1-53-2.1. Establishment of districts. For the purposes of this chapter, the following zoning districts are hereby established for use within the county:

1-53-2.1A. Reserved.

1-53-2.2. Land use classifications. For the purpose of this chapter, the following land uses and activities shall be permitted in the respective districts as provided in table 53-1 (Table of Use Regulations) in section 1-53-3.1, below.

The following definitions are hereby established:

Accessory use or structure means a use or structure of a nature customarily incidental and subordinate to the principal use or structure and unless otherwise provided, on the same premises. "On the same premises," with respect to accessory uses and structures shall be construed as meaning on the same lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building.

Adult congregate living facility (ACLF) means a type of residential care facility, defined in F.S. ch. 400, pt. II.

Agricultural processing means a land use where agricultural products are purposely heated (including pasteurization) or altered from their original form, such as by cutting, shaving, grinding, shredding, juicing, or blending. This includes but is not limited to saw mills, slaughterhouses, canning operations, or bottling operations.

Agricultural packinghouse means a building where fruits, vegetables and other agricultural products not composed of animals, animal parts or animal byproducts are washed, sorted, gassed, waxed, inspected, graded or packaged.

Agricultural worker housing means dwelling units intended for occupancy by persons engaged in agriculture or agricultural processing activities and by families of workers.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture (beekeeping), horticulture (plants), floriculture (flowers), silviculture (trees), orchards, groves, viticulture (grapes), animal and poultry husbandry, specialty farms, aquaculture, confined feeding operations and the necessary accessory uses for gathering, transporting or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

Agritourism activity means any agricultural activity consistent with a bona fide farm, livestock operation, or ranch or in a working forest which allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own activities and attractions, regardless of whether the participant paid to participate in the activity.

Animal, 4-H means an animal raised on a temporary basis as part of the 4-H youth program administrated by the National Institute of Food and Agriculture of the U.S. Department of Agriculture.

Animal, commercial means animals raised for commercial purposes.

Animal, domestic means any dog, cat, or other historically domesticated companion animal.

Animal, domestic farm for household use means any animal, other than a domestic animal as defined herein, which is normally raised for breeding, harness, riding, food, milk, eggs, or wool for personal consumption.

Animal enclosure means a fenced area used to confine domestic farm animals for household use.

Apartment building means a building that is used or intended to be used as a home or residence for three or more families living in separate quarters with at least one common wall between units. Units are commonly arranged in multi-story buildings and all do not have ground floor or individual entries to the outside.

Auto salvage/junkyard means a place where the principal activity is the outside storage and/or processing of wrecked or derelict property having no value other than the nominal salvage value, including wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, appliances, furniture, and any other similar article. Storage of more than three inoperable vehicles constitutes a junkyard. In addition, an individual who is restoring, not for profit, a classic or antique vehicle, may have three inoperable vehicles parked on his premises in a fully enclosed building or a back yard completely enclosed by opaque fencing, as long as they are of the same make and model of the vehicle he is restoring.

B and B means bed and breakfast inn. These type lodgings are single-family homes converted to inns with one or more rooms to rent for an overnight stay for the traveling public; and, are typically found in historic districts or in homes that are historic in nature. The proprietors live on the premises and include breakfast in the price of an overnight stay.

Big box retailers or wholesalers means large stores (e.g. Target, WalMart, Costco, and Sam's Club) that sell a variety of goods and services all in one building that may include a combination of goods traditionally sold at retail general stores, hardware stores, plant nurseries, grocery stores, office supply stores, sewing and hobby shops, appliance and stereo stores; and may include selling services such as photography studios, optical centers, barber/beauty shops, travel agencies, and restaurants. These stores can be retail sales only or wholesale sales that require a membership.

Boardinghouse and rooming house means a building other than a hotel, motel, or restaurant, where meals or lodging are provided for a fee for three or more unrelated persons and where no cooking or dining facilities are provided in individual rooms. These type facilities differ from B and B's because they are typically rented to semi-permanent residents rather than the traveling public and for longer stays than one or two nights.

Commercial vehicle means vehicles that operate for commercial or business purposes, rather than a vehicle used for personal purposes. Examples of commercial vehicles include dump trucks, semi-tractors and trailers (either as one unit or separately), vehicles having more than two axles, buses for more than ten passengers, and similar vehicles not ordinarily used for personal transportation. This does not include work trucks or vans with two axles. The display of lettering or commercial images does not classify a vehicle as commercial.

Community residential home, major, means a dwelling unit licensed to serve clients of the state department of health and rehabilitative services, which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

Community residential home, minor, means a community residential home designed to serve fewer than seven residents.

Conservation means a use intended to preserve the natural condition of land or water, including buffering of natural areas from other uses. Conservation uses include, but are not limited to, preserves for vegetation and wildlife habitat, habitats for threatened and endangered species or species of special concern, wetlands, sensitive shorelines, and archaeological and historical sites. The definition includes certain activities and improvements which are consistent with the use and protection of conservation areas, including, but not limited to, facilities for scientific and educational study and passive recreation (such as hiking and nature trails).

Container home means a shipping container(s) that has been modified and outfitted to function as a permanent residence.

Convenience commercial means a retail establishment having an enclosed building area of less than 5,000 square feet, or a group of such establishments not exceeding 15,000 square feet in the aggregate, designed to serve the immediate shopping and service needs of persons within a very small area, including convenience stores (with or without gasoline sales), coin laundries, restaurants, and similar facilities.

Detailed specific area plan (DSAP) is a local development order, pursuant to F.S. § 163.3245(3)(b), which implements all or part of a sector plan's long term master plan. An approved DSAP shall be reflected as a "DSAP district" on the county's zoning map.

Duplex or two-family dwelling unit means a building consisting of two separate dwelling units, each with its own outside entrance.

Dwelling, multifamily, means a residential structure containing two or more separate dwelling units.

Dwelling, single-family, means a residential structure built on- or off-site pursuant to standards of construction set forth in chapter 1-58 of this code and consisting of one dwelling unit.

Dwelling, townhouse, means a group of three or more but not more than eight dwelling units which are arranged in a row and each of which is joined to the adjacent unit by a common party wall, and each of which shall have its own outside entrance.

Dwelling, two-family, means a building consisting of two separate dwelling units, each with its own outside entrance.

Entertainment establishment means any tavern, bar, lounge, dancehall, live or motion picture theater, establishment offering live entertainment of any kind, or any establishment the primary activity of which is the sale or rental of sexually oriented books, magazines, videotapes, or devices.

Essential public or utility facility means a component of the distribution or collection system for a utility or communication system, such as water and sewer lines, electric lines, telephone or cable television lines, but not including substations, switching stations, or treatment facilities which are defined as "public service/public utility uses."

Family means:

(1)

An individual, or two or more persons related by blood, marriage, or adoption; which include only spouse, children, stepchildren, foster children, parents, stepparents, foster-parents, brothers, sisters, grandparents, and stepgrandparents; living together as a single household unit; or

(2)

A group of not more than five persons, who need not be related by blood, marriage, or adoption, living together as a single household unit.

Final permit means a permit for land development activity which actually authorizes commencement of construction or development activity, specifically including: building permits, final subdivision plat approval, site development plan approval and site improvement plan approval.

Floor area ratio (FAR) means a measurement of the intensity of buildings developed on the site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas (square footage) of all buildings on the site and dividing that figure by the gross land area.

Floriculture means the cultivation of flowering plants.

General commercial includes a variety of general commercial, commercial recreational, entertainment, and related activities. This category includes the following specific uses, and all substantially similar uses:

(1)

Arcades, billiards/pool parlors, bowling alleys, indoor recreation centers and gymnasiums/spas/health clubs.

(2)

Commercial or trade schools, including dance and martial arts studios.

(3)

Department stores and other retail stores.

(4)

Funeral homes and mortuaries.

(5)

Automobile accessory and parts stores and hardware stores without outside storage.

(6)

Grocery stores, supermarkets, convenience stores and specialty food stores (such as meat markets and bakeries).

(7)

Hotels and motels.

(8)

Professional offices.

(9)

Service businesses such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, laundries/dry cleaners, and light mechanical repair stores (such as camera, TV, or bicycle repair shops).

(10)

Restaurants, other than those with drive-through facilities.

(11)

Shopping centers.

(12)

Theaters and auditoriums.

(13)

Retail plant nurseries.

(14)

Veterinary offices and animal hospitals, provided the facility has no outside kennels.

(15)

Financial institutions.

General recreation means an outdoor recreational activity such as: Golf courses, miniature golf courses, golf driving ranges, stables and horse riding areas, marinas, boat docks, boat ramps, fishing piers, community swimming pools, and similar recreational activities, along with community halls, and structures associated with these activities. Specifically excluded are firing ranges and facilities associated with motor sports.

Heavy industry means those businesses and activities involving manufacturing, processing, storage, warehousing, and distribution of goods, including outdoor storage and any industrial activity which is conducted outdoors.

Heavy recreation means an outdoor recreational activity which is noisy, creates dust or fumes, and/or creates dangers to others in the area, and specifically includes firing ranges and facilities for motor sports.

Heir means a lot of record owner's grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild, verified through a sworn affidavit, as provided by the county.

High intensity commercial means those activities which require outdoor storage, have higher trip generations than general commercial uses listed above, or have the potential for greater nuisance to adjacent properties due to noise, light and glare, or typical hours of operation. This group of uses includes the following list of specific uses and all substantially similar activities:

(1)

Vehicle sales, rental, service, and repair, including truckstops, body shops, road services, carwash facilities, and the sales, rental, repair and service of new or used automobiles, boats, buses, farm equipment, motorcycles, trucks, recreational vehicles, and mobile homes.

(2)

Gasoline sales and service, combination gasoline sale and food marts, and similar facilities.

(3)

Restaurants with drive-through facilities.

(4)

Roadside produce stands, temporary or permanent.

(5)

Veterinary offices and animal hospitals with outside kennels.

(6)

Storage yards for equipment, machinery, and supplies for building and trades contractors.

(7)

Flea markets or similar outdoor or indoor/outdoor sales complexes.

(8)

Garbage hauler garage and storage facilities.

(9)

Building, farm, and garden supply facilities.

Hobby farming means the production, principally for use or consumption by the property owner, of plants and animals or their products.

Home means a site built single-family detached residential structure, modular home, prefabricated home, or container home.

Home occupation means an occupation or profession conducted by members of the household with a limited number of employees and shall be secondary to the use of the dwelling for residential purposes.

Horticulture means the growing of flowers, fruits and vegetables for commercial purposes.

Institution includes educational facilities (public or private), preschool and day care facilities, libraries, churches or other places of worship, cemeteries without funeral homes, community centers, fraternal lodges, hospitals, religious retreats, assisted living facilities, government owned or operated buildings, structures or land used for public purposes, and all other similar uses.

Light industrial means those businesses involving manufacturing, processing, storing, warehousing, or distributing goods, and not involving uses that primarily require outdoor storage or industrial activity which is conducted outdoors. Included in this category are uses that primarily require indoor storage or industrial activity, which is conducted indoors.

Manufactured home shall have the meaning set forth in the Florida Building Code — Residential, Section R202.

Medical or dental office means an establishment where patients, who are not lodged overnight, are admitted for examination or treatment by persons practicing any form of healing or health-building services whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is lawful in the State of Florida. A pain management clinic shall not be considered a medical or dental office.

Medical marijuana treatment center dispensing facility means a building or structure where marijuana for medical use is dispensed at retail.

Mining means surface mining, rock quarries, strip mining, borrow pits, and any other natural resource extraction activities. Buildings and businesses for the refinement, processing, packaging, and transportation of extracted materials are included in this group of uses. Pre-production and exploratory drilling activities are not included.

Mini-warehouse means a self-service facility consisting of individual self-contained units used for storage and no other purpose, plus an office/residence for a manager.

Mixed-use development means a type of development that includes both residential and nonresidential uses and requires a planned unit development rezoning.

Mobile home shall have the meaning set forth in F.S. § 553.36.

Mobile home subdivision means an area designated by the county with individually owned lots that is developed with mobile homes, that is in compliance with the requirements of chapter 1-54, subdivision regulations, meets zoning district requirements and is consistent with the comprehensive plan. The area identified as residential-medium density on the future land use map located north of CR 78, east of the Glades County line and west of SR 29 is deemed a mobile home subdivision.

Modular home shall have the meaning set forth in the Florida Building Code — Residential, Section R202.

Neighborhood recreation means any outdoor recreational activity which is oriented to the needs of persons living in fairly close proximity and specifically includes playgrounds, playfields, ball parks, tennis and basketball courts, and facilities for jogging and cycling.

Non-Medical Marijuana Treatment Centers means a facility that either or in any combination acquires, cultivates, possesses, processes, transfers, transports, sells, and distributes marijuana products and marijuana accessories for personal use by adults.

Nursing home means a facility for extended care at a level of medical care less than that delivered in a hospital, but greater than is available in an assisted living facility.

Open space means undeveloped lands suitable for passive recreation or conservation uses.

Pain management clinic shall mean the same as the definition found in F.S. (2011) § 458.3265(1)(a), as may be amended from time to time. Notwithstanding this definition, the use of the words "wellness center" and "detox center" shall not exempt clinics, facilities or offices which advertise in any medium for any type of pain management services, or employ a medical or osteopathic physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, from this definition. Such definition shall not include any of the following:

(1)

A clinic that is licensed as a facility pursuant to F.S. ch. 395; or

(2)

A clinic where a majority of the physicians who provide services in the clinic primarily provide surgical services; or

(3)

A clinic that is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50,000,000.00; or

(4)

A clinic that is owned by, leased by or contractually affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows; or

(5)

A clinic that does not prescribe or dispense controlled substances for the treatment of pain; or

(6)

A clinic that is owned by a corporate entity exempt from federal taxation under 26 U.S.C. § 501(c)(3); or

(7)

A facility that is owned or operated by a chiropractic physician licensed under F.S. ch. 460, and does not contract or employ a physician licensed under F.S. ch. 458 or 459, who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications for the treatment of chronic nonmalignant pain; or

(8)

A clinic that is associated with a not-for-profit hospice care provider.

Parcel of land means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

Planned unit development (PUD) means a form of development, usually characterized by a unified site design, for any combination of the following: a number of housing units; clustering buildings; commercial buildings; industrial uses; and common open space. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. It also refers to a process, mainly revolving around site-plan review, in which public officials have considerable involvement in determining the nature of the development.

Plat means a map or drawing depicting the division of land into lots, blocks, parcels, tracts, sites, or other divisions set forth in F.S. ch. 177, or its successor.

Prefabricated home means a home that has structural components (walls, roof and floor systems) constructed in a factory and delivered to the property where it is finished similar to a site-built home.

Professional service and office means business and professional offices, medical and dental offices, government offices, and financial institutions without drive-through facilities.

Public service/utility facility means those facilities from which essential or important public services are provided and include the following and substantially similar activities:

(1)

Emergency service activities such as buildings, garages, parking and/or dispatch centers for ambulances, fire, police and rescue.

(2)

Transmission towers.

(3)

Utility facilities, such as water plants, wastewater treatment plants, and electricity substations serving 230 kv or greater.

(4)

Maintenance facilities and storage yards for schools, government agencies, and telephone and cable companies.

(5)

LP gas storage and/or distribution facility for over 1,000 gallons.

(6)

Airports, airfields, and truck or bus terminals.

Recreational vehicle park means a development designed specifically to allow temporary living accommodations for recreation, camping, or travel use. The definition does not include a mobile home development.

Rural detailed specific area plan (RDSAP) is a local development order that provides for the continuation of rural development areas surrounding and adjacent to the compact urban development form of the employment, village, and neighborhood districts within the Southwest Hendry County Sector Plan's long term master plan. This designation shall be consistent with the adopted Southwest Hendry County Sector Plan, and shall be reflected as a "RDSAP district" on the county's zoning map.

Sector plan is a comprehensive plan future land use category approved pursuant to F.S. § 163.3245, which encourages long term planning for a large defined area. A sector plan provides a framework for opportunities for economic development, agriculture and conservation on a landscape scale.

Silviculture means a branch of the science of forestry dealing with the development, cultivation, and harvesting of forest products.

Viticulture means the science of growing grapes and the cultivation of grapevines.

Warehousing/distribution means an activity involving the storage of goods or materials before or after manufacture and before final sale or use, and includes trans-shipment of such goods or materials (loading and unloading) but excludes manufacture and processing.

(Ord. No. 91-23, § 3(53-2), 8-27-1991; Ord. No. 91-25, § 1, 12-16-1991; Ord. No. 96-01, §§ 1, 2, 2-13-1996; Ord. No. 2003-01, § 1, 1-28-2003; Ord. No. 2008-22, § 9, 11-12-2008; Ord. No. 2010-02, §§ 5, 6, 1-12-2010; Ord. No. 2010-34, § 1, 12-14-2010; Ord. No. 2012-03, § 1, 2-28-2012; Ord. No. 2016-01, § 1, 1-12-16; Ord. No. 2016-05, § 1, 2-23-2016; Ord. No. 2017-02, § 1, 2-28-2017; Ord. No. 2017-03, § 1, 2-28-2017; Ord. No. 2017-28, § 1, 11-14-2017; Ord. No. 2019-12, § 1, 5-28-2019; Ord. No. 2019-19, § 1, 7-16-2019; Ord. No. 2019-32, § 1, 11-12-2019; Ord. No. 2020-28, § 1, 11-10-2020; Ord. No. 2021-25, § 1(Exh. A), 11-9-2021; Ord. No. 2023-05, § 1(Exh. A), 4-11-2023; Ord. No. 2023-13, § 1(Exh. A), 8-22-2023; Ord. No. 2023-15, § 1(Exh. A), 8-22-2023; Ord. No. 2024-07, § 1, 11-12-2024)