HomeMy WebLinkAbout12-0091
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ORDINANCE NO. 12-009
AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY
COMMISSIONERS AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE TO ADD ESSENTIAL UTILITY SERVICE
FACILITIES BY AMENDING SECTION 2.00.00 DEFINITIONS; AND BY
AMENDING SECTION 3.01.00 ZONING DISTRICT USE
REGULATIONS; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND
CODIFICATION AND AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. On August 1, 1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code and has adopted
amendments to the Land Development Code through certain ordinances.
2. The Board of County Commissioners has determined that coordination with the
transportation and utility service providers for gas, electric, water, wastewater
and stormwater services within the boundaries of unincorporated St. Lucie
County is important.
3. Transportation and utility facilities include uses and improvements that provide
essential and necessary public services that are required by their nature to be
dispersed throughout the service area, often located in residential neighborhoods
and in close proximity to other potentially incompatible uses.
4. The Board of County Commissioners proposes to allow certain public services in
all zoning districts while providing the regulations necessary to ensure
compatibility with the surrounding area.
5. On February 16, 2012, the Local Planning Agency/Planning and Zoning
Commission held a public hearing on the proposed ordinance after publishing
notice in the St. Lucie News Tribune at least 10 days prior to the hearing and
recommended that the proposed ordinance be approved.
April 17, 2012 Ordinance No.12-009
Underlined text =additions to LDC Strike through te~rt =deletions to the LDC
Page 1 of 6
JOSEPH E. SMITH, GLERK OF THE GIRGUIT GOURT
SAINT LUCIE COUNTY
FILE # 3696843 02; 24'201' at 11.13 AM
OR BOOK 3382 PAGE 2405 - 2410 Doc Typo: pRDN
REi'ORDING: $52.50
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6. On March 6, 2012, 2012, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune
on February 22, 2012.
7. On March 20, 2012 this Board held its second public hearing on the proposed
ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune
on March 9, 2012 and continued the public hearing to April 17, 2012.
8. The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, and objectives of the St. Lucie County
Comprehensive Plan and are in the best interest of the health, safety and public
welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
The St. Lucie County Land Development Code is hereby amended by deleting the
following words shown in strike-through type and adding the words shown in underlined
type:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE CAUSING THE CODE TO READ AS FOLLOWS:
CHAPTER II DEFINITIONS
2.00.00. DEFINITIONS
Essential Utility Service Facilities: Small scale infrastructure improvements located
outside transportation and utility rights-of-way that support the provision of public
facilities and services and are required to be located in or near the neighborhood where
the service is provided, including improvements that support the transmission or
distribution systems of water, sanitary or storm sewage, cable, gas, electricity, and
~ublc_safety, including poles, wires, mains, hydrants, drains, sewer lift stations, pipes,
conduits, police or fire call boxes, warning sirens, bus stops, stormwater retention or
detention facilities, chloramine injection station, potable water booster station and other
similar equipment necessary for the furnishing of adequate public service .
April 17, 2012 Ordinance No.12-009
Underlined text =additions to LDC Strike through =deletions to the LDC
Page 2 of 6
1 CHAPTER III ZONING DISTRICTS
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3 3.00.00. Zoning Districts
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5 3.01.01. Generally
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7 D. ~R,e ICDr1~TAT1~l,A~~N~ oiTii~ ~ a}~TS n-~ `"-.:~`r PUBLIC SERVICES
8 AND FACILITIES
9
10 The intent of this section is to address infrastructure improvements that provide
11 essential or important public services that by their nature may be required throughout
12 unincorporated St. Lucie County.
13
14 1. Transportation and Utility Rights-of-Way
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16 Transportation and utility rights-of-way, except for those utility rights-of-way subject
17 to review and approval under F.S. Chapter 403, Part II, and the linear portion of
18 transportation facilities, e.g., pipes, poles lines, wires, cables, conduits, pavement
19 rails, drainage and other similar equipment and accessories in connection herewith,
20 shall be permitted in all zoning districts and shall comply, as applicable, with the
21 resource protection and development standards for vegetation protection, protection
22 of environmentally sensitive lands, protection of habitat for endangered and
23 threatened species, flood damage prevention and stormwater management.
24
25 Prior to any local certification of consistency for those utility rights-of-way subject to
26 review and approval under Chapter 403, Part II, Florida Statutes, a conditional use
27 review, in accordance with the provisions of Section 11.07.03, shall be required.
28
29 2. Essential Utility Service Facilities
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31 Essential Utility Service Facilities that support the operation and function of a utility
32 service provider shall be permitted in all zoning districts, subject to compliance with
33 the provisions of this Section. For purposes of this section, the term "service
34 provider" shall mean a public entity; a Florida Public Service Commission certificated
35 utility entity, anon-regulated utility entity such as a cable television service provider,
36 or a public or aquasi-public entity, such as a community development district or
37 drainage district.
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39 a. Essential Utility Service Facilities parcels shall be exempt from the lot width, lot
40 size and road frontage requirements, but all improvements on a parcel or parcels
41 shall meet the maximum height requirements and al_I buildings and structures
April 17, 2012 Ordinance No.12-009
Underlined text =additions to LDC Strike through =deletions to the LDC
Page 3 of 6
1 shall also meet the setback requirements of the zoning district in which they are
2 located. The improvements shall comply with all resource protection and
3 development standards for vegetation protection, protection of environmentally
4 sensitive lands, protection of habitat for endangered and threatened species,
5 flood damage prevention and stormwater management. In addition, above
6 ground mechanical improvements located outside the right-of-way and adjacent
7 to residentially zoned property and road rights-of-way shall be screened by
8 landscaping with the type and location of the improvement and landscape
9 treatments to be determined at the time of permitting.
10
11 b. Essential Utility Service Facilities involving buildings or structures that shield the
12 infrastructure for aesthetic purposes or that provide storage incidental to the
13 Essential Utility Service shall be permitted upon a demonstration of compliance
14 with all applicable sections of this code, and the provisions below:
15
16 1) The cumulative area of the Essential Utility Service Facilities building or
17 structure shall not exceed 300 square feet. Essential Utility Service
18 Facilities involving buildings or structures with a cumulative total area
19 larger than 300 square feet, or not compliant with this section, shall only
20 be permitted within a zoning district when specifically listed as a permitted,
21 conditional or accessory use.
22 2) The Essential Utility Service Facilities building or structure shall comply
23 with all applicable building codes, resource protection and development
24 design standards, including landscaping and screening requirements.
25 Where necessary, the Planning and Development Services Director may
26 approve alternative plans for security purposes or to ensure compatibility
27 with the surrounding zoning district and existing uses.
28 3) Within residentially zoned areas, Essential Utility Service Facilities
29 buildings or structures shall require approval by the Planning and
30 Development Services Director. The Director shall deny any building or
31 structure that would likely create an adverse impact on neighboring
32 properties.
33
34 c. Essential Utility Service Facilities, as defined in this code, existing as of May
35 1, 2012 shall be considered permitted uses in the zoning district in which they
36 are located and allowed to continue in compliance with this code and any
37 applicable conditions of approval.
38
39 3. Public services and facilities not meeting the provisions for Transportation and
40 Utility Rights-of-way or Essential Utility Service Facilities, including but not limited
41 to those involving distribution substations, generation plants, treatment plants, or
April 17, 2012 Ordinance No.12-009
Underlined text =additions to LDC Strike through =deletions to the LDC
Page 4 of 6
1 stormwater pumping stations shall be permitted within zoning districts only when
2 listed as a permitted or conditional use. Where an Essential Utility Service
3 Facilities improvement is specifically addressed in another section of this code,
4 and conflicts with this section, the most restrictive requirements shall apply.
5
6 In the event any of the provisions of this section prohibit the installation of an
7 emergency improvement or a utility improvement required by an environmental
8 regulatory agency the Planning and Development Services Director may grant a waiver
9 of the provisions of this section upon determination that strict application would result in
10 a threat to public health, safety or welfare.
11
12 PART B. CONFLICTING PROVISIONS
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14 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie
15 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this
16 Ordinance are hereby superseded by this Ordinance to the extent of such conflict.
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18 PART C. SEVERABILITY
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20 If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
21 inoperative or void, such holding shall not affect the remaining portions of this Ordinance.
22 If this Ordinance or any provision thereof shall be held to be inapplicable to any person,
23 property, or circumstances, such holding shall not affect its applicability to any other
24 person, property or circumstances.
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26 PART D. APPLICABILITY OF ORDINANCE.
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28 This ordinance shall be applicable in the unincorporated area of St. Lucie County.
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30 PART E. CODIFICATION
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32 It is the intention of the Board of County Commissioners, and it is hereby ordained that
33 the provisions of this Ordinance shall become and be made a part of the Land
34 Development Code of the County of St. Lucie, Florida; that the Sections of this
35 Ordinance may be renumbered or re-lettered to accomplish such intentions; and that
36 the word "Ordinance" shall be changed to "Section" or other appropriate word.
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38 PART F. FILING WITH THE DEPARTMENT OF STATE
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40 The Clerk is hereby is directed forthwith to send a certified copy of this Ordinance to the
41 Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
April 17, 2012 Ordinance No.12-009
Underlined text =additions to LDC Strike through =deletions to the LDC
Page5of6
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PART G. EFFECTIVE DATE
This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the
Department of State.
PART H. ADOPTION
After motion and second, the vote on this ordinance was as follows:
Tod Mowery, Chair AYE
Paula A. Lewis, Vice Chair AYE
Commissioner Chris Craft AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 17th Day of April, 2012.
puty Clerk
BOARD OF COUNTY COMMISSIONERS,, ,.
ST. LUCIE COUNTY, FLORk®A'` ~- , `
~`
BY
Chairman ~~° ~ ,
~~'-~<;
. „~
APPROVED AS TO FORM
AND CORRECTNESS
April 17, 2012 Ordinance No.12-009
Underlined text =additions to LDC Strike through =deletions to the LDC
Page 6 of 6
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FLORIDA DEPARTMENT Of STATE
__ _ ~,
RICK SCOTT
Governor
October 13, 2014
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Sue Korunow
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. 12-009, which was filed in this office on October 13,
2014.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 Facsimile: (850) 488-9879
www.dos.state.fl.us