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HomeMy WebLinkAbout21-014Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 1 ORDINANCE NO. 2021-14 FILE NO.: TLDC 102020252870 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, CHAPTER II - DEFINITIONS, SECTION 2.00.00 - DEFINITIONS; CHAPTER VII, DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS; PLANNED NOW RESDIENTIAL DEVELOPMENT, SECTION 7.02.03 - STANDARDS AND REQUIREMENTS, TO REDUCE THE MINIMUM OPEN SPACE REQUIREMENT TO TWENTY- FIVE PERCENT; SECTION 7.03.03. - PLANNED MIXED USE DEVELOPMENT, TO REDUCE THE MINIMUM OPEN SPACE REQUIREMENT TO TWENTY-FIVE PERCENT; SECTION 7.06.00 - OFF-STREET PARKING AND LOADING, TO ADD REQUIREMENTS FOR OFF-STREET GRASS PARKING FOR RELIGIOUS AND MEMBERSHIP ORGANIZATIONS AND CLARIFYING PROVISIONS OF THE PARKING STANDARDS; SECTION 7.06.03. - RELIEF, TO ADD PARKING REQUIREMENTS FOR LANDS WITHIN THE URBAN SERVICE BOUNDARY; SECTION 7.09.04. - GENERAL LANDSCAPING REQUIREMENTS, TO ALLOW THE ENVIRONMENTAL RESOURCES DIRECTOR ADMINISTRATIVE APPROVAL TO REDUCE THE EIGHT FOOT WALL HEIGHT REQUIREMENT TO SIX FEET; SECTION 7.10.18 - AIRPORT INDUSTRIAL PARK - STORAGE AREA REGULATIONS, REMOVAL OF ADDITIONAL SCREENING STANDARDS FOR THE INDUSTRIAL PARK, SECTION 7.10.23. TELECOMMUNICATIONS TOWER SITING, TO ALLOW FOR A WAIVER OF THE PERIMETER LANDSCAPING REQUIREMENTS BY THE ENVIRONMENTAL RESOURCES DEPARTMENT DIRECTOR; AND CHAPTER XI - ADMINISTRATION AND ENFORCEMENT, SECTION 11.02.02. - DESIGNATION OF MINOR SITE PLAN, MAJOR SITE, PLAN, OR PLANNED DEVELOPMENT SITE PLAN, TO AMEND THRESHOLDS FOR MINOR SITE PLANS AND MAJOR SITE PLANS; SECTION 11.02.03. - REVIEW OF APPLICATIONS FOR MINOR SITE PLANS, THE PLANNING AND SERVICES DIRECTOR TO PROVIDE NOTICE TO THE BOARD OF COUNTY COMMISSIONERS APPROVAL OF MINOR SITE PLANS; AND 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: 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, �OoTUl7� A1mnn 0O#im 2 -4OCm 0 .1D �oN0$ o- NG) Zm 0 M 4 ?0 0 R o m N 0 X i ° 3 m 0 o S M -1 o n Z o c i Underline is for additions. Stpik thFeugh is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 2 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 March 18, 2021, 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. 5. On April 6, 2021, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On June 1, 2021, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune and approved the adoption of the ordinance. 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 to read as follows in strikethrough and underline format: CHAPTER II — DEFINITIONS 2.00.00.-DEFINTIONS Vehicular Use Area: Any area intended to support tracked or tired vehicles capable of self - propulsion. Vehicular use areas are engineered and constructed to support repeated loadings of these vehicles. The incidental use of any area by a tracked or tired vehicle to park non- self- propelled vehicles, for example, trailers, does not make the area used for the parking of such vehicles a vehicle use area. The vehicle use area construction of aN-weather paved impervious surface is not required but shall include measure in conformance to St. Lucie County Engineering design standards to direct and store all stormwater run-off so it is treated prior to any off -site discharge. This requirement is not intended to supersede or otherwise contradict any regulatory requirements by any other agency. CHAPTER VII — DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.02.00. — PLANNED NON-RESIDENTIAL DEVELOPMENT 7.02.01 through 7.02.02 No Change. Underline is for additions. StFik tl;Fe gh is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 3 7.02.03. — Standards and Requirements. Standards and requirements for a Planned Non -Residential Development shall be as follows: A. Minimum Size. The minimum lot size requirements for a Planned Non -Residential Development shall be as follows: 1. Any Planned Non -Residential Development in a Residential Land Use classification shall comply with the minimum lot requirements in the Commercial Neighborhood (CN) Zoning District. 2. Any Planned Non -Residential Development in a Commercial, Industrial or Mixed Use Land Use classification shall comply with the minimum lot requirements in the Commercial General (GC) Zoning District. -a. . B. Area, yard, Height and Other Dimensional Requirements. Area, yard, and height requirements shall be determined at the time of Preliminary mat Development Plan approval, except that 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 Zoning shall apply. C. Public Facilities. 1. No Change. 2. The MiRiMUM size ef all water mains used, OF iRteRded fE)F U6e, in fire pFE)teGtiGn 06 6iX (&) ERGhec Art! wWater main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. �maym e e e e ewater e 4.3.Fire hydrants spacing shall be —(aryl) feet WRIons ethef Nice approved by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. D. Traffic and Pedestrian Circulation. 1. through 5. No Change. Underline is for additions. StFikethiceugti is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 4 8.6.Permanent dead-end streets shall not exceed one thousand (1,000) feet in length. Cul- de-sacs shall be provided at the end of all dead-end roads or streets greater than five hundred one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead-end roadway is five hundred (500) feet or less in length, a "Y" or "T type of turn around may be approved. If a dead-end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 4-9 walls, rea 441 7. Access points on all collector or arterial streets serving a Planned Non -Residential Development shall be located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion. E. Parking and Loading. through 2. No Change. 3. On Street Parking. In Planned Non -Residential Developments, on street parking may be used so long as the road on which the on -street parking is proposed lies entirely within the limits of the defined Planned Nonresidential Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. it shall be GGnsisteRt with the fqllewiRg idarrds- used, design stan a. The minimum size of a narking stall shall he as follows: nFallel Q foot x 23 foot angled 10 foot x 4 Q feet handiGa pped arallel\ 12 feet x 23 feet Underline is for additions. Strikethreug, is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 5 feett- F. through G. No Change. H. Open Space Standards. For development projects of less than ten (10) acres, a minimum of twenty percent (20%) of the gross area of land to committed to a Planned Non Residential Development must be for use as sE)MFnG 1 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, floodways, lakes, wetlands, stormwater retention areas or other areas of public purpose other ttha ; but not including street or road rights - of -way, utility easeMe^tc above -ground utilities (although open space may be provided under transmission lines) require written approval from utility entity , and parking areas. For development projects of ten (10) acres or more, a minimum of thtr —twenty- five percent (325%) of the gross area of land to be committed to a Planned Non Residential Development must be for use as GGMMGR open space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common space, common landscaping or planting areas, floodways, lakes, wetlands, stormwater retention areas or other areas of public purpose etherthaR but not including street or road rights -of -way, utility eavermrrerltS, above -ground utilities (although open space may be provided under transmission lines), eXduding—eXG''ueive 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. A minimum of fifteen twenty-five percent (4-525%) of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required #*ty twenty- five percent (325%) GOMMOR open space. For each acre of preserve native habitat above the required minimum fifteentwenty-five percent (4-525%) that is preserved in its original state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining sea MOR open space requirement. All areas to be dedicated for sefareOR 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 requirement subject to the requirement that fi#eee-twenty five percent (4- 25%) of any existing native habitat on the property must be included as part of the required #*tytwent -five percent (325%) 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 (1) of the following: a. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common space and any buildings, structures or improvements that been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including Underline is for additions. Stril(e+h.-eUgh is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 6 land clearing, for any portion of the Planned Nanresidentia4 Non -Residential Development; or b. A phased conveyance of the land to be used for common 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 approval for the Planned NeRFe6id8Rt a4 Non -Residential Development. 2. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common space requirement, provided that the common space meets the requirements of this Code. 3. All land dedicated for common open space shall be physically part of the Planned Non - Residential Development. 1. Phasing. 1. No Change. 2. If a Preliminary €gal Development Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. The final stage or phase shall be completed within ten (10) years of the date of preliminary fir-4 development plan approval. Any extension of the above requirement is subject to approval by the Board of County Commissioners unless otherwise amended by the Board of County Commissioners. Underline is for additions. Strik th.., ugh is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 7 7.03.00. — PLANNED MIXED USE DEVELOPMENT 7.03.01 through 7.03.02 No Change. 7.03.03. — Standards and Requirements Standards and requirements for a Planned Mixed Use Development shall be as follows: A. through J. No change. K. Open Space and Landscaping Standards. A minimum of f44y twenty-five percent (325%) of the gross area of the land to be committed to a Planned Mixed Use Development must be for use as Geanmen 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, floodways, lakes, wetlands, stormwater retention areas, or other areas of public purpose ethep than but not including street, road or drainage rights -of -way, above ground utilities (although common open space may be provided under transmission lines), eXGludiRg-exGl616ire `c4nviceFmwaateptFeatt'rmeRt fa G- and parking areas. A minimum of f+fteea twenty-five percent (a-525%) of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required #li#y twenty- five percent (325%) GOMmen open space, For each acre of preserved native habitat above the required minimum fifteen twenty-five percent (4-525%) that is preserved in its original state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining common open space requirement. 2. All areas to be dedicated for Ger MOR open space shall be identified as part of the Preliminary Development Plan for the Planned Mixed -Use Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space, subject to the requirement that fifteen twenty-five percent (a-525%) of any existing native habitat on the property must be included as part of the required ##+ twenty-five (325%) percent common open space. As part of the Final Planned Mixed -Use Development submission process, the developer or petitioner for the Planned Mixed -Use Development shall provide for one (1) of the following: a. through 5. No. Change. L. through M. No. Change. 7.06.00. — OFF-STREET PARKING AND LOADING 7.06.01. — Purpose and Applicability. A. Purpose. The requirements of this Section are intended to ire ensure 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 street and Underline is for additions. StFikethm gl is for deletion. Ordinance No_ 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 8 promoting the safety and welfare of the public. B. Applicability 1. Existing Uses. GhaRges O^ 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 change of use. 2. Change in Use. Effective March 1, 1999, any change in use to an existing building or structure, will require that all on0site parking and loading facilities be brought into full compliance with the provisions of this Code., except as otherwise provided here in Section 7.06.00, as it may be amended from time to time. For the purposes of this Section. "change in use" shall mean any change in use or activity that requires the issuance of a new certificate of zoning compliance. Parking surface, landscaping, changes in use and zoning compliance are subject to the provisions of this Code as amended by Ordinance No. 12- 003. 2.3.Expansion of Structure. Expansion in the floor area, volume, capacity, or space occupied of any structure existing on or before July 1, 1984, shall require compliance with all off- street parking and loading requirements contained in this Code to be met for both new construction and existing structures, except as otherwise provided below and in Section 7.06.03. a. Exceptions: If the applicant can demonstrate to the satisfaction of the Planning and Development Services Director that the site has provided adequate off-street parking for its use prior to expansion, only the new construction shall be required to comply with the requirements of this Section. 2. New construction not required to comply with off-street parking requirements include: Entry areas or vestibules, unoccupied storage areas provided these do not exceed twenty- five percent (25%) of the gross floor area, and areas which do not add to the sarFy+r�g occupancy capacity of a structure. 3-4.Nonconforming Uses: When repairs and alternations are to be made in a building occupied by a nonconforming use, all off-street parking requirements contained in this Code shall be met of the cost of repairs and alterations exceed fifty percent (50%) of the assessed value of the building and structures. a. Exceptions. 1. If the applicant can demonstrate to the satisfaction of the Planning and Development Services Director that the site has provided adequate off-street parking for its use prior to expansion, only new construction shall be required to comply with requirements in this Section. 2. New Csonstruction not required to comply with off-street parking requirements include: Entry areas or vestibules, unoccupied storage areas provided these do not exceed twenty- five percent (25%) of the gross floor area, and areas which do not add to the g occupancy capacity of a structure. 5. Religious Facility and Membership Organization. When a building in which persons regularly assemble for religious worship or social organization is built, repaired, or Underline is for additions. StFil(eth.-. ugh is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 9 expanded, the off-street requirements are as follows: a. Exceptions: 1. Up to seventy-five percent (75%) of the total parking requirement may be stabilized grass parking for new construction and expansion of structure. All -weathered impervious surface Is not required as provided herein. 2. Grass parking shall be provided in a manner acceptable to the County Engineer. 3. In the event grassed parking areas become deteriorated as indicated by dead or dying grass, bare dirt or overgrown grass and weeds, the Planning and Development Services Director may require the owner of the property to pave all or part of such area. 4. The stabilized grass parking vehicular use area shall meet the design standards pursuant to Section 7.06.02(B), except for material as provided herein. 7.06.02- Performance Standards. A. through B.2. No Change. B. Design Standards. 3. Material. a. Requirement for All Weathe Paved Surface for All Required Off -Street Parking and Vehicular Use Areas. Subject to the Administrative Relief provisions below, all required off-street parking 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 paved surface meeting the requirements of the St. Lucie County Public Works Department. The permitted impervious surface materials be concrete, asphalt, brick pavers, stamped concrete, or paving block. Only asphalt or concrete will be permitted within the County's Right -of -Way. Pervious paving systems and grass paving systems shall be permitted for non -required parking spaces when the paving systems and materials are approved by the County Engineer. Stabilized unpaved parking areas may be permitted at locations outside the urban service area upon approval of the County Engineer, so long as parking spaces, accessways, and driveways are clearly marked and the vehicular/pedestrian circulation system is safe. The County Engineer shall publish a list of commercially available paving systems of pervious and imperious paving materials that are approved for use. The County Engineer shall approve design material and specifications on each site. For religious facilities or fraternal organizations, grass parking is exempt from the Administrative Relief provisions below, as provided in Section 7.06.01.13.5. 4. through 9. No Change. 7.06.03. — Relief. A. Administrative Relief for Developments under 6,000 SF. The Planning and Development Services Director may grant administrative relief from the parking standards or the required amount of ^" weatme paved surface for off-street parking and vehicle use areas including vehicular use areas (Small BU64R Development < six thousand (6,000) square feet) based upon a written request for such administrative relief and an analysis submitted Underline is for additions. StFikethro gh is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 10 by the applicant. The analysis must demonstrate that the ^ meris ,nt f req sire rl required amount of all weather paved surface for off-street parking and vehicle use areas is unnecessary or not practical to construct because of GeRditiens that are unique and peGUIiaF to the site GF GGRdit"GRG that would Fesult " _­.____sa4:Y hardship fnr the GWRer lessee nr eGG inapt as eppGsed to more innnnvenienne and that environmental considerations, such as micrositing for large trees, for mass transit considerations, such as providing transit stops in an area to be served with mass transit services, and superior design considerations determined by exceeding the minimum requirements of the Land Development Code. Requests for administrative relief from the paved surface requirements shall meet the following �tandards� 1. Lands within the Urban Service Boundary: a. The alterative off-street parking or vehicular use area shall not be visible from any the adjacent riqht-of-way; b. The alternative off-street parking or vehicular use area shall not be utilized for a public use; 2. Lands outside of the Urban Service Bound a. Alternative off-street parking or vehicular use areas shall not be permitted for any operation involving retail lands. The Gnu ant„ Engineer Public Works Department shall review the request for administrative relief from the all-weather paved parking surface requirements and provide the Planning and Development Services Director with a written recommendation based on the standards set out in this section. The County Engineer Public Works Department may require the applicant to provide an engineered solution to any adverse impacts that the request for a waiver may create. If it is determined by the Planning and Development Services Director that it is not possible to meet the nunnerie er parking stall width parking requirements of this Code due to the size or configuration of the existing parcel, the Planning and Development Services Director may grant administrative relief, subject to determining consistency with the Standards of Review set out in Section 10.01.02, to the parking stall width er tie—ruMber ef— parking —spaGes to be required. Any such administrative relief shall be specific to the parcel or property in question and shall be the minimum necessary to address the particular problem. Any such administrative relief shall include specific 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 Planning and Development Services Director shall be recorded in the public records of St. Lucie County. B. through E. No Change. 7.09.00. — LANDSCAPING AND SCREENING 7.09.04. — General Landscaping Requirements. A. through D. No. Change. E. Landscaped Buffer Areas Between Non -Residential or Residential Structure(s) Housing Underline is for additions. StFikethr, ugh is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 11 Three (3) or More Dwelling Units and Single -Family or Two -Family Residential Uses. All side and rear yard perimeter buffer areas between non-residential or residential structure(s) housing three (3) or more dwelling units and single family or two-family residential uses shall be landscaped with a masonry wall or opaque wood fence of at least eight (8) feet in height that forms a continuous screen between the uses. All masonry walls or opaque wood fences shall be landscaped with a continuous hedge along both the inside and outside base of the wall or fence. One (1) tree shall be planted along the wall or fence for each thirty (30) linear feet or major fraction thereof of the length of the wall or fence. Tree plantings shall be alternated so that at least sixty percent (60%) of the required number of trees is located on the outside of the wall or fence. The remaining forty (40) percent of the required perimeter tree plantings shall be located on the inside face of the wall or fence. Existing native vegetation may be used to satisfy all or part of the landscape planting requirements of this paragraph upon the approval of the Environmental Resources Director. All fences or walls shall be treated with an anti -graffiti surface treatment. It shall be the responsibility of the property owner to removal any graffiti that may be applied to the wall or fence. In addition, the owner shall be responsible for the maintenance of all landscaping along both the inside and outside edge of any wall or fence. This landscaping shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance free from refuse and debris. Maintenance shall include the replacement of all unhealthy and dead material within sixty (60) days in conformance with the approved site plan/or landscape plan. Violations of this section, or failure to maintain all required landscaping shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The sixty-day rule for compliance may be extended, when necessary, by the Environmental Resources Director or his/her designee to permit recovery from acts of nature such as a hurricane or a freeze. Masonry walls or opaque wood fences may be located within any required yard, consistent with the provisions of Section 8.00.00 of this Code. The requirement for this perimeter masonry wall or opaque wood fence may be waived by the Environmental Resources Director if it is shown to the satisfaction of the Environmental Resources Director either that the adjoining properties owners have signed a consent that indicates their desire not to have the required masonry wall or opaque wood fence constructed along their property line, or that the Environmental Resources Director determines that a waiver is necessary to preserve any significant, protected or historic native vegetation. The Environmental Resources Director may reduce the eight (8) foot height requirement down to six (6) feet, if it shown that adjoining property owners have signed a consent form that indicates their desire to reduce the height of the required masonry wall or opaque wood fence constructed along their property line. In the event that any such consent is issued, the owner of the property on which the nonresidential development is taking place shall need to comply with the standards of Section 7.09.04(B) of this Code as those standards relate to perimeter screening. All other landscaping provisions of this Code shall apply as applicable. 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. Any wall or fence constructed adjacent to a public or private street right-of-way shall be designed and constructed so that the wall face facing the street or road is articulated in such manner as not to result in a continuous flat wall surface facing the street or road right- of-way. Figure 7-31 generally depicts the placement of a fence or wall along a public or private street right-of-way. Underline is for additions. Strikethr,,ug is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 12 For the purpose of this section, non-residential uses shall not include any permitted or accessory use located in the institutional (1) or Religious Facilities (RF) Zoning District, except that a perimeter buffer area between any residential zoning district and a permitted or accessory use in the Institutional (1) or Religious Facilities (RF) Zoning District, shall consist of a landscaped masonry wall, opaque wood fence, hedge or other durable landscaped barrier of at least six (6) feet in height that forms a continuous screen between the uses. If a masonry wall or other non -living material screen is used to provide this required buffer, the masonry wall or other non -living material screen shall be landscaped with a continuous hedge along the base of the wall and with one (1) tree for each thirty (30) linear feet or major fraction thereof of wall length. All required perimeter landscaping shall be located along the outside of the wall. It shall be the responsibility of the property owner to maintain all landscaping along the outside edge of any wall consistent with the requirements of this Code. If vegetative landscape screens are installed, they shall be required to form a solid visual screen at time of planting. When existing vegetation is inadequate to function as a visual screen, it shall be augmented by two (2) staggered rows of shrub material at least six (6) feet in height. To the extent permitted under Section 7.09.03(E)(7) of this Code, the Environmental Resources Director shall encourage the use of preserved native vegetation as meeting the intent and requirements of this Section. When making such a determination, the Environmental Resources Director shall attach a report to the building plans or development permits, with supporting photographs or other acceptable documentation, that indicates how the existing native vegetation meets the intent of this Section. The Environmental Resources Director may require a conservation easement or similar restrictive covenant, if the easement or covenant is necessary to ensure compliance with the terms of this section. Any developer seeking to utilize the provisions of Section 7.09.03(E)(7) to meet the requirements of this Section shall be required to maintain this native preserve area in perpetuity. If this preserve area is ever substantially altered or removed so that it no longer meets the intent of this Section, the developer shall be required to meet in the screening requirements of this Section. The provisions of this Section, excluding the maintenance requirements may be varied by the Environmental Resources Director for any minor or major site plan, Planned Development Project (PUD, PNRD, or PMUD) if it shown through the Preliminary and Final Development Plan review process that the intent of this Section is being complied with and that all other applicable provisions of this Code are being met. A waiver of the provisions of this section shall require the approval of the Board of County Commissioners. 7.10.00. — SUPPLEMENTAL STANDARDS 7.10.18 — Airport Industrial Park — Special Regulations. A. through I. No Change. Storage Area Regulations. No materials, waste, supplies or equipment shall be stored outside of the buildings constructed or erected onsite, unless the storage yard or area is entirely onreened by n opaque harrier, eight (8) fnnt in height Gensistinn of eithez a wall screened in accordance with Section 7.09.00 of this Code. Underline is for additions. c+rikethr „his for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 13 K. through N. No. Change. 7.10.23. — Telecommunications Tower Siting. A. through F. No. Change. G. Aesthetics. All telecommunications towers and antennas shall meet the following requirements: 1. through 3. No Change. 4. The Board ef County Go The Environmental Resources Department Director may consider total or partial relief from the required perimeter landscaping requirements of paragraph 2 above, if the proposed telecommunications tower meets all of the following standards and criteria: a. The telecommunications tower is located in an AG-5, AG-2.5, AG-1, IL, IH or U Zoning district. b. The proposed telecommunications tower is located a minimum of one thousand (1,000) feet, or the tower height, whichever is greater, from the nearest public street or road right- of-way, public park or playground, public or private school (primary or secondary educational facility), habitable residential structure or any area zoned for residential or commercial uses. For the purpose of this paragraph this restriction shall apply to all properties regardless of political boundary. c. The proposed telecommunications tower base must be screened from view by either existing vegetation, intervening buildings, structures or other physical or made features meeting the intent of this code. d. It is demonstrated to the satisfaction of the Board Of GE)URty Commissionem Environmental Resources Director that the planting of any vegetation would result in the high probability of general plant mortality due to unacceptable soil conditions that cannot otherwise be resolved through replacement of the soil or other form of soil treatment. In considering any request for relief under the provisions of this section, the Environmental Resources Director may impose reasonable limiting conditions associated with that relief. 5. through 7. No Change H. through V. No Change. CHAPTER XI — ADMINISTRATION AND ENFORCEMENT 11.02.02. — Designation of Minor Site Plan, Major Site Plan, or Preliminary Planned Development -Site Plan. A. Generally. For purposes of these review procedures, all site plans shall be designated as either a Minor Site Plan, a Major Site Plan, or a Preliminary Planned Development Site Plan according to the criteria below. B. Minor Site Plan. A proposed development shall be designated as a Minor Site Plan if itis: Underline is for additions. StFik tl;Feugh is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 14 1. Any division of land located outside of the Urban Service Boundaries into less than ten (10) parcels but more than two (2) parcels in accordance with the provisions of Section 11.03.00. 2. Any division of land located within the Urban Service Boundary into less than fifty (50) parcels but more than two (2) parcels in accordance with the provisions of Section 11.03.00. 3.Any multi -family residential development of less than fifty (50) one hundred (100) units, that does not involve platting. 3- 4.An nonresidential use, including additions to existing structures of 6,000 to 50,000 100,000 square feet. 4 5.Any RGRFesidentia non-residential use, less than 50,000 square feet, that provides drive through or walk up services. 5- 6.Any nonresidential non-residential use, less than 50,000 square feet, that provides drive through or walk-up services. 7. Any non-residential use, including additions to existing structures up to 500,000 square feet for development included within the St. Lucie County Targeted Industry List. 6-8.Any commercial lodging establishments having less than six (6) units. C. Major Site Plan. A proposed development shall be designated as a Major Development Site Plan if it is: 1. Any division of land located outside the Urban Service Boundary into ten (10) or more parcels, in accordance with the provisions of Section 11.03.00. 2. Any division of land located within the Urban Service Boundary into fifty (50) or more parcels, in accordance with the provisions of Section 11.03.00. 3 3. Any multi -family residential development of i#t (50) one hundred (100) or more dwelling units. 3. 4. One hundred thousand and one (100,001) or more square feet of non-residential floor space. 5. Five hundred thousand and one (500,001) or more square feet of non-residential floor space for any development included within the St. Lucie County Targeted Industry List. 4.- 6. All commercial lodging establishments #ave including six (6) or more units available for rent or lease. 5- 7. Any development of land. a. Where the proposed development should be more thoroughly considered and reviewed because of its location or potential for impact on public facilities, natural resources, and public safety. D. Preliminary Planned Development S#e Plan. A proposed development shall be designated as a Planned Development Site Plan if it is: through 7. No Change. 11.02.03. — Review of Applications for Minor Site Plans. A.1 through A.4. No Change. 5. Approval Procedure for all Minor Site Plans. a. through b. No Change. Underline is for additions. StFik +lr „gh is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 15 c. Notice of the authorization of such minor site plan shall be provided to the Board of County Commissioners. d. At the request of an applicant the Planning and Development Services Director may forward an application for a minor site plan to the Board of County Commissioners for consideration. 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 Dzadowsky, Chair AYE Sean Mitchell, Vice -Chair AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE Cathy Townsend, Commissioner 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 re -lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. Underline is for additions. Stinikethpo„gh is for deletion. Ordinance No. 2021-14 LDC Text Amendment Revisions Adoption — BOCC June 1, 2021 Page 16 PASSED AND DULY ENACTED this 1 st day of June, 2021. Attest: Board of County Commissioners St. Lucie County, Florida Deputy Cler, �4"V. V �t A Nco4bry, FI.OR� By: 4� Chair Approved As To Form and Correctness: By: Underline is for additions. Strik thr „His for deletion. FLORIDA DEPARTMENT O STATE RON DESANTIS Governor June 14, 2021 Ms. Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Ms. Vera Smith Dear Ms. Miller: LAUREL M. LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2021-14, which was filed in this office on June 14, 2021. Sincerely, Anya Grosenbaugh Program Administrator AG/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270