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Hialeah, FL Right to Farm: Agricultural Zoning Protection (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Permitted ag uses
farms, dairies, poultry, orchards, nurseries
Trailer park minimum
10 acres + state health approval
Roadside stand setback
25 feet from property line
Building height cap
2½ stories or 35 feet
Yard standards
same as R-1 district

Summary

Hialeah still carries an A agricultural zoning district under Code Sec. 98-451, permitting farms, nurseries, greenhouses, orchards, dairies and cattle and poultry raising by right alongside one-family homes. The district is use-restricted rather than a broad right-to-farm shield: land zoned A can be used only for the purposes the section lists, and nothing else.

(a)In the A agricultural district, the following uses shall be permitted:(1)One-family residences.(2)Accessory buildings and uses incidental to each single-family residence when placed on the same lot or parcel of land and not used or operated commercially or for industry.(3)Agricultural uses, such as farms, nurseries, greenhouses, fishing worm raising, tropical fish, orchards, aviaries; or raising of field crops, tree crops, berry or bush crops; vegetable or flower gardening on a commercial scale; dairies; and cattle and poultry raising.(4)Schools, churches, playgrounds, drive-in theaters, country clubs and trailer parks; provided, however, that no plans for trailer parks shall be approved unless there is a minimum area of not less than ten acres, but no plans shall be approved until approved by the state health department.(5)A temporary roadside stand, for the sale of perishables grown on such property, which stand must maintain a setback of 25 feet from the property line.(b)Areas zoned for agricultural uses shall be used only for those purposes enumerated in this section and for similar uses.

Full Breakdown

Hialeah's zoning code preserves a dedicated A agricultural district in Division 2 of Chapter 98, and Sec. 98-451(a) spells out exactly what can operate there: one-family residences, accessory buildings incidental to a single-family residence, and a broad slate of agricultural uses including farms, nurseries, greenhouses, fishing worm raising, tropical fish, orchards, aviaries, field crop and tree crop production, berry or bush crops, commercial-scale vegetable or flower gardening, dairies, and cattle and poultry raising. The district also allows schools, churches, playgrounds, drive-in theaters, country clubs and trailer parks, though trailer parks need at least ten acres and state health department approval before the city will approve plans.

A temporary roadside stand selling produce grown on the same property is permitted too, provided the stand keeps a 25-foot setback from the property line. ' Dimensionally, the A district borrows its yard and floor-area standards directly from the R-1 one-family district under Secs. 98-454 through 98-457, and building height is capped at 2½ stories or 35 feet under Sec. 98-452, except for church spires and similar appurtenances.

Violations & Fines

A use not on the Sec. 98-451(a) list, commercial hog operations, slaughterhouses, or industrial processing, for example, is not permitted in the A district regardless of how agricultural it sounds, and operating one without a rezoning or variance exposes the property to a code enforcement case and potential cease-and-desist order from the city.

Frequently Asked Questions

Does Hialeah still have land zoned for agriculture?
Yes. Code Sec. 98-451 establishes an A agricultural district that permits farms, nurseries, greenhouses, orchards, dairies, and cattle and poultry raising alongside one-family homes. It's a narrow use district, not a citywide right-to-farm protection, so only the listed uses and similar ones are allowed on A-zoned land.
Can I sell produce from a roadside stand on agriculturally zoned property?
Yes, Sec. 98-451(a)(5) allows a temporary roadside stand selling perishables grown on the same property, but the stand itself must keep a 25-foot setback from the property line. Selling goods not grown on-site is outside what this section authorizes.
What building height applies in Hialeah's A agricultural district?
Sec. 98-452 caps buildings at 2½ stories or 35 feet, the same limit as the R-1 one-family district, with an exception for church spires, towers, steeples and similar appurtenances that exceed 35 feet.

Sources & Official References

Other rules in Hialeah

All Hialeah rules

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