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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01066 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/
ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY
USES AND OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY
CREATING A NEW SECTION 62-536 ENTITLED "FARMERS MARKET PILOT
PROGRAM", CREATING A FARMERS MARKET PILOT PROGRAM; DEFINING
FARMERS MARKET, PERMITTING PROCESS, LOCATION, OPERATIONS AND
FEES AND ENFORCEMENT OF SAID PILOT PROGRAM ; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 62/Article XIII of the Code of the City of Miami, Florida, as amended, entitled
"Zoning and Planning/Zoning Approval for Temporary Uses and Occupancies; Permit Required", is
further amended in the following particulars:{1}
"CHAPTER 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED
Division 3. Temporary structures in conjunction with permanent outdoor recreational uses or
recreational facilities.
Sec. 62-536. Farmers Market Pilot Program.
(a) Intent. In order to encourage economic and community development, promote the health of
residents and provide access to nutritious substance, the following pilot program is instituted for a
___period of twc (2) years and will automatically terminate on January `, 2014 unless otherwise extended
by an affirmative vote of the City Commission.
City of Miami Page 1 of 3 File Id: 11-01066 (Version: 1) Printed On: 11/4/2011
File Number. 11-01066
(b) Definitions.
Farmer is a person who grows or has direction over a person who grows at least 75% of the products
offered for sale at a Farmers Market.
Farmers Market is an organized reoccurring operation at a designated location used by Farmers of
Locally -grown products primarily for the distribution and sale of Locally -grown agricultural products or
a limited amount of non-agricultural Locally -grown products. The sale of other food products at such
markets shall not disqualify it as a Farmers Market provided that such food products meet all
applicable federal, state, and local health laws regulating the manufacture and sale of such food
products. A Farmers Market is not an event. The use of EBT/SNAP benefits at a Farmers Market is
encouraged.
Locally -grown is a product that is grown, raised, or cultivated within 100 miles of South Florida.
Temporary Farmers Market Permit is a permit as detailed by this Division and in conjunction with
Division 2 and is valid for a period of six (6) months.
(c) Permitting process. Notwithstanding any contradictory language in the Zoning Ordinance, property
owners who wish to host a Farmers Market must submit an application for a Temporary Farmers
Market Permit to be approved by the City Manager or designee at least thirty (30) days prior to the
date of the Farmers Market pursuant to Division 2. An applicant must submit a site plan detailing the
location of all tables, booths, stands, onsite parking, landscaping, and restroom facilities. Spillover
parking into any residential areas is strictly prohibited. Any Temporary Farmers Market Permit may be
extended for an additional six (6) month period for an additional fee as detailed below. No Temporary
Farmers Market Permit shall be issued to a property that has any outstanding code enforcement
violations or City liens. An applicant who obtains a Temporary Farmers Market Permit shall not be
required to obtain a Certificate of Use or Business Tax Receipt in order to operate pursuant to this
section.
(d) Location. Farmers Markets shall only be authorized to operate on parcels of land with a minimum
of 5,000 square feet.
(e) Operation. Farmers Markets shall only be authorized to operate between sunrise and sunset and
shall not operate for more than three (3) consecutive days in a week. Farmers Markets shall have to
comply with all federal, state, and local regulations and requirements.
(f) Fees. Each Temporary Farmers Market Permit for a Farmers Market shall cost $500.00. If the
Farmers Market is hosted by a not -for -profit organization, the fee shall be $250.00 per permit. The
City shall request proof of status as a not -for -profit organization. Any renewal of a Temporary Farmers
Market Permit shall cost the same as the original fee.
(q) Enforcement. All violations shall be subject to code enforcement pursuant to Chapter 2, Article X,
and any other remedies as are provided by law, jointly and severally, including but not limited to the
revocation of the permit.
*II
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File Number: 11-01066
Section 3: If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File Id: 11-01066 (Version: 1) Printe'u On: 11/4/2011