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Des Moines planners rewrite agricultural rules to allow urban farms, passive sales and seasonal structures

Des Moines City Planning and Zoning Commission · September 19, 2024
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Summary

The Planning & Zoning Commission forwarded comprehensive amendments to Chapters 134 and 135 that create defined "urban garden" and "urban farm" uses, permit seasonal accessory agricultural structures (including hoop houses with new setbacks and heights) and allow passive on-site sales subject to equipment and setback limits; staff agreed to changes on contact info, weed language and sales days.

The Des Moines Planning and Zoning Commission voted to forward broad revisions to Chapters 134 and 135 of the municipal code that create clearer rules for urban agriculture, seasonal accessory buildings and related design standards.

Jason Maness, the city planner who presented the package, said staff rewrote the agricultural section to fit the existing code structure and to reflect guidance from the city's Adapt DSM resiliency plan and the Iowa State Extension Office. "We basically rewrote the entire agricultural section," Maness told the commission, saying the changes distinguish urban garden and urban farm uses, add aquaculture/hydroponics categories and clarify when uses are permitted by right versus conditional use.

Why it matters: the amendments are intended to reduce barriers for neighborhood-scale food production while adding basic performance standards for structures and sales that can affect adjacent residences. The package moves some design rules from zoning into the design code, creates a data-center use category, removes an old 75-foot liquor separation for restaurants, and expands allowances for daycare and medical-office uses in some districts.

Key decisions and edits: commissioners and members of the public pressed staff on five consistent themes: (1) replacing a required personal phone number on garden signage with a generic contact option, (2) clarifying that seed-saving and prairie plantings are not treated as "weeds" for enforcement, (3) allowing passive, honor-system farm stands provided any powered or electronic equipment is located inside a Chapter 135-compliant structure, (4) expanding urban garden on-site sales to 16 days per calendar year with no more than two consecutive days, and (5) setting a 20-foot front-yard setback in residential (N/NX) districts specifically for hoop houses while retaining 5-foot setbacks for low tunnels and cold frames.

Public reaction: nearly a dozen residents and community organizers spoke in support. Jenny Irwin, a member of the city's Food Security Task Force, thanked staff and urged the contact change and a more nuanced approach to enforcement: "They are long overdue," Irwin said of the updates, adding that inspectors should be able to distinguish seed-saving or prairie plantings from noxious weeds. Ryan Francois, who runs the Woodland Realm urban garden, supported keeping accessory structures permitted in all yards so stand-alone gardens are not blocked by front-yard restrictions.

Operational questions: LSI's Zachary Couture and other operators asked about equipment and conditional-use logistics. Staff said conditional-use urban farms in residentially zoned parcels would normally be approved by the Zoning Board of Adjustment and are not typically subject to annual renewal; conditions can include sunsets but generally the permit continues with the land unless the use changes. The code now distinguishes tractor size by category (garden=subcompact, farm=compact) and staff said numeric limits can be administratively adjusted by up to 50 percent for small-site circumstances.

Enforcement and structure standards: the amendments create a new accessory building typology for seasonal agricultural structures (cold frames, low tunnels, hoop houses) and set performance standards including height limits (12 feet in N/NX residential contexts; 17 feet elsewhere) and setbacks. Maness said the earlier draft's requirement to remove coverings in non-growing seasons was replaced with a "good repair" standard to avoid ambiguous seasonal definitions.

Outcome and next steps: the commission approved a motion forwarding the Chapters 134/135 amendments to the next step with the edits described above; the council will hold the public hearing and make the final decision. Commissioners also continued a separate land-use item (Item 4) to the Oct. 3 meeting at the applicant's request. Staff said they will make the agreed clarifications before the ordinance moves to council.

Context note: these recommendations are advisory; the City Council will hold the formal public hearing and vote on any ordinance changes.