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Home My WebLink About11-012 1 ORDINANCE NO. 11-012 2 3 Text Amendment to the Land Development Code 4 s AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 6 LUCIE COUNTY, FLORIDA, TO AMEND THE TEXT OF THE LAND ~ DEVELOPMENT CODE TO INCLUDE METEOROLOGICAL TOWERS AS 8 PERMITTED TEMPORARY USES AND STRUCTURES IN THE AG-5 9 (AGRICULTURAL - 5) ZONING DISTRICT; PROVIDING FINDINGS; to PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR 11 SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR 12 FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR 13 AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. ~ 14 is WHEREAS, the Board of County Commissioners has made the following 16 determinations: 17 is 1. The Board is authorized by Section 125.01(1)(h), Florida Statutes to 19 establish, coordinate and enforce zoning and such regulations as are 20 necessary for the protection of the public. 21 22 2. This Board is authorized by Section 125.01(1)(t), Florida Statutes to adopt 23 ordinances and resolutions necessary for the exercise of its powers and to 24 prescribe fines and penalties for the violations of ordinances in accordance 2 s with law. 26 27 3. On August 1, 1990, the Board of County Commissioners of St. Lucie County 2s Florida adopted the St. Lucie County Land Development Code. 29 30 4. On March 17, 2011, the Planning and Zoning Commission held a public 31 hearing on the proposed ordinance after publishing notice in the St. Lucie 32 News Tribune on February 28, 2011. 33 34 5. On May 3, 2011, the Board of County Commissioners held its first public 35 hearing on the proposed ordinance, after publishing a notice of such hearing 36 in the St. Lucie News Tribune on April 20, 2011. The hearing was continued 37 to the July 5, 2011 Board of County Commissioners meeting. 38 39 6. On August 2, 2011 the Board of County Commissioners held its second 4o public hearing on the proposed ordinance, after publishing a notice of such 41 hearing in the St. Lucie News Tribune on July 21, 2011. 42 43 7. The proposed amendment to the St. Lucie County Land Development Code 44 is consistent with the general purpose, goals, objectives and standards of JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE p 3620869 08!22/2011 at 02:40 PM OR BOOK 3317 PAGE 2162 - 2166 Doc Type: ORDN RECORDING: $44.00 1 the St. Lucie County Comprehensive Plan and are in the best interest of the 2 health, safety and public welfare of the citizens of St. Lucie County, Florida. 3 4 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of s St. Lucie County, Florida: 6 ~ A. The specific amendment to the St. Lucie County Land Development s Code to read as follows in underline format: 9 to CHAPTER II DEFINITIONS 11 12 2.00.00 Definitions 13 14 Meteorological Towers: a structure consisting of a tower foundation, tower, is equipment shelter, guy wires and assorted instruments and equipment 16 measuring wind speed and ambient weather conditions. 17 la CHAPTER VIII ACCESSORY AND TEMPORARY STRUCTURES AND 19 USES 20 21 8.02.02 Particular Temporary Uses Permitted 22 23 Permitted temporary uses include: 24 2s K. Meteorological Towers, subject to the following 26 27 1. Meteorological tower installations for a temporary period not to 2 a exceed three (3) years may be authorized by the Director of Planning 29 and Development Services within AG-5 zoning district. ' 30 31 2. The meteorological tower and equipment shelter (not to exceed 500 32 square feet in size), shall be enclosed within a minimum six (6) foot 33 high fence or wall. 34 35 3. The meteorological tower shall not exceed eighty (80) meters in 36 height, as measured from existing grade and shall be set back a 37 minimum distance of 110% of the overall height of the tower from all 3a property lines. 39 40 4. Meteorological towers shall have a galvanized, rust resistant steel 41 finish and shall conform with the voluntary marking requirements for 42 meteorological evaluation towers set forth in the June 24, 2011 i 43 recommendations issued by the Federal Aviation Administration, August 2, 2011 Ordinance No. 11-012 File No. TLDC 1020104148 Page 2 ~ published in "The Federal Register" as "Marking Meteorological 2 Evaluation Towers", and any related Advisory Circular or federal 3 regulation which may be adopted by the Federal Aviation 4 Administration. 5 s 5. No meteorological tower shall have any signage, flags, banners, ~ writing or decorative items that may be construed as advertising. s 9 6. There shall be no co-location of antennas or other forms of io telecommunication devices or apparatus placed upon the tower at an ime. 12 13 7. An FAA issued Determination of Non-Hazard shall be submitted with 14 the construction drawings for a building permit. Any compliance i5 conditions issued as a result of the determination shall be addressed ~6 within the construction drawings. i~ is 8. All construction drawings submitted for a building permit shall be 19 signed and sealed by a State of Florida licensed engineer as a 20 component of the building permit application. 21 22 9. The meteorological tower site shall be accessed via an all weather 23 surface within the road right-of-way. 24 25 10. Landscaping per Chapter 7, including but not limited to standards for 26 telecommunication tower screening per Section 7.10.23(G) and ii 27 vehicular use area screening per Section 7.09.04(C), will be required 2$ unless it is determined by the Environmental Resources Department 29 Director that application of these regulations will not meet the intent of 3o this Code as a result of use, traffic patterns, drainage, or other issues 31 of configuration. Existing native vegetation may be utilized to meet 32 landscaping requirements. 33 34 11. When locating meteorological towers, reasonable efforts shall be 35 made to avoid and minimize impacts to native vegetation. 'i 36 37 12. Avian, bat and wildlife monitoring equipment shall be permitted to be 3a located upon the tower and equipment shelter. 39 40 13. The operator or owner of the meteorological tower and equipment 41 shelter shall provide surety in the form and amount to be approved by 42 the County Attorney to ensure removal of the meteorological tower 43 and equipment. The surety shall be provided to the County prior to I August 2, 2011 Ordinance No. 11-012 File No. TLDC 1020104148 Page 3 1 the issuance of the building permit. Once the meteorological tower 2 and equipment shelter have been removed from the site subject to a 3 demolition permit, the County shall release the surety to the owner or 4 Operator. 5 6 B. CONFLICTING PROVISIONS ~ I s Special acts of the Florida Legislature applicable only to unincorporated 9 areas of St. Lucie County, County Ordinances and County Resolutions, or to parts thereof, in conflict with this Ordinance are hereby superseded by this 11 Ordinance to the extent of such conflict. 12 ' 13 C. SEVERABILITY 14 15 If any portion of this Ordinance is for any reason held or declared to be 16 unconstitutional, inoperative or void, such holding shall not affect the 17 remaining portions of this Ordinance. If this Ordinance or any provision la thereof shall be inapplicable to any person, property, or circumstances, such ' 19 holding shall not affect its applicability to any other person, property or i 20 circumstance. 21 22 D. APPLICABILITY OF ORDINANCE ' 23 24 This Ordinance shall be applicable in the unincorporated area of St. Lucie z5 County. 26 27 E. FILING WITH THE DEPARTMENT OF STATE 2a 29 The Clerk is hereby directed forthwith to send a certified copy of this 3o Ordinance to the Bureau of Laws, Department of State, The Capitol, 31 Tallahassee, Florida, 32304. 32 33 F. EFFECTIVE DATE 34 35 This ordinance shall take effect upon filing with the Department of State. 36 3 ~ G. ADOPTION 38 39 After motion and second, the vote on this Ordinance was as follows: 40 41 42 43 August 2, 2011 Ordinance No. 11-012 File No. TLDC 1020104148 Page 4 1 Chris Craft, Chairman AYE 2 ~ 3 Chris Dzadovsky, Vice Chairman AYE 4 s Paula A. Lewis, Commissioner AYE 6 7 Frannie Hutchinson, Commissioner AYE s 9 Tod Mowery, Commissioner AYE to 11 PASSED AND DULY ADOPTED this 2nd day of August, 2011. 12 13 ' 14 BOARD OF COUNTY COMMISSIONERS is ST. LUCIE UNTY, LORIDA 16 17 I 19 ~ " BY I 20 ~ ' y, ha' n 21 j, ; 2 2 . ~ 2 3 ~ , ~M 24 AT~F~,ST, ~ APPROVED AS TO FORM AND ~.x 2s 'n~~ u~ - CORRECTNESS: ~ y ~ , ' T Y~y 28 2 9 ~!-"~r-- 3o D puty Clerk County Attorney 31 32 II August 2, 2011 Ordinance No. 11-012 File No. TLDC 1020104148 Page 5 RICK SCOTT Governor August 30, 2011 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Ave Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: KURT S. BROWNING Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated August 19, 2011 and certified copies of St. Lucie County Ordinance Nos. 11-012 and 11-026, which were filed in this office on August 24, 2011. Sincerely, C_~ 1 Liz Clou Program Administrator LC/vm .~ VIUA FLORIDA 500_ R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: 850.245.6600 Facsimile: 850.245.6282 http://info.florida.gov Coinmeniorating S00 years of Florida History www.fla500.com UIUA ~~ORIDA500. DIVISION OF LIBRARY AND INFORMATION SERVICES