Cedar Rapids, Iowa, Code, ch. 32, § 32.04.030, paragraph 44 (current through March 24, 2017)
Brief Summary
Allows urban agriculture uses as a primary or accessory use in all zone districts. An annual permit is needed when urban agriculture use is the primary use, or if an accessory use and the land being used is more than a quarter of an acre. Otherwise, no permit is needed. Provides for regulations relating to equipment/machinery, pesticide use, stormwater run off management, and fences. For purposes of this section, "urban agriculture" only refers to growing of plants/produce. But other areas of the code address other types of agricultural and urban agricultural uses.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Food System Category: Grow
State: Iowa
Jurisdiction Type: City
Jurisdiction Name: Cedar Rapids
Does the law refer to priority populations in some way?
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "Promote and protect the health, safety, and welfare of the public " Sec. 32.01.050(A)(1) and sec. 32.04.030 (ii).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. "Reduce the negative environmental effects of development while protecting and enhancing the value of developed properties and the surrounding area" (sec. 32.01.050(A)(18)).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. "Creating an urban environment that is aesthetically pleasing and that promotes economic development through an enhanced quality of life" (sec. 32.01.050(A)(1)).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "The purpose of creating a definition and standards for Urban Agriculture is to allow for agricultural operations to exist within developed portions of the city and to set requirements that ensure compatibility with adjacent land uses. ... The purpose of this Section is to provide requirements and conditions relating to the establishment and operation of urban agricultural operations. Urban agricultural operations in established neighborhoods should be carefully considered and reviewed to ensure compatibility and reduce potential land use conflicts." Sec. 32.04.030, par. 44(a).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Unclear. "Urban Agriculture refers to agricultural activities allowed within an urban setting." Sec. 32.04.030, par. 44(a).
Does the law address implementation in some way?
Yes. Describes the "powers and duties of staff, the Development Services Department staff, the Board of Adjustment, the City Planning Commission, and the City Council in the administration of this Ordinance in relation to reviewing and approving applications." Sec. 32.02.010.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Any person or entity whose actions meet any of the definitions of violations of this Ordinance who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this Ordinance shall, upon conviction, be fined a total of not more than five hundred (500) dollars, or be imprisoned for not more than thirty (30) days." Sec. 32.08.090.
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
Chapter 32-Zoning; Section 32.04--Permitted uses; § 32.04.030-Use Specific Standards, paragraph 44-Urban Agriculture.