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99-001
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 35 36 37 38 ORDINANCE NO. 99-001 AN ORDINANCE AMENDING THE ST. LUClE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00, DEFINITIONS, TO PROVIDE FOR AMENDMENT TO THE DEFINITIONS OF HOTEL/MOTEL AND OPEN SPACE; AND BY CREATING NEW DEFINITIONS FOR COMMON OPEN SPACE, TEMPORARY BUILDINGS OR STRUCTURE AND TRANSIENT LODGING FACILITIES; BY AMENDING SECTION 3.01.03(E), AGRICULTURAL RESIDENTIAL ZONING DISTRICT TO PROVIDE FOR A CLARIFICATION ON MOBILE HOMES AS AN ACCESSORY USE; BY AMENDING SECTION 4.01.05 HUTCHINSON ISLAND BUILDING HEIGHT OVERLAY ZONE, EXCEPTIONS, TO PROVIDE FOR ADDED CLARIFICATIONS PERTAINING TO VESTED SITE PLANS AND TELECOMMUNICATIONS TOWERS; BY AMENDING SECTION 6.06.01(B)(11), MINING, RESTRICTIONS, REGULATIONS AND CONDITIONS ON A MINING PERMIT TO CLARIFY THOSE AREAS WHERE MINING ACTIVITIES ARE PROHIBITED; BY AMENDING SECTION 6.06.02, MINING EXTRACTION INCIDENTAL TO DEVELOPMENT ACTIVITIES, TO PROVIDE FOR A CLARIFICATION ON CONSTRUCTION OF STORMWATER WORKS ASSOCIATED WITH ROADWAY CONSTRUCTION PROJECTS; BY AMENDING SECTION 7.01.02, PLANNED UNIT DEVELOPMENT, PERMITTED USES TO PROVIDE FOR CLARIFICATION OF USES ALLOWED; BY AMENDING SECTION 7.01.03, PLANNED UNIT DEVELOPMENT, STANDARDS AND REQUIREMENTS, BY REDUCING THE MINIMUM PARCEL SIZE REQUIRED FOR A PLANNED UNIT DEVELOPMENT, BY CLARIFYING THE ABILITY TO VARY FROM MINIMUM RIGHT-OF-WAY WITH STANDARDS WITHIN A PLANNED UNIT DEVELOPMENT AND BY CLARIFYING STANDARDS GOVERNING OPEN SPACE WITHIN A PLANNED UNIT DEVELOPMENT; BY AMENDING SECTION 7.02.02, PLANNED NON-RESIDENTIAL DEVELOPMENT, PERMITTED USES, TO PROVIDE FOR CLARIFICATION OF USES ALLOWED INCLUDING TELECOMMUNICATIONS TOWERS; BY AMENDING SECTION 7.02.03, PLANNED NON-RESIDENTIAL DEVELOPMENT, STANDARDS AND REQUIREMENTS, BY CLARIFYING THE REQUIREMENTS FOR DETERMINATION OF MINIMUM SITE DIMENSIONAL REQUIREMENTS, BY CLARIFYING THE ABILITY TO VARY FROM MINIMUM RIGHT-OF-WAY WITH STANDARDS WITHIN A Ordinance #99-001d Final Underlin~ is for addition Strike T,~[, is for deletion Page 1 PRINT DATE: 02/02/99 ~--~ F-*' 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 35 36 37 38 39 PLANNED NON-RESIDENTIAL DEVELOPMENT AND BY CLARIFYING STANDARDS GOVERNING OPEN SPACE WITHIN A PLANNED NON- RESIDENTIAL DEVELOPMENT; BY AMENDING SECTION 7.03.02, PLANNED MIXED USE DEVELOPMENT, PERMITTED USES AND LOCATIONS TO PROVIDE FOR CLARIFICATION OF USES ALLOWED; BY AMENDING SECTION 7.03.03, PLANNED MIXED USE DEVELOPMENT, STANDARDS AND REQUIREMENTS BY CLARIFYING THE REQUIREMENTS FOR DETERMINATION OF MINIMUM SITE DIMENSIONAL REQUIREMENTS, BY CLARIFYING THE ABILITY TO VARY FROM MINIMUM RIGHT-OF-WAY WITH STANDARDS WITHIN A PLANNED MIXED USE DEVELOPMENT AND BY CLARIFYING STANDARDS GOVERNING OPEN SPACE WITHIN A PLANNED MIXED USE DEVELOPMENT; BY AMENDING SECTION 7.05.02(A), TRANSPORTATION SYSTEMS, STREETS, BY PROVIDING CLARIFYING LANGUAGE WITH REGARD TO THE PLANS OF THE ST. LUClE METROPOLITAN PLANNING ORGANIZATION AND ROADWAY SIGNAGE STANDARDS; BY AMENDING SECTION 7.05.08, STREET NAMING AND NUMBERING, BY PROVIDING FOR BICYCLE PATHS AND PROVIDING CLARIFICATION FOR THE RESPONSIBILITY OF STREET NAMING; BY AMENDING SECTION 7.06.00, OFF-STREET PARKING AND LOADING, BY PROVIDING GENERAL AMENDMENTS TO THIS SECTION REQUIRING THE RECONSTRUCTION OF PARKING LOTS WITH ANY CHANGE IN USE AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; BY AMENDING SECTION 7.06.02, OFF-STREET PARKING, BY AMENDING THE PARKING STANDARD FOR HOTEL/MOTEL USES TO CORRECT AN INCORRECT NUMBER, BY AMENDING THE GENERAL PROVISIONS FOR WHEN OFF-STREET PARKING IS REQUIRED AND WHERE OFF-STREET PARKING IS PROHIBITED; BY AMENDING SECTION 7.09.00 LANDSCAPING AND SCREENING, TO PROVIDE FOR A SERIES OF GENERAL AMENDMENTS REQUIRING THE REPLACEMENT OR UPDATING OF ALL EXISTING LANDSCAPING WITH A CHANGE IN USE OR NEW ZONING COMPLIANCE, BY ENHANCING THE REQUIREMENTS FOR MAINTENANCE OF PLANTED LANDSCAPING AND PROVIDING PENALTIES, BY AMENDING THE GENERAL STANDARDS FOR PLANT MATERIALS, BY AMENDING SECTION 7.09.04 CLARIFYING THE REQUIREMENTS FOR LANDSCAPING ADJACENT TO A PUBLIC OR PRIVATE STREET RIGHT- OF-WAY, ABUTTING PROPERTIES PARKING AND INTERIOR LANDSCAPE AREAS, BUFFER REQUIREMENTS BETWEEN NON- © L4 0 '",4 Underline is for addition 2tzik% Thzou~l'~ is for deletion Ordinance #99-001d Page 2 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 RESIDENTIAL AND RESIDENTIAL USES, OFF-STREET PARKING AND LOADING AREAS AND BY CREATING NEW REGULATIONS GOVERNING ON-SITE LIGHTING STANDARDS AND LANDSCAPE AND SCREENING STANDARDS APPLICABLE TO CERTAIN AGRICULTURAL USE AND ACTIVITIES; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 - February 16, 1993 93-03 February 16, 1993 93-05 - May 25, 1993 93-06 May 25, 1993 93-07 - May 25, 1993 94-07 June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-23 - September 2, 1997 98-19 - October 6, 1998 98-20 October 6, 1998 9x-xx - xxxxxxxxx xx, 19xx On October 15, 1998, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On January 5, 1999, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the © 0 ...... ~derlin~--i~or addition St21k~ Ti,ro~], is for deletion Ordinance #99-001d Page 3 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 Port St. Lucie News and the Tribune on December 23, 1998, and continued this first public hearing until January 19, 1999. On January 19, 1999, this Board reconvened the public hearing on the proposed ordinance and accepted additional public comments and testimony. On February 2, 1999, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on January 21, 1999. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: CHAPTER II DEFINITIONS 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them. HOTEL/MOTEL: A building in which lodging is provided or offered to the public for compensation, generally with occuoancies of less than four (4) weeks.. O "O r-ri O 1".2 ',,0 Underline is for addition Strike ThTo~vL is for deletion Ordinance #99-001d Page 4 Final PRINT DATE: 02/02/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 OPEN SPACE: Any parcel or area of land or water that is set aside, open and unobstructed to the sky, and designated or reserved for public or private use or enjoyment. OPEN SPACE, COMMON: A parcel or area of land or water in or related to a development site that is set aside and designated or reserved for the use or enjoyment of the _Public or the residents, occupants, and/or owners of the develo!:)ment or _oroiect site. Common open s~)ace areas shall not be individually owned exce_ot by a recognized unit of local or state government or an entity or orcjanizati0n acceptable to St. Lucie County. TEMPORARY BUILDING OR STRUCTURE: A temporary building or Structure is a building or structure that is intended to be located on a parcel of land for a limited period of time or duration. All temporary buildings or structures shall bn adeouatel¥ secured or anchored to the ground in accord with the recluirements of the Standard Buildina Code or in the case of State Certified manufactured buildings or mobile homes, said modular buildings or mobile homes shall be oro_Derly anchored to aDolicable laws or re(3ulations. TRANSIENT LODGING FACILITIES: Structures with units or rooms generally used for occupancies of less than four (4) week,*, including without limitations hotels/motels, time share facilities and tourist courts. 3.00.00 3.01.00 3.01.03 E. CHAPTER III ZONING DISTRICTS ZONING DISTRICTS ZONING DISTRICT USE REGULATIONS ZONING DISTRICTS AR-1 AGRICULTURAL, RESIDENTIAL - 1 Paragraphs 1 through 6 - no change Accessory Uses O O Underline is for addition StYik~ Thzcu~l, is for deletion Ordinance #99-001d Page 5 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 Accessory uses are subject to the requirements of Section 8.00.00, and include the following: Agriculture (farms and ranches accessory to single-family detached dwelling). (o4/o2) Animals, subject to the requirements of Section 7.10.03. (999) Guest house subject to the requirements of Section 7.10.04. (9~9) Mobile Home subiect to the reauirements of Section 7.10.05. Retail and wholesale trade - subordinate to the primary authorized use or activity. CHAPTER IV SPECIAL DISTRICTS 4.01.00 HUTCHINSON ISLAND - BUILDING HEIGHT OVERLAY ZONE 4.01.05 EXCEPTIONS The following structures are not subject to the provisions of this Section: Any lawfully aDproved and valid site plan recognized under Section 1.03.03 of this Code. pursuant to Vested Rights determination, as described in Section 11.09.00 of this Code. Communication towers/sirens erected by or for a duly authorized public safety activity. Electrical, telephone, cable tv/radio or similar communications transmission poles. Street lights and/or traffic control/surveillance devices. Telecommunication Towers and antenna that are located in Hutchinson Island Zone A as described in Section 4.01.03. subiect to the standards of Section 7.10.23. The location for any such located tower or antenna shall be as a co-located facility on an existinq building or structure in the Hutchinson Island Zone A. The maximum height of any antenna or {ower So located shall be 1/10 of the building height or 15 feet above the main roof surface of the building, whichever is lower. All towers or antennas shall be located so as not to be visible from the ground. ~). F.~. Roads or Bridges. CHAPTER VI O L4 O L4 Underline is for addition DtJike T:~;o~i, is for deletion Ordinance #99-001d Page 6 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 6.06.00 6.06.01 A. RESOURCE PROTECTION STANDARDS MINING RESTRICTIONS, REGULATIONS, AND CONDITIONS ON MINING PERMIT It shall be illegal to excavate or mine, as defined in Chapter II, any real property in St. Lucie County without first obtaining a mining permit for such activity, except as exempted in Section 11.05.11. All mining operations conducted under authority of a permit issued in accordance with the provisions of this Code shall be subject to the following restrictions, regulations, and conditions: Paragraphs 1 through 10 -No Changes 11. Environmentally Sensitive Areas: Mining shall not be permitted in the following environmentally sensitive areas: Within any jurisdictional wetland as delineated in Section 373.421(1), Florida Statutes, or within fifty (50) feet of any jurisdictional wetland except that mining may occur within an isolated jurisdictional wetland that has been determined by the South Florida Water Management District for the purpose of establishing wetland quality as either "poor" or fair", and is entirely surrounded by uplands, if and to the extent: 1.) Alteration of such wetland is permitted in accordance with Section 6.02.03 of this Code. 2.) Mining activities have received appropriate environmental resource permits issued in accordance with Part IV (Management and Storage of Surface Waters) of Chapter 373 (Water Resources). Florida Statues, and; 3.) All wetland mitigation shall be on-site or at a mitigation site approved by St. Lucie County, except that no wetland littoral zone constructed in accord with requirements of Section 6.06.03 of this code may be counted towards this required mitigation. Savannahs State Reserve and the planned acouisition area for the Savannahs State Reserve; (see Figure 6-10) c. North Indrio/Savannas and planned acouisition area; (see Figure 6-11), etd_. Atlantic Coastal Ridge; Within ;ny ....': .... :- '"- :nv~ntc;7 c.f Er;,v:,rc~,m;;;,ta',',y °---:':,.- "-':---, ,-,~-, O O Underline is for addition StJik% T,~,zo~:, is for deletion Ordinance #99-001d Page 7 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 6.06.02 Ao ....................... , ~,,,,/ ..... f o,~,,h ....... two hundred (200) feet of any area designated for conservation, oreservati0n or other form of resource orotection throuah the execution of a conservation easement or similar dedication in favor of St. Lucie County_. the South Florida Water Management District or other lawful entity recognized by St. Lucie County; Dune Preservation Zone. EXTRACTION INCIDENTAL TO DEVELOPMENT ACTIVITIES Temporary mining activities may be performed as part of the development an approved site plan, an approved conditional use permit, a Planned Development that has received preliminary approval, or a Development of Regional Impact for which an Application for Development Approval has been submitted and found sufficient for review by the Regional Planning Council, provided, however, that prior to undertaking such activities, all required local, state, and federal permits must be secured, including obtaining a mining permit from the Board of County Commissioners when required by this Section and Section 11.05.11. Construction of a stormwater management system for a site plan approved project shall be exempt from the requirements of Section 6.06.01(B)(1), Dimensional Requirements, provided that all applicable construction authorizations for that development have been issued by St. Lucie County and the South Florida Water Management District. Construction of a stormwater management system incidental to the construction of any linear roadway construction or expansion proiect shall be exempt from the reauirements of this Section provided that all ao01icable construction authorizations for that development have been issued bv St. Lucie County and the South Florida Water Management District for roadways not under the !udsdiction of the State of Florida or for roadways that are under the !urisdiction of the State of Florida provided that all aD_Dlicable construction authorizations for that develooment have been issued by the South Florida Water Manaqement District. CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS O L4 O L4 .... ~n~e~lqn--~--i~ ~or ad~l~i~ ........ St~ik~ T,~£O~i, is for deletion Ordinance #99-001d Page 8 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 7.01.00 PLANNED UNIT DEVELOPMENT 7.Ol.02 USES A.~. PERMITTED USES Any .'.';c permitted, conditional or accessory us~ in the Agricultural-1 (AG-l); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation in the Agricultural-1 (AG-l); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-l); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home- 5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development Distdct ,~'e~*e~,ieiy-ef sub!ect to complying with the residential densities described in Section 7.01.03(B). U.~,.~-~- ,,,A' ,,.~,, ,~ t/pc; pc,-m, ,k'tcd ,,:-, th~- C ............ A----~.A:-- ,,, ~'A:-- "~' ~ '" --~ '~ '"'"' ~' :-- ' '~-- ' --'~ --' ...... :'' -- '~ Up tc ........ t --~t t ....... " ..... 'O' percent cf the ~ ..................y ......... y,-,~ ~, ......... ,,,.... ;pc, t; ........... r;d[n....3 ................... B_.~. NONRESIDENTIAL DEVELOPMENT USES Uses of the Noes permitted in the Commercial. Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country_ clubs, bicycle paths, racouet sports facilities, riding stables, marinas, clubhouses, and lodges may be Permitted in a Planned Unit Development Distri(;:t. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of te~ve (5) contiguous acres of land under common ownership or control. Paragraphs B through D - No Change TRAFFIC AND PEDESTRIAN CIRCULATION Paragraphs I through 4 - No Change 0 O r'rl O .... ~n~erlin¢-iq ~r addition St£ik~ T,~,~ou~l, is for deletion Ordinance #99-001d Page 9 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 47 Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of-way widths may be considered as Pert of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the reguested variation is consistent with the intent of the County's roadway construction standards and necessary_ for the design of the Planned Unit Development. Paragraphs 6 through 12- No Change OPEN SPACE STANDARDS A minimum of thirty-five (35) pement of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, madnas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purposes or use other than street, road or drainage rights-of-way, above ground utilities, _ excludina stormwater treatment facilities;, and parking areas. ,,,, Cc~,m~c~n open ~p&ce, a-A minimum of 15 percent of any remaiefif~ existing native upland habitat on the property, ",s to must be preserved in its natural condition as part of the reauired 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. All areas to be dedicated for common open spa~e shall be identified as part of the Preliminary_ Development Plan for the Planned Unit Development. Areas that are fioodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subiect to the requirement that 15% of any existing native habitat on the property must be included as Dart of the reguired 35% common open space, as to th~ ava:lab:,gti ,,fo, ,,, ........... ~,, ,,,,o,,,,, ,,f o,,,.h ,,~, .... ~, ...... h,,.h may ....... .... :-t of' as part of the Final Planned Unit Development submission process, the developer or Detitione-~'- for the Planned Unit Develo~>ment shall provide for one of the followinq: The Aa_dvance dedication of all such common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open sDace and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building Dermits, includin0 land clearing, for any Dorti0n of the Planned Unit Development ............... -~' ..... · ................. approval- ;or, A phased conveyan(;e of the ~the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common H O 64 m O Underlin9 is for addition Strike Thzougl, is for deletion Ordinance #99-001d Page 10 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 Develo_Dment. No such parcel of land identified for use as a dedieated-for--p r~TkDL.CDj3~$g.D_gpen space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. ~Areas provided or reserved to meet any other environmental preservation or orotection requirements-of this code or other lawful regulatory_ authority s~ eet"~de'~i-e~ may be counted towards r'neefif~j-t~the overall common open space requirement, provided that the common oDen space meets the re(~uirements of this Code. Paragraphs J through K - No Change 7.02.00 PLANNED NON-RESIDENTIAL DEVELOPMENT 7.02.02 PERMITTED USES The following general guidelines shall be used in determining the permitted use possibilities in any Planned Nonresidential Zoning Development: For properties located in any Residential or Agricultural classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Institutional (I) Zoning Districts, and in the Agricultural land use classified areas only, any non-residential permitted or accessory use identified in the Agriculture-1 (AG-l), Agricultural-2.5 (AG- 2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. The general standards, conditions and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities. For properties located in any Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); O L,~ O ~,, ~nderline is for addition ............ ~. is for deletion Ordinance #99-001d Final Page 11 PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 Commemial, General (CG); Industrial Light (IL); Industrial Heavy (IH), Utility (U) and (I) Institutional zoning districts, and any non-residential permitted or accessory use identified in the Agriculture-1 (AG-l), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. !e ecommunication towers must COmDly with the requirements of Section 7.10.23. The general standards, conditions and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities. 7.02.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Non-Residential Development shall be as follows: Paragraph A -- No Changes DIMENSIONAL REQUIREMENTS Minimum dimensional requirements shall be in accordance with Table 7.10 in Section 7.04.01, provided, however, that the Board of County Commissioners may condition approval of a Planned Non-Residential Development upon compliance with more stringent or restrictive dimensional requirements in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan; and, any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995, the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. Paragraph C -- No Changes D. TRAFFIC AND PEDESTRIAN CIRCULATION Paragraph 1 through 3 -- No Changes Streets in a Planned Non-Residential Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply O O L~ -4 Ordinance #99-001d Final Underline is~r--a~i~------ 3t;ik~ T,%~w;, is for deletion Page 12 PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 with all pertinent County regulations and ordinances, hQwever, variations to the standard minimum ri(~ht-of-wav widths may be considered as Dart of the Planned Non-Residential Devel0oment if it is shown to the satisfaction of the County_ Commission, that the re~!uested variatiQn is consistent with the intent of the County's roadway construction standards and necessary for the desi(~n of the Planned Unit Development.. Paragraph 5 through 11-- No Changes Paragraph E through G --No Changes OPEN SPACE STANDARDS For development projects of less than ten (10) acres, a minimum of twenty (20) percent of the gross area of land to be committed to a Planned Non-Residential Development must be for use as common open space, which may include parks, recreation areas, bicycle and pedestrian oaths and facilities, marinas, swimming beaches, common open space,_ common landscaping or planting areas, or other areas of public purposes other than street or road rights-of-way, utility easements, excludinq exclusive stormwater treatment facilities, and parking areas. For development projects of ten (10) acres or more, a minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Non-Residential Development must be for use as common open space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping or planting areas, or other areas of public purposes other than street or road rights-of-way, utility easements, excluding exclusive stormwater treatment facilities, and parking areas. At the request of the developer, and subject to the approval of the Board of County Commissioners, use of recreational facilities may be offered to the general public. ...... r~qulrod ,,,, ~, ................... , .... ~, .... a-A__minimum of 15 percent of any r~ existing native upland habitat on the property, is to must be preserved in its natural condition as Dart of the re(~uired 35 percent common open space. For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. I-'-I I1'1 0 L~ Underline is for addition St£ik~ T,h£ou~.h is for deletion Ordinance #99-001d Page 13 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 47 All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Nonresidential Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy_ the total common open space reouirement subiect to the re(~uirement that 15% of any existing native habitat on the property must be included as part of the reouired 35% common open space. AS part of the Final Planned Nonresidential Development submission process, the developer or Petitioner for the Planned Nonresidential Development shall provide for one of the following: The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildinos, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Nonresidential Development: or. A phased conveyance of the land to be used for common open space to a public or acceptable private agency that will, upon acceptance, agree to maintain the common oPen space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of aDDroval for the Planned Nonresidential Development. Areas provided or reserved to meet any other environmental preservation or protection reouirements~of this code or other lawful re(~ulatory authority_ may be counted towards the overall common open space reouirement, provided that the common open space meets the requirements of this Code. All land dedicated for common open space shall be physically part of the Planned Non- Residential Development. Paragraph I through J -- No Changes 7.03.00 PLANNED MIXED USE DEVELOPMENT 7.03.02 PERMITTED USES AND LOCATIONS Policy 1.1.6.4 of the St. Lucie County Comprehensive Plan sets forth an intensity plan for each area with a Mixed Use Development (MXD) future land use designation. Planned Mixed Use Development (PMUD) zoning is permitted only within the MXD future land use. Permitted uses within the PMUD zoning designation vary by intensity as specified below. Compatibility and relative placement of different uses shall be limited as specified in Table 7.1, Compatibility of Uses vs. Road Classification & Average Daily Trips. O (.4 Underline is for addition Strike Through is for deletion Ordinance #99-001d Page 14 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 47 High Intensity Any permitted use as identified in the Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-Il (RM-11); Residential, Multiple-Family-15; (RM-15)Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial, Light (IL); Industrial, Heavy (IH); Utility (U); Institutional (I); or HIRD zoning districts of this Code, any accessory use specified in the final PMUD, and any conditional use specified in the final PMUD, subject to the requirements of Section 11.07.00 and any other special reouirement as set forth in this Code. may be permitted in an area designated High Intensity Mixed Use Development to the extent consistent with the future Land Use designations of the St. Lucie County Comprehensive Plan. Medium Intensity Any permitted, use as identified in the Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial, Light (IL); Industrial, Heavy (IH); Utility (U); Institutional (I); or HIRD zoning districts of this Code, any accessory use specified in the final PMUD, and any conditional use specified in the final PMUD, subject to the requirements of Section 11.07.00 and any other special re(~uirement as set forth in this Code may be permitted in an area designated Medium Intensity Mixed Use Development to the extent consistent with the future Land Use designations of the St. Lucie County Comprehensive Plan. Low Intensity Any permitted use as identified in the Residential, Estate-1 (RE-l); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-5 (RM-5); Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial, Light (IL); or HIRD zoning districts of this Code, any accessory use specified in the final PMUD, and any conditional use specified in the final PMUD, subject to the requirements of Section 11.07.00 and ~ny other special requirement as set forth in this Code may be permitted in an area designated Low Intensity Mixed Use Development to the extent consistent with the future Land Use designations of the St. Lucie County Comprehensive Plan. Paragraph D --No Change 7.03.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Mixed Use Development shall be as follows: Paragraph A through D -- No Change O ~,, O Underline is for addition Strike T,hz~.h is for deletion Ordinance #99-001d Page 15 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 47 TRAFFIC AND PEDESTRIAN CIRCULATION Paragraph 1 -- No Change Roadway Design Criteria - The following criteria shall be used in planning for traffic circulation. Paragraph a through h -- no change Streets in a Planned Mixed Use Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with Chapter 13, Building Regulations and Public Works Construction, of the St. Lucie County Land Development Regulations. Variations to the standard minimum right-of-way widths may be considered as Dart of the Planned Mixed Use Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County_'s roadway construction ~tandards and necessary_ for the desi(~n of the Planned Mixed Use Development. Paragraph j through o -- no change Paragraph F through J --no change OPEN SPACE AND LANDSCAPING STANDARDS A minimum of thirty-five (35) percent of the gross area of the land to be committed to a Planned Mixed Use Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian oaths and facilities, marinas, swimm~'ng beaches, common open space, common landscaping or planting areas, or other areas of public purposes other than street, road or drainage rights-of-way, above ground utilities, excluding exclusive st0rmwater treatment facilities,_and parking areas. ........ ,~ ....... p~rc~nt ............ ~, .... ~, .... a-A_minimum of 15 percent of any rem~ existinq native upland habitat on the property, is to must be preserved in its natural condition as part of the required 35 percent common open space. For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Mixed Use DeveloDment. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space, subiect to the reouirement that 15% of anY existing native habitat on the property mu~t be included ag part of the reouired 35% common open space. As part of the Final Planned Mixed Use Development submission process, the developer or I.-'. !"..2 0 O Underlin~ is for addition Strike T,%zoug,% is for deletion Ordinance #99-001d Page 16 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 47 5 4_.~. petitioner for the Planned Mixed Use Development shall provide for one of the following: The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, aaree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All su~;h dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Mixed Use Development :or, A phased conveyance of the land to be used for common open space to a public or acceptable private agency that will, upon acceptance· aaree to maintain the cQmmon open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit DeveloDment. No such parcel of land dedicated or conveyed for common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Mixed Use Development Open spac~ prc, v:,d~d t~, ,,"~t ....................... ,'~,t Areas provided or reserved to meet any other environmental preservation or protection requirement~cf this code or other lawful regulatory authority may be counted towards the overall common open space re(~uirement, provided that the common open space meets the requirements of this Code. Landscaping for off-street parking and loading areas shall, as a minimum, meet the requirements of 7.09.00. For Planned Mixed Use Developments to be constructed in stages or phases, the net open space provided in an individual stage or phase may vary from the required thirty-five (35) percent if the approved plan for the Planned Mixed Use Development provides for the required open space, and the County is assured that the open space will be provided. Paragraph L through M --no change 7.05.00 7.05.02 TRANSPORTATION SYSTEMS STREETS A. GENERALLY H O O U~¢~line iT'for addition 3t£ik~ Through is for deletion Ordinance #99-001d Page 17 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 47 lO. Paragraph 1 through 9 -- No Change All new construction for any arterial and major collector street or roadway within the Urban Service Area shall be provided with sidewalks and bicycle paths along one or both sides, as determined by the County Engineer. The County Engineer shall consult the St. Lucie Metropolitan Planning Organization Bicycle and Pedestrian Plan (September 1995~ in determining the location of any sidewalks and bicycle oath facilities. 13. Paragraph 11 through 12 ~ No Change All arterial, a,-~d collector and local streets or roadways, public or private, -eb, eets-or- r~ shall be marked and signed in accordance with Florida Department of Transportation standards. Paragraph 14 through 15 ~ No Change 7.0S.08 STREET NAMING AND IDENTIFICATION Paragraph A through G ~ No Change AUTHORITY FOR NAMING AND NUMBERING STREETS New streets shall be assigned names or numbers in compliance with the provisions of this Code by the 6.~a~b~-~'~w-C0mmuni~ Development Director. The C~ Community Development Director is hereby granted the authority to rename duplicate or similar sounding streets or renumber existing streets to comply with the provisions of this Code. In the case of duplicate names or similar sounding names where one (1) or more streets must be renamed and one (1) street shall retain the name, the 6eafHy-E~i~e~ Community_ Development Director shall consider such factors as the historical significance of the name, the number of years the street has held that name, and the relationship name to the names of adjacent streets. Individuals residing on the street or developers of a subdivision may participate in the naming or renaming process by providing suggestions for street names to the q,~a~'-E, ng~e~ Community Development Director. Interested individuals should submit three (3) names with the first choice listed first, second choice listed second, and third choice listed last. The 6eafH~-ngine~'C0mmunity_ Development Director shall assign the name after considering the choices provided and verifying compliance with the provisions of this section. STREET IDENTIFICATION SIGNS All officially named or numbered streets shall be identified with a street sign as prescribed in the O L~ O U~de~line is-for addition Dt;ika T,~O.~,~ is for deletion Ordinance #99-001d Page 18 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 7'.06.00 ?.06.01 A. Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, Federal Highway Administration 1978 Edition, and subsequent revision of this manual. No one other than St. Lucie County, the Florida Department of Transportation, or any officially authorized party may erect or maintain a street identification sign within any public road right-of-way that does not conform to the requirements of this section. The Public Works Admiftistfato~-Director is authorized to remove any nonconforming street identification sign. Paragraph J- No Change OFF-STREET PARKING AND LOADING GENERALLY PURPOSE The requirements of this Section are intended to insure that every building, structure, or use erected or instituted, except for bona-fide agricultural uses and buildings, shall be provided with adequate off- street parking facilities for the use of occupants, employees, visitors, and patrons, and that certain uses be provided with adequate off-street loading facilities, thereby reducing congestion to the public streets and promoting the safety and welfare of the public. EXISTING STP, UCT'JP, E$ A,";D USES/CHANGES IN USE Buildings or structures existing as of the effective date of this Code may be modernized, altered, or repaired without providing additional off-street parking or loading facilities, provided there is no increase in floor area or capacity and no change of use. Effective March1. 1999. any change in use to an existing building or stru(;:ture, will require that all on- site 0arking and loading facilities be brought into full comoliance with the orovisions of this Code. If it is determined bv the CommuniN Develooment Director that it is not 0ossible to meet the numeric 0arkino re(]uirements of this Code due to the size or configuration of the existing parcel, the Community_ Develo0ment Director may grant administrative relief, subject tO determining consistency with the Standards of Review set out in Section 10.01.02. to the number of oarking spaces to be required. Any such administrative relief shall be s0ecific to the Darcel or Droperty in question and shall be the minimum necessary to address the oarticular problem. Any such administrative relief shall include s0ecific findings of fact and shall be issued in a manner and form that is accePtable to the County_ Attorney. Any determination for relief that is made by the Community Development Director shall be recorded in the public records of St. Lucie County_. All other requirements of this Code relating to 0arking surfaces. Derimeter and interior landsca0ing and stormwater management shall be com01ied with. unless varied in accordance with the provision of Section 10.00.00 of this Code. For our_Dose of this Section. "change in use" shall mean any chanae in use or activity that 0 O Underline is for addition StYike T,hYoug,h is for deletion Ordinance #99-001d Page 19 Final PRINT DATE: 02/02/99 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 35 36 7.06.02 require~ the issuance of a new zoning com_oliance. The provisions, of this Daragra_oh shall not aDDly for tho~e changes in use interior to a common shoD_Ding center or similar multi-user buildino or structvre provided that no additional parking is reouired by the DroDosed change in use. EXPANSION OF STRUCTURE The proposed expansion in floor area, volume, capacity, or space occupied of any structure existing on or before July 1, 1984, shall result in the compliance with all off-street parking and loading requirements contained in this Code shall be complied with for both existing and new structures. REQUIREMENT FOR ALL WETHER SURFACE FOR ALL REQUIRED OFF-STREET PARKING AND VEHICULAR USE AREAS. All required Off-street oarking spaces, access aisles, vehicular use and off-street loading areas constructed, expanded or altered after March 1, 1999, shall be constructed with an all weather surface meeting the requirements of the St. Lucie County Public Works Deoartment. NONCONFORMING USES When repairs and alterations are to be made in a building occupied by a nonconforming use, all off- street parking requirements contained in this Code shall be complied with if the cost of repairs and alterations exceed fifty (50) percent of the assessed value of the building and structures. OFF-STREET PARKING REQUIRED OFF-STREET PARKING The following off-street parking shall be provided for the uses described in Table 7-20. O Ul ~nderline is for addition StYika T,%;O~,h is for deletion Ordinance #99-001d Page 20 Final PRINT DATE: 02/02/99 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 32 33 34 35 TABLE 7-20 (Partial only - See Land Development Code for balance of table) Hotel/Motel Units ~..C~, 1.1 spaces for each guest room, plus 10 spaces per 1,000 square feet of floor area for restaurants and lounge areas. OFF-STREET PARKING REGULATIONS Design Standards a. The minimum size of a parking stall shall be as follows: standard: 10 feet X 18 feet parallel 8 feet X 23 feet handicapped 12 feet X 18 feet (CH 316.1955(3) F.S.) ( insert Figure 7-23) Two (2) feet of the required eighteen (18) feet may be in grass instead of pavement if that two (2) feet is not included in any other required landscape or separation area. Angled parking may be used consistent with the method of measurement identified in Figure 7-23. All off-street parking shall be designed with access aisles in accordance with the Table 7-21 below: TABLE 7-21 Angle of parking Aisle Width (feet) (degrees) Two Way One Way 90 26 26 75 22 22 H h3 O L~ 0 Underline is for addition 3tzike T,%£o~g,% is for deletion Ordinance #99-001d Page 21 Final PRINT DATE: 02/02/99 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 35 36 7.09.00 TABLE 7-21 Angle of parking Aisle Width (feet) (degrees) Two Way One Way 60 20 20 45 20 16 30 20 16 0 (parallel) 20 16 Off-street parking facilities, including access drives and aisles for all multi-family, including two-family and three-family_ dwellinas._ and non-residential uses mqu;r,n,3 ~;t~ ~,,,=,-'--, ~ ...... shall be paved and shall be marked either by painted lines, precast curbs, or in a similar fashion to indicate parking spaces. No paving or vehicular use area, other than shared entrance or exit drives located in accordance with Section 7.05.06, shall be installed within ten (10) feet of adjoining property or within fifteen (15) feet of any road right-of-way frontage, and said unpaved area shall be landscaped in accordance with Section 7.09.00. · -- -" .......... :-~-- -:'- -' .......... ' shall be designed so that All off-street parking areas ............ ,~ ...... ~ .... ~ ..... ~,~ ..... motor vehicles can exit without backing into a street, except for single-family, two-family and three-family dwellings. Paragraph f through j -- No Change Parking or display of any motor vehi(;;le, recreational vehicle, boat. trailer or other vehicle in any required landscape area is prohibited. Paragraph 2 through 5 -- No Change LANDSCAPING AND SCREENING Underline is for addition Stzike Thzough is for deletion Ordinance #99-001d Page 22 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 7.09.02 APPLICABILITY The landscaping requirements of this Section shall apply to all non-residential uses. including all re(]uested changes in use, except for tho~,e VSe~ interior to a common shopping center or similar multi-user building or structure provided that no additional parking is re(~uired.-(regardless of site plan status), mobile home parks and subdivisions, recreational vehicle parks, and multiple-family residential uses. Detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences must comply only with Sections 7.09.03 and 7.09.04(I) of this Code. Bona-fide agricultural uses and operations are exempt from the provisions of this Section, except for that portion of the activity involving the retail sale of materials produced on site, and as may otherwise be re(~uired bv this code. 7.09.03 GENERAL PROVISIONS A. REQUIREMENT FOR LANDSCAPING PLAN A general landscaping plan shall be required with all building permit applications associated with any new structural construction or ef~ addition to any existing structure, except for those structures that are part of a bona-fide agricultural use or operation, except {as may otherwise be specifically addressed bv this Code. and that as part of that operation do not involve the retail sale of materials produced on site. In addition to demonstrating compliance with the other provisions of this Code, all landscaping plans must show the location of all existing and proposed utility lines and rights-of-way. The general landscape plans shall indicate the relationship of the proposed landscaping to these utility lines and rights-of-way and shall demonstrate compliance with the other provisions of this Code. The general landscape plan shall identity the type and quantity of all plant and tree species to be installed consistent with the provisions of this Code. Prior to the issuance of any certificate of occupancy or other final occupancy/use authorization, the Community Development Director shall inspect and verify that the landscape plantings on the property are consistent with the approved landscaping plans. Paragraph B & C - No Changes D. MAINTENANCE The owner shall be responsible for the maintenance of all landscaping, which shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance free from refuse and debds. Maintenance shall include the replacement of all unhealthy and dead material within ~ (CC) thirty_ (30) days in conformance with the approved site plan/or landscape Dian. Violations of this sectiQn, or failure to maintain all re(3uired landscaping shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The 30 day rule for compliance may be extended, when necessary_, by the County Administrator or his designee to permit recovery_ from acts of nature such as a hurricane or a freeze. h3 O -r-j r'r3 O Underline is for addition St~ik~ T,~£~,~ is for deletion Ordinance ~99-001d Page 23 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 PLANT 1. MATERIALS Quality Plant materials used in conformance with the provisions of this Code shall conform to the standards of Florida No. 1 or better as given in "Grades and Standards for Nursery Plants", 1973, and "Grades and Standards for Nursery Plants", Part II, Florida Department of Ag Se '"":-" ....... ' - ~ riculture and Consumer n/ices .............. fi',~ ;n th~ ""~'-- ,,f ,,.A ,-, ...... :,.. ......... : ..... or standards equal thereto All plant materials shall be insect- and disease- resistant, and shall be clean and reasonably free of weeds and noxious pests or diseases when installed. Plant materials that are known to be intolerant of paving environments, whose physical characteristics may be injurious to the public, or that produce a quantity and quality of debris so as to present maintenance difficulties shall not be specified for use under this Code. 2. Trees ao Trees shall be species having an average mature spread of crown of greater than fifteen (15) feet in St. Lucie County and have trunks that can be maintained in a clean condition. Trees having a mature crown sDread of less than fifteen (15) feet may be arranged or grouped so as to create the equivalent of a fifteen (15) foot spread, however, any ~uch group or grouP,,; shall only count as one ('1) tree for the purpose of compliance with this Code. Palm trees may be clustered into groups of three (3) to achieve this minimum fifteen (15) foot crown. All palm trees shall have a minimum clear trunk of ten (10) feet when installed. Three palm trees are equal to one shade tree having a mature spread of fifteen (15) feet. Tree species shall be a minimum of-te¢~t~ twelve (12) feet in height and have a caliper of two and one-half (2 1/2) inches at four and one-half (4 1/2) feet above the ground when installed. Height ~h¢l be determined by the averaoe end of all branches not the tallest branch or two. All required trees, except palms, shall have a minimum of five (5) feet of clear trunk and a minimum five (5) foot canopy spread at time of planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public roads or works, unless the tree root system is completely contained with a barrier for which the minimum dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four (4) inch thick concrete reinforced with number six (6) road mesh (6x6x6) or equivalent. o O L4 -'O :3::> m 0 .4:) Underline is for addition Strike T,~rou~,h is for deletion Ordinance #99-001d Page 24 Final PRINT DATE: 02/02/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ~0 31 32 33 34 35 36 37 38 39 40 41 42 43 44 hi_. None of the following trees shall be used to meet the requirements of this section: Melaleuca leucadendra (Punk Tree) Casuarina spp. (Australian Pine) Dalbergiasissoo (Rosewood) Albizzia lebbeck (Woman's Tounge) Bishofla javanica (Bishofia) Enterolobium cycocarpum (Ear tree) Ficus spp. (Non-Native Ficus) Sapium sebifrum (Chinese Tallow Tree) Melia azedarach (Chinaberry) Schinus terebinthefolius (Brazilian Pepper) Cupianopsis anacardiodes (Carrotwood) Acacia auriculiformis (Earleaf Acacia) Araucada heterophylla (Norfolk Island Pine) Brassaia actinophylla (Scheffiera) Eucalyptus spp. (Eucalyptus) Grevilla robusta (Silk Oak) Syzygium cumini (Java Plum) and all non-native fruit trees such as orange and grapefruit trees. Fifty (50) percent of the required trees shall be soecies other than palm trees, except that on North and South Hutchinson Island the Community_ DeveloDment Director may aoorove the use of mix of tree species of more than 50% 0aim trees if it is demonstrated to the satisfaction of the Director that the particular site is exoosed to high salt imf)acts or other similar natural conditions that are not conducive to non- coastal plant species. VVhen more than ten (10) trees are required to be planted to meet the requirements of this Code, a mix of species shall be provided. The minimum number of species to be planted are indicated in Table 7-30. When a mix of species is required, no single species shall exceed a 2 to 1 ratio relative to all other individual species. TABLE 7-30 Required Number Of Trees Minimum Number Of Species 11-20 2 21-30 3 31-40 4 41+ 5 AHeast-rae% One hundred {100%) 0ercent of the planted trees shall consist of native species such as Live Oaks (Quercus virginiana), Laurel Oaks (Quercus laurifola), slash pine (Pinus elliotti), or other species listed in Section 7.09.06(C)(2)(d), Native and Drought-Tolerant Vegetation. The requirements for canopy or shade trees shall be exempted by the Community Development Director when the proposed location of the canopy or shade trees will be in conflict with overhead power lines as O O Underline is for addition StJik~ T,~%o~,~ is for deletion Ordinance #99-001d Page 25 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 described in Section 7.09.04(E)(2)(-i-)~ of this Code. The Community Development Director shall require mitigation at a minimum ratio of one to one to compensate for the loss of any canopy or shade tree. No tree shall be planted where it could, at mature height, conflict with overhead power lines. Larger trees (trees with a mature height of 30 feet or more) shall be planted no closer than a horizontal distance of 30 feet from the nearest overhead power line. Medium trees (trees with a mature height between 20 - 30 feet) shall be off-set at least 20 feet horizontally from the nearest overhead power line. Small trees (trees with a mature height of less than 20 feet) shall not be required to meet a minimum off-set, except that no tree, regardless of size shall be planted within five (5) feet of any existing or proposed utility pole, guy wire, pad mounted electrical transformer or other utility transmission/collection structure or equipment. Palm trees with a maximum mature height great enough to interfere with overhead power lines shall not be planted below overhead power lines and shall be located a minimum of two and one half (2 1/2) feet, plus the average mature frond length, outside of any utility right-of-way. The Community Development Director, in consultation with Florida Power and Light Company, shall maintain a list trees typically found in the South Florida area that at mature growth heights can reasonably be expected to interfere with overhead power lines. (insert existing Figure 7-30) Shrubs and Hedges Shrubs shall be a minimum of-~C'~ee~-~ twenty four (24) inches in height above grade immediately after planting. Hedges, where required, shall be planted and maintained so as to form s t;vo~,.j"~' '--',,.,,,, thirty (30) inch or higher continuous, unbroken, solid visual screen within~-mex'imum~ one (1) year after the time of planting. Vines Vines shall be a minimum of twelve (12) inches in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements. Ground Covers Ground covers, other than grass, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within-f~e-(9) four (4) months after planting. Lawn Grass 1'..2 O '1'3 m O Un¢~l~ is for addition St~ik~ T,h~o~,h is for deletion Ordinance #99-001d Page 26 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 Grass areas shall be planted in species normally grown as permanent lawns in St. Lucie County. Grass areas may be sodded, plugged, sprigged, or seeded, except that solid sod shall be used in swales or other areas subject to erosion. When other than solid sod is used, protective measures shall be taken until complete coverage is achieved. Native Vegetation The preservation of existing native vegetation is re(~uired where the location of said vegetation is not in conflict with the proposed building or parking areas, cnccurc,.~;d t; ;c, tl;,~; · ,.,,,~A, ~,~,-, ~,,,~,,,o: ....... ' ,~,' '":~,,,,~ ,.,~,.,,,,,,.°A~':~- The Community Development Director may require that reasonable changes be made to any development or application for buildin(3 permit for the purpose of preserving or protecting an_v special or uni(3ue existing tree(s~ or native habitat. If the proposed landscape area preserves the existing native vegetation, no additional plantings will be required if adequate screening is provided. The Community_ Development Director shall determine if the preserved native vegetation meets the intent of this Code. 8. Synthetic Lawns Synthetic or artificial turf shall not be used in lieu of the plant requirements in this Code. 9. Synthetic Plants Synthetic or artificial material in the form of trees, shrubs, ground covers, or vines shall not be used in lieu of the plant requirements in this Code. 7.09.04 GENERAL LANDSCAPING REQUIREMENTS The following landscaping requirements shall apply to all non-residential, mobile home parks/subdivisions. recreational vehicle parks, and multi-family residential uses. including all re(3uested changes in use. except for those use interior to a common shopping center or similar multi-user building or structure provided that no additional parkin(~ is reauired, regardless of whether a site Dian is re(~uired or not. A. REQUIRED LANDSCAPING ADJACENT TO PUBLIC OR PRIVATE STREET OR ROAD RIGHTS-OF-WAY The area between-Whefl any building, off-street parking area or other vehicular use area ~ · · · abutting ~;treet road ,..,,.,,,..,~, ~,..,,...,,..~, ,..~, o,, ,,,L,~,.,..,,,,,u ,.,,.,,,.,,,,u ,.,, ~,,-,,-.~,.,,.- ,,,-,,,, ~,,, a or right-of-way,-t~e-ar-ee shall be designed and landscaped as follows: A strip of land at least fifteen (15) feet in depth shall be located between the abutting street or road right-of-way and-the any off-street parking area wh:,ch and shall be landscaped to include one (1) tree for each thirty (30) linear feet of abutting right-of-way or major fraction O L~ r'l-i O Underline is for addition 3t~ikc T,~O~,~ is for deletion Ordinance #99-001d Page 27 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 thereof. In addition, a hedge, wall or other durable landscaping barrier shall be placed along the interior perimeter of-t~e this reouired landscaped strip,," ;.;;ch r--. "--'':--' "~ A' ------ ..,~.,, All property lying between the right-of-way and off-street parking or other vehicular use area ethe¢ outside {%act the required landscaped strip shall be landscaped with at least grass or other ground cover. Necessary accessways from the public right-of-way through all such landscaping shall be permitted to service the principal use, parking or other vehicular use areas· Noncontinuous landscaped earthen berms may be used in conjunction with the planting of a continuous hedge provided that the intent of the visual barrier created by the hedge is maintained. Maximum slope ratios for all earthen berms shall be no greater than 3:1. Fences. walls or other similar barriers, whether they are constructed of opaoue materials or not. may be located in any reouired yard, consistent with the provision for Section 8.00.00 of this Code. All rec!uired perimeter landscaping shall be located on the outside (street side) of the wall or fence. Any brick, masonry, stockade or similarly constructed wall adjacent to a public or private street right-of-way shall be designed and constructed SO that the wall fac~. facing the street or road is articulated in such manner as not to result a continious fiat wall surface facin0 the street or road riqht-of-wav. Figure 7-31 generally depicts the placement of a fence or wall along a public or private street right-of-way. Pedestrian and vehicular access throuoh any wall or fence are permitted, however the wall or fence shall be places so that adeouate sight distance at any vehicular or pedestrian access is maintained. It shall be the responsibility of the property owner to maintain all landscaDin(~ along the outside edge of any fence or wall consistent with the requirements of this Code. (Insert existing figure 7-31) PERIMETER LANDSCAPING RELATING TO ABUTTING PROPERTIES VVhen an off-street parking area or other vehicular use area will not be entirely screened by an intervening building or structure from a._Qn abutting property, that portion of such area not screened shall be provided with a landscaped buffer of not less than ten (10) feet in width. Such landscaped buffer shall be designed and planted with a hedge or other durable landscape barrier not less than six (6) feet in height within~ one (1) year after planting to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscaped barrier shall be located between the common lot line and the off-street parking area and other vehicular use areas.-A-s~-(~)-~[~ O Ul Underlin~ is for addition St~ik~ T,~£o~L is £or deletion Ordinance #99-001d Page 28 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 In addition, one (1) tree shall be provided for each thirty (30) linear feet or major fraction thereof of such landscape barrier. Noncontinuous landscaped earthen berms may be used in conjunction with the planting of a continuous hedge provided that the intent of the visual barrier created by the hedge is maintained. Maximum slope ratios for all earthen berms shall be no greater than 3:1. Fences. walls or other similar barriers, whether they are constructed of oDac~ue materials or not. may be located within any reguired yard. consistent with the provisions of Section 8.00.00 of this Code. All re(~uired perimeter landscaping shall be located along the outside of the wall or fence. Pedestrian access through any wall or fence may be permitted. however the wall or fence shall be placed so that adeguate sight distance at the pedestrian access is maintained. It shall be the resDonsibility of the property_ owner to maintain all landscaping along the outside edge of any fence or wall consistent with the reguirements of this Code. PARKING AREA INTERIOR LANDSCAPING 1. Generally Surface parking and other vehicular use areas shall have at least one (1) square foot of intedor landscaping for each eighteen (18) square feet or major fraction thereof of off-street parking and vehicular use area. Each separate landscaped area shall contain a minimum of one hundred eighty (180) square feet and shall have a minimum width of at least ten (10) feet and shall include at least one (1) tree with the remaining area adequately landscaped with shrubs, ground cover, or other authorized landscaping material not to exceed three (3) feet in height. Properties that are designated Industrial Extraction (IX) and Utilities (U) will be exempt from any parking area interior landscaping requirements and only need to provide interior landscaping for any re(]uired parking/access aisle areas. All other vehicular use areas are exempt from the interior landscaping re(3uirements. 2. Vehicle Encroachments into Landscaped Areas The front of a vehicle may not encroach upon any re(3uired landscaped area. Two (2) feet of the required depth of each parking space abutting on a landscaped area may be planted in extra grass or ground cover provided that a suitable motor vehicle stop is provided. 3. Terminal Landscape Islands Each row of parking stalls shall be required to end in a landscaped island which shall 0 Underline is for addition St;ika T,~zo~,h is for deletion Ordinance #99-001d Page 29 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 measure no less than ten (10) feet in width, or less than fifteen (15) feet in length. At least one tree shall be provided for each terminal island. Interior Landscape Areas No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of one hundred eighty (180) square feet for a single row of parking or four hundred square feet for a double row of parking. Each interior landscaped area shall have a minimum width of ten (10) feet. Curbing All terminal landscaped islands and interior landscaped areas shall be surrounded with a continuous raised, nonmountable curb in accordance with the specifications for public works of St. Lucie County as identified in Chapter 13 of this Code. 6. Off-Street Parking Lot Median Landscaping A linear landscape median between two abutting rows of parking may be used to satisfy, in part, the requirements of this Section relative to interior landscaping. Terminal islands are required as described in Section 7.09.04(C)(3). Thl; A landscaped parking lot median must be a minimum of fh, e eight (8) feet in width and provide for the planting of at least one tree for every thirty linear feet of median length or fraction thereof. All parking lot median landscaped areas shall be protected with a continuous, raised, nonmountable curb or throu,~h tbs ~, ......... cf .... '- ..... in accordance with the specifications for public works of St. Lucie County as identified in Chapter 13 of this Code. VISIBILITY FOR LANDSCAPING ADJACENT TO THE PUBLIC RIGHTS-OF-WAY AND POINTS OF ACCESS When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed provided they are so located so as not to create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement. The triangular areas referred to above are: The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being fifteen (15) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides. 0 L4 0 Ul 01 Underline is for addition St£ike T,hzou~,h is for deletion Ordinance #99-001d Page 30 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 The area of property located at the comer formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being thirty (30) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. LANDSCAPED BUFFER AREAS BETWEEN NON-RESIDENTIAL AND RESIDENTIAL USES Buffer areas between non-residential and residential uses shall be landscaped with a fence, wall, landscaped berm. er continuous hedge or other durable landscaped barrier of at least six (6) feet in height that forms a continuous screen between the uses. In addition, one (1) tree shall be provided for each thirty (30) linear feet or ma_ior fraction thereof of buffer area. Fences, walls or other similar barriers, whether they are constructed of oDaaue materials or not. may be located within any required yard. consistent with the orovisions of Section 8.00.00 of this Code. All required perimeter landscaping shall be located along the outside of the wall or fence. Pedestrian access through any wall or fence may be permitted, however, the wall or fence shall be _placed so that adequate sight distance at the pedestrian access is maintained. It shall be the resDonsibility of the property owner to maintain all landscaoing along the outside edae of any fence or wall consistent with the requirements of this Code. OFF-STREET LOADING SPACES AND WASTE RECEPTACLES All off-street loading spaces and waste receptacles shall be fully screened from any residential use by a uniformly colored, solid visual and auditory barrier of not less than six (6) feet in height, or a densely planted landscape screen consisting of evergreen shrubs or trees that shall be at least four (4) feet in height when planted and that can be expected to reach at least six (6) feet in height within .... ~..~ one (1) years. The screening shall extend the full length of any loading facility with openings as required for ingress and egress; however, there shall not be greater than twenty (20) percent open space within the screen. EXISTING OFF-STREET PARKING AND LOADING LOTS When an off-street parking or loading lot existed as of the effective date of this Code and such off-street parking lot is enlarged in area or capacity, the entire parking lot, both old and new, shall comply with this Code. Underline is for addition 3t;ike T,~z~G,~ is for deletion Ordinance #99-001d Page 31 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 LANDSCAPING AND SCREENING REQUIREMENTS FOR BACK-SIPHONAGE AND BACKFLOW PREVENTERS 1. It shall be the responsibility of the developer to landscape and screen backflow preventers. 2. Backflow preventers shall be placed on private property. A continuous landscaped buffer shall be placed around the backflow prevention device, to provide a visual screen from adjacent properties. All shrubs or hedges shall be a minimum of eighteen (18) inches above grade immediately after planting, and shall be planted and maintained so as to form a four (4) foot or higher continuous, unbroken, solid visual screen within one (1) year after the time of planting. LANDSCAPING REQUIREMENTS FOR RESIDENTIAL STRUCTURES OF THREE OR FEWER UNITS Any new residential structure containing one (1), two (2), or three (3) units must preserve or plant one (1) tree for every 2,500 square feet of the subject lot or parcel of land, up to a maximum planting of 17 trees per lot or parcel. On any lot or parcel greater than one acre in area, the provisions of Section 6.00.00, Vegetation Protection and Preservation, shall be complied with. All trees preserved or planted in order to meet this landscaping requirement shall meet the standards of Section 7.09.03(C)(2) of this Code. AHeast--r'oe~ One hundred (100%) percent of the planted trees shall consist of native species such as Live Oaks (Quercus virginiana), Laurel Oaks (Quercus laurifola), slash pine (Pinus elliotti), or other species listed in Section 7.09.06(C)(2)(d), Native and Drought-Tolerant Vegetation. LANDSCAPING REQUIREMENTS FOR ENCLOSED BUILDINGS OR GROUPS OF BUILDINGS USED FOR THE PRODUCTION OF FOOD. PRODUCE. ANIMALS (LAND OR WATER SPECIES), OR ORNAMENTAL PLANTS OR TREES IN A AGRICULTURAL ZONING DISTRICT. Any new enclosed building, or group of buildings, used for the Droduction of food, animals (land or water species) or ornamental products, excluding pole barns, sheds or barns used for the housing or sheltering of animals or livestock as an accessory_ use to the agricultural production operations, shall provide a minimum ten (10) foot wide landscape strip adjacent to. and around the Dedmeter of the building or group of buildings used for this purpose. This landscape stdD shall include at least one (1) tree. meeting the requirements of this Code, for every_ 30 liner feet of the building or group of buildinas Derimeter. O One hundred (100 ~) percent of the planted trees shall consist of native species SU(;;h aS Live Oaks (Quercus virginiana). Laurel Oaks (Quercus laurifola), slash pine (Pinus elliotti), or other species listed in Section 7.09.06!C)(2)(d). Native and Drought-Tolerant Vegetation. O O Underline is for addition St~ika T,h~o~,~ is for deletion Ordinance #99-001d Page 32 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 3. Exceptions/Administrative Relief: The Community Development Director may arant relief from the requirements of this paragraph if it is shown to the satisfaction of the Community Development Director that the building or group of buildings being used for the production of food, animals (land or water speciesl or ornamental plants or trees is: more that five hundred (500) feet from any adiacent property_ that is not under the ownership or control of the developing party. Road right-of-way and drainage canal right-of-way are not excluded from this property determination; or, Is adequately screened by an existing native vegetation buffer meeting the intent of this paragraph. This existing native vegetative buffer must be located on the property_ that the building or groUP of buildings is located on. If relief is granted under this paragraph, and if the native vegetation buffer is ever removed fro {any reason, the property_ owner shall be responsible to provide new plantings consistent with the requirements of this code. OFF-STREET SITE LIGHTING REQUIREMENTS & GENERAL DESIGN STANDARDS General Reauirements Where artificial outdoor lighting is provided, it shall be designed and arranged so that no source of the lighting will be a visible nuisance to ad!pining property used or zoned for a residential purpose. In addition, the lighting shall be so designed and arranged SO as to shield public streets and highways and all ad!acent properties from direct glare or hazardous interference of any kind. For non-residential properties that abut Droperty used or zoned for a residential purpose to the rear, or side, the following shall apply: 1_. For properties with a depth in excess of 200 feet: The maximum allowable mounting height of all outdoor liqht fixtures within 50 feet from the front property_ line is 25 feet, provided that such fixtures shall be shielded from public streets and highways to prevent direct glare or hazardous interference of any kind. The maximum allowable mounting height of all outdoor light fixtures between 50 feet from the front property_ line and 75 feet from the rear property_ line is 20 feet provided that such fixtures shall be shielded from all ad!acent properties to prevent direct (~lare or hazardous interference of any kind. The maximum allowable mounting height of all outdoor light fixtures within 75 feet from any property_ line abuttin(~ a residential zoning district, includinq the AR-1 zoning district is 6 feet, or not to extend above the height of the buffer wall. 2_. For properties with a depth less than 200 feet: O O UndeTl~n--¢--i~ for additign Stzikc T,%~o~,\ is for deletion Ordinance #99-001d Page 33 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 The maximum allowable mounting height of all outdoor light fixtures within 25 feet from the front proDerb/- line is 25 feet. provided that such fixtures shall be shielded from public streets and highways to prevent direct glare or hazardous interference of any kind. The maximum allowable mounting height of all outdoor li(~ht fixtures between 25 feet from the front property line and 25 feet from the rear property_ line is 20 feet provided that such fixtures shall be shielded from all adjacent properties to prevent direct glare or hazardous interference of any kind. The maximum allowable mounting height of all outdoor light fixtures within 25 feet from any DroDerty line abutting a residential zoning district including the AR-1 zoning district is 6 feet or not to extend above the height of the buffer wall. All outdoor lighting installations shall use concealed source fixtures. These shall be cut-off type fixtures in which the lenses do not Dro_iect below the opaque section of the fixture. All lighting fixtures shall be mounted with a zero degree tilt. Ground mounted flood and spotlight fixtures that are used to illuminate the building facade are exempt from this requirement. Fixture styles shall be consistent throughout the site. Ground mounted flood and spotlights, if used. shall be placed on standards pointing toward the building or wall and positioned so as to prevent light from glaring onto residential areas, rather than the buildings or walls and directed outward which creates dark shadows adjacent to the buildings. 5. Building mounted outdoor liahting fixtures, other than those required by ordinances and regulations of the County_. are prohibited on the rear or sides of buildings adjacent to residential zoning districts, includina the AR-1 zoninq district. All other building mounted outdoor lighting fixtures reauired by ordinances and reaulations of the County shall be. shielded to prevent light from glaring on residential areas. All outdoor lighting fixtures in place prior to March 1, 1999, shall be permitted to continue operation. However. any outdoor lighting fixture that replaces an existinq fixture, or any existing fixture that is moved, must meet the standards of this Code. Existing fixtures that direct light toward streets, and are determined to be a traffic hazard, or existing fixtures that direct liaht toward adjoinina ProPerty used or zoned for a residential purpose shall be either shielded or redirected within 90 days of notification. 7_. Parks and recreational uses are exempt from the above requirements. Nothing in this Section is intended to cQntravene the requirements of Section 6.04.02 (Sea Turtle Protection). In the event of a conflict between these regulations, the stdcter to the two standard shall apply. The Community Development Director is empowered to determine the stricter of the two standards to be applied. ADMINISTRATIVE RELIEF FROM THE PROVISIONS OF THIS SECTION 0 Ul ~) Underline is for addition Strike T,~O~:, is for deletion Ordinance #99-001d Page 34 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 47 Where the Community Development Director determines based upon a showing by the applicant for any Final Development Order, that a literal application of these regulations will not meet the general spirit and intent of this Code as a result of use, traffic patterns, drainage or other issues of configuration, he shall permit an alternate landscape scheme in accordance with the provisions of this Section. Any area landscape plan submitted as an alternative shall be designed in such a manner that the alternate landscape area and the amount of material provided equal at least one and one half (1 1/2) times the amount that was originally required. 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 throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 filing with the Department of State, except that the proposed amendments to Sections 7.09.03(E)(2)(c); 7.09.03(E)(2)(i); and 7.09.03(E)(3) shall not be effective until June 1, 1999. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: 0 O O U~e~line is for addition Stzik~ T,%£o~g,% is for deletion Ordinance #99-001d Page 35 Final PRINT DATE: 02/02/99 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 35 36 37 38 39 40 41 42 43 44 45 46 47 Chairman Paula A. Lewis Vice Chairman John Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson AYE AYE AYE AYE 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 2nd day of February, 1999. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA COUNTY A~/~EY O I'rl Underline is for addition Stzike T,h£~,L is for deletion Ordinance #99-001d Page 36 Final PRINT DATE: 02/02/99 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 DJM 99-001d(LDCamends - disc #8) 0 Underline is for addition Stzike T,hYoug,h is for deletion Ordinance #99-001d , Page 37 Final ' ' PRINT DATE: 02/02/99