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Home My WebLink AboutLegislation SR (Version 3)Second Reading Ordinance Cityof Miami Legislation Ordinance city hail 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 DIVISION ENTITLED "FARMERS' MARKET PILOT PROGRAM", CREATING SECTION 62-622 ENTITLED "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. WHEREAS, Florida Statute 163.3161 states that it is the duty of local government to "overcome present handicaps" such as threats to health and to "preserve, promote, protect, and improve the public health and safety;" and WHEREAS, local food projects such as farmers' markets have shown to combat handicaps to health while improving community economic vitality and environmental sustainability; and WHEREAS, the City of Miami ("City") has an interest in promoting the availability of healthy and locally -grown foods within its communities through a farmers' market program; and WHEREAS, major cities across the nation have promulgated legislation and comprehensive plans facilitating the proliferation of farmers' markets to maximize their benefits; and WHEREAS, the City seeks to be a leader which protects and improves the health and well-being of its residents and their environment; and WHEREAS, current ordinances make it cost -prohibitive and difficult to operate farmers' markets which are beneficial to the City's residents and their environment; NOW 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 City of Miami Page 1 of 3 File Id: 11-01066 (Version: 3) Printed On: 12/5/2011 File Number: 11-01066 ZONING AND PLANNING ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED Division 9. Farmers' Market Pilot Program * Sec. 62-622. 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 two (2) years and will automatically terminate on January 1, 2014 unless otherwise extended by an affirmative vote of the City Commission. (b) Definitions. Electronic Benefits Transfer (EBT) is an electronic system that allows a recipient to authorize transfer of their government benefits from a federal account to a retailer account to pay for products received, such as SNAP benefits. 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 in conjunction with Division 2. A Temporary Farmers' Market Permit is valid for a period of six (6) months. Supplemental Nutrition Assistance Program (SNAP) is a federal -assistance program, formerly known as the Federal Food Stamp Program, which provides a means for low income individuals and families to buy nutritious food. (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 City of Miami Page 2 of 3 File Id: 11-01066 (Version: 3) Printed On: 12/5/2011 File Number: 11-01066 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 hens. 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 or an organization that accepts EBT/SNAP benefits, the fee shall be $250.00 per permit. The City shall request proof of status as a not -for -profit organization or acceptance of EBT/SNAP benefits. 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. 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 becomeeffective 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: 3) Printed On: 12/5/2011