Reserved for future use.
a. Definition
Any plot of land where the principal use consists of the
growing, cultivating, and harvesting of crops; the raising of animals,
inclusive of aviculture, aquaculture, horses, and livestock; the production of
animal products such as eggs, honey, or dairy products; or, the raising of
plant material. The following standards shall apply to a Bona Fide Agriculture
use, except where pre-empted by State law.
b. Agricultural
Uses in the U/S Tier
1) Applicability
Uses legally
established prior to the effective date of this Code in the U/S Tier shall be
considered conforming. Any expansion of existing agricultural uses shall be
consistent with all applicable requirements and subject to the review procedure
identified in this Code.
2) Uses Not Listed
Agricultural uses not
listed in Table 4.B.6.A, Agricultural Use Matrix, as permitted in the U/S Tier shall only be
permitted as an interim use, subject to Class A Conditional Use approval.
3) AR Zoning District
The AR Zoning District
shall be considered consistent with all FLU designations in the U/S Tier for
the purposes of permitting interim agricultural uses only.
4) Temporary Agricultural Uses
Property which has an
existing Development Order may also receive an additional Development Order for
a temporary agricultural use in the U/S Tier in accordance with the standards
for the specific agricultural use, however, the agricultural use shall not be
eligible for an agricultural tax exemption.
c. Groves
and Row Crop
The cultivation of
fruits and vegetables as groves and row crops shall be subject to the following
additional standards in all zoning districts:
1) Lot Size
A minimum of five acres.
2) Setback
Structures and
accessory activities shall be set back a minimum of 50 feet.
3) Hours of Operation
Operation of commercial
vehicles over one ton rated capacity or gross vehicle weight of 10,000 pounds,
including load, from 7:00 p.m. to 6:00 a.m. is prohibited.
4) Loading
All loading and
unloading of trucks shall be restricted to the site and shall not be permitted
in any setbacks.
5) Spraying
No aerial application
of any pesticides, fungicides, fertilizers, or any other chemical shall be
allowed.
d. Dipping
Vats
Dipping vats shall not
be allowed in the AR Zoning District, unless approved as a Class B Conditional
Use.
e. Pens
and Cages
In the AR and AGR
Zoning Districts, pens, cages, or structures shall meet the district setbacks
for a principal use, or be set back a minimum of 50 feet from any property
line, whichever is greater.
f. Game
and Exotic Animals
The Florida Fish and
Wildlife Conservation Commission (FWC) regulates game farms or game animal care
for private or commercial purposes.
1) Exotic Animals
Care for exotic animals
(imported or non-native animal species) for private or commercial breeding
purposes shall have a minimum lot size of five acres.
2) Dangerous or Class 1 and 2 Animals
Ownership, care, or
keeping of dangerous or Class 1 and 2 animals, as defined by the FG&FWFC,
shall require Class A Conditional Use approval and shall have a minimum lot
size of five acres.
g. Livestock
Raising
The breeding, raising,
and caring for domestic animals including horses.
1) Urban Service Area (USA)
In the Urban Service
Area, livestock raising shall comply with the following standards:
a) Lot Size
A minimum of five acres.
b) Setback
All accessory uses and
structure, such as troughs, feed mechanisms and storage, shall be set back a
minimum of 100 feet.
c) Large Animals
The maximum number of
large animals permitted for each acre shall not exceed five. Large animals
shall include horses, swine, cattle, goats, and sheep. An enclosed structure
with one stall for each large animal is required when the total number of large
animals exceeds three per acre. In addition, the following limitation on the
number of specific large animals per acre shall apply: horses: five; swine:
one; cattle: two; goats: two; sheep: two.
d) Small Animals
The maximum number of
small animals permitted for each acre shall not exceed 100. Small animals shall
include rabbits and fowl, excluding peafowl. Small animals shall be permitted
in addition to large animals.
e) Palm Beach County Animal Control Department
(PBCACD)
The Property Owner
shall notify PBCACD as to the type of livestock and details of animal care to
be provided.
f) Processing and Slaughtering
Processing and
slaughtering shall be prohibited.
g) Loading
All loading and
unloading of trucks shall be restricted to the site and shall not encroach any
setback.
h) Waste
A plan outlining a method
of waste removal shall be submitted to and approved by the PBC Health
Department.
i) Compatibility
The use shall assure
that there is no incompatibility with surrounding land uses. In the event that
an incompatibility exists, the petitioner shall satisfactorily mitigate the
incompatibility prior to receiving Conditional Use or DRO approval.
h. Agritourism
Refer to F.S.
§ 570.85-§ 87 for applicability. [Ord.
2019-034]
i. Accessory
Agricultural Uses
These uses include “U-Pick-Em”
operations; sale of on-site produced products; corrals; pens; training
facilities; dipping vats; processing of raw material; storage sheds; repair,
fabrication, body work and welding of agricultural equipment; freestanding
coolers; bulk storage of petroleum products; shipping containers used for
temporary storage; washing, cutting, and packing of farm products, and canning,
dehydration, and basic preparation of raw food products prior to shipment, and
outdoor storage of equipment.
j. Agriculture
Marketplace
A use that is
accessory, incidental and subordinate, to a Bona Fide Agriculture use in the AGR Tier, conducted to allow for
the sale of agricultural products or enhanced opportunities for visitors, which
generates income for the owner or operator of the Bona Fide Agriculture use, adding economic viability to farming
operations.
1) Approval Process
Class A Conditional
Use.
2) Location Criteria
a) Tier and Zoning District
AGR Tier and Zoning
District only.
b) Location
The Agriculture
Marketplace shall be located adjacent to an Arterial Road designated on the PBC
Functional Classification of Roads Map.
c) Proximity to Residential Uses
The parcel or area
designated on the Final Site Plan for an Agriculture Marketplace shall be
located at least 500 feet measured from the property line, if adjacent to
existing residential uses, or approvals for PUD or TMD Development Areas with residential
uses.
3) Minimum Acreage and Production
May be allowed if the
land area has a minimum of 75 contiguous acres. A Unity of Control shall be
required at the time for the approval of the Class A Conditional Use.
a) Agriculture Preserve Parcels
The minimum acreage
requirements may include parcels under an agricultural conservation easement,
identified as an AGR-PUD Preserve or AGR-TMD Preserve, or other similar
protections, provided that the Agriculture Marketplace is not located on those
parcels.
b) Agriculture Production
A minimum of 70 percent
of the overall land area must meet the requirements for Bona Fide
Agriculture.
4) Use Limitations and Sale of Products
The area designated as
an Agriculture Marketplace shall be limited to the retail sales of agricultural
products such as fruits, vegetables, flowers, containerized house plants and
other agricultural food products such as jelly, jam, honey and juice. This
shall not preclude any structures from being used for the coordination of
activities for permitted collocated uses, or other accessory, educational or
recreational uses permitted on the Bona Fide Agriculture operation. The sale of grocery or
convenience-type foods or products shall not be permitted nor shall vending
machines or other similar equipment be permitted, unless stated otherwise
herein.
a) Floor Area
A maximum of 24,000
square feet of GFA, including outdoor display areas. The floor area shall not
include any FAR transferred from the portions of the site that is dedicated to Bona
Fide Agriculture production or
otherwise encumbered with a conservation easement, Preserve Area or other
similar protection.
b) Outdoor Open Space Area
Areas set aside as
outdoor open space for collocated uses and outdoor permanent activities shall
be limited to a maximum of 12,000 square feet. Permanent shelters, such as
Seminole chickee huts shall be limited to a maximum of 2,000 square feet.
c) Collocated Uses
Additional uses may be
permitted subject to compliance with the Supplemental Use Standards for each
use and the following:
(1) General Retail
Sales
Ten percent or 2,000
square feet, whichever is less, of the GFA of the Agriculture Marketplace may
be devoted to General Retail Sales. There shall be no exterior signage
advertising to the public of the sale of grocery or other retail products. Approval
shall be part of the Class A Conditional Use.
(2) Permanent Green
Market
Subject to DRO
approval. An Open Flea Market may be permitted in conjunction with a Green
Market. The Open Flea Market shall be limited to ten percent of the total
square footage of the Permanent Green Market.
(3) Retail Sales,
Mobile or Temporary and Special Event
Mobile sales shall be permitted subject to approval of a Temporary
Use through the ZAR process. [Ord. 2018-002]
d) Outdoor Permanent Activities
Activities shall be
clearly shown and labeled on the Site Plan and shall function with other uses
on the site. Impacts from these uses, including but not limited to, traffic,
parking, rest rooms, or nuisances, shall be addressed as part of the Class A
Conditional Use approval. The BCC may impose conditions of approval to address
these activities. Additional activities, such as: cooking classes and charity
events, shall be Permitted by Right, subject to the following:
(1) Shall be located within the GFA of the
Agriculture Marketplace or permitted Outdoor Open Space areas;
(2) The maximum number of participants, including
a combination of special activities, shall not exceed 50 attendees; and,
(3) Overflow parking is provided. A minimum of one
parking space shall be provided for each three attendees. This shall require
the posting of adequate on-site directional signage to preclude any
inappropriate parking activity, such as parking in rights of way or on adjacent
properties.
e) Outdoor Display
Shall be limited to
agricultural products only, located along the property’s frontage or other
area, except within required setbacks.
f) Storage
Motor vehicles,
including vans, trucks, semi-trucks, mobile homes, travel trailers, and other
permanent or temporary structures shall not be used for storage or display
purposes.
g) Parking
Off-site parking within
a public or private R-O-W, or to areas accessed by other than an approved
access way, shall be prohibited.
h) Hours of Operation
(1) 8:00 a.m. to 6:00 p.m. Monday through
Saturday; and
(2) 10:00 a.m. to 6:00 p.m. Sunday.
k. Landscape
Curbing
A Bona Fide
Agriculture use may use railroad ties
or landscape lumber as an alternate to the curbing requirement in Art. 7.C.4.E.2 Alternative to Curbing.
l. Barbed
Wire in AGR, AP, and AR Zoning Districts; and AGR-PDD Preserve Parcels
1) Barbed wire may be installed pursuant to Art. 5.B.1.A.2.e, Dangerous Materials.
2) In the AR Zoning District with any Bona
Fide Agriculture use, other than
nurseries, provided it is set back a minimum of 25 feet from any property line.
a. Definition
An accessory
agricultural use for the manufacturing of products related to agricultural
operations, such as fencing, pallets, crates, or containers. Product components
are predominantly assembled from previously prepared materials or finished
parts. Manufacturing includes processing, fabrication, assembly, treatment, and
packaging of such products, and accessory storage and distribution, but
excludes heavy industrial processing or manufacturing.
b. Setbacks
A minimum 100-foot setback shall be required adjacent to a residential zoning
district.
c. Accessory Use
Light Agricultural Manufacturing operations may be allowed as an
accessory use to a related Bona Fide Agriculture
use on the same property provided it does not exceed 25,000 square feet.
d. Landscaping
An Incompatibility Buffer may be omitted if the use is adjacent to Farm
Workers Quarters or a Mobile Home accessory to agriculture.
a. Definition
A facility used for the
packing of produce not necessarily grown on site.
b. Typical
Activities
Activities may also
include canning, dehydration, washing, cutting, or basic preparation of raw
produce prior to shipment.
c. Approval Process – AR/RSA
Zoning District
May be permitted in the AR/RSA Zoning District with an SA FLU, subject
to a Class A Conditional Use approval.
d. Zoning District AGR-PUD
Preserve Area
An Agriculture Packing Plant located in an AGR Preserve Area, including
where permitted as an accessory use as specified above, shall comply with the
following:
1) Located
on a roadway classified as an Arterial Street on figure TE 3.1, Functional
Classification of Roads; and
2) Located
on or adjacent to active agricultural crop production.
e. Setbacks
A minimum of 100 feet along all property lines which are adjacent to a
residential zoning district.
f. Accessory Use
A packing plant in the AP and AGR Zoning Districts, or the Preserve Area
of an AGR-PUD, may be allowed as an accessory use to a related farm use on the
same property, provided it does not exceed 25,000 square feet.
g. Landscaping
An Incompatibility Buffer as required by Art. 7.C.2.C, Incompatibility
Buffer, may be omitted if the use is adjacent to
Farm Workers Quarters or a Mobile Home accessory to a farm use.
h. Storage
Only equipment directly related to the facility shall be stored on the
site. All stored equipment shall be screened from view from adjacent properties
and streets.
a. Definition
Any facility using biomass as its principal source of feed stock
for the production of renewable fuel or fuels and other related renewable
products including but not limited to ethanol or fuel ethanol.
b. Setbacks
The facility shall be
located a minimum of 750 feet away from parcels with a residential zoning or
Future Land Use designation that accommodate an existing residential structure.
c. Review
Procedures and Standards
1) The Applicant shall submit a site plan, for
informational purposes only, to the Zoning Division prior to Building Permit
application. The site plan shall be consistent with the requirements indicated
in the Technical Requirements Manual.
2) The owner or operator shall obtain the
required approval and permits from all applicable Federal, State, and Local
agencies prior to operating the facility.
3) The owner or operator shall perform a daily
visual inspection of all wood material and similar vegetative matter to be used
as feed stock.
4) Any toxic or hazardous waste generated at the
site shall be handled pursuant to Chapter 62-730, F.A.C.
d. Prohibitions
1) The generation of toxic or hazardous waste
effluent into the sanitary system shall be prohibited unless adequate
pretreatment facilities have been constructed and are being utilized. The
pretreatment facilities are subject to approval by DEP and the appropriate
sewage works provider.
2) Feed stock observed to contain prohibited
materials shall not be used.
e. Separation
Distance
Facilities shall be
separated two miles from an existing agricultural-related use.
a. Definition
The use of land or buildings for agriculture research and the
cultivation of new agricultural products.
b. Approval
Process – AR/RSA Zoning District
May be permitted in the
AR/RSA Zoning District with an SA FLU subject to a Class B Conditional Use
approval.
c. Outdoor Activities
Outdoor research,
testing or development of agricultural products shall be limited to industrial zoning
districts only.
d. Landscape
A Bona Fide Agriculture
use may use railroad ties or landscape lumber as an alternate to the curbing
requirement in Art. 7.C.4.E.2, Alternative to Curbing.
a. Definition
An establishment primarily engaged in the sale or rental of farm
tools, small implements and farming equipment such as pickers and mowers; sale
of livestock, feed, grain, tack, riding attire, animal care products, farm
supplies, and the like:
b. Approval
Process – AR/RSA Zoning District
May be permitted in the
AR/RSA Zoning District with an SA FLU, subject to a Class A Conditional Use
approval.
c. Storage
All storage areas for
agricultural sales and service uses shall be enclosed or completely screened
from view. A maximum of five tractor-trailers used for the transport of farm
products may be stored outside if they are completely screened from view from
adjacent properties and streets.
d. Grocery
Sales
Five percent or 1,000
square feet, whichever is less, of the merchandise sales area use may be
devoted to retail grocery sales. Shelves, floor area, counter space and
overhead display areas shall be included in the calculation of the grocery
sales area. There shall be no exterior signage and no external evidence of the
availability of grocery products for sale.
e. Repair
Service
Service of small
implements only shall be permitted in an enclosed area that is completely
screened from view from adjacent properties and set back a minimum of 25 feet
from any side or rear property line. Repair activities shall occur only between
the hours of 7:00 a.m. and 9:00 p.m.
a. Definition
The storage of equipment or products accessory or incidental to
a principal agricultural use.
b. Storage
1) Storage of
hazardous waste or regulated substances shall comply with Local, State, and Federal
regulations.
2) Outdoor
Agriculture Storage shall comply with the following standards:
a) Urban Service
Area
(1) Setbacks
Outdoor Agriculture Storage shall meet the principal use
setbacks of the zoning district in which it is located.
(2) Screening
Outdoor Agriculture Storage shall be screened from view by a
solid fence, wall or building.
b) Outdoor
Agriculture Storage
Outdoor Agriculture Storage is only permitted in the RE, RT, RS,
RM, CN, CC and CG Zoning Districts as a Class B Conditional Use.
(1) Exception
Outdoor Agriculture Storage is not permitted in a PDD with a commercial
FLU designation.
3) Indoor
Agricultural Storage shall be permitted in conjunction with a Bona Fide Agriculture
use with or without a principal structure. Indoor storage shall be contained
within a permanent structure. Agricultural Storage in a mobile home shall not
be permitted. Agricultural Storage in a shipping container shall only be permitted
in conjunction with a Bona Fide Agriculture use.
a) AR Zoning District in Urban Service Area
(USA)
An enclosed structure shall be set back 100 feet from the front
and side street and 50 feet from the side and rear property lines.
b) All Other Zoning Districts in Urban Service
Area (USA)
An enclosed structure shall meet the principal use setbacks of
the zoning district in which it is located.
a. Definition
A facility engaged in the transferring of agricultural products
between two modes of transport, such as from a truck to a railroad car or from
local vehicles to long-haul trucks.
b. Zoning
District – AGR and AP
1) Accessory Use
Agricultural
Transshipment facilities not exceeding 25,000 square feet shall be permitted as
an accessory use.
2) Setback
A minimum 100-foot
setback shall be required along all property lines which are adjacent to an
existing residential use, zoning district, or FLU designation as of the effective
date of this Code excluding Farm Workers Quarters and Mobile Homes accessory to
agriculture.
a. Definition
The raising and care of birds in captivity.
b. Lot
Size
The minimum lot size shall be as follows:
1) Two acres: 40-200 birds.
2) Five acres: 201 or more birds.
c. Hobby
Breeder
1) AR/USA
The raising of birds as
a hobby in the AR/USA shall be permitted subject to the following:
a) The hobby breeder shall not engage in the
sale of more than 24 birds to the public during any consecutive 12-month period;
b) The hobby breeder shall not provide care for
more than 40 birds on a parcel of land at any time;
c) The minimum lot size of two acres;
d) Shelters, cages, and accessory structure
shall be set back a minimum of 50 feet from all property lines;
e) Outdoor shelters and cages shall be contained
to specific areas on the site and screened from view on all sides by a minimum
six-foot-high opaque fence or wall. The fence or wall shall be located within
20 feet of the containment area;
f) The hobby breeder shall locate birds which
excessively screech, chirp, crow, or make loud noises away from residential
properties to the maximum extent possible. Birds considered a nuisance by the
Sheriff’s Office shall be removed from the site; and,
g) Care, licensing, registration, and
inspections shall be as required by the Animal Care and Control Ordinance and other applicable statutes.
a. Definition
A plot of land used primarily as a vegetable garden which is
cultivated and harvested by a group of residents from the surrounding area.
b. Setbacks
Accessory activities
shall maintain a setback of five feet from all property lines adjacent to
residential zoning districts. [Ord.
2019-005]
1) Accessory
structures shall be limited to 400 square feet.
2) Accessory
structures shall meet the setbacks of the zoning district in which the parcel
is located. [Ord. 2019-005]
d. Parking
Overnight parking shall
be prohibited.
e. Loading
All loading and
unloading activities shall be restricted to the site and shall not encroach
into any setbacks.
f. Landscaping
Shall be exempt from Art. 7, Landscaping, when
located in the WCRAO or CCRT areas. [Ord.
2019-005]
g. Storage
Outdoor storage shall
be prohibited. Storage of all accessory equipment or products shall be
contained within an accessory structure.
h. Spraying
Aerial application of fertilizer
or pesticides shall be prohibited.
a. Definition
An establishment
engaged in commercial spectator activities involving equestrian events, but
excluding any establishment engaged in gaming, pari-mutual wagering, off-track
betting, events or activities held or broadcast for similar purposes.
b. Tier
1) Urban/Suburban
(U/S)
a) Lot Size
The minimum lot size shall be five acres.
b) Frontage
The project in which an equestrian arena is located shall front
on and access from Collector or Arterial Street.
c) Hours of
Operation
Outdoor activity shall be limited from hours of 6:00 a.m. to
10:00 p.m. daily.
d) Loudspeakers
Loudspeakers and public address systems shall not be used before
8:00 a.m. or after 8:00 p.m.
2) Rural, Exurban,
Agricultural Reserve (AGR) and Glades
a) Location
The project in which an equestrian arena is located shall have
frontage on a paved street.
b) Operating Hours
Outdoor activity shall be limited to the hours of 5:00 a.m. and
10:00 p.m. daily.
c) Loudspeakers
Loudspeakers and public address systems shall not be used before
8:00 a.m. or after 8:00 p.m.
c. Setbacks
Riding, spectator
viewing areas, and show rings shall not be located within 100 feet of any
property line.
d. Compatibility
Design of the site
shall assure no incompatibility with surrounding land uses. When an
incompatibility exists, the petitioner shall satisfactorily mitigate the
incompatibility prior to receiving Conditional Use or DRO approval.
a. Definition
An establishment for the wholesale sale of farm produce.
b. Approval
Process – AR/RSA Zoning District
May be permitted in the
AR/RSA district with an SA FLU, subject to a Class A Conditional Use approval.
c. Frontage
Shall be located on an
Arterial Street.
d. Setback
A Farmers Market shall
be set back a minimum of 100 feet from property lines adjacent to a residential
use existing as of the effective date of this Code, excluding Farm Workers
Quarters and Mobile Homes accessory to agriculture.
e. Accessory
Use
A Produce Stand shall
be permitted as an accessory use to a Farmers Market.
a. Definition
The retail sale of horticultural specialties such as flowers,
shrubs, sod, trees, mulch and accessory hardscape materials such as decorative
stones intended for ornamental or landscaping purposes.
b. Frontage
Shall front on and
access from a Collector or Arterial Street.
c. Lot
Size
A minimum of one acre
is required in a residential zoning district.
d. Setbacks
All structures and
outdoor storage areas shall be set back a minimum of 50 feet from the property
line. Shade Houses shall be subject to the requirements pursuant to Art. 4.B.6.C.17, Shade House.
e. Loading
All loading and
unloading of trucks shall occur on the site.
f. Accessory
Uses
An office is permitted
as an accessory use, provided it is not a mobile home.
g. Landscaping
A buffer, pursuant to Art. 7, Landscaping,
shall be provided along all property lines except when the growing area is
located adjacent to the property line of the site, as follows: [Ord. 2019-039]
1) R-O-W and Incompatibility Buffer
May be modified when the growing area is 50 feet or more in
width, subject to the provision of Art.
4.B.6.13.g.3), Alternative Buffer. [Ord. 2019-039]
2) Compatibility Buffer
Is exempt where the growing area is adjacent to a parcel of land
that has an existing agriculture use pursuant to Art. 4.B.6,
Agricultural Uses. [Ord. 2019-039]
3) Alternative Buffer
a) A six-foot-high
landscape barrier shall be installed within a buffer with a minimum width of
ten feet; [Ord. 2019-039]
b) The landscape barrier
shall be satisfied by plant material for sale provided that the plant material
is grown in the ground, and spaced at least five feet on center. Plants in
container may be used in lieu pf the in-ground planting. Any removed plants
shall be replaced, and shall be maintained to ensure there is a continuous
visual screen being provided at all times [Ord. 2019-039]
4) Barbed Wire
The use of barbed wire shall be prohibited.
h. Storage
Mulch, rock, soil, or
similar material shall comply with the outdoor storage standards in Art. 5.B, Accessory Uses and Structures. In residential zoning districts, outdoor
bulk storage shall be set back a minimum of 50 feet or the zoning district
setback, whichever is greater.
i. Site
Plan
Relocation of
structures on a ZC or BCC approved site plan due to SFWMD or ERM requirements
may exceed DRO threshold limitations.
j. Hours
of Operation
Operation of commercial
vehicles over one ton rated capacity or gross vehicle weight of 10,000 pounds,
including load, from 5:00 p.m. to 8:00 a.m. is prohibited.
k. Compatibility
The use shall assure that there is no incompatibility with
surrounding land uses. When an incompatibility exists, the Property Owner shall
satisfactorily mitigate the incompatibility prior to receiving Conditional Use
or DRO approval.
l. Spraying
No aerial application
of any pesticides, fungicides, fertilizers or any other chemical shall be
allowed.
a. Definition
The wholesale of horticultural specialties such as flowers,
shrubs, sod, and trees, mulch and accessory hardscape materials such as
decorative stones intended for ornamental or landscaping purposes.
b. Approval Process
|
Table 4.B.6.C – Residential Districts in the USA
|
|
ZAR (1)
|
≤ 5 ac.
|
|
DRO
|
> 5 ac. < 20 ac.
|
|
Class B Conditional
Use
|
≥ 20 ac.
|
|
[Ord. 2018-002]
|
|
Notes:
|
|
1.
|
If no approved Final Site or Subdivision Plan,
the application shall be subject to the Full DRO process.
|
|
|
|
|
Table 4.B.6.C – AR District in RSA
|
|
Permitted
|
≤ 10 ac.
|
|
ZAR (1)
|
> 10 ac. < 40 ac.
|
|
DRO
|
≥ 40 ac.
|
|
[Ord. 2018-002]
|
|
Notes:
|
|
1.
|
If no approved Final Site or Subdivision Plan,
the application shall be subject to the Full DRO process.
|
|
|
|
1) All Other Districts
Permitted.
c. Tier
In addition to the
above standards, a Wholesale Nursery in the U/S Tier shall comply with the
following standards:
1) Lot Size
A minimum of one acre.
2) Setbacks
All structures and
outdoor storage areas shall be set back a minimum of 50 feet from the property
line. Shade Houses shall be subject to the requirements pursuant to Art. 4.B.6.C.17, Shade House.
3) Compatibility
The use shall assure
that there is no incompatibility with surrounding land uses. When an
incompatibility exists, the Property Owner shall satisfactorily mitigate the
incompatibility prior to receiving a DO. [Ord.
2018-002]
4) Spraying
No aerial application
of any pesticides, fungicides, fertilizers, or any other chemical shall be
allowed.
d. Zoning
District – AR
May be operated in
conjunction with a residence.
e. Accessory
Use
1) A Retail Nursery
may be permitted as an accessory use to a Wholesale Nursery in the AGR Tier.
2) An office is
permitted as an accessory use, provided it is not a mobile home.
f. Parking
and Loading
All parking and loading
shall occur on site.
g. Landscaping
A buffer, pursuant to Art. 7, Landscaping,
shall be provided along all property lines except when the growing area is
located adjacent to the property line of the site, as follows: [Ord. 2019-039]
1) R-O-W and Incompatibility Buffer
May be modified when
the growing area is 50 feet or more in width, subject to the provision of Art. 4.B.6.14.g.3), Alternative Buffer. [Ord.
2019-039]
2) Compatibility Buffer
Is exempt where the
growing area is adjacent to a parcel of land that has an existing agriculture
use pursuant to Art. 4.B.6, Agricultural Uses. [Ord.
2019-039]
3) Alternative Buffer
a) A six-foot-high
landscape barrier shall be installed within a buffer with a minimum width of
ten feet. [Ord. 2019-039]
b) The landscape barrier
shall be satisfied by plant material for sale provided that the plant material
is grown in the ground, and spaced at least five feet on center. Plants in
container may be used in lieu of the in-ground planting. Any removed plants
shall be replaced, and shall be maintained to ensure there is a continuous
visual screen being provided at all times. [Ord. 2019-039]
4) Barbed Wire
The use of barbed wire
shall be prohibited.
h. Storage
Outdoor bulk storage of
mulch, rock, soil or similar material shall comply with the outdoor storage
standards contained in Art. 5.B, Accessory Uses and Structures. Outdoor bulk storage in residential zoning
districts shall be set back a minimum of 50 feet or the district setback,
whichever is greater.
i. Hours
of Operation
Operation of commercial
vehicles over one ton rated capacity or gross vehicle weight of 10,000 pounds,
including load, from 7:00 p.m. to 6:00 a.m. is prohibited.
j Limitations
of Sales
Sales from a Wholesale Nursery
are limited to exporters, distributors, landscape contractors, retailers, or
other businesses.
k. Site
Plan
Relocation of
structures on a ZC or BCC approved site plan due to SFWMD or ERM requirements
may exceed the DRO limitations contained in Art. 2.G.4.G, Development Review Officer
(DRO).
a. Definition
An establishment engaged in producing potting soil, including
the use of incineration.
b. Approval
Process – AR/RSA
May be permitted in the
AR/RSA district with an SA FLU, subject to a Class A Conditional Use approval.
c. Location
The facility shall
front on and access from a Collector or Arterial Street.
d. Setbacks
A minimum of 50 feet
from any property line abutting a residential zoning district or use.
e. Collocated
Uses
If a Potting Soil
Manufacturing facility includes chipping, mulching, grinding, or air curtain
incinerator, adherence to the Supplementary Use Standards applicable to such
uses shall also be required.
f. Storage
Storage of unprocessed
material shall be limited to 45 days and pile height of storage material shall
be limited to 15 feet. Outdoor storage piles shall be set back a minimum of 25
feet from any property line or 50 feet from any property line abutting a
residential zoning district or use. Storage areas shall be screened from view,
pursuant to Art. 5.B, Accessory Uses and Structures.
g. Supplemental
Application Requirements
1) Site Plan
The Site Plan shall
illustrate how the operation functions including circulation routes, square
footage, height; and location of buildings, equipment, and storage piles.
2) Dust Control
A plan to address dust
control in traffic, storage and processing areas. Dust control measures may
include: additional setbacks, full or partial enclosure of chipper or grinder
and watering or enclosing mulch piles.
a. Definition
An establishment engaged in the retail sale of fruits,
vegetables, flowers, containerized house plants and other agricultural food
products. The sale of grocery or convenience-type foods or products shall not
be permitted, unless stated otherwise herein.
b. Permanent
1) Maximum Floor Area
The square footage of
the establishment shall include both the structure and all accessory areas
devoted to display or storage.
2) Outdoor Display and Storage
Outdoor storage shall
be subject to the provisions in Art. 5.B, Accessory Uses and Structures. Outdoor display of only fresh fruits and
vegetables is permitted, along the property's frontage, except within the
required setbacks.
3) Sale of Products
a) General
Includes sales of
agricultural food products such as jelly, jam, honey, and juice. No ZAR process
shall be permitted in conjunction with the stand except for seasonal sales. Seasonal
sales that require additional storage area may be permitted in accordance with Art. 4.B.11.C.10, Temporary Retail Sales. No vending machines or other similar
equipment shall be permitted on site. [Ord. 2018-002] [Ord. 2019-005]
b) Urban/Suburban Tier
The sale of packaged or
canned food products may be permitted, where in compliance with the following:
(1) The parcel has commercial Future Land Use
designation; and
(2) Sales area is limited to five percent of the
total square footage of the structure, or 1,000 square feet, whichever is less.
4) Building Construction
The Produce Stand shall
be contained in either an entirely enclosed or roofed open-air structure. Motor
vehicles, including vans, trucks, semi-trucks, mobile homes, travel trailers,
and other permanent or temporary structures shall not be used for storage or
display purposes.
5) AR/RSA and AGR Tiers
In addition to the
standards above, permanent produce stands shall comply with the following:
a) Locational Criteria
The structure and
accessory area shall be:
(1) Located on an Arterial designated on the PBC
Thoroughfare Plan; and
(2) Located at least 500 feet from adjacent
existing residential uses.
b) Lot Size
The stand shall be
located on a legal lot of record. A minimum of one acre shall be allocated to
the exclusive use of the stand and accessory parking area.
c) Setbacks
The structure and
accessory area shall be set back at least 50 feet from the front and side
corner property lines. The rear and side interior setbacks shall meet the
minimum standards of the zoning district.
d) Approval
A permanent Produce Stand
shall be a permitted use in the AGR and AR, and by a DRO approval through
the ZAR Process in the CN, CC, and CG districts.
[Ord. 2018-002]
(1) AR and AGR
Zoning Districts
The area devoted to the
permanent Produce Stand exceeding 3,000 square feet shall be approved subject
to a Class A Conditional Use.
6) Stands Less than 1,500 Square Feet
In addition to the
standards stated above, stands less than 1,500 square feet (including both the
structure and all accessory areas devoted to display or storage) shall be
subject to the following development standards:
a) Paving
The surface parking lot
may be constructed of shell rock or other similar material. At a minimum, the
following areas shall be paved in accordance with Art. 6, Parking, Loading, and Circulation, of this Code:
(1) A paved driveway apron area, connecting the
streets to the site shall be subject to approval by the County Engineer; and
(2) Handicap parking spaces and handicap access.
7) Wholesale
Wholesale of produce
shall be allowed in the AGR Zoning District only.
c. Temporary
Stands
A temporary stand used
for the retail sale of agricultural products not necessarily grown on the site.
A temporary Produce Stand shall consist exclusively of fresh unprocessed fruit,
vegetables, flowers, and containerized interior houseplants.
1) Use Limitations
a) Location Criteria
The stand and accessory
area shall be located:
(1) on an Arterial Street designated on the PBC
Thoroughfare Plan;
(2) a minimum of 100 feet from an Intersection of
an Arterial and any other dedicated R-O-W;
(3) at least 600 feet from any other agricultural
stand permitted in accordance with these provisions; if located in a zoning
district other than a commercial district;
(4) at least 500 feet from adjacent residential uses;
and,
(5) located on a legal lot of record no less than
one acre in size.
b) Number
Only one stand shall be
permitted on a lot of record.
c) Approval
Subject to approval of
a Temporary Use through the ZAR Process. [Ord. 2018-002]
d) Setbacks
The stand shall be set back
a minimum of 35 feet from the front property line and 50 feet from all other
property lines.
e) Size and Configuration
The stand shall not
exceed 300 square feet. The accessory area shall be limited to display, storage
and cashier purposes and shall be covered by a removable cantilevered canopy or
umbrellas. No outdoor display or storage shall occur outside of the stand,
umbrella, or canopy area.
2) Uses
No on-site food
preparation or processing shall be permitted. No vending machines shall be
permitted on site. No additional Temporary Uses shall be approved in
conjunction with the stand except for seasonal sales. [Ord. 2018-002]
3) Parking
A minimum of two spaces
and additional spaces subject to approval by the Zoning Director.
4) Special Regulations
a) Mobility
The stand shall retain
its mobility, and have a frame of sufficient strength to withstand being
transported by wheels, skids, or hoist.
b) Building Materials
The stand shall be
constructed of durable materials such as but not limited to metal, fiberglass,
wood, etc. The structure used for a stand shall be constructed for the sole
purpose of selling agricultural products. Semi-truck trailers, Mobile Homes,
and other permanent or temporary structures shall not be used as a stand. Motor
vehicles, including vans and small trucks may be permitted provided the vehicle
is removed from site at the end of each business day. These vehicles shall not
be used for permanent or temporary residential purposes.
c) Refrigeration
Refrigeration shall be
contained within the confines of the stand. If a motor vehicle is used for the
stand, portable refrigeration may be used if contained as part of a motor
vehicle and removed from the site daily.
d) Signage
Signs shall be limited
to two, with a combined maximum sign face area of 32 square feet per side. Signs
shall be set back a minimum of five feet from the base building line and have a
minimum separation of 100 feet. Banners, pennants, balloons, or flags shall be
prohibited.
e) Existing Stands
All stands with a valid
permit in effect on July 11, 1995, and which have been operating continually
with a valid Business Tax Receipt since issuance of the valid permit, shall be
considered conforming uses. These operations may continue in the configuration
as existed on July 11, 1995 in accordance with the laws and Ordinances of PBC,
Florida, and as provided herein:
(1) the enclosed portion of the stand shall not
exceed 300 square feet unless provided for below;
(2) display of products immediately adjacent to
the stand, whether or not displayed under an umbrella or canopy, may continue
in the same configuration as existed on July 11, 1995;
(3) the stand shall not sell any products unless
permitted in accordance with the uses permitted to be sold in an agricultural
stand as set forth in this Subsection, as amended;
(4) portable refrigeration may be permitted if
confined within the 300-square foot stand and all required electrical permits
have been obtained;
(5) the use of vending machines shall not
continue; and,
(6) expansion of existing stands shall not be
permitted. Any future expansion of an existing stand shall comply with the
regulations of this Section. If an existing stand is expanded, repaired, or
altered, the affected area shall comply with the regulations herein.
a. Definition
A temporary screen enclosure used to protect plants from
insects, heat, and exposure to the sun.
b. Permits
A Shade House used for Bona
Fide Agriculture purposes less than 12
feet in height shall not be required to obtain a Building Permit.
|
Table 4.B.6.C
– Minimum Setbacks 12 Feet or Less In Height
|
|
Front and Street
|
15’
|
|
Side and Rear
|
7.5’
|
|
Table 4.B.6.C
– Minimum Setbacks over 12 Feet in Height
|
|
Front and Street
|
25’
|
|
Side and Rear
|
15’
|
c. Commercial
Greenhouse
Commercial greenhouses
having roofs and walls made of rolled plastic or other similar materials, used
for the indoor cultivation of plants, including hydroponic farming using water
containing dissolved inorganic nutrients, may be permitted in the AGR Zoning
Districts, subject to the following:
1) DRO Approval
Commercial greenhouses
that exceed the FAR limitations of FLUE Table 2.2-e.1 of the Plan, or with five
or more acres of building coverage must be approved by the DRO. [Ord. 2021-023]
2) Property Development Regulations
Setbacks for
greenhouses in excess of 25 feet in height must be in accordance with Table 3.D.1.A, Property Development
Regulations. Setbacks for
greenhouses less than 25 feet in height may be reduced by 50 percent. FAR and building
coverage may be increased up to a maximum of 0.75 to accommodate commercial
greenhouses.
3) Landscaping and Buffering
Commercial greenhouses
are exempt from the interior and foundation planting requirements of Art. 7.C.3, Interior Landscaping. A Type 3 Incompatibility Buffer shall be required along property lines
where greenhouses are adjacent to or visible from a public R-O-W or parcels
with a civic, conservation, commercial, recreational, or residential FLU
designation or use. Buffers shall be a minimum of 25 feet in width for
greenhouses up to 25 feet in height, and 50 feet for greenhouses greater than
25 feet in height.
a) Exceptions
(1) Visual Screening
Landscape buffer and
planting requirements may be waived in areas where it can be demonstrated that
greenhouse structures are not visible from the subject property lines or use
areas.
(2) Alternative
Planting
Planting requirements
may be satisfied by the use of existing native vegetation or the placement of
other related plant material, provided that the growing area is at least 25
feet wide and meets the buffering requirements for a Type 3 Incompatibility Buffer.
4) Parking
All parking and loading
shall occur in the designated areas indicated on the Site Plan.
a) Parking
If vans, buses, or
commercial loading vehicles are used for employee transportation, required
parking shall be configured to accommodate these vehicles.
b) Loading
Loading zones shall not
be oriented towards residential uses, and shall be set back from property lines
a minimum of 250 feet, unless approved as a Type 1 Waiver.
5) Storage
Only equipment directly
related to the facility may be stored on site. All stored equipment must be
screened from view from adjacent properties and streets.
6) Interior Lighting
Greenhouses shall not
be illuminated between 9:00 p.m. and 6:00 a.m. if light is visible from outside
of the structure from any adjacent R-O-W, or properties with a residential FLU
designation or use.
7) Accessory Office
An office is permitted
as an accessory use, subject to the following and all other applicable
requirements:
a) Less than five acres of commercial
greenhouse: 1,000 square feet.
b) Greater than five acres of commercial
greenhouse: 2,000 square feet.
c) Bathroom facilities shall not be included in
the calculation of office square footage.
8) Signage
Signage for commercial
greenhouses shall be limited to one freestanding sign located at the project’s
primary entrance.
a. Definition
An establishment for boarding, breeding, training, or raising of
horses not necessarily owned by the owners or operators of the establishment;
rental of horses for riding; or, other equestrian activities, excluding uses
classified as an Equestrian Arena.
b. Use
Limitations
A Commercial Stable
shall be limited to raising, breeding, training, boarding, and grooming of
horses, or rental (livery) of horses for riding and instruction.
c. Overlay
– LOSTO
A Commercial Stable
with 20 or fewer stalls shall be subject to a DRO approval through the
ZAR process. [Ord. 2018-002]
d. Frontage
The minimum required
frontage on a public street to be used from the primary point of access shall
be 100 feet, or the minimum standard of the Tier in which the Stable is
located, whichever is greater.
e. Lot
Size
A minimum of five acres.
f. Setbacks
A minimum of 25 feet
from any property line, or the minimum setback of the zoning district,
whichever is greater.
g. Collocated Uses
A Commercial Stable
may be operated in conjunction with a residence and shall comply with the
PBCACC.
a. Definition
The breeding, boarding, training, or raising care of horses
owned by the occupants or owners of the premises. A Private Stable shall comply
with the PBCACC.
b. Setbacks
1) Accessory Structure
A Private Stable with 12
stalls or fewer located on a parcel with a Single Family residence shall be
considered an accessory structure and shall meet the setback requirements for
an accessory structure, or 25 feet, whichever is greater.
2) Principal Structure
A Private Stable with
more than 12 stalls located on a parcel with a Single Family residence, or a
vacant parcel, shall be considered a principal structure and shall meet the
applicable setback requirements for a principal structure.
c. Boarding
On sites of at least
two acres, boarding for up to four horses not owned by the owner or occupant of
the premises shall be permitted.
a. Definition
An establishment for the extraction and refining of sugar from
agricultural products.
b. Setback
Shall be set back 300
feet from off-site residentially occupied or zoned property. In the AR Zoning
District, a Sugar Mill or Refinery shall be permitted on land in an RR FLU
designation as a Class A Conditional Use.