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Zoning Bulletin December 25, 20091 Volume 31 No. 24 (~) Interpretation of Zoning Regulations-After categorizing use as one permitted in the district, ZBA issues'special use permit (-") --.. I 'I ~ , ~ I i I 1 I I I j I i I: Ii (. . i. \~' Adjacent landowner appeals, saying activities moredosely fall into a category prohibited in the district Citation: Keene iI. Zoning Bd. of Adjustment, 2009 WL 3485968 (Fla. Dist. Ct. App. 5thDist. 2009) , FLORIDA (10/30/09)-Ronald and Ossie Wilson owned 11.25 acres (the "Property") in a "Rural Residential" zoning district in the county. Zoning enforcement authorities learned that the Wilsons were, . without a permit, conducting a riding school and boarding and sta- bling horses (the "Horse Facility activities") to compete in "endurance trail rides", on nearby properties. Subsequently, the Wilsons applied for a special use permit ("SUP") for the Horse Facility activities. The coun- ty's zoning staff classified the Horse Facility activities as both "com" mercial:' agriculture-related uses" and as "rural recreational uses," and recommended approval of the SUP. The Zoning Board of Adjustment of the comity (the "ZBA") issued the SUP on that recommendation. Thereafter, the Wilsons' neighbor, Harold Keene, filed a lawsuit, challenging the ZBA's decision to grant the SUP. Keene argued that th~ Horse Facility activities fell within the category "commercial: agricul- ture-related," which was not allowed in the Rural Residential district. The ZBA then admitted that "rural recreational" or "agriculture- related commercial uses;' were not allowed in the Rural Residential district where the Wilsons' Property was located. Still, the ZBA said that the Horse Facility activities could be considered "resource-based recreational" uses, which were permitted in the Rural Residential dis- trict. The Wilsons also contended that the uses were either "limited agricultural, activity-based recreational, or resource-based recreational uses"-which could be perillitted in the Rural Residential district. The trial court found in favor of the Wilsons and th!= ZBA. It con- cluded that the Wilsons' Horse Facility activities were "resource-based or activity-based recreational uses." Since such uses were permitted in the Rural Residential district, the court held that they could be allowed on the Wilsons' Property by issuance of a SUP. Keene appealed. DECISION: Reversed and remanded with instructions. After deciding the case, the District Court of Appeal of Florida, Fifth District, granted a rehearing (withdrawing the original opinion, rehearing the case, and issuing a new opinion). It ultimately agreed @ 2009 Thomson Reuters 11 85