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 preempted by State law.
b. Groves and Row Crops
The cultivation of
fruits and vegetables as groves and row crops shall be subject to the following
additional standards in all zoning districts: [Ord. 2023-009]
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.
c. Dipping Vats
Dipping vats shall not
be allowed in the AR Zoning District, unless approved as a Class B Conditional
Use.
d. 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.
e. 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 FWC, shall
require Class A Conditional Use approval and shall have a minimum lot size of
five acres. [Ord. 2023-009]
f. Livestock Raising
The breeding, raising,
and caring for horses, poultry, and livestock. [Ord. 2023-009]
1) Residential
Zoning Districts
a) Lot Size
A minimum of one acre. [Ord.
2023-009]
g. Agritourism
Refer to F.S.
§ 570.85-§ 87 for applicability. [Ord.
2019-034]
h. 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; canning,
dehydration, and basic preparation of raw food products prior to shipment; and,
outdoor storage of equipment.
i. 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) Agricultural Reserve
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) Agricultural
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 sale 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 are 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, restrooms, 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.
j. 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.
k. 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 Agricultural 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 Map 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
Agricultural Storage
Outdoor Agricultural Storage is only permitted in the RE, RT,
RS, RM, CN, CC, and CG Zoning Districts as a Class B Conditional Use. [Ord.
2023-009]
(a) Exception
Outdoor Agricultural 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. [Ord. 2023-009]
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 to 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) A minimum lot size of two acres;
d) Shelters, cages, and accessory structures
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. [Ord.
2023-009]
b. Frontage
The project in which an Equestrian Arena is located shall have
frontage on a paved street. [Ord. 2023-009]
c. Hours of Operation
Outdoor activity shall be limited to the hours of 5:00 a.m. and
10:00 p.m. daily. [Ord. 2023-009]
d. Loudspeakers
Loudspeakers and public address systems shall not be used before
8:00 a.m. or after 8:00 p.m.
e. Setbacks
Riding, spectator
viewing areas, and show rings shall not be located within 100 feet of any
property line.
f. 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 this Section. [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
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 Zoning Districts (Except
AR)
|
ZAR (1)
|
≤ 5 ac.
|
DRO
|
> 5 ac. < 20 ac.
|
Class B Conditional
Use
|
≥ 20 ac.
|
[Ord. 2018-002] [Ord. 2023-009]
|
Notes:
|
1.
|
If no approved Final Site or Subdivision Plan on
record, the application shall be subject to the Full DRO process. [Ord. 2023-009]
|
|
|
|
Table 4.B.6.C – AR Zoning District
|
Permitted
|
≤ 10 ac.
|
ZAR (1)
|
> 10 ac. < 40 ac.
|
DRO
|
≥ 40 ac.
|
[Ord. 2018-002] [Ord. 2023-009]
|
Notes:
|
1.
|
If no approved Final Site or Subdivision Plan on
record, the application shall be subject to the Full DRO process. [Ord. 2023-009]
|
|
|
|
c. AR Zoning District
May be operated in
conjunction with a residence. [Ord.
2023-009]
d. 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.
e. Parking and Loading
All parking and loading
shall occur on site.
f. 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 this Section. [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.
g. 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.
h. 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.
i. Limitations of Sales
Sales from a Wholesale Nursery
are limited to exporters, distributors, landscape contractors, retailers, or
other businesses.
j. 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; and the 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] [Ord.
2023-009]
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 and AGR
Zoning Districts
In addition to the
standards above, permanent Produce Stands shall comply with the following: [Ord. 2023-009]
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 Zoning
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 house plants.
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.
Reserved for future use.
a. Definition
An establishment using equipment designed to cut tree limbs,
yard trash, or brush into small pieces for use as mulch.
b. Approval Process
1) A Chipping and
Mulching use accessory to a Bona Fide Agriculture use in the AP Zoning District
may be Permitted by Right.
2) Chipping and
Mulching may be allowed in the AR Zoning District in the RSA with an SA FLU
designation, subject to Class A Conditional Use approval.
c. Access
Access shall be limited to Arterial, Collector, or Local
Commercial Streets which do not serve residential lots. Entrances shall be
gated and set back from the road as required by the County Engineer to prevent
access during non-operating hours from unauthorized persons.
d. Lot Size
A minimum of five acres.
e. Separation Distance
The use shall be
located a minimum of 500 feet from a parcel of land with a residential FLU
designation or uses.
f. Collocated Uses to Recycling
Plant
Chipping and Mulching
may be approved by the DRO subject to the Supplementary Use Standards for
Chipping and Mulching.
g. Outdoor Storage
1) Outdoor storage
shall be set back a minimum of 25 feet from any property line or 50 feet from
any property line abutting a parcel with a residential FLU designation or use.
2) Bollards or
other acceptable barricade to the Zoning Division shall be provided to
delineate pile locations.
3) The pile height
of storage materials shall be limited to 15 feet or less if required by Chapter 62-709,
F.A.C., as amended. Bollards shall be maintained to indicate maximum
permitted height, and tied to a finished grade benchmark delineated on site.
4) Outdoor storage
of material shall be limited to 45 days.
h. Hours of Operation
The hours of operation
shall be limited to 9:00 a.m. to 5:00 p.m. Monday through Friday if within
1,000 feet of a residential zoning district.
i. Operation Functions
The Zoning application shall include but not limited to a justification
and supporting documentation demonstrating acceptable industry design,
configuration, and operational standards, based on the type of materials
processed and stored, including but not limited to the following:
1) Site Plan
The Site Plan shall illustrate how the operation functions including
circulation routes; and the location and size of loading and processing areas,
and storage piles.
2) Waste Volume
An explanation of the
quantity of waste to be received, expressed in cubic yards per day or tons per
day.
3) Dust Control
A plan to address how
dust generated from traffic,
storage, and processing areas will be managed pursuant to Art. 5.E.4.D.3, Dust
and Particulate.
4) SWA Permit
Prior to operation of the facility, the owner or operator shall
obtain a SWA Permit.
a. Definition
A facility designed and used for transforming yard waste, clean
wood, and other organic material into soil or fertilizer through biological
decomposition.
b. Approval Process
1) A Composting Facility accessory to a
Bona Fide Agriculture use in the AP Zoning District may be Permitted by Right.
2) A Composting
Facility may be allowed in the AR Zoning District in the RSA with an SA FLU
designation, subject to Class A Conditional Use approval.
c. Access
Access shall be limited to Arterial, Collector, or Local
Commercial Streets which do not serve residential lots. Entrances shall be
gated and set back from the road as required by the County Engineer to prevent
access during non-operating hours from unauthorized persons.
d. Lot Size
A minimum of five acres.
e. Separation Distance
The use shall be
located a minimum of 500 feet from a parcel of land with a residential FLU
designation or uses.
f. Outdoor Storage
1) Outdoor storage
shall be set back a minimum of 25 feet from any property line or 50 feet from
any property line abutting a parcel with a residential FLU designation, zoning
district, or use.
2) Outdoor storage
of material shall be limited to 45 days.
3) The pile height
of storage materials shall be limited to 15 feet or less if required by Chapter
62-709, F.A.C., as amended.
4) The height of
materials shall be tied to a finished grade benchmark delineated on site.
5) Bollards or
other acceptable barricade to the Zoning Division shall be provided to
delineate pile locations.
g. Hours of Operation
The hours of operation
shall be limited to 9:00 a.m. to 5:00 p.m. Monday through Friday if within
1,000 feet of a residential FLU designation or use.
h. Operation Functions
The Zoning or Building application, whichever is submitted
first, shall include a Justification Statement and supporting documentation
demonstrating acceptable industry design, configuration, and operational
standards, based on the type of materials processed and stored, including but
not limited to the following:
1) Site Plan
The Site Plan shall illustrate how the operation functions
including circulation routes; and the location and size of loading and
processing areas, and storage piles.
2) Waste Volume
An explanation of the
quantity of waste to be received, expressed in cubic yards per day or tons per
day.
3) Dust Control
A plan to address how
dust generated from traffic,
storage, and processing areas will be managed pursuant to Art. 5.E.4.D.3, Dust
and Particulate.
4) SWA Permit
Prior to operation of the facility, the owner or operator shall
obtain a SWA Permit.
i. Backyard Composting
This use does not include backyard composting bins serving
individual families.
j. Glades and AGR Tiers
The composting, storage, or disposal of equestrian and other
animal waste, and biosolids shall be prohibited in the Glades and AGR Tiers.
This provision does not prohibit accessory uses to Bona Fide Agriculture or
Composting Facilities with County approval in the AGR Tier as of the effective
date of this Ordinance. [Ord. 2018-018]
a. Definition
Defined in accordance with F.S.
§ 163.3208, as an electric substation which takes electricity from the
transmission grid and converts it to a lower voltage so it can be distributed
to customers in the local area on the local distribution grid through one or
more distribution lines less than 69 kilovolts in size.
b. Landscaping
The use shall comply with the following additional requirements
unless Variance relief is obtained from landscaping regulations:
1) Landscape
Buffering – General
Pursuant to F.S.
§ 163.3208, as may be amended from time to time, required perimeter buffers
or landscape material located under overhead lines to the substation equipment
shall not exceed a mature height of 14 feet.
2) Landscape
Buffering in Residential Areas
Pursuant to F.S.
§ 163.3208, as may be amended from time to time, where located in or
adjacent to a parcel of land with a residential FLU designation or use,
landscape buffering shall be upgraded as follows:
a) An eight-foot-high
wall or fence and native vegetation shall be installed around the substation
where equipment or structures are set back less than 50 feet from the property
line.
b) An open green
space shall be maintained between required security fencing, equipment, or
structures, by installing native landscaping, including trees and shrub
material, around the substation where equipment or structures are set back
between 50 and 100 feet from the property line.
c. Standard Residential Zoning
Districts
Electric Distribution Substations shall not be collocated with
Neighborhood Recreation Facilities.
a. Definition
An electric generating facility that uses any process or fuel,
and includes any associated facility that directly supports the operation of
the electrical power facility.
b. Setbacks and Separation
1) An Electric Power Plant, for electrical
generation only, shall not be located within 1,000 feet of a parcel with a residential
FLU designation or use.
2) Principal uses and structures (excluding
electric poles) shall be set back a minimum of 500 feet from all property lines.
3) Accessory uses and structures (excluding
electric poles) shall be set back a minimum of 50 feet from all property lines.
c. Ash Disposal and Wood Recycling Facilities
– AP Zoning District
Ash disposal and wood recycling facilities shall be permitted on
sites in the AP Zoning District as an accessory use to biomass Electric Power
Plants. The primary use for the site shall be consistent with the underlying
zoning designation.
1) Ash disposal
facilities shall not exceed 220 feet in height measured from the existing grade
at the base of the facility.
2) Ash disposal
facilities shall be used only for the disposal of ash produced on site by the
biomass Electric Power Plant.
3) Ash disposal
facilities shall not be constructed until the plans for its construction and
operation have been reviewed and approved by all applicable governmental
agencies.
4) Ash disposal
facilities shall be constructed as a Class I landfill in compliance with the
applicable standards adopted by the Florida Department of Environmental
Protection and set forth in F.S.
§ 403.707 and Chapter
62-701, F.A.C., for Class I landfills.
d. Screening and Perimeter Buffers
A Type 3 Incompatibility
Buffer shall be required when the subject site is adjacent to or visible from
any street or parcels with a conservation (when open to the public), commercial,
or residential FLU designation or use. Palms may not be substituted for
required Canopy trees.
e. Collocated Use – Electric
Transmission Substation Facility
An Electric
Transmission Substation
collocated with a new request or DOA for an Electric Power Plant may be
reviewed and approved as one application, and shall comply with the
requirements of Art. 4.B.7.C.5, Electric Transmission Substation.
a. Definition
A facility associated with the transfer of bulk electrical
energy from Electric Power Plants to Electric Distribution Substations,
including transmission voltage facilities or switching substations.
b. Setbacks
Notwithstanding the
requirements of Table 3.D.1.A, Property Development
Regulations, setbacks for
Electric Transmission Substations,
excluding transmission and distribution lines and electric poles, shall be as
follows:
1) Buildings used
for Electric Transmission Substations shall be set back a minimum of 50
feet from all property lines.
2) Setbacks for
mechanical equipment, related structures, and fencing shall be a minimum of 75
feet, or a minimum of 150 feet when adjacent to or visible from a street or
parcels with a conservation (when open to the public), commercial, or residential
FLU designation or use. Setbacks
may be reduced to 100 feet, if the Incompatibility Buffer is increased to 50
feet in width and the number of required trees are doubled. Setbacks may also
be reduced to 75 feet when adjacent to commercial properties, or when separated
from adjacent properties by a R-O-W 100 feet in width or greater, if the Applicant
can demonstrate that structures will not be visible from residential or public-use
areas.
3) One additional
foot of setback shall be provided in addition to the minimum setback for each
one foot in height, or fraction thereof, over 35 feet.
c. Landscaping
A Type 3 Incompatibility
Buffer shall be required when the subject site is adjacent to or visible from
any street or parcels with a conservation (when open to the public), commercial,
or residential FLU designation or use. Palms shall not be substituted for
required Canopy trees.
d. Standard Residential Zoning
Districts
An Electric Transmission Substation shall not be collocated with
Neighborhood Recreation Facilities.
a. Definition
A facility for the disposal or incineration of solid waste for
which a permit is required by the Florida Department of Environmental
Protection, which receives solid waste for disposal in or upon the land. The
term does not include a land-spreading site, injection well, or surface
impoundment.
b. SWA Permit
Prior to operation of the facility, the owner or operator shall
obtain a SWA Permit.
c. Airport Land Use Compatibility
Zoning
1) New Landfills
are prohibited, and existing Landfills within the following areas are
restricted pursuant to Art. 16.C.1.E, General Land Use Regulations
– Off-Airport Land Use Compatibility Schedule (Appendix 8): [Ord. 2017-025]
a) Within 10,000 feet from the nearest point of any Airport runway
used or planned to be used by turbine aircraft or [Ord. 2017-025]
b) Within 5,000 feet from the nearest point of any Airport runway
used by only non-turbine aircraft or [Ord. 2017-025]
c) Outside the
perimeters defined in Art.
4.B.7.C.6.c.1)a) and Art.
4.B.7.C.6.c.1)b), but still within the lateral limits of the civil airport
imaginary surfaces defined in 14 CFR § 77.19. Case-by-case
review of such Landfills is advised. [Ord. 2017-025]
2) Where any
Landfill is located and constructed in a manner that attracts or sustains
hazardous bird movements from feeding, water, or roosting areas into, or
across, the runways or approach and departure patterns of aircraft. The
Landfill operator must incorporate bird management techniques or other
practices to minimize bird hazard to airborne aircraft. These management
techniques shall be addressed in the applicable Zoning application. DOA, in
consultation with the PZB, shall administer the review of development
application for compliance. [Ord.
2017-025]
7. Minor Utility
a. Definition
An above-ground facility associated with utility distribution,
collection, or transmission networks, required by their nature to be relatively
dispersed throughout their service area other than electric generation and
transmission facilities.
b. Typical Uses
Gas and water regulators; chlorine injection and potable water
booster pump stations; water reclamation treatment, storage, and distribution
facilities; membrane bioreactor plants; sewage lift stations; telephone
exchange buildings; and, communication substations.
c. Floor Area
1) Residential
Zoning Districts
A maximum of 3,000
square feet of gross enclosed floor area of buildings. Square footage
calculations shall not include tanks and unoccupied facilities and structures.
2) Non-Residential
Zoning Districts
A maximum of 10,000
square feet of gross enclosed floor area of buildings. Square footage
calculations shall not include tanks and unoccupied facilities and structures.
3) A Minor Utility exceeding either standard
above may be approved as a Class A Conditional Use.
d. Lift Station
1) New
Subdivisions
Facilities located in
new subdivisions may be allowed subject to DRO approval concurrent with the
subdivision approval.
2) Streets
Facilities located
within streets or utility easements shall not be subject to DRO approval.
e. States of Emergency
The PZB Executive
Director may waive the review timeframes in the event of a declared State of Emergency.
f. Hours of Operation
Minor Utilities are not subject to the hours of operation in Art. 5, Supplementary
Standards.
a. Definition
A facility that uses photovoltaic, thermal, or other systems with a
principal use of producing electric or thermal power from the sun that is then
stored and delivered to the transmission system and consumed off site. [Ord. 2019-023]
b. Lot
Size
Lots shall comply with the minimum lot dimension requirements pursuant
to Table
3.D.1.A, Property Development Regulations,
or the applicable PDD requirements.
c. Setbacks
Accessory electric poles, distribution, and transmission lines shall be
exempt from the minimum setback requirements indicated below:
1) Lots 50 Acres or Greater
Setbacks shall be a minimum of 25 feet from the side and rear property
lines. The facility shall comply with the minimum front and side street
setbacks of the applicable zoning district.
2) Lots Less Than 50 Acres
Setbacks shall be a minimum of 15 feet from the side and rear property
lines. The facility shall comply with the minimum front and side street setbacks
of the applicable zoning district.
3) Lots Adjacent to Existing Residential Uses
Setbacks shall be a minimum of 35 feet or the zoning district setback,
whichever is greater, along the affected property line.
4) Additional Setback
One additional foot of setback shall be required in addition to the
minimum setback indicated above for each one foot of height, or fraction
thereof, over 20 feet.
1) For
facilities within the Rural, Exurban, and Glades Tiers greater than 250 acres
in size, the following rules shall apply: [Ord.
2019-023]
a) R-O-W Buffer
Shall be exempt from
the requirements of Art. 7.C.2.A, R-O-W Buffer provided a six-foot-high landscape barrier is installed. If a
hedge is proposed, credit to satisfy the hedge material may be granted for
on-site preservation of existing vegetation pursuant to Art. 7.E.3, Credit and Replacement. An alternative hedge height may be allowed
subject to the following: [Ord. 2019-023]
(1) Minimum two feet at time of installation and
maintained at a minimum height of six feet and no greater than 12 feet pursuant
to Art. 7.D.4.A, Hedges; [Ord.
2019-023]
(2) The solar panels, including support
structures, shall be no greater than eight feet in height and set back a
minimum of 80 feet from the adjacent R-O-W or base building line, whichever is
more restrictive; and, [Ord. 2019-023]
(3) The area between the R-O-W Buffer and the
minimum setback shall be limited to landscaping, drainage easements, and a
drive aisle that is used for the repair, maintenance, and/or installation of
the solar panels, when the hedge is less than six feet in height. [Ord. 2019-023]
b) Compatibility Buffer
(1) Shall be exempt from the landscaping
requirements of Art. 7, Landscaping when the site meets or exceeds the minimum
25-foot setback, and is adjacent to a parcel of land with agricultural or utility
uses or a conservation FLU designation; or [Ord.
2019-023]
(2) Shall be exempt from the landscaping
requirements of Art. 7, Landscaping when the site meets or exceeds a 50-foot
setback, and is adjacent to a parcel of land with an existing landscape buffer.
[Ord. 2019-023]
c) Incompatibility Buffer
The Type 3 Incompatibility
Buffer may be reduced to 50 percent of the landscaping materials, excluding the
width, and can be a hedge or fence. [Ord. 2019-023]
2) All Tiers
These facilities shall
be exempt from interior landscape requirements for the developable area pursuant
to Art. 7, Landscaping. [Ord.
2019-023]
e. Collocation
with Existing Electric Power Plant
Solar facilities located on a site with an existing Electric Power Plant
may be approved pursuant to the approval process indicated in the appropriate Use
Matrix, and shall not be subject to a Development Order Amendment pursuant to Art.
2.B.7.C, Development Order Amendment (DOA).
a. Definition
A facility that uses
one or more Wind Turbines, Meteorological (MET) Towers, or other systems with a
principal use of producing electric or mechanical power from the wind.
Figure 4.B.7.C
– Typical Renewable Energy Wind Turbine
|
|
b. Environmental
Permitting – Letters of Engagement
The Applicant shall provide a letter of engagement from all applicable
environmental permitting agencies, including but not limited to: the Florida
Fish and Wildlife Conservation Commission, U.S. Fish and Wildlife Service,
Florida Department of Environmental Protection, or other applicable regulatory
agency. Letters of engagement, or similar documentation, shall indicate that
the proposed facility is under review for applicable permitting or siting
requirements for endangered, threatened, or species of special concern, migratory
birds or bats, natural ecosystem or wetlands, or other local wildlife. The
documentation shall be submitted to the Zoning Division, with the Zoning
application. The letter of engagement shall include, at a minimum:
1) Identify
organization as Federal, State, or Local;
2) Key
individuals involved in review;
3) Role
in review process (i.e., studies, review, or permitting); and,
4) Identify
any permits or approvals required, critical dates, input in review process, and
possible Conditions of Approval, where applicable.
c. Lot
Size
Lots shall comply with the minimum lot dimension requirements pursuant
to Table
3.D.1.A, Property Development Regulations,
or the applicable PDD requirements. Non-conforming Legal Lots of Record may be
included within the boundaries of a Renewable Energy Wind Facility if the
overall Project Boundaries meet the minimum standards for the zoning district.
d. Setback
or Separation Requirements
Accessory electric poles, distribution, and transmission lines shall be
exempt from the minimum setback requirements indicated below.
1) Facilities shall comply with the minimum
setback requirements of the applicable zoning district unless stated otherwise
in the following Table.
2) Type 2 Variance for Setbacks or Separations
Requests for Type 2 Variances from the setback or separation
requirements listed above shall be permitted in accordance with Art. 2, Application
Processes and Procedures, and the following:
a) The
minimum proposed setback or separation is not less than one and one-tenth times
the height of the structure;
b) The
Applicant submits a study demonstrating that shadow flicker caused by the
proposed Renewable Energy Wind Facility will not affect any occupied or
habitable building or outdoor recreation area. Some shadow flicker not to
exceed 30 hours annually may be approved as part of the Variance upon
demonstration that the frequency range is not adverse to any segments of the
public. The study shall be prepared by a licensed Engineer, Surveyor and Mapper,
Architect, Landscape Architect, or other similar professional, including
scientists specializing in renewable energy wind technology.
3) Setback within Multi-Parcel Renewable Energy
Wind Facilities in AP
Except for setbacks from habitable and occupied buildings as set forth
in Table
4.B.7.C, Renewable Energy Wind Facility Setbacks or Separations,
MET Towers or other similar wind energy systems on parcels with an AP FLU
designation and AP Zoning District, setbacks shall be measured from the Project
Boundary, not from any lot lines located within the Project Boundary.
4) The measurement of height shall be in
accordance with Art. 4.B.9.B.5, Tower Height (related to Commercial Communication Towers),
except that for Wind Turbines, the height shall be measured to the top of the
turbine blade.
e. Perimeter
Buffers and Interior Tree Requirements
1) A
Type 1 Incompatibility Buffer shall be required when the subject site is
adjacent to or visible from any street or parcels with a conservation (when
open to the public), commercial, public and civic, or residential FLU
designation, zoning district, or use. In addition, a Type 2 Incompatibility Buffer
shall be required around the perimeter of all ground-mounted equipment or
accessory buildings. Palms may be substituted for 50 percent of the required Canopy
trees.
2) Wind
Turbines or MET Towers located on parcels with an AP FLU designation and Zoning
District shall be exempt from the landscaping requirements above.
3) These
facilities shall be exempt from interior landscape requirements for the
developable area pursuant to Art. 7.C.3, Interior
Landscaping.
f. Collocation
with Existing Electric Power Plant
Renewable Energy Wind Facilities located on a site with an existing
Electric Power Plant shall be approved pursuant to the approval process
indicated in the appropriate Use Matrix, and shall not be subject to a
legislative Development Order Amendment, pursuant to Art.
2.B.7.C, Development Order Amendment (DOA).
g. Removal
A renewable energy wind project (“Project”), when deemed “abandoned,”
shall be removed in accordance with the provisions of this Subsection. For the
purposes of this Section, the term “Project” shall also include individual Wind
Turbines or MET Towers located within a larger Renewable Energy Wind Facility. The
Project shall be deemed “abandoned” when the Project is completely unable to
generate electricity, whether through continued operation or repowering, and
where the owner of the Project (“Project Owner”) is not engaged in any effort
to remedy the condition that gave rise to the complete inability to generate
electricity, or if the project fails to generate electricity for a period of
three years regardless of the efforts of the Project Owner. If a Project is
deemed “abandoned,” the Project Owner shall commence removal of the Project. The
arrangements regarding removal of the Project are to be set forth in contracts
between the applicable landowners and the Project Owner, which such
arrangements shall:
1) Require
the removal of the turbine towers and foundations up to a depth of 36 inches
below grade;
2) Establish
a timeframe up to 24 months, subject to adjustment due to force majeure events, to complete the removal; and,
3) Provide
surety, in a form subject to approval of the County Attorney, for removal to
the applicable landowner (as primary beneficiary) and to the County (as
secondary beneficiary in the event the landowner fails to timely enforce its
rights under the surety instrument). The amount of the surety shall be
calculated by an independent, Florida-certified Professional Engineer immediately
prior to the date it is required to be provided, as set forth in this subparagraph,
and shall be equal to the cost of removing the Project. The surety amount shall
be recalculated every five years thereafter. The surety, which shall be in the
form of a single instrument, shall be provided to the applicable landowner and
the County upon the earlier to occur of:
a) The
date which is ten years prior to the end of the lease term between the
applicable landowner and the Project Owner, as such term may be extended from
time to time, or
b) The
90th day following the date the Project is deemed “abandoned.”
h. MET
Tower Approval Process Exceptions
Permanent MET Towers shall be considered a permitted accessory structure
to a Renewable Energy Wind Facility.
1) DRO Approval
A temporary MET Tower located on a parcel with an AP FLU designation and
Zoning District, to be erected for a period of not more than three years, may
be approved by the DRO.
2) Permitted by Right
A temporary MET Tower located on a parcel with an AP FLU designation and
Zoning District, to be erected for a period of not more than three years, where
located one mile or more from a public R-O-W, or parcel of land with a conservation
(when open to the public), commercial, public, civic, or residential FLU
designation or use, may be Permitted by Right.
i. Microwave
Path Analysis
At time of submittal for Final DRO approval, a professionally prepared
microwave path analysis shall be submitted for review and approval by FDO. Prior
to Final DRO approval, the Site Plan shall clearly depict any area(s) of the
site that is required by that analysis to remain free and clear of
encroachments in order to preclude interference with County microwave
communication systems.
j. Aircraft
Hazard
To ensure the safety of low-flying aircraft, any application shall
demonstrate compliance with 14
CFR § 77.9 and notification requirements to the
Administrator of the FAA. In the event there are no applicable FAA requirements
for safety markings of Wind Turbines or MET Towers the following safety marking
requirements shall be applied:
1) Paint
will be applied to the top one-third of the MET Tower in alternating bands of international
orange and white.
2) Three
orange guy wire marker spheres will be installed on each of the outer guy wires
of the MET Tower.
3) Ten-foot
yellow florescent sleeves will be attached on either side of each marker
sphere.
4) A
low-intensity flashing red light will be mounted at the top of the MET Tower.
5) Ten-foot
yellow florescent sleeves will be attached to each guy wire at the anchor
points of the MET Tower.
k. Color
Towers, turbines, and blades shall be painted non-reflective white or
grey, or other non-reflective unobtrusive color and shall be consistent with
any information provided at time of DO approval. Change in color may be allowed
subject to DRO approval, where required by regulatory agency permitting or
other similar approvals. Signage, equipment, or project logo or labeling shall
be prohibited on Wind Turbines, MET Towers, or other similar wind energy
systems.
a. Definition
A facility where solid waste or yard waste from smaller vehicles
is transferred into larger vehicles before being shipped or transported to a
solid waste processing or disposal facility.
b. Location
The facility shall
front on and have access from an Arterial or Collector Street.
c. Setbacks
All portions of a
transfer station, including structures, ramps, parking, and on-site circulation
areas, shall be set back a minimum of 50 feet or the zoning district setback,
whichever is greater, from all property lines, lakes, canals, water management
tracts, retention/detention areas, drainage swales, and other water bodies.
A minimum 50-foot-wide Incompatibility
Buffer shall be provided adjacent to an existing residential FLU designation or
use. Required landscaping not visible from adjacent lots or streets may be waived
through a Type 1 Waiver.
e. Storage Areas
All solid waste stored
outdoors shall be in leak-proof containers or located on a paved surface
designed to capture all runoff. Runoff shall be treated in a manner that is in
conformance with Local, State, and Federal regulations. Solid waste or
yard waste may be sorted or temporarily stored but not processed at a transfer station.
f. Operation Functions
1) Access
A graphic and written
analysis of access routes to the site.
2) Type
An explanation of the
type of facility requested including a description of the materials to be
handled, methods of operation, handling procedures, whether sorting will occur,
and runoff treatment plans.
3) Waste
The quantity of waste
to be received, expressed in cubic yards per day or tons per day.
4) Hours of
Operation
A statement specifying
the hours of operation.
5) SWA Permit
Prior to operation of the facility, the owner or operator shall
obtain a SWA Permit.
a. Definition
A facility designed for treatment and disposal of more than
5,000 gallons per day of water or wastewater.
b. Location
In the AGR Zoning
District, a Water or Wastewater Treatment Plant shall not be located west of SR
7/U.S. Highway 441.
c. Sanitary Nuisances
Facilities shall be
designed and operated to minimize objectionable odors. Potential sanitary
nuisances shall be addressed by the PBC Health Department pursuant to F.S. ch. 386, pt. I, as may be amended from time to time.
d. Setbacks – Water or Wastewater
Treatment Plant
For purposes of this
Section, the AR Zoning District is not considered a residential zoning district.
Required setbacks are as follows:
Table 4.B.7.C
– Wastewater Treatment Plant Setbacks
|
Type/Capacity
|
Type of Plant
|
|
|
Wastewater Treatment
Plants over One Million Gallons per Day Capacity
|
Head Works,
Clarifiers, Sludge Treatment and Handling Facilities without Odor Control
|
750’
|
500’
|
Head Works,
Clarifiers, Sludge Treatment and Handling Facilities with Odor Control
|
300’ (2)
|
200’ (1)
|
Chemical Storage Facilities
|
300’
|
200’
|
Accessory Facilities
|
200’
|
100’
|
Wastewater Treatment
Plants Up to One Million Gallons per Day Capacity including Package Treatment
Facilities
|
Treatment Units
without Odor Control
|
150’
|
150’
|
Treatment Units with
Odor Control
|
100’ (1)
|
100’ (1)
|
Chemical Storage Facilities
|
100’
|
100’
|
Accessory Facilities
|
100’
|
100’
|
Water Reclamation
Production Facility (Any Capacity Stand-Alone Facility Larger than a Minor Utility
Which Is Filtering Already Treated Wastewater (Secondary Effluent) (3)(4)
|
Storage Tanks,
Filtration System, Hypochlorite Tanks, Office/Lab/Generator Buildings, and
Accessory Facilities
|
50’ front; 15’ side; 25’ side street; and,
20’ rear or the min. district setback, whichever is greater
|
50’ front; 15’ side; 25’ side street; and,
20’ rear or the min. district setback, whichever is greater
|
Membrane Bioreactor
(MBR) System
|
Storage Tanks,
Enclosed Reinforced Hollow Fiber or Flat Plate Membranes, Clarification,
Aeration, and Filtration of Wastewater for Discharge or Reuse Applications
|
50’ front; 15’ side; 25’ side street; and,
20’ rear or the min. district setback, whichever is greater
|
50’ front; 15’ side; 25’ side street; and,
20’ rear or the min. district setback, whichever is greater
|
Notes:
|
1.
|
Minimum lot dimensions shall be governed by the regulations
above or the most recent standards adopted by the District and shall apply
only to new schools. The District shall forward any changes in the standards
to the Department within 20 days of School Board adoption. Minimum lot
dimensions shall include, if applicable, sufficient room for any on-site
retention.
|
2.
|
Tertiary filters do not require odor control.
|
3.
|
If an existing utility site is being redeveloped into a Water
Reclamation Production Facility or MBR, the setbacks established for the
original use will be utilized for the water reclamation facility or MBR
unless they are more restrictive than the setbacks noted in this Table. If
the reclamation or MBR facility qualifies as a Minor Utility those regulations
will apply instead of this Table.
|
4.
|
A Water Reclamation Production Facility treating raw
wastewater to tertiary levels must meet the setback requirements for a
Wastewater Treatment Plant of similar capacity unless it qualifies as a Minor
Utility, in which case, those regulations will apply.
|
|
|
|
|
|
Table 4.B.7.C
– Water Treatment Plant Setbacks for Open Treatment Process
|
Type/Capacity
|
Type of Plant
|
|
Water Treatment
Plants over Two Million Gallons per Day Capacity
|
Treatment Units and
Chemical Storage
|
200’
|
Units Which Cause
Airborne Sulfides
|
500’ (1)
|
Accessory Facilities
|
100’
|
Water Treatment
Plants Up to Two Million Gallons per Day Capacity, including Package
Treatment Facilities
|
Treatment Units and
Chemical Storage
|
100’
|
Units Which Cause
Airborne Sulfides
|
250’ (2)
|
Accessory Units
|
100’
|
Notes:
|
1.
|
Odor control. Unless treatment for removal of sulfides for
odor control is included.
|
2.
|
Maximum building height. Buildings not including storage
tanks and water towers higher than 35 feet are allowed provided the following
setbacks are met:
|
a.
|
The minimum yard setback of this
Section; and
|
b.
|
An additional one-foot setback
for each one foot in height exceeding 35 feet.
|
|
|
|
|
|
Table 4.B.7.C
– Water Treatment Plant Setbacks for Enclosed Treatment Process without Gas
Chlorine
|
Type/Capacity
|
Yard
|
|
Water Treatment
Plants over Two Million Gallons per Day Capacity
|
Front
|
80’
|
Side
|
50’
|
Rear
|
50’
|
Chemical Storage
|
200’ (1)
|
Water Treatment
Plants Up to Two Million Gallons per Day Capacity, including Package
Treatment Facilities
|
Front
|
80’
|
Side
|
50’
|
Rear
|
50’
|
Chemical Storage
|
100’
|
Notes:
|
1.
|
Chemical storage setbacks may be reduced by 50 percent for
facilities using enclosed treatment process without chlorine gas, along
property lines adjacent to parcels with a PO Zoning District and INST FLU
designation, or AP Zoning District and FLU designations.
|
|
|
|
|
e. Accessory Use
A Water or Wastewater Treatment Plant may be collocated with a
Public School installed in accordance with all applicable Federal, State, and Local
utility standards.
1) Location/Buffering
The facility shall be located and buffered to ensure
compatibility with surrounding land use.
2) Duration
The use of the facility shall only be permitted until such time
as central water or wastewater service is available from the appropriate
utility.
f. Landscaping
1) Buffer
Perimeter landscape buffers
shall have a minimum width of 25 feet or be equal to the setback requirements
if less than 25 feet.
2) Trees
A single row of trees
shall be planted in all landscape buffers at a ratio of one 14-foot-tall tree
for each 25 linear feet.
3) Screening
Screening consisting of
a hedge, berm, or fence wall which will present a visual screen at least six feet
in height within one year of installation shall be provided around the
perimeter of the site.
g. Package Treatment Facility
Package water or
wastewater treatment facilities shall comply with the following additional
standards:
1) Limited Service
Area (LSA)
a) Package
treatment facility shall be prohibited in the LSA except for use by schools or
located in the United Technologies Corporation Protection Overlay or the North
County General Aviation Facility.
b) If a package
treatment facility is proposed to be developed in the LSA, confirmation shall
be provided from the PBCHD that use of a package treatment plant is necessary
to protect water quality. The PBCHD shall certify that the uses proposed can be
adequately served with a package treatment plant.
2) Rural Service
Area (RSA)
If a package treatment
facility is proposed to be developed in the RSA, there shall be demonstrated
evidence that it is to be used to provide potable water or wastewater service
to Bona Fide Agriculture uses, public recreational uses, public educational
uses, or other uses when found to be consistent with the Plan by the Planning
Director and upon approval of the Director of the PBCHD. The PBHD may impose
conditions or restrictions necessary to protect public health and prevent the
creation of a nuisance. All package plants in the RSA shall be operated and
maintained by a public utility. Based on the standards of operator coverage in Chapter 62-699, F.A.C. and Chapter 62-602, F.A.C., the BCC, may require a higher level of
operator coverage.
h. Effect on Previously Approved
Plants
Water and Wastewater
Treatment Plants approved prior to the effective date of this Code shall be
considered conforming uses. Expansion or redevelopment of existing facilities
or an existing utility site to the same or a different utility use or treatment
technology may be allowed with setbacks less than those listed in this Section
of the Code provided the expansion or redevelopment is reviewed and approved by
the DRO and odor control is provided if applicable.
i. Biosolids Land Application
Class A or B biosolids,
as defined by Chapter 62-640, F.A.C., may be applied to land in Bona Fide Agriculture
operation in the AP, AGR, and AR Zoning Districts. Class AA biosolids, as
defined by Chapter 62-640, F.A.C., has unlimited distribution pursuant to Chapter 62-640, F.A.C. Nothing herein shall preclude disposal of
biosolids at a Landfill or at a Wastewater Treatment Plant in compliance with
applicable Federal, State, and Local regulations nor effect any biosolid
operation approved prior to the effective date of this Code.
1) AP and AGR
Zoning Districts
A Class A or B biosolid
shall be Permitted by Right on the site of a Bona Fide Agriculture operation in
the AP and AGR Zoning Districts in compliance with FDEP standards in Chapter 62-640, F.A.C., as verified by the PBCHD. Following
verification, the PBCHD shall be notified of the proposed first date of the
land application no fewer than 30 days prior to land application.
2) AR Zoning
District
Land application for a
Class A or B biosolid shall be permitted in the AR Zoning District on the site
of a Bona Fide Agriculture operation following approval by the DRO. An Applicant
shall demonstrate compliance with FDEP standards except that the required
separation from buildings and other property lines shall be as specified below.
In the case of several adjacent properties which apply for a biosolid the
properties may be combined for the purpose of measuring the required separation
and the separation may be measured from the boundary of the most exterior
property.
a) External Separation
There shall be a
minimum separation of 500 feet from any off-site structure occupied on a daily
or frequent basis by people. This distance shall be measured from the perimeter
of the biosolid application area outward toward the structure.
b) Internal
Separation
Internal to the site,
there shall be a minimum 200-foot separation from the perimeter of the biosolid
application area to the property line of the parcel.
c) Setbacks
These setbacks may be
reduced or increased by the Director of the PBCHD.