POLICY DATABASE
Stuart, Florida, Land Development Code § 2.06.08 (current through Jan. 9, 2017)
Brief Summary
Provides supplemental use standards for urban agriculture, meaning community gardens and urban farms. Requires an environmental assessment for soil contaminants, addresses permitted structures for urban farms (which include greenhouses, hoophouses, cold frames, and similar structures; sheds, farm stands, etc.); and allows sale of produce from community gardens on or off-site with a special events permit, and for urban farms (no additional permit needed). Also allows for urban farms to keep up to 30 chickens (but prohibits other livestock).
Legal Strategies
Creates an exemption.
Requires something, sets standards.
Reach
Community-wide
Food System Category: Grow, Get
State: Florida
Jurisdiction Type: City
Jurisdiction Name: Stuart
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. "promote the health" (sec. 2.06.08(A)).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Promote environmental benefits (sec. 2.06.08(A)); local production of food primarily for sale to local sellers and costumers residing or doing business in Martin County (sec. 2.06.08(A)).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Promote economic benefits (sec. 2.06.08(A).).
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. "to promote local food production for local consumption and promote the health, environmental and economic benefits of having such uses" (sec. 2.06.08(A)).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Unclear. "Urban farms and community gardens are types of urban agriculture. Urban farms promote the local production of food primarily for sale to local sellers and consumers residing or doing business in Martin County, Florida. Community gardens promote the local production of food primarily for use and consumption by the individuals directly involved in the food production." Sec. 2.06.08(A).
Does the law address implementation in some way?
Yes. Describes what information must be included in applications for administrative approval of an urban farm or community garden (sec. 2.06.08(D)).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. A fine of $500 for any first violation of building code and $1,000 for any second violation of building code (sec. 8.06.02).
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
Land Development Code, chapter 2-Zoning districts uses allowed, density, intensity; section 2.06.00 - supplemental use standards; § 2.06.08-urban agriculture.