HomeMy WebLinkAbout20-029ORDINANCE No. 2020-29
FILE NO.: TLDC-120195456
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE, SECTION .2.00.00 DEFINITIONS; SECTION 9.01.01
PERMITTED PERMANENT SIGNS; AND SECTION 9.03.00.H. PROHIBITED
SIGNS; ALLOWING CHANGEABLE MESSAGE MONUMENT SIGNS;
PROCEDURE FOR ADMINISTRATIVE VARIANCE; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF
m 0 M a `o STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION;
o W M E, m AND PROVIDING FOR CODIFICATION.
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N N o 3 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board)
N A N C
o rn N j express the concern that changeable -message monument signs provide visual
W o X distractions to motor vehicle operations and pedestrians that is. greater than those
w o created by static signs. The Board finds that this ordinance is therefore necessary to
= define, allow and establish design standards for changeable -message monument signs
owithin certain zoning districts.
FR C
0 o WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, find that
Z C this Ordinance is therefore necessary and essential to protect public safety, and
i represents the minimum necessary regulation to achieve that purpose.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, 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,
coordinate and enforce zoning and such business regulations as are necessary
for the protection of the public; and,
3. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt
ordinances and resolutions necessary for the exercise of its powers and to
prescribe fines and penalties for the violations of ordinances in accordance with
law.
4. On October 15, 2020, the Local Planning Agency/ Planning and Zoning
Commission 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 forwarded with a recommendation for approval, including an
administrative variance process from some residential requirements in accordance
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with the procedures outlined in St. Lucie County Land Development Code Section
10.01.00.
5. On November 10, 2020, this Board held the first public hearing on the proposed
ordinance, after publishing due notice in the St. Lucie News Tribune.
6. On December 1, 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
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. 2.00.00. - DEFINITIONS.
Footcandle (k): The unit of illumination when the foot is taken as the unit of length. It is the
illumination on a surface one square foot in area on which there is a uniformly distributed flux of
one lumen. or the illumination produced on a surface, all points of which are at a distance of one
foot from directionally uniform aoint source of one candela.
Licht -Emitting Diode (LED): An electronic device that emits light when an electrical current is
passed through it.
Light Meter., A handheld device that used measure or meter light. A light meter can read the
ambient light in a scene, or direct light from a light source and calculate the correct shutter speed
and aperture values required to capture an accurate exposure.
Monument Sign: " A ground sign that is connected to the around or supported
by a freestanding wall, pedestal. or other structure. so that there is no clear space between the
bottom of the sign and the ground no less than 80% width of the sign. A monument sign does
not have any exposed pole or pylon.
rAeans of retating r angels - whin rstitute Pvrrare -part of the sign faGe.
Scroll. A mode of message transition where the message is changed by the apparent vertical or
horizontal movement of the letters or graphic elements of the message.
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4
Static Messaue: Messages that do not have movement or the appearance or optical illusion of
movement during the static display period, of any part of the sign structure, design, or pictorial
segment of the sign. including the movement or appearance of movement.
B. 9.01.01. — PERMITTED PERMANENT SIGNS
The following signs or advertising structures of a permanent nature shall be permitted within
the following zoning districts:
A. Agricultural - 1 (AG-1); Agricultural - 2.5 (AG-2.5); Agricultural - 5 (AG-5).
Type of Sign Maximum I Maximum Maximum Other Standards
Number Size Height
Nameplates
1 per dwelling unit
3 s.f.
n/a
non -illuminated
-Non-illuminated,
externally illuminated,
1 double-faced ground or 2
or backlit
Ground or
single -faced wall or ground
32 s.f.
10 feet
-Reduce maximum
Wall Signs
signs per entrance to
sign area by 50% if
residential development, I
entrances are located
farm, or ranch.
i less than 300 ft. of one
another.
Directional
One per lawful driveway,
Non -illuminated,
Signs
otherwise as necessary for
6 s.f.
n/a
externally illuminated,
safety
or backlit
-Only permitted along
1-95 and the Florida
Turnpike.
-50 feet above
-1,500 feet apart on
crown of road
same side of road.
Billboards
n/a
378 s.f.
or finished
•200 foot minimum
grade.
separation from
residential zones.
-See Section 9.02.02
j
for general billboard
i
I
provisions.
Public Utility
n/a
n/a
n/a
n/a
Signs
I
1. One (1) non -illuminated nameplate per dwelling unit or structure which shall not exceed
three (3) square feet in sign area.
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2. One (1) double-faced, ground sign or two (2) single -faced, wall or ground signs, located at
each principal entrance into a residential development, farm, or ranch, as generally depicted in
Figure 9-1. Wall signs shall be located on opposite sides of such entrances.
Such signs shall only be non -illuminated, externally illuminated, or backlit, meaning illuminated
by a light source which is placed behind, and shines through, the sign face. The backlighting shall
be designed to minimize glare and dispersion of light other than through the sign face.
3. Changeable -message monument signs shall confirm to the specific requirements of Section
9.03.00. H.
D. Commercial, Office (CO); Planned Mixed Use
Service/Office (Low, Medium, and High Intensities).
Maximum
Development (PMUD) - Professional
Type of Sign ' Number I Maximum Size
Nameplates 1 per occupant. 3 s.f.
e
1 per establishment or
group of establishments
having at least 50 linear
feet of frontage.
If in MXD or COM Land 1 s.f. for every 2
Ground or Use. permitted ground linear feet of
Wall Signs signs may include frontage - 100
changeable -message s.f. maximum.
monument signs,
subject to the
requirements of Section
9.03.00.H. i I
Wall,
Projecting,
and/or Canopy
Signs
(Attached
Canopies Only)
n/a
Total Sign Area:
10% of wall face
area fronting on
main street for
RES, MXD, or
AG Future Land
Uses.
( Total Sign Area:
20% of wall face i
area fronting on
I
main street for
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Maximum
Height
Other Standards
n/a
—_
None
t
_
Non -illuminated,
10 feet for
I externally
RES, MXD,
i illuminated, or
or AG
B
backlit for RES, I
Future Land
MXD, or AG
Uses.
Future Land
Uses.
20 feet for
all other None -all other
Future Land
Future Land Uses.
Uses.
Non -illuminated,
externally
illuminated, or
backlit for RES,
MXD, or AG
n/a Future Land
Uses.
None - all other
Future Land
Uses.
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allr�® other Future
Land Uses.
One per lawful driveway, PNon-illuminated,
Directional I external/
otherwise as necessary 6 s.f_ n/a y
Signs ' for safety. illuminated, or
backlit.
Public Utility I n/a n/a n/a T n/a
Signs i
2. Any establishment or group of establishments that has a street lot frontage of fifty (50) feet
or more, shall be permitted one (1) ground sign which shall not exceed a sign area equal to
one (1) square foot for every two (2) linear feet of street frontage, up to a maximum of one
hundred (100) square feet. Such ground signs shall also be consistent with the following
standards.
a). For property that is located within any non-residential, non-agricultural Future Land
Use District, as established in the St. Lucie County Comprehensive Plan, ground
signs shall not exceed a height of twenty (20) feet.
b). For property that is located within the MXD or any residential or agricultural Future
Land Use District, as established in the St. Lucie County Comprehensive Plan,
ground signs shall not exceed a height of ten (10) feet. Such signs shall only be
non -illuminated, externally illuminated, or backlit, meaning illuminated by a light
source which is placed behind, and shines through, the sign face. The backlighting
shall be designed to minimize.glare and dispersion of light other than through the
sign face.
c). Changeable -message monument signs shall conform to the specific requirements
of Section 9.03.00.H.
E. Commercial, Neighborhood (CN); Commercial Resort (CR); Institutional (I); Religious
Facilities(RF); Planned Mixed Use Development (PMUD) - Institutional (Low, Medium, and
High Intensities), General Commercial (Low Intensity), and Public ServicelUtilities (Low
Intensity).
Type of Sign ` Maximum Maximum Size Maximum Other
I Number Height I Standards
Wall, Total Sign Area:
Projecting,
I n/a 10% of wall face n/a None
and/or Canopy !area fronting on
the main street for
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r. _ ___. —"-- _ ______.
Signs (Attached
__ - ._
._
'RES, MXD, or AG
r
i
Canopies Only) J
j Future Land Uses.
I
;Total Sign Area:
I
120% of wall face
I
area fronting on
I
ithe main street - all
other Future Land
I
'
Uses.
Total Sign Area:
10% of total
canopy face area -
i
23 s.f. maximum
I
I per canopy pY face -
RES, MXD, or AG
i
4 per face of free-
'Future Land Uses.
Canopy Signs
standing canopy
'
n/a
None
structures.
'Total Sign Area:
°
I
; 20% of total
i
canopy face area -
145 s.f. maximum
,
jper
canopy face -
I
,all other Future
i
1
Land Uses.
i
1 per establishment or
10 feet for i
group of establishments
I
RES, MXD f
i
having at least 50 linear
or AG Future
feet of frontage.
1 s.f. for every 2
Land Uses.
Ground Signs
Permitted ground si ns
linear feet of
i
None
may include changeable-
frontage - 100 s.f.
I
{
message monument
maximum.
20 feet for all
signs, subject to the
other Future
6
requirements of Section
Land Uses.
9.03.00. H.
I
Pedestrian
S
1
6
None I
Signs
per establishment.
I s.f.
n/a
Rear Entrance
T
Wall Sin
1 per establishment.
6 s.f.
n/a I
None
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—,_.,., F --- ----
One per lawful driveway, i
Directional Sign otherwise as necessary 6 s.f.
for safety. i
Public Utility T�
Sign n/a n/a
i I
Non-
Iluminated,
externally
aminated, or
backlit
n/a
3. Any establishment or group of establishments that has a street lot frontage of fifty (50)
linear feet or more, shall be permitted one (1) ground sign. Such sign shall not exceed a
sign area equal to one (1) ground sign. Such sign shall not exceed a sign area equal to
one (1) square foot for every two (2) linear feet or major fraction thereof of street frontage
up to a maximum of one hundred (100) square feet. Such ground signs shall also be
consistent with the following standards:
a. For property that is located within non-residential, non-agricultural Future Land
Use District, as established in the St. Lucie County Comprehensive Plan, ground
signs shall not exceed a height of twenty (20) feet.
b. For property that is located within the MXD or any residential or agricultural Future
Land Use District, as established in the St. Lucie County Comprehensive Plan
ground signs shall not exceed a height of ten (10) feet.
C. Changeable -message monument signs shall conform to the specific requirements
of Section 9.03.00. H.
F. Commercial General (CG); Industrial Light (IL); Industrial Heavy (IH); Industrial Extraction
(IX); Utilities (U); Planned Mixed Use Development (PMUD) . - General Commercial
(Medium and High Intensities), Public Service/Utilities (Medium and High Intensities),
Industrial (Medium and High Intensities).
Type of Sign
Wall,
Projecting, [
and/or
Canopy Signs
(Attached E
Canopies
Only)
Maximum
Number
4 per establishment
Maximum Size
Dotal Sign Area:
20% of wall face area
,fronting on main
street. I
i
i
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Maximum Other Standards
Height i
i
n/a
i
None
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Canopy Signs Total Sign Area: ( __
20% of total canopy
(Free- 4 per face of free -
face area - 45 s.f. n/a
standing standing canopy. ;
maximum per canopy
canopies)
,face.
I
For establishments
having from 50 to 150
1 per establishment
linear ft. of frontage: 1
having at least 50
s.f. for every 1 linear
F linear ft. of frontage.
; ft. of frontage - 150 s.f.
Permitted ground
signs may include
maximum.
I
changeable-messag
� monument signs,.
For establishments �
I subject to the
having over 150 ft. of ,
E requirements of
frontage: 1 s.f. for I
Section 9.03.00. H.
every 1 Y2 ft. of
frontage, or 150 s.f.,
whichever is greater -
Ground Signs
200 s.f. maximum. i 30 feet.
1 additional sign for
1 s.f. for every 1 Y2
establishments
linear ft. of frontage in
having over 300 ft. of
excess of first 300 ft.-
frontage.
200 s.f. maximum.
1 additional sign for
establishments i
having at least 300 ft.
of frontage and
outdoor displays
(LDC Section
I 7.10.02). I
I !
Pedestrian
Si ns 1 per establishment.
g
E
Rear
Entrance Wall 1 per establishment.
Sign
100 s.f.
1
6 s.f.
E
6 s.f.
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n/a
n/a
None
Sign area of
individual signs
may be
aggregated, I
except that no
single sign shall
i exceed 200 s.f.
r
I
None
None
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One per lawful
Directional driveway, otherwise
Sign as necessary for
safety.
Billboards
I I
!� I
i
Public Utility
Signs
n/a I 378 s.f
n/a i n/a
la
•35 ft.
above
crown of
road.
•50 ft.
above
None
-only permitted
I along 1-95, the
Florida Turnpike
and those
roadways
identified in
Section
9.02.02(A).
•1,500 foot apart
on same side of
road
crown of 1.200 foot min.
road along
1-95 and, separation from
Fla. Tnpk. ; residential zones
n/a
or use areas.
-See Section
9.02.02(A) for
additional
standards.
n/a
I
4. Any establishment or group establishments having from fifty (50) to one hundred fifty (150)
linear feet of frontage, shall be permitted one (1) ground sign. Such sign shall not exceed
a sign area equal to one (1) square foot for every one (1) linear foot or major fraction
thereof of street lot frontage.
Establishments or groups of establishments having more than one hundred fifty (150)
linear feet of frontage, shall be permitted one (1) ground sign. Such sign shall not exceed
a sign area equal to either one (1) square foot for every one and one-half (1'/) greater up
to a maximum of two hundred (200) square feet. One (1) additional ground sign shall be
permitted when the street lot frontage exceeds three hundred (300) linear feet. The
second ground sign shall not exceed a sign area equal to one (1) square foot for every
one and one-half (1 Y2) linear feet of street lot frontage in excess of the first three hundred
(300) feet or frontage. The sign area of individual signs may be aggregated, except that
no single sign shall exceed a sign area of two hundred (200) square feet.
5. Changeable -message monument signs shall conform to the specific requirements
of Section 9.03.00.H.
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Ground signs, including changeable messa-ge monument signs shall not exceed a height
of thirty (30) feet.
C. 9.03.00. — PROHIBITED SIGNS
-- - - ! - -W.AMAELmm
■
■_low■
al Ip
■
- - -ON- - - - -
Flashing, animated. fire or smoke -emitting, Chan _ eable-message. or noise -making_
signs, except for one (1) changeable -message monument, sign per parcel or group of
parcels under a uniform site development plan, as allowable within a specific zoning
district as provided in Section 9.01.01. and further provided that the changeable
-
messaae sign meets the following requirements:
1. The sign content does not exceed an overall area of thirtv (30) square feet. This
dimensional limitation and the requirement for a "monument" sign structure, shall be
waived by application to the Planning and Development Services Director for property
Located in an Institutional Zoning District situated along an arterial roadway or area
where billboards are allowable under this Code, provided the site (development plan)
on which such sign is proposed is greater than 20 acres and the sign otherwise_
complies with the requirements of this Chapter for billboards.
2. The message display shall not scroll. flash, move, or blink:
3. The message display content shall not change more frequently than once every six (6)
seconds. and must occur simultaneously for the entire sign face:
4. The time to change completely from one display to another shall be a maximum of two
(2) seconds. or, if messages are displayed digitally. as by LED's. the content must
change immediately:
5. The sign must be designed so that upon any failure or malfunction, there is no flashing,
intermittent content, or any other apparent movement.
6. The changeable -message sign may not direct the movement of vehicular or pedestrian
traffic: may not obscure, obstruct, interfere with. or imitate any official traffic sign or
signal: and shall comply with State standards and rules as administrated by the Florida
Department of Transportation (FDOT) to the extent applicable to such signs.
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7. Each display shall have an ambience light sensing device and dimming ability that will
adjust the brightness of the changeable -message sign as ambient lighting conditions
change. Light intensity will be adjusted so as not to exceed 0.03 footcandles above
ambient lighting, as measured using a footcandle impacts vary with the present
distance. The re -set distance to measure the footcandle impacts va with expected
viewing distances and the face size of each sign.
8. No such changeable -message sign may be placed closer than one hundred (100) feet
from the nearest boundary of any residentially zoned property,, and if placed closed
than three -hundred (300) feet from such property boundary must be situated one -
hundred eighty (180) degrees, so that the sign face is facing away from the residentially
zoned property and is operated only between the hours of 6:00 A.M. and 10:00 P.M.
An application that lacks the three hundred Q00) feet separation from residentially
zoned property boundary may apply for an administrative variance subject to Section
9.03.00.C.11.
9. Except in area where billboards are allowable, any changeable -message sign shall be
counted as part of the overall signage for the property or project site: must be a part of
one (1) of the ground signs associated with the property or project site.
10. All permitted changeable -message monument sign shall be equipped with a sensor or
other devices that automatically determines the ambience lighting.
11. Procedure for Review of Changeable -Message Monument Sign Application for an
Administrative Variance from the three hundred (300) feet separation to adjacent
residential zoned property required by this Code, shall be in accordance with the
standards and procedures set forth in this section.
Within twentv (20) days after an application has been submitted. the Plannin
and Development Services Director shall determine whether the application is
complete. If the Director determines the application is not complete, a written
statement shall be sent to the applicant by_ mail specifying the application's
deficiencies. The Director shall take no further action on. the application unless
the deficiencies are remedied.
b. Followinq the determination of completeness, the Planning and Develooment
Services Director shall notify all adjacent property owners of the request. If there
are no written objections provided by the property owners within the notification
area within twenty-one (21) calendar days of receiving such notice, the Director
shall administratively approve the request.
C. If any written objection is obtained from a property owner within the notification
area. the application shall be scheduled on the next available Board of
Adiustment meeting, in accordance with the procedures in Section 10.01.00.
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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.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chris Dzadovsky, Chair
AYE
Sean Mitchell, Vice Chair
AYE
Linda Bartz, Commissioner
AYE
Frannie Hutchinson, Commissioner
AYE
Cathy Townsend, Commissioner
ABSENT
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.
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PASSED AND DULY ENACTED this 1st day of December, 2020.
Attest: Board of County Commissioners St. Lucie County, Florida
By:
Chair
Approved As To Form and
Correctness:
By: RA ? —
County Attorney;
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RON DESANTIS LAUREL M. LEE
Governor Secretary of State
December 10, 2020
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms.
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. 2020-29, which was filed in this office on December
10, 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