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HomeMy WebLinkAboutSupplement No. 23 - Dec 2022 SUPPLEMENT NO.23 December 2022 LAND DEVELOPMENT CODE County of ST.LUCIE,FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No.2022-21,enacted July 19,2022. See the Code Comparative Table for further information. Remove Old Pages Insert New Pages xiii—xvi xiii—xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:1, SH:2 SH:1, SH:2 2:21,2:22 2:21,2:22 2:33,2:34 2:33,2:34 2:37-2:38.1 2:37,2:38 2:46.1-2:50 2:47-2:50.1 2:59,2:60 2:59, 2:60 3:4.1-3:10.1 3:5-3:10.2 3:137 3:137 4:21-4:22.2 4:21-4:22.2 6:60.5-6:60.13 6:60.5-6:60.12 7:91-7:92.1 7:91-7:92.1 7:207-7:232 7:207-7:212 CCT:5 CCT:5,CCT:6 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference municode POWERED BY CIVICPLUS info@municode.com ( 800.262.2633 I www.municode.com P.O. Box 2235 Tallahassee, FL 32316 TABLE OF CONTENTS Page Current Officials iii Officials of the County at the Time of this Codification v Preface vii Adopting Ordinance ix Checklist of Up-to-Date Pages [1] Supplement History Table SH:1 Chapter I. General Provisions 1:1 1.00.00. Title 1:3 1.01.00. Authority 1:3 1.02.00. Purpose and Intent 1:3 1.03.00. Applicability 1:4 1.04.00. Findings 1:4 1.05.00. Incorporation by Reference 1:5 111 1.06.00. Rules of Interpretation 1:5 1.07.00. Repeal of Prior Provisions 1:7 1.08.00. Effective Date;Enactment 1:7 1.09.00. Severability 1:8 1.10.00. Minimum Requirements 1:8 II. Definitions 2:1 2.00.00. Definitions 2:3 III. Zoning Districts 3:1 3.00.00. Zoning Districts 3:3 3.01.00. Zoning District Use Regulations 3:3 IV. Special Districts 4:1 4.00.00. Airport Overlay Zones 4:3 4.01.00. Hutchinson Island—Building Height Overlay Zone 4:5 4.02.00. River Park—Community Overlay Zone 4:13 4.03.00. Research and Education Park—Overlay Zone 4:18.2 4.04.00. TVC—Overlay Zone (Towns, Villages, Countryside) 4:22.1 4.05.00. St. Lucie County Rural Land Stewardship Area Overlay Zone 4:49 4.06.00-4.10.00. Reserved 4:106 4.11.00. Historic Preservation 4:106 4.12.00. Jenkins Road Area Plan Special District 4:109 V. Adequate Public Facilities 5:1 5.00.00. Adequate Public Facilities 5:3 St. Lucie County Land Development Code Supp. No. 23 xiii Adopted May 19,2009 TABLE OF CONTENTS—Cont'd. Chapter Page 5.01.00. Definitions 5:5 5.02.00. Procedure 5:10 5.03.00. Development Not Subject to the Requirements of Chapter V, Adequate Public Facilities 5:11 5.04.00. Change of Use 5:16 5.05.00. Demolition or Termination of Existing Land Use 5:17 5.06.00. Level of Service Standards 5:17 5.07.00. Proportionate Fair Share Transportation Impact Mitigation 5:25 5.08.00. Review of Development Orders 5:36 5.09.00. Variances 5:42 5.10.00. Capacity Information Letters 5:43 5.11.00. Fees 5:44 5.12.00. Conflict with Other Regulations 5:45 VI. Resource Protection Standards 6:1 6.00.00. Vegetation Protection and Preservation 6:3 6.01.00. Mangrove Protection 6:14 6.02.00. Environmentally Sensitive Lands 6:15 6.03.00. Wellfield Protection 6:30 6.04.00. Habitat of Endangered or Threatened Species 6:37 6.05.00. Floodplain Management 6:51 6.06.00. Mining 6:60.12 VII. Development Design and Improvement Standards 7:1 7.00.00. General Provisions 7:5 7.01.00. Planned Unit Development 7:5 7.02.00. Planned Non-Residential Development 7:12 7.03.00. Planned Mixed Use Development 7:21 7.04.00. Area, Yard, Height, and Open Space Require- ments 7:33 7.05.00. Transportation Systems 7:45 7.06.00. Of Street Parking and Loading 7:65 7.07.00. Stormwater Management 7:82 7.08.00. Utilities 7:86.1 7.09.00. Landscaping and Screening 7:91 7.10.00. Supplemental Standards 7:121 VIII. Accessory and Temporary Structures and Uses 8:1 8.00.00. Accessory Uses and Structures 8:3 8.01.00. Home Occupations 8:7 8.02.00. Temporary Uses and Structures 8:8 IX. Signs 9:1 9.00.00. Purpose 9:3 9.01.00. Permitted Permanent and Authorized Temporary Signs 9:3 9.02.00. General Provisions 9:19 9.03.00. Prohibited Signs 9:23 9.04.00. Permitting and Exemptions 9:26.1 St. Lucie County Land Development'Code Supp. No. 23 xiv Adopted May 19,2009 TABLE OF CONTENTS—Cont'd. Chapter Page 9.05.00. Nonconforming Signs 9:28 X. Hardship Relief 10:1 10.00.00. Nonconformities 10:3 10.01.00. Variances 10:5 10.02.00. Transferable Development Rights—(Reserved) 10:20.1 10.03.00. Eminent Domain Waiver 10:20.1 XI. Administration and Enforcement 11:1 11.00.00. General Provisions; Public Notice Require- ments 11:5 11.01.00. Authorization by a Development Permit Required Prior to Undertaking Any Develop- ment Activity 11:10 11.02.00. Procedure for Review of Site Plans 11:12 11.03.00. Procedure for Platting 11:45 11.04.00. Guarantees and Sureties 11:59 11.05.00. Procedure for Obtaining Development Permits 11:64 11.06.00. Amendments to the Code and Official Zoning Atlas 11:88 11.07.00. Conditional Uses 11:92 11.08.00. Development Agreements 11:99 11.09.00. Vested Rights 11:105 11.10.00. Right-of-Way Abandonment and Plat Vaca- tion Procedures 11:112 11.11.00. Appeals 11:118 11.12.00. Fees 11:120 11.13.00. Enforcement of Code Provisions 11:120 11.14.00. Land Use and Environmental Dispute Resolu- tion - Special Master Review Process 11:126 XII. Decision Making and Administrative Bodies 12:1 12.00.00. Board of County Commissioners 12:3 12.01.00. Environmental Control Board;Environmental Officer;Environmental Control Hearing Board 12:3 12.02.00. Planning and Zoning Commission 12:4 12.03.00. Local Planning Agency 12:7 12.04.00. Board of Adjustment 12:8 12.05.00. Office of the County Administrator 12:11 12.06.00. Office of the Planning and Development Services Director 12:11 12.07.00. Office of the Public Works Director 12:13 12.08.00. Office of the County Engineer 12:13 12.09.00. Development Review Committee 12:13 XIII. Building Regulations and Public Works Construction Manual 13:1 13.00.00. Building Code 13:3 13.01.00-13.07.00. (Reserved) 13:25 13.08.00. Minimum Housing Standards 13:25 13.09.00. Exterior Property Maintenance Code 13:26 No. 23 St. Lucie County Land Development Code Supp. xv Adopted May 19,2009 TABLE OF CONTENTS—Cont'd. Chapter Page 13.10.00-13.18.00. (Reserved) 13:28 13.20.00. (Reserved) 13:28 Table of Amendments TOA:1 Code Comparative Table—Ordinances CCT:1 Code Index CDi:1 (i St. Lucie County Land Development Code Supp. No. 23 xvi Adopted May 19,2009 0 Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service,this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. 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LDCi:31,LDCi:32 16 12:13, 12:14 4 LDCi:33,LDCi:34 16 13:1, 13:2 20 LDCi:35,LDCi:36 16 13:3, 13:4 OC LDCi:37,LDCi:38 16111 13:5, 13:6 OC LDCi:39,LDCi:40 16 13:7, 13:8 OC LDCi:41,LDCi:42 16 13:9, 13:10 OC LDCi:43,LDCi:44 16 13:11, 13:12 OC LDCi:45,LDCi:46 16 13:13, 13:14 OC LDCi:47,LDCi:48 16 13:15, 13:16 OC LDCi:49,LDCi:50 16 13:17, 13:18 OC LDCi:51,LDCi:52 20 13:19, 13:20 OC LDCi:53,LDCi:54 20 13:21, 13:22 OC LDCi:57,LDCi:58 21 13:23, 13:24 OC LDCi:58.1 21 13:25, 13:26 20 LDCi:59,LDCi:60 18 13:27, 13:28 20 LDCi:61,LDCi:62 18 TOA:1,TOA:2 3 LDCi:63,LDCi:64 22 TOA:3 3 LDCi:65,LDCi:66 15 CCT:1,CCT:2 5 LDCi:67,LDCi:68 16 CCT:3,CCT:4 18 LDCi:69,LDCi:70 10 CCT:5 22 LDCi:71,LDCi:72 21 LDCi:1,LDCi:2 16 LDCi:73,LDCi:74 16 [8] Supp.No.234110 0 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp. No. LDCi:75,LDCi:76 20 LDCi:151,LDCi:152 16 LDCi:77,LDCi:78 16 LDCi:153,LDCi:154 16 LDCi:79,LDCi:80 20 LDCi:155,LDCi:156 16 LDCi:81,LDCi:82 16 LDCi:157,LDCi:158 16 LDCi:83,LDCi:84 16 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LDCi:201,LDCi:202 20 LDCi:135,LDCi:136 20 LDCi:203,LDCi:204 21 LDCi:137,LDCi:138 16 LDCi:204.1 21 LDCi:139 16 LDCi:205,LDCi:206 OC LDCi:141,LDCi:142 12 LDCi:207,LDCi:208 OC LDCi:143,LDCi:144 12 LDCi:209,LDCi:210 16 LDCi:145,LDCi:146 12 LDCi:211,LDCi:212 22 LDCi:147,LDCi:148 12 LDCi:212.1 22 LDCi:149,LDCi:150 16 LDCi:213,LDCi:214 16 [9] 0 Supp.No.23 ST.LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp.No. LDCi:215,LDCi:216 16 LDCi:217,LDCi:218 20 LDCi:219,LDCi:220 16 LDCi:221,LDCi:222 16 LDCi:223,LDCi:224 16 LDCi:225,LDCi:226 OC LDCi:227,LDCi:228 OC LDCi:229,LDCi:230 21 LDCi:231,LDCi:232 16 LDCi:233,LDCi:234 16 LDCi:235,LDCi:236 16 LDCi:237,LDCi:238 21 LDCi:239,LDCi:240 13 LDCi:241,LDCi:242 16 LDCi:243,LDCi:244 20 LDCi:245,LDCi:246 12 LDCi:247,LDCi:248 12 LDCi:249,LDCi:250 16 [101 Supp.No.23 0 SUPPLEMENT HISTORY TABLE The table below allows users of this Land Development Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Land Development Code Book and are considered"Includes." Ordinances that are not of a general and permanent nature are not codified in the Land Development Code Book and are considered "Omits." In addition,by adding to this table with each supplement,users of this Land Development Code will be able to gain a more complete picture of the Land Development Code's historical evolution. Date Include/ Ord. No. Adopted Omit Supp. No. 10-026 9- 7-2010 Include 3 10-034 11- 9-2010 Include 3 10-036 12-21-2010 Include 3 11-005 2- 1-2011 Include 3 11-015 4-19-2011 Include 3 11-021 8- 2-2011 Include 3 11-031 12-20-2011 Include 4 11-002 12- 6-2011 Include 5 11-012 8- 2-2011 Include 5 11-017 6-21-2011 Include 5 12-002 3-20-2012 Include 5 12-003 5-15-2012 Include 5 12-004 2- 7-2012 Include 5 12-008 3-20-2012 Include 5 12-009 4-17-2012 Include 5 12-010 2-14-2012 Include 5 12-014 10- 2-2012 Include 6 13-007 3- 5-2013 Include 7 13-016 4- 2-2013 Include 7 12-013 12- 4-2012 Include 8 13-037 8- 6-2013 Include 8 13-038 9- 3-2013 Include 9 2013-19 5-21-2013 Include 10 2013-39 12-17-2013 Include 10 2013-43 12-17-2013 Include 10 2013-44 12-17-2013 Include 10 14-019 9-16-2014 Include 11 III 14-021 9-16-2014 Include 11 14-026 1- 6-2015 Include 12 St. Lucie County Land Development Code Supp. No. 23 SH:1 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE J Date Include/ Ord. No. Adopted Omit Supp. No. 15-002 4- 7-2015 Include _ 12 15-010 9- 1-2015 Include 13 16-001 1- 5-2016 Include 13 16-004 3- 1-2016 Include 14 16-009 6- 7-2016 Include 14 16-012 7-26-2016 Include 14 16-006 6- 7-2016 Omit 15 2016-19 12-20-2016 Include 15 16-022 12-20-2016 Omit 15 2016-23 11- 1-2016 Include 15 17-002 3- 7-2017 Omit 15 2017-004 4-18-2017 Include 15 17-005 5-16-2017 Include 15 2017-018 8-15-2017 Omit 15 17-015 7- 5-2017 Include 16 17-023 12-19-2017 Include 16 18-001 1-23-2018 Include 16 2018-006 5-15-2018 Include 16 2018-09 6- 5-2018 Include 16 18-013 12- 4-2018 Include 17 2020-005 2- 4-2020 Include 18 20-007 8-18-2020 Include 18 2020-8 3- 3-2020 Include 18 2020-14 6- 2-2020 Include 18 2020-22 8- 4-2020 Include 18 2020-23 8- 4-2020 Include 18 2020-026 10- 6-2020 Include 18 2020-28 10-20-2020 Include 19 2020-29 12- 1-2020 Include 19 2021-009 4- 6-2021 Include 20 2020-12 6- 2-2020 Include 20 2021-012 4-20-2021 Include 20 2021-14 6- 1-2021 Include 20 2021-18 7- 6-2021 Include 20 21-030 9- 7-2021 Include 20 2021-39 11-16-2021 Include 21 2022-2 2- 1-2022 Include 21 2022-11 6- 7-2022 Include 22 2022-12 6- 7-2022 Include 22 2022-13 6- 7-2022 Include 22 2022-18 7-19-2022 Include 23 2022-21 7-19-2022 Include 23 III St. Lucie County Land Development Code Supp. No. 23 SH:2 Adopted May 19,2009 DEFINITIONS 2.00.00 Enclosed Building:For the purposes of Section 7.10.34 only,this term means a building or structure that satisfies all of the criteria set forth in Section 7.10.34 of the Code concerning an enclosed building. Encroachment:The placement of fill,excavation,buildings,permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Environmentally Sensitive Resources or Habitats: Those resources or habitats that include, but are not limited to, wetlands, mangroves, deepwater habitats, outstanding Florida waters, class II waters, class III waters, and protected species. EPA: The United States Environmental Protection Agency. Equipment Building: The cabinets, shelter, building or other such structure which contains the electronic equipment used in the operation of the antenna. Unless,the context indicates otherwise,the term includes generators,generator fuel supplies,cable connections and supports electrical panels and similar accessory components. Equipment Shed:A structure erected on a construction site to shelter equipment and tools used in construction activities on that specific construction site. Essential Services: Those services provided by the County and other governmental entities that directly relate to the health and safety of its residents,including fire,police and rescue. Essential Utility Service Facilities: Small scale infrastructure improvements located outside transportation and utility rights-of-way that support the provision of public facilities and services and are required to be located in or near the neighborhood where the service is provided, including improvements that support the transmission or distribution systems of water, sanitary or storm sewage, cable, gas, electricity, and public safety, including poles, wires, mains, hydrants, drains, sewer lift stations, pipes, conduits, police or fire call boxes, warning sirens,bus stops, stormwater retention or detention facilities, chloramine injection station, potable water booster station and other similar equipment necessary for the furnishing of adequate public service. Estuarine Shoreline Area: Is the area between the mean high water line of the Indian River Lagoon and the landward extent of surface waters of the state (as defined in accordance with Section 17-4.022, Florida Administrative Code, and F.S. §§ 403.817 and 403.913). Excavation: Any mechanical or manual removal of rock, consolidated or unconsolidated soil material, sand, or vegetation. "Excavation" includes, but is not limited to, dredging, draglining, bulldozing, scraping, digging, scooping, or hollowing out. Existing: For purposes of an Eligible Facilities Modification, a constructed tower or base station that has been reviewed or approved under the applicable zoning or siting process of St. Lucie County Land Development Code Supp. No. 23 2:21 Adopted May 19,2009 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE the County,or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. Existing Building and Existing Structure: Any buildings and structures for which the "start of construction" commenced before August 13, 1981. [Also defined in FBC, B, Section 202.J Existing Non-Residential Activity:As used in Section 6.03.00,Wellfield Protection,means: (1) Non-residential activities existing as of the effective date of this Code which have received site plan approval, subdivision approval or similar final development order approval, or (2) Non-residential activities existing as of the effective date of this Code which have received zoning compliance,occupational license,or similar forms of annual develop- ment approval, and which do not require a final development order. This term shall include renewal of annual development approvals, provided that there are no expansions, modifications or alterations that would increase the use, handling, production or storage of Regulated Substances in Wellfield Zones one and two. Existing Structure: As used in Section 7.10.23, means a structure that exists at the time an application for permission to place antennas on a structure is filed with the County. The term includes any structure that can structurally support the attachment of antennas in compliance with applicable codes. Exotic Vegetation:Non-native vegetation that is considered a nuisance,invasive,or a pest. Exotic vegetation includes,but is not limited to,Brazilian pepper(Schinos terebinthis folios), Australian Pine (Casuarina equisetifolia), and Melaleuca (Melaleuca quinquenervia). Externally Illuminated Sign:A sign where the fixed source of illumination is reflected off the surface of the sign. A sign utilizing exposed neon lighting, or otherwise meeting the definition of an internally illuminated sign,shall not be considered an externally illuminated sign. FAA: The Federal Aviation Administration. Facade: See "Wall Face". St. Lucie County Land Development Code Supp. No. 23 2:22 Adopted May 19,2009 DEFINITIONS 2.00.00 which describes the parcel with such definitiveness that its location and boundaries are established and recognized by Florida Law, unless otherwise considered to be a nonconforming lot of record as described in Section 10.00.04 of this Code. Lot Split:The division of land into two(2)contiguous lots or parcels without involving the establishment of a new street. Lot, Platted:A lot platted in accordance with St. Lucie County after the effective date of this Code. Lot, Width of: The distance between side lot lines. If the side lot lines are parallel, this distance is measured along a perpendicular to the side lot lines. If the side lot lines are not parallel, this distance is measured along a line drawn such that its intersections with the side lot lines form equal angles. Low-Tetrahydrocannabinol Cannabis or Low-THC Cannabis: A plant of the genus cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than ten percent (10%) of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization. Lowest Floor:As used in Section 6.05.00, Floodplain Management, the lowest floor of the 410 lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking,building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.1 Machinery, Heavy: Trucks, mechanical land clearing, earth moving, or earth working equipment with a gross weight in excess of five thousand(5,000)pounds. For the purposes of this Code, all machinery that utilizes steel tracks for traction shall be considered heavy machinery. Maintenance:The action taken to restore or preserve the functional intent of any facility or system;normal custodial work needed to sustain original plans or permits. Major Arterial Road: A roadway primarily focusing on carrying through traffic. Major arterials provide service that is relatively continuous, high in volume, of long trip length, and high operating speed. Major Collector Street or Road: A roadway emphasizing traffic distribution between arterial roadways and roadways of a lower hierarchy. A major collector provides for services that are moderate in length, volume and speed. Major Structure:As used in Section 13.00.02, Coastal Construction Code, includes,but is not limited to, residential buildings including mobile homes, commercial, institutional, 410 industrial and other construction having the potential for substantial impact on coastal zones. St. Lucie County Land Development Code Supp. No. 23 2:33 Adopted May 19,2009 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Mangrove:Any specimen of the species Avicennia germinans(black mangrove), Laguncu- laria racemosa (white mangrove), Rhizophora mangle (red mangrove) and Conocarpus erectus (buttonwood mangrove). Mangrove Alteration: To cut, remove, damage, or destroy by any means. Mangrove Alteration is distinct from the "trimming" or "pruning" of mangroves. Manufactured Building: A structure, building assembly, or system of subassemblies, approved by and bearing the insignia of approval of the Florida Department of Community Affairs,or its successor agency,pursuant to the provisions of F.S. Ch. 553,Part IV. No mobile home, whether complying or not complying with mobile home construction standards promulgated by the United States Department of Housing and Urban Development or required by the State of Florida shall be considered a manufactured building for the purpose of this Code. Manufactured Home: As used in Section 6.05.00, Floodplain Management, a structure, transportable in one(1)or more sections,which is eight(8)feet or more in width and greater than four hundred(400)square feet,and which is built on a permanent,integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.] Manufactured Home Park or Subdivision: As used in Section 6.05.00, Floodplain Management, a parcel (or contiguous parcels) of land divided into two (2) or more411 manufactured home lots for rent or sale. Manure: Solid waste composed of excreta of animals, and residual materials that have been used for bedding, sanitary, or feeding purposes for such animals. Market Value:As used in Section 6.05.00,Floodplain Management,the value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the Actual Cash Value(in-kind replacement cost depreciated for age,wear and tear, neglect and quality of construction), as determined by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser. Marquee:A hood,canopy,or awning of permanent construction that projects from the wall face of a building. Marquee Sign: See "Canopy Sign." Marsh and Salt Tolerant Vegetation: Native salt tolerant forbes, herbs, grasses, sedges, rushes, and nurse plants (for recruitment) which are listed in Chapters 17-4.02(17) or 17-4.022,Florida Administrative Code,in addition to:Halodule wrightii(cuban shoal grass), Ruppia maritinia,Syringodium filiformis(manatee grass),and Thalassia testudinum(turtle grass). St. Lucie County Land Development Code Supp. No. 23 2:34 Adopted May 19,2009 DEFINITIONS 2.00.00 Monopole Tower: A telecommunications tower consisting of a single pole or spire self-supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports. Monument Sign: A ground sign that is connected to the ground, 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 eighty percent (80%) width of the sign. A monument sign does not have any exposed pole or pylon. Motor Vehicle: An automobile, motorcycle, truck, trailer, semi-trailer, truck-tractor, and semi-trailer combination, or any other vehicle operated on the roads of this county, used to transport persons or property, and propelled by power other than muscular power. Mulch: Non-living small aggregate materials such as gravel, rock, pebbles, bark, or pine needles, used as ground cover. Multi Use Path:A bikeway(ten(10)to twelve(12)feet wide)physically separated from the motorized vehicular traffic by an open space or barrier and either within highway right-of-way or within an independent alignment. Multi-use paths may be used by pedestrians, skaters, and joggers as well as bicyclists. Nameplate: Generally, a sign indicating the name of and other information pertaining to the occupant or resident of the dwelling unit or other building to which it is attached; provided, however, that a nameplate may contain any other information chosen by the property owner or occupant if all other requirements of this chapter are met. National Geodetic Vertical Datum(NGVD):As corrected in 1929,is a vertical control used as a reference for establishing varying elevations within the floodplain. Native/Drought-Tolerant Trees: Indigenous trees which tolerate periods of low rainfall. See Section 7.09.06 (Standards for Native and Drought-Tolerant Vegetation). Native Vegetation: Any indigenous tree, plant or shrub adapted to soil and climatic conditions occurring onsite. New Construction: As used in Section 6.05.00, Floodplain Management, for the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after August 13, 1981 and includes any subsequent improvements to such structures. Newspaper of General Circulation: A newspaper published at least on a weekly basis; it does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. Newsrack: Any self-service or coin operated box, container, storage unit, dispenser or • other unmanned device installed,used, or maintained for the display, sale or distribution of newspapers or other periodicals or advertising circulars or any other printed matter. St. Lucie County Land Development Code Supp. No. 23 2:37 Adopted May 19,2009 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 0 Nonconcurrency Affidavit: A document signed by an applicant which defers the applica- tion for a Certificate of Capacity and the Concurrency Test until receipt of a Final Development Order for the proposed development. Nonconforming Lot of Record:A lot of record that does not meet minimum area,width or frontage requirements of this Code and as further described in Section 10.00.04 of the Code. Nonconforming Structure:Any lawfully existing structure or building on the effective date of this Code that does not comply with all of the provisions of this Code. Nonconforming Use: Any use lawfully being made of any land, building, or structure on the effective date of this Code that does not comply with the provisions of this Code. Nonhabitable Major Structure: As used in Section 13.00.02, Coastal Construction Code, includes, but is not limited to, swimming pools; parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water-retention structures;water and sewage treatment plants; electrical power plants, transmission and distribution lines, transformer pads, vaults, and substations; roads, bridges, streets, and highways; underground storage tanks. Non-Native Vegetation: Any tree, plant or shrub established from outside sources where local climatic and geologic conditions are similar to the source of origin and therefore favorable to growth. Nonresidential Activity: As used in Section 6.03.00, Wellfield Protection, means any0 activity occurring on any described parcel of land, whether or not within a structure, with the exception of residential activity as defined herein. Those nonresidential activities which do not meet the definition criteria of existing nonresidential activity as defined herein,shall be defined as new nonresidential activities. Non-Rigid or Flexible Structures: As used in Section 6.02.01, Coastal Area Protection, include, but are not limited to, beach and dune restoration, sand fencing, and stabilization with beach and dune vegetation to reduce or control vegetation. Normal Farming Operations: This term shall have the meaning set forth in Section 7.10.34(B) of the Code. North American Vertical Datum: (NAVD) of 1988 means a vertical control used as a reference for establishing varying elevations within the floodplain. Nursing Home: An institution, public or private, that provides twenty-four (24) hours of nursing care for three (3) or more unrelated individuals and is presently licensed pursuant to F.S. § 400.062. Nutrients: For the purposes of Section 7.10.34 only, this term shall mean nitrate, total kjeldahl nitrogen, nitrite and total phosphorus. 0 St. Lucie County Land Development Code Supp. No. 23 2:38 Adopted May 19,2009 DEFINITIONS 2.00.00 Sidewalk: That portion of a roadway designed for preferential or exclusive use by pedestrians and non-motorized vehicles. Side Lot Lines: Straight lines connecting the end points of the front and rear lot lines. Sidewalk or Sandwich Sign: See "Portable Sign". Sign: Any exterior device, structure, fixture, painting, emblem, or other visual medium, that uses words, graphics, colors, illumination, symbols, letters, colors, or numbers for expression or communication. The term"sign"shall not include any noncommercial message displayed in the window, and entirely within the window area, of any lawfully existing building. Signs also shall include, without limitation, flags, banners, and pennants. Sign Area: The entire area within a perimeter line not exceeding eight(8) straight lines, or a circle or ellipse, which encloses the extreme outer limits of the sign face. If a sign is composed of one(1)or more sign cabinets or modules,the area enclosing the entire perimeter of all cabinets and/or modules within a single,continuous geometric figure shall be the area of the sign. The perimeter of measurable area shall not include embellishments such as poles, pole covers, framing, decorative roofing, support structures, etc., providing that there is no expressive or communicating medium on such embellishments. Where the sign faces of ground or projecting signs are parallel, or are V-shaped and have an interior angle of less than sixty(60) degrees, the area of such signs shall equal the area of the larger of the two (2) sign faces. Where the sign faces of ground or projecting signs are V-shaped and have an interior angle of sixty(60)degrees or greater,the area of such sign shall equal the sum of the area of both sign faces. • St. Lucie County Land Development Code Supp. No. 23 2:47 Adopted May 19,2009 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE FIGURE 2-20 fl -,A , Li/ . ACMEFr r A I' �� USED ACME , I. , CARS V 111 I I USED CARS L___ - SIGN AREA FIGURE 2-21 INTERIOR SIGN ANGLE r r ROW Line r I er /% SIGN SIGHT TRIANGLE Sign Face: The part of a sign that is or may be used to convey a message or idea. St. Lucie County Land Development Code Supp. No. 23 2:48 Adopted May 19,2009 DEFINITIONS 2.00.00 Site-Related Right-of-Way Dedications:Right-of-way dedications necessary to provide safe and adequate access to a development, which are made necessary by the traffic to be generated by or attracted to the development. Dedications of right-of-way to bring a road up to local (minor) road standards are presumed to be site related. Snipe Sign:A sign of any material,including but not limited to paper,cardboard,wood,or metal,that does not comply with the standards of Section 9.02.01(A)(3)and is tacked,nailed, pasted,glued,or otherwise attached to trees,poles,fences,rocks,benches,or similar objects, either in the public right-of-way or other public property, or on private property without the permission of the owner. Solar Access: The access of a solar energy system to direct sunlight. Solar Energy System: Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in the heating or cooling of a structure or building,the heating or pumping of water, or the generation of electricity. A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include,but are not limited to, serving as a structural member or part of the roof of a building or structure and serving as a window or wall. A solar energy system may be mounted on the building or on the ground and is not the principal use of the property. 4110 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. Solid Waste: Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works,water supply treatment plant,or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Special Flood Hazard Area: See Area of Special Flood Hazard. Special Flood Hazard Area: As used in Section 6.05.00 Floodplain Management, an area in the floodplain subject to a one percent(1%)or greater chance of flooding in any given year: Special flood hazard areas are shown on FIRMs as Zone A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B, Section 202.] Special Master Proceeding: Means any combination of facilitation sessions, formal or informal hearings, of a public nature authorized under Section 11.14.00 of this Code. Su No. 23 St. Lucie County Land Development Code Pp 2:49 Adopted May 19,2009 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Specified Anatomical Areas: Less than opaquely covered: (1) Human genitals; (2) Human pubic region; (3) Human female breasts at or directly below the areola. This prohibition shall include the entire lower portion of the female breast but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; (4) Human male genitals in discernible turgid state, even if completely and opaquely covered; and (5) Human buttocks. Specified Sexual Activities: Human genitals in the state of sexual stimulation or arousal; acts of human adamitism, anilinctus, bestiality, coprophilia, cunnilingus, fellatio, flagella- tion, frottage, hyphephilia, masochism, masturbation, sadism, sadomasochism, sexual intercourse, sodomy, or urolagnia; and fondling or other erotic touching of human genitals, human pubic region, or female breasts. Specimen Tree:A tree which has been determined by the Board of County Commissioners, following input from the Community Development Department, to be of high value because41110 of its type, size, age, or other relevant criteria, and has been so designated by the Board in the official record books of the county following a public hearing with due notice provided in advance by certified mail to the owner. Sponsoring Agency: As used in the context of"community residential home" sponsoring agency means an agency or unit of government, a profit or nonprofit agency, or any other person or organization which intends to establish or operate a community residential home. St. Lucie County Port and Airport Authority: That authority created under Chapter 88-515, § 2, Laws of Florida responsible for the administration of the St. Lucie County International Airport and Port of Fort Pierce. St. Lucie River Watershed:The St. Lucie River, its tributaries, its estuary, and the areas within St. Lucie County, Martin County, and Okeechobee County from which surface water flow is directed or drains, naturally or by constructed works, to the St. Lucie River, its tributaries, or its estuary. Start of Construction: As used in Section 6.05.00, Floodplain Management, the date of issuance of permits for new construction and substantial improvements,provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within one hundred eighty(180)days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building(including a manufactured home)on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns. St. Lucie County Land Development Code Supp. No. 23 2:50 Adopted May 19,2009 DEFINITIONS 2.00.00 0 Permanent construction does not include land preparation (such as clearing, grading, or filling),the installation of streets or walkways,excavation for a basement,footings,piers,or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement,the actual "start of construction"means the first alteration of any wall,ceiling,floor or other structural part of a building,whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B, Section 202.] State: The State of Florida. State Highway System: Consists of: (1) Interstate system; (2) All rural arterial routes and their extensions into and through urban areas; (3) All urban principal arterial routes; and (4) Certain urban minor arterial routes designated by the Florida Department of Transportation. State Jurisdictional Waters: Those waters and wetlands within the State dredge and fill jurisdiction pursuant to Sections 17-4.02(17)and 17-4.022,Florida Administrative Code,and rules on Sovereignty Lands, Chapter 16Q-21, Florida Administrative Code, and Florida 0 Aquatic Preserves, Chapter 16Q-20, Florida Administrative Code. State Minimum Building Code: The building code adopted by a municipality or county pursuant to the requirements of F.S. § 553.73. 0 St. Lucie County Land Development Code Supp. No. 23 2:50.1 Adopted May 19,2009 DEFINITIONS 2.00.00 Wireless Communications Facility or Telecommunications Facility: Any equipment or facility used to provide wireless telecommunications service and may include, but is not limited to, antennas, towers, equipment enclosures, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. Such definition shall not include facilities of a governmental entity where such facilities are utilized to provide intra-governmental communications, not generally available to the public,to protect the health,safety and welfare of the public,including but not limited to the South Florida Water Management District. Wireless Telecommunications Service: Personal wireless service or "commercial mobile radio service"as provided under ss. 3(27)and 332(d)of the Federal Telecommunications Act of 1996, 47 U.S.C. §§ 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, August 10, 1993, 107 Stat. 312. The term includes service provided by any wireless real-time two-way communication device, including radio-telephone communica- tions used in cellular telephone service; personal communications service;or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communications service, or a network radio access line. The term does not include wireless providers that offer mainly dispatch service in a more localized, noncellular configuration; providers offering only data, one-way, or stored-voice services on an interconnected basis; providers of air-to-ground services; or public coast stations. Wireless Tower or Telecommunications Tower or Tower: Any structure, and support thereto, designed and constructed for the sole or primary purpose of supporting one (1) or more antennas and their associated equipment intended for transmitting or receiving wireless telecommunications services,telephone,radio and similar communication purposes, licensed or authorized by the FCC to the extent required, including lattice, monopole and guyed telecommunications towers. Unless otherwise expressly excluded, the term includes transmission telecommunications towers, microwave telecommunications towers, common- carrier telecommunications towers, cellular telephone telecommunications towers, alterna- tive telecommunications tower structures,among others. To the extent not inconsistent with applicable law, the term Wireless Tower or Telecommunications Tower does not include a utility pole for the collocation of a small wireless facility in the County's public rights-of-way pursuant to the St. Lucie County Communications Rights-of-Way Ordinance, Chapter 44, Article I, of the County Code. A Wireless Tower, Telecommunications Tower or Tower shall not include the following: (1) A cell-on-wheels authorized pursuant to Section 7.10.23; (2) A structure supporting a utility transmission line(s) only; (3) A structure up to one hundred fifty(150)feet in height supporting a 69KV or higher voltage utility transmission line(s), and antenna(e),when located in non-residential zoning districts; (4) An amateur radio antenna or its support apparatus; and No. 23 St. Lucie County Land Development Code Supp. 2:59 Adopted May 19,2009 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE III (5) A structure supporting a radio,television or satellite receiving antenna for residential uses only. Yard:An open space at grade between a building and the property lines of the lot on which the building is located, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. Yard, Front:A yard extending across the front of a lot,bounded by the side lot lines,front property line and the front of the main building or any projections thereof. In all cases, the main building and any projections thereof must be behind the line of minimum lot width. Yard,Rear:A yard extending across the rear of a lot between the side lot lines and the rear property line, and being the required minimum horizontal distance between the rear property line and the rear of the main building or any projections thereof. On all lots the rear yard shall be at the opposite end of the lot from the front yard. Yard, Side:A yard between the main building and the side line of the lot, extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side property line and the side of the main building or any projections thereof. Yard Trash: Means vegetative matter resulting from landscaping maintenance and land clearing operations and includes materials such as tree and shrub trimmings, grass 0 clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of Section 7.10.34 only. Yard trash also includes clean wood. Zone of Protection:Those areas around public water supply wellfields meeting the criteria in Section 6.03.02. (Ord. No. 10-003,Pt. A, 2-15-2010;Ord. No. 10-034,Pt. A, 11-9-2010;Ord. No. 11-005, Pts. A, B, 2-1-2011; Ord. No. 11-031, Pt. A, 12-20-2011; Ord. No. 11-017, Pt. A, 6-21-2011;Ord. No. 11-012, § A, 8-2-2011; Ord. No. 12-003, Pt. A, 5-15-2012; Ord. No. 12-009, Pt. A, 4-17-2012; Ord. No. 12-010, Pt. A, 2-14-2012; Ord. No. 13-038, Pt. A, 9-3-2013; Ord. No. 15-002,Pt. A,4-7-2015;Ord. No. 16-009,Pt. A,6-7-2016;Ord. No. 17-004,Pt. A,4-18-2017; Ord. No. 17-005, Pt. A, 5-16-2017; Ord. No. 17-015, § 2, 7-5-2017; Ord. No. 18-001, Pt. A, 1-23-2018;Ord. No. 2018-006,Pt. A,5-15-2018;Ord. No. 2020-22,Pt. A,8-4-2020;Ord. No. 2020-29, Pt. A, 12-1-2020; Ord. No. 2021-14, Pt. A, 6-1-2021; Ord. No. 2022-18, § 2, 7-19-2022; Ord. No. 2022-21, Pt. A, 7-19-2022) 4111 St. Lucie County Land Development Code Supp. No. 23 2:60 Adopted May 19,2009 ZONING DISTRICTS 3.01.01 residentially zoned property and road rights-of-way shall be screened by landscaping with the type and location of the improvement and landscape treatments to be determined at the time of permitting. b. Essential Utility Service Facilities involving buildings or structures that shield the infrastructure for aesthetic purposes or that provide storage incidental to the Essential Utility Service shall be permitted upon a demonstration of compliance with all applicable sections of this Code, and the provisions below: 1) The cumulative area of the Essential Utility Service Facilities building or structure shall not exceed 300 square feet. Essential Utility Service Facilities involving buildings or structures with a cumulative total area larger than 300 square feet, or not compliant with this Section, shall only be permitted within a zoning district when specifically listed as a permitted, conditional or accessory use. 2) The Essential Utility Service Facilities building or structure shall comply with all applicable building codes, resource protection and development design standards, including landscaping and screening requirements. Where necessary, the Planning and Development Services Director may approve alternative plans for security purposes or to ensure compatibility with the surrounding zoning district and existing uses. 3) Within residentially zoned areas, Essential Utility Service Facilities buildings or structures shall require approval by the Planning and Development Services Director. The Director shall deny any building or structure that would likely create an adverse impact on neighboring properties. c. Essential Utility Service Facilities,as defined in this Code,existing as of May 1, 2012 shall be considered permitted uses in the zoning district in which they are located and allowed to continue in compliance with this Code and any applicable conditions of approval. 3. Public services and facilities not meeting the provisions for Transportation and Utility Rights-of-way or Essential Utility Service Facilities,including but not limited to those involving distribution substations, generation plants, treatment plants, or stormwater pumping stations shall be permitted within zoning districts only when listed as a permitted or conditional use. Where an Essential Utility Service Facilities improvement is specifically addressed in another section of this Code, and conflicts with this Section, the most restrictive requirements shall apply. In the event any of the provisions of this Section prohibit the installation of an emergency improvement or a utility improvement required by an environmental regula- tory agency, the Planning and Development Services Director may grant a waiver of the provisions of this Section upon determination that strict application would result in a threat to public health, safety or welfare. (Ord. No. 12-009, Pt. A, 4-17-2012) St. Lucie County Land 1p Supp. No. 23 3:5 Adopted May 19,2009 3.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 3.01.02. Administrative Use Regulations for Permitted and Conditional Uses. A. For the purposes of clarifying and detailing the intent and purpose of the uses of the Zoning Districts in §§ 3.01.03(A) through 3.01.03(HH), the Planning and Development Services Director shall utilize the Standard Industrial Classification (SIC) Manual (1987 ed.), prepared by the Executive Office of the President, Office of Management and Budget. B. Whenever a use is not specifically listed in Sections 3.01.03(A) through 3.01.03(HH) the Planning and Development Services Director shall make a determination as to whether the proposed use is of the same general type as identified in the Standard Industrial Classification Manual(1987 ed.),prepared by the Executive Office of the President,Office of Management and Budget. When a proposed use is listed in another Section, the Director may make a determination whether the use may also be appropriate in another district based upon an analysis of compatibility. The analysis of compatibility shall include,but not necessarily be limited to: traffic circulation,parking,noise,odor,hours of operation,buffers, stormwater run-off, or other determinations of impacts on nearby residences, uses or districts. Should the Director determine a proposed use is compatible in another district, future similar use proposals in the same district will have a presumption of compatibility. (Ord. No. 12-003, Pt. B, 5-15-2012) 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 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) St. Lucie County Land Development Code Supp. No. 23 3.6 Adopted May 19,2009 ZONING DISTRICTS 3.01.03 h. Kennels. (0752) i. Research facilities, non-commercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 1. 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) i. 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) 1. Telecommunication towers - subject to the standards of Section 7.10.23. (999) m. Camps - sporting and recreational. (7032) 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.St. Lucie County Land ip Code Supp. No. 23 3:7 Adopted May 19,2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 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) i. Research facilities, noncommercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 1. 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. St. Lucie County Land Development Code Supp. No. 23 3:8 Adopted May 19,2009 ZONING DISTRICTS 3.01.03 0 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) IIIi. 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) 1. 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. 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) 111 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. St. Lucie County Land Development Code Supp. No. 23 3:9 Adopted May 19,2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 0 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 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) 41) 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) 1. 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. II St. Lucie County Land Development Code Supp. No. 23 3:10 Adopted May 19,2009 ZONING DISTRICTS 3.01.03 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) (2) Apparel and accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) 1. 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. Commercial composting facilities subject to the requirements of Section 7.10.34. p. Recreational vehicle and boat storage facilities subject to the requirements of Section 7.10.36. (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.St. Lucie County Land 1p Supp. No. 23 3:10.1 Adopted May 19,2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE D. R I C RESIDENTIAL/CONSERVATION. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum gross density of one (1) dwelling unit per five (5) gross acres, together with such other uses as may be necessary for and compatible with low density residential surroundings. 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. Family day care homes. (999) b. 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) c. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-Street Parking Requirements. Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements shall be subject to Section 7.09.00. 7. Conditional Uses: a. Family residential homes located within a radius of one thousand(1,000)feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23. (999) St. Lucie County Land Development Code Supp. No. 23 3:10.2 Adopted May 19,2009 ZONING DISTRICTS 3.01.03 c. Use of Native and Drought Resistant Plants: Wherever feasible and environmentally beneficial, landscape designs should feature native and/or drought-tolerant plant species, especially in areas adjacent to existing native vegetation, to take advantage of the unique natural character and diversity of the region, and the adaptability of native plants to local environmental conditions. Where feasible, the re-establishment of native habitats should be incorporated into the landscape design. In the same manner,landscape designs are encouraged to utilize drought tolerant plant materials to the maximum extent feasible. The use of drought tolerant plants should enrich the existing landscape character, conserve water and energy, and provide as pleasant and varied a visual appearance as plants that require more water. The Board of County Commissioners may condition the approval of any resort with more stringent or restrictive landscape requirements in order to ensure compat- ibility with surrounding land uses. 6. Sign Requirements: Site signage shall be consistent with the provisions of Section 9.01.01(E). A preliminary site signage plan shall be required as part of the site plan review process of all resorts developed under of the CR zoning district. Site signage for a resort shall be in keeping with the resort's character, architecture and signature amenity or anchor attribute, both in scale and design. The scale and design of the sign shall also be appropriate to the surrounding area in which the resort is located. The Board of County Commissioners may condition the approval of any resort with more stringent or restrictive signage requirements in order to ensure compatibility with surrounding land uses and the speed limit of the road or roads which the sign(s)faces. 7. Conditional Uses: a. Telecommunication towers— subject to the standards of Section 7.10.23. 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Solar energy systems, subject to the requirements of Section 7.10.28. (Ord. No. 10-026,Pt. A,9-7-2010;Ord. No. 10-034,Pt. A, 11-9-2010;Ord. No. 11-015,Pt. A, 4-19-2011; Ord. No. 11-021, Pt. A, 8-2-2011; Ord. No. 11-017, Pt. A, 6-21-2011; Ord. No. 11-002, § 4, 12-6-2011; Ord. No. 12-004, § A, 2-7-2012; Ord. No. 12-013, Pt. A, 12-4-2012; Ord. No. 13-007, § A, 3-5-2013; Ord. No. 15-002, Pt. A, 4-7-2015; Ord. No. 17-005, Pt. A, 5-16-2017; Ord. No. 17-015, § 3, 7-5-2017; Ord. No. 17-023, Pt. A, 12-19-2017; Ord. No 2020-8, Pt. A, 3-3-2020; Ord. No. 2020-22, Pt. A, 8-4-2020; Ord. No. 2020-28, Pt. A, 10-20-2020; Ord. No. 2022-11, Pt. A, 6-7-2022; Ord. No. 2022-12, Pt. A, 6-7-2022; Ord. No. 2022-21, Pt. A, 7-19-2022) 4111 St. Lucie County Land Development Code Supp. No. 23 3:137 Adopted May 19,2009 SPECIAL DISTRICTS 4.03.04 4.03.04. Performance Standards. The following performance standards shall be maintained for approval of any planned development within the Research and Education Park Overlay Zone. The Research and Education Park Overlay standards shall supersede when more limiting than other provi- sions of this Code. A. Building Height: Zone A: Maximum height for any structure shall be sixty (60) feet. Zone B: Maximum height for any structure shall be thirty-five (35) feet. B. Signs: Signs for all uses within the Research and Education Center Overlay Zone shall conform to the requirements of Section 9.01.01(E),(Commercial,Neighborhood) of this Code. Billboards that are specific to marketing or identification of the Research and Education Park are permitted along the Florida Turnpike and may be installed in accordance with Section 9.02.02—Off Premises Signs. C. Lot Coverage by Buildings: Zone A: 50% maximum lot coverage by buildings Zone B: 25% maximum lot coverage by buildings 50% lot coverage by structures utilized for agricultural production purposes D. Minimum Yard requirements: Minimum yard and minimum lot size requirements will be determined through the planned non-residential development process. Buildings under the site plan threshold shall meet the minimum yard requirement of the property's underlining zoning district. E. Landscaping Requirements: Landscaping requirements related to screening uses outside the Research and Education Overlay Zone boundary, retention of native landscapes, drought-tolerate vegetation and exotic removal shall be subject to Section 7.09.00. Landscape buffers along roadways and between uses within the Research and Education Overlay Zone shall be determined as part of the planned development process and in all cases shall be consistent with the intent of the Research and Education Overlay Zone and the Research and Education Park Master Plan. F. Off-street Parking and Loading Requirements: Off-street parking and loading requirements are subject to Section 7.06.00. A fifteen percent (15%) reduction may be applied if the Planned Development contains two (2) or more uses. Agricultural production structures are not subject to the requirements of Section 7.06.00. Parking garage structures may be proposed for individual or shared use within Zone A. (Ord. No. 2020-12, Pt. A, 6-1-2020) St. Lucie County Land Development Code Supp. No. 23 4:21 Adopted May 19,2009 4.03.05 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 3 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 agriculture and biologi- cal research and development;such as, agriculture, food and medicine.) The permitted uses in Zone A only shall include: 1.) Business services (SIC 73). 0 2.) Manufacturing and Processing: a. Drugs (SIC 283). 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). i. 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). 1. Soap, detergents, and cleaning preparations, perfumes, cosmetics, and other toilet preparations (SIC 284). m. Tobacco stemming and redrying (SIC 21). Of 3.) Research, development and testing services (SIC 873). St. Lucie County Land Development Code Supp. No. 23 4:22 Adopted May 19,2009 SPECIAL DISTRICTS 4.03.05 111 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.) Eating places (SIC 5812). 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. (Ord. No. 10-034,Pt. A, 11-9-2010;Ord. No. 2020-12,Pt. A,6-1-2020;Ord. No. 2022-21,Pt. A, 7-19-2022) 4.04.00. TVC—OVERLAY ZONE (TOWNS,VILLAGES,COUNTRYSIDE) "Chapter IV "Special Districts" of the Land Development Code is amended to create Sections 4.04.00 through 4.04.06 "TVC - Overlay Zone (Towns, Villages, Countryside)" as follows. Language that is not underlined is identical to Ordinance 06-017 (which will take effect on the same date when the Towns, Villages and Countryside Comprehensive Plan amendments take effect). Language that is struck through is contained in Ordinance 06-017 but is not being adopted by Ordinance 07-055. Language that is underlined is not contained in Ordinance 06-017 but is being adopted on an interim basis by Ordinance 07-055." Supp. No. 23 4:22.1 St. Lucie County La Adopted May 19,2009 4.04.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 4.04.01. Purpose and Intent. The purpose and intent of Section 4.04.00 of this Code is to: A. Guide the creation of Towns, Villages, protected Countryside, and other permitted uses on land designated TVC on the Future Land Use Map of the St. Lucie County Comprehensive Plan. B. Ensure that all development of land designated TVC takes place in accordance with the settlement principles set forth in the TVC Element of the Comprehensive Plan. Where this overlay zone directly conflicts with other portions of this Code, this overlay zone will prevail; however, no development may be approved that conflicts with the St. Lucie County Comprehensive Plan. 3 St. Lucie County Land Development Code Supp. No. 23 4:22.2 Adopted May 19, 2009 RESOURCE PROTECTION STANDARDS 6.05.09 insurance will be commensurate with the increased risk resulting from the reduced floor elevation(up to amounts as high as twenty-five dollars($25.00)for one hundred dollars ($100.00) of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. (Ord. No. 18-001, Pt. A, 1-23-2018) 6.05.08. Violations. A. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit,that is in conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. B. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved,to the owner's agent,or to the person or persons performing the work. C. Unlawful Continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. (Ord. No. 18-001, Pt. A, 1-23-2018) 6.05.09. Flood resistant development. A. Buildings and Structures. 1. Design and Construction of Buildings, Structures and Facilities Exempt from the Florida Building Code. Pursuant to Section 6.05.04(C) of this ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings,structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 6.05.09(G) of this ordinance. 2. Buildings and Structures Seaward of the Coastal Construction Control Line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (a) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code,Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. St. Lucie County Land Development Code Supp. No. 23 6:60.5 Adopted May 19,2009 6.05.09 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (b) Minor structures and non-habitable major structures as defined in F.S. § 161.54, shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. 3. Non-elevated accessory structures. Accessory structures are permitted below eleva- tions required by the Florida Building Code provided the accessory structures are used only for parking or storage and: (a) If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, are one-story and not larger than 600 sq. ft. and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential. (b) If located in coastal high hazard areas (Zone V/VE), are not located below elevated buildings and are not larger than 100 sq. ft. (c) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (d) Have flood damage-resistant materials used below the base flood elevation plus one (1) foot. (e) Have mechanical,plumbing and electrical systems,including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot. B. Subdivisions. 1. Minimum Requirements. Subdivision proposals,including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (c) Adequate drainage is provided to reduce exposure to flood hazards;in Zones AH and AO,adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Subdivision Plats.Where any portion of proposed subdivisions,including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: (a) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; (b) Where the subdivision has more than fifty (50) lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 6.05.05(B)(1)of this ordinance; and • St. Lucie County Land Development Code Supp. No. 23 6:60.6 Adopted May 19,2009 RESOURCE PROTECTION STANDARDS 6.05.09 (c) Compliance with the site improvement and utilities requirements of Section 6.05.09(C) of this ordinance. C. Site Improvements, Utilities and Limitations. 1. Minimum Requirements. All proposed new development shall be reviewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (c) Adequate drainage is provided to reduce exposure to flood hazards;in Zones AH and AO,adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters,and impairment of the facilities and systems. 3. Water Supply Facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 4. Limitations on Sites in Regulatory Floodways. No development, including but not limited to site improvements,and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 6.05.05(C)(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. 5. Limitations on Placement of Fill. Subject to the limitations of this ordinance,fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters,prolonged inundation,and protection against flood-related erosion and scour. In addition to these requirements,if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. 6. Limitations on Sites in Coastal High Hazard Areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and Su No. 23 St. Lucie County Land Development Code Pp 6:60.7 Adopted May 19,2009 6.05.09 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 0 only if the engineering analysis required by Section 6.05.05(C)(4) of this ordinance demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 6.05.09(G)(8)(3) of this ordinance. D. Manufactured Homes. 1. General.All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. 2. Limitations on Installation in Floodways and Coastal High Hazard Areas (Zone V). New installations of manufactured homes shall not be permitted in floodways and coastal high hazard areas (Zone V). 3. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced founda- tions that: (a) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida4111 Building Code, Residential Section R322.2 and this ordinance. (b) In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this ordinance. 4. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 5. Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A)or Section R322.3 (Zone V and Coastal A Zone). 6. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code,Residential Section R322.2 or R322.3 for such enclosed areas, as applicable to the flood hazard area. 0 St. Lucie County Land Development Code Supp. No. 23 6:60.8 Adopted May 19,2009 RESOURCE PROTECTION STANDARDS 6.05.09 111 7. Utility Equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. E. Recreational Vehicles and Park Trailers. 1. Temporary Placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (a) Be on the site for fewer than one hundred eighty (180) consecutive days; or (b) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system,is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 2. Permanent Placement. Recreational vehicles and park trailers that do not meet the limitations in Section 6.05.09(E)(1) of this ordinance for temporary placement shall meet the requirements of Section 6.05.09(D) of this ordinance for manufactured homes. 3. Limitations on Placement on Coastal High Hazard Areas (Zone V). Temporary or 111 permanent placement of recreational vehicles shall not be permitted in coastal high hazard areas (Zone V) except in an existing recreational vehicle park. F. Tanks. 1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. 2. Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the elevation requirements of Section 6.05.09(F)(3) of this ordinance shall: (a) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation,collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood,including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. (2) Not be permitted in coastal high hazard areas (Zone V). 3. Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions III of the design flood. Tank-supporting structures shall meet the foundation require- ments of the applicable flood hazard area. St. Lucie County Land Development Code Supp. No. 23 6:60.9 Adopted May 19,2009 6.05.09 ST. LUCIE COUNTY LAND DEVELOPMENT CODE j 4. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be: (a) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (b) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. G. Other Development. 1. General Requirements for Other Development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: (a) Be located and constructed to minimize flood damage; (b) Meet the limitations of Section 6.05.09(C)(4) of this ordinance if located in a regulated floodway; (c) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (d) Be constructed of flood damage-resistant materials; and (e) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 2. Fences in Regulated Floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 6.05.09(C)(4) of this ordinance. 3. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 6.05.09(C)(4) of this ordinance. 4. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse crossings, including roads,bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 6.05.09(C)(4) of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 6.05.05(C)(3) of this ordinance. 5. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways, Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, St. Lucie County Land Development Code Supp. No. 23 6:60.10 Adopted May 19,2009 RESOURCE PROTECTION STANDARDS 6.05.09 landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: (a) Structurally independent of the foundation system of the building or structure; (b) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (c) Have a maximum slab thickness of not more than four(4)inches. 6. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following: (a) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. (b) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. (c) A deck or patio that has a vertical thickness of more than twelve(12)inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (d) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. 7. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard areas,development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority;if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses'prepared by qualified registered design professionals demonstrate no No. 23 St. Lucie County Land Development Code Supp. 6:60.11 Adopted May 19,2009 6.05.09 ST. LUCIE COUNTY LAND DEVELOPMENT CODE harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (a) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (b) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and (c) On-site sewage treatment and disposal systems defined in 64E-6.002,F.A.C.,as filled systems or mound systems. 8. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard areas: (a) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings provided the fill will wash out from storm surge, thereby rendering the building free of obstruction prior to generating excessive loading forces, ramping effects, or wave deflection. (b) Nonstructural fill with finished slopes that are steeper than one(1)unit vertical to five (5)units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures, and that the volume and distribution of fill will not cause wave deflection on adjacent buildings and structures. (c) Where authorized by the Florida Department of Environmental Protection or applicable local approval,sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineer- ing analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. (Ord. No. 18-001, Pt. A, 1-23-2018; Ord. No. 2022-18, § 2, 7-19-2022) 6.06.00. MINING 6.06.01. Restrictions, Regulations, and Conditions on Mining Permit. A. It shall be illegal to excavate or mine,as defined in Chapter II,any real property in St. Lucie County without first obtaining a mining permit for such activity, except as exempted in Section 11.05.11. St. Lucie County Land Development Code Supp. No. 23 6:60.12 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.09.02 C. Enforcement. 1. No County permits or certificates of occupancy shall be issued to any violator of this Section until the violation(s) have been properly abated to the satisfaction of the County. 2. In addition to, or in lieu of, other penalties provided by the law, appropriate mitigation may be required for violation of this Section. 7.08.05. Wastewater Reuse Standards for Sewage Treatment Plants. (Reserved). 7.09.00. LANDSCAPING AND SCREENING 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 4111 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(I) of this Code. Bona-fide agricultural uses, 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. (Ord. No. 09-007, Pt. A, 9-1-2009; Ord. No. 2022-21, Pt. A, 7-19-2022) No. 23 St. Lucie County Land Development Code Supp. 7:91 Adopted May 19,2009 7.09.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 7.09.03. General Provisions. A. Requirement for Landscaping Plan. A landscaping plan shall be required with all building permit applications associated with any new structural construction or addition to any existing structure, except for those structures that are part of a bona-fide agricultural use or operation,except as may otherwise be specifically addressed by this Code,and that as part of that operation do not involve the retail sale of materials produced on site. The landscape plans for all residential and non-residential uses developments,regardless of site plan status, including mobile home parks, single-family subdivisions; final Planned Development applications, recreational vehicle parks; and multiple-family residential uses shall be prepared,signed and sealed by a registered Florida Landscape Architect,or as may be permitted under F.S. § 481.329. Landscape plans prepared for individual detached single-family (including individual mobile homes not located in a mobile home park), two-family, three-family residences, including those within residential use developments, and bona-fide agricultural uses and operations, are exempt from the requirement for signed and sealed landscape plan, except for that portion of any bona-fide agricultural use or operation involving the retail sale of materials produced on site, and as may otherwise be required by this Code. In addition to demonstrating compliance with the other provisions of this Code, all landscaping plans must show the location of all existing and proposed utility lines and rights-of-way. The landscape plans shall indicate the relationship of the proposed landscap- ing to these utility lines and rights-of-way and shall demonstrate compliance with the other provisions of this Code. The landscape plan shall identity the type and quantity of all plant and tree species to be installed consistent with the provisions of this Code. Prior to the issuance of any certificate of occupancy or other final occupancy/use authorization, the Environmental Resources Director shall inspect and verify that the landscape plantings on the property are consistent with the approved landscaping plans. B. Installation. All landscaping shall be installed in a professional manner according to accepted planting practice with the quality of plant materials as hereinafter described and shall be irrigated by automatic means. Detached single-family(including individual mobile homes not located in a mobile home park), two-family, and three-family residences are exempt from this automatic irrigation requirement. C. Irrigation. Any new, required, automatic irrigation system installed, including those voluntarily installed for detached single-family (including individual mobile homes not located in a mobile home park),two-family,and three-family residences shall incorporate the following criteria: 1. Zoning of irrigation systems: Sprinkler heads shall be circuited or zoned in order to promote the conservation of water. { ' St. Lucie County Land Development Code Supp. No. 23 7:92 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.09.03 CI" 2. Automatic rain shut-off devices:Automatic irrigation systems shall be equipped with an automatic rain shut-off device for each zone. 3. Elimination of over-throw onto impervious surfaces: a. Sprinkler heads shall be directed away from impervious surfaces. b. The effects of wind on the spray stream shall be reduced by requiring low trajectory spray nozzles. 4. Maintenance of Irrigation Systems: Irrigation systems shall be maintained in working condition at all times, to prevent waste of irrigation water. (hmee (poi St. Lucie County Land Development Code Supp. No. 23 7:92.1 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.26 (c) It is free of rust or corrosion in the visible unpainted areas thereon; (d) The structural parts are not broken or unduly misshapen; and (e) The publications are kept dry and are not exposed to wind or precipitation. H. Abandonment. In the event a newsrack remains empty for a period of seven (7) continuous days, it shall be deemed abandoned. I. Emergency Removal. (1) Where the installation,use,or maintenance of a Newsrack,Base,or Mount poses an immediate or imminent: (i) danger to pedestrians or vehicles, (ii) health or safety hazard for pedestrians or vehicles, or(iii) otherwise unreasonable interference with the safe use of any Public Rights-of-Way or other public property, the County Administrator may have staff remove the newsrack, base, or mount immediatley. Within five (5) working days of removal, the County Administrator shall notify the distributor in writing, and provide the distributor with opportunity for an appeal according to the provisions of this section. After removal,the distributor may reclaim the newsrack upon repayment of the costs of removal, storage, and administrative expenses. If the distributor fails to reclaim within forty-five(45)days after notice of removal, the newsrack shall be deemed abandoned property and may be disposed of by the County, in the same manner as other abandoned or unclaimed property. (2) Under emergency weather conditions where a newsrack may become dangerous to persons or property, the Administrator may require that any newsrack that is not secured shall be removed by the distributor thereof. In such event, the County Administrator may give notice,by telephone,to the distributor,and shall specify the time provided for removal. Any newsrack that is not removed pursuant to notice from the Administrator may be removed by the Administrator and stored. In such event, the distributor may reclaim the newsrack upon paying the expenses incurred by the County to remove and store it,as well as any related administrative expenses. Should the distributor fail to reclaim any newsrack within forty-five (45) days after written notice of removal from the Administrator, the newsrack shall be deemed abandoned property and may be disposed of, by the County, in the same manner as other abandoned or unclaimed property. J. Appeals. A distributor may appeal a decision made by the County Administrator for emergency removal by filing a written notice of appeal with the County Administrator within seven (7) working days of the date of the rendition of the decision. The Board of County Commissioners shall review the emergency removal at a public meeting within fifteen(15)calendar days from the date of filing the appeal. The distributor shall be provided reasonable notice of the time, date and place of the public meeting. Any appeal filed pursuant to these regulations shall state succinctly the grounds upon which it is asserted 111/ that the determination should be modified or reversed,and any other papers material to the determination. No. 23 St. Lucie County Land Development Code Supp. 7:207 Adopted May 19,2009 7.10.26 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Any aggrieved parties may appeal a final decision of the Board of County Commissioners to the Circuit Court of the Nineteenth Judicial Circuit. An appeal shall be filed within thirty (30) days of the decision of the Board of County Commissioners being appealed. K. Enforcement. Beginning one hundred fifty (150) days from the effective date of Ordinance No. 05-001 and at any time thereafter,any newsrack in violation of any provision of this article shall be subject to remedy and due process under the provisions of Section 11.13.03 et. seq. of this Code pertaining to the code enforcement board. L. Rights Preserved. Nothing contained in this article shall prohibit the Commission from enforcing its ordinances by any other means. This article does not restrict the right of any person or the Commission to proceed with under either F.S. §60.05 or§832.05, against any public nuisance. 7.10.27. Reserved. Editor's note—Ord. No. 2018-006, Pt. A, adopted May 15, 2018, repealed § 7.10.27, which pertained to communications. 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 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 Generation Stations not located within an Agricultural Zoning District shall require submittal of a Major Site Plan application concurrent with a Conditional Use Permit, when required. a) In Zoning Districts in which a Major Site Plan application is required the development shall be subject to the following supplemental criteria: 1. 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. 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 St. Lucie County Land Development Code Supp. No. 23 7:208 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.28 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. 3. 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. 4. 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 compat- ibility with adjacent land uses. 5. On-site power lines shall be placed underground to the maximum extent possible. b) 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. 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 St. Lucie County Land Development Code Supp. No. 23 7:209 Adopted May 19,2009 7.10.28 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 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 7.05.07(B)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 two (2)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 St. Lucie County Land Development Code Supp. No. 23 7:210 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.29 buildings within a 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 ineffective- ness 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. (Ord. No. 10-034, Pt. A, 11-9-2010; Ord. No. 2022-21, Pt. A, 7-19-2022) 7.10.29. Pain Management Clinic. The following provisions are intended to promote the health and general welfare of the residents of St. Lucie County through the regulation of pain management clinics within unincorporated St. Lucie County. A. Pain Management Clinics shall be subject to the following: 1. Each pain management clinic shall at all times,be in compliance with each and every provision of this section,as well as all applicable federal laws,state laws, administrative rules, and county codes. 2. A pain management clinic shall be permitted only as a conditional use in the Commercial General Zoning District, as provided in Section 3.01.03(S)(7), St. Lucie County Land Development Code (LDC), and must be operated by an approved pain specialist,or as a Florida Agency for Health Care Administration (ACHA)licensed operation,under Chapter 400,Part X,Florida Statutes,and as otherwise required by Florida law. In addition to the regulations in this section, all provisions of the LDC for conditional use permits, shall apply. St. Lucie County Land Development Code Supp. No. 23 7:211 Adopted May 19,2009 7.10.29 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 0 3. In the event the owner or operator of a state licensed or designated pain management clinic has such license or designation revoked by the Florida Board of Medicine,the Florida Board of Osteopathic Medicine or by ACHA,any conditional use permit granted for a pain management clinic shall simultane- ously be revoked, and shall thereafter be null and void. 4. A change in ownership of a pain management clinic shall require a major adjustment to the conditional use permit authorizing the use. 5. Location. Any new pain management clinic shall only be located in the CG (Commercial,General)Zoning District,subject to the other requirements of this section and all applicable federal, state, local and other agency provisions. B. Distance requirements. The following distances shall be measured by straight line measurement without regard to intervening buildings from the nearest point of the building or unit within a building in which the proposed clinic is to be located to the nearest point of the lot, use,or right-of-way line from which the proposed clinic is to be separated. 1. No pain management clinic shall commence operation within 500 feet of any other pain management clinic. 2. No pain management clinic shall commence operation within 500 feet of a pharmacy, unless such pharmacy shall have pre-dated the pain management clinic by at least one (1)year. 3. No pain management clinic shall be located within 1,000 feet of real property comprising a residence,child care facility,public or private elementary, middle, or secondary school,park,community center or public recreation facility,church or religious facility. 1 0 1 St. Lucie County Land Development Code Supp. No. 23 7:212 Adopted May 19,2009 11 [The next page is 7:233] CODE COMPARATIVE TABLE (41111swe Ordinance Adoption Section Number Date Section this Code 20-007 8-18-2020 Pt. A Added 8.02.02.L 2020-8 3- 3-2020 Pt. A 3.01.03.Q 2020-12 6- 2-2020 Pt. A 4.03.03-4.03.05 2020-14 6- 2-2020 Pt. A 7.10.22 2020-22 8- 4-2020 Pt. A 2.00.00 3.01.03 Added 7.10.35, 8.00.03.M 2020-23 8- 4-2020 Pt. A 7.04.01 2020-026 10- 6-2020 Pt. D 7.10.03 2020-28 10-20-2020 Pt. A 3.01.03.EE, 4.04.04.F 2020-29 12- 1-2020 Pt. A 2.00.00, 9.01.01, 9.03.00.H 2021-009 4- 6-2021 Pt. A 11.02.02, 11.02.05 2021-012 4-20-2021 Pt. A 7.10.12 2021-14 6- 1-2021 Pt. A 2.00.00 7.02.03 7.03.03.K 7.06.01-7.06.03 7.09.04.E 7.10.18.J 7.10.23.G 11.02.02, 11.02.03 2021-18 7- 6-2021 Pt. A 7.10.16.Q 21-030 9- 7-2021 2 6.03.06, 6.03.07 3 6.04.01.I 4 11.05.09.D, 11.05.12.D 5 11.11.01 6 11.13.01, 11.13.03 7 12.00.00.K 8 12.01.01, 12.04.01.0 9 13.08-13.08.03 2021-39 11-16-2021 Pt. A 7.05.04 2022-2 2- 1-2022 Pt. D 7.04.01.D.3 2022-11 6- 7-2022 Pt. A 3.01.03.Q.7.d 2022-12 6- 7-2022 Pt. A Added 3.01.03.C.7.q Pt. B Added 7.10.36 2022-13 6- 7-2022 Pt. A 7.05.07.B.1 7.10.23.G.2 2022-18 7-19-2022 2 2.00.00 (wel 3 6.05.09 St. Lucie County Land Development Code Supp. No. 23 CCT:5 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Ordinance Adoption Section Number Date Section this Code 2022-21 7-19-2022 Pt. A 2.00.00 3.01.03 4.03.05 7.09.02, 7.10.28 3 ,,..) St. Lucie County Land Development Code Supp. No. 23 CCT:6 Adopted May 19,2009