POLICY DATABASE
Dania Beach, Fla., Code § 312-50 (current through Sept. 29, 2017)
Brief Summary
This provision describes "urban agricultural gardens" and recognizes that "most community gardens share at least four (4) elements in common: land (or a place to grow something); plantings; gardeners; and some sort of organizing arrangements. Land for a community garden can be publicly or privately held." The provision also acknowledges the tradition of cleaning-up abandoned vacant lots and turning them into productive gardens in urban areas and their value as a health or recreational amenity. See sections 302-10 and 312-30 for laws that incorporate the term "urban agricultural garden.".
Legal Strategies
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: Florida
Jurisdiction Type: City
Jurisdiction Name: Dania Beach
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. "health or recreational amenity" (§ 312-50).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
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?
Unclear. Although not labeled "findings" the following language is included: "For all their diversity, however, most community gardens share at least four (4) elements in common: land (or a place to grow something); plantings; gardeners; and some sort of organizing arrangements. Land for a community garden can be publicly or privately held. One (1) strong tradition in community gardening in urban areas is cleaning up abandoned vacant lots and turning them into productive gardens. Alternatively, community gardens can be seen as a health or recreational amenity and included in public parks, similar to ball fields or playgrounds." § 312-50.
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. This article contains general rules governing the use of land within the city, including rules for interpreting the lists of permitted, special exception and prohibited uses in articles 105 through 115, and article 302. This article also identifies the intent and purpose of each zoning district within the city. § 100-10.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. This section provides a definition of urban agricultural garden. § 312-50. See sections 302-10 and 312-30 for provisions that incorporate the term.
Does the law address implementation in some way?
No.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Unclear. Penalties for violations of the Land Development Code are set forth at article 705. Art. 705. It is unclear if any would apply to section 312-50.
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
Dania Beach, Florida - Code of Ordinances, PART II - CODE OF ORDINANCES, Chapter 28 - LAND DEVELOPMENT CODE, SUBPART 1. - COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS, ARTICLE 312. - CIVIC OPEN SPACE; STANDARDS AND GUIDELINES, Sec. 312-50. - Urban agricultural garden. History: Ord. No. 2010-20, § 2(Exh. A), 9-14-10.