HomeMy WebLinkAbout24-026 ORDINANCE 2024-26
FILE NO.: TLDC-2308-000024 •
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE CHAPTER II,
SECTION 2.00.00, DEFINITIONS, TO ADD DEFINITIONS PERTAINING TO
FARMERS' MARKETS; AMENDING CHAPTER III, SECTION 3.01.03, TO IDENTIFY
FARMERS' MARKETS AS A CONDITIONAL USE IN THE AG-5, AG-2.5 AND AG-1
(AGRICULTURAL) ZONING DISTRICTS; AND AMENDING CHAPTER VII, SECTION
7.10.00., TO ENACT A NEW SECTION 7.10.37., TO ESTABLISH SUPPLEMENTAL
STANDARDS FOR FARMERS' MARKETS IN AGRICULTURAL ZONING DISTRICTS;
PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY
AND SEVERABILITY; AND PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR ADOPTION.
WHEREAS, the Board of County Commissioners of St. Lucie County; Florida, based on the
testimony and evidence, including but 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.
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) 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.
4. On February 15, 2024, the Planning and Zoning Commission held a public hearing on the
proposed ordinance, after publication of notice in the St. Lucie News Tribune at least 10
days prior to the hearing and recommended that the proposed ordinance be adopted.
9. On June 4, 2024, this Board held its first public hearing on the proposed ordinance, after
publication of notice of such hearing in the St. Lucie News Tribune at least 10 days in
advance.
10. On July 2, 2024,.this Board held its second public hearing on the proposed ordinance, after
publication of notice of such hearing in the St. Lucie News Tribune at least 10 days in
advance.
11. The proposed amendment to the St. Lucie County Land Development Code is consistent
with the general purpose, goals, objectives and standards of the St. Lucie County
Comprehensive Plan and is in the best interest of the health, safety and public welfare of
the citizens of St. Lucie County, Florida. MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5377477 08/22/2024 11:50:18 AM
OR BOOK 5196 PAGE 274-284 Doc Type:ORDN
RECORDING: $95.00
Ordinance No. 2024-26
File No.: TLDC-2308-000024
Page 2
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
1. The amendment to the St. Lucie County Land Development Code to read as follows
in strikethrough and underline format:
CHAPTER II -DEFINITIONS:
[Note: These definitions will be inserted in alphabetical order into the existing Section 2.00.00.]
Farm Products — Farm Products shall include but are not limited to agricultural
products such as fruits, vegetables, mushrooms, herbs, nuts, eggs, honey or other bee
products, flowers, nursery stock, livestock food products (including meat, milk, cheese
and other dairy products), and seafood.
Farmers' Market — A retail sales use operated by a governmental agency, a nonprofit
organization, or one or more Producers that primarily (greater than 75% of offered
products) sells Farm Products and Value-added Farm Products directly to consumers.
Farmers' Markets can include indoor and outdoor display and sales. A Farmers'
Market is not a flea, antique or similar marketed activity.
Market Manager — A person or organization that manages the operation of the
Farmers' Market, assigns space to producers and sellers, directs the maintenance of
premises and records, and performs related duties as required.
Producer — A person or entity that (a) raises or produces farm products on land that
the person or entity farms and owns, rents, or leases; or (b) a person or entity that
creates Value-Added Farm Products (by cooking, canning, baking, preserving,
roasting, etc.)
Value-added Farm Products — A product processed by a Producer from a Farm
Product, including but not limited to baked goods, jams and jellies, canned vegetables,
dried fruit, syrups, salsas, salad dressings, flours, coffee and other beverages, smoked
or canned meats or fish, sausages, or prepared foods.
Vendor — A farmer or other person designated as having the right to participate in the
market.
* * * * * * ** * * ** * * ** * * * *
CHAPTER III -ZONING DISTRICTS
* * ** ** ** ** * * ** ** ** * *
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
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Page 3
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)
h. Kennels. (0752)
i. Research facilities, non-commercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
I. Solar generation station, subject to the requirements of Section 7.10.28. (999)
* * * * * * * * * *
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. Farmers' markets—subject to the requirements of Section 7.10.37. (999)
h g. Gasoline service stations. (5541)
g h. Industrial wastewater disposal. (999)
h i. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
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i j. Mining and quarrying of nonmetallic minerals, except fuels. (14)
j-k. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel and accessory stores. (56)
k I . Sewage disposal subject to the requirements of Section 7.10.13. (999)
1 m. Telecommunication towers-subject to the standards of Section 7.10.23. (999)
c n. 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.
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.
9. 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. . .
* * * * * * * * * *
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. Farmers' markets—subject to the standards of Section 7.10.37. (999)
f g. Gasoline service stations. (5541)
9 h. Industrial wastewater disposal. (999)
h i. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
ij. Mining and quarrying of nonmetallic minerals, except fuels. (14)
j-k. Radio, television, and microwave communication stations and towers. (999)
k-I Retail trade:
(1) Farm equipment and related accessories. (999)
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(2) Apparel and accessory stores. (56)
1 m. Sewage disposal subject to the requirements of Section 7.10.13. (999)
n. Telecommunication towers -subject to the standards of Section 7.10.23. (999)
o. Camps - sporting and recreational. (7032)
s p. 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.
* * * * * * * * * * *
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. .
* * * * * * * * * * * *
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)
I. 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)
* * * * * * * * * * * *
7. Conditional Uses:
a. Agricultural labor housing. (999)
Ordinance No. 2024-26
File No.: TLDC-2308-000024
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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. Farmers' markets—subject to the standards of Section 7.10.37. (999)
#g. Gasoline service stations. (5541)
g h. Industrial wastewater disposal. (999)
i. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
i1. Mining and quarrying of nonmetallic minerals, except fuels. (14
j-k. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel and accessory stores. (56)
k I . Sewage disposal subject to the requirements of Section 7.10.13. (999)
I m. Camps - sporting and recreational. (7032)
1 n. Off-road vehicle parks, except go-cart raceway operation or rentals (7999),
subject to the requirements of Section 7.10.21. (999)
n o. 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.
pp. Commercial composting facilities subject to the requirements of Section 7.10.34.
pg. Recreational vehicle and boat storage facilities subject to the requirements of
Section7.10.36. (999)
CHAPTER VII - DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
7.10.00. - SUPPLEMENTAL STANDARDS
7.10.37.- Farmers' Markets.
A. Intent.
1. For purposes of this section, a Farmers' Market shall be a designated area for local
farmers, gardeners and producers, to sell fresh, locally grown and locally produced
Farm Products and Value-added Farm Products, to the general public.
2. Sales may be conducted from trucks, tables, open booths, temporary tented
structures, or a permanent structure less than 6,000 square feet. Unless required by
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the Florida Building Code, a building permit is not needed for open booths or
temporary tented structures. Any permanent structure proposed for the site will be
subject to all applicable building codes and standards.
3. The design of the Site and the operation of the Market shall comply with the
provisions of this Code, as described specifically in this Section, to avoid any
negative impacts to any nearby property.
B. Site Standards. In addition to the requirements applicable to the zoning district in which
the Farmers' Market is proposed, the following site standards shall apply:
1. Market Area. A Farmers' Market shall be allocated at least two (2) acres and not
more than ten (10) acres. The land area allocated for the Farmers' Market may
be located on a larger parcel without requiring a lot split or subdivision of the
larger parcel. The Market Area includes all sales activity areas and all supporting
activities or land uses such as parking, storm water management, restrooms and
sanitation, ingress and egress, and any other function supporting the Market.
Farmers' Markets proposed to be greater than 10 acres must locate within a
commercial zoning district.
2. Setbacks. All sales booths, temporary structures (including tents and shade
shelters) and trucks being used to sell Farm Products or Value-Added Farm
Products shall meet the following minimum setbacks:
a. The front setback shall be 50 feet from the front lot line or any street lot line.
b. The side setback shall be 30 feet from the side lot line.
c. The rear setback shall be 30 feet from the rear lot line.
C. General Development Plan. A proposed Farmers' Market shall provide a site layout
depicting the Market Area including all supporting activities and land uses. The
General Development Plan shall include all the following:
1. A location map showing the site relative to surrounding properties.
2. A boundary survey of the proposed Farmers' Market Area consistent with LDC
11.02.09.A.2.d., except that the boundary survey may be limited to the Market
Area and need not include the entire parcel.
3. The location and dimensions of ingress and egress to the Farmers' Market.
Driveway connections onto adjacent roads shall be governed by standards and
requirements of St. Lucie County or Florida Department of Transportation, as
applicable.
4. The name, location and designer of the project site and the total square footage of
the Market Area.
5. The location and proposed type of onsite restrooms and sanitary facilities. The
location and dimensions of customer parking as well as vendor loading, unloading
and parking.
6. Stormwater management facilities.
7. The location and of type of waste receptacles, which shall be screened as
Ordinance No. 2024-26
File No.: TLDC-2308-000024
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required by LDC 7.09.04.F.
8. The location, dimensions and type of proposed signage. Signage shall comply
with the regulations generally applicable for Agricultural Zoning Districts.
9. A landscaping plan that complies with LDC Section 7.09.04.B. shall be required
for vehicle use areas and temporary restroom and sanitation facilities. As
provided in LDC 7.09.04.0., alternative landscaping may be approved by the
Environmental Resources Director.
10. Should permanent structures be erected, all County landscape codes shall apply
as if the Farmers' Market was located in the Commercial General Zoning District.
D. Parking.
1. The minimum required parking shall be 1 parking stall for each 1,000 square feet of
sales and marketing areas and such calculation shall be rounded-up to include the
additional parking stall for square footage that exceeds 300 sq. ft.
2. Parking shall comply with County dimensional standards.
3. All ADA parking shall be paved with concrete, asphalt or pavers. Additionally, an
accessible route into the sales area shall be required.
4. The design of the parking area will be reviewed and approved as part of the
consideration of the Conditional Use Permit. Concrete, paver blocks or asphalt
paving may be required for vehicular use areas including parking. Other materials
and methods of stabilization may be considered or required considering the scale,
frequency and duration of use.
5. The factors identified in LDC Section 7.06.01.6.5. (permitting up to 75% of required
parking for a religious facility to be stabilized grass parking) and LDC Section
7.06.02.6.3. (permitting stabilized unpaved parking areas outside the Urban
Services Boundary when authorized by the County Engineer, so long as parking,
accessways, and driveways are clearly marked and the vehicular and pedestrian
circulation is safe) shall provide guidance to the consideration of a request by a
Farmers' Market to utilize unpaved parking, but need not be determinative. LDC
Section 7.06.03.A.2.a. (which prohibits administrative relief for retail operations
under 6,000 sq. ft. outside the Urban Services Boundary) shall not apply to parking
at a Framers' Market approved by this section.
6. The conditions of approval for the Farmers' Market may include a time limitation on
the use of unpaved parking. The conditions of approval may also be performance-
based, such that if the alternative parking surface does not prevent erosion or dust,
the Farmers' Market is required to pave the parking. In no case shall the use of
alternative materials and/or methods for stabilization of the parking area be
permitted to allow erosion or dust beyond the property boundary.
E. Environmental Impact Report. The application for the Conditional Use Permit shall
include an Environmental Impact Report consistent with the LDC if the proposed site
meets any of the following criteria:
1. The Market Area, regardless of size, contains any wetland, or;
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2. The Market Area is identified on the "Inventory of Native Ecosystems for St. Lucie
County," or;
3. The Market Area is located in whole or part within the One Hundred (100) Year
Flood Plain.
The Environmental Resources Director may authorize partial or total relief from the
requirement of an Environmental Impact Report (EIR). The applicant shall demonstrate
that based on conditions unique to the proposed Farmers' Market none of the
information foregone by such relief is needed to determine environmental impact of the
proposed development.
F. General Operating Standards.
1. Farmers' Markets approved under this Section are intended for business operations
not exceeding three days, per week. Operational days during the week may vary
and need not be consecutive. T h e Conditional Use Permit application shall
identify intended days and hours of operation. Amendments to these days and
hours of operation may be made at any time, provided the three day per week
limitation is not exceeded, by written notification to the County Planning and
Development Services Director.
2. All Farmers' Markets shall have a Market Manager, who shall be authorized to
direct the operations of all vendors participating in the market, on the site of the
market, during all hours of operation. The Market Manager shall be responsible for
ensuring Market operations remain consistent with the Conditional Use Permit.
3. All Farmers' Markets must have written operating rules addressing the
governance of the Farmers' Market, hours of operation, and maintenance and
security requirements and responsibilities. Administration and enforcement of
these operating rules shall be the responsibility of the Market Manager. The
County is not obligated to enforce any Market operating rules which shall be
considered a private matter between the vendor, the customer, the Market
Manager and/or the property owner.
4. All Farmers' Markets and vendors must obtain all required operating, health, and
food handling permits, and these permits shall be in the possession of the Market
Manager or the vendor, as applicable, at the Farmers' Market during all hours of
operation.
5. All Farmers' Markets and vendors shall comply with all federal, state, and local
laws and regulations relating to the operation, use, and enjoyment of the market
premises;
6. Conveniently located toilet facilities, including a hand wash lavatory with hot and
cold water shall be available in sufficient number for Market vendors and patrons.
7. The Farmers' Market shall be kept clean and free of trash, refuse or garbage
during and after the hours of operation. A II trash, refuse and garbage shall be
removed from the Market at the end of each day. All discarded fresh fruits,
vegetables or other food items shall be removed by the vendor.
8. Sale of the following items is prohibited at a Farmers' Market approved pursuant to
this Section:
Ordinance No. 2024-26
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a. Crafts, souvenirs, antiques, clothing, jewelry, and other non-food items.
b. Live animals such as household pets including dogs, cats, reptiles, caged
birds. However, if allowed by the specific Conditional Use Permit and subject
to the written operational rules of the individual Farmers' Market, the sale of
young animals, such as rabbits, chicks, or goats, may be allowed so long as
the maximum size and weight of the young animals is specified as part of
application for a Conditional Use Permit and the Market's operational rules.
c. Alcoholic beverages for on-premises consumption.
9. There shall be no overnight parking at the Farmers' Market.
10. All tents, tables and temporary booths shall be removed from the Market by the
Vendors or disassembled and stored out of sight outside of Market operational
hours.
2. 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.
3. 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 provisions thereof shall be held to be inapplicable to any person,
property, or circumstances, such holding shall not affect its applicability to any other person,
property or circumstance.
4. APPLICABILITY OF ORDINANCE
This Ordinance shall be applicable in the unincorporated area of St. Lucie County.
5. FILING WITH THE DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau
of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
6. EFFECTIVE DATE
This ordinance shall take effect upon filing with the Department of State.
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7. 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 2nd day of July, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk G 11/490 C
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County Attorney
FLORIDA DEPARTMENT:Of STATE
RON DESANTIS
Governor
August 20, 2024
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982
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 St. Lucie County Ordinance No. 2024-26, which was filed in this office on August 20,
2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270