HomeMy WebLinkAbout23-005 ORDINANCE No. 2023-05
File No. TLDC - 2212-000019
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE, BY AMENDING SECTION 2.00.00, DEFINITIONS TO
ADD THE TERM BONA FIDE AGRICULTURAL USE AND TO CLARIFY THE
e o TERM SOLAR GENERATION STATION; BY AMENDING SUBSECTION
5 ° 7.10.28. TO ADDRESS MINIMUM ROAD FRONTAGE REQUIREMENTS FOR
a
SOLAR GENERATION STATIONS IN THE AG-1, AG-2.5 OR AG-5 ZONING
o DISTRICTS AND TO CLARIFY THE TYPE OF SOLAR ENERGY SYSTEMS
N.
o DISCUSSED IN THIS SUBSECTION; BY AMENDING SECTION 11.03.01.
w PLATTING REQUIREMENTS, TO CLARIFY AND UPDATE THE PLATTING
J N O
PROCESS AND ADD EXCEPTIONS TO PLATTING REQUIREMENTS FOR
uu,,1-o08
0 o a SOLAR GENERATION STATIONS; AND AMENDING TABLE 7-10 TO ADD
W M 64 FOOTNOTE "N" ADDRESSING FRONTAGE REQUIREMENTS FOR SOLAR
W" z- GENERATION STATIONS IN THE AG-1 AG-2.5 OR AG-5 ZONING DISTRICTS
J( Y
J J N
Z w m o AND TO CLARIFY THE ZONING DISTRICTS IN WHICH NO RESIDENTIAL
E N u.o ix DENSITY IS ALLOWED; PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING
AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR
CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including not limited to the staff report, has made the following
determinations:
1. On August 1. 1990. the Board of County Commissioners of St. Lucie County, Florida,
adopted the St. Lucie County Land Development Code; and.
2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish,
coordinate and enforce zoning and such business regulations as are necessary for the
protection of the public: and,
3. This Board is authorized by Section 125.01(1)(t), Florida Statues. to adopt ordinances
and resolutions necessary for the exercise of its powers and to prescribe fines and
penalties for the violations of ordinances in accordance with law: and,
4. The Florida Legislature adopted Chapter 2021-178. Laws of Florida, creating Section
163.3205 , Florida Statute, to encourage renewable solar electrical generation and to
specify the solar facility approval process including that a solar facility shall be a permitted
use in all agricultural land use categories in a local government comprehensive plan and
all agricultural zoning districts within an unincorporated area; and,
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5. On February 16, 2023, the Planning and Zoning Commission, held a public hearing on
the proposed ordinance after publishing due notice in the St. Lucie News Tribune and
recommended that the proposed Ordinance be forwarded with a recommendation for
approval; and,
6. On March 7, 2023, this Board held a public hearing on the proposed ordinance, after
publishing due notice in the St. Lucie News Tribune; and,
7. On March 21, 2023, this Board held a public hearing on the proposed ordinance, after
publishing due notice in the St. Lucie News Tribune; and
8. The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, objectives, and standards of the St. Lucie
County Comprehensive Plan, are internally consistent with the remainder of the Land
Development Code and are in the best interest of the health, safety, and public welfare
of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
PART A. The specific amendments to the St. Lucie County Land Development Code to read
as follows in strike through and underline format:
CHAPTER II
DEFINITIONS
2.00.00. - DEFINITIONS
Unless otherwise expressly stated, the following words and terms shall, for the purposes of
this ordinance, have the meanings shown in this section. Where terms are not defined in this
ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code. Where terms are not defined in this ordinance or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the context
implies:
Bona fide agricultural use: For purposes of this Code, bona fide agricultural use means
farm operations as defined in the Florida Right to Farm Act. Section 823.14.F.S., on
with a valid agricultural classification pursuant to Section 193.461. F.S.
Solar Generation Station: An energy generation facility comprised of one (1) or more
freestanding, ground mounted E devices that capture solar
energy convert it to electrical energy store energy. or delivers energy to a
Mission system for use in locations other than where it is generated. Solar
generation stations typically utilize photovoltaic solar cells, but can also be
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combinations of light reflectors, concentrators, and heat exchangers. A sSolar
gGeneration sStation is also known as a solar facilityl solar plant, solar generation
plant, solar farm, solar power plant, battery storage plant, energy storage plant or
solar thermal power plant. Ground mounted solar devices that capture solar energy
(panels) shall not count towards maximum lot coverage.
CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
7.10.00. — SUPPLEMENTAL STANDARDS
7.10.28. Solar Energy.
The following provisions are intended to facilitate the commercial generation and distribution
of solar power and the use of on- site solar energy systems to meet the energy demands of
buildings and support facilities in the unincorporated County. All Solar equipment and devices
shall comply with Florida Statutes and, if applicable, shall be certificated by the Florida Solar
Energy Commission.
A. Solar Generation Station. In addition to other applicable sections of this Code, a sSolar
,generation sStation 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:
I. Physical access to a sSolar gGeneration sStation 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/or buffers. Any environmental impacts from such
devices, or any component of a-sSolar gGeneration sStation, shall only be
allowed in compliance with the provisions of the County's Comprehensive
Plan and Land Development Code.
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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 sSolar gGeneration tation sites must comply with the landscaping and
screening requirements of the Land Development Code. The perimeter
buffer landscaping requirements may be waived by the Board of County
Commissioners, if it is shown to the satisfaction of the Commission that the
adjoining property owners have no objection to the landscaping waiver.
Interior vehicular use area landscaping requirements may be waived by the
Commission, to the extent necessary to ensure optimal solar access. The
Board of County Commissioners may require additional landscaping to
enhance compatibility with adjacent land uses.
5. On -site power lines shall be placed underground to the maximum extent
possible.
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 sSolar gGeneration sStation 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/or buffers: Any environmental impacts from such
devices, or any component of a-sSolar gGeneration sStation, 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 25ft. setback, whichever is less.
4. Perimeter buffers and landscaping requirements are only required for
property line&that are directly adjacent to established residential uses and
which are not separated by a public right-of-way or South Florida Water
Management District Canal. When a Solar Generation Station is adjacent to
a non-agricultural zoning district the buffer and landscape requirements for
the underlying agricultural zoning district shall apply. The perimeter buffer
landscaping requirements may be waived by the Board of County
Commissioners, if it is shown to the satisfaction of the Commission that the
adjoining property owners from the nonagricultural zoning district property
have no objection to the landscaping requirement being waived.
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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
gGeneration sStation that utilize unpaved public or private roads and
roadways for access.
7. The minimum frontage requirement for a Solar Generation Station in the
AG-5 AG-2.5 or AG-1 I Zoning District is zero 0 feetprovided legal and
sufficient ingress and egress to the facility is demonstrated to the
satisfaction of the County Attorney, the County Engineer and the Planning
and Development Services Director. Where such access to a Solar
Generation Station site relies upon an easement easements or any interest
in land that is less than fee simple ownership, the Final Development Order
granting Minor Site Plan approval and the Site Plan shall identify the Book
and Page where such easement or other right of access is recorded in the
Official Records of St. Lucie County. The Development Order and the Site
Plan shall contain the following statement:
"NEITHER ST. LUCIE COUNTY NOR ANY OTHER
GOVERNMENTAL OR PUBLIC AGENCY IS RESPONSIBLE
FOR THE MAINTENANCE UPKEEP OR IMPROVEMENT OF
ANY PRIVATE DRIVES ROADS STREETS EASEMENTS
OR RIGHTS -OF -WAY PROVIDING INGRESS AND EGRESS
OR DRAINAGE SERVICE TO THE PROPERTY THAT IS THE
SUBJECT OF THIS DEVELOPMENT ORDER."
B. Accessory and Other Non-Utilit Solar Energy Systems. In addition to other applicable
sections of this Code, accessory solar and other non -utility solar energy systems shall
be subject to the following provisions:
1. All solar panels and devices are considered structures and subject to the
requirements from the Land Development Code, together with all other applicable
buildiRg codes and ordinances, unless otherwise provided for in this Code. Solar
panels installed on roofs are exempt from the building height requirements. Solar
panels installed on rooftops shall be located three (3) 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.
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4. Solar energy systems shall not be located in front or side corner yards of any parcel,
unless the following are met:
4 a) the conditions of the side and back yards prohibit the installation of a system,
and
2 b) the lot is one (1) acre or greater, and
3 c) adequate buffering along the adjacent roadway is provided, and
4 d) the location is approved by the Director of Planning and Development
Services.
5. Solar ground and pole mounted systems less than six ( 6) feet in height may
encroach into the side and rear setback area, but in no case shall the system be
located closer than five ( 5) feet from the property line. Where the system is higher
than six (6) feet in height the setback requirements of the zoning district shall apply.
6. Solar collectors may be co -located on communication towers, and parking lot and
street light poles, in which case the height and setback requirements for said
tower/pole shall apply.
7. All new exterior electrical lines and utility wires connecting a ground or pole
mounted solar system to the building it serves shall be buried underground.
8. The Board of County Commissioners may allow for a modification of these
accessory use provisions when the proposed solar energy system will serve
buildings within a 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 Ssubsection have the effect of
prohibiting or precluding the installation of a solar energy system, the applicant shall
have the right to apply for a waiver from these provisions to the Director of Planning
and Development Services or designee. The Director may grant a waiver upon
determining that strict application of the Code would result in prohibiting the
installation of a solar energy system.
10. Landscape Waiver. The Environmental Resources Director may waive the
landscaping requirements of the Land Development Code to the extent necessary
to ensure optimal solar access.
11. Any approval of a solar energy system does not create any actual or inferred solar
energy system easement against adjacent property and/ or structures. The owner
and/or property owner of a solar energy system shall not infer or claim any rights to
protective writs to any caused shadows or operating ineffectiveness against future
development adjacent to or higher than the property location of the solar energy
system. The approval of any solar energy system granted by St. Lucie County shall
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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.
************************
CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
7.04.00. - AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS
7.04.01. - Requirements.
************************
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TABLE 7-10
LOT SIZE AND DIMENSIONAL REQUIREMENTS
Maximum
Gross Density
(Du/Ac)(a)
Minimum
Lot Area
Minimum
Lot Width
Minimum
Road
Frontage
Minimum Yard
Max. }IkE.
Bldg HRt
Max. Lot
Coverage by
Buildings
Front
Rear
Side
Side @
corner
AR-1
AGRICULTURAL RESIDENTIAL
1
43,560
150
30
50
30
20
30
35
20%
RE-1
RESIDENTIAL, ESTATE - 1
1
43,560
150
30
50
30(g)
20
30
35
20%
RE-2
RESIDENTIAL, ESTATE-2
2
17,500
100
100
25(I)
15(I)
10(I)
20(I)
35
20%
25-2
RESIDENTIAL, SINGLE-FAMILY - 2
2
15,000
100
30
25(I)
15(g)(1)
10(I)
20(I)
35
20%
RS-3
RESIDENTIAL, SINGLE-FAMILY - 3
3
10,000
75
30
25(I)
15(g)(1)
10(1)
20(I)
35
30%
RS-4
RESIDENTIAL, SINGLE-FAMILY -4
4
10,000
75
30
25(1)
15(g)(1)
7.5(I)
20(I)
35
30%
RMH-5
RESIDENTIAL, MOBILE HOME - 5
5
10,000
75
30
25(I)
15(I)
10(I)
20(1)
35
35%
RM-5
RESIDENTIAL, MULTIPLE FAMILY- 5
5
MULTIPLE FAMILY
10,000
100
60
25(b)(1)
15(b)(1)
10(b)(1)
20(b)(1)
35(b,i)
40%
SINGLE-FAMILY DEVELOPMENT LOT
10,000
75
30
25(I)
15(g)(1)
7.5(I)
20(I)
35
30%
SINGLE-FAMILY DEVELOPMENT LOT
8,000(f)
75
30
25(I)
15(g)(1)
7.5(I)
20(I)
35
30%
RM-7
RESIDENTIAL, MULTIPLE FAMILY - 7
7
MULTIPLE FAMILY
10,000
100
60
25(b)(1)
15(b)(1)
10(b)(1)
20(b)(1)
35(b,i)
40%
SINGLE-FAMILY DEVELOPMENT LOT
10,000
75
30
25(I)
15(g)(1)
7.5(1)
20(I)
35
30%
SINGLE-FAMILY DEVELOPMENT LOT
8,000(f)
75
30
25(I)
15(g)(1)
7.5(1)
20(I)
35
30%
RM-9
RESIDENTIAL, MULTIPLE FAMILY-9
9
MULTIPLE FAMILY
10,000
100
60
25(b)(1)
15(b)(1)
10(b)(1)
20(b)(1)
35(b,i)
40%
SINGLE-FAMILY DEVELOPMENT LOT
10,000
75
30
25(I)
15(g)(1)
7.5(I)
20(I)
35
30%
SINGLE-FAMILY DEVELOPMENT LOT
8,000(f)
75
30
25(I)
15(g)(1)
7.5(I)
20(1)
35
30%
RM-11
RESIDENTIAL, MULTIPLE FAMILY- 11
11
MULTIPLE FAMILY
10,000
100
60
25(b)(1)
15(b)(1)
10(b)(1)
20(b)(1)
35(b,i)
40%
SINGLE-FAMILY DEVELOPMENT LOT
10,000
75
30
25(I)
15(g)(1)
7.5(I)
20(I)
35
30%
SINGLE-FAMILY DEVELOPMENT LOT
8,000(f)
75
30
25(1)
15(g)(1)
7.5(1)
20(I)
35
30%
RM-15
RESIDENTIAL, MULTIPLE FAMILY- 15
15
FINAL DRAFT
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TABLE 7-10
LOT SIZE AND DIMENSIONAL REQUIREMENTS
Maximum
Gross Density
(Du/Ac)(a)
Minimum
Lot Area
Min
Lot imum Width
Minimum
Road
Frontage
Minimum Yard
Max.l�kf.
Bldg Hgt
Max. Lot
Coverage by
Buildings
Front
Rear
Side
Side @
corner
MULTIPLE FAMILY
10,000
100
60
25(b)(1)
15(b)(1)
10(b)(1)
20(b)(1)
35(b,l)
40%
SINGLE-FAMILY DEVELOPMENT LOT
10,000
75
30
25(1)
15(g)(1)
7.5(1)
20(1)
35
30%
SINGLE-FAMILY DEVELOPMENT LOT
8,000(f)
75
30
25(I)
15(g)(1)
7.5(1)
20(1)
35
30%
CN
COMMERCIAL NEIGHBORHOOD
0
10,000
75
60
25
20
10
20
35
50%
CO
COMMERCIAL OFFICE
0
10,000
75
60
25
20
10
20
35
50%
CG
COMMERCIAL GENERAL
(d)
20,000
100
60
25(b)
20(b)
10(b)
20(b)
60(b,l)
50%
CR
COMMERCIAL RESORT
(m)
217,800
100
60
25(b)
20(b)
10(b)
20(b)
60(b,i)
30%
IL
INDUSTRIAL LIGHT
0
20,000
100
60
25
20
10
20
50(i)
50%
IH
INDUSTRIAL HEAVY
0
43,560
200
60
50
40
30
50
80(I)
50%
IX
INDUSTRIAL EXTRACTION
0
435,600
(c)
(c)
(c)
(c)
(c)
(c)
(c,i)
(c)
U
UTILITIES
0
43,560
200
60
40
30
20
20
40
30%
AG-1
AGRICULTURAL- 1
1
43,560
150
60 u
50
30
20
30
80(i)
20% (j)
AG-2.5
AGRICULTURAL - 2.5
0.4
108,900
150
60 u
50
30
20
30
80(i)
15% (j)
AG-5
AGRICULTURAL - 5
0.2
217,800
150
60 u
50
30
20
30
80(i)
10% (j)
R/C
RESIDENTIAL/ CONSERVATION
0.2
217,800
150
60
50
30
20
30
80(i)
2%
Cpub
CONSERVATION - Public
0
(k)
(k)
(k)
50
30
20
30
(k)
(k)
I
INSTITUTIONAL
0
20,000
100
60
25
20
20
1 20
40(e,i)
30%
RF
RELIGIOUS FACILITIES
0
20,000
100
60
25
20
20
20
40(1)
30%
PUD
PLANNED UNIT DEVELOPMENT
SEE SECTION 7.01.03
PNRD
PLANNED NON-RESIDENTIAL
DEVELOPMENT
SEE SECTION 7.02.03
PMUD
PLANNED MIXED USE DEVELOPMENT
SEE SECTION 7.03.03
HIRD
HUTCHINSON ISLAND
RESIDENTIAL DISTRICT
SEE SECTION 3.01.03(AA) (b), (d), (i)
FINAL DRAFT
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TABLE 7-10
LOT SIZE AND DIMENSIONAL REQUIREMENTS
Maximum
Minimum
Minimum Yard
Max. Lot
Gross Density
Minimum
Minimum
Road
Max. 44t
Coverage by
(Du/Ac)(a)
Lot Area
Lot Width
Frontage
Front
Rear Side
Side @
Bldg Het
Buildings
corner
NOTES
(a) Expressed as dwellings/per acre.
(i) For any development activity on Hutchinson Island, refer to Section 4.01.00, Hutchinson Island
- Building Height Overlay Zone.
(b) For three (3) or more dwelling units, motel, or hotel uses, use the building spacing formula (j) For aquaculture production activities, the maximum percentage of lot coverage by building is
identified in Section 7.04.03. fifty percent (50%). All buildings are subject to meeting the applicable stormwater
management standards and requirements of this code. For the purpose of this section,
aquaculture means the cultivation of aquatic organism and aquacultural products as defined in
F.S. Ch. 597.0015.
(c) For Industrial extraction uses, refer to Mining Regulations, Section 6.06.00. (k) There shall be no minimum lotsize required forthe Cpub zoning district, however the minimum
yard setback for any structures erected on any site zoned Cpub shall be as identified.
(d) Maximum net density of thirty-six (36) guest units/acre, except for North and South Hutchinson (1) For accessible handicap ramps the required yard setback may be reduced to fifty percent (50%)
Island. For hotel/motel development density on North and South Hutchinson Island refer to of the minimum setback requirement. The accessible handicap ramp permitted under this
Policy 1.1.10.2 of the St. Lucie County Comprehensive Plan. amendment shall not have a roof or be enclosed and shall not provide for a deck or landing
larger than is necessary to be in compliance with the Florida Accessibility Code for Building
Construction. A Physician's Certification Form and proper Building Permit Application
documentation is required.
(e) All structures in excess of forty (40) feet shall comply with the provision of Section 7.04.03.
(f) With central water.
(g) For enclosed storage structures, greenhouses, child's playhouse and gazebos, this dimension
may be reduced to five (5) feet.
(h) Ten thousand (10,000) square foot lots permitted when use limitations consistent with the CN
and CO zoning districts (see Section 3.01.03(Q) and (R).
FINAL DRAFT
(m) Maximum hotel/motel density of thirty-six (36) guest units/acre. For hotel/motel projects
containing condominium hotel units (as defined in the Land Development Code) the total
number of hotel/motel units of any kind (including condominium hotel units) may not exceed
36 units per acre.
ll For Solar Generation Stations, see Section 7.10.28 A.1.(b47,
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CHAPTER XI
ADMINISTRATION AND ENFORCEMENT
11.03.00. PROCEDURE FOR PLATTING
11.03.01. Platting Requirements.
A. Generally. Where a proposed Minor Site Plan, Major Site Plan, or Planned Development
includes the subdivision of land, a condition of the Final Development Order shall be
approval by the Board of County Commissioners of a plat conforming to the site plan and
the provisions of this Section. The plat requirements of this Section require review and
approval of construction plans, a preliminary record plat and a final record plat.
B. Exceptions to Platting. The only exceptions to this the platting requirements of this chapter
are set forth in this subsection:
1. If the application for a building permit is for the development of a single-family dwelling
unit or duplex on a Lot of Record as of August 1, 1990; or,
2. If the application for building permit is for the development on a multi -family or non-
residential parcel which is less than five (5) acres in size on a Lot of Record as of August
1, 1990; or,
3. The IDdivision or redivision of land into parcels of not less than 20 acres each1 for a
bona fide agricultural use, where no new streets or easements of access are planned
to be dedicated to and accepted by the public. Deeds and other conveyances shall
include, in red, ten -point type, the following statement:
"NEITHER ST. LUCIE COUNTY NOR ANY OTHER GOVERNMENTAL
OR PUBLIC AGENCY IS RESPONSIBLE FOR THE MAINTENANCE,
UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS,
STREETS, EASEMENTS, OR RIGHTS -OF -WAY PROVIDING
INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE
PROPERTY HEREIN CONVEYED.",or,
4. The division or redivision of platted or un-platted land in the AG-5. AG-2.5 or AG-1
zoning districts for the purpose of developing and operating a Solar Generation Station
for which a Site Plan has been approved in accordance with LDC 7.10.28. and where
no new streets or easements of access are planned to be dedicated to and accepted
by the public. Deeds and other conveyances shall include in red. ten point type, the
following statement:
" NEITHER ST. LUCIE COUNTY NOR ANY OTHER GOVERNMENTAL
OR PUBLIC AGENCY IS RESPONSIBLE FOR THE MAINTENANCE.
UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES ROADS
STREETS. EASEMENTS, OR RIGHTS -OF -WAY PROVIDING
INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE
PROPERTY HEREIN CONVEYED." ,,or,
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5. 4. The conveyance of land to a federal, state, county, or municipal governmental
agency, entity, political subdivision, or a public utility as defined herein.
C. Dry Model Construction. The Board of County Commissioners shall by agreement, allow a
building permit(s) for a maximum of four (4) residential units to be issued after approval of
a Preliminary Record Plat and construction plans but before approval of a Final Record
Plat, provided no certificate of occupancy is issued prior to recordation of the Final Plat.
D. Requirements for Geodetic Control. A minimum of two boundary monuments for all plats
shall be tied by a closed field traverse to the nearest approved St. Lucie County Geodetic
Control Station and Azimuth Mark, or to other control points established by a Global
Positioning System (GPS), or any St. Lucie County Traverse Stations, or any horizontal
Control Stations which are listed with the National Geodetic Survey. Field traverse from the
Plat Boundary to the control stations shall meet the minimum closure standards specified
within Chapter 61 G17-6, Florida Administrative Code. Copies of all field notes of the
geodetic tie in and traverse closure shall be submitted with all preliminary plat submittals.
E. Requirements for Digital Plat Submissions. Prior to the recording of any final plat consisting
of 10 or more lots, a CAD file in a DWG or DXF format shall be provided to St. Lucie County
showing all final plat survey data. The purpose of this CAD file is to facilitate direct updates
to the County's Geographic Information System (GIS). The coordinate positions within this
file should be rotated and translated to North American Datum of 1983/adjustment of 1990
(NAD 83/90), State Plane Coordinates, Florida East Zone. Conversion of ground distance
to grid distance will not be required.
Proposed plats of less than ten (10) lots shall not be required to submit a digital copy of the
final record plat, except that where available, the submission of this material is encouraged.
PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable
only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions,
or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the
extent of such conflict.
PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared
to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions
of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to
any person, property, or circumstance, such holding shall not affect its applicability to any other
person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the
unincorporated area of St. Lucie County.
Ordinance 23-05
Page 12 of 13
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PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed
forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and
Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department
of State.
PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows:
Cathy Townsend, Chair
AYE
Linda Bartz, Vice Chair
AYE
Chris Dzadovsky, Commissioner
AYE
Jamie Fowler, Commissioner
AYE
Larry Leet, Commissioner
AYE
PART H. CODIFICATION. Provisions of this Ordinance shall be incorporated in the St.
Lucie County Code and Complied Laws, and the word "Ordinance" may be changed to
"Section", "Article", or other appropriate word, and the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; provided, however, that Parts B through
H shall not be codified.
PASSED AND DULY ENACTED this 21st day of March, 2023.
BOARD OF COUNTY COMMISSIONERS
ATTEST ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk vOJ , - I��' Chair
c � y APPROVED AS TO FOR
M AND
'�co�kTY Fwa�o� CORRECTN SS:
BY
County Attorn"//
Ordinance 23-05
Page 13 of 13
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RON DESANTIS
Governor
CORD BYRD
Secretary of State
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
March 30, 2023
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982
Attn: Vera Smith
Dear Michelle Miller,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the St. Lucie County Ordinance No. 2023-05, which was filed in this office on March
29, 2023.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh