POLICY DATABASE
Policy 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.

Background Information

State Florida
Jurisdiction Name Clearwater
Jurisdiction Type City,
Population Size 50,000-200,000
Legal Strategies
  • Requires something, sets standards
  • Expressly allows something
Reach Community-wide
Food System Category Grow; Get;

Policy Details

Refers to priority populations?
No

Emergency management?
No
Health-related linkage?
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).

Environmental linkage?
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).

Economic linkage?
No

Includes findings?
No

Has a stated intent or purpose?
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.

Includes definitions?
Yes

§ 8-102. "Community gardens" and "urban farms" are both defined terms.

Addresses implementation?
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).

Enforcement provisions?
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.

Evaluation component?
No

Requires extra 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.

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