Planning and Zoning for Agritourism

The last two weeks we discussed the topic of agritourism. We started with a frank conversation on What is Agritourism. Then we discussed how Harvest Hosts can help market agritourism sites.

However, communities should also prepare for agritourism through regulatory means as well. This may seem odd to many communities as their zoning jurisdictions do not reach out into the county much. But there are many agritourism activities that sprout up in and around the edges of communities that should be considered.

The topic of agritourism should also be discussed with county representatives. Fostering agritourism activities in a controlled manner should be a common goal between the county and its communities.

It is important to start discussing regulatory changes now so your community is prepared for an opportunity in the future. Many local zoning codes prohibit all undefined uses and activities. Hence, it is important for communities to specifically address agritourism in their plans and ordinances. Do this not only to allow for agritourism uses but also to control the potential negative impacts that can hurt your community as well.

Start with the Comprehensive Plan

First, communities should look towards their comprehensive plan to start down this road of regulatory changes. The comprehensive plan should be the basis of many of your regulatory changes. Starting the process towards changes for agritourism should be no different. Agritourism should be specifically addressed in the goals, objectives, policies, and action items within the plan.

This is also a good starting point for public input. The public hearings required through the typical comprehensive plan update process are an ideal way to gauge public interest and concerns. Through the input gathered in the public hearing process, the regulations changes that follow can be customized meeting both the desires and concerns related to agritourism.

Apple and Corn Festival Morden Manitoba Canada, By Shahnoor Habib Munmun; Creative Commons

Zoning Makes it Work

Then it is on to zoning. Here it is important to start with a definition of “agritourism” in your zoning code. It is also a good idea to define some of the more common agritourism uses. This is especially important for the use types that may cause concern within your community. It is much easier to regulate such areas of concern if they are adequately defined.

Then it is on to where and how to allow the use(s). Some communities just generally add the “agritourism” use in certain districts. Others list general sub-uses that fall under agritourism so that each can be regulated differently as the community desires. Still others create a specific Agritourism Zoning District or an overlay zoning district. This helps control agritourism uses to specific areas to limit potential negative impacts, like traffic, to areas more appropriate for that use.

There are also considerations for what categories the uses should fall under. For instance, a winery with a small retail space may be allowed out-right. However, a pumpkin patch or orchard planning fall or Halloween festivals may be listed as a conditional use. Through a conditional use permit (CUP) specific conditions can be allocated to limit the negative impacts on neighbors and the community as a whole.

When adjusting your zoning for agritourism there’s also the consideration of supplemental standards beyond just how the use is allowed. These standards can help mitigate issues agritourism can have on other farms and residents without requiring a conditional use permit. These standards can address maximum facility sizes, parking, noise, nuisances, hours of operation, and signage. A CUP may still be required to deal with issues specific to that sub-use, or for impacts related to specific locations. But supplemental standards typically address common issues amongst many of the agritourism sub-uses.

Find a Way to Make it Work

Regardless of how you regulate agritourism uses, allowing for them, in general, is important and can help your overall economy. Adding aspects to your comprehensive plan and zoning regulations can help facilitate their growth while ensuring that they don’t harm the community in the process. This helps to keep a positive mindset on agritourism and ensure it has a long-term place in your economic base.