Springdale, Arkansas: FOOD SYSTEM ASSESSMENT
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SPRINGDALE FOOD SYSTEM: INFORMAL FOOD ASSESSMENT, URBAN AGRICULTURE AND LEGAL RULES
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Transcript of Springdale, Arkansas: FOOD SYSTEM ASSESSMENT
SPRINGDALE FOOD SYSTEM: INFORMAL FOOD ASSESSMENT, URBAN AGRICULTURE AND LEGAL RULES
SPRINGDALE FOOD SYSTEM: INFORMAL FOOD ASSESSMENT, URBAN AGRICULTURE AND LEGAL RULES
This project was completed by Mark Opanasiuk during the Fall 2015 for 1 (one) credit Urban Agriculture: Law & Policy Class in LL.M. Program in Agricultural and Food Law at the University of Arkansas School of Law. The document analyzes food system in the City of Springdale in Northwestern Arkansas and provides policy recommendation for development of urban agriculture in Springdale.
Photo credit for the front page: http://www.facingchangeusa.org/project/land-bound-in-the-ozarks/; http://www.localharvest.org/springdale-farmers-market-M50066; http://ar.foodmarketmaker.com/business/1627673-springdale-farmers-market; https://communitygarden.org/find-a-garden/gardens/growing-roots-springdale-community-garden/; https://upload.wikimedia.org/wikipedia/commons/a/a7/Springdale_High_School%2C_Arkansas.JPG
e-mail: [email protected] Fayetteville, Arkansas, 2015
2015
TABLE OF CONTENTS
CHAPTER I: SPRINGDALE FOOD SYSTEM ASSESSMENT 41.1. Geographic Location 4
1.2. Population, Unemployment and Income 4
1.3. Previous Springdale Food System Assessments 5
1.4. Springdale Foodshed Boundaries 6
1.5. Food Patterns in Springdale and NWA 6
1.6. Local Agricultural Production 7
1.7. Local Food Industry 9
1.8. Food Insecurity in Springdale 11
1.9. Food Deserts in Springdale 13
Map of Food Deserts in Springdale 141.10. Walkability to Food Sources in Springdale 14
Walk Score Map 15
Restaurant Choices Map 15
1.11. Food Support Programs in Springdale 16
1.12. Food Pantries in Springdale 16
1.13. List of Local Food Sources and Organizations 18
Farmers’ Markets in Springdale 18
Community Supported Agriculture around Springdale 19
Farms and Agricultural Cooperatives around Springdale 19Community Gardens in Springdale 20
Food Pantries and Community Meal Organizations in Springdale 20
NGOs, Associations and Organizations Promoting Food Security, Local Food and Urban Agriculture 21
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CHAPTER II: LEGAL RULES AND AUTHORITIES IN SPRINGDALE222.1. Legal Rules and Authorities in Springdale 22
2.1.1. Springdale Authorities 22
Ward Map of Springdale, AR 232.1.2. Legal Rules Defining Municipal Powers 23
2.2. Analysis of Comprehensive Land Use Plan 24
2.2.1. General Provisions 24
2.2.3. Urban Agriculture Supporting Language 25
City of Springdale Comprehensive Land Use Plan Map 26
General Land Use 26
Residential Land Use 27
Commercial Land Use 27
Industrial Land Use 27Public Land Use 28
Downtown District 28
City of Springdale Downtown Master Plan 29
2.2.4. How Comprehensive Land Use Plan Can Support Urban Agriculture in Springdale 29
2.3. Land Zoning and Urban Agriculture 31
2.3.1. General information 31
2.3.2. Districts and Allowed Uses 31
Agricultural District 33
Residential Districts 35Commercial Districts 36
Open-air sales of food in Commercial Districts 37
Industrial districts 38
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PUD, Planned Unit Development District 38
P-1, Institutional district 39
FP, Floodplain overlay district 39
2.3.3. Gardening and Greenhouses in Springdale 39
2.3.4. Animal Waste Products as Fertilizers 40
2.3.5. Keeping Animals in Springdale 41
Zoning District Map of Springdale 432.4. Right to Farm in Arkansas 44
2.4.1. The Scope of Agricultural Operations 44
2.4.2. Statutory Protection of Agricultural Operations 45
2.4.3. Applicability to Urban Agriculture 46
2.5. Policy Recommendations 48
2.5.1. Attempt to Introduce Fowl to Springdale 48
2.5.2. Increasing Access to Fresh Vegetables and Fruits in Springdale 49
Gardens and Greenhouses for All Residential Districts 50
Gardens and Greenhouses for Commercial Districts 50
Cottage Food Sales from the Site in Residential Districts 51
Cottage Food Sales at the Agricultural & Produce Yard Sales 53
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Chapter I: SPRINGDALE FOOD SYSTEM ASSESSMENT 1.1. Geographic LocationCity of Springdale (hereinafter — Springdale) is located in Northwestern Arkansas (NWA) with city limits in two bordering counties. The main part of Springdale is located in Washington County, the small part of city limits extents in Benton County. It borders with cities: Cave Springs, Lowell and Bethel Heights to the North; Elm Springs and Tontitown to the West; Johnson and Fayetteville to the South. This City is the fourth largest city in Arkansas (after Little Rock, Forth Smith and Fayetteville). Springdale has a total area of 41,80 square miles. Also in 2014 Springdale was named the 10th 1
fastest growing small city in the United States.2
1.2. Population, Unemployment and Income3In 2014 Springdale’s population was estimated as 77.565 people. This is the city with 4
various ethnic and racial population. Approximately 7.220 residents are foreign born, it is 14% higher than average in Arkansas (2,8% v. 15,8%).
Population estimated for 2014, information about the total area is dated 2010. Springdale (city), 1
QuickFacts, United States Census Bureau, http://quickfacts.census.gov/qfd/states/05/0566080.html
Springdale Chamber of Commerce, National Acclaim, http://springdale.com/your-new-hometown/easy-2
living/national-acclaim/
Detailed information about Springdale is available here http://www.city-data.com/city/Springdale-3
Arkansas.html
Population estimated for 2014, information about the total area is dated 2010. Springdale (city), 4
QuickFacts, United States Census Bureau, http://quickfacts.census.gov/qfd/states/05/0566080.html
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3.1%
1.8%2.0%
6.9%
34.6%
51.6%
White (39.088) Hispanic (26.251) Pacific Islanders (Marshalese, Hawaiian and other (5.237))Black (1.516) Asian (1.351) Other (includes Indians (806) and other races (1576))
The information about median household income, per capita income and unemployment rate is relevant for food system assessment and recommendations proposals. Per capita income in Springdale is less than average in Arkansas. Comparing numbers of median household income and per capita income we may conclude, that in Springdale there are households with more members who work, but still have lower income. It tells also about higher poverty rate and, consequently, food insecurity rate in Springdale. These information will be discussed more detailed in Chapter II.
1.3. Previous Springdale Food System Assessments Springdale food system as a part of regional food system was partially analyzed in the following Food Assessments:
1. NWA Regional Food Assessment was conducted in 2014 by Karen Karp & Emily Sandusky, Karp Resources in July 2014 for Northwest Arkansas Council and Northwest Arkansas Regional Food Council. The food assessment was aimed to measure and understand the region’s food and agriculture assets and challenges to fully realizing the potential of farmers and food businesses to contribute to the region’s economy, community health, and well-being.5
NWA Regional Food Assessment (2014) is available at http://www.nwafood.org/ 5
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median household income (2013)
$40,000.00 $40,750.00 $41,500.00 $42,250.00 $43,000.00
$40,511$42,050
Springdale Arkansas
unemployment rates (June 2014)
0.00% 1.75% 3.50% 5.25% 7.00%
6.5%4.4%
annual per capita
money income
$0.00 $6,750.00 $13,500.00 $20,250.00 $27,000.00
$22,170.00$26,715.00
$23,264.00$18,390.00
Springdale Washington County Benton County Arkansas
2. A Community Food Assessment of Benton and Washington Counties “Increasing Access to Healthy Food and Healthy Food Choices in Pantries and Community Meal Programs” was conducted by Cathrine Schwader from Clinton School of Public Service in 2014).The aim of study was to discover the current practices of food pantries and community meals in Benton and Washington counties with an emphasis on the healthy food options available. 6
This document is aimed only on Springdale, but it will also use the information from above mentioned food assessments related to NWA regional food system or Washington and Benton Counties.
1.4. Springdale Foodshed BoundariesA “foodshed" is the geographic location that produces food for a particular population. The term describes a region where food flows from the production area to the consumption place, including the land it grows on, the route it travels, the markets it passes through, and the tables it ends up on. Nowadays you can find any food on 7
shelves of Springdale supermarkets from different parts of the world. In broad sense Springdale’s foodshed is the whole world. But the “local foodshed” is usually referred to the territories of locally grown food for population on this territory. One common measure of "eating within a foodshed" is whether produce has traveled under 100 “food miles”. Latest NWA Regional Food Assessment shows that food buyers in NWA area 8
define local within range from 1) products grown or raised within the same town as the buyer to 2) products grown within a 60-mile radius, a 150-mile radius, or within the Arkansas State. 9
1.5. Food Patterns in Springdale and NWANWA population has diverse food patterns. The food diversity exists because of various ethnic population living and farming in NWA and existence of big international businesses in the area with employees from different parts of the world with various food habits. Springdale also has diverse population with big number of Hispanic and Pacific Islanders descendants, who have own food habits and cuisine.
If speak about businesses, the NWA area does not have a strong local food brand which could unite locally produced food to promote it in NWA area and outside. “Arkansas Ozarks” or “Ozarkansas” (as coined by Feed Communities’ — regional Edible
Community Food Assessment (2014) is available at http://www.fumcrogers.org/pdf/6
FoodPantryAssessment.pdf
Foodshed Alliance, http://foodshedalliance.org/what-is-a-foodshed/ 7
Food Miles Movement Fueled by Local Food. Environmental Nutrition 34 (6): 3. 20118
NWA Regional Food Assessment (2014), pg.24, http://www.nwafood.org/ 9
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publication), or a similar brand could capture regional farm, food, and culinary marketing efforts.10
Accordingly to NWA Regional Food Assessment: • Northwest Arkansas’s 176,452 households spend over USD 1 billion on food each
year, with USD 790 million spent on groceries and USD 298 million spent on restaurants and take out meals. Springdale’s 23,613 households proportionally 11
spend approximately over USD 135 million on food each year (over USD 105 million spent on groceries and over USD 30 million — on restaurants and take out meals).
• Supermarkets and grocery stores are major retailers of local food and top food source for grocery shoppers.
• 79% of grocery shoppers prefer to choose a grocery store, market, or restaurant that offers locally grown foods over a competitor that does not.
• 3/4 of grocery shoppers frequently or sometimes purchase local food during the growing season. The majority of shoppers do this in order to support local farmers and businesses.
• Grocery shoppers are willing to spend up to additional 25% of total food spending on local products that are affordable, easy to identify, and available where they usually shop.
• Single unit restaurant operators are purchasing local products from smaller farmers, often at farmers’ markets and expect to pay no more than a 10% to 20% premium for local products
• Commercial buyers believe that local produce is superior in flavor because it is bred for taste and picked at peak of ripeness.
• Local grown fresh fruits and vegetables are in the highest demand, followed by meat, poultry, and eggs.12
1.6. Local Agricultural ProductionThe wide definition of local agricultural production allows us to speak about the local food as a products from NWA area, or about products of Benton and Washington counties, where Springdale is located. NWA has 7,035 farms on 1,142,427 acres in the four counties. Farmland is 55% of all land in Benton, Washington, Carroll, and Madison counties.
99% of the total NWA market value of agriculture in the region are poultry and livestock production. USD 1.3 billion in sales, poultry and eggs account for 88% of all livestock sales in the region. Over 95% of broiler farms and over 98% of turkey farms—are under production contracts with poultry companies. 69% of NWA farms raise cattle and calves.
NWA Regional Food Assessment (2014), http://www.nwafood.org/ 10
Number of households in Springdale is from United States Census Bureau, http://11
quickfacts.census.gov/qfd/states/05/0566080.html
Id., pg. 24, 2912
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Their annual sales are $159 million — account for 11 percent of the region’s livestock sales. 80% of cropland in NWA is used to produce forage crops, which are used as feed for cattle and other livestock and could appropriately be considered part of the meat supply chain. Fruits and vegetables are produced in low quantities on limited land in Northwest Arkansas (only 1% of total sales are fruits and vegetables). Only 110 farms in NWA sell vegetables and 72 have land in orchards. The majority of fruit and vegetable producers are farming on relatively small acreage: 103 of 110 total vegetable farmers grow on fewer than 25 acres and 84 of 110 vegetable grow on fewer than 5 acres; and 65 of 72 fruit farmers have orchards on fewer than 25 acres and 44 of 72 have orchards on fewer than 5 acres. 13
Springdale is located in Benton and Washington counties. The information about agricultural production in these counties is based on the 2012 U.S. Census of Agriculture.14
Northwestern Arkansas Regional Food Assessment (2014): http://www.nwafood.org/ 13
2012 U.S. Census of Agriculture, http://www.agcensus.usda.gov/Publications/2012/ 14
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Benton County: Farms and Agricultural Production2012 2007 % change
Number of farms 2,157 2,151 0
Land in Farms 304,857 acres 254,608 acres + 20
Average Size of Farm 141 acres 118 acres + 19
Market value of Product Sold
USD 529,128,000 USD 433,957,000 + 22
Crop Sales 1% USD 5,050,000
Livestock Sales 99% USD 524,078,000
Average per Farm USD 245,307 USD 201,747 + 22
Government Payments USD 1,832,000 USD 495,000 + 270
Average per Farm USD 6,190 USD 3,459 + 79
1.7. Local Food Industry Based to NWA Regional Food Assessment (2014) there are around 41,000 food jobs in NWA. Food and hospitality jobs account for 23% of all jobs in the region (compared to 17% nationwide). Food and hospitality occupations in the Fayetteville–Springdale–Rogers metropolitan statistical area (MSA) increased by 17 percent from 24,600 jobs in 2005 to 28,800 jobs in 2012. These occupations are expected to grow by 10 percent over the next decade, an increase of approximately 2,800 jobs. There is growing need for lower-level service workers—fast food workers, waiters and waitresses, however, restaurant cooks and first-line supervisors positions are also expected to see gains.
Springdale has a developed poultry processing industry, including large hatcheries and/or processing plants owned and operated by Tyson Foods, Cargill, and George's throughout the city. Since Tyson Foods and George's both are based in the city, a host of administrative/executive/support staff is also employed in Springdale to support these large operations. Tyson Foods - the world largest meat producer has HQ in Springdale. Tyson Foods is also a top city employer. Because of poultry industry the Arkansas Governor Mike Beebe signed in 2013 law naming Springdale “The Poultry Capital of the World”. 15
Washington County: Farms and Agricultural Production2012 2007 % change
Number of farms 2,502 2,915 -14
Land in Farms 311,752 acres 327,225 acres -5
Average Size of Farm 125 acres 112 acres + 12
Market value of Product Sold
USD 443,025,000 USD 417,965,000 + 6
Crop Sales 2% USD 7,042,000
Livestock Sales 98% USD 435,983,000
Average per Farm USD 177,068 USD 143,384 + 23
Government Payments USD 1,611,000 USD 264,000 + 510
Average per Farm USD 4,576 USD 2,586 + 77
Arkansas Online, House OKs naming Springdale world's poultry capital, dd. April 2, 2013, available at: 15
http://www.arkansasonline.com/news/2013/apr/02/house-oks-naming-springdale-worlds-poultry-capital/
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NWA grocery stores are larger in terms of employment than in peer regions. However, Northwest Arkansas has less food retailer establishments per capita, including grocery stores and specialty food stores, than other areas.16
The statistic is from http://www.city-data.com/city/Springdale-Arkansas.html16
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Total number of grocery stores: 25
Coefficient for 10.000 population 0.00 0.53 1.05 1.58 2.10
2.021.29
Washington County Arkansas
Number of supercenters and clubs stores: 4
Coefficient for 10.000 population0.20 0.21 0.23 0.24 0.25
0.250.21
Washington County Arkansas
Number of convenience stores (no gas): 4
Coefficient for 10.000 population0.00 0.15 0.30 0.45 0.60
0.590.21
Washington County Arkansas
Number of convenience stores (with gas): 66
Coefficient for 10.000 population0.00 1.25 2.50 3.75 5.00
4.943.41
Washington County Arkansas
Number of full-service restaurants: 190
Coefficient for 10.000 population0.00 2.50 5.00 7.50 10.00
6.669.80
Washington County Arkansas
1.8. Food Insecurity in SpringdaleAround 28,8% of Arkansas population live in NWA. The data about food insecurity in NWA was collected by Northwest Arkansas Food Bank. This food bank is a member of “Feeding America” food banks nationwide network. Northwestern Arkansas Food Bank serves 4 counties: Benton, Carroll, Madison and Washington. In four counties live around 74,360 food insecure people (or 15,5% of population in food bank’s service area). Accordingly to the information on Northwestern Arkansas Food Bank web-site statistically 1 of 4 people in NWA face food insecurity daily. Food insecurity — the 17
condition assessed in the food security survey and represented in USDA food security reports—is a household-level economic and social condition of limited or uncertain access to adequate food. Hunger is an individual-level physiological condition that may result from food insecurity.18
Also Arkansas is the 3rd poorest state in the United States. Washington and Benton 19
counties are two counties with the most people living below the poverty level in Arkansas. Poverty rate in Springdale is even higher. 20 21
Northwest Arkansas Food Bank, http://www.nwafoodbank.org/, Also information about food insecurity 17
on counties’ level is available at http://map.feedingamerica.org/
USDA, Definitions of Food Security, http://www.ers.usda.gov/topics/food-nutrition-assistance/food-18
security-in-the-us/definitions-of-food-security.aspx
America’s richest (and poorest) states, http://finance.yahoo.com/news/america-richest-poorest-19
states-040318647.html
The U.S. Census web-site, http://www.census.gov/ 20
Statistic data about Springdale, AR, http://www.city-data.com/city/Springdale-Arkansas.html21
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0%
13%
25%
38%
50%
Percentage of Springdale residents living in poverty (2013)
47.3%
33.5%39.1%41.5%
34.2%
10.6%
White residents Black residents Hispanic residentsNative americans Pacific Islanders Other race
According to the consumer survey made by Karp Resources in July 2014, prices are the primary obstacle keeping Northwest Arkansas grocery shoppers from purchasing all of the healthy foods they’d like to buy for: • 63% of all grocery shoppers;• 81% of households with a total income of $50,000 or less; and • 73% of households with children at home.22
Food Insecurity & Poverty in Arkansas and SpringdaleNationwide Arkansas Washington Benton Springdale
Food insecurity rate 15,8% 19,7% (584,270 people)
17,2% (35,810 people)
13,9%(31,660 people)
n/a
Estimated food support program
eligibility
• 24% - Above Other Nutrition Program threshold of 185% poverty;
• 15% - Between 130-185% poverty;
• 61% - Below SNAP threshold 130% poverty.
• 35% - Above Other Nutrition Program threshold of 185% poverty;
• 16% - Between 130-185% poverty;
• 49% - Below SNAP threshold 130% poverty.
n/a
Child food insecurity level
21,4% 28,4% 27% (14,170 people)
23,9%(15,030 people)
n/a
children eligibility for nutrition programs
(incomes at or below 185% of poverty)
79% of food insecure children are eligible for nutrition programs
70% of food insecure children are eligible for nutrition programs
n/a
Poverty level 15,4% 18,9% (560,644 people)
20,9% (46,146 people)
11,7% (28,352 people)
23,8% (18,222 people)
Average meal cost USD 2,79 USD 2,65 USD 2,68 USD 2,71 n/a
NWA Regional Food Assessment (2014), http://www.nwafood.org/ 22
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Poverty cause food insecurity, bad diet choices, obesity, diabetes and other health problems. Arkansas is number 1 in obesity level in the USA. Washington County 23
has higher level of low income preschool obesity rate, which signalizes about bad diets and limited access to affordable and available healthy food.
1.9. Food Deserts in Springdale Food deserts are defined as urban neighborhoods and rural towns without ready access to fresh, healthy, and affordable food. Instead of supermarkets and grocery 24
stores, these communities may have no food access or are served only by fast food restaurants and convenience stores that offer few healthy and affordable food options.
Accordingly to USDA Food Research Atlas many citizens in Springdale and its boroughs have limited access to supermarkets, grocery stores, or other sources of healthy and affordable food.25
Availability and affordability of healthy food is two key issues in fighting food insecurity. If food prices affect affordability of food, food deserts directly affect availability of food. In Springdale and surroundings there are areas with low access to a healthy food retail outlets (at least 33% of population or a minimum 500 people in the area live more than
Trust for America’s Health: http://healthyamericans.org/states/?stateid=AR23
USDA Agricultural Marketing Service web-site, https://apps.ams.usda.gov/fooddeserts/24
fooddeserts.aspx
http://www.ers.usda.gov/data-products/food-access-research-atlas.aspx25
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Adult diabetes rate
0% 3% 5% 8% 10%
9.8%6.9%
Washington County Arkansas
Adult obesity rate
24% 26% 27% 29% 30%
29.1%25.2%
Washington County Arkansas
Low income preschool
obesity rate
0% 5% 9% 14% 18%
13.6%17.5%
Washington County Arkansas
1 mile from a supermarket or a large grocery store in urban areas, and as more than 10 miles from a supermarket or large grocery store in rural areas). Also there are areas with 20% and more poverty rate, or areas, where median family income does not exceed 80% of statewide median family income. These areas are marked as food deserts in USDA Food Research Atlas.
Map of Food Deserts in Springdale
Citizens who live in green zones live in low-income areas that have low level of access to grocery stores or other healthy and affordable food retail outlets.
1.10. Walkability to Food Sources in SpringdaleThe WalkScore rates Springdale 23/100 scores on walkability (score of walking distance to nearest shops and services) and defines it as a car-dependent city (almost all errands require car). Green color on the picture below shows areas where grocery shops are in the closest walkable distance. Also on the WalkScore website there are listed 147 places in Springdale to eat out of home. People in Springdale can walk to an average of 0.3 restaurants, bars or coffee shops in 5 minutes. On the other hand, the food out of home in restaurants, pizzerias or other places is not affordable for food insecure people living in poverty. Walkability score of Springdale is lower comparing
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with neighboring cities (Fayetteville and Bentonville). The areas without color have 0 (zero) walkability score. It means that the nearest food source is located quite far for walkable distance.26
Walk Score Map
Restaurant Choices Map
WalkScore web-site, https://www.walkscore.com/26
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1.11. Food Support Programs in SpringdaleIn Springdale in grocery stores and at Farmers’ Market there are food support programs funded through USDA (SNAP, WIC Vouchers, Senior Coupons). Also in NWA area exists one more program funded by Walmart. These programs help food insecure citizens to buy healthy food at Farmer Market and grocery stores:• SNAP (Supplemental Nutrition Assistance Program);27
• WIC Vouchers (WIC Farmers’ Market Nutrition Program);28
• Senior Coupons (USDA Senior Farmers Market Nutrition Program);29
• Double Your Dollars (Program sponsored by Walmart).30
17% of Arkansas’s population receive SNAP benefits during an average month. But 31
only 74% of eligible Arkansans participate in the SNAP program. 26% of 644,000 eligible Arkansans are not accessing benefits that would increase their food budgets and contribute to the regional economy. Washington County has the second highest 32
SNAP enrollment rate in Arkansas. In 2011 the average yearly SNAP redemption per 33
store was $302,718 in Washington County. In 2013 in Arkansas around $45,000 was 34
allocated to match farmers’ markets purchases made with SNAP, Senior Coupons and WIC farmers’ market coupons. The entire value of the match was utilized by low-income consumers at Northwest Arkansas farmers’ markets.35
1.12. Food Pantries in SpringdaleThe Northwest Arkansas Food Bank partners with over 180 community agencies that provide emergency meals—via either soup kitchen or food pantries—in Benton, Carroll, Madison, and Washington Counties. In Springdale there are at least 7 food pantries and community meal organizations.36
USDA, http://www.fns.usda.gov/snap/supplemental-nutrition-assistance-program-snap27
USDA, http://www.fns.usda.gov/fmnp/wic-farmers-market-nutrition-program-fmnp28
USDA, http://www.fns.usda.gov/sfmnp/senior-farmers-market-nutrition-program-sfmnp29
Arkansas Farmers' Market SNAP, https://marketsnap.uark.edu 30
U.S. Department of Agriculture Food Environment Atlas; SNAP information is not available at County or 31
Springdale level, http://www.ers.usda.gov/data-products/food-environment-atlas.aspx
NWA Regional Food Assessment (2014), pg.41, http://www.nwafood.org/ 32
Arkansas Department of Human Services, http://humanservices.arkansas.gov/33
Reaching Those in Need: State Supplemental Nutrition Assistance Program Participation Rates in 34
2011, USDA Food and Nutrition Service
NWA Regional Food Assessment (2014), pg.41, http://www.nwafood.org/ 35
“A Community Food Assessment of Benton and Washington Counties “Increasing Access to Healthy 36
Food and Healthy Food Choices in Pantries and Community Meal Programs”, 2014
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Around 12% of Northwest Arkansas population with a household income under $50,000 reported visiting a soup kitchen or food pantry in the year prior to the consumer survey performed by Karp Resources in July 2014. Food pantries and community meal 37
organizations purchase food and receive donations from different sources. But the main sources of food for food pantries and community food providers in NWA are the following organizations:
The following organizations were also mentioned by one to four organizations as sources for both donated and purchased foods: Tyson Chicken, restaurants, farmers market, Fresh Market, Thomas Brothers Produce, and Twin City Produce. Additionally different Northwest Arkansas non-profits are coordinating gleaning efforts directly with individual soup kitchens and food pantries. “Feed Communities” was piloting a fresh produce recovery initiative with Harps. “Seeds That Feed” collected unsold fruits and vegetables from the Fayetteville farmers’ market and distributes fresh produce in good condition to local community meals programs and food pantries. Many representatives of food pantries and community meals providers show interest in creation and development of community gardens to supply fresh products to the food pantry or community meal. Also 2/3 food pantries and community meal providers in Benton and Washington Counties in the survey indicated possible increase of fresh products they will serve in future. This fresh products may come from different sources, including urban agriculture.38
NWA Regional Food Assessment (2014): http://www.nwafood.org/ 37
“A Community Food Assessment of Benton and Washington Counties “Increasing Access to Healthy 38
Food and Healthy Food Choices in Pantries and Community Meal Programs”, pg.23, 2014
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0
7.5
15
22.5
30
mentioned by number of NWA food pantries and community meal organizations
566679
14
27
NWA Food Bank Walmart Harps Aldi'sAllen's Canning Arkansas Rice Depot Hope Distributors USDA Community programs
1.13. List of Local Food Sources and Organizations39
Farmers’ Markets in Springdale • Springdale Farmers’ Market
Location: Jones Center for Families, Hwy 265 & E.Emma http://www.springdalefarmersmarket.org/Since 1997 it sells fresh local fruits and vegetables and, herbs, honey, frozen meat, flowers, plants, handmade crafts; provide educational activities. All products are grown by local farmers and craft vendors from Washington, Benton, Madison, Carroll Counties. Additional payment types accepted at market:
- WIC Vouchers - Senior Coupons - SNAP - Double Your Dollars
web-site: http://www.springdalefarmersmarket.org/ 40
• New Farmers’ Market at Mill StreetLocation: Mill Street, Springdale, Arkansas 72764 http://www.millstmarket.com/
Springdale local food activists advocated campaign for a new Farmers’ Market at Mill Street near historic downtown. In November 2015 the City Council had hearings to vote for changing ordinances to establish the second farmers market close to historic down town in Springdale. Currently farmer market activists are looking for local food and 41
craft producers. Especially, in their opinion the following items are underproduced: - Woodwork (bird & bat houses, cutting boards, spoons, etc.);- Organically grown products (do not have to be certified, certified Naturally Grown is a plus);- Flowers;- Chicken, duck or goose eggs;- Honey;- Fresh baked bread;- Jams and Jellies.42
The opening day is announced on April 30, 2016. One of the mission of the new farmer’s market is “to make fresh, locally grown produce and locally produced handcrafts available to the people of Springdale and surrounding communities”.
This list is open and not all inclusive39
http://www.springdalefarmersmarket.org/40
http://www.nwaonline.com/news/2015/nov/05/springdale-couple-seeks-to-start-new-fa/?news-arkansas-41
nwa
https://www.facebook.com/MillStreetMkt42
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Accordingly to Market’s Vendor Guidelines new farmers’ market will work 1 day per week (or 2 days, if there are enough interested vendors), vendors will pay daily fees.43
• Also there are other farm markets located in close proximity to Springdale:• Rogers' Farmers Market Rogers, AR• Green Fork Farmers Market Fayetteville, AR • Fayetteville Square Farmers Market Fayetteville, AR • Benton County Farmers Market Rogers, AR• Bentonville Farmers Market Bentonville, AR
Community Supported Agriculture around Springdale The official information about CSA in Springdale was not found. But accordingly LocalHarvest web-site there are 7 CSA Farms close to Springdale (none of them is located in Springdale):• Grass Roots Farmers' Cooperative Clinton , AR • Emerald Valley Farms Rogers, AR • Red Hat Farms Bentonville, AR • Sycamore Valley Farm Lincoln, AR • Northwest Arkansas Local Harvest CSA Fayetteville, AR • Riverbend Gardens Fayetteville, AR • Winterhaven Farm Washburn, MO 44
Farms and Agricultural Cooperatives around Springdale Accordingly LocalHarvest web-site near Springdale there are 22 farms and agricultural cooperatives:• Appel Farms; Springdale, AR • Circle E Farm; Springdale, AR • Woodbine Mead, LLC; Springdale, AR • Old Soul Organics and More; Fayetteville, AR • The Cobblestone Project Farm; Fayetteville, AR • Luther Farms; Fayetteville, AR • A Larrapin Garden; Fayetteville, AR • Mason Creek Farm; Fayetteville, AR • Ozark Natural Foods Co-op; Fayetteville, AR• Round Mountain Farm; Fayetteville, AR• Neal Family Farm; Rogers, AR • Shubat Farms; Gentry, AR • Earth Circle Farm; Lowell, AR • J&A Farms; Lowell, AR
Mill Market Vendor’s Guideline, http://media.wix.com/ugd/43
b2ea9e_676d03fc555d46d49e436c34a90e17a6.pdf
Local Harvest Web-site, http://www.localharvest.org/ 44
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• 2k Farm and Berry Company; Lowell, AR • Poormans Farm; Tontitown, AR • MMJ Farms; Cave Springs, AR • Anglin Beef; Bentonville, AR • Nature's Way Garden; Bentonville, AR • Five Sisters Farm; Bentonville, AR • Self Acres; Elkins, AR • Jubilee Farms; Hindsville, AR 45
Community Gardens in Springdale • Springdale Community GardenSpringdale has a large half-acre “Manna Gardens” community garden located on McCullough Drive at the Jones Center, which is open for all residents of Springdale. It 46
is a cooperative effort of local community organizations. It is administered by Youth 47
Strategies - a faith based 501c3 organization that is committed to empowering the potential in young people. Manna Gardens was started to provide:- A nutritional food source for our participants and their families.- An educational resource for schools to utilize for field education as well as provide a nutritional food source for their students that are in need. - An entrepreneurial venture for our student participants to understand all aspects of production, logistics, market demand, etc., of business.Through this venture Youth Strategies participants are able to take grown food to market to help support the overall mission of Youth Strategies. 48
Additionally, accordingly to Feed Communities — local umbrella organization that works to bring healthy food access to Northwest Arkansas — schools in Springdale also have own gardens, were young student can learn how to grow healthy food and can bring this knowledge back to their families.49
Food Pantries and Community Meal Organizations in Springdale Food pantries and community meal organizations located in Springdale:• Samaritan Community Center• Victory Church Springdale• Springdale Christian Church
Local Harvest Web-site, http://www.localharvest.org/ 45
The New Manna Garden, http://getmaxpro.com/bin/upload/190/files/Manna_Gardens_Presentation.pdf 46
Growing Roots: Springdale Community Garden, https://communitygarden.org/find-a-garden/gardens/47
growing-roots-springdale-community-garden/
Youth Strategies, http://www.youthstrategies.org/48
Feed Communities, http://www.feedcommunities.org/49
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• House of Hope Springdale• Bread of Life Springdale• Daily Bread Springdale• Salvation Army Springdale50
NGOs, Associations and Organizations Promoting Food Security, Local Food and Urban Agriculture • Northwest Arkansas Food Bank
It is a main distribution source for food pantries, senior centers, human service agencies, shelters, and other non-profits in NWA communities. Located in Bethel Heights, AR. Web-site: www.nwafoodbank.org/
• Feed Communities Feed Communities works at the regional level with EnergizeNWA, the Arkansas GardenCorps program, NWA Council, Bentonville Public Schools, Samaritan Community Center and Youth Strategies and the Clinton School of Public Service to cultivate and coordinate regional food initiatives in Fayetteville, Springdale,
Rogers and Bentonville. Location: Fayetteville 221 S. Locust Avenue, AR 72701Web-site: http://www.feedcommunities.org/
• Northwest Arkansas Regional Food Council This is the group of local food advocates who gathered to figure out ways to increase production, consumption, and access to local food in Northwest Arkansas. The Food Council’s first objective was to complete a regional food assessment of Benton, Carroll, Madison, and Washington Counties. Web-site: http://www.nwafood.org/
• FoodCorps ArkansasFoodCorps is a nationwide team of AmeriCorps leaders who connect kids in schools to real food and help them grow up healthy. Accordingly to FoodCorps website in Springdale AmeriCorps works at least in 4 schools: Harp Elementary School, Bayarri Elementary School, George Elementary School, Hellstern Middle School. Web-site: https://foodcorps.org/where-we-work/arkansas
“A Community Food Assessment of Benton and Washington Counties “Increasing Access to Healthy 50
Food and Healthy Food Choices in Pantries and Community Meal Programs” (2014)
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• GardenCorps ArkansasThe mission of Arkansas GardenCorps is to promote the use of school and community gardens to provide nutrition education. Accordingly to the web-site, they do not have office in Springdale. But their resource library on the web-site is valuable source of information for community gardening. Web-site: http://arkansasgardencorps.com/
• National Center for Appropriate Technologies
In Fayetteville there is located the office of ATTRA (National Sustainable Agriculture Information Service) that publishes third party research regarding small to medium farm operations, urban agriculture and gardening. Web-site: https://www.ncat.org/
____________________________________________________________________________
Chapter II: LEGAL RULES AND AUTHORITIES IN SPRINGDALE
2.1. Legal Rules and Authorities in Springdale2.1.1. Springdale AuthoritiesSpringdale is the city with City Administrator Form of Municipal Government. City is divided in four (4) wards being composed of contiguous territory and of substantially equal population and which have numbers one, two, three, and four. The city elects the Mayor for four-years (4) term to serve as the Chief Executive Officer (CEO) of the city. He presides over all city functions, rules, laws and policies. 51
The City Council is the legislative and policy-making body of city government. It sets city policy by passing ordinances and resolutions. The Council also determines the city budget and is composed of eight (8) members. Two (2) council members are elected in each of Springdale's four wards by city voters and are directly responsible to the people. Also citizens can participate in various specialized commissions. The Mayor 52
appoints positions and the City Council approves them.
AR Code § 14-48-107 (2014)51
City of Springdale, http://www.springdalear.gov/city_council/city_council_members.php 52
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The mission of Springdale is “to provide quality services for the betterment of the health, safety, welfare, prosperity, comfort, and convenience of all persons in the City of Springdale, Arkansas”. 53
Ward Map of Springdale, AR 54
2.1.2. Legal Rules Defining Municipal PowersArkansas is the state with Dillon’s Rule of local government. It means that the state does not allow local governments to take actions which are not specifically laid out in the state code. In Arkansas municipal corporations can exercise “all powers conferred by the state constitution and the General Assembly generally upon municipalities”. 55
These powers usually fit the criteria: • are explicitly granted to municipal corporations; • necessarily or fairly implied in or incident to the powers expressly granted; • essential to the declared objects and purposes of the corporation, not simply
convenient, but indispensable. 56
Mission Statement, City of Springdale’s homepage, http://www.springdalear.gov/ 53
Ward Map, City of Springdale, http://www.springdalear.gov/city_council/54
AR Code § 14-42-307 (2014)55
Matthew Sellers, County Authority: State by State Report, National association for counties (2010), 56
http://www.naco.org/sites/default/files/documents/
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W A R D M A PCITY OF SPRINGDALE, ARKANSAS
Ward 1
Ward 2
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Ward 4
Approved: March 13, 2012Ordinance #4571
Municipalities have restricted power in “taxation, assessment, borrowing money and contracting debts, so as to prevent the abuse of such power”. 57
Springdale ordinances, which contain local laws and rules, are codified in the “Code of Ordinances of the City of Springdale, Arkansas” accordingly to authority 58
granted by Arkansas Code. All local ordinances are enacted by the City Council, thus 59
policy propositions and rules amendments regarding the urban agriculture development and food security improvement in Springdale should be addressed to the City Council.
2.2. Analysis of Comprehensive Land Use Plan 2.2.1. General ProvisionsThe City of Springdale has:- Comprehensive Land Use Plan (November 6, 2012)- Downtown Revitalization Master Plan (May 2013)- City of Springdale Master Street Plan (22 July 22, 2008)These documents do not directly address food system elements.
City of Springdale Comprehensive Land Use Plan was approved on November 6, 2012. It is an aspirational plan which translates values into a scheme that describes, 60
how, why, when and where to build, rebuild or preserve the community. It serves as the City’s official guide for future development. It does not have a definite time limit and covers a period greater than one year. The Comprehensive Land Use Plan expresses current goals and policies that will shape the future, rather than show a rigid image (a snapshot) of the future itself. 61
Comprehensive Land Use Plan covers entire city and its established planning area. It refers to Arkansas Statutes §14-56-413, which allows the City to designate the area within the territorial jurisdiction for which it will prepare plans, ordinances and regulations. It is not a zoning ordinance, subdivision regulation, official map, budget or capital improvement program. It is a guide to the preparation and the carrying out of the components of the planning process.62
There is no obligatory periodical revision of Comprehensive Land Use Plan. The revision and adjustments of this Plan may happen, only when unexpected development
Arkansas Constitution article 12, section 357
Code 1973, § 1-1, https://www.municode.com/library/ar/springdale/codes/code_of_ordinances58
A.C.A. § 14-55-70159
Springdale Planning and Community Development Division, http://www.springdalear.gov/department/60
planning_and_community_development/index.php
Comprehensive Land Use Plan, City of Springdale, Arkansas, pg.161
Id. pg.1 62
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occurs and changes the development trends in an area. These adjustments are aimed to include this new influence upon development. Such adjustments should be expected and are an important part of the continuing planning process because they help strengthen the Plan and extend its time of usefulness. 63
Comprehensive Land Use Plan of City of Springdale has the following structure: - Preamble: gives general idea of its legal status and revision (pg.1);- Using The Plan: explains how and why it should be used (pg.2);- Development Goals and Policies details goals and policies in the following spheres:
- General Land Use (pg. 3-5)- Residential Land Use (pg. 6-7)- Commercial Land Use (pg. 8-9)- Industrial Land Use (pg. 10-11)- Public Land Use (pg. 11)- Downtown District (pg. 11-13)
2.2.3. Urban Agriculture Supporting LanguageComprehensive Land Use Plan does not have a special chapter that have goals and policies related to community food access, food security and public health in connection with urban agriculture, environmental sustainability and/or green space goals.
In general, the Comprehensive Land Use Plan do not address to above mentioned issues. Nevertheless, the language of few provisions from different chapters still may be used to advocate and promote food access and public health as part of city’s development goals which can be reached with urban agriculture. The primary goal for the City of Springdale is “to achieve orderly development in a rational and productive manner that organizes and directs the social, economic, political and physical forces within the City”. This broad goal does not limit 64
possible development of urban agriculture to organize city forces in rational (sustainable) and productive manner.
Id. pg.163
id. pg.264
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City of Springdale Comprehensive Land Use Plan Map 65
General Land Use The first Goal is defined as to “encourage land uses that are compatible and result in a balanced and efficient overall development pattern”. Its objective is “to 66
encourage development of a full range of properly located and well-designed community commercial facilities and residential areas”. Urban agriculture definitely fits 67
in this “full range”. But at the same time one of the policies defines “land uses with unusual characteristics or a higher likelihood of raising compatibility issues should be subject to more focused review and approval”. Another objective is to “encourage the 68
development of neighborhoods that offer quality housing, recreation, and retail services in close proximity”. The supportive policy is to develop mixed use housing and retail. 69
Promotion and creation of grocery stores with healthy food in residential areas can be realized in frames of this policy.
Map of Comprehensive Land Use Plan, http://www.springdalear.gov/department/65
planning_and_community_development/index.php
Comprehensive Land Use Plan, City of Springdale, Arkansas, pg.366
Id. pg.367
Id. pg.368
Id. pg.469
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LAKE FAYETTEVILLE
Land Use ClassificationsDowntown DistrictPublicLow Density ResidentialMedium Density ResidentialHigh Density ResidentialNeighborhood CommercialCommercialRegional CommercialLight Industrial/WarehouseHeavy IndustrialBallpark Overlay DistrictSign Overlay DistrictHistoric District OverlayFEMA Floodway Boundary
CITY OF SPRINGDALECOMPREHENSIVE LAND USE PLAN
APPROVED BY PLANNING COMMISSIONAPPROVED BY PLANNING COMMISSIONNOVEMBER 6TH, 2012NOVEMBER 6TH, 2012
The second goal is to “encourage land use patterns and development that contribute to a safe, healthy environment for residents and visitors of Springdale” . One of the objectives of this goal is periodically update the Springdale 70
Zoning Ordinance to improve its function as implementation tool of the Comprehensive Land Use Plan. It means that provisions which allow to create the environment with healthy food may be introduced in Zoning Ordinance.
Residential Land Use “Growth and development of residential areas of the City must be in areas that are safe, healthy and comfortable to those living there”.71
One of the policies is to “accommodate small-scale, limited-impact commercial development within or at the edge of residential neighborhoods to address retail (applies also to healthy food retail) and personal service needs of residents in convenient and accessible manner”. Some parts of Springdale are food deserts. 72
This policy may be used to promote healthy food retail in residential districts.
Commercial Land Use There is a goal to “assure adequate land allocation for commercial areas of sufficient size and in proper locations”. The Plan did not address issues of farmers’ 73
market importance or other healthy food access, but, farmers markets, grocery stores, restaurants as commercial activities also may count on sufficient land allocation.One of commercial land use goals is to “update zoning and development requirements periodically and incorporate needed changes that encourage the development of a wide range of commercial development and suggest to the City Council any changes in zoning or development requirements”. If the city takes 74
course on urban agriculture and healthy environment, it can change existing rules.
Industrial Land Use There are two types of industrial land use categories: light and heavy industrial. The light industrial land use category is designed to group together a wide range of industrial uses which do not produce objectionable environmental influences in their operation and appearance and are intended to provide a degree of compatibility between uses permitted in this district and those in nearby commercial and
Id. pg.470
Id. pg.671
Id. pg.772
Id. pg.873
Id. pg.974
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residential districts. That is why we can consider possible to use some industrial land use zones for urban agriculture.75
Public Land Use Community facilities should be centrally located in easily accessible areas within the City, adjacent to major streets to accommodate traffic, well buffered from nearby residential areas, and on adequate size parcels to accommodate future expansion. It 76
means that schools may have enough free land to launch school or community gardens as part of their education programs.Also, parks and recreation areas should be evenly distributed throughout the City and include larger community parks and smaller neighborhood parks, some of which may serve as buffers between different land use types. Parts of recreational areas 77
may be also used for communal gardening.
Downtown District Now Springdale’s Downtown is in transition and is no longer a primary retail center. Even the Farmers’ Market has moved east to the Jones Center, where it has a better space to set up and better access for visitors to the market. Springdale has developed 78
plan on downtown revitalization. But this plan does not address food access and 79
urban agriculture issues.
Still some goals and policies can also be used to improve the food access and environment: “promote a healthy and attractive downtown district”, “promote healthy, stable and attractive neighborhoods in the downtown district”, “encourage investment in the surrounding downtown neighborhoods in a unique living environment that provides for the daily lifestyle needs of neighborhood residents”. The healthy 80
district may have various meanings, but it also means to promote healthy food choices and to improve the environment.
Id. pg.1075
Id. pg.1176
Id. pg.1177
Springdale Downtown Revitalization Master Plan (May 2013), pg.1378
Downtown Revitalization Master Plan, http://www.springdalear.gov/department/79
planning_and_community_development/docs/Downtown_maaster_plan.pdf
Comprehensive Land Use Plan, City of Springdale, Arkansas, pg.1380
� of �28 53
City of Springdale Downtown Master Plan 81
2.2.4. How Comprehensive Land Use Plan Can Support Urban Agriculture in SpringdaleThe comprehensive plan can help ensure that food access goals cut across many city functions and departments. There are two main variants how health and food system 82
elements may be addressed in the comprehensive plan. Some communities choose to create a stand-alone health or food system element, while others choose to weave health and food access goals throughout the existing elements. Comprehensive 83
plan can also include supportive statements in the plan’s vision and overarching objectives that will highlight citywide food access goals.
A very close example is Bentonville (pop.41,613; area 31.29 mi2; located in Benton County). It is the next city to Springdale. Bentonville General Plan included in different chapters provisions that address food access and local agriculture production as goals and policies:- to preserve agricultural lands;
City of Springdale Downtown Master Plan Map, http://www.springdalear.gov/department/81
planning_and_community_development/index.php
Ringstrom E., Born B. (2007). Food Access Policy & Planning Guide, http://www.nyc.gov/html/ddc/82
downloads/pdf/ActiveDesignWebinar/King%20County%20Food%20Access%20Guide.pdf
Stair, P., Wooten, H., & Raimi, M. (2008). How to create and implement healthy general plans. 83
Retrieved from Public Health Law & Policy, http://www.phlpnet.org/sites/phlpnet.org/files/Healthy_General_Plans_Toolkit-WEB.pdf
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- to allow non-agricultural land uses that directly support the economic viability of agriculture within agriculturally zoned areas (agritourism or ecotourism, processing, packaging, etc.);
- to promote consumption of locally produced agricultural products by local businesses and institutions;
- to support and develop: farmer’s markets, internet sales, sales to local institutions, “pick-your-own” operations, farm stands and community supported agriculture.84
Additionally Food access goals can be included across other city plans, such as a Transportation Master Plan, Bicycle and Pedestrian Master Plan, Parks and Recreation Master Plan, or Sub-area Plan.
Thus, there are a vast amount of policies which can be included in the City of Springdale Comprehensive Land Use Plan to address health, environmental and food access issues. For instance, the general goal may be defined as “Healthy citizens and sustainable agriculture in Springdale”. The following objectives can detail the goal:- to promote opportunities for local farmers to bring their products into local
communities;- to support development of grocery stores / small-scale healthy food retail in
residential districts to improve food access; - to encourage transport development and pedestrian and bicycle connectivity to
grocery stores; - to encourage people to drive less, walk more, and have greater access to healthy
food by developing mixed use districts and effective transportation;- to develop community gardens to decrease negative impacts of the urban
environment;- to facilitate the use of vacant public and private land for community gardens;- to encourage the design of buildings with green roofs, rooftop food gardens or
greenhouses;- to ensure availability of healthy food choices in public buildings;- to attract new healthy food retailers and promote healthy menu in restaurants.85
The exact language can be developed and based on comprehensive plans from other cities, which implemented health, environmental and food access objectives in their comprehensive plans and other documents.
Bentonville General Plan (2007), http://www.bentonvillear.com/departments/planning-department/plans/84
general-plan
Ringstrom E., Born B. (2007). Food Access Policy & Planning Guide, http://www.nyc.gov/html/ddc/85
downloads/pdf/ActiveDesignWebinar/King%20County%20Food%20Access%20Guide.pdf
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2.3. Land Zoning and Urban Agriculture2.3.1. General information Springdale Code of Ordinances embraces all ordinances applied in Springdale. The 86
zoning ordinance is Chapter 130 in Springdale Code of Ordinances.
Generally in Springdale agricultural activities (agriculture and animal husbandry) are allowed only in agricultural district. It is prohibited to keep animals for agriculture in residential districts (with few exceptions for horses for recreation and home pets). It means fowls, cows, goats, pigs and etc. are banned in all districts except agricultural dictrict.
At the same time in Springdale residents can have back-yard flower and vegetable gardens and private greenhouses (with few limitations for some residential districts). One commercial districts also allows to establish gardens and greenhouses. All people and enterprises involved in food production under current rules can sell it to consumers through Farmer’s market and mobile vending stands in commercial districts. Agricultural occupations and agricultural products’ sales generally are licensed, spots for sales are defined by the city government.
2.3.2. Districts and Allowed UsesSection 1 Article 3 of the Chapter 130 defines the city division into districts with different uses allowed within the districts boundaries. The following type of uses are defined in the zoning ordinance:
Permitted uses or structure means allowed principal uses or structures on the lot within the district.Conditional uses or structures mean uses or structures permissible on appeal to the planning commission. No activity is allowed prior the issuance of conditional use.Accessory uses or structures means uses or structures on the same lot with, and of a nature customarily incidental and subordinate to, the principal uses or structures.
Types of uses are differentiated by units. Detailed description of diverse units is provided in Article 5 Chapter 130.
Code of Ordinances, City of Springdale, Arkansas, https://www.municode.com/library/ar/springdale/86
codes/code_of_ordinances
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Districts and Allowed Uses Applicable to AgricultureDistrict Permited uses Conditional uses Accessory uses
Agricultural districts • Unit 6, Agriculture • Unit 7, Agricultural
Husbandry
• Eating places• Horses kept in
recreational areas• Agricultural occupations
• Private greenhouses
Residential districts
R-E (residential estate district), SF-1 (low density single family), SF-2 (medium density single family), SF-3 (high density single family)
• N/A • Unit 36, horses kept in residential areas.
• Unit 28, home occupations
• Private greenhouses and horticultural collections.
• Flower and vegetable gardens.
MF-2 (low density multi-family), MF-3 (low/medium density duplex), MF-4 (low/medium density multi-family), MF-12 (medium density multi-family), MF-16 (medium/high density multi-family), MF-24 (high density multi family)
• N/A • Unit 28, home occupations
• Private greenhouses and horticultural collections.
• Flower and vegetable gardens.
SF-4 (medium density single family affordable housing)
• N/A • Unit 28, home occupations
N/A
MHP (manufactured home park)
• N/A • Unit 28, home occupations
• Private greenhouses and horticultural collections.
• Flower and vegetable gardens.
* with exceptions
Commercial
O-1 Neighborhood office district
• N/A • N/A • Private greenhouses and horticultural collections.
• Flower and vegetable gardens.
C-1 Neighborhood commercial district.
• Unit 17, eating places. • Unit 19, neighborhood
shopping goods.
• Unit 28, home occupation.
• Unit 44, mobile vending site.
• N/A
C-2 General commercial district
• Unit 17, eating places.• Unit 19, neighborhood
shopping goods.• Unit 20, shopping goods
• Unit 44, mobile vending site.
• N/A
District
� of �32 53
Agricultural District Section 1 Article 4 Chapter 130
A-1 Agricultural district. The agricultural district is designed to protect agricultural land until an orderly transition to urban development has been accomplished. It provides a usable district for certain uses which may be annexed to the city. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished. This zone will encourage single family residential usage on large tracts. In addition, due to the low density of development, agricultural uses such as crop and livestock production are allowed.Any new territories annexed to the city are considered to be Agricultural district (A-1) until its territory is rezoned by the City Council.
The following agricultural uses are allowed:Permitted uses: 1) Unit 6, agriculture; 2) Unit 7, animal husbandry.Conditional uses: 1) Unit 17, eating places (eating places, other than drive-ins, which do not provide dancing or entertainment); 2) Unit 36, horses kept in residential areas
C-3 Downtown • Unit 17, eating places• Unit 19, neighborhood
shopping goods.• Unit 20, shopping goods.• Unit 28, home
occupation.
• N/A • N/A
C-4 Planned commercial district
• Unit 17, eating places.• Unit 19, neighborhood
shopping goods.• Unit 20, shopping goods.
• N/A • N/A
C-5 Thoroughfare commercial district
• Unit 17, eating places.• Unit 19, neighborhood
shopping goods.• Unit 20, shopping goods.
• Unit 44, mobile vending site
• N/A
C-6, Large product retail sales district
• N/A • Unit 44, mobile vending site.
• N/A
Industrial • N/A • N/A • N/A
PUD (Planned unit development district)
• Unit 17, eating places.• Unit 19, neighborhood
shopping goods.• Unit 20, shopping goods.
• Unit 6, agriculture.• Unit 7, animal
husbandry.• Unit 15, manufactured
home park.• Unit 20, shopping goods.• Unit 28, home
occupation.
• Private greenhouses and horticultural collections.
• Flower and vegetable gardens.
*with exceptions
Institutional district (P-1) • N/A • N/A • N/A
Permited uses Conditional uses Accessory uses District
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(keeping of horses in residential areas for the recreational use of the owner/occupant of the residence subject to Article 6, Section 2.13); 3) Unit 50, agricultural occupations (among other uses on conditional basis can be allowed food processing and catering, personal or home care products marketing and other).Agricultural occupation uses is intended to be clean, quiet, non-obtrusive activities operated on a limited bases and would be incidental to the agricultural character of those areas and the residential character of the structures (Subsection 1.2 Article 6 Chapter 130).
License. All agricultural occupations are required to obtain an agricultural occupation license in accordance with the licensing requirements of the city (Section 1.2(C) Article 6 Chapter 130).
Accessory uses: Private greenhouses. Greenhouse means a building or structure, temporary or permanent, that provides a controlled environment for the placement of plants for sale, the planning and raising of plants or the display of plants for education, entertainment or artistic endeavor (Article 11 Chapter 130).
Article 5 in Chapter 130 clarifies the scope of use units:Section 9. Unit 6: Agriculture.
Establishments (farms, orchards, greenhouses, nurseries, etc.) primarily engaged in the production of crops, plants, vines and trees. Also included are crop preparation services which are primarily engaged in performing a variety of operations on crops subsequent to their harvest, with the intent of preparing them for market or further manufacture. The open nature of these areas is also appropriate for cemeteries and related support facilities. Not included are types of animal husbandry as detailed in Unit 7.Specific uses:
• Cemetery, mausoleum• Crematorium• Farm, crop, egg and truck• Landscape, horticulture and plant nursery• Sorting and packing of fruit and vegetables
Section 10. Unit 7: Animal husbandry. Establishments (farms, ranches, dairies, feedlots, egg production facilities, broiler facilities, poultry hatcheries) primarily engaged in the keeping, grazing or feeding of livestock for the sale of livestock or livestock products. Also included are veterinary and other animal services. Recreational uses include riding stables and rodeo grounds. These uses are ordinarily objectionable to other uses and require, therefore, a buffer strip when abutting any commercial or residential district.Specific uses:
• Animal and poultry raising• Animal hospital• Farm: show, breeding, raising and training of animals• Riding stables• Rodeo ground• Veterinarians' treatment area
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Section 1 Article 6 Chapter 130 defines supplementary agriculture district regulations:
1.1. The following uses, where permitted, shall have no building closer than fifty (50) feet to the common boundary with an agricultural or residential district or to a dwelling on the same premises: (1) Breeding, raising, or boarding of household pets or similar small animals for commercial purposes; (2) Kennel.
The following uses, where permitted, shall have no building closer than one hundred (100) feet to the boundary of an agricultural or residential district or no closer than fifty (50) feet to a dwelling on the same premises, and no materials or supplies associated with the following uses shall be stored or kept within fifty (50) feet of the property line of any residential district: 1) Animal hospital serving livestock and similar animals; 2) Boarding or training of horses; 3) Dairy farm; 4) Poultry farm; 5) Farm for raising cattle, goats, horses, sheep, hogs, rabbits or poultry; 6) Egg farm.
Residential Districts Subsection 2.1 Article 4 Chapter 130 The residential districts are designated to promote and protect the health, safety, convenience, order, property and other aspects of the general welfare.
R-E, SF-1, SF-2, SF-3 districts. The following agricultural and related uses are allowed:Conditional uses: Unit 36, horses kept in residential areas; Unit 28, home occupations (for instance, catering — but no food preparation on the premises).Accessory uses: Private greenhouses and horticultural collections; Flower and vegetable gardens.
MF-2, MF-3, MF-4, MF-12, MF-16, MF-24 districts.Conditional uses: Unit 28, home occupations (catering — but no food preparation on the premises).Accessory uses: Private greenhouses and horticultural collections; Flower and vegetable gardens.
SF-4 districtNo agricultural or related uses are allowed except conditional use: Unit 28, home occupations (catering — but no food preparation on the premises).
MHP district Conditional uses: Unit 28, home occupations (catering — but no food preparation on the premises). Accessory uses: only if fit requirements of Article 6 Subsection 2.7 Chapter 130.
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Commercial Districts Section 3 Article 4 Chapter 130The commercial districts are designed to promote and protect the health, safety, convenience, order, prosperity and other aspects of the general welfare. The following agricultural or related uses are allowed:
O-1 Neighborhood office districtAccessory uses: Private greenhouses and horticultural collections; Flower and vegetable gardens.
C-1 Neighborhood commercial districtPermitted uses: Unit 17, eating places; Unit 19, neighborhood shopping goods. Conditional uses: Unit 28, home occupation; Unit 44, mobile vending site (the use of any premises by a motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand or other device designed to be portable and not permanently attached to the ground which is used to sell goods, wares, merchandise or food (Section 47 Article 5 Chapter 130))
C-2 General commercial districtPermitted uses: Unit 17, eating places; Unit 19, neighborhood shopping goods; Unit 20, shopping goods (includes grocery stores and supermarkets).Conditional uses: Unit 44, mobile vending site
C-3 Downtown district.Permitted uses: Unit 17, eating places; Unit 19, neighborhood shopping goods; Unit 20, shopping goods; Unit 28, home occupation.
C-4 Planned commercial district.Permitted uses: Unit 17, eating places; Unit 19, neighborhood shopping goods; Unit 20, shopping goods.
C-5 Thoroughfare commercial district.Permitted uses: Unit 17, eating places; Unit 19, neighborhood shopping goods; Unit 20, shopping goods.Conditional uses: Unit 44, mobile vending site.
C-6, Large product retail sales district.Conditional uses: Unit 44, mobile vending site.Additional requirements are set for creation of green-spaces in commercial districts (landscaped buffers and etc.). Landscaping, including grass, shrubs and trees, and without structure or pavement, of a minimum of ten (10) percent of the total surface area of the lot or development.
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Open-air sales of food in Commercial Districts Subsection 3.5. Article 6 Chapter 130 sets supplementary district regulations for open-air sales in commercial districts.
Definitions: a. Goods, wares, or merchandise sold by open-air enterprises shall include but
not be limited to fruits, vegetables, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers food of any kind, whether or not for immediate consumption, confections or drinks. The selling of animals is subject to the restrictions of subsection 14-5(9) which was mentioned before.
b. Public way means all areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings.
c. Special event means any occasion including but not limited to Rodeo of the Ozarks, City approved events at Shiloh Square, or city wide celebrations, and festivals taking place within a specifically defined area of the city for a period of time not to exceed five (5) days.
d. Temporary open-air enterprise means any person, firm or corporation offering and exposing goods, wares, or merchandise for sale at a non-permanent location by exhibiting, displaying, selling, or offering for sale such products. This definition does not include those persons vending from a motor vehicle who visit multiple private property sites on a daily basis for no more than one (1) hour per site and who have obtained a business license from the city. The term "temporary open-air enterprise" is also used in this chapter interchangeably with the word "vendor" or "vending."
e. Non-permanent location means any location that has no utilities hooked up to a structure and that has no permanent building foundation.
The zoning ordinance allows open-air sales only in C-1, C-2, or C-5 districts, OR if they are operated on spots property designated for a special event, and are located more 100 feet of any property that is zoned residential. The property on which the temporary open-air enterprise is to be located shall be in compliance with the dust-proofing and paving requirements for parking set in Section 8 Article 7, Chapter 130 and the person needs to have a license from the city. The license is valid 7 days and costs $50, the license for special events is $10 per day. No vendor shall operate at the same location in excess of fourteen (14) days within a one-year period.
Exemptions from licensing provisions are the following: Subsection 3.5(9) Article 6 Chapter 130
The distribution of free samples of goods, wares and merchandise by any individual from his person;Farmers and growers selling fruits and vegetables which they have grown, provided these products are sold on parking lots where the owner has granted permission;Persons operating temporary open-air enterprises at special events, so long as the temporary open-air enterprise is located totally within property owned, occupied, or leased by the operators of the special event.
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Persons operating a temporary open-air enterprise at the Springdale Farmers' Market, so long as the temporary open-air enterprise is located totally within a geographical area at the Jones Center for Families and designated by the Jones Center for Families as the Springdale Farmers' Market. The market place shall open no earlier than 6:00 a.m. and shall close no later than 2:00 p.m. on Tuesdays Thursdays, and Saturdays.Persons operating a temporary open-air enterprise at the Springdale Farmers' Market, so long as the temporary open-air enterprise is located totally within a geographical area at the Shiloh Square and designated by the City of Springdale as the Springdale Farmers' Market. The market place shall open no earlier than 6:00 a.m. and shall close no later than 2:00 p.m. daily.The only articles that may be sold at the Springdale Farmers' Market are as follows: vegetables, honey, nuts, raw juices, molasses, fruit, and other produce and plants grown or produced by the vendor thereof; art work, craft work, and processed farm products produced by the vendor thereof. All products sold at the marketplace must be produced in compliance with all applicable regulations of the State Department of Health.
Industrial districts Section 4 Article 4 Chapter 130The industrial zoning districts are intended to provide for the development of light to heavy industrial uses and their related facilities. Appropriate standards for the various districts are designed to assure compatibility with other similar uses. In the city, such factors as location, availability of transportation, utilities and other factors have combined to create a well-established industrial base.
Industrial districts do not have uses related to agriculture. But additional requirements are set for creation of greenspaces (landscaped buffers and etc.). Landscaping, including grass, shrubs and trees, and without structure or pavement, should be a minimum of ten (10) percent of the total surface area of the lot or development.
PUD, Planned Unit Development District Subsection 5.1 Article 4 Chapter 130The planned unit development district is established to permit the subdivision of land and zoning review into one process. The combination review permits a development proposal to be acted upon simultaneously by the developer and the city. This system is advantageous when the developer that plans the land and provides access and utilities also provides the amenities that make the overall project marketable. An additional advantage is that the approved PUD plan remains intact even if transfer in ownership occurs.
The PUD process permits more flexibility in the choice of building types, the arrangement of varied land uses, and the use of generalized rather than specific
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development regulation. By permitting and encouraging the use of such procedures the planning commission and the city council will be able to make more informed land use decisions and thereby guide development more effectively in the best interest of the city.
Permitted uses: Unit 17, eating places; Unit 19, neighborhood shopping goods; Unit 20, shopping goods.Conditional uses: Unit 6, agriculture; Unit 7, animal husbandry; Unit 15, manufactured home park; Unit 20, shopping goods; Unit 28, home occupation.Accessory uses should be in accordance with article 6, subsection 2.7 of Chapter 130 for residential uses and article 6, subsection 3.1 for Commercial uses. Thus gardens and greenhouses are allowed.
P-1, Institutional district Subsection 5.2 Article 4 Chapter 130The P-1 institutional district is designed to protect and facilitate use of property owned by larger public institutions and church related organizations. Zoning ordinance does not contain provisions on agricultural uses in the institutional district. Additional requirements are set for creation of greenspaces (landscaped buffers and etc.). Landscaping, including grass, shrubs and trees, and without structure or pavement, should be a minimum of ten (10) percent of the total surface area of the lot or development.
FP, Floodplain overlay district The floodplain district is designed to provide regulations in undeveloped areas on properties situated within the floodplain of rivers, creeks, streams and watercourses. The FP floodplain district will be used as an overlay zone and this zoning classification is superimposed on any existing zoning classification.
2.3.3. Gardening and Greenhouses in SpringdalePrivate greenhouses, horticultural collections, flower and vegetable gardens are defined as accessory uses, which can be conducted in almost all residential districts, O-1 commercial district and in PUD district.
These accessory uses and structures are subjects to the conditions defined in Subsection 2.7 Article 6 Chapter 130. A. General conditions
1. Permanent structuresa. located on the rear two-thirds (2/3) of the lotb. are located in accordance with fire codes from any dwelling and all
setback requirements;c. do not exceed 16 feet height
2. Portable structures
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a. do not exceed 120 square feet or they shall meet the requirements for the location of permanent structure
b. are not allowed in the front yard or side yards (on a corner lot, they can be located in one side yard
c. can be placed within setback and/or utility easement, if it is on skids and moveable
d. are not connected to any utilitiese. do not exceed 10 feet in heightf. do not located within 10 feet of any other portable structure or
permanent building on the same lot
Gardens, horticultural collections and greenhouses cannot be established in front yard and side yards (except portable structures in the side yard for corner lots). Additionally, because the front yard garden and other accessory uses are not allowed in front yards, they can be considered as unsightly condition on private property. Sections 42-76 of Article 4, Chapter 54 (Health and Sanitation) of Springdale Code of Ordinances defines “unsightly” as a place, condition or thing is unsightly when it is in public view and offends the then-prevailing standard of the community as a whole, and not limited to a specific area, as to aesthetics or order. Unsightly condition can be created by weed (any vegetation) regardless of its beauty or utility and regardless of the fact that it might serve as a sanctuary for animals beneficial to man, which, because of its natural condition or lack of maintenance by the owner or occupant of the property, threatens the health or safety of the community or creates an unsightly condition thereon.
2.3.4. Animal Waste Products as Fertilizers In Chapter 54 (Health and Sanitation) is covered the issue of animal waste products use as fertilizers. Sec. 54-1. Use of animal waste products as fertilizer.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
• Animal includes but is not limited to mammals, fish and poultry.• Waste products includes, but is not limited to, excreta, animal body tissue,
bones and/or feathers, in any form whatsoever.• Untreated animal waste products means any animal waste products that have
not been commercially prepared, by a person qualified to do so, for the purpose for which such products are being used.
(b) Use restricted. It shall be unlawful for any person to use untreated animal waste products as fertilizer, or for any other purpose, on land located within the corporate limits of the city or any platted subdivision; provided, untreated animal waste products may be applied as fertilizer to land located within an area designated as an A-1 agricultural district.
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2.3.5. Keeping Animals in SpringdaleChapter 14 of Springdale Code of Ordinances defines animal rules within the city of Springdale which can apply to urban agriculture.
Sec. 14-5. Control, protection of animals establish the following:It shall be unlawful for any person to:(1) Permit or allow any animal or fowl to run at large within the corporate
limits of the city, except on property of the owner of the animal located in an agricultural (A-1) zone. However, this exception does not apply if the owner's property is in a platted subdivision, even if it is an A-1 zone.
(2) Permit or allow any fowl within the corporate limits of the city, except on property of the owner of the fowl located in an agricultural (A-1) zone. However, no fowl shall be permitted in a platted subdivision, even if the platted subdivision is zoned A-1.Exception: This provision is not intended to apply to the ducks in Murphy Park, nor to indoor birds kept as pets, such as parakeets, nor to the lawful transportation of fowl through the corporate limits of the city.
(4) Keep or harbor any animal which by loud, frequent or habitual barking, howling, yelping or other noise disturbs any person or neighborhood within the corporate limits of the city.
(8) Permit unsanitary conditions to exist on the premises where any animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health and safety, or would obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood, city, or other persons.
Exception: established animal business enterprises with permanent structures and the Springdale Animal Shelter.
(9) Sell, distribute or give away animals from public property and from commercially and industrially zoned lands.
Exception: established animal business enterprises with permanent structures and the Springdale Animal Shelter.
Sec. 14-8. Swine prohibitedIt shall be unlawful to keep or maintain any swine within the corporate limits of
the city, except:(1) When such swine are being raised in a lawful agricultural operation located in
an A-1 zone, except that swine are prohibited in all platted subdivisions, even if the platted subdivision is zoned A-1.
(2) Bona fide circuses, fairs, research or educational institutions, or veterinarian clinics complying with applicable laws and regulations.
Sec. 14-12. Keeping of livestockIt shall be unlawful to keep cows, goats, horses, sheep or other hoofed animals
in any area except on property zoned A-1, or as authorized by the zoning ordinance,
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except that no such livestock shall be allowed in any platted subdivision within the city, even if the subdivision is zoned A-1, except as authorized by the zoning ordinance.
Sec. 14-13. Nonconforming keeping of livestockThe lawful use of a building or a lot for keeping livestock and which was existing
at the time of the annexation of the building or lot to the city may be continued although such use does not conform with the provisions in this article. If a nonconforming use of any building or lot for keeping livestock is discontinued for a period of six months, the use of such building or lot shall thereafter conform to the provisions of this article.
Sec. 14-14. Condition of pen and premises generallyIt shall be unlawful for any person keeping or harboring any animal to fail to keep
the premises where such animal is kept free from offensive odors to the extent that such odors are disturbing to any person residing in the area.
Sec. 14-15. Kennels(a) In this section "kennel" means an establishment wherein any person engages
in the business of boarding, breeding, buying, grooming, letting for hire, training for a fee, or selling dogs or other animals. Kennels are only allowed in a zone authorized by the zoning ordinance of the City of Springdale.
(b) All kennels shall, in addition to the other requirements of this chapter and the zoning ordinance, comply with the following minimum standards of this section. Failure to meet these standards shall be grounds for denial of a business license or revocation of a business license.
(1) Enclosures must be provided which shall allow adequate protection against weather extremes. Runs and/or cages with adequate drainage into a closed sewer system must be provided. Floors of building, runs and walls shall be made of impervious material to permit proper cleaning and disinfecting.
(2) Building temperatures shall be maintained at a comfortable level. Adequate ventilation shall be maintained.
(3) Each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages.
(4) Cages are to be of material and construction that permit cleaning and sanitizing.
(5) Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding.
(6) Runs shall provide protection from the weather. Runs shall have an impervious surface.
(7) All animal quarters and runs are to be kept clean, dry and in a sanitary condition.
(8) The food shall be free from contamination, wholesome, palatable, and of a sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.
(9) All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and be of the removable type.
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(10) Kennels and boarding facilities, except licensed veterinarian facilities not engaged in boarding, shall provide an adequate exercise area of a minimum of 25 feet by 25 feet.
Sec. 14-18. Cutting and skinning of animals, game or fowlIt shall be unlawful in public view to cut-up, skin or dress out animals, game, or
fowl, and it shall further be unlawful to place on public view the carcass of any animal, game or fowl.
Exception: This section shall not apply to commercial businesses engaged in taxidermy, meat cutting or meat processing, or related businesses, provided the work on the animals, game or fowl is conducted inside such business, and such business is operating lawfully in the correct zone with a valid business license from the City of Springdale.Conclusion: it is unlawful to keep chickens, goats, cows, swines or other agricultural animals within the city limits, except uses allowed in agricultural district. Also it is prohibited to keep wild animals.
Zoning District Map of Springdale 87
Zoning District Map, City of Springdale, http://gis.springdalear.gov/flexviewers/zoningmap/index.html87
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2.4. Right to Farm in ArkansasAgricultural operations in Arkansas are protected against nuisance lawsuits under Arkansas’ right-to-farm law adopted in 1981 by state legislators. Under the law the 88
declared state policy is “to protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products”. The main purpose of Arkansas’ right-89
to-farm law is “to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance”.90
The definition of “nuisance” is not provided in Arkansas’ right-to-farm law. Various legal dictionaries define “nuisance” as “anything that unlawfully worketh hurt, inconvenience, or damage”, or “unreasonable, unwarranted and/or unlawful use of 91
property, which causes inconvenience or damage to others, either to individuals and/or to the general public”. 92
2.4.1. The Scope of Agricultural Operations Agricultural operations or farming operations protected by Arkansas’ right-to-farm law are an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including:
The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses;The planting, cultivating, harvesting, and processing of crops and timber; andThe production of any plants or animal species in a controlled freshwater or saltwater environment.
Thus it includes agriculture, silviculture, and aquaculture. This definition is 93
open. It means different activities may qualify for agricultural operations. For instance traditional agricultural operations, such as livestock and row crop operations, definitely fall under the protections of the right-to-farm law. However, it is unclear whether nontraditional agricultural operations (including urban agriculture) are covered by Arkansas’ right-to-farm law. The answer is unclear because the issue if “urban
A.C.A § 2-4 (Chapter 4 “Agricultural Operations as a Nuisance”, Subtitle 2 “General Provisions”, Title 2 88
“Agriculture” of Arkansas Statutes & Court Rules)
A.C.A. § 2-4-101 89
Id.90
Black’s Law Dictionary. Retrieved at http://thelawdictionary.org/91
Law.com Legal Dictionary. Retrieved at http://dictionary.law.com/92
A.C.A. § 2-4-10293
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agriculture” is an “agricultural operation” within the scope of right-to-farm law has never been explored by an Arkansas court. 94
2.4.2. Statutory Protection of Agricultural OperationsAny local ordinance adopted by a local government which contradicts Arkansas’ right-to-farm law and provides an abatement of the agricultural operation as a nuisance is void. Additionally Arkansas’ Attorney General expressed in his opinions that “any 95
[local] ordinance running afoul of this particular statute would be considered void”. But 96
this right-to-farm law does not invalidate any contract (which may set limitations) made subsequent to March 3, 1981.97
Statutory protection is granted to agricultural operations alleged to be a nuisance which qualify one of the following three conditions:
1. Agriculture operation shall not be or become a nuisance as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the agricultural operation were not a nuisance at the time the agricultural operation began.
2. Agricultural operation which employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions: (A) Change in ownership or size; (B) Nonpermanent cessation or interruption of farming; (C) Participation in any government-sponsored agricultural program; (D) Employment of new technology; or (E) Change in the type of agricultural product produced.98
3. Agricultural operation shall not be found to be a nuisance if the agricultural operation: A) Was established prior to the [change] of the use of the area surrounding the agricultural operation for nonagricultural activities; and(B) Employs methods or practices that are commonly or reasonably associated with agricultural production.
“Arkansas’ Right-to-Farm Law: An Overview” The University of Arkansas Division of Agriculture’s Public 94
Policy Center (2013), https://www.uaex.edu/publications/pdf/FSPPC118.pdf
A.C.A. § 2-4-105 95
Ark. Op. Atty. Gen. No. 87-297 (Ark.A.G.), 1988 WL 27936296
A.C.A. § 2-4-10397
Since 2005 the chapter is also applicable to an agricultural facility which materially changes its 98
character of operation or materially increases the size of its physical plant. A.C.A. § 2-4-104 had limitations, but it was repealed from the Chapter by Acts of 2005, Act 2257, § 3, eff. Aug. 12, 2005
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The general rule is that employment of methods or practices that are commonly or reasonably associated with agricultural production or are in compliance with any state or federally issued permit shall create a rebuttable presumption that an agricultural operation is not a nuisance. 99
This statutory protection does not affect rights of any person to recover damages for any injuries or damages caused to them by pollution (condition of the waters of any stream or on account of any overflow) from agricultural operations . Thus the “right-100 -to-farm” law does not serve as a defense for violating federal or state laws (for example, Clean Water Act). Although these exclusions have not been tested in an Arkansas court, as a general rule, agricultural operations should always obey other laws and be considerate of their neighbors. In case of a law suit against an agricultural 101
operation as a nuisance, the court may award expert fees, reasonable court costs, and reasonable attorney's fees to the prevailing party.102
2.4.3. Applicability to Urban Agriculture Arkansas’ right-to-farm law has the liberal construction to effectuate its purposes. It 103
protects and encourage development not only of agricultural and forest lands, but other facilities for food production. Theoretically right-to-farm protection may cover food production not only in agricultural lands. Additionally, the definition of agricultural operations is very broad. Nevertheless the present language may limit its applicability to urban agriculture. There are three main concerns:
1. The necessity to protect agricultural operations is explained by extension of nonagricultural land uses into agricultural areas, when agricultural operations may become a subject of nuisance suits and are forced to cease operations. 104
Thus this provision may be interpreted as the state was intended to protect agricultural operations in agricultural areas from possible nuisance lawsuits due to the extension of nonagricultural land uses. It was not intended to protect newly established urban agriculture in different land zones with pre-existing different uses within the city limits.
2. Arkansas’ right-to-farm law does not provide directly any language related to urban agriculture. For instance, the methods or practices that are commonly or
A.C.A. § 2-4-10799
A.C.A. § 2-4-106100
“Arkansas’ Right-to-Farm Law: An Overview” The University of Arkansas Division of Agriculture’s 101
Public Policy Center (2013), Retrieved at: https://www.uaex.edu/publications/pdf/FSPPC118.pdf
A.C.A. § 2-4-107102
A.C.A. § 2-4-108 103
A.C.A. § 2-4-101104
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reasonably associated with agricultural production which are applicable for traditional agriculture are not applicable to urban agriculture. It is not clear, what are methods or practices that are commonly or reasonably associated with urban agricultural production.
3. If urban agriculture may be protected under the right-to-farm law, it may create limits for local authorities to regulate urban agriculture (for instance to regulate this operations in manner most appropriate for the city). These local ordinances can be challenged as void and as have no force or effect.
Arkansas’ court cases where urban farmers tried to use the right-to-farm protection were not found. The Arkansas’ court position could help to clarify the applicability of right-105
to-farm law to urban agriculture. If it is applicable, the scope of methods or practices that are commonly or reasonably associated with urban agricultural production needs to be defined. It can be a task for Arkansas Department of Agriculture (if local authorities will not have such authority, as may be defined by court). But this scenario has small chances to be possible.
Finally, the existing Arkansas’ right-to-farm law does not prohibit local authorities (municipalities and counties) to set own rules towards newly established urban agriculture. Additionally, current local ordinances provide protection for pre-existed agricultural operations, even if the city expands own borders and changes land zone usage in the location of agricultural operations. This protection has exceptions, but is consisted with right-to-farm law.106
West Law Next database did not found relevant cases as for 27 October 2015105
For example, under Article 8, Chapter 130 of Springdale Code of Ordinances, these agricultural 106
operations or facilities may become a nonconforming use in a new land zone within city limits, which can be utilized in the same fashion as prior the adoption of new regulations. To these operations and facilities may be applied the following limitations:- expansion allowed only on case by case basis analyzed by planning commission (no more than 30% of
existed use and no detrimental to surrounding properties);- change of use only by permit of planning commission (only if the change of use is equal or more
appropriate for the district);- if nonconforming use has been discontinued or abandoned for a period of 6 months, such use shall not
be reestablished (subsequent use shall comply with zoning district regulations);
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2.5. Policy RecommendationsDespite the limited regulation of urban agriculture in Springdale Code of Ordinances this city have a robust local food movement. The city has a network of local food activists and organizations which cooperate with local farmers, urban agriculturalists and promote locally grown food. They established new Mill Street Farmers Market, initiated NWA Regional Food Assessment, cooperate with local emergency food providers — food pantries and community meals organizations, help schools with school gardens and support food insecure population including national minorities (Hispanic and Pacific Islanders). Some of the initiatives were unsuccessful, others introduced positive changes and promoted further development of urban agriculture.
The recommendations below are maid after informal food system assessment, legal rules analysis and conversations with some local food activists and organizations. The realization of these recommendations can be a small but important step in development of urban agriculture in Springdale. Also some general policy recommendations were provided during the analysis of the Comprehensive Land Use Plan of City of Springdale (p. 2.2 of this document).
2.5.1. Attempt to Introduce Fowl to SpringdaleIn 2014 local food activists petitioned the City Council with a proposal to change the Springdale Code of Ordinances and to allow to grow egg-lying hens on backyards in residential districts and in schools for educational purposes. To keep a fowl within city 107
limits is allowed in other cities in NWA. Bentonville has an ordinance allowing "hobby chickens,” Rogers allows chickens with a paid permit, and Fayetteville’s “Urban Agriculture Ordinance” also allows this activity in residential districts. 108
Nevertheless the proposal was refused by the City Council. The reasons for refusal were diverse and not so clear. At the beginning of 2014 during the advocacy campaign for urban chickens in Springdale the City Mayor Doug Sprouse in interview voiced concerns of “biosecurity” for big poultry producers located in the city (Tyson and George’s) . One of the local food activists received response from Tyson that urban 109
chickens are “a matter between the city and its residents, so [Tyson] don't have a position”. Some public health officials are concerned that backyard chickens could 110
elevate avian flu risks. If workers of poultry companies could have back-yard 111
chickens, it may increase a probability of disease spreading to poultry producers’ facilities. On the other had there are solid evidence that indicate the “reduced likelihood
http://www.nwahomepage.com/news/fox-24/chicken-controversy-sparks-food-security-discussion 107
https://articles.extension.org/pages/70001/developing-regulations-for-keeping-urban-chickens108
http://www.nwahomepage.com/news/fox-24/chicken-controversy-sparks-food-security-discussion 109
http://chickendale.blogspot.com/2014_02_01_archive.html 110
http://www.worldwatch.org/node/5900111
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that backyard flocks are a risk to transmit disease to commercial poultry operations”. 112
Also it is common for fowl to carry Salmonella. While it usually doesn't make the birds sick, Salmonella can cause serious illness when it is passed to people. Humans can become infected with the pathogen after eating foods that come in direct or indirect contact with animal feces. Back-yard chickens can increase risk of humans’ infection with this pathogen. But this risk can be easily mitigated by simple hygiene rules. Generally, experts agree that the risk of diseases being passed from birds to humans is less than the risk of infection from other pets.113
Other concerns are noise, odor and other nuisance which can be caused by birds. Roosters definitely can make loud noises, but hens are not such a risk. For instance, the noises from a squawking hen at a distance of two feet are around 63 dBA. By comparison, dogs are considered a noise disturbance when barking exceeds 100 dBA. Keeping areas where chickens live and roam clean and disposing their waste 114
will minimize any odors from a backyard poultry flock. All these concerns did not 115
stope other cities introduce fowl to urban agriculture.
Some food activists told that one reason why fowl is banned in Springdale may be a current city policy to improve conditions of certain poor districts. There is a risk that if low-income citizens are allowed to keep a limited number of backyard birds, then they will decide to have more. There are also concerns about the ability and willingness of citizens to take proper care of birds. Also Tyson and George’s are large investors in the city. There are concerns how can it affect the image of the “poultry capital of the world” with Tyson’s headquarter — largest poultry producer, if citizens will be allowed backyard hens. Does it mean that they do not trust the quality of factory produced eggs?116
Springdale still have the same City Mayor and almost the same members of the City Council. Thus in near future there is a low probability that fowl will be allowed in other districts than agricultural in Springdale.
2.5.2. Increasing Access to Fresh Vegetables and Fruits in SpringdaleAs was mentioned before the availability of fresh healthy and affordable food in Springdale is important for food security. Currently there is the increased demand for locally grown food. Fruits and vegetables are produced in low quantities on limited land in Northwest Arkansas (only 1% of total sales are fruits and vegetables). Currently in
http://articles.extension.org/pages/70001/developing-regulations-for-keeping-urban-chickens112
http://www.cdc.gov/features/salmonellapoultry/113
http://articles.extension.org/pages/70001/developing-regulations-for-keeping-urban-chickens114
https://articles.extension.org/pages/70001/developing-regulations-for-keeping-urban-chickens115
This information was provided by the urban farmer who sells agricultural products at Springdale 116
Farmer’s Market
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Springdale there is one small farmers' market in downtown. It does not cover needs of all citizens and it does not solve a problem of food deserts. Thus the alternative source of food in food deserts are back-yard gardens. They allow citizens to grow fresh and healthy food. Currently back-yard gardening and greenhouses are allowed in all residential districts except SF4 — Medium density single family affordable housing residential district.
I propose to introduce the following amendments to the Springdale Code of Ordinances:A. To allow back-yard gardens and greenhouses in all residential districts;B. To allow back-yard gardens and greenhouses in all commercial districts;C. To allow permanent cottage food sales from the site (directly from the house, where
the back-yard garden is located) as an accessory use for residential districts (no permits, no licenses);
D. To allow cottage food sales from the front yard stands limited amount of days during the years on the similar conditions as existing garage sales (no permit required);
Gardens and Greenhouses for All Residential DistrictsThe Code of Ordinances in Chapter 130 does not include back-yard gardens and greenhouses in the list of accessory uses allowed in SF4 — Medium density single family affordable housing residential zone. I propose to include it, and create equal opportunities for back-yard gardening for all citizens in Springdale.
Thus, my proposal is to complement the p.2.11, Sec.2, Article 4 of Chapter 130 - Zoning Ordinance with the following language, which is similar to other residential zones:
“ACCESSORY USES:The following accessory structures and land uses shall be permitted only where
clearly incidental to the permitted primary use, except as otherwise permitted herein: a. Accessory buildings, including private garages, storage facilities and
children’s playhouses as set for in article 6, subsection 2.7 of this chapterb. Private greenhouses and horticultural collectionsc. Flower and vegetable gardensd.Swimming pools, tennis courts and similar recreation facilities”
This inclusion allows people who live in this district to grow own food — fruits and vegetables — in their backyards or in greenhouses. Such food will diversify their dietary choices and also can be preserved (canned) as food for future seasons.
Gardens and Greenhouses for Commercial DistrictsThe Code of Ordinances in Chapter 130 allows gardens and greenhouses only for O-1 Neighborhood office district. In my opinion limitation of such accessory use exclude many businesses in commercial districts from opportunity to use more effectively
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available land plots, or even rooftops. Even more, local food businesses will be able to use own grown food — fruits and vegetables — to cook meals, or this food can be given to emergency food providers as donations to improve a food security or as a part of social enterpreunership.
Thus, the accessory uses for 1) Private greenhouses and horticultural collections and 2) Flower and vegetable gardens shall be allowed in the following commercial districts:• C-1 Neighborhood commercial district• C-2 General commercial district• C-3 Downtown• C-4 Planned commercial district• C-5 Thoroughfare commercial district• C-6, Large product retail sales district
These accessory uses can be included in relevant provisions of accessory uses allowed in each of the above mentioned districts.
Cottage Food Sales from the Site in Residential DistrictsIn February 2011 the State of Arkansas adopted so called “Cottage Food” Act which modified § 20-57-201 of Arkansas Code Annotated and allowed sales of homemade products. Before this act homemade products such as bread and jam were not allowed to be sold legally in Arkansas, unless they were prepared in licensed kitchens inspected by the Arkansas Department of Health. This act was lobbied by farmers’ markets that wanted to give small farmers the opportunity to sell homemade goods without having to invest in commercial kitchens.
The “Cottage Food” Act defines a "Cottage food production operation" as food items produced in a person's home that are non-potentially hazardous foods such as bakery products, candy, fruit butter, jams, and jellies. Whole, uncut fresh fruits and vegetables may be offered for sale without a permit or inspection from the ADH. Also maple syrup, sorghum, or honey that is produced by maple syrup, or sorghum producer, or beekeeper may be sold. Because a honey is included in cottage food, in future this fact may be used by food activists to introduce beehives in cities as a part of urban agriculture.
Cottage food items can only be sold directly from the manufacturer to the consumer either from the site where the food is made, a farmer’s market, a county fair, or special event. Internet sales of Cottage Food is not allowed. The food vendor should verify that the sale of Cottage food is not in violation of local ordinances by contacting the local city and county offices. It is not allowed to sale food items that must be kept 117
refrigerated or hot to be remain safe, as a Cottage Food Item. Cottage Food should be labeled in accordance with this Act. Additionally “Cottage Food” Act sets requirements
Cottage Food Guide, Arkansas Department of Health, May 2012117
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for products, which can be sold only if were prepared and packaged in an ADH permitted and inspected Retail Food Establishment or Food Processing Plant.
Because this Act allowed sales of fresh fruits with vegetables and food prepared at average kitchens, it was actively used by urban agriculturalists to sell home made jams and jellies, bread and back-yard grown vegetables, fruits at farmers markets or at special events.
Fayetteville additionally changed local ordinances and included cottage food supportive language to encourage urban agriculturalist to grow, produce and sell even more cottage food. This experience can be applied in Springdale. It can increase back-yard 118
gardening in Springdale, because people will be able not only to grow food for themselves, but to sell it directly to consumers from own houses and increase own income. Also, these new urban farmers can sell their food at farmers markets. Moreover, it will create additional healthy food sources in food desert districts.
The food vendor should verify that the sale of Cottage food is not in violation of local ordinances. Springdale Zoning ordinance does not directly include cottage food sales 119
in the list of allowed uses in residential districts and do not allow food sales from the site where cottage food was made. In Fayetteville this use is included in “Home Occupation” uses.
Because in Springdale home occupation is a conditional use (requires the license from the city), I propose to include the sales of homemade cottage food from the site as the accessory use in all residential districts, which do not require a license. This accessory use can be added to the list of accessory uses for every residential district in relevant provisions of Springdale Code of Ordinances. The provision may have the following language: “Sales of home produced agriculture products that may be home grown or home made on this property under Arkansas “Cottage Food” Act and local ordinances”.
This provision allows citizens of Springdale to sell home made bread, jellies, jams and home grown vegetables directly from their homes. This changes will rise awareness of local citizens about cottage food, will promote back-yard gardening, homemade local food. Also neighborhoods with cottage food sales spots will have additional sources of food and cottage food sellers will have additional income. This helps to solve the problem of food deserts in low-income areas.
Urban Agriculture in Fayetteville, http://www.fayetteville-ar.gov/DocumentCenter/View/5216118
Cottage Food Guide, Arkansas Department of Health, May 2012119
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Cottage Food Sales at the Agricultural & Produce Yard SalesIn Fayetteville local ordinances allow garage and/or agricultural & produce sales in any zoning district four (4) times per year no more than three (3) consecutive days. No permit or license are required for such sales. In Springdale the Code of Ordinances 120
allows garage sales, yard sales, and rummage sales. Permits for garage sales, yard sales, and rummage sales are valid only for two (2) consecutive days, and shall not be granted for the same location more than two (2) times during any calendar year. The language does not allow food sales.
I propose to supplement Sec. 2.14, Art. 6, Chapter 130 - Zoning Ordinance with language, which allows agricultural & food yard sales and also extent the number of days for such sales. Additionally these agricultural & food yard sales should be exempted from receiving a permit.
“ 2.14 Garage sales, yard sales, and rummage sales. Permits for garage sales, yard sales, and rummage sales shall be valid for not more than three (3) consecutive days and shall not be granted for the same location more than four (4) times during any calendar year at the same location. Any person or organization authorized under this section that conducts a garage sale, yard sale or rummage sale shall obtain a permit before conducting such sale unless the property in which the sale takes place is properly zoned for such purposes and a business license has been obtained as required under this Code. Such sales shall only take place on residential property or by charitable or non-profit organizations on property zoned P-1 or commercial. Application for a permit for a garage sale, yard sale, and rummage sale shall be made to the building inspector, and the building inspector shall issue permits subject to the above conditions after payment of a fee of $10.00.
2.14.1. Garage sales, yard sales, and rummage sales conducted on school property by organizations affiliated with the school are exempt from the permit requirements set out herein.2.14.2. Agricultural & food yard sales are the sales of home produced agriculture products that may be home grown or home made on this property under Arkansas “Cottage Food” Act and local ordinances. Agricultural & Food yard sales are exempt from the permit requirements set out herein. Agricultural & Food yard sales are permitted in any zoning district. Agricultural & Food yard sales shall not locate in one (1) location more than four (4) times per year more than three (3) consecutive days.
This provision will raise awareness about local food producers, who sell cottage food. If the product is good and price is affordable, these sales will help producers to earn additional income, the consumers will diversify own food sources and may become to grow/sell or exchange own food, the districts will have more food sources and more healthy and fresh food.
164.10, Chapter 164: Supplementary Zoning Regulations, Title XV Unified Development Code: http://120
www.fayetteville-ar.gov/DocumentCenter/Home/View/6147
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