Zoning codes can be complex and filled with legal jargon, making them challenging to decipher. You’ll need to be aware of the “vocabulary” of zoning in order to fully understand the zoning code you’ve just located. Most jurisdictions will use the same or similar jargon.
Zoning Districts
Zoning codes divide land within a jurisdiction into different zoning districts. Each zoning district typically has its own set of regulations. It is crucial to understand the specific zoning district(s) that apply to the property you are or will be farming and/or using for a non-farming purpose. This information can typically be found in the zoning map or zoning district regulations within the zoning code.
Common zoning districts for farmland include Agricultural, Rural Residential, and Conservancy districts. Generally, different districts will be labeled by acronym on a zoning map (e.g. “RR” for Rural Residential) and you may have to find the acronym for your parcel on a zoning map and then separately cross reference the zoning code to find the acronym’s meaning.
Allowed Uses
Often the uses that are allowed in a particular zoning district are described as “permitted” uses. Look for sections or tables listing allowed or permitted uses. These lists outline the activities and land uses that are allowed without requiring special permissions or approvals.
Rather than describing allowed uses, some codes list the disallowed uses. If the code lists only allowed uses, everything else is disallowed, and vice versa.
Oftentimes, zoning codes will refer to accessory uses. These are uses that are allowed only if they are connected to a principal permitted use. For example, in an agricultural zoning district, a principal permitted use is “agriculture use.” An accessory use may be “processing and packaging agricultural products.”
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Tip: When reviewing the allowed and accessory uses, pay attention to any specific restrictions, limitations, or requirements related to agricultural uses, processing activities, or housing. Look for provisions related to the scale of production, types of products or processing activities, equipment usage, and occupancy limits.
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Special Note About Urban Agriculture: Urban farmers will need to pay particular attention to their zoning codes. While some jurisdictions allow for agricultural uses in urban residential, industrial, or commercial zoning districts, they often include specific limitations. In addition, zoning codes will often require special use or conditional use permits for agricultural activities conducted in urban areas.
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Conditional Uses
In addition to allowed uses, zoning codes often include provisions for special or conditional uses. These allow certain activities to be conducted on a property with additional review and approval processes, often by securing a permit. The permitting process helps make sure certain obligations are met, such as a minimum amount of off-road parking, adequate restroom facilities or waste management, and attention to noise levels, among other concerns. Some conditional uses may also require a public hearing to be held before the permit is issued. The public hearing is an opportunity for neighbors to voice support or potential concerns for the proposed activity. It is critical to know in advance which activities will require such permits.
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Tip: When reviewing the provisions for special or conditional use permits, note any specific requirements, limitations, or conditions that must be met to obtain a permit. For example, if hosting agritrourism events requires a permit, note any restrictions on the number of events, attendance limits, noise control measures, or parking requirements.
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Start by discovering in which code the property falls, and then read up on which activities are allowed or disallowed in that zone.
Definitions Set by your Jurisdiction
Zoning codes often include definitions of key terms and phrases used throughout the document. These definitions can provide clarity when trying to decipher what the document actually means. If there is a term that you’re unsure about, be sure to see if it’s included in the definition section. Terms such as “agricultural activities,” “value-added,” and “agritourism” are sometimes explicitly defined. Going back to review and understand any definitions that are included in the zoning code helps make sure your overall interpretation of the document is accurate.