POLICY DATABASE
Policy 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.

Background Information

State Florida
Jurisdiction Name DeLand
Jurisdiction Type City,
Population Size 5,000-50,000
Legal Strategies
  • Requires something, sets standards
Reach Community-wide
Food System Category Grow; Get;

Policy Details

Refers to priority populations?
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).

Health-related goal?
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).

Environmental goal?
Yes

"preserving green space" (sec. 33-24.01).

Economic goal?
Yes

"creating income-generating opportunities and economic development," "provide for nutritious food at affordable costs," "to increase property value" (sec. 33-24.01).

Includes findings?
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.

Has a stated intent or purpose?
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).

Includes definitions?
Yes

Sec. 33-12.

Addresses implementation?
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)

Enforcement provisions?
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).

Evaluation component?
No

Requires extra 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.