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Home My WebLink About25-003 ORDINANCE No. 2025-3 FILE NO.: TLDC-2409-000036 AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 8.00.04 CLARIFYING EXISTING PROVISIONS FOR FENCE HEIGHT IN THE AGRICULTURAL RESIDENTIAL (AR-1) ZONING 1 0; _ DISTRICT, ADDING FLEXIBILITY FOR FENCE HEIGHT WHERE s th r,E rn SIGNIFICANT GRADE CHANGES EXIST, ALLOWING FOR c N-4 m m ALTERNATIVE FENCE MATERIALS IF A PROPERTY WITHIN A § s;SR 3 RESIDENTIAL ZONING DISTRICT IS CONTIGUOUS TO A LOCAL, 0.105 STATE, OR FEDERALLY OWNED NAMED PRESERVE AREA WITH AN s P EXISTING CATTLE OR CHICKEN WIRE FENCE, ALLOWING FOR W 2 ADDITIONAL HEIGHT FOR FENCING WHEN NECESSARY TO CONTAIN o 8 m A PUBLIC USE OR PUBLIC FACILITY FOR SAFETY OR SECURITY m PURPOSES, ALLOWING FOR ADDITIONAL HEIGHT FOR FENCING — WHEN NECESSARY TO CONTAIN ATHLETIC ACTIVITY, AND; AMENDING SECTION 8.00.05, CLARIFYING PROVISIONS FOR z o PERMANENT FENCING AROUND SWIMMING POOLS AND CREATING AN ADMINISTRATIVE WAIVER FOR SWIMMING POOL FENCING REQUIREMENTS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE 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,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 Page 1 of 6 WHEREAS, on October 17, 2024, the Planning and Zoning Commission held a public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on October 4, 2024. The Planning and Zoning Commission recommended to the Board of County Commissioners to approve the proposed text amendment to the St. Lucie County Land Development Code; and WHEREAS,on December 3, 2024, 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 20, 2024; and WHEREAS,on January 7, 2025, 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 22, 2024; 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 s riles 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=trikc through type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks(***)indicate existing text not shown. Section 8.00.04.Fences,Walls,Berms and Hedges. B. In any residential zoning district,which includes Agricultural Residential(AR-1),a fence,wall or landscape berm shall be designed and located as follows: 1. In any required front yard,the fence,wall or landscape berm shall 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 to be located. For sites where a significant grade change exists between the elevation of the centerline of the adjacent roadway and the property on which the fence,wall or landscape berm is to be located,the Planning&Development Services Director or designee shall have the ability to utilize the pre-development grade for the measurement of height in those instances. 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) Page 2 of 6 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 twenty-two(22)feet 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 fence,wall or landscape berm is allowed at a maximum height of six(6)feet above the elevation of the centerline of the roadway adjacent to the property, except that: a. 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. If the rear or side lot line of a residential lot 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. 5. Notwithstanding subsection 8.00.04 B.4., residential properties within the RE-1,RE-2,RS- 2,RS-3,RS-4,RMH-5,RM-5,RM-7,RM-9,RM-1 1,RM-15 and HIRD that are contiguous to a local, state,or federal named preserve area with an existing cattle wire or chicken wire fence installed by a local, state,or federal agency,may construct a fence with cattle wire or chicken wire within the rear and side yard, so as to provide for consistent fence design and material to the existing fence.In no event shall a fence be permitted within the required front yard or allowed to create a hazard or be inconsistent with the remaining provisions of Section 8.00.04. C. 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. D. 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). E. A permit shall not be required for split-rail fencing, cattle wire, chicken wire,barbed wire,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 Page 3 of 6 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. Within the Agricultural Residential (AR-1)zoning district, fence height within the required front yard shall comply with subsection 8.00.04.B.1.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 F.S. § 193.461. 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). I. When it is necessary to contain a public use or a public facility for safety or security purposes (i.e. high voltage substations, pumping stations, public wastewater treatment facilities, public airports and aircraft operations), the fence may be erected to a maximum height provided in national, state or otherwise recognized industry codes and regulations. J. When it is necessary to use a fence to contain athletic activity, a fence may be erected to a maximum of twelve(12)feet in height,if constructed of chain-link or another material that does not impair visibility. * * * Section 8.00.05. Swimming Pools. A. Fencing Required. In addition to the current standards of F.S. & 515.27-Residential Swimming Pool Safety Act,the following is required: All swimming pools in the unincorporated areas of the County,unless entirely screened in,shall be completely enclosed with a permanent fence or wall at least four (4) feet high and so constructed as to be not readily climbable by small children.All gates or doors providing access to the pool area shall be securely locked when the pool area is not in actual use or shall be equipped with a self-closing and self-latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use,except that the door of any dwelling which forms a part of the enclosure need not be so locked or equipped. During construction of a swimming pool,the swimming pool contractor shall be required to take reasonable steps to secure the construction site so that the swimming pool under construction is not readily accessible to small children. B. Procedures for Waiver from Fencing Requirement. In the event tThe owner of an existing or proposed swimming pool , may apply for a waiver of the requirement Page 4 of 6 of Section 8.00.05.A for fencing. The Planning and Development Services Director shall have the authority to grant waivers of Section 8.00.05.A. The owner must demonstrate that the proposed, built, or natural conditions provide equal or greater protection than the required four (4) foot high permanent fence. The waiver may be administratively approved, subject to any necessary conditions, including but not limited to the owner providing a notarized statement recorded in the public record to the effect that the proposed, built, or natural conditions must remain in perpetuity to ensure adequate protection is provided.If the Planning and Development Services Director does not find that conditions provide equal or greater protection than the required four(4) foot high permanent fence,the owner may appeal the decision to the Board of County Commissioners within thirty (30) days after rendition of such decision. If the Board of County Commissioners determines that such a swimming pool is not or would not be a hazard to small children by reason of its location,construction,surrounding vegetation or other natural or man-made barriers,the Board may,after a public hearing of which all property owners within " five hundred (500) feet are given at least ten (10) days notice by certified mail, waive the requirement that such pool be fenced. In lieu of a total waiver of the fence requirement, the Board may attach reasonable conditions including a partial reduction in the height requirement. 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: Jamie Fowler, Chair AYE Larry Leet, Vice Chair AYE James Clasby, Commissioner AYE Erin Lowry, Commissioner AYE Cathy Townsend, Commissioner AYE Page 5 of 6 PASSED AND DULY ADOPTED this 7th day of January, 2025. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA ,. . ,Mks BY: ilk., _ 4 ! Deputy Cler. Si0 Chair V ,, .; A APPRO ED AS TO FORM AND CTNESS: • Gc�E couNr,f� BY: ounty Att rn Page 6 of 6 RON DESANTIS CORD BYRD Governor Secretary of State January 17, 2025 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 St. Lucie County Ordinance No. 2025-3, which was filed in this office on January 15, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270