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Home My WebLink About23-017 ORDINANCE NO. 2023-17 I- FILE NO.: TLDC-2308-000026 O o AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. p. • o LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 7.10.03, ANIMALS IN RESIDENTIAL ZONING DISTRICTS, i ALLOWING FOR THE ADDITION OF A VEGETATED VISUAL BARRIER uo . TO SERVE AS AN OPTION TO BUFFER REGISTERED CHICKEN COOPS iu FROM ADJACENT ROADWAYS AND NEIGHBORING PARCELS, • ° PROVIDING STANDARDS FOR THE VEGETATED MATERIAL, AND re itz o REMOVES THE REQUIREMENT FOR AN OPAQUE FENCE OR WALL TO BE LOCATED ON THE PROPERTY LINE; PROVIDING FOR W 0 E 0 • z CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY AND W "Y SEVERABILITY; AND PROVIDING FOR FILING WITH THE • W DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR 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,this Ordinance is not subject to a business impact estimate pursuant to Section 125.66(3), Florida Statutes; 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 September 28, 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 September 17, 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 4 WHEREAS,on November 7, 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 October 19, 2023; and WHEREAS, on December 5, 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 November 22, 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 sttileugh 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 strike4Iffeugh.type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks(***)indicate existing text not shown. Section 7.10.03.—ANIMALS IN RESIDENTIAL DISTRICTS D. Backyard Chicken-keeping One-time Registration Holder Program: * * * * * 3. Location and requirements for chicken coops and enclosures. Backyard chicken-keeping shall be permitted as an accessory use within single-family residential zoning districts,where the lot or parcel is developed and occupied by a single-family detached residence. Chickens shall not be kept on residential property with mobile home/manufactured home parks, duplexes, triplexes, townhomes, and apartments or other multi-family properties. a. Permission for backyard chicken-keeping shall be subject to the following standards and conditions: (1) The maximum size of the coop and enclosure area shall be one hundred and twenty-five (125) square feet. The coop may be movable so long as it meets the required setbacks in this ordinance. (2) The space per bird in the coop shall be not less than four(4) square feet. (3) The coop and enclosure shall be set back a minimum of ten (10) feet from the side and rear lot lines and a minimum of twenty (20)feet from any side street, so long as the coop Page 2 of 4 and enclosure area shall be at least twenty-five (25)feet,from any residential structure on an adjoining lot. The coop and enclosure must be kept in the rear backyard of the residence. (4) A building permit from the building department shall not be required for the coop. The registration for keeping backyard chickens shall list the construction material methods as well as anchoring methods, such as tie-downs.Prefabricated mobile coops may be exempt from the requirement to obtain a building permit. (5) The coop and enclosure area shall be located in the rear yard of the developed and occupied single-family detached residential property. (6) Nothing in this section shall prevent the construction of a coop and enclosure from abutting the rear of an applicant's house, so long as it otherwise meets the requirements of this Code. (7) The maximum height of a coop and the enclosure area fence around the coop shall be six (6) feet, as measured from the existing grade to the highest part of the coop or fence. (8) Chicken coops and enclosures shall be completely screened from adjacent roadways and neighboring parcels by a six (6) foot-tall opaque fence, ef-wall line:, or vegetated barrier consisting of evergreen shrubs that at the time of planting shall be a minimum of four (4) feet in height, planted 3 ft. on center, that can be expected to reach and be maintained at a minimum of six(6)feet in height within 18 months.Required buffers shall be erected or installed between the coop and the property line. A chain-link fence, chain-link fence with slats, or similar fence shall not constitute an opaque fence or wall.A building permit may be required to erect an enclosure area fence in accordance to Section 8.00.04 of the St. Lucie County Land Development Code. (9) Chicken coops shall be covered and ventilated, and a fenced enclosure/run is required. The coop and enclosure must be constructed in a way that establishes a clean, safe, and pleasant environment free of odor,vermin,noise, and disease. (10) All enclosures for the keeping of chickens shall be so constructed and maintained as to prevent rodents or other pests. Chicken coops must be impermeable to rodents,wild birds, predators and weather, including all openings, ventilation holes, doors, and gates. Enclosures shall be kept in clean and neat conditions,including the provision of clean,dry bedding materials and regular removal of waste materials, not to create an odor. (11) All chicken feed shall be kept in a secured and covered metal container, or otherwise protected to prevent rodents and other pests from gaining access to it. (12) Chicken coops shall not be permitted within any protected St.Lucie River shorelines and adjacent upland areas along with water bodies such as the Indian River Lagoon, St. Lucie River,and its tributaries.Refer to Section 6.02.02 Riverine Shoreline Protection for buffer requirements. 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. Page 3 of 4 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 Chris Dzadovsky, Vice Chair AYE Linda Bartz, Commissioner AYE Larry Leet, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this 5th day of December, 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY,FLORIDA 4% a ( vi d GoMMls B . Deputy Cler f :0: r.C1-11A-0A) 3CLOVa- ,* ��' �� APPROVED AS TO FORM AND A Ai %`� oCORRECTNESS:°�F couN'N�` , BY: 1 County , tor ey Page 4 of 4 PLORIDA DEPARTMENT 0 STATE r RON DESANTIS Governor January 3, 2024 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Attention: Vera Smith Dear Michelle Miller, CORD BYRD Secretary of State 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. 2023-17, which was filed in this office on December 27, 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