A guide to urban agriculture codes in KCMO
Thanks to the Kansas City Center for Urban Agriculture for this valuable guide.
Growing Good Food in Kansas City Neighborhoods: A guide to urban agriculture codes in KCMO
In June, 2010, the city of Kansas City, MO passed an ordinance amending the Zoning and Development Code as they address agricultural and horticultural activities in residential neighborhoods. The city has always allowed what is called “crop agriculture” in residential neighborhoods, but, with the emergence of new models of urban food production, gardens, and urban farm businesses, there was a need to bring the codes more up to date with what is actually happening on the ground in city neighborhoods.
The Kansas City Center for Urban Agriculture, the Food Policy Coalition of Greater Kansas City, and a hard-working group of citizens partnered with city staff and council members to write up codes that would help communities reap the benefits of urban food production: increased access to home-grown, healthy produce, economic opportunities from the sales of agricultural and horticultural products, employment and learning opportunities, and the creation of productive, community-building green space in a rapidly changing city landscape.
The codes that were passed represent some important steps forward for the city. For the first time, it is legal for gardeners, farmers, and community gardens to sell their produce in residential neighborhoods. A grower can now offer internships and apprentices on gardens and farms in neighborhoods. A farmer can run a CSA in a city neighborhood. These legal options now give our community a wider range of possibilities in taking advantage of urban growing and sales of home-grown fruits and vegetables.
That said, the codes language can be confusing to understand! We’ve prepared this guide to help you figure out what types of growing and selling activities are legal in your own neighborhood and situation.
To find out how the new codes affect your urban agriculture operation, first try to determine which definition of urban agriculture your operation falls under. (1) Home garden, (2) community garden, (3) crop agriculture or (4) CSA farm. Identifying your operation among the definitions is not always easy as there is some overlap and ambiguity. Some of this is pointed out in the text below.
Some overlap exists between the definition for crop agriculture and the other definitions in this document. It is unclear how such situations will be handled by city code enforcement. An operation defined as crop agriculture is subject to restrictions on sales but not front lawn row cropping. Depending on an operators need, it may be beneficial to consider other definitions (such as home garden) when possible.
This brochure is published by KCCUA for informational purposes only and does not constitute legal advice. We have tried to present complete and user-friendly information, but, as a grower, you are ultimately responsible for how you interpret and apply the codes to your specific situation.
To find the full text of the ordinance online, please visit www.kcmo.org and search for “urban agriculture” or use this link:
http://cityclerk.kcmo.org/liveweb/Documents/Document.aspx?q=gwQ25M6kfLBpQAH2KArtCVQTuNiMyZkVhPHNtnlPCMYJ%2b2FvKs5bOtLbpVG3Tq5a
THESE CODES WILL BE REVIEWED BY THE CITY MANAGER’S OFFICE AND URBAN PLANNING SIX MONTHS AFTER PASSAGE AND AGAIN IN 18 MONTHS. Our goal as urban growers, urban farming advocates, and city residents will be to make the codes clearer, more consistent, and, in some areas, more real-world applicable. KCCUA and the Greater Kansas City Food Policy Coalition will be coordinating advocacy efforts throughout the review process; if you are interested in getting involved, please contact KCCUA through katherine@kccua.org or 913-831-2444.
ZONING DISTRICTS: These codes primarily affect zoning districts R-.03 through R-10, which are residential zones. The residential district R-80 is exempted. R-80 requires of minimum of 80 acres of area and permits agriculturally related function (see specific exemptions for R-80 districts at end of document).
You have a Home Garden if:
You and your family or housemates live on-site
You and/or your family or housemates maintain a garden on-site
You and/or your family or housemates eat the produce yourselves, or sell or donate it
Note that there is no size restriction in the definition of a home garden. As long as the garden is maintained by you and the other occupants it could be a sizeable farm selling produce or giving it away
If you want to sell your produce on-site, you can:
Sell only whole, uncut, fresh food grown in your garden (no produce from other people’s gardens/farms, no processed goods, no crafts or any other non-garden product)
Sell only between May 15 and October 15
Put an unilluminated sign, no larger than 6 square feet or 3 feet high on-site during the time of sales
Other guidelines for a Home Garden:
If you donate your produce or sell it on-site you cannot grow “row crops” in your front yard. “Row crops” are defined as grain, fruit or vegetable plants over 24 inches in height and grown in rows. “Row crops” do not include trees, bushes or shrubbery. “Row crops” can be grown in a 5-foot wide border along the property lines and front of the principal building (see full definition at end of document)
All garden-related buildings and structures must comply with building and zoning codes
A home garden is now allowed as an accessory use to the principal residential use
You have a Community Garden if:
You work with a group of individuals to grow and harvest food
You and other group members eat the produce, or sell or donate it
If you want to sell your produce on-site, you can:
Sell whole, uncut, fresh food grown in your community garden (no produce from other gardens/farms, no processed goods, no crafts or any other non-garden product) if the property is an empty lot with no house on it
You cannot sell on-site if the property is occupied. If a community garden encompasses several lots, of which one or more are vacant, you may sell on one of the vacant lots
Other guidelines for a community garden:
Your garden may be divided into separate garden plots or may be farmed collectively
The garden may be on an empty lot or may share a lot with a home or other structure (such as a church)
If the property is occupied, you cannot grow “Row crops” in the front yard. “Row crops” are defined as grain, fruit or vegetable plants over 24 inches in height and grown in rows. “Row crops” do not include trees, bushes or shrubbery. “Row crops” can be grown in a 5-foot wide border along the property lines and front of the principal building (see full definition at end of document)
All garden-related buildings and structures must comply with building and zoning codes
All chemicals and fuels must be stored in an enclosed, locked structure when the site is unattended
A community garden is now allowed as a principal or accessory use of the property
You have Crop Agriculture if:
You grow and harvest food crops for off-site sale or donation at locations where retail sales are allowed (i.e. farmer’s markets, restaurants, grocery stores)
If you want to sell your produce on-site, you can:
Apply for a Special Use Permit from the Board of Zoning Adjustment (See additional information below)
In areas zoned R-80, you can sell whole, uncut, fresh food on-site without a Special Use Permit
Other guidelines for crop agriculture:
The city’s legal department has indicated that it approves of employees and apprentices on vacant lots but not on occupied sites; however, this is not stated explicitly in the codes
All farm-related buildings and structures must comply with building and zoning codes
Crops must be set back 3 feet from property lines, with ground cover in the area between crops and property lines
The site must be designed and maintained so that chemicals will not drain onto adjacent property
Crop agriculture is now allowed as a principal or accessory use of the property
You have a CSA if:
You grow and harvest food for shareholder consumption, or for sale or donation
At least part of your harvest is sold or exchanged for labor to shareholders
IMPORTANT: In order to operate a CSA in zones R-.03 through R-10 you must apply for a Special Use Permit
If you want to sell your produce on-site in addition to your regular activities as a CSA, you can:
Apply for an On-site Sales Permit, either as part of your CSA Special Use Permit or separately, from the Board of Zoning Adjustment (See additional information below)
Shareholders can pick up produce on-site without a permit that specifically addresses on-site sales
In areas zoned R-80, you do not need a Special Use Permit to sell whole, uncut, fresh food on-site or to operate a CSA
Other guidelines for a CSA:
Initially the CSA Special Use Permit may be granted for one year, and then subsequent renewals may be allowed for up to 5 years if the CSA has complied with all of the requirements of the permit in the previous period
The CSA Special Use Permit and the On-site Sales Permit can all happen within the same application/fee
CSAs may have paid or volunteer apprentices/interns working on vacant and occupied sites
Shareholders can work on the farm in exchange for a share of the food
All farm-related buildings and structures must comply with building and zoning codes
Crops must be set back 3 feet from property lines, with ground cover in the area between crops and property lines
The site must be designed and maintained so that chemicals will not drain onto adjacent property
All chemicals and fuels must be stored in an enclosed, locked structure when the site is unattended
Synthetic pesticides or herbicides may be applied only in accordance with state and federal regulations
If a CSA is on a residentially zoned and occupied property and the produce is also donated or sold on-site (not including shareholder pick-ups), “Row Crops” are not permitted in front yards. “Row crops” are defined as grain, fruit or vegetable plants over 24 inches in height and grown in rows. “Row crops”
do not include trees, bushes or shrubbery. “Row crops” can be grown in a 5-foot wide border along the property lines and front of the principal building BUT remember that CSA guidelines require a 3-foot setback on crops so the allowed border would actually be a 2-foot wide area set 3 feet in from property lines (see full definition at end of document)
A CSA is now allowed as either a principal or accessory use of the property
Additional information
SPECIAL USE PERMIT:
A permit is required for a CSA to be located in a residential district (except for R-80), and a permit is required for CSAs and Crop Agriculture to sell on-site. The permit is reviewed in accordance with procedures of Section 88-525 of the City’s Zoning & Development Code.
Once the application and filing fee are submitted, the case is scheduled for the next available City Plan Commission (CPC) and Board of Zoning Adjustment (BZA) meetings. Due to advertising and notification requirements, these dates will be roughly four to six weeks after you apply, so plan accordingly.
The CPC will review the proposal and make a recommendation to the BZA. The BZA will generally consider the request at their next meeting following the CPC meeting, and will render an official decision. These boards meet in the City Council Chambers, on the 26th floor of City Hall. The CPC meets on the first and third Tuesdays of each month, and the BZA meets on the second and fourth Tuesdays.
Both CPC and BZA are public hearings, so notices of your request for special use permit are sent to all property owners within 300 feet of your property, as well as to the registered neighborhood associations. You should speak with your neighbors and neighborhood association board (if you have one) about your proposal prior to the first public hearing. If you explain your intentions early, this may alleviate concerns that could otherwise cause them to oppose your request.
A Special Use Permit shall not be issued unless all of the approval criteria in 88-525-09 are satisfied and may be subject to additional conditions as determined by the Board of Zoning Adjustment during the public hearing.
For further information or to obtain an application for Special Use Permit for Crop Agriculture or CSA, contact the City Planning & Development Department staff at (816) 513-2846.
R-80 EXEMPTIONS:
If you are in a district zoned R-80:
Crop Agriculture can sell whole, uncut, fresh produce grown on the property without a permit. This category also permits the use of land for the production of row crops, field crops, tree crops, timber, bees, or fur-bearing animals
Home Gardens , occupied CSAs and occupied Community Gardens can grow “Row crops” in the front yard
CSAs can operate without a Special Use Permit
Community Gardens can sell whole, uncut, fresh produce on occupied property
FULL DEFINITION OF “ROW CROPS”: “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.