Agritourism uses are permitted in conjunction with a bona-fide agricultural use on lands classified as agricultural by the Nassau County property appraiser per the provisions of state law. Agricultural lands are used primarily for bona-fide agricultural purposes including, but not limited to, horticulture; floriculture; viticulture; forestry; dairy; livestock; poultry; bee; pisciculture, if the land is used principally for the production of tropical fish; aquaculture; algaculture; and sod farming. Agritourism uses shall be subject to the restrictions stipulated in state law and to the following standards that are intended to minimize substantial offsite impacts:

A.

Allowable uses:

1.

Agricultural-related activity consistent with a bona fide farm, livestock operation, ranch, or working forest allowing members of the general public to view or enjoy activities for recreational, entertainment, or educational purposes.

2.

Farming, ranching, historical, cultural, civic, ceremonial, training, and exhibition activities and events.

3.

Harvest-your-own activities and attractions.

B.

Agritourism uses are subject to the following supplemental standards:

1.

An activity is an agritourism activity regardless of whether the participant paid to participate in the activity.

2.

An agritourism activity does not include the construction of new or additional structures or facilities intended primarily to house, shelter, transport, or otherwise accommodate members of the general public.

3.

Agritourism uses shall be reviewed by the planning department, which may consult with other county and state departments and agencies, to ensure that off-site impacts are addressed in accordance with the development standards required by this chapter.

C.

Screening and buffering:

1.

The landscaping standards of land development code articles 37.05 and 37.06 shall be met in areas dedicated for agritourism use with the following exceptions:

(a)

The perimeter landscaping strip along road frontages shall only be required to contain a minimum of two (2) native understory or canopy trees per one hundred (100) linear feet of property frontage.

(b)

The interior landscaping requirements of section 37.05(F) shall be waived in the case of an off-street parking facility consisting of a stabilized, pervious surface not comprising asphaltic or concrete paving (excluding paved handicap accessible parking spaces), such surface being subject to approval by the county engineer. Pervious surface means a surface material that allows stormwater to infiltrate into the ground.

(c)

The vegetative screening requirements relating to mechanical equipment shall be waived.

D.

Vehicle access and parking facilities:

1.

The property must have adequate space available for on-site parking. The number of parking spaces provided shall be in accordance with sections 28.16.4 and 31.12, of the land development code, including handicap accessible parking spaces. An alternative stabilized parking surface may be allowed if approved by the county engineer or designee, as permitted by Nassau County Ordinance No. 99-17, Nassau County roadway and drainage standards, section 9.9. The alternative surface must be of a material that will minimize dust particulate and erosion. Grass overflow parking shall be allowed to meet up to fifty percent (50%) of required minimum parking.

2.

Agritourism uses that result in less than one hundred fifty (150) vehicles per day (VPD), per the appropriate ITE traffic code, shall be considered de minimis and will not require any off-site roadway improvements to county-maintained roadways. Traffic impacts resulting in greater than or equal to one hundred fifty (150) VPD will require a traffic impact analysis to be conducted per BOCC Resolution No. 2019-174 in order to determine any off-site roadway improvements that will be required.

E.

Lighting:

1.

Lighting levels shall be limited to what is necessary to provide security and safety for users. All lighting installations in connection with an agritourism use shall be designed to minimize light trespass and interference with vehicular traffic on adjacent rights-of-way and properties, which shall be achieved through the use of downcast lights, light shields, landscaping, or other elements. Lighting associated with the agritourism use shall measure zero foot-candles along adjoining property lines unless such property is in common ownership.

F.

Operational standards:

1.

All permanent and temporary structures associated with an agritourism use in which any form of amplified sound will be utilized shall be located a minimum of five hundred (500) feet from the nearest residence not in common ownership by the venue operator or property owner.

2.

Customer capacity shall be limited by building occupancy and parking limitations.

3.

Each agritourism operator shall post and maintain signs that contain the notice of inherent risk specified below. A sign shall be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The notice of inherent risk must consist of a sign in black letters, with each letter a minimum of one (1) inch in height, with sufficient color contrast to be clearly visible.

WARNING

Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity.

(Ord. No. 2023-040, § 2, 10-9-23)