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06/18/2019 (2)
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06/18/2019 (2)
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Last modified
12/31/2019 1:23:16 PM
Creation date
10/7/2019 6:02:17 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/18/2019
Meeting Body
Board of County Commissioners
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are allowed in agricultural areas along with agricultural uses of various intensities and scale and a <br />number of conditional uses that are warranted in agricultural areas under certain conditions. Where <br />warranted, LDRs have sometimes been changed to address such conflicts through specific criteria <br />and/or limitations. <br />In the end, County LDRs accommodate the wide and eclectic range of large and small scale <br />agricultural uses, conditional uses, and low density "residential estate" uses that have historically <br />existed and currently exist in the agriculturally designated areas. Through large minimum parcel size <br />requirements (5, 10, and 20 acre minimums), significant open space requirements (60% and 80% of <br />the site), special criteria and limitations, the. LDRs address but do not (and will not) completely <br />resolve all conflicts between competing uses and expectations in the agricultural areas. <br />e State Pre-emptions & Protections of Agricultural Uses <br />Like other states, Florida has strong "right to farm" state statues that pre-empt local government <br />regulations of agricultural and associated uses. In recent years, the state of Florida has strengthened <br />such pre-emptions. Current state law exempts from the Florida Building Code non-residential farm <br />buildings, structures, and facilities located on farms. The term "farm" and "farm operations" are <br />broadly defined (see Florida Statute references in attachment 2) <br />Under state law, commercial nurseries on agricultural property including wholesale plant nurseries are <br />"protected" as a bona fide agricultural use that is pre-empted from local land use and building permit <br />regulations. It is staff's understanding that current state law does not pre-empt the County from <br />enacting reasonable regulations for uses customarily associated with wholesale nurseries such as off- <br />site landscaping services. <br />o Current IRC Regulation of Landscaping Services <br />The County's current LDRs allow landscaping services as a principal "contractor's trades" type of <br />use in heavy commercial and industrial districts where storage of vehicles, equipment, and various <br />supplies and materials are allowed on intensely developed sites with low open space requirements <br />(10% - 15% of the site). Current agricultural district regulations (Section 911.06(4) use table) allow <br />commercial nurseries in the A-1, A-2, and A-3 districts, and specifically permit the following <br />components/uses as part of a commercial nursery in the A-1, A-2, and A-3 districts: "... cultivation, <br />wholesaling, and off-site landscaping services allowed; no retail sales allowed on-site." In its <br />interpretation and application of this existing code provision, staff has had to make judgment calls as <br />to what type use and facility constitutes an off-site landscape service operation that is allowable as a <br />use associated with a wholesale nursery. In making these judgement calls, there have been cases that <br />have "pushed the envelope" with respect to components of the operation, as well as the scale and lay- <br />out of the landscaping services facility. <br />Because wholesale nurseries and associated off-site landscaping services are categorized as a <br />permitted agricultural use, such uses are exempt from County site plan requirements (Section <br />914.04(1)(a)). In addition, since nurseries are a bona fide agricultural use, consistent with state <br />statute and based on county practice, improvements and structures serving both nurseries and <br />156 <br />
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