2.03.01___Agricultural_Districts. (1)2.03.01 - Agricultural Districts.
A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating
traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered
compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional
uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances,
may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density
rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density
rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent
with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element.
1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A).
a. Permitted uses.
1. Single-family dwelling .
2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production;
milk production; livestock raising, and aquaculture for native species subject to Florida Fish and Wildlife Conservation Commission permits.
i. The following permitted uses shall only be allowed on parcels 20 acres in size or greater:
a) dairying;
b) ranching;
c) poultry and egg production;
d) milk production;
e) livestock raising; and
f) animal breeding, raising, training, stabling or kenneling .
ii. On parcels less than 20 acres in size, individual property owners are not precluded from the keeping of the following for personal use and not in association with a commercial agricultural
activity provided there are no open feed lots:
a) Fowl or poultry, not to exceed 25 in total number; and
b) Horses and livestock (except for hogs) not to exceed two such animals for each acre.
i. Notwithstanding the above, hog(s) may be kept for a 16 week period in preparation for showing and sale at the annual Collier County Fair and/or the Immokalee Livestock show. The
following standards shall apply:
a) One hog per child enrolled in a 4-H Youth Development Program, Collier County Fair Program or similar program is permitted. In no case shall there be more than 2 hogs per acre.
b) Premises shall be fenced and maintained in a clean, healthful, and sanitary condition.
c) Premises or roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from
any dwelling unit on an adjacent parcel of land.
d) Hog(s) shall not be returned to the property once removed for showing and/or sale.
3. Wholesale reptile breeding and raising (non-venomous), subject to the following standards:
i. Minimum 20 acre parcel size;
ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line .
4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries.
5. Conservation uses.
6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures.
7. Family care facilities , subject to section 5.05.04.
8. Communications towers up to specified height, subject to section 5.05.09.
9. Essential services , as set forth in section 2.01.03.
10. Schools, public, including " Educational plants ."
b. Accessory uses.
1. Uses and structures that are accessory and incidental to the uses permitted as of right in the A district.
2. Farm labor housing, subject to section 5.05.03.
3. Retail sale of fresh, unprocessed agricultural products , grown primarily on the property and subject to a review of traffic circulation, parking, and safety concerns pursuant to
the submission of a site improvement plan as provided for in section 10.02.03.
4. Packinghouse or similar agricultural processing of farm products produced on the property subject to the following restrictions:
i. Agricultural packing, processing or similar facilities shall be located on a major or minor arterial street , or shall have access to an arterial street by a public street that does
not abut properties zoned RSF-1 thru RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC and PUD or are residentially used.
ii. A buffer yard of not less than 150 feet in width shall be provided along each boundary of the site which abuts any residentially zoned or used property, and shall contain an Alternative
B type buffer as defined within section 4.06.00. Such buffer and buffer yard shall be in lieu of front, side, or rear yards on that portion of the lot which abuts those districts and
uses identified in subsection 2.03.01 A.1.b. 4. i. above.
iii. The facility shall emit no noxious, toxic, or corrosive dust, dirt, fumes, vapors, or gases which can cause damage to human health, to animals or vegetation, or to other forms
of property beyond the lot line of the use creating the emission.
iv. A site development plan shall be provided in accordance with section 10.02.03.
5. Excavation and related processing and production subject to the following criteria:
i. The activity is clearly incidental to the agricultural development of the property.
ii. The affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Management District (SFWMD).
iii. The amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining,
pursuant to the procedures and conditions set forth in LDC section 10.08.00 and the Administrative Code.
6. Guesthouses, subject to section 5.03.03.
7. Private boathouses and docks on lake, canal or waterway lots, subject to section 5.03.06.
8. Use of a mobile home as a temporary residence while a permanent single-family dwelling is being constructed, subject to the following:
i. Receipt of a temporary use permit from the Development Services Director, pursuant to section 5.04.04, that allows for use of a mobile home while a permanent single-family dwelling
is being built;
ii. Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single-family dwelling, or upon the completion of the single-family
dwelling, whichever comes first;
iii. Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and
iv. The mobile home must be removed at the termination of the permitted period.
9. Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following:
i. The applicant shall submit a completed application to the site development review director, or his designee, for approval of a temporary use permit to utilize a mobile home as a
residence in conjunction with a bona fide commercial agricultural activity as described in subsection 2.03.01 A.1.2. Included with this application shall be a conceptual plot plan of
the subject property depicting the location of the proposed mobile home ; the distance of the proposed mobile home to all property lines and existing or proposed structures ; and, the
location, acreage breakdown, type and any intended phasing plan for the bona fide agricultural activity.
ii. The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to,
an agricultural clearing permit, building permit(s), ST permits, and the like.
iii. The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home
is an accessory use . The initial temporary use permit may be issued for a maximum of three years, and may, upon submission of a written request accompanied by the applicable fee, be
renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities.
iv. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five acres in size. Any property lying within public road rights-of-way
shall not be included in the minimum acreage calculations.
v. A mobile home , for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any
county highway right-of-way line, 200 feet from any state highway right-of-way , or 500 feet from any federal highway right-of-way line.
10. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or subdivision master
plan for that development . Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks , playgrounds and
playfields.
c. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section
10.08.00 and the Administrative Code.
1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. NOTE: "Extraction related processing and production"
is not related to "Oil extraction and related processing" as defined in this Code.
2. Sawmills.
3. Zoo, aquarium, aviary, botanical garden, or other similar uses.
4. Hunting cabins.
5. Aquaculture for nonnative or exotic species, subject to Florida Fish and Wildlife Conservation Commission permits.
6. Wholesale reptile breeding or raising (venomous) subject to the following standards;
i. Minimum 20 acre parcel size.
ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located at a minimum of 100 feet away from any lot line .
7. Churches .
8. Private landing strips for general aviation, subject to any relevant state and federal regulations.
9. Cemeteries.
10. Schools, private.
11. Child care centers and adult day care centers .
12. Collection and transfer sites for resource recovery.
13. Communication towers above specified height, subject to section 5.05.09.
14. Social and fraternal organizations.
15. Veterinary clinic.
16. Group care facilities (category I and II); care units ; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement
communities pursuant to § 651 F.S. and ch. 4-193 F.A.C., all subject to section 5.05.04 when located within the Urban Designated Area on the Future Land Use Map to the Collier County
Growth Management Plan.
17. Golf courses and/or golf driving ranges.
18. Oil and gas field development and production subject to state field development permits.
19. Sports instructional schools and camps.
20. Sporting and recreational camps.
21. Retail plant nurseries subject to the following conditions:
i. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required
for the planting or maintenance of said plants.
ii. Additionally, the sale of fresh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery.
iii. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district.
22. Asphaltic and concrete batch making plants subject to the following conditions:
i. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management
plan.
ii. The minimum site area shall not be less than ten acres.
iii. Principal access shall be from a street designated collector or higher classification.
iv. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary.
v. The height of raw material storage facilities shall not exceed a height of fifty (50) feet.
vi. Hours of operation shall be limited to two (2) hours before sunrise to sunset.
vii. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and seventy-five (75) feet for supporting administrative offices and associated
parking.
viii. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with eighty (80) percent opacity one (1) year after issuance of certificate of occupancy
shall be constructed or created around the entire perimeter of the property.
ix. The plant should not be located within the Greenline Area of Concern for the Florida State Park System as established by the Department of Environmental Protection (DEP): within
the Area of Critical State Concern as depicted on the Future Land Use Map GMP; within 1,000 feet of a natural reservation ; or within any County, State or federal jurisdictional wetland
area.
23. Cultural, ecological, or recreational facilities that provide opportunities for educational experience, eco-tourism or agri-tourism and their related modes of transporting participants,
viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar
modes of transportation, shall be subject to the following criteria:
i. Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be
presented to the planning services director prior to site development plan approval.
ii. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards.
iii. The petitioner shall utilize only trails identified and approved on the site development plan . Any existing trails shall be utilized before the establishment of new trails.
iv. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise.
v. The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the board of zoning appeals during the conditional use process.
vi. Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset.
vii. Molestation of wildlife, including feeding, shall be prohibited.
viii. Vehicles shall comply with state and United States Coast Guard regulations, if applicable.
ix. The board of zoning appeals shall review such a conditional use for tour operations, annually. If during the review, at an advertised public hearing, it is determined by the board
of zoning appeals that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, the board of zoning appeals may rescind
the conditional use .
24. Agricultural activities on parcels less than 20 acres in size:
i. animal breeding, raising, training, stabling, or kenneling.
ii. dairying;
iii. livestock raising;
iv. milk production;
v. poultry and egg production; and
vi. ranching.
25. The commercial production, raising or breeding of exotic animals, other than animals typically used for agricultural purposes or production, subject to the following standards:
i. Minimum 20 acre parcel size.
ii. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line .
26. Essential services , as set forth in subsection 2.01.03 G.
27. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04.
28. Ancillary plants .
d. Prohibited uses.
1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited:
a) Fighting or baiting any animal by the owner of such facility or any other person or entity.
b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes.
c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time.
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi-rural to rural environment, with limited
agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses
, development that provides services for and is compatible with the low density residential, semi-rural and rural character of the E district. The E district corresponds to and implements
the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The
maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element
of the Collier County GMP as provided under the Golden Gate Master Plan.
1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E).
a. Permitted uses.
1. Single-family dwelling .
2. Family care facilities , subject to section 5.05.04.
3. Essential services , as set forth in section 2.01.03.
4. Educational plants , as an essential service .
b. Accessory Uses.
1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district.
2. Fruits, vegetables, and nursery plants grown for both personal consumption and off-site retail sale, such as farmer's markets. Farm operations that grow fruits, vegetables, and nursery
plants for off-site retail sale shall be subject to LDC section 5.02.00 Home Occupations, as amended, and the following standards:
i. Farm operations shall not occupy more than 50 percent of the lot.
ii. Farm operations shall conform to minimum setbacks established in LDC sections 2.03.01 B.2 and 4.02.01 A. Table 2.1, however, no side, rear or front setbacks are required greater
than 30 feet.
iii. Vegetation removal for farm operations shall be subject to LDC section 3.05.05 F, as amended.
3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line , and a minimum
of 100 feet from any residence on an adjacent parcel of land.
4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such
animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land.
i. Notwithstanding the above, hog(s) may be kept for a 16 week period in preparation for showing and sale at the annual Collier County Fair and/or the Immokalee Livestock show. The
following standards shall apply:
a) One hog per child enrolled in a 4-H Youth Development Program, Collier County Fair Program or similar program is permitted. In no case shall there be more than 2 hogs per acre.
b) Premises shall be fenced and maintained in a clean, healthful, and sanitary condition.
c) Premises or roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from
any dwelling unit on an adjacent parcel of land.
d) Hog(s) shall not be returned to the property once removed for showing and/or sale.
5. One guesthouse, subject to section 5.03.03.
6. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision
plat for that development . Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks , playgrounds and
playfields.
7. Excavation and related processing and production subject to the following criteria:
i. These activities are incidental to the permitted used onsite.
ii. The amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards total. Amounts in excess of 4,000 cubic yards shall require conditional use approval
for earth mining, pursuant to the procedures and conditions set forth in section 10.08.00.
c. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses . The following
uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00:
1. Churches .
2. Social and fraternal organizations.
3. Child care centers and adult day care centers .
4. Schools, private.
5. Group care facilities (category I); care units , subject to the provisions of subsection 2.03.01 B.3.f; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch.
58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04.
6. Group care facilities (category II) care units subject to section 5.05.04 only when tenancy of the person or persons under care would not:
i. Constitute a direct threat to the health or safety of other individuals;
ii. Result in substantial physical damage to the property of others; or
iii. Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code.
7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion and subsection 4.02.02 C.
i. The site area shall not exceed 20 acres
8. Essential services, as set forth in subsection 2.01.03 G.
9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04.
10. Ancillary plants .
11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply.
d. Prohibited uses.
1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited:
i. Fighting or baiting any animal by the owner of such facility or any other person or entity.
ii. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes.
iii. For purposes of this subsection, the term baiting is defined as set forth in F.S. § 828.122(2)(a), as it may be amended from time to time.
2. Minimum yard Requirements. See subsection 4.02.01 A. Table 2.1 for the general requirements. The following are exceptions to those requirements:
a. Conforming Corner lots . Conforming corner lots , in which only one full depth setback shall be required along the shorter lot line along the street . The setback along the longer
lot line may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard . (See Exhibit A)
b. Nonconforming Corner lots . Nonconforming corner lots of record, in which only one full depth setback shall be required along the shorter lot line along the street . The setback
along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard . (See Exhibit B)
c. Nonconforming through lots , i.e. double frontage lots , nonconforming lots of record with double road frontage , which are nonconforming due to inadequate lot depth, in which case,
the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot , as measured from edge of the right-of-way .
i. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Reduced frontage along a collector or arterial roadway to
serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more
than six feet; no building thereafter erected shall project beyond the average line so established.
d. Nonconforming lots of record , which are nonconforming due to inadequate lot width , in which case the required side yard shall be computed at the rate of ten (10) percent of the
width of the lot .
(Ord. No. 06-63, § 3.C; Ord. No. 07-67, § 3.C; Ord. No. 08-11, § 3.D; Ord. No. 08-63, § 3.C; Ord. No. 10-23, § 3.E; Ord. No. 12-38, § 3.B; Ord. No. 13-56, § 3.B; Ord. No. 14-40, § 2.A;
Ord. No. 16-27, § 3.B)