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HomeMy WebLinkAbout16-012ORDINANCE NO. 2016-012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, AMENDING SUBSECTION 7.10.03.A (ANIMALS IN RESIDENTIAL DISTRICTS) OF THE ST. LUCIE COUNTY LAND DEVELOPMENT, BY INCREASING THE MAXIMUM NUMBER OF DOGS AND/OR CATS FOUR (4) MONTHS OF AGE OR OLDER FOR ANY DWELLING UNIT FROM THREE (3) TO FIVE (5) AND FURTHER DEFINING "RESIDENTIAL DISTRICTS" FOR THE PURPOSES OF THIS SECTION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION WHEREAS, the Animal Shelter Standards Advisory Committee has recommended to the Board of County Commissioners of St. Lucie County, Florida, that Subsection 7.10.03.A of the Land Development Code be amended to increase the number of dogs and/or cats over the age of four (4) months permitted per dwelling unit in residential districts from three (3) to five (5); and, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt ordinances and resolution necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 3. On May 19, 2016, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing a notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing and recommended that the proposed ordinance be adopted. 4. On July 5, 2016, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance. 5. On July 26, 2016, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Underlined words are added. StFUGI( thFeush words are deleted. 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4222503 08/22/2016 01:04:54 PM OR BOOK 3904 PAGE 212 - 214 Doc Type: ORDN RECORDING: $27.00 PART A. The specific amendments to the St. Lucie County Land Development Code are as follows: CHAPTER VII. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.03. Animals in Residential Districts. A. Except as provided in this Section, no animals shall be kept in any residential district except those animals generally recognized as household pets, such as dogs, cats, caged birds, etc. In any residential district, no more than a total of three (3) five 5 dogs and/or cats four (4) months or older shall be allowed for each dwelling unit. For the purposes of this section "residential districts" shall not include the following• AG -1• AG -2.5; AG -5• AR -1 with agricultural classification pursuant to Section 193.461, Florida Statutes; or PUD where livestock is permitted. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on the date of adoption. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Underlined words are added. StFUGI- thFeug4 words are deleted. 2 Commissioner Kim Johnson, Chairman AYE Commissioner Chris Dzadovsky, Vice Chairman AYE Commissioner Tod Mowery ABSENT Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 26th day of July, 2016. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COU,YdTY,ORI Underlined words are added. -Stu el( th,-„„„h words are deleted. BY: APPROVED AS TO FORM AND CORRECTNESS: BY: ckma, Amir County Attorney 3 W 197.'m i RICK SCOTT Governor August 2, 2016 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Melissa Upton Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2016-012, which was filed in this office on August 2, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.ft.us