§ 6.11.09. Agricultural Stands

A.

Agricultural stands shall be permitted on agriculturally zoned parcels, commercially zoned parcels, and on all parcels with a current Agricultural Classification for property tax purposes as determined by the Hillsborough County Property Appraiser, irrespective of zoning category and planning area, subject to the following requirements.

B.

Permit Review Standards

1.

When applicable, proof of current Agricultural Classification for property tax purposes as determined by the Hillsborough County Property Appraiser shall be submitted for the subject parcel prior to approval of the agricultural stand permit.

2.

Only one agricultural stand shall be permitted on a parcel at any time. Agricultural stands on parcels that are 2.5 acres or less in size and developed with an existing residential use or structure shall be limited to a maximum of 150 square feet of total ground coverage for all tents, structures, trailers and open areas utilized for the display, sale or storage of merchandise by the stand; however, this ground coverage restriction shall not apply to such parcels with a current Agricultural Classification for property tax purposes as determined by the Hillsborough County Property Appraiser. Additionally, this ground coverage restriction shall not apply to stands permitted prior to February 1, 2011 through the site development review process as described in B.5 below, provided there have been no expansions or other modifications of the use.

3.

The agricultural stand permit shall be valid for a maximum of one year from date of issue. Renewal of the permit shall require submission of a complete application. Notwithstanding, agricultural stands permitted through the site development review process as described in B.5 below shall not be subject to renewal requirements provided there are no expansions or other modifications of the use.

4.

Agricultural stands shall not utilize any portion of a dwelling unit, including garages, carports and other similar attached structures. Building permits shall be obtained for all structures utilized by agricultural stands in accordance with the requirements of the Florida Building Code, unless otherwise exempted by state statute. If a tent or canopy is utilized, a tent permit shall be obtained from the Hillsborough County Fire Marshal.

5.

Agricultural stands utilizing structures which have, either alone or collectively, more than 150 square feet of total ground coverage shall be subject to site development review and shall comply with stormwater drainage, public utilities, accessibility and parking requirements, although surfacing of the parking areas with gravel, shell or other similar material shall be permitted in lieu of paving. The site shall be exempt from buffering, screening and landscaping requirements, except where it abuts residentially developed properties in which case it will be considered a Group 5 use. All structures, tents and displays shall conform with minimum building setbacks required by the zoning of the parcel.

6.

Agricultural stands utilizing structures which have, either alone or collectively, 150 square feet or less of total ground coverage, shall be exempt from site development requirements except as noted in these rules. All elements of the use, including structures, tents, displays and parking areas, shall maintain a ten-foot setback from all property lines.

7.

A site plan shall be submitted with the agricultural stand permit application clearly showing the location of existing buildings and other uses on the parcel; proposed location of the agricultural stand and setbacks from parcel boundaries; proposed and/or existing access points; and proposed parking areas. Final location of the agricultural stand on the parcel shall be subject to approval of Hillsborough County to ensure public safety and welfare.

8.

Restroom facilities shall be available for use by employees and patrons.

9.

A current Hillsborough County occupational license for retail sales valid at the proposed location of the agricultural stand shall be required if produce not grown on the parcel is to be sold. A copy of the license shall be provided prior to approval of the agricultural stand permit.

10.

If the agricultural stand will sell food other than legumes in the shell (parched, roasted or boiled) and fresh fruits and vegetables, a current food permit from the Florida Department of Agriculture authorizing the sale of such foods shall be required. A copy of the permit shall be provided prior to approval of the agricultural stand permit.

C.

Operational Requirements

1.

Principal sales shall be restricted to legumes in the shell (parched, roasted or boiled), fresh fruits and vegetables, honey, cider, jams, jellies, relishes, pickles, syrups and any processed food product primarily derived from an agricultural crop on the parcel where the stand is located, hay, unprocessed agricultural products, plants, flowers and trees. Additionally, the accessory sale of other processed or prepared foods for human consumption and bagged feed for farm animals shall be allowed provided such sales comprise no more than 49 percent of gross sales revenue per calendar year .

2.

All employees and patron vehicles shall be parked on the permitted parcel. Parking in road rights-of-way shall be prohibited and there shall be no interference with safe traffic movement on adjacent streets.

3.

Sales shall be limited to the hours between 7:00 a.m. and 10:00 p.m. except on parcels that are 2.5 acres or less in size and developed with an existing residential use or structure, where sales shall be limited to the hours between 8:00 a.m. and 6:00 p.m. However, this latter restriction shall not apply when such parcels have a current Agricultural Classification for property tax purposes as determined by the Hillsborough County Property Appraiser, nor shall it apply to stands permitted prior to February 1, 2011 through the site development review process as described in B.5 above, provided there have been no expansions or other modifications of the use.

4.

Permits shall be obtained by a licensed contractor for all electric connections.

5.

A copy of the approved agricultural stand permit and site plan shall be kept at the agricultural stand location at all times and shall be made available upon demand for inspection by Hillsborough County.

6.

All signs utilized by the agricultural stand shall comply with Hillsborough County sign regulations and permitted requirements.

D.

Failure to comply with any of the above standards or requirements shall result in revocation of the agricultural stand permit. Additionally, should it be determined by Hillsborough County the activity or associated traffic is adversely affecting public safety and welfare, or constitutes a public nuisance, the permit shall be revoked.

(Ord. No. 00-38, § 2, 11-2-00; Ord. No. 04-46, § 2, 11-4-04; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 10-26, § 2, Exh. A(10-0723), eff. 2-11-11)