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Home My WebLink About26-03 ORDINANCE No. 2026-03 FILE NO.: TLDC-2512-000043 AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 8.00.04 — FENCES, WALLS, BERMS, AND HEDGES, ADDING FLEXIBILITY FOR FENCE MATERIALS IF A PROPERTY WITHIN CERTAIN RESIDENTIAL ZONING DISTRICTS AND IS GREATER THAN ONE ACRE,WITH A LAWFULLY PERMITTED DWELLING UNIT AND ON AN UNPAVED, PRIVATELY MAINTAINED ROAD; 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 WHEREAS, on January 15, 2026, the Planning and Zoning Commission held a public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on January 2, 2026. 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 February 3, 2026, 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 January 23, 2026; and MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE CO 2N26Y206�.4721 PM ORDN OR BOO `�� PAGE 212-2715 Doa TYPe: RECORDING: 336. Page 1 of 4 WHEREAS, on February 17, 2026, 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 February 6, 2026; 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 stiikethr-eugh 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 strikeg i 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) 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. Page 2 of 4 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-11,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. 6. Notwithstanding subsection 8.00.04.B.4.,residential properties within the RE-1,RE-2,R/C, RS-2, RS-3, RS-4, RMH-5, and RM-5 zoning districts, located on a parcel of one (1) acre or greater with a lawfully permitted dwelling unit and on an unpaved, privately maintained road, may construct a fence in whole or in part, of cattle wire, chicken wire, or similar materials.This exception within this subsection does not apply to razor wire or barbed wire. The fence height within the required front yard complies with subsection 8.00.04.B.1. Such fences shall be maintained and kept free of hazardous protrusions or loose wires.A building permit shall be required for the construction of any fence authorized under this subsection and must include a survey depicting the location of the proposed fence in relation to property boundaries,easements, and existing structures. * * * 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 Page 3 of 4 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 PASSED AND DULY ADOPTED this 17th day of February, 2026. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY,FLORIDA B • Milk . _ • _ _ .I Deputy Clerk GOMM/a Chair te $- � ' Oyu APPRO D AS TO FORM AND v /0.. A y I TNESS: kf/BY: County Attorney Page 4 of 4 FLORIDA DEPARTMENT O STATE RON DESANTIS CORD BYRD Governor Secretary of State February 25, 2026 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. 2026-03, which was filed in this office on February 25, 2026. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270