POLICY DATABASE
Newberry, Florida, Code, app. B, art. 4, § 4.2.38 (current through Sept. 7, 2017)
Brief Summary
Provides supplementary regulations to allow for urban agriculture uses in residential areas; specifically for keeping of chickens, ducks, pigeons, and pheasants (up to 4 birds) on residential zoned parcels of 10,000 or more square feet; and community gardens for growing and selling plants/crops, with small structures also allowed.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: Florida
Jurisdiction Type: City
Jurisdiction Name: Newberry
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?
Unclear. "Urban agriculture may be applied to single family residential zoned districts to help create more sustainable and secure local food system by increasing opportunities to grow food." Sec. 4.2.38.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Unclear. Refers to "sustainable" food systems: "Urban agriculture may be applied to single family residential zoned districts to help create more sustainable and secure local food system by increasing opportunities to grow food." Sec. 4.2.38.
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?
Unclear. "These Land Development Regulations recognize the following different urban agriculture uses: Animal husbandry, community gardens." Sec. 4.2.38.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Unclear. See sections 4.2.38 (defining "urban agriculture"); 4.2.38.1 (animal husbandry); 4.2.38.6 (community garden). Art. 2 Sec. 2.1.
Does the law address implementation in some way?
Unclear. See Article 3, Administrative Mechanisms.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to section 15.4.1 above. However, if the code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation." Article 15.4.
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
Appendix B-Land Development Regulations; Article 4-Zoning regulations; § 4.2.38-Urban Agriculture Supplementary Regulations. History: Ord. No. 16-12, § 5, adopted November 26, 2012.