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HomeMy WebLinkAboutSupplement No. 11: 12-2014SUPPLEMENT NO. 11 December 2014 LAND DEVELOPMENT CODE County of ST. LUCIE, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 14-021, adopted September 16, 2014. See the Code Comparative Table—Ordinances for further information. Remove Old Pages X111, Xlv Checklist of up-to-date pages SH:1 6:21-6:24.3 7:83-7:86 10:19-10:24 11:33, 11:34 11:41, 11:42 11:43, 11:44 11:47, 11:48 11:75-11:78 C CT:3 Insert New Pages X111, Xlv Checklist of up-to-date pages (following Table of Contents) SH:1 6:21-6:24.3 7:83-7:86.1 10:19-10:24 11:33, 11:34 11:41, 11:42 11:43, 11:44 11:47, 11:48 11:75-11:78 CCT:3 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. i r- �, Municipal Counicode de Corporation • PO Box 2235 Tallahassee, FL 32316 info@municode.com • 800.262.2633 fax 850.575.8852 • www.municode.com TABLE OF CONTENTS Page Officials of the County at the Time of this Codification ......... iii Current Officials (Reserved) .................................. v Preface..................................................... vii Adopting Ordinance ......................................... ix Checklist of Up -to -Date Pages ................................ [1] Supplement History Table ................................... SH:1 Chapter I. General Provisions ....................................... 1:1 1.00.00. Title ....................................... 1:3 1.01.00. Authority ................................... 1:3 1.02.00. Purpose and Intent ......................... 1:3 1.03.00. Applicability ................................ 1:4 1.04.00. Findings ................................... 1:4 1.05.00. Incorporation by Reference .................. 1:5 1.06.00. Rules of Interpretation ...................... 1:5 1.07.00. Repeal of Prior Provisions ................... 1:7 1.08.00. Effective Date; Enactment ................... 1:7 1.09.00. Severability ................................ 1:8 1.10.00. Minimum Requirements ..................... 1:8 II. Definitions .............................................. 2:1 2.00.00. Definitions ................................. 2:3 III. Zoning Districts ........................................ 3:1 3.00.00. Zoning Districts ............................. 3:3 3.01.00. Zoning District Use Regulations .............. 3:3 IV. Special Districts ........................................ 4:1 4.00.00. Airport Overlay Zones ....................... 4:3 4.01.00. Hutchinson Island—Building Height Overlay Zone....................................... 4:5 4.02.00. River Park—Community Overlay Zone ....... 4:13 4.03.00. Research and Education Park—Overlay Zone . 4:17 4.04.00. TVC—Overlay Zone (Towns, Villages, Country- side) ....................................... 4:22 4.05.00. St. Lucie County Rural Land Stewardship Area Overlay Zone ............................... 4:49 4.06.00--4.10.00. Reserved .......................... 4:106 4.11.00. Historic Preservation ........................ 4:106 4.12.00. Jenkins Road Area Plan Special District ...... 4:108.29 V. Adequate Public Facilities ................................ 5:1 5.00.00. Adequate Public Facilities ................... 5:3 5.01.00. Definitions ................................. 5:5 St. Lucie County Land Development Code Supp. No. 11 xiii Adopted May 19, 2009 TABLE OF CONTENTS—Cont'd. Chapter Page 5.02.00. Procedure .................................. 5:10 5.03.00. Development Not Subject to the Requirements 7.01.00. Planned Unit Development .................. of Chapter V, Adequate Public Facilities ...... 5:11 5.04.00. Change of Use .............................. 5:16 5.05.00. Demolition or Termination of Existing Land 7.04.00. Area, Yard, Height, and Open Space Require- Use........................................ 5:17 5.06.00. Level of Service Standards ................... 5:17 5.07.00. Proportionate Fair Share Transportation Im- 7.06.00. Off -Street Parking and Loading .............. pact Mitigation ............................. 5:25 5.08.00. Review of Development Orders ............... 5:36 5.09.00. Variances ................................... 5:42 5.10.00. Capacity Information Letters ................ 5:43 5.11.00. Fees ....................................... 5:44 5.12.00. Conflict with Other Regulations .............. 5:45 VI. Resource Protection Standards ........................... 6:1 6.00.00. Vegetation Protection and Preservation....... 6:3 6.01.00. Mangrove Protection ........................ 6:14 6.02.00. Environmentally Sensitive Lands ............ 6:15 6.03.00. Wellfield Protection ......................... 6:30 6.04.00. Habitat of Endangered or Threatened Species. 6:36 6.05.00. Flood Damage Prevention ................... 6:51 6.06.00. Mining ..................................... 6:60.3 VII. Development Design and Improvement Standards ....... 7:1 7.00.00. General Provisions .......................... 7:5 7.01.00. Planned Unit Development .................. 7:5 7.02.00. Planned Non -Residential Development ....... 7:12 7.03.00. Planned Mixed Use Development ............ 7:21 7.04.00. Area, Yard, Height, and Open Space Require- ments ...................................... 7:33 7.05.00. Transportation Systems ..................... 7:45 7.06.00. Off -Street Parking and Loading .............. 7:65 7.07.00. Stormwater Management .................... 7:82 7.08.00. Utilities .................................... 7:86.1 7.09.00. Landscaping and Screening .................. 7:91 7.10.00. Supplemental Standards .................... 7:121 VIII. Accessory and Temporary Structures and Uses .......... 8:1 8.00.00. Accessory Uses and Structures ............... 8:3 8.01.00. Home Occupations .......................... 8:7 8.02.00. Temporary Uses and Structures .............. 8:8 IX. Signs .................................................. 9:1 9.00.00. Purpose .................................... 9:3 9.01.00. Permitted Permanent and Authorized Tempo- rary Signs .................................. 9:3 9.02.00. General Provisions .......................... 9:20 9.03.00. Prohibited Signs ............................ 9:24 9.04.00. Permitting and Exemptions ................... 9:26 9.05.00. Nonconforming Signs ......................... 9:28 St. Lucie County Land Development Code Supp. No. 11 xiv Adopted May 19, 2009 Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 8 2:17, 2:18 5 v OC 2:19, 2:20 5 vii, viii OC 2:21, 2:22 5 ix, x 00 2:23, 2:24 4 xi, xii OC 2:25, 2:26 4 xiii, xiv 11 2:27, 2:28 5 xv, xvi 9 2:29, 2:30 5 SH:1 11 2:31, 2:32 5 1:1 OC 2:33, 2:34 5 1:3,1:4 OC 2:34.1 5 1:5, 1:6 OC 2:35, 2:36 9 1:7, 1:8 OC 2:37, 2:38 3 2:1 OC 2:39, 2:40 4 2:3, 2:4 5 2:41, 2:42 5 2:5, 2:6 5 2:43, 2:44 5 2:7, 2:8 5 2:45, 2:46 5 2:8.1 5 2:47, 2:48 9 2:9, 2:10 3 3:1 OC 2:11,2:12 3 3:3,3:4 5 2:13,2:14 3 3:4.1,3:4.2 5 2:15, 2:16 5 3:5, 3:6 3 [ll Supp. No. 11 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp. No. Page No. Supp. No. 3:7, 3:8 3 3:81,3:82 5 3:9,3:10 3 3:83, 3:84 5 3:11,3:12 3 3:84.1 5 3:13, 3:14 3 3:85, 3:86 OC 3:15,3:16 3 3:87, 3:88 OC 3:17,3:18 3 3:89, 3:90 OC 3:19, 3:20 3 3:91, 3:92 OC 3:21, 3:22 8 3:93, 3:94 OC 3:23, 3:24 8 3:95, 3:96 3 3:25, 3:26 8 3:97, 3:98 2 3:27, 3:28 8 3:99, 3:100 2 3:29, 3:30 3 3:101, 3:102 OC 3:31, 3:32 3 3:103, 3:104 OC 3:33, 3:34 3 3:105, 3:106 5 3:35, 3:36 3 3:106.1 5 3:37, 3:38 3 3:107, 3:108 2 3:39, 3:40 3 3:109, 3:110 2 3:41, 3:42 3 3:111, 3:112 OC 3:43, 3:44 3 3:113, 3:114 2 3:45, 3:46 3 3:115, 3:116 5 3:47, 3:48 3 3:117, 3:118 2 3:48.1 3 3:119, 3:120 5 3:49, 3:50 2 3:121, 3:122 5 3:51, 3:52 2 3:123, 3:124 5 3:53, 3:54 OC 3:125, 3:126 5 3:55, 3:56 OC 3:127, 3:128 5 3:57, 3:58 OC 3:129, 3:130 5 3:59, 3:60 OC 3:131, 3:132 5 3:61, 3:62 5 3:133 8 3:63, 3:64 OC 4:1, 4:2 OC 3:65, 3:66 OC 4:3, 4:4 OC 3:67, 3:68 OC 4:5, 4:6 OC 3:69, 3:70 OC 4:7, 4:8 OC 3:71, 3:72 OC 4:9, 4:10 OC 3:73, 3:74 5 4:11, 4:12 OC 3:75, 3:76 5 4:13, 4:14 OC 3:77, 3:78 5 4:15, 4:16 OC 3:79, 3:80 5 4:17, 4:18 OC [2] Supp. No. 11 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 4:19, 4:20 3 4:93, 4:94 OC 4:21, 4:22 3 4:95, 4:96 OC 4:23, 4:24 5 4:97, 4:98 OC 4:25, 4:26 5 4:99, 4:100 OC 4:27, 4:28 2 4:101, 4:102 OC 4:29, 4:30 5 4:103, 4:104 OC 4:30.1 5 4:105, 4:106 2 4:31, 4:32 2 4:107, 4:108 2 4:33, 4:34 2 4:108.1, 4:108.2 2 4:35, 4:36 2 4:108.3, 4:108.4 2 4:37, 4:38 2 4:108.5, 4:108.6 2 4:39, 4:40 2 4:108.7, 4:108.8 2 4:41, 4:42 2 4:108.9, 4:108.10 2 4:43, 4:44 2 4:108.11, 4:108.12 2 4:45, 4:46 2 4:108.13, 4:108.14 2 4:47, 4:48 2 4:108.15, 4:108.16 2 4:49 2 4:108.17, 4:108.18 2 4:51, 4:52 OC 4:108.19, 4:108.20 2 4:53, 4:54 OC 4:108.21, 4:108.22 2 4:55, 4:56 OC 4:108.23, 4:108.24 2 4:57, 4:58 OC 4:108.25, 4:108.26 2 4:59, 4:60 OC 4:108.27, 4:108.28 2 4:61, 4:62 OC 4:108.29, 4:108.30 2 4:63, 4:64 OC 4:109, 4:110 OC 4:65, 4:66 OC 4:111, 4:112 OC 4:67, 4:68 OC 4:113, 4:114 OC 4:69, 4:70 OC 4:115, 4:116 10 4:71, 4.72 OC 4:117, 4:118 10 4:73, 4:74 OC 4:118.1 10 4:75, 4:76 OC 4:119, 4:120 OC 4:77, 4:78 OC 4:121, 4:122 OC 4:79, 4:80 OC 4:123, 4:124 OC 4:81, 4:82 OC 4:125, 4:126 OC 4:83, 4:84 OC 4:127, 4:128 OC 4:85, 4:86 OC 4:129, 4:130 OC 4:87, 4:88 OC 4:131, 4:132 OC 4:89, 4:90 OC 4:133, 4:134 OC 4:91, 4:92 OC 4:135, 4:136 OC [3] Supp. No. 11 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp. No. Page No. Supp. No. 4:137, 4:138 OC 6:9,6:10 5 4:139, 4:140 OC 6:11,6:12 5 4:141,4:142 OC 6:13,6:14 5 4:143, 4:144 OC 6:14.1 5 4:145, 4:146 OC 6:15,6:16 OC 4:147, 4:148 OC 6:17,6:18 OC 4:1.49, 4:150 OC 6:19, 6:20 OC 4:151,4:152 OC 6:21, 6:22 11 4:1.53,4:154 OC 6:23, 6:24 11 4:155, 4:156 OC 6:24.1, 6:24.2 11 4:157 OC 6:24.3 11 5:1, 5:2 OC 6:25, 6:26 OC 5:3, 5:4 OC 6:27, 6:28 OC 5:5, 5:6 OC 6:29, 6:30 OC 5:7, 5:8 OC 6:31, 6:32 OC 5:9, 5:10 OC 6:33, 6:34 OC 5:11, 5:12 OC 6:35, 6:36 OC 5:13, 5:14 OC 6:37, 6:38 OC 5:15,5:16 OC 6:39, 6:40 OC 5:17, 5:18 OC 6:41, 6:42 OC 5:19, 5:20 OC 6:43, 6:44 OC 5:21, 5:22 OC 6:45, 6:46 OC 5:23, 5:24 OC 6:47, 6:48 OC 5:25, 5:26 OC 6:49, 6:50 OC 5:27, 5:28 OC 6:51, 6:52 5 5:29, 5:30 OC 6:53, 6:54 5 5:31, 5:32 OC 6:55, 6:56 5 5:33, 5:34 OC 6:57, 6:58 5 5:35, 5:36 OC 6:59, 6:60 5 5:37, 5:38 OC 6:60.1, 6:60.2 5 5:39, 5:40 OC 6:60.3 5 5:41, 5:42 OC 6:61, 6:62 OC 5:43, 5:44 OC 6:63, 6:64 OC 5:45 OC 6:65 OC 6:1,6:2 9 7:1,7:2 10 6:3, 6:4 OC 7:3 8 6:5, 6:6 OC 7:5, 7:6 8 6:7, 6:8 OC 7:7, 7:8 8 [4] Supp. No. 11 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 7:9,7:10 8 7:85, 7:86 11 7:11,7:12 8 7:86.1 11 7:13 8 7:87, 7:88 OC 7:15,7:16 OC 7:89, 7:90 OC 7:17, 7:18 3, Rev. 7:91, 7:92 1 7:19, 7:20 OC 7:92.1 1 7:21, 7:22 OC 7:93, 7:94 OC 7:23, 7:24 OC 7:95, 7:96 OC 7:25, 7:26 OC 7:97, 7:98 OC 7:27, 7:28 OC 7:99, 7:100 1 7:29, 7:30 30, Rev. 7:101, 7:102 1 7:31, 7:32 OC 7:103, 7:104 5 7:33, 7:34 OC 7:105, 7:106 5 7:35, 7:36 OC 7:106.1 5 7:37, 7:38 3 7:107, 7:108 OC 7:38.1 3 7:109,7:110 OC 7:39, 7:40 2 7:111, 7:112 OC 7:41, 7:42 OC 7:113, 7:114 OC 7:43, 7:44 OC 7:115, 7:116 OC 7:45, 7:46 OC 7:117, 7:118 5 7:47, 7:48 OC 7:118.1 5 7:49, 7:50 3 7:119, 7:120 OC 7:51, 7:52 5 7:121, 7:122 OC 7:53 5 7:123, 7:124 OC 7:55, 7:56 5 7:125, 7:126 2 7:56.1, 7:56.2 5 7:127, 7:128 8 7:56.3, 7:56.4 5 7:129, 7:130 8 7:57, 7:58 OC 7:130.1 8 7:59, 7:60 OC 7:131, 7:132 OC 7:61, 7:62 OC 7:133, 7:134 OC 7:63, 7:64 OC 7:135, 7:136 OC 7:65, 7:66 10 7:137, 7:138 OC 7:67, 7:68 10 7:139, 7:140 OC 7:69, 7:70 10 7:141, 7:142 OC 7:71, 7:72 10 7:143, 7:144 OC 7:73, 7:74 10 7:145, 7:146 5 7:75, 7:76 10 7:147, 7:148 5 7:83, 7:84 11 7:149, 7:150 OC [5] Supp. No. 11 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp. No. Page No. Supp. No. 7:151,7:152 2 7:227, 7:228 OC 7:153, 7:154 OC 7:229, 7:230 3 7:155, 7:156 OC 7:231, 7:232 5 7:157, 7:158 OC 7:233, 7:234 7 7:159, 7:160 OC 7:235, 7:236 8 7:161, 7:162 OC 7:237 8 7:163, 7:164 OC 8:1 OC 7:165, 7:166 OC 8:3, 8:4 OC 7:167, 7:168 OC 8:5, 8:6 3 7:169, 7:170 OC 8:7, 8:8 2 7:171, 7:172 OC 8:9, 8:10 8 7:173, 7:174 OC 8:11, 8:12 5 7:175, 7:176 OC 8:13 8 7:177, 7:178 3 9:1 OC 7:179, 7:180 3 9:3, 9:4 OC 7:181, 7:182 3 9:5, 9:6 10 7:183, 7:184 3 9:7, 9:8 10 7:185, 7:186 3 9:9,9:10 10 7:187 3 9:11, 9:12 10 7:189, 7:190 OC 9:13, 9:14 10 7:191, 7:192 OC 9:15, 9:16 10 7:193, 7:194 OC 9:17, 9:18 10 7:195, 7:196 OC 9:19, 9:20 10 7:197,7:198 OC 9:21, 9:22 10 7:199, 7:200 OC 9:23, 9:24 10 7:201, 7:202 OC 9:25, 9:26 10 7:203, 7:204 OC 9:27, 9:28 10 7:205, 7:206 OC 9:29 10 7:207, 7:208 OC 10:1 9 7:209, 7:210 OC 10:3,10:4 OC 7:211, 7:212 OC 10:5,10:6 OC 7:213, 7:214 OC 10:7,10:8 OC 7:215, 7:216 OC 10:9,10:10 OC 7:217, 7:218 OC 10:11,10:12 OC 7:219, 7:220 OC 10:13,10:14 OC 7:221, 7:222 OC 10:15,10:16 5 7:223, 7:224 OC 10:17,10:18 5 7:225, 7:226 OC 10:19, 10:20 11 a Supp. No. 11 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 10:21,10:22 11 11:67,11:68 5 10:23, 10:24 11 11:69,11:70 5 11:1,11:2 OC 11:70.1 5 11:3 OC 11:71,11:72 OC 11:5,11:6 5 11:73,11:74 OC 11:7,11:8 5 11:75,11:76 11 11:9,11:10 OC 11:77,11:78 11 11:11, 11:12 5 11:79,11:80 2 11:13,11:14 5 11:80.1 2 11:15,11:16 5 11:81, 11:82 OC 11:17,11:18 5 11:83,11:84 OC 11:19,11:20 5 11:85,11:86 2 11:20.1 5 11:87,11:88 OC 11:21,11:22 OC 11:89,11:90 OC 11:23,11:24 OC 11:91, 11:92 OC 11:25,11:26 OC 11:93,11:94 OC 11:27,11:28 10 11:95,11:96 OC 11:28.1 10 11:97,11:98 OC 11:29,11:30 OC 11:99,11:100 OC 11:31,11:32 OC 11:101,11:102 OC 11:33,11:34 11 11:103,11:104 OC 11:35,11:36 OC 11:105,11:106 6 11:37,11:38 OC 11:107,11:108 6 11:39,11:40 5 11:109,11:110 OC 11:41, 11:42 11 11:111,11:112 OC 11:42.1 5 11:113,11:114 OC 11:43,11:44 11 11:115,11:116 OC 11:45,11:46 OC 11:117,11:118 OC 11:47,11:48 11 11:119,11:120 OC 11:49,11:50 OC 11:121, 11:122 OC 11:51, 11:52 OC 11:123,11:124 OC 11:53,11:54 OC 11:125,11:126 OC 11:55,11:56 OC 11:127,11:128 OC 11:57,11:58 OC 11:129,11:130 OC 11:59,11:60 5 11:131,11:132 OC 11:61,11:62 5 11:133,11:134 OC 11:63,11:64 5 12:1, 12:2 4 11:65,11:66 5 12:3,12:4 OC [7] Supp. No. ] 1 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp. No. Page No. Supp. No. 12:5,12:6 OC LDC1:29, LDC1:30 10 12:7,12:8 3 LDCi:31, LDCi:32 9 12:9,12:10 OC LDCi:33, LDC1:34 8 12:11,12:12 5 LDC1:35, LDC1:36 8 12:13,12:14 4 LDCi:37, LDCi:38 8 13:1,13:2 OC LDCi:38.1 8 13:3,13:4 OC LDCi:39, LDCi:40 10 13:5,13:6 OC LDCiAl, LDCi:42 10 13:7,13:8 OC LDCi:43, LDCi:44 9 13:9,13:10 OC LDCi:45, LDCi:46 10 13:11,13:12 OC LDCi:47, LDCi:48 10 13:13,13:14 OC LDCi:49, LDC1:50 10 13:15,13:16 OC LDCi:51, LDC1:52 10 13:17,13:18 OC LDCi:53, LDCi:54 10 13:19,13:20 OC LDCi:55, LDC1:56 10 13:21,13:22 OC LDC1:57, LDCi:58 10 13:23, 13:24 OC LDC1:59, LDCi:60 10 13:25, 13:26 OC LDC1:61, LDCi:62 10 13:27,13:28 OC LDCi:63, LDCi:64 10 TOAD, TOA:2 3 LDCi:65, LDCi:66 10 TOA:3 3 LDC1:67, LDCi:68 10 CCT:l, CCT:2 5 LDCi:69, LDCi:70 10 CCT:3 11 LDCi:71, LDCi:72 10 LDCi:l, LDCi:2 10 LDCi:73, LDC1:74 10 LDCi:3, LDCi:4 OC LDCi:75, LDCi:76 10 LDCi:5, LDC1:6 5 LDC1:77, LDCi:78 10 LDCi:7, LDCi:8 5 LDCi:79, LDC1:80 10 LDCi:8.1 5 LDC1:81, LDC1:82 10 LDCi:9, LDCi:10 OC LDCi:83, LDCi:84 10 LDC1:11, LDCi:12 OC LDCi:85, LDCi:86 10 LDCi:13, LDC1:14 2 LDCi:87, LDC1:88 10 LDCi:15, LDC1:16 10 LDCi:89, LDC1:90 10 LDC1:17, LDC1:18 OC LDCi:91, LDCi:92 10 LDCi:19, LDCi:20 9 LDCi:93, LDCi:94 10 LDCi:21, LDCi:22 9 LDCi:95, LDCi:96 10 LDCi:23, LDCi:24 9 LDCi:96.1 10 LDC1:25, LDCi:26 9 LDCi:97, LDC1:98 OC LDCi:27, LDCi:28 9 LDCi:99, LDCi:100 OC Supp. No. 11 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. LDCi:101, LDC1:102 2 LDCi:167, LDCi:168 9 LDCi:103, LDCi:104 7 LDCi:168.1 9 LDCi:105, LDCi:106 10 LDCi:169, LDCi:170 OC LDCi:107, LDCi:107 10 LDCi:171, LDCi:172 OC LDCi:108.1, LDCi:108.2 10 LDCi:173, LDCi:174 OC LDCi: 109, LDCl: I10 OC LDCi:175, LDCi:176 10 LDCi:lll, LDCi:112 OC LDCi:177, LDCi:178 10 LDCi: 113, LDCl: 114 OC LDCi:179, LDCi:180 10 LDCi:115, LDCi:116 1 LDCi:181, LDCi:182 10 LDCi:116.1 1 LDCi:183, LDCi:184 10 LDCi:117, LDCi:118 OC LDCi:185, LDCi:186 10 LDC1:119, LDCi:120 OC LDC1:187, LDC1:188 10 LDCi:121, LDCi:122 OC LDCi:189, LDCi:190 10 LDC1:123, LDCi:124 9 LDCi:191, LDCi:192 10 LDCi:125, LDC1:126 10 LDCi:192.1 10 LDCi:127, LDCi:128 10 LDCi:193, LDCi:194 OC LDCi:129, LDCi:130 5 LDCi:195, LDCi:196 OC LDCi:131, LDCi:132 10 LDCi:197, LDCi:198 OC LDCi:133, LDC1:134 10 LDCi:199, LDCi:200 OC LDCi:135, LDC036 10 LDC1:201, LDCi:202 5 LDCi:137, LDCi:138 10 LDCi:203, LDCi:204 OC LDCi:138.1 10 LDCi:205, LDCi:206 OC LDCi:139, LDCi:140 9 LDCi:207, LDCi:208 OC LDCi:141, LDCi:142 1 LDCi:209, LDCi:210 10 LDCi:143, LDCi:144 1 LDCi:211, LDCi:212 10 LDCi:145, LDCi:146 OC LDCi:213, LDCi:214 10 LDCi:147, LDCi:148 4 LDC1:215, LDCi:216 5 LDC1:148.1 4 LDCi:217, LDCi:218 2 LDCi:149, LDCi:150 OC LDCi:219, LDCi:220 2 LDCi:151, LDCi:152 OC LDCi:220.1 2 LDCi:153, LDCi:154 10 LDCi:221, LDCi:222 OC LDCi:155, LDCi:156 4 LDCi:223, LDCi:224 1 LDCi:156.1 4 LDC1:225, LDCi:226 OC LDCi:157, LDCi:158 OC LDCi:227, LDCi:228 OC LDC1:159, LDCi:160 OC LDCi:229, LDCi:230 5 LDC1:161, LDCi:162 5 LDCi231, LDCi:232 9 LDCi:163, LDC1:164 5 LDC1:233, LDCi:234 9 LDCi:165, LDCi:166 10 LDCi:235, LDCi:236 9 [9l Supp. No. 11 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp. No. LDCi:237, LDCi:238 9 LDCi:239, LDCi:240 9 LDCi:241, LDCi:242 10 LDCi:243, LDCi:244 10 LDC1:245, LDCi:246 9 LDCi:247, LDCi:248 9 LDCi:249, LDCi:250 9 LDCi:251 9 [ 10] Supp. No. 11 SUPPLEMENT HISTORY TABLE The table below allows users of this Land Development Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Land Development Code Book and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Land Development Code Book and are considered "Omits." In addition, by adding to this table with each supplement, users of this Land Development Code will be able to gain a more complete picture of the Land Development Code's historical evolution. Ord. No. Into Adopted ImId+e/ Omit Supp. No. 10-026 9- 7-2010 Include 3 10-034 11- 9-2010 Include 3 10-036 12-21-2010 Include 3 11-005 2- 1-2011 Include 3 11-015 4-19-2011 Include 3 11-021 8- 2-2011 Include 3 11-031 12-20-2011 Include 4 11-002 12- 6-2011 Include 5 11-012 8- 2-2011 Include 5 I1-017 6-21-2011 Include 5 12-002 3-20-2012 Include 5 12-003 5-15-2012 Include 5 12-004 2- 7-2012 Include 5 12-008 3-20-2012 Include 5 12-009 4-17-2012 Include 5 12-010 2-14-2012 Include 5 12-014 10- 2-2012 Include 6 13-007 3- 5-2013 Include 7 13-016 4- 2-2013 Include 7 12-013 12- 4-2012 Include 8 13-037 8- 6-2013 Include 8 13-038 9- 3-2013 Include 9 2013-19 5-21-2013 Include 10 2013-39 12-17-2013 Include 10 2013-43 12-17-2013 Include 10 2013-44 12-17-2013 Include 10 14-019 9-16-2014 Inlcude 11 14-021 9-16-2014 Inlcude 11 St. Lucie County Land Development Code Supp. No. 11 SH:1 Adopted May 19, 2009 RESOURCE PROTECTION STANDARDS 6.02.02 2. No public funds from any level of government shall be used to improve or expand infrastructure within the coastal high hazard area unless such funds are necessary for at least one (1) of the following purposes: a. To provide services to structures that received a Preliminary or Final Develop- ment order prior to January 9, 1990; or, b. To provide adequate evacuation in the event of an emergency; or, C. To provide for recreational needs; or, d. To restore or enhance a natural resources; or, e. To provide for other water dependent uses that will not degrade the quality of water or other natural resources; or, f. To enhance the quality of natural resources. 6.02.02. Riverine Shoreline Protection. A. Purpose and Intent. The Board of County Commissioners recognizes that shorelines and adjacent upland areas along water bodies such as the Indian River Lagoon, St. Lucie River and its tributaries are valuable natural resources in need of protection. Shorelines and associated uplands provide riparian and aquatic habitat, aesthetic value, filter pollutants from storm water, prevent erosion and protect water quality. The purpose and intent of this section is to protect the function and values of shorelines and adjacent uplands by the establishment of shoreline buffers and regulations. B. St. Lucie River Shorelines. 1. Applicability. Shorelines adjacent to the St. Lucie River and associated natural creeks, tributaries, riparian wetlands and oxbows, as described below, are subject to the regulations contained herein. a. The North Fork of the St. Lucie River in unincorporated St. Lucie County from the Martin County Line north to the confluence with Five and Ten Mile Creeks; and b. Five Mile Creek in unincorporated St. Lucie County from the confluence of the North Fork of the St. Lucie River northwest to Edwards Road; and C. Ten Mile Creek in unincorporated St. Lucie County from the confluence of the North Fork of the St. Lucie River northwest to McCarty Road. 2. Shoreline Buffer Requirements. Development Regulations. Two (2) zones are hereby created. The boundaries of the zones and the restrictions applying to these zones are as follows: a. Zone A and Zone B Buffer Areas. Each Buffer Area shall be measured as follows: (1) Downstream of the Gordy Road structure; the area measured from the mean high water line (MHWL) landward; St. Lucie County Land Development Code Supp. No. 11 6:21 Adopted May 19, 2009 6.02.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (2) Upstream of Gordy Road structure; the area measured from the ordinary high water line (OHWL) landward, or (3) Adjacent riparian wetlands; the area measured from the landward bound- ary of Waters of the State, as defined by the Florida Department of Environmental Protection or South Florida Water Management District, whichever is greater, landward. b. Buffer Widths. (1) Zone A. Fifty (50) feet for platted lots of record prior to, and on August 1, 1989; and ii. Seventy-five (75) feet for platted lots of record after August 1, 1989 and unplatted lots. (2) Zone B. The buffer width for Zone B shall be three hundred (300) feet for all platted lots of record and unplatted lots. C. Buffer Regulations. (1) Zone A. i. Activities permitted in Zone A include the removal of non-native vegetation and/or the minimum alteration of native vegetation associ- ated with the construction of a permitted private access point or dock. An access path shall not exceed twenty (20) feet in width. ii. Activities prohibited in Zone A include any construction, development activities, motorized vehicles, and shoreline alteration, unless autho- rized by a variance granted in accordance with Section 10.01.30 of the St. Lucie County Land Development Code. iii. Zone A shall be preserved or planted with :native vegetation as approved by the Environmental Resources Director, or designee. If native vegetation does not exist within all, or a portion of Zone A the buffer shall be planted with native vegetation. Shoreline replanting shall be in accordance with the minimum planting requirements in Section 6.02.02(E). (2) Zone B. The following activities are prohibited in Zone B unless authorized by a variance granted in accordance with Section 10.01.30 of the St. Lucie County Land Development Code: i. Development activity that does not comply with St. Lucie County's flood damage prevention regulations (Section 6.05.00 of the St. Lucie County Land Development Code); ii. Public or private road rights-of-way (except for individual driveways and/or canal maintenance easements); St. Lucie County Land Development Code Supp. No. 11 6:22 Adopted May 19, 2009 RESOURCE PROTECTION STANDARDS 6.02.02 iii. Retention ponds or stormwater systems other than a berm and/or swale for the purpose of preventing sheet flow into the water body as approved by the Environmental Resources Director (except for lawfully permitted drainage conveyance outfalls); iv. New septic systems; V. Wastewater lift stations; vi. Petroleum, chemical, fertilizer or manure storage areas. SHORELINE BUFFER/LITTORAL ZONE CROSS SECTION (not to scale) Zone 8--300 feet Seawall with RipraAAittoral C. Indian River Lagoon Shorelines. 1. Applicability. Shorelines of any lot of record platted after August 1, 1989 adjacent to the Indian River Lagoon and associated natural creeks, tributaries, riparian wetlands and oxbows, including Taylor Creek between the submerged weir east of Rosarita Avenue northwest to the Fort Pierce Farms Water Control District Structure No. 1, are subject to the regulations contained herein. 2. Shoreline Buffer Requirements. a. Buffer Area. The Buffer Area shall be measured as follows: (1) The area measured from the mean high water line (MHWL) landward; (2) Adjacent riparian wetlands; the area measured from the landward bound- ary of Waters of the State, as defined by the Florida Department of Environmental Protection or South Florida Water Management District, whichever is greater, landward. St. Lucie County Land Development Code Supp. No. 11 6:23 Adopted May 19, 2009 6.02.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE b. Buffer Widths. The Indian River Lagoon Shoreline Buffer shall measure fifty (50) feet, unless physically impossible as in the case of Indian River Drive occurring within fifty (50) feet of the MHWL. C. Buffer Regulations. (1) Activities permitted in the Buffer include the removal of non-native vege- tation and/or the alteration of native vegetation associated with the con- struction of a permitted private access point or dock. (2) Activities prohibited in the Buffer include any construction, development activities, motorized vehicles, and shoreline alteration, unless authorized by a variance granted in accordance with Section 10.01..30 of the St. Lucie County Land Development Code. (3) The Buffer shall be preserved or planted with native vegetation as approved by the Environmental Resources Director, or designee. If native vegetation does not exist within all, or a portion of, the Indian River Lagoon Shoreline Buffer, the buffer shall be planted with native vegetation. Shoreline replant- ing shall be in accordance with the minimum planting requirements in Section 6.02.02.E. D. Hardened lArmored Shorelines. 1. New Construction. Installation of any new shoreline hardening or armoring in waterways as defined by Section 6.02.02(B) and Section 6.02.02(C) shall only be permitted when a Variance has been granted per Section 10.01.:30. In the absence of design criteria provided by the appropriate jurisdictional agency, the structure shall be constructed as follows: a. Seawalls shall include riprap installed at a minimum 2HJV slope and to the mean high water line (MHWL), ordinary high water line (OHWL), or four feet (4) above the bottom of the seawall, whichever is higher; unless otherwise certified by a Professional Engineer (P.E.). The riprap shall be planted with native vegetation at elevations as determined by the Environmental Resources Director, or designee. b. Hardened shorelines other than a seawall, shall include riprap installed at a minimum 2HJV slope, to the mean high water line (MHWL), ordinary high water line (OHWL); unless otherwise certified by a Professional Engineer (P.E.). The riprap shall be planted with native vegetation as detailed in D. 3. below. C. New construction projects are required to meet the shoreline buffer requirements as outlined in Sections 6.02.02 (B), (C), and (D). 2. Replacement Construction. Replacement of existing seawalls or other hardened shore- line armoring in waterways as defined by Section 6.02.02(B) and Section 6.02.02(C) shall be permitted only if no impacts to mangrove or seagrass are proposed unless authorized by a variance granted in accordance with Section 10.01.30 of the St. Lucie St. Lucie County Land Development Code Supp. No. 11 6:24 Adopted May 19, 2009 RESOURCE PROTECTION STANDARDS 6.02.02 County Land Development Code. New structures shall be constructed using the design criteria in D.l.a. and b. above or to the design criteria required by a state and/or federal jurisdictional agency. Replacement construction projects are required to meet the shoreline buffer require- ments as outlined in Sections 6.02.02 (B), (C), and (D). 3. Littoral Zone Planting Requirement. A minimum five (5) foot wide littoral zone is required and shall be planted with native aquatic vegetation as required in Section 6.02.02(B) and Section 6.02.02(C) unless otherwise approved by the Environmental Resources Director. 4. Water Control Structure Maintenance. Nothing in this section shall be construed to inhibit the revetment installation or maintenance, repair, or restoration of existing revetment around structures installed and maintained for the purpose of water control. All repair and restoration work shall implement appropriate best management practices to ensure that State water quality standards are met. E. Minimum Planting Requirements. 1. One (1) 25 -gallon tree species per nine hundred (900) square feet of buffer; and 2. One (1) 3 -gallon shrub species per one hundred (100) square feet of buffer; and 3. One (1) 1 -gallon groundcover species per nine (9) square feet of buffer; and 4. One (1) bare root or liner grass or herbaceous species per four (4) square feet of buffer shall be planted. 5. Where appropriate, the buffer shall include plants that are tolerant to inundation as a measure to minimize bank erosion and improve water quality. 6. Planting requirements shall not interfere with maintenance activities encumbered by a maintenance easement which has been granted by any governmental agency, including all 298 Districts including North St. Lucie River Water Control District and the Fort Pierce Farms Water Control District. F. Preserve Area Management Plan.. A Preserve Area Management Plan is required for shorelines that are impacted as part of a development permit. The Preserve Area Management Plan shall detail management of the Shoreline Buffer including native plant replanting, exotic removal, allowable uses, etc. The Preserve Area Management Plan shall be submitted at the time of application and approved by the Environmental Resources Director, or designee prior to issuance of a Vegetation Removal Permit. G. Exemptions. The following activities are exempt from the Shoreline Protection Regula- tions in Section 6.02.02, with conditions: 1. Existing lots of record as of August 1, 1989, adjoining the Indian River and its tributaries. 2. Activities conducted by 298 Water Control Districts (including Fort Pierce Farms Water Control District and North St. Lucie River Water Control District). Removal of St. Lucie County Land Development Code Supp. No. 11 6:24.1 Adopted May 19, 2009 6.02.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE native vegetation which is necessary for the construction of utilities including roads, streets, culverts, bridges, canals, ditches control structures, and utilities excluding staging areas and with the following conditions: a. Any disturbed area shall be restored to existing grade where feasible and planted with native vegetation within ninety (90) days of completion of construction. b. The shoreline shall be replanted according to the minimum planting require- ments in Section 6.02.02(E) within ninety (90) days of completion of construction. H. Violations. 1. Activities within the shoreline buffer not in compliance with the requirements of this section will be issued a Notice of Violation and/or Stop Work Order by The Environ- mental Resources Department or Code Enforcement requiring the cessation of all work. The Notice of Violation and/or Stop Work Order shall be served to any person performing work and a copy of the Order shall be posted upon the property visible from the street. A copy of the Notice of Violation and/or Stop Work Order shall also be sent by Certified Mail, return receipt requested, to the address of the! owner listed on the rolls of the St. Lucie County Property Appraiser. Posting of the notice on the subject property shall be prima facie evidence of the notice to owner. 2. In the event that the violation is not corrected within ninety (90) days from the date of Notice of Violation and/or Stop Work Order, the County may pursue code enforce- ment action following Sections 1-2-22 through 1-2-25 of the St. Lucie County Code of Ordinances. The Environmental Resources Director may recommend restoration of the buffer at the County's expense and the cost of restoration including the cost of plants, transportation, staff time, installation and maintenance, shall become a lien upon the property. (Ord. No. 13-038, Pt. A, 9-3-2013; Ord. No. 14-019, Pt. A, 9-16-2014) 6.02.03. Wetlands Protection. A. Generally. 1. Purpose: The purpose of this Section is to protect the wetlands of St. Lucie County from net loss. Wetlands provide the functions of floodwater storage, aquifer recharge, stormwater filtering, and habitat for fish and wildlife. 2. Permit Required: Any construction, dredging, filling, or alteration in, on, or over a jurisdictional wetland shall require a permit in accordance with this Section and Section 11.05.12 unless specifically exempted by Section 6.02.03(G) of this Code. B. Jurisdiction. 1. The County shall have regulatory authority over all wetlands as defined in Chapter II of this Code, with the exception of: a. Isolated wetlands, less than one -half -acre total area, entirely surrounded by uplands; and St. Lucie County Land Development Code Supp. No. 11 6:24.2 Adopted May 19, 2009 RESOURCE PROTECTION STANDARDS 6.02.03 b. Stormwater treatment and flood attenuation ponds as permitted by the South Florida Water Management District which are located behind a water control structure, with no overlap on wetlands. C. Manmade sewage treatment and percolation ponds as permitted by the Florida Department of Environmental Protection. 2. Permit applications for which the St. Lucie County Board of County Commissioners is the applicant shall be processed by other State and Federal agencies as appropriate. 3. Upon request, the Growth Management Director shall provide a wetlands jurisdic- tional determination of a specified parcel of land. The request shall include at least three (3) aerial photographs of the land at a scale of 1"=200' or less scale, with the subject property boundaries clearly marked. At the request of the Director, the land owner may be required to provide directions, access, or field marking of the subject parcel. Such jurisdictional determinations shall be considered accurate by the Director for a period of two (2) years, unless a subsequent request for jurisdictional determi- nation is made. C. Coordination with other Agencies. 1. The County permitting mechanism in this section is not intended to supersede or substitute for other permits required by state or federal agencies, but the County St. Lucie County Land Development Code Supp. No. 11 6:24.3 Adopted May 19, 2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.07.04 7.07.00. STORMWATER MANAGEMENT 7.07.01. Intent and Purpose. A. Intent. The intent of this Section is to: 1. Protect the surface water, groundwater and other natural resources by ensuring that stormwater runoff peak discharge rate, volumes, and pollutant loadings are managed to minimize the adverse impacts of erosion, sedimentation, flooding, and water pollution; 2. Accept and utilize the regulations of the South Florida Water Management District and the requirements of this Code for the design and construction of all surface water management systems. B. Purpose. The purpose of this Section is to: 1. Address stormwater management in order to protect, maintain, enhance the health, safety and general welfare of the citizens of St. Lucie County. 2. Implement the goals, objectives and policies of the St. Lucie County Comprehensive Plan. 7.07.02. Relationship to Other Stormwater Management Requirements. In addition to meeting the requirements of this Code, the design and performances of all stormwater management systems shall comply with all applicable regulations of the State of Florida and rules of the South Florida Water Management District. In all cases, the strictest of the applicable standards shall apply. 7.07.03. Status of Previous Approvals. Projects with unexpired development plans or development orders approved prior to the effective date of this Code shall meet the stormwater management requirements in effect on the date the development plan or development order was approved, provided that there are no changes or alterations to the development site that would be cause for the application of the requirements of Section 7.07.06 and 7.07.07. 7.07.04. Prohibitions. Unless exempted pursuant to Section 7.07.05, all development activities within the unincorporated areas of St. Lucie County shall be subject to the stormwater management design, permitting and construction requirements contained herein. For the purpose of submitting an application for a St. Lucie County Stormwater Management/Construction Permit (see Section 11.05.07) the following standards shall apply: A. A Category 1 Permit Application shall affect all development activities taking place on property qualifying for a South Florida Water Management Exemption under Chapter 62-330.051(4)—(14), F.A.C. St. Lucie County Land Development Code Supp. No. 11 7:83 Adopted May 19, 2009 7.07.04 ST. LUCIE COUNTY LAND DEVELOPMENT CODE B. A Category 2 Permit Application shall affect all development activities taking place on property qualifying for a South Florida Water Management District Permit under Chapter 62-330, F.A.C. The receipt of a South Florida Water Management District Environmental Resource Permit shall serve as prima facia evidence of compliance with the intent of this Code. (Ord. No. 14-021, § A, 9-16-2014) 7.07.05. Exemptions from Stormwater Permits. Permit requirements for stormwater management set out in this Code are waived for the activities listed below: A. Construction of one (1) residential structure upon any lot of record. B. Construction of one (1) duplex residential structure. C. Construction of one (1) tri-plex residential structure. D. Construction of storage buildings, sheds, swimming pools, and other accessory structures constructed on A, B and C above. E. Performance of maintenance work on existing mosquito control drainage canals for the purpose of public health and welfare. F. Performance of maintenance work on existing drainage canals, utilities or transpor- tation systems, provided such maintenance work does not alter the purpose, historical utilization and intent of the drainage system as constructed. G. Any maintenance to an existing structure. H. Bona fide agricultural operations and activities. 7.07.06. Stormwater Management Requirements. A. Chapter 62-330, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference as a part of this Code. B. The methodologies set forth in the South Florida Water Management District Environ- mental Resource Permit Information Manual shall be used in the design of stormwater management systems. (Ord. No. 14-021, § A, 9-16-2014) 7.07.07. Local Jurisdictional Permit Requirements. In accordance with the provisions of Chapter 40E-4, Florida Administrative Code, Section 40E-4.091(l)(a) and the "Environmental Resource Permit Applicant's Handbook, Volume II St. Lucie County Land Development Code Supp. No. 11 7:84 Adopted May 19, 2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.07.07 For Use Within the Geographic Limits of the South Florida Water Management District, October 1, 2013" Section 3.2, and as these two (2) documents may be amended from time to time, the following local design criteria shall be used in St. Lucie County: A. Discharge. Off-site discharge is limited to amounts which will not cause adverse off-site impacts. These amounts may be determined by one (1) or more of the following: 1. Historic pre -development discharges; 2. Amounts determined in previous SFWMD permit actions; 3. Amounts specified in SFWMD criteria (Applicant's Handbook Volume Il, Appen- dix A); 4. Amounts based on capacity of the downstream conveyance system; 5. Amounts imposed by local water control districts; 6. Amounts imposed through the study and evaluation of sub -basins throughout the County as a part of the County Stormwater Master Plan. Unless otherwise specified by previous SFWMD permits, SFWMD criteria, or the County Stormwater Master Plan, a storm event of three-day duration and twenty- five -year return frequency shall be used in computing allowable off-site discharge. Allowable discharges will be designated by the County Stormwater Master Plan or on a case by case basis by the SFWMD upon request. B. Local Government Criteria. All developers shall provide drainage and flood protection designed in accordance with the following: 1. Roads (lowest pavement elevation) Frequency - Ten (10) years Duration - One (1) day 2. Parking Lots (lowest pavement elevation) Frequency - Five (5) years Duration - One (1) hour C. Requirement for Dry Detention lRetention. Commercial or industrial zoned projects shall provide at least one -half-inch of dry detention or retention pretreatment as part of the required retention/detention. If percolation tests demonstrate that soil conditions are unfavorable, dry retention/detention areas, at a minimum, shall incorporate a trench system backfilled with clean/uniform fine sand which shall meet the following criteria: 1. Information to be supplied: a. Soil boring in location of retention/detention area. b. Detail drawing showing location and cross-section of trench system. 2. Minimum Surface Area (greater of): a. Six (6) square feet. b. Five percent (5%) of total retention area. St. Lucie County Land Development Code Supp. No. 11 7:85 Adopted May 19, 2009 7.07.07 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 3. Minimum Depth (greater of): a. Two (2) feet. b. One (1) foot below hardpan layer. C. 0.5 foot below wet season water table elevation. 4. Maximum Depth of four (4) feet. 5. Minimum Width of one (1) foot. D. All stormwater calculations, reports and plans shall be signed and sealed by a Florida Registered Professional Engineer. (Ord. No. 14-021, § A, 9-16-2014) 7.07.08. Failure to Maintain Stormwater Management Systems. No surface water management system shall be allowed to deteriorate into a health hazard caused by unmaintained vegetative cover or improper drainage. If the owner fails to maintain a stormwater management system, the County Engineer shall give such owner written notice of the nature of the corrective action necessary. Failure to take such corrective action within thirty (30) days shall constitute a violation hereunder subject to the enforcement procedures set forth in Section 11.13.00. 7.07.09. Applicability to Existing Development. An existing development must be brought into compliance with this article in conjunction with any of the following activities: A. Expansion of Total Area. 1. The total impervious area of a development is expanded to total four thousand (4,000) or more square feet. 2. If an existing development has a total impervious area of more than four thousand (4,000) square feet on the effective date of this Code or subsequently expands and/or alters its impervious area to exceed a total of four thousand (4,000) or more square feet, additions or alterations to the development shall require compliance with the provisions of this Code at a ratio of two (2) square feet of managed treatment area for every one (1) square foot of new or altered impervious surface. B. Change in Use. The use of a development is changed from residential to any non-residential use excluding any home occupation lawfully authorized under Section 8.01.00 of this Code. C. Change in Site Design. Any activity that requires the submission of a Site Plan or amended Site Plan and involves ten percent (10%) or more of the land area of the parcel. St. Lucie County Land Development Code Supp. No. 11 7:86 Adopted May 19, 2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.08.01 7.07.10. Permitting Procedures. The procedure for obtaining a stormwater management permit under the provisions of this Code are as described in Section 11.05.07. 7.08.00. UTILITIES 7.08.01. Requirements for all Developments. A. All development in areas not provided with central sewer services shall be in accordance with Chapter 381.0065, F.S., which regulates on-site sewage disposal systems, and Chapter 10D-6, F.A.C. which regulates the installation of individual sewage disposal facilities. St. Lucie County Land Development Code Supp. No. 11 7;86.1 Adopted May 19, 2009 HARDSHIP RELIEF 10.01.30 F. Conditions for Variances. 1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 2. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship; and, C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (Ord. No. 11-031, Pt. B, 12-20-2011; Ord. No. 12-010, Pt. B, 2-14-2012) 10.01.26-10.01.29. Reserved. 10.01.30. Request for a Variance from Riverine Shoreline Protection Regulations. A. Request for Variance. 1. Purpose and Intent. The purpose and intent of this section is to define the procedures and standards for granting a variance from Riverine Shoreline Protection Regulations in Section 6.02.02. 2. Procedures. a. A request for variance shall be submitted by the applicant in writing to the Environmental Resources Director, or designee, in a form approved by the Environmental Resources Director and accompanied by a non-refundable fee, as established by the Board of County Commissioners. The request for variance shall include documentation of how the project qualifies for a variance. b. Within twenty (20) business days after an application has been submitted, the Environmental Resources Director shall determine whether the application is complete. If the Director determines that the application is not complete, the applicant will be notified in writing via certified mail of the application's deficiencies. The Director shall take no further action on the application unless the deficiencies are remedied. C. Within twenty (20) business days of the date the application the Environmental Resources Department shall provide notification by mail to all property owners who own real property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll, and to all property owners who own real property within five hundred (500) feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls. Notices shall be assigned a specific St. Lucie County Land Development Code Supp. No. 11 10:19 Adopted May 19, 2009 10.01.30 ST. LUCIE COUNTY LAND DEVELOPMENT CODE return date, not less than ten (10) calendar days from the date the notice was mailed, in order to be entered into the record for consideration in the variance decision. d. Within forty (40) business days of the date the application is determined complete, Environmental Resources Department staff and Public Works Depart- ment staff shall review and provide findings and a recommendation of approval, approval with conditions, or denial of the application to the Environmental Resources Director and the Public Works Director. The recommendation will be based on whether the project meets the Standards for Issuance of a variance from Riverine Protection Regulations (Section 10.01.30.13) and other applicable Land Development Code requirements or Comprehensive Plan policies. e. The Environmental Resources Director and the Public Works Director shall consider the application, findings, staff recommendation and any other informa- tion provided by the applicant, public and other interested parties. Within ten (10) working days after receipt of the recommendation from staff the Environ- mental Resources Director and the Public Works Director shall approve, approve with conditions, or deny the variance request. B. Criteria for Granting a Variance From Riverine Shoreline Protection Regulations. 1. Standards of Review. A Variance from the Riverine Shoreline Protection Regulations in Section 6.02.02 may be granted if the applicant demonstrates to the satisfaction of the Environmental Resources Director that the project meets the following criteria: a. Unnecessary Hardship. Denial of the variance request would result in a hardship for the applicant (versus a mere inconvenience) such as, but not limited to, severe property loss or damage and unsafe conditions. b. Circumstances Beyond Control of Applicant. The conditions warranting a vari- ance were created by circumstances, and/or actions beyond the applicant's control. C. No Adverse Impact to Adjacent Shorelines. Granting the variance will not adversely affect adjacent shorelines or injure other property or improvements in the immediate vicinity. This standard of review is based on physical findings and fact. Facts provided by other interested parties and the public will be given equal consideration. d. No Water Quality Impacts. Granting the variance will not adversely affect water quality or contribute to erosion or siltation of the adjacent waterbody and shorelines. e. Minimum Necessary. The project is the minimum necessary for reasonable protection and/or use of the land, building or structures. f. Achieves the General Intent and Purpose of the Land Development Code and Goals, Objectives and Policies in the Comprehensive Plan. St. Lucie County Land Development Code Supp. No. 11 10:20 Adopted May 19, 2009 HARDSHIP RELIEF 10.03.00 2. Conditions of Approval for Granting a Variance. When granting a variance request, the Environmental Resources Director, and the Public Works Director or designees, may impose conditions, including, but not limited to, limitations on areal extent and scope of the project, restricted use, planting requirements, conservation of additional shoreline buffer and erosion control, etc. which meet the intent and purposes of the Land Development Code and the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan. C. Expiration and Extension. 1. Expiration. Variances shall be valid for one (1) year from date of issuance, unless a Building Permit is issued. 2. Extension. Applications for a time extension must be made in writing to the Environ- mental Resources Director a minimum of thirty (30) calendar days prior to expiration of the variance. Variances may only be extended one (1) time for a maximum of twelve (12) months. D. Amendment. Avariance from Riverine Shoreline Protection Regulations may be amended, extended, or modified only in accordance with the procedures established for its original approval. E. Appeal. Any party aggrieved by a decision may appeal such decision to the Board of Adjustment pursuant to Section 11.11.01 of this Code. (Ord. No. 13-038, Pt. A, 9-3-2013; Ord. No. 14-019, Pt. A, 9-16-2014) 10.01.31-10.01.34. Reserved. 10.02.00. TRANSFERABLE DEVELOPMENT RIGHTS—(RESERVED) 10.03.00. EMINENT DOMAIN WAIVER An eminent domain waiver is intended to provide property owners a viable and fair alternative to the adverse impact on their property, as a result of an eminent domain action. It allows the continued use of the remainder parcel in a manner similar to its pre-acquisition condition. Waivers provided herein can be obtained for nonconforming lots and structures. Waivers cannot be granted for nonconforming uses. Sections 10.03.00 and 10.03.01 shall be applicable only after the Board of County Commissioners adopts a resolution approving the use of eminent domain waiver for specific public projects. The County will mail notification via certified mail to the property owner and acquiring authority (if the County is not the acquiring authority) at least ten (10) days prior to the meeting date for the resolution to be considered by the Board of County Commissioners. St. Lucie County Land Development Code Supp. No. 11 10:21 Adopted May 19, 2009 10.03.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE A. Applicability. 1. Vacant parcels, whether conforming or non -conforming lots, shall be eligible for an eminent domain waiver from, including, but not limited to, minimum lot size requirements, pursuant to Section 10.03.00, Land Development Code. 2. Developed parcels. Where an eminent domain action reduces the lot size and creates a nonconforming remainder parcel but does not require the relocation of site features, said parcel shall be eligible for an eminent domain waiver from the Land Development Code such as but not limited to, minimum lot size, and building coverage requirements, pursuant to Section 10.03.00, Land Develop- ment Code. 3. Developed parcels. Where an eminent domain action requires the relocation of site features such as but not limited to, buildings, parking spaces, landscaping, storm water facilities, dumpsters, light poles and signs such a parcel shall be eligible for an eminent domain waiver, pursuant to Section 10.03.00, St. Lucie County Land Development Code. B. The acquiring authority and/or the property owner are each hereby granted the authority to apply for a waiver from the Land Development Code on a remainder parcel that has resulted or will result from an eminent domain action. The application may be made prior to or after the acquiring authority obtaining title to some part of the parent tract. C. Procedure to apply for an eminent domain waiver. 1. Either the acquiring authority or the property owner shall file for an eminent domain waiver application within six (6) months from the entry of an Order of Taking with the County Administrator or designee. The applicable fee, estab- lished by resolution, shall be submitted with the application in addition to the following documents: a. A boundary survey prepared according to the current standards of Chapter 5J-17, Florida Administrative Code, as may be amended, of the parent tract and a legal description of the portion to be acquired and the remainder parcel shall be submitted for those circumstances described in Section 10.03.00A above. The boundary survey shall show the parent tract and the remainder parcel including, but not limited to, buildings, parking, landscap- ing, sprinkler systems, storm water facilities, wells and septic systems, lighting features, fences, signage, easements of record, adjacent rights of ways and topographic data. b. A site plan (a cure plan as defined herein) showing the parent tract and the remainder parcel with the proposed changes to the site including, but not limited to, buildings, parking, landscaping, storm water facilities, topo- graphic data and adjacent right-of-way. A cure plan shall be required only for those parcels described in Section 10.03.00A3 above. St. Lucie County Land Development Code Supp. No. 11 10:22 Adopted May 19, 2009 HARDSHIP RELIEF 10.03.01 If an application for a waiver is submitted by an acquiring authority, the property owner shall be mailed notification via certified mail (return receipt requested) by the County Administrator or designee within ten (10) days of the application submittal date. Likewise, if the property owner applies for a waiver, the acquiring authority shall be mailed notification via certified mail (return receipt requested) by the County Administrator or designee within ten (10) days of the application submittal date. After the Board of County Commissioners adopts a resolution approving the use of eminent domain waiver for a specific project, the Board of Adjustment (BOA) shall consider the request for an eminent domain waiver at a public hearing. The public hearing may be continued by the BOA to a fixed date, time and place. After the conclusion of the public hearing, the BOA shall approve, approve with modifications or deny the request for an eminent domain waiver by resolution which shall constitute the final action of the BOA. The property owner shall not be required to implement the waiver or cure plan approved by the BOA. D. Standards of issuance of eminent domain waivers. 1. If an existing lot, parcel or structure becomes nonconforming (or an existing nonconformity becomes less conforming) as a result of a governmental acquisi- tion, a waiver may be granted provided a determination is made that: a. The requested waiver shall not adversely affect safety, aesthetic or environ- mental conditions of neighboring properties; and b. The requested waiver shall not adversely affect the safety of pedestrians or operations of motor vehicles; and C. The requested waiver will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the taking and/or construction of the roadway or other facility including, but not limited to, aesthetic, noise, dust, vibration, safety, land use compatibility, environmental or other impacts. d. The remainder parcel shown on the As -built drawing and the cure plan shall be the site on which compliance with the Land Development Code must be shown. All calculations shall be based upon the acreage of the remainder parcel. 2. Eminent domain waivers are not restricted by the variance limitations in Section 10.01.03 of the St. Lucie County Land Development Code. (Ord. No. 11-005, Pt. C, 2-1-2011) 10.03.01. Status of parcels during or after acquisition by eminent domain action. A. Where a waiver is issued pursuant to Section 10.03.00, Land Development Code, the waiver shall become effective and the remainder parcel shall be considered compliant to the degree feasible after an acquiring authority takes interest in or title to real property subject to an eminent domain action. St. Lucie County Land Development Code Supp. No. 11 10:23 Adopted May 19, 2009 10.03.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE B. Where a property owner accepts a waiver on a vacant parcel or where no cure plan was necessary, the waiver shall remain valid and applicable to the remainder parcel indefinitely. However, future site plan and building permit approvals shall comply with all provisions in the Land Development Code except those listed in the waiver. For developed parcels, the extent to which a remainder parcel has received specific exceptions listed in a waiver, those exceptions may not be increased or expanded by future development plans, site plans or building permits. C. Where a private property owner accepts a waiver based upon a cure plan, the physical changes to the remainder parcel, specified in the cure plan, shall occur within three hundred sixty-five (365) days from the date the acquiring authority takes an interest in or title to some part of the parent tract. Future site plan and building permit approvals shall comply with all provisions in the Land Development Code except those listed in the waiver. Within the three hundred sixty-five (365) -day time period, described above, the property owner may apply to the County Administrator for a one (1) time extension of up to three hundred sixty-five (365) additional days. Further extensions may be granted by the County Administrator only in the event that compensation from the condemning authority has not been resolved within the first two (2) three hundred sixty-five (365) -day periods. D. The provisions of Section 10.03.00, Land Development Code shall not be interpreted to allow for the continued existence of building or safety code violations that are determined to be a threat to the public health, safety or welfare. E. The County shall continue to enforce all applicable building and safety codes even through the subject property is part of a pending governmental acquisition. (Ord. No. 11-005, Pt. C, 2-1-2011) St. Lucie County Land Development Code Supp. No. 11 10:24 Adopted May 19, 2009 ADMINISTRATION AND ENFORCEMENT 11.02.09 scale as the project site plan. All boundary surveys shall have been prepared within the 12 months prior to the application for site plan being filed and shall contain at a minimum the following information, as applicable: 1. location of the Coastal Construction Control Line, along with all necessary recording data, 2. The location of the Mean highwater, or safe upland line, along with a description of how these lines were determined, 3. The location of all submerged lands, 4. The limits and elevations of any jurisdictional wetlands, which shall contain bearing and distance information used in determining the extent of these areas, along with the identification of the agency or agencies claiming jurisdiction. 5. The location of all existing improvements. 6. Acreage certifications of all lands lying above mean high water or the safe upland line; and, 7. All boundary surveys are to be tied to a monumented section line or the nearest 1/4 section line, and shall be so noted on the boundary survey. e. Identification of legal positive outfall, if applicable. f. The boundaries of the one hundred (100) -year floodplain, including all sub -zones within the one hundred (100) -year floodplain and an identification of the minimum required first floor elevations for all parts of the proposed development site. g. Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto, through, or around the project. h. Available preliminary drainage information that is to be submitted to the South Florida Water Management District intended to serve as the basis for issuance of its permit under Chapter 62-330 F.A.C., if applicable. An illustrative plan of the existing vegetative conditions on the project site, including an identification of what areas will be impacted by the proposed development activity and what areas are proposed for protection/preservation. All vegetative survey information shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and shall be the same scale as the project site plan. 3. Proposed Development Activity and Design. All site detail sheets shall be submitted on a sheet size twenty-four (24) by thirty-six (36) inches and at a scale no smaller than one (1) inch equals fifty (50) feet, all dimensions in decimals, unless otherwise approved in writing by the Growth Management Director during the pre -application conference. For large projects, a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: a. The location of the property by lot number, block number, and street address, if any. St. Lucie County Land Development Code Supp. No. 11 11:33 Adopted May 19, 2009 11.02.09 ST. LUCIE COUNTY LAND DEVELOPMENT CODE b. The boundary lines of the property, the dimensions of the property, existing subdivision easements, roadways, rail lines, and public rights-of-way. C. The location and dimensions, including height, of all buildings and structures. This shall include types of uses, density per type of structure and the type of construction as indicated in Table 600 of the Standard Building Code, 1994 ed. d. The identification of the maximum buildable area of each lot or parcel within the proposed development, based upon the minimum building setbacks of the particular zoning district in which the development is located. e. The location and dimension of parking and loading areas. Fire Lanes shall be required for all buildings that are set back more than one hundred and fifty (150) feet from any roadway (public or private) or any structure more than thirty feet (30) in height, which is setback fifty feet (50) or more feet from any roadway. Variations to this requirement may only be approved by the St. Lucie County - Fort Pierce Fire Bureau of Fire Prevention.. All fire lanes shall be a minimum of twenty (20) feet in width and shall be located a minimum of ten (10) feet from any exterior building wall.. All fire lanes shall be appropriately marked and shall be posted as no parking areas. Dead end fire lanes exceeding three hundred (300) feet or more shall be provided with a cul-de-sac, to the requirements of the St. Lucie County -Ft. Pierce Fire Prevention Bureau. f. The location of water disposal and water supply facilities. The site plan shall indicate the size and location of all water distribution lines, (existing and proposed) and shall identify the location of all fire hydrants (existing and proposed) on the proposed development site and within one thousand (1000) feet of the proposed development site. g. The locations of existing (site plans and subdivisions) and proposed (subdivision only) easements for utility systems, including sewage facilities and water supply facilities, electric, gas, and telephone lines. h. The location of all drainage retention areas and major drainage improvements. i. The location and configuration of all public and private roadways for a distance of one hundred fifty (150) feet from all project access points. j. The location of the existing and proposed circulation system of arterial and collector streets and any other transportation improvements. k. The location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites, rights of way and other public uses. The pedestrian circulation system, including its interrelationship with the vehicular circulation system. St. Lucie County Land Development Code Supp. No. 11 11:34 Adopted May 19, 2009 ADMINISTRATION AND ENFORCEMENT 11.02.10 parcel of land during all phases of development. These best manage- ment practices shall consider the impacts of onsite development activity on adjacent parcels of land, so as to avoid soil erosion, sediment loss, and degraded water quality on the adjacent parcels of land. Recommendations should be obtained from the St. Lucie County Soil and Water Conservation District. C. A plant and animal survey for onsite federal and state protected species as defined in Chapter II. A compiled list of these plants and animals shall be maintained by the Growth Management Director. Locations of all identified species shall be depicted on a map. d. A surface water management plan and written assessment which demonstrates consistency with the appropriate policies set out in this Code, including a description of the techniques to be used to prevent both the potential degradation of surface water resources and an increase in flood hazard damage. e. A shoreline stabilization plan and assessment which demonstrates consistency with the appropriate policies set out in this Code, including beach or dune restoration and maintenance or Indian River Lagoon shoreline stabilization to reduce or control erosion. (Ord. No. 12-003, Pt. J, 5-15-2012; Ord. No. 14-021, § A, 9-16-2014) 11.02.10. Submittals for Planned Development Site Plans. A. Preliminary Site Plan Requirements. A Preliminary Site Plan shall include the following information: 1. General Information: a. The applicant's name and address. b. The applicant's interest in the subject property. C. The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application. d. The street address and a legal description of the property proposed to be reclassified as a Planned Development. e. The present zoning classification and existing uses of the subject property proposed to be reclassified. f. A statement of planning objectives to be achieved by the proposed Planned Development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed develop- ment and the rationale behind the assumptions and choices made by the applicant. St. Lucie County Land Development Code Supp. No. 11 11:41 Adopted May 19, 2009 11.02.10 ST. LUCIE COUNTY LAND DEVELOPMENT CODE g. A statement of the total number and type of dwelling units to be constructed; parcel size; approximate lot coverage of buildings and structures; approximate gross and net area of all non-residential facilities, and an explanation of their use; residential densities; and approximate gross and net amounts of open space. h. Information on land areas adjacent to the proposed Planned Development and an indication of the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densi- ties, automobile and pedestrian circulation systems, public facilities, and unique natural features of the land. i. A statement describing how the Planned Development is consistent with the St. Lucie County Comprehensive Plan. j. A development schedule indicating the approximate date construction of the Planned Development or stages of the Planned Development can be expected to begin and be completed. k. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the Planned Development, such as land areas, dwelling units, and commercial facilities. 2. Existing Conditions: a. An aerial photograph of the property on which the development activity is to take place. The aerial used to satisfy this requirement may be obtained from the St. Lucie County Property Appraiser. b. Detailed location sketch with section, township and range,. C. A topographic survey of the entire project site, prepared iri accordance with the current standards of Chapter 61G17-6 FAC, which shall include, at a minimum: the project boundaries, a north arrow, a scale indicator, bench mark information (NGVD) and; 1. One (1) foot contours shall be shown and shall extend at least 50 feet around the project site, except that the Growth Management Director may autho- rize partial relief from this standard when the following conditions exist: a. Existing grade conditions, throughout the site are such that one foot contours would not be discernable. In these instances, contours at two (2) foot intervals may be provided; and/or, b. Existing grade conditions, over the entire site, vary less then two feet above base elevation. 2. A sufficient number of spot elevations shall be shown to support the contour information and to accurately reflect the site topography. All topographic surveys shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and shall be the same scale as the project site plan. St. Lucie County Land Development Code Supp. No. 11 11:42 Adopted May 19, 2009 ADMINISTRATION AND ENFORCEMENT 11.02.10 a sheet size twenty-four (24) inch by thirty-six (36) inch and shall be the same scale as the project site plan. All boundary surveys shall have been prepared within the 12 months prior to the application for site plan being filed and shall contain at a minimum the following information, as applicable: 1. location of the Coastal Construction Control Line, along with all necessary recording data, 2. The location of the mean highwater, or safe upland line, along with a description of how these lines were determined, 3. The location of all submerged lands, 4. The limits and elevations of any jurisdictional wetlands, which shall contain bearing and distance information used in determining the extent of these areas, along with the identification of the agency or agencies claiming jurisdiction. 5. The location of all existing improvements. 6. Acreage certifications of all lands lying above mean high water or the safe upland line; and, 7. All boundary surveys are to be tied to a monumented section line or the nearest 1/4 section line, and shall be so noted on the boundary survey. e. Identification of legal positive outfall, if applicable. f. The boundaries of the one hundred (100) -year floodplain, including all sub -zones within the one hundred (100) -year floodplain and an identification of the minimum required first floor elevations for all parts of the proposed development site. This information should be depicted on the projects boundary surveys g. Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto, through, or around the project. h. Available preliminary drainage information that is to be submitted to the South Florida Water Management District intended to serve as the basis for issuance of its permit under Chapter 62-330 F.A.C., if applicable. An illustrative plan of the existing vegetative conditions on the project site, including an identification of what areas will be impacted by the proposed development activity and what areas are proposed for protection/preservation. All vegetative survey information shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and shall be the same scale as the project site plan. 3. Proposed Development Activity and Design. All site detail sheets shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and at a scale no smaller than one (1) inch equals fifty (50) feet, all dimensions in decimals, unless otherwise approved in writing by the Growth Management Director during the pre -application St. Lucie County Land Development Code Supp. No. 11 11:43 Adopted May 19, 2009 11.02.10 ST. LUCIE COUNTY LAND DEVELOPMENT CODE conference . For large projects, a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: a. The location of the property by lot number, block number, and street address, if any. b. The boundary lines of the property, the dimensions of the property, existing subdivision easements, roadways, rail lines, and public rights-of-way. C. The approximate location of all buildings, structures or concentration of uses. This shall include types of uses, and density per type of structure. d. The approximate location and dimension of parking and loading areas. e. The location of all primary on-site wastewater disposal and water supply facilities. f. The locations of existing easements for utility systems, including sewage facilities and water supply facilities, electric, gas, and telephone lines. g. The approximate location of all drainage retention areas and major drainage improvements. h. The location and configuration of all public and private roadways for a distance of one hundred fifty (150) feet from all project access points. i. The approximate location of the existing and proposed circulation system of arterial and collector streets and any other transportation improvements. j. The approximate location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites, rights of way and other public uses. k. The pedestrian circulation system, including its interrelationship with the vehicular circulation system. 1. Proposed landscaping, including the types, location, of all plants or materials, and the location of fences or screen plantings. m. The approximate location, size, and arrangement of all existing or proposed signs or lighting. n. Boundaries depicting construction phases, if applicable. o. The approximate location and dimension of all proposed lots and all yard requirements, if applicable. p. The location and dimension all paved areas within fifty (150) feet of the outside property boundaries. q. A transportation impact report in accordance with the requirements of Section 11.02.09(A)(4), if applicable. r. An environmental impact report in accordance with the requirements of Section 11.02.09(A)(5), if applicable. St. Lucie County Land Development Code Supp. No. 11 11:44 Adopted May 19, 2009 ADMINISTRATION AND ENFORCEMENT 11.03.01 5. A detailed landscaping plan showing the location, size and type of vegetation for all common use areas, entry and perimeter treatment areas. Representative landscape plans shall be required for all structural uses within the Planned Development. All final landscape plans are to be prepared, signed and sealed by a registered Florida Landscape Architect. 6. Conceptual design drawings of all multi -family and nonresidential buildings to be erected within the development (except for minor accessory and service facilities). For those development projects erecting detached single family dwellings, submission of conceptual floor plans will not be required, but in their place shall be the required submission of the overall project design standards that will be used to guide the appearance of the planned development. 7. Conceptual utility and drainage plans, signed and sealed by a registered engineer. 8. Preliminary record plat submissions in accordance with the provisions of Section 11.03.02, of this Code, including copies of all internal homeowners or property owners association documentation describing the responsibilities/liabilities of the property purchasers. 9. The final development construction schedule. 10. Any other information required under the Preliminary Planned Development Site Plan approval. (Ord. No. 14-021, § A, 9-16-2014) 11.03.00. PROCEDURE FOR PLATTING 11.03.01. Platting Requirements. A. Generally. Where a proposed Minor Site Plan, Major Site Plan, or Planned Development includes the subdivision of land, a condition of the Final Development Order shall be approval by the Board of County Commissioners of a plat conforming to the site plan and the provisions of this Section. The plat requirements of this Section require review and approval of construction plans, a preliminary record plat and a final record plat. B. Exceptions to Platting. The only exceptions to this platting requirement are: 1. If the application for a building permit is for the development of a single-family dwelling unit or duplex on a Lot of Record as of August 1, 1990; or, 2. If the application for building permit is for the development on a multi -family or non-residential parcel which is less than five (5) acres in size on a Lot of Record as of August 1, 1990; or, 3. Division of land into parcels of not less than 20 acres each where no new streets or easements of access are planned to be dedicated and accepted by the public. Deeds and other conveyances shall include in red, ten point type, the following statement: "NO GOVERNMENTAL AGENCY, INCLUDING ST. LUCIE COUNTY IS RESPONSIBLE St. Lucie County Land Development Code Supp. No. 11 11:47 Adopted May 19, 2009 11.03.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE PROPERTY HEREIN CONVEYED." 4. The conveyance of land to a federal, state, county, or municipal governmental agency, entity, political subdivision, or a public utility as defined herein. C. Dry Model Construction. The Board of County Commissioners shall by agreement allow a building permit(s) for a maximum of four (4) residential units to be issued after approval of a Preliminary Record plat and construction plans but before approval of a Final Record Plat, provided no certificate of occupancy is issued prior to recordation of the Final Plat. D. Requirements for Geodetic Control. A minimum of two boundary monuments for all plats shall be tied by a closed field traverse to the nearest approved St. Lucie County Geodetic Control Station and Azimuth Mark, or to other control points established by a Global Positioning System (GPS), or any St. Lucie County Traverse Stations, or any horizontal Control Stations which are listed with the National Geodetic Survey. Field traverse from the Plat Boundary to the control stations shall meet the minimum closure standards specified within Chapter 61G17-6, Florida Administrative Code. Copies of all field notes of the geodetic tie in and traverse closure shall be submitted with all preliminary plat submittals. E. Requirements for Digital Plat Submissions. Prior to the recording of any final plat consisting of 10 or more lots, a CAD file in a DWG or DXF format shall be provided to St. Lucie County showing all final plat survey data. The purpose of this CAD file is to facilitate direct updates to the County's Geographic Information System (GIS). The coordinate positions within this file should be rotated and translated to North American Datum of 1983/adjustment of 1990 (NAD 83/90), State Plane Coordinates, Florida East Zone. Conversion of ground distance to grid distance will not be required. Proposed plats of less than ten (10) lots shall not be required to submit a digital copy of the final record plat, except that where available, the submission of this material is encouraged. 11.03.02. Review of Construction Plans and Preliminary Record Plats. A. Filing With County Engineer. After receiving plat -contingent site plan approval, the developer shall submit to the County Engineer all construction plans and preliminary record plats prepared in accordance with the requirements of F.S. Ch. 177, and all other information necessary to determine compliance with the approved site plan, the provisions of this Code and other applicable provisions of the St. Lucie County Code and Compiled Laws. Included with this submission material shall be all construction plans for any proposed utility improvements which shall be distributed by the County Engineer to the service provider for review. B. Application Contents. The County Engineer shall be responsible for the preparation of an application form for all construction drawings and record plat materials. St. Lucie County Land Development Code Supp. No. 11 11:48 Adopted May 19, 2009 ADMINISTRATION AND ENFORCEMENT 11.05.06 e. The replanting design shall include adequate understory and ground cover plants and materials as necessary to replicate the existing native habitat that was improperly removed or disturbed; f. When the property being developed is not appropriate for on-site mitigation, the developer may mitigate off site on public lands in the County in the following manner: 1. Obtain written permission from the appropriate public entity to implement the necessary replanting plan. The developer shall provide all necessary services to implement the replanting plan, including but not limited to funding, plant materials and labor; or 2. Contribute two hundred dollars ($200.00) per inch DBH required for mitigation to the County to be used at the County's discretion for either the acquisition and maintenance of publicly owned environmentally unique lands, or to be used for relocating or replanting native trees on public lands. Any such work shall be performed by a qualified professional. g. In the event that the Public Works Director, or his/her designee is unable to determine the D.B.H. of trees removed through the improper land clearing activity, the Public Works Director, or his/her designee shall request that the developer provide documentation verifying the number, type and size of all trees removed. If the developer cannot provide this information, or if this information is determined by the Public Works Director, or his/her designee to be incomplete, the Public Works Director, or his/her designee may develop an estimate of the number, type and sizes of the trees removed. In determining this estimate, the Public Works Director, or his/her designee shall use any and all available historical date and data of record for the property including, but not limited to, recent aerial and ground photography of the site; site plan or survey data on file or that is otherwise available to the County, and any other credible information that can be used to provide an accurate representation of the property before it was improperly cleared. Vegetation removed without prior approval shall be presumed to have been in good condition. In the event that the developer disputes or otherwise does not agree with the estimate determined by the Public Works Director, or his/her designee, the developer may appeal this determination to the County Administrator. In the event that the developer does not agree to the decision of the County Administrator, the developer may appeal that determina- tion to the Board of County Commissioners consistent with the procedures described in Section 11.11.01(B)(2) of this Code. As part of the mitigation agreement approved by the Public Works Director, or his/her designee the property owner shall submit to an inspection of the planted/preserved materials eighteen (18) months after the approval of the mitigation agreement. If it is determined that the mitigated planted or preserved trees and other materials are dead, diseased or otherwise not in compliance with the provisions of this Code and the original approved mitigation plan, the St. Lucie County Land Development Code Supp. No. 11 11:75 Adopted May 19, 2009 11.05.06 ST. LUCIE COUNTY LAND DEVELOPMENT CODE property owner shall be provided notice and directed to correct any observed deficiencies and replace all noncompliant trees within sixty (60) days. Failure to maintain all required mitigation shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. G. Appeals. Except as provided for in paragraph (F)(2)(g) above, any final action by the Public Works Director, or his/her designee may be appealed to the Board of Adjustment, in accordance with the provisions of Section 11.11.00 of this Code. 11.05.07. Stormwater Permits. A. Application for Permit. Unless exempted by Section 7.07.05, any person undertaking development within the unincorporated area of St. Lucie County shall be required to submit a Stormwater Management Permit application to the County Engineer, accompanied by a non-refundable application fee in accordance with Section 11.12.00. B. Application Contents. The Stormwater Management permit application shall include following information: 1. Category 1 Permits shall apply to all development activities taking place on property qualifying for a South Florida Water Management District exemption under Chapter 62-330.051(4)-(14), F.A.C. A Category 1 Permit application shall include: a. Name, address and telephone number of the property owner, the applicant (if different from owner) and project engineer, consultant or agent. b. Detailed location sketch with section, township and range. C. Recent aerial photograph with the project boundaries shown, north arrow and scale indicator. d. Topographic map of the presently existing project site. The map should contain, at a minimum: the project boundaries, a north arrow, a scale indicator, one -foot contour lines which extend at least ten (10) feet beyond the project in all directions, and bench mark information (NGVD). e. Boundary survey and legal description. f Soil boring to a minimum depth of six (6) feet below average existing ground elevation identifying soil types and seasonal water table fluctuations. g. Detailed paving, grading and drainage plans identifying all storm water man- agement structures and facilities. h. All drainage calculations and supporting documentation used for the design of the stormwater management system as outlined in Section 7.07.00 of this Code. i. Legal positive outfall shall be documented if applicable. j. Any other information which the developer or the County Engineer believes is necessary to properly evaluate the permit application. St. Lucie County Land Development Code Supp. No. 11 11:76 Adopted May 19, 2009 ADMINISTRATION AND ENFORCEMENT 11.05.08 2. Category 2 Permits apply to all development activities taking place on property qualifying for a South Florida Water Management Permit under Chapter 62-330, F.A.C.. The receipt of a South Florida Water Management District Environmental Resource Permit shall serve as prima facie evidence of compliance with the intent of Section 7.07.00. A Category 2 Permit application shall include: a. All information as described in Category 1 Permit Application. b. All information submitted to the SFWMD that was the basis for issuance of its permit under Chapter 62-330, F.A.C. C. Procedure for Review of Stormwater Management Permit Applications. 1. Within twenty (20) working days after an application for stormwater management permit has been submitted, the County Engineer shall review the application and determine if it is complete. 2. If the County Engineer determines that the application is not complete, he shall send the applicant a written statement specifying the deficiencies and shall take no further action unless the deficiencies are remedied. 3. Within twenty (20) working days after an application has been determined to be complete, the County Engineer shall review the application and approve, approve with conditions or deny the application based upon the standards established in Section 7.07.00. 4. If additional stormwater related permits are required from the South Florida Water Management District, Florida Department of Environmental Protection, U. S. Army Corps of Engineers, or any other duly authorized regulatory agency, any authorization by the County Engineer to proceed with the commencement of development activity may be conditioned to restrict such commencement until such time as all other stormwater related permits have been issued. In those cases where conflicts exist between regulatory standards or conditions, the more restrictive conditions or stan- dards shall apply. 5. Nothing in this Section shall be deemed to prevent the concurrent review of these stormwater management plans for the purpose of permit approval. D. Appeals from Permit Denial. Any final action by the County Engineer may be appealed to the Board of Adjustment in accordance with the provisions of Section 11.11.00. (Ord. No. 14-021, § A, 9-16-2014) 11.05.08. Airport Zone Permits. A. Application for Permits. Except as specifically provided in this Section and Section 10.00.02, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any airport zone described in Section 4.00.00 unless a permit therefore shall have been applied for and granted. An application for a permit required by Section 4.00.00 shall be made to the Growth Management Director, accompanied by a non-refundable application fee as established in Section 11.12.00. St. Lucie County Land Development Code Supp. No. 11 11:77 Adopted May 19, 2009 11.05.08 ST. LUCIE COUNTY LAND DEVELOPMENT CODE B. Application Contents. Such application shall be in such form as is required by the Growth Management Director, which form shall include, at a minimum, the name, address and telephone number of the owner; a legal description of the property; and the purpose for which the permit is desired with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations in Section 4.00.00. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Section shall be granted unless a variance has been approved in accordance with Section 10.01.00. C. Procedure for Review of Airport Zone Permits. 1. Within twenty (20) days of receipt of the application, the Growth Management Director shall review the application to determine if it is complete. If the application is not complete, the Director shall notify the applicant of the deficiencies in writing. The Director shall take no further action on the application until the deficiencies are remedied. 2. Within thirty (30) days after the application is determined complete, the application shall be reviewed by the Growth Management Director and approved, approved with conditions or denied, pursuant to the standards in Section 11.05.08(D). D. Standards for Review. 1. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed in Section 4.00.03. 2. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed in Section 4.00.03. 3. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limits prescribed in Section 4.00.03. 4. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this Code. E. Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater obstruction to air navigation than it was on the effective date of this Code or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. St. Lucie County Land Development Code Supp. No. 11 11;78 Adopted May 19, 2009 CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code Pt. B 3.01.02 Pt. C 6.00.05.D. Pt. D 7.05.03.I. Pt. E 7.05.04.A. Pt. F 7.06.01 Pt. G 7.09.04.E., O. Pt. H 7.10.16.Q.1.e. Pt. I 11.00.03.A. 11.02.02, 11.02.03 11.02.04.C. Pt. J 11.02.09.A.5 Pt. K 11.05.00 12-004 2- 7-2012 A 3.01.03.Q.7.d. 12-008 3-20-2012 Pt. A 11.05.02 Pt. B 12.06.01 12-009 4-17-2012 Pt. A 2.00.00 3.01.01 12-010 2-14-2012 Pt. A 2.00.00 6.05.01-6.05.07 10.01.25 12.06.01 12-013 12- 4-2012 Pt. A 3.01.03 Pt. B 7.10.11 Added 7.10.31 Pt. C Dltd 8.02.02.11 12-014 10- 2-2012 Pt. A 11.09.02 13-007 3- 5-2013 A 3.01.03.S.2.d 13-016 4- 2-2013 Pt. A Added 7.10.30 13-037 8- 6-2013 Pt. A 7.01.03 13-038 9- 3-2013 Pt. A 2.00.00, 6.02.02, 10.01.30 2013-19 5-21-2013 Pt. A 4.12.05 2013-39 12-17-2013 A 9.01.01, 9.01.02, 9.02.01.D.5, 9.03.00, 9.04.01, 9.05.00.13 2013-43 12-17-2013 A 11.02.06 2013-44 12-17-2013 A Rpld 7.06.01-7.06.04 Added 7.06.01-7.06.03 14-019 9-16-2014 Pt. A 6.02.02, 10.01.30 14-021 9-16-2014 A 7.04.04, 7.07.06, 7.07.07, 11.02.09(A), 11.02.10(A), 11.05.07(B) St. Lucie County Land Development Code Supp. No. 11 CCT:3 Adopted May 19, 2009