Item Coversheet



BOCC AGENDA ITEM


Item Title:LDC23-005 - Agritourism Ordinance (1st BOCC Meeting)
Date:9/25/2023
Department:Planning
Background:

Agritourism activities are defined by Section 570.86 of the Florida Statutes as “any agricultural related activity consistent with a bona fide farm, livestock operation, or ranch or in a working forest which allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own activities and attractions. 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. An activity is an agritourism activity regardless of whether the participant paid to participate in the activity.” State law (Fla. Stat. § 570.85) promotes agritourism activities as a “as a way to support bona fide agricultural production by providing a stream of revenue and by educating the general public about the agricultural industry.” Local jurisdictions are prohibited from restricting or otherwise regulating an agritourism activity on land classified as agricultural by Section 193.461 of the Florida Statutes unless the regulation is intended to address substantial off-site impacts associated with an agritourism activity. Off-site impacts include, but are not limited to, issues relating to noise, light, traffic, use of roadway facilities, and other similar impacts directly associated with the agritourism activity. 

Wineries are currently permitted by conditional use in the Open Rural zoning district as a state-licensed manufacturing facility that prepares food products. However, there is currently no allowance for the retail sale of wine products produced on site within the Open Rural zoning district which effectively prohibits a winery from selling or serving wine at the site of the facility. 

At their meeting on September 5, 2023, the Planning and Zoning Board recommended approval of this ordinance. The motion to recommend approval passed with a vote of 8-0.
Request:
Consider LDC23-005, an ordinance of the Board of County Commissioners of Nassau County, Florida amending the Land Development Code, Article 22, Open Rural (OR) zoning district, Article 28, Supplementary regulations,  Article 31, Required off-street parking and off-street loading, Article 32, Definitions, and adding Article 46, Agritourism; specifically adding development standards to minimize off-site impacts associated with agritourism uses permitted on agricultural lands; adding on-site and off-site consumption of alcohol associated with a properly permitted winery as a conditional use in the open rural zoning district; providing for findings; providing for severability; and providing an effective date.
Financial/Economic Impact to Future Years Budgeting Process or Effect on Citizens:
Minimal impacts are anticipated
Action Requested and Recommendation:
Consider LDC23-005, an ordinance of the Board of County Commissioners of Nassau County, Florida amending the Land Development Code, Article 22, Open Rural (OR) zoning district, Article 28, Supplementary regulations,  Article 31, Required off-street parking and off-street loading, Article 32, Definitions, and adding Article 46, Agritourism; specifically adding development standards to minimize off-site impacts associated with agritourism uses permitted on agricultural lands; adding on-site and off-site consumption of alcohol associated with a properly permitted winery as a conditional use in the open rural zoning district; providing for findings; providing for severability; and providing an effective date.
Is this action consistent with the Nassau County Comprehensive Land Use Plan?
Yes
Funding Source:
Fee Supported Activity

Additional Information Needed for Contracts/Agreements (If Applicable)
Contract Number assigned by Contracts Management:
N/A
For non-governmental agencies, has the document been sent to the vendor for signature?
N/A
Does the document need to be recorded? If so, who will pay the recordation fee?
N/A
Are there any special mailing instructions? (Include contact name, address, deadline for submittal, how to mail such as express mail, FedEx, etc):
N/A
How many originals are needed?
N/A

ATTACHMENTS:
DescriptionUpload DateType
LDC23-005 Staff Report9/18/2023Backup Material
LDC23-005 Attachment A-Agritourism Ordinance9/20/2023Ordinance
LDC23-005 PZB Motion Summary9/18/2023Backup Material