POLICY DATABASE
DeLand, Florida, Code § 33-24 (current through July 18, 2016)
Brief Summary
Provides standards for community gardens and market gardens to receive a "special exception" (permit) to operate. Gardens must register annually, and have a governing board. Gardens may only be used for cultivation of fruits, vegetables, plants, and herbs. Allows use of season extension structures including sheds, hoophouses, and greenhouses. Market garden crops may be sold on-site or a farmers' market.
Legal Strategies
Requires something, sets standards.
Reach
Community-wide
Food System Category: Grow, Get
State: Florida
Jurisdiction Type: City
Jurisdiction Name: DeLand
Does the law refer to priority populations in some way?
Unclear. "Gardens shall meet parking and access standards as required by the Americans with Disability Act and the current edition of the Florida Accessibility Code." Sec. 33-24.03(m).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "To encourage sustainable local food supply and to enhance the ability of residents to participate in activities promoting general health, physical fitness and overall well-being" (sec. 33-24.01).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. "preserving green space" (sec. 33-24.01).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. "creating income-generating opportunities and economic development," "provide for nutritious food at affordable costs," "to increase property value" (sec. 33-24.01).
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?
Yes. Findings include statutory requirement, general public need to enact a single land development code that is consistent with the local comp plan and the need to control the location, design and construction of development within the city to maintain and improve the quality of life in the city. See sec. 33-04.01.
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. "To provide for nutritious food at affordable costs, encouraging self-reliance, stimulating social interaction and community engagement, creating income-generating opportunities and economic development, and preserving green space; . . . To encourage sustainable local food supply and to enhance the ability of residents to participate in activities promoting general health, physical fitness and overall well-being; ... To increase neighborhood pride and desirability and to increase property value." Sec. 33-24.01 (a)-(c).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Sec. 33-12.
Does the law address implementation in some way?
Yes. Applicants for gardens must register annually with the city, and provide specific information on their applications forms. See sec. 33-24 .02 (d). See also Art. XII, sec. 33-131 (Administration and Enforcement).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. City may close or dissassemble a garden which is deemed a nuisance or safety hazard. It may also seek compensation from a garden board or property owner for having to address an improperly maintained or abandoned garden. Sec. 33-24.02 (g). See also sec. 33-136.01(d)(2)(c ) (revocation of development order or permit).
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
Chapter 33-land development regulations, art. II-Primary uses, § 33-24 - standards for community gardens. History: Ord. No. 2013-11, § 1, 8-5-13.