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Article 4
Use Regulations


(Continued)

Section 6         Agricultural Uses

A.   Agricultural Use Matrix

 

Table 4.B.6.A – Agricultural Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Agricultural Uses (3)

 

-

P

P

P

P

A

A

A

A

A

A

A

A

A

A

-

-

-

-

-

-

-

-

-

P

A

A

P

A

Agriculture, Bona Fide

1

-

-

-

-

P

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

 

-

D

D

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

-

Agriculture, Light Manufacturing

2

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

D

A

-

-

-

-

-

-

-

-

-

A

 

-

-

-

-

-

-

-

-

-

P

D

D

-

-

Agriculture, Packing Plant

3

-

-

-

-

A

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Agriculture, Renewable Fuels Production

4

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

D

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

B

Agriculture, Research and Development

5

-

-

-

-

-

P

P

P

P

P

P

P

P

P

P

-

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

B

-

-

-

-

-

-

-

-

-

A

-

P

 

-

-

-

-

-

D

-

D

-

-

-

-

-

-

Agriculture, Sales and Service

6

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

P

-

 

-

P

P

P

P

D

D

D

D

P

-

P

-

P

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

Agriculture, Storage

7

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

D

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

D

P

-

-

Agriculture, Transshipment

8

-

-

-

-

-

-

-

-

-

-

P

P

P

-

P

-

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

P

P

P

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Aviculture, Hobby Breeder

9

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

P

P

P

P

P

P

P

P

P

P

P

P

P

P

D (4)

D (4)

D (4)

D (4)

D (4)

-

-

-

-

P

P

P

P

P

Community Vegetable Garden

10

P

D

-

P

P

P

P

-

-

-

P

P

P

P

-

-

-

P

P

P

P

P

P

P

P

P

P

P

P

 

-

D

-

B

B

B

-

-

-

A

A

B

B

B

P

-

-

-

-

-

-

-

-

-

-

B

B

D

D

Equestrian Arena, Commercial

11

-

-

-

A

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

-

D

-

-

-

-

-

P

-

P

-

P

-

D (4)

D (4)

D (4)

D (4)

D (4)

D

-

D

-

-

P

P

P

D

Farmers Market

12

-

-

-

-

-

-

P

-

-

P

-

-

-

-

P

P

P

-

-

-

-

-

-

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-009] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Policy and Procedures Manual (PPM) # Multiple Department (MD)-RI-002, Processing Building Permit and Zoning Applications for Farms, guides PZB Staff in determining the preemptive effect of State law. This PPM is available upon request at Planning, Zoning and Building Department.

(2)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(3)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

(4)

The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.


 

Table 4.B.6.A – Agricultural Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Agricultural Uses (3)

 

-

P

-

B

A

A

A

A

A

P

-

P

-

P

-

D

D

D

D

D

-

-

-

-

D

B

B

-

-

Nursery, Retail

13

-

P

-

-

P

-

P

-

-

-

-

-

D

-

-

P

-

-

-

-

P

-

-

P

-

P

P

P

-

 

-

P

P

D

B

B

B

B

B

B

-

P

-

P

P

-

-

-

-

-

-

-

-

-

P

P

P

P

-

Nursery, Wholesale

14

-

-

-

-

P

-

-

-

-

-

-

-

P

-

P

-

P

-

-

-

-

-

-

-

-

-

-

-

D

 

-

D

D

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

B

D

P

-

Potting Soil Manufacturing

15

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

D

D

D

A

A

A

A

D

D

D

D

D

D

D

D

D

D

D

-

-

-

-

-

D

D

D

D

Produce Stand

16

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

P

-

D

D

D

D

 

-

P

P

P

P

P

P

P

P

P

P

P

P

P

P

-

-

-

-

-

-

-

-

-

-

P

P

P

P

Shade House

17

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

D

D

D

A

A

A

A

B

B

D

D

D

P

-

-

-

-

-

-

-

-

-

-

D

D

D

D

Stable, Commercial

18

-

-

-

-

P

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

D

 

-

P

P

P

P

P

B

B

B

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Stable, Private

19

P

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

P

-

-

-

-

-

P

 

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

-

Sugar Mill or Refinery

20

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Policy and Procedures Manual (PPM) # Multiple Department (MD)-RI-002, Processing Building Permit and Zoning Applications for Farms, guides PZB Staff in determining the preemptive effect of State law. This PPM is available upon request at Planning, Zoning and Building Department.

(2)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(3)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

(4)

The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.

 


B.   General Agricultural Standards

Reserved for future use.

C.   Definitions and Supplementary Use Standards for Specific Uses

1.   Agriculture, Bona Fide
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.

2.   Agriculture, Light Manufacturing
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.

3.   Agriculture, Packing Plant
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.

4.   Agriculture, Renewable Fuels Production
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.

5.   Agriculture, Research and Development
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.

6.   Agriculture, Sales and Service
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.

7.   Agriculture, Storage
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]

8.   Agriculture, Transshipment
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.

9.   Aviculture, Hobby Breeder
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.

10. Community Vegetable Garden
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]

c.   Accessory Structures

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.

11. Equestrian Arena, Commercial
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.

12. Farmers Market
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.

13. Nursery, Retail
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.

14. Nursery, Wholesale
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).

15. Potting Soil Manufacturing
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.

16. Produce Stand
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.

17. Shade House
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.

18. Stable, Commercial
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.

19. Stable, Private
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.

20. Sugar Mill or Refinery
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.


Section 7         Utility Uses

A.   Utility Use Matrix

 

Table 4.B.7.A – Utility Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Utility Uses (2)

 

-

D

B

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

B

D

D

-

Chipping and Mulching

1

-

-

-

-

-

-

-

-

-

-

B

-

-

-

B

-

D

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

D

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

D

D

D

-

Composting Facility

2

-

-

-

-

-

-

-

-

-

-

P

-

-

-

P

-

P

-

-

-

-

-

 

 

 

 

-

-

-

 

-

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

P

D

Electric Distribution Substation

3

D

D

-

-

-

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

 

 

-

-

A

-

-

-

-

-

-

A

A

A

A

A

A

-

-

-

-

-

-

-

-

-

-

A

A

A

A

Electric Power Plant

4

-

A

-

-

-

-

A

-

A

A

A

-

-

-

A

A

A

-

-

-

-

-

-

-

-

-

-

-

-

 

-

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

P

A

Electric Transmission Substation

5

-

A

-

-

-

-

A

-

A

A

A

A

A

-

A

A

A

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

Landfill or Incinerator

6

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

P

D

Minor Utility

7

D

D

-

D

-

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

-

 

-

D

D

D

D

D

D

B

B

D

D

D

D

D

D

-

-

-

-

-

-

-

-

-

D

D

D

D

D

Renewable Energy Solar Facility

8

-

D

D

D

-

D

D

D

D

D

D

D

D

D

D

D

D

B

B

-

-

-

-

-

-

-

-

-

-

 

-

A

A

A

A

A

A

A

A

A

A

A

A

A

A

-

-

-

-

-

-

-

-

-

A

A

A

A

A

Renewable Energy Wind Facility

9

-

-

-

-

-

A

A

A

A

A

A

A

A

A

A

A

A

A

A

-

-

-

-

-

-

-

-

-

-

 

-

-

A

A

A

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

A

B

P

A

Solid Waste Transfer Station

10

-

-

-

-

-

-

A

-

-

-

A

-

-

A

P

A

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

-

-

-

-

-

D

D

P

A

Water or Wastewater Treatment Plant

11

-

-

-

A

-

-

A

-

A

A

A

-

-

-

P

-

P

A

A

-

-

-

-

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(2)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

 


(This page intentionally left blank)


B.   General Utility Standards

Reserved for future use.

C.   Definitions and Supplementary Use Standards for Specific Uses

1.   Chipping and Mulching
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.

2.   Composting Facility
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]

3.   Electric Distribution Substation
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.

4.   Electric Power Plant
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.

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.

6.   Landfill or Incinerator
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.

8.   Renewable Energy Solar Facility
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.

d.   Perimeter Buffers and Interior Tree Requirements

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).

9.   Renewable Energy Wind Facility
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.

 

Table 4.B.7.C – Renewable Energy Wind Facility Setbacks or Separations

Structures

Min. Separation (1)(2)

Min. Setback (1)

Occupied Buildings within Project Boundary

Habitable Buildings within Project Boundary

Occupied or Habitable Buildings Outside of Project Boundary

Project Boundary

Public R-O-W

Non-Residential FLU

Residential or Conservation FLU

Wind Turbines, MET Towers, or Other Similar Wind Energy Systems

1.1 x height

2.5 x height

2.5 x height

1.5 x height

2.0 x height

2.5 x height

Accessory or Collocated Buildings or Structures

Apply zoning district or accessory use PDRs as applicable.

Notes:

1.

Setback or separation from Wind Turbines, MET Towers, or other similar structures shall be measured from the base as depicted in Figure 1.C.4.E, Typical Example of Measurement of Separation from Structure.

2.

Definitions for Habitable and Occupied shall be in accordance with the Florida Building Code, as may be amended.

 

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.

10. Solid Waste Transfer Station
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.

d.   Buffer

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.

11. Water or Wastewater Treatment Plant
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

Setback from Residential and Commercial Zoning District

Setback From Non-Residential and Non-Commercial Zoning District

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

Setback

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

Setback

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.


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Section 8         Transportation Uses

A.   Transportation Use Matrix

 

Table 4.B.8.A – Transportation Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Transportation Uses (2)

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

A

A

A

Airport

1

-

-

-

-

-

-

-

-

-

A

A

A

-

-

A

-

A

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

A

A

A

-

A

-

-

-

A

-

-

D

D

P

D

Heliport

2

-

-

-

-

-

-

A

-

-

A

A

A

-

-

A

A

A

-

-

-

-

-

-

-

-

A

A

A

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

A

A

A

Landing Strip

3

-

-

-

-

-

-

-

-

-

A

A

A

-

-

A

-

A

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

A

A

A

Seaplane Facility

4

-

-

-

-

-

-

-

-

-

A

A

-

-

-

A

-

A

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

A

A

A

A

A

-

-

-

-

-

-

-

A

A

Transportation Facility

5

-

-

-

-

-

-

A

-

-

-

-

-

-

A

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

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Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(2)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

 


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B.   General Transportation Standards for Aviation-Related Uses

All Airports, Heliports, Landing Strips, and Seaplane Facilities not owned and operated by the State of Florida, PBC, or a Hospital shall comply with the following standards:

1.   Setbacks

a.   No structure or navigation aid shall be located within 50 feet of any property line.

b.   There shall be a 100-foot setback between the edge of the landing area, as defined by the FDOT, and the property line.

2.   Structure Height

A Variance shall not be required for a structure to exceed the height limit for the zoning district in which the use is located, if the additional height is required by Federal law or Florida Statutes.

3.   Hangars

Storage buildings for aircraft shall be allowed as principal structures. Hangars accessory to an Agriculturally Classified Use as established by State Statutes shall be located on parcels containing a minimum of 20 acres.

4.   FAA and FDOT Requirements

DRO and Class A Conditional Use approvals as related to FAA and FDOT requirements shall be in accordance with F.S. § 125.022(4), Development Permits.

C.   Definitions and Supplementary Use Standards for Specific Uses

1.   Airport
a.   Definition

Any facility designed to accommodate landing or take-off operations of aircraft.

2.   Heliport or Vertiport
a.   Definition

A facility designed to accommodate helicopter operations or other vertical take-off and landing rotorcraft, including facilities and structures, needed for heliport businesses to function. [Ord. 2017-025]

b.   Accessory Uses

Except where otherwise allowed as a principal or collocated use, a Heliport limited to landing and take-off of helicopters, tilt rotors, or rotorcraft may be allowed as an accessory use, as follows:

1)   Accessory to an Agriculturally Classified Use as established by State Statutes, in the AGR, AR, AP, and RE Zoning Districts, located on parcels containing a minimum of ten acres, shall be Permitted by Right.

2)   Accessory to Single Family in the AR, RE, and RM Zoning Districts, subject to Class A Conditional Use approval.

3)   Accessory to a residential subdivision, as a Neighborhood Recreation Facility, or within the Recreation or Civic Pod of a PDD or TDD, subject to Class A Conditional Use approval.

4)   Accessory to a Public Park as follows:

a)   Subject to Class A Conditional Use approval if located within 1,000 feet from a parcel of land with a residential use or FLU designation. A Heliport shall be Permitted by Right if located more than 1,000 feet from a parcel of land with a residential use or FLU designation. Measurement shall be made from the edge of the helipad to the property line of a parcel of land with a residential FLU designation or use; or

b)   Permitted by Right if limited to a helipad for emergency purposes.

5)   A helipad accessory to Data and Information Processing, and Research and Development subject to Class A Conditional Use approval.

6)   Accessory to Government Services or Government Facilities, subject to Class A Conditional Use approval. A Heliport shall be Permitted by Right if located more than 1,000 feet from a parcel of land with a residential FLU designation or use. Measurement shall be made from the edge of the helipad to the property line of a parcel of land with a residential FLU designation or use.

7)   Accessory to a Hospital may be Permitted by Right.

3.   Landing Strip
a.   Definition

A ground facility designed to accommodate landing and take-off operations of aircraft, including facilities or structures, needed for landing strip functions.

b.   Accessory Uses

Except where otherwise allowed as a principal or collocated use, a Landing Strip may be allowed as an accessory use, as follows:

1)   Accessory to an Agriculturally Classified Use as established by State Statutes, in the AGR, AP, and AR/RSA Zoning Districts, located on parcels containing a minimum of 20 acres, shall be Permitted by Right.

2)   Accessory to a residential subdivision, as a Neighborhood Recreation Facility, or within the Recreation or Civic Pod of a PDD or TDD, subject to Class A Conditional Use approval.

3)   Accessory to Government Services or Government Facilities, subject to Class A Conditional Use approval.

4.   Seaplane Facility
a.   Definition

A facility, on land or water, designed to accommodate the landing and take-off of seaplanes, water taxiing, anchoring, ramp service, and onshore facilities.

b.   Separation Distance – Residential Zoning District

1)   If the Seaplane Facility use is limited to the adjacent Property Owners who jointly own and maintain the aircraft facility, it may be located in a residential zoning district provided the facility is not commercial or within 400 feet of a residential use.

2)   If the facility is a commercial venture, it shall not be located within 1,000 feet of a parcel of land with a residential FLU designation or use.

c.   Minimum Land Area

The minimum required land area for any type of seaplane operation shall be two acres.

d.   Water Area

All seaplane operations shall comply with the following minimum standards for water landing area:

 

Table 4.B.8.C – Seaplane Landing Area Standards

Length

3,500’

Width

300’

Depth

4’

 

e.   Airport Approach

No seaplane operation shall be considered unless the airport approach to the water landing area is at a slope of 40 to one or flatter for a distance of at least two miles from both ends of the water landing area and is clear of any building structure or portion thereof that extends through and above the airport approach plane.

f.    Setbacks

All buildings, structures, and aircraft parked onshore shall be located a minimum distance from all property lines of at least 50 feet.

g.   Landing Operations

All aircraft landings shall be performed under Visual Flying Rules (VFR) and shall not be conducted during the hours between sunset and sunrise.

h.   Parking

Shore facilities shall provide one automobile parking space for each 2,000 square feet of hangar or tie‑down area, or one space per craft, whichever is greater. All shore facilities shall provide a minimum of five parking spaces.

5.   Transportation Facility
a.   Definition

An establishment used as a transfer point for the loading and unloading of passengers from one mode of transportation to another, excluding Airports, aviation-related uses, and bus stops and alighting areas as outlined within Art. 5.H, Mass Transit Standards.

b.   Typical Uses

A Transportation Facility use may include, but not be limited to: bus stations, ferryboat or cruise ship terminals, and commuter railroad stations.

c.   Approval Process

1)   UC, UI, and PO Zoning Districts

a)   A Transportation Facility in the UC and UI Zoning Districts that is subject to Class A Conditional Use approval may be approved by the DRO if located 200 feet or more from a parcel of land with a residential FLU designation or use.

b)   A Transportation Facility in the PO Zoning District that is subject to Class A Conditional Use approval shall be Permitted by Right if located 200 feet or more from a parcel of land with a residential FLU designation or use.

2)   All Other Zoning Districts

A Transportation Facility in all other zoning districts subject to Class A Conditional Use approval may be approved by the DRO if located 500 feet or more from a parcel of land with a residential FLU designation or use.

d.   Location

Bus or railroad stations shall have frontage on and access from a Collector or Arterial Street, unless located within a PDD or TDD.

e.   Separation from Residential

A Transportation Facility located within 200 feet from a parcel of land with a residential FLU designation or use shall be subject to the following:

1)   Building openings used by vehicles and unglazed architectural openings shall not face residential; and

2)   A Type 3 Incompatibility Buffer shall be required.

f.    Vehicular and Pedestrian Circulation Areas

The site design shall address the following:

1)   Vehicle idling and queuing spaces do not encumber on-site circulation traffic or present a safety hazard for vehicles or pedestrians.

2)   Designated passenger drop-off/pick-up areas.

3)   A minimum six-foot-wide sidewalk in front of or adjacent to the drop-off spaces and connected to the building entrance.

4)   On-site vehicular circulation paved areas shall be set back a minimum 100 feet if adjacent to a parcel of land with a residential FLU designation or use.