Okaloosa County BOCC — September 16, 2014 — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Change to Land Development Code - Beekeeping DEPARTMENT: Growth Management BCC DISTRICT: All PUBLIC HEARING: Consideration of a request for changes to the Land Development Code (LDC) submitted by the Department of Growth Management revising Chapter 2, Section 2.21.00 “Accessory Uses and Structures”, Subsection 10 “Livestock; Poultry; Beekeeping.” Second and final adoption hearing. STAFF FINDINGS: Chapter 2 “Zoning Regulations” was substantially re-written and the revisions approved in May, 2010, including those regulations regarding livestock, poultry, and beekeeping. Since that time the Legislature amended Section 586.10, Fla. Stat. to read, in pertinent part, as follows. The authority to regulate, inspect, and permit managed honeybee colonies and to adopt rules on the placement and location of registered inspected managed honeybee colonies is preempted to the state through the department and supercedes any related ordinance adopted by a county, municipality, or political subdivision thereof. Section 586.045, Fla. Stat. further states as follows. Each beekeeper having honeybee colonies within the state shall apply to the department, on forms supplied by the department, for certificates of inspection and registration, and for annual renewal on the anniversary date of the registration. An application for renewal postmarked after the anniversary date shall be accompanied by a $10 late filing fee. This means that the regulation of beekeeping is essentially reserved unto the Florida Department of Agriculture which trumps county and city zoning regulations. The proposed change to Chapter 2 is intended to promote consistency with state law and avoid potential misreading of the county’s zoning regulations regarding beekeeping. PUBLIC COMMENT/OPPOSITION: None to date. STAFF POSITION: Staff supports the requested change to the Land Development Code. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any other facts that may be presented at the public hearing, and then decide whether or not to adopt the proposed change to Section 2.21.00, LDC by ordinance. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator