HomeMy WebLinkAbout12-008ORDINANCE NO. 12-008 ==-- -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISIONERS OF
ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT
CODE SECTION 11.05.02 "CLASS A MOBILE HOME PERMITS", AND
SECTION 12.06.00 "OFFICE OF THE GROWTH MANAGEMENT
DIRECTOR"; PROVIDING FOR CONFLICTING PROVISIONS;
SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; AND PROVIDING FOR ADOPTION,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, 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 regulations as are
necessary for the protection of the public.
2. This Board 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.
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 October 20, 2011, the Planning and Zoning Commission held a
public hearing on the proposed ordinance after publishing notice in the
St. Lucie News Tribune on October 6, 2011 and continued the item to
November 17, 2011.
5. On November 17, 2011, the Planning and Zoning Commission
recommended to the Board of County Commissioners denial of the
proposed amendments to the text of the Land Development Code.
6. On January 3, 2012, the Board of County Commissioners continued
the item to the February 7, 2012 Board of County Commissioners
meeting to allow time for staff to discuss the concerns of the Planning
and Zoning Commission.
March 20, 2012
Ordinance No. 12-008 Page 1
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3688818 03/29/2012 at 11:51 AM
OR BOOK 3375 PAGE 1377 - 1386 Doc Type: ORDN
RECORDING: $86.50
7. On February 7, 2012, the Board of County Commissioners held its first
public hearing on the proposed ordinance, after publishing a notice of
such hearing in the St. Lucie News Tribune on December 19, 2011.
8. On March 20, 2012, the Board of County Commissioners held its
second public hearing on the proposed ordinance, after publishing a
notice of such hearing in the St. Lucie News Tribune on March 6, 2012.
9. The proposed amendments to the St. Lucie County Land Development
Code are consistent with the general purpose, goals, and objectives of
the St. Lucie County Comprehensive Plan and are in the best interest of
the health, safety and public welfare of the citizens of St. Lucie County,
Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of St. Lucie County, Florida:
PART A. Chapter XI "ADMINISTRATION AND ENFORCEMENT" is hereby
amended to read as follows:
11.00.00 ADMINISTRATION AND ENFORCEMENT
Sections 11.00.01 through Section11.05.01 remain unchanged.
Section 11.05.02 CLASS A MOBILE HOME PERMITS is amended to read as follows:
11.05.02. Class A Mobile Home Permits.
A. Application for Permit. Any person desiring to have a Class A Mobile
Home defined as a detached single-family dwelling unit
shall submit an application to the
Planning and Development Services Director, in a form established by
the Director, accompanied by a non-refundable application fee,
pursuant to Section 11.12.00.
B. Application Contents. The application shall include the following
information:
1. The applicant's name and address.
March 20, 2012
Ordinance No. 12-008 Page 2
2. Legal description, street address, lot number and subdivision
name, if any, of the property upon which the Class A Mobile
Home is to be located.
3. Statement of ownership of the mobile home.
4. Size of subject property in square feet and acres.
5. Statement describing the type and dimensions of the Class A
Mobile Home proposed to be located on the property.
6. Elevations and photographs of all sides of the Class A Mobile
Home proposed to be located on the property.
7. A statement describing the exterior dimensions and roof slope
of the Class A Mobile proposed to be located on the property.
8. A description of the exterior finish of the Class A Mobile Home,
including exterior walls and roof.
9. A description of the skirting materials to be used.
10. A description of the dimensions of the Class A Mobile Home.
11. Proof that the Class A Mobile Home has met the Mobile Homes
Construction and Safety Standards of the U.S. Department of
Housing and Urban Development, and the standards of F.S. §
320.823.
12. A ~;+~e-p;an boundary survey showing
the proposed use and including the following:
a. Location of the property by lot number, block number and
street address, if any.
b. T1~lesa#+e~ gees o f~~4~-~„s~nes ~ian,ete~-ef
gfeate~et#er~afufal-fea#~esiq~sr °~^^~f;^~^+
The limits of any jurisdictional wetlands; locations of all
native trees meeting the minimum sizes outlined in
Chapter 6; the results of any required listed species
March 20, 2012
Ordinance No. 12-008 Page 3
1 ', surveys; and an identification of what areas will be
2 ', impacted by the proposed development activity and what
3 areas are proposed for protection/preservation, with
4 plans for mitigation per Chapter 6, if applicable.
5
6 c. The dimensions of the lot or parcel of land on which the
7 Class A Mobile Home is to be located.
8
9 d. The location of the proposed Class A Mobile Home on
10 the property, including all setback information.
11
12 13. A schematic design of the Class A Mobile Home showing the
13 roof, skirtings, and other improvements.
14
15 ~ 14. A recorded deed of the subject property on which the Class A
16 Mobile Home is to be located.
17
18 C. Procedure for Review of Class A.Mobile Home Permit Applications on
19 Prop erties Zoned AG-5 and A G-2.5.
20
21 1. Within twenty (20) days after an application has been submitted,
22 the Planning and Development Services Director
23 shall determine whether the application is complete. If the
24 Director determines the application is not complete, #~e--shafl
25 send a written statement shall be sent to the applicant by mail
26 specifying the application's deficiencies.
27 The Director shall take no further action on the application
28 unless the deficiencies are remedied.
29
30 2. Within thirty (30) days after the Es Planning and
31 Development Services Director determines the application is
32 complete, ~ °~°" ~°~~~°~•• the application shall be reviewed, and
33 the Director shall determine whether the proposal complies with
34 the definition of a detached single-family dwelling unit.
35
36 3. Following the determination of compliance, the
37 Planning and Development Services Director shall ^''
38
•M V• AVM V~~ ~~~V ~M~ ~ ~~~~ r~~V~~~~ ~~ M~ ~~~ V~ 1 ll ~V M~V~ IV{A V~ t~,V iTGAC
40
41 noti all
42 property owners within 500 feet of the subject property of the
March 20, 2012
Ordinance No. 12-008 Page 4
1 Director's decision to issue the permit. If there are no written
2 obiections provided by the property owners within the
3 notification area within fourteen (14) calendar days of receiving
4 such notice, the Director shall administratively issue the permit.
5
6 If any written objection is obtained from a property owner within
7 the notification area, the application shall be scheduled on the
8 next available regular Board of County Commissioners meeting
9 in accordance with the procedures in Section 11.00.03 and
10 11.00.04. The Board of County Commissioners shall review
11 any obiections and make a determination whether the
12 application meets the definition of a detached single-family
13 dwelling unit in the form specified in Section 11.05.02(E).
14 Notification of the Board of County Commissioners' decision
15 shall be mailed to the petitioner and filed with the Planning and
16 Development Services Director in accordance with Section
17 11.00.04.
18
19 ~1-~k~e~~bns~ar~g~;°'~n~„e i~p;;sa~ee--~.,'~~--~
20
21 (`I~c~e A AAnhile~ unme~ ,,,°°}~ +h° rl°fini+inn of .+ rl°+~+nh°i-1 ainnl°
..,..,.~ ........... ~..,...,~.,,..,...,...,.. , y.
22 ,
23 .
24
25 C e~m;~ss~~e~s~ k~~'~Take-a-dam;,;, i n.,+;~ n ,.,h ~nnc. ri~hc
26
27
28
29 '
'30 ~h~ll h° m.~il°rl +n }h° n°}i}inn°r .+nrl fil°rl uii}h }h° D~ ~hlin ~A/nrLc
.,,.~z. ....,......... .., ~.,.., r,.,~,.,.,~,.., ~.,~.. .~....v
31 .
32
33 D. Procedure for Review of Class A Mobile Home Permit Applications on
34 Properties Zoned AG-1, AR-1, R/C, RE-1, RE-2, RS-2, RS-3 RS-4
35 RMH-5, RM-5, RM-7, RM-9, RM-11 and RM-15.
36
37 1. Within twenty (20) days after an application has been submitted
38 the Planning and Development Services Director shall
39 determine whether the application is complete. If the Director
40 determines the application is not complete, a written statement
41 shall be sent to the applicant by mail specifying the application's
March 20, 2012
Ordinance No. 12-008
Page 5
1 deficiencies. The Director shall take no further action on the
2 application unless the deficiencies are remedied.
3
4 2. Within thirty (30) days after the Planning and Development
5 Services Director determines the application is complete, the
6 application shall be reviewed, and the Director shall determine
7 whether the proposal complies with the definition of a detached
8 single-family dwelling unit.
9
10 3. Following the determination of compliance the Planning and
11 Development Services Director shall place the application for
12 the determination of the Class A Mobile Home as a detached
13 single-family dwelling unit on the agenda of the next available
14 regular Board of County Commissioners meeting, in accordance
15 with the procedures in Section 11.00.03.
16
17 4. The public hearing held on the application shall be in
18 accordance with Section 11.00.04. In determining whether the
19 Class A Mobile Home meets the definition of a detached single-
20 family dwelling unit, the Board of County Commissioners shall
21 consider the standards in the subsection. Within a reasonable
22 time of the conclusion of the public hearing, the Board of County
23 Commissioners shall make a determination as to whether the
24 application meets the definition of a detached single-family
25 dwelling unit in the form specified in Section 11.05.02(E).
26
27 5. Notification of the Board of County Commissioners' decision
28 shall be mailed to the petitioner and filed with the Planning and
29 Development Services Director in accordance with Section
30 11.00.04.
31
32 ~ E. Standards for Review. In determining whether a Class A Mobile Home
33 meets the definitions of detached single-family dwelling unit, the ~eafd
34 ~f r~~~.,+., ~`nmmicc~ir+nere ~.h.,n ,..,.,~.,,~e~ +~e exterior dimensions, the
35 exterior finish of the roof and walls, and the skirting of the mobile home
36 shall be considered. Before a Class A Mobile Home will be defined as
37 a detached single-family dwelling unit,
38 the following must be determined:
39
40 1. Minimum Width of Main Body. The minimum horizontal
41 dimension of the main body of the mobile home as assembled
42 on the site is not less than twenty (20) feet, as measured across
March 20, 2012
Ordinance No. 12-008 Page 6
the narrowest portion, except that in the Agricultural Residential
(AR-1 ), Agricultural-1 (AG-1 ), Agricultural-2.5 (AG-2.5) and
Agricultural-5 (AG-5), Zoning Districts, no minimum horizontal
dimension shall apply.
~. Minimum Roof Pitch ~i+~i~urn-Bis~tafle~€a~e~~~e-e~,",~
fr^m 7\ 4h° 'nim~ ~m F,^ri~nn}..I
d~er}sie~ The minimum roof pitch is similar in slope to that of
detached single family dwelling units in the same zoning district
in which it is to be located.
3. Roofing Materials. The roofing material used is similar in
texture, color and appearance to that of detached single-family
dwelling units in the same zoning district in which it is to be
located.
4. Exterior Finish; Light Reflection. The materials used for the
exterior finish and skirting are similar in texture, color, and
materials to detached single-family dwelling units in the same
zoning district in which it is to be located, and are applied in
such a manner as to make the Class A Mobile Home similar in
appearance with surrounding detached single-family dwelling
units. Reflection from the exterior shall not be greater than from
siding coated with clear, white, gloss exterior enamel.
PART B. Section 12.06.00 "OFFICE OF THE GROWTH MANAGEMENT
DIRECTOR" is amended to read as follows:
12.06.00. OFFICE OF THE PLANNING AND
DEVELOPMENT SERVICES DIRECTOR
12.06.01. Jurisdiction, Authority, and Duties.
In addition to the jurisdiction, authority, and duties which may be conferred on
the Planning and Development Services Director by
other provisions, I-ie the Director shall also have the following powers and
duties under this Code:
A. The ~'~^~•~*" ""~^°^°^~°^+ Director shall issue, ,
wastewater and sewage compliance, airport height permits, a~
March 20, 2012
Ordinance No. 12-008 Page 7
...~i~r,.~~ r~ormi+~' and Class A Mobile Home Permits, in accordance
with the procedures in Section 11.05.00.
B. The Director shall grant or deny applications for
Certificates of Capacity Exemption, and Certificates of Capacity
Variances in accordance with the procedures in Section 5.00.00.
C. The Director shall grant or deny applications for a
Vested Rights Special Use Permit in accordance with the procedures
in Section 11.09.00 of this Code.
D. The Director, whenever a use is not specifically
listed in Section 3.01.03 or in the administrative use regulations, shall
make a determination as to whether the proposed use is a use
permitted by this Code, in accordance with Section 3.01.01.
E. The Director shall serve as staff planner to the
Planning and Zoning Commission and the Board of County
Commissioners, including the provision of aid and technical assistance
in:
1. The initiation, processing, and review of applications for
amendment to the Official Zoning Atlas as provided in Section
11.06.00;
2. The initiation, processing, and review of applications for
amendment to the text of the Code as provided in Section
11.06.00;
3. The processing and review of applications for Planned
Developments as provided in Section 11.02.00;
4. The processing and review of applications for conditional use
permits as provided in Section 11.07.00 of this Code;
5. The processing and review of site plans as provided in Section
11.02.00;_
6. The processing and review of applications requesting a Class A
Mobile Home be defined as a detached single-family dwelling,
as provided in Section 11.05.02.
March 20, 2012
Ordinance No. 12-008 Page 8
F. The Director shall serve as staff planner to the
Board of Adjustment, including the processing and provision of
technical assistance in the review of variances, as provided in Section
11.01.00.
G. The Director shall maintain the Official Zoning
Atlas.
H. The Director shall, whenever requested to do so
by the Board of County Commissioners, conduct or cause to be
conducted, with the assistance of other county departments if
necessary, investigations, reports, surveys, studies, maps, charts, and
recommendations with respect to matters before the Board of County
Commissioners, the Planning and Zoning Commission, or the Board of
Adjustment.
PART D. 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.
PART E. 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 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.
PART F. APPLICABILITY OF ORDINANCE
This ordinance shall be applicable in the unincorporated area of St. Lucie
County.
PART G. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this
ordinance to the Bureau of Administrative Code and Laws, Department of
State, The Capitol, Tallahassee, Florida 32304.
March 20, 2012
Ordinance No. 12-008 Page 9
__ _ 1 PART H. EFFECTIVE DATE.
2
3 This ordinance shall take effect upon filing with the Department of State.
4
5 PART I. ADOPTION.
6
7 After motion and second, the vote on this ordinance was as follows:
8
9 Chris Dzadovsky, Chairman AYE
10 ~
11 ', Tod Mowery, Vice Chairman AYE
12
13 Chris Craft, Commissioner AYE
14
15 Paula A. Lewis, Commissioner AYE
16
17 Frannie Hutchinson, Commissioner ABSENT
18
19 PART J. CODIFICATION.
20
21 Provisions of this ordinance shall be incorporated in the St. Lucie County
22 Land Development Code, and the word ordinance may be changed to
23 section, article, or other appropriate word, and the sections of this ordinance
24 may be renumbered or re-lettered to accomplish such intention; provided,
25 however, that parts D through I shall not be codified.
26
27 PASSED AND DULY ADOPTED this 20th day of March, 2012.
28
29 ATTEST: BOARD OF COUNTY COMMISSIONERS
30 ST. LUCIE COUNTY, FLORIDA
31 ;~ ~~~ J7
32 .~ ~.
'4 ~ i T f ~" ~l /
33 N ~' :, ~~ Y:
34 Deputy Clerk LL ` ^.Q Cha an
35 s;~
36 APPROVED AS TO FORM'A~f3 ~ ~ -
37 ~ f;:Y,_ ~%` CORRECTNESS:. -
38 `~- ,
39 fC t,f~'~ 0--~~`' -
40 /
41
42 County Attor
March 20, 2012
Ordinance No. 12-008 Page 10
- '~-~
} ,S1f ~l~
.y±. /
'' ~i
.+
_~ i ~k`
yi5
~^y a~ ~`
o ui. ~~.
t__.._.... _ ..-
FLQRIDA DEPARTMENT O~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. 12-008, which was filed in this office on October 13,
2014.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/Ib
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270. Facsimile: (850) 488-9879
www.dos.state.tl.us