1-53-3.1. Table of use regulations. Table 53-1 lists the uses which will be permitted on a parcel or lot in the zoning districts established in this chapter. No person or other entity may place a structure or conduct an activity, or allow a structure or an activity to occur, on land within any zoning district in the county when such use is not a use permitted by right within that zoning district as set forth in table 53-1. For the RR-WE, RR, RR-F, RG-1, RG-1M, RG-2, RG-2M, RG-3, RG-3M and RG-4 zoning districts, the owner must establish a residential use prior to any other uses listed in table 53-1. In addition, a structure or activity may be allowed by special exception granted pursuant to the provisions of chapter 1-51 in a zoning district where such structure or use is shown as a use permitted by special exception in table 53-1 and a use which is permitted in a zoning district county-wide by a specific provision of this code shall be allowed pursuant to that provision notwithstanding table 53-1, and a use may be allowed by administrative waiver if it meets the requirements of section 1-51-7. All uses must comply with section 1-53-6.13, Airports.

TABLE 53-1. TABLE OF USE REGULATIONS

1-53-3.2. Gateway overlay corridor. All properties within the gateway overlay corridor pursuant to chapter 1-58, article II, shall be required to process a planned unit development in accordance with section 1-53-5, in order to rezone to a new use.

1-53-3.3. Accessory uses.

(a)

Generally; residential accessory uses. Accessory uses and structures shall be permitted in any residential zoning district as long as the principal uses or structures are existing to which the use is accessory. Where allowed, residential accessory uses include:

(1)

Antenna structures for residential television and radio.

(2)

Children's' playhouses, not to exceed 100 square feet of gross floor area, and juvenile play equipment.

(3)

Fallout shelters.

(4)

Private garages and carports. (See section 1-53-6.10 [1-53-6.11] for requirements applicable to parking of commercial vehicles.)

(5)

Gazebos and similar structures.

(6)

Private swimming pools and bathhouses.

(7)

Tennis, basketball or volleyball courts and other similar private recreation facilities.

(8)

Guest cottages and garage apartments with living units having less than 600 square feet of floor area for noncommercial temporary occupancy only. Temporary occupancy shall mean occupancy of 120 days or less. Family members and caretakers are exempt from the temporary occupancy requirement. A separate guesthouse cottage must meet chapter 1-58 building code requirements, except no kitchen facilities are required.

(9)

Doghouses, pens and other similar structures for the keeping of household pets, subject to the provisions of section 1-53-6.7A.

(10)

Home occupations, subject to the limitations in section 1-53-6.1.

(11)

Boat docks and docked or moored boats.

(b)

Special requirements for all accessory uses. All accessory uses, regardless of location, shall meet the following requirements:

(1)

No accessory use or structure, except for boat docks and docked or moored boats, may be placed on residentially zoned property prior to the establishment of the principal use.

(2)

No accessory structure shall be occupied as a residence.

(3)

All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which they are located.

(4)

All accessory uses and structures shall comply with the development regulations applicable in the zoning district in which they are located.

(5)

All accessory uses and structures shall be arranged and maintained so as not to encroach on any required setback area, except boat docks and docked or moored boats.

(c)

Roadside stand accessory use in agriculture zoning district. Roadside stands which do not exceed 200 square feet in gross floor area shall be permitted in the agricultural district and:

(1)

Shall be permitted only during crop harvesting season, and shall be removed except during such season;

(2)

Shall be used primarily for the sale of agricultural products grown in the area;

(3)

Shall be located a minimum distance of 30 feet from the street right-of-way line and not closer than ten feet to any lot line;

(4)

Shall be located so as to provide for adequate off-street parking spaces and safe ingress and egress to the property; and

(5)

Except for building-mounted signs, the stand may have only one sign visible from each direction, which sign may not exceed 30 inches in height.

(d)

Shipping Containers in a residentially zoned district.

(1)

Except for in Port LaBelle; Banyan Village; Laurel Oaks; Riverbend Estates; Rialto Pointe; Caloosa Estates; Caloosa Shores; Caloosa Harbor; Hidden Hammock; and all residentially zoned parcels south of CR 78 and north of the Caloosahatchee River between the Fort Denaud Swing Bridge and the LaBelle Draw Bridge; and north of Fort Denaud Road and south of the Caloosahatchee River between the Fort Denaud Swing Bridge and the LaBelle Draw Bridge. Shipping containers up to 40 feet in length may be permitted as an accessory use on a residentially zoned parcel with at least 0.75 acres of property. Properties less than 0.75 acre shall be permitted one shipping container, not to exceed 20 feet in length.

a.

The number of shipping containers may not exceed one container per 0.75 acres, not to exceed a cumulative number of two containers on a single parcel.

b.

Shipping Containers must be placed behind the primary residence. No shipping container shall be permitted in the front yard or within any setbacks.

c.

Shipping containers shall be fully screened from the public right-of-way with a six foot tall fully opaque fence or wall and/or a landscaped hedge that is planted to obtain a height of six feet within one year of planting.

d.

Shipping containers shall be painted to match the exterior of the primary residence on all four sides.

e.

No signage shall be permitted on a shipping container.

f.

Shipping containers shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.

g.

Shipping containers shall be located on the ground and not stacked on top of another container or structure

h.

Shipping containers shall be secured pursuant to Florida Building Code requirements.

1-53-3.4. Uses not listed; prohibited uses. All uses not permitted herein are deemed to be prohibited, provided that the board of county commissioners may authorize by special exception a use which is not otherwise provided for herein within one or more zoning districts. In authorizing such a use, the board shall consider the impact of the use on the neighborhood within which it is proposed and must find that the requested use will have an effect within the zoning district similar to that of comparable uses which are permitted by right within that zoning district.

1-53-3.5. Temporary uses. The following uses and/or structures shall be permitted for a period not exceeding 90 days upon issuance by the community development director of a permit therefore. A second permit not exceeding 90 days may be issued to allow the completion of the activity and removal of structures. Any subsequent continuation of the temporary use structure shall only be permitted pursuant to a special exception issued by the board of county commissioners.

(1)

Temporary buildings and structures used in connection with the development or sale of land in connection with construction.

(2)

Model home used as an office in which to transact sale of homes.

(3)

Flea markets in C-2 and C-3 districts.

(4)

Seasonal sales, such as Christmas tree lots, etc.

1-53-3.6. Supplemental use regulations. In addition to the regulations contained in this section, additional regulations may apply to a specific use. Other regulations may also apply on a case-by-case basis as the result of a special exception or other individual approval.

1-53-3.7. Rural Residential Wheeler Estates zoning district.

[(a)]

Applicability. The Rural Residential-Wheeler Estates (RR-WE) zoning district shall apply to those parcels formerly zoned agricultural transitional (A-3) and RG-1 as set forth on the Hendry County Zoning Map, and generally located in the west one-half of Sections 6, 7, 18, 19, 30, and 31, Township 44 South, Range 28 East, Hendry County, Florida. Those parcels located within the aforementioned Sections, Township and Range that are zoned agriculture, industrial and general commercial shall remain in those zoning districts, but may be rezoned to RR-WE by the property owner.

[(b)]

Permitted uses. Uses permitted within Wheeler Estates shall consist of single-family residential dwellings, accessory structures, and small-scale agricultural uses that are accessory to permitted residential uses. Limited, neighborhood-scale non-residential uses, institutional uses, and recreational uses are permitted subject to the provisions set forth herein.

[(c)]

Prohibited uses. In accordance with table 53-1, residential development in the RR-WE zoning district is limited to single-family homes. Mobile homes and RVs as living quarters are specifically prohibited in this district.

1-53-3.7.1. Wheeler Estates development standards.

(a)

Minimum access requirements. In order to receive a building permit to construct a single-family home in the Wheeler Estates zoning district the property owner must be able to access his or her parcel by way of: 1) a private driveway utilized by no more than three residential parcels meeting the specifications in section 1-53-6.14(b), or 2) a private road meeting the specifications in section 1-53-6.14(a) except paving of the road will not be required. Private roads shall be constructed by the joint efforts of the owners of the residential parcels served by the road or, in the event the affected owners will not or do not construct the private road, the county shall, if it possesses easement rights over all necessary lands, construct the private road and specially assess the owners of the residential parcels served by the road for the costs to construct and maintain the road.

(b)

Minimum drainage requirements. The property owner must comply with any applicable requirements set forth by the Florida Department of Environmental Protection, the South Florida Water Management District, and the Lehigh Acres Municipal Services Improvement District regarding appropriate drainage facilities for the property.

(c)

Residential use standards. Residential uses shall be the principal use in the RR-WE zoning district. Construction and design standards shall comply with all applicable regulations in the LDC unless superseded herein.

(d)

Non-residential use standards. The following standards apply to all development, redevelopment and expansion of existing and permitted non-residential development within its boundaries, unless otherwise specified.

(1)

Locational criteria. Non-residential uses must be located on improved roadways meeting the standards set forth in section 1-53-6.14(a) and must have direct access to one of the following roadways: Wheeler Road, 10th Place, 2nd Place, or 16th Terrace.

(2)

Planned unit development rezoning or special exception required. All non-residential development must be reviewed and approved through the planned unit development rezoning process or special exception process.

(3)

Design standards. Commercial buildings shall utilize materials that reflect the rural character.

a.

Building materials. Traditional building materials, such as cedar, clapboard siding, masonry, stone, brick, wood, or other materials that achieve the same quality in appearance are acceptable. Aluminum, corrugated metal, and shipping containers are prohibited.

b.

Building color. Building colors must be neutral, warm earth tones or subdued pastels. Brighter colors may be utilized on doors, windows, trim, and architectural details. The use of black and primary colors is limited to trim. Neon and fluorescent colors are prohibited.

(4)

Landscape buffers. All non-residential development must provide a 15-inch-wide Type "B" landscape buffer along private and/or public roadway/easement frontages, in accordance with chapter 1-58, article III. The clustering of trees and shrubs may be permitted.

(5)

Signage. Each parcel shall be allowed one freestanding, ground sign not to exceed 32 square feet in sign face area and eight feet in height, and one of the following sign types, not to exceed 16 square feet in sign face area: Projecting, wall, or marquee. Electronic and messaging signage is prohibited.

(e)

Agricultural use standards. New, non-commercial agricultural uses that are accessory to principal single-family residential uses may be initiated on parcels zoned RR-WE, subject to the following provisions:

(1)

Existing commercial agricultural uses on RR-WE zoned properties may be continued, until such time as the use is discontinued for a period of one year or more.

(2)

Permitted uses include the keeping of domestic farm animals for household use, green houses, and gardens. These uses shall only be permitted as an accessory use to the residential use.

(3)

Domestic farm animals for household use only, may be kept on parcels of any size in the RR-WE zoning district, provided that the number of animals on a parcel may not exceed the number set forth in the table below.

The following list is not cumulative for each parcel with the exception of poultry and hogs, which are permitted for each parcel regardless of size. For example, a 1.25-acre parcel is permitted a maximum of one horse or cow, two hogs and ten poultry. A 2.5-acre parcel is permitted one horse and one cow, four hogs, and 15 poultry.

_____

_____

(4)

Notwithstanding any other part of this section, the following shall apply to the keeping of domestic farm animals in the RR-WE zoning district:

a.

All animals shall be properly enclosed on the property.

b.

All animals shall be fed, watered, and cared for in a humane and proper manner.

c.

The keeping of animals under this subsection shall not be done in a manner which creates a common law nuisance.

d.

Animal waste shall not be allowed to remain on the premises in amounts which cause a health or environmental hazard.

(f)

Public participation.

(1)

The owner or agent applying for the following types of approvals that are within or nearby the community, as determined by the planning and community development director, must conduct one public information meeting prior to being scheduled for public hearing(s):

a.

Comprehensive plan amendments.

b.

Planned unit development zoning actions.

c.

Conventional rezoning actions.

d.

Special exceptions.

(2)

Public information meeting requirements. The applicant is responsible for providing the meeting space and providing notice of the meeting. Hendry County Staff must be notified and in attendance.

1-53-3.8. Medical marijuana treatment center dispensing facilities. Medical marijuana treatment center dispensing facilities described in F.S. § 381.986 are hereby banned from being located within the boundaries of Hendry County.

(a)

Non-Medical Dispensing Facilities are hereby banned from being located within the boundaries of Hendry County.

1-53-3.9. Rural residential-farm (RR-F) zoning district.

(a)

Applicability. The rural residential-farm (RR-F) zoning district shall apply to those parcels as set forth on the county zoning map.

(b)

Permitted residential uses. Uses permitted shall consist of single-family residential dwellings (site built, modular and mobile homes).

(c)

Permitted accessory uses and structures. Accessory uses and structures are permitted pursuant to section 1-53-3.3. In addition, hobby farming is a permitted accessory use pursuant section 1-53-3.9.3 below.

(d)

Prohibited residential uses. The following are prohibited for use as a dwelling unit: personal vehicles, recreational vehicles, boats, buses, sheds, or other similar products. Shipping containers may be used as a dwelling provided the building permit with the engineering plans have been submitted to the county building department prior to January 31, 2022. After such date shipping containers may not be permitted as a dwelling.

1-53-3.9.1. Development standards. The following standards are supplementary to standards elsewhere in the land development code. In cases where duplicative standards exist, the more restrictive standard applies.

(a)

Minimum access requirements. In order to receive a building permit to construct a residence in the RR-F zoning district the property owner must be able to access the parcel by way of:

(1)

A public road;

(2)

A private driveway utilized by no more than three residential parcels meeting the specifications in section 1-53-6.14(b);

(3)

A private road meeting the specifications in section 1-53-6.14(a); or

(4)

A new driveway constructed pursuant to a driveway permit issued by the appropriate governmental authority and including installation of a culvert.

(b)

Minimum drainage requirements. The property owner must comply with any applicable requirements set forth by the Florida Department of Environmental Protection, the South Florida Water Management District, and the Central County Water Control District regarding appropriate drainage facilities for the property.

1-53-3.9.2. Residential use standards.

(1)

Single-family residential. Single-family homes may be site-built or manufactured/modular. A mobile home, as defined in F.S. § 553.36, may be used as a dwelling unit if it meets the building code standards. Recreational vehicles are not considered mobile homes under this definition and are not a permitted residential use.

(2)

Dimensional and density regulations. Residential uses shall comply with section 1-53-4.1. Table of dimensional and density regulations that sets forth criteria for minimum lot sizes, front, side and rear setback requirements, lot dimensions, minimum square footage for dwelling units and maximum building heights.

1-53-3.9.3. Hobby farming use standards.

(a)

General standards. Hobby farming is a permitted accessory use to an existing primary residence on parcels zoned RR-F, subject to the following provisions:

(1)

Farm products may be sold from the property, but signs and roadside stands are prohibited.

(2)

Animals shall be cared for in accordance with the provisions of section 1-53-6.7(g).

(3)

Domestic farm animals for household use only may be kept on parcels in the RR-F zoning district, provided that the number of animals on a parcel may not exceed the numbers set forth in Table 53-9. The following numeric limits do not apply to animals being raised by children for presentation at a 4-H animal show.

Table 53-9:
Domestic Farm Animal Allowances in RR-F

(b)

Special permit for domestic farm animals. In order to increase the number, or change the combination options, of domestic farm animal allowances pursuant to table 53-9, a special permit may be requested subject to the following requirements:

(1)

The application must be submitted to the county on the specified form and shall include:

a.

A description of the request;

b.

The total number and type of animals included in the request;

c.

A site plan showing the facilities required for proper care according to subsection 1-53-6.7(g) and a narrative explaining care procedures;

d.

Site photos;

e.

Proof of ownership; and

f.

Other information deemed necessary by county staff.

(2)

The county shall consider the following criteria in reviewing the application:

a.

The allowance of the additional animals will not create a common law nuisance in respect to odor, noise and health or environmental hazards;

b.

The allowance of the additional animals will be compatible with surrounding uses; and

c.

The allowance of the additional animals will meet all applicable setback requirements contained in the land development code.

(3)

Notification procedures. The community development director, upon receipt of an application and fee, shall provide notification of the application to persons owning land within 350 feet of the subject property by first class mail and by posting or having posted a notice on the subject property. The written notice shall clearly state that, unless an objection is filed with the community development director within 15 days from the date of the postmark of the county's notice letter, the director may issue a special permit in accordance with this section. If a written objection is received, the matter shall be presented to the county commission for final decision at a public hearing. Written notice of the public hearing shall be sent to the person(s) objecting and the applicant by first class mail no less than ten days prior to the hearing, and notice shall be published in a newspaper of general circulation within the county no less than five days prior to the hearing. Cost of the public hearing notices shall be the responsibility of the applicant.

(4)

Appeal to board of county commissioners.

a.

In the event the community development director denies a permit after an application is made hereunder, the applicant may, within 15 days, appeal the denial to the board of county commissioners by completing a form provided by the community development director.

b.

An appeal filed under this section shall be decided by the board of county commissioners after a public hearing in which notice has been sent to each person who has previously received written notice by first class mail no less than ten days prior to the hearing, and such notice has been published in a newspaper of general circulation within the county no less than five days prior to the hearing.

(5)

At or after such public hearing, the board of county commissioners may grant a permit to the applicant, grant a permit with conditions, or deny the application. Documentation with the number of animals born, sold, or acquired must be kept on premises to verify the number of animals on a property meets the permit requirements and shall be provided to the county upon request.

(6)

In cases where a property owner with a special permit violates the requirements of this code, the special permit may be revoked and enforcement action may be taken under chapter 1-51.

(7)

The special permit is not transferable upon change of ownership.

(c)

Exemption. Parcels containing a residence as of November 17, 2021, shall be exempt from the limitations in table 53-9. Parcels not containing a residence as of November 17, 2021, shall be exempt from the limitations in table 53-9 if the property owner obtains a building permit for a residence by October 31, 2022, and obtains a certificate of occupancy for the residence within 18 months of the issuance of the building permit. Owners of exempt parcels are required to meet all applicable animal care, property maintenance and nuisance standards. The exempt status is not transferable upon change of ownership. However, the grandfathering status may be maintained if the transfer of property is to a family member as defined in section 1-53-2.2 and verified through a sworn affidavit, as provided by the county, from the grantor and grantee.

(Ord. No. 91-23, § 3(53-3), 8-27-1991; Ord. No. 91-25, § 1, 12-16-1991; Ord. No. 97-04, § 1, 2-11-1997; Ord. No. 2002-17, § 1, 5-28-2002; Ord. No. 2003-01, § 1, 1-28-2003; Ord. No. 2003-14, § 2, 9-23-2003; Ord. No. 2005-40, § 1.C., 12-13-2005; Ord. No. 2008-22, §§ 10—12, 11-12-2008; Ord. No. 2009-01, § 1, 1-27-2009; Ord. No. 2010-02, § 6, 1-12-2010; Ord. No. 2010-07, § 1, 2-23-2010; Ord. No. 2010-34, §§ 2, 3, 12-14-2010; Ord. No. 2011-18, § 1, 12-13-2011; Ord. No. 2012-03, §§ 2, 3, 2-28-2012; Ord. No. 2014-02, § 1, 2-25-2014; Ord. No. 2016-05, § 1, 2-23-2016; Ord. No. 2016-06, § 1, 3-8-2016; Ord. No. 2017-02, § 1, 2-28-2017; Ord. No. 2017-28, § 1, 11-14-2017; Ord. No. 2018-11, § 1, 5-22-2018; 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. 2021-25, § 1(Exh. A), 11-9-2021; 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; Ord. No. 2025-07, § 1 (Exh. A), 6-10-2025)