HomeMy WebLinkAbout22-021MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5084616 08/16/2022 02:51:09 PM
OR BOOK 4874 PAGE 1066 - 1078 Doc Type: ORDN
RECORDING: $112.00
ORDINANCE No. 2022-21
File No. TLDC — 2205-000015
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE RELATED TO SOLAR FACILITIES, CHAPTER II —
DEFINITIONS, SECTION 2.00.00 — DEFINITIONS; CHAPTER III — ZONING
DISTRICTS, SECTION 3.01.03 — ZONING DISTRICTS, TO ALLOW SOLAR
GENERATION FACILITIES AS A PERMITTED USE WITHIN THE
AGRICULTURAL ZONING DISTRICTS; CHAPTER IV — SPECIAL DISTRICTS,
SECTION 4.03.05, TO ALLOW SOLAR GENERATION FACILITIES AND
PUBLIC AND QUASI -PUBLIC SUPPORT SERVICES AS A PERMITTED USE
WITHIN THE RESEARCH AND EDUCATION PARK OVERLAY ZONE;
CHAPTER VII — DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS,
SECTION 7.09.02 — APPLICABILITY, TO ELIMINATE LANDSCAPING
REQUIREMENTS FOR SOLAR GENERATION STATIONS LOCATED WITHIN
AGRICULTURAL ZONING DISTRICTS; SECTION 7.10.28 — SOLAR ENERGY,
TO ALLOW SOLAR GENERATION STATIONS WITHIN AGRICULTURAL
ZONING DISTRICTS TO BE PROCESSED AS A MINOR SITE PLAN, TO
ELIMINATE SOLAR PANELS IN THE MAXIMUM LOT COVERAGE
CALCULATION, AND DEVELOP CRITERIA FOR SOLAR GENERATION
STATIONS IN ZONING DISTRICTS THAT REQUIRE A MINOR SITE PLAN;
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, based on the
testimony and evidence, including 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 Statues, 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. The Florida Legislature adopted Chapter 2021-178, Laws of Florida, creating Section
163.3205, Florida Statute, to specify the solar facility approval process, including that a
solar facility shall be a permitted use in all agricultural land use categories in a local
Underline is for additions.
StFikethFeug4 is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 2
government comprehensive plan and all agricultural zoning districts within an
unincorporated area.
4. On June 16, 2022, the Planning and Zoning Commission acting as the Local Planning
Agency 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 July 5, 2022, this Board held the first public hearing on the proposed ordinance, after
publishing due notice in the St. Lucie News Tribune.
6. On July 19, 2022, 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 to read as follows in
strikethrough and underline format:
CHAPTER II — DEFINITIONS
Solar Generation Station: An energy generation facility comprised of one (1) or more
freestanding, ground mounted devices that capture solar energy and convert it to electrical
energy or store energy for use in locations other than where it is generated. Solar
generation stations typically utilize photovoltaic solar cells, but can also be combinations
of light reflectors, concentrators, and heat exchangers. A solar generation station is also
known as a solar plant, solar generation plant, solar farm, solar power plant, battery
storage plant, energy storage plant or solar thermal power plant. Ground mounted solar
devices that capture solar energy(panels) shall not count towards maximum lot coverage.
CHAPTER III —ZONING DISTRICTS
3.01.03. Zoning Districts '
A. AG-1 AGRICULTURAL - 1.
1. Purpose. The purpose of this district is to provide and protect an environment suitable
for productive commercial agriculture, together with such other uses as may be
Underline is for additions.
Strikcthrough is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 3
necessary to and compatible with productive agricultural surroundings. Residential
densities are restricted to a maximum of one (1) dwelling unit per gross acre. The
number in "( )" following each identified use corresponds to the SIC Code reference
described in Section 3.01.02(B). The number 999 applies to a use not defined under
the SIC Code but may be further defined in Section 2.00.00 of this Code.
2. Permitted Uses.
a. Agricultural production - crops. (01)
b. Agricultural production - livestock and animal specialties. (02)
c. Agricultural services. (07)
d. Family day care homes. (999)
e. Family residential homes provided that such homes shall not be located within
a radius of one thousand (1,000)feet of another existing such family residential
home and provided that the sponsoring agency or Department of Health and
Rehabilitative Services (HRS) notifies the Board of County Commissioners at
the time of home occupancy that the home is licensed by HRS. (999)
f. Fishing, hunting and trapping. (09)
g. Forestry. (08)
h. Kennels. (0752)
Research facilities, non-commercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
Solar Generation Station, subject to the requirements of Section 7.10.28. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 7-10
in Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with
Table 7-10 in Section 7.04.00.
5. Off-Street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping requirements are subject to Section
7.09.00.
7. Conditional Uses.
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and takeoff fields. (4581)
d. Family residential homes located within a radius of one thousand (1,000) feet
of another such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
Underline is for additions.
Strikethrough is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 4
Mining and quarrying of nonmetallic minerals, except fuels. (14)
j. Retail trade:
(1) Farm equipment and related accessories..(999)
(2) Apparel and accessory stores. (56)
k. Sewage disposal subject to the requirements of Section 7.10.13. (999)
Telecommunication towers -subject to the standards of Section 7.10.23. (999)
m. Camps - sporting and recreational. (7032)
n. Solar generation station subject to the requirements of Section 7.10.28. (999)
8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00,
and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
b. Retail trade and wholesale trade - subordinate to the primary authorized use
or activity.
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Solar energy system subject to the requirements of Section 7.10.28. (999)
e. Cargo containers subject to the requirements of Section 7.10.35.
B. AG-2.5 AGRICULTURAL -2.5.
1. Purpose. The purpose of this district is to provide and protect an environment suitable
for productive commercial agriculture, together with such other uses as may be
necessary to and compatible with productive agricultural surroundings. Residential
densities are restricted to a maximum of one (1) dwelling unit per two and one-half
(2.5) gross acres. The number in "( )"following each identified use corresponds to the
SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use
not defined under the SIC Code but may be further defined in Section 2.00.00 of this
Code.
2. Permitted Uses.
a. Agricultural production - crops. (01)
b. Agricultural production - livestock and animal specialties. (02)
c. Agricultural services. (07)
d. Family day care homes. (999)
e. Family residential homes provided that such homes shall not be located within
a radius of one thousand (1,000)feet of another existing such family residential
home and provided that the sponsoring agency or Department of Health and
Rehabilitative Services (HRS) notifies the Board of County Commissioners at
the time of home occupancy that the home is licensed by HRS. (999)
f. Fishing, hunting and trapping. (09)
g. Forestry. (08)
h. Kennels. (0752)
Research facilities, noncommercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
Solar Generation Station, subject to the requirements of Section 7.10.28. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 7-10
in Section 7.04.00.
Underline is for additions.
Strikcthrough is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 5
4. Dimensional Regulations. Dimensional requirements shall be in accordance with
Table 7-10 in Section 7.04.00.
5. Off-Street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00
7. Conditional Uses:
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and takeoff fields. (4581)
d. Family residential homes located within a radius of one thousand (1,000) feet
of another such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (2 0)
3 Lumber and wood products, except furniture. (24)
i. Mining and quarrying of nonmetallic minerals, except fuels. (14)
j. Radio, television, and microwave communication stations and towers. (999)
k. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel and accessory stores. (56)
Sewage disposal subject to the requirements of Section 7.10.13. (999)
m. Camps - sporting and recreational. (7032)
n. Outdoor shooting ranges, providing site plan approval is obtained according to
the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of
this Code.
o. Solar generation station subject to the requirements of Section 7.10.28. (999)
8. Accessory Uses:Accessory uses are subject to the requirements of Section 8.00.00,
and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
b. Retail trade and wholesale trade - subordinate to the primary authorized use
or activity.
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Solar energy system subject to the requirements of Section 7.10.28. (999)
e. Cargo containers subject to the requirements of Section 7.10.35.
C. AG-5 AGRICULTURAL - 5.
1. Purpose. The purpose of this district is to provide and protect an environment
suitable for productive commercial agriculture, together with such other uses as may
be necessary to and compatible with productive agricultural surroundings. Residential
densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres.
The number in "( )" following each identified use corresponds to the SIC Code
Underline is for additions.
Strikcthrough is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 6
reference described in Section 3.01.02(B). The number 999 applies to a use not
defined under the SIC Code but may be further defined in Section 2.00.00 of this Code.
2. Permitted Uses:
a. Agricultural production - crops. (01)
b. Agricultural production - livestock and animal specialties. (02)
c. Agricultural services. (07)
d. Family,day care homes. (999)
e. Family residential homes provided that such homes shall not be located within
a radius of one thousand (1,000)feet of another existing such family residential
home and provided that the sponsoring agency or Department of Health and
Rehabilitative Services (HRS) notifies the Board of County Commissioners at
the time of home occupancy that the home is licensed by HRS. (999)
f. Fishing, hunting and trapping. (09)
g. Forestry. (08)
h. Kennels. (0752)
i. Research facilities, noncommercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
I. Telecommunication towers-subject to the standards of Section 7.10.23. (999)
m. Solar Generation Station, subject to the requirements of Section 7.10.28. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 7-10
in Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with
Table 7-10 in Section 7.04.00.
5. Off-Street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping Requirements are subject to Section
7.09.00.
7. Conditional Uses:
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and take-off fields. (4581)
d. Family residential homes located within a radius of one thousand (1,000) feet
of another such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations.(5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
i. Mining and quarrying of nonmetallic minerals, except fuels. (14)
j. Retail trade:
(1) Farm equipment and related accessories. (999)
Underline is for additions.
Strikcthrough is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 7
(2) Apparel and accessory stores. (56)
k. Sewage disposal subject to the requirements of Section 7.10.13. (999)
Camps - sporting and recreational. (7032)
m. Off-road vehicle parks, except go-cart raceway operation or rentals (7999),
subject to the requirements of Section 7.10.21. (999)
n. Outdoor shooting ranges, providing site plan approval is obtained according to
the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of
this Code.
o. Solar generation station subject to the requirements of Section 7.10.28. (999)
197 Commercial composting facilities subject to the requirements of Section
7.10.34.
8. Accessory Uses:Accessory uses are subject to the requirements of Section 8.00.00,
and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
b. Retail trade and wholesale trade - subordinate to the primary authorized use
or activity.
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Solar energy system subject to the requirements of Section 7.10.28. (999)
e. Cargo containers subject to the requirements of Section 7.10.35.
* * * *
CHAPTER IV—SPECIAL DISTRICTS
4.03.05. Research and Education Park Overlay Zone Use Limitations.
The purpose of these regulations is to provide and protect an environment suitable for
agriculture, education, and research with such other uses as may be necessary to and
compatible with these primary uses. Uses are identified by their SIC (Standard Industrial
Classification) Code (00). The identified use shall only be allowed when consistent with the
properties Future Land Use Designation and the Zone A and B Land Use Options set forth in
Section 4.03.03 and the Research and Education Park Master Plan.
A. Permitted Uses. (Notes: The uses below include the life sciences with a focus on
agriculture and education)
)
The,permitted uses in Zone A and Zone B shall be:
1.) Agriculture Production - crops (SIC 01).
2.) Animal Aquaculture (SIC 0273).
3.) Education Services and Facilities (SIC 82).
4.) Solar Generation Station, subject to the requirements of Section 7.10.28. (999)
5.) Public, and quasi-public support services, for fire protection (SIC 92).
(Notes: Includes establishments engaged in non-commercial agricultural and
biological research and development; such as, agriculture, food and medicine.)
The permitted uses in Zone A only shall include:
1.) Business services (SIC 73).
2.) Manufacturing and Processing:
a. Drugs (SIC 283).
Underline is for additions.
Strikethrough is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 8
b. Beer, wine, distilled alcoholic beverages (SIC 518).
c. Farm and garden machinery and equipment (SIC 5083).
d. Farm-products raw materials, not elsewhere classified (SIC 5169).
e. Farm supplies (SIC 5191).
f. Food and kindred products (SIC 20).
g. Food products machinery (SIC 3556).
h. Grain and field beans (SIC 5153).
Groceries and related products (SIC 514).
j. Measuring, analyzing, and controlling instruments, photographic,
medical and optical goods; watches and clocks (SIC 38).
k. Pharmaceutical preparations (SIC 2834).
I. Soap, detergents, and cleaning preparations, perfumes, cosmetics,
and other toilet preparations (SIC 284).
m. Tobacco stemming and redrying (SIC 21).
3.) Research, Development and Testing Services (SIC 873).
4.) Solar Generation Station, subject to the requirements of Section 7.10.28. (999)
(Notes: Includes establishments engaged in commercial and manufacturing physical
and biological research and development; such as, agriculture, food and medical
research, business services and x-ray machine inspection services)
B. Conditional Uses. (Notes: The uses below primarily include those associated with the
manufacturing and support of the life sciences or the Park in general, such as financial
institutions and eating establishments.)
The conditional uses within Zone A shall be:
1.) Meat packaging plants (SIC 2011).
2.) Financial institutions (SIC 60 and SIC 61).
3.) Solar generation station subject to the requirements of Section 7.10.28 (999).
Solar electric power generation subject to the requirements of Section 7.10.28.
41.) Eating places (SIC 5812).
The conditional i uses within Zone B shall be•
) Sol r generation station subject to 4he requirements of Section Z 10 28 (999)
C. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and
include the following:
1.) Residential units may be permitted as accessory uses to educational facilities,
when approved through the Planned Development process.
2.) Solar energy system subject to the requirements of Section 7.10.28 (999).
D. Use Limitations. The following uses shall be specifically prohibited within the Research
and Education Park Overlay Zone boundary.
1.) Residential subdivisions.
2.) Heavy, industrial.
3.) Industrial extraction.
CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
Underline is for additions.
Strikcthrough is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 9
7.09.01. Purpose.
The purpose of this Section is to set forth regulations for the proper installation and
maintenance of landscaping and the preservation of native vegetation that will contribute
to air purification, regeneration of oxygen, absorption of water, abatement of noise, glare,
heat, and control of erosion, as well as enhance the aesthetic character and value of
surrounding neighborhoods and thereby promote the general welfare of the community.
Such landscaping would also assist in traffic control, both vehicular and pedestrian. The
provisions of the Vegetation and Preservation Section of the Land Development Code
(Section 6.00.00) shall supersede the provisions of this Section to the extent of conflict.
7.09.02. Applicability.
The landscaping requirements of this Section shall apply to all uses, including all
requested changes in use, except for those uses interior to a common shopping center or
similar multi-user building or structure provided that no additional parking is required,
regardless of site plan status. Landscaping requirements also apply to all residential uses
developments, including mobile home parks and subdivisions, single -family subdivisions,
Planned Developments, recreational vehicle parks, and multiple-family residential uses.
The landscape requirements within residential use developments apply to the rights-of-
way, common areas and open spaces. Within residential use developments, the individual
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(1) of this Code. Bona-fide agricultural uses,and bona-fide agricultural operations,
and solar generation stations located within Agricultural zoning districts are exempt from
the provisions of this Section, except for that portion of the bona-fide agricultural activity
involving the retail sale of materials produced on site, and as may otherwise be required
by this code.
7.10.28. Solar Energy.
The following provisions are intended to facilitate the commercial generation and
distribution of solar power and the use of on-site solar energy systems to meet the energy
demands of buildings and support facilities in the unincorporated County. All Solar
equipment and devices shall comply with Florida Statutes and, if applicable, shall be
certificated by the Florida Solar Energy Commission.
A. Solar Generation Station. In addition to other applicable sections of this Code, a solar
generation station shall be subject to the following provisions:
1. Solar Generation Stations are permitted uses in the AG 1,AG 2.5 and AG 5 Zoning
Districts and shall require submittal of a Minor Site Plan application. Solar
Ggeneration Sstations not located within an Agricultural Zoning District shall
require submittal of a Major Site Plan application concurrent with a Conditional Use
Permit, when required.
In Zoning Districts in which a Major Site Plan application is required Tthe
development shall be subject to the following supplemental criteria:
Underline is for additions.
Strikcthrou0h is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 10
al. Physical access to a solar generation station shall be restricted by
fencing or walls. Razor wire is prohibited. All fencing and wall details
shall be provided for review and approval as part of the required site
plan.
b2. The devices that capture energy and convert it to electricity shall not be
placed in wetlands, environmentally sensitive resources or habitats,
imperiled and critically imperiled habitats as defined by the Florida
Natural Areas Inventory, and buffers. Any environmental impacts from
such devices, or any component of a solar generation station, shall only
be allowed in compliance with the provisions of the County's
Comprehensive Plan and Land Development Code.
e3. All devices that capture and convert energy to electricity shall be
located at least fifty (50) feet from any lot line under separate
ownership, unless otherwise approved by the Board of County
Commissioners.
d. The maximum lot coverage by structures, including solar ground or pole
mop anted panels for�h'e zoning district may be waived by the Board of
I ,
County Commiss oners. The-approyed-maaxximumlotver ge shall be
shown on the site plan and specified in the resolution approving the
development
e4. All solar generation station sites must comply with the landscaping and
screening requirements of the Land Development Code. The perimeter
buffer landscaping requirements may be waived by the Board of County
Commissioners, if it is shown to the satisfaction of the Commission that
the adjoining property owners have no objection to the landscaping
waiver. Interior vehicular use area landscaping requirements may be
waived by the Commission, to the extent necessary to ensure optimal
solar access. The Board of County Commissioners may .require
additional landscaping to enhance compatibility with adjacent land
uses.
#5. On-site power lines shall be placed underground to the maximum
•extent possible.
I� In Zoning Districts in which a Minor Site Plan application is required the
development shall be subject to the following supplemental criteria:
1. Physical access to a solar generation station may be restricted by
fencing or walls. Razor wire is prohibited. All fencing and wall details
shall be provided for review and approval as part of the required site
plan.
2. The devices that capture energy and convert it to electricity shall not be
placed in wetlands, environmentally sensitive resources or habitats,
imperiled and critically imperiled habitats as defined by the Florida
Natural Areas Inventory, and buffers: Any environmental impacts from
such devices, or any component of a solar generation station, shall only
be allowed in compliance with the provisions of the County's
Comprehensive Plan and Land Development Code.
Underline is for additions.
Strikcthrough is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 11
3. All devices that capture and convert energy to electricity shall comply
with the setback regulations of the underlying Agricultural Zoning
District, or provide a 25' setback, whichever is less.
4. Perimeter buffers and landscaping requirements are only required for
property lines that are directly adjacent to established residential uses
and which are not separated by a public right-of-way or South Florida
Water Management District Canal. When a Solar Generation Station
is adjacent to a non-agricultural zoning district the buffer and landscape
requirements for the underlying agricultural zoning district shall apply.
The perimeter buffer landscaping requirements may be waived by the
Board of County Commissioners, if it is shown to the satisfaction of the
Commission that the adjoining property owners from the non-
agricultural zoning district property have no objection to the
landscaping requirement being waived.
5. On-site power lines shall be placed underground to the maximum
extent possible.
6. The paving requirements within Section 7.05.07B. shall not apply to
solar generation stations that utilize unpaved public or private roads
and roadways for access.
B. Solar Energy System. In addition to other applicable sections of this Code, a solar
energy system shall be subject to the following provisions:
1. All solar panels and devices are considered structures and subject to the
requirements for such, together with all other applicable building codes and
ordinances, unless otherwise provided for in this Code. Solar panels installed on
roofs are exempt from the building height requirements. Solar panels installed on
rooftops shall be located three (3) two -feet from the roof edge.
2. Non-roof installed solar energy devices integrated into the architecture of the
building, such as the walls of the building, shall be no greater than ten (10)feet above
the maximum height requirements of the zoning district.
3. Ground or pole mounted systems shall be limited to a height of ten (10) feet above
the base floor elevation of the primary structure.
4. Solar energy systems shall not be located in front or side corner yards of any parcel,
unless the following are met: 1) the conditions of the side and back yards prohibit
the installation of a system, and 2)the lot is one (1) acre or greater, and 3) adequate
buffering along the adjacent roadway is provided, and 4)the location is approved by
the Director of Planning and Development Services.
5. Solar ground and pole mounted systems less than six (6) feet in height may
encroach into the side and rear setback area, but in no case shall the system be
located closer than five (5) feet from the property line. Where the system is higher
than six (6) feet in height the setback requirements of the zoning district shall apply.
6. Solar collectors may be co-located on communication towers, and parking lot and
street light poles, in which case the height and setback requirements for said
tower/pole shall apply.
7. All new exterior electrical lines and utility wires connecting a ground or pole mounted
solar system to the building it serves shall be buried underground.
8. The Board of County Commissioners may allow for a modification of these accessory
use provisions when the proposed solar energy system will serve buildings within a
Underline is for additions.
Strikcthrough is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.:2205-000015
Page 12
planned development project. The modification shall be identified on the site plan
graphics and within the resolution granting approval to the planned development.
9. Waiver. In the event any of the provisions in this Section have the effect of prohibiting
the installation of a solar energy system, the applicant shall have the right to apply
for a waiver from these provisions to the Director of Planning and Development
Services or designee. The Director may grant a waiver upon determining that strict
application of the Code would result in prohibiting the installation of a solar energy
system.
10. Landscape Waiver. The Environmental Resources Director may waive the
landscaping requirements of the Land Development Code to the extent necessary
to ensure optimal solar access.
11. Any approval of a solar energy system does not create any actual or inferred solar
energy system easement against adjacent property and/or structures. The owner
and/or property owner of a solar energy system shall not infer or claim any rights to
protective writs to any caused shadows or operating ineffectiveness against future
development adjacent to or higher than the property location of the solar energy
system. The approval of any solar energy system granted by St. Lucie County shall
not create any future liability or infer any vested rights to the owner and/or property
owner of the solar energy system on the part of the County for any future claims
against said issuance of approval of the solar energy system that result from reliance
on this section or any administrative decision lawfully made thereunder.
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.
Underline is for additions.
Strikethrough is for deletion.
Ordinance No.2022-21
Solar Generation Facilities
File No.: 2205-000015
Page 13
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:
Sean Mitchell, Chair ABSENT
Frannie Hutchinson, Vice Chair AYE
Chris Dzadovsky, Commissioner AYE
Linda Bartz, Commissioner AYE
Cathy Townsend, Commissioner AYE
PART H. CODIFICATION.
Provisions of this Ordinance shall be incorporated in the St. Lucie County Code and Complied
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 19th day of July, 2022.
Attest: Board of County Commissioners
St. Lucie County, Florid
AèdlerkT \
Approved As To Form and
o,F -1% Correctness:
�Nrr M°O 4 /11/
By:
County £ or -y
Underline is for additions.
Str"- s„is for deletion.
Rafaela Mendez
From:Vera Smith <SmithVe@Stlucieclerk.com>
Sent:Monday, August 15, 2022 7:08 AM
To:County Ordinances
Cc:Rafaela Mendez; Chymbee Keith; Kellie Harris; Susan Bellamy
Subject:Ordinance for filing
Attachments:STL20220812_Ordinance2022-021.pdf
SECURITY WARNING: This email originated from outside the County systems. Please show caution when
clicking links or opening attachments unless you recognize the sender and know the content is safe.
Sender Full Name: Vera Smith
Sender Phone Number: 772-462-1682
County Name: St. Lucie
Ordinance Number: 2022-021
Vera Smith
Clerk of the Court St. Lucie County | Board Recording Secretary
Michelle R. Miller, Clerk & Comptroller, St. Lucie County
2300 Virginia Avenue, Fort Pierce, FL 34982
(772) 462-1682 | Fax: | www.stlucieclerk.com
Share your feedback | Subscribe to our newsletter
Please Note: Florida has very broad public records laws. Most written communications to or from County officials
regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie
County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail
communications will be subject to public disclosure unless an exemption applies to the communication. If you received
this email in error, please notify the sender by reply e-mail and delete all materials from all computers
1
Rafaela Mendez
From:Benjamin Balcer
Sent:Friday, August 12, 2022 5:14 PM
To:Rafaela Mendez; Corey Barnes; Jodi Nentwick; Kori Benton; Kristopher McCrain; Lydia
Galbraith; Tahir Curry
Cc:Susan Bellamy; Chymbee Keith; Kellie Harris; Mayte Santamaria
Subject:RE: Ordinance 22-021
Thank you, Rafaela. We will coordinate the filing with Municode.
Have a great weekend.
Benjamin Balcer, AICP | Assistant Director | Planning & Development Services
Ph: 772-462-1589 | | Cell: 772-979-1908 | 2300 Virginia Ave. Fort Pierce 34982
facebook.com/stluciegov | twitter.com/stluciegov | instagram.com/stluciegov | youtube.com/stluciegov
From: Rafaela Mendez <mendezr@stlucieco.org>
Sent: Friday, August 12, 2022 5:09 PM
To: Benjamin Balcer <BalcerB@stlucieco.org>; Corey Barnes <BarnesC@stlucieco.org>; Jodi Nentwick
<NentwickJ@stlucieco.org>; Kori Benton <bentonk@stlucieco.org>; Kristopher McCrain <McCraink@stlucieco.org>;
Lydia Galbraith <galbraithl@stlucieco.org>; Tahir Curry <CurryT@stlucieco.org>
Cc: Susan Bellamy <BellamyS@stlucieco.org>; Chymbee Keith <keithc@stlucieco.org>; Kellie Harris
<harriske@stlucieco.org>
Subject: Ordinance 22-021
Happy Friday!
Please find attached a signed copy of Ordinance 22-021. I have requested the ordinance to be filed with the Department
of State. I will send you the letter upon receipt. I am also sending to Recording today.
Can you please confirm that you will be filing with Municode (or appropriate entity if not Municode)? Thank you!
Best regards,
__________________________________________________________________
Rafaela Mendez | County Attorney’s Office Legal Secretary
Ph: 772-462-1441 | 2300 Virginia Ave. Fort Pierce 34982
facebook.com/stluciegov | twitter.com/stluciegov | instagram.com/stluciegov | youtube.com/stluciegov
1
RON DESANTIS CORD BYRD
Governor Secretary of State
August 15, 2022
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attn: Vera Smith
Dear Michelle Miller:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 2022-21, which was filed in this office on August 15,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270