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Home My WebLink About23-007 ORDINANCE NO. 2023-7 FILE NO.: TLDC-2303-000022 AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 2.00.00, DEFINITIONS, TO ADD THE TERM FENCE AND THE TERM WALL; AMENDING SECTION 8.00.04 TO ADDRESS AND CLARIFY PROVISIONS' FOR FENCES, WALLS, BERMS AND HEDGES, ADDRESSING CONSTRUCTION MATERIALS, ALLOWING FOR AND PROVIDING ADDITIONAL HEIGHT FOR COLUMNS, GATES AND DECORATIVE FEATURES,ALLOWING FOR ADDITIONAL HEIGHT FOR (-5 FENCING ON A RESIDENTIAL PROPERTY ADJACENT TO PUBLIC USE a g OR PUBLIC FACILITY, PROVIDING FOR PERMIT EXEMPTIONS FOR o1,9 AGRICULTURAL PROPERTIES; CLARIFYING THAT A FENCE OR 1,1 o WALL IS CONSIDERED AN ACCESSORY USE AND THAT A FENCE, W 4, WALL OR HEDGE SHALL NOT INTERFERE WITH DRAINAGE; o o a PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR 2 W§17, APPLICABILITY AND SEVERABILITY; AND PROVIDING FOR FILING J J g WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE =Z W 2 a DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR E N E o ADOPTION. WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County Government, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County's citizens; and WHEREAS, on August 1, 1990, the Board of County Commissioners adopted the St. Lucie County Land Development Code; and WHEREAS, the Board of County Commissioners 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 WHEREAS, the Board of County Commissioners 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 WHEREAS,on April 20, 2023, the Planning and Zoning Commission held a public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on April 2, 2023. The Planning and Zoning Commission recommended to the Board to approve the proposed text amendment to the St. Lucie County Land Development Code; and Page 1 of 5 WHEREAS, on May 2, 2023, the Board of County Commissioners held its first public hearing on the proposed ordinance,after publishing due notice in the St.Lucie News Tribune on April 20, 2023;and WHEREAS, on May 16, 2023, the Board of County Commissioners held its second Public Hearing on the proposed ordinance,after publishing due notice in the St. Lucie News Tribune on May 5, 2023; and WHEREAS,the Board has determined that the proposed amendments to the St.Lucie County Land Development Code are consistent with the general purpose, goals, objectives, and standards of the County's Comprehensive Plan,and are in the best interest of the health,safety,and public welfare of the citizens of the County. NOW, THEREFORE, BE IT ORDAINED by the St. Lucie County Board of County Commissioners that the St. Lucie County Land Development is amended as set forth in the following amendments,as shown in strip and underline format in Section 2. SECTION 1. RATIFICATION OF RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Ordinance. SECTION 2.This ordinance specifically amends St. Lucie County Land Development Code, as follows: Words in strike-tgh type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks(***)indicate existing text not shown. Section 2.00.00.-DEFINITIONS Fence: An artificial structure of material or combination of materials serving as an enclosure,barrier or boundary,usually made of posts,boards,wire or rails. * * * * * Wall: An upright structure of masonry,wood,plaster or other building material which is constructed on a supporting structure, such as a footer, serving to enclose, divide or protect an area and not intended to create a covered and habitable area. * * * * * Section 8.00.04. Fences,Walls, Berms and Hedges. The requirements of this section are minimum requirements and shall not be construed to supersede any fence requirements in state law,such as specific requirements for fencing and barriers around swimming pools. Fences, walls,and hedges are permitted,as follows: A. Fences, gates, and walls shall comply with industry standards along with governing rules and regulations,including the Florida Building Code,as applicable;shall require the proper permits prior to construction;and shall be constructed in accordance with the reviewed plans and permit. Fences, gates, and walls must be constructed of conventional and traditional materials, Page 2 of 5 including, but not limited to,termite-resistant species of wood or wood treated to resist rot and termites,concrete, stone,brick, aluminum, iron, steel,chain link,PVC, or composite products. Fences and walls shall be constructed in a workmanlike manner and shall be of sound and sturdy construction. All fences and walls shall be maintained in a safe and sound manner and free of graffiti. B. In any residential zoning district, a fence, wall or landscape berm may shall be designed and located as follows: 1. In i t any required front yard,provided-that the fence,wall or landscape berm shall dees not exceed a maximum height of four (4) feet above the elevation of the centerline of the roadway adjacent to the property on which the fence,wall or landscape berm is located.The following standards are also applicable: a. Columns are allowed, including decorative features,caps and finials,when integrated into a fence or wall, and may exceed the permitted height by a maximum of one (1) foot. Columns which exceed permitted height shall be not more than three(3) feet in width and shall be spaced at least six(6)feet apart. b. Entry features, such as columns and gates, located contiguous to and on both sides of the main access (driveway)may be permitted up to six(6) feet in height,provided an obstruction to cross-visibility is not created. Access gates on the driveway shall be located a minimum of 22ft. from the edge of the roadway. c. Two(2) individual column entrance features on the side of the pedestrian walkway or gate may be permitted at a maximum height of five (5) feet, provided an obstruction to cross-visibility is not created. 2. In any other required yard, a A fence, wall or landscape berm is allowed at a maximum height of six(6) feet in-height above the elevation of the centerline of the roadway adjacent to the property, except that: a.-1, If a residential lot adjoins a non-residentially zoned lot,fence height may be increased to a maximum of eight(8)feet along the adjoining lot lines. b.2, If the rear or side lot line of a residential lot lot's rear er side let lines) adjoins a street right-of-way, the fence, wall or landscape berm height may be increased to a maximum of eight (8) feet along the street right-of-way, as depicted in Figure 8-1 below,provided that no other provision of this Code is violated. 3. When it is necessary for safety or security purposes for a public use or public facility, the Planning and Development Services Director may authorize a fence of up to six (6) feet in height in any required yard,with the exception of across the front property line contiguous to a street right-of-way. In no event shall the fence be permitted to create a traffic hazard or obstruct cross-visibility along a right-of-way and/or at intersections. 4. Fences that are constructed, in whole or in part, of cattle wire, chicken wire, razor wire or barbed wire or similar materials are not permitted within the RE-1,RE-2,RS-2,RS-3, RS- 4,RMH-5,RM-5,RM-7,RM-9,RM-11,RM-15 and HIRD zoning districts.Nontraditional materials, including, but not limited to tires, mufflers, hubcaps, or broken glass are prohibited. CB. In non-residential zoning districts, a fence, a maximum of eight (8) feet in height, may be located anywhere on the lot. In no event shall the fence be permitted to create a traffic hazard or obstruct cross-visibility along a right-of-way and/or at intersections. Page 3 of 5 DG. Hedges of any height may be located within any required front, rear or side yard provided that any hedge located at the intersection of two (2) streets shall comply with the cross-visibility provisions of Section 7.09.04(D)cede. E. A permit shall not be required for split-rail fencing and post-and-rail fencing within the Agricultural Residential (AR-1), Agricultural-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts, at a maximum height not to exceed six (6) feet above the elevation of the centerline of the roadway adjacent to the property on which the fence is located: however, the fence is subject to floodplain management regulations. The property owner is responsible for ensuring the location of the fence is wholly on their property and that the fence does not create an obstruction to cross-visibility. F. A permit shall not be required for a fence located on a property used for bona fide agricultural purposes,classified as agricultural land pursuant to Section 193.461,F.S. The fence is exempt from the Florida Building Code; however, the fence is subject to floodplain management regulations. The property owner is responsible for ensuring the location of the fence is wholly on their property and that the fence does not create an obstruction to cross-visibility. A barbed wire fence and electrically charged fence may be constructed subject to the requirements of applicable State and Federal laws and regulations. G. Fencing or walling of vacant properties shall not be permitted. A fence or wall is an accessory structure, as defined in Section 2.00.00. As provided in Section 8.00.01, accessory structures and uses are permitted only in connection with any principal lawfully existing permitted use or conditional use. H. No fence, wall or hedge shall be constructed or installed in such a manner as to interfere with drainage on or adjacent to the property. Fences and walls in regulated floodways that have the potential to block the passage of floodwaters shall meet the limitations of Section 6.05.09(C)(4). FIGURE 8-1 IN A RESIDENTIALZONING DISTRICT.THE MAXIMUM HEIGHT OF ANY FENCE WPLLOR HEDGE IN THE REQUIRED FRONT YARD SHALL NOT EXCEED FOUR FEET STREET RIGHT-OF WAY FRONT YARD (REQUIRED MINIMUM DEPTH) SIDE YARD SIDE YAI REAR YARD SIS INA RESDENTIALZONNG DISTRICT.THE MAXIMUM HEIGHT OF ANY FENCE.WALL OR HEDGE THAT IS NOT LOCATED IN THE REQUIRED FRONT YARD.SHALL BE SIX(6)FEET. EXCEPT WHERE.THE RESIDENTIAL PROPERTY UNE IS ADJACENT TO NONRESIDENTAL PROPERTY.OR AN ADJACENT STREET RIGHT.OF.WAY.THE MAXIMUM HEIGHT OF ANY FENCE.WALL OR HEDGE LOCATED OUTSIDE OF A REQUIRED FRONT YARD MAYBE EIGHT(8)FEET. Page 4 of 5 SECTION 3. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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. SECTION 4. SEVERABILITY AND APPLICABILITY. 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. SECTION 5. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Department of State. SECTION 6.EFFECTIVE DATE.A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon filing with the Department of State. SECTION 7. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance"may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re- lettered to accomplish such intention. SECTION 8. 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 PASSED AND DULY ADOPTED this 16th day of May, 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY,FLORIDA BY: ak.U1A...X14.440 Deputy Clerk OJT COM�'s C r • gAPPROVED AS TO FORM AND r., CORRECT ` , SS: w c°VNtY,FL.oW IBY: �„ak County or y Page 5 of 5 RON DESANTIS CORD BYRD Governor Secretary of State May 23, 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. 2023-7, which was filed in this office on May 22, 2023. Sincerely, Anya Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270