HomeMy WebLinkAbout10-003 ORDINANCE NO. 10-003
(formerly Ordinance No. 09-009)
AN ORDINANCE AMENDING CHAPTER 2 OF THE
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
TO AMEND THE DEFINITIONS OF HISTORIC
RESOURCE AND HISTORIC TREE; DELETING
SECTION 4.11.01 "CHANGES TO HISTORIC
STRUCTURES OR SITES"; CREATING SECTION
4.11.01 "PURPOSE"; CREATING SECTION 4.11.02
"DEFINITIONS"; CREATING SECTION 4.11.03
"HISTORIC PRESERVATION TRUST FUND";
CREATING SECTION 4.11.04 "HISTORIC
PRESERVATION OFFICER"; CREATING SECTION
4.11.04 "HISTORICAL COMMISSION"; CREATING
SECTION 4.11.06 "DESIGNATION PROCESS AND
PROCEDURE"; CREATING SECTION 4.11.07
"EMERGENCY ACTIONS"; CREATING SECTION ~ a ~ N
m~ra0
4.11.08 "REVIEW OF PROPOSED NOMINATIONS ~ o
TO THE NATIONAL REGISTER OF HISTORIC v_ ~ A r s
~;onm
PLACES"; CREATING SECTION 4.11.09 o ~ m ~
"CERTIFICATE OF APPROPRIATENESS"; W n w o
~N C'=
CREATING SECTION 4.11.10 "DEMOLITION"; ° ~ o ~ ~
CREATION OF SECTION 4.11.11 "ECONOMIC N v ~
HARDSHIP"; CREATING SECTION 4.11.12 ~ o 0
"MAINTENANCE OF DESIGNATED PROPERTIES"; g ~ m
CREATING SECTION 4.11.13 "CERTIFICATE TO
DIG"; CREATING SECTION 4.11.14 "APPEALS"; p
CREATING SECTION 4.11.15 "PENALTIES"; Z
CREATING SECTION 4.11.16 "INCENTIVES"; o
CREATING SECTION 4.11.17 "TAX EXEMPTIONS
FOR REHABILITATIONS TO DESIGNATED
HISTORIC PROPERTIES"; CREATING SECTION
4.11.18 "HISTORIC VILLAGE"; CREATING SECTION
4.11.19 "TIME EXTENSIONS"; DELETING
CHAPTER 1-10.2 OF THE ST. LUCIE COUNTY
CODE AND COMPILED LAWS; DELETING ARTICLE
III OF CHAPTER 1-16 OF THE ST. LUCIE COUNTY
CODE AND COMPILED LAWS; "PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; PROVIDING AN
EFFECTIVE DATE; PROVIDING FOR ADOPTION
AND PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County,
Florida, has made the following determinations:
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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:
91-03 March 14, 1991 91-09 May 14, 1991
91-21 November 7, 1991 92-17 June 2, 1992
93-01 February 16, 1993 93-03 February 16,1993
93-05 May 25, 1993 93-06 May 25, 1993
93-07 May 25, 1993 94-07 June 22, 1994
94-18 August 16, 1994 94-21 August 16, 1994
95-01 January 10, 1995 96-10 August 6, 1996
97-01 March 4, 1997 97-09 October 7, 1997
97-03 September 2, 1997 99-01 February 2, 1999
99-02 April 6, 1999 99-03 August 17, 1999
99-04 August 17, 1999 99-05 July 20, 1999
99-05 July 20, 1999 99-015 July 02, 1999
99-16 September 7, 1999 99-018 November 2, 1999
00-10 June 13, 2000 00-011 June 13, 2000
00-12 June 13, 2000 00-013 June 13, 2000
01-03 December 18, 2001 02-05 June 24, 2002
02-09 March 5, 2002 02-20 October 15, 2002
02-29 October 15, 2002 03-05 October 7, 2003
04-02 January 20, 2004 04-07 April 20, 2004
05-07 January 18, 2005 05-013 November 8, 2005
05-16 August 16, 2006 05-023 September 20,2005
06-17 May 30, 2006 06-018 May 30, 2006
06-030 September 12, 2006 06-047 December 5, 2006
07-018 - December 18, 2007 07-032 - November 6, 2007
07-041 - September 4, 2007 08-004 - March 11, 2008
08-08 - June 17, 2008 08-012 - September 12, 2008
08-025 - September 14, 2008 09-003 - January 20, 2009
09-012 - May 19, 2009
3. On August 2, 2005, the Board of County Commissioners adopted
Ordinance No. 05-003, creating Chapter 1-10.2 of the St. Lucie County Code and
Compiled Laws, known as the "Historic Preservation Ordinance."
4. On December 11, 2006, the Board of County Commissioners
adopted Ordinance No. 06-045 amending Chapter 1-10.2.
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5. On May 1, 1984, the Board of County Commissioners adopted
Ordinance No. 84-05 which codified the St. Lucie County Historical Commission,
which had been created in 1963.
6. On November 19, 2009, the Local Planning Agency/Planning and
Zoning Commission held a public hearing on the proposed ordinance after
publishing notice in St. Lucie News Tribune at least 10 days prior to the hearing
and recommended that the proposed ordinance be approved.
7. On January 5, 2010, this Board held its first public hearing on the
proposed ordinance, after publishing a notice of such hearing in St. Lucie News
Tribune on December 23, 2010.
8. On February 2, 2010, this Board held its second public hearing on
the proposed ordinance, after publishing a notice of such hearing in St. Lucie
News Tribune on January 20, 2010.
9. Any designation of Historic Structures or Sites onto the St. Lucie
County local historic registry by the Board of County Commissioners up to the
date of the adoption of this Ordinance shall remain in full force and effect.
10. 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, public welfare, and quality of life of the citizens of
St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of St. Lucie County, Florida:
PART A. The specific amendments to Chapter 2.00.00 of the St. Lucie
County Land Development Code to read as follows, include:
2.00.00 DEFINITIONS
HISTORIC TREE:
A tree which has been determined to be of notable historic interest and value to
St. Lucie County because of its location or historic association with the
community and which has been so designated by the Board of County
Commissioners in the official record books of the county following the procedures
set out in Section 4.11.00 ~h~ii+ ha~+rinn .e,i+h .d~ ~o nn+ino r,rnvirlnr! in or~l~ionnV
~ ~ y r,.
by nnr~ifiorl mail fn tho n~einor
HISTORIC STRUCTURE OR SITE:
Any structure or site or archaeological site that is:
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(1) Listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by the
. Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
preliminarily determined by the Secretary to qualify as a registered historic
district;
(3) Inrli~iirl~~ Ili li +erJ nn +ho ClnrirJ~+ nn.,~+nr ~+~+n Lilo mein+7innr! h~i +hn ClnrirJ~
7"ra'Q'zv7uaierd7ccTrr ,v
~e-pa~r~nn+~Qie- Individually listed on a state register of historic places in
states with historic preservation programs which have been approved by the
Secretary of the Interior; or
(4) Individually listed on a local inventory of historic resources per the
procedures in Section 4.11.00.
PART B. The specific amendments to Chapter 4.11.00 of the St. Lucie
County Land Development Code to read as follows, include:
4.11.00 HISTORIC PRESERVATION
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Section 4.11.01. Purpose.
A. It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of properties of historical, cultural,
archaeological aesthetic engineering and architectural significance are
in the best interests of the health prosperity and welfare of the people of
St. Lucie County.
B. The purpose of this ordinance is to protect the significant historic and
archaeological resources of St. Lucie County, to the maximum extent
practicable in accordance with the goals and policies of the St. Lucie
County Comprehensive Plan by providing procedures for the designation
and subsequent review of certain types of chances that are proposed for
these resources.
C. The safeguarding of the significant historic resources in St. Lucie County
is also intended to:
1. Foster civic pride in the accomplishments of the past;
2. Protect and enhance the County's historical and archaeological
heritage and provide an economic stimulus through heritage
tourism;
3. Promote the protection and maintenance of individual sites and
districts in public acquisition programs for the education pleasure
and welfare of the people of St. Lucie County;
4. Encourage adaptive use of historic resources by civing them
priority over activities that would harm or otherwise destroy their
historic value;
5. Enhance property values;
6. Stabilize neighborhoods and business centers;
7. Increase economic and financial benefits to the County and its
inhabitants;
8. Combat blight and strengthen the economy of the County by
stabilizing and improving property values in historic areas and by
encouraging new building development that is harmonious with
existing historic buildings and districts;
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9. Promote historic and archaeological awareness in the County and
provide historic resources education to County residents and
visitors;
10. Enhance the visual and aesthetic character of the County; and,
11. Protect and enhance all of the archaeological resources of the
County.
12. Promote sustainability by encouraging residents to rehabilitate,
reuse restore and revitalize the historic resources of the past to
meet the needs of the present without compromising the ability of
future generations to meet their own needs.
D. In addition the provisions of this Section will assist the County and
property owners in any attempts to be eligible for federal tax incentives,
federal and state grant funds, and other potential property tax abatement
programs for the purpose of furthering historic preservation activities
including but not limited to, Section 193.503, Florida Statutes, and the
National Register of Historic Places program.
E. This ordinance is intended to and shall govern and be applicable to, all
property located within the unincorporated areas of St. Lucie County,
Florida.
F. The Historic Preservation Ordinance shall be filed, and it shall address the
following sections: the establishment of certain powers and duties for the
Historical Commission; the creation of a process to designate historic
buildings sites districts landscape features, roads, objects, structures,
and archaeological sites• a process of review for issuing certificates of
appropriateness and an appeal process. The County shall submit the
ordinance to the National Register of Historic Places for certification of
eligibility for the 1981 Economic Recovery Tax Act, as amended.
G. The St. Lucie County Resister of Historic Places is hereby created as a
means of identifying and classifying various sites, buildings, structures,
objects and districts as historically significant. Any historic or
archaeological site or structure in the unincorporated County which is
listed on the National Register of Historic Places shall automatically be
listed on the St. Lucie County Register of Historic Places.
Section 4.11.02 Definitions
Adaptive use: The process of converting a building to a use other than that for
which it was designed.
Addition: A construction project physically connected to the exterior of a historic
buildin .
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Alteration Any change affecting the exterior or appearance of an existing
improvement by additions reconstruction remodeling or maintenance involving
change of color form texture or materials or any such changes in appearance
of specially designated interiors.
Applicant A local state or national historical organization or owner of a property
who provides sufficient written information to the Historic Preservation Officer to
ascertain that his or her property potentially meets the minimum eligibility
requirements for local historic designation or who is applying for a Certificate of
Appropriateness.
Archaeological site: A single specific location that has yielded or is likely to yield
information on significant local history or prehistory.
Archaeological zone: A geographically defined area, defined in the
Archaeological Survey of St. Lucie County Florida (2000), as amended, which
may reasonably be expected to yield information on significant local history or
prehistory based upon broad prehistoric or historic settlement patterns.
Artifact: A manmade object or any object that is a product of human modification
or objects that have been transported to a site by people.
Building~ A resource created principally to shelter any form of human activity
such as a house barn, church, hotel or similar construction.
Board: The St. Lucie County Board of County Commissioners.
Certificate of Appropriateness: Aspecial certificate issued by the St. Lucie
County Historical Commission or a standard certificate of appropriateness issued
by County staff which permits certain alterations or improvements to a property
within a historic district or a designated individual site:
1. Special Certificate of Appropriateness: A Special Certificate of
Appropriateness is required for work that includes: additions,
alterations new construction, relocations, or demolition, and for those
instances when the proposed work is deemed to have a significant
impact on the historic resource(s). The Historical Commission shall
review the request.
2. Standard Certificate of Appropriateness: A Standard Certificate
of Appropriateness shall be issued by the Historic Preservation Officer
when the work proposed is a minor alteration, routine maintenance or
in-kind replacement.
Certificate to Dig: A type of certificate of appropriateness required by the County
for certain ground disturbing activities, such as filling, grading, and the removal of
vegetation and trees but excluding swimming pool excavation.
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Certified Local Government: A government satisfying the requirements of the
National Historic Preservation Act Amendments of 1980 (P.L. 96-515) and the
implementing of regulations of the U.S. Department of the Interior and the State
of Florida Division of Historical Resources. A government that is certified will
review all nominations to the National Register of Historic Places within its
jurisdiction prior to reviews at the state and federal levels.
Contributing resource• A building site landscape feature object, structure, or
archaeological resource that adds to the historic associations, historic
architectural qualities or archaeological values for which a property is significant
because it was present during the period of architectural or historical
significance relates to the documented significance of the property, and
possesses historic integrity or is capable of yielding important historical
information.
County: St. Lucie County, Florida.
Demolition• The act or process of wrecking destroying or removing any building
or structure, or any portion thereof.
Designated exterior All outside surfaces of any building or structure that is
individually listed or listed in the designation report as having significant value to
the historic character of the building or district.
Designation report: A document prepared by the Historic Preservation Officer for
all properties or districts that are proposed for local historic designation. The
report at a minimum must include a boundary description of the proposed site or
district an evaluation of its significance as it relates to the criteria for significance,
as set forth in section 4.11.06(A) location maps, representative photographs,
any archaeological significance and a physical description of the historic
resource(s).
Earthworks' Earthworks consist of linear ridges, circular embankments, and
causeways constructed of earth and/or shell as well as their associated borrow
pits and both linear and circular ditches. These are most often associated with
other precontact features such as mounds or middens, but they may occasionally
be encountered in isolation.
Excavation• Any mechanical or manual removal of rock, consolidated or
unconsolidated soil material sand or vegetation. "Excavation" includes, but is
not limited to dredging draglining bulldozing, scraping, digging, scooping, or
hollowing out.
Exceptional historic resource: The quality of significance in local history,
architecture archeology engineering and culture is present in districts sites
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buildings structures earthworks mounds and objects that possess integrity of
location design setting materials workmanship feeling, and association, and:
That are associated with events that have made a significant
contribution to the broad patterns of our history; or
That are associated with the lives of persons significant in
our past; or
That embody the distinctive characteristics of a type, period
or method of construction or that represent the work of a
master or that possess high artistic values, or that represent
a significant and distinguishable entity whose components
may lack individual distinction; or
~4) That have yielded or may be likely to yield, information
important to history or prehistory.
Historical Commission• The St. Lucie County Historical Commission established
pursuant to 4.11.05.
Historic District A geographically defined area possessing a significant
concentration linkage or continuity of buildings structures, objects,
improvements or landscape features united by historic events or by plan or
physical development and which area has been designated as a Historic District
pursuant to procedures described herein. The boundaries for such district shall
be clearly established.
Historic Landscape Feature: Individual plants such as a specimen tree, or
groups of plants such as a hedge allee agricultural field, planting bed, or a
naturally occurring plant community or habitat with historical significance.
Historic Preservation Officer A person appointed by the County Administrator to
serve as liaison to the Historical Commission. That person shall be experienced
in or knowledgeable about architectural history urban design, historic and
archaeological preservation principles archaeology planning and land use
regulations.
Historic Preservation Trust Fund: The St. Lucie County Historic Preservation
Trust Fund created for the purpose of funding the preservation of historic
resources within the unincorporated areas of the County.
Historic Resource Any prehistoric or historic district site, building, structure,
object or other real or personal property of significant historical, architectural,
engineering cultural or archaeological value. Typically an historic resource is at
least fifty years old unless other criteria apply including that it has achieved
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significance in the last fifty years. Listing on the Florida Master Site File may
indicate historic architectural engineerinq, cultural or archaeological value.
Historic resources must retain a high degree of integrity in their historic physical
characteristics such as design location, and materials. The properties may
include but are not limited to sites, earthworks, mounds and middens,
monuments memorials habitations ceremonial sites, abandoned settlements,
sunken or abandoned ships engineerinq works, treasure troves, artifacts, or
other objects with intrinsic historical or archaeological value, or any part thereof
relating to the history government or culture of the County, the State of Florida,
or the United States of America.
Interim protection measure: The interim period of time needed to protect a
property from demolition relocation alteration, or new construction until such
period of time provided by law passes for the property to be considered for
designation as a historic site, or historic district, or zone.
Local Register of Historic Places: The St. Lucie County Register of Historic
Places.
Mound An artificial bank or hill of earth or shells, especially one constructed as
part of a ceremonial or burial site. Includes middens.
National Register of Historic Places: A federal listing maintained by the U.S.
Department of the Interior of buildings structures, sites, objects and districts that
have met the criteria for significance contained in the National Historic
Preservation Act of 1966 (as amended.)
Non-contributing resource A building site landscape feature object or structure
that does not add to the historic architectural qualities, historic associations or
archaeological values for which a property is significant because it was not
present during the period of significance or does not relate to the documented
significance of the property and/or due to alterations disturbances, additions, or
other changes it no longer possesses historic integrity or is no longer capable of
yielding important information about the period.
Obiect~ Those objects that are primarily artistic or utilitarian in nature, or are
relatively small in scale and simply constructed. It may be, by nature or design,
movable an object is associated with a specific setting or environment or
modified by humans.
Ordinary maintenance and repair: Any exterior work for which a building permit is
not required by law where the purpose and effect of such work is to correct any
physical deterioration or damage of an element, by restoring it as nearly as
possible to its appearance using materials consistent with the original materials.
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Preservation: The act or process of applying measures necessary to sustain the
existing form integrity and materials of an historic propertv.
Rehabilitation: The act or process of returning a propertv to a state of utility
through repair or alteration which makes possible an efficient contemporary use,
while preserving those portions or features of the propertv that are significant to
its historical. architectural and cultural values.
Restoration: The act or process of accurately recovering the form and details of a
propertv and its setting as it appeared at a particular period of time by means of
removal of later work or by the replacement of missing earlier work and utilizing
traditional materials.
Scale' The character of any architectural work is determined both in its internal
space and in its external volume by the fundamental factor of scale, the relation
between the interior space and exterior volume.
Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitation of Historic Buildings: A set of guidelines produced by the
Department of the Interior that establish professional standards and provide
advice and guidelines on the rehabilitation of historic properties and acceptable
preservation treatments. The standards pertain to exterior and interior work on
historic buildings.
Site• The location of a significant event a prehistoric or historic occupation or
activity or a structure whether standing, ruined, or vanished, where the location
itself possesses historic cultural archaeological, or paleontological value
regardless of the value of any existing structure.
St Lucie County Historic Resources Survey, 2003: A survey that identifies the
historic resources of St. Lucie County. The survey results include mapping;
photographic documentation' research into the date of construction and original
uses' and a detailed description of each resource.
St Lucie County Register of Historic Resources: A register of those individual
cultural archaeological and historic resources and districts that have been
designated as historic pursuant to this ordinance.
Streetscape• A view or vista of a specific street, the distinguishing characteristics
of which are created by the width of the street and sidewalks, their paving
material and color the design of street furniture, the use of plant materials such
as trees and shrubs the setback mass proportion and scale of those buildings
that enclose the street.
Structure• Those functional constructions made usually for purposes other than
human shelter.
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Undue economic hardship: An exceptional financial burden that might otherwise
amount to the taking of property without lust compensation, or failure to achieve
a reasonable economic return.
Section 4.11.03 Historic Preservation Trust Fund.
A. The Clerk of the Circuit Court of St. Lucie County, acting as clerk and
auditor to the Board of County Commissioners is hereby authorized and
directed to establish in the accounts of the Board of County
Commissioners a St. Lucie County Historic Preservation Trust Fund. The
Clerk shall deposit such funds donated or otherwise contributed to the
County for historic and archaeological preservation into the St. Lucie
County Historic Preservation Trust Fund.
B. The Board of County Commissioners shall distribute the funds placed in
the St. Lucie County Historic Preservation Trust Fund, plus accrued
interest to undertake a historic and archaeological preservation strategy
or acquisition as determined by the Board.
Section 4.11.04 Historic Preservation Officer
The County Administrator shall appoint an employee of the Board of County
Commissioners to serve as the St. Lucie County Historic Preservation Officer.
The appointee shall be knowledgeable and experienced in architectural history,
urban design local history archaeology site planning and land use regulations.
The Historic Preservation Officer shall:
A. Schedule the meetings of the Historical Commission, prepare and
advertise agendas and ensure that proper notice of the meetings are
afforded to the public and affected parties.
B. Prepare local historic designation reports and make recommendations to
the Historical Commission as to whether or not the structure or site
proposed for designation meets the designation criteria under 4.11.06(1)
of this ordinance.
C. Upon receipt of a completed application for a Certificate of
Appropriateness evaluate the scope of the project to determine whether it
will be considered for review as a Standard or Special Certificate of
Appropriateness and then process the application as described in 4.11.08
(5) and (6) of this ordinance.
D. Maintain and update the official inventory register and map of historically
designated sites and districts and archaeological sites and distribute
copies to members of the Board of County Commissioners.
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E. Prepare summaries of all decisions regarding applications to include the
criteria and conditions for approval or denial
F. Review all plans for designated historic sites, historic districts and
archaeological sites for their compliance with the terms and conditions of
applicable Certificates of Appropriateness or Certificates to Dig prior to the
issuance of a construction or vegetation removal permit.
G. Apply for preservation grants and actively participate in other historic
preservation programs such as the Historic Marker Program,
administered by the Florida Division of Historical Resources, Bureau of
Historic Preservation.
H. Serve as the Certified Local Government Coordinator between the Board
of County Commissioners and the Florida Division of Historical
Resources. Bureau of Historic Preservation.
4.11.05 Historical Commission
A. Establishment.
The St Lucie County Historical Commission is hereby created and
established as a committee of the St. Lucie County Board of County
Commissioners. The Historical Commission is hereby vested with the
power authority and jurisdiction to recommend local historic designations;
issue Certificates of Appropriateness and to regulate and administer the
historical cultural architectural and archaeological resources in St. Lucie
County as prescribed by this ordinance and the direct jurisdiction and
legislative control of the Board of County Commissioners. The Historical
Commission's responsibilities shall be complementary to those of the
State Historic Preservation Office.
B. Composition; qualification of members
1. The Historical Commission shall consist of seven (7)
members. Each member shall serve at the will of the person or
entity appointing the member. Two (2) members shall be appointed
by the Board of County Commissioners as at-large members and
shall be laypersons who have demonstrated special interest,
experience or knowledge in history, architecture, or related
disciplines. Each County Commissioner shall appoint one (1) of the
other five (5) members to the Historical Commission and, to the
extent possible they shall include one (1) professional member
from each of the following fields:
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a. Anthropology archaeology history preferably local history
or folklore
b. Conservation or curation
c. Architecture preferably historic Florida architecture,
landscape architecture
d. Land use planning or historic preservation planning
e. Professional engineer or certified General or Residential
Contractor
2. The term of office for each member shall be four (4) years; however
of the members first appointed one (1) shall serve for one (1) year,
two (2) shall serve for two (2) years two (2) shall serve for three (3)
years and two (2) shall serve for four (4) years. A member who
has completed one full term is eligible to be appointed to serve a
consecutive term. No member who serves two f 2) full terms shall
be reappointed during the two (2) year period following the
expiration of his or her term. Each member of the Historical
Commission shall hold office only so long as he or she is a resident
of St Lucie County. The required professional qualifications of
each member shall be as set out in the State Historic Preservation
Office Certified Local Government Professional Qualifications
Standards, as amended.
3. Should a Historical Commission member fail to attend three (3)
consecutive meetings the Historic Preservation Officer shall verify
the same to the Board of County Commissioners. Upon such
verification the member shall be deemed to have been removed
and the Board of County Commissioners or Commissioner shall fill
the vacancy by appointment.
4. Special advisors may be appointed by the Board of County
Commissioners upon the recommendation of the Historical
Commission. They shall serve as ex-officio members having no
vote The Historical Commission shall also seek expertise on
proposals or matters requiring evaluation by a professional not
represented on the Historical Commission.
5. Members of the Historical Commission shall serve without
compensation but shall be reimbursed for necessary expenses
directly related to the performance of their official duties.
6. All vacancies to the Historical Commission, including expiration of
terms shall be filled within sixty (60) calendar days.
7. Each Historical Commission member shall make a reasonable
effort to attend State Historic Preservation Office training programs.
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8. A copy of the latest St. Lucie County Historic Resources Survey
and Archaeological Survey shall be loaned to each Historical
Commission member for their term of office.
C. Organization
The members of the Historical Commission shall elect members to serve
as Chair and Vice-Chair, for a period of one (1) year. Nothing shall prevent
the Historical Commission from electing a Chair or Vice-Chair for
successive terms. The Historic Preservation Officer or such Officer's
representative shall serve as staff liaison to the Historical Commission
with no vote.
D. Meetings, records
1. Meetings.
The Historical Commission shall be required to hold regular
meetings at least four (4) times a near or more frequently as may
be necessary to satisfy the review and hearing requirements set
forth in this ordinance. All meetings of the Historical Commission
shall be publicly announced and shall be open to the public.
Meetings will have a previously advertised agenda. The time and
place of the meetings, the order of business and the procedures to
be followed shall be as prescribed by the Historical Commission in
conjunction with the Historic Preservation Officer and shall be
available for public inspection. All meetings convened to consider
local historic designation, Certificates to Dig or Special Certificates
of Appropriateness shall be advertised at least ten (10) days prior
to the meeting in a newspaper having a general circulation within
St. Lucie County.
2. Votin .
All Historical Commission meetings will be held in a public forum.
Four (4) members of the Historical Commission shall constitute a
quorum and an affirmative vote equal to a majority of the quorum
present shall be necessary for the adoption of any motion.
3. Minutes.
The Historical Commission shall keep minutes and records of all
meetings and proceedings, including voting records, attendance,
resolutions, findings, determinations, and decisions. Such records
15
shall be filed in the office of the Historic Preservation Officer and
shall be open for public inspection.
E. Rules and regulations.
The Historical Commission shall recommend to the Board of County
Commissioners such rules and regulations reasonably necessary and
appropriate for the proper administration and enforcement of the
provisions of this ordinance. Such rules and regulations shall conform to
the provisions of this ordinance, shall not conflict with any applicable laws
or regulations and shall govern and control procedures, hearings and
actions of the Historical Commission. No such rules and regulations shall
become effective until a public hearing has been held by the Board of
County Commissioners upon the proposed rules and regulations, and any
amendments or modifications thereto, and the same have been approved
by resolution of the Board of County Commissioners and filed with the
Clerk of the Circuit Court. Upon approval by the Board of County
Commissioners such rules and regulations shall have the force and effect
of law within the unincorporated areas of St. Lucie County, Florida. Such
rules shall be open for public inspection.
F. Role of the Historical Commission
Functions Powers and Duties. As provided for in this ordinance, the
Historical Commission shall have the following powers and duties:
1. Recommend amendments to the Board of County Commissioners
to the Rules of Procedure and to this Ordinance.
2. Recommend designation of individual sites, historic districts and
archaeological zones as provided for in this ordinance.
3. Initiate petitions for the designation of individual sites and historic
districts as provided for in 4.11.06(B)(1)b.
4. Issue or deny Special Certificates of Appropriateness
5. Approve historical markers for properties listed in the St. Lucie
County Register of Historic Places.
6. Recommend building and zoning amendments to the proper
authorities.
7. Participate in the review and update of the St. Lucie County Historic
Resources Survey and the Archaeological Survey of St. Lucie
County.
16
8. Promote the awareness of historic preservation benefits and
concerns throughout the community and assist in providing
educational materials guidelines, and programs on historic
preservation in the County.
9. Review and make recommendations regarding the acceptance of
donations of real property to the Board of County Commissioners.
10. Recommend as appropriate that certain provisions of the Land
Development Code be varied amended or superseded as a means
of encouraging historic preservation.
11. Contact public and private organizations and individuals for the
purpose of encouraginq alternate arrangements that may lead to
the preservation of historic resources that might otherwise be
demolished.
12. Evaluate and make recommendations to the Board of County
Commissioners that it comment upon pending decisions by other
public agencies that affect the physical development and
appearance of architecturally archaeologically, or historically
significant sites districts, and archaeological zones.
13. At the time that the County becomes a Certified Local Government,
coordinate with the State of Florida's Division of Historical
Resources Certified Local Government program as follows:
a. The Division shall be given thirty (30) days prior notice of all
meetings and within thirty (30) days following such meetings
the Division shall be provided with the minutes and record of
attendance of both the Historical Commission and. the public.
b. The. Division shall be notified of any chance of Historical
Commission members within thirty (30) days of any changes
in membership.
c. Notify the State Historic Preservation Officer within five (5)
business days of all new historic designations or alterations
to existing designations.
d. Any amendments to the ordinance shall be submitted to the
State Historic Preservation Officer for review and comment
at least thirty (30) days prior to adoption.
e. The Division of Historical Resources shall be provided with
an annual report by November 1 covering activities of the
previous October 1 through September 30 and shall include
the following information:
17
Any changes to the Rules of Procedure;
ii All new National Register listings;
iii All new local historic designations and alterations to
existing designations;
iv Any changes to the Historical Commission
memberships and a copy of their resumes;
~ Revised resumes of Historical Commission
members as appropriate;
vi Any amendments to this Chapter;
vii A review of survey and inventory activities with
a description of the system used;
viii A program report on each grant-assisted activity;
and,
ix Number of projects reviewed.
14. The Historical Commission shall have the authority to review
applications for Special Certificates of Appropriateness for all
property in the unincorporated St. Lucie County, however owned,
by either private or public parties. Except as otherwise provided by
law, this shall apply equally to plans, projects, or work executed or
assisted by any private party, governmental body or agency,
department, authority or board of a municipality, the County, or the
State of Florida.
15. As a certified local government, participate in the National Register
Program for properties within its jurisdiction as directed by the Code
of Federal Regulations, Title 36, Part 61, and provisions of this
chapter.
16. The Historical Commission shall participate in a historic
preservation planning process to include the identification and
recordation of historic resources within the County. Such survey
process shall take place, upon approval by the Board of County
Commissioners, approximately every ten years. All historic
resource inventories shall be compatible with the Florida Master
Site File, which exemplifies the format used for statewide
comprehensive historic preservation planning, and kept current and
regularly provided to the State Historic Preservation Officer for
incorporation in the Florida Master Site File. All such resource
inventories shall be open to the public. Historical Commission
members shall be encouraged to participate in the survey process
carried out by the County.
17. Encourage the collection, arrangement, recordation, and
preservation of historical material and data, including books,
pamphlets, maps, charts, manuscripts, family histories, United
18
States Census records, papers, and other objects and material
illustrative of and relating to the history of the county and of Florida.
The Historical Commission may procure and preserve narratives
and material of every description relative to the history of St. Lucie
County and of Florida for deposit at museums owned and/or
operated by St. Lucie County. The Historical Commission shall
obtain the approval of the County Administrator prior to the deposit
of any narrative or material at any museum owned and/or operated
by the county.
18. May, upon its own initiative or upon petition of historical societies,
mark by proper monuments, tablets, or markers, the location of
forts, Indian mounds, or other places in the county. Before any
monument, tablet, or marker shall be placed or erected on county
property, the Board of County Commissioners shall obtain from the
Historical Commission a recommendation concerning design and
content.
4.11.06 Designation Process and Procedure
A. Criteria.
1. The Historical Commission shall have the authority to recommend
to the Board of County Commissioners designation of buildings
sites, districts, landscape features, roads, objects, structures and
resources as sites, districts or zones that are significant in St. Lucie
County's history, architecture, archaeology or culture and possess
an integrity of location, design, setting, materials, workmanship,
feeling or association, and meets one or more of the following
criteria:
a. Significant Event -Associated with distinctive elements of
the cultural, social, political, economic, scientific, religious,
prehistoric and architectural history that have contributed to
the pattern of history in the community, St. Lucie County, the
region, the state or the nation; or
b. Significant Person -Associated with persons significant in
the County, the region, the state or the nation's past; or
c. Architectural Significance - Embodies the distinctive
characteristics of a type, period, style or method of
construction or work of a master; or that possess high artistic
value; or that represent a distinguishable entity whose
components may lack individual distinction; or
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d. Archaeological Significance -Has yielded, or is likely to yield
information in history or prehistory; or
e. Listed in the National Register of Historic Places; or
f. Aesthetic Significance - Is part of or related to a landscape,
park, environmental feature or other distinctive area, and
should be developed or preserved according to a plan based
upon a historic, archaeological, cultural, or architectural
motif; or because of its prominent or special local, contrast of
siting, age, or scale is an -easily identifiable visual feature of
a neighborhood or area or contributes to the distinctive
quality of such neighborhood or area
g_ Found by the St. Lucie County Historic Resources Survey to
be eligible for designation on_the local register. The Survey
shall not be conclusive as to whether a site should be
designated.
2. Certain properties, which include cemeteries, birthplaces,
properties owned by religious institutions or used for religious
purposes, structures that have been moved from their original
locations, properties that have achieved significance within the last
fifty (50) years, and properties commemorative in nature will not
normally be considered for designation on the St. Lucie County
Register of Historic Places. However, such properties will qualify if
they are integral parts of districts that do meet the criteria, or if then
fall within the following categories:
a. A religious property deriving primary significance from
architectural or artistic distinction of historical importance;
b. A building or structure removed from its location but which is
primarily significant for architectural value, or is the surviving
structure most importantly associated with an historic event
or person;
c. There is no other appropriate site or building directly
associated with the life of a person significant in the County,
the region, the state or the nation's past;
d. A cemetery that derives its primary significance from graves
of persons of transcendent importance, from age, distinctive
design features, or from association with historic events;
20
e. A property primarily commemorative in intent if design, age,
tradition or symbolic value has invested it with its own
historical significance;
f. A property or district achieving significance within the past
fifty (50) years if it is of exceptional importance.
B. Procedures for Historic Designation.
Properties that meet the criteria for local historic sites and local historic districts
set forth in 4.11.02 shall be designated according to the following procedures:
1. Initiation
a. Petition of the owner.
(i) The owner(s) of any property in St. Lucie County may
apply for designation of their property as an individual
site or district. Applications for Designation must be
submitted with the appropriate fee to the Historic
Preservation Officer pursuant to the fee schedule
.established by resolution of the Board of County
Commissioners. The Historic Preservation Officer
shall, based on its findings, either recommend a
designation report be prepared or recommend denial
of the application. Nothing in this subsection shall be
deemed to restrict the power of the Historical
Commission to initiate the designation process
pursuant to (B)(1)(b), below. The applicant may
withdraw his or her application for designation at any
time before the Board of County Commissioners
makes its final decision regarding designation.
Nothing in this subsection shall be deemed to restrict
the power of the property owner(s) to reject a final
Board of County Commissioners decision to
designate as set out in (B)(9), below.
ii The Historical Commission shall within 60 days either
accept or deny the application. Upon accepting the
application, the Historical Commission will set a date
for a public hearing. The owner shall complete the
designation report and the Historic Preservation
Officer shall notify the proper parties of the public
hearing.
b. Initiation by the Historical Commission.
21
Based upon written recommendations from local, state or
national historical organizations, the Historical Commission
may initiate the designation of properties which would meet
the criteria for an Exceptional Historic .Resource as defined
in 4.11.02. When the Historical Commission votes to initiate
the designation process, it shall set a date for a public
hearing. Staff shall notify the property owner of the public
hearing and prepare the designation report.
5. Designation Reports.
Prior to the designation of an individual site or a district, the Historic
Preservation Officer shall prepare an investigation and designation
report and submit it to the Historical Commission. All reports must
address the following:
a. Legal description of the property.
b. The historical, cultural, architectural or archaeological
significance or how the property fulfills the criteria for
designation.
c. Whether the property meets the criteria for an Exceptional
Historic Resource as defined in 4.11.02.
d. Clearly established boundaries for individual historic sites
and a recommendation of boundaries for districts. When a
district is recommended, the report must identify those
properties which are considered "contributing" (i.e., that they
contribute to creating the historic character of the district) or
"non-contributing" (i.e., that they do not contribute to creating
the character of the district), but which require regulation in
order to control potentially adverse influences on the
character and integrity of the district. The standards for
regulating non-contributing properties shall provide that a
Certificate of Appropriateness and/or Certificate to Dig, as
appropriate, shall be required for alterations and new
construction on such properties.
e. Zoning Regulations. Every historic district may include
detailed zoning regulations made to be compatible with its
designation. Such regulations may be designed to supplant
or modify any element of existing zoning regulations,
including but not limited to use, floor area ratio, density,
height, set-backs, parking, minimum lot size or create any
22
additional regulations provided for in this section. The zoning
amendment may identify individual properties,
improvements landscape features or sites for which different
requlations• standards and procedures may be required.
Said zoning requlations shall not be effective until the Board
of County Commissioners approves the requlations. Every
historic site may include suggestions for variances from
current Code requirements, including but not limited to use,
floor area ratio, density, height, set-backs, and parking.
Variances shall not be effective until the Board of Adjustment
approves them.
f. The report shall also contain a location map and
photographs of all exterior surfaces, and interiors when
applicable.
g, Optional Designation of Interiors. Normally interior spaces
shall not be subject to regulation under this ordinance;
however in cases of existing structures that possess interior
spaces that are of exceptional architectural, artistic or
historical importance, and are interior spaces which are
customarily open to the public, they may be specifically
designated. The designation report shall describe precisely
those features subject to review and shall set forth standards
and guidelines for such regulations.
h. Designation reports shall also include a copy of any survey
materials related to such property, the property appraiser's
records of such property and a copy of the public hearing
newspaper advertisement.
6. Notification of owner.
For each proposed designation of an individual site or district, the
Historical Commission is encouraged to obtain the permission of
the property owner(s) of the individual site or within the designated
area. The Historic Preservation Officer shall send notification by
certified mail to the owner when the Historical Commission votes to
initiate designation and sets a date for public hearing. The Historic
Preservation Officer is also responsible, when designation is
initiated by the Historical Commission, for sending by certified mail
a copy of the designation report to the owner(s) at least thirty (30)
days prior to a public hearing held pursuant to this ordinance. Any
objections by the property owner must be notarized.
7. Interim protection measure.
23
From the date of said notification of the owner(s), no building
construction or vegetation removal permit for any new construction,
alteration, relocation, or demolition or surface alterations that may
affect the property proposed for designation shall be issued until
the Board of County Commissioners approves or denies the
designation in accordance with this section, or one hundred eighty
X180) days have elapsed, whichever shall occur first.
8. Notification of _government agencies.
Upon setting a date for public hearing on designation, the Historic
Preservation Officer shall immediately notify the appropriate
building and zoning department, the appropriate public works
department and any other County or municipal agency, including
agencies with demolition powers, that may be affected by said
filin .
9. Notice of Historical Commission public hearing.
For each individual site or district proposed for designation, a public
hearing shall be held no sooner than thirty (30) days and within one
hundred and twenty (120) days from the date a designation report
has been filed with the Historical Commission. Property owners
within a radius of 1000' from the area proposed for designation
shall receive a courtesy notice of the hearing. Owners of record of
the proposed designated properties, shall be notified of the public
hearing by registered or certified mail with return receipt requested
to the last known address of the party being served or, if the name
of any such party or his place of residence or his post office
address cannot be ascertained after diligent search, by publishing a
copy thereof once a week for four (4) consecutive weeks, in a
newspaper of general circulation within St. Lucie County. A copy of
all such notices and orders shall be posted in a conspicuous place
upon such building or structure; all of such notices and orders shall
be in writing and contain an accurate description of the building,
structure and the lot or parcel of land affected and shall be mailed,
posted or published not less than fifteen (15) days nor more than
sixty (60) days before the date therein fixed for hearing. Owners
shall be given an opportunity at the public hearing to object to the
proposed designation.
10. Requirement of prompt decision and notification.
Following the public hearing, the Historical Commission shall
recommend approval, approval with conditions, denial or
24
amendment of the proposed designation, including whether the
property should be considered an Exceptional Historic Resource,
and shall forward its recommendation to the Board of County
Commissioners within thirty (30) days of the hearing for final
approval. The Historical Commission may suspend action on the
application for a period not to exceed thirty (30) days, in order to
seek technical advice from outside its members, or to meet further
with the applicant to revise or modify the application.
11. Notice of Board of County Commissioners public hearing.
Upon receipt of the Historical Commission's recommendation, the
Board of County Commissioners shall schedule a public hearing to
consider the proposed designation. The public hearing must be
held no sooner than thirty (30) days and within sixty (60) days from
the date the Historical Commission recommendation is filed with
the Board of County Commissioners. Property owners within a
radius of 1000' from the area proposed for designation shall receive
a courtesy notice of the hearing. Owners of record of the proposed
designated properties, shall be notified of the public hearing by
registered or certified mail with return receipt requested to the last
known address of the party being served or, if the name of any
such party or his place of residence or his post office address
cannot be ascertained after diligent search, by publishing a copy
thereof once a week for four (4) consecutive weeks, in a newspaper
of general circulation within St. Lucie County. A copy of all such
notices and orders shall be posted in a conspicuous place upon
such building or structure; all of such notices and orders shall be in
writing and contain an accurate description of the building, structure
and the lot or parcel of land affected and shall be mailed, posted or
published not less than fifteen (15) days nor more than sixty (60)
days before the date therein fixed for hearing. Owners shall be
given an opportunity at the public hearing to support or object to the
proposed designation.
12. Requirement of prompt decision and notice.
The Board of County Commissioners shall approve, deny or
approve with conditions the designation, including whether the
property constitutes an Exceptional Historic Resource, and shall
designate the property by resolution. Except for property
determined to be an Exceptional Historic Resource, the owner, or a
majority of the owners if owned by more than one person, or a
majority plus one of the owners in a proposed historic district, may
reject the designation in writing by filing a written statement with the
Historic Preservation Officer within thirty (30) days of the Board of
25
County Commissioners' decision. In the event the designation is
rejected, the provisions of this ordinance governing designated
historic properties shall not apply to the subject property or district.
If approved, the property shall be added to the St. Lucie County
Local Register of Historic Places. The following parties shall be
notified of its actions with a copy of the resolution.
a. St. Lucie County Growth Management Department;
b. St. Lucie County Public Works Department;
c. St. Lucie County Clerk of Court;
d. Owner(s) of the designated property and other parties
having an interest in the property, if known;
e. Any other County or municipal agency, including agencies
with demolition powers, that may be affected by this action;
and,
f. St. Lucie County Property Appraiser.
g_ Florida Department of State
13. Amendment or rescission.
In the event the Historical Commission determines a property no
longer in full or in part meets the criteria set forth in 4.11.06(1), the
Historical Commission may recommend an amendment or
rescission of any designation provided it complies with the same
manners and procedures used in the original designation.
14. Appeal of Designation.
A party agsrieved by a designation decision may appeal such
decision in the manner provided for in this ordinance.
15. Recording of designation.
The Board of County Commissioners shall provide the Clerk of
Circuit Court with all designations for the purpose of recording such
designation and the Clerk of Circuit Court shall thereupon record
the designation according to law.
16. St. Lucie County Local Register Map.
On or before October 1St of each year, the Historic Preservation
Officer shall prepare a map showing all properties listed on the
Local Resister of Historic Places (including any properties listed on
the National Register of Historic Places) as of that date. The
Historic Preservation Officer may update the map at such other
times as he deems appropriate to reflect chances to the Local
26
Register. A copy shall be presented to each County Commissioner
and member of the St. Lucie County Historical Commission.
4.11.07 Emeraency actions.
A. Initiation
1. All structures or sites which are more than fifty (50) years old and
all archaeological sites which are listed on the Florida Master Site
File and are applying for a site plan, building permit, demolition
permit, DRI or variance application shall be submitted to the
Historic Preservation Officer for review. The Historic Preservation
Officer shall have thirty (30) days to review the structure or site. No
action may be taken on the site plan, building permit, demolition
permit, DRI or variance application until review is completed on the
property under this section.
2. If the Historic Preservation Officer determines that the structure or
site fits within the definition of "Exceptional Historic Resource" as
defined in 4.11.02, meets the criteria as outlined in 4.11.06(A), and
that irreparable harm will be done to the structure or site if the
proposed event is allowed to occur, the Historic Preservation
Officer shall refer the application to the Historical Commission for
review as set out below.
3. If the Historic Preservation Officer determines that the structure or
site does not fit within the definition of "Exceptional Historic
Resource" as defined in 4.11.02, does not meet the criteria as
outlined in 4.11.06(A), or irreparable harm will not result from the
proposed event, the Historic Preservation Officer shall return the
application to the originating department.
4. All construction activity requiring building permits or the processing
of permit applications relating to the property shall be held in
abeyance until the review by the Board of County Commissioners is
completed with regard to the subject property. The Historic
Preservation Officer shall notify the property owner(s) that such
restriction is in effect. During consideration of historic designation,
the applicant and/or owner(s) will not be denied all reasonable use
of the property.
B. Review and Recommendation by the Historical Commission
1. If the Historic Preservation Officer refers the application to the
Historical Commission, the Historic Preservation Officer shall
schedule the matter for consideration by the Historical Commission
27
and notice of the public hearing will be provided in accordance with
the provisions of 4.11.06(8)(6).
2. At the public hearing, the Historic Preservation Officer shall present
a report to the Historical Commission regarding the architectural,
historical and archaeological significance of the subject property,
including an evaluation of the property under the criteria set forth
for historic designation in 4.11.06(A). The Historical Commission
shall also hear testimony from the owner(s), the applicant(s) and all
other interested persons.
3. At the close of the public hearing, the Historical Commission shall
determine whether all of the following findings of fact have been
established:
a. There is a real and present dancer to the subject property as
evidenced by the owner's or applicant's proposal.
b. Based upon the best available data, the subject property
appears eligible for historic designation as an Exceptional
Historic Resource pursuant to this chapter. The fact that the
property has not been nominated for inclusion on the
National Register of Historic Places shall not in itself be
grounds for approval of the proposed work or development
re uest.
4. The Historical Commission may suspend action on the
application for a period not to exceed thirty (30) days, in order to
seek technical advice from outside its membership, or to meet
further with the applicant to revise or modify the application.
5. Based upon its findings of fact as provided above, the
Historical Commission shall recommend to the Board of County
Commissioners whether historic designation procedures should be
initiated for the subject propertL.
C. Review and Determination by the Board of County Commissioners
1. Following receipt of the Historical Commission's
recommendation, the Board of County Commissioners shall
conduct a public hearing in accordance with the notice procedures
set forth in 4.11.06(8)(8).
2. Should sufficient evidence be presented at the public hearing, the
Board of County Commissioners may designate the property at the
public hearing, or it may request further information and set a date
28
for a final historic designation hearing to be held within ninety (90)
days.
4.11.08 Review of Proposed Nominations to the National Register of
Historic Places
When St. Lucie County becomes a Certified Local Government, the following
procedures shall apply:
A. The Historical Commission shall develop or receive the
documentation necessary to nominate properties to the National
Register.
B. The Historical Commission shall evaluate nomination proposals
received for completeness and notify the proposal's sponsor, in
writing, identifying any technical deficiencies, within thirty (30) days
after receipt of the nomination proposal.
C. If the nomination proposal is technically complete, the Historical
Commission shall schedule the proposal on its agenda for the next
meeting or, if the notification provisions make that impossible, for
the earliest possible regular meeting.
D. The Historical Commission shall notify the following, at least thirty
(30) days but not more than seventy-five (75) days prior to the
meeting at which the nomination proposal will be considered, of its
intention to consider a nomination proposal:
1. Owners(s) of record of the property. The list of owners shall
be obtained from official tax records. Where there is more
than one owner on the list, each separate owner shall be
notified.
2. The Chair of the Board of County Commissioners. Within
thirty (30) days of such notification, the Board of County
Commissioners shall submit in writing to the Historical
Commission its recommendation as to whether or not the
property shall be nominated to the National Register.
3. State Historic Preservation Officer
E. Nomination proposals shall be considered by the Historical
Commission at a public meeting and all votes on nomination
proposals shall be recorded and made a part of the permanent
record of the meeting.
F. All nomination proposals shall be forwarded, with a record of official
action taken by the Historical Commission and the recommendation
of the Board of County Commissioners, to the State Historic
Preservation Officer within thirty (30) days after the meeting at
which they were considered.
G. If either the Historical Commission or the Board of County
Commissioners or both support the nomination, the State Historic
29
Preservation Officer shall schedule the nomination proposal for
consideration by the Florida National Register Review Board.
H. If both the Historical Commission and the Board of County
Commissioners recommend that a property not be nominated, the
State Historic Preservation Officer shall take no further action
unless an appeal is filed within thirty (30) calendar days with the
State Historic Preservation Officer.
I. Any person or organization which supports or opposes the
nomination of a property to the National Resister shall be afforded
r v n
the opportunity to make its views known in writing. To pee t
nomination to the National Register of Historic Places, objections
by property owners must be notarized. -All such correspondence
regardins a nomination proposal shall become part of the
permanent record concerning that proposal and shall be forwarded
with approved proposals to the State Historic Preservation Officer.
In the case of disapproved nomination proposals, letters of support
or comment shall be made a part of the permanent record
concerning that proposal, and a list of such letters shall accompany
the official copy of the disapproved nomination proposal when it is
forwarded to the State Historic Preservation Officer.
J. Nominations to be considered by the Historical Commission shall
be on file with the Historic Preservation Officer for at least thirty (30)
days but not more than seventy-five (75) days prior to the Historical
Commission meeting at which then will be considered. A copy shall
be made available by mail when requested by the public and shall
be made available at the County Administration Building so that
written comments regarding a nomination proposal can be
prepared.
K. Any person may appeal the decisions of the Historical Commission
under this section to the State Historic Preservation Officer. Such
appeals shall be in writing and submitted within thirty (30) calendar
days of the State Historic Preservation Officer's receipt of the
written decision of the Historical Commission.
4.11.09 Certificate of Appropriateness
A. Required
1. No building, site, landscape feature, object, structure, or mound,
midden, or earthwork, within St. Lucie County which has been
designated pursuant to this ordinance shall be altered, restored,
rehabilitated, excavated, moved or demolished until an application
for a Certificate of Appropriateness regarding any architectural
features, landscape features or site improvements has been
submitted to and approved pursuant to the procedures in this
article. The application shall include, but not be limited to, the
30
architectural style, scale, massing, siting, general design and
general arrangement of the exterior of the building or structure,
including the type, style and color of roofs, windows, doors, walls
and appurtenances. Architectural features shall include, when
applicable, interior spaces where interior designation has been
given pursuant to 4.11.06. Landscape features and site
improvements shall include, but are not limited to, site grading,
subsurface alterations, fill deposition, paving, landscaping,
vegetation removal, walls, fences, courtyards, signs and exterior
lighting. No Certificate of Appropriateness shall be approved unless
the architectural or development plans for said construction,
alteration, excavation, restoration, rehabilitation, relocation or
demolition are approved by the Historical Commission.
2. No permit shall be issued by the County that affects any property
designated pursuant to this ordinance without a Certificate of
Appropriateness.
3. All work performed pursuant to the issuance of the Certificate of
Appropriateness shall conform to the requirements of the
certificate. The Board of County Commissioners shall designate an
appropriate official to assist the Historical Commission by making
necessary inspections in connection with enforcement of this
chapter and shall be empowered to issue a stop work order if
performance is not in accordance with the issued certificate. No
work shall proceed as long as a stop work order continues to be in
effect. Copies of inspection reports shall be furnished to the
Historical Commission and co ies of an sto work orders both to
the Historical Commission and the applicant. The Public Works
Director or appropriate official and staff for the Historical
Commission shall be responsible for ensuring that any work not in
accordance with an issued Certificate of Appropriateness shall be
corrected to comply with the Certificate of Appropriateness prior to
withdrawing the stop work order.
4. Any Certificate of Appropriateness issued pursuant to the provision
of this section shall expire twelve (12) months from the date of
issuance, unless the authorized work is commenced within this time
period or a building permit has been obtained.
5. Any change in work proposed subsequent to the issuance of a
Certificate of Appropriateness shall be reviewed by the Historic
Preservation Officer. If the Historic Preservation Officer finds that
the proposed change does not affect the property's historic
character and that the change is in accordance with approved
guidelines, standards and the General intent of the original
31
Certificate of Appropriateness, the Historic Preservation Officer
may issue a supplementary standard Certificate of Appropriateness
for such change. If the proposed change is not in accordance with
the Guidelines, standards or the original intent of the Certificate of
Appropriateness, anew application for a Special Certificate of
Appropriateness shall be required.
6. A designated structure or home that is located in a historic district
or archaeological zone may not be relocated except upon approval
of a certificate of appropriateness. In considering such certificate
the Historical Commission shall determine whether any reasonable
alternative is available for preserving the improvement or structure
on its original site and whether the proposed relocation site is
compatible with the historic and architectural integrity of the
improvement or structure.
7. For the purpose of remedying emergency conditions determined to
be dangerous to life, health or property, nothing contained herein
shall prevent the making of any temporary construction,
reconstruction or other repairs to a building or site in St. Lucie
County, pursuant to an order of a government agency or a court of
competent jurisdiction. The owner of a buildinG damaged by fire or
natural disaster shall be permitted to stabilize the building
immediately without Historical Commission approval and to
rehabilitate it later under the normal review procedures of this
ordinance.
8. Where the Historic Preservation Officer or the Historical
Commission determines that any improvement within a designated
historic site or designated historic district is endangered by lack of
maintenance and repair, or that other improvements in visual
proximity to a historic sight or historic district lack maintenance and
repair to such an extent as to detract from the desirable character
of the historic site or historic district, such determination shall be
reported to the Code Compliance Division. In the event the County
Building Official determines that any structure within a designated
historic site or historic district is unsafe pursuant to the Florida
Building Code, as adopted by the County, or in violation of the
Property Maintenance Ordinance as set forth in Section 13.09.00 of
the St. Lucie County Land Development Code, such official shall
immediately notify the Historical Commission with a copy of any
findings. Where reasonably feasible within applicable laws and
regulations, the Code Compliance Division shall endeavor to
encourage repair of the structure rather than its demolition and
shall take into consideration any comments and recommendations
by the Historic Preservation Officer. The Historical Commission
32
and/or the Board of County Commissioners may take appropriate
action to encourage preservation of any such structure.
B. Forms and fees.
Applications for Certificates of Appropriateness must be submitted with the
~propriate fee to the Historic Preservation Officer pursuant to the fee
schedule established by resolution of the Board of County
Commissioners.
C. Pre-application conference
Before submitting an application for a Certificate of Appropriateness, an
applicant is encouraged to confer with the Historic Preservation Officer to
obtain information and guidance before entering into binding commitments
or incurring substantial expenses in the preparation of plans, surveys and
other data. At the request of the applicant, the Historic Preservation
Officer, or any member of the Historical Commission, an additional pre-
application conference shall be held between the applicant and the
Historical Commission or its designated representative. The purpose of
such conference shall be to further discuss and clarify preservation
objectives and Guidelines. In no case, however, shall any statement or
representation made prior to the official application review be binding on
the Historical Commission, the Board of County Commissioners, or any
County department. The ownerL) of a designated property are also
encouraged to consult with the Historic Preservation Officer prior to the
commencement of any routine maintenance and/or repairs to the site.
D. Standards for review and issuance.
The U. S. Secretary of the Interior's Standards for the Rehabilitation are
hereby adopted as the standards by which applications for any Certificates
of Appropriateness are to be measured and evaluated. In adopting these
standards, it is the intent of this ordinance to promote the proper
maintenance, restoration, preservation, rehabilitation appropriate to the
property, and compatible contemporary designs which are harmonious
with the exterior architecture and landscape features of neighboring
buildings, sites and streetscapes. From time to time, the Historical
Commission may recommend to the Board of County Commissioners
additional standards to preserve and protect special features unique to the
County. Based on the Secretary of the Interior's Standards, the
designation report, a complete application, any additional plans, drawings,
photographs and samples of materials to fully describe the proposed
project, the Historical Commission may approve or deny the application for
a Special Certificate of Appropriateness.
33
E. Standard Certificate of Appropriateness.
Where the action proposed in an application is a minor alteration to a
designated site or contributing resource within a historic district and
satisfies the standards as set forth in Section 4.11.09(D), the Historic
Preservation Officer shall, within twenty (20) calendar days of receipt of
the complete application, approve or deny the application. The findings of
the Historic Preservation Officer shall be mailed to the applicant and the
Historical Commission within three (3) days of the decision, accompanied
by a statement that explains the Officer's decision. The applicant shall
have an opportunity to challenge the Officer's decision by applying for a
Special Certificate of Appropriateness, within thirty (30) days. of the
Historic Preservation Officer's findings.
F. Special Certificate of Appropriateness.
1. Where the action proposed in an application involves a major
alteration, relocation or demolition to a designated site or a
contributing resource within a historic district or where the Historic
Preservation Officer finds that the action proposed in an application
is not clearly in accord with the standards as set forth in 4.11.09(D),
the application shall be classified as a Special Certificate of
Appropriateness and the following procedures shall govern:
2. When a complete application is received, the Historic Preservation
Officer shall place the application on the next regularly scheduled
meeting of the Historical Commission. The Historical Commission
shall hold a public hearing with notice of the application and the
time and place of the hearing as follows:
a. The applicant(s) and owner(s) shall be notified by mail at
least ten (10,~ calendar days prior to the meeting.
b. Any individual or organization requesting such notification
and paving any established fees therefore shall be notified
by mail at least ten (10) calendar days prior to the hearing.
c. An advertisement shall be placed in a newspaper at least ten
(10) calendar days prior to the hearing.
d. The Historical Commission shall approve, deny or approve
with conditions, subject to the acceptance of those
conditions by the applicant, the application. The Historical
Commission may suspend action on the application for a
period not to exceed thirty (30) days, in order to seek
34
technical advice from outside its membership, or to meet
further with the applicant to revise or modify the application.
e. The decision of the Historical Commission shall be issued in
writing. Evidence of approval shall be by Certificate of
Appropriateness issued by the Historical Commission or the
Historic Preservation Officer. When an application is denied,
the Historical Commission's notice shall provide an adequate
written explanation of its decision.
4.11.10 Demolition.
A. Demolition of a building site district, landscape feature, object,
structure earthwork mound, midden or such resource that has
been designated as historic pursuant to this ordinance may occur
only pursuant to an order of a government agencv or a court of
competent jurisdiction or pursuant to an approved application by
the owner for a Special Certificate of Appropriateness.
B. Government agencies having the authority to demolish unsafe
structures shall receive notice of designation of buildings, sites,
districts landscape features objects, structures, and
archaeological sites or zones. The Historical Commission shall be
deemed an interested party and shall be entitled to receive notice
of any public hearings conducted by said government agencv
regarding demolition of any property designated or documented as
historic pursuant to this ordinance. The Historical Commission may
make recommendations and suggestions to the government
agency and the owner(s) relative to the feasibility of and the public
interest in preserving the designated property.
C. No permit for voluntary demolition of a building, site, district,
landscape feature object structure earthwork, an archaeological
site or such resource that has been designated as historic
pursuant to this ordinance shall be issued to the owner(s) thereof
until an application for a Special Certificate of Appropriateness has
been submitted and approved pursuant to the procedures in this
section. Refusal by the Historical Commission to grant a Special
Certificate of Appropriateness shall be evidenced by written order
detailing the public interest which is sought to be preserved. The
Historical Commission shall be guided by the criteria contained in
4.11.09(D). The Historical Commission may grant a Special
Certificate of Appropriateness which may provide for a delayed
effective date of up to eighteen (18) months. The effective date
shall be determined by the Historical Commission based upon the
relative significance of the structure and the probable time required
35
to arrange a possible alternative to demolition. During the
demolition delay period, the Historical Commission may take such
steps as it deems necessary to preserve the structure concerned,
in accordance with the purposes of this chapter. Such steps may
include but shall not be limited to, consultation with civic groups,
public agencies and interested citizens, recommendations for
acquisition of property by public or private bodies or agencies, and
exploration of the possibility of moving one (1) or more structures or
other features.
D. In addition to all other provisions of this Section, the Historical
Commission shall consider the following criteria in evaluating
applications for Special Certificates of Appropriateness for the
demolition of a historic building, site, landscape feature, object,
structure, earthwork, or archaeological site.
1. Whether the historic resource is of such interest or quality
that it would reasonably meet national, state or local criteria
for designation.
2. Whether the historic resource is of such design,
craftsmanship or material that it could be reproduced only
with great difficulty and/or expense.
3. Whether the historic resource is one of the last remaining
examples of its kind in the County or the region.
4. Whether the historic resource contributes significantly to the
historic character of a designated historic district.
5. Whether retention of the historic resource promotes the
general welfare of the County by providing an opportunity for
study of local history, architecture and design or by
developing an understanding of the importance and value of
a particular culture and heritage.
6. Whether there are definite plans for reuse of the property
where the historic resource is located, if the proposed
demolition is carried out, and what will be the effect of those
plans on the character of the surrounding area.
4.11.11 Economic Hardship.
A. Where by reason of particular site conditions and restraints, or
because of unusual circumstances applicable solely to the
particular applicant strict enforcement of the provisions of this
36
chapter would result in serious undue economic hardship to the
applicant the Historical Commission shall recommend to the Board
of County Commissioners whether it is appropriate to vary or
modify adherence to this ordinance; provided always that its
requirements ensure harmony with the general purposes hereof
and will not adversely affect St. Lucie County.
B. In any instance where there is a claim of undue economic hardship,
the owner may submit by affidavit, to the Historical Commission at
least fifteen (15) days prior to the public hearing, the following
information:
1. For all property:
a. The amount paid for the property, the date of
purchase and the party from whom purchased;
b. The assessed value of the land and improvements
thereon according to the two (2) most recent
assessments;
c. Real estate taxes for the previous two (2) years;
d. Annual debt service, if any, for the previous two (2)
ey ars;
e. All appraisals obtained within the previous two (2)
years by the owner or applicant in connection with his
purchase financing or ownership of the property;
f. Anv listing of the property for sale or rent, price asked
and offers received, if any;
g_ Anv consideration by the owner as to profitable
adaptive uses for the property;
h. An estimate of the cost of the proposed demolition or
relocation;
i. A report from a licensed engineer or architect with
experience in historic rehabilitation as to the structural
soundness of the structure, and its suitability for
relocation and/or rehabilitation, however, the County
may retain an independent engineer and/or architect
to review and approve the report; and
37
L An estimate from an architect, developer, real estate
consultant, appraiser or other professional as to the
economic feasibility of the. rehabilitation or adaptive
use of the existing structure however, the County may
retain an independent engineer and/or architect to
review and approve the estimate.
2. For income-producing property:
a. Annual gross income from the property for the
previous two (2) years;
b. Itemized operating and maintenance expenses for the
previous two (2) nears; and
c. Annual cash flow, if any, for the previous two (2)
ey ars.
C. The Historical Commission may require that an applicant furnish
such reasonable additional information as the Historical
Commission believes is relevant to its determination of undue
economic hardship. In the event that any of the required information
is not reasonably available to the applicant and cannot be obtained
by the applicant, the applicant shall file with his/her affidavit a
statement of the information that cannot be obtained and shall
describe the reasons why such information cannot be obtained.
4.11.12 Maintenance of designated properties.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or
repair of any elements of any building agricultural property, utility or structure
which does not involve a change of design, appearance or material, and which
does not require a building permit.
4.11.13 Certificate to Diq.
A. A Certificate to Dig is a type of Certificate of Appropriateness. All
applications to all appropriate County agencies involving new
construction, demolition, large-scale digging, the removal of trees
or any other activity that may reveal or disturb an archaeological
site in an archaeological zone shall require a Certificate to Diq
before approval. Based on a complete application for a Certificate
to Dig the Historic Preservation Officer shall, within ten (10) days
from the date the completed application has been filed, approve or
deny the application for a Certificate to Diq by the owners of a
property in a designated archaeological zone. The applicant shall
38
have an opportunity to challenge the Historic Preservation Officer's
decision by applying for a Special Certificate of Appropriateness,
within thirty (30) days of the Historic Preservation Officer's findings.
Further the applicant may also request that his/her application be
classified as a Special Certificate of Appropriateness so that the
Historical Commission will consider it.
B. The Certificate to Diq may be made subject to specified conditions,
including but not limited to conditions regarding site excavation. In
order to comply with the requirements of the Certificate to Dig, the
applicant may be required to conduct an archaeological excavation
by a professional archaeologist who meets the U. S. Secretary of
the Interior's Standards to conduct excavations and monitoring from
the time of the approval of the Certificate to Dig until the effective
date thereof. The findings of the Historic Preservation Officer shall
be mailed to the applicant by registered mail promptly. The
applicant shall have the opportunity to challenge the staff decision
or any conditions attached to the Certificate to Diq by filing a written
notice of appeal to the Historical Commission within thirty (30) days
after receipt.
C. Approved Certificates to Diq. Approved Certificates to Diq shall
contain an effective date not to exceed sixty (60) days, at which
time the proposed activity may begin, unless the Historical
Commission decides to designate the site in question as an
individual site or district. In that case, all the rules and regulations
pertaining to the designation process shall apply from the date the
designation report has been filed.
D. All work performed pursuant to the issuance of a Certificate of
Appropriateness or Certificate to Diq shall conform to the
requirements of such Certificate. It shall be the duty of the
appropriate government agencies and the staff of the Historical
Commission to inspect from time to time any work pursuant to such
Certificate to assure compliance. In the event work is performed not
in accordance with such Certificate, the Historic Preservation
Officer shall be empowered to issue a stop work order and all work
shall cease. No person, firm or corporation shall undertake any
work on such projects as long as such stop work order shall
continue in effect.
4.11.14 Appeals
Within thirty (30) days of the written decision of the Historical Commission, an
aggrieved party may appeal the decision by filing a written notice of appeal with
the Clerk of the Board of County Commissioners. The notice of appeal shall state
39
the decision which is being appealed, the grounds for the appeal, and a brief
summary of the relief which is sought. Within sixty (60) days of the filing of the
appeal or the first regular Board of County Commissioners meeting which is
scheduled, whichever is later in time, the Board of County Commissioners shall
conduct a public hearing at which time then may affirm, modify or reverse the
decision of the Historical Commission. Nothing contained herein shall preclude
the Board of County Commissioners from seeking additional information prior to
rendering a final decision. The decision of the Board of County Commissioners
shall be in writing and a copy of the decision shall be forwarded to the Historical
Commission and the appealing party.
Within the time prescribed by the appropriate Florida Rules of Appellate
Procedure, a party aggrieved by a decision of the Board of County
Commissioners may appeal an adverse decision to the Circuit Court in and for
St. Lucie County, Florida.
4.11.15 Penalties
The provisions of this ordinance may be enforced by the St. Lucie County Code
Enforcement Board. This provision shall not preclude enforcement of this
ordinance in the Circuit Court or as otherwise authorized by law. Any fines which
result from violations of this ordinance and any fines which are levied on
designated properties for violations of any ordinance shall be placed in the
Historic Preservation Trust Fund.
4.11.16 Incentives
All properties designated as historic resources pursuant to this ordinance shall be
eligible, upon application by the owner(s), for any available financial assistance
set aside for historic preservation by St. Lucie County contingent on the
availability of funds and the scope of the project as described in the application.
4.11.17 Tax exemptions for rehabilitations to designated historic
properties.
A. Scope of tax exemptions. A method is hereby created for the Board
of County Commissioners, at its discretion, to allow tax exemptions
for the restoration, renovation, or rehabilitation of historic resources.
The exemption shall apply to one hundred percent (100%) of the
assessed value of all improvements to historic properties, which
result from restoration, renovation, or rehabilitation made on or after.
the effective date of this ordinance. The exemption applies only to
taxes levied by St. Lucie County. The exemption does not apply to
taxes levied for the payment of bonds or to taxes authorized by a
vote of the electors pursuant to Section 9(b) or Section 12, Article
40
VII of the Florida Constitution. The exemption does not apply to
personal property.
B. Duration of tax exemptions. Any exemption granted under this
section to a particular property shall remain in effect for ten (10)
years. The Board of County Commissioners shall have the
discretion to set a lesser term. The term of the exemption shall be
specified in the ordinance approving the exemption. The duration of
the exemption as established in the ordinance granting the
exemption shall continue regardless of any change in the authority
of the County to grant such exemptions or any change in ownership
of the property. In order to retain an exemption, however, the
historic character of the property, and improvements, which
qualified the property for an exemption, must be maintained in their
historic state over the period for which the exemption was granted.
C. Eligible properties and improvements. Property is qualified for an
exemption under this section if:
1. At the time the exemption is granted the property:
a. Is individually listed in the National Register of Historic
Places pursuant to the National Historic Preservation
Act of 1966, as amended; or,
b. Is identified as a contributing property in a National
Register of Historic Places listed district; or,
c. Is individually listed in the St. Lucie County Register
of Historic Places pursuant to this ordinance; or,
d. Is identified as a contributing property to a historic
district under the terms of the St. Lucie County
Ordinance.
2. The Historical Commission has certified to the Board of
County Commissioners that the property for which an
exemption is requested satisfies 4.11.09(D).
D. In order for an improvement to a historic property to qualify the
property for an exemption, the improvement must:
1. Be consistent with the U. S. Secretary of the Interior's
Standards for Rehabilitation; and
41
2. Be determined by the St. Lucie County Historical
Commission to meet the criteria established in the Rule 1A-
38, Florida Administrative Code.
3. The St. Lucie County Historical Commission has issued a
Special Certificate of Appropriateness for the proposed
improvements.
E. Applications. Any person, firm, or corporation that desires an ad
valorem tax exemption for the improvement of a historic property
must, in the near the exemption is desired to take effect, file with
the Board of County Commissioners a written application on a form
prescribed by the Department of State. The application must
include the following information:
1. The name of the property owner and the location of the
historic property;
2. A description of the improvements to real property for which
an exemption is requested and the date of commencement
of construction of such improvements;
3. Proof, to the satisfaction of the Historical Commission, that
the property that is to be rehabilitated or restored has been
designated historic pursuant to this ordinance;
4. Proof, to the satisfaction of the Historical Commission, that
the improvements to the property will be consistent with the
U. S. Secretary of Interior's Standards for Rehabilitation;
5. Other information identified in appropriate Department of
State regulations, or requested by the Historical
Commission; and
6. A completed application for a Special Certificate of
Appropriateness for the qualifying restoration or
rehabilitation.
F. Required covenant. To qualify for an exemption, the property owner
must enter into a covenant or agreement with the Board of County
Commissioners for the term for which the exemption is granted.
The form of the covenant or agreement must be established by the
Department of State and must require that the character of the
property, and the .qualifying improvements to the property, be
maintained during the period that the exemption is Granted. The
covenant or agreement shall be binding on the current property
42
owner, transferees, and their heirs, successors, or assigns.
Violation of the covenant or agreement results in the property
owner being subject to the payment of the differences between the
total amount of taxes which would have been due in March in each
of the previous years in which the covenant or agreement was in
effect had the property not received the exemption and the total
amount of taxes actually paid in those years, plus interest on the
difference calculated as provided in Section 212.12(3), Florida
Statutes.
G. The Historical Commission, or its successor, is designated to
review applications for exemptions. The Historical Commission
must recommend that the Board of County Commissioners Grant or
deny the exemption. Such reviews must be conducted in
accordance with rules adopted by the Department of State. The
recommendation, and the reasons therefore, must be provided to
the applicant and to the Board of County Commissioners before
consideration of the application at an official meeting of the Board
of County Commissioners.
H. Approval by Board of County Commissioners. A majority vote of the
Board of County Commissioners shall be required to approve a
written application for exemption. Such exemption shall take effect
on the January 1 following substantial completion of the
improvement. The Board of County Commissioners shall include
the following in the resolution approving the written application for
exemption:
1. The name of the owner and the address of the historic
property for which the exemption is granted;
2. The period of time for which the exemption will remain in
effect and the expiration date of the exemption; and
3. A finding that the historic property meets the requirements of
this ordinance.
4.11.18 Historic Village
The Board of County Commissioners may establish a Historic Village for the
placement of historic resources.
4.11.19 Time Extensions
All time limits set forth in this Ordinance may be extended, prospectively or
retroactively, at the discretion of the Growth Management Director.
43
PART C. The specific amendments to Chapter 1-10.2 of the St. Lucie County
Code and Complied Laws to read as follows, include:
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46
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49
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PART D. The specific amendments to Chapter 1-16 of the St. Lucie County
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ARTICLE I. Unchanged
ARTICLE II. Unchanged
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PART E. 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.
70
PART F. 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 G. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of
this ordinance to the Bureau of Administrative Code and Laws, Department of
State, The Capitol, Tallahassee, Florida 32304.
PART H. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART I. APPLICABILITY OF ORDINANCE
This ordinance shall be applicable in the unincorporated area of St. Lucie
County.
PART J. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Charles Grande Aye
Vice Chairman Doug Coward Aye
Commissioner Chris Dzadovsky Aye
Commissioner Chris Craft Aye
Commissioner Paula A. Lewis Aye
PART K. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County
Land Development Code, and the word ordinance may be changed to section,
article, or other appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided, however, that
parts E through K shall not be codified.
PASSED AND DULY ADOPTED this 2"d day of February, 2010.
71
BOARD OF COUI~TY~~OMMISSIO~NERS
ATTEST: ST. LUCIE CO,IJ _ . Y, FLORIDA ~ v -
Deputy Clerk n
Nt y ~ C r
APPROVED AS TO FORM AND
rr~ a CORRE ESS:
fl BY:
County Attorney
i~ ~
72
s
CHARLIE CRIST
Governor
February 16, 2010
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
Post Office Drawer 700
Fort Pierce, Florida 34954
Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk
Dear Mr. Smith:
m
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated February 11, 2010 and certified copy of St. Lucie County Ordinance No. 10-003, which was
filed in this office on February 15, 2010.
Sincerely,
~~~
~ - ~.s~-'~/~
Liz Cloud
Program Administrator
LC/srd
DIIZECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
850.245.6600 • FAX: 850.245.6735 • TDD: 850.922.4085 • http://dlis.dos.state.tl.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 STATE ARCHIVES OF FLORIDA
850.245.6700 • FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES
850.488.2812 • FAX: 850.488.9879 ADMINISTRATIVE CODE AND WEEKLY
850.245.6750 FAX: 850.245.6795 850.245.6270 • FAX; 850.245.6282
KURT S. BROWNING
Secretary of State
STATE LIBRARY AND ARCHIVES OF FLORIDA