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HomeMy WebLinkAbout20-023 ORDINANCE No. 2020-23 FILE NO.: TLDC-5202025742 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, CHAPTER VII, DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS, SECTION 7.04.00 — AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS, TABLE 7-10 — LOT SIZE AND DIMENSIONAL REQUIREMENTS TO INCREASE THE ALLOWABLE LOT COVERAGE, BY BUILDINGS, TO TWENTY (20) PERCENT WITHIN THE AGA, (AGRICULTURAL-1) ZONING DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, m A�D O coordinate and enforce zoning and such business regulations as are necessary n MZ0 ° m for the protection of the public; and, p0a �x nm n A N M 0 o; 3 3. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt .,,-SO_ LP c N Z- ordinances and resolutions necessary for the exercise of its powers and to Mt A prescribe fines and penalties for the violations of ordinances in accordance with 0 A law. N n p O 2 o M 4 . On June 18, 2020, the Local Planning Agency/Planning and Zoning Commission 0 held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be 0 forwarded with a recommendation for approval. Z 1 5. On July 7, 2020, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On August 4, 2020, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 7. 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, are internally consistent with the remainder of Underline is for additions. Ctrikethreug, is for deletion. the Land Development Code and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS: A. 7.04.00. - AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS 7.04.01. - Requirements. A. Density, Height and Lot Coverage — General. Except as modified by the provisions for conditional uses or variances, no structures shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage shown in Table 7-10 for the Zoning District in which it is located. B. Area, Width and Yard Requirements - General. Except as modified by the provisions for conditional uses or variances, no structure shall be ' constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is less than the minimum lot area, minimum lot width, and minimum yard requirement as shown in Table 7-10 for the zoning district in which it is located, except that unsupported roof overhangs may encroach up to thirty (30) inches within any required yard setback area. This provision does not supersede the restrictions of Section 7.10.16(Q)(1)(a) of this Code. TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUIREMENTS Zan Maxim Minim Minim Minim Minimum Yard Ma Max. ing um um um um X. Lot Distric Gross Lot Lot Road Hht Cover t Densit Size Width Fronta L age by y A ge E Buildin (Du/ C — a) 0 gs Ac) 0- (a) u - AG -1 AGRICUL 1 43,56 150 60 5 3 2 30 80( 10%(j) TURAL - 1 0 0 0 0 i) 20% Underline is for additions. Svikethi:eugh-is for deletion. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. 1:7-113 ffl ki I After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair AYE Chris Dzadowsky, Vice -Chair AYE Sean Mitchell, Commissioner AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE Underline is for additions. StFi1(ethF9ugI;,is for deletion. 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 re -lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ENACTED this 4th day of August, 2020. Attest: Board of County Commissioners St. Lucie County, Florida By: y I Chair C Approved As To Form and tiCorrectness: r FLO By: (�1) County Attorney Underline is for additions. StFikethmugh-is for deletion. FLORIDA DEPARTMENT 0 STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State August 12, 2020 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Lillian O'Farrell Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2020-023, which was filed in this office on August 12, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us