I wanted to let folks know what has led to this point, and where I see us going
from here.
Currently, there is no zoning code definition for an urban farm. Zoning staff
have allowed Growing Lots to farm on their current site by using a
"substantially similar" analysis. What that means is that they've used an
existing zoning code definition - for commercial greenhouses (think Bachmann's)
- and said that Growing Lots is substantially similar to one of those, so we'll
allow it in the same sorts of areas a greenhouse would be allowed, under the
same sorts of restrictions.
Unfortunately, there's nothing in either the zoning code definition of
commercial greenhouses nor the regular historical practice of commercial
greenhouses that involves housing tens of chickens. So when Growing Lots asked
for a permit for a maximum of 75 chickens, zoning staff didn't believe that
they had any authority to approve the request.
In many cases, the Zoning Administrator can be prevailed upon to show lenience.
This situation is unique, however, in that it involves a relationship between
two departments: Zoning and Animal Care and Control. Zoning couldn't approve
the permit, and AC&C can't allow the chickens without one. There's not much
grey area - without a permit, the chickens shouldn't be there.
So where do we go from here?
Well, it so happens that we are in the middle of a process to change the City's
zoning code right now, based on the recommendations in the Urban Agriculture
Topical Plan. That work is expected to be finished by next February. One of
the recommendations is to define urban farms.
If you have an opinion as to whether animal agriculture, specifically chickens,
should be allowed as one of the activities of an urban farm, it would be a good
idea to get involved in the community engagement process for the zoning code
amendments this fall. I'm a good contact for that. I know that Stefan is
being included in a focused discussion on urban farms and market gardens that
will happen in early August.
My focus at this point is on the long term, and trying to make sure that the
way this situation has evolved won't damage our long term options for allowing
vibrant urban farms.
Robin Garwood
Policy Aide to Council Member Cam Gordon