Local groups pleased with new Kansas City urban agriculture codes

Changes will increase access to locally grown food

June 10, 2010
Greater Kansas City Food Policy Coalition
Kansas City Center for Urban Agriculture

KANSAS CITY, Mo. — Members of the City Council of Kansas City this afternoon approved an ordinance updating the city’s zoning and development codes to reflect the changing needs of our community. The codes enable urban agriculture and the burgeoning local food movement to function more effectively in Kansas City.

“This has been a long process, but we feel like the compromise that has been developed is an important first step toward increasing access to fresh, healthy food and improving the economic vitality of our community,” said Katherine Kelly, director of the Kansas City Center for Urban Agriculture. “This ordinance will help Kansas City become a greener and healthier community, which is something that I think everyone can agree is a positive move forward.”

According to Kelly, the updated codes include several key provisions that will allow for the continued development of urban agriculture in Kansas City.

”We are very pleased that the codes allow for on-site sales, enable local food growers to have apprentices and interns, and allow gardening as a principal or accessory usage of a property so that farmers can live where they farm,” Kelly said.

Also among the key provisions is language securing the current right of homeowners to grow produce in their front yard for their own consumption or sale off-site. “All of these provisions can help lead to more food production right here in the city, improving citizens’ food security, health and economic opportunities,” Kelly said.

KCCUA plans to work with local farmers and growers to ensure that the new codes are understood by area producers. In addition, the stakeholders involved in the codes revision effort, including the Greater Kansas City Food Policy Coalition, community members and city development and codes personnel, will continue to work with the City Council during the 18-month codes review period approved by the Council.

“We fully support the City Council’s commitment to review the codes in 6 months and again in 18 months to allow for improvements and clarifications,” said Beth Low, director of the Greater Kansas City Food Policy Coalition. “We will be monitoring the implementation of the new codes and how they affect local growers and community members when put into practice. We plan to provide the City Council with the on-the-ground feedback that is so important in the codes development process.”

See the city ordinance here.

Ordinance

88-312-02. Urban Agriculture

88-312-02-A. Home Garden
A garden maintained by one or more individuals who reside in a dwelling unit located on the subject property. Food and/or horticultural products grown in the home garden may be used for personal consumption, and only whole, uncut, fresh food and/or horticultural products grown in a home garden may be donated or sold on-site within a reasonable time of its harvest. The sales may only take place during the period of May 15 through October 15. Row crops are not permitted in the front yard of a residentially zoned and occupied property, except property zoned R-80, if whole, uncut fresh food and/or horticultural products grown in the home garden are donated or sold onsite. “Row crops” shall be defined as grain, fruit or vegetable plants, grown in rows, which are 24 inches or more in height. “Row crops” shall not mean cultivated or attended trees, bushes, or shrubbery less than 6 feet in height, or trees in excess of 6 feet in height, and shall not include grain, fruit or vegetable plants that are part of the front yard’s borders, that extend no more than 5 feet from the side property lines or from the front of the principal building. A home garden is an accessory use to a principal residential use, and must comply with the lot and building standards for its zoning district. On-site sales made in accordance with this section shall not be considered to be commercial activity under this Code, and shall not be subject to the restrictions for home occupations in 88-305-04. Section 88-10-08-C shall govern any conflict between the provisions of this section and any private homeowner covenants or restrictions. Any area of land that is managed and maintained in a manner that fits within the description of Community Supported Agriculture in 88-312-02-C cannot be considered to be a Home Garden.

88-312-02-B. Community Garden
An area of land managed and maintained by a group of individuals to grow and harvest food and/or 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. The Community Garden must comply with the lot and building standards for its zoning district. All chemicals and fuels shall be stored in an enclosed, locked structure when the site is unattended. Community garden group members may or may not reside on the subject property. Sales and donation of only whole, uncut, fresh food and/or horticultural products grown in the community garden may occur on-site on otherwise vacant property, but may not occur on residentially zoned and occupied property, except property zoned R-80. Row crops are not permitted in the front yard of a residentially zoned and occupied property, except property zoned R-80, if whole, uncut fresh food and/or horticultural products grown in the community garden are donated or sold onsite. “Row crops” shall be defined as grain, fruit or vegetable plants, grown in rows, which are 24 inches or more in height. “Row crops” shall not mean cultivated or attended trees, bushes, or shrubbery less than 6 feet in height, or trees in excess of 6 feet in height, and shall not include grain, fruit or vegetable plants that are part of the front yard’s borders, that extend no more than 5 feet from the side property lines or from the front of the principal building. A community garden may be a principal or accessory use. Any area of land that is managed and maintained in a manner that fits within the description of Community Supported Agriculture in 88-312-02-C cannot be considered to be a Community Garden.

88-312-02-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/or horticultural products for shareholder consumption or for sale or donation. Under the CSA model, shareholders arrange to work on the farm in exchange for a share of the food and/or horticultural products grown on the CSA property and/or pay for a portion of the food and/or horticultural products in advance. A CSA may be a principal or accessory use. A CSA located in a residential zoning district, except R-80, requires a special use permit issued in accordance with the special use permit procedures of 88-525. A special use permit shall not be issued unless all of the approval criteria in 88-525-09 are satisfied. The permit is also subject to the following additional standards.