.0196
(ii) candy;
(iii) coated and uncoated nuts;
(iv) unroasted nut butters;
(v) fruit butters;
(vi) a canned jam or jelly;
(vii) a fruit pie;
(viii) dehydrated fruit or vegetables, including dried beans;
(ix) popcorn and popcorn snacks;
(x) cereal, including granola;
(xi) dry mix;
(xii) vinegar;
(xiii) pickles;
(xiv) mustard;
(xv) roasted coffee or dry tea;[,] or
(xvi) a dried herb or dried herb mix(B) has an annual gross income of $50,000 or less from the sale of food described by Paragraph (A); [and]
(C) sells the foods produced under Paragraph (A) only directly to consumers at the individual’s home, a farmers’ market, a farm stand, or a municipal, county, or nonprofit fair, festival, or event; and
(D) delivers products to the consumer at the point of sale or another location designated by the consumer.
(3-b) "Farm stand" means a premises owned and operated by a producer of agricultural food products at which the producer or other persons may offer for sale produce or foods described by Subdivision (2-b)(A).
Sec.A437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION OPERATIONS [THROUGH THE INTERNET] PROHIBITED. A cottage food production operation may not sell any of the foods described in Section 437.001(2-b)(A):
(1) through the Internet;
(2) by mail order; or
(3) at wholesale.
Sec.A211.032. CERTAIN ZONING REGULATIONS PROHIBITED. A municipal zoning ordinance may not prohibit the use of a home for cottage food production operations.
Sec.A211.033. ACTION FOR NUISANCE OR OTHER TORT. This subchapter does not affect the right of a person to bring a cause of action under other law against an individual for nuisance or another tort arising out of the individual’s use of the individual’s home for cottage food production operations.
————————————————————————
Relevant Code Snippets from CoA Code for Home Occupation Chapter 25-2-900
————————————————————————
§ 25-2-900 HOME OCCUPATIONS.
(A) A home occupation is a commercial use that is accessory to a residential use. A home occupation must comply with the requirements of this section.
(B) A home occupation must be conducted entirely within the dwelling unit or one accessory garage.
(C) Participation in a home occupation is limited to occupants of the dwelling unit, except that one person who is not an occupant may participate in a medical, professional, administrative, or business office if off-street parking is provided for that person.
(D) The residential character of the lot and dwelling must be maintained. A home occupation that requires a structural alteration of the dwelling to comply with a nonresidential construction code is prohibited. This prohibition does not apply to modifications to comply with accessibility requirements.
(E) A home occupation may not generate more than three vehicle trips each day of customer-related vehicular traffic.
(F) The sale of merchandise directly to a customer on the premises is prohibited.
(G) Equipment or materials associated with the home occupation must not be visible from locations off the premises.
(H) A home occupation may not produce noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference, or waste run-off outside the dwelling unit or garage.
(I) Parking a commercial vehicle on the premises or on a street adjacent to residentially zoned property is prohibited.
(J) Advertising a home occupation by a sign on the premises is prohibited, except as provided under Section 25-10-156 (Home Occupation Signs). Advertising the street address of a home occupation through signs, billboards, television, radio, or newspapers is prohibited.
(K) The following are prohibited as home occupations:
(1) animal hospitals, animal breeding;
(2) clinics, hospitals;
(3) hospital services;
(4) contractors yards;
(5) dance studios;
(6) scrap and salvage services;
(7) massage parlors other than those employing massage therapists licensed by the state;
(8) restaurants;
(9) cocktail lounges;
(10) rental outlets;
(11) equipment sales;
(12) adult oriented businesses;
(13) recycling centers;
(14) drop-off recycling collection facilities;
(15) an activity requiring an H-occupancy under Chapter 25-12, Article 1 (Uniform Building Code);
(16) automotive repair services; and
(17) businesses involving the repair of any type of internal combustion engine, including equipment repair services.
[Relevant here is what is not prohibited: day cares, massage parlors, doctor’s offices, dentists, hair salons, photography studios, band practice studios, candle making, a clothing retail/resale shop…the list is only limited by our creativity.]
Source: Section 13-2-260; Ord. 990225-70; Ord. 990520-38; Ord. 031211-11; Ord. 20090827-032.
——————————————————————————
Relevant Code Snippets from Community Garden Ordinance in CoA Code Chapter 14-7
——————————————————————————
14-7-1 DEFINITIONS.
(1) CITY-SUPPORTED COMMUNITY GARDEN means eligible city land controlled under a license agreement or non- city land controlled under a land control document which is issued a garden permit and located in the city corporate limits or extraterritorial jurisdiction by a non-profit organization that:
(a) is used by a group of four or more participating gardeners either on separate plots or farmed collectively by the group to grow, produce and harvest food crops for personal or group use, consumption or donation by the non-profit organization or cooperatively for the benefit of its members;
(b) is operated in a manner that includes water conservation, and in the case of eligible city land includes composting, non-polluting, and integrated pest management practices that promote a sustainable garden, and is cultivated solely for the production of organic produce;
(9) NON-CITY LAND means a parcel of land not owned by the city that is eligible for use as a city-supported community garden.
14-7-34 SUSPENSION OR TERMINATION OF GARDEN PERMIT.
If the director determines that a non-profit organization or a participating gardener has violated or failed to comply with the terms of a garden permit or license agreement issued under this chapter, the director may immediately halt all city-supported community garden activities under the garden permit and suspend or terminate the garden permit.
———————————————————–
Relevant Snippets of Urban Farm Sign CoA Code Chapter 25-1055
———————————————————–
25-10-155 URBAN FARM SIGN.
For an urban farm use, a sign is permitted that:
(1) is not more than four square feet in size;
(2) has a sign face not more than four feet wide; and
(3) is not more than four feet above grade.
Source: Ord. 000406-86; Ord. 031211-11.
No Comments