Laserfiche WebLink
permitted associated uses are exempt from building permit requirements but are not exempt from <br />zoning setback and any applicable floodplain regulations. As a voluntary process to confirm <br />compliance with the exemption, staff strongly encourages property owners who claim the exemption <br />to file a Verification of Exemption for Non-residential Farm Building local form (see attachment 2). <br />Persons submitting the form attach a site sketch showing the lay -out of uses and facilities; the sketch <br />is not a formal site plan. Such a form was filed for the Caribbean Lawn and Landscaping business. <br />Since the March 5th meeting, no acknowledgement form for any new nursery/landscaping service <br />business has been filed. In practice, facilities serving agricultural operations may also serve associated <br />permitted accessory uses. For example, a workshop/garage can serve wholesale nursery production, <br />maintenance, delivery, and vehicles and equipment that serve off-site landscaping services operations. <br />In staff's experience, it would be difficult to try to separate -out portions of a facility that serve a <br />nursery use from what serves an accessary landscaping services use. <br />Staff's interpretation of the previously quoted 911.06(4) use table provisions is that an off-site <br />landscaping service is allowed as an "accessory use" to a wholesale plant nursery. Under LDR <br />Chapter 901, an "accessory use" is defined as: <br />"Accessory use a use which: <br />(a) Is clearly incidental to, customarily found in association with, and serves a principal use; <br />(b) Is subordinate in purpose, area, and extent to the principal use served; and <br />(c) Is located on the same lot as the principal use, or on an adjoining lot in the same <br />ownership as that of the principal use." <br />Staff's interpretation of "accessory use" as applied to off-site landscaping services associated with a <br />wholesale nursery is that such use is limited to installation and maintenance mowing/trimming of <br />landscaping material and must cover less site area than the nursery area. Under that interpretation, <br />for example, the site area of the landscaping services operation (total parking, driveway, and building <br />area) must be less than the nursery area (area under cultivation including green houses, grow houses, <br />shade houses, and similar structures). Consequently, under the current interpretation, a landscaping <br />services area to nursery area ratio of slightly less that 1:1 would comply. Based on discussion at the <br />March 5th meeting, it is staffs understanding that Board members believe that a lower ratio of <br />landscaping services area to nursery area would more appropriately reflect the "incidental to" and <br />"customarily found in association with" characteristics of an accessory landscaping services use. <br />Staffs research of existing landscaping services in the County, and the proposed draft ordinance, <br />address site area ratio which is a valid tool for evaluating an appropriate scale for both uses. <br />Staff's current interpretation, supported by Code Enforcement Board action, is that the wholesale <br />nursery use, as the principal agricultural use, is required to be established prior to or at the same time <br />as the landscaping services use and that the landscaping services use cannot involve burying, <br />mulching, or burning off-site debris on the premises. It is also staffs current interpretation that pest <br />control services are not accessory to a wholesale nursery use and are not allowed. These aspects of <br />staff's current interpretation are incorporated into the proposed draft ordinance to clarify andcodify <br />those interpretations. <br />— Small-scale home -occupation landscaping services <br />157 <br />