HomeMy WebLinkAbout10-0341 ORDINANCE NO. 10-034
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3 AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY
4 COMMSISSIONERS AMENDING THE ST. LUCIE COUNTY LAND
5 DEVELOPMENT CODE REGARDING SOLAR ENERGY BY AMENDING
6 SECTION 2.00.00 DEFINITIONS; BY AMENDING SECTION 3.01.03
7 ZONING DISTRICTS; BY AMENDING SECTION 4.03.03 LIMITATIONS
8 ON LAND USE APPLICATIONS AND 4.03.05 RESEARCH AND
9 EDUCATION PARK OVERLAY ZONE USE LIMITATIONS; BY
10 CREATING SECTION 7.10.28 SOLAR ENERGY SUPPLEMENTAL
11 STANDARDS; BY AMENDING SECTION 8.00.03 PARTICULAR
12 PERMITTED ACCESORY STRUCTURE AND USES IN RESIDENTIAL,
13 AGRICULTURAL, AND PLANNED UNIT DEVELOPMENTS;
14 PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
15 APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT
16 OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND
17 AN EFFECTIVE DATE
18
19 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
20 made the following determinations:
21
22 1. The Board of County Commissioners has declared the utilization of sustainable
23 practices a matter of public policy. This includes a commitment to protecting
24 natural resources and providing an environment to reduce reliance and
25 expenditures on non-renewable resources in the County.
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27 2. Solar energy is an abundant, renewable, and nonpolluting energy resource and
28 its conversion to electricity will reduce our dependence on non-renewable energy
29 resources and decrease the air and water pollution resulting from conventional
30 energy resources.
31
32 3. On August 1, 1990, the Board of County Commissioners of St. Lucie County,
33 Florida, adopted the St. Lucie County Land Development Code and has adopted
34 amendments to the Land Development Code through certain ordinances.
35
36 4. On September 8, 2009, the Board of County Commissioners adopted a
37 Greenprint plan that promotes an increase in renewable energy resources and
38 low carbon emitting electrical power to guide the County towards a sustainable
39 future.
40
41 5. On September 16, 2010, the Local Planning Agency/Planning and Zoning
42 Commission held a public hearing on the proposed ordinance after publishing
November 9, 2010 Ordinance No.10-034
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3535522 11/18/2010 at 12:53 PM
OR BOOK 3247 PAGE 1001 - 1017 Doc Type: ORDN
RECORDING: $146.00
1 notice in the St. Lucie News Tribune at least 10 days prior to the hearing and
2 recommended that the proposed ordinance be approved.
3
4 6. On October 19, 2010, this Board held its first public hearing on the proposed
5 ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune
6 on October 5, 2010.
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8 7. On November 9, 2010, this Board held its second public hearing on the proposed
9 ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune
10 on November 1, 2010.
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12 8. The proposed amendments to the St. Lucie County Land Development Code are
13 consistent with the general purpose, goals, and objectives of the St. Lucie County
14 Comprehensive Plan and are in the best interest of the health, safety and public
15 welfare of the citizens of St. Lucie County, Florida.
16
17 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
18 St. Lucie County, Florida:
19
20 The St. Lucie County Land Development Code is hereby amended by deleting the
21 following words shown in strike-through type and adding the words shown in underlined
22 type:
23
24 PART A.
25
26 THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
27 CODE CAUSING THE CODE TO READ AS FOLLOWS:
28
29 CHAPTER II DEFINITIONS
30
31 2.00.00. DEFINITIONS
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33 Height: The vertical distance between the minimum finished grade and the highest
34 finished main roof surface in the case of flat roofs or shed roofs, the deck line of
35 mansard roof and the average distance between the eaves and the ridge of sloped roo~
36 with a pitch greater than a 4:12 ratio. For the purpose of this Code, minimum finishec
37 grade shall be that elevation, for both residential and nonresidential uses, required tc
38 meet minimum flood protection regulations. For the purposes of this code, roo
39 mounted solar energv panels are exempt from the building height limitations.
40
41 Solar Access The access of a solar energv system to direct sunlight.
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November 9, 2010 Ordinance No.10-034
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Solar Generation Station: An energv generation facility comprised of one or more
freestanding, ground mounted devices that capture solar energv and convert it to
electrical energv for use in locations other than where it is generated. Solar generation
stations typically utilize photovoltaic solar cells, but can also be combinations of light
reflectors concentrators, and heat exchangers. A solar generation station is also known
as a solar plant, solar generation plant, solar farm, solar power plant, or solar thermal
power plant.
Solar Energy System: Any device or combination of devices or elements which rely
upon direct sunlight as an energy source, including but not limited to any substance or
device which collects sunlight for use in the heating or cooling of a structure or building,
the heating or pumping of water, or the generation of electricity. A solar energv system
may be used for purposes in addition to the collection of solar energy. These uses
include but are not limited to, serving as a structural member or part of the roof of a
building or structure and serving as a window or wall. A solar energv system may be
mounted on the building or on the ground and is not the principal use of the property.
CHAPTER III ZONING DISTRICTS
3.01.03. Zoning Districts
Solar energv systems, subject to the requirements of Section 7.10.28, are hereby added
to the list of accessory uses in all zoning districts.
A. AG-1 AGRICULTURAL - 1
1. Purpose
Purpose. The purpose of this district is to provide and protect an environment suitable
for productive commercial agriculture, together with such other uses as may be
necessary to and compatible with productive agricultural surroundings. Residential
densities are restricted to a maximum of one (1) dwelling unit per gross acre. The
number in "Q" following each identified use corresponds to the SIC code reference
described in Section 3.01.02(6). 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. Agricultural production -crops (01)
b. Agricultural production -livestock 8~ animal specialties (02)
c. Agricultural services (07)
d. Family day care homes. (999)
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Ordinance No.10-034
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e. Family residential homes provided that such homes shall not be located within a
radius of one thousand (1,000) feet of another existing such family residential home
and provided that the sponsoring agency or Department of Health and Rehabilitative
Services (HRS) notifies the Board of County Commissioners at the time of home
occupancy that the home is licensed by HRS. (999)
f. Fishing, hunting & trapping (09)
g. Forestry (08)
h. Kennels. (0752)
i. Research Facilities, Noncommercial (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in
Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with
Table 1 in Section 7.04.00.
5. Off-street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping requirements are subject to Section
7.09.00.
7. Conditional Uses.
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and takeoff fields. (4581)
d. Family residential homes located within a radius of one thousand (1,000) feet of
another such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals (287)
(2) Food & kindred products (20)
(3) Lumber & wood products, except furniture (24)
i. Mining and quarrying of nonmetalic minerals, except fuels. (14)
j. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel & accessory stores. (56)
k. Sewage disposal subject to the requirements of Section 7.10.13. (999)
November 9, 2010 Ordinance No.10-034
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1 I. Telecommunication Towers -subject to the standards of Section 7.10.23 (999)
2 m. Camps -sporting and recreational. (7032)
3 n Solar generation station subject to the requirements of Section 7.10.28 (999).
4
5 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00,
6 and include the following:
7
8 a. Mobile homes subject to the requirements of Section 7.10.05.
9 b. Retail trade and wholesale trade -subordinate to the primary authorized use or
10 activity.
11 c. Guest house subject to the requirements of Section 7.10.04. (999)
12 d Solar energy system subject to the requirements of Section 7.10.28 (999).
13
14 8. AGRICULTURAL - 2.5.
15
16 1. Purpose. The purpose of this district is to provide and protect an environment
17 suitable for productive commercial agriculture, together with such other uses as may
18 be necessary to and compatible with productive agricultural surroundings.
19 Residential densities are restricted to a maximum of one (1) dwelling unit per two
20 and one-half (2.5) gross acres. The number in "( )" following each identified use
21 corresponds to the SIC code reference described in Section 3.01.02(B). The number
22 999 applies to a use not defined under the SIC code but may be further defined in
23 Section 2.00.00 of this Code.
24
25 2. Permitted Uses:
26 a. Agricultural production -crops. (01)
27 b. Agricultural production -livestock and animal specialties. (02)
28 c. Agricultural services. (07)
29 d. Family day care homes. (999)
30 e. Family residential homes provided that such homes shall not be located within a
31 radius of one thousand (1,000) feet of another existing such family residential home
32 and provided that the sponsoring agency or Department of Health and Rehabilitative
33 Services (HRS) notifies the Board of County Commissioners at the time of home
34 occupancy that the home is licensed by HRS. (999)
35 f. Fishing, hunting and trapping. (09)
36 g. Forestry. (08)
37 h. Kennels. (0752)
38 i. Research Facilities, Noncommercial. (8733)
39 j. Riding stables. (7999)
40 k. Single-family detached dwellings. (999)
41
November 9, 2010 Ordinance No.10-034
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3. Lot Size Requirements. Lot size requirements shall be in accordance with Section
7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with
Section 7.04.00.
5. Off-Street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping requirements are subject to Section
7.09.00.
7. Conditional Uses:
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and takeoff fields. (4581)
d. Family residential homes located within a radius of one thousand (1,000) feet of
another such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
i. Mining and quarrying of nonmetallic minerals, except fuels. (14)
j. Radio, television, and microwave communication stations and towers. (999)
k. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel and accessory stores. (56)
I. Sewage disposal subject to the requirements of Section 7.10.13. (999)
m. Camps -sporting and recreational. (7032)
n. Outdoor shooting ranges, providing site plan approval is obtained according to
the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this
Code.
o. Solar generation station subiect to the requirements of Section 7.10.28 (999).
8. Accessory Uses. Accessory uses are subject to the requirements of Section
8.00.00, and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
November 9, 2010 Ordinance No.10-034
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b. Retail trade and wholesale trade -subordinate to the primary authorized use or
activity.
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Solar eneray system subject to the reauirements of Section 7.10.28 (999).
C. AG-5 AGRICULTURAL - 5.
1. Purpose. The purpose of this district is to provide and protect an environment
suitable for productive commercial agriculture, together with such other uses as may
be necessary to and compatible with productive agricultural surroundings.
Residential densities are restricted to a maximum of one (1) dwelling unit per five (5)
gross acres. The number in "( )" following each identified use corresponds to the SIC
code reference described in Section 3.01.02(B). 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. Agricultural production -crops. (01)
b. Agricultural production -livestock and animal specialties. (02)
c. Agricultural services. (07)
d. Family day care homes. (999)
e. Family residential homes provided that such homes shall not be located within a
radius of one thousand (1,000) feet of another existing such family residential
home and provided that the sponsoring agency or Department of Health and
Rehabilitative Services (HRS) notifies the Board of County Commissioners at the
time of home occupancy that the home is licensed by HRS. (999)
f. Fishing, hunting and trapping. (09)
g. Forestry. (08)
h. Kennels. (0752)
i. Research Facilities, Noncommercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
I. Telecommunication towers -subject to the standards of Section 7.10.23. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section
7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with
Section 7.04.00.
November 9, 2010 Ordinance No.10-034
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5. Off-Street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping Requirements are subject to Section
7.09.00.
7. Conditional Uses:
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and take-off fields. (4581)
d. Family residential homes located within a radius of one thousand (1,000) feet of
another such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
i. Mining and quarrying of nonmetallic minerals, except fuels. (14)
j. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel and accessory stores. (56)
k. Sewage disposal subject to the requirements of Section 7.10.13. (999)
I. Camps -sporting and recreational. (7032)
m. Off-Road Vehicle Parks, except go-cart raceway operation or rentals (7999),
subject to the requirements of Section 7.10.21. (999)
n. Outdoor shooting ranges, providing site plan approval is obtained according to ''
the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this
Code.
j. Solar generation station subiect to the requirements of Section 7.10.28 (999).
8. Accessory Uses. Accessory uses are subject to the requirements of Section
8.00.00, and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
b. Retail trade and wholesale trade -subordinate to the primary authorized use or
activity.
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Solar energy system subiect to the requirements of Section 7.10.28.(999)
November 9, 2010
Ordinance No.10-034
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W. U UTILITIES.
1. Purpose. The purpose of this district is to provide and protect an environment
suitable for utilities, transportation, and communication facilities, together with such
other uses as may be compatible with utility, transportation, and communication
facility surroundings. The number in "()" following each identified use corresponds to
the SIC code reference described in Section 3.01.02(6). 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. Air transportation services (451,452)
b. Agriculture, including farms, groves, and ranches. (01,02)
c. Communication. (48)
d. Electric services (491)
e. Electric transmission rights-of-way. (491)
f. Gas pipeline rights-of-way. (492)
g. Gas production and distribution (492)
h. Industrial wastewater disposal. (999)
i. Railroad, rapid rail transit, & street railway transportation. (40,41)
j. Sanitary services (495)
k. Transportation services (47)
I. Telecommunication towers -subject to the standards of Section 7.10.23 (999)
m. Water supply and irrigation systems. (494,497)
n. Water transportation (44)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section
7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with
Section 7.04.00.
5. Off-street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping requirements are subject to Section
7.09.00.
7. Conditional Uses:
a. Airports. (458)
November 9, 2010
Ordinance No.10-034
Page 9 of 17
b. Electric generation plants. (491)
c. Gas production plants. (492)
d. Land clearing and yard trash recycling operations -subject to the provisions of
Section 7.10.12. (999)
e Natural or manufactured gas storage and distribution points. (492)
f. Protective functions and their related activities -Correctional institutions (9223)
g. Solid waste disposal. (4953)
h. Outdoor shooting ranges, providing site plan approval is obtained according to
the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this
Code. (999)
i. Solar generation station subject to the requirements of Section 7.10.28. (999)
8. Accessory Uses.
Accessory uses are subject to the requirements of Section 8.00.00 and include the
following:
a. Automobile and truck rental services.
b. Restaurants. (Including the sale of alcoholic beverages for on premises
consumption only.) (999)
c. Solar energy system subject to the requirements of Section 7.10.28.(999)
EE. PTV (PLANNED TOWN OR VILLAGE)
2. Standards and Requirements. Standards and requirements for Planned Town or
Villages shall be as follows:
o. Open space and Countryside Standards.
(2) Open Space and Countryside Requirements.
iii. Where Section 3.01.03.EE.2.b. provides that up to 10% of a new Town or
Village may be designated Open Space in lieu of Countryside, this allowance
may be fulfilled by land that is restricted to a combination of the following
Open Space components; however, all Fringe or Rural areas that are not
designated in the regulating plan as reserved for an Open Space or
Countryside component shall be limited in the future to Countryside uses:
8) Solar generation station, subject to the supplemental standards in Section
7.10.28.
November 9, 2010
Ordinance No.10-034
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CHAPTER IV SPECIAL DISTRICTS
4.03.00. RESEARCH AND EDUCATION PARK -OVERLAY ZONE
Section 4.03.00 is hereby amended as follows:
Section 4.03.03. Limitations on Land Use Applications.
Any Future Land Use Map Change within the Overlay Zone shall be to Special District
(SD -Research and Education Park). All applications for a change in zoning within the
Research and Education Park Overlay Zone shall be to Planned Non-Residential
Development (PNRD). All building permit applications shall be reviewed and approved
by the Growth Management Department Director or their assigns prior to the issuance
of construction authorizations within the Research and Education Park Overlay Zone.
The appropriate location and mix of uses will be determined through the planned
development process in a manner that adheres to the guidelines and standards set forth
in this overlay zone and the Research and Education Park Master Plan. Uses are to be
segregated as to intensity and are to ensure compatibility with lands outside the overlay
zone.
The following sub-zones are created to identify the type of permitted, conditional and
accessory uses allowed within Zone A and Zone B. The specific uses are identified
below and Section 4.03.05.
LAND USE OPTIONS
ZONE A ZONE B
RESEARCH EDUCATION ZONE RESEARCH AGRICULTURE ZONE
PNRD: PNRD:
Allows agriculture, office, researchl Allows agriculture and research (as
ar~d institutional and light identified ..^~+°r +ti° ^°^ri++°,~ „°°~
manufacturing (as identified under ~er~i#ied in Section 4.03.05). Ale
4.03.05) eses.
dui+~in +ti° ~°~°~rn~ 7nnn Dui+F~n~ ~+ ~+n
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4.03.05. Research and Education Park Overlay Zone Use Limitations.
November 9, 2010
Ordinance No.10-034
Page 11 of 17
1 The purpose of these regulations is to provide and protect an environment suitable for
2 agriculture, education, and research with such other uses as may be necessary to and
3 compatible with these primary uses. Uses are identified by their SIC (Standard Industrial
4 Classification) Code (00). The identified use shall only be allowed when consistent with
5 the properties Future Land Use Designation and the Zone A and B Land Use Options
6 set forth in Section 4.03.03 and the Research and Education Park Master Plan.
7
8 A. Permitted Uses. (Notes: The uses below include the life sciences with a focus on
9 agriculture and education)
10
11 The permitted uses in Zone A and Zone B shall be:
12
13 1.) Agriculture Production -crops (SIC 01)
14 2.) Animal Aquaculture (SIC 0273)
15 3.) Education Services and Facilities (SIC 82)
16 (Notes: Includes establishments engaged in non-commercial agriculture and
17 biological research and development; such as, agriculture, food and medicine)
18
19 The permitted uses in Zone A only shall included:
20
21 1.) Research, Development, and Testing Services (SIC 873)
22 (Notes: Includes establishments engaged in commercial and manufacturing
23 physical and biological research and development; such as, agriculture, food and
24 medical research, and x-ray machine inspection services)
25
26 B. Conditional Uses. (Notes: The uses below primarily include those associated with
27 the manufacturing and support of the life sciences or the Park in general, such as
28 business services.)
29
30 The conditional uses within Zone A shall be:
31
32 1.) Manufacturing:
33 a. Food 8~ kindred products (SIC 20)
34 b. Drugs (SIC 283)
35 c. Soap, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and
36 other Toilet Preparations (SIC 284)
37 d. Agricultural chemicals (SIC 287)
38 e. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical
39 and Optical Goods; Watches and Clocks (SIC 38)
40 2.) Financial Institutions (SIC 60 and 61)
41 3.) Business Services (SIC 73)
42 4.) Solar Qeneration station subject to the requirements of Section 7.10.28. (999)
November 9, 2010
Ordinance No.10-034
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1
2
3 The conditional uses within Zone B shall be:
4
5 1.) Solar_generation station subiect to the requirements of Section 7.10.28. (999)
6
7 C. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00,
8 and include the following:
9
10 1.) Residential units may be permitted as accessory uses to educational facilities,
11 when approved through the Planned Development process.
12 2.) Solar energy system subiect to the requirements of Section 7.10.28 (999).
13
14
15 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
16
17 7.00.00. General Provisions
18
19 7.10.00. Supplemental Standards.
20
21 Section 7.10.00 is hereby amended to create a new Section 7.10.28 "Solar Energy" as
22 follows:
23
24 7.10.28 Solar Energv
25
26 The following provisions are intended to facilitate the commercial generation and
27 distribution of solar power and the use of on-site solar energy systems to meet the
28 energy demands of buildings and support facilities in the unincorporated County. All
29 Solar equipment and devices shall comply with Florida Statutes and shall be
30 certificated by the Florida Solar Energv Commission.
31
32 A. Solar Generation Station. In addition to other applicable sections of this Code, a
33 solar generation station shall be subiect to the following provisions:
34
35 1. Solar generation stations shall require submittal of a Maior Site Plan application
36 concurrent with a Conditional Use Permit, when required. The development shall
37 be subject to the following supplemental criteria:
38
39 a. Physical access to a solar generation station shall be restricted by fencing or
40 walls. Razor wire is prohibited. All fencing and wall details shall be provided
41 for review and approval as part of the required site plan.
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Ordinance No.10-034
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b. The devices that capture energv and convert it to electricity shall not be
placed in wetlands, environmentally sensitive resources or habitats. imperiled
and critically imperiled habitats as defined by the Florida Natural Areas
Inventory, and buffers. Any environmental impacts from such devices, or any
component of a solar generation station, shall only be allowed in compliance
with the provisions of the County's Comprehensive Plan and Land
Development Code.
c. All devices that capture and convert energy to electricity shall be located at
least 50 feet from any lot line under separate ownership, unless otherwise
approved by the Board of County Commissioners.
d. The maximum lot coverage by structures, including solar ground or pole
mounted panels, for the zoning district may be waived by the Board of County
Commissioners. The approved maximum lot coverage shall be shown on the
site plan and specified in the resolution approving the development.
e. All solar generation station sites must comply with the landscaping and
screening requirements of the Land Development Code. The perimeter buffer
landscaping requirements may be waived by the Board of County
Commissioners, if it is shown to the satisfaction of the Commission that the
adjoining property owners have no objection to the landscaping waiver.
Interior vehicular use area landscaping requirements may be waived by the
Commission, to the extent necessary to ensure optimal solar access. The
Board of County Commissioners may require additional landscaping to
enhance compatibility with adjacent land uses.
f. On-site power lines shall be placed underground to the maximum extent
possible.
B. Solar Energy System. In addition to other applicable sections of this Code, a solar
energv system shall be subject to the following provisions:
1. All solar panels and devices are considered structures and subject to the
requirements for such, together with all other applicable building codes and
ordinances, unless otherwise provided for in this Code. Solar panels installed on
roofs are exempt from the building height requirements. Solar panels installed on
rooftops shall be located 2 feet from the roof edge.
2. Non-roof installed solar energy devices integrated into the architecture of the
building, such as the walls of the building, shall be no greater than 10 feet above
the maximum height requirements of the zoning district.
3. Ground or pole mounted systems shall be limited to a height of 10 feet above the
base floor elevation of the primary structure.
4. Solar energv systems shall not be located in front or side corner yards of any
parcel, unless the following are met: 1) the conditions of the side and back yards
prohibit the installation of a system, and 2) the lot is one acre or greater, and 3)
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Ordinance No.10-034
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1 adequate buffering along the adjacent roadway is provided, and 4) the location is
2
3
5. approved by the Director of Planning and Development Services.
Solar ground and pole mounted systems less than six feet in height may
4 encroach into the side and rear setback area, but in no case shall the system be
5 located closer than five (5) feet from the property line. Where the system is
6 higher than six feet in height the setback requirements of the zoning district shall
7
8
6. apply.
Solar collectors may be co-located on communication towers, and parking lot and
9 street light poles, in which case the height and setback reauirements for said
10
11
7. tower/pole shall apply.
All new exterior electrical lines and utility wires connecting a ground or pole
12 mounted solar system to the building it serves shall be buried underground.
13 8. The Board of County Commissioners may allow for a modification of these
14 accessory use provisions when the proposed solar energv system will serve
15 buildings within a planned development project. The modification shall be
16 identified on the site plan graphics and within the resolution granting approval to
17
18
9. the planned development.
Waiver. In the event any of the provisions in this Section have the effect of
19 prohibiting the installation of a solar energy system, the applicant shall have the
20 right to _apply for a waiver from these provisions to the Director of Planning and
21 Development Services or designee. The Director may grant a waiver upon
22 determining that strict application of the Code would result in prohibiting the
23
24
10 installation of a solar energv system.
. Landscape Waiver. The Environmental Resources Director may waive the
25 landscaping requirements of the Land Development Code to the extent
26
27
11 necessary to ensure optimal solar access.
.Any approval of a solar energy system does not create any actual or inferred
28 solar energy system easement against adjacent property and/or structures. The
29 owner and/or property owner of a solar energv system shall not infer or claim any
30 rights to protective writs to any caused shadows or operating ineffectiveness
31 against future development adjacent to or higher than the property location of the
32 solar energv system. The approval of any solar energv system granted by St.
33 Lucie County shall not create any future liability or infer any vested rights to the
34 owner and/or property owner of the solar energy system on the part of the
35 County for any future claims against said issuance of approval of the solar
36 energy system that result from reliance on this section or any administrative
37 decision lawfully made thereunder.
38
39 CHAPTER VIII ACCESSORY AND TEMPORARY STURCTURES AND USES
40
41 8.00.00. Accessory uses and structures are hereby amended to create:
November 9, 2010
Ordinance No.10-034
Page 15 of 17
8.00.03. Particular Permitted Accessory Structures and Uses in Residential,
Agricultural, and Planned Unit Development Districts.
Section 8.00.03 is hereby amended as follows:
L. Solar energy system subject to the requirements of Section 7.10.28.(999)
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 circumstances, such holding shall not affect its applicability to any other
person, property or circumstances.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. CODIFICATION
It is the intention of the Board of County Commissioners, and it is hereby ordained that
the provisions of this Ordinance shall become and be made a part of the Code of the
County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or
re-lettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
PART F. FILING WITH THE DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the
Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
November 9, 2010
Ordinance No.10-034
Page 16 of 17
PART G. EFFECTIVE DATE
This Ordinance shall take effect upon filing of a cert~ed copy of this Ordinance with the
Department of State.
PART H. ADOPTION
~ After motion and second, the vote on this ordinance was as follows:
Chairman Charles Grande AYE
Vice Chairman Doug Coward AYE
Commissioner Chris Craft AYE
Commissioner Chris Dzadovsky AYE
Commissioner Paula A. Lewis AYE
!".1
PASSED AND DULY ADOPTED this 9th Day of November, 2010. - :,,
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Deputy Clerk
November 9, 2010
BOARD OF COUN~X COMMISSIONERS `~:_.`~ ~ r
ST. LUCI COUNTY, F~LORIDA~ =~~ ` ' .K
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Page 17 of 17
Ordinance No.10-034
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FLORIDA DEPARTMENT 4f 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
llear 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. 10-034, 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