HomeMy WebLinkAbout11-031ORDINANCE NO. 11-031
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 "DEFINITIONS"
TO ADD DEFINITIONS FOR "FLOODPROOFING," "LOWEST FLOOR,"
"MANUFACTURED HOME PARK OR SUBDIVISION," "SPECIAL FLOOD
HAZARD AREA," AND "VIOLATION"; CHANGING DEFINITION OF
"FLOOD INSURANCE STUDY"; DELETING DEFINITION OF "FLOOR";
AMENDING SECTION 6.05.01 TO PROVIDE EFFECTIVE DATE FOR FLOOD
INSURANCE STUDY; AMENDING SECTION 6.05.03 TO CLARIFY WHERE
THE LOWEST HORIZONTAL STRUCTURE OF THE LOWEST FLOOR OF A
BUILDING MAY BE LOCATED IN RELATION TO THE BASE FLOOD
ELEVATION; PROVIDING REGULATIONS REGARDING BREAKAWAY
WALLS; AMENDING SECTION 6.05.06 TO PROVIDE RESTRICTIONS ON
THE PLACEMENT OF RECREATIONAL VEHICLES; REQUIRING ADEQUATE
DRAINAGE PATHS AROUND STRUCTURES; AMENDING 6.05.07 TO
PROVIDE RESPONSIBILITIES FOR FLOOD PLAIN ADMINISTRATOR;
ADDING REQUIREMENT FOR PERMIT APPLICATION FOR A
CERTIFICATION FROM AN ENGINEER OR ARCHITECT THAT THE
CONSTRUCTION PLANS COMPLY WITH STANDARDS FOR COASTAL
HIGH HAZARD AREAS; PROVIDING FOR ENFORCEMENT; CORRECTING
INTERNAL REFERENCES THROUGHOUT 6.05.00; AMENDING SECTION
12.06.01 TO CHANGE THE TITLE OF THE GROWTH MANAGEMENT
DIRECTOR TO PLANNING AND DEVELOPMENT SERVICES DIRECTOR
AND ALSO PROVIDING THAT THE PLANNING AND DEVELOPMENT
SERVICES DIRECTOR SERVE AS THE FLOODPLAIN ADMINISTRTOR;
PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABLIITY; PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE; PROVIDING EFFECTIVE DATE;
PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determination:
1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida,
adopted the St. Lucie County Land Development Code.
2. The Board of County Commissioners has adopted certain amendments to the St. Lucie
County Land Development Code, through the following Ordinances:
91 -003 March 14, 1991
91 -021 November 7, 1991
93 -001 February 16, 1993
93 -005 May 25, 1993
93 -007 May 25, 1993
94 -018 August 16, 1994
95 -001 January 10, 1995
97 -001 March 4, 1997
91-009 May 14, 1991
92-017 June 2, 1992
93-003 February 16, 1993
93-006 May 25, 1993
94-007 June 22, 1994
94-021 August 16, 1994
96-010 August 6, 1996
97-009 October 7, 1997
1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3662456 01/05/2012 at 03:48 PM ORDN
OR BOOK 3352 PAGE 2768 - 2786 Doc TYI>e:
RECORDING: $163.00
97-003 September 2, 1997
99-002 April 6, 1999
99-004 August 17, 1999
99-005 July 20, 1999
99-016 September 7, 1999
99-018 November 2, 1999
00-011 June 13, 2000
00-013 June 13, 2000
02-005 June 24, 2002
02-020 October 15, 2002
03-005 October 7, 2003
04-007 April 20, 2004
05-001 March 15, 2005
05-004 August 2, 2005
05-013 November 8, 2005
05-023 September 20, 2005
06-013 June 6, 2006
06-017 May 30, 2006
06-030 September 12, 2006
07-011 February 6, 2007
07-018 December 18, 2007
07-041 September 4, 2007
08-008 June 17, 2008
08-025 September 14, 2008
09-007 September 1, 2009
09-013 May 5, 2009
10-003 February 2, 2010
10-034 November 9, 2010
11-005 February 1, 2011
11-015 April 19, 2011
11-021 August 2, 2011
99-001 February 2, 1999
99-003 August 17, 1999
99-005 July 20, 1999
99-015 July 02, 1999
99-017 September 7, 1999
00-010 June 13, 2000
00-012 June 13, 2000
01-003 December 18, 2001
02-009 March 5, 2002
02-029 October 15, 2002
04-002 January 20, 2004
04-033 December 7, 2005
05-003 August 2, 2005
05-007 January 18, 2005
05-016 August 16, 2005
06-005 April 18, 2006
06-022 July 18, 2006
06-018 May 30, 2006
06-047 December 5, 2006
07-015 May 1, 2007
07 -032 November 6, 2007
08 -004 March 11, 2008
08 -012 September 12, 2008
09-003 January 20, 2009
09-012 May 19, 2009
09 -025 October 6, 2009
10 -026 September 7, 2010
10 -036 December 21, 2010
11 -012 August 2, 2011
11 -017 June 21, 2011
3. On November 17, 2011, the Local Planning Agency/Planning and Zoning Commission
held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at
least 10 days prior to the hearing and recommended that the proposed ordinance be approved.
4. On December 6, 2011, this Board held its first public hearing on the proposed ordinance,
after publishing a notice of such hearing in the St. Lucie News Tribune on November 25, 2011.
5. On December 20, 2011, this Board held a second public hearing on the proposed
ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on December 9, 2011.
6. The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, objectives and standards of the St. Lucie County
Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of
St. Lucie County, Florida.
2
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
PART A. THE SPECIFIC AMENDMENTS TO SECTION 2.00.00, DEFNITIONS, OF THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE:
Flood Insurance Study: The official hydrology and hydraulics report provided by the Federal Emergency
Management Agency. ,
. .The stu_ay contains an examination, evaluation, an
determination. of flood hazards, at~d_, if a_p~Copr_iate+_.corres~onding water surface elevations, or an
examrnation~ evaluation, and determination of mudslide 1i,e mudflow .and other flood-related erosion
hazards.. The study may. also curtain flood prof_iles~ as.well _as the Flood Insurance Rate Map Flood
- ---
Hazard Boundary Map where appi,cable~ and other related data and_nform_ation.
Floo_d~roo~ing Any. cornbinatio~, ref aructural and non-structural additions, changes. or adjustments to
---
structures, whir_h redact cr ~°i~ru,r.~;r~~ flood darnag_e to real estate or_imoroved real property, water and
sanitary facilit,es, structures and their contents.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than e~e{~}~eeF d designated heght.
. ,
Lowest Flog. A5 used .n Section 605.00, Flood_Damage_Prevention. means the lowest_floor of the
lowest enclosed area including basement. An_ unfinished or_floo_d resistant enclosures used solely for
harking of veh,cles, budding acces~~, or storage, in an area. other than a basement. is not considered a
--- - - - -
building's lowest f!c~r.r, ~ro~~:ded that such enclosure is not built. so as_to_render the structure in violation
-- ----- -
of applicable rc,nPlerati~~n dc'`~~+~ ,t_ rdards
Man~actured Hone Pvrk~r S~rbdrvrstorr. As used in Section 6.05._00 Flood.Dama~e Prevention, means a
___ --_--
~arcel_~or contiguous_parcelsj of land divided-into two or more manufactured home lots for rent or sale.
Recreational Vehicle: Any vehicle-type unit primarily designed not for=useas a_ e~rmanent dwelli
as temporary living quarters for recreational, camping, e~travel,_or seasonal use and that either has its
own mode of power or is mounted on or propelled by another vehicle as defined in F.S. § 320.OL__In
addition, as used .n 5e~t~on 6 ~:?5 +Jir Flood Damage Prevention, a recre__atronal v_ehcle_is avehicle th.at_is
- -- ----
built on a single chases; rhea<ur-E~s a00 square feet or less when. measured_at_~he_lar~est horizontal
_ - ---
projection; and ~5 designed to be ;eft propelled or permanently towable by alight duty truck.
Special Flood Hnzara Area. See Area of Special Flood Hazard.
Violation: As used in Section. 6.05.00 Flood_Dama>?e Prevention. means the failure of a structure or
other development to be fully compliant .with the re uirements of this Section. A structure or other
development. without the elevation._certifica~ other. certifications, or other evidence of compliance
- - -.
re aired by this Section is presumed to _be in_.violation until such time as that documentation is
~Covided.
PART 6. THE SPECIFIC AMENDMENTS TO SECTION 6.05.00, FLOOD DAMAGE PREVENTION, OF THE
ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE:
6.05.01. -General Provisions.
A. Purpose. It is the purpose of the Section to promote the public health, safety and general
welfare and to minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
1. Restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities.
2. Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial development.
3. Control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of floodwaters.
4. Control filing, grading, dredging and other development which may increase erosion or
flood damage; and
5. Prevent or regulate the development of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
B. Objectives. The objectives of this Section are:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
6. To help maintain a stable tax base by providing for the sound use and development of
flood-prone areas in such a manner as to minimize flood blight areas; and
7. To ensure that potential home buyers are notified that property is in a flood area.
C. Lands to which this Section Applies. This Section shall apply to all areas of special flood hazard
within the jurisdiction of St. Lucie County.
D. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard
identified by the Federal Emergency Management Agency in its Flood Insurance Study,
~~}ai3~-~ev+~t-~ fir St. Lucie County,
~+~: dat~cj February 16, 2012 with accompanying maps and other supporting data,
and any revision thereto, are adopted by reference and declared to be a part of this Code.
4
E. Establishment of Development Permit. A development permit shall be required in conformance
with the provisions of this Section and Section 6.05.07 prior to the commencement of any development
activities.
F. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally
altered without full compliance with the terms of this Section and other applicable regulations.
G. Abrogation and Greater Restrictions. This Section is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where this Section and another
conflict or overlap, whichever imposes more stringent restrictions shall prevail.
H. Warning and Disclaimer of Liability. The degree of flood protection required by this Section is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This chapter does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of St. Lucie County or by any officer or employee thereof for any
flood damages that result from reliance on this chapter or any administrative decision lawfully made
thereunder.
6.05.02. -General Standards for Flood Hazard Reduction.
A. General Standards. In all areas of special flood hazard the following provisions are required:
1. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
2. Manufactured homes shall be anchored to prevent flotation, collapse or lateral
movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties
to ground anchors. This standard shall be in addition to and consistent with applicable state
requirements for resisting wind forces.
3. New construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
4. New construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
5. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service
facilities shall be designed and/or located so as to prevent water from entering or accumulating within
the components during conditions of flooding.
6. New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
7. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
8. On-site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding.
5
9. Any alteration, repair, reconstruction, or improvements to a building which is in
compliance with the provisions of this Section, shall meet the requirements of new construction as
contained in this Section.
10. Any alteration, repair, reconstruction, or improvements to a building which is not in
compliance with the provisions of this Section, shall be undertaken only if said nonconformity is not
furthered, extended, or replaced.
6.05.03. -Specific Standards for Flood Hazard Reduction.
In all areas of special flood hazard where base flood elevation data has been provided, as set forth in
Section 6.05.01(D) or Section 6.05.07(6)(10), the following provisions are required:
A. Residential Construction: New construction or substantial improvement of any residential
building shall have the lowest floor, including basement, elevated to or above base flood elevation.
Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate
the unimpeded movements of flood waters shall be provided in accordance with standards of Section
B. Nonresidential Construction: New construction or substantial improvement of any commercial,
industrial or other nonresidential building (or manufactured home) shall have the lowest floor, including
basement, elevated to or above the level of the base flood elevation. Buildings located in all A-Zones
may be floodproofed in lieu of being elevated provided that all areas of the building below the required
elevation are watertight with walls substantially impermeable to the passage of water and use structural
components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. A registered professional engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be provided to the Growth Management Director as set
forth in Section 6.05.07(6)(9).
C. Elevated Buildings: New construction or substantial improvements of elevated buildings that
include fully enclosed areas formed by foundation and other exterior walls below the base flood
elevation shall be designed to preclude finished living space and designed to allow for the entry and exit
of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
1. Designs for complying with this requirement must either be certified by a professional
engineer or architect or meet the following minimum criteria:
(a) Provide a minimum of two (2) openings having a total net area of not less than
one (1) square inch for every square foot of enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher than one (1) foot above grade;
and,
(c) Openings may be equipped with screens, louvers, valves or other coverings or
devices provided they permit the automatic flow of floodwaters in both direction.
2. Access to the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment used in connection with the
premises (standard exterior door) or entry to the living area (stairway or elevator); and
6
3. The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
D. Standards for manufactured homes and recreational vehicles:
1. All manufactured homes placed, or substantially improved, on individually lots or
parcels, in expansions to existing manufactured home parks or subdivisions, or in substantially improved
manufactured home parks or subdivisions, must meet all the requirements for new construction,
including elevation and anchoring.
2. All manufactured homes placed or substantially improved in an existing manufactured
home park or division must be elevated so that:
(a) The lowest floor of the manufactured home is elevated to or above base flood
elevation, or
(b) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least an equivalent strength, of no less than thirty-six (36) inches in height
above grade.
(c) The manufactured home must be securely anchored to the adequately
anchored foundation system to resist flotation, collapse and lateral movement.
(d) In an existing manufactured home park or subdivision on which a manufactured
home has incurred substantial damage as the result of a flood, any manufactured home placed or
substantially improved must meet the standards of Sections .
abeve6.05.03_(D}(2}(wand (c}.
3. All recreational vehicles placed on sites must either:
(a) Be fully licensed and ready for highway use;
(b) Be on the site for e~fewer than one hundred eighty (180) consecutive days; or,
(c) The recreational vehicle must meet all the requirements for new construction,
including anchoring and elevation requirements of Sections
6.05.03(D}(2}(af through (cj.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices and has no permanently attached
structures.
E. Floodways: Located within areas of special flood hazard established in Section 6.05.01(D), are
areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
floodwaters which carry debris, potential projectiles and has erosion potential, the following provisions
shall apply:
1. Prohibit encroachments, including fill, new construction, substantial improvements and
other developments unless certification (with supporting technical data) by a registered professional
engineer is provided demonstrating that encroachments shall not result in any increase in flood levels
during occurrence of the base flood discharge.
7
2. If Section 6.05.03~E)(1_) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Section
g-8~-9~{A~6.05.02 through Section 6.05.06 .
3. Prohibit the placement of manufactured homes (mobile homes), except in an existing
manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards
of section 6.05.02(A)(2) and the elevation standards of Section ~.^~o ^~ 2~ '~^•06.05.03 A and the
encroachment standards of Section g-BS-:B~A~}6.05.03(E)(1) are met.
F. Coastal High Hazard Areas (V ZONESJ: Located within the areas of special flood hazard
established in Section 6.05.01(D), are areas designated as coastal high hazard areas. These areas have
special flood hazards associated with wave wash, therefore, the following provisions shall apply:
1. All +r~gs--new construction and substantial_im~rovements shall be located landward
of the reach of the mean high tide.
2. The bottom of the lowest horizontal structural
member of the lowest floor (excluding pilings or columns) is
lseat~ elevated to no lower than the base flood elevation ,
~-_,~_ whether. or not the
structure contains a basement.
3. All buildings or structures shall be securely anchored on pilings or columns.
4. All pile and column foundations and structures attached thereto shall be anchored to
resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting
simultaneously on all building components. Water loading values shall equal or exceed the base flood.
Wind loading values shall be in accordance with the provisions of Section 13.00.00 of this Code.
5. A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with provisions contained in Sections
. ~ ,-{f-f-ar~-{~ b. G 5 -0 3 (F) (2~, ~3_~ a n d ~4~
6, The Floodplain Administrator shall obtain and maintain a _reco_rd of the elevation in
relation to mean sea level) of the bottom of the lowest horizontal structural_memb~r_of the lowest floor
---
excludingpilingsand colu__mnsj o_f all new and substantially improved structures.
7. Provide that all new construction and substantial m_proyements have the s ace below
_ - -----
the lowest floor either free of obstruction or constructed with nons~~ortin~breakawa _wa is open
-,_
wood lattice-work, or insect screening intended to collapse under wind and water loads without-causing
collapse, displacement, or other structural dan-rage to the elevated portion of the building or sup~ortin
foundation system. for the purpose of this section., a breakaway wall shall have a design safe loadin>?
-_ _ __- _ -
resistance of not less than 10 ana nq more than 20 pounds per. square foot,_Use of reakaw~walls
- -
- - _
which exceed a desi~,n safe loading resistance of ZO pounds per square foot dither by design or when so
re ulred by State gf Florida or Inc ~I c.gdes) may b_ e ~errnitted .only. rf a re~istere~professional engineer
or architect certifies that. th_e designs prrJposed meets the follswin~csnditions:
a) Breakaway wall collapse. shall, result from wader load I~s~than_that which would
occur during the base flood; and
bj The elevated portion of the building and_ su~ortin~foun_ tion s~rstem__shall not
be subject to collapse, displacement, or other structural damage du_e_to the effects Qf wind and
water loads acting simultaneously on all buildi$compon~nts (structural and nonstructurall.
- -- -
--
The water loading shall be those values associated with the base flood._The wind loading values
---- -
_- -
shall be those required by applicable Florida or local, if more stn~ent than those_of_the_State of
__
Florida, building standards
(cj Such enclosed space shall be useable solel~r for~arking of_vehicle5, buildine
- -
access, or storage. Such space shall not be finished, _partitioned_nto multiple_rooms~_or
temperature controlled.
g8. There shall be no fill used as structural support. Non-compacted fill may be used around
the perimeter of a building for landscaping aesthetic purposes provided the fill will wash out from storm
surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces,
ramping effects, or wave deflection. The Floodolain Administrator shall
approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by
an engineer, architect, and/or soil scientist, which demonstrates that the following factors have been
fully considered:
(a) Particle composition of fill material does not have a tendency for excessive
natural compaction;
properties; and
(b) Volume and distribution of fill will not cause wave deflection to adjacent
(c) Slope of fill will not cause wave runup or ramping.
~9. There shall be no alteration of sand dunes or mangrove stands which would increase
potential flood damage.
8- r=at-t~~
~i ig-k~ t+~ of ,
f aY WEB ~r~t+c+~+aJk ~#-ia41 ,
~ ~.4-a-tef+a~
`~-:
r,~
~f+9c-~8~f, ,+~ rim f~ ~+. + +ti « •ii ti i ++• ~ a +•
~~i-ted-F o-
9
X10. Prohibit the placement of manufactured homes (mobile homes) except in an existing
manufactured home; (mobile homes) park or subdivision. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision provided the a+~e~g standards
of Section g~~~:n" 6.05.03(F)(1) througzh ~9) .
are met.
11. Prohibit the placement of recreational vehicles except in an existine recreational vehicle
_- - - --
park._ A recreational vehicle may be placed in an ex~tm~ recreational vehicle Dark provided it is on the
site for fewer than one hundred eighty (180 conse~utive_da~s; is fully licensed and ready for hiehwav
use; or meets the requirements of Section 6.05 03_(F~~l~throu~hl9
6.05.04. -Standards for Streams without Established Base Flood Elevations and Floodways.
Located within the areas of special flood hazard established in Section 6.05.01(D), where small streams
exist but where no base flood data has been provided or where no floodways have been provided, the
following provisions apply:
A. No encroachments, including fill material or structures shall be located in areas of special flood
hazard unless certification by a registered professional engineer is provided demonstrating that the
cumulative effect of the proposed development, when combined with all other existing and anticipated
development will not increase the water surface elevation of the base flood more than one (1) foot at
any point within the community. The engineering certification should be supported by technical data
that conforms to standard hydraulic engineering principles.
B. New construction or substantial improvements of buildings shall be elevated or floodproofed to
elevations established in accordance with Section 6.05.07(6)(11).
6.05.05. -Standards for Subdivision Proposals.
A. All subdivision proposals shall be consistent with the need to minimize flood damage.
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize flood damage;
C. Alt subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards; and
D. Base flood elevation data shall be provided for subdivision proposals and other proposed
development (including manufactured home parks and subdivisions) which is greater than the lesser of
fifty (50) lots e# or five (5) acres.
6.05.06. -Standards for Areas of Shallow Flooding.
Located within the areas of special flood hazard established in Section 6.05.01(D), are areas designated
as shallow flooding areas. These areas have special flood hazard associated with base flood depths of
one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate; therefore the following provisions apply:
10
A. All new construction and substantial improvements of residential buildings shall have the lowest
floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in
feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including
basement, shall be elevated at least two (2) feet above the highest adjacent grade.
B. All new construction and substantial improvements of nonresidential structures shall:
1. Have the lowest floor, including basement, elevated to the depth number specified on
the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is
specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest
adjacent grade, or
2. Together with attendant utility and sanitary facilities be completely floodproofed to or
above that level so that any space below that level is watertight with walls substantially impermeable to
the passage of water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
C, Adequate drainage paths around structures shall be provided__on_s_lo~es to eurde_wat~r awav
from structures.
6.05.07. -Administration.
In addition to the administrative provisions in Chapter XI of this Code, the following provisions shall
apply.
A. Permit Procedures. Application fora development permit shall be made to the#~
Fluod~?lain .Administrator on forms furnished by him or her prior to any
development activities, and may include, but not be limited to, the following plans in duplicate drawn to
scale showing the nature, location, dimensions and elevations of the area in question; existing or
proposed structures, earthen fill, storage of materials or equipment; drainage facilities and the location
of the foregoing. Specifically, the following information is required:
1. Application Stage.
a. Elevation in relation to mean sea level of the proposed lowest floor (including
basement) of all buildings.
b. Elevation in relation to mean sea level to which any nonresidential structure will
be floodproofed.
c. Certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure will meet the floodproofing criteria in Section
g~-9~-~A}4~6.05 U3(B) and Section 6.05.07(Aj~2~.
d. Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
e. Elevation m relation to mean sea level of the bottom. of th~__lowest horizontal
structural member of the lowest floor and provide a certification from a registered en~nger or. architect
indicating that. they have developed and/or reviewed the structural designs, speaficationt aand ~lans_ of
11
the_construction and certified that they are in accordancewrth acce~ted_standard~of practice in Coastal
--
H~ Hazard Areas.
2. Construction Stage.
a. A floor elevation or floodproofing certification after the lowest floor is
completed, or in instances where the structure is subject to the regulations applicable to Coastal High
Hazard areas, after placement of horizontal structural members of the lowest floor.
b. No structural construction beyond the foundation shall be authorized until the
required flood certification has been submitted to and approved by the
Floodplain Adrnrni~>irator in accordance with subsection c. below.
c. Within twenty-one (21) calendar days of establishment of the lowest floor
elevation, or floodproofing by whatever construction means, or upon placement of the horizontal
structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder
to submit to the Floodplain Administrator:
(1) A certification of the elevation of the lowest floor; or,
(2) Floodproofed elevation; or,
(3) The elevation of the lowest portion of the horizontal structural members of the
lowest floor, whichever is applicable, in relation to mean seal level.
d. Said certification shall be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and certified by same. When floodproofing is utilized
for a particular building, said certification shall be prepared by or under the direct supervision of a
professional engineer or architect and certified by same.
e. The ~ Flood~(an Administrator shall review the floor
elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to further progressive work being permitted to proceed. Failure to submit
the survey or failure to make said corrections required hereby, shall be cause to issue a stopwork order
for the project.
B. Duties and Responsibilities of the ~ Flood~lpn Administrator. Duties
of the ~t-t3+~Eta~ Floodplain Administrator shall include, but not be limited to:
1. Review permits to assure sites are reasonably_safe from fl_oodin~
~2. Review all development permits to assure that the permit requirements of this Section
have been satisfied.
~3. Advise permittee that additional federal or state permits may be required, and if specific
federal or state permit requirements are known, require that copies of such permits be provided and
maintained on file with the development permit.
~4. Notifying adjacent communities, the
Florida Division of Emergency Management State Floodplarn _Management _Office ..the South _Florida
Water Management District, the Federal Emergency Management Agency and other Federal and/or
12
State__of Florida agencies .with statutory or regulatory authority prior to any alteration or relocation of a
watercourse; alit
S. Notify the Federal Emergency Management Agency_wrthin__six_month~when new
technical or scientific data becomes available to the communityconcerning physical changes affectin¢
-- -
flooding conditions so that risk premium rates and Floodplain man~em_ent_re~urements will be based
on current data.
46. Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not diminished.
~7. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor
(~ ~ A-Zones) or bottom of the lowest horizontal structural member of the lowest floor
V-Zones of all new or substantially improved structures, in accordance with Section 5~~~-8~{A}~~?
6.05.O~A~and {B~ and 6.05,03(F~Z), ~3~ and ~4~_re~s ecU'vely.
b8. Verify and record the actual elevation (in relation to mean sea level) to which the new
or substantially improved structures have been floodproofed, in accordance with Section g~~j-9~{A~~
6.05.03(Bj.
~.9. In Coastal High Hazard areas certification shall be obtained from a registered
professional engineer or architect that the structure is designed to be securely anchored to adequately
anchored pilings or columns in order to withstand velocity waters and hurricane wave wash.
8.10 In Coastal High Hazard areas, the ~,;~~M.~.ge+x~er-~B+reEt~ Floodplain
Administrator shall review plans for the adequacy of breakaway walls in accordance with Section
6.05.03(F)(7).
X11. When floodproofing is utilized for a particular structure, the
Bi~e~ef Floodplain Administrator shall obtain certification from a registered professional engineer or
architect in accordance with Section ~.^~~,T;T~; 6,05.03~6~.
~9.iZ. Where interpretation is needed as to the exact location of boundaries of the areas of
special flood hazard (for example, where there appears to be a conflict between a mapped boundary
and actual field conditions), the- ~ Floodplainn Administrator shall make the
necessary interpretation. The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section'^~^~0 10.01..25.
x.13. When base flood elevation data or floodway data have not been provided in accordance
with Section 6.05.01(D), then the ~ FL_ood~la__in_ Administrator shall obtain,
review and reasonably utilize any base flood elevation and floodway data available from a federal, state
or other source, in order to administer the provisions of Sections 6.05.02 through 6.05.06.
x.14. All records pertaining to the provisions of this chapter shall be maintained in the office
of the ,- s+r~ef Floodplain Administrator and shall be open for public inspection.
C. Penalties
Violations of this section ma_y_ be enforced bar the_St._Lucie_County Code Enforcement Board.
13
This provision shall not preclude enforcement of this section. in the Circuit Court _or as_.otherwise
_ __ _ __:_
authorized by !d~,n,.
10.01.25. -Special Provisions Where Variance is Sought to Requirements of Flood Damage Prevention.
A. Generally.
1. The Board of Adjustment as established by St. Lucie County shall hear and decide
appeals and requests for variances from the requirements of Section 6.05.00, Flood Damage Prevention.
2. The Board of Adjustment shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of Section 6.05.00
3. Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum to preserve the historic character
and design of the structure.
B. Application Procedures.
1. A person desiring a variance from the requirements of Section 6.05.00, Flood Damage
Prevention shall apply for a variance on a form provided by ~ ~ Floodplain
Administrator.
2. An application fee as established by resolution of the Board of County Commissioners
shall accompany the application.
3. The application shall be in such form and contain such information and documentation
as shall be prescribed from time to time by the ~ ~ Floodplain Administrator, but shall
contain at least the following:
a. Name and address of applicant.
b. Legal description of the property which is the subject of the application.
c. Size of the subject property.
d. The purpose for the requested variance and a statement of the intended
development of property if the variance is granted.
e. A statement of the hardship imposed on the applicant by this Code and a
statement of why the variance will not be materially detrimental or injurious to other property
or improvements in the neighborhood in which the subject property is located.
14
4. Within a reasonable period of time not to exceed thirty (30) days after receipt of an
application or receipt of additional information pursuant to this Section, the
Floodplain. Administrator shall examine the application or information and notify the applicant of any
apparent errors or omissions, and request such additional information as may be necessary for the
processing of the application.
5. Within thirty (30) working days after an application has been determined to be
complete by the-R-VU~s Floodplain Administrator, he shall review the application, make a
recommendation, and submit it to the Board of Adjustment.
6. Upon notification that an application fora variance is complete, the Board of
Adjustment shall place the application on the agenda of a regularly scheduled meeting for a public
hearing in accordance with Section 11.00.03. In reviewing the application for variance approval, the
Board of Adjustment shall use the standards in Section '^'^.^~'~~_10,01_.25 ~ below. The Board may
require the applicant to meet certain conditions before approval of the variance.
7. Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision
approving, approving with conditions, or denying the variance.
8. The decision of the Board of Adjustment shall be mailed to the petitioner and filed with
the Office of the- Floodplain_ Ad_m_inist_rator in accordance with Section
9. Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the base flood elevation and the elevation to which the structure is to be built and
stating that the cost of flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
10. Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer may
appeal such decision to a court of competent jurisdiction as provided by the Florida Statutes.
11. The-~-- ..Floodplain_ Administrator shall maintain the records of all
appeal actions and report any variances to the Federal Emergency Management Agency upon request.
C. General Standards for Issuance. In passing upon such applications, the Board of Adjustment shall
consider all technical evaluations, all relevant factors, all standards specified in Section 6.05.00, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
15
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, in the case of a functionally
dependent facility;
6. The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the Comprehensive Plan and floodplain
management program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
10. The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and,
11. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
D. Ability to Impose Special Conditions. Upon consideration of the factors listed above and the
purposes of Section 6.05.00, the Board of Adjustment may attach such conditions to the granting of
variances as it deems necessary to further the purposes of Section 6.05.00
E. Variances Within Designated Floodways. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge would result.
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; and in the instance of a historical building, a
determination that the variance is the minimum necessary so as not to destroy the historic character
and design of the building.
2. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
16
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.
12.06.00 OFFICE OF THE PLANNING AND DEVELOPMENT SERVICES
DIRECTOR
12.06.01. -Jurisdiction, Authority, and Duties.
In addition to the jurisdiction, authority, and duties which may be conferred on the 6re+n~#~
A~4aflagerwer~ Planning and Development Services Director by other provisions, he shall also have the
following powers and duties under this Code.
A. The Planning and Development Services Director shall issue, vegetation
removal, wastewater and sewage disposal compliance, airport height permits, and wetlands permits in
accordance with the procedures in Section 11.05.00
B. The Planning and Development Services Director shall grant or deny
applications for Certificates of Capacity Exemption, and Certificates of Capacity Variances in accordance
with the procedures in Section 5.00.00
C. The Planning and Development Services Director shall grant or deny
applications for a Vested Rights Special Use Permit in accordance with the procedures in Section
11.09.00 of this Code.
D. The Planning and Development Services Director, whenever a use is not
specifically listed in Section 3.01.03 or in the administrative use regulations, shall make a determination
as to whether the proposed use is a use permitted by this Code, in accordance with Section 3.01.01
E. The Planning and Development Services Director shall serve as staff
planner to the Planning and Zoning Commission and the Board of County Commissioners, including the
provision of aid and technical assistance in:
1. The initiation, processing, and review of applications for amendment to the Official
Zoning Atlas as provided in Section 11.06.00
2. The initiation, processing, and review of applications for amendment to the text of the
Code as provided in Section 11.06.00
3. The processing and review of applications for Planned Developments as provided in
Section 11.02.00
17
4. The processing and review of applications for conditional use permits as provided in
Section 11.07.00 of this Code;
5. The processing and review of site plans as provided in Section 11.02.00
6. The processing and review of applications requesting a Class A Mobile Home be defined
as a detached single-family dwelling, as provided in Section 11.05.02
F. The Planning and Development Services Director shall serve as staff
planner to the Board of Adjustment, including the processing and provision of technical assistance in the
review of variances, as provided in Section 10.01.00
G. The Plannine and Development Services Director shall maintain the
Official Zoning Atlas.
H. The Planning and Development Services Director shall, whenever
requested to do so by the Board of County Commissioners, conduct or cause to be conducted, with the
assistance of other county departments if necessary, investigations, reports, surveys, studies, maps,
charts, and recommendations with respect to matters before the Board of County Commissioners, the
Planning and Zoning Commission, or the Board of Adjustment.
I_ The Plannine and Develooment Services Director shill serve as the Floodolain Administrator to
administer and im~leme_nt the prov__i_sions of Section 6.05.OO~Flood Damaee Prevention.
PART C. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County
ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby
superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or
void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding
shall not affect its applicability to any other person, property, or circumstance.
PART E. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART F. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
18
PART G. EFFECTIVE DATE.
This ordinance shall take effect on February 16, 2012.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chris Dzadovsky, Chairman AYE
Tod Mowery, Vice Chairman AYE
Commissioner Paula A. Lewis AYE
Commissioner Chris Craft AYE
Commissioner Frannie Hutchinson AYE
PART I. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and
the word "ordinance" may be changed to "section", "article", or other appropriate word, and the
sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that parts C through I shall not be codified.
PASSED AN ~ V~ his 20"' day of December 2011.
~::- ;.- - -- Ma=,r°~ BOARD OF C U ER
ATTEST: ~ „ : ~ ~~; ST. LOCI
~' K a ~ BY:
Deput Glcik,-_ _ ^; ~ Ch rman
APPROVE S TO FORM AND
CORRECTNE
BY:
County Attor ey
19
Carol Bishop
From: Alice Sennott
Sent: Wednesday, January 03, 2018 11:53 AM
To: Carol Bishop
Subject: FW: St. Lucie County Ordinances
Hi Carol,
Linda sent confirmation that ordinances
2009-002
2011-031
2011-036
Were filed with the State (see email below), but she did not send a verification letter. Maybe you can print and scan the
e-mail as confirmation that they were filed?
Alice Sennott
Tax Deed Record Clerk I Clerk of the Circuit Court, St. Lucie County
201 South Indian River Drive, Fort Pierce, FL 34950
772-462-6926
From: Bryant, Linda C.[mailto:Linda.Bryant@DOS.MyFlorida.com]
Sent: Wednesday, January 03, 2018 11:34 AM
To: Alice Sennott <SennottA@Stlucieclerk.com>
Subject: RE: St. Lucie County Ordinances
Alice,
They were all filed. See our records below.
Linda
1
From: Alice Sennott[mailto:SennottA@Stlucieclerk.comj
Sent: Wednesday, January 03, 2018 8:40 AM
To: Bryant, Linda C.
Subject: St. Lucie County Ordinances
Good Morning Ms. Bryant,
St. Lucie County is in the process of verifying its ordinance paperwork. Our files are missing the State's verification letter
for the following ordinances:
2009-002
2011-031
2011-036
Our records indicate that we sent these ordinances to the State for filing, but can't find the State's return verification
letter.
Could you please verify whether these ordinances are filed and send us a verification letter?
Thanks very much,
oI �,ktu crRCl/j
0
N'14 co`;`
Alice Sennott
Finance I Tax Deed Record Clerk
Joseph E. Smith, Clerk of the Circuit Court, St. Lucie County
2300 Virginia Ave, Fort Pierce, FL 34982
772-462-6926 1 Fax: I www.stlucieclerk.com
Best Places to Work Award Recipient 2010 - 2017
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection. examination and
or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
The Department of State is committed to excellence.
Please take our Customer Satisfaction Survey.
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and
or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
4
HOME IN'
Cut
COP',,
Paste
'* Format Painter
Clipboard
Ll
CARDFILE - Count), 2011 [Compatibility M,
,T DESIGN PAGE LAYOUT REFERENCES MAILINGS REVIEW VIEW
_- 1_ 1-
=alibri -120 A A + I .- - - _ ' -- <1 AaBbCcDc
B I U - ato. X, X' ahrr — — = =_ ah F PJurmal
Font r ` Paragraph
ST.•JOHNSIf
2011-711
MARCH -2,•20111
ST.-JOHNSti
2011-6tI
MARCH -2,-20111
ST.•JOHNSti
2011-50
FEBRUARY -4,-20
ST.•JOHNSt[
2011-411
JANUARY -24,-20
5T.•JOHNSt1
2011-311
JANUARY -24,-20
ST.•JOHNSti
2011-2TE
JANUARY -24,-20
ST.•JOHNSti
2011-11:1
JANUARY -21,-20
tt
a
tI
t1
t1
tI
ST.-LUCIEtI
11-03611
JANUARY -6,•201
ST.•LUCIRI
11-03111
JANUARY -6,-201
ST.-LUCIEII
11-03011
JANUARY•10,•20
ST.•LUCIETI
11-02911
OCTOBER -27,-2C
5T.•LUCIEt1
11-02811
SEPTEMBER•30,-
ST.•LUCJEt1
11-026t1
AUGUST -24,-207
ST.•LUC:IEII
11-025U
NOVEMBER•15,-
ST.•LUCIRI
11-02311
JULY•20,•2011ti
ST.•LUCIEtT
11-022ti
JULY•20,•2011ti
ST.•LUCJEII
11-02111
AUGUST -11,-201
ST.•LUCIBI
11-020tI
JULY-20,-2011ti
ST.•LUCIE11
11-017tI
JUNE -29,•201111
ST.•LUCIEti
11-01611
MAY -20,•201111
ST.•LUCIEti
11-01511
MAY -2,•201111
ST.•LUCIE11
11-01411
MAY-20,•2011tl
STL•LUCIEti
11-01211
AUGUST -24,-209
ST.•LUCIE11
11-010t1
JUNE•17,-201111
ST.•LUCIRI
11-009t1
MARCH -21,-201'.
ST.•LUCIE11
11-00811
MARCH -9,10111
ST.•LUCIEO
11-00611
APRIL -18,-201U1
ST.•LUCIE0
11-00511
FEBRUARY -9,-20
ST.•LUCJEtI
11-004ti
FEBRUARY -9,-20
ST.•LUCIE•IE
11-0020
DECEMBER -15,•,
ST.•LUCIE1i
11-001AtI
MARCH -10,-201:
11
CI
t1
t1
ti
11
SUMTERt1
2011-1811
DECEMBER•20,•:
SUMTERti
2011-1711
DECEMBER•20,-:
SUMTERn
2011-16ti
DECEMBER -1,-2(
91