§ 5-46. Criteria for farm claims.

The criteria set forth below shall be considered in both the administrative determination and in the hearing by the hearing officer, recognizing that the general intent of the "Right to Farm Act" is to preserve productive land for agricultural purposes and to protect established farmers from the demands of sprawling urban development. The applicant shall not be required to show that the applicant meets all of the criteria. However, the applicant shall be required to show that the applicant meets a sufficient number of the criteria under the particular circumstances for the Department or the hearing officer to determine that the applicant's property is a farm.

(a)

The applicant can demonstrate that there are clearly identifiable farm products, as defined in Section 39-4 of the Zoning Code and Section 5-43 of the Broward County Code of Ordinances, resulting from the farm operation.

(b)

The proportion of the gross acreage of the land used for agricultural purposes and the intensity of that agricultural purpose as compared to any residential or other non-agricultural uses which are also present on the land.

(c)

Whether the parcel in question is comparable to similar farm operations of the same type in the community which are classified as agricultural pursuant to Section 193.461, Florida Statutes, as amended, or which have been determined to be a farm pursuant to Section 5-45 of the Broward County Code of Ordinances.

(d)

Whether a Schedule "F" or other Federal Income Tax return has been filed in connection with any farm income and expenditures.

(e)

The length of time the land has been used for agriculture by the current operator and the level of agricultural activity achieved commensurate to this time period.

(f)

The amount of time, effort, and capitalization invested in the agricultural use of the land.

(g)

Membership or involvement with agricultural associations, such as the Farm Bureau, the Nursery and Growers Association, breed societies, or other organizations which may be specific to various forms of agriculture.

(Ord. No. 2001-17, § 1, 5-22-01; Ord. No. 2009-29, § 1, 5-12-09)