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Home My WebLink About24-003 t ORDINANCE NO. 2024-3 FILE NO.: TLDC-2310-000029 AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 2.00.00, DEFINITIONS, TO CLARIFY PROVISIONS FOR ° E ACCESSORY USE AND STRUCTURES; ADD ALLOWANCES FOR 8 ° ce NONHABITABLE ARCHITECTURAL AND MECHANICAL FEATURES TO EXTEND ABOVE THE MAXIMUM FINISHED MAIN ROOF HEIGHT; a o AMENDING SECTION 8.00.02 TO ALLOW THE HEIGHT OF CERTAIN x N ACCESSORY STRUCTURES WITHIN RESIDENTIAL AND W o AGRICULTURAL ZONING DISTRICTS TO EXTEND PAST THE dre- MAXIMUM HEIGHT OF THE PRIMARY STRUCTURE WHEN CERTAIN Z N a s PROVISIONS ARE MET; PROVIDING FOR CONFLICTING PROVISIONS; g :2!0 3 PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND W o E J J O PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; m o PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR a C W CODIFICATION; AND PROVIDING FOR ADOPTION. cn e 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 Statutes, 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 November 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 on November 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 December 5, 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 November 22, 2023; and WHEREAS,on January 9, 2024,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 December 21, 2023;the Board continued the hearing until their January 23, 2024 meeting, and WHEREAS, on January 23, 2024, the Board of County Commissioners continued their adoption Public Hearing on the proposed ordinance, and formulated a motion with minor edits to the proposed ordinance, clarifying intended allowances for architectural features and space above the maximum height limits; 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 stfilEethfeugh 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 through 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 Accessory Use: A structure or use that: (1) Is subordinate to and serves the principal building or principal use; (2) Unless specified in Section 8.00.02,Es subordinate in area, extent, and purpose to the principal structure or principal use served; (3) Contributes to the comfort, convenience, or necessity of the occupant, business, or industry in the principal structure or use; and (4) Is located on the same lot as the principal structure or use. Page 2 of 5 Height: The vertical distance between the minimum finished grade and the highest finished main roof surface in the case of flat roofs or shed roofs, the deck line of a mansard roof and the average distance between the eaves and the ridge of sloped roof with a pitch greater than a 4:12 ratio. For the purpose of this Code, minimum finished grade shall be that elevation, for both residential and nonresidential uses, required to meet minimum flood protection regulations. For the purposes of this Code, roof mounted solar energy panels are exempt from the building height limitations and except where the Board of Adjustment has granted relief for maximum height, nonhabitable architectural features and mechanical equipment along with corresponding enclosures, including but not limited to,parapets, chimneys, steeples, spires,elevator machinery and shafts, shall be allowed to exceed the maximum building height limitation by not more than five (5) feet for Single-Family Residential structures, and by not more than 20%for Multi-Family and Commercial structures but not to exceed twelve (12) feet, and where nonhabitable architectural features are limited to 10% of the highest finished floor area. In no event shall any of the exclusions for the features or equipment enumerated in this definition be construed to permit any habitable or usable space (including but not limited to roof top decks, dining, entertainment, recreation, etc.) to exceed the height limitations provided in Section 7.04.01 (Table 7-10), unless a Conditional Use Permit is granted in accordance with the provisions of LDC Section 11.07.00. FIGURE 2.11 BUILDING HEIGHT EXAMPLES GABLE/HIP ROOF DESIGN MANSARD ROOF DESIGN ROOF MOE AVERAGE D.TANGL BETWEEN DECK UNE n ROOF RIDGE AND „� ROOF PIM rives BUIL: AG GUIDING HEIGHT HST MIMMW FWISHED fo.tu ~AN GRADE 4 MNDMIW ROOF HEIGHT 1�OF PIIW <t BUILDING HEIGHT 1 MNIMW FINISHED GRADE SHED/FLAT ROOF DESIGN Section 8.00.02. -DIMENSION AND LOCATION REGULATIONS. A. No accessory use or structure except for fences,walls, and hedges as described in Section 8.00.04 shall be located in any required front yard in any residential zoning district. B. No accessory structure or use in any residential zoning district shall occupy more than thirty- five percent(35%)of the maximum permitted building area of the entire lot. Page 3 of 5 C. Non-commercial garages, carports, and enclosed storage structures located within residential zoning districts may exceed the height of the primary structure but shall then be limited to twenty (20) feet in height and located a minimum of five (5)feet behind the front façade of the primary structure. D. Non-commercial garages, carports, pole barns, and enclosed storage structures within agricultural zoning districts may exceed the height of the primary structure but shall then be limited to twenty-five(25)feet in height and located a minimum of five(5) feet behind the front façade of the primary structure. 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 Chris Dzadovsky, Vice Chair AYE Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE Larry Leet, Commissioner AYE PASSED AND DULY ADOPTED this 23rd day of January, 2024. Page 4 of 5 BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY,FLORIDA coMM/ss �- JA �' A. , •4 /p BY: Deputy Clerk ' > .�tr Ch it : u, ` k, m- oj,.. PPROVED AS TO FORM AND a a CORRECT ' S: `Gc'F COUN'l'�� ji / BY: iLP Coun ,- 1 rney Page 5 of 5 RON DESANTIS CORD BYRD Governor Secretary of State February 28, 2024 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 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. 2024-3, which was filed in this office on February 28, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270