HomeMy WebLinkAbout13-039JOSEPH E. ST7lTH. CLERK OE THE CIRCUIT COURT
SAINT LUCIE COUNTY
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ORDINANCE 13-03J
FILE NO.: TLDC - 720134641
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE REVISING
CHAPTER II -DEFINITIONS AND CHAPTER IX -SIGNS; PROVIDING FOR CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION.
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. 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,
2. 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.
3. On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida
adopted the St. Lucie County Land Development Code.
4. On August 15, 2013, the Planning and Zoning Commission held a public hearing on the
proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days
prior to the hearing and recommended that the proposed ordinance be approved.
5. On October 1, 2013 this Board held its first public hearing on the proposed ordinance,
after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in
advance.
6. On December 17, 2013, this Board held its second public hearing on the proposed
ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least
10 days in advance.
7. 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.
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NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
A. The specific amendment to the St. Lucie County Land Development Code to read
as identified in EXHIBIT A.
B. 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.
C. 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.
D. APPLICABILITY OF ORDINANCE
This Ordinance shall be applicable in the unincorporated area of St. Lucie County.
E. 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.
F. EFFECTIVE DATE
This ordinance shall take effect upon filing with the Department of State.
G. ADOPTION
After motion and second, the vote on this Ordinance was as follows:
Frannie Hutchinson, Chair YES
Paula Lewis, Vice Chair YES
Chris Dzadovsky, Commissioner YES
Tod Mowery, Commissioner YES
Kim Johnson, Commissioner YES
PASSED AND DULY ADOPTED this 17th day of December, 2013.
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ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY: ~ ~r.~ e .-
Ch air
APPROVED AS TO FORM AND
CORRECT SS:
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County or y
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EXHIBIT A
CHAPTER II -DEFINITIONS
Flags: Apiece of fabric with a color or pattern that represents a country, state, county, city,
party or organization.
CHAPTER IX -SIGNS
9.00.00 -PURPOSE <unchanged>
9.01.00 -PERMITTED PERMANENT AND AUTHORIZED TEMPORARY SIGNS
9.01.01 -PERMITTED PERMANENT SIGNS
A. 1.-4. <unchanged>
5. Public utility signs, identifying the location of underground lines, high voltage
areas, or the like, as needed for public safety purposes may be permitted if located so as not
to create public safety hazards or interfere with rights-of-way maintenance, in the judgment of
the Director of Planning and Development Services or his/her designee.
B. 1.-3. <unchanged>
4. Public utility signs, identifying the location of underground lines, high voltage
areas, or the like, as needed for public safety purposes may be permitted if located so as not
to create public safety hazards or interfere with rights-of-way maintenance, in the judgment of
the Director of eras Planning and Development Services or his/her designee.
C. 1.-3. <unchanged>
4. Public utility signs, identifying the location of underground lines, high voltage
areas, or the like, as needed for public safety purposes may be permitted if located
so as not to create public safety hazards or interfere with rights-of-way maintenance,
in the judgment of the Director of Planning and Development Services
or his/her designee.
D. 1.-4. <unchanged>
5. Public utility signs, identifying the location of underground lines, high voltage
areas, or the like, as needed for public safety purposes may be permitted if located
so as not to create public safety hazards or interfere with rights-of-way maintenance,
in the judgment of the Director of Planning and Development Services
or his/her designee.
E. 1.-6. <unchanged>
7. Public utility signs, identifying the location of underground lines, high voltage
areas, or the like, as needed for public safety purposes may be permitted if located
so as not to create public safety hazards or interfere with rights-of-way maintenance,
in the judgment of the Director of Planning and Development Services
or his/her designee.
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F. 1.-4. <unchanged>
5. For any establishment or group of establishments that has a street frontage of
three hundred (300) linear feet or more and which has outdoor displays as provided
for in Section 7.10.02 of this Code, the Planning and Development
Services Director or his/her designee may allow for the placement of two (2)
additional ground signs, using and subject to the procedures set forth in Section
9.04.01. The Director or his/her designee shall allow for such additional signage
when it is shown that operation as provided under Section 7.10.02 creates a specific
need. Such additional signs may not exceed one hundred (100) square feet in area
nor shall they exceed a height of thirty (30) feet.
6.-8. <unchanged>
9. Public utility signs, identifying the location of underground lines, high voltage
areas, or the like, as needed for public safety purposes may be permitted if located
so as not to create public safety hazards or interfere with rights-of-way maintenance,
in the ~~ ~~'~,~,t judgment of the Planning and Development Services Director of
or his/her designee.
9.01.02 -AUTHORIZED TEMPORARY SIGNS
A.-B. <no change>
C. TEMPORARY SPECIAL EVENT PROMOTIONAL FLAGS, BANNERS, AND
PENNANTS REQUIRING A PERMIT.
Flags which are not exempt from permitting under Section 9.04.00, banners, and/or
pennants promoting a special event may be erected on a temporary basis upon the issuance
of a permit. Such permit shall be issued by the Planning and Development
Services Director or his/her designee using and subject to the procedures set forth in Section
9.04.01; provided that the Planning and Development Services Director or
his/her designee shall grant or deny such permit within fifteen (15) days from receipt of a
completed application. Such permit shall be granted provided that fal the requirements of this
Code are otherwise met; fbl no more than four (4) permits per year for one professionally
made banner shall be issued to any one business , or
a single business with more than 300 linear feet of roadway frontage may be permitted to
have one banner every 300 linear feet of roadway frontage, fcl no more than a total of sixty
(60) calendar days per year, and fdl it may be permitted during the holiday season from
October 15 to January 2, when the above criteria is met and shall not count as part of the
aforementioned sixty (60) day limit and (el shall be no greater than 32 square feet, and ffl
such flag, banner, or pennant shall not exhibit any other characteristic of a prohibited sign
under Section 9.03.00. Such flags shall be removed by the permittee upon the expiration of
the permit.
D. - F.<no change>
G. SIDEWALK SIGNS
One temporary, movable sign that rests on but is not secured or attached to the ground
is .permitted in commercial areas to be placed by a business or other occupant outside its
premises as longs as the sign does not impede the use of the sidewalk or block access to any
part of the building or sidewalk as determined by applying the clearance standards under the
2012 Florida Accessibility code for Building Construction. Such signs shall not contain content
larger than eight (8) square feet with not more than two (2) sign faces be placed in the
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parking, county right of way or drainage swale and shall be placed not farther than twenty
(20) feet from the entrance to the business. Such signs may be displayed only during the
time the premises are open to the public, and must be stored inside the premises at other
times and during hazardous weather when high winds are forecasted. A permit for a
temporary sidewalk sign is not required.
9.02.00 -GENERAL PROVISIONS
9.02.01 -SIGNS OTHER THAN BILLBOARDS
A.-D.S. <unchanged>
6. Shalt have a landscaped area around its base which extends a minimum distance
of three (3) feet in all directions. Such landscaped area shall be completely covered
by natural drought-tolerant ground cover and shrubs, hedges or similar vegetative
materials. The Planning and Development Services Director
shall grant relief from this landscaping requirement for billboards which are located
on properties that are physically contiguous to I-95 or the Florida Turnpike if it is
determined that such signs are located more than one-hundred (100) feet from a
developed area as defined in Section 2.00.00 of this Code.
E.-F. <unchanged>
9.02.02 -BILLBOARDS <unchanged>
9.03.00 -PROHIBITED SIGNS
A.-B.<unchanged>
C. Safls
D.-L. <unchanged>
M. Any sign, whether otherwise allowable or exempt under this Chapter, that, in the
judgment of the Planning and Development Services Director, determined
without reference to the content of the sign except as stated below in this paragraph
constitutes a traffic safety hazard by reason of size, location, movement, or method of
illumination; obstructs the vision of motorists or pedestrians; obstructs or interferes with
any official traffic control device; or utilizes flashing or revolving red, green, blue, or
amber lights, creates glare, or utilizes the words "stop," "look," "danger" or any other
word, phrase, symbol, or character in such a manner as to interfere with, mislead or
confuse traffic.
N.-R.<unchanged>
9.04.00 -PERMITTING AND EXEMPTIONS
9.04.01 -PERMITTING
A. Except as specifically exempted in Section 9.01.02 or Section 9.04.02, the erection,
physical alteration, reconstruction, or physical conversion of any sign shall not be
commenced without obtaining a Sign Permit from the Planning and
Development Services Director. No Sign Permit shall be issued for development without
the concurrent issuance of a Certificate of Zoning Compliance as provided by Section
11.05.00 of this Code. No permit shall be required for the sole purpose of changing
content, including wording and graphics, on a lawfully existing sign that otherwise
complies with the requirements of this Code both before and after such change.
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B. The process for obtaining a Sign Permit shall be the same as the process for obtaining
a Building Permit pursuant to Chapter XI of this Code, except as specifically modified in
this Section. The application shall be made on such form as the ~I+s-1AleflF-s Planning
and Development Services Director or his/her designee shall prescribe, which shall
include a depiction of the proposed sign, its specifications including height, sign area,
dimensions, location on the site and in relation to other structures and rights-of-way,
means of support, method of illumination, if any, and such other information as the
~-u~+s-aAlerl~s Planning and Development Services Director or his/her designee may
require to determine whether the proposed sign meets the requirements of this Chapter.
C. The Werks Planning and Development Services Director or his/her designee
shall grant or deny an application fora Sign Permit and Certificate of Zoning
Compliance applicable to such application, within thirty (30) days from receipt of a
complete application. The ~4+~We~ks Planning and Development Services Director or
his/her designee shall notify the applicant within fifteen (15) days from receipt of any
application, or amendment or supplement thereto, if the application is incomplete, and
shall notify the applicant of the information necessary to complete the application. The
applicant has the option of supplying such information or, if the applicant deems the
application complete despite such notification, upon e~-se notifying the
Planning and Development Services Director or his/her designee who shall then treat
the application as complete. Any application for a Sign Permit that is not granted or
denied within thirty (30) days from receipt of a completed application shall be deemed
denied.
D. The Planning and Development Services Director or his/her designee
shall grant the Sign Permit upon receipt of a completed application with all required
fees, upon finding that the proposed sign conforms to all requirements of this Chapter;
otherwise, the application shall be denied. The content of a proposed sign shall not be
material to the grant or denial of a Sign Permit, except as necessary to determine that a
sign conforms to the specific requirements of this Chapter.
E. <no change>
9.04.02 -EXCEPTIONS <no change>
9.05.00 -NONCONFORMING SIGNS
A. <no change>
B. Continuation or Removal. All nonconforming signs or advertising structures which were
properly permitted and conforming to the sign ordinances of the County in effect at the
time the signs were erected, may continue in use in accordance with the other provisions
of this Section. All other nonconforming signs shall be removed unless erected prior to
September 1, 1961. Nonconforming signs that are subject to removal shall be subject to
the provisions of this Code governing the procedures for Code violations; provided,
however, that the ~I+s-aA/e~IES Planning and Development Services Director may direct
the removal, after making reasonable efforts to provide advance notice to the sign
owner, of (1) any sign that in his/her judgment, determined without reference to the
content of the sign except as stated in Section 9.03.00(M), constitutes an immediate and
extreme danger to public safety, or (2) any sign erected or posted in the public right-of-
way in violation of this Chapter. Temporary signs for which allowable time of display has
expired and for which the sign owner cannot readily be located or identified, shall be
File No.: TLDC - 720134641
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1 deemed abandoned and may be removed at the direction of the ~I+~WFe~s Planning
2 and Development Services Director.
3 C. - F. <no change>
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FL{7RIDA DEPARTMENT D~STATE
RICK SCOTT
Governor
October 13, 2014
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Sue Korunow
Dear Mr. Smith:
KEN DETZNER
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. 13-039, which was filed in this office on October 13,
2014.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 Facsimile: (850) 488-9879
www.dos.state.il.us