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HomeMy WebLinkAboutSupplement No. 76: 01-2007 SUPPLEMENT NO. 76 January 2007 CODE County of ST. LUCIE, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 06-049, enacted October 17, 2006. ~ See the Code Comparative Table for further information. Remove old pczges xi, xii Checklist of up-to-date pages 321, 322 485-513 851-854 3752.13 3827-3830.1 3861, 3862 3864.1-3868 3870.1-3872 3885, 3886 Insert new pages xi, ~tii Checklist of up-to-date pages (following Table of Contents) 321, 322 485-511 851-854.1 3752.13 3827-3830.1 3861, 3862 3865-3868.2 3871-3872.1 3885, 3$86 Insert and maintain this instructian sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com TABLE OF CONTENTS-Cont'd. Chapter Page Art. II. Marine Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Art. III. On-Site Sewage Disposal Systems on Hutchinson Island .......................... 351 1-7.8 Firearms ............................................. 371 1-7.9 Fire Protection ....................................... 373 Art. I. Fire/EMS Protection Impact Fee . . . . . . . . . . . . . . 373 1-8 Fish and Game ......................................... 382.7 1-8.5 Reserved ............................................. 383 1-9 Garbage,~ash and Refuse .............................. 421 Art. I. In General ................................... 421 Art. II. Abandoned Property, Garbage, ~ash, Junk and Debris ...................................... 422 Art. III. Garbage and 14~ash Collection . . . . . . . . . . . . . . . 426 Art. IV. Mandatory Disposal . . . . . . . . . . . . . . . . . . . . . . . . . 433 Art. V. Collection of Solid Waste and Recyclable Mate- rials ........................................ 437 Div. 1. Generally ............................... 437 Div. 2. Mandatory Collection of Solid Waste ...... 443 1-10 Div. 3. Solid Waste Collection Service Agreements. Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445 465 Art. I. In General ................................... 465 Art. II. Sludge, Septage and Sewage Disposal. ........ 465 Art. III. Sewage Disposal Capacity . . . . . . . . . . . . . . . . . . . 469 Art. IV. St. Lucie County Cross Connection Control Policy ...................................... 470 1-10.2 Historic Preservation ................................ 485 Art. I. In General ................................... 485 Art. II. Historic Preservation Officer . . . . . . . . . . . . . . . . . 491 Art. III. Designation Process and Procedure . . . . . . . . . . 492 Art. IV. Certificate of Appropriateness . . . . . . . . . . . . . . . . 500 Art. V. Certificate to Dig . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Art. VI. Appeals .................................... 508 Art. VII. Penalties .................................. 508 Art. VIII. Incentives ................................ 511 1-10.5 Housing ............................................. 515 Art. I. In General ................................... 515 Art. II. Housing Finance Authority . . . . . . . . . . . . . . . . . . 515 Art. III. Fair Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516 Art. IV. State Housing Initiatives Partnership Program 522 1-11 Library ............................................... 565 Art. I. In General ................................... 565 Art. II. Libraries Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . 567 1-12 Licenses, Permits and Miscellaneous Business Regulations 617 Art. I. In General ................................... 617 Supp. No. 76 xl ST. LUCIE COUNTY CODE Chapter Page Art. II. Occupational License Taxes and Regulations .. 617 1-12.5 Life Support Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 659 1-13 Reserved ............................................. 689 1-13.3 Motor Carriers ...................................... 697 Art. I. In General ................................... 697 Art. II. Licensure ................................... 697 1-13.5 Municipal Service Taxing or Benefit Units . . . . . . . . . . . . . 715 1-13.8 Noise Control ....................................... 729 1-14 Offenses and Miscellaneous Provisions . . .. . . . .. . .. . . . . . . 739 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 739 Art. II. Regulation of Distribution of Commercial Hand- bills ........................................ 740 Art. III. Motor Vehicle ~tle Loans . . . . . . . . . . . . . . . . . . . 742 1-14.5 Officers and Employees .............................. 763 Art. I. In General ................................... 763 Art. II. Deferred Compensation Program . . . . . . . . . . . . . 763 1-15 Parks and Recreation .................................. 789 Art. I. In General ................................... 789 Art. II. Regulations for Properties and Facilities Owned or Leased by County ......................... 790 Art. III. Parks Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . 796 1-16 Planning ............................................. 849 Art. I. In General ................................... 849 Art. II. Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . 849 Art. III. Historical Commission . . . . . . . . . . . . . . . . . . . . . . 851 Art. IV. Reserved ................................... 854.1 Art. V. Reserved .................................... 854.1 1-162 Public Property ...................................... 855 Art. I. Disposition of Surplus Real Property . . . . . . . . . . 855 1-16.3 Public Buildings ..................................... 857 Art. I. In General ................................... 857 Art. II. Public Buildings Impact Fee . . . . . . . . . . . . . . . . . 857 1-16.5 Railroads ........................................... 879 1-16.75 Reseach and Development; Treasure Coast Education, Research and Development Authority . . . . . . . . . . . . . . . . 885 1-17 Roads and Bridges .................................... 903 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 903 Art. II. Special Improvement Service District . . . . . . . . . 903 Art. III. Roads Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . 907 Art. N Building and Equipment Moving . . . . . . . . . . . . . 924.8 Art. V. Street and House Naming and Numbering .... 927 Art. VI. Reserved ................................... 930 Supp. No. 76 ~i Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume.l'he letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or ~rinted in the Supplement Service, this column reflects the identification number or Supplement I*tumber printed on the bottom of the page. In addition to assisting existing hoiders of the Code, this list may be used in compiling an up-tadate copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 73, 74 24 iii OC 75, 76 26 v, vi OC 77, 78 24 vii, viii OC 79, 80 24 ix, x 75 83, 84 55 xi, xii 76 8~, 86 55 xiii, xiv 75 S7, 88 5~ xv 75 89, 90 55 1, 2 OC 91, 92 75 3, 4 OC 107, 108 32 55, 56 64 109 32 57, 58 6i 111, li2 i9 58.1 61 113, 114 19 59, 60 66 115 19 61, 62 66 157, 158 41 63, 64 66 159, 160 66 65, 66 66 160.1 66 66.1, 662 66 161, 162 38 66.3, 66.4 66 163, 164 41 66.5, 66.6 66 165, 166 41 67, 68 30 167, 168 55 69, 70 64 168.1, 1682 62 70.1, 70.2 64 169 62 71, 72 24 170.1, 1702 56 Supp. No. 76 [1] ST. LUCIE COUNTY CODE Page No. Supp. No. Page No. Supp. No. 170.3 56 296.3, 296.4 75 171, 172 52 296.5, 296.6 75 173, 174 52 296.7, 296.8 75 175, 176 52 296.9, 296.10 75 177 52 296.10.1, 296.102 75 181, 182 51 296.10.3, 296.10.4 75 183, 184 51 296.10.5, 296.10.6 75 185, 186 51 296.11, 296.12 70 187, 188 51 296.13, 296.14 70 189, 190 51 296.15, 296.16 74 191, 192 51 296.17, 296.18 74 193, 194 51 296.19 74 195, 196 51 297, 298 39 197, 198 51 299, 300 39 199, 200 51 301, 302 39 201, 202 51 303, 304 39 203, 204 51 305 42 205, 206 51 313, 314 70 207, 208 51 315, 316 70 209, 210 51 317 70 211, 212 51 321, 322 76 213, 214 51 323 61 215, 216 51 337, 338 20 217, 218 51 339 20 219 51 347, 348 34 221, 222 49 349, 350 34 223, 224 49 351, 352 34 225 49 353 34 261, 262 58 371 73 263, 264 58 373, 374 56 265, 266 58 375, 376 73 267, 268 59 377, 378 56 269, 270 59 379, 380 56 271, 272 59 380.1, 3802 56 285, 286 75 380.3, 380.4 56 286.1 74 380.5, 380.6 57 287, 288 70 380.7, 380.8 66 288.1 63 380.9, 380.10 66 289, 290 67 381 56 291, 292 71 383 29 293, 294 67 421, 422 51 294.1, 2942 67 422.1 51 295, 296 75 423, 424 44 296.1, 2962 75 425, 426 44 Supp. No. 76 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 427 44 619, 620 57 431, 432 29 621, 622 70 433, 434 66 623, 624 70 435, 436 66 625, 626 70 437, 438 66 627 70 439, 440 66 659, 660 43 441, 442 66 661, 662 43 443, 444 70 663, 664 43 445, 446 75 665, 666 43 447, 448 75 667, 668 43 465, 466 44 669, 670 43 467, 468 44 671, 672 43 469, 470 44 689 29 471, 472 70 697, 698 44 485, 486 76 699, 700 44 ~487, 488 76 701, 702 44 4$9, 490 76 703, 704 44 491, 492 76 705, 706 44 493, 494 76 707, 708 44 495, ~~6 76 715, 716 72 497, 498 76 717, 718 72 4J9, 50(~ 76 719, 720 72 501, 5U2 76 721, 722 72 543, 504 7S 723, 724 72 505, 5~6 7G 725, 726 72 5~7, 5~H8 7S '727 72 5~9, 5i0 76 729, 730 62 511 76 731, 732 67 515, 516 35 733, 734 67 517, 518 32 735, 736 64 519, 520 32 739, 740 55 521, 522 35 741, 742 56 523, 524 35 763, 764 9 56~, 566 57 789, 790 68 567, 568 57 791, 792 68 569, 570 56 793, 794 68 570.1 56 795, 796 71 571, 572 42 797, 798 71 573, 574 56 798.1, 7982 71 575, 576 42 798.3, 798.4 71 577, 578 56 798.5 71 579, 580 57 799, 800 42 581, 582 42 801, 802 56 617, 618 57 803, 804 42 Supp. No. 76 [3] ST. LUCIE COUNTY CODE Page No. Supp. No. Page No. Supp. No. 805, 806 56 959, 960 68 807, 808 72 961, 962 68 809, 810 71 963, 964 68 849, 850 29 965, 966 68 851, 852 76 967, 968 68 853, 854 76 969, 970 68 854.1 76 971, 972 68 855, 856 61 973 68 856.1 61 1005 29 857, 858 71 1035, 1036 70 859, 860 71 1036.1 70 861, 862 71 1037, 1038 34 862.1, 8622 71 1039, 1040 75 862.3 71 1040.1 72 863, 864 42 1041, 1042 34 865, 866 56 1043, 1044 59 867, 868 42 1044.1 59 869, 870 42 1045, 1046 49 871, 872 72 1047, 1048 63 873 71 1049,1050 47 879 71 1065,1066 75 885, 886 71 1067, 1068 75 903, 904 56 1068.1 75 905, 906 56 1069, 1070 74 907, 908 71 1071, 1072 74 909, 910 71 1072.1, 10722 74 911, 912 71 1073, 1074 34 913, 914 71 1075, 1076 70 915, 916 71 1077, 1078 70 917, 918 71 1079, 1080 32 918.1, 9182 72 1081, 1082 73 918.3 72 1095, 1096 56 919, 920 57 1097, 1098 55 921, 922 41 1113, 1114 30 923 56 1127 OC 924.1, 9242 34 1615 29 924.3, 924.4 34 1987 29 924.5, 924.6 34 2231, 2232 OC 924.7, 924.8 56 2233, 2234 OC 924.9, 924.10 56 2235, 2236 10 925, 926 17 2237 10 927, 928 17 2287 OC 929, 930 29 2337, 2338 15 957, 958 68 2339 15 Supp. No. 76 [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2389 OC 2895, 2896 OC 2439, 2440 44 2897 OC 2441, 2442 44 2947, 2948 OC 2443, 2444 53 2949, 2950 44 2445, 2446 55 2951, 2952 OC 2446.1 55 2953, 2954 OC 2447,2448 44 3005 53 2449, 2450 44 3063, 3064 OC 2451, 2452 44 3065, 3066 OC 2453, 2454 44 3067, 3068 OC 2455, 2456 44 3119 OC 2457, 2458 44 3169, 3170 OC 2459, 2460 44 3671, 3672 OC 2461,2462 44 3673 5 2501, 2502 53 3723, 3724 OC 2503, 2504 53 3725, 3726 OC 2505, 2506 53 3727, 3728 1 2507, 2508 53 3729, 3730 10 2509, 2510 53 3731, 3732 14 2511, 2512 53 3733, 3734 14 2513, 2514 53 3735, 3736 19 2515 53 3737,3738 18 2535, 2536 12 3739, 3740 27 2537, 2538 12 3741, 3742 27 2539, 2540 12 3743, 3744 29 2541, 2542 12 3745, 3746 29 2543 12 3747, 3748 30 2563, 2564 OC 3749, 3750 35 2615, 2616 OC 3751, 3752 51 2617, 2618 OC 3752.1, 37522 55 2619, 2620 OC 3752.3, 3752.4 57 2621 OC 3752.5, 3752.6 59 2671, 2672 66 3752.7, 3752.8 75 2673, 2674 66 3752.9, 3752.10 75 2675, 2676 66 3752.11, 3752.12 75 2677, 2678 66 3752.13 76 2679, 2680 66 3753, 3754 OC 2735, 2736 53 3755, 3756 OC 2737 53 3757, 3758 OC 2787 25 3759, 3760 OC 2837, 2838 OC 3761, 3762 OC 2839, 2840 OC 3763, 3764 OC 2841, 2842 OC 3765, 3766 OC 2843, 2844 OC 3767, 3768 53 Supp. No. 76 [~] ST. LUCIE COUNTY CODE Page No. Supp. No. 3769, 3770 OC 3771, 3772 53 3773, 3774 53 3775, 3776 53 3777, 3778 66 3827, 3828 76 3829, 3830 76 3830.1 76 3831, 3832 73 3833 71 3849, 3850 70 3851, 3852 73 3853, 3854 75 3855, 3856 74 3857, 3858 74 3859, 3860 75 3861, 3862 76 3863, 3864 75 3865, 3866 76 3867, 3868 76 3868.1, 38682 76 3869, 3870 74 3871, 3872 76 3872.1 76 3873, 3874 70 3874.1, 38742 70 3875, 3876 57 3877, 3878 70 3879, 3880 72 3881, 3882 71 3883, 3884 71 3885, 3886 76 3887, 3888 73 3889, 3890 75 3891, 3892 75 3893, 3894 75 3895, 3896 75 Supp. No. 76 [6] COURTS § 1-7-23 Board of county commissioners shall mean the board of county commissioners of St. Lucie County, Florida. Chief judge shall mean the chief judge of Florida's Nineteenth Judicial District. Clerk shall mean the clerk of the circuit court and county court of Florida's Nineteenth Judicial District and accountant to the board of county commissioners. County shall mean the incorporated and unincorporated areas of St. Lucie County, ~'lorida. Defendant shall mean a person charged with a criminal actian pursuant to Chapter $39, Florida Statutes. (Ord. No. 89-03, Pt. A, 1-24-89) Sec. 1-?-22. Creation of fund and accounting, (a) Pursuant to Section 893.13, Florida Statutes, the court may assess any defendant, on or after February 1, 1989, who is found guilty of, or pleads nolo contendere to, a violation of any provision of Chapter 893, Florida Statutes, or which involves a criminal vioIation of Section 316.193, Section 856.011, Section 856.015, or Chapter 562, Chapter 567, or Chapter 568, Florida Statutes, in addition to any fine and other penalty imposed by law for any crimunal offense under this chapter or for any criminal violation of Section 316.193, Section 856.011, Section 856A15, or Chapter 562, Chap~r 567, or Chapter 568, Florida Statu~s, an a~c~unt up to the amount of the fine authorized for the violatio~. Such additional assessment shall be used for alcohol and other drug abuse programs as provided by general ~aw and this article. Pursuant to Sectian 893.13, Florida Sta~ites, thQ cflurt is authorized #~o order a defendant to pay such assessment if it finds that the defenr~ant has the ability to p~y the fane and the additional assessment, and the defendant svitl not be prevented from being rehabilitate~ ar from making restitution. (b) Once assessed, the clerk will keep a record of assessments and those assessments shall be collected by the clerk. The clerk shall forward all monies collected to the board of county commissioners for deposit into a spe~ial and separate account titled "alcohol and other drug abuse trust fund." Once each month, the board of county commissioners shall requare a full report from the clerk as to the amount of assessments imposed by its courts, the amount of funds collected and deposited into the alcohol and other drug abuse trust fund, and amount of expenditures from the alcohol and other drug abuse trust fund. (Ord. No. 89-03, Pt. A, 1-24-89; Ord. No. 95-45, Pt. B, 9-19-95) Sec. 1-7-23. Expenditures. Monies deposited into the alcohol and other drug abuse trust fund shall be used to financially assist alcohol and other drug abuse treatment and education programs. In order to receive assistance grants from the alcohol and other drug abuse trust fund, county alcohol and other drug abuse treatment or education programs shall be selected as program recipients on the basis of selection procedures which shall be developed by the county administrator. Such Supp. No. 76 321 § 1-7-23 ST. LUCIE COUNTY CODE procedures shall include as a basis for selection the success of the program. Final approval shall be made by the board of county commissioners upon recommendation by the county administrator, and selections shall be made annually. (Ord. No. 89-03, Pt. A, 1-24-89; Ord. No. 95-45, Pt. C, 9-19-95) Secs. 1-7-24-1-7-29. Reserved. ARTICLE III. DRIVER EDUCATION SAFETY TRUST FUND Sec. 1-7-30. Authority for enactment of article. This article is enacted pursuant to the authority vested in the board of county commission- ers by virtue of the "Dori Slosberg Driver Education Safety Act". (Ord. No. 02-17, Pt. A, 6-18-02; Ord. No. 06-049, Pt. A, 10-17-06) Sec. 1-7-31. Definitions. For the purpose of this article, the following terms have only those meanings ascribed to them: Board of county commissioners shall mean the board of county commissioners of St. Lucie County, Florida. Clerk shall mean the clerk of the circuit court and county court of St. Lucie County and accountant to the board of county commissioners. County shall mean the incorporated and unincorporated areas of St. Lucie County, Florida. (Ord. No. 02-17, Pt. A, 6-18-02) Sec. 1-7-32. Creation of fund and accounting. (a) Pursuant to the Dori Slosberg Driver Education Safety Act, the clerk shall collect five dollars ($5.00) with each civil traffic penalty levied in St. Lucie County. (b) The clerk will keep a record of collections collected by the clerk. The clerk shall forward all monies collected to the board of county commissioners for deposit into a special and separate account titled "Driver Education Safety Trust Fund." Once each quarter, the board of county commissioners shall require a full report from the clerk as to the amount of funds collected and deposited into the Driver Education Safety ~ust Fund, and amount of expenditures from the Driver Education Safety 1`rust Fund. (Ord. No. 02-17, Pt. A, 6-18-02; Ord. No. 06-049, Pt. A, 10-17-06) Sec. 1-7-33. Expenditures. Monies deposited into the Driver Education Safety ~ust Fund shall be used to financially assist driver education safety programs in public and non-public schools in the county. The Supp. No. 76 322 Chapter 1-102 HISTORIC PRESERVATION* Art. I. In General, §§ 1-10.2-1-1-102-4 Art. II. Historic Preservation Officer, § 1-10.2-5 Art. III. Designation Process and Procedure, §§ 1-10.2-6-1-10.2-9 Art. N Certificate of Appropriateness, §§ 1-102-10-1-102-18 Art. V. Certificate to Dig, § 1-102-19 Art. VI. Appeals, § 1-10.2-20 Art. VII. Penalties, § 1-102-21 Art. VIII. Incentives, §§ 1-102-22, 1-10.2-23 AR,TICLE 1. GENERAL Sec. 1-102.1. Short title. This chapter shall be known as the "St. Lucie County Historic Preservation Ordinance." (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-1022. Purpose. (1) It is hereby declared as a matter of public policy that the protection, enhancement, and perpetuation of properties of historical, cultural, archaeological, aesthetic and architectural merit are in the interests of the health, prosperity and welfare of the people of St. Lucie County. (2) The purpose of this chapter is to protect the significant historic resources of St. Lucie County, to the m~imum extent practicable, in accordance with the goals and policies of the St. Lucie County Comprehensive Plan, by providing procedures for the designation and subse- quent review of certain types of changes that are proposed for these resources. (3) The safeguarding of the historic resources in St. Lucie County is also intended to: a. Foster civic pride in the accomplishments of the past; b. Protect and enhance the county's historical heritage and provide an economic stimulus through heritage tourism; c. 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; d. Encourage adaptive use of historic resources by giving them priority over activities that would harm or otherwise destroy their historic value; *Editor's note-Ord. No. 06-045, Pt. A, adopted Dec. 5, 2006, amended Ch. 1-102 in its entirety to read as herein set out. Former 1-102 pertained to similar subject matter and derived from Ord. No. 05-03, Pt. A, adopted Aug. 2, 2005. Supp. No. 76 485 § 1-1022 ST. LUCIE COiJNTY CODE e. Enhance property values; f. Stabilize neighborhoods and business centers; g. Increase economic and financial benefits to the county and its inhabitants; h. Combat blight; i. Promote historic awareness in the county; j. Enhance the visual and aesthetic character of the county; and k. Protect and enhance the archaeological resources of the county. (4) In addition, the provisions of this chapter will assist the county and property owners 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 lixnited to, section 193.503, Florida Statutes, and the National Register of Historic Places program. (5) This chapter is intended to and shall govern and be applicable to all property located within the unincorporated areas of St. Lucie County, Florida. (6) 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. (7) The St. Lucie County Register of Historic Places is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historically significant. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-102-3. 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 building. 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. Archaeological site: A single specific location that has yielded or is likely to yield information on local history or prehistory. Supp. No. 76 486 HISTORIC PRESERVATION § 1-102-3 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 local history or prehistory based upon broad prehistoric or historic settlement patterns. Artifact: 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: A certificate issued by the St. Lucie County Historical Commission or its designated staff, which permits certain alterations or improvements to a designated individual site or a property within a historic district. Certi~cate 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. 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 archaeolog- ical 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 significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important historical information. 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 staff of the Historical Commission 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, location maps, representative photographs and a physical description of the historic resource(s). Supp. No. 76 c~g'] § 1-102-3 ST. LUCIE COUNTY CODE 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. Excdvation: Any mechanical or manual removal of rock, consolidated or unconsolidated soil material, sand, or vegetation. "Excavation" includes, but is not limited to, dredging, draglin- ing, bulldozing, scraping, digging, scooping, or hollowing out. Exceptional historic resource: A cultural or historic resource, which would reasonably meet national, state or local criteria for historic designation and meets one (1) or more of the following criteria: a. It is one of a kind or one of the last of its kind in the county or region; or falls within a category of resources so fragile that survivors are unusual. b. It possesses a design value quickly recognized as historically significant by the architectural or engineering profession. c. It falls within a category of those resources for which the community has an unusually strong associative attachment; or reflects the extraordinary impact of a political or social event. d. It is an integral part of a district that is eligible for listing in the National Register of Historic Places. e. Retention of the historic resource promotes the public good of the county by providing an opportunity to interpret history, architecture and design. Historical Commission: The St. Lucie County Historical Commission established pursuant to section 1-16-41, St. Lucie County Code of Ordinances and Compiled Laws. 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. Historic landscape fe¢ture: 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 the staff to the Historical Commission. That person shall be experienced in, or knowledgeable about, architectural history, urban design, historic preservation principles, planning and land use regulations. Historic Preseruation Trust Fund: The St. Lucie County Historic Preservation Trust Fund created for the purpose of funding the preservation of historic resources within the unincor- porated areas of the county. Supp. No. 76 4$$ HISTORIC PRESERVATION § 1-102-3 Historic resource: Any prehistoric or historic district, site, building, object or other real or personal property of historical, architectural or archaeological value. The properties may include, but are not limited to, monuments, memorials, habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering 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 Histaric Places National Register of Historic Places: A federal listing maintai~ed by the U.S. Depart~nent of the Interior of buildings, structures, sites, objects and districts that have met the crite~ia for significance contained in the National Historic Preservation Act of 1966 (as amena3ed.) 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 a.i~erations, disturbances, additions, or other changes, it no longer possesses historic integrity or is no longer capable of yielding important information ai~out the perioci. Object: Those objects that are primarily artistac 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. 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. Preservation: The act or process of applying measures necessary to sustain the e~sting form, integrity, and materials of an historic property. Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property that are significant to its historical, architectural and cultural values. Resource of exceptional importance: A historic resource that is of exceptional importance because it is (a) one of a kind; (b) directly related to a major theme in the county or region's - development; and (c) significant in multiple areas which can include history, architecture, landscape design, or archaeology. Supp. No. 76 489 § 1-102-3 ST. LUCIE COUNTY CODE Restoration: The act or process of accurately recovering the form and details of a property 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 e~uting structure. St. Lucie County Historic Resources Suruey, 2003: A survey that identifies the historic resources of St. Lucie County. The survey results include mapping; photographic documenta- tion; research into the date of construction and original uses; and a detailed description of each resource. 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. Standard certificate of appropriateness: A standard certificate of appropriateness shall be issued by the staff of the Historical Commission when the work proposed is a minor alteration, routine maintenance or in-kind replacement as set forth in the rules adopted by the Historical Commission. St. Lucie County Register of Historic Places: A register of those individual cultural and historic resources and districts that have been designated as historic pursuant to this chapter. 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. Undue economic hardship: An exceptional financial burden that might otherwise amount to the taking of property without just compensation, or failure to achieve a reasonable economic return. (Ord. No. 06-045, Pt. A, 12-5-2006) Supp. No. 76 490 HISTORIC PRESERVATION § 1-102-5 Sec. 1-10.2-4. Historic preservation trust fund. (1) The Clerk of the Circuit Court of St. Lucie County, acting as clerk and auditor to the board is hereby authorized and directed to establish in the accounts of the board of county commissioners a St. Lucie County Historic Preservation ~ust Fund. The clerk shall deposit such funds donated or otherwise contributed to the county for historic preservation into the St. Lucie County Historic Preservation Trust Fund. (2) The board shall distribute the funds placed in the St. Lucie County Historic Preserva- tion ~ust Fund, plus accrued interest, to undertake a historie preservation strategy as determined by the board. (Ord. No. 06-045, Pt. A, 12-5-2006) AR.TICLE II. HISTORIC PR,ESERYATION OFFICER, Sec. 1-10.2-5. Appointment and duties. The county administrator shaIl appoint an employee of the board to serve as the St. Lucie County Historic Preservation Officer. The appoiritse s~hall ~e knowledgeable and ~gperienced in architectural history, urban design, local history, site pianning and land use regulat~ons. The historic preservation officer shall: (1) Schedule the meetings af the Histori~cal ~C~~aissia~, prepare ag~ndas, and ea~sure that proper notice of the ~neetings are a$'oxded to the public a~~i a#~'~cted parties. (2) Prepare local historic designation reports and ma~e recommendations tt~ the Histc~rical Commission as ta whether or not they meet t~e designation criteria un~er article ~~ of this chapter. (3) Upon receipt of a completed application for a certificate of appropriateness, evaluate the scope of the project to determine whether it will ~e considered for review as a standard or special certificate of appropriateness, and then process the application as described in article V and VI of this chapter. (4) Maintain and update the official inventory and map of historically designated sates and districts. (5) Prepare summaries of all decisions regarding applications to include the criteria and conditions for approval or denial. (6) Review all plans for designated historic sites and historic districts, for their compliance with the terms and conditions of applicable certificates of appropriateness or certifi- cate to dig prior to the issuance of a construction or vegetation removal permit. (7) 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. Supp. No. 76 491 § 1-102-5 ST LUCIE COUNTY CODE (8) Serve as the certified local government coordinator between the board and the Florida Division of Historical Resources, Bureau of Historic Preservation. (Ord. No. 06-045, Pt. A, 12-5-2006) ARTICLE III. DESIGNATION PROCESS AND PROCEDUR.E Sec. 1-10.2-6. Role of the Historical Commission. (1) General powers. The St. Lucie County Historical Commission is hereby vested with the power, authority and jurisdiction to recommend local historical 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 chapter and the direct jurisdiction and legislative control of the board. The composition and qualification of inembers of the St. Lucie County Historical Commission shall be as set out in section 1-16-41, St. Lucie County Code of Ordinances and Compiled Laws. (2) Rules and regulations. The Historical Commission shall recommend to the board such rules and regulations reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this chapter. Such rules and regulations shall conform to the provisions of this chapter, 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 upon the proposed rules and regulations, and amendments or modifications thereto, and the same have been approved by resolution of the board and filed with the clerk of the circuit court. Upon approval by the board, such rules and regulations shall have the force and effect of law within the unincorporated areas of St. Lucie County, Florida. (3) Functions, powers, and duties. The Historical Commission shall have the following powers and duties: (A) Recommend adoption or amendment of rules of procedure. (B) Recommend designation of individual sites, and historic districts and archaeological zones. (C) Initiate petitions for the designation of individual sites and historic districts. (D) Issue or deny certificates of appropriateness and certificates to dig. (E) Approve historical markers for properties listed in the St. Lucie County Register of Historic Places. (F) Recommend building and zoning amendments to the proper authorities. (G) Establish criteria for staff to issue standard certificates of appropriateness. (H) Review and update the St. Lucie County Historic Resources Survey and the Archae- ological Survey of St. Lucie County. (I) Promote the awareness of historic preservation concerns throughout the community. Supp. No. 76 492 HISTORIC PRESERVATION § 1-102-6 (J) Review and make recommendations regarding the acceptance of donations of real property to the board. (K) Recommend as appropriate that certain provisions of the zoning code be varied, amended or superceded as a means of encouraging historic preservation. (L) Contact public and private organizations and individuals for the purpose of arranging intervening agreements that may lead to the preservation of historic resources that might otherwise be demolished. (M) Evaluate and comment upon pending decisions by other public agencies that affect the physical development and appearance of architecturally, archaeologically or histori- cally significant sites, districts and archaeological zones. (N) Coordinate with the State of Florida's Division of Historical Resources Certified Local Government program as follows: 1. 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 committee and the public. 2. The division shall be notified of any change of committee members within thirty (30) days of any changes in membership. 3. Notify the state historic preservation officer within five (5) business days of all new historic designations or alterations to existing designations. 4. 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. 5. 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: a. Any changes in the board's rules of procedure; b. All new National Register listings; c. All new local historic designations and alterations to existing designations; d. Any changes to board memberships and a copy of their resumes; e. Revised resumes of board members as appropriate; f. Any amendments to this chapter; g. A review of survey and inventory activities with a description of the system used; h. A program report on each grant-assisted activities; and i. Number of projects reviewed. (O) The Historical Commission shall have the authority to review applications for 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 Supp. No. 76 493 § 1-102-6 ST. LUCIE COUNTY CODE 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. (P) The Historical Commission shall receive all nominations of local property to the National Register of Historic Places following the regulations of the state historic preservation office. The commission shall give notice to the owner of the property at least thirty (30) days but not more than seventy-five (75) days prior to the Historical Commission meeting at which the nomination will be considered. The commission shall also obtain approval by the board for the nomination to the National Register, and these recommendations shall be given to the board within thirty (30) days. The commission shall obtain comments from the public that shall be included in the report making a recommendation. Objections to being listed in the National Register by property owners must be notarized and filed with the historic preservation officer. Within thirty (30) days after the board meeting, the commission recomxnendation shall be forwarded to the state historic preservation officer. The state historic preservation officer will take further steps on the nomination in accordance with federal and state regulations. If the board supports the nomination, the state historic preservation officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-10.2-7. Criteria. (1) The Historical Commission shall have the authority to recommend 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 (1) 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 contrib- uted 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 chaxacteristics 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 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 Supp. No. 76 494 HISTORIC PRESERVATION § 1-102-8 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, 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. (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 o~ the St. Lucie County Register of Historic Places. However, such prnperties will qualify if th~ey are integral parts of districts that do meet the criteria, or if they fall within the ft~llowing categories: a. A religious property deriving primary significance from architecturai or artistic distinction of historical importance; b. A building or structure removed from its location but which is primarily signifi~ant for architectural value, or is the surviving structure most importantly associated wit~i an historic event or person; c. There is no other appropriate site or building directly associated with the life ~f a person significant in the county, the region, the sta#e ~r the nation's past; d. A cemetery that derives its primary significance from graves of persons ~f tr~sc~n- dent importance, from age, distinctive design features, or froan associatian with historic events; 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 (5a) years if it is of exceptional importance. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-102-8. Procedures for historic designation. Properties that meet the criteria for local historic sites and local historic districts set forth in section 1-102-12 shall be designated according to the following procedures: (1) Petition of the owner. The owner(s) of any property in St. Lucie County may petition the Historical Commission for designation of their property as an individual site or district. The historic preservation officer shall, based on its findings, either recommend a designation report be prepared or recommend denial of the petition. Nothing in this subsection shall be deemed to restrict the power of the Historical Commission to initiate the designation process pursuant to this section. Supp. No. 76 495 § 1-10.2-8 ST. LUCIE COUNTY CODE (2) Directiue of the Historical Commission. The Historical Commission shall either accept or deny the application. By accepting the application, the Historical Commission must set a date for a public hearing and shall direct staff to complete the designation report and notify the proper parties of the public hearing. (3) Initiation by the Historical Commission. 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 subsection 1-102-3(18) by notifying the property owner and directing the historic preservation officer to prepare the designation report. (4) 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 subsection 1-10.2-3(18). d. 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 chaxacter 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 site and 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 regula- tions, including but not limited to use, floor area ratio, density, height, set-backs, parking, minimum lot size or create any additional regulations provided for in this section. The zoning amendment may identify individual properties, improve- ments, landscape features or sites for which different regulations; standards and procedures may be required. Said zoning regulations shall not be effective until the board approves the regulations. 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 chapter; however, in cases of existing structures that Supp. No. 76 496 HISTORIC PRESERVATION § 1-102-8 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. (5) 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, and is responsible for sending by certified mail a copy of the designation report to the owner(s) as notification of the intent of the Historical Commission to consider designation of the property at least thirty (30) days prior to a public hearing held pursuant to this chapter. (6) Interim protection measure: From the date of said notification of the owner, 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 approves or denies the designation in accordance with this section, or one hundred twenty (120) days have elapsed, whichever shall occur first (7) Noti~cation of government agencies. Upon filing of a designation report, 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 filing. (8) Notice of Historical Commission public hearing. For each individual site or district proposed for designation, a public hearing must be held no sooner than thirty (30) days and within sixty (60) days from the date a designation report has been filed with the Historical Commission. Property owners within a radius of one hundred fifty (150) feet from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least fifteen (15) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. (9) Requirement of prompt decision and notification. Following the public hearing, the Historical Commission shall recommend approval, denial or amendment of the proposed designation, including whether the property should be considered an exceptional historic resource, and shall forward its recommendation to the board within thirty (30) days of the hearing for final approval. Supp. No. 76 497 § 1-102-8 ST. LUCIE COUNTY CODE (10) Notice of board public hearing. Upon receipt of the Historical Commission's recom- mendation, the board 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. Property owners within a radius of one hundred fifty (150) feet from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least fifteen (15) days prior to the hearing. Owners shall be given an opportunity at the public heaxing to object to the proposed designation. (11) Requirement of prompt decision and notice. The board 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 (1) person, or a majority plus one (1) of the owners in a proposed historic district, may reject the designation in writing by filing a written statement with the historic preservation officer. In the event the designation is rejected, the provisions of this chapter governing designated historic properties shall not apply to the subject property or district. The property shall remain subject, however, to the provisions of section 4.11.01, St. Lucie County Land Development, if applicable. 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, £ St. Lucie County Property Appraiser. (12) 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 section 1-102-13, 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. (13) Appeal of designation. A party aggrieved by a designation decision may appeal such decision in the manner provided for in this chapter. Supp. No. 76 498 HISTORIC PRESERVATION § 1-102-9 (14) Recording of designation. The board 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. (15) St. Lucie County Local Register Map. On or before October 1 of each year, the historic preservation officer shall prepare a map showing all properties listed on the Local 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 changes to the local register. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-10.2-9. Emergency actions. (1) The historic preservation officer may request the Historical Commission to take emergency action to review a threat to a property which has not yet been designated as a historic resource but which appears to be eligible for such designation, if the historic preservation officer determines irreparable harm will be done to the historic resource if the proposed demolition, alteration, or construction is allowed to occur. (2) The department receiving an application concerning a potential historic resource shall provide written notification to the historic preservation officer within five (5) working days of the receipt of the application for permits which do not require a public hearing. (3) If the historic preservation officer determines irreparable harm will be done to the potential historic resource if the proposed demolition, alteration, or construction is allowed to occur, the historic preservation officer will schedule the matter for consideration by the Historical Commission. Notice of the public hearing will be pravided in accordance wit~ the provisions of subsection 1-102-14(11). (4) All construction activity requiring building permits or the processing of permit appli- cations relating to the property shall be held in abeyance until the review by the board is completed with regard to the subject property. (5) Review and determination by the Historical Commission: (a) 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 subsection 1-102-13(1). The Historical Commission shall also hear testimony from the owner, the applicant and all other interested persons. (b) At the close of the public hearing, the board shall determine whether all of the following findings of fact have been established: 1. There is a real and present danger to the subject property as evidenced by the owner or applicant's proposal. Supp. No. 76 499 § 1-102-9 ST. LUCIE COUNTY CODE 2. Based upon the best available data, the subject property appears eligible for historic designation pursuant to this chapter. The fact that the property has not been nominated for included on the National Register of Historic Places shall not in itself be grounds for approval of the proposed work or development request. 3. During consideration of historic designation, the applicant and/or owner will not be denied all reasonable use of the property. (6) Based upon its findings of fact as provided above, the Historical Commission shall recommend to the board the historic designation procedures should be initiated for the subject property. Following receipt of the Historical Commission's recommendation, the board shall conduct a public hearing in accordance with the notice procedures set forth in subsection 1-102-14(10). If in the judgment of the board all of the findings of fact as set forth above have been established, the board shall initiate the historic designation procedures for the subject property. Should sufficient evidence be presented at the public hearing, the board may designate the property as a public hearing, or it may request further information and set a date for a final historic designation hearing to be held within ninety (90) days. (7) If the historic designation procedures are initiated, the county shall make every effort to complete the historic designation process in a timely fashion. Except as otherwise set forth in this section, the historic designation process shall follow the same procedures as a regular historic designation. (Ord. No. 06-045, Pt. A, 12-5-2006) AR.TICLE IV. CERTIFICATE OF APPROPRIATENESS Sec. 1-102-10. Required. (1) No building, site, landscape feature, object, structure, or earthwork, within St. Lucie County which has been designated pursuant to this chapter or is located within an archaeological zone as defined in section 1-102-3 shall be altered, restored, rehabilitated, excavated, moved or demolished until an application for a certificate of appropriateness regaxding 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 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 article IV. 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. Supp. No. 76 500 HISTORIC PRESERVATION § 1-102-10 (2) No permit shall be issued by the county that affects any property designated pursuant to this chapter 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 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 in effect. Copies of inspection reports shall be furnished tfl the Historical Commission and copies of any stop work orders both to the Historicai 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 appropriate- ness 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 appropri- ateness 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 accord with approved guidelines, standards and the general intent of the oraginal 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 accord with the guidelines, standards or the original intent of the certificate of appropriateness, a new 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 board 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 calaxnity shall be permitted to stabilize the building immediately without Historical Commission approval and to rehabilitate it later under the normal review procedures of this chapter. (8) Where the historic preservation officer or the Historical Commission determines that any improvement within a designated historic site or designate historic district is endangered by lack of maintenance and repair, or that other improvements in visual proximity to a historic Supp. No. 76 501 § 1-102-10 ST. LUCIE COUNTY CODE 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 and/or the board may take appropriate action to encourage preservation of any such structure. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-10.2-11. Forms and fees. Applications for certificates of appropriateness must be made on forms approved and provided by the Historical Commission and must be submitted with the appropriate fee to the historic preservation officer pursuant to the fee schedule established by resolution of the board. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-102-12. 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 prepara- tion 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 represen- tation made prior to the official application review be binding on the Historical Commission, the board, or any county department. The owner(s) 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. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-102-13. 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 chapter to promote the proper maintenance, restoration, preservation, rehabilitation appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architecture and Supp. No. 76 502 HISTORIC PRESERUATION § 1-102-15 landscape features of neighboring buildings, sites and streetscapes. From time to time, the Historical Commission may adopt 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 certificate of appropriateness. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-10.2-14. Standard certificate of appropriateness. Where the action proposed in an application is a minor alteration to a designated si?tQ or contributing resource within a historic district, as specified by the rules of pro~edure of the Historical Commission, and satisfies the standards as set forth in section 1-102-18, the historic preservation officer shall, within ten (10) calendar days of receipt of the cor~nplete application, approve or deny the application. The findings of the histflric preservation officer shall be mailed to the applicant within three (3) days of the staffs decision, accompani~d ~y a statement that explains the officer's decision. The applicant shall have an op~ortu~i~y to challenge the officer's decision by applying for a special certificate of approp~iateness, within thirty (30) days of the historic preservation officer's findings. Fnrther, the applicant nnagr aiso request that his/her application be classified as a special certifica~ of appropriateness so that the Historical Commission will consider it. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-102-15. Special certificate of appropriateness. (1) Where the action proposed in an applicatio~ involves a major alteration, relacatio~ or demolition to a designated site or a contributing resource within a historic rlistrict, as speca~ierl by the rules of the Historic Preservation Committee, or wher~ the historic preservation of~icer finds that the action proposed in an application is not clearly in accord with the standards as set forth in section 1-102-19, the application shall be classified as a special certifi~eate 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 shall be notified by mail at least ten (10) calendar days prior to the meeting. b. Any individual or organization requesting such notification and paying any estab- lished 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. Supp. No. 76 503 § 1-102-15 ST. LUCIE COUNTY CODE d. The Historical Commission shall approve, deny or approve with conditions, subject to the acceptance of those conditions by the applicant. 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. 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 its designated staff. When an application is denied, the Historical Commission's notice shall provide an adequate written explanation of its decision. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-10.2-16. Demolition. (1) Demolition of a building, site, district, landscape feature, object, structure, earthwork, or such resource that has been designated as historic pursuant to this chapter or is located within an archaeological zone as defined in section 1-102-3 may occur only pursuant to an order of a government agency or a court of competent jurisdiction or pursuant to an approved application by the owner for a special certificate of appropriateness. (2) 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 agency regarding demolition of any property designated or documented as historic pursuant to this chapter. 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. (3) 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 chapter 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 section 1-102-19. The Historical Comxnission may grant a special certificate of appropriate- ness, which may provide for a delayed effective date of up to eighteen (18) months. The effective date shall be deterxnined by the Historical Commission based upon the relative significance of the structure and the probable time required 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. Supp. No. 76 504 HISTORIC PRESERVATION § 1-102-17 (4) In addition to all other provisions of this section, the Historical Commission shall consider the following criteria in evaluating applications for special certificates of appropri- ateness for the demolition of a historic building, site, landscape feature, object, structure, earthwork, or archaeological site. a. Whether the historic resource is of such interest or quality that it would reasonably meet national, state or local criteria for designation. b. Whether the historic resource is of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense. c. Whether the historic resource is one of the last remaining examples of its kind in the county or the region. d. Whether the historic resource contributes significantly to the historic character of a designated historic district. e. 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. f. 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. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-102-17. Economic hardship. {1) 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 chapter would result in serious undue economic hardship to the applicant, the Historical Commission shall recommend to the board whether it is appropriate to vary or modify adherence to this chapter; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect St. Lucie County. (2) 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: a. For all property: 1. The amount paid for the property, the date of purchase and the party from whom purchased; 2. The assessed value of the land and improvements thereon according to the two (2) most recent assessments; 3. Real estate taxes for the previous two (2) years; 4. Annual debt service, if any, for the previous two (2) years; Supp. No. 76 505 § 1-102-17 ST. LUCIE COUNTY CODE 5. 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; 6. Any listing of the property for sale or rent, price asked and offers received, if any; 7. Any consideration by the owner as to profitable adaptive uses for the property; 8. An estimate of the cost of the proposed demolition or relocation; 9. 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 10. 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. b. For income-producing property: 1. Annual gross income from the property for the previous two (2) years; 2. Itemized operating and maintenance expenses for the previous two (2) years; and 3. Annual cash flow, if any, for the previous two (2) years. (2) The Historical Commission may require that an applicant furnish such additional information as the Historical Commission believes is relevant to its determination of undue economic haxdship and may provide in appropriate instances that such additional information be furnished under seal. 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. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-10.2-18. 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. (Ord. No. 06-045, Pt. A, 12-5-2006) Supp. No. 76 506 HISTORIC PRESERVATION § 1-102-19 AR,TICLE V. CERTIFICATE TO DIG Sec. 1-10.2-19. Certificate to dig. (1) A certificate to dig is a type of certificate of appropriateness. Within an archaeological zone as defined in section 1-102-3, new construction, filling, digging, the removal of trees, or any other activity that may alter or reveal an archaeological site shall be prohibited without a certificate to dig. 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 dig before approval. Based on a complete application for a certificate to dig and any additional guidelines the Historical Commission may deem necessary, the staff of the Historical Commission shall, within ten (10) days from the date the completed application has been filed, approve or deny the application for a certificate to dig by the owners of a property in a designated archaeological zone. The applicant shall have an opportunity to challenge ~he officer's decision by applying for a special certificate of appropriateness, within thirty (3Q) days of the 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. (2) The certificate to dig may be made subject to specified conditions, including but not limited to conditions regarding site egcavation. 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 conduc~ excavations and monitoring from the time of the approval of t,he certificate to dig until the effective date thereof. The findings of the of~cer shall be mailed to the applicant by registered mail promptly. The applicant shall have the opportunity to challenge the staff decision or a~y conditions attached to the certificate to dig by filing a written notice of appeal to the Historical Commission within thirty (30) days after receipt. (3) Approved certificates to dig. Approved certificates to dig 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 distsict. In that case, all the rules and regulations pertaining to the designation process shall apply from the date the designation report has been filed. (4) All work performed pursuant to the issuance of a certificate of appropriateness or certificate to dig 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. (Ord. No. 06-045, Pt. A, 12-5-2006) Supp. No. 76 507 § 1-102-20 ST. LUCIE COUNTY CODE AR.TICLE VI. APPEALS Sec. 1-10.2-20. 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 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 meeting which is scheduled, whichever is later in time, the board shall conduct a public hearing at which time they may affirm, modify or reverse the decision of the Historical Commission. Nothing contained herein shall preclude the board from seeking additional information prior to rendering a final decision. The decision of the board 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 ofAppellate Procedure, a party aggrieved by a decision of the board may appeal an adverse decision to the Circuit Court in and for St. Lucie County, Florida. (Ord. No. 06-045, Pt. A, 12-5-2006) AR.TICLE VII. PENALTIES Sec. 1-10.2-21. Penalties. The provisions of this chapter may be enforced by the St. Lucie County Code Enforcement Board. This provision shall not preclude enforcement of this article in the circuit court or as otherwise authorized by law. (Ord. No. 06-045, Pt. A, 12-5-2006) ARTICLE VIII. INCENTIVES Sec. 1-10.2-22. Incentives. All properties designated as historic resources pursuant to this chapter 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. (Ord. No. 06-045, Pt. A, 12-5-2006) Sec. 1-102-23. Tag ezemptions for rehabilitations to designated historic properties. (1) Scope of tax exemptions. A method is hereby created for the board, at its discretion, to allow tax exemptions for the restoration, renovation, or rehabilitation of historic resources. The exemption shall apply to one hundred (100) percent of the assessed value of all improvements to historic properties, which result from restoration, renovation, or rehabilita- Supp. No. 76 ~j~g HISTORIC PRESERVATION § 1-102-23 tion made on or after the effective date of this chapter. 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 VII of the Florida Constitution. The exemption does not apply to personal property. (2) Duration of tax exemptions. Any exemption granted under this section to a particular property shall remain in effect for ten (10) years. The board shall have the discretion to set a lesser term. The terxn 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. (3) Eligible properties and improvements. Property is qualified for an exemption under this section if: a. At the time the exemption is granted the property: 1. Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or 2. Is identified as a contributing property in a National Register of Historic Places listed district; 3. Is individually listed in the St. Lucie County Register of Historic Places pursuant to this chapter; 4. Is identified as a contributing property to a historic district, under the terms of the St. Lucie County Ordinance. b. The Historical Commission has certified to the board that the property for which an exemption is requested satisfies subsection 1-10.2-28(a). (4) In order for an improvement to a historic property to qualify the property for an exemption, the improvement must: a. Be consistent with the U.S. Secretary of the Interior's Standards for Rehabilitation; and b. Be determined by the St. Lucie Historical Commission to meet the criteria established in the Rule 1A-38, Florida Administrative Code. c. The St. Lucie County Historical Commission has issued a special certificate of appropriates for the proposed improvements. Supp. No. 76 509 § 1-102-23 ST. LUCIE COUNTY CODE (5) Applications. Any person, firm, or corporation that desires an ad valorem tax exemption for the improvement of a historic property must, in the year the exemption is desired to take effect, file with the board a written application on a form prescribed by the department of state. The application must include the following information: a. The name of the property owner and the location of the historic property; b. A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements; c. 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 chapter; d. 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; e. Other information identified in appropriate department of state regulations, or requested by the Historical Commission; and £ A completed application for a special certificate of appropriateness for the qualifying restoration or rehabilitation. (6) Required covenant. To qualify for an exemption, the property owner must enter into a covenant or agreement with the board 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 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. (7) The Historical Commission, or its successor, is designated to review applications for exemptions. The Historical Commission must recommend that the board 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 therefor, must be provided to the applicant and to the board before consideration of the application at an official meeting of the board. (8) Approval by board. A majority vote of the board 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 shall include the following in the resolution approving the written application for exemption: b. The name of the owner and the address of the historic property for which the exemption is granted; Supp. No. 76 ~j10 HISTORIC PRESERVATION § 1-102-23 c. The period of time for which the exemption will remain in effect and the expiration date of the exemption; and d. A finding that the historic property meets the requirements of this chapter. (Ord. No. 06-045, Pt. A, 12-5-2006) Supp. No. 76 511 ~The next page is 515] PLANNING § 1-16-42 Sec. 1-16-20. Port master plan. The county port and airport authority's port master plan is hereby incorporated into the coastal management element of the comprehensive plan, pursuant to section 163.3178, Florida Statutes. (Ord. No. 90-1, Pt. A, 1-9-90) Cross reference-Port and airport authority, Ch. 2-15. Sec. 1-16-21. Interpretation. The language and provisions of this article and the comprehensive plan shall be construed in pari materia with section 163.3161 et seq., Florida Statutes and Chapter 9J-~, Florida Administrative Code. Definitions provided in section 163.3161 et seq., Florida Statutes, as they apply to the interQretation of this article, are incorporated herein by reference as the same may, fro~n time to time, be amended. {Ord, No. 91~-1, Pt. A, 1-9-90} Secs. 1-16-22-1-16-40. Reserved. ARTICLE III. HISTORICAL COMMISSION* Sec. Z-16-41. Creation. A historical commission to be called "St. Lucie County Historical Commission" hereiria#~.er referred to as the "Historical Commission," is hereby established. (Ord. No. 06-a45, Pt. B, 12-5-2006) Sec. 1-16-42. Organization. (a) Composition, qualification of inembers. The members of the Historical Commission shall be composed of the following. Each county commissioner shall appoint one (1) member to the Historical Commission. Additional members shall be the president, or the president's desig- nee, of the following organizations: The St. Lucie Historical Society, Inc. St. Lucie Village Heritage, Inc. White City Improvement Club, Inc. Port St. Lucie Historical Group, Inc. St. Lucie County African-American Revitalization Cultural Historical Association, Inc. Hispanic Cultural Foundation, Inc., *Editor's note-Ord. No. 06-045, Pt. B, adopted Dec. 5, 2006, amended Art. III in its entirety to read as herein set out. Former Art. III, §§ 1-16-41-1-16-49, pertained to similar subject matter and derived from Ord. No. 91-10, Pt. A, adopted June 11, 1991. Supp. No. 76 851 § 1-16-42 ST. LUCIE COUNTY CODE and two (2) members at large recommended by the other members of the Historical Commission and appointed by the board of county commissioners. Only one (1) member from a family may be appointed. Family is defined as husband, wife, grandparents, parents, stepparents, brothers, stepbrothers, half-brothers, sisters, stepsisters, half-sisters, children and stepchildren. In selecting citizens to serve on the Historical Commission, the Board of County Commissioners may consider the recommendations of the Historical Commission, if any, and the interest and documented knowledge of such citizens in the history, cultural lore and development of the county. Each member of the Historical Commission shall hold office only so long as he or she is a resident of St. Lucie County. (b) Appointment of inembers ; terms; vacancies; failure to attend meetings. The appoint- ments to the Historical Commission shall be as follows: The term of inembers appointed by individual county comxnissioners shall coincide with the term of the commissioner making the appointment. The remaining members shall be appointed for terms of four (4) years. With the exception of inembers appointed to fill vacancies as provided herein, each member's term shall begin on December 1 of the year of his appointment. Members may serve more than one (1) term if reappointed, but no member shall be reappointed for more than two (2) consecutive terms. Provided, however, when a county commissioner leaves office prior to the end of this term, his successor may replace the member appointed by him with an individual of his choosing who shall complete the unexpired term of the replaced member. Upon reelection to another term, a county commissioner shall determine whether to reappoint the individual or replace him with another individual of his choosing. Appointments to fill any vacancy on the Historical Commission shall be for the remainder of the unexpired term of office. If any member fails to attend three (3) successive regular meetings without cause and without approval of the Historical Coxnmission, the Historical Commission shall declare the member's seat vacant. Any member of the Historical Commission may be removed by the Board of County Commissioners at any time provided, however, that before such removal said member shall be provided written charges and given an opportunity to appear in his defense at a public meeting. Upon removal of a member or vacancy created by a member's resignation or declaration of the Historical Commission, the member's respective appointing body shall immediately replace him with another appointee. (c) Quorum. All Historical Commission meetings shall be held in a public forum. The presence of fifty (50) percent plus one (1) of the members shall constitute a quorum of the Historical Commission. A quorum shall be required for the Historical Commission to conduct any official business. An af~rmative vote equal to a majority of the quorum present shall be necessary for the adoption of any motion. (d) Special advisors. Special advisors may be appointed by the board of county commis- sioners upon the recommendation of the Historical Commission. They shall serve as ex-officio members having no vote. The Historical Commission may also seek expertise on proposals or matters requiring evaluation by professionals. Supp. No. 76 852 PLANNING § 1-16-45 (e) Organization. The members of the Historical Commission shall elect members to serve as the commission's 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 respect to matters regarding historic preservation under section 1-102, St. Lucie County Code of Ordinances and Compiled Laws, with no vote. The Director of the Cultural Affairs Council shall serve as staff liaison to the Historical Commission, with respect to all other matters, with no vote. (Ord. No. 06-045, Pt. B, 12-5-2006) Sec. 1-16-43. Compensation and grants. The members of this Historical Commission shall receive no compensation, but may be reimbursed for traveling expenses as provided in section 112.061, Florida Statutes. Members of the Historical Commission shall not receive directly or indirectly any grant funded in whole or part by the Board of County Commissioners. (Ord. No. 06-045, Pt. B, 12-5-2006) Sec. 1-16-44. Meetings; rules. The Historical Commission shall be required to hold regular meetings at least four (4) times a year or more frequently as may be necessary to satisfy the review and hearing requirements set forth in section 1-102, St. Lucie County Code of Ordin~ces and Comgiled Laws. The Historical Commission may conduct special meetings as the Historicai Commission may determine, or at the call of the chair for consideration of business before the ~Iistorical Commission. All meetings of the Historical Commission shall be pubiicly announced and shall be open to the public. Meetings will have a previously advertised agenda. The ti~e and place of the meetings, the order of business and the procedures to be foliow~d shali be as prescribed by the Historical Commission 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 ~o ~he ~neet~ing in a newspa~+er having a general circulation within St. Lucie County. The Hisitorical Commission may adopt such by-laws as it deems necessary, subject to the approval of the board of county commis- sioners, and it may determine the duties of its members and employees. The Historical Commission shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, and decisions. Such records shall be filed in the office of the Historic Preservation Officer and shall be open for public inspection. (Ord. No. 06-045, Pt. B, 12-5-2006) Sec. 1-16-45. Duties-Collection of data, etc. The Historical Commission shall encourage the collection, arrangement, recordation, and preservation of historical material and data, including books, pamphlets, maps, charts, manuscripts, family histories, United States Census records, papers, and other objects and material illustrative of and relating to the history of the county and of Florida. The Historical Supp. No. 76 853 § 1-16-45 ST. LUCIE COUNTY CODE Commission shall 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 cultural affairs director or the director's designee prior to the deposit of any narrative or material at any museum owned and/or operated by the county. The Historical Commission shall fulfill its duties under the Historic Preservation Ordinance, section 1-10.2, St. Lucie County Code of Ordinances and Compiled Laws. (Ord. No. 06-045, Pt. B, 12-5-2006) Sec. 1-16-46. Same-Marking of historic sites. The Historical Commission 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 sha11 be placed or erected on county property, the board of county commissioners shall obtain from the historical commission a recommendation concerning design and content. (Ord. No. 06-045, Pt. B, 12-5-2006) Sec. 1-16-47. Filing and recordation of data. The clerk of the circuit court of the county shall file and record, without charge, in a book or books which shall be furnished such clerk by the board of county commissioners, all historical material and data that the Historical Commission may direct to be filed and recorded. (Ord. No. 06-045, Pt. B, 12-5-2006) Sec. 1-16-48. Egpenses. The board of county commissioners shall pay the expenses of the Historical Commission out of the general fund of the county. (Ord. No. 06-045, Pt. B, 12-5-2006) Sec. 1-16-49. County to provide repository. The board of county commissioners may provide suitable and adequate space as a repository for the records, supplies, and equipment of the Historical Commission. (Ord. No. 06-045, Pt. B, 12-5-2006) Secs. 1-16-50-1-16-60. R.eserved. Supp. No. 76 $54 PLANNING AR,TICLE IV. RESERVED* AR,TICLE V. RESERVED~' *Editor's note-Former Art. N, "Local planning agency," was repealed by Pt. C of Ord. No. 90-36, adopted July 26, 1990, effective Aug. 1, 1990, which ordinance enacted a land development code for the county. The repealed provisions, §§ 1-16-61-1-16-65, derived from Ord. No. 76-4, §§ 3-7, adopted June 22, 1976, and Ord. No. 86-03, Pt. 1, adopted April 1, 1986. The land development code of the county is published separately and is on file in the offices of the city. i'Editor's note-Former Art. V, "Developments of regional impact," was repealed by Pt. C of Ord. No. 90-36, adopted July 26, 1990, effective Aug. 1, 1990, which ordinance enacted a land development code for the county. The repealed provisions were contained in §§ 1-16-70-1-16- 73, which derived from Ord. No. 86-08, Pt. A, adopted May 6, 1986. The land development code of the county is published separately and is on file in the offices of the county. Supp. No. 76 854.1 CODE DISPOSITION TABLE Ordinance Number Subject Section Disposition 06-037 Amends sections 1-6.5-120- Pt. A 1-6.5-120- 1-6.5-123, changing the name 1-6.5-123 of Westchester Community Development I}istrict No. 5 to Southern Grove Community Development District No. 5 06-038 Amends sections 1-6.5-130- Pt. A 1-6.5-130- 1-6.5-133, changingthe name 1-6.5-133 of Westchester Community Development I?istrict No. 6 to ~adition Community Development I}istrict No. 6 06-039 Amends section 1-2.5-14, Pt. A 1-2.5-14 relating to ciisbursement of service charges 06-044 Amends section i-20-3, Pt. A 1-20-3 relating to truck weight limits for certain roads 06-045 Amends sections 1-i02-1- Pt. A 1-102-1- 1-I0.2-23 and sections 102-23; i-16-41-Z-18-49, relatirigtc~ 1-16-43~- the Histaric Preservation 1-6-48 Co~nmissior~ 06-0~6 Ar~ends section 1-9-75, Pt. A 1-9-75 re~ating to rerr~oval of debris during state of local emergency 06-049 Amends sections 1-7-30- Pt. A 1-7-30- 1-7-32, relating to the Driver 1-7-32 Education Safety Trust Fund Supp. No. 76 3752.13 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text, of references to the state law or related matters. FL Constitution Section this Code Art. V 1-7-1 Art. VII, § 6(b) 1-7.6-31 Art. VII, § 9(b) 1-13.5-4, 1-13.5-9 Art. VIII 1-6.5-51(b), 1-7.9-1(b), 1-11-11(b), 1-15-31(b), 1-16.3-11(b), 1-17-25 Art. VIII, § 1(f~ 1-3-10, 1-6.5-51(c), 1-17-25 Art. X, § 4 1-6.8-26, 2-6-18 F.A.C. Section this Code Ch. 1B-2 1-11-5 Ch. 9J-5 1-16-21 Ch. 10-9 1-7.6-34(a)(1) Ch. lOD-4 1-7.6-34(a)(3) Ch. lOD-6 1-7.6-34(a)(3) lOD-6.52 1-10-21(a) Ch. lOD-10 1-7.6-34(a)(1) Ch. lOD-66 lOD-66.61 1-12.5-3, 1-12.5-7, 1-12.5-9 1-12.5-13 Ch. 17-3 1-7.6-34(a)(3) Ch. 17-4 1-7.6-34(a)(3) Ch. 17-7 1-7.6-34(a)(4), 1-10-21(a) 1-10-23(a), (d) Ch. 17-22 1-20.5-13(b) 17-550.310 1-20.5-151 17-550.320 1-20.5-151 17-555.325 1-20.5-151 17-555.520 1-20.5-151 Ch. 40E-21 Ch. 1-20.5, Art. II, 1-20.5-36, 1-20.5-38 Ch. 91-37.004 1-10.5-37 F.S. Section Section this Code 1.01(3) 1-17-1(a) 2824 1-7-5 29.008 1-16.3-12 29.008(3)(a) 1-7-3 30.49 1-16.3-12 30.51 1-2.5-14 30.55 1-18-1 34.07 1-2-27.5(e) Ch. 2-10, Art. II(note) 39.01 1-6-16 4328 1-16.3-11(c) 1-16.3-12 Ch. 48 1-4-20(c)(4) Ch. 50 1-2-272(b)(1)a. Supp. No. 76 3827 ST. LUCIE COUNTY CODE F.S. Section 50.041 50.051 Ch. 73 Ch. 74 86-437 100211-100291 100.342 112 112.061 112.08 112215 119 Ch. 125 125.01 125.01(e) 125.01(fl 125.01(k) 125.014 125.01(m) 125.01(n) 125.01(1)(c) 125.01(1)(f) 125.01(1)(j) 125.01(1)(k) 125.01(1)(m) Section this Code 1-2-272(b) 1-2-272(b)(2) 1-6.5-83 1-6.5-93 1-6.5-103 1-6.5-113 1-6.5-123 1-6.5-133 2-6-1 2-9-25 1-6.5-83 1-6.5-93 1-6.5-103 1-6.5-113 1-6.5-123 1-6.5-133 2-6-1 2-9-25 1-4-26 2-1-2 1-19.3-75 2-9-34 1-6-34(d), 1-16-43 2-9-19, 2-15-6 2-1-31 1-14.5-21 2-9-34 1-6.3, Art. IV 1-7-20, 1-6.5-51(b), 1-7.9-1(b), 1-11-11, 1-15-31, 1-16.3-11, 1-17-25, 1-19.3-54 Ch. 1-2.5(note) Ch. 1-6.5, 1-6.5-21 Ch. 1-2.3 1-11-1 Ch. 1-10, Art. II(note), 1-19.3-30 Ch. 1-7.6, Art. II(note) Ch. 1-2.3, Art. II 1-17-26 1-12.5-2 1-16.3-11(c) Ch. 1-11(note), 1-11-11(c), 1-15-31(c) Ch. 1-15(note) Ch. 2-6(note) Ch. 1-9(note) Ch. 1-17(note) 1-20-17(note) Supp. No. 76 3828 STATUTORY REFERENCE TABLE F.S. Section Section this Code 125.01(1)(n) Ch. 1-13.3, Art. II(note) 125.01(1)(q) Ch. 1-17(note) 125.01(1)(0), (w) 1-3-10 125.0104 1-19.3-30, 1-19.3-31, 1-19.3-32(~ 125.0104(3)(a) 1-19.3-32(c) 125.0104(3)(g) 1-19.3-32(a) 125.0104(5) 1-19.3-32(a) 125.0104(8) 1-19.3-32(d) 125.0104(10) 1-19.3-32(a) 125.031 2-1-2 125.35 2-1-3 125.35(3) 1-162-1 125.69 1-3-17(b), 1-5.5-59{c), 1-7.6-38, 1-13.8-21 125.69(a) 1-6.3-55 125.70-125.74 Ch. 2-1, Art. II(note) 125.5801 1-2-67 1-2-68 125.901 1-6-38 Ch. 129 1-13.5-4 156.601 et seq. 1-10.~-21 Ch. 159 1-16.75-6 Ch. 159, Pts. II, V 1-16.75-2 159.701 1-16.75-1 159.701-159.7095 1-16.75-4 1-16.65-5 159.703 1-16.75-3 159.705 1-16.75-6 161.053 1-7,6_53 Ch. 162 1-5-10, ~-6-46 Ch. 162, Pt. II 1-2-27.5 Ch. 163 1-6.5-52(d), 1-7.9-2(c) 1-17-26(c), 1-19.3-54 163.3161 et seq. 1-16-16, 1-16-21 163.3161-163.3211 1-20.56-4(3) 163.3178 1-6 163.3201 1-7.9-1(b), 1-11-11, 1-15-31, 1-16.3-11, 1-16.3-12 1-6.5-51(b) 1-18-03 163.3202 1-6.5-52(d),1-11-11, 1-11-12, 1-15-31, 1-15-32, 1-16.3-11, 1-17-26(c) 163.3202(3) 1-7.9-1(b) 1-18-03 173.04 1-6.3-17.1 173.12 1-6.3-17.1 1-15-37.1 1-17-30.1 Ch. 177 1-5.5-10 186.901 1-12-22(1) Supp. No. 76 3829 ST. LUCIE COUNTY CODE F.S. Section Ch. 189 Ch. 190 190.005 190.011 190.012(1), (3) 190.012(2)(a), (d) 190.012(1)(b) Ch. 192 192.091(2)(b)2 Ch. 196 196295 Ch. 197 197.322 197.363 197.3632 197.3635 Ch. 206 Ch. 212 Ch. 212, Pt. ] 212.03 212.054 212.054(2)(b) 212.055(2) 212.055(2)(c) 212.12(3) Ch. 214 218.62 220.15(5) Ch. 252 Ch. 257 Ch. 286 Ch. 287 287.055 287.055(2)(j) Section this Code 2-6-17 2-9-20 2-9-22 2-9-34 1-6.5-24 1-6.5-83 1-6.5-93 1-6.5-103 1-6.5-113 1-6.5-123 1-6.5-133 Ch. 1-6.5, Art. III, 1-6.5-21 1-6.5-162 1-6.5-173 1-6.5-162 1-6.5-173 1-6.5-162 1-6.5-173 1-6.5-153 1-19.3-54 1-13.5-10(i)(3) 1-19.3-54 1-6.5-57(b) 1-13.5-10(i), 2-6-23 1-13.5-10(i) 1-13.5-10(i)(6) 1-13.5-6(g), 1-13.5-7, 1-13.5-10(i), 1-13.5-11 1-9-71 1-13.5-6(g), 1-13.7-7, 1-13.5-10(i), 1-13.5-11 1-19.3-41, 1-19.3-81 1-19.3-30-1-19.3-32 1-19.3-54, 1-19.3-32(b) 1-19.3-30 1-19.3-71 1-19.3-54 1-19.3-51, 1-19.3-71 1-19.3-72 1-19.3-55, 1-19.3-73 1-102-23 1-19.3-54 1-19.3-55, 1-19.3-73 1-19.3-55 Ch. 1-6.3, Art. IV 1-11-3, 1-11-5 1-6.8-25 2-9-34 1-2-41 1-2-48(b) 1-2-48(a) Supp. No. 76 3830 ~ u F.S. Section 287.055(10)(c) Ch. 293 Ch. 294 Ch. 316 316.003(75) 316.006(3) 316.008 316.008(6) 316.0261 316.121 316.189(2) 316.193 316.194 316.1958 Supp. No. 76 STATUTORY REFERENCE TABLE Section this Code 1-2-45 1-7-3 1-7-3 1-13.8-19(1)(e), 1-7-8 1-20-6 Ch. 1-20(nate) Ch. 1-20(note) 1-18-2 Ch. 1-20(note) Ch. 1-2()(note) 1-2~-1 1-7-22(a), 1-13.3-20 1-20-1~i 1-2.3-22, 1-20-26, 1-2~-2"7 3830.1 CODE INDEX Section CONTR,ACTS AND AGREEMENTS (Cont'd.) Design-build contracts ........... .. .. . .. .. ............. .......... 1-2-45 et seq. See: PURCHASING Lobbyist registration and reporting . . . . . . . .. .. . . . . . . . . . . . . . . . . . 1-2-61 et seq. See: LOBBYIST REGISTR,ATION AND REPORTING Local housing assistance program interlocal agreement..... 1-10.5-44 Municipal service taxing unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.5-9 Ordinances and resolutions not affected by Code ............. 1-1-3 Purchasing, provisions re. See: PURCHASING St. Lucie County erosion district; contract .................... 2-6-32 Solid waste collection service agreements .... .... ... .......... 1-9-91 et seq, Special improvements service district; contracts ............. i-17-19 CORPORATIONS Persons defined to include ....................................... 1-1-2 COUNTY ADMINISTRATOR Appeals ............................................................ 1-6.5-62 Duties . . . . . . . . . . . .... . . . . .. . . .. . .. . . . .. ... . . . . . ... . .. . .. . . . .. . . .. . . . 2-1-17 Educational facilities impact fee review ... ...... ........... ... 1-6.5-61 Employxnent authorized ......................................... 2-1-16 Payments declared to be for county purpose ........ ...... .... 2-1-18 COUNTY COMMISSIONERS Allowance to board members for travel ........................ 1-14.5-1 Appeals ............................................................ 1-6.5-62 Educational facilities impact fee review ... ...... ........... .. . 1-5.5-61 ~affic Turning movements ........................................... 1-2fl-6 COUNTY TOLTRIST DEVELOPMENT COLTNCIL. See: TOUR- ISM COURTS Additional court costs Allocation ....................................................... 1-7-3 Assessment ..................................................... 1-7-2 Law enforcement training .................................... i-7-1 Quarterly reports required; priority; indigency .... .... ..... 1-7-4 Alcohol and other drug abuse trust fund Authority for enactment of article ... . .. .... ....... .... . ... .. 1-7-20 Creation of fund; accounting . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 1-7-22 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7-21 Expenditures ................................................... 1-7-23 Assessment of court costs to be used for the operation and administration of teen court programs ... .... ....... .... .. 1-7-10 Civil traffic infraction fund ...................................... 1-7-7 Disposition of Accounting by clerk of the court . . . . . .. .. . . . . . . . . .. . . . .. . . . . . 1-7-9 Law library funds .............................................. 1-7-5 Legal aid fund .................................................. 1-7-6 State court facilities funds from the surcharge ............. 1-7-9 Supp. No. 76 3861 ST.LUCIE COLTNTY CODE Section COURTS (Cont'd.) Surcharge for state court facilities, imposition of . . . . . . . . . . 1-7-8 Driver education safety trust fund Authority for enactment of article .............. ............. 1-7-30 Creation of fund; accounting . .. . .. . . .. .. .. . .. . . .. . . . . .. . .. . . .. 1-7-32 Definitions ... . . . . . . .. . .. . .. . . . . . . ... .. . .. .. . .. . .. . . . . . . .. . .. . . .. 1-7-31 Expenditures ................................................... 1-7-33 CRIME Authority to offer rewards for ................................... 1-2-1 Persons violating laws or ordinances D DEBRIS. See: GARBAGE, TRASH AND REFUSE DEPARTMENTS AND OTHER AGENCIES OF COUNTY Affordable housing advisory committee ........................ 1-10.5-42 Board of county commissioners. See: COUNTY COMMIS- SIONERS Children's services council ...................................... 1-6-33 et seq. See: MINORS Code enforcement board . . .. .. . . . . . . . .. .. . . . . . . . .. .. . .. . . . . .. . . .. 1-2-19 et seq. See: CODE ENFORCEMENT BOAR,D Construction contractors; examining boards ......... ... .... .. 2-5-4 Contractors (unlicensed); hearing board . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-25 Historical commission ............................................ 1-16-41 et seq. Law library; board of trustees .............. ... .............. ... 2-10-16 Library advisory board ....................................... ... 1-11-4 Planning and zoning commission Zoning and building regulations ............................. 2-14-33 et seq. See: PLANNING Professional services committee ................................ 1-2-49(c) Purchasing department .......................................... 1-2-28 et seq. See: PURCHASING Research and development treasure coast education, re- search and development authority .................. ...... 1-16.75-6 et seq. See: RESEAR,CH AND DEVELOPMENT TREASURE COAST EDUCATION, RESEARCH AND DEVELOP- MENT AUTHORITY Reserve community development district #2 board of super- visors .......................................................... 1-6.5-72 School board Educational facilities impact fee ................... .......... 1-6.5-61 Southern Grove Community Development District No. 5 Initial board of supervisors ... ........... ........... .......... 1-6.5-122 St. Lucie County Environmental Control Board . . . . . .. . . . . . .. 1-7.6-1 et seq. See: ENVIRONMENTAL CONTROL Supp. No. 76 3862 CODE INDEX Section DRAINAGE AND EROSION CONTROL (Cont'd.) Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-32 Conveyance of property to district Advance of expenses .... . .... ... ...................... . ..... 2-6-33 Created .......................................................... 2-6-19 Definitions . .. . .. . .... ... .... ... ........ .. ............. .... . .. ... 2-6-18 Departments, authority to create ..... ..... ............ ...... 2-6-34 District board's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-22 Effect of other laws ............................................ 2-6-38 Governing body . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . .. . . . .. .. . . .. . . 2-6-21 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-17 Legislative findings Division into zones .......................................... 2-6-23 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-3I Non-ad valorem assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-23.1 Property exempt from judgments ............................ 2-6-35 Public function essential Exercise of powers constitutes ......... ..... ............. .. 2-6-37 Purchase or procurement of commodities or services ...... 2-6-30 Purpose ......................................................... 2-6-17 Title ............................................................. 2-6-16 St. Lucie River (North Fork) Applicability of provisions .... .. .. ... .. .. .... ........... ... ... Destruction of certain types of vegetation 1-7.5-25 Permit required for .......................................... 1-7.5-22 Findings; purpose of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.5-21 Management and conservation practice plan Approval required . . . . . . . . . .. .. . . . . .. . . . .. . . . . . ... . . ... . . . . .. 1-7.5-24 Submission by applicant required . . . . .. . . . . . . . .. . .. . . . . . . . 1-7.5-23 Vegetation, certain types of Permit required to destroy . ........ .... ... .... ........ .. . .. 1-7.5-22 Violations Failure of owner to restore property Restoration by county; cost to become lien on property 1-7.5-29 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.5-27 Remedies, additional ........................................ 1-7.5-28 Work done in violation of provisions Power of building department to order cessation ........ 1-7.5-26 DROUGHT PREVENTION MEASURES Water shortage plan .............................................. 1-20.5-35 et seq. See: WATER AND SEWERS DRUGS Alcohol and other drug abuse trust fund . . . . . . . . . . .. . . . . . . . . . . 1-7-20 et seq. See: COURTS E E-911 SYSTEM Budget ............................................................. 1-2-2(d) Supp. No. 76 3865 ST.LUCIE COLTNTY CODE Section E-911 SYSTEM (Cont'd.) Collection of fee; payment of administrative fee for collection 1-2-2(e) Indemnification ................................................... 1-2-2~fl Local option fee ................................................... 1-2-2(b) Public purpose .................................................... 1-2-2(a) Separate fund ..................................................... 1-2-2(c) EATING ESTABLISHMENTS Alcoholic beverages Waiver provisions for business selling or transferring alcoholic beverage as accessory to an eating place.... 1-3-4 Occupational license taxes and regulations ................... 1-12-30 ECONOMIC DEVELOPMENT AD VALOREM TAX Exemptions ........................................................ 1-19.3-5 1 et seq. See: TAXATION EDUCATIONAL FACILITIES IMPACT FEE. See: COMMIJ- NITY DEVELOPMENT ELECTIONS Referendum re sale surtax ... ........... ........... ............. 1-19.3-74 St. Lucie County mosquito control district; bonds Election ......................................................... 2-9-33, 2-9-34 EMERGENCIES Airports and aircraft, provisions re emergency vehicles ..... 1-2.3-36 Emergency medical transport services ......................... 1-12.5-1 et seq. See: LIFE SUPPORT SERVICES Fire/EMS protection impact fee ................................. 1-7.9-5 et seq. See: FIRE PROTECTION Garbage, trash and refuse Collection of solid waste, recyclable materials Removal of debris from public and private rights-of-way during a declared state of local emergency . . . . . . . . . . 1-9-75 Historic preservation Emergency actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-102-9 Licensing and examination of construction contractors Certificate of competency Temporary suspension during a hurricane, tornado or other disaster ........................................... 2-5-22 Price gouging during emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.3-51 et seq. See: CIVIL DEFENSE AND EMERGENCY MANAGE- MENT Water shortage plan; declaration of emergency ............... 1-20.5-39 EMPLOYEES. See: OFFICERS AND EMPLOYEES ENVIRONMENTAL CONTROL Compiled laws Appeals .......................................................... 2-6.5-11 Construction in relation to other law . . . . . . . . . . . . . . . . . . . . . . . . 2-6.5-20 Supp. No. 76 3866 CODE INDEX Section ENVIRONMENTAL CONTROL (Cont'd.) Definitions ...................................................... 2-6.5-3 Effective date ................................................... 2-6.5-24 Electric facilities exempted ... .... ........... ....... .......... 2-6.5-23 Enforcement Civil, procedure .............................................. 2-6.5-15 Criminal, procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-13 Hearing board orders and injunctive relief ............... 2-6.5-15 Environmental control board Appointment ................................................. 2-6.5-6 Duties and powers ........................................... 2-6.5-5, 2-6.5-7 Organization ................................................. 2-6.5-4 Environmental control officer Appeals from actions or decisions of ...................... 2-6.5-ii Exemptions ..................................................... 2-6.5-8 Electric facilities ............................................. 2-6.5-23 Fines Civil fines to be liens . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 2-+6.~-18 Health department Powers of ..................................................... 2-6.5-2 1 Hearing board Duties and powers ........................................... 2-5.5-10 Enforcement of orders and injunctive relief .............. Organiz ation ................................................. 2-6.5-15 2-6.5-9 Intent ............................................................ 2-6.~-2 Judicial review ................................................. 2-6.5-12 Legislative intent .............................................. 2-6.5-2 Liens Civil fines to be liens ........................................ 2-6.5-18 Severability ..................................................... 2-6.v-22 Short title ....................................................... 2-6.~-1 Subpoena Refusal to obey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6.5-19 Violations, penalties Civil fines to be liens ........................................ 2-6.5-i8 Civil penalties ............................................... 2-6.5-17 Criminal penalties ........................................... 2-6.5-16 Marine sanitation Definitions ...................................................... 1-7.6-3 1 Enforcement .................................................... 1-7.6-36 Exceptions ...................................................... 1-7.6-38 Marina sanitation facilities Existing marinas ............................................ 1-7.6-34(b) Required ...................................................... 1-7.6-34(a) Mooring restrictions ........................................... 1-7.6-3 3 Pump-out receipt requirement ... ........ ... .. .. ........... .. 1-7.6-35 Statement of purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.6-30 Unlawful discharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.6-32 Violations and penalties ....................................... 1-7.6-3 7 Supp. No. 76 3867 ST.LUCIE COUNTY CODE Section ENVIRONMENTAL CONTROL (Cont'd.) On-site sewage disposal systems on Hutchinson Island Administrative waiver ......................................... 1-7.6-43 Definitions ...................................................... 1-7.6-40 Mandatory hookups for existing systems to central sewer- age systems ................................................ 1-7.6-41 Prohibition of construction of systems ....................... 1-7.6-42 Administrative waiver ...................................... 1-7.6-43 Violations; penalties; enforcement ........................... 1-7.6-44 Sludge, septage and sewage disposal Enforcement by environmental control hearing board..... 1-10-24 EROSION. See: DR,AINAGE AND EROSION CONTROL EXCRETA Animal owner's responsibility ................................... 1-4-23(fl F FABERS COVE Use of seines ...................................................... 2-7-5 FAIR HOUSING. See: HOUSING FARM PRODUCTS Occupational license tax and regulations ...................... 1-12-26 FINANCES Affordable housing assistance trust fund ...................... 1-10.5-39 Alcohol and other drug abuse trust fund . . . . . . . .. .. .. . . . . .. . . . 1-7-20 et seq. See: COURTS Children's services, applicable provisions re .................. 1-6-35 et seq. See: MINORS Design-build contracts ........................................... 1-2-45 et seq. See: PURCHASING Driver education safety trust fund ............ ........ ....... .. 1-7-30 et seq. E-911 system, local option fee ................................... 1-2-2 Fire/EMS protection impact fee ................................. 1-7.9-5 et seq. See: FIRE PROTECTION Law enforcement impact fee .................................... 1-18-03 et seq. Ordinances and resolutions not affected by Code ............. 1-1-3 FIRE DEPARTMENT Alarm system, direct connection ................................ 1-2.5-6 Fire protection .................................................... 1-7.9-1 et seq. FIRE HYDRANTS Installation standards ........................................... 1-20.5-1 FIRE LANES Parking prohibition .................. ........... ........... ...... 1-20-28 FIRE PROTECTION Appeals . . . . .. . .. . .. . .. . . . ... .. . . . .. . . . . .. . . .. . . . . . .. . . .. . . . . . .. .. .. 1-7.9-16 Applicability ...................................................... 1-7.9-1 Supp. No. 76 3868 CODE INDEX Section FIRE PROTECTION (Cont'd.) Authority .......................................................... 1-7.9-1 Definitions ........................................................ 1-7.9-4 Fire/EMS protection impact fee Automatic adjustment ......................................... 1-7.9-17 Computation of amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.9-6 Credits .......................................................... 1-7.9-8 General ....................................................... 1-7.9-8(b) General standards for issuing ... ... ....... ....... ... ....... 1-7.9-8(d) Relationship of fee to developments of regional impact. 1-7.9-8(c) Scope .......................................................... 1-7.9-8(a) Specific standards ........................................... 1-7.9-8(e) ~4me of claim ................................................ 1-7.9-8(fl Waiver ........................................................ 1-7.9-8(fl District created ................................................. 1-7.9-11 Exemptions ..................................................... 1-7.9-1 5 Imposition ...................................................... 1-7.9-5 Payment ........................................................ 1-7.9-7 Refund of fees paid ............................................ 1-7.9-14 Review .......................................................... 1-7.9-17 Trust fund established ........................................ 1-7.9-12 Use of funds .................................................... 1-7.9-13 Fireworks and sparklers Definitions ...................................................... 1-7.9-1 8 Manufacture, sale and use of fireworks ..... ... ........ ... .. 1-7.9-19 Intents ............................................................. 1-7.9-2 Property appraisals Independent .. . ...... .... ... .. .. ........ ....... .... ...... . .... .. 1-7.9-9 Review .......................................................... 1-7.9-10 Purposes ........................................................... 1-7.9-2 Rules of construction ............................................. 1-7.9-3 Short title ......................................................... 1-7.9-1 FIREARMS AND WEAPONS FIRES Duty of picnickers re ............................................. 1-1 5-2 1 FIREWORKS AND SPAR,KLERS Definitions ........................................................ 1-7.9-18 Manufacture, sale and use of fireworks ........................ 1-7.9-19 FIRMS Persons defined to include ....................................... 1-1-2 FISH AND GAME Canals ~ap, net fishing restricted ................................... 2-7-3 County property, on Hunting and fishing regulated ............................... 1-15-20, 1-15-25 Gill, drag net specifications ..................................... 2-7-1 Supp. No. 76 3868.1 ST.LUCIE COUNTY CODE Section FISH AND GAME (Cont'd.) Nets, length in Indian River restricted Marking ......................................................... 1-8-1 Sea turtles, taking or sale restricted . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7-2 Seines Use in Fabers Cove . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7-5 Use in St. Johns River ........................................ 2-7-4 Spearfishing Beaches ......................................................... 1-15-25 St. Johns River Use of seines ................................................... 2-7-4 Surf fishing Beaches ......................................................... 1-15-25 Supp. No. 76 38682 CODE INDEX Section GAS Taxation. See that subject Local option motor fuel tax . .. . . .. . . . . . . . .. . . . . . . . . . .. . . . . . . . . 1-19.3-41 et seq. Ninth cent gas tax .. . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . 1-19.3-81 et seq. GENDER Defined ............................................................ 1-1-2 GROVE PRODUCTS Occupational license t~es; exemptions ........................ 1-12-26 H HANDBILLS. See: ADVERTISING HANDICAPPED PERSONS Airport parking ................................................... 1-2.3-22 Nonemergency medical transportation services ............... 1-10-21 et seq. See: NONEMERGENCY MEDICAL TRANSPORTATION SERVICES Parking space provision ......................................... 1-20-27 HAWKERS. See: PEDDLERS AND HAWKERS HEALTH AND SANITATION Air pollution ...................................................... 2-9-1 Bonds. See herein: St. Lucie County Mosquito Control Dis- trict Marine sanitation ................................................ 1-7.6-30 et seq. See: ENVIRONMENTAL CONTROL Mosquito control district Group insurance for employees ............................... 2-9-3 Limitation on actions brought against ...................... 2-9-2 Sewage disposal capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10-31 et seq. See: WATER AND SEWERS Sludge, septage and sewage disposal .......................... 1-10-21 et seq. See: WATER AND SEWERS St. Lucie County cross connection control policy ............. 1-10-35 et seq. See: WATER AND SEWERS St. Lucie County Mosquito Control District Ad valorem taxes ... .. .. ... .... .... ... ... . .. .. ... ..... .. . ...... 2-9-31 Bonds ............................................................ 2-9-30 Boundaries ...................................................... 2-9-16 Change in district boundaries ...... .. . .... .... .... .. . .. .. .. 2-9-35 Damage or obstruction . ... .... ........ ... .... ... ..... .. . ...... 2-9-33 Disclosure and expenses ...................................... 2-9-34 Disposal and packing rules and regulations . . . . . .. . . . . . . . . . 2-9-26 District budgets; hearing ...................................... 2-9-24 District formation ratified, restated, and approved ........ 2-9-17 Establishment .................................................. 2-9-17 Supp. No. 76 3871 ST.LUCIE COUNTY CODE Section HEALTH AND SANITATION (Cont'd.) Governing board ............................................... 2-9-18 Audits ......................................................... 2-9-23 Compensation ................................................ 2-9-19 Meetings and quorum ....................................... 2-9-22 Powers ........................................................ 2-9-2 0 Additional powers ......................................... 2-9-2 5 Surety bond .................................................. 2-9-2 1 Power to do all things necessary ............................. 2-9-27 Power to perform work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-32 Public nuisance declaration ................................... 2-9-28 HISTORICAL COMMISSION Generally .......................................................... 1-1 6-4 1 et seq. See: PLANNING HISTORIC PRESERVATION Appeals ............................................................ 1-1 0 2-2 0 Certificate of appropriateness Demolition ...................................................... 1-1 0.2-16 Economic hardship ............................................. 1-10.2-17 Forms and fees .. . . . . . . . . . .. .. .. . . . . ... .. . . . . . . . .. . . . . .. . . .. . . . . 1-102-11 Maintenance of designated properties . .. . .. . . . . . . . . . . . .. .. . . 1-102-18 Pre-application conference . . . . .. .. . . . . . . . . . . . .. . . . .. . . . . .. . . .. 1-102-12 Required ........................................................ 1-1 0 2-1 0 Special certificate of appropriateness ........................ 1-102-15 Standard certificate of appropriateness ..................... 1-102-14 Standards for review and issuance .......................... 1-102-13 Certificate to dig .................................................. 1-10 2-19 Definitions ........................................................ 1-1 02-3 Designation process and procedure Criteria .......................................................... 1-1 0.2-7 Emergency actions ............................................. 1-102-9 Procedures for historic designation .................... ...... 1-102-8 Role of the Historical Commission .. . . . . . . . . .. . . . .. . .. . . . . . . . 1-102-6 Historic preservation officer Appointment and duties ...................................... 1-102-5 Incentives Generally ....................................................... 1-1 02-22 Tax exemptions for rehabilitations to designated historic properties .................................................. 1-102-2 3 Penalties ........................................................... 1-1 02-2 1 Purpose ............................................................ 1-1 02-2 Short title ......................................................... 1-1 0 2-1 Trust fund ......................................................... 1-1 0 2-4 HORTICULTURAL PRODUCTS Occupational license taxes; exemptions ........................ 1-12-26 HOTELS Alcoholic beverage establishments; sexual activities .. ... .... 1-3-15(c) Occupational license taxes and regulations ................... 1-12-29 Supp. No. 76 3872 CODE INDEX Section HOUSE NAMING AND NUMBERING. See: STREET AND HOUSE NAMING AND NUMBERING HOUSING Fair housing Additional remedies ........................................... 1-10.5-33 Administrator; authority and responsibilities .............. 1-10.5-31 Complaints ..................................................... 1-10.5-32 Definitions ...................................................... 1-10.5-26 Discriminatory housing practices Brokerage services, provisions of . . . . . . . .. . . .. . . . . . . . . . .. . . 1-10.~-29 Financing of housing . ........ .. . .. .. . .......... .... ......... 1-10.5-28 Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-27 Education ....................................................... 1-10.5-3~4 Exemptions ..................................................... i-10.5-30 Policy declared ................................................. 1-1~.5-25 Public information ............................................. 1-10.5-34 Violations and penalties ....................................... 1-1fl.5-35 Housing finance authority Authority for enactment of provisions ....................... 1-10_5-2~ Creation ......................................................... 1-I0.5-23 Findings ......................................................... 1-10.5-22 Powers .......................................................... 1-10.5-2~ State housing initiatives partnership program Affordable housing advisory committee ..................... 1-i0.5-42 Affordable housing assistance trust fund ................... 1-10.5-39 AuthoritY~ Purpose .. .... . ..... ... .... ... ...... .... . .. .. ... ..... i-10.5-37 City delegated to administer local housing assistance program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1i~.5-41 Definitions ...................................................... 1-10.5-38 Funds, distribution of ......................................... 1-i0.5-43 Interlocal agreement .......................................... 1-10.5-44 Local housing assistance program and partnership........ 1-10.5-40 ~tle ............................................................. 1-10.5-36 HUMANE SOCIETY Dogs; impoundment Agreements with humane society authorized ............... 2-3-19 HUNTING Animals engaged in sport of .................................... 1-4-21 County property, on ... ...... .. ... .... . ..... ..... .... ............. 1-15-20 ~affic; hunting from county roads restricted . . . . . . . . . . . . .. . . . 1-20-2 HUTCHINSON ISLAND On-site sewage disposal systems on Hutchinson Island .....1-7.6-40 et seq. See: ENVIRONMENTAL CONTROL IMPACT FEES Educational facilities impact fee ................................1-6.5-51 et seq. See: COMMUNITY DEVELOPMENT Supp. No. 76 3872.1 CODE INDEX Section PLANNING (Cont'dJ Violations ....................................................... 2-14-43 Zoning map . . . .. . . . . . .. . . .. . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . .. . . . . 2-14-37 PLATS AND PLATTING Subdivision regulations; platting . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 2-14-18 et seq. See: PLANNING POLLUTION Air pollution ...................................................... 2-9-1 Marine sanitation ................................................ 1-7.6-30 et seq. See: ENVIRONMENTAL CONTROL Uniform water and sewer service policy ....................... 1-20.5-~2 et seq. See: WATER AND SEWERS PONDS. See: LAKES POOLS. See: SWIMMING POOLS PROFESSIONS Occupational Iicense taxes and regulations enum~rated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupati4na.1 licens~e taxes and regulations) PROPERTY Defixied ...............................................o............ 1-1-2 Fire/EMS protection i~npact fee; appraisals re . . . . . . . . . . . . . . . . 1-7.9-9 ~t seq. See: FIRE PROTECT'ION Historic preservation Certificate of a~prvpriateness Maintenanc~ of designated ~roperties .................... 1-102-i8 Lease of prop~rty ................................................. 2-1-3 Parking pmvisions re handicapped parking spaces, fire ianes, etc., owned or leased by county or state ..... ......... .. .. 1-20-26 et seq. See: TRAFFIC Private property Abandoned property, garbage, trash, junk and de~ris ..... 1-9-16 et seq. See: GARBAGE, TR.ASH AND REFUSE Public property Surplus real property, disposition of .........................1-162-1 et seq. Real property, acquisition ....................................... 2-1-2 Right-of-way; plat abandonment procedures .... ..... ... ...... 1-17-70 et seq. Surplus real property, disposition of ...........................1-16.2-1 et seq. PUBLIC BUILDINGS IMPACT FEE Alternative collection mechanism .............................. 1-16.3-17.1 Appeals ............................................................ 1-16.3-26 Computation ...................................................... 1-16.3-16 Credits ............................................................. 1-16.3-18 Definitions ........................................................ 1-16.3-14 Districts created . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . .. .. . . . . . . . . . . . . . . 1-16.3-21 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16.3-25 Supp. No. 76 3885 ST.LUCIE COUNTY CODE Section PUBLIC BUILDINGS IMPACT FEE (Cont'd.) Imposition . .. . . . . . . . .. .. .. . . . .. . .. . .. .. .. . . . . . . . . . . . . . .. . . .. . .. . . . . 1-16.3-15 Independent property appraisal ................................ 1-16.3-19 Intents, purposes and findings .................................. 1-16.3-12 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16.3-17 Property review appraisal .................. ............... ...... 1-16.3-20 Refund of fees paid ............................................... 1-16.3-24 Review, automatic adjustment of fees .......................... 1-16.3-27 Rules of construction ............................................. 1-16.3-13 Short title, authority, applicability .......................... ... 1-16.3-11 ~ust funds ........................................................ 1-16.3-22 Use of funds ....................................................... 1-16.3-23 PUBLIC IMPROVEMENTS Special improvement service district ........................... 1-17-16 et seq. See: ROADS AND BRIDGES Street lighting districts Annual special assessments .................................. 2-16-20 Appropriations authorized for organizational expenses Repayment . . . . . . . . . .. . .. . . .. . .. . . .. . . . . . . .. . . . . .. . . . . . . . .. .. . 2-16-21 Contracts and agreements with public utility companies . 2-16-19 Creation authorized ........................................... 2-16-16 Creation validation procedures ............................... 2-16-18 Proceedings for creation ....................................... 2-16-17 Public utility companies Contracts and agreements with ........................... 2-16-19 PUBLIC LANDS Abandoned property, garbage, trash, junk and debris ....... 1-9-17 PURCHASING Competitive purchase bidding .. ............... ... .............. 1-2-41 Definition, county purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-31 Design build contracts Authority ........................................................ 1-2-45 Definitions ...................................................... 1-2-47 Delegation of authority ........................................ 1-2-50 Design criteria Package ....................................................... 1-2-48(a) Professional .................................................. 1-2-48(b) Findings and determinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-46 Selection procedures Legal qualifications ......................................... 1-2-49(b) Professional services committee ........................... 1-2-49(c) Public announcement .. .. . . . . . . . . . . . .. . . . . . . . . . . . . . .. . .. .. . . 1-2-49(a) Request for proposal . ............... ........................ 1-2-49(d) Ordinances and resolutions not affected by Code ............. 1-1-3 Purchasing department Creation of ...................................................... 1-2-28 Powers, duties and functions . . . .. . .. . . .. . .. . .. .. . .. . . . . . . . . .. 1-2-29 Purchasing manual ... ............... ........... ................. 1-2-30 Supp. No. 76 3886