Page 31 - Leisure Living

Properly Managed Community
Gardens Benefit Neighborhoods
“Law You Can Use” Courtesy of the Ohio State Bar Association
Q: I want to become a member of community garden. Where do I begin?
A: Many community gardens are run by local non-profit organizations, sometimes in connec- tion with a local university or the local munic- ipality’s community development department. For more information, check the websites of organizations such as Civic Garden Center in Cincinnati, Get Green in Columbus and Green City Growers in Cleveland.
Q: If I want to start my own community garden, how can I obtain land?
A: Some municipalities allow gardeners to lease land directly from the city, as municipalities ben- efit by putting vacant plots of land to use. These programs may allow the gardener to obtain title to the land after they revitalize the plot for a certain number of years. You may also lease land from a private individual (via short-term lease agreements), or purchase your own plot. Some cities may even provide you with a grant to subsi- dize these initial costs.
While gardening is a low-risk activity and inju- ries are infrequent, both pri- vate parties and cities may require you to buy insurance for liability arising out of the garden’s operations, and to agree that the owner will not be responsible for such lia- bility, as a condition of the
lease.
Q: What should I consider when searching for a suitable plot of land?
A: First, you will want to make sure the land is prop- erly zoned. Plots of land are generally divided into res- idential, commercial and industrial uses. These may not permit community gar-
www.LeisureLivingMagazine.com
dening activities, depending on the city. And even if permitted, each zone may restrict the activities. One zone may restrict the height of structures/vegetation, while another may restrict how close structures/vegetation can be to neigh- boring properties. Check with your city to ensure that your garden will comply with its zoning requirements. Even if the prospective land is not ideally zoned, however, you may be able to obtain a variance (or exception) from the local building department for your specific use. Additionally, if your garden is in a suburban environment, you should be aware of any relevant homeowner’s association regulations.
You should also make sure the plot of land contains no environmental hazards, espe- cially in urban areas. Prior activities on the land, or activities on land surrounding your plot, may have left behind contaminants. This is particular- ly important if you plan to buy the land, because responsibility for such hazards will fall on you if
Continued on page 32
May 2015 LeisureLiving | 31