POLICY DATABASE
Clearwater, Fla., Community Development Code §§ 3-2601 to 3-2603 (current through Feb. 15, 2018)
Brief Summary
This law creates standards for community gardens and urban farms, including standards relating to equipment, power tools, maintenance, design, accessory structures, parking and trash. Wholesale and on-site sales are not allowed for community gardens.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: Florida
Jurisdiction Type: City
Jurisdiction Name: Clearwater
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See this language: "for the health and safety of all area residents, synthetic chemical fertilizers, herbicides, weed killers, insecticides, and pesticides are not permitted in community gardens." § 3-2602(A)(6).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Includes the following phrases/terms: "The community garden or urban farm shall be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste from draining off of the property; " "Herbicides and insecticides made from natural materials." § 3-2602(A)(5).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "It is the purpose and intent of this division to establish appropriate standards which allow for community gardens and urban farms, while mitigating any associated undesirable impacts. Community gardens and urban farms may create impacts which can be detrimental to the quality of life of adjacent property owners. " §3-2601.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 8-102. "Community gardens" and "urban farms" are both defined terms.
Does the law address implementation in some way?
Yes. The law states establishes community garden applications should be processed and sets minimum requirements for what applications should include (""Applications for community gardens or urban farms shall be processed as a Level One approval."") §§ 3-2602 to -603. See also, sections 4-201 et seq. (""General procedures"") and 4-301 (regarding the approval process for Level One approvals).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. The general enforcement provisions describe enforcement procedures and outcomes for code violations, including e.g. "reasonable time to correct the violation," and fines of up to $15,000 depending on the severity of the violation. § 7-103.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Community Development Code Sections 3-2601 through 3-2603 are located in Article 3. - Development Standards / Division 26. - Community Gardens and Urban Farm. History: Ord. No. 8654-15, § 24, 2-5-15.