Ohio – Toledo Zoning for Urban Ag Composting

In 2018, Toledo, Ohio, updated its municipal planning and zoning code (Subsection 1104.2400) to clarify definitions of agriculture and urban gardens and apply additional land use regulations for agricultural activities, such as composting. Toledo Municipal Ordinance 158-18 establishes minor urban agriculture as a permitted use in all zoning districts, major urban agriculture as a permitted use in commercial, industrial, and special purpose districts, and major urban agriculture as a special use in residential districts. It also allows backyard and community growers to sell their produce in residential areas without a special use permit. 

The ordinance revised Toldeo’s Municipal Planning & Zoning Code Chapter 1104: Use Regulations, adding Subsection 1104.2400 Urban Agriculture, which includes 1104.2405 Composting. For the first time, definitions for urban agriculture, community garden, compost, composting, farm stand, greenhouse, and hoop house were added to use categories in Chapter 1116: Terminology (Section 1116.0202). Urban agriculture, composting, and related activities were not previously clearly defined or regulated. Adding urban agriculture and composting explicitly to the zoning code ensured their status as permissible land uses. 

Ordinance 158-18, passed in April 2018, was declared an emergency measure for the immediate preservation of public peace, health, safety, and property and, therefore, went into immediate effect at the time of passage.

Urban Agriculture as a Defined Land Use

The ordinance updated land use regulations (Chapter 1104) for urban agriculture to clarify and define the applicable zoning districts and regulations pertaining to urban agriculture activities. Use regulations were adapted from a zoning code model provided by the Ohio Environmental Protection Agency. 

The new regulations specify composting as a permitted accessory use, include standards for property line proximity (setbacks), and regulate agricultural structures, composting activities, and sale of produce on site.

1104.2405 Composting 

1. As defined in Sec. 1116.0119.3, composting is permitted as an accessory use in residential zoning districts. Composting activities within residential zoning districts shall adhere to all of the following standards:
   1. No compost pile or total composting area shall exceed three-hundred cubic feet (300ft3) in size and/or five feet (5′) in height.
   2. Any compost pile or area shall comply with the setbacks of Sec. 1105.0201.
   3. A compost pile or total composting area shall be located as far away from adjacent residential areas as possible and properly screened.
   4. Unless generated at the site, the following materials shall not be accepted from off-site sources for composting: animal manures and food scraps consisting of, or containing meats, bones, and dairy products.
   5. Composting areas and structures shall be maintained in a manner that protects adjacent properties from nuisance odors and the attraction of rodents or other pests.
2. Composting as a principal use is defined under the Construction Sales and Services use category.

Land Use Categories

The previous zoning code organized Agriculture into two separate land use categories: (1) Nurseries and Greenhouses, and (2) Other Agriculture. Ordinance 158-18 revised the use categories (Planning and Zoning Subsection 1116.0202) to (1) Major Urban Agriculture and (2) Minor Urban Agriculture, as follows:

1116.0202 Urban Agriculture: Activities that primarily involve raising or producing field crops or other plants.

1. Major Urban Agriculture: Land, nurseries, agriculture buildings, greenhouses or community gardens, as defined in Sec. 1116.0100, used to raise flowers, shrubs, and plants for sale on-site.  This includes the use of structure(s) greater than four-hundred square feet (400 ft2) in total area.
2. Minor Urban Agriculture: Land, farming, truck gardening, forestry, tree farming or community gardens, as defined in Sec. 1116.0100, used to raise flowers, shrubs, and plants for sale subject to Section 1104.2406 Sales.  Structure(s) may be used for growing but shall not exceed four-hundred square feet (400 ft2) in total area.

As described in Ordinance 158-18, “the main difference in the two use categories is the ability to sell produce in a residential zoning district, and/or if the project includes the use of structures exceeding a certain size.” For example, a hoop house, greenhouse, or other structure larger than 400 square feet will require a special-use permit in residential areas.

Additional Definitions

Certain definitions were also added to Planning and Zoning Subsection 1116.0100, including:  

•  1116.0119.1  Community Garden: An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non food ornamental crops, such as flowers, for personal or group use, consumption, sale, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.
•  1116.0119.2  Compost: Organic material that can be used as a soil amendment or as a medium to grow plants.
•  1116.0119.3 Composting: Combining organic wastes (e.g., yard trimmings, food scraps, manures) in proper ratios into piles, rows, or vessels; adding moisture and bulking agents (e.g., wood chips) as necessary to accelerate the breakdown of organic materials; and allowing the finished material to fully stabilize and mature through a curing process.
• 1116.0133.1 Farm Stand: A temporary structure used for display or sale of produce.

History of Local Organizing

This policy resulted from local activists and growers organizing against restrictive fines and penalties for farmers and composters. In 2016, Thomas Jackson, a local grower, composter, and entrepreneur, was fined $30,000 for composting on his land to improve soil quality and grow produce. Local activists and growers organized around his legal issues to help fight the ruling and prevent similar situations from happening again. With Jackson’s support, community organizers, urban farmers, and community gardeners established the Urban Agriculture Alliance of Lucas County as a 501(c)4 organization.¹ 

As a certified Master Urban Farmer and professional landscaper, Jackson grew 9,200 pounds of produce in 2017. He reported donating thousands of pounds of this produce to people in the neighborhood and schools. That same year, Jackson was convicted and fined $3,000 in court. After a two-year legal battle supported by the Alliance and other locals, the court of appeals overturned Jackson’s conviction and fines.

The Alliance also worked to establish a local policy that eliminated barriers and expanded access to local urban agriculture and composting. The group challenged a proposed law that would further restrictions and barriers through organized public demonstrations and opposing testimony. The presiding committee then ordered the proposed ordinance to be revised with the Alliance’s input. Municipal Ordinance 158-18, which passed successfully in April 2018, was largely influenced by research and recommendations by the Alliance.²

More Information

• Model Municipal Zoning Ordinance on Community Composting (Environmental Law Institute, & Natural Resources Defense Council, with contributions by the Institute for Local Self-Reliance)
• Ohio Environmental Protection Agency Zoning Code Model: Urban Agriculture, Composting, and Zoning
• City of Toledo Free Residential Food Waste Drop-Off Program 
• City of Toledo Community Garden Water Program
• Ohio Environmental Protection Agency – Composting
• Ohio’s Composting Regulations – ILSR Composting Policy Library

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Original post from August 22, 2024