When 9-year-old Spencer Collins put up a Little Free Library in his town of Leawood, Kansas, the City Council promptly told him to take it down. They cited a city ordinance that stated: “No detached structure including garages, barns, sheds, greenhouses, above ground pools, or outbuildings, shall be permitted, unless expressly allowed.” This sparked a local controversery and plenty of media coverage, resulting in Spencer making a speech to the City Council and the ultimate restoration of Spencer’s little library. Get the full story here.
If you want to establish little libraries in your town you may come face-to-face with these types of city ordinances and zoning laws. If you don’t know whose permission to seek, check out our FAQs page which offers strategies for getting permission from local governing bodies and dealing with HOAs. If you’re looking for more, visit the how-tos section at the bottom of the Start a Little Free Library page.
Many cities now have official policies in place governing little libraries. Here is how the City of Derby, Kentucky handled the new little libraries showing up around town (courtesy of Jo Simon).
Any individual or organization desiring to place a Little Free Library should be advised of the following: Little Free Libraries meeting the below listed conditions are not subject to permitting or licensing requirements of the City of Derby.
- Little Free Libraries are considered as an accessory use, and are permitted in any zoning district; provided that, all such libraries meet the following placement requirements:
- Shall not be located within or overhang the public street right-of-way or any public easement;
- Shall not obstruct vehicular, bicycle or pedestrian traffic, either physically, or by a person utilizing the Little Free Library;
- Shall not obstruct access aisles or paths utilized by persons in wheelchairs or for ADA accessibility;
- May be placed as a permitted obstruction in a required front yard (area between the front wall of a building and the public street right-of-way);
- Enclosures shall be sized and arranged such that no person or child is able to enter;
- Shall be anchored to the ground or otherwise securely attached to something having a permanent location on the ground.
The City of Derby encourages prospective operators of Little Free Libraries to submit proposed locations for review by City of Derby staff to ensure the above listed requirements have been satisfied.
OK, so what if your town is being really strict and you need to go before the City Council or seek a variance in zoning laws? We consulted with Professor Laurence H. Tribe and Tristan Duncan of Shook, Hardy and Bacon L.L.P. to get their input on Spencer’s case. If your town is using a similar argument to the one the City Council of Leawood used (little libraries are “prohibited detached structures”), here are some arguments Duncan and Tribe suggested:
- Is your library similar to other “detached” (but likely allowed) structures like birdhouses? If the “detached structure” ordinance is interpreted to prohibit a Little Free Library but not a birdhouse or other similarly small free-standing object that has no communicative function, then it raises real free speech problems. So, a question for your City Council is: what other exceptions are made to the “detached structure” ordinance? The City cannot constitutionally permit bird feeders, for example, but discriminate against little libraries. That preferential treatment arguably abridges Free Speech under the First Amendment of the Federal Constitution.
- Is your library more like a piece of freestanding art than a shed? Suggest to the authorities in question that the “detached structure” ordinance may not even apply since your library is more like a piece of neighborhood art. Many cities have Art Object
ordinances that permit structures in the yard with an aesthetic quality. The First Amendment also protects symbolic and aesthetic ways of communicating beyond the written word; you might have a double whammy argument. Your library is both a structure serving a communicative/educational function as well as aesthetic expression.
- Is your library more like sign than a shed? Sign ordinances must meet a very strict standard before the City can prohibit their erection since they have a communicative function, which the First Amendment protects. Similar reasoning should apply to your library.
Arguing to keep your library is one way to go, but you might also consider looking for loopholes in the rules. Tricia Rightmire of Shawnee, Kansas did just that. When she found out that her HOA’s bylaws wouldn’t let her have a freestanding object in her yard, she got creative.
“I decided to work around [the bylaws] by putting my collection in a wagon, calling it a Little Free Bookmobile, and taking it on a daily walk around the neighborhood!” said Tricia. “I’ve got signs coming, a website for it put together, and have drummed up some community enthusiasm and book donations!”
Whatever your situation, we hope that the tips above help you start a little library or keep yours running. We have found that City Council members, HOAs and neighbors (even the grumpy ones) are all just people who can learn to love little libraries if you’re willing to work with them. Whenever possible, keep it friendly and show that you’re willing to abide by the rules. And if all else fails, a little creativity can go a long way.
A friend of mine who is a contractor designed and built a beautiful library box for me. But when he went to City Hall to check on the issue of a permit, the clerk felt that the post definitely needed a permit, but couldn’t decide what category the Little Free Library fell in. After an hour discussion, my contractor came back to my house and told me I was going to have to pay $35 for a permit to put a 4 by 4 post into the ground on my own property. I found it amusing and when the editor of our weekly paper came by to take pictures of the library box and to get the full story, I told her with a laugh that I had the smallest permitted structure in Grand Marais.
Go, Spencer. We’re # 4612, had no problems with our city, but sure are pulling for you to keep yours up and running. My relatives contacted your mayor and city council, and are happy that they allowed a stay for you. I’ve even sent a couple books to your mayor from my library with the note “Always a gift. Never for sale.”
Hooray, Spencer, your library looks great. Enjoy.
WAY TO GO SPENCER!
we are really proud of you to hang in there and stand your ground. Keep up the good work.
these little libraries are the best idea ever!
what city officials would tell you no to reading and sharing with your whole community!! That’s just unheard of!!!
my husband is the mayor in our small town of 448 in Lynd, MN and our city officials and people in our town supported us and backed us on our little free library and the books are just pouring in. Be prepared you are going to get a lot of books and that is just great.
your parents did a great job in raising you and we are all really proud of you.
Love the looks of your library, you did a really good job!
Judy & Carl Klatt in Lynd, Mn
we are Charter Number 12511
I haven’t placed mine yet because I am concerned about our HOA/city so I am working on a design to make it more like lawn furniture. I haven’t found my pieces yet, but I am thinking a bench and table. The table being something that can be opened to keep the books. Either that or a lawn decor that opens up to but the books in.
In all honesty, we never thought to check about building permits, etc…just thought the LFL was a great idea and we knew others in our city had put them up. However, since we didn’t want to create a “permanent” location (and we also didn’t want something that someone could just pick up and cart away) we attached ours to a 4X4 post that sits in a plastic planter box. The planter box is filled about halfway with concrete (and a few drainage holes)…then the rest is filled with soil and plants on top. So we have a heavy, but movable, LFL resting over a decorative planter…and so far, no complaints from anyone (but tons of compliments!)
I really like your idea. I cannot have a permanent structure and the lawn furniture idea is getting expensive and may not fit in my small area. I may still try to have a small bench.
I’ve had my LFL for a couple of years in Chula Vista, CA. No problems. Have been a school assignment where students hAD TO CHECK OUT THE lfl, ASK SOME QUESTIONS AND BORROW A BOOK.Went great. Am now going to Oklahoma City and my LFL is going with me.
am now moving to Oklahoma ////city and my LFL is going with me.