§ 6.11.39. Farm Worker Housing

A.

Location

1.

Farm worker housing may be provided on-site or off-site from a commercially productive farm, however, off-site housing not located in the AM, A, AR, AE, Res-1, RP-2 Land Use Plan categories shall be located within one mile of the site of a commercially productive farm.

2.

Farm worker housing proposed in suburban or urban plan categories allowing four units per acre or less, shall be permitted a density bonus of two units per acre. Otherwise, overall project density in suburban or urban plan categories shall not exceed that of the underlying plan category.

B.

Farm worker housing in rural and agricultural plan categories shall be limited to eight units per acre. Density shall be calculated based upon the acreage of the area described by the legal description submitted with the farm worker housing application. The subdivision of land into individual parcels shall be prohibited.

C.

Single-family conventional, manufactured home, duplex, or multi-family dwelling units or dormitories may be used. Dormitories, for purposes of density calculations, shall be calculated at 3.75 residents equaling one unit.

D.

Site Requirements

1.

Farm worker housing sites, which includes, but is not limited to, housing, parking areas, athletic fields, and/or storage structures shall provide required front, side, and rear yards of 50 feet.

2.

Where the farm worker housing site is located less than 200 feet from the zoning lot line, screening equal to that specified under 6.06.06 shall be provided between the site and adjacent parcels under different ownership that are residentially developed. However, screening shall not be required in such cases for storm water facilities serving the farm worker housing.

3.

All structures containing dwelling units shall be located a minimum of ten feet apart.

4.

All access drives serving the farm worker housing site shall be packed shell, gravel, or a similar material which will provide a relatively dust free surface.

5.

All farm worker housing shall provide adequate sewage disposal and water supply systems which meet all Federal, State, and local requirements.

6.

All farm worker housing shall be maintained in a neat, orderly and safe manner.

E.

Renewal

1.

Property owners or housing providers shall provide an affidavit that the housing will be limited to housing for farm workers or their dependents. Farm worker housing may be sold or rented to non-farm workers, but only in accordance with Affordable Housing guidelines under 6.11.07.

2.

The farm worker housing approval shall be valid for two years. Farm worker housing extensions shall be renewed upon certification in the form of an affidavit that the housing continues to be farm worker housing only. It shall be the responsibility of the housing provider or property owner to provide the certification in a timely manner.

3.

If for any reason the approval is not renewed, the dwelling units which exceed the density of the Comprehensive Plan must be removed within 90 days of written Notification from the County, or certain units may remain if converted for sale or rent as Affordable Housing in accordance with 6.11.07.

4.

Prior approval of a farm worker housing permit through a conditional use, variance, or special use process shall not be used as a precedent for an increase in density on either all or a portion of the property as part of any future rezoning petition.

F.

Conditional Use Permit (Administrative Review)

1.

All farm worker housing projects located in the agricultural and rural land use categories shall be administratively reviewed in accordance with the procedures found in Part 10.01.00 of this Code. Approval shall be subject to compliance with all requirements of this Section and other applicable regulations of this Code.

2.

If a project does not conform with the requirements of this Section, the project shall be reviewed as a Special Use in accordance with the procedures and requirements described in Section G.

G.

Special Use Permit

1.

All farm worker housing in the suburban and urban future land use plan categories shall be reviewed in accordance with the procedures for a Special Use Permit in Part 10.02.00 of this Code.

2.

Factors to be Considered

The project shall comply with requirements A through E of this section and with other applicable regulations of this Code. Additionally, if the project is located in suburban or urban future land use categories, the Land Use Hearing Officer shall be required to make a finding of compatibility of the proposed farm worker housing with existing and planned land uses as stipulated in the Future of Hillsborough Comprehensive Plan. In making a determination of compatibility, the Land Use Hearing Officer shall consider the following:

a.

The nature of existing and planned land uses.

b.

Compatibility with the development and character of the existing neighborhood.

c.

The number of acres, the number of units, and the overall density of the proposed farm worker housing development.

d.

The effect of increased traffic generation on existing and planned land uses.

e.

The availability of and proximity to schools, hospitals and other health care facilities, transportation to and from employment, social services, retail activities, and recreational uses such as parks and playgrounds to the residents of a farm worker housing project and their family members.

3.

Imposition of Reasonable Conditions

If necessary to mitigate the impact of the farm worker housing on residential land uses in the area, reasonable conditions upon the farm worker housing project designed to mitigate the impact of the farm worker housing on residential land uses in the area may be imposed by the Land Use Hearing Officer.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 00-21, § 2, 5-18-00; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 10-9, § 2, Item H(10-0177), 5-27-10, eff. 10-1-10)