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HomeMy WebLinkAbout11-0151 2 3 4 ORDINANCE NO. 11-015 File No. TLDC - 320114223 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE CHAPTER 3.01.03, ZONING DISTRICT REGULATIONS, TO ADD LANDSCAPE AND HORTICULTURAL SERVICES (SIC 078) AS A PERMITTED USE IN THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR APPLICABILITY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. DGC Environmental Services Inc. has requested an amendment to Land Development Code Industrial, Light Zoning District to allow landscaping and horticultural services (078) as a permitted use. 2. Section 163.3201, Florida Statutes, provides for the adoption and enforcement of regulations on development, based upon the Comprehensive Plan for St. Lucie County. 3. On August 1, 1990, this Board enacted the St. Lucie Land Development Code to further and implement the Comprehensive Plan for St. Lucie County which calls for the regulation of land development. 4. On March 17, 2011, 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. 5. On April 5, 2011, 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 10 days prior to the hearing. 6. On April 19, 2011, 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 10 days prlOr t0 the hearing. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3585505 04/27/2011 at 03:52 PM OR BOOK 3288 PAGE 432 - 437 Doc Type: ORDN RECORDING: $52.50 April 19, 2011 lance No. 11-015 File No.: TLDC-320114223 Page 1 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of 2 I St. Lucie County, Florida: PART A. The St. Lucie County Land Development Code is hereby amended by adding the following words shown in underlined type: CHAPTER III ZONING DISTRICTS 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT 1. Purpose The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the' surrounding area, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Business services (73) b. Communications -including telecommunication towers -subject to the standards of Section 7.10.23 (48) c. Construction services: (1) Building construction -general contractors (15) (2) Other construction -general contractors (16) (3) Construction -special trade contractors (17) d. Engineering, architectural and surveying services (871) e. Commercial fishing (091) f. Laundry, cleaning & garment services (721) g. Local & suburban transit (41) h. Manufacturing: (1) Food and kindred products (20) (2) Tobacco products (21) (3) Textile mill products (22) (4) Apparel & other finished products (23) (5) Furniture & fixtures (25) April 19, 2011 Ordinance No. 11-015 File No.: TLDC-320114223 Page 2 1 (6) Printing, publishing and allied industries (27) 2 (7) Drugs (283) 3 (8) Leather & leather products (31) 4 (9) Glass: 5 (a) Flat glass (321) g (b) Glass & glassware -pressed or blown (322) 7 (c) Glass products -made of purchased glass (323) 8 (10) Fabricated metal prod. -except machinery & transport. equip.: g (a) Metal cans & shipping containers (341) 10 (b) Cutlery, handtools & general hardware (342) 11 (c) Heating equipment, except electric and warm air, and plumbing 12 fixtures (343) 13 (d) Fabricated structural metal products (344) 14 (e) Coating, engraving & allied services (347) 15 (f) Miscellaneous fabricated metal products - 16 (1) Wire products (3495) 17 (2) Misc. fabricated wire products (3496) 1 g (3) Metal foil & leaf (3497) 1 g (4) Fabricated metal products -NEC (3499) 20 (11) Industrial/commercial machinery & computer equipment: 21 (a) Metalworking machinery & equipment (354) 22 (b) Special industry machinery, except metalworking machinery 23 (355) 24 (c) General industrial machinery & equipment (356) 25 (d) Computers & office equipment (357) 26 (12) Electronic & other electrical equipment and components, except 27 computer equipment: 28 (a) Household appliances (363) 2g (b) Electric lighting & wiring equipment (364) 30 (c) Household audio & video equipment (365) 31 (d) Communications equipment (366) 32 (e) Electronic components & accessories (367) 33 (f) Misc. electrical machinery equipment & supplies (369) 34 (13) Measuring, analyzing and controlling instruments (38) 35 (14) Photographic, medical and optical goods (38) 36 (15) Watches & clocks (38) 37 (16) Misc. manufacturing industries: 38 (a) Jewelry, silverware, and platedware. (391) 39 (b) Musical instruments and parts. (393) 40 (c) Dolls, toys, games & sporting goods (394) 41 (d) Pens, pencils, & other office & artists' materials. (395) 42 (e) Costume jewelry, costume novelties, and notions. (396) April 19, 2011 Ordinance No. 11-015 File No.: TLDC-320114223 Page 3 1 (f) Brooms and brushes. (3991) 2 (g) Signs and advertising displays. (3993) 3 (h) Morticians goods. (3995) 4 (i) Manufacturing industries, NEC. (3999) 5 (17) Plastic products -fabrication, molding, cutting, extrusion, and injection g processing. (308) 7 i. Marinas (4493) 8 j. Millwork and structural wood members. (243) 9 k. Motion pictures (78) 10 I. Motor freight transportation & warehousing. (42) 11 m. Repair services: 12 (1) Automotive & automotive parking (75) 13 (2) Electrical (762) 14 (3) Watch, clock & jewelry repair (763) 15 (4) Reupholstery & furniture repair (764) 16 (5) Misc. repairs & services (769) 17 n. Retail trade: 1 g (1) Lumber & other building materials (521) 19 (2) Paint, glass & wallpaper (523) 20 (3) Hardware (525) 21 (4) Nurseries, lawn & garden supplies (526) 22 (5) Mobile home dealers (527) 23 (6) Automotive/boat/RV/motorcycle dealers (55) 24 (7) Gasoline service (55) 25 (8) Furniture & furnishings (57) 26 0. Research, development, and testing services. (873) 27 p. Ship, boat building & repairing -less than forty-five (45) ft. (373) 28 q. Sorting, grading & packaging services -citrus/vegetables (0723) 29 r. Vocational Schools (824) 30 s. Wholesale trade -durable goods: 31 (1) Motor vehicle and automotive equipment. (501) 32 (2) Furniture and home furnishings.(502) 33 (3) Lumber and other building materials. (503) 34 (4) Professional & commercial equipment/supplies. (504) 35 (5) Metals & minerals except petroleum. (505) 36 (6) Electrical goods. (506) 37 (7) Hardware, plumbing and heating equipment, and supplies. (507) 38 (8) Machinery, equipment, and supplies. (508) 39 (9) Misc. durable goods: 40 (a) Sporting and recreational goods (5091) 41 (b) Toys & hobby goods (5092) 42 (c) Jewelry, watches, precious stones & metals. (5094) April 19, 2011 Ordinance No. 11-015 File No.: T LDC-320114223 Page 4 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (d) Durable goods NEC (5099) :. Wholesale trade -nondurable goods: (1) Paper and paper products. (511) (2) Drugs (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) (5) Farm products -raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies (5191) (b) Books, periodicals & newspapers (5192) (c) Flowers, nursery stock & florists' supplies (5193) (d) Tobacco/tobacco products (5194) (e) Paints, varnishes & supplies (5198) (f) Nondurable goods, NEC (5199) u. Mobile food vendors (999) v. Single family detached dwelling units provided that the single family dwelling unit is located on an existing lot or parcel or record, as further defined in this code, that was existing on or before August 1, 1990. (999) x Landscape and horticultural services. (078) 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. April 19, 2011 File No.: TLDC-320114223 Ordinance No. 11-015 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3 36 37 38 39 40 41 42 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 upon adoption by the Board of County Commissioners. PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, 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. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Craft, Chairman AYE Chris Dzadovsky, Vice Chairman NAY Paula A. Lewis, Commissioner AYE Frannie Hutchinson, Commissioner AYE Tod Mowery, Commissioner AYE PASSED AND DULY ADOPTED this 19th day of April, 2011. ~~~'~~~ BOARD COUNTY COMMISSIONERS ATTEST: ~..~ ,, ~' . ""' ~a~ ~ ~'° ~ ~~~~, S U IE C , FL IDA ti~ s =. ~+~ 'ma'r: - : ~ , ~lt._ Clerk ~.1g^~ County Attorney April 19, 2011 File No.: TLDC-320114223 // ~; , ; -, ~ ~ CORRE~TN~, °~.~ F ~ ~z. ,.~ t ~ {, ', ~~.'• y F / ,- Ordinary Np~ ~.,1~--015, ~ ~ `'.f Paged ~~~ . ,,~ RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING Governor Secretary of State May 4, 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: b Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter Apri126, 2011 and certified copy of St. Lucie County Ordinance No. 11-015, which was filed in this office on May 2, 2011. Sincerely, ` C~~~-~ Liz Clou Program Administrator LC/vm DIRECTOR'S OFFICE R.A. 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