Reimagining Urban Food Systems through Zoning and Land-Use Law:
A Case Study of Syracuse, NY
Spencer Elkin, Eldon Montague, Kyra Morrill
FST 402, Syracuse University
Mary Kiernan
May 1st, 2023
I. Abstract
This case study takes a crucial look at the relationship between land-use law, specifically zoning, and access to fresh, healthy, and affordable food in urban settings. An interdisciplinary approach is used to evaluate this intersection by utilizing our existing knowledge on land use regulations, zoning methodologies, urban food injustice, and urban design, while using multiple cities from around the United States as a mechanism for comparison. Our existing knowledge on the City of Syracuse and the zoning/land-use regulations present there in conjunction with gathered knowledge from similar cities will allow us to evaluate where changes need to be made, along with examples for how to implement these changes into the City of Syracuse’s revamped zoning code, ‘ReZone Syracuse.’
II. Key Definitions
● Ordinances: Rules and regulations, in this case related to zoning and land-use, established by a government or other authority, to encourage development of a certain pattern and/or to control land uses.1
● Variances: An exception to a zoning ordinance granted by a board of appeals or other governmental body Variances are permitted on a case-by-case basis.2
● Non-conforming uses: Uses of land, buildings, or structures that were legally established prior to the enactment of a zoning ordinance but that do not conform to the ordinance's requirements.3
● Accessory uses: Uses of land, buildings, or structures that are incidental and subordinate to the main use of the property.4
1 "Ordinance." Merriam-Webster.com Dictionary, Merriam-Webster, https://www merriam-webster com/dictionary/ordinance
2 "Variance " Legal Information Institute, Cornell Law School, https://www law cornell edu/wex/variance.
3 "Non-Conforming Use " Legal Information Institute, Cornell Law School, https://www law cornell edu/wex/non-conforming use
4 "Accessory Use." Legal Information Institute, Cornell Law School, https://www law cornell edu/wex/accessory use
● Mixed use: A type of development that combines two or more different types of land use, such as residential, commercial, and/or industrial. Many mixed use zones have been eliminated from zoning code in the late 20th century as a result of urban renewal.5
● Board of Appeals/City Commission: A board or commission appointed to hear and decide appeals related to zoning and land use decisions. In Syracuse, these governmental bodies hold monthly public hearings where cases are argued and decided upon.6
● Special Use Permits: A permit granted by a zoning authority —such as the board of appeals or the city commission— that allows a property owner to use their land for a purpose that is not allowed under the zoning ordinance.7
● Food apartheid: A term used to describe areas, often low-income communities of color, with limited access to fresh, healthy, and affordable food due to lack of grocery stores, transportation, income disparities, etc.8
Zoning ordinances define what land can be used for, and where. Outdated ordinances in Syracuse’s zoning code– a document that has remained functionally unchanged for the past hundred years– prevent the development of grocery stores and green growing spaces in communities that need access to food.
Currently, farms and gardens are not technically legal within Syracuse’s city limits. At the Syracuse Zoning Board of Appeals City Planning Commission Meeting on March 28th, 2023, we heard from Brady Farm stakeholder Jesse about how these ancient ordinances dragged out Brady Farm’s variance application for two years. Jesse, a stakeholder of Brady Farm and its representative at the meeting, said that “the antiquated zoning laws made it illegal to grow food and sell it to your neighbors''. Not only is it illegal to grow food in certain areas, it’s illegal to sell it.
5 "Mixed Use " Urban Land Institute, https://uli org/glossary/mixed-use/
6 "Board of Appeals." City of Chicago, https://www chicago gov/city/en/depts/bac/supp info/board of appeals html
7 "Special Use Permits " City of Chicago, https://www chicago gov/city/en/depts/dcd/supp info/special use permits html
8 "Food Apartheid " Food First, https://foodfirst org/food-apartheid/
III. Literature Review
Background
Syracuse, New York’s zoning ordinance has been largely unchanged since its implementation in 1922. Its rigid Euclidean policies have discouraged development all over the city and made it impossible to create mixed-use neighborhoods in many areas, leaving swathes of residential zones in Syracuse without reliable access to fresh, nourishing food9. Further, the construction of the I-81 viaduct in 1959 razed the 15th ward–a thriving minority neighborhood–displacing an entire community of black-owned businesses and residents to what is now the South Side. The area now is the site of the oldest low-income housing in the United States, and is considered to be under food apartheid10.
ReZone & Food Access
Updated ordinances that are written with acknowledgement for past injustices are vital to implement the smart growth that the city has committed to in its Comprehensive Plan 204011 Since 2015, city officials have been working on ReZone Syracuse to completely overhaul the city’s ordinances to implement mixed-use, Smart Growth, and urban farming practices to address food apartheid. In the Syracuse Onondaga Food Systems Alliance’s (SOFSA) letter supporting the city’s implementation of ReZone Syracuse, they cited four ordinances in Article 3 of ReZone they especially endorse, and which are aimed to increase food security and economic prosperity.
A3.3 C6 allows for the existence of urban community gardens, and permits on-site selling of
9 Ackerman, Maura. (March 28th, 2023). Public Comment. City Planning Commission Special Meeting, Syracuse City Hall, Common Council Chambers (3rd Floor), 233 East Washington Street, 13202
10 Semuels, A (2015, November 22) This city has the most concentrated poverty in America Business Insider Retrieved April 5, 2023, from https://www businessinsider com/this-city-has-the-most-concentrated-poverty-in-america-2015-11
11 Ackerman, Public Comment
produce. A3.3 C13 allows for urban farms of 40,000 square feet or less, and A 3.4 D2 says that up to six hens and six rabbits can be kept on one property. Lastly, A 3.5 E4 allows the presence of food trucks for six months out of the year within the city12 These ordinances reflect the “four zoning changes that boost local food security” according to Pace University Land Use Law student Gina Hervey; 1) the use of explicit agricultural terms in zoning code to permit food production, 2) allow temporary and small-structure buildings for agriculture, 3) Permit on-site sale of produce, and 4) support urban agriculture coalitions13. These strategies have been implemented in cities across the U.S. with notable success, and their implementation in Syracuse bodes well for the future of the city’s food system.
Systemic Injustice in Syracuse
Syracuse’s North and South sides contain pockets of dense poverty Zoning ordinances in nearby suburban communities restrict low-income individuals from moving into more affluent neighborhoods by introducing minimum property size. The North and South Side neighborhoods of Syracuse have historically lacked equal access to goods and services and have fallen victim to systemic disinvestment. The working-class people that live in these areas lack access to personal motor vehicles, leading to reliance on underfunded and unreliable public transportation to gain access to food and other necessities. There is little-to-no incentive for large-scale grocery distributors to establish centers of commerce in these areas of the city, based on the predominant
12 Ackerman, M (2022, August 2) SOFSA letter supporting implementation of rezone Syracuse - SOFSA: Syracuse-Onondaga Food Systems Alliance SOFSA | Syracuse-Onondaga Food Systems Alliance Retrieved April 5, 2023, from https://syrfoodalliance org/2022/08/02/sofsa-letter-supporting-implementation-of-rezone-syracuse/
13 Hervey, Gina. (2021, August 5). “4 Zoning Changes That Boost Local Food Security,” American Planning Association American Planning Association
socioeconomic strata. With 28.8% of people in Syracuse living below the poverty line, change needs to happen on a systemic level14.
This is a common American experience, as “about 12% of the U.S. population lived in a food desert as of 2017”15 However, thinking outside of the box when developing new zoning codes, new opportunities can arise, uplifting communities by allowing local food production to occur by the working class, for the working class, ultimately leading to economic and social empowerment.
The most densely populated, low-income areas of the city are typically filled with corner stores that serve highly-processed frozen foods and other junk foods with empty calories. These areas are usually zoned as predominantly residential, with a few commercial zones here and there, making it hard for individuals to access food without traveling far distances. Rezoning these areas to allow for mixed-use development could pave the way for a more equitable food system.
Similarly, many farmers in the Central New York Region are battling inflation and barely gracing a profit since most of the foods they produce are to be sent to New York City. Focusing more on a local supply chain by allowing farmers to sell produce onsite and cut transportation costs could play a role in mitigating economic hardships among those who toil away in the agricultural field16.
14“Census Profile: Syracuse, NY,” Census Reporter, accessed April 5, 2023, https://censusreporter org/profiles/16000US3673000-syracuse-ny/
15 “Exploring America's Food Deserts,” The Annie E Casey Foundation, February 14, 2021, https://www aecf org/blog/exploring-americas-food-deserts#:~:text=How%20many%20Americans%20live%20in,re search%20report%2C%20published%20in%202017
16Hervery, Gina. “4 Zoning Changes That Boost Local Food Security”
https://www planning org/planning/2021/summer/4-zoning-changes-that-boost-local-food-security/
Boston, Massachusetts
Across the United States, cities are making great strides in altering the way our food systems operate by utilizing zoning as a mechanism for sparking change and movement. It is one thing to discuss the many propositions that research has posed as potential solutions to combating inequities in urban food systems, but looking at the direct applications in municipalities across the United States can offer further insights regarding how zoning policy implementations directly impact their communities.
With this being said, Boston, Massachusetts, has enacted a new zoning ordinance within the past decade, Article 89 - Urban Agriculture, that addresses land use regulations for people growing their own food in the city Article 89, Section 1 defines the statement of purpose:
The purpose of this Article is to establish zoning regulations for the operation of Urban Agriculture activities and to provide standards for the siting, design, maintenance and modification of Urban Agriculture activities that address public safety, and minimize impacts on residents and historic resources in the City of Boston 17
This legislation sets out to promote urban agriculture within Boston city limits, which like many other American municipalities, has prohibited agricultural land use within the city. By implementing Article 89 into their zoning code, the city is ensuring that urban agriculture is integrated into the long-term plan of Boston’s growth and development as a mechanism for combatting both climate change and food insecurity. This ordinance lays out regulations and
17 “Article 89 - Urban Agriculture ” Boston Planning & Development Agency Municode Library Accessed April 5, 2023. https://library.municode.com/ma/boston/codes/redevelopment authority?nodeId=ART89URAG.
guidelines for urban agriculture pertaining to soil quality, water management, pesticide use, and the general system for regulating and permitting urban agriculture projects in Boston. 18
Article 89 of Boston’s zoning code utilizes a by-right land use19 which in short means that agricultural land use in Boston is permitted in a zoning district without having to go through the process of special review or approval by the local government.20 This is significant as it allows urban farmers in Boston to sell their goods without facing the bureaucratic barriers typically faced within this practice. Not only does this allow for a food system focused on local production and distribution of healthy nutrient dense foods, but it also creates jobs and cultural engagement on a level that targets economic growth starting from the ground up with historically disadvantaged citizens at the forefront. The Mayor of Boston’s office has been working closely with Article 89 to make improvements within the legislation that would allow for a more transparent and navigable permitting system.21
This zoning ordinance is a major step in the development of a more equitable and sustainable food system in Boston, and the specific achievements of this ordinance should be highlighted. Some of the most notable changes made within the city’s zoning code include but are not limited to: the allowance of an urban farm up to one acre in size in every zone, the rehabilitation of underutilized land, increased food security in underprivileged neighborhoods, and a reduction in the divide between production and consumption.22
18“ Article 89 - Urban Agriculture ” Boston Planning & Development Agency
19 “Article 89 Gives Boston a New Lease on Urban Agriculture ” U S Green Building Council Accessed April 5, 2023. https://www.usgbc.org/articles/article-89-gives-boston-new-lease-urban-agriculture.
20 Community-Planning-Zoning. “Permitted Uses, Aka ‘Use by Right.’” Community Planning and Zoning, July 26, 2019 https://community-planning extension org/permitted-uses-aka-use-by-right/
21 “Article 89 Gives Boston a New Lease on Urban Agriculture ” U S Green Building Council
22 “Article 89 Gives Boston a New Lease on Urban Agriculture.” U.S. Green Building Council.
Detroit, Michigan
Detroit, Michigan, is notorious for its struggle with blight, disinvestment, and radical racial inequities that have altered the fabric of the municipality from a once flourishing and diverse network of communities, to a city plagued by vacant land and a struggling economy In 1950, the population of Detroit peaked at roughly 1.8 million people, but it has since dramatically decreased by 60% to around 713,000 people as of 2010.23 Subsequently, over 200,000 parcels of land within the city’s limits have been left vacant, which equate to roughly a quarter of the city’s land area.
Many entrepreneurs and local legislators have seen this as an opportunity to reshape the city's landscape by introducing urban agriculture into the open land area, addressing the issue of vacant land in Detroit, revitalizing neighborhoods, and providing job skills and nutrition to residents living in poverty.24 In order for this land to be utilized for agricultural purposes, the city first needed to implement a zoning ordinance that would allow for such uses. Detroit’s 2013 zoning code uses clear language to define agricultural activity, making it easy to legally discern, for example, the difference between a farmers market and a farm stand.25 This is an essential aspect of such zoning ordinances because it minimizes the probability for misinterpretation or skewing of intents.
Within this zoning code, vacant lots, which are plentiful, are permitted to be used for agriculture, and such produced goods may be sold on-site. Similarly, the code allows for
23 Ignaczak, Nine. “No Stranger to Urban Agriculture, Detroit Makes It Official with New Zoning Ordinance.”
Seedstock Accessed April 5, 2023
http://seedstock.com/2013/04/09/no-stranger-to-urban-agriculture-detroit-makes-it-official-with-new-zoning-ordinan ce/
24 Ignaczak, Nine “No Stranger to Urban Agriculture”
25 “By Council Member : 2 an Ordinance - Detroit ” Accessed April 5, 2023
https://detroitmi.gov/Portals/0/docs/cpc/pdf/Urban%20Ag%20Ordinance.pdf.
community gardens, which many communities rely on for healthy, local, and affordable produce, contributing to better health among disadvantaged populations. The zoning code also established clear guidelines for composting and livestock farming on these sites. However, in order for these sites to be utilized for agricultural purposes, a zoning compliance review and site plan approval are required, which may inhibit the success of agricultural projects.26 Although this is a significant stride in the movement towards zoning for urban food systems, it must be noted that more studies are required to figure out which types of zoning ordinances best fit the needs of a city’s food system.
Oakland, California
In conjunction with Boston and Detroit, Oakland California has been making notable advancements in the movement towards creating a more equitable and sustainable food system.
The Oakland Food Policy Council (OFPC) is a noteworthy stakeholder involved in advocating for equitable food systems in the Bay Area, California.27 This council is made up of a group of individuals who have been working together since 2010 with the intentions of promoting food policies that support local production of food, equitable distribution of goods, and the creation of opportunities for local workers. With this, the council has advocated for changes in zoning ordinances as a mechanism for achieving food justice. Local grassroots organizations such as the OFPC play a crucial role influencing legislation, so the actions of said organizations must be considered when discussing avenues for change.
26 “By Council Member : 2 an Ordinance - Detroit ” Accessed April 5, 2023
https://detroitmi gov/Portals/0/docs/cpc/pdf/Urban
27 “EcoDirectory,” Ecology Center, accessed April 5, 2023, https://ecologycenter org/directory/directory-entries/oakland-food-policy-council/
IV. Data Collection
28 Montague, Eldon. "Correlation of Poverty by Race." Created today using data from the U.S. Census Bureau, https://data census gov/table?q=syracuse+poverty&tid=ACSST1Y2021 S1701
Montague, Eldon. "Percent in Poverty by Racial Identity." Created today using data from the U.S. Census Bureau, https://data census gov/table?q=syracuse+poverty&tid=ACSST1Y2021 S1701
V. Interventions
In Syracuse’s current ordinance, there is no definition of a supermarket, market, or food store in the list of land use definitions. The closest approximations are ‘tavern’, ‘restaurant’, ‘shopping center ’, and ‘retail store’31 Only two of these definitions explicitly imply food distribution, and they are only permitted in local business districts, central business districts, and commercial districts. What does not exist in the ordinance tells us more than what does–the city planners of Syracuse past put little to no thought into creating secure food environments for its people. This foundational lack has made it difficult for supermarkets to begin development in many areas of Syracuse. The 369-page document is overly dense, unclear, and poorly organized. Potential developers cannot interpret the ordinance without a lawyer, and this results in many prospective projects being abandoned32
Obstacles:
When it comes to changing or amending zoning laws that address issues of equity and justice, there are many barriers that make the process challenging and lengthy. Land use law is complicated as stakeholders with opposing interests are likely to clash over any changes that are proposed. For example, changes proposed by a community member may pose a threat to the plans of a developer, and vice versa. It is important to acknowledge that in these cases, the developers often have more financial power, making it difficult for community members to compete. It is crucial that one has a clear understanding of the political and economic landscape they are operating within to successfully advocate for change.
31 City of Syracuse "Zoning Ordinance " Syracuse Department of Zoning, 2021
https://www syr gov/files/sharedassets/public/2-departments/zoning/documents/ordinance/zoning-ordinance-full pdf
32 City of Syracuse, March 28, 2023.
In Syracuse, NY, the process of changing the zoning law is considerably lengthy, discouraging many from advocating for such change. This process requires the stakeholder to craft their proposal for a critical review from governmental bodies such as the Zoning Board of Appeals or the City Planning Commission. It requires a clear understanding of the City of Syracuse’s zoning codes and regulations, which may be difficult for someone who is preoccupied by other life duties.
Public engagement is an important part of the zoning process as public hearings are required to allow members of the community to offer their input and concerns regarding changes to their neighborhoods' land-uses. At the most recent City Planning Commission on March 28, 2023, multiple community members spoke directly to the commissioners, speaking on behalf of their dissatisfaction with the amount of public outreach and engagement that went into the development of the “ReZone Syracuse” plan.33 With this, it may be argued that the City of Syracuse has not been putting an adequate amount of attention on reaching out to the members of the community in neighborhoods that would most be impacted by the new zoning code.
Proposed Solution:
ReZone Syracuse takes significant strides in redeveloping our zoning code to allow for increased food access, whether that be through permitting urban agriculture and community gardens in zones where this use was previously prohibited, or by increasing zoning for mixed-use development to open commercial uses in residential areas with limited food access.
However, the changes made in this revamped code may not be enough.
In order to ensure that the needs of the community are met, further public engagement must be conducted. During the City Planning Commission on March 28th, multiple community
33 City of Syracuse, March 28, 2023
members, predominantly people of color from the South Side and North Side, called out those in charge of ‘ReZone’ for neglecting to reach out to the communities that will be most impacted by the new zoning code.34 They argued that the City of Syracuse was not doing enough to ensure preventative measures were being placed within the zoning code to prevent further socioeconomic inequities. With this, we suggest in conjunction with multiple community members that the City of Syracuse conduct a racial impact analysis to ensure the needs of communities in need are met, rather than overlooked as they have been historically.
For ‘ReZone Syracuse’ to spark positive change across the city, the process cannot be rushed, and the needs of the community must be placed before the desires of developers.
Preventative measures must be taken to ensure that this drastic change in Syracuse’s land use operations do not exacerbate further inequities. This is a crucial intervention point for the City of Syracuse, and we urge those with power to consider our urban food system throughout this process. As ReZone Syracuse moves forward, it is important to remember that equitable access to healthy food is not just a zoning issue, but a social justice issue that requires community engagement and thoughtful action to create lasting change.
VI. Conclusion
Zoning ordinances have the power to address food apartheid by promoting equitable access to healthy food within urban landscapes. We can look to cities like Boston, Detroit, and Oakland to see how allowing for mixed-use development, urban agriculture, and community gardens can promote a more sustainable and just food system. However, we must acknowledge that in order for real change to be made, systemic change must occur first to address the root causes of poverty and food inaccessibility throughout our communities. To do so, we need
34 City of Syracuse, "City Planning Commission Meeting Minutes,"
comprehensive community engagement and a racially conscious approach to policymaking that prioritizes community needs over the interests of developers. By taking advantage of this leverage point, we can create a more equitable and sustainable food system for all.
VII. Sources
Ackerman, M. (2022, August 2). SOFSA letter supporting implementation of rezone SyracuseSOFSA: Syracuse-Onondaga Food Systems Alliance SOFSA | Syracuse-Onondaga Food Systems Alliance. Retrieved April 5, 2023, from
https://syrfoodalliance.org/2022/08/02/sofsa-letter-supporting-implementation-of-rezonesyracuse/ Ackerman, Maura. (March 28th, 2023). Public Comment. City Planning Commission Special Meeting, Syracuse City Hall, Common Council Chambers (3rd Floor), 233 East Washington Street, 13202.
“Article 89 - Urban Agriculture.” Boston Planning & Development Agency Municode Library
Accessed April 5, 2023.
https://library.municode.com/ma/boston/codes/redevelopment_authority?nodeId=ART89 URAG.
“Article 89 Gives Boston a New Lease on Urban Agriculture.” U.S. Green Building Council.
Accessed April 5, 2023.
https://www.usgbc.org/articles/article-89-gives-boston-new-lease-urban-agriculture
“By Council Member : 2 an Ordinance - Detroit.” Accessed April 5, 2023.
https://detroitmi.gov/Portals/0/docs/cpc/pdf/Urban%20Ag%20Ordinance.pdf.
“Census Profile: Syracuse, NY.” Census Reporter. Accessed April 5, 2023.
https://censusreporter.org/profiles/16000US3673000-syracuse-ny/.
City of Syracuse, "City Planning Commission Meeting Minutes," March 28, 2023, https://www.youtube.com/c/CityofSyracuse/streams
City of Syracuse. "Zoning Ordinance." Syracuse Department of Zoning, 2021.
https://www.syr.gov/files/sharedassets/public/2-departments/zoning/documents/ordinance /zoning-ordinance-full.pdf
Community-Planning-Zoning. “Permitted Uses, Aka ‘Use by Right.’” Community Planning and Zoning, July 26, 2019.
https://community-planning.extension.org/permitted-uses-aka-use-by-right/#:~:text=A%2 0'use%20by%20right'%20is,a%20'use%20by%20right'.
“EcoDirectory.” Ecology Center. Accessed April 5, 2023.
https://ecologycenter.org/directory/directory-entries/oakland-food-policy-council/.
“Exploring America's Food Deserts.” The Annie E. Casey Foundation, February 14, 2021.
https://www.aecf.org/blog/exploring-americas-food-deserts#:~:text=How%20many%20A mericans%20live%20in,research%20report%2C%20published%20in%202017.
Hervey, Gina. “4 Zoning Changes That Boost Local Food Security.” American Planning Association. American Planning Association, August 5, 2021.
https://www.planning.org/planning/2021/summer/4-zoning-changes-that-boost-local-food -security/
Ignaczak, Nine. “No Stranger to Urban Agriculture, Detroit Makes It Official with New Zoning Ordinance.” Seedstock. Accessed April 5, 2023.
http://seedstock.com/2013/04/09/no-stranger-to-urban-agriculture-detroit-makes-it-officia l-with-new-zoning-ordinance/.
Semuels, A. (2015, November 22). This city has the most concentrated poverty in America.
Business Insider. Retrieved April 5, 2023, from
https://www.businessinsider.com/this-city-has-the-most-concentrated-poverty-in-america-
2015-11
REIMAGINING URBAN FOOD SYSTEMS THROUGH ZONING AND LAND USE LAW:
A CASE STUDY OF SYRACUSE, NY
This case study examines the relationship between zoning laws and access to fresh, healthy, and affordable food in urban areas. We use an interdisciplinary approach, drawing on knowledge of land use regulations, zoning methodologies, urban food injustice, and urban design. We compare multiple cities in the United States, including Syracuse, to evaluate where changes need to be made. Our findings will be used as examples to implement changes in Syracuse's "ReZone" zoning code.
