Defacto Land Use

**A*@aol.com**

Diana,

You may also want to look at community gardens as a subsection of  Parks and 
Recreation land uses.  It is under this classification that those gardens 
that the City of New York wants (and those under the aegis of garden land 
trusts) survive.  

It is my guess that instead of opening up a whole bag of worms by 
re-instituting agricultural uses in a city after having abolished them as 
non-conforming old uses, many cities have decided to fit community gardens, 
chickens, ducks, bees, tomatoes and all into the "Parks and Recreation" 
cubbyhole.  Thinking like a city's corporate counsel:

Imagine if you had condemned a farm by eminent domain in order to build 
housing, etc. over 50 years ago by declaring the farm to be a "non-conforming 
use."  The can of worms that would open (as well as complex litigation) if 
urban farming became a "conforming use" after all of those years would be 
staggering.  
Thinking as that attorney, it would be far better to include community 
gardens under "Parks and open green space."  

Run this by someone in your University's law school who is really conversant 
with your city and states land use regulations.  It might be the easier way 
to go.

Best wishes,
Adam Honigman
Volunteer, 
 <A HREF="http://www.clintoncommunitygarden.org/";>Clinton Community Garden</A>

<< Subj:     RE: [cg] Tell me your stories!
 Date:  4/22/03 2:45:33 PM Eastern Daylight Time
 From:  jverin@Pennhort.org (John Verin)
 Sender:    community_garden-admin@mallorn.com
 To:    dikanter@yahoo.com (Diana Kanter), community_garden@mallorn.com

 Give the mayor of Philly a call when your deal goes through. "Development" 
is all that's on his mind.

 Paco Verin
 Citywide Project Coordinator - Philadelphia Green
 The Pennsylvania Horticultural Society
 100 N. 20th St.
 Philadelphia, PA  19103
 215-988-8885
 http://www.pennsylvaniahorticulturalsociety.org 

 -----Original Message-----
 From: Diana Kanter [d*@yahoo.com]
 Sent: Tuesday, April 22, 2003 2:26 PM
 To: community_garden@mallorn.com
 Subject: [cg] Tell me your stories!

 I used this listing service a few months ago to find
 cities with policies for community gardening.  Now I'm
 looking for the history behind the policies.  I need
 your badly!  It will go a long way in getting this
 legislation passed for the City of Milwaukee,
 Wisconsin that will make community gardens a permanent
 permitted use:

 Chp. 295-201. Definitions. 473. RAISING OF CROPS AND
 LIVESTOCK means the growing of crops, including any
 farm, orchard, COMMUNITY GARDEN (ADD) or other
 establishment used for the growing of crops....etc,
 etc. (Minutes from the Zoning Code Task Force)

 My group and I have found several more to add to the
 list.  Here are the cities we have found policies for
 in no particular order:

 Seattle, Washington
 Madison, Wisconsin
 Berkeley, California
 Portland, Oregon
 Minneapolis, Minnesota
 Boston, Massachusetts
 Philadelphia, Pennsylvania
 San Francisco, California
 Spokane, Washington
 Chicago, Illinois
 Austin, Texas
 ...Milwaukee, Wisconsin????

 With your help we can make community gardens in
 Milwaukee a permanent permitted use.  

 Thank your for all the previous help! 

 Thank you in advance for the all help I know I am
 going to receive!

 When we have finished our report, I will be happy to
 share any information we have found and I haven't
 forgotten those have already asked.

 Thank you again, Diana Kanter
 Urban Planning Graduate Student
 University of Wisconsin-Milwaukee
 dikanter@yahoo.com
 (414) 915-5719 >>

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