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Home My WebLink About1984OP. DIN~C;- NO. 84-01 AN ORDINANCE PROVIDING AN ALLOWANCE TO MEMBERS OF THE BOARD OF COUNTY CONMISSIONERS OF STo LUCIE COUNTY, FLORIDA, FOR TRAVEL IN ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Members of this Board should be reimbursed for the use of their personal automobiles in the performance of official duties in St. Lucie County. 2. This Board should provide, pursuant to Article VIII, Section l(f), Florida Constitution, and Section 125.01(1), Florida Statutes, a simple and economical method of reimbursing its members for such expenses. NOW, ~HEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-14.5 (OFFICERS AND EMPLOYEES) Article I of Chapter 1-14.5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE I. IN GENERAL Sec. 1-14.5-1 ALLOWANCE TO BOARD MEMBERS FOR TRAVEL IN ST. LUCIE COUNTY. Each member of the Board of County Commissioners shall be allowed the sum of one hundred ($100.00) dollars per month in reimbursement for the use of his or her personal automobile in the performance of official duties within St. Lucie County. This provision shall not preclude payment of a different amount upon submission of a log of miles traveled in a single calendar month, which log shall be deemed representative of the Board member's monthly mileage for each of the next succeeding twelve (12) months. PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, county ordinances, and county resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on February 1, 1984. PART F. ADOPTION. After motion and second, the vote of this ordinance was as follows: chairman ~4aurice Snyder vice-Chairman R. Dale Trefelner commissioner Havert h. Fenn commissioner E. E. Green commissioner william B. Palmer Absent Aye Aye Aye pART G. CODIFICATION' shall be incorporated in provisions o~ this ordinance the code o~ ordinances of St. Lucie countY, Florida, and the word ,,ordinance" may be changed to ,,section", ,,article", or other be provided apprOpriate word, and the sections of this ordinance may renumbered or relettered to accomplish such intention; however, that parts B through G shall not be codified. pAsSED AND DULY ENACTED this a~EST: ~ 3rd day of january, 1984. or cou sT. LucI . couP, STATE OF FLORIDA COUNTY OF ST. LUCIK THE UNDERSIGNED, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and .correct copy of an ordinance adopted byth~e~__ said Board~tf_County Commissioners at a meeting held on the day of and the seal said B d this 'IT~~and day of , Roger Poitras, Clerk of the Board of County Commissioners of St. Lucie County, Florida. Deputy Clerk JAN -~ AM I~: 5~ STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEW' ~'RIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newsp.aper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a. notice of ordinance in the matter of. 84-01 was published in said newspaper in the issues of .......... ............................ .z.~./.z.~../.s.~. .................................. Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corpora- tion any discount, rebate, commission or refund for the purpose of securing s ad~ertis.ement for publication in the said newspa~oer.~ orn co and subscribed before me i4th DEC This ................ day of ............ (.. 1983 .... . ....... ......... ~/'~ ~~ / N~ CO~5~rO~ EXP. DEC ~3,1987 (SEAL) '~ Nota/yPublic ~0~o~o ~ ~u. z~. u~:o. NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, Florida, will, at its meeting at 9:00 A.M. on Tuesday, January 3, 1984, in Room 101 of the St. Lucie County Ad- ministration Building, 2300 Virginia Avenue, Fort Pierce, Florida, hold a J)hUblic hearing to consider e enactment of Ordinance No. 84-01, a copy of which is attached hereto and by reference made a part hereof. DATED this 6th day of December, 1983. (s) Roger Poitras Clerk of the Board of County Commissioners of St. Lucie County, Florida. PUBLISH: December 14, 1983 ORDINANCE NO. 84-01 AN ORDINANCE PRO- VIDING AN ALLOWANCE TO MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FOR TRAVEL IN ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Members of this Board should be reimbursed for the use of their personal automobiles in the per- formance of official duties in St. Lucie County. 2. This Board shouldpro- vide, pursuant to Article VIII, Section l(f), Florida Constitution, and Section 125.01 ( 1 ), Florida Stautes, a simple and economical method of reimbursing ifs members for such ex- penses. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis- sioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-14.5 (OF- F I C E RS AN D EMPLOYEES) Article I of Chapter 1-14.5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: A R T I C L E I . I N GENERAL Sec. 1 - 1 4 . 5- 1 ALLOWANCE TO BOARD MEMBERS FOR TRAVEL IN ST. LUClE COUNTY, Each member of fhe Board of County Commis- (305) 466-1100 (305) 878-4898 2300 VIRGINIA AVENUE 3345p HAVERT L FENN, District No. 1 · E. E, GREEN, District No. 2 · MAURICE SNYDER, District No. 3 · R. DALE TREFELNER, District No. 4 · BILL PALMER, District No. 5 January 12, 1984 Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Gentlemen: Attached please find a certified copy of Ordinance No. 84-01, providing an allowance to members of the Board of County Commissioners of St. Lucie County, Florida, for travel in St. Lucie County. This Ordinance was enacted by the Board of County Commis- sioners of said County on January 3, 1984. Please advise if I may provide you with any further information. Sincerely, Ma~orie M. Canonica Cd~ission Secretary /minc Attachment January 19, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica Commission Secretary 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 12S.66, Florida Statutes, this will acknowledge: Receipt of your letter/s of and certified copy/ies of County Ordinance/s No./s January 12 St. Lucie 84-1 Receipt of relative to: (a) County Ordinance/s which we have numbered (b) NK/ which we have numbered We have filed this/these Ordinance/s in this office on January 19, 1984 %~R~. The original/duplicate copy/les showing the filing date is/are being returned for your records. Cordially, (Mrs.)~.anCy [avanaugh Chief, Bureau of Laws FLORIDA-State of the Arts ORDINi~CE NO. 84-02 640958 AN ORDINANCE AMENDING CHAPTER 1-9, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; AUTHORIZING COLLECTION OF A FEE FROM USERS OF THE LANDFILL; ESTABLISHING RULES AND REGULATIONS FOR THE LANDFILL; AND ESTABLISHING REQUIREMENTS FOR A PERMIT TO OPERATE GARBAGE AND TRASH REMOVAL, COLLECTION, AND DISPOSAL SERVICES IN THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01, Florida Statutes, empowers the Board of County Commissioners of St. Lucie County, Florida, to regulate waste collection and disposal for the health, safety, and welfare of the people. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit from (a) the authorization to collect a fee from users of the St. Lucie County landfill, (b) the establishment of rules and regulations for the St. Lucie County landfill, and (c) the establishment of requirements for a permit to operate garbage and trash removal, collection, and disposal services. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE I. (IN GENERAL) OF CHAPTER 1-9 (GARBAGE, TRASH AND REFUSE) Article I of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE I. IN GENERAL SECTION 1-9-1. AUTHORITY TO COLLECT DISPOSAL FEE FROM USERS OF COUNTY LANDFILL SITE. The Board of County Commissioners is hereby authorized to establish by resolution and subsequently to charge and collect a fee from every person, firm, corporation, association, or governmental entity that uses the St. Lucie County landfill for disposal purposes. The resolution establishing a schedule of fees for using the landfill may provide the means or mechanism for the charging and collecting of those fees, may provide differing fees for differing classes of user and kinds of disposal material, and may exempt certain classes of user from payment of a fee. SECTION 1-9-2. RULES AND REGULATIONS OF COUNTY LANDFILL SITE. (a) The following are hereby established as the rules and regulations of the St. Lucie County landfill: (1) Every person, firm, corporation, association, or governmental entity using the landfill for disposal purposes shall pay the applicable fee established pursuant to Section 1-9-1 of this article. Any person, firm, corporation, association, or governmental entity not paying or providing for the payment of the appropriate fee shall be denied use of the landfill. (2) No salvaging, scavenging, removal, or reclamation of any material is permitted at the landfill except upon express authorization of the Board of County Commissioners. 422 (3) NO person, firm, corporation, association, or governmental entity shall use the landfill except during the hours designated for such use as established by the Board of County Commissioners and posted at the entrance to the facility. (4) No disposal or placement of landclearing debris is permitted at the landfill except upon express authorization of the Board of County Commissioners. (5) No child below 10 years of age is permitted outside any vehicle using the landfill. (6) No disposal or placement of tires is permitted at the landfill except within the area designated for tire disposal. (7) No disposal or placement of hazardous or poisonous waste or other material; or of any septage or sludge; or of any other material the disposal or placement of which would violate applicable local, state, or federal permits, regulations, or laws is permitted at the landfill. (8) All disposal activities at the landfill shall be in accordance with directions of landfill personnel. (b) Violation of any provision of this section shall be punishable as provided in Section 1-1-8 of this Code. SECTION 1-9-3 - 1-9-15. RESERVED. PART B. ADDITION OF ARTICLE III (GARBAGE AND TRASH COLLECTION) TO CHAPTER 1-9 (GARBAGE, TRASH, AND REFUSE) Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding Article III, to read as follows: ARTICLE III. GARBAGE AND TRASH COLLECTION SECTION 1-9-20. REQUIRE~E~ FOR PERNIT. Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service, public or private, that furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service, public or private, of removing, collecting, or otherwise disposing of garbage and trash in the unincorporated areas of St. Lucie County, Florida, shall obtain a permit from the Board of County Commissioners of St. Lucie County, Florida (the Board). SECTION 1-9-21. APPLICATION FOR PERMIT. (a) Any person, firm, corporation, association, governmental entity, or other such organization seeking a permit under this article shall submit a completed application to the Board. (b) The application for a permit shall include: (1) Evidence that each driver possesses a valid Florida Drivers License, as required by Chapter 322, Florida Statutes, for the vehicles to be used in performing garbage and trash collection services. (2) Proof of adequate insurance coverage for claims arising out of injury or death of persons and damage to the property of others resulting from any cause for which the owner of such business or service would be liable. The required liability insurance shall be in amounts of not less than $250,006 per person and $500,000 per occurrence for bodily injury, and $100,000 per occurrence for property damage. (3) Documentation that vehicle(s) and other equipment meet the requirements of Chapter 316, Florida Statutes, and the following regulations: i. Each vehicle collecting garbage and trash shall be equipped with solid sides, bottom, and tailgate, and with a solid cover over the top to prevent trash and garbage from blowing or falling from the truck. ii. Each vehicle shall have the name of the permit holder and the permit number painted on each door, or in a conspicuous place on each side, in letters not less than 3 inches in height. (4) Proof of a valid contract or agreement with a landfill or other solid waste disposal site that holds a permit issued by Florida Department of Environmental Regulation pursuant to Part IV of Chapter 403, Florida Statutes, and complies with Chapter 17-7, Florida Administrative Code, and any other applicable rule or regulation. SECTION 1-9-22. DECISION UPON APPLICATION. (a) The Board shall give notice of the filing of any application pursuant to this article by publishing, at the applicant's expense, legal notice in a newspaper of general circulation in St. Lucie County. Such notice shall be in substantially the following form: "422 ,, 1103 BOOK NOTICE OF APPLICATION FOR PEILqITTO OPERATE GARBAGEANDTRASH RF/qOVAL COLLECTION, AND DISPOSAL SERVICES NOTICE IS HEREBY GIYEN that pursuant to Article III of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida,(name of applicant), whose business address is ....................... , has made application to the Board of County Commissioners for a permit to operate garbage and trash removal, collection, and disposal services in the unincorporated areas of St. Lucie County. The Board will consider the application at its regular meeting to be held in Room 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, at 9:00 a.m. on DATED this day of BOARD OF COUNTY CO~ISSIONERS ST. LUCIE COUNTY, FLORIDA (b) The Board shall consider an application filed under this article at a regular meeting held no sooner than 14 days following publication of the notice of filing the application. (c) Upon finding that the applicant has met all applicable requirements the Board shall issue the applicant a permit pursuant to this article· SECTION 1-9-23. FOR~ OF PEI~IqIT. Each permit issued pursuant to this article shall be in substantially the following form: PERMIT TO OPERATE GARBAGE AND TRASH REMOVAL, COLLECTION, AND DISPOSAL SERVICES IN THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY, FLORIDA Pursuant to Article III of Chapter 1-9, Code of Ordinances of St. Lucie County, Florida, (name of Dermittee) is hereby authorized to operate garbage and trash ~emoval, collection, and disposal services in the unincorporated areas of St. Lucie County, Florida, subject to all rules and regulations adopted by the Board of County Commissioners of the County and by the State of Florida. Issued this day of BOARD OF COUNTY CO~t~ISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: B~ Chairman Clerk SECTION 1-9-24. REV~TION OF PER~IT. The Board shall revoke any permit issued under this article for failure of the permit holder to meet any requirement of this article or any rule or regulation adopted by the Board or the State of Florida. Notice of the Board's intent to revoke a permit for failure to meet any of the above requirements shall be sent to the permit holder by certified mail. If evidence of corrective measures is not presented to the Board within 21 days of the date the notice is sent, the permit shall be deemed revoked. If evidence of corrective measures is presented timely, the Board shall determine whether that evidence is credible and whether it indicates full compliance with all governing requirements. Failure to present credible evidence of full compliance with all governing requirements shall be grounds for revoking the permit. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on April 1, 1984. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Maurice Snyder Aye Vice-Chairman R. Dale Trefelner Absent Commissioner Havert L. Fenn Aye Commissioner E. E. Green Aye Commissioner William B. Palmer Aye PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through G shall not be codified. PASSED AND D~Ly ENACTED this 17th day of January, 1984. ~EST: Clerk ST. L~CIE COUNTY, FLORIDA ~ U~)E~SI~, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a ordinance adopted by t~]e ~d2~r_%_o.f County C~,m~ssioners at a meeting held on the /~ day of ~-~---~-~. 1984. /! day of ~-~-F/~%' , 1984. l~oger Poitras, Clerk of the Boar4 of County C~m~ssi~ers of St. Lucie County, Florida Deputy Clerk -- THE NE% TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority perso.nally appeared James J. McMillen or Kathleen K. LeClarr, who on oath says that he/she is Publisher, Publisher's Secretary of The Ne.ws Tribune, a daily newspaper published at Fort Pierce ~n St. Lucie County, Florida; that the attached copy of advertisement, being a ....... p.p.s..~.?..o.~...~.~..~.,.~. .... in the matter of. 0rd±nance 84-02 was published in said newspaper in the issues of .......... 12/28/83 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has l~en ente~.~, as second class mail matter at the post office in Fort Pierce, in .s~id~:~Luci~iCounty, Florida, for a period of one year next pre- ced~."~ ~~c~ ofthe attached copy of advertisement; and affiant ti~i~I C~. p. ~' ~~..her pa~d nor pronused any person, firm or corpora- .~ Co--sion or refund for the purpose of securing t~ver~~.~-~.~Iic~ in the said newsp.~l~% (SEAL) No~ ~b~c ~,:;,~: ,>; c:~:~',.~ ~:,s:::,:~c: u~ NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucle County, Florida, will, af Ifs meeting af 9:00 A.M. on Tuesday, January 17, 1984, In Room 101 of the St. Lucie County Ad- ~.l.n!s. fr.atlon Building, 2300 ~rglma Avenue, Fort Pierce, Florida, hold public hearing fo consider the enactment of Ordinance No. 84-02, a Copy of which Is affached here fo and by' rpference made a part hereof. DATED this 20th day of December, 1983. (s) Roger Poltras Clerk of the Board of County Commissioners of St. Lucle County, Florida PUBLISH: December 28, · 1983 ORDINANCE NO. 84-02 AN ORDINANCE AMENDING CHAPTER 1- '9, OF THE CODE OF OR- DINANCES OF ST. LUCIE COUNTY, FLORIDA; AUTHORIZING COLLEC- TION OF A FEE FROM USERS OF THE LAND- FILL; ESTABLISHING RULES AND REGULA- TIONS FOR THE LAND- F I L L ; A N D ESTABLISHING ~ QUIREMENTS FOR A ~ PERMIT TO OPERATE GARBAGE AND TRASH REMOVAL, CO$. L E C- TION, AND DISPOSAL , SERVICES IN THE UNIN- CORPORATED AREAS OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of -County Commissioners of St. Lucia County, Flortda, has made the followl~g {leferm Inaflons: 1. Section 125.01, Florida. Statutes, empowers fha Board of County Commis- Sioners of St. Lucle County, Florida, fo regu ate waste collection and disposal for the health, safety, and welfare of the people. 2. The health, Safety~ and ' welfare of fha residents of ~t. Lucia County w II benef f from (a) the &ufhorizaflon fo collect a l~e from users of fha St. ~ Lucle County landfill, (b) fha establishment of rules end regulations for the Sf Lucle County landfill, and (c) the establishment of re- quirements for a permit to ~erate garbage and trash : ~moVal, collection, and Ills osal services. ~OC~W, THEREFORE, BE .IT ORDAINED by the ~_~ard of County Commls- El?hers of st Lucia County ' q~lorlda: ' i: PART A. AMENDMENT OF ARTICLE I. (IN : ~IENERAL) OF CHAPTER ' ~.~*9 (GARBAGE, TRASH ~E) REFUR~'I FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State January 23, 1984 Ms. Marjorie M. Canonica Commission Secretary 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your letter/s of and certified copy/ies of County Ordinance/s No./s January 20 St. Lucie 84 -2 ¸2. Receipt of relative to: (a) County Ordinance/s which we have numbered (b) NK/ o which we have numbered We have filed this/these Ordinance/s in this office on January 23, 1984. X~ The original/duplicate copy/les showing the filing date is/are being returned for your records. Cordially, (~rs.~Nancy Kavanaugh Chief, Bureau of Laws FLORIDA~State of the Arts ORDINANCE NO. 84-03 AN ORDINANCE ANENDING CHAPTER'I-8o5 ARTICLE I OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADOPTING THE FLOOD' INSU]~NCE"STUDY SUPPLEMP-NT--WAVE* HEIGH? ANALYSIS. 'ST;" LUCIE' COUNTY ;' "FLORIDA-"UNINCORPORA?ED' AREAg (JULY 5, 1983). W~EREA~, the Board of County Commissioners o~ St. Lucie County, Florida, has made the following determinations: 1. Section 125.01, Florida Statutes, authorizes this Board to adopt regulations promoting the public health, safety, and welfare, and in particular to establish and administer flood control and flood damage prevention programs. 2. Adoption of the Federal Emergency Management Agency's Fl°°d'I'nsurance"Study"Supp~ement-~Wave'~Heiaht"kn'alysiso-St.'Luci~ County.' Ftorida--Unincorporated'~Areas (July 5, 1983) will facilitate the prevention of flood damage and will promote the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-8.5 (FLOOD DAMAGE PREVENTION) Section 1-8.5-7 of Chapter 1-8.5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Sec. 1-8.5-7. Basis for establishing the areas of special flood hazardJ The areas 0f special flood hazard identified by the Federal .Emergency Management Agency in its Flood-'Insurance Study, St.' ° 4Z3 ~ucie"Count¥;' Florida--Unincorporated 'Areas (February 17, 1981), and Flood~tnsurance--St~dy-Supplement--Wave~Height. Analysis;..St; ~ucie 'Co~nty;'~Ftorida--Unincorporated"Areas (July 5, 1983), and any revision or supplement thereto, are adopted by reference and declared to be a part of this Chapter. PART B. SEWERABILI~-f AND APPLICABILI~"~ ~ , If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WI~ ~E DEPAR~ENTOF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE This ordinance shall take effect on March 15, 1984. PART E. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Maurice D. Snyder Vice-Chairman R. Dale Trefelner Aye Aye Commissioner Havert L. Fenn Commissioner William B. Palmer Commissioner E. E. Green Aye Aye Aye PART F. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided however, that Parts B through E shall not be codified. PASSED AND D[]LY ADOPTED this 7th day of February, 1984. BOARD OF (X)~NTY CO[~TSSIONF, I~ ST. LUCIE COUNTY, FLORIDA / ~hairman! ~ / ATTEST: e r ~ D/~i~IGN~), Clerk of the Board of County Cog,~nissioners of the Co~u%ty and State aforesaid, d~es hereby certify that the above and foregoing is a ~rue and correct copy of a ordinance adopted by the sa~id ~Board of County C~mtiosioners ~at a meeting held oa the 5rz~ day of7~-o~~ 1984. hand and the seal of said Board this day of ~, 1984. l~er Pottras, Clerk of B~ard ~f Cotmty ~f S~. ~ucie County, Florida Deputy Clerk 643433 m Z677 STATE OF FLORIDA COUNTY OF ST. LUCIE THE NE'~ ,TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally aooeared James J. McMillen or Kathleen K~ EeClair, v~ho-o'n oath says that he/she is Publisher, Publisher's Secretary of The Ne.ws Tribune, a daily newsp.aper published at Fort Pierce ~n St. Lucie County, Florida; that the attached copy of advertisement, being a ........ p.u?)..L~' .~?..a.r.i.,.g. ....... in the matter -~ Ordinance 84-03 was published in said newspaper in the issues of .......... 1/z6/84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant ~rther says that he has neither paid nor promised any person, firm or corpora- t~on any discount, rebate, commission or refund for the purpose of securing th~s advertisement for Publication in the said newspaper. Sworn to and sUbscribed before me 16th JAN This ................ day of ......... f....,~--~ ~ / ( //~/'~/-~ AD 1984'. ~,~L /~5--~/' No. 03g.~I NOT CE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucle County, Florida, will at Ifs meeting at 9:00 A.M., on Tuesday, February 7, 1984, In Room 104 of the St Lucle County Administration Building, 2300 Vlrg nla Avenue, Fort Pierce, F orlda, hold a public hearing to consider the enactment of Ordinance No. 84-03, a copy of which Is attached hereto and by reference, made a part hereof. DATED this 11th day of January, 1984. Clerk of the Board of Coun. ~/ Comm ssloners of St. L~ucle County, Flor da. FUBLISH: January 16, 1984 ORDINANCE NO. 84-03 AN ORDINANCE AMENDING CHAPTER 1- \ 8.5 ARTICLE I OF THE CODE OF ORDINANCES · OF ST. LUC E COUNTY FLORIDA, BY ADOPTIN~ ,/ THE FLOOD INSURANCE STUDY SUPPLEMENT- ~,~ WAVE HEIGHT ANALYSIS, ST. LUCIE COUNTY, FLORIDA -- ] UNINCORPORATED / AREAS (JULY 5, 1983). :he. Bo. rd o, / Y omm ssloners of St. Lucle County, Florida, .has made the following aeterm Inatlons: ; 1. Section 125.01, Florida Statutes, authorizes this BOard to adopt regulations F~'omotlng the public I~elth, safety, and welfare, and in particular fo establish and administer flOod control and flood damage prevention pro- grams. _ 2~ Adoption of the Federal · .Emergency Management Agency's Flood Insurance Steely Supplement -- Wave Height Analysis, St. Lucle C~ty, Florida ~ Unin- cOrPorated Areas (July 5, 1~1) will facilitate the Prevention of food damage .m~l will promote the public health, Safety, and welfare. · iTl~(w, THEREFORE, BE ., ORDAINED by the ~.~rd of County Camm s- Limmers of St. Lucle County, rl~rida: -PART A. AMENDMENT OF CHAPTER 1-8.5 (FLOOD DAMAGE PREVENTION) ~tlon 1-8.5-7 of Chapter 1-~' of the Code of Or- alliances of St. Lucia Coun- ty, LFIorlda, Is hereby amended to read as foLlews: (305) 466-1100 (305) 878-4898 2300 VIRGINIA AVENUE 33450 HAVERT L FENN, District No. I · E.E. GREEN, District No. 2 · MAURICE SNYDER, District No. 3 - R. DALE TREFELNER, District No. 4 · BILL PALMER, District No. 5 February 16, 1984 Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Gentlemen: Attached please find a certified copy of Ordinance No. 84-03 amending Chapter 1-8.5 Article I of the Code of Ordinances of St. Lucie County, Florida. This ordinance was enacted by the Board of County Commissioners of said County on February 7, 1984. Please advise if I may provide you with any further information. Sincerely, Ma~o~orie M Canonica Co~mission'Secretary Attachment FLORIDA DEPARTMENT OFSTATE George F~restone Secretary of State February 20, 1984 Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of and certified copy/ies of County Ordinance/s No./s February 16 St. Lucie 84-3 2. Receipt of relative to: (a) County Ordinance/s which we have numbered (b) which we have n~u~bered We have filed . this this/these on February 20~ Ordinance/s in this office 1984. The original/duplicate copy/ies showing the filing date being returned for your records. is/are Cordially, (Mrs.)~Nancy Kavanaugh Chief, Bureau of Laws NK/ Enclosure FLORIDA~State of the Arts STATE OF FLORIDA COUNTY OF ST. LUCIE THE NE~ I'RIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County. Florida Before t,h.e ~_n..d_ersign__ed authority perso.nally appeared James J. ~v~cMillen or Kathleen K. LeClmr, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspap,e.r published at Fort Pierce in St. Lucie County, Florida, that the attached copy of advertisement, being a ..... ~.u..k!~.q .b.~.a.r..~.,g ........... in the matter nf ordinance //84-05 was published in said newspaper in the issues of .......... ~/~o/s~ Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saic~ newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day.an, t has been entered as second class mail matter at the post office in Fort Piorce ~,~id' St, ~Lucie County, Florida, for a period of one year next re- c~e~ ~l~.~f~/t?~.bh.'cation. 9f the .attached copy of advertisement; and aff~nt ~ ~m~..,~..~ ~a~ ~F~.~'~.~.I~. s neither pazd nor promised any person, firm or corpora- ~A~: Sf~~ (_e_bate, commission or refund for the purpose of securing ~!"L{~]~ltr~ ~~¥f f~r PUblication in the said newspaper. ~'~ ~o'an~o~c ri~,~d b~fore me (SEAL) · NO~ NOTICE IS HEREBY GIYEN '1trot the Baaed St. L~ CoU~, FI~W~ a.m. ~TuMiy, ~y 1~, In K~m 1Olaf ~ St. ~venue, ~ort Plerce~ Fl~lg, ~ld a ~!IC lng ~ ~i~ the ~, a c~y of which I~ at- tached hereto a~d h~. DATED 'this 4th ~y 'Clerk Of ~ B~ of C~n' ty Commlss~s of St, Loci, COunty, F~rlda. PUBLI~rAprl110, 1~ ORDINANCE NO. ~ AN ORDINANCE ~ ~ENDING CHAPTER i,~ 16, ART~LE '111 OF CODE OF ORDINATES OF ST. LUCIE COUNTY, F L O_ R I D A ESTABLISHING QUALIFICATIONS FOR CERTAIN HISTORICA~ C O M.M I S S I O N M MBERS; A EStaBLISHING AN' ~T- TENQANCE REQUI RE4 MENT W~EAS, ~ ~ed has m~ f~ fOl~inG slon~ ~ucm' County ~ HlltOrlal.' : ~:~REFORE, BE IT ORDAINED by the B~rd ~f C~nty Comml..~ FlOr[ P~ A. A~NDMENT OF ARTICLE (_HISTORICAL C~ SION) TO CHAPTer: (PLANNING) ~.~ ' Arti~ ~M ~ ~ ~"~ St L,c~ ~.~.~ Hi,~i~l C~m~. sl~ ' is ~Y ~tebllM~ ORGANIZ~A~ I QUAlIFICAtION MEMBERS: T~ ~rd of Coun~ Commi~s ~hell ~lnt~ bY r~Utl~ ~ie C~n~ B~rd ~oun~Y '~ommls~loners one m~' ~1 ~ ~-y ~ommiSslon; _ ¢~ P~ St Lucle Ci~ ~ommlssion; ~nd ot me Villl~ of S~. LKle BMrd ~ ~l~m~. In -. me hl~t~l~l ~ ~M~ M C~nty ~r t~ In~r--t of '~h SECT:ION~ 1-1~ OF- FICERS.: ~ ~ hM~i~l comml~. s~ m~. ~int~' fig and , of J~ record, ' ~md phl~ets, minu'l Cen~ui recor~ .Iw~ers, end other obli)cta / and rltlvll ~f fhe early pi~, ~elr exploits, p~iit~ ~ ~rlv~tons, and ~ ~ M FI~, -- M~A RKLNG H IS~ ~ M~IM ~mls- circuit 654764 '84 IIAY-4 PI2:12~ FILED ~!~ ST. LUCIE COUNTy, FL. (305) 466-1100 (305) 878-4898 2300 VIRGINIA AVENUE 33450 HAVERT L. FENN, District No. 1 · E. E. GREEN, District No, 2 · MAURICE SNYDER, District No. 3 · R. DALE TREFELNER, District No. 4 · BILL PALMER, District No. 5 May 3, 1984 Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Gentlemen: Attached please find a certified copy of Ordinance No. 84-05 amending Chapter 1-16, Article III of the Code of Ordinances of St. Lucie County, Florida. This Ordinance was enacted by the Board of County Commissioners of said County on May 1, 1984. Please advise if I may provide you with any further information. /~cerely, Mar~orie M. Canonica C~ission Secretary /mmc Attachment May 7, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of and certified copy/ies of County Ordinance/s No./s May 3 St, Lucie 84-5 2. Receipt of relative to: (a) County Ordinance/s which we have numbered (b) which we have n~kmbered We have filed this this/these on May 7, Ordinance/s in this office 1984. The original/duplicate copy/ies showing the filing date being returned for your records. is/are Cordially, (Mrs.) UNancy Kavanaugh Chief, Bureau of Laws NK/ Enclosure FLORIDA-State of the Arts 654764 ORDINANCE NO. 84-D5 AN ORDINANCE AMENDING CHAPTER 1-16, ARTIC~.~- III OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ESTABLISHING QUALIFICATIONS FOR CERTAIN HISTORICAL CO~L~ISSION MEMBERS; AND ESTABLISHING AN ATTENDANCE P. EQUIRF/qERT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1) (f), Florida Statutes, empowers the Board of County Commissioners of St. Lucie County to provide for a county historical commission. 2. The following amendments will benefit the St. Lucie County Historical Commission's ability to carry out its duties. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE III (HISTORICAL CONMISSION) TO CHAPTER 1-16 (PLANNING) Article III of Chapter 1-16 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE III. HISTORICAL COMMISSIION SECTION 1-16-41. CREATION. An historical commission to be called the "St. Lucie County Historical Commission" is hereby established. SECTION 1-16-42. ORGANIZATION, QUALIFICATION OF MEMBERS. The Board of County Commissioners shall appoint by resolution the members of the historical commission, which shall consist of not more than eleven nor fewer than five members. One member shall be a member of St. Lucie County Board of County Commissioners; one member shall be a member of the Fort Pierce City Commission; one member shall be a member of the Port St. Lucie City Commission; and one member shall be a member of the Village of St. Lucie Board of Aldermen. In selecting citizens to serve on the historical commission, the Board of County Commissioners shall consider the interest of such citizens in the history, cultural lore, and development of St. Lucie County. SECTION 1-16-43. OFFICERS. The historical commission shall select a chairman from among its membership, shall appoint a secretary who may or may not be a member of that commission, and may appoint such other officers as it deems appropriate. The historical commission may, when necessary, appoint a clerk to be known as the "county historian." SECTION 1-16-44. COMPENSATION. The members of the historical commission shall receive no compensation, but may be reimbursed for traveling expenses as provided in Section 112.061, Florida Statutes. SECTION 1-16-45. MEETINGS; ATTENDANCE; RULES. The historical commission shall meet at an appropriate place and shall arrange a time for holding regular meetings and such other meetings as shall be necessary. If any member fails to attend three successive meetings without cause and without prior approval of the chairman, the historical commission shall declare the member's office vacant, and the Board of County Commissioners shall promptly fill such vacancy. The historical commission may adopt such rules of organization and procedure as it deems necessary, and it may determine the duties of its members and employees. BOOK SECTION 1-16-46. DUTIES--COLLECTION OF DATA, ETC. The historical commission shall collect, arrange, record, and preserve 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 commission shall procure and preserve narratives of the early pioneers, their exploits, perils, privations, and achievements, and shall collect material of every description relative to the history of the Indian tribes, the wars, the soldiers, the schools, and the churches of the county and of Florida. SECTION 1-16-47. SA~E--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 market of historical content or import shall be placed, erected, or altered on or removed from County property, the Board of County Commissioners shall obtain from the historical commission a recommendation concerning design and content. SECTION 1-16-48. 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. SECTION 1-16-49. EXPENSES. The Board of County Commissioners shall pay the expenses of the historical commission out of the general fund of the county. SECTION 1-16-50. COUNT~ TO PROVIDE REPOSITORY. The Board of County Commissioners shall provide suitable and adequate space as a repository for the findings, collections, and other material of the historical commission. SECTION 1-16-51 - 1-16-60. RESERVED. PART B. SEVERABILITYAND APPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE This ordinance shall take effect on June 1, 1984. PART E. Al]OPtION After motion and second, the vote on this ordinance was as follows: PART F. Chairman Maurice D. Snyder Vice-Chairman R. Dale Trefelner Commissioner Havert L. Fenn Commissioner E. E. Green Commissioner William B. Palmer CODIFICATION Aye Aye Aye Aye Aye Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided however, that Parts B through E shall not be codified. PASSED AND DULY ADOPTED this 1st day of May, 1984. BOAllD OF COUl~f~ CO[[tlISSIOl~.llS ST. LUCIE 'COUIFI"/, FLORIDA Chairman / ATTEST: ff~ Clerk ~ D/~]~SIGN~D, Clerk of the Board of County Commissioners of the Co~u%ty and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a ordinanc9 adopted by t/]e~%aid Board of County C(~,m~ssioners at a meeting held on the /~ day of~-~'_ 1984. my hand and the seal of said Board t/~is day of 5,9{o~ .. , 1984. / Roger Poitras, Clerk of the Boa£d of County Czmuissi~ners of St. Lucie County, Flo£ida Deputy Clefk " 43! 127 5(IOK BOARD OF COUNTY COMMISSION(ERS COUNTY ATTORNCY DANIEL B. HARRELL June 27, 1984 Mrs. Nancy Kavanaugh, Chief Bureau of Laws Department of State The Capitol Tallahassee, Florida 32304 Dear Mrs. Kavanaugh: Attached please find a certified copy of Ordinance No. 84-06 establishing requirements for a permit to conduct mining and excavation operations in St. Lucie County. This ordinance was enacted by the Board of County Commissioners of said County on June 26, 1984. Please advise if I may provide you with any further information. Sincerely, Marjorie M. Canonica Commission Secretary mmc/ve Attachment ~VFRT ;L_ F£NN, District No I · E. E. GREEN, District No. 2 · MAURICE SNYDER, District No. 3 · R. DALE TREFELNER, District No. 4 · BILL PALMER, District No 5 County Administrator - WELDON B. LEWIS 2300 Virginia Avenue . Fort Pierce, FL 33450 · Phone (305) 466-1100 Ext. 214 June 28, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of y.our letter/s of June 27 and certified copy/ies of County Ordinance/s Nos. St. Lucie 84-6 (a) Certified copy./ies of Ordinance/s relative to: Co un ty which we have numbered which we have numbered This/these ordinance/s has/h~ave been filed in this office on June 28, 1984. The original/duplicate copy./ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (I~rs.) ~ancy' Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts OI1DINANCE ~. 84-06 AN OI~DINANCE ESTABLISHING IIEOUI~NTS FOR A PE~IT ~ CO~O~ MINI~ ~ EX~VATION OPE~TIONS IN ~. LUCIE CO~, F~DA~ P~IDI~ EX~IONS~ P~VIDI~ FOR C~SES OF PE~ITS ~ TI~ LINITS~ P~IDI~ ~PLI2TION FILI~ ~QUI~~S~ P~IDI~ ~ST~IONS, ~GU~TIONS, ~ CO~ITIONS ON PE~ITS~ P~IDI~ P~U~ ~R OBTAINI~ PE~IT~ P~VIDI~ C~TE~A ~R ISSUI~ PE~IT~ P~IDI~ ~R MODIFI~TION OR EXTENSION OF PE~IT~ P~VIDING ~R SUSPENSION OF PE~ITS~ P~IDI~ FOR ~~TION OF PE~IT~ P~VIDI~ ~R ~P~ OF ~NFLI~I~ P~ISIONS~ P~IDI~ ~R S~~ILI~ ~ ~PLI~ILI~ P~VIDI~ ~R FILING WITH THE DEP~E~ OF STATE~ P~IDI~ ~ EFFE~ DATE~ ~ P~IDI~ ~R ~DIFI~TION WHEI~%S, the Board of County Commissioners of St. Lucie County has made the following determinations: 1. Section 125.01, Florida Statutes, empowers the Board of County Commissioners of St. Lucie County, Florida, to establish business and land use regulations and conservation programs necessary for the protection of the public. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit from the establishment of requirements for a permit to conduct mining and excavation operations. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ADDITION OF CHAPTER 1-12.5 (Mining and Excavations) The Code of Ordinances of St. Lucie County, Florida, is amended by adding a new Chapter 1-12.5, to read as follows: CHAI~ER 1-12.5 NINING P~ND EXCAVA?IONS ARTICLE I. IN GENElt~ Sections 1-12.5-1 - 1-12.5-20. ltESERVED ARTICLE II. PERNI~'PING OF NINING~ND EXCAVATION OPERATIONS Section 1-12.5-21. Requirement for Permit~ Exemptions. (a) Except as provided in this section, no mining or excavation operation shall be conducted in the unincorporated areas of St. Lucie County without a permit from the Board of County Commissioners. As used in this article, the terms ~ and excavation operation include any operation that entails the excavation or removal of earth in excess of 100 cubic yards from one parcel of property to another parcel of property, or from one area of a parcel of property to another area on the same parcel if a public road is used. (b) No mining permit shall be required under this article for the following activities: (1) Installing utilities; (2) Installing foundations for any building or other structure, or undertaking any development authorized by site plan approval, conditional use permit, planned unit development approval, or building permit. (3) Digging drainage or mosquito control ditches and canals by authorized units and agencies of government; (4) Digging drainage or mosquito control ditches and canals by private persons when construction is permitted by all authorizing agencies, if any, and when the excavated material is not removed from the involved tract of land; -2- (5) (6) (7) Excavating for accessory uses of land, such as parking lots, septic tanks, graves, etc., that are designed to be filled and graded upon completion of excavation; Excavating for a swimming pool when construction is permitted by all authorizing agencies; and Excavating, grading, and moving earth in conjunction with the platting of a subdivision permitted in accordance with all governing regulations when the excavated materials are not removed from the boundaries of the subdivision. (c) Mining permits authorized by the Board of County Commissioners and issued by the County Engineer prior to the effective date of this article shall be treated as issued under this article. (d) Applications for mining permits filed prior to the effective date of this article shall be governed by the procedures and standards effective on the date of application. Section 1-12.5-22. Classes of Permit; Time Limits. There are hereby established two classes of mining permit, as follows: (a) Class I Permit. (1) A Class I permit shall apply to all mining operations that do not qualify for a Class II permit. (2) A Class I permit shall be valid for a period of not more than 8 years. (3) During the term of a Class I permit the permittee shall update the mining plan at least once every 48 months or more frequently if needed to reflect any significant change in the plan. Failure timely to file an updated mining plan shall render the permit expired. The updated mining plan shall be filed in duplicate with and subject to the approval of the County Engineer. The updated mining plan shall be -3- (b) subject to the approval of the Board of County Commissioners in the same manner as an application for mining when, in the opinion of the County Engineer: (i) The updated significant plan; or mining plan constitutes a change to the approved mining (ii) The permittee has failed to meet any requirement of this article, or has deviated substantially from or disregarded the terms and conditions of the permit or the approved mining plan. Class II Permit. (1) A Class II permit shall apply to mining operations that meet the following qualifications: (i) The area to be mined is more than 20 acres; (ii) The mining activity involves the excavation of lime rock, cemented coquina, shell rock, or other solid mineral matter; and (iii) The mining activity requires such a substantial capital investment in plant and equipment that, if limited to a period of 48 months, would not yield a rate of return on investment equal to the weighted cost of capital, including debt and equity. (2) A Class II permit shall be valid for a period of not more than 20 years. (3) During the term of a Class II permit the permittee shall update the mining plan at least once every 48 months or more frequently if needed to reflect any significant change in the plan. Failure timely to file an updated mining plan shall render the permit expired. The updated mining plan shall be filed in duplicate with and subject to the approval of the County Engineer. The updated mining plan shall be subject to the approval of the Board of County Commissioners in the same manner as an application for mining when, in the opinion of the County Engineer: (i) The updated mining plan significant change to the plan; or constitutes a approved mining (ii) The permittee has failed to meet any requirement of this article, or has deviated substantially from or disregarded the terms and conditions of the permit or the approved mining plan. Section 1-12.5-23. Application for Mining Permit. Any person seeking a mining permit shall submit the original and one copy of an application to the County Engineer, which application shall include the following: (a) Operational Statement. The operational statement shall include: (1) The names and business addresses of all applicants. (2) Proof of ownership of the property to be mined. (3) The size of the property to be mined in acres. (4) A listing of all properties within 500 feet of the area to be excavated by Property Appraiser tax identification number and property owner name. (5) The type of permit requested. (6) A timetable or schedule for mining activities, from commencement of operations through completion of reclamation. (i) For a Class I permit, the schedule shall cover the entire operation. (ii) For a Class II permit, the original application schedule shall contain a specific timetable for the first active phase of the operation, and a general timetable for the balance of the entire operation. All required updated mining plans shall include a specific timetable for each active phase. (7) The proposed days and hours of operation, including maintenance and service of equipment. (8) The method of extraction and processing, including disposition of overburden or top soils as well as the type of excavation equipment to be used. d263 (9) The location and estimated annual output of machinery or equipment to be used in any screening, crushing, or processing operation for materials mixed or excavated on the site. (10) Operating practices proposed (i) To minimize noise, dust, air contaminants, and vibration; (ii) To prevent undue damage to public streets and roads or creation of a traffic hazard; (iii) To prevent overburdening the existing drainage system; and (iv) To prevent undue pollution of surface and underground water and undue alteration of the water table. (11) Any other information deemed necessary by the County Engineer for the reasonable review of the proposed mining operation. (b) Mining Plan. The mining plan shall be submitted on 24 inch by 36 inch detail sheets and at a scale no smaller than one inch equals 50 feet unless the County Engineer deems a smaller scale to be appropriate. Detail sheets shall include: (1) The north point, scale, and date of the plan. (2) The location of the property to be mined by legal description and street address, if any. (3) The boundary lines and dimensions of the property. (4) The extent of the area to be excavated, with dimensions showing property line setbacks, corner locations, required berm and swale, and phase boundaries, if applicable. (5) A typical cross-section showing the slope and grade of excavation side slopes, berm, and swale. (6) Processing, storage, and ponding or water detention areas. (7) Proposed fencing, gates, and parking. (8) Any other information deemed necessary by the County Engineer for the reasonable review of the proposed mining operation. (c) Location Map. The location map shall delineate the property boundaries on Property Appraiser maps. (d) Aerial Photograph. The aerial photograph shall depict all of the property to be mined. (e) Reclamation Plan. The reclamation plan shall delineate procedures necessary to assure that, upon completion of the mining activity, the property's surface will be left in a suitable condition. The reclamation plan shall include: (1) A statement of planned reclamation, including the methods to accomplish reclamation as well as the phasing and timing of reclamation. (2) A plan setting forth the final grade of the excavation any water features included in the reclamation, proposed methods to prevent stagnation and pollution, landscaping or vegetative planning, and areas of cut or fill. (3) If excavation is to be accomplished in phases, the area, extent, and approximate timing of each phase. (4) The method of disposing of any equipment structure used in the mining operation. or (5) Any other information deemed necessary by the County Engineer for the reasonable review of the proposed mining operation. Section 1-12.5-24. Restrictions, Regulations, and Conditions on ~ining Permit. Ail mining operations conducted under authority of a permit issued in accordance with the provisions of this article shall be subject to the following restrictions, regulations, and conditions: (a) ~. mining plan, shall requirements: The mine or excavation, as shown on the comply with the following dimensional -7- 436 (i) From the bottom of the excavation to a point 4.0 feet below the normal water table, side slopes shall be limited to a maximum of 1.5 feet horizontal to 1.0 foot vertical, provided, however, that when mining activities involve solid mineral matter, no maximum shall apply. (ii) From a point 4.0 feet below the normal water table to natural ground surface or the top of the berm, the side slopes shall be limited to a maximum of 4.0 feet horizontal to 1.0 foot vertical, provided, however, that when mining activities involve solid mineral matter, the slope from a point 4.0 feet below the normal water table to the top of the solid mineral matter may be increased to 2.0 feet horizontal to 1.0 foot vertical. (2) Berm and swale. (i) A berm shall be constructed extending around the perimeter of the excavation, which berm shall be 2.0 feet above natural ground, have a top 3.0 feet wide, and have maximum front and back slopes of 4.0 feet horizontal to 1.0 foot vertical. (ii) A swale shall be constructed extending around the perimeter of the excavation or berm, which swale shall have a depth of between 1.0 and 2.0 feet, maximum slopes of 4.0 feet horizontal to 1.0 foot vertical, and minimum horizontal grade of 0.2 percent in 500 foot lengths. (3) (iii) The Board of County Commissioners shall authorize relief from the berm or swale requirements if it finds, after receiving the recommendation of the County Engineer, and based upon conditions peculiar to the proposed mining operation, that either or both are unnecessary to protect the public interest. ~. No excavation below adjacent road grade shall be permitted within 150 feet of the right of way line of any public road or street, or within 15 feet of adjoining property, provided, however, that when adjoining property is being or has been used for mining or is owned by the applicant, mining may be permitted within 15 feet of such adjoining propery. (b) Performance Security. Prior to receiving a permit, an applicant for mining permit shall provide a performance bond or other security, approved as to form and legal sufficiency by the County Attorney, to assure compliance with the requirements of the mining permit and the reclamation plan. (1) Amount. The bond or other security shall be set by the Board of County Commissioners, upon recommendation of the County Engineer, in an amount reasonably related to the cost of reclamation activity. For a Class II permit, the bond or other security shall be required only for the active phases of the mining operation. (2) Release. The bond or other security shall be released by the Board of County Commmissioners only upon certification by the County Engineer that all ordinances, conditions, and reclamation requirements have been fulfilled. (c) Boundary Markers. Prior to commencing operations, the permittee shall have all property lines and corners marked with poles no less than 3.0 feet in height and painted red, spaced no greater than 200 feet apart or such other spacing as recommended by the County Engineer and approved by the Board of County Commissioners, and set in the ground such that the top of each pole can be clearly seen with the naked eye from the next marker. (d) Notice of Commencement or Cessation. No later than five days after commencement, the permittee shall notify the County Engineer that mining operations have commenced. No later than 10 days after mining have ceased or been interrupted, the Permittee shall notify the County Engineer of such cessation or interruption. (e) Inspection. The County Engineer or designate shall have authority to conduct inspections of any permitted mining operation, and to measure water levels in and take water samples from the mine. By seeking and obtaining a permit under this article, a permit applicant shall be deemed to have consented to such inspections at any reasonable time upon presentation of proper identification by the County Engineer or designate. (f) Revegetatio~. All disturbed areas shall be seeded promptly and mulched with grass mixtures, at a rate of application in accordance with Florida Department of Transportation specifications, to establish capable cover during the growing season for which they are applied. Revegetation shall be considered complete upon demonstrating a reasonable stand of perennial cover established one year after reclamation. The permittee shall be responsible for any erosion that occurs during the first year following reclamation. (g) Time for Reclamation. The permittee under a Class I permit shall reclaim the land to a suitable condition within six months following expiration of the permit or cessation of mining operations, whichever first occurs. The permittee under a Class II permit shall reclaim the land to a suitable condition within 12 months following completion or expiration of each phase of the excavation, cessation of mining operations, or expiration of the permit, whichever first occurs. (h) ~. The Board of County Commissioners shall attach any reasonable condition, limitation, or requirement to a mining permit as is necessary to effectuate the purposes and to carry out the spirit of this article. Such conditions, which may include regulations either in addition to or more restrictive than those otherwise set forth in this article, shall be set forth expressly in the mining permit. Section 1-12.5-25. Procedure for Obtaining #ining Permit. (a) Application Fe~. Ail applications for mining permits shall be submitted to the County Engineer in accordance with the provisions of this section. No application shall be deemed complete and officially filed until all information required by the provisions of this article has been submitted, accompanied by a nonrefundable application fee according to a schedule established by resolution of the Board of County Commissioners. Any determination by the County Engineer that an application is incomplete may be appealed to the Board of County Commissioners for a determination that the application is complete. (b) Review by County Enqineer. The County Engineer shall review the application and determine if it is complete. If the County Engineer determines that the application is not complete, he shall send the applicant by mail a written statement specifying the deficiencies, and shall take no further action unless the deficiencies are remedied. If the County Engineer determines that the application is complete, he shall review the application, make a written report, notify the Board of County Commissioners that the application is ready to review, and return one copy of his report to the applicant. (c) Review and Hearing by Board of County CommissionerD. (1) Notice. Upon receiving the report of the County Engineer, the Board of County Commissioners shall schedule a public hearing on the application. Notice of such public hearing shall be published (2) (3) in a newspaper of general circulation in St. Lucie County at least 30 days prior to the date of the hearing. Notice of such public hearing shall be mailed to all property owners within 500 feet of the property to be mined at least 30 days prior to the date of the hearing. For this notice, the owner of the property shall be determined to be the person who with his address is shown on the tax rolls of St. Lucie County. All such notices shall set forth the date, time, and place of the hearing; an adequate legal description of the property to be mined; the name of the permit applicant; and the type of mining permit requested. Hearing. In reviewing the application for mining permit, the Board of County Commissioners shall consider the testimony submittals, and information presented at the public hearing, and the report of the County Engineer, and shall determine whether the proposed mining operation meets the provisions of this article and any other applicable County ordinance. The Board shall require such additional reports as it deems necessary to make its determination. D__~. Within a reasonable time of the conclusion of its review, the Board of County Commissioners shall approve, approve with conditions, or deny the application. Notification of the decision shall be mailed to the applicant and filed with the Office of the County Engineer. (d) Issuance of Mininq Permit. Following approval of an application, the County Engineer shall issue a mining permit upon the applicant furnishing a performance bond in accordance with Section 1-12.5-24 (d) of this article and payment of a nonrefundable permit fee according to a schedule established by resolution of the Board of County Commissioners. The permit shall set forth any condition, limitation, or requirement imposed by the Board of County Commissioners, and shall take effect on the date issued. No mining may commence until a permit is issued and all restrictions, regulations, and conditions of that permit have been met. If an applicant fails to post a performance bond and obtain a mining permit within 60 days of the date of approval by the Board of County Commissioners, the approval shall automatically terminate. Section 1-12.5-26. Criteria for Issuing Mining Permit. Approval of a mining permit application shall be granted by the Board of County Commissioners only if the applicant demonstrates the following: (a) Consistency with Zoning. Comprehensive Plan. and County Ordinances. The proposed mining operation is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Zoning Ordinance, the St. Lucie County Growth Management Policy Plan, and the Code of Ordinances of St. Lucie County; and the proposed mining operation complies with all additional standards imposed on it by the particular provisions of those ordinances and regulations. (b) Effect on Adjacent Properties. (1) The proposed mining operation will not have an undue adverse effect upon adjacent property, the character of the neighborhood, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. (2) All reasonable steps have been taken to minimize noise, dust, air contaminants, and vibration. (3) The proposed mining operation will not overburden the existing drainage system. (4) All reasonable steps have been taken to prevent undue pollution of surface and underground water, and to prevent undue alteration of the water table. The proposed mining operation will be arranged and conducted so as not to interfere unreasonably with the development and use of neighboring property. (c) Effect on Transportation System. The proposed mining operation will not cause undue damage to public streets and roads, and will not create a traffic hazard. (d) Adequacy of Reclamation Plan. The reclamation plan is adequate to insure that the property will be properly reclaimed upon completion of mining operations. Section 1-12.5-27. Modification or Extension of Mining Permit. Any change in a mining permit, including any significant change in mining operations, the mining plan, or the reclamation plan, and any extension in the mining permit approval period, shall be in accordance with a new mining permit application conforming with and approved under this article. Section 1-12.5-28. Suspension of Mining Permit. (a) Grounds. The County Engineer shall suspend any mining permit issued under this article upon determining that the permittee has failed to meet any requirement of this article, or has deviated substantially from or disregarded the terms and conditions of the permit, in a manner that poses an immediate danger to the public health, safety, and welfare. (b) Effect. No mining operation shall be conducted following suspension of a mining permit until the County Engineer determines that the permitee is in full compliance with the requirements of this article and the terms and conditions of the mining permit, and reinstates that permit. -14- ~ (c) Hearing: Notice: Unless the County Engineer has previously reinstated the permit, the permittee under any suspended mining permit shall be provided a hearing at the next regularly scheduled meeting of the Board of County Commissioners. The County Engineer shall notify the permittee of the date, time, and location of such hearing when he imposes the suspension. (d) Confirmation or Rescission. At the hearing, the Board shall consider the evidence presented and shall (1) Confirm the suspension, in which event mining operations shall not be reactivated until the County Engineer determines that the permittee is in full compliance with the requirements of this article and the terms and conditions of the permit, and reinstates the permit; (2) Confirm the suspension and initiate proceedings to revoke the permit; or (3) Rescind the suspension and direct the County Engineer to reinstate the permit. Section 1-12.5-29. (a) Grounds. revoke any mining Revocation of Mining Permit. The Board of County Commissioners shall permit issued under this article upon determining that the permittee has (1) Failed to meet any requirement of this article or any other rule or regulation governing the permitted mining operations; (2) Deviated substantially from or disregarded the terms and conditions of the mining permit; or (3) Misstated, misrepresented, or withheld material facts in the permit application. (b) Initiation of Procedure. Upon recommendation of the County Engineer or upon its own motion, the Board of County Commissioners shall initiate proceedings to revoke a mining ° 436 -15- 500K permit by scheduling a public hearing on the matter and directing the County Engineer to make a report. (c) ~. The permittee shall be provided, by certified mail, notice indicating the date, time, and location of a hearing on the proposed revocation. (d) H_~. At the hearing on the proposed revocation, the Board of County Commissioners shall consider the testimony, submittals, and information presented, and the report of the County Engineer, and shall determine whether there exists any ground for revoking the mining permit. The Board shall require such additional reports as it deems necessary to make its determination. (e) D_~. Within a reasonable time, the Board of County Commissioners shall determine whether to revoke the mining permit. Notification of the decision of the Board shall be mailed to the permittee and filed with the Office of the County Engineer. PART B. CONFLICTING P~OVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, county ordinances, and county resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. -16- PART C. SEVERABILITXANDAPPLICABILITY. If any portion 'of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Florida Department of State, the Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on July 1, 1984. PART F. ADOPTION. After motion and second, the vote of this ordinance was as follows: Chairman Maurice D. Snyder Aye Vice-Chairman R. Dale Trefelner Aye Commissioner E. E. Green ~ Aye Commissioner Havert L. Fenn Aye Commissioner William B. Palmer Aye -17- PART H. CODIFICATION. The provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of such ordinance may be renumbered or relettered to accomplish such intention. PASSED AND DULY ADOPTED this 26th day of June, 1984. BOARD OF COUNTY COFd~ISSIONERS ST. LUCIE COUNTY, FLORIDA ~P~Clerk -18- BOOK ~ DI~I~SI(~D, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and c. orrect coif of a ordinance adopted by the ~oard of County C~dssioners a: a meeting held on the c~F~day of -- 3984. l~x3er Poitras, Clerk of the of St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEWS TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a ...... ...o.~.~.=..~..o.f...h.~.~.,.~ ...... in the matter of ........ Ord±nance 8/+-06 was published in said newspaper in the issues of .......... · .. ~/~/8/+ Affiant further says that the said News Tribune is a newspaner published at Fort Pierce, in said St. Lucie County, Florida, and that the saia- newspa er has heretofore been continuously published in said St. Lucie County, Flori day and ~, each has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the firct.~publication of the attached copy of advertisement; and affiant further~S t~t.he.has neither paid nor promised any person, firm or co or .t!°n ~k ~i~)/l~ate, commission or r f~,-~{ ~ ~- ..... rp a- chi&~sem~...~_.:,~; ..... . ...... e, ......... .e purpose o~ securin~ ,~w-o, uu~r 1~ o~!ca~lon in one sam newspaper. - -;':}{ .::/-"'<, :---,-,,~'"": % ,:;'. -'~2 ..... /)" ".-.--~ ,~ [ ,/./ ,!;;,;; ~...~"o~?~'~.;¢:~r~.,~' ,/ , K,:, ........................ _.~/.~ ~ ~ NOTARY PUBLIC STAT£ OF ROGER Pc:; . :.CLERK ST. LUCi~ C;,, 'FY. FL. 66 ,767 t36 ORDINANCE NO. 84-07 ORDII~I~CB P~S~RIC~ING USE OP PORTION OF GENTIn~. ROAD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 316.008(1) (g), Florida Statutes, authorizes this Board to restrict the use of county roads. 2. The security of the firing range for the Sheriff of St. Lucie County and the security of adjacent private property would be enhanced by restricting the use of that portion of Gentile Road lying north of North St. Lucie River Water Control District Canal No. 49 to the hours between sunrise and sunset on weekdays. 3. The proposed restriction on the use of a portion of Gentile Road would not adversely affect access to adjacent private property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. A~ENDMENT OF ARTICI~ I (IN GENERAL) OF CHAPTER 1-20 TRAFFIC Article I of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding a new Section 1-20-4, to read as follows: Section 1-20-4. Use of portion of Gentile Road restricted. Except as required by the Sheriff of St. Lucie County, the St. Lucie County Road Department, emergency vehicles, or the ~OOK adjacent property owner, use of that portion of Gentile Road extending from North St. Lucie River Water Control District Canal No. 49 on the south to the northern terminus (North St. Lucie River Water Control District Canal No. 48) is restricted to the hours between sunrise and sunset on weekdays. PART B. SEVERABILITYANDAPPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH YHE DEP~l~ OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE This ordinance shall take effect on June 1, 1984, or upon installation on Gentile Road, at or near the point it crosses North St. Lucie River Water Contol District Canal No. 49, of a gate meeting all roadway barricade specifications of the Florida Department of Transportation and any additional requirement deemed necessary by the St. Lucie County Engineer, whichever last occurs. BOOK PART E. ADOPTION After motion and second, the vote on this ordinance was as follows: PART F. Chairman Maurice D. Snyder Vice-Chairman R. Dale Trefelner Commissioner E. E. Green Commissioner Havert L. Fenn Commissioner William B. Palmer CODIFICATION Aye Aye Aye Aye Aye Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section,", "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided however, that Parts B through E shall not be codified. PASSED AND DULY ADOPTED this 15th day of May, 1984. ~OARD OF COUNTY CO~[~ISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: " 432 , 2347 ~OOK ~ ~I~, Clerk of the Board of County Con~issioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a ordinance a.~ted by the ~d Board of County C=~ssioners at a meeting held on the /.~ day of 1984. WI~ m~ hand and the seal of said Board t~%is dayof ~Z~7. , 1984. ~o~er Poitras, Clerk of Board of County C~mmi~io~ers of St. Lucie Co~mty, Florida ~puty Clerk 5001( THE NEVl tRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County. Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personalJy appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a ...... ?.~..z.~ .~..?X~.,..~ ......... in the matter of .......... .o?.d.~.,..~.,?..8..~:.0.7. ....................... was published in said newspaper in the issues of .......... 4/23/84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding theflrat~Publication of the attached copy of advertisement; and affiant furth~ ~gs. t~t h~ has neither paid nor promised any person, firm or corpora- tica~a~'c~bu:nt, rebate, commission or refund for the purpose of securing ~_ ~ ~e~a"g,_~i~ for.publication in the said newspaper. ~"~v¥~n to ancT~:p~i~d before me :, '. Z~rd ~ ;; ~- APR '",,'/°~r~.~l~'~"~-~ ~'~-"'~ ~.'~'~'/- ' I~TARY PUBLIC STATE Of rLORTOA 657480 No. 04442 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucia t. ounty, Florida, will, at its meeting at 9:00 a.m. on Tuesday, May 15, 1984, In Room 101 of the St. Lucle County Administra- tion Building, 2300 Virginia AvenUe, Fort Pierce, Florida, hold a public hear- ing to consider the enact- ment of Ordinance NO. 84- 07, a copy of which Is at- tached hereto and by reference made a part hereof. DATED this loth day of APril, 1984. Clerk of the Board of County Commissioners of St. Lucle County, Florida. PUBLISH: April 23, 1984 ORDINANCE NO. 84-07 AN ORDINANCE RESTRICTING USE OF A PORTION OF GENTILE ROAD WHEREAS, the Board of County Commissioners of St. Lucia County, Florida, has mede the following deter minations: 1. Section 316.008(1)(g), Florida Statutes, authorizes this Board to restrict the use of county. roads. 2. The security of the fir- lng range for the Sheriff of St. Lucle County and the security of adjacent private property would be enhanc-: ed by restricting the u_se of. that portion of Gentile ecoaa ylng north of North St. Lucia River Water Contro District Canal No. 49 to the hours between sunrise and sunset on weekdays. 3. The proposed reStric- tion on the use of a portion of Gentile Road woUld not adversely affect access to adjacent private property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis- sioners of St. Lucie County, F Iorlda: PART A. AMENDMENT OF ARTICLE I (.IN' GENERAL) OF CHAPTER 1-20 TRAFFIC Article I of Chapter 1-20 of the Code of Ordinances of St. Lucia County, Florida; Is hereby amended by ad, ding a new Section 1-20-4, to read as follows: Section 1-20-4. Use of por- tion of Gentile Road restricted. Except as required by the Sheriff of St. Lucia County~ the St. Lucle County Road Department, emergency,!: vehicles, or the ad[acen~ property owner, use of that: portion of Gentile Road ex- fending from North St. Lucie River Water Control District Canal No. 49 on the south to the northern ter~ minus (North St. Lucia River Water Control District canal No. r-'~trlcted fo the houri be~Ji~ ween sunrise and sunset olL~ weekdays. BOOK May 23, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of May 21 and certified copy/ies of St. Lucie County Ordinance/s Nos. 84-7 and 84-8 (a) Certified copy/ies of Ordinance/s relative to: Co un ty which we have numbered (b) which we have numbered This/these ordinance/s has/h.ave been filed in this office on May 23, 1984. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs. F Nancy Kavanaugh Chief, Bureau of Laws FLORIDA~State of the Arts ORDIIg. NCE NO. 84-08 AN ORDINANCE ANENDING CHAPTER 1-9 OF THE CODE OF ORDIHANCE$ OF ST. LUCIE COUNTY, FLORIDA, MAKING IT UNLAWFUL TO THROW, DISCARD, PI. ACE, OR DEPOSIT, OR TO CAUSE TO BE THROWN, DISCARDED, PLACED, OR DEPOSITED GARBAGE, TRASH, JUNK, DEBRIS, OR UNSERVICEABLE VEHICLES IN OR ON PUBLIC I~NDS, PUBLIC WATERS, AND PRIVATE PROPERTY IN THE UNICORPORATED AREAS OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01, Florida Statutes, authorizes this Board to provide regulations that promote the health, safety, and welfare of the people. 2. The health, safety, and welfare of the residents of St. Lucie County will be enhanced by an ordinance generally prohibiting garbage, trash, junk, debris, and unserviceable vehicles from public lands, public waters, or private property within the unincorporated areas of the County. NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of St. Lucie County, Florida: Part A. Amendment of ArtiCle II (Anti-Litter Ordinance) of Chapter 1-9 (Garbage, Trash, and Refuse) Article II of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: BOOK ARTICLE II. Garbage, Trash, Junk, Debris, and Unserviceable Vehicles Section 1-9-16. Definitions. For the purpose of this article, the following words shall have the meaning indicated: ~ means fragments or accumulations of pieces of metal, rubber, plastics, cloth, or any other natural, manufactured, or vegetative matter. ~ means any waste part of food or other discarded animal or vegetable matter subject to bacterial decay. Junk means pieces, parts, or discarded whole units of metal, rubber, plastics, glass, or other objects manufactured from either organic or inorganic materials. Person means any individual, firm, business, partnership, corporation, or unincorporated association. Trash means broken parts of trees, prunings, clippings, or other pieces or fragments of vegetative matter. Unserviceable vehicl~ means any automobile, truck, tractor, motorcycle, boat, or other vehicle that, due to age, wear, and general deterioration, is not in operating condition or does not bear current license plates, except for vehicles having historic or antique value when such vehicles are stored in an enclosed structure. Section 1-9-17. Garbage, Trash, Junk, Debris, or Unserviceable Vehicles in or on Roads or Public Lands. (a) No person shall throw, discard, place, deposit, or cause to be discarded, placed, or deposited any garbage, trash, junk, debris, or unserviceable vehicle in any manner or amount 0~ oo 432 whatsoever in or on any County highway, road, street, alley, thoroughfare, right of way, or on any other County lands in the unincorporated areas of the County, except in containers or areas lawfully provided for the same. (b) The existence of any garbage, trash, junk, debris, or unserviceable vehicle in or on any County highway, road, street, alley, thoroughfare, right of way, or on any other County lands in the unincorporated areas of the County containing evidence of ownership of the same shall be prima facie evidence of intent to violate and of the violation of paragraph (a) of this section by the person whose name appears on such material. Section 1-9-18. Garbage, Trash, Junk, Debris, or Unserviceable Vehicles in or on Public Waters. (a) No person shall throw, discard, place, desposit, or cause to be discarded, placed, or deposited any garbage, trash, junk, debris, or unserviceable vehicle in any manner or amount whatsoever in or on any fresh water lake, river, stream, or tidal or coastal waters in the unincorporated areas of the County. (b) The existence of any garbage, trash, junk, debris, or unserviceable vehicle in or on any freshwater lake, river, stream, or tidal or coastal waters in the unincorporated areas of the County containing evidence of ownership of the same shall be prima facie evidence of intent to violate and of violation of paragraph (a) of this section by the person whose name appears on such material. Section 1-1-19. Garbage, Trash, Junk, Debris, or Unserviceable Vehicles in or on Private Property. (a) No person shall discard, place, abandon, accumulate, or permit or cause to be discarded, placed, abandoned, or accumulated any junked, wrecked, or unserviceable vehicle or the parts thereof on private property in the unincorporated areas of the County unless such vehicle or parts are stored in an enclosed structure or at an authorized junk or auto wrecking yard. No person shall throw, discard, place, abandon, accumulate, or permit or cause to be thrown, discarded, placed, abandoned, or accumulated any junked or unserviceable refrigerator, stove, washing machine, or water heater, or any garbage, trash, junk, or debris on private property in the unincorporated areas of the County except at an authorized junk yard, or at a landfill or other solid waste disposal site that holds a permit issued by the Florida Department of Environmental Regulation pursuant to Part IV of Chapter 403, Florida Statutes. (b) Upon actual notice of a violation of paragraph (a) of this section, the owner, lessee, and tenant of the involved property shall be responsible for abating such violation within a reasonable time, and after such time shall be jointly and severally liable for any continuation of such violation. (c) The existence of any garbage, trash, junk, debris, or unserviceable vehicle in or on any private property in the unincorporated areas of the County containing evidence of ownership of the same shall be prima facie evidence of intent to violate and of violation of paragraph (a) of this section by the person whose name appears on the such material. ~OOK PART B. SEVERABILITY AND APPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE This ordinance shall take effect on June 1, 1984. PART E. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Maurice D. Snyder Vice-Chairman R. Dale Trefelner Commissioner E. E. Green Commissioner Havert L. Fenn Commissioner William B. Palmer Aye Aye Aye Aye Aye o 432 , 2354 t~OOK PART P. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this 15th day of May, 1984. ATTE ST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman ~ ~SI~, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing isa true and correct copy of a ordinance~ a~pted by the ~a~d Board of County C~m~%ssioners at a meeting held on the ./~-~ day of~" 1984. ~ my hand and the seal of said Board this /~-Z~" day of -~ , 1984. B~ger Poitras, Clerk of the Board ~f County Cx~dssi~ers ~f St. Lu¢ie Co,mt-f, Plorida Deputy Clerk ~OOK THE NEW~ TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a ...... ?.,~z..~.~..a.~.~. T.~.,.~' ......... in the matter of ........... o.T.!~.,.~..,.?' .s.??~ ...................... was published in said newspaper in the issues of .......... 4/25/84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore };men continuouslY published in said St. Lucie County, Florida, each day and h~ been enter~as second class mail matter at the post office in Fort Pierce, in sai~I~$~l.~;~ie County, Florida, for a period of one year next pre- cedin'~g'~i~'J~r~ ~jon of the attached copy of advertisement; and affiant furth~e~~.~.. ~_.~ither paid nor promised any person, firm or corpora- tion ~j. sc~:l~;~.~t'e~;L~ommission or refund for the purpose of securing thisi~d~r~~,~, ~ub~a~ion in the said newspaper. Sworn'~l~:~ribe~l ~4ore me ,.-".o ~ ' h %.' ,~'-.:~: APR Thi~ ~ ',~/~ ~' · ' · /72';';:';~'-~''''fi' '- ..... ~'" .. ........... {SEAL} ~;~ ~ Notary ~blic ofl BE the of Or. 1-9 , 04' THE "EI~ TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a ...... ?.u~Z..~.~. ~.a..r.~.n.g. ......... in the matter of ........... 0. y.a.~.n.a..n.?..8..~7.08 was published in said newspaper in the issues of .......... 4/25/84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore ~en continuouslY published in said St. Lucie County, Florida, each day and h~ been en~r~as second class mail matter at the post office in Fort Pierce, in sa~btT~e County, Florida, for a period of one ear next re- cediffg.~"~r~o~J~on ~f the attached copy of advertisemeYnt; and affgnt furth~ ~~.~_~ither paid nor promised any person, firm or corpora- t!on ~[~.i. sc~.t~-~e~!.~ommission or refund for the purpose of securing thisladiP.~r~~r,~ubU~ca%ion in the said newspaper. Sworn t~ ~,~'ribe~ ~ore me (SEAL) ii' / Notary T~blic ~o~[o ~,,u ~_~l[~.~t ~Ns. c,u. IT TN !-~ end 418 follOw'i: ihlll mi or May 23, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your ]etter/s of and certified copy/ies of County Ordinance/s Nos. May 21 St. Lucie 84-7 and 84-8 o (a) Certified copy/ies of Ordinance/s relative to: County which we have numbered (b) which we have numbered This/these ordinance/s has/h~ave been filed in this office on May 23, 1984. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs.)~ Nancy Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts ORDINANCE NO. 84-09 AN ORDIg. Nf2 ADOPTING THE ST. LUCIE COUNT~ ZONING OI~DIHANCE AND OFFICIAL ZONING ATLAS TO GOVERN ALL STRUCTURES AND THE USE OF LAND T~ROUGHOUT THE UNINCORPORATED AREA OF ST. LUCIE COUNTY, FLORIDA W~EREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Article VIII, Section l(f), Florida Constitution, and Section 125.01(1) (h), Florida Statutes, authorizes and empowers this Board to establish, coordinate, and enforce zoning regulations as are necessary for the protection of the public. 2. On May 26, 1981, pursuant to Section 125.01(1) (g), Florida Statutes, and the Local Government Comprehensive Planning Act of 1975, Section 163.3161, 9_~., Florida Statutes, this Board adopted the St. Lucie County Growth Management Policy Plan, to be effective June 15, 1981. 3. Section 163.3194(1), Florida Statutes, requires that all land development regulations enacted or amended shall be consistent with the adopted comprehensive plan. 4. The Comprehensive Zoning Resolution for St. Lucie County, as amended, adopted September 13, 1961, and the corresponding Official Zoning Atlas of St. Lucie County, as amended, are not fully consistent with the St. Lucie County Growth Management Policy Plan and should be superseded by land development regulations that are consistent with the Plan. 5. After notices properly published in the Fort Pierce News Tribune in compliance with Section 125.66(5) (b), Florida Statutes, the St. Lucie County Planning and Zoning Commission held 24 public hearings (on March 3 and 9, 1983; April 7 and 21, 1983; May 19, 1983; June 9 and 30, 1983; July 14, 1983; August 18, 22, and 30, 1983; September 29, 1983; October 6, 12, 13, 19, 20, 26, and 27, 1983; November 2 and 9, 1983; December 14, 1983; and January 5 and 11, 1984) and has submitted to this Board its report and recommendations on the text of a new zoning ordinance and a corresponding official zoning atlas. 6. After notices properly published in the Fort Pierce News Tribune in compliance with Section 125.66(5)(b), Florida Statutes, this Board held 23 public hearings (on March 17, 1983; April 14, 1983; May 5 and 25, 1983; June 16, 1983; July 7, 1983; September 1, 21, and 28, 1983; November 7 and 17, 1983; December 1 and 15, 1983; January 18, 19, and 25, 1984; February 1, 15, and 22, 1984; March 28, 1984; April 4, 1984; May 10, 1984; and May 17, 1984) to consider adoption of the St. Lucie County Zoning Ordinance and corresponding Official Zoning Atlas. 7. The St. Lucie County Zoning Ordinance and the corresponding Official Zoning Atlas set forth regulations that are necessary for the protection of the public. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PAI~P A. ADOPTION OF ~T. LUCIE COU~]T~ ZONI]~G ORDINANCe. The St. Lucie County Zoning Ordinance, consisting of Sections 1.0.000 through 6.2.000, inclusive, is hereby enacted and adopted to govern all structures and the use of land throughout the unincorporated area of St. Lucie County, Florida. PART B. ADOPTION ,~_ OFFICIAL ZONING ATLAS~ The Official Zoning Atlas: consisting of 658 sheets, each of which bears the manual or facsimile signatures of the Chairman and Clerk of the Board of County Commissioners and the seal of the Board, which atlas is described in Section 3.4.000 of the St. Lucie Zoning Ordinance and incorporated therein by reference, is hereby enacted and adopted as a part of that Ordinance, provided, however, that Sheets 1313-S, 1405-N, 1405-S, 1406-N, 1406-S, 1407-N, 1407-S, 1408-N, 1408-S, 1416-N, 1416-S, 1417-N, 1417-S, 1418-N, 1418-S, 1420-N, 1420-S, 1421-N, 1421-S, 1428-N, 1428-S, 1432-N, 1434-S, 2419-N, 2419-S, 3425-N, 3425-S, 3426-N, 3426-S, 3522-S, 3530-N, and 3530-S are not adopted. PART C. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, county ordinances, and county resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILIT~ AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. -PART E. FILING W · THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on July 1, 1984. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Maurice D. Snyder Vice-Chairman R. Dale Trefelner Commissioner E. E. Green Commissioner Havert L. Fenn Commissioner William B. Palmer Aye Aye Aye Aye PART H. CODIFICATION. The provisions of the St. Lucie County Zoning Ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," '"article," or other appropriate word, and the sections of that ordinance may be renumbered or relettered to accomplish such intention. PASSED AND DULY ADOPTED this 17th day of May, 1984. BOARD OF COUN~"~ COMMISSIONEHS ST. LUCIE COUNT~, FLORIDA Clerk ~ ~I(~), Clerk of the Board of County Commissioners of the County and S~ate aforesaid, does hereby certify that the above and foregoing is a true and ~.orrect ~ of a ordinance,_a~pted by the said Board of County Cmmffssioners at a meeting held on the .._/77~_ y of 7/14~ ~984. my hand and the seal of said Board this ~ ~:~ day of , 1984. / l~ger Pottras, Clerk of the Deputy Clerk 434 ST. LUCIE COUNTY ZONING ORDINANCE Adopted: May 17, 1984 Effective: July 1, 1984 434 ~d392 SECTION 1.0.000 GENERAL PROVISIONS Section 1.1.000 Section 1.2.000 Seetion 1.3.000 Section 1.4.000 Section 1.5.000 1.5.100 1.5.200 1.5.300 Section 1.6.000 Section 1.7.000 Section 1.8.000 Section 1.9.000 ~ABLE OF CONTENTS Short Title Authority General Purpose of Policies Purpose and Effect of the Comprehensive Plan Applicability General Application General Prohibition Building Permits Issued Prior to Effective Date Repeal of Prior Provisions Effective Date; Enactment Separability Minimum Requirements 1 2 2 2 SECTION 2.0.000 DEFINITIONS AND INTERPRETATIONS Section 2.1.000 Interpretations Section 2.2.000 Definitions 4 SECTION 3.0.000 LAND USE REGULATIONS Section 3.1.000 Seetion 3.2.000 3.2.100 3.2.200 3.2.300 3.2.400 3.2.500 3.2.510 3.2.520 3.2.530 3.2.800 3.2.610 3.2.620 3.2.630 3.2.640 Zoning Districts Established Regulations of General Applicability Permitted Uses Conditional Uses Accessory Uses and Stmetures Density, Area, Yard and Height Requirements Offstreet Parking and Loading General Provisions Offstreet Parking Offstreet Loading Landscaping and Screening Regulations Purpose Applieabflity General Provisions General Landseaping Requirements 2O 20 20 20 20 21 22 24 24 25 30 31 31 31 31 33 (i) °"434 . d393 i~OOK 3.2.700 3.2.710 3.2.720 3.2.730 3.2.740 3.2.750 3.2.760 3.2.800 3.2.900 3.2.901 3.2.902 3.2.903 3.2.904 3.2.9 05 3.2.9 06 3.2.9 07 3.2.908 3.2.909 Section 3.3.000 3.2.910 3.3.100 3.3.101 3.3.102 3.3.103 3.3.104 3.3,105 3.3,106 3,3,107 3.3.108 3.3.109 3.3.110 3.3.111 3.3.112 3.3.113 3.3.114 3.3.115 3.3.116 3.3.117 signs Purpose Permitted Permanent Signs Permitted Temporary Signs General Provisions Prohibited Signs Permit Exeh~ptions Temporary Uses and Structures Supplemental Regulations Home Occupations Nonconformities Grade of Residential Buildings Filled Land Building Spacing Formula Use of Residential Property for Access Animals in Residential Districts Prohibition of Outdoor Displays in Commercial Zoning Districts B~se Building Line Setback Requirements Mobile Food Vendors Zoning District Purposes and Use Regulations Zoning Districts and Uses AR-1 Agricultural Residential RE-2 Residential Estate-2 RS-2 Residential, Single Family - 2 RS-3 Residential, Single Family - 3 RS-4 Residential, Single Family - 4 RMH-5 Residential, Mobile Home- 5 RM-5 Residential, Multiple Family - 5 RM-11 Residential, Multiple Family - 11 RM-18 Residential, Multiple Family - 18 CN Commercial, Neighborhood CO Commercial, Office CG Commercial, General CT Commercial, Tourist IL Industrial, Light IH Industrial, Heavy IX Industrial, Extraction AG Agriculture 36 36 36 39 41 43 44 45 46 46 47 50 50 50 52 52 52 52 52 54 54 54 56 58 59 6O 61 64 65 66 67 69 71 74 76 79 83 84 3.3,118 3,3.119 3,3.120 3,3.121 3.3.122 3.3.200 Section 3.4.000 U Utilities 86 I Institutional 88 RVP Recreational Vehicle Park 90 PUD Planned Unit D evelopm ent 93 HIRD Hutchinson Island Residential District 108 Administrative Use Regulations for Permitted Uses 116 Official Zoning Arias 116 SECTION 4.0.000 DECISIONMAKING AND ADMINISTRATIVE BODIES Section 4.1.000 4.1.100 Section 4.2.000 4.2.100 4.2.200 4.2.300 4.2.400 4.2.500 4.2.600 4.2.700 Section 4.3.00 4.3.100 4.3.200 4.3.300 4.3.400 4.3.500 4.3.600 4.3.700 Section 4.4.000 4.4.100 4.4.200 118 Board of County Commissioners 118 Powers and Duties 118 Planning and Zoning Commission 118 Powers and Duties 118 Membership: Appointment, Removal Terms, Vacancies and Qualifications 119 Chairman and Vice-Chairman 120 Secretary 120 Office of Development Coordinator 120 Quorum and Necessary Vote 121 Meetings, Hearings and Procedures 121 Board of Adjustment 121 Powers and Duties 121 Membership: Appointment, Removal Terms, Vacancies and Qualifications 122 Chairman and Vice-Chairman 123 Secretary 123 Office of Development Coordinator 123 Quorum and Necessary Vote 123 Meetings, Hearings and Procedures 124 Office of the Development Coordinator 124 Appointment 124 Jurisdiction, Authority and Duties 124 SECTION 5.0.000 ADMINISTRATIVE REGULATIONS Section 5.1.000 5.1.100 5.1.200 5.1.300 5.1.400 126 Procedures of General Applicability 126 Notice 126 Hearing Procedures 127 Site Plan Review 130 Filing of Applications 143 5,1.500 5.1.600 5.1.700 5.1.800 Seetion 5.2.000 Section 5.3.000 5.3.100 5.3.200 5,3.300 5,3.400 5.3.500 5.3.600 5.3.700 Section 5.4.000 5.4.100 5.4.110 5.4.200 5.4.300 5.4.400 5.4.410 5.4.420 5.4.430 5.4.440 5.4.500 5.4.600 5.4.650 5.4.700 5.4.800 5.4.9 O0 Section 5.5.000 5.5.100 5.5.200 5.5.300 5.5.400 Certificate of Zoning CompUanee Sewage CompUanee Building Permit Sign Permit Development Permitted as of Right Amendments to the Ordinar~e and Official Zoning Atlas Purpose Persons Entitled to Propose Amendments Standards of Review Procedures Action by Planning and Zoning Commission Aotion by Board of County Commissioners Time Limitations Conditional Uses General Provisions Persons Entitled to Initiate Applications Standards of Review for Conditional Permits Conditions on Conditional Use Permits Application Procedures Pre-Application Conference Filing Application for Conditional Use Permit Hearing and Action by Planning and Zoning Commission Hearing and Action by Board of County Commissioners Development of an Approved Conditional Use Amendments and Extensions of Conditional Use Permits Existing Conditional Uses Revocation of Conditional Use Permit Expiration of Conditional Use Limitations on Approval for Conditional Uses Variances from Zoning District Regulations General Provisions Standards for Granting Variances Limitations on Variances Procedures for Application (iv) 143 144 144 144 145 145 145 145 145 146 148 148 149 150 150 150 150 151 153 153 153 154 155 155 158 158 158 158 159 160 160 160 161 161 434 , d396 5,5.500 5,5,600 Section 5.6.000 5.6.100 5.6.200 5.6.300 5.6.400 5.6.500 5.6.600 Action of Board of Adjustment Appeals from the Board of Adjustment Appeals Authority Persons Entitled to Initiate Appeal Procedures Effect of Filing an Appeal Hearing by Board of Adjustment A@peals from Board of Adjustment 162 162 163 163 163 163 163 163 164 SECTION 6.0.000 ENFORCEMENT Section 6.1.000 Section 6.2.000 Civil Enforcement Criminal Penalties 165 165 165 " 434 , d397 50OK' (v) LIST OF FIGURES Figure 1 Figure 2 28 (vi) °" 434 BOOK ~LIST OF TABLES Table 1: Lot Size and Dimensional Requirements Table 2: B~se Building Line Information 23 53 ~434 ~,~d399 (vii) SECTION 1.0.000 GENERAL PROVISIONS S~etion 1.1.000 ~ This ordinance shall be known, referred to and recited as the St. Lueie County Zoning' Ordinance. Section 1.2.000 This Ordinance is adopted pursuant to Article VIII, Subsection l(f) of the Florida Constitution, Section 125.01, et sea_., Florida Statutes, and Section 163.3161, et if. il., Florida Statutes. Section 1.3.000 GENERAL PURPOSE AND POLICIF. q The St. Lueie County Zoning Ordinance is related to, based on, consistent with, and adopted to effectuate and implement the policies of the St. Lueie County Growth Management Policy Plan pursuant to Section 163.3201, Florida Statutes, in order to preserve, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare; encourage the most appropriate use of land, water, and resources; preserve and enhance the value of land and the character and stability of residential, agricultural, commercial, and industrial areas; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing, and other services; and to conserve, develop, utilize, and protect the natural resources within the County. Section 1.4.000 PURPOSE AND EFFECT OF THE COMPREHENSIVE PLAN The St. Lucie County Growth Management Policy Plan (Comprehensive Plan) is a statement of the policies to guide and implement future land development decisions within the County. In addition, the policies adopted in the Comprehensive Plan are intended to provide and shall serve as a framework for the Board of County Commissioners, the Planning and Zoning Commission, the Board of Adjustment, and the Development Coordinator to review and decide applications for amendment to the Official Zoning Atlas, applications for amendment to the text of the Ordi- nance, applications for Planned Unit Developments, applications for variances, applications for conditional use approval, site plans, and any other application required by the Ordinance. Therefore, all actions taken in regard to amendments to the Official Zoning Atlas, amendments to the text of this Ordinance, applications for Planned Unit Developments, applications for variances, applications for conditional use approval, site plans, and any other application pursuant to this Ordinance shall be consistent with the policies and provisions of the Comprehensive Plan. -1- 434 ~00~ Section 1.5.000 APPLICABILITY 1.5.100 General Ap_pllention This Ordinance shall apply to all structures and the use of land throughout the unincorporated area of St. Lucie County, Florida. Existing structures and uses that are inconsistent with the provisions of the Ordinance shall be permitted only as provided for in Section 3.2.902 of this Ordinance. All applications filed pursuant to this Ordinance shall be required to meet the requirements of this Ordinance which are in effect on the date of final decision on the application. 1.5.200 C,~ne~'d Prohibition It shall be unlawful for any person to carry out any development that is incomistent with the requirements of this Ordinance and the Comprehensive Phn. 1.5.300 Bufldin~ Permits Issued Prior to Effective Date This Ordinance shall not affect lawfully issued building permits, or Site Plans, provided that the building permit or Site Plan is not nllowed to expire. Section 1.6.000 REPEAL OF 'PRIOR PROVISIONS The following ordinances and provisions are hereby repealed as of the effective date of this Ordinance: the Comprehensive Zoning ReSolution of St. Lueie County. Section 1.7.000 EFFEC~rIVE DATE: ENACTMENT This Ordinance shall become effective on July 1, 1984. When any later provision of this Ordinance is amended, however, the effective date of this Ordinance means the effective date of such amendment for the purposes of deciding any question direetiy controlled by such amendment. ~eetion 1.8.000 SEPARABILITY If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall for any reason be held to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of this Ordinance, which shall continue in full force and effect; it shall be construed that it is the legislative intent to adopt this Ordinance without the unconstitutional, inoperative, or void section, subsection, paragraph, sentence, clause, or phrase. -2- 0 434 BOOK Furthermore, if any provision of this Orclinanee is held uneomtitutional, inopera- tive, or void ss applied to any person or property, such decision shall not apply to any other person or property. Section 1.9.000 MINIMUM REOUIREMENT~; The provisions of this Ordinance are the minimum requirements necessary to ac- complish the purpose of this Ordinance. SECTION 2.0.000 DEFINITIONS AND INTERPRETATIONS S~etion 2.1.000 IN TE RP RETATI ON This Ordinance shall be construed liberally to effect the purposes thereof, and the rules of this section shall be observed except when the context clearly requires otherwise: Words used or defined in one tense or form shall include other tenses or derivative forms. (2) Words in the singular shall include the plural and words in the plural shall include the singular. (3) The masculine gender shall include the feminine and the feminine shall include the masculine. (4) (5) (6) The particular shall control the general. The words "should" or "shall" or "will" are mandatory. The word "may" is permissive. (?) (8) In the event of a conflict between the text of this Ordinance and any caption, illustration, table, or map, the text shall control. The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (9) The word "erected" also inclUdes constructed, reconstructed, altered, placed, or relocated. Seetion 2.2.000 When used in this Ordinance, the following terms shall have the meanings herein useribed to them. (1) Accessory Use: A structure or use that: (a) is subordinate to and serves an existing principal building or principal use; (b) is subordinate in area, extent, and purpose to the principal structure or principal uae served; (2) (c) contributes to the comfort, convenience, or necessity of the occupant, business, or industry in the principal structure or use; and, (d) ia located on the same lot as the principal structure or use. ~,g~aal~lt~: A paved or unpaved area intended to provide ingress or egress of vehicular or pedestrian traffic from a public or private right-of-way or easement to an offstreet parking, loading, or similar area. 434 BOOK (3) Adult EstRhlL~hmenf: An establishment that is (a) an adult bookstore - an establishment having as a substantial portion of its stock in trade books, mnga~.ines, and other periodieais that are dis- tinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified anatomical areas," as defined below; (b) an adult dancing establishment - a bar, lounge, club, or other establish- ment that features as part of the regular entertainment tupless or bottomless dancers, strippers, whether male or female, or similar enter- tainers whese acts are distinguished or characterized by an emphasis on matters depicting, describing, or relating to "specific sexual activi- ties" or "specified anatomical areas," as defined below; (e) an adult massage parlor - a place in which "specified anatomical areas," as defined below, of one person are touched by rubbing, stroking, kneading, or tapping by another person who is an employee, accompanied by the display or exposure of "specified anatomical areas," as defined below, but not including licensed health care facilities, licensed physi- eiarm or nurses engaged in the practice of their professions, establish- ments registered under Chapter 480, Florida Statutes, educational athletic facilities if the massage is a normal and usual practice in such facilities, health clubs and athletic clubs if the massage is incidental to or a normal part of the health and athletic activities, except places in which sexual intercourse takes place; an adult motel/hotel - a hotel or motel presenting, by means of elesed circuit television, motion pictures, or other material having as a dominant theme or distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons of such establishment; or (e) an adult motion picture theatre or drive-in - an enelesed building or open-air establishment in which the substantial portion of the material presented is distinguished or characterized by an emphasis on matter dopieting, describing, or related to "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons of such establishment. (4) Advertisir~_ Structure: A sign or sign structure erected or intended for advertising purpeses, with or without an advertisement displayed thereon, situated upon or attached to real property. (5) A~rieultural Lanck Land with soil, climate, water and topography so interre- la-ted that, if prudently managed to protect its natural qualities, is favorable for the production of adapted crops. ikllP~: A minor right-of-way privately or publicly owned, primarily for service access to the back or sides of properties. (7) /~I~.L~I..~JF~: A sign that depicts action or motion or that changes color; an animated sign differs from a flashing sign in that it uses movement to create a special effect or scene. '434 , d404 - 5- BO0{~ (8) (9) (lO) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) Arterial Street: A route providing service that is relatively continuous and of a relatively high traffic volume, long average trip length, and high operating speed. Attraction Board: A sign upon which characters, letters, or illustrations can be changed or rearranged manually on a periodic basis, without altering the face of the sign, to advertise special sales or other special events. ~IIP~: A sign made of cloth, fabric, paper, non-rigid plastic, or similar material. B~lbo~d: See "Off-Premises Sign." Boerd of Adfustment: The St. Lueie County Board of Adjustment. Boarding House: Any dwelling in which more than two (2) persons are lodged on a continuing basis and served meals for compensation. Board of County Commissioners: Commissioners. ~ne St. Lucie County Board of County Buffer: An area that is established in order to protect or insulate one (1) land us~ from another use. ~: Any structure, including a roof supported by walls, designed or built for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind, that is erected for permanent location on the ground. A manufactured building shall be considered a building for the purposes of this Ordinance. A mobile home shall not be considered a building for the purposes of this Ordinance. Buildin~ Permit: See Section 5.1.700. Bu~: The size of buildings or structures, and their relationships to each other and to open areas. The term is intended to include: (a) the size of buildings or other structures; (b) the area of the site upon which a building or structure is located, and the number of dwelling units or rooms within such building in relation to the area of the site; (e) the location of exterior walls of buildings or other structures; and (d) open areas relating to buildings or other structures and their relation- ship thereto. ~;.illlr. t: A canopy, rooflike structure, or shed, open on two (2) sides, three (3) sides or four (4) sides, whose purpose is to provide shelter for one or more motor vehicles. Certificate of Zoning_ Compliance.: See Section 5.1.500. -6- "434 BOOK (21) Chumh: A building in which persons regularly assemble for rel~ious worship, and that is maintained and controlled by a religious body organized to sustain public worship. (22) Collector Streets: A route providing service that is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. (23) ~ A parcel of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in the development. (24) Comoreher~ive Plato St. Lueie County: Management Policy Plan. The St. Lucie County Growth (25) Conditional Use: A use that is generally compatible with the use charac- teristics of a Zoning District, but that requires individual review of its location, design, and configuration in accordance with Section 5.4.000 to determine the appropriateness of the use on any particular site in the dis- trict. (26) Congregate Care Facility: A private home, boarding home, residence, home for the aged, or other place whether operated for profit or not, that undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing, food, service, and one or more personal services for persons not related to the owner or administrator by blood or marriage and who require such services. For the purpose of this ordinance, a Congregate Care Facility shall include only those facilities that are licensed by the Florida Department of Health and Rehabilitative Services, including foster homes. (27) Construction Offices: A building used on a temporary basis on the site of a construction project, as an office for the contractor. (28) Construction Proieet Si~n: struetion project. A temporary sign identifying an active eon- (29) (3O) Density. Gross: The number of dwelling units located on an area of land, divide~'by the entire area of the development including lots, streets, and other development associated with the dwelling units. In caloulating density, only those lands that lie above the elevation of mean high water (M.H.W.) shall be considered. In determining the elevations above or below M.H.W., man-made changes in the topography, subsequent to the effective date of this Ordinance shall be ignored. If a parcel of land is divided by a public right- of-way or zoning arias boundary, it may, at the owner's discretion, be considered to be one (1) parcel for the purpose of determining gross density. D.e~/lLv~--l/.~: The number of dwelling units located on an area of land, divided by the area of the lot or parcel (excluding streets and other development aasoeiated with the dwelling units). In calculating density, only those lands that lie above the elevation of mean high water (M.H.W.) shall be considered. In determining the elevations above or below M.H.W., man-made changes in the topography subsequent to the effective date of this ordinance shall be ignored. ,,434 BOOK -7- (31) ~-' See "Ground Sign." (32) Develooed A~ea: That portion of a lot or parcel upon which a building, structure, pavement, gravel, landscaping, or other improvements have been placed. (33) Develooment Proieat S'~gn: See "Subdivision Sign." (34) ~: Any person, including a governmental agency, undertaking any development as defined in this Ordinance. (35) ~: The carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land. (36) Develonment Coordinator: The head of the Office of the Development Coordinator, who shall be appointed to serve at the pleasure of the Board of County Commissioners. (37) Directional Sign: A sign giving directions to a vehicular use area, which shall include only the words "enter," "exit," "parking," directional arrows, and business logos. (38) Directional Si~n: Public: A sign erected by a governmental agency, to denote the name of any thoroughfare; to point out the route to any city, educational institution, public building, public place, historic place, hospital, or park; to direct and regulate traffic; or to denote any railroad crossing, bridge, or other transportation facility. (39) Double-faced Si_~l: A sign with two (2) faces. (40) Drive-Throuah Service: A structure in which a customer is permitted or en- couraged, e{ther by design of physical facilities or by service or packaging, to enter into the service area when seated in the motor vehicle. (41) ~: Any building or structure or portion thereof, that is designed for or used for residential purposes. (42) D_~: A self-sufficient dwelling that is designed for or used as a residence by a single housekeeping unit. (43) Dwelling_. Multiple Family: A building containing four (4) or more dwelling units, designed to be occupied by four (4) or more families living indepen- dently of each other, each as a separate housekeeping unit. (44) Dw~_llir~__. Detached Single Family: An individual dwelling unit located in a building that is not physically connected to any other dwelling unit and that is designed to be occupied by no more than one family, living as a separate household unit. The Board of County Commissioners shall determine that a Class A Mobile Home meets the definition of a detached single family dwelling unit upon the demonstration by the applicant that the exterior dimensions, the exterior 434 BOOK -- 8 -- walls, and the roof of the Class A Mobile Home is similar to that of a detached single family dwelling unit. In determining whether a Class A Mobile Home meets the definitions of detaehed, single family dwelling unit, the Board of County Commissioners shall eonsider the exterior dimensions, the exterior finish of the roof and walls, and the skirting of the mobile home. Before a Class A Mobile Home will be defined as a detached single family dwelling unit, the Board of County Commissioners must determine that: (b) (e) Minimum Width of Main Body The minimum horizontal dimension of the main body of the mobile home as assembled on the site is not less that twenty (20) feet, as measured across the narrowest portion, except that in the AR-1 or AG Zoning District, no minimum horizonta2 dimension shall apply. Minimum Roof Piteh~ Minimum Distance_. Eaves to Rid~re The pitch of the main roof is not less than one (~) foot of rise for each four (4) feet of horizontal tun and the minimum distance from eaves to ridge is one-half (3) the minimum horizontal dimension, Roofin~ MateriRL~ The roofing material used is similar in texture, color and appearance to that of detached single family dwelling units in the same Zoning District in which it is to be located. (d) Exto_rior Finish: Lhtht R~fl~etiol~ The materials used for the exterior finish and skirting are similar in texture, color, and materials to detached single family dwelling units in the same Zoning District in which it is to be located, and are applied in sueh a manner as to make the Class A Mobile Home similar in appearance with surrounding detached single family dwelling units. Reflection from the exterior shall not be greater than from siding coated with elear, white, gloss exterior enamel. Any person desiring to have a Class A Mobile Home defined as a detached single family dwelling unit by the Board of County Com- missioners shall submit an application to the Development Coordinator, accompanied by a non-refundable application fee as established from time to time by the Board of County Commissioners to defray the costs of processing the application. The application shall include the follow- ing information: (i) The applicant's name and address. (ii) Legal description, street address, lot number and subdivision name, if any, of the property upon which the Class A Mobile Home is to be located. (iii) Statement of Ownership. (iv) Size of the subjoct property in square feet and acres. (v) Statement describing the type and dimensions of the Class A Mobile Home proposed to be located on the property. (vi) Elevations and photographs of all sides of the Class A Mobile Home proposed to be located on the property. -9- ° 434 . d405 600K (viO (viii) (x) (xi) (xii) (xiii) A statement describing the exterior dimensions and roof slope of the Class A Mobile Home proposed to be located on the Property. A description of the exterior finish of the Class A Mobile Home, including exterior walls and roof. A description of the skirting materials to be used. A description of the dimensions of the Class A Mobile Home. Proof that the Class A Mobile Home has met the Mobile Hemes Construction and Safety Standards of the U.S. Department of Housing and Urban Development, and the standards of Section 320.823, Florida Statutes. A site plan drawn to scale illustrating the proposed use and including the following: a. Lo~ation of the property by lot number, block number and street address, if any. b. The location of trees of four (4) inches diameter or ~reater, other natural features of unique or significant eharaeter, and proposed landscaping. e. The location and dimensions of all proposed lot and yard requirements. d. The location of the proposed Class A Mobile Home on the property. A schematic design of the Class A Mobile Home showing the roof, skirtings, and other improvements. Within twenty (20) days after an application has. been submitted, the Development Coordinator shall determine whether the application is complete. If the Development Coordinator determines the applieatiou is not complete, he shall send a written statement specifying the applica- tion's deficiencies to the applicant by mail. The Development Coordin- ator shall take no further action on the application unless the deft- eieneies are remedied. When the Development Coordinator determines the application is eom- plete, he shall review the application, make a recommendation and notify the Planning and Zoning Commission that the application is complete. Upon notification of the completed application requesting a deter- ruination that a Class A Mobile Home meets the definition of a detached single family dwelling unit, the Planning and Zoning Commission shall place it on the agenda of a regularly scheduled Commission meeting for a public hearing in accordance with the requirements of Section 5.1.100. The public hearing held on the application shall be in accordance with Section 5.1.200. In reviewing and recommending whether the Class A Mobile Home meets the definition of a detached single family dwelling unit, the Planning and Zoning Commission shall eonsider the standards in this subsection. Within a reasonable time of the conclusion of the public hearing, the Planning and Zoning Commission shall make a recommendation as to whether the application meets the definition of a detached single family dwelling unit in the form speeified in Section 5.1.200(5). Upon receipt of the recommendation of the Planning and Zoning Commiasien, the Board of County Commissioners shall place the opplieation requesting a - . Ell09 (45) (46) (47) (48) (49) determination that the Class A Mobile Home meets the definition of a detached single family dwelling unit on the agenda of a regularly scheduled meeting of the Board of County Commissioners for a public hearing in accordance with the requirements of Section 5.1.100. The public hearing held on the application shall be in accordance with Section 5.1.200. In determining whether the Class A Mobile Home meets the definition of detached single family dwelling unit, the Board of County Commissioners shall consider the recommendation of the Planning and Zoning Commission and the standards of this subsection. Within a reasonable time of the eonelusion of the public hearing, the Board of County Commissioners shall determine whether the Class A Mobile Home meets the definition of a detached single family dwelling unit in the form specified in Section 5.1.200(5). Notification of the Board of County Commissioners' decision shall be mailed to all parties and filed with the Office of the Development Coordinator in accordance with Section 5.1.200(6). Dwellirur. Three Family: A building containing three (3) dwelling units, designe~' to be occupied by three (3) families living independently of each other, each as a separate housekeeping unit. Dwelling~ Two Family: A building containing two (2) dwelling units designed to be occupied by not more than two (2) families living independently of each other, each as a separate housekeeping unit. Easement: A right given by an owner of land to another person for specific limited use of that land. Eouipment Shgd: A structure erected on a construction site to shelter equipment and tools used in construction activities on that specific eon- struetion site. Facade: See "Wall Face." (50) (51) (52) (ss) (54) JF. aIIlJiX: One or more persons occupying a single housekeeping unit, provided that unless all members are related by blood or marriage, no such family shall contain over six (6) persons, and provided further that such family may include gratuitous guests and domestic servants. ~: Any sign utilizing a continually intermittent or sequential flashing light source. See "Wall Sign." Freestanding S'_m~: See "Ground Sign." The length of a lot that fronts on a public street. - 11 - " 434 , d410 BOOK (55) (56) (57) (58) (59) (60) (61) (62) ~: The offering for sale of ten (10) or more items of used per- sonal property from any residential real property. Governmental (a) The United States or any department, commission, ngeney, or other instrumentality thereof; (b) The State of Florida or any department, commission, agency, or other instrumentality thereof; (e) Any county or municipality; or (d) Any school board or other special district. Grade: The average level of the finished surface of the ground adjacent to the exterior wall of a building or structure. ~ Low growing plants planted in such a manner as to form a continuous cover over the ground. i}~Ja{~3d..~{~ A sign permanenUy affixed to the ground, either flush or on poles, and not attached for support to any building, which may include a reader board. Also called a "Detached", "Pole", or "Freestanding" sign. {/gJghI: The vertical distance between grade and the highest finished main roof surface in the case of flat roofs or a point at the average height of roofs having a pitch of more than one (1) foot in four and one-half (4{) feet. Home OeeupatioIl: A business, profession, occupation, or trade conducted within a residential building for gain or support by a resident of the dwelling that is incidental and secondary to the residential use of the building and does not change the essential residential character of the use. See Section 3.2.901. ]~: Any building housing a medical institution designed, equipped, and staffed to receive two (2) or more persons for diagnosis, treatment and other health services under the supervision of a medical doctor for periods con- tinuing twenty-four (24) hours of a day. (63) (64) (65) (66) (67) IiIIIL~IZ~iI~: A building in which lodging is provided or offered to the public for compensation. Illuminated S~n: Any sign designed to emit artificial light or designed to reflect light from one or more sources of artificial light. Impermeable Surface: Any material applied to the surface of land that inhibits the natural infiltration or passage of water into the ground. L~d: The earth, water, and air above or on the surface, including any improvement or structure customarily regarded as land. L~d Use: The development, activity, or use that has occurred on the land, or the development that is proposed by a developer on the land. °"434 - 12- ~OOK (68) (69) Level of Service 'C": A defined operating condition on an urban or suburban roadway when it is accommodating certain traffic volumes, i.e., average overall travel speed between 20 - 25 m~o.h., intersection load factor less than or equal to 0.7, likely peak hour factor less than or equal to 0.9, and service volume - capacity ratio less than or equal to 0.8. Lot: A parcel of land occupied or intended for occupancy by a use that includes or will include at least one structure together with any accessory structure, yard, open space, buffer area, or parking spaces required by this Ordinance. (70) /~t._~d~!l~: A lot situated at the junction of two (2) or more publle rights- of-way. (71) (72) Lot. Coverage: The total horizontal ground area of a lot covered by all buildings or structures on the lot not open to the sky. ]~;~]~9~1_.~: The average horizontal distance between the front lot line and the rear lot line. (73) (74) (75) (76) I~: The distance between straight lines connecting the front and rear lot lines at each Side of the lot, measured across the front of the required front yard. The boundary of a lot. ~: A lot platted in accordance with the subdivision regulations of St. Lucie County after the effective date of this Ordinance. ~.~: A lot that is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel whose boundaries are definitely described, the description of which has been so recorded prior to the effective date of this Ordinanee. (77) (78) (79) (80) (si) Manufactured Building: A structure, building assembly, or system of sub- assemblies, approved by and bearing the insignia of approval of the Florida Department of Community Affairs, or its successor agency, pursuant to the provisions of Part IV of Chapter 553, Florida Statutes. No mobile home, whether complying or not complying with mobile home construction standards promulgated by the United States Department of Housing and Urban Development or required by the State of Florida shall be considered a manufactured building for the purpose of this Ordinance. Mean High Water (M.H-W.): nineteen year period. The average height of the high tides over a ]~tr. Qt~: A hood, awning or canopy of permanent .construction that projects from the wall face of a building. sign attached to or part of a marquee. ~: An electronically changeable sign upon which graphic displays, symbols, or words can be varied upon the face or faces of the sign to display time, temperature, public service, or other general information. -"- ° 434 5001( (82) (83) (84) (85) (86) (87) (88) (89) (90) (91) (92) (93) Mobile Food Dis~ensinff Vehicle: Any food service establishment that is self propelled or otherwise moveable from place to place, that is self contained and does not use electrical or other utility connections of any kind, in which food is prepared and/or dispensed, and that complies with all applicable re- quirements set forth by the Florida Department of Business Regulation, Division of Hotels and Restaurants, or its successor agency, including but not limited to those regulations set forth in Rule 7C-4.03, Florida Administrative Code. ~: Any residential unit constructed to standards as promulgated by the United States Department of Housing and Urban Development, or its successor agency. Mobile Home. Class A: A mobile home certified to be in conformity with the Mobile Home Construction and Safety Standards of the United States Depart- ment of Housing and Urban Development, or its successor agency, and the standards of Section 320.823, Florida Statutes. Mulch: Non-living small aggregate materials such as gravel, rock, pebbles, bark, or pine needles, used as a ground cover. ~: A sign indicating the name or address of the occupant or resi- dent of the dwelling unit to which it is attached. Newspaper of General Circulation: A newspaper published at least on a weekly basis; it does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away pti- marily to distribute advertising. Non-Conforming Lot of Record: A platted lot or lot of record that does not comply with the lot size requirements of this Ordinance. Non-Conformin_ff_ Structure: Any lawfully existing structure or building on the effective date of this Ordinance that does not comply with all of the provisions of this Ordinance, provided however, that the failure to meet minimum lot size, width, or setback requirements shall not render a structure non-eon forming. Non-Conformin_~_ Use: Any use lawfully being made of any land, building, or structure on the effective date of this Ordinance that does not comply with the provisions of this Ordinance. ~: An institution, public or private, that provides twenty-four (24) hours of nursing care for three (3) or more unrelated individuals. Off-Prem/ses SigIl: A sign that advertises a use, establishment, product or service sold, produced, manufactured, or furnished at a place other than on the real property on which said sign is located. An Off-Premises Sign is also call an "Outdoor Advertising Sign" or ~Bil]board." Offstreet Parking_: Any area except a public right-of-way, used for the purpose of parking, storing, or display of vehicles, boats, trailers, and mobile homes, including used ear lots and other open lot uses. - 14- BOOK (94) (95) (96) (97) (98) (99) (loo) (lOl) (lO3) (lo4) (lo5) (lo6) (lo?) (lO8) On-Premises S'_t~n: A sign that advertises or directs attention to a use, establishment, product or service located or available on the same premises. {~.gD_~qi~.' Any pared or area of land or water that is set aside, open and unobstructed to the sky, and designated or reserved for public or private use or enjoyment. The St. Lueie County Zoning Ordinance. Outdooc Advertisin~ S'_~rn: See "Off-Premises Sign." wall extension above the roof line. Pared of Land: Any contiguous quantity of land capable of being described with such definiteness that its locations and boundaries may be established, that is designated by its owner or developer as land to be used or developed as a unit, or that has been used or developed as a unit. If such a parcel of land is divided by a right-of-~vay or zoning boundary it may be considered to be one (1) parcel by the owner. · P.~.J/J~._a~2ai~: An area designated for temporary storage of a motor vehiele. Pedestrian S'_m'll: A sign that is attached to the underside of a cantilevered roof, portieo, or overhang, that extends from the wall face of an establishment or use, and that eovers a pedestrian passageway. Permanently Attached: Affixed by foundations, poles, braces or other im- movable structural means to the ground or to a building or structure. Signs manufactured or intended for portable use and affixed to the ground by ropes, chains, cables, weights, or other means deemed non-structural by the Development Coordinator shall not be deemed to be permanently attached. Persoq: An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal entity. P.0J~.~SigA: A ground sign that is supported by one or more poles, posts, columns, or other extensions from grade level. ~.0~: A temporary sign advertising a candidate for public office, a political party, or a measure or issue scheduled for an election. P.~: A movable sign not permanently attached to the ground. It may include "trailer," "sidewalk," or "sandwich" signs. ~: Any area designated for landseape planting having a minimum area of ten (10) square feet and at least one dimension of any side of three (3) feet; wherever a tree shall be planted, planting area shall mean a mini- mum area of twenty-five (25) square feet, with a minimum dimension of at least five (5) feet. Real Estate Skf_n: A temporary sign indicating that the lot on which the sign is located, or any building or structure loeated thereon, is for sale, rent, or lease. This definition shall not include Rooming House signs. - 15 - BOOK (109) (110) (111) Recreational Vehicle: Any vehicle-type unit primarily designed as temporary Living quarters for recreational, camping, or travel use and that either has its own mode of power or is mounted on or propelled by another vehicle as defined in Section 320.01, Florida Statutes. ~: Any establishment that serves prepared food and beverage for consumption on the premises. Such establishment may include entertainment which is incidental to the food service character of the use. Retail Sales and Service Establishments: commodities to ultimate consumers. The sale of consumer goods and (112) (113) ]~,JlL-~f~: Land dedicated or deeded on which facilities such as roads, railroads, canals, utilities, and other similar uses exist or may be constructed. ]~: See "Street." (114) (115) (116) ]~: Any sign fastened to the roof of a building. Rooming House,: Any dwelling in which more than two (2) persons are lodged on a continuing basis, without meals, for compensation. Service Statiorl: Any building, structure or land used primarily for the sale of motor fuels or oil at retail direct to the customer, including the supplying of accessories, parts and services essential to the normal operation of automobiles. (117) (118) (119) (120) ~hl3Ai~: Any living self-supporting woody evergreen plants, other than a tree, normally grown in St. Lucie County. Sidewalk or Sandwich Sign: See "Portable Sign." ~Jgll: Any exterior identification, description, illustration, or device that directs attention to a product, service, place, activity, person, establishment, institution or business, or any emblem, painting, banner, pennant, placard, or temporary sign designed to advertise. (a) Ground and Projecting Signs: The entire area within and enclosed by the exterior perimeter of all cabinets or modules within a single, continuous geometric figure, including but not limited to all written copy, logos, symbols, decorative embellishments, and border or roof treatments. This shall include all open space separating said cabinets or modules. (121) (b) Wall Signs: The entire area within a single, continuous geometric figure that encloses the extreme limits of all sign elements affixed to the wall, including but not limited to cabinet structures, written copy, logos, symbols, and illustrations. F~.Jl_ggr~: The part of a sign that is or may be used for advertising pur- poses. °"434 , d415 - 16 - BOOK (122) (12S) (124) (125) (126) (127) (128) (129) (130) See Section 5.1.800. · 3ilIP.~AI: A small sign of any material, including but not limited to paper, carcboard, wood or metal, that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences, or other objects, and whose ad- vertising matter appearing thereon is not applicable to the premises upon which said sign is located. S~o~e. iai Event S~q: A sign that eR]l~ attention to a business grand c~ening, civic event or meeting, or other similar activity of a temporary nature. Soecified anatomical areas-- Less than opaquely covered (a) human genitals; (b) human pubic region; (c) human female breasts below a point immediately above the top of the areola; human male genitals in discernible turgid state, even if completely and opaquely covered; and (e) human buttocks. Sneeific~l sexual activities: Human genitals in the state of sexual stimulation or arousal; acts of human adamitism, anilinetus, bestiality, eoprophilia, eun- nilingus, fellatio, flagellation, frottage, hyphephilia, masochism, masturbation, sadism, sadomasochism, sexual intercourse, sodomy, or urolagnia; and fondling or other erotic touching of human genitals, human pubic region, or female breasts. ~: Public ways that have been set aside by dedication, deed, or condemnation for public use or that have become a public way by prescriptive use, without regard to maintenance responsibility, but not including easements. Structure: Anything eenstrueted or installed, the use of which requires location on a parcel of land. It does not include a movable structure, even when it is located on ]and that can be used for housing, business, eom- mereial, agricultural, or office purposes. "Structure" also includes fences, biUboards, swimming pools, pipelines, tracks, and signs. Structures should meet Standard Building Code requirements and be permanently affixed. Subdivision Sig_q: A temporary, single, or double-faced ground sign eRlling attention to the presence of an existing land subdivision or development in which lots or units are actively being sold or marketed, and located on the same tract of land as is the subject of the sign. Temporary Sig_n: A sign, that advertises for a limited period of time political eanc~idates, parties, or issues; a building under construction; real estate for sale, rent, or lease; business grand openings~ or other special events. - 17- °"434 , 1416 500K (131) (132) (133) (134) (135) (136) (137) (136) (139) (140) (141) (142) (143) Tempora~ Usc: A use that does not involve the construction or alteration of any permanent structure and that is established for a fixed period of time with the intent to discontinue such use upon the expiration of the established time period. See Section 3.2.800. 2~llXP, g.~r.~l~j A vehicular portable structure not exceeding thirty-six (36) feet in length designed for travel, recreational, and vacation uses. Tree.- Any living self-supporting woody plant or species that normally grows to an overall height of at least fifteen (15) feet having an average mature spread of crown of greater than fifteen (15) feet in St. Lueie County. 2~[~gA;[_~J~: A sign with three (3) faces, oriented back-to-back so as to form a triangle. ~ A licensed or unlieensed advertising structure mounted on skids, wheel, or wheels and constructed for the sole purpose of advertising. Use-' The purpose for which land, structures, buildings, or signs are designed, arranged, and erected. Y.~: A mechanism that can mitigate special hardships created by the literal enforcement of the dimensional requirements of Section 3.0.000 of this Ordinance, if the applicant meets certain requirements set down in this Ordinance. See Section 5.5.000. Y. eAl/~Al]a~._~i~ A sign affixed to a vehicle or trailer for the purpose of advertising. For the purposes of this Ordinance, such signs shall only be applicable when said vehicle or trailer is temporarily or permanently located on a paroel for the primary purpose of conveying a business message. The entire building front including the parapet. ~: A sign erected parallel to the outside wall facade of any build- ing, including fiat, painted, individual letter, or cabinet signs. Y~d: An open space at grade between a building and the property lines of the lot on which the building is located, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. .~t~/l~.~: A yard extending across the front of a lot, between the side lot lines and front property line, and being the minimum horizontal distance between the front property line and the front of the main building or any projections thereof. XJh2/1,_]{~: A yard extending across the rear of a lot between the side lot lines and the rear property line, and being the required minimum horizontal distance between the rear property line and the rear of the main building or any projections thereof. On all lots the rear yard shall be at the opposite end of the lot from the front yard. - 18 - °"434 , d417 bOOK {144) ~{[Ar, tl,~: A yard between the main building and the side line of the lot, extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side property line and the side of the main building or any projeetiorm thereof. - 19 - "434 . d418 I~OOK SECTION 3.0.000 LAND USE RRGULATION~ Section 3.1.000 ZONING DISTRICTS ESTABLISHED In order to carry out the goals and policies of the St. Lueie County Compre- hemive Plan and the purpeses of this Ordinance, the following Zoning Districts are hereby created: (1) AR-1 (2) RE-2 (3) RS-2 (4) RS-3 (5) RS-4 (6) RMH-5 (7) RM-5 (S) RM-11 (9) RM-18 (lO) CN (11) CO (12) CG (13) CT (14) .IL (15) IH (16) IX (17) A~ (18) u (19) I (20) RVP (21) PUD (22) HIRD Agricultural, Residential - 1 Residential, Estate - 2 Residential, Single Family - 2 Residential, Single Family - 3 Residential, Single Family - 4 Residential, Mobile Home - 5 Residential, Multiple Family - 5 Residential, Multiple Family- 11 Residential, Multiple Family - 18 Commercial, Neighborhood Commercial, Office Commercial, General Commercial, Tourist Industrial, Light Industrial, Heavy Industrial, Extraction Agricultural Utilities Institutional Recreational Vehicle Park Planned Unit Development Hutehinson Island Residential District Section 3.2.000 REGULATIONS OF GENERAL APPLICABILITY Section 3.2.100 Permitted Uso~ No structure or land in the unincorporated area of St. Lueie County shall hereafter be constructed, built, moved, remodeled, reconstructed, used, or occupied except in accordance with the requirements of the Zoning District in which the structure or land is located, unless it is a nonconformity under the provisions of Section 3.2.902 of this Ordinance. S~etion 3.2.200 Conditional Us~ No structure or land shall be constructed, built, remodeled, reconstructed, used, or occupied as a conditional use under this Orclinanee except as approved under the procedures and requirements of Section 5.4.000, and the standards of Section 5.4.200. "434 . d419 bOOK - 20 - Section 3.2.300 Accessory Uses And Struetuu-.~ (1) ~ Accessory structures and uses are permitted in any Zoning District in connection with any principal lawfully existing permitted use within such district, or in connection with any existing conditional use within such clistriet, subject to the requirements of Section 5.4.600, provided that all accessory structures or uses shall meet the requirements for the Zoning District in which the structure or use is located, as provided in Section :{.2.000, and all other requirements of this section. (2) Particular Permitted Aee~sorv Structures and Uses in Residential_ A~ri- eultueal and Planned Unit Deve-looment D/striets - Permitted accessory structures and uses include: (a) Non-commercial garages, parking lots and parking areas, together with related circulation elements. (b) Enclosed storage structures. (c) A childs playhouse or gazebo. (d) Non-commercial tennis courts. (e) Private swimming pools and bathhouses, provided that the swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access to such swimming pool from the street or from adjacent properties. Outdoor storage of boats, trailers, or recreational vehicles, provided that such storage area shall not be located in a front yard and pro- vided that such boats, trailers or vehicles shall not be used for living, sleeping, or housekeeping purposes. (g) Private water and sewage utility services provided that they are for the sole use of the particular private development and are not in- tended to be a sub-regional system. (3) Fences. Wsl]s and Heckr~ Fences, walls, and hedges, as follows: (a) In residential Zoning Districts, fences, walls, or hedges of four (4) feet height or less may be located within four (4) feet of the property line in the front yard, and fences, walls, or hedges of six (6) feet height or less may be located anywhere else in the front yard; fences, walls,. or hedges of six (6) feet height or less may be located in the side yard or rear yard. (b) In non-residential Zoning Districts, fences, walls or hedges of eight (8) feet height or less may be located anywhere on a lot. ' OR oo 434 , d420 - 21 - (4) (e) When the subject property abuts an intersection of two or more rights- of-way, or a pubUe tight-of-way, aU fences, WRII.~, or hedges sha~ be instaUed so as not to create a traffic hazard. Dimensional and Location Re~-L~tions (a) (b) No aeeessovy use ov structure except for fences, WRI]m, and hedges as described in 8action 3.2.300 (3) shall be located in any required front yard in any residential zoning district. No accessory structure or use in any residential Zoning Distriet shall occupy move than thirty-five (35) percent of the maximum permitted building area for the entire lot. Section 3.2.400 ~ensit?; Area. Yard and Height Requieementq Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage requirement shown in Table I for the Zoning District in which it is located. (2) Except as modified by the provisions for conditional uses or variances, no structure shall be eonstmetect, built, moved, remodeled, reconstructed, occupied, or used on a lot that is less than the minimum lot area, minimum lot width, and minimum yard requirement es shown in Table I for the Zoning District in which it is loeated. - 22 - BOOK - 23 - S~etion 3.2.500 Offst~oet Pm~in~ and Loadin~ Section 3.2.510 General Provisions (1) The requirements of this section are intended to insure that every building, structure, or use erected or instituted, except for agricultural uses and buildings, sb~]] be provided with adequate offstreet parking facilities for the use of occupants, employees, visitors, and patrons, and that certain uses be provided with adequate offstreet loading facilities, thereby reducing congestion to the public streets and promoting the safety and welfare of the public. (2) Existin~ Structures and Use.~ Buildings or structures existing as of the effective date of this Ordinance may be modernized, altered, or repaired without providing additional offstreet parking or loading facilities, provided there is no increase in floor area or capacity and no change of use. (3) Ex~-~.sion of Struetm.~ When a structure existed as of the effective date of this Ordinance and such structure is enlarged in floor area, volume, capacity, or space occupied, offstreet parking and loading requirements contained in this Orclinanee shall be complied with for existing and new structures. (4) Cha_r~re in Use If after the effective date of this Ordinance, a change in the use of a building or structure would result in a. requirement for additional parking over that required for the existing use, then all offstreet parking and loading requirements contained in this Ordinance shall be complied with for the new use. (5) Non-eonfo~nir~ Uses When repairs and alterations are to be made in a building occupied by a non-conforming use, all offstreet parking requirements contained in this Ordinance shall be complied with if the cost of repairs and alterations exceed fifty (50) percent of the assessed value of the building and structures. - 24 - 00 434 Section 3.2.520 Offstreet Parkimr (1) Reauired Offstreet Pa~kin~ The following offstreet parking shall be provided for the following uses: Residential uses with two or more bedrooms ...... 2 efficiency or one bedroom ..... 1.5 spaces for each dwelling unit. spaces for each dwelling unit. For multifamily dwelling units, up to t space per dwelling unit may be stabilized grass parking. (b) Hotels and Motels .............. 1.25 spaces for each guest room, plus 15 spaces per 1,000 square feet of floor area for restaurants and lounge areas. (e) Churches ......................... 25 spaces per 1,000 square feet of ehapal or sanctuary floor area. For churches, forty (40) percent of total parking requirement may be stabilized grass parking. (d) Places of public assembly, such as theaters, auditoriums, and similar uses .................. 25 spaces for every 1,000 square feet of floor area. (e) Elementary and junior high schools ....................... 2 spaces for each classroom. (f) High schools ...................... 8 spaces for each elaasroom. (g) Community colleges and universities ................... 15 spaces for each classroom. (h) Hospitals ........................ 1.5 spaces for each bed. (i) Medical and dental of flees .......... 7 spaces per 1000 feet of floor General office buildings ............ 5 spaces per 1,000 square feet of floor area. (k) Mortuaries and funeral parlors .......................... 10 spaces per 1,000 square feet of floor area. Food stores ....................... 5 spaces per 1,000 square feet of floor area. - 25 - "'434 . I424 BOOK (m) Other general business or per-~onal service establishments ..................... 5 spaces per 1,000 square feet of floor area. (n) General financial and professional of flee buildings .................... 5 spaces per 1,000 square feet of floor area. (o) Gasoline serviee stations ........... 3 2 (p) Eating and drinking establishments .................... 15 spaces per station; plus spaces per service bay. spaces per 1,000 square feet of floor area. (q) Wholesaling ........................ 2 spaces per 1,000 square feet of floor area. (r) Industrial ......................... 2 spaces per 1,000 square feet of floor area. (s) Recreational vehicle parks .......... 1 space per lot not including recreation vehicle. (t) Mobfie home parks ................. 2 spaces for each mobile home. (u) (v) Nursing and convalescent homes, congregate living facilities, and related uses ....................... 1 Museums, libraries, art galleries, and similar uses .......... 4 space per two (2) beds. spaces per 1,000 square feet of floor area. (w) BowUng alleys ..................... 4 (X) Stadiums, racetracks and related ~[~es e~eeeeeeeeeeeeeeeee~eeeeeeeeeel spaces per lane. space per 4 seats. For any uses not specifically mentioned, the requirements for offstreet parking shall be the same as these for the use that is most similar to the unmentioned use. Such determination shall be made by the Development Coordinator. ° 434 I~OOK (2) Offstr~t Psrkina R~,lAtiol~ (a) Des~rl ~tsnda~ds (i) An offstreet parking space shall consist of a minimum net area of ten (10) feet by twenty (20) feet, exclusive of access drives or aisles. A handicapped offstreet parking space shall be a minimum of twelve (12) feet by twenty (20) feet. Two (2) feet of the required twenty (20) feet may be in grass instead of pavement if that two (2) feet is not included in any other required area. (See Figure 1). Figure 1 12° HC 90° - 2'/- oo 434 (ii) Any offstreet parking may be designed with aeeess aisles with one way traffic. Access aisles with one way traffic may be reduced to sixteen (16) feet in width for 45 degree and 30 degree angle parking (See Figure Figure 2 \ S, EE An~le (de~'ees) 90 75 60 45 30 Two Way Aisle Width (feet) 26 (see Fig. 1) 22 (see Fig. 2) 20 (see Fig. 2) 20 (see Fig. 2) 20 (see Fig. 2) One Way Aisle Width (feet) 26 22 20 16 (see Fig. 2) 16 (see Fig. 2) (iii) (iv) (v) Offstreet parking facilities, including access drives and aisles for all uses requiring site plan approval, shall be paved and shall be marked either by painted lines, preeast curbs, or in a similar fashion to indicate parking spaces, except for single- family, two-family, and three-family dwellings. All required offstreet parking facilities shall be drained so as not to cause any nuisance to adjacent private or public property. Construction and Maintenance: Offstreet parking and loading facilities ineluding access aisles, driveways, and maneuvering areas, shall be constructed in aeeordanee with this Ordinance and will be maintained in good condition at all times. 434 - 28- 50OK (b) (c) (vi) (viiO Ox) Handienpped Parking: Handicapped parking shall be provided as required by the Standard Building Code. Handicapped parking spaces shall be appropriately marked. No paving other than entrance or exit drives shall be in- stalled within ten (10) feet of adjoining property or within ten (10) feet of the front property line, and said unpaved area shall be planted and appropriately maintained in aeeordanee with the provisions of this Ordinance. All parking areas for all uses requiring Site Plan approval shall be designed so that motor vehicles can exit without backing into a street. ALl parking spaces shall have direct access to public streets by way of aisles or driveways as provided in the Standard Specifications for Public Works construction in St. Lueie County, Florida, a copy of which will be on file in the Office of the Development Coordinator. Combined Offstreet Parkin~ Two or more owners or operators of buildings, structures, or uses requiring offstreet parking facilities may make collective provision for such facilities, provided that the total of such parking spaees when combined or used together shall not be less than the sum of the requirements computed separately. Parking of Comme~.eisl Vehiel~n Offstreet parking facilities supplied by the owner or operator under the requirements of this section shall not be used by commercial vehicles owned, operated, or used in the business of such owner or operator during his regular hours of business, unless additional parking spaces are made for these commercial vehicles. - 29 - 434 Section 3.2.530 Offstreet Loadin~ (1) Offstreet Loading_ Re_auirement~ Offstreet loading space shall be provided and maintained as follows: (a) For all eommereiai and industrial development having an aggregate floor area of up to twenty-five thousand (25,000) square feet, one (1) space;, over twenty-five thousand (25,000) square feet but not over sixty thousand (60,000) square feet, two (2) spaces; over sixty thousand (60,000) square feet but not over one hundred twenty thousand (120,000) square feet, three (3) spaces; over one hundred twenty thousand (120,000) square feet but not over two hundred thousand (200,000) square feet, four (4) spaces; over two hundred thousand (200,000) square feet but not over two hundred ninety thousand (290,000) square feet, five (5) spaces; plus, for each additional ninety thousand (90,000) square feet (over two hundred ninety thousand (290,000) square feet) or major fraction thereof, one (1) space. (b) For each auditorium, convention hall, exhibition hall, museum, motel, hotel, office building, sports arena, stadium, hospital, sanitarium, welfare institution, or similar use having an aggregate floor area of over ten thousand (10,000) square feet, but not over forty thousand (40,000) square feet, one (1) space; plus for each additional sixty thousand (60,000) square feet or major fraction thereof, one (1) space. (e) For any use not specifically mentioned, the requirements for offstreet loading facilities to which the unmentioned use is most similar shall apply. Such determination shall be made by the Development Coordinator. (2) Loaation of Reauired Loadin~ Soaees Loading spaces shall be located on the same lot as the building or structure to which they are accessory. No loading shall be located in a required front yard. (3) Designation and Use Each required loading space shall be designated as such and shall be used only for loading purposes. (4) Design and Mainten,nee (a) An offstreet loading space shall be an area at grade level at least twelve (12) feet by forty-five (45) feet long with a twelve (12) foot vertieai clearance. - 30 - 434 (b) Each loading space shall be accessible without crossing or entering any other required offstreet loading space. Such loading spaces shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe ingress and egress by motor truck and trailer. (e) All loading spaces shall be surfaced with an ail-weather, durable, and ~,st-free surface, and shall be graded and drained to dispose surface water accumulation by means of a stcemwater drainage system. (5) Combined Offstreet Loadin~ Collective, joint, or combined provisions for offstreet loading facilities may be made, provided that such offstreet loading facilities are equal in size and capacity to the eorabined requirements of the several buildings or uses and are designed, located, and arranged to be used by the individual buildings or uses. Feetion 3.2.800 Landseaoir~ and Sereenirut Re~,lations Section 3.2.610 Pumose The purple of this section is to set forth regulations for the proper instal- lation and maintenance of landscaping that will contribute to air purification, regeneration of oxygen, absorpt/on of water, abatement of noise, glare, and heat, and control of erosion, as well as enhance the aesthetic character and value of surrounding neighborhoods and thereby promote the general welfare of the community. Such landscaping would also assist in traffic control, both vehicular and pedestrian. S~etion 3.2.621] Aonlieabffitv The provisions of this section with regard to landscaping shall apply to all non-residential, mobile home, and multiple family residential uses. FeeS. ion 3.2.630 General P~'ov~sions (1) ,I~ All landscaping shall be installed in a professional manner according to accepted planting practice with the quality of plant materials as herein- after described and with a readily available water supply within one hundred (100) feet of all plant material. (2) The owner shall be responsible for the maintenance of all landscaping, which shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance free from refuse and debris. Maintenance shall include the replacement of all dead material within ninety (90) days. - 31- °'434 BOOK (3) Plant Mnterinls (a) Plant materials used in conformance with the provisions of this Ordinance shall conform to the standards of Florida No. 1 or better as given in 'Grndes and Standards for Nursery Plants", 1973, and "Grades and Standards for Nursery Plants", Part II, Florida Department of Agriculture and Consumer Services which are on file in the Office of the Development Coordinator, or standards equal thereto. All plant materials shall be insect and disease-resistant, and shall be clean and reasonably free of weeds and noxious pests or diseases when installed. Plant materials that are known to be intolerant of paving environments, whose physical characteristics may be injurious to the public, or that produce a quantity and quality of debris so as to present maintenance difficulties shall not be specified for use under this Ordinanee. (b) ~ees (i) Trees shall be speeies having an average mature spread of crown of greater than fifteen (15) feet in St. Lueie County and have trunks that can be maintained in a clean condition. Trees having an average mature spread of crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of fifteen (15) foot crown spread. (ii) Tree species shall be a minimum of seven (7) feet overall height and have a eeliper of one (1) inch at four and one-half (43) feet above the ground when installed. Trees of speeies whose roots are known to eause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public roads or works, unless the tree root system is completely contained with a barrier for which the minimum dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four (4) inch thick concrete reinforced with number six (6) road mesh (6x6x6) or equivalent. (iii) None of the following trees will be used to meet the require- ments of this section.. M~euea ~ (Punk tree), Se~n~ terebinthefoliu~ (Brazilian Pepper), and Casu~ ~ (Australian Pine). Fifty (50) percent of the required trees shall be species other than palm trees. (e) Shrubs and FIedff~.$ Shrubs shall be a minimum of eighteen (18) inehes in height above grade immediately after planting. Hedges, where required, shall be planted and maintained so as to form a two (2) foot or higher continuous, unbroken, solid visual screen within a maximum of one (1) year after the time of planting. 0 1434 , 1431 - 32- (d) (e) (f) (g) (h) Vines shall be a minimum of twelve (12) inches in height immedi- ately after planting and may be used in conjuetion with fences, screens, or wnH~ to meet physical barrier requirements. Ground covers, other than grass, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within nine (9) months after planting. Grass areas shall be planted in species normally grown as perma- nent lawns in St. Lueie County. Grass areas may be sodded, plugged, sprigged, or seeded, except that solid sod shall be used in swales or other areas subject to erosion. When other than solid sod is used, protective measures shall be taken until complete coverage is achieved. S_vnthetie Lawns Synthetic or artificial turf shall not be used in lieu of the plant requirements in this Ordinance. Synthetic Plant.~ Synthetic or artificial material in the form of trees, shrubs, ground covers, or vines shall not be used in lieu of the plant requirements in this Ordinance. Section 3.2.640 General L~ndse~nin~ Reou/rements The following landscaping requirements shall apply to all non-residential, mobile home, and multiple family residential uses. (1) Required Landscaping_ Adiaeent to Public Rig_hfs-of-Way When any offstreet parking area or other vehicular use area will not be entirely screened by an intervening building or structure from an abutting right-of-way, the area shall be designed and landscaped as follows: (a) A strip of land at least ten (10) feet in depth shall be located between the abutting right-of-way and the offstreet parking area which shall be landscaped to inelude one (1) tree for each thirty (30) linear feet of abutting right-of-way or major fraction thereof. Such trees shall be located between the abutting right-of-way and offstreet parking area. In addition, a hedge, wa/l, or other durable landscaping barrier shall be placed along the interior perimeter of the landscaped strip. If such a barrier is of non- living material, for each ten (10) feet or major fraction thereof, one (1) shrub or vine shall be planted abutting such barrier. Sueh - 33- (b) - (e) shrubs or vines shall be planted along the street side of such barrier, unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. All property lying between the right-of-way and offstreet parking area other than the required landscaped strip shall be landscaped with at least grass or other ground cover. Necessary aeeessways from the pul)He right-of-way through all such landscaping shall be permitted to service the paridng or other vehicular use areas. (2) Perimeter Landseap_in~ Relating to Abutting Properties (a) When an offstreet parking area or other vehicular use area will not be entirely screened by an intervening building or structure from abutting property, that portion of such area not screened shall be provided with a landscaped buffer of not less that ten (10) feet in width. Such landscaped buffer shall be designed and planted with a hedge or other durable landscape barrier not less than six (6) feet in height within two (2) years after planting to form a continuous screen between the offstreet parking area or other vehicular use area and such abutting property. Such land- scaped barrier shall be located between the common lot line and the offstreet parking area and other vehicular use areas. A six (6) foot high masonry wall set in a ten (10) foot wide lanclscaped buffer' area may be substituted for the required six (6) foot high planted buffer. (b) In addition, one (1) tree shall be provided for each fifty (50) linear feet or major fraction thereof of such landscape barrier. Such trees shall be located between the common lot line and the offstreet parking area or other vehicular use area. Each such tree shall be planted in at least twenty-five (25) square feet of planting area with a minimum dimension of at least five (5) feet. Each such planting area shall be landscaped with grass, ground cover, or other permeable material in addition to the required (c) When a proposed perking area abuts an existing hedge, wall, or other durable landscape barrier on abutting property, said existing barrier may be used to satisfy the landscape barrier requirements of this subsection provided that said existing barrier meets all applicable standards of this Ordinance and protection against vehioular encroachment is provided by hedges. (3) Paekin~ Area Interior Landseaoir~ (a) Surface parking and other vehicular use areas shall have at least one (1) square foot of interior landscaping for each forty (40) square feet or major fraction thereof of offstreet parking and vehicular use area. Each separate landscaped area shall contain a °" 434 - 34- BOO{( (4) minimum of fifty (50) square feet and shall have a minimum dimension of at least five (5) feet and shall include at least one (1) tree with the remaining area adequately landscaped with shrubs, ground cover, or other authorized landscaping material not to exceed three (3) feet in height. The total m~mber of trees shall not be less than one (1) for each one hundred (100) square feet or major fraction thereof of required interior landscaped area. These landscaped areas shall be situated to divide and break up expanses of parking and vehicular use areas. Properties that are dasignated: Light Industrial (IL), Heavy Industrial (IH), Industrial Extraction (IX), and Utilities (U) will be exempt from any parking area interior landscaping requirements. (b) The front of a vehicle may not encroach upon any landscaped area. Two (2) feet of the required depth of each parking space abutting on a landscaped area may be planted in extra grass or ground cover provided that a suitable motor vehicle stop is pro- vided. Visibility_ for Landscaping_ Adiaeent to the Public Ri~hts-of-Wav and Points of Access - When an aeeessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the eroas-visibflity area shall be allowed provided they are so located so as not the create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any aeeessway pavement. The triangular areas referred to above are: (a) The areas of property on both sides of an aecesswey formed by the intersection of each side of the aeeessway and the public right-of-way line with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides. (b) The area of property located at the corner formed by the inter- section of two (2) or more public rights-of-way with two (2) sides of the triangular area being thirty (30) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. (5) Landsa,_ned Buffer Ar--.~ Between Non-Residential and Residential Use~ Buffer areas between non-residential and residential uses shall be land- scaped with a wall or hedge or other durable landscaped barrier of at least five (5) feet in height that forms a continuous screen between the uses. If such barrier is of non-living material, one (1) shrub or vine shall be provided for every five (5) linear feet of the barrier or major ° 434 , d434 BOOK - 35 - fraction thereof on the side of the barrier toward the residential use. In addition, one (1) tree having at least four and one-half (43) inches diameter four (4) feet above the ground shall be provided for each one hundred and twenty five (125) square feet or major fraction thereof of buffer area. (6) Offstreet Loadin_~ Sp~q~ (7) (8) All offstreet loading spaces shall be fully screened from any residential use by a uniformly colored, solid visual and auditory barrier of not less than six (6) feet in height, or a densely planted landscape screen con- sisting of evergreen shrubs or trees that shall be at least four (4) feet in height when planted and that can be expected to reach at least six (6) feet in height within three (3) years. The screening shall extend the fun length of any loading facility with openings as required for ingress and egress; however, there shall not be greater than twenty (20) percent open space within the screen. Existir~ Offst~eet Parkir~_ and Loading_ Lots When an offstreet parking or loading lot existed as of the effeotive date of this Ordinance and such offstreet parking lot is enlarged in area or capacity, the entire parking lot, both old and new, shall comply with this Ordinance. Re_aui~ed Landseanir~_ for Existir~_ Offstreet Parkirlg When an offstreet parking or loading lot existed as of the effeotive date of this Ordinance and the building that the parking or loading lot serves is reconstructed or remodeled in excess of fifty (50) percent of its value, landscaping shall be provided as set forth in this Ordinance. Section 3.2.700 S~ns Section 3.2.710 Pumas~ The purpose of these sign regulations is to establish requirements for the size, character, appearanee, location, installation, and meintenanee of signs in order to promote motorist safety, preserve and protect the visual beauty of the landscape, and promote the general health, welfare, and safety of the citizens of St. Lueie County. Section 3.2.720 Permitted Permanent S~r~ The followin~ signs or advertising structures of a permanent nature shall be permitted within the following Zoning Districts: (1) Agricultural (AG) (a) One (1) non-illuminated nameplate per dwelling unit or structure which shall not exceed one (1) square foot in sign area. °" 434' , d435 _ ~ _ (2) (3) (4) (b) One (1) non-illuminated, on-premises ground sign for the permitted agricultural use identifying the use thereon, not to exceed thirty- two (32) square feet in area for each five hundred (500) feet or major fraction thereof of street frontage under unified control. The ground sign shall not exceed twelve (12) feet in height. (c) Non-illuminated directional signs which shall not exeeed six (6) square feet each in sign area, may be installed as needed. (d) Off-premises signs not to be spaced less than five hundred (500) feet apart on the same side of the highway. A~rieultuual Residential fAR-l).- Residential Estate-2 (RE-2): Residentinl Si~_le Family-2 (RS-2).. Residential. Sirurle Farnflv-3 {RS-3): Residential- Single Farnil_~-4 (RS-Z~)- - (a) One (1) non-illuminated nameplate per dwelling unit which shall not exceed one (1) square foot in sign area. (b) Non-illuminated directional signs which shall not exceed six (6) square feet in each sign area may be installed as needed. Residential. Mobile Home-5 (RMH-5)-- Residential. M,Jltinle Family-5 (RM- 5): Residential. Multiple Famfl_v-ll {RM-11): Residential_. M,,lti~ie Family- 18 (RM-18)-- Pi~nnad-Unit Develooment (pUD); Recreational V-ehiele Pa~k (RVP): Hutchinson lslsnd Residential District (HIRD) (a) (b) One (1) nameplate per individual dwelling unit which shall not exeeed one (1) square foot in sign area. One (1) wall or ground sign identifying the name and address of a permitted principal building or use which shall not exceed eighteen (18) square feet in sign area. Ground signs shall not exceed six (6) feet in height. (e) Directional signs, which shall not exceed six (6) square feet in sign area, may be installed as needed. Commercial. Office (CO): Commercial. Tourist (CT)_.. Institutional (I) (a) One (1) nameplate per occupant which shall not exceed two (2) square feet in sign area. (b) (e) One (1) wall or ground sign which shall not exeeed twenty-four (24) square feet in sign area. Ground signs shall not exceed twenty four (24) feet in height. Directional signs which shall not exceed six (6) square feet in sign area may be installed as needed. Commemial. Ne~hborhood (a) One (1) wall sign or one (1) projeoting sign which shall not exceed a sign area equal to twen~ (20) percent of the total wall face °"434 , d436 - 37- ~OK (6) a~ea f~onting on the main street, except that fifty (50) percent of such permitted wall sign area may be located on any other wall surface of the same bufldiag. Total wall sign area shall not exceed the allowable frontage on the main street. The wall sign or projecting sign shall not exceed eighteen (18) feet in height. (b) Any establishment or group of establishments that has a main street lot frontage of fifty (50) linear feet or more, shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every 1.5 linear feet cc major fraction thereof of main street lot frontage up to a maxi- mum of two hundred (200) square feet. The ground sign shall not exceed eighteen (18) feet in height. (e) One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in sign area. (cO One (1) rear entrance walt sign per establishment which shall not exceed six (6) square feet in sign area. (e) Non-illuminated direetionai signs, which shall not exceed six (6) square feet each in sign area, may be installed as needed. Commercial. General (CGh Industrial. l,~ht (IL): Industrial. Heav~_ Industrial. Extraction (IX): Utilities (T,I) - Off-premises signs not to be spaced less than five hundred (500) feet apart on the same side of the highway. (b) One (1) wall sign or one (1) projecting sign per establishment which shall not exceed a sign area equal to twenty (20) percent of the total wall face area fronting on the main street, except that fifty (50) percent of such permitted wall sign area may be located on any other wall surface of the same building. Total wall sign area shall not exceed the allowable frontage on the main street. (e) Any establishment cc group of establishments that has a main street lot frontage of fifty (50) linear feet or more shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every one (1) linear feet or major fraction thereof of main street lot frontage, up to a maxi- mum of two hundred (200) square feet, except that one (1) addi- tional ground sign shall be permitted when the main street lot frontage exceeds five hundred (500) feet. The second ground sign shall not exceed a sign area equal to one (1) square foot for every one (1) linear feet or major fraction thereof of main street lot frontage in excess of the first five hundred (500) feet of frontage, up to a maximum of two hundred (200) square feet. Ground signs shall not exceed thirty five (35) feet in height. (cO One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in sign area. - 38 - oo 434 , d437 (e) One (1) rear entrance wall sign per establishment which shall not exceed six (6) square feet in sign area. Window display signs, which shall not exceed twenty-five (25) percent of such open window area. Directional signs which shall not exceed six (6) square feet in sign area, may be installed as needed. Section 3.2.730 Permitted Temoorarv Signs The following types and sizes of signs or advertising structures shall be permitted on a temporary basis, subject to the following provisions: (1) Real Estate Signsl (a) Shall be limited to one (1) sign per parcel, establJslunent, dwelling unit or per every five (5) acres or fraction thereof providing no more than one (1) sign per three hundred (300) feet of frontage shall be allowed on any one (1) parcel of property regardless of total acreage. (b) Shall not exceed the following maximum sign areas in square feet by zoning district and parcel size: One (1) acre Greater than Agricultural, Residential (AR-l) 6 Residential, Estate-2 (RE-2) 6 Residential, Single Family-2 (tLS-I) $ Residential, Single Family-3 (1~-3) 6 Residential, Single Family-4 (RS-4) 16 Residential, Mobile Home-5 (RMH-5) 16 Residential, Multiple Family- 5 (RM-5) 16 Residential, Multiple Family-Il (RM-11) 16 Residential, Multiple Family-18 (RM-18) 16 Commercial, Neighborhood (CN) 16 Commercial, Office (CO) 16 Commercial, General (CG) 32 Commercial, Tourist (CT) 16 Industrial, Light (IL) 32 Industrial, Heavy (IH) 32 Industrial, Extraction (IX) 32 Agricultural (AG) 6 Utilities (U) 6 Institutional (I) 6 Recreational Vehicle Park (RVP) 6 Planned Unit Development (PUD) 6 Hutchinson Island Residential District (HIRD) 6 16 16 16 16 16 16 16 16 16 16 16 32 16 32 32 32 32 32 32 16 16 16 500K - 39 - (e) (cO Shall be removed within ten (10) days after the real estate trans- action ts completed. Shall not be illuminated. (2) Construction Proieet S~ns~ Shall not exceed the following maximum sign areas by Zoning District: Agricultural, Residential (AR-l) Residential, Estate-2 (RE-2) Residential, Single Family-2 (RS-2) Residential, Single Family-a (RS-a) ResidentiaL, Single Family-4 (RS-4) Residential, Mobile Home-5 (RMH-5) Residential, Multiple Family- 5 (RM-5) Residential~ Multiple Family-il (RM-11) Residential~ Multiple Family-18 (EM-18) Commercial, Neighborhood (CN) Commercial, Office (CO) Commercial, General (CO) Commercial, Tourist (CT) Industrial, Light (IL) Industrial, Heavy (IH) Industrial, Extraction (IX) Agricultural (AG) Utilities (U) Institutional (I) Recreational Vehicle Park (RVP) Planned Unit Development (PUD) Hutchinson Island Residential District (HIRD) 12 12 12 12 12 32 32 32 32 32 32 64 32 64 64 64 64 64 32 32 32 32 (b) (e) May contain the name of the project, the contractor, the sub- eontraetor, the architect, the developer, the supplier, or the financial institution, and a deseription of the project. Shall not be erected prior to the issuance of a building permit and shall be removed prior to the issuance of a certificate of oeeu- paney. (d) Shall not be illuminated. (e) Sb~dl be adequately constructed and securely anchored in accord- ance with the Standard Building Code. (3) Subdivision and Develcoment Sigrm (a) (b) Shall be limited to one (1) sign per vehicular entrance to the site as shown on the approved site plan. Shall not exceed the following maximum sign areas by Zoning - 40- Agricultural Residential (AR-I) Residential, Estate-2 (RE-2) Residential, Single Family-2 (RS-2) Residential, Single Family-3 (RS-3) Residential, Single Family-4 (RS-4) Residential, Mci)fie Home-5 (RMH-5) Residential, Multiple Family- 5 (RM-5) Residential, Multiple Family-Il (RM-I1) Residential, Multiple Family-18 (EM-18) Commercial, Neighborhood (CN) Commercial, Office (CO) Commercial, General (CG) Commercial, Tourist (CT) Industrial, Light (IL) Industrial, Heavy (II-I) Industrial, Extraction (IX) Agricultural Utilities (U) Institutional (I) Recreational Vehicle Park (RVP) Planned Unit Development (PUD) Hutchinson Island Residential Distriet (HIRD) 32 32 32 32 32 32 32 32 32 32 32 64 32 64 64 64 32 64 32 32 32 32 (d) May contain the name of the project, the contractor, the sub- contractor, the architect, the developer, the supplier, the finaneial institution, and a description of the projeet. Shall not be illuminated. (e) Shall be adequately constructed and securely anchored in aeeor- dance with the Standard Building Code. Seetion 3.2.740 General Provisiore~ In addition to the requirements set forth in Sections 3.2.720 and 3.2.730, the following general provisions shall apply to specific types of signs: (1) On-Premises Si~'ns (a) (i) (ii) (iii) Shall not extend more than eighteen (18) inehes from the wall or facade of the building to which they are attached. Shall not extend more than twenty-four (24) inches above the roof or parapet of a building, whichever is greater. Shall be adequately constructed and securely anchored in aeeordanee with the Standard Building Code. 00 434 , d440 - 41 - (b) (d) (ii) (ilo (iv) Marma~l and Mavaue~ Siirr~ Mansard and Marquee Sigr~ shall conform to Wall sign provisions, Suction 3.2.740(1)(a). Proieetin~ Siirns Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway or fourteen (14) feet over any vehicular driveway. Shall not extend clo~er (leading edge measured horizontally) than eighteen (18) inches to the eurbfaee or, where no eurb is installed, to the eurbline as established by the County Engi- neer. Shall not extend more than twenty-four (24) inches above the roof or parapet of a building, whichever is greater. Shall be adequately constructed and securely anchored in accordance with the Standard Building Code. (i) (ii) (iii) (iv) (v) Shall not exceed a total height above natural ground level of thirty five (35) feet, except as may be further restrieted in this Ordinance, and fifty (50) feet total height above grade along the Florida Turnpike and 1-95. Shall not be located less than eighteen (18) inches (leading edge measured horizontally) from any public right-of-way line, adjacent property line, or structure. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway or fourteen (14) feet over any vehieular driveway. May be located within twenty (20) feet of a street intersection provided that: ae Such sign shall not exceed three (3) feet in height unless there is at least nine (9) feet clearance from the ground; and be Shall not have poles or support structures of greater than twelve (12) inches in diameter. Shall be adequately constructed and securely anchored in aeeordanee with the Standard Building Code. ° 434 , d441 B, OOK - 42- (2) Off-Premises Sktns (a) Shall not exceed an aggregate sign area, including 811 sign faces of multiple-faced signs, of five hundred (500) square feet including all trim, molding, or skirting, except es may be further restricted in this Ordinance. (b) Shall not exceed a sign dimension of fifty (50) feet horizontally ce twelve (12) feet vertieally including all trim, molding, ce skirt- ing. (e) Shall not exceed a total height above natural ground level of thirty-five (35) feet, except as may be further restricted in this Ordinance, and fifty (50) feet total height above grade along the Florida Turnpike and 1-95. (d) Shall be located a minimum of ten (10) feet from any street right- of-way or property llae. (e) ShaLl not be located closer to a right-of-way Line than any building on contiguous property if such building is situated within one hundred (100) feet of the sign. (f) Shall not be located within fifty (50) feet of any residential zone, measured along a common right-of-way Line, nor within thirty (30) feet of the intersection of any two (2) right-of-way lines. Shall not be located so es to face a lot on the same street occupied by a church, public sohool, public park, playground, beaeh, civic area, or cemetery, nor nearer to such uses than two hundred (200) feet along a common right-of-way Line. Section 3.2.750 Prohibited Si~ The following signs or types of signs shall be prohibited: (1) Roof Signs. (2) Portable or trailer signs. (3) Sidewalk or sandwich signs. (4) Snipe Signs. (5) Signs attached to any tree, shrub, or plant. (6) (7) Banners, streamers, pennants, flags, festoons of lights, and deeoratiom, except es may be permitted as a special event sign. Signs located over or on any publie right-of-way, except public direc- tional signs. (8) Signs attached to or placed upon any utility pole,' street light, sidewalk curb, fire hydrant, bridge, or any other public property. - 43 - BOOK (9) (10) Fleshing, animated, or noise-making signs, except for message signs displaying time, temperature, and community service information. Signs in motion, including swinging, rotating or revolving signs or devices designed to attract attention. (11) Signs that copy or imitate official governmental signs or that purport to have official governmental status. (12) Signs that display any lewd, leseivious, obscene, indecent, or immoral written or graphic message. (13) Signs that obstruct or interfere with any door, fire exit, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building. (14) Signs that constitute a traffie safety hazard by reeson of size, location, movement, content, coloring, or method of illumination; obstruct the vision of motorists or pedestrians; obstruct or detract from any offieal traffic control device; divert or tend to divert the attention of motorists from traffic movement on streets, roads, intersections, or access facil- ities; utilize fleshing or revolving red, green, blue or amber lights, or utilize the words "stop," "look," "danger," or any other word, phrase, symbol, or character in such a manner es to interfere with, mislead, or confuse traffic. (15) Signs that utilize floureseent colors in the yellow and red spectrums. Section 3.2.760 Permit Exemotior~ The following types of signs shall not be required to have a sign permit but shall meet all other appropriate requirements of this Ordinance. (1) Real Estate signs. (2) Residential nameplates. (3) Political signs. (4) Credit card signs, decals, or emblems. (5) Memorial signs or tsblets. (6) Public convenience signs, communicating the location of restrooms, public telephones, or the like. (7) Public utility signs, identifying the location of underground lines, high voltage areas, or the like. (8) Public warning signs, indicating the dangers of trespassing, swimming, animals, or the like. (9) Flags, emblems, or insignias of the United States, State of Florida or St. Lueie County. 500K - 44 - (10) (11) Seasonal displays or decorations not advertising a product, service or establistunent. Special event signs. Seetion 3.2.800 Temno~srv Uses and Stmettlr~ (1) ~ Temporary uses are permitted in any Zoning District subject to the standards hereinafter established, provided that all temporary uses shall meet the dimensional and parking requirements for the Zoning District in which the use is located. (2) Psrtieu]m~ Tem~o~srv Uses Permitted Permitted temporary uses include: (a) Garage sales, provided that no more than two (2) sales of three (3) days each are conducted at any site during any one (1) calendar year. (b) Indoor and outdoor art and eraft shows, bazaars, carnivals, revivals, circuses, sports events, and exhibits in the Residential, Mobile Home-5 (BMR-5); Residential, Multiple Family-5 (RM-5); Residential, Multiple Family-il (RM-11); Residential, Multiple Family-18 (RM-18); Commereial, Neighborhood (CN); Agricultural (AG); Institutional (I); and Recreational Vehicle Park (RVP) Districts, provided that no more than two (2) events of seven (7) days each ere eondueted on the same property during any ealendar year. (e) Christmas tree sales in the Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); and Agricultural (AG); Districts, provided that such use shall not exceed sixty (60) days. (d) Construction offices and equipment and equipment sheds in any distriet in which erection, addition, relocation, or structural relocation is taking place provided that such use shall be limited to the period of actual construction. (e) Other temporary uses that are, in the opinion of the Development Coordinator, consistent with the provisions of this Ordinance. - 45 - "434 S~etion 3.2.900 Su~nlemental Re~ulntions Section 3.2.901 Home Oeeuoatior~ (1) ~ The purpose of this section is to proteet and maintain the charaetar of residential neighborhoods while recognizing that particular professional and limited business aetivities are traditionally and inoffensively carried on in the home. The following home occupations shall be permitted in any residential dwelling unit provided that the home occupation complies with the lot size, bulk, and parking requirements of the Zoning District in which the home occupation is located: (a) Homebound employment of a physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of his disability; Office facilities for salesmen, sales representatives, and manu- facturer's representatives when no retail or wholesale sales are made or transacted on the premises; (c) A studio or laboratory of a photographer, craftsman, writer, or similar person~ '(d) Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents, realtors, and members of similar pro- fessions. (3) Use Limitations In addition to the requirements of the Zoning District in which it is located, every home occupation shall comply with the following restric- tions: No person other than members of the family residing on the premises shall be engaged in the conduct or support of such occupation. (b) No stock in trade shall be displayed or sold on the premises. (e) Only sales incidental to the home occupation shall be permitted. (d) The home occupation shall be conducted entirely within the prin- cipal dwelling unit, and in no event shall such use be visible from any other residential structure or a public way. - 46 - °"434 , d445 I~OOK (e) The use of the dwelling unit for the home occupation shall be incidental and subordinate to its use for residential purposes, and no more than twenty-five (25) percent of the building floor area shah be used in the conduct of the home occupation. There shall be no outdoor storage of equipment or materials used in the home occupation. (g) No more than one (1) vehicle shah be used in the conduct of the home occupation. '(i) No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisance outside the residential structure shah be used. No home occupation shah be permitted that is noxious, offemive, or hazardous by reason of vehicular traffic generation or emission of noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation, or other objectionable emissions. O) No traffic shah be generated by such home occupation in greater volume than would normally be expected in a residential neighbor- hood, and any need for parking generated by the conduct of meh home occupation shah be met off the street and other than in a required front yard. S~etion 3.2.902 Noneonfomniti~ (1) ~ The purpose of this seetion is to regulate and limit the continued exis- tence of uses, lots, signs, and structures established prior to the ef- fective date of the Ordinance that do not conform to the provisions of this Ordinance. Many nonconformities may continue, but the provisions of this section are intended to curtail substantial investment in non- conformities and to bring about their eventual elimination, when appro- priate, in order to preserve the integrity of the Zoning District. (2) Noneonfo~rninff Uses (a) Authority to Continue (b) Nonconforming uses of land and nonconforming uses of struetures may continue in accordance with the provisions of this section. Ordinary Reoair end Maintennngp Normal maintenance and repair of nonconforming uses may be performed. - 47 - °"434 BOOK, (iO Nonconforming uses shall not be expanded. This prohibition shall be eomtrued so as to prevent the: (i) Enlargement of nonconforming uses by additions to the struc- ture in which such nonconforming uses are located, including enlargement of a conforming structure in which a noncon- forming use is located, or The occupancy of additional land, unless the provisions of this O~dinanee are met. (d) R~afion The structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitatiom of the Zoning District into which it is moved. A nonconforming use shall not be changed to any other use unless sueh use conforms to the provisiom of this Ordinance. (f) :r l tna:i. (i) Abandonment or D/seontirn~aqce When nonconforming use of a structure is discontinued or abandoned for twelve (12) months, then the noneortforming use structure may not be restored. (ii) Darnm~'e or Destruction If a structure housing a nonconforming use is damaged or destroyed by fifty (50) percent or more of the fa/r market value of the structure, then the nonconforming use structure may not be restored. (3) Noneonfo~rnin_~ Struetur~ (a) Authority to Continue, A nonconforming structure devoted to a use permitted in the Zoning District in which it is located may be continued in accord- ance with the provisions of this Ordinance. (b) Oz~iinaev Reoaie and Ma/ntenance Normal maintenance and repair of nonconforming structures may be performed. (c) (d) Any expansion of a nonconforming structure shall be in conform- ance with the provisions of this Ordinance. This shall not prevent expansion as long as the nonconformity is not increased. A nonconforming structure that is moved shall thereafter conform to the regulations of the Zoning District in which it is located after such move. (e) Termination upon Darna~e or Destmetiorl Any part of a nonconforming structure that is damaged or destroy- ed to the extent of fifty (50) percent or more of the fair market value of said structure shall not be restored unless that part conforms to the provisions of this Ordnance. (4) Noneonformin~ Lots of Record In any district in which dw~ are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record existing on the effective date of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot falls to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than thnse applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and requirements other than those applying to area or width, shall be obtained only through action of the Board of Adjustment. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record on the effective date of this Ordinance, and ff all or part of the lots do not meet the requirements esteblished for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance. - 49 - 434 500K Ssetion 3.2.903 Grade of Residenfisl Buildin~ (2) The minimum first floor elevation of all residential buildings shall be at least eighteen (18) inehas above the crown of any street adjacent to the lot or shall meet the minimum base flood elevation, whiehever is higher. When topegraphieal conditions are such that compliance with this sub- section would be impracticable or cause grade level conditions detrimen- tal to adjacent or nearby property, the Development Coordinator shall grant relief from the provisions of this subsection. Section 3.2.904 Filled Land Any filled land created in the unincorporated area of St. Lueie County shall be filled so that the settled elevation of such land shall be at least five (5) feet above mean sea level (M.S.L.), as measured by U.S.C. and G.S. Datum. Section 3.2.905 Bufldin~ Snaeimr Fom,k (1) ~ The purpose of this section is to insure the minimum distance between any multiple family, hotel, or motel buildings and any other building or any property line shall be regulated according to the length and height of such multiple family, hotel, or motel building. (2) These requirements shall apply to all multiple family dwellings, hotels, and motels, and to all aeeessory uses with two (2) or more floors that are customarily associated with and subordinate to the principal use. (3) Maximum Horizontsl Dimension The maximum horizontal dimension of any building shall be three hundred (300) feet, including all deck areas and enclosed and covered walkways, as measured between the farthest points of such buildings. (4) Foiwnulas for Minimum Distsnee Between Buildings and Prooerv Lines. (a) Between Buildir~_ ,~ The formula regulating the required minimum distance between two (2) buildings (referred to as Building A and Building B) is as fo1- lows: - 50- 434 . 1449 (b) D ~ LA + LB + 2(HA + HB) 4 Between Building_ and Peoperty Line The form,,l~ re6n,leting the required minimum distance between a building (referred to as Building A) and a property line is as follows (e) D "' LPL + 2(HA) Formula Symbols and Definitio~q The symbols used in the fomula described in Section 3.2.905(4)(a) and (b) mean the following: (i) (ii) (iii) (iv) (v) (vi) (vii) D is the required minimum horizontal distance between any wall of Building A and any wall of Building B (or the vertical extension of either) or between any wall of a~.y building and a property line. LA is the total length of Building A. The total length of Building A is the length of that portion or portiom of a wall or w~,]'m.,, of Building A from which, when viewed directly from above, lines drawn perpendicular to Building A will intersect any wall of Building B. LB is the total length of Building B. The total length of Building B is the length of that portion or portions of a wall or w~]].~ of Building B from which, when viewed directly from above, lines drawn perpendicular to Building B will intersect any wall of Building A. LPL is the total length of the property line. The total length of the property line is the length of that portion or portions of the property line from which, when viewed directly from above, lines drawn perpendicular to the property line will intersect any wall of any building. HA is the height of Building A. HB is the height of Building B. Length of w,lh or property lines shall be measured as the horizontal distance from corner to corner. Wall length of a circular building shall be cor~tmed as the diameter or longest chord of the building, with the exception of ground floor area. - 51 - o, 434 , d450 BOOK (viii) The term "wall or wall.~n shall include porches, balconies, deck areas, and enclosed or covered wa]kways with the exception of ground floor area. Section 3.2.906 Use of Residantizl Prooeetv for Access No residentially zoned property shall be used for driveway, walkway, or any other access purpose to any nonresidentially zoned land, or to any land used for a purpose not permitted in a residentially zoned district. Section 3.2.907 Animsl.~ in Resid~-ntial Distrief~ No animals shall be kept in may residential district except those animals generally recognized as household domestic pets, such as dogs, cats, and caged birds, etc. In any residential district, no more than three (3) dogs or eats over four (4) months of age shall be kept on any lot. In the AR-1 district, animals other than household domestic pets may be kept provided they are not housed within one hundred (100) feet of any property line. Seation 3.2.908 Prohibition of Outdoor Disnlavs in Commercial Zoninff Districts In all commercial zoning districts, all activities except the display for sale of motor vehicles, marine craft, aircraft, recreational vehicles, mobile homes, farm and construction equipment and vehicles, farm and garden supplies, stone products, and the location of dispeming equipment and devices shall be in a completely enclosed structure. Section 3.2.909 Base Building Line Setback Reauirements Base Building Lines are hereby established from which all front, side, and rear yard setbacks are to be measured. For all thoroughfares in St. Lueie County the base building line dimension from centerline shall be in accordance with dimensions shown on the Base Building Line Information Chart. For all other roads not referenced in Table 2, the base building line dimension shall be thirty-five (35) feet. In any ease when a thoroughfare right-of-way from eenterline is greater than the base building line dimension as hereby established, the right-of-way line shall serve as the basis on which to measure front, side and rear yard setbacks. Section 3.2.910 Mobile Food Vendor's In the Commercial, General (CG) and Commercial, Tourist (CT) zoning districts, a mobile food disperaing vehicle which sells prepared food products and mobile units that sell ngrieultural produce may be permitted, but only with the written permission of the property owner. A mobile food dispensing vehicle is defined in section 2.2.000(82). , 1451 BOOK "C:o °"434 ~,~d452 BOOK - 53- SECTION 3.3.000 ZONING DISTRICT PURPOSES AND USE RF. GULATIONS Seetion 3.3.100 Zonirur Districts and Uses Section 3.3.101 AR-1 A~rieultural Residenti~! (1) ]~lRg. ga~ The purpose of this district i~ to provide and protect an environment suitable for single family dwellings at a maximum density of one (1) dwelling unit per grc~s acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. (2) Permitted USes (3) (a) Detached single family dwelling units. (b) Parks. (e) Playgrounds and athletic areas. (d) Swimming beaches. (e) Home Occupations subject to the requirements of Section 3.2.901. (f) Farm animals subject to the requirements of Section 3.2.907. Lot Size Re~uiements Lot size requirements shall be in accordance with Table i in Seetion 3.2.400. (4) Dimensional Re~ulntions Dimensional requirements shall be in accordance with Table I in Section 3.2.400. (5) Offstreet Parkir~ Reouirments Offstreet parking requirements shall be in accordance with Section 3.2.500. (6) Conditional USes (a) Congregate care facilities - maximum of four (4) residents who are not related by blood or marriage to the family. (b) Electric utility transmission lines, rights-of-way, and substations. (e) Farms and ranches. (cO Fruits and vegetables - retail. (e) Gas utility pipelines, rights-of-way, and pressure control stations. (f) Other pipeline and transmission rights-of-way and pressure control stations. - 54- 434 (h) (i) Railroad rights-of-way. Riding stables. Veterinarian and hortieultural services. Water irrigation and drainage facilities. (7) Accessory uses su~eet to the reouirements of Section 3-2.300. - 55 - ~00~434 ~,~d454 Section 3.3.102 RE-2 Resid~nH~l. Estat~-~ (1) Eumm The purpose of this district is to provide and protect an environment suitable for single family dwellings at a maximum gross deraity of two (2) dwelling units per acre, together with such other uses as may be necessary for and eompat/ble with low demity residential surroundings. (2) Permitted Uses (b) (cO (e) (f) (i) (it) (iii) (iv) Detached single family dwelling units. Docks and boat houses. provided that; The property is at least two (2) acres. No more than two (2) horses ate kept. The horses ate to be for the private and personal use of the resident and his family. The horses are to be stabled at least one hundred fifty (150) feet from any residence under separate ownership and three hundred (300) feet from the edge of the right-of-way of any street. Parks. Playgrounds and athletic areas. Swimming beaehas. Home Occupations subject to the requirements of Seetion 3.2-q01. (3) Lot Size Reauirements Lot size requirements shall be in aeeordanee with Table i in Section 3.2.400. (4) Dimensional Re.relations Dimensional requirements shall be in accordance with Table I in Section 3.2.400. (5) Offstreet Parkinff Reouieements Offstreet parking requirements shall be in accordance with Seetion 3.2.500. (6) Conditional Uses Congregate care facility - maximum of four (4) residents who are not related by blood or marriage to the family. - 56 - ' 434 ,, E1455 ~00{~ (b) Electrical utility transmission lines~ rights-of-way, and sub-stations. (e) Gas utility pipelines, rights-of-way, and pressure control stations. (d) Other pipeline and transmission rights-of-way and pressure control stations. (e) tL~__i!road rights-of-way. (f) Veterinarian and horticultural services. (g) Water irrigation and drainage facilities. (7) Accessory uses subieet to the ~eoui~ements of Section 3.2.31]0 Guest house: One (1) guest home per single family dweLting, provided that upon receiving a building permit for this use the property owner sign a notarized statement to the effect that under no circumstances shall the guest house be used for rental purposes, seasonal or annual. - 57- 434 Section 3.3.103 RS-2 (1) ~ Residentin_]. Single Fzmil_v - 2 The purpose of this district is to provide and protect an environment suitable for single family dwellings at a maximum density of two (2) dwelling u~ts per groas acre, together with such other uaes as may be necessary for and compatible with low density residential surroundings. (2) Permitted Uses (a) Detached single family dwelling units. (b) Parks. (e) Playgrounds and athletic areas. (d) Swimming beaches. (e) Home Occupations subject to the requirements of Section 3.2.901. (3) Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 3.2.400. (4) Dimensional Re~,,lations Dimensional requirements shall be in accordance with Table 1 in Section 3.2.400. (5) Offstreet Parking_ Requirements Offstreet parking requirements shall be in accordance with Section 3.2.5OO. (6) Conditional Uses (a) Congregate care facility - maximum of four (4) residents who are not related by blood or marriage to the family. (b) Electric utility transmission lines, rights-of-way, and substations. (e) G~s utility pipelines, rights-of-way, and pressure control stations. (cO Other pipeline and transmission rights-of-way and pressure control stations. (e) Railroad rights-of-way. (f) Water irrigation and drainage facilities. (7) Aeeessor? uses subject to the reauieements of Section 3.2.300 - 58 - S~etion 3.3.104 (~) ~ RS-3 Residential. Sir~_l~ ~amflv - 3 The purpose of this distriet is to provide and protect an environment suitable for single family dwelliP~s at a maximum density of three (3) dwelling units per gross aere, together with such other uses as may be necessary for and compatible with low density residential surroundings. (2) Permitted Uses (a) Detached single family dwelling units. (b) Parks. (c) Playgrounds and athletic areas. (d) Swimming beaches. (e) Home Occupations subject to the requirements of Section 3.2.90I. (3) Lot Si~.e Reauirement~ Lot size requirements shall be in aeeorclance with Table 1 in Section 3.2.400. (4) Dimensional Regulations Dimensional requirements shall be in accordance with Table i in Section 3.2.400. (5) Offstreet Parking_ Requirement-~ Offstreet parking requirements shall be in aeeorclanee with Section 3.2.500. (6) Conditional LT~o~ (a) Congregate care facility - maximum of four (4) residents who are not related by blood or marriage to the family. (b) Electric utility transmission lines, rights-of-way, and substations. (c) Gas utility pipelines, rights-of-way, and pressure control stations. (d) Other pipeline and transmission rights-of-way and pressure control stations. (e) Railroad rights-of-way. (f) Water irrigation and drainage facilities. (7) Accessory uses subject to the reouirements of Section 3.2,300 - 59 - °'434 , d458 5OOK Section 3.3.105 Residential. 5ir~le Family The purpose of this district is to provide and protect an environment suitable for single family dwellings at a maximum demity of four (4) dwelling units per gross acre, together with such other uses ns may be necessary for and compatible with low demity residential surroundings. (2) (a) Detached single family dwelling units. (b) Parks. (e) Playgrounds and athletic areas. (d) Swimming beaches. (e) Home Occupations subject to the requirements of Seetion 3.2.901. (3) Lot Size Req_ui~ements Lot size requirements shall be in accordance with Table 1 in Section 3.2.400. (4) Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 3.2.400. (5) Offstreet Pavkir~r_ Re_oui~ements Offstreet perking requirements shall be in accordance with Seetion 3.2.500. (6) Conditional Uses (a) Congregate care facility - maximum of four (4) residents who are not related by blood or marriage to the family. (b) Eleetrie utility transmission lines, rights-of-way, and substations. (e) Gas utility pipelines, rights-of-way, and pressure control stations. (d) Other pipeline and transmission rights-of-way and pressure control stations. (e) Railroad rights-of-way. (f) Water irrigation and drainage faeilities. (7) Accessory uses suhieet to the recmirements of Section 3.2.300 . d459 - 60- bOOK S~etian 3.3.106 RMH-5 Resid~ntisL Mobile Home (1) Pumc~e and Intent The purpose and intent of this district is to provide for the permanent location of mobile homes for residential purposes, together with such other non-residential uses ss may be necessary for and eompatibla with mobile homes. (2) Permitted Uses (a) Mobile Homes. (b) Mobile home subdivisions. (c) Parks. (d) Playgrounds and athletic areas. (e) Swimming beaches. (f) Mobile home parks. Mobile home parks may be constructed, erected and used if the following minimum requirements are met; along with the other provisions of this section. (i) Minimum Ae~'ea~_e Requieement~ A park shall be permitted only on tracts of land of ten (10) acres or more, having a minimum frontage of sixty (60) feet on a paved pubUe road. (ii) Aeeessoev Uses Parks, playgrounds, swimming pools, tennis courts, pienie areas, playing fields, bicycle paths, community centers, clubhouses, and office facilities may be constructed, erected and used to meet the needs of the residents of the parks. be In parks of one hundred (100) or more lots, retail and personal service establishments, intended exclusively for the use of the residents. (iii) Common O~_en S_naefi At least ten (10) percent of the gross site area shall be set aside as common open space and recreation facilities for the use of residents of the park, such as play- grounds, swimming pools, community buildings, pedestrian and bicycle paths, and playing fields. be Common open spaces shall be laid out according to the foUowing standard~ Common open space shall not include streets, parking lots, pubUe rights-of-way, or sites for water and sewage treatment plants. 5001~ - 81- Up to fifty (50) percent of stormwater retention areas and canals may be included in the eeleu- hition of common open space. Pedestrian and bieyele paths forming part of a common open space shall be at least six (6) feet in width, and shall, where praetieable, form part of a system leading to principal destinations. Common open spaeas shall be linked together or otherwise made accessible to all residents of the park. (iv) T~affie Circulation All parks shall be provided with an on-site paved street system providing safe, convenient, and direct vehicular access to each mobile home space. All streets must have a minimum right-of-way of thirty (30) feet. All paving must be performed to county speeffieatiom. Park entrance paving shall be at least thirty-six (36) feet wide for a distance of one hundred (100) feet from the project entrance, and park streets shall be marked or signed. (v) There shall be a landscape buffer around all mobile home parks of at least twenty-five (25) feet in width. (vi) Emergenav Shelter In mobile home parks or subdivisions of twenty-five (25) or more lots, an on-site emergency shelter shall be provided. Requirements for the eoustruetion, size, and equipping of this shelter are to be obtained from the St. Lueie County Offlee of Disaster Proparedness. (g) Aeeessory Uses as provided in Section 3.2.300. (h) Home occupations subject to the requirements of Sect/on 3.2.901. (3) Density; Aura_. Yawl_. and Height R~q_ui~nerl~ The density and dimensional requirements shall be in accordance with Table 1 in Section 3.2.400. (4) ~ Parking shall be in accordance with Seetion 3.2.520(t). - 62- (5) Land.ay/ns (6) Landscaping shall be in accordance with Section 3.2.600. Conditional Us~s (a) Electric utility transmfssion Unes, rights-of-way, and substations. (b) Gas utility pipelines, rights-of-way, and pressure control statiom. (e) Other pipeline and transm/ssion ri~hts-of-way and pressure control stations. (d) Railroad rights-of-way. (e) Water irri~ation and drainage facilities. - 63 - 434 , i462 Section 3.3.107 R~sidenti~: _Multiple Fsmi~ - 5 The purpose of this distriet is to provide and proteet an environment suitable for single family, two-family, three-family, and multiple-family dw~{_lings at a maximum density of five (5) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential surroundings. (2) Permitted U~s (a) Detached single family dwelling units. (b) Multiple-family dwelling units. (e) Parks. (d) Playgrounds and athletic areas. (e) Swimming beaches. (19 Two and three-family dwelling units. (g) Home Occupations subject to the requirements of Section 3.2.901. (3) Lot Size Reouirements Lot size requirements shall be in aeeordanee with Table 1 in Section 3.2.400. (4) Dimensional Regulatiorks Dimensional requirements shall be in accordance with Table 1 in Section 3.2.400. (5) Offstreet Parkimr Reouirements Offstreet parking requirements shall 'be in accordance with Section 3.2.500. (6) Landscaping_ Requirements Landscaping requirements shall be in accordance with Section 3.2.600. (7) Conditional Uses (a) Congregate care facility - maximum of four (4) residents who are not related by blood or marriage to the family. (b) Electric utility transmission lines, rights-of-way, and substations. (e) Gas utility pipelines, rights-of-way, and pressure control stations. (d) Other pipeline and transmission rights-of-way and pressure control stations. (e) Railroad rights-of-way. (19 Water irrigation and drainage facilities. (8) Aeeessor7 .Uses sub_feet to the reouirements of Section 3.2.300. °" 434 - 64- BOOK Section 3.3.108 (1) RM-11 Residential Multiole Family- 11 The purpose of this district is to provide and protect an environment suitable for single family, twc-family, three-family, and multiple-family dwellings at a maximum density of eleven (11) dwelling units per gross acre, together with such other uses as may be necessary for and eom- patible with medium density residential surroundings. (2) Permitted Uses (a) Detached single family dwelling units. (b) Multiple-family dwelling units. (c) Rooming and boarding houses. (d) Two and three-family dwelling units. (e) Parks. (f) Playgrounds and athletic areas. (g) Swimming beaches. (h) Home Occupations subject to the requirements of Section 3.2.901. (3) Lot Si~e Requirements. Lot size requirements shall be in accordance with Table 1 in Section 3.2.400. (4) ]~ Re?,,l-tions Dimensional requirements shall be in accordance with Table I in Section 3.2.400. (5) .Offstreet Parkinff Requirements Offstreet parking requirements shall be in accordance with Section 3.2.500. (6) Landseap_ in~_ Reouirement.~ Landscaping requirements shall be in accordance with Section 3.2.600. (7) C~ndition.1 Uses (a) Congregate care faeility- maximum of four (4) residents who are not related by blood or marriage to the family. (b) Electric utility transmission lines, rights-of-way, and substations. (e) Gas utility pipelines, rights-of-way, and pressure control stations. (d) Other pipeline and transmission rights-of-way, and pressure control stations. (e) Railroad rights-of-way. (f) Water irrigation and drainage facilities. (8) Accessory uses subieet to the reouir~ments of Section 3.2.300. - 65- 434 8,OOK Section 3.3.109 (1) ~ Resident!.1; Multiple Family - 18 The purpose of this district is to provide and protect an environment suitable for two-family, three-family, and multiple-family dwellings at a maximum density of eighteen (18) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with high density residential surroundings. (2) Permitted Uses (a) Multiple-family dwelling units. (b) Rooming and boarding houses. (e) Two and three-family dwelling units. (cO Parks. (e) Playgrounds and athietie areas. (f) Swimming beaches. (g) Home Occupations subject to the requirements of Section 3.2.901. (3) Lot Size Reouirements Lot size requirements shall be tn accordance with Table 1 in Section 3.2.400. (4) ]~L~iignsional Re~ul. tion.~ Dimensional requirements shall be tn aeeordanee with Table 1 in Section 3.2.400. (5) Offst~eet Parking_ Re~,iPements Offstreet parking requirements shall be tn accordance with Section 3.2.500. (6) _Landseapir~_ RequiremenLs Landscaping requirements shall be in accordance with Section 3.2.600. (7) Conditional (a) Congregate care facility - maximum of four (4) residents who are not related by blood or marriage to the family. (b) Electric utility transmission lines, rights-of-way, and substations. (e) Gas utility pipelines, rights-of-way, and pressure control stations. (d) Other pipeline and transmission rights-of-way and pressure control stations. (e) Railroad rights-of-way. (D Water irrigation and drainage facilities. (8) Accessory uses subiect to the reauirements of Section 3.2.300. - 66 - "" 434 . d465 BOOK Section 3.3.110 (1) ummc Cig Commercial. Neighborhood The @urpcse of this district is to provide and proteet an environment suitable for limited retail trade and service aetivitias covering a rela- tively small area and that is intended to serve the population living in surrounding neighborhoods. (2) Permitted Uses (a) Beauty and barber services. (b) Financial, insurance, and real estate services. (e) Laundering and dryeleaning - self service. (d) Legal and professional services. (e) Medical and other health services - Physician's services, dental ser- vices, and medical clinic and outpatient services. (f) Parks. (g) Photcgrophie serviees. (h) Playgrounds and athletic areas. (i) Retail trade: (i) Apparel and aeeessories. (ii) Book and stationery sales. (iii) Drugs, medicines and notions. (iv) Eating establishments. (v) ood. (vi) Sporting goods and bicycle sales. (3) Lot Size Re_ouir~m~nt~ Lot size requirements shall be in accordance with Table 1 in Section 3.2.400. (4) Dimensional ReduCtions Dimensional requirements shall be in eceordanee with Table 1 in Section 3.2.400. (5) Offst~t Pa~kir~ and Loadin~ Reou~ement.~ (6) Offstreet parking and loading requirements are subject to Seetion 3.2.500. Landsem~ir~ Re~u_ ivemellt~ Landscaping requirements are subject to Section 3.2.600. - 67- o 1434 , d466 (7) Conditional Uses (a) Electrical utility transmission lines, rights-of-way, and substations. (b) Gas utility pipelines, rights-of-way, and pressure control stations. (e) Other pipeline and transmission rights-of-way and pressure control stations. (d) Postal facilities. (e) Railroad rights-of-way. (f) Water irrigation and drainage facilities. (8) Aee~sso~_ uses su~eet to the requirements of Section 3.2.300. including: (a) Bakery products - manufacturing. (b) Confectionery and related products - manufacturing. (c) Fuel and ice - retail. (d) Motor vehicle parking facilities. (e) Sale of alcoholic beverages for on-premises consumption as an accessory to eating establishments. (f) Sale of undistilled alcoholic beverages for off-premises consumption as an accessory to retail food sales. (g) Swimming pools. Section 3.3.111 CO Camm e~eial_, Offi~, (1) The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office (2) Permitted Uses (a) Business services: advertising, business, and management consulting; duplicating, mail/ng, and stenographic services; employment services. (b) Detective and protective services. (e) Executive, legtsiative and judicial funetiom. (d) Financial, insurance, and real estate services. (e) General eonttect construction services - office only. (f) Legal and professional services. (g) Medical and other health services - physicians' services, dental serviees, medical laboratory services, dental iaboratory services, and medical clinics outpatient service. (h) Membership organizations (business offices); business offices for professional membership organizations; business associations; labor and labor-related organizations. (i) News syndicate services. (9 Parks. (k) Playgrounds and athletic areas. (1) Radio and television -studios and offices. (m) Research, development, and testing services. (n) Telephone and telegraph facilities. (3) Lot Size Reauirements Lot size requirements shall be in accordance with Table 1 in Section 3.2.400. (4) Dimensional Re~-l~tion~ Dimensional requirements shall be in accordance with Table 1 in Section 3.2.400. (5) Offst~eet P~kir~ and Loadin~ Reauieements Offstreet parking and loading requirements are subject to Section 3.2.500. (6) Landsaaoin? Re~u_ i~emeom Landscaping requirements are subject to Section 3.2.600. - 69 - (?) Conditional 1.7~es (a) Electrical utility transmission lines, rights-of-way, and substations. (b) Gas utility pipelines, rights-of-way, and pressure eontro! stations. (e) Other pipeline and transmission rights-of-way and pressure control stations. (d) Postal facilities. (e) Railroad rights-of-way. (f) Water irrigation and drainage facilities. (8) Aeeessor? uses subject to the reauirements of Section 3.2.300 ineluding~ (a) Eating places. (b) l~otor vehicle parking facilities. (c) Swimming pool~. - 70- 434 ,~e tion 3.3.112 CG Commercial. General The purpose of this district is to provide and protect an environment suitable for a Wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be neeessar7 to and compatible with general eommereial surroundings. (2) Permitted Uses (a) Amusements, other than fairgrounds and amusement parks. (b) Beauty and barber services. (e) Business services: advertising business, business, and management consultation serviees~ duplicating, mailing and stenngraphie services; and employment services. (d) Commercial printing. (e) Cultural and entertainment assembly and recreational activities - excluding a sports stadium. (f) Detective and protective services. (g) Executive, legislative, and judicial funetions~ protective functions and related activities. (h) Financial, insurance, and real estate services. (i) Funeral and crematory services. (j) Gasoline service stations. (k) General contract construction services - offices only. (1) Laundering, dry eleaning, and dyeing services - commercial. (m) Legal and professional services. (n) Medical and other health services -ph~ieians' services; dental services; medical laboratory services; dental .laboratory services; medieal elinie~ and outpatient services. (o) Membership organizations (business offices); business offices for professional membership organization~ business aasoeiations~ labor and labor-related organizations; and civic, social and fraternal associations. (p) Motor vehicle and other repair services (not including motor vehicle body repair serviees). (q) Motor vehicle parking facilities. (r) News syndicate services. Parks. Photographic and photofinishing services. Playgrounds and athletic areas. Postal services. Radio and television communication. Renting and leasing = automobile, truck, and other equipment. Research and development, and testing services. Retail trade: (i) Antiques and second-hand merchandise. (ii) Apparel and accessories. (iii) Automotive, marine erst, aircraft, mobile homes, and acces- sories. (iv) Books and stationery. (s) (t} (~ (v) (w) (x) ~) °"434 , 1470 - ?1- (v) (vi) (vii) (viii) (x) Dmgs~ medicine and notiom. Eating establishments. Farm and garden supplies. Food o Funliture~ home furniture and fixtures. General merchandise Hardware and farm equipment. Jewelry. (aa) Special trainir~ and sehoolir~. (bb) Sports aetivities- bowlin~, racquet sports, ice skatir~, and roller skating. (ee) Telegraph and telephone facilities. (dd) Travel arranging and ticketing services. (ee) Warehousin~ and stcea~e services - household goods warehousin~ and sto~a~e. (fl) Wdfare and charitable services. (3) Lot Size Requiremenlli Lot s/ze requirements shall be in aeeordanee with Table 1 in Section 3.2.400. (4) Dimensional R~ulations Dimensional requirements shall be in accordance with Table 1 in Section 3.2.400. (5) Offst~et Pal~ir~_ and Loading Requi~meqt~ Offstreet parking and loading requirements are subject to Section 3.2.500. (6) Landsea~ir~_ Req_u/l'~i)ents Landscaping requirements are subject to Section 3.2.$00. (7) Conditional Us~s (a) Animal hospital and veterinarian services. (b) D~inking establishments. (e) Dwelling and other building services. (d) Electric transmission lines, rights-of-way, and substatiom. (e) Gas utility pipelines, rights-of-way, and substations. (f) Motor vehicle body repair services. (g) One detached single family dwelling for security purposes per property. Other pipeline and transmission rights-of-way and pressure control stations. (i) Railroad rights-of-way. (j) Retail trade: (i) Bufldin~ materials. (ii) Liquor. - 72- ~OOK (k) Water irrigation and drainage facilities. (]) Adult establishments subject to the following requirements: (i) An adult establishment shall be at least 1,000 feet from any other adult establishment, established church, public or private school, public playground, public park, or any area in' zoning district AR-l, RE-2, RS-g, RS-3, RS-4, RMH-5, RM-5~ RM-11, RM-18, RVP, PUD, or HIRD. (ii) For purposes of the distance limitations set forth in subpara- graph (i) above, the measurement shall be made by extending a straight line from the main entrance of the building of the a~lt establishment to: the main entrance of the building occupied by any other adult establishment or any established church, or be the nearest property line of any school, playground, park, or residential zoning district. (8) Accessory_ uses subieet to the re~_,j}rements of Section 3.2.300: ineludin~.- (a) Bakery products - manufacturing. (b) Confectionery and related products - manufacturing. (e) Fuel and ice - retail. (d) Sale of alcoholic beverages for on-premises consumption as an accessory to eating establishments. (e) Sale of undisti{led alcoholic beverages for off-premises consumption as an accessory to retail food sales. Sc~tion 3.3.113 Commercial. Tourist The purpose of this distriet is to provide and protect an environment suitable for tourists, vacationers and others seeking tramient accommo- dations, recreation or commercial entertainment, together with such other uses as may be necessary to and compatible with tourist eommereiai surroundings. (2) Permitted Uses (a) Amusements other than amusement parks and fairgrounds. (b) Automobile and truck rentals. (e) Cultural and entertainment assembly and recreational activities and facilities - including sports stadium. (cf) Eating establishments. (e) Gasoline service stations. (f) Golf courses with or without clubhouse facilities. (g) Hotels, tourist courts, motels, transient lodging and other short-term occupancy - 4 weeks or less. (h) Nature exhibitions. (i) Parks. (j) PLaygrounds and athletic areas. (k) Sports activities: rollerekating, ice skating, racquet sports, and bowling. (1) Resorts. (m) Retail trade: (i) rood. (ii) Fruits and vegetables. (n) Rooming and boarding houses. (o) Swimming beaehes. (p) Swimming pools and water playgrounds. (q) Travel arranging and ticketing services. (3) Lot Size Re~u_ iremen~ Lot size requirements shall be in accordance with Table I in Section 3.2.400. (4) Dimensional Re?u L~tioP.~ Dimensional requirements shall be in accordance with Table I in Section 3.2.400. (5) Offstreet Parkir~r and Loadin~ Reaui~ement.~ Offstreet parking and loading requirements are subject to Section 3.2.500. - 74- [~OOK (6) Landscaping Requlrement~ Landscaping requirements are subject to Section 3.2.600. Conditional Uses (a) Amusement parks and fairgrounds. (b) Drinking establishments. (e) Electric transmission lines, rights=of-way, and substations. (d) Gas utility pipelines, rights=of-way, and pressure control stations. (e) Marinas. (f) Other pipeline and transmission rights=of-way and pressure control stations. (g) R-H~oad rights-of-way. (h) Retail trade: (i) Liquor (i) Sports and public assembly. (j) Water irrigation and drainage facilities. (8) Accessory uses sub_ieet to the requirements of Section 3.2.300: including; (a) Fuel and ice - retail. (b) Motor vehicle parking facilities. (e) Sale of alcoholic beverages for on-premises consumption as an accessory to eating establishments. (d) Sale of undistflled alcoholic beverages for off-premises consumption as an accessory to retail food sales. ""434 , 1474 I~OOK - ?5- Section 3.3.114 IL Industrial Light (1) ~ The purpose of this district is to provide and protect an environment suitable for light mao~fecturing, wholesale and warehousing activities that do not impose undesirable noise, vibration, odor, dust or other offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with light industrial surroundings. (2) Pe~nitted Uses (a) Automobile and truck rental services. (b) Contract Comtruetion Services. (e) Sorting, grading, and packaging services (fruits and vegetables). (d) Dwelling, building, and general construction services. (e) Electric utility transmission lines, rights-of-way, and substations. (f) Equipment rental and leasing services. (g) Gasoline service stations. (h) Gas utility pipelines, rights-of-way, and substations. (i) Laundering, dry cleaning, and dyeing services. Manufecturtng: (i) Apparel and other finished products. (ii) Bakery Products. (iii) Beverages. (iv) Brooms and brushes. (v) Confectionery Products. (vi) Costume jewelry, costume novelties, and notions. (vii) Dairy Products. (viii) Fabricated metal products. (ix) Jewelry, silverware, and platedware. (x) Lamp shades. (xi) Mobile Homes and accessories. (xii) Morticians' goods. (xiii) Pens, pencils and other office and artists' materials. (xiv) Photogrephie equipment and supplies. (xv) Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (xvi) Plywood and prefabricated structural wood products. (xvii) Professional and precision instruments. (xviii) Signs and advertising displays. (xix) Toys, amusements, sporting and athletic goods. (xx) Umbrellas, parasols, and canes. Millwork. Motion picture production and distribution services. Motor freight transportation. Motor vehicle and other repair services. Motor vehicle parking facilities. (p) News syndicate services. (q) Other pipeline and transmission rights-of-way and pressure control (~ (~ (m) (n) (o) stations. (r) Photofinishing services. (s) Printing and publishing. (t) Railroad rights-of-way. - 76- ° 434 (u) Retail trade: (i) Automotive, marine craft, accessories. (ii) Electrical goods and supplies. (v) (w) ~) (aa) (iv) (v) (rio (viiO (ix) aircraft, mobile homes, and Farm equipment. Farm and garden supplies. Furniture and home furnishings. Groceries and related products. Hardware, plumbing and heating equipment, and supplies. Lumber and other building materials. Tires, batteries, and accessories. Research and development, and testing services. Ship, boat building and repairing - less than forty-five (45) feet. Transportation services and arrangements - packing, and crating, and other like services. Warehousing and storage - excluding stockyards. Water irrigation and drainage facilities. Wholesale trade: (i) Automotive, marine craft, aircraft, mobile homes (iii) (iv) (v) (vO (vii) (viii) (ix) (x) (xO (xiO (xiii) ~iv) freight forwarding, accessories. Beer, wine and distilled alcoholic beverages. Drugs, chemicals and allied products. Dry goods and apparel. Eleetrieal goods and supplies. Farm products (raw materials). Furniture and home furnishings. Groceries and related products. Hardware, plumbing and heating equipment, and supplies. Lumber and other building materials. Machinery, equipment, and supplies. Merchandise and vending machine operators. Paper and paper products. Tobacco and tobacco products. and (3) Lot Si~e Reaui~ements Lot size requirements shall be in accordance with Table 1 in Section 3.2.400. (4) Dimensional Re~,lntioo.~ Dimensional requirements shall be in accordance with Table I in Section 3.2.400. - 77- ° 434 . d476 BOOK (5) Offstreet Parkir~ and Loadin~ l~eauirements Offstreet parking and loading requirements are subject to Section 3.2.500. (6) Landseaoin~ Reauirements Landseaping requirements are subject to Section 3.2.600. (7) Conditional Uses (a) Canning and preserving of fruits/vegetables/seafood. (b) Furniture and fixtures - manufacturing. (8) Aeeessor~ uses subieet to the reauirements of Section 3.2.300 ineludirlg: (a) Fueling facilities. (b) One detached single family dwelling for security purposes per property. (e) Retail trade accessory to the primary manufacturing use. 434 S~ation 3.3.115 III I nrh,.~t~ial: Heavy_ (1) ~ The purpose of this district is to provide an environment suitable for heavy manufacturing and other activities that may impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area together with such other non-residential uses as may be necessary to and compatible with heavy industrial surroundings. (2) Permitted Uses Any use permiitted in the Industrial Light (IL) Zoning District except that retail trade shall be permitted only as an accessory use, as provided below. (a) Agricultural processing. (b) Dwelling, building, and general construction services. (e) Electric utility transmission lines, rights-of-way, and substations. (d) Equipment rental and leasing. (e) Fishing activities and related services. (f) Fur dressing and dyeing. (g) Gas utility pipelines, rights-of-way, and substations. (h) Laundering, dry cleaning, and dyeing services. (i) Manufacturing: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (~ ~i) (xii) (xiii) ~iv) ~v) (xvi) ~i) (xviii) (x 0 (xxi) 0ocli) (xxiii) (xxiv) (xxv) (xxvi) (xxvii) (xxviii) (xxix) Apparel and other finished products. Beverage. Brooms and brushes. Cement (hydraulic). Chemicals and allied products. Concrete, gypsum, and plaster products. Costume jewelry, costume novelties, and notions. Fabricated metal products. Food and kindred products. Furniture and fixtures. Jewelry, silverware, and platedware. Lamp shade. Linoleum, asphalted-felt-base, and other surface floor cover. Lumber and wood products. Machinery, equipment (including electrical). Morticians' goods. Paper and allied products. Pens, pencils, and other office and artists' materials. Photographie equipment and supplies. Professional and precision instruments. Rubber and mise~-llaneous plastic produets. Signs and advertising displays. Structural clay products. Stone, clay and glass products. Textile mill products. Tobacco. Toys, amusements, sporting goods, and athletic goods. Transportation equipment. Umbrellas, parasols, and canes. ° 434 . d478 ~OOK - '79 - (r) (s) (t) (~ (v) (w) Marine terminals. Merchandise vending machine operators. Mining services. Motion picture production and distribution services. Motor freight transportation. Motor vehicle repair and service. Motor vehicle parking facilities. Other pipeline and transmission rights-of-way and pressure control stations. Photofinishing services. Printing and publishing. Railroad rights-of-way. Research, development, and technical services. Transportation services and arrangements - freight forwarding, paeJdng and crating, and other services. Warehousing and storage services - except stockyards. Water irrigation and drainage fecilities. Wholesale trade: (i) Automotive, marine ers/t, airers/t, mobile homes, and (iD (iii) (iv) (v) (vi) (vii) (vifi) ~) ~ii) (xiii) ~iv) ~v) ~) a~eessories. Beer, wine and distilled alcoholic beverages. Drugs, ehemieais and hilled products. Dry goods and apparel. Electrical goods and supplies. Farm products. Furniture and fixtures. Groceries and related products. Hardware, plumbing and heating equipment and supplies. Lumber and other building materials. Machinery, equipment, and supplies. Metals and minerals (except petroleum and scrap). Motor vehicle and automotive equipment. Paper and paper products. Petroleum bulk statiom and terminals. Tobacco and tobacco products. (3) Lot Size Re~uh'ements Lot size requirements shall be in accordance with Table I in Section 3.2.400. (4) Dimensional Regulations Dimensional requirements shall be in accordance with Table I in Section 3.2.400. (5) Offstreet Paukir~ and Loadin~ Re~,,irements Offstreet parking and loading requirements are subject to Section 3.2.500. (6) Landseap_ ir~r R~_uir~'n ents Landscaping requirements are abject to Section 3.2.600. - 80- BOOK (?) Conditional Uses (a) (b) (e) (d) (e) (f) (h) (i) O) O0 (m) (tO (o) (p) (q) (r) Blast furnaces, steel works, and rolling and finishing of ferrous metals. Explosives and adhesives- manufacturing. Gum and wood ehemieals- mamfaeturing. Industrial ino~anie and organic chemicals- manufacturing. Iron and steel foundries. Matches - manufacturing. Natural or manufactured gas storage and distribution points. Nonferrous foundries. Ordinance and accessories -manufacturing. Paints, varnishes, lacquers, enamels, and allied products - manufae- Paving and roofing materials - manufacturing. Petroleum refining and related industries. Primary metal industries. Primary smelting and refining of nonferrous metals. Pulp - manufacturing. Reclaiming rubber. Rolling~ drawing, and extruding of nonferrous metals. Scrap and waste materials - sales~ storage~ or proeessing~ providing they eom@ly with the following provisions: (i) The yard shall be at least forty thousand (40,000) square feet and no more than two hundred thousand (200,000) square feet (ii) (iii) (iv) No junked vehicle, or any other junk or scrap shall be located for storage, dismantling or any other purpose within seventy- five (?5) feet of any residential district, within fifty (50) feet of the front street line, within thirty (30) feet of any side street line, or within thirty (30) feet of any other lot line. The yard shall be surrounded by a fence, wall, or vegetative screening eight (8) feet in height. Such fence or wall shall be of similar composition, construction and color throughout and shall be constructed without openings except for one entrance and one exit; the entrance and exit shall be equipped with unpiereed gates. Such gates shall be closed and securely locked at all times, exeept during business hours. If vegeta- tive screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted to the Plan- ning and Zoning Commission. Such vegetative screening shall eomist of a greenbelt strip at least twenty (20) feet in width adjoining adjacent lot lineS, and a greenbelt strip at least ten (10) feet in width adjoining street lineS. The greenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows of shrubs. The Planning and Zoning Commission shall approve or disapprove such request for vegetative screening. Junked or wrecked vehicles shall be stacked to a height of no more than twenty-four (24) feet. °"434 - 81- BOOK (s> (0 Secondary smelting and refining of nonferrous metals. Warehousing and storage services - stockyards. (8) Accessory uses sub/~et to the ~eauiremonts of Section 3.2.300 including.- (a) Fueling facilities. (b) One detached single family dwelling fo~ security purposes per pt'operty. (e) Retail ~ade aeeessoz~j to the primary manufacturing use. - 82 - ~OOK Section 3~.116 IX Industrial. F~traction (1) The purpose of this district is to provide and protect an environment suitable for the extraction of natural resources from the ground, together with such other us~s as may be necessary to and compatible with in- dustrial extraction surroundings. (2) Permitted Uses (a) Electric utility transmission lines, rights-of-way, and substations. (b) Fossil fuel mining and extraction operations. (c) Gas utility pipelines, rights-of-way, and substations. (d) Metal ore mining. (e) Mining and quarrying of non-metallic minerals. (f) Mining services. (g) Other pipeline and transmission rights-of-way and pressure control stations. (h) Railroad rights-of-way. (i) Resource production and extraction. (j) Water irrigation and drainage facilities. (3) Lot Size Reauirements Lot size requirements shall be in accordance with Table i in Section 3.2,400, (4) Dimensional Re~ulntions Dimensional requirements shall be in accordance with Table 1 in Section 3.2.400, (5) Offstceet Parking_ and Loading_ Requiremellt-q Offstreet parking and loading requirements are subject to Section 3.2.500. (6) Landseauin? Requirem ent~ Landscaping requirements are subject to Section 3.2.600. (7) Accessory uses subieet to the reauirements of Section 3.2.300. inaludirlg~ (a) (b) Motor vehicle parking facilities. One detached single family dwelling for security purposes per mining district. - 83 - °"434 . d482 bOOK Section 3.3.117 AG A~ieulmral (1) ~ The purpose of this district is to provide and protect an environment suitable for productive eommereial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. (2) Permitted Uses (a) (b) (e) (d) (e) (0 (g) (h) (0 Detached single family dwelling units. Farms, groves, and ranches. Fishery services. Forestry activities and related services. Horticultural services. Poultry hatchery services. Riding stables. Veterinarian and animal husbandry services. Home occupations to the requirements of Seetion 3.2.901. (3) Lot Size Reauirements Lot size requirements shall be in aeeordanee with Table 1 in Section 3.2.400. (4) Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 3.2.400. (5) Offstreet Pavkiru~r_ and Loading_ Re_aui~emeIltS Offstreet parking and loading requirements are subject to Section 3.2.500. (6) Conditional Uses (a) Agricultural processing. (b) Airports and flying fields. (e) Canning and preserving of fruits, vegetables and seafood. (d) Dairy products - manufacturing. (e) Electric utility transmission lines, rights-of-way, and substations. (f) Farm equipment - retail. (g) Farm and garden supplies - retail. (h) Farm products (raw materials) - wholesale. (i) Gas utility pipelines, rights-of-way, and substations. - 84 - 434 (o) (p) (q) Grain mill products - manufacturing. Logging camps and contractors. Meat products - manufacturing. Mining activities and related services. Other pipelines and transmission rights-of-way and pressure control stations. Railroad rights-of-way. Retail trade - general merchandise. Sugar manufacturing. Transient lodgings - agricultural labor camps. Warehousing and storage - excluding household goods. Water irrigation and drainage facilities. (7) Aeeessorv uses sub_ieet to the requirements of Section 3.2.300, ineludin_~; (a) Dairy products - retail. (b) Fruits and vegetables - retail. (e) Fuel and ice - retail. (cO Meats - retail. (e) Motor vehicle parking facilities. (f) Motor vehicle repairs and service. - 85 - Section 3.3,118 , ~J Utilities (1) ~ The purpose of this district is to provide and protect an environment suitable for utilities, transportation and communication facilities, together with such other uses as may be compatible with utility transportation and communication facility surroundings. (2) Permitted Uses (a) Bus transportation facilities. (b) Communication facilities. (e) Electric utility transmission lines, rights-of-way, substations, and facilities. (d) Gas utility pipelines, rights-of-way, substations, and pressure control facilities. (e) Marine transportation faeflities - marine terminals, yacht clubs, boat rentals, and other marine recreational uses. (f) Motor freight transportation. (g) Other pipelines and transmission rights-of-way and pressure eontrol stations. (h) Rail and rapid raft transportation systems and facilities. (i) Sewage disposal facilities. (j) Taxi and other motor vehicle transportation. (k) Water utilities and irrigation facilities. (3) Lot Size Requirement~ Lot size requirements shall be in accordance with Table 1 in Seetion 3.2.400. (4) Dimensional R~rul~tions Dimensional requirements shall be in accordance with Tabie 1 in Section 3,2.400. (5) Offst~eet Parkir~ and Loadirar Requirements Offstreet parking and loading requirements are subject to Section 3.2.500. (6) Landseaoiru~_ Requi~'ern ents Landscaping requirements are subject to Section 3.2.600. 434 ,d485 - 86 - (7) Conditional Uses (a) Airports, flying fields, and associated services. (b) Electric generation plants. (e) Gas production plants. (d) Railroad rights-of-way. (e) Solid waste disposal facilities. (19 Other transportation, utility, and communications uses. (8) Aeeessorv uses subieet to the reaui~emen~s of Section 3.2.300. ineltldin~ (a) Automobile and truck rental. (b) Motor vehicle parking faeilities. (e) Motor vehicle repair and service. (d) Transportation services and arrangements. - 87- 434 [~OOK Section 3.3.119 I Imtitution.l (1) ~ The purpose of this district is to provide and proteet an environment suitable for institutional, public and quasi-public uses, together with sueh other uses as may be compatible with institutional, pul)lie, and quasi- public surroundings. (2) Permitted Uses (b) Nature parks, exhibitions, and preserves. Swimming beaches. (3) Lot Size Reouirements Lot size requirements shall be in accordance with Table i in Section 3.2.400. (4) Dimensional Re~ul.tions Dimensional requirements shall be in accordance with Table i in Section 3.2.400. (5) Offst~eet Parkit~r and Loadin~ Reouir~ments Offstreet parking and loading requirements are subject to Section 3.2.500. (6) Landsem~in~ Reou~ement~ Landscaping requirements are subject to Section 3.2.600. (7) Conditional Uses (a) (b) (e) (d) (e) (~ (h) (i) (~) O) (m) (n) (o) (p) Cemeteries. Civic, social and fraternal organizations. Congregate care facility. Correctional institutions. Cultural and entertainment assembly and recreational activities and facilities - excluding sports stadiums. Educational facilities. Electric utility transmission lines, rights-of-way, and substations. Executive, legislative and judicial functions; protective functions and related activities. Gas utility pipelines, rights-of-way, and substations. Group or organized eemps. Labor union and similar labor organizations. Medical facilities. Military installations. Nursing and convalescent homes. Other pipeline and transmission rights-of-way and pressure control stations. Parks. 434 5001~ - 88- (~ (r) (t) (u) (v) (w) (x) (y) (z) Playgrounds and athletic areas. Postal facilities. Railroad rights-of-way. Religious facilities. Retirement homes and orphanages. Sports facilities: golf oourses (with or without olubhouse faeilites); racquet sport facilities; stadiums and other similar uses. Swimming pools. Vocational or trade schools. Water irrigation and drainage facilities. Welfare and charitable services. (8) Aeeessory_ uses subieet to the re_~lirements of Section 3.2.300 ineludir~_: (a) (b) (e) (cO Eating places and drinking places. Residence hails and dormitories as a part of educational facilities. Marinas - boat rentals and access sites as a part of park and public recreational facilities. Motor vehicle parking facilities. - 89 - B, OOK Section 3.3.120 RVP R~nntionnl Vehieln Pn~k (1) The purpose of this district is to provide for the location of recreational vehicles and travel trailers for temporary occupancy on rental spaces. (2) Permitted Uses Recreational vehicles and travel trailers occupied for no longer than six (6) months in any twelve (12) month period. (b) Recreation areas including, but not limited to, parks, playgrounds, swimming pools, tennis courts, picnic areas, playing fields, bicycle paths, marinas, and community centers, provided such facilities are exclusively for the use of occupants of the recreational vehicles and travel trailers. Structures and uses required for the provision of publie services and utilities for the recreational vehicle park. (d) Accessory uses as provided in Section 3.2.300, and (i) one (1) permanent residence, intended for occupation by the manager of the park, and (ii) in parks with one hundred (100) or more lots, a retail and personal service establishment, intended exclusively for the use of the occupants of the recreational vehicles and travel trailers, which is contained within an enclosed building and located so as not to attract vehicular traffic from outside the park. (3) Minimum Aeresge R~q_uirements A park shall be permitted only on tracts on land of five (5) acres or more, having a minimum frontage of sixty (60) feet on a paved public road. (4) ~ The maximum ntunber of recreational vehicle lots shall not exceed four- teen (14) lots per acre. (5) Lot Size Re_~uiremeqts The minimum dimensions-for a lot where recreational vehicles and travel trailers are stationed shall be thirty (30) feet by sixty (60) feet. (6) Maximum Coverage The maximum coverage in the park by buildings shall be no greater than twenty (20) percent of the total acreage of the park. - 90- °"434 . d489 BOOK (7) (10) (11) (a) Each lot shall provide a stabilized vehicular parking pad, measuring no less than ten (10) feet by twenty (20) feet long; the pad shall be eomposed of shell, marl, paving, or stone screenings. Exposed ground surfaces tn every space not protected by the vehicular parking pad shall be protected with a vegetative growth such as ground cover or shrubbery that is espable of preventing soil erosion and the creation of dust. (b) There shall be a minimum of ten (10) feet of space between each parking pad. (8) Parking shall be in accordance with Section 3.2.520(1)(s). (9) ~ At least fifteen (15) percent of the gross site area of the park shall be set aside and developed as open space, recreation space, and buffering between recreational spaces. Such areas may provide recreation oppor- tunities such as marinas, swimming pools, swimming beaches, tennis courts, picnic areas, playgrounds, pedestrian and bicycle paths, and playing fields. Common open space shall be laid out aeeerding to the following standards Open space shall not include streets, parking lots, lots, buildings, public rights-of-way, or sites for water and sewer treatment plants. (b) Up to fifty (50) percent of stormwater retention areas and canals may be included in open space. (e) Pedestrian and bicycle paths shall be at least six (6) feet in pave- ment width and shall, where practicable, form part of a system leading to principal destinations. Open space used as buffer areas or left undeveloped shall retain, to the maximum extent practicable, native vegetation that is present on the site. Landscaping shall be in accordance with Section 3.2.600. There shall be a landscaped buffer around all recreational vehicle parks of at least twenty-five (25) feet in width. 434 - 91- (12) 'II'affie Cireulstion (a) All parks shall be provided with sa~e, convenient, paved vehicular access from a paved road to each lot. (b) All sl~eets internal to the park shall have a minimum right-of-way of thirty (30) feet, and shall be paved to county specifications. (e) Park entrance paving shall be at least thirty-six (36) feet wide, and park rights-of-ways shall be marked or signed. (d) No entrance or exit from a park shall be pemitted through a residential distriet. - 92- ~tion 3.3.1~.1 PUD Plmmn~l Unit D~v~lo~m~nt (1) B.m mm The Planned Unit Development (PUD) district is intended to aehieve residential land development of superior quality through the eneourage- ment of flexibility and creativity in design options that: permit creative approaches to the development of residential land reflecting changes in the teehnolngy of land development{ (b) allow for the efficient use of land, which ean result in smaller net- works of utilities and streets and thereby lower development eosts; (e) allow design options that eneourage an environment of stable character, compatible with surrounding land uses; and permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of reereation areas and open space. (2) Permitted Uses Any use permitted in the Residential Single Family - 2 (RS-2); Residential Estate (RE - 2); Residential Single Family - 3 (RS-3); Residential Single Family - 4 (RS-4); Residential Single Family - 5 (RS- 5);, Residential, Mobile Home (RMH-5); Residential Multiple Family - 11 (RM=11); and Residential Multiple Family - 18 (RM=18) Zoning Districts of this Ordinanee may be permitted in a Planned Unit Development distriet for a variety of residential densities. Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) pereent of the gross area of the Planned Unit Development. In addition, playgrounds, public and non-publie parks, golf eourses, country clubs, bieyele paths, racquet sports facilities, riding stables, marinas, elubhouses, and lodges may be permitted in a Planned Unit Development District. (3) Standards and Reouirements Standards and requirements for a Planned Unit Development shall be as follows: (a) General Recmirem ents Consistency with Local Ordinanees and Comprehensive Plan. The Planned Unit Development shall be consistent with the general purpose, goals, objectives, and standards of this Orclinanee, the St. Lueie County Growth Management Poliey Plan, and the Code of Orcttnanees of St. Lueie County. - 93- BOOK (ii) Effect on AcHaeent Prooerties. a. The Planned Unit Development shall not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. b. The Planned Unit Development shall be eomistent with the character of existing land uses in the area. e. The Planned Unit Development shall not interfere with the development and use of neighboring property. (iii) Adeauaav of Public Faeilitie~t. The Planned Unit Development shall be served by adequate public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage, structures, refuse disposal, water and sewer, and sehoois. (iv) Adeauaey of Fire Protection. The Planned Unit Development shall have water supply, evacuation facilities, and emergency access that are satisfactory to provide adequate fire protection. (v) Envieonmental Impact. For developments required to provide an environmental impact report under subparagraph (4)(b)(xiii) of this section, the Planned Unit Development shall not contravene any applicable provision of the St. Lueie County Growth Management Policy Plan, or of Chapter VIII, "Natural Environment Analysis," of the St. Lueie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley- Horn and Associates, Inc. (August 1982). (vi) Impact on School S_vstem. The Planned Unit Development shall agree to pay to the School Board of St. Lueie County an amount equal to the anticipated financial impact on the County school system. (vii) Maintenance of Level of Service. D. If level of service, either existing or as a result of traffic generated by a proposed development, is determined to be below Level of Service D in the peak season, the Planned Unit Development shall make the roadway or other improvements necessary to maintain Level of Service D in the peak season, or make an equitable contribution toward ~ueh improvements. (viii) Traffic Control Devices. Whenever, as the result of additional traffic generated by a proposed development, it is determined based on the Manual on Uniform Traffic Control Devices that there is a need for installation of traffic control devices (including traffic signals, signing, and pavement markings), the Planned Unit Development shall be °" 434 BOOK - 94 - responsible fo~ inst. allir~ all said devices and signs, or shall make an equitable contribution toward such installation. ~eeess Im_o~ovements. The Planned Unit Development shall provide the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. (b) ~ A Planned Unit Development shall be a minimum of ten (10) eon- tiguous acres of land under common ownership or control. The maximum possible permitted density of a Planned Unit Devel- opment shall not exceed the demity reflected in the Growth Management Policy Plan. On North and South Hutchinson Island~ the maximum possible permitted density of a Planned Unit Develop- ment shall not exceed the maximum density as set forth in Section 3.3.122(7). (d) Area: Yard. and Height Reonieements Area~ yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval. (e) (0 Public Faeilities The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water Lines, sewa&e lines, storm and surface drainage s~stems, and other utility s3stemso Teaffie and P~lestrisn Cireubation (i) Every dwelling unit, or other uae permitted in the Planned Unit Development shall have access to a publie street either directly or through an approved private road~ a pedestrian way, or other area dedicated to public or private uae. (ii) Prineipal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their uae by through traffio. (iii) The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. O~ 484 BOOK - 95 - All non-residential ]and uses within the Planned Unit De- velopment shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. (v) Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances. (vi) Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. ~is shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. (vii) Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. (g) Offstreet Parkir~_ and Losdin? Offstreet parking and loading requirements are governed by Section 3.2.500 of this Ordinance, and the following standards: (i) Offstreet parking and loading areas shall be arranged so as to prevent through traffic to other parking areas. (ii) No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by landscap- ing. (iii) Offstreet parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or w~Us. (h) ~ All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. (i) Landsaaping and Nstu~al Festlffp-q (i) (i0 Native trees and vegetation and other natural features shall be preserved to the extent practicable. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. - 96- °" 434 I~OOK (k) (iii) Landscaping for offstreet parking and loading areas shall meet the minimum requirements of Section 3.2.600. Open Space Standards (0 A minimum of thirty (30) percent of the gross area of land to be committed to a Planned Unit Development must be for use as parks, recreation areas, marinas, swimming beaches, open space, planting, or other public purposes other than rights-of-way or utility easements, and parking areas. At least fifteen (15) percent of the total area of the Planned Unit Development shall be common open space for recrea- tion or park use. At the request of the developer and subject to the approval of the Board of County Commis- sioners, use of recreational facilities may be offered to the general public. Areas that are natural floodways, lakes, and storm water retention areas may be applied to satisfying the total open space requirement as to the availability of and provision of such open space, which may consist of: a. Advance dedication of all such open space as a prior condition of Planned Unit Development approval. b. Placing the title to the land in escrow. Conveying the land to a public agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures, or improvements that have been placed on it. (ii) No such parcel of land dedicated for open space shall be less than one (1) contiguous aere, and all sueh areas shall be physically part of the Planned Unit Development. Open space provided to meet other requirements shall not be considered as meeting this open space requirement. (0 A Planned Unit Development may be developed in more than one stage or phase. If a Final Development Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be com- pleted within ten (10) years of the date of final development plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. If a Planned Unit Development is to ° 434 BOOK (4) be constructed in more than one stage or phase, the following sequence must be adhered to: A major recreation facility or facilities, planned to serve the entire development, shall be completed prior to the final permitting of more than forty (40) percent of the total number of authorized dwelling units. be No commercial facility shall be permitted prior to the completion of at least forty (40) percent of the total number of authorized dwelling units. For Planned Unit Developments to be constructed in stages or phases the net density of an individual stage or phase may vary from the approved final development plan subject to the requirements in Seetioa 3.3.121(8). Administrative and Review Pro~eduras (a) Persons Entitled to Initiate Applications An application for a Planned Unit Development may only be sub- mitted by the owner or any other person having a contractual interest in the parcel of land proposed for the Planned Unit De- velopment. (b) Application for Praliminarv Develoomont Plan and Faq~ Any person desiring to develop a Planned Unit Development shall submit an application for a Planned Unit Development along with a Preliminary Development Plan and two (9.) copies to the Develop- ment Coordinator, accompanied by a non-refundable application fee, as established from time to time by the Board of County Commissioners, to defray the costs of processing the application. The Application and Preliminary Development Plan shall contain the following items: (i) (ii) (iii) (iv) (v) The applicant's name and address. The applicant's interest in the subject property. The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application. The street address and a legal description of the property proposed to be reclassified as a Planned Unit Development. The present zoning classification and existing uses of the subject property proposed to be reelassified. 00 434 (vid (viiD (x) (xiii) (xiv) A statement of planning objectives to be achieved by the proposed Planned Unit Development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. A statement of the total number and type of dwelling units to be constructed; parcel size;, proposed lot coverage of buildings and slruetures; approximate gross and net area of all commercial facilities, and an explanation of their use; residential densities; approximate gross and net amounts of open space; and economic feasibility studies or market analyses where deemed necessary by the Development Coordinator. Information on land areas adjacent to the proposed Planned Unit Development and an indication of the relationships between the proposed development and ex/sting and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public fae/lities, and unique natural features of the land. A statement describing how the Planned Unit Development is eons/stent with the St. Lucie County Growth Management Policy Plan. A development schedule indicating the approximate date construction of the Planned Unit Development or sta~es of the Planned Unit Development can be expected to begin and be completed. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the Planned Unit Development, such as land areas, dwelling units, and commercial facilities. A transportation impact report in accordance with the requ/rements of Section 5.1.300(4)(g). An environmental impact report in accordance with the requirements of Section 5.1.300(4)(h). A statement describing the impact the Planned Unit Development will place on water, sewnge, and other public facilities, and what ection is proposed to insure the provision for these services will mean there will be no net public cost. Detail sheets shall be submitted on a sheet size twenty-four (24) by thirty-six (36) inches and at a scale no smaller than one (1) inch equals fifty (50) feet, all dimensions in decimals. For large projects a smaller scale generalized plot plan may - 99 - ° 434 BOOK be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: a® The location of the property by lot number, block number and street address, if any. be The boundary lines of the property, the dimensions of the property, existing subdivision easements, roadways, rail lines and public rights-of-way. The approximate location and dimensions of all buildings and structures. This shall include types of dwelling units, and density per type of structure. d. The approximate location of perking and loading areas. e® Approximate locations of existing and proposed easements for utility systems, including waste disposal facilities and water supply facilities, electric, gas, and telephone lines. The approximate location of all drainage retention areas and major drainage improvements. ge The location of the ex/sting and proposed circulation system of arteriai and collector streets and any other transportation improvements. he The location and size of all areas to be conveyed, dedicated, or reserved as common open space, parks, recreational areas, school sites, and other public uses. The pedestrian circulation system, including its inter- relationship with the vehicular circulation system. A boundary and topographic survey, with contour Unes at one (1) foot intervals, prepared, signed, and sealed, by a Registered Florida Land Surveyor which shall contain: Acreage certification of all land above the elevation of Mean High Water. b. The Mean High Water Line, where applicable. e. The location of all submerged lands. d. The location of the coastal construction setback line. A location map, which shall delineate the project boundaries on the St. Lucie County Tax Assessment Maps. (xvii0 A driveway location map which shall show the location of all driveways, public streets, and private drives within 660 feet of the Planned Unit Development, along any private or public street that will serve the project. 434 - 100 - An aerial photograph of the property upon which the Planned Unit Development is proposed. Any other information deemed necessary by the Development Coordinator for the reasonable review of the proposed Planned Unit Development. (e) Review by Develonment Coordinator (0 Within twenty (20) days after an application and Preliminary Development Plan is submitted, the Development Coordinator shall determine whether the application is complete. If the Development Coordinator determines the application is not eomplete~ he sha~l send. a written statement speeifying the deficiencies to the applicant by mail. The Development Coordinator shall take no further aetion on the application unless the deficiencies are remedied. (ii) When the Development Coordinator determines the application and Preliminary Development Plan are complete he shall review the application, make a recommendation, and notify the Planning and Zoning Commission that the Planned Unit Development proposal is ready for review. (d) Action by Planning_ and Zoning_ Commission (i) Upon notification of the eompleted application for a Planned Unit Development the Planning and Zoning Commission shall place it on the agenda of a reg,,lRr meeting of the Planning and Zoning Commission in accordance with the procedures set out in Section 5.1.100. The public hearing held on the application shall be in accordance with Section 5.1.200. In reviewing and making a recommendation on the application and Preliminary Development Plan, the Commission shall use the standards in Section 3.3.121(3). (ii) Within a reasonable time of the hearing, the Commission shall issue a recommendation to approve, approve with conditions, or deny the application for Planned Unit Development. (e) Aetion by Board of C~untv Commissioners (i) Upon notification of the recommendation of the Planning and Zoning Comm/ssion, the Board of County Commissioners shall place the application on the agenda of a reg,,]nr meeting of the Board of County Commissioners in accordance with the requirements of Section 5.1.100. The publie hearing held on the applieation shall be in accordance with Section 5.1.200. In making a decision on the application, the Board of County Commissioners shall consider the recommendation of the Planning and Zoning Commission and the standards specified in Section 3.3.121(3). - 101 - I~OOK (ii) Within a reasonable time of the eonelusion of the public heating, the Board of County Commissioners shall either grant, grant with conditions, or deny the application for Planned Unit Development. Unless otherwise speeified in the approved application for Planned Unit Development, a Final Development Plan under the provisions of Section 3.3.121(5) must be filed within one (1) year, or the Board of County Commissioners' approval of the application for Planned Unit Development shall become null and void. (5) Final Develooment Plan Anoroval An application for Final Development Plan approval shall include: (i) The date on which the Preliminary Development Plan was approved. (ii) (iii) A statement describing any ehanges which have been made in any documents, plans, data or information previously submitted. A tabular display of the following information with respeet to the area included in the Final Development Plan, if relevant: a. Total number of dwelling units proposed by type of structure and number of bedrooms. b. Total number of non-residential structures and gross floor area. (iv) e. Total land area to be devoted to residential uses, commercial uses, public and private open space, and offstreet parking and loading, expressed in acres and as a percent of the total development area. d. Proposed number of offstreet parking and loading spaees for eaeh proposed type of land use. A detailed and final landscaping plan showing the location, size and type of vegetation. (v) (vi) Coneoptual final schematic design drawings of all structures showing elevations, type of structure, proposed building materials, buildi~ floor plans, and building sections, all si~ned and sealed by a registered architect or engineer. Utility and drainage plans, signed and sealed by a registered engineer. °"434 , 1501 BOOK - 102- (vii) The final development construction seheckfle. (b) Ffling~ an Application fop Final Development Plan AppvOW! All applications for Final Development Plan approval shall be submitted to the Development Coordinator. Within twenty (20) days after an applieation for Final Development Plan approval is submitted, the Development Coordinator shall determine whether it is complete. If the Development Coordinator determines that the Final Development Plan is not eomplete~ he shall send a w~itten statement specifying the defieeneies to the applicant by mail. The Development Coordinator shall take no further action on the application unless the deficiencies are remedied. (e) Develooment Coor~l/n~tov Review When the Development Coordinator determines that the Final Development Plan is complete, he shall review the plan to determine if it is in substantial conformity with the approved Preliminary Development Pian~ make a recommendation, and notify the Board of County Commissioners that the Final Development Plan is ready for review. (d) Substantial Conformity A Final Development Plan will not be deemed to be in substantial conformity with the approved Preliminary Development Plan if it: (i) Departs by more than ten (10) percent from the maximum density or ground coverage. (ii) Changes by more than ten (10) percent the floor area to be devoted to any residential or non-residential use. (iii) Decreases by more than ten (10) percent the area provided for public and private open space, or ehan~es the general location of such area. (iv) Relocates approved circulation elements to the extent that would decrease their funetionability, adversely affect surrounding lands and circulation elements, or reduce their effeetiveness as buffers or amenities. (v) Significantly alters the arrangement of land uses within the development. (vi) (vii) Significantly alters the character of the development proposed in the Preliminary Development Plan. Is not consistent with the St. Lueie County Comprehensive Plan. , 1502 BOOK - 103- (e) Ann~oval by Board of County Commi~qions~ (0 Upon notification from the Development Coordinator that an application for a Final Development Plan is eomplete, the Board of County Commissioners shall place the Final Development Plan on the agenda of a regular meeting of the Board of County Commissioners in accordance with Section 5.1.100. If the Board of County Commissioners determines that the Final Development Plan is in substantial conformity with the approved Prelimino_~, Development Plan, it shall opprove the Final Development Plan. If the Board of County Commissioners determines that the Final Development Plan is not in substantial conformity with the approved Preliminary Development Plan, it shall deny the Final Development Plan. (iii) Notification of the Board of County Commissioners' decision shall be mailed to all parties and filed in the Office of the Development Coordinator, in accordance with Section 5.1.200(6). (iv) Approval of the Final Development Plan by the Board of County Commissioners, together with the acceptance of all conditions ~sseciated with that approval, shall constitute a certified Final Development Plan. (v) Upon certification by the Chairman of Board of County Commissioners, three (3) copies of the Final Development Plan shall be signed and one (1) copy returned to the applicant with two (2) copies being retained by the Development Coordinator az a part of the public record. (6) (vii) Upon approval of the Final Development Plan, the Board of County Commissioners shall direct the Development Coordinator to amend the Offieal Zoning Arias to reflect Planned Unit Development (PUD) zoning for the approved development. Effeet of Approval of a Final Devel~ment Plan for a Plann~l Unit The approval of a Final Development Plan for a Planned Unit Development shall only eomtitute approval of the Final Development Plan. Development of the Planned Unit Development shall not be carried out until the applicant haz secured all other permits and approvalz required by the County. (7) Limitation of Final Plan ApproyA] Within one (1) year after Final Development Plan approval, or sueh shorter time as may be established by the development sehedule approved by the Board of County Commissioners, construction shall commence in aeeordanee with the approved Final Development Plan. Failure to commence construction within that period shall, unless an extension shall have been granted by the Board of County Commissioners, automatically °"434 ,, E1503 - 104- 500K (8) render null and void Final Development Plan opproval, the Prel/minary Development Plan approval upon which Final Development Plan approval depends, and all county permits based on such approvals. Adiustments to an Annroval Final Develaoment P1Rn Durin~ Dev~_laom~nt During development of an approved Planned Unit Development, adjustments to the approved Final Development Plan may be permitted as follows: (a) Minor A~_'ustm~n~ The Development Coordinator may authorize minor adjustments to the approved Final Development Plan. Such minor adjustments shall be consistent with the intent and purpose of the St. Lueie County Comprehensive Plan, this Ordinance, and the Planned Unit Development as approved, and shall be the minimum neeassary to overcome the particular difficulty. Sueh minor adjustments shall be limited to the following: (D Increasing any dimension of any one (1) structure by not more than ten (10) percent. (ii) (iii) Altering the location of any one (1) structure or group of structures by not more than fifty (50) feet. Altering the net density of any one (1) stage or Phase by more than ten (10) percent. (iv) Altering the location of any circulation element by not more than fifty (50) feet. Altering the location of any open space by not more than fifty (50) feet. (vi) Reducing the total amount of open spaee by not more than five (5) percent or recheing the yard area or open space associated with any single strueture by not more than five (5) percent. (vii) Altering the location, type, or quality of landscaping elements. (b) Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. Maio~' Adiustm~nts (D Any other adjustment to the approved Planned Unit Development shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners, which may grant approval for major adjustments only after a public hearing and upon finding that any proposed changes in the approved Final Development Plan ° 434 - 105- B~0K (ii) for the Planned Unit Development will be in substantial conformity with the original approval. If the Board of County Commissioners determines that the major adjustments are not in substantial conformity with the original approval, then it shall refer the request to the Development Coordinator for initiation of a new Preliminary Development Plan in accordance with the provisions of this Ordinance. (9) (10) Insoeetions Durir~ Development of an Aooroved Planned Unit Develoo- (a) Inspections bv Development CoordinatoI' Following final approval of a Final Development Plan for a Planned Unit Development, the Development Coordinator shall, at least annually until the completion of development, review all permits issued and construction undertaken, and compare actual development with the approved plans for development and with the approved development schedule. (b) Action b_v Develooment Coordinat91- If the Development Coordinator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to eomply with the approved Final Development Plan, he shall notify the Board of County Commissioners of such fact and may, if he finds it neeessary for the protection of the public health, safety, or welfare, take any such necessary action to stop sueh noncompliance. (e) Action bv Boaud of County Commissioners Within thirty (30) days following notification by the Development Coordinator, the Board of County Commissioners shall determine whether development of the Planned Unit Development is proceeding in accordance with the approved Final Development Plan. If the Board of County Commissioners finds the development is not proceeding in accordance with the approved Final Development Plan, it shall either revoke the Planned Unit Development or compel compliance. Insoeetions Afte~ Develooment (a) Insoeetions bv Develooment Coordinato~ Following completion of the development of a Planned Unit Development, the Development Coordinator shall review the development ss completed and determine if it complies with the approved Final Development Plan. - 106- o 434 , 1505 BOOK (b) Action by the DeveJooment Coo~clinator If the Development Coordinator finds that the development as completed fails in any respect to eomply with the Final Development Plan as approved, he shall immediately notify the Board of County Commissioners of such fact. (e) Action by the Boaed of County Commissione~,~ Within thirty (30) days following notification by the Development Coordinator, the Board of County Commissioners shall determine whether the completed Planned Unit Development fRi].~ in any respect to follow the approved Final Development Plan. If the Board of County Commissioners finds the completed Planned Unit Development fai~ in any respect to comply with the Final Development Plan, it shall either revoke the Planned Unit Development, or take the necessary action to compel eomplianee. (11) Amendments and Rxt~_n.~ions of Pbarmed Unit Develog_ ments A Planned Unit Development may be amended, varied, or altered only pursuant to the standards and procedure established for its original approval set forth in Section 3.3.121. (b) The time limitation for the commencement of eonstmetion on an approved Final Development Plan as provided in Section 3.3.121(7), or as provided by the Board of County Commissioners in the approved development schedule, may be extended not more than one (1) time, and for not more than two (2) years, on application to the Board of County Commissioners after a public hearing held in aeeordanee with the provisiom of Section 5.1.100 and 5.1.200. (12) Revocation of Planned Unit Devel~oment In addition to any other penalties and remedies for violation of this Ordinance, it shall be a eondition of every Planned Unit Development that such approval may be revoked for violation of any condition imposed upon such approval. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Sections 5.1.100 and 5.1.200. 00 434 , d506 - 107- Section 3.3.122 HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT (1) ~ (2) The purpose of the Hutchinson Island Residential District (HIRD) is to provide a residential environment on North and South Hutchinson Island that is respectful of the natural resources and value of the barrier islands and can be supported by available public and private services. H IRD is intended to ensure that the intensity, location and timing of new residential growth and development is of a character that can be served by adequate pubUe and private facilities, and that protects, preserves, and enhances the public health, safety, and welfare of the citizens of St. Lueie County. Hutchinson Island constitutes a unique and valuable public resource that plays a vital role in defining the Cotmty's economic and geographic character. HIRD is intended to facilitate growth and development of the barrier islands while conserving the natural and human values the islands represent. Given the environmentally semitive nature of barrier islands, HIRD is designed to ensure that growth and development is clustered away from environmentally sensitive lands and is limited to the more tolerant upland portions of Hutchinson Island. HIRD is also intended to implement and be consistent with the St. Lueie County Growth Management Policy Plan. Intent of Application (a) It is the intent of the Board of County Commissioners that H IRD shall apply to all multifamily residential property in the unincorporated areas of North and South Hutchinson Island, except that property designated Planned Unit Development (PUD). (3) (b) No application for an amendment to this Orcltnanee shall be accepted which proposes to change the zoning classification of any land on North and South Hutchinson Island to a classification other than to Hutchinson Island Residential District (HIRD) or to Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Planned Unit Develop- ment (PUD); Commercial, Office (CO); Commercial, Neighborhood (CN); Commercial, General (CG); Utilities (U); or Institutional (I). For the purposes of this District, lands located on North and South Hutchinson Island are hereby classified into the following subdistriets: (a) North Hutchinson Island Residential District (NHIRD), which includes those lands located on North Hutchinson Island in St. Lucie County; (b) South Hutchinson Island Residential District, North LSHIRD-N), whieh includes those lands located on South Hutchinson Island between the Florida Power & Light Company nuclear power plant and the city limits of the City of Fort Pierce; and °"434 i~OOK - 108- (4) (s) South Hutchinson Island Residential District, South (SHIRD-6), which includes those lands located on South Hutchinson Island between the Florida Power & Light Company nuclear power plant and Martin County. Environmental Zon~ For the purposes of this District, all lands located on North and South Hutchinson Island are classified into one of the following environmental zones based on their geologic, hydrolegie, topographic, and biologic character as of the effective date of this Ordinance. (a) Dune Preservation Zone, which includes those lands lying between the mean high water line to the east and the western edge of the primary dune system, as defined by vegetation and elevation. The Dune Preservation Zone shall have the characteristics of the Beach and Dunelands environmental zone as described in Chapter VIII, Natural Environmental Analysis, of the St. Lueie County Barrier Island Study~ Analysis of Growth Management Policy Plan (August 1982). Where the western edge of the primary dune system cannot be eseertained, the Dune Preservation Zone shall be set by reference to a management/restoration plan that has been prepared based on natural coastal dynamics. (b) Uplands, which include those lands lying west of the western edge of the primary dune system and which are not classified as Wetlands as defined in paragraph (c) of this subsection. (e) Wetlands, which include those lands lying west of the western ecl~e of the primary dune system that are above the elevation of Mean High Water and are included in the landward extent of waters of the state as defined in Rule 17-4.02(17), Florida Administrative Code, on the date of adoption of this Ordinance. Permitted Uses The following uses shall be permitted as of right in environmental zones in the Hutchinson Island Residential District: (a) Dune Preservation Zone (i) (ii) Residential densities that can be clustered to Uplands located on the parcel proposed for development. Elevated walkways. (b) (iii) Recreational uses not involving structures other than elevated walkways. (i) Detached single family dweUing units. - 109 - °"434 500K (ii) (iii) (iv) Two and three-family dwelling units. Multiple family dwelling units. Parks. (v) Playgrounds and athletic areas. (vi) Accessory uses, subject to the requirements of Section 3.2.300. Home occupations subject to the requirements of Section 3.2.901. (e) We r s (6) (i) (ii) (iii) (iv) Residential densities that can be elustered to Uplands lceated on the ps. reel proposed for development. Elevated wa]kways. Bridges and bridge approaches. For that portion filled in accord with permits received from federal and state agencies exercising jurisdiction over such area, any permitted Uplands use. Conditional Uses (a) Dune Preservation None. (b) ~ (0 Hotel, motel, resort, rooming and boarding houses, tourist court, and time-share or tramient lodging facilities with rooms or dwelling units used for occupancies of less than four weeks, provided that the number of rooms does not exceed the residential densities set forth in subsection (7) of this section. (ii) (iii) Accessory uses to the uses set forth in subparagraph (i) of this paragraph, ineluding automobile parking facilities, eating and drinking establishments, golf courses with or without elubhouse facilities, nature exhibitions, travel arranging and tieketing serviees, and on-site utility service facilities, subjeet to the requirements of Section 3.2.300. Athletic and entertainment clubs or facilities, provided that the proposed use will not generate traffic in excess of that projeeted for the parcel if developed at the maximum permitted residential density. - 110- °"434 , E1509 BOOK (c) We nds 0) Marinas and boat launching facilities, provided that the area of wetland altered does not exceed five (5) percent of the wetlands located on the parcel proposed for development. (ii) Utility transmission facilities. (rio For that portion ~.ted in accord with permits received from federal and state agencies exercising jurisdiction over such area, any conditional Uplands use. Residential Dev~iti~ (a) Maximum ResidentiRl Densities. Except as provided in paragraphs (b) and (e) of this subsection, no structure shall be constructed, built, moved, remodeled, occupied, or used as a residential use at a density greater than the applicable maximum residential density set forth in this paragraph. (b) Maximum Residential Densities (expressed as percentage of maximum density set forth in future land use designation of St. Lueie County Growth Management Policy Plan) Commencement Level 15 18 9 Level 2 36 28 45 Level 3 54 54 85 Level 4 100 Does not apply When the maximum percentage indicated in the table above would yield less than one (1) unit per acre, a maximum density of one (1) unit per acre shall apply. ]~,JidJ~ Any structure, project, or use that exceeds the applicable maximum residential density set forth in paragraph (a) of this subsection shall not be subject to the provisions of this subsection but shall be considered an existing conditional use under Section 5.4.650 if and only if: (i) The structure, project, or use has been occupied or constructed, or has received a building pemit, site plan, or other county development approval prior to the effective date of this Ordinance; and (ii) Development of the structure, project, or use is completed within all applicable approval periods and time limits. - 111 - °"434 , 1510 ~OOK (e) No change or s2teration of an existing conditions2 uae as defined tn this paragraph shall be permitted if the change or s2teration would allow a residential density exceeding that set forth in the building permit, site plan, or other county development approval for such existing conditions2 use. Payment of Alternate Development Fee. A structure may be eon- strueted, built, moved, remodeled, occupied, or used as a rest- dentis2 use at a density greater than the applicable maximum set forth in paragraph (a) of this subsection upon the payment to the Board of County Commissioners of the applicable alternate develop- ment fee set forth in this paragraph. The alternate development fee shall be payable at issuance of building permits and for each unit exceeding the maximum set forth in paragraph (a) of this sub- section. Alternate Develooment Fees (amount per residential unit exceeding maximum permitted at eom- meneement level) $2,336 $4,604 $13,697 Each s2ternate development fee represents an amount equal to the estimated cost per residential unit to provide the transportation improvements specified tn subsection (8) of this Section. All alternate development fees collected pursuant to this paragraph shall be received and expended solely for the transportation improvements, or equivalent, specified in subsection (8) of this Section. Nothing in this pargaraph shall permit a structure to be constructed, built, moved, remodeled, occupied, or used as a residential use at a density exceeding the maximum set forth in Level 4 for the NHIRD subdistrict or in Level 3 for the SHIRD-N and SHIRD-S subdistricts. (d) Increase in Maximum Residential Densiti~. If, at any time after a residential use is approved under paragraph (a) of this subsection, the capacity of the roadway system in a sulxiistriet increases to the extent that maximum residential demities increase from the Commencement Level to Level 2, from Level 2 to Level 3, or from Level 3 to Level 4, a developer may submit a development application for the subject property for additional density as long as the development proposed in the application, when considered with the initially approved development, meets the requirements of this section and all other provisions of this Ordinance. ° 434 , 1511 - 112- (s) Teaffie Caoaeitv Lev~_Lq For the purposes of this Ordinanee, the following levels of serviee or equivalent capaeity~ as determined to be acceptable by the Board of County Commissioners, shall govern the density of development according to subsection (7) of this Section. A traffic capacity level shall be deemed available when the Board of County Commissioners or other appropriate authority has accepted a construction bid for the stated improvement. Commencement Level -- Existing conditions. NHIRD -- Existing conditions as of October 12, 1983, together with the addition of a northbound right turn lane at Old Dixie Highway and the North Beach Causeway and signalization improvements at that intersection, and the addition of a southbound right turn lane at State Road A1A and Atlantic Beach Boulevard. SHIRD-N -- Existing conditions together with the improvement of Seaway Drive to a four lane road from the South Beach Causeway Bridge to Binney Drive, the addition of a northbound left turn Lane at the intersection of Ocean Drive and Binney, and the improvement of Ocean Drive in the City of Fort Pierce to a three lane road. SHIRD-S -- Existing conditions together with the improvement of elthe~ (a) the Jensen Beach Causeway to a four lane facility, together with improvement of Indian River Drive to a four lane road between the Jensen Causeway and Commercial Street, the improvement of State Road AiA to a four lane roadway from the Jensen Beach Causeway to a point one mile north of the St. Lueie-Mattin County line, and the improvement of Commercial Street to U.S. 1 to four lanes; (b) (e) the Stuart Bridge to a four lane facility, together with the four laning of the Ocean Boulevard Causeway from Indian River Plantation west through the intersection of Monterey Road, and the four laving of State Road A1A from the Jensen Beach Causeway to a point one mile north of the St. Lueie County-Martin County line; or the construction of a two lane bridge to South Hutchinson Island at the Walton Road corridor, together with improvement of Walton Road to four lanes west of the Savannahs to U.S. 1. ° 434 BOOK (9) (10) (11) NHIRD -- Level 2 improvements plus expansion of the North Beach Causeway to four lanes from north of Atlantic Beach Boulevard to U.S. 1, and the addition of a north bound right turn lane at U.S. i and Seaway Drive. SHIRD-N -- Level 2 improvements plus the four laning of Seaway Drive from Binney Drive to Ocean Drive or an equivalent improvement, improvement of Ocean Drive within the City of Fort Pierce to a four lane road, and the addition of a northbound right turn lane at the intersection of U.S. I and Seaway. SHIRD-6 -- Existing conditions together with two of the improvements specified under Level 2 above. NHIRD -- Level 3 improvements plus grade separation of the North Beach Causeway and the Florida East Coast Railway tracks, an interchange at Seaway Drive and U.S. 1 or other improvements that will provide at least Level of Service D conditions during the peak season at the Seaway Drive and U.S. 1 intersection, and the four laning of State Road AiA from north of Atlantic Beach Boulevard to the Indian River County line. SHIRD-N -- Does not apply. SHIRD-6 -- Does not apply. Envh'onmentallv S~nsitive Ars~s The residential densities permitted in the Dune Preservation Zone and in the Wetlands may be used only if clustered to Uplands located on the parcel proposed for development, or if clustered to that portion of the Wetlands filled in accord with permits received from federal or state agencies exercising jurisdiction over such area. Lot Size Requi~emer~t.~ Lot size requirements for detached single family dwelling units shall be in accordance with the lot size requirements for the RS-4 District found in Table i in Section 3.2.400. Lot size requirements for multiple family dwelling units and two and three-family dwelling units shall be in accordance with the lot size requirements for the RM-11 District found in Table I in Section 3.2.400. Dimensional Requiremertt~ Dimensional requirements for detached single family residential units shall be in accordance with the dimensional requirements for the RS-4 District found in Table I in Section 3.2.400, with the exception of residential densities that are outlined in this section. - 114- °~434 ~,~d513 BOOK (12) (13) (14) (15) Dimensional requirements for all multiple family dwelling units and two and three-family dwelling units shall be in aceorclance with the dimensional requirements for the RM-11 District found in Table i in Section 3.2.400, except as follows: (i) Residential densities shall be as set forth in subsection (7) of this Section. (ii) For any structure that has not been occupied or constructed, or has not received a building permit, site plan, or other county development approval prior to the effective date of this Ordinance, a maximum height limit of one hundred and twenty- five (125) feet shall apply. Offst~eet Pa~icin~ and Loadin~ Reauirements Offstreet parking and loading requirements shall be in accordance with Section 3.2.500. Landseanin~ Reaui~ements Landscaping requirements shall be in accordance with Section 3.2.600. Noneonformin~ Lots of Record Notwithstanding any other provision of this section, the provisions of Section 3.2.902(4) shall govern the erection of a single-family dwelling and customary accessory buildings on any single lot of record existing on the effective date of this Ordinance. Existiru~ Mobile Hame and Recreational Vehicle Park Snae~ Notwithstanding any other provision of this section, any mobile home or any recreational vehicle park space located in this district shall be considered an existing conditional use under Seetion 5.4.650 if and only if: (i) the mobile home has been erected and occupied, or the recreational vehicle park space constructed and used, prior to the effective date of this Ordinance; and (ii) the mobile home or recreational vehicle park space was a fully conforming use on the effective date of this Ordinance. (b) (c) No change or alteration of an existing mobile home or recreational vehicle park space shall be permitted unless the change or altera- tion shall meet all requirements of the RMH-5 District if a mobile home or the RVP District if a recreational vehicle park space. Nothing in this subsection shall be deeme~ to render conforming any existing structure that °"434 BOOK - 115- (0 (iO if a mobile home or an accessory structure to a mobile home fails to meet the requirements of the RMH=5 District; or if located on a recreational vehicle park space, fails to meet the requirements of the RVP District. Section 3.3.200 Administrative Use Re~ulstions for Permitt~l Uses (1) For the purposes of clarifying and detailing the intent and purpose of the uses of the Zonint Districts in Sections 3.3.101 through 3.3.122, the Development Coordinator shall adopt administrative use regulations for the Zoning Districts in this Ordnance. (2) Whenever a use is not specifically listed in Section 3.3.101 through 3.3.122 or the administrative use regulations adopted by the Development Coordi- nator, the Development Coordinator shall make a determination as to whether the proposed use is of the same general type as a use permitted by this Ordinance. However, this section does not authorize including a use in a Zoning District in which such use is not listed when such use is specifically listed in another Zoning District. Section 3.4.000 (1) (2) Official Zonir~ Arias The Official Zoning Atlas described in this section that is filed in the Office of the Development Coordinator is hereby designated, established, and incorporated as a part of this Ordinance, and is as much a part of this Ordinance as if the information contained therein were set out in full in this Ordinance. Each amendment to the Official Zoning Atlas shall be in accordance with the provisions of Section 5.3.000. (b) The original and a copy of the Official Zoning Atlas shall be filed with the Office of the Development Coordinator, one of which shall be retained as the original record and shall not be changed in any manner, and the second of which shall be maintained up-to-date by posting thereon all changes and subsequent amendments. (3) District Boundaries In the event that any uncertainty exists with respect to the intended boundaries of the various Zoning Districts as shown on the Official Zoning Atlas, the Board of County Commissioners shall make the interpretation using the following rules: (a) The Zoning District boundaries are the center lines of the streets, alleys, waterways, and rights-of-way, unless otherwise indicated. ° 434 , 15t5 - 116 - BOOK (b) Wherever designation of a boundary line on the Zoning Arias coin- cides with the loeafiou of a street, alley, waterway, ce right-of- way, it shall be construed to be the boundary of such district. Where the Zoning District boundaries do not coincide with the location of streets, alleys, waterways, and rights-of-way, but do coincide with lot lines, such lines shall be construed to be the boundary of meh district. Where the Zoning District boundaries do not coincide with the location of streets, alleys, waterways, and rights-of-way or lot lines, the Zoning District boundary shall be determined by the use of the scale shown on the Zoning Atlas. Zoning District boundaries indieated as approximately following county boundaries shall be construed as following those boundaries. oo 434 SECTION 4.0.000 DECISIONMAKING AND ADMINISTRATIVE BODI]~ Section 4.1.000 BOARD OF COUNTY COMMIS.qIONEI~,q S~et/on 4.1.100 Powers and Duti~ The Board of County Commissioners shall have the following powers and duties under this Ordinance: (1) The powers to initiate, review, and adopt amendments to the Official Zoning Arias as provided in Section 5.3.000. (2) The powers to initiate, review, and adopt amendments to the text of this Ordinance as provided in Section 5.3.000. (3) The powers to review and grant, grant with conditions, or deny Preliminary Development Plar~ and Final Development Plans for Planned Unit Develop- ments, as provided in Section 3.3.121. (4) The powers to review and determine whether a Class A Mobile Home can be defined as a detached single family dwelling, as provided in Section 2.2.000(44). (5) The powers to review and grant, grant with conditions, or deny conditional uses as provided in Section 5.4.000. (6) The powers to review and grant, grant with conditions, or deny site plans as provided in Section 5.1.300. (?) The powers to interpret boundaries of the various Zoning Districts on the Official Zoning Atlas, as provided in Section 3.4.000(3). Section 4.2.000 PLANNING AND ZONING COMMISSION Section 4.2.100 Powers and Duti~ The Planning and Zoning Commission shall have the following powers and duties under this Ordinance. (2) (3) The powers to initiate, review, and recommend for approval or disapproval to the Board of County Commissioners, applications for amendments to the Official Zoning Atlas as provided by Section 5.3.000. The powers to initiate, review, and recommend for approval or disapproval to the Board of County Commissioners, amendments to the text of this Ordi- nance as provided in Section 5.3.000. The powers to review and recommend for approval, approval with conditions, or disapproval to the Board of County Commissioners applications and Pre- liminary Development Plans for Planned Unit Developments as provided by Section 3.3.121. °"434 BOOK - 118- (4) (5) (6) (7) (8) The powers to review and recommend for approval, approval with modifi- cations, or disapproval to the Board of County Commissioners, applications for conditional use permits as provided in Section 5.4.000. The powers to review and recommend to the Board of County Commissioners whether a Class A Mobile Home meets the definition of detached single family dwelling as provided in Section 2.2.000(44). The powers to serve in an advisory capacity to the Board of County Commis- sioners and review, report, and prepare studies and investigation as requested by that Board. The powers to make its special knowledge and expertise available upon reasonable written request and authorization by the Board of County Commis- sioners to any official, department, board, commission, or agency of a city, county, state, or the federal government. The powers to adopt rules of procedure that are not in conflict with the provisions of this Ordinance. Section 4.2.200 Membershin: Appointment~ Removal Terms. Vacancies. and (~) The Planning and Zoning Commission shall be composed of not less than five (5) nor more than nine (9) members, who shall be appointed by the Board of County Commissioners. (2) All members of the Planning and Zoning Commission shall be registered voters and residents of St. Lucie County for at least two (2) years preceding appointment. (3) Ail members of the Planning and Zoning Commission shall serve a term of three (3) years without compensation, but may receive travel and other necessary expenses while on official bus/ness of the Planning and Zoning Commission outside St. Lueie County. (4) No member of the Planning and Zoning Commission shall serve more than two (2) consecutive terms. (5) Absence from two (2) consecutive regular meetings of the Planning and Zoning Commission shall vacate the seat of that member, unless such absence is excused by the Planning and Zoning Commission and such excuse is duly entered upon the minutes. The Board of County Commissioners shall fill the vacancy created under this provision as soon as practicable in accordance with Section 4.2.200(1). (6) Any member of the Planning and Zoning Commission may be removed for cause by the Board of County Commissioners at any time, provided, however, that before such removal such member shall be provided written charges and (?) given an opportunity to appear in his defer~se at a public meeting. The Board of County Commissioners shall fill any vacancy created pursuant to this provision in accordance with Section 4.2.200(1). No member of the Planning and Zoning Commission shall vote upon any matter in which he has a personal, private, or professional interest and which inures to his special gain or the special gain of any principal by whom he is retained. No member of the Planning and Zoning Commission shall appear for or repre- sent any person in any matter before the Planning and Zoning Commission other than himself. Section 4.2.300 Chai~nan and Vie~-Chairmarl (1) At the first regular meeting in October each year, the members of the Planning and Zoning Commission shall elect one (1) of their number as Chair- man and one (1) of their number ss Vice-Chairman. (2) (3) The Chairman shall preside at all meetings and hearings of the Planning and Zoning Commission, decide points of order, and appoint any committees that are deemed necessary. The Vice-Chairman shall preside at all meetings and hearings of the Planning and Zoning Commission, and decide points of order in the absence of the Chairman. (4) The members of the Planning and Zoning Commission may select an additional person who shall preside over meetings in the absence of the Chairman and Vice-Chairman. Section 4.2.400 Seal.racy (i) At the first regular meeting in October of each year, the members of the Planning and Zoning Commission shall select one (1) of their number or an employee of the Office of the Development Coordinator ss a Seeretery. (2) The Secretary, with the aid of the Office of the Development Coordinator, shall keep minutes of the proceedings of the Planning and Zoning Commission, and shall maintain all records of Commission proceedings and the correspon- dence of the Commission. Section 4.2.500 Office of the Develaoment Coovdinator The Development Coordinator and his staff shall provide necessary staff support to the Planning and Zoning Commission, with the approval of the Board of County Commissioners. - o, 1434 , d519 Section 4.2.600 Ouorum and Nee~.~arv Vote (1) No business shall be trausaeted by the Planning and Zoning Commission without a quorum. A quorum shall consist of at least a majority of the members of the Planning and Zoning Commission. (2) All recommendations and decisions of the Planning and Zoning Commission shall require the affirmative vote of a majority of the members present, unless otherwise stated in this Ordinance. S~etion 4.2.700 Meetin~m_ _. I-IeaHr~s_. and Procedures (1) A regular meeting of the Planning and Zoning Commission shall be held each month, except that November and December meetings may be combined. Speeiai meetings of the Planning and Zoning Commission may be called by the Chairman of the Planning and Zoning Commission, if at least twenty-four (24) hours notice of the special meeting is given to each member of the Plann/ng and Zoning Commission. (3) All meetings and hearings of the Planning and Zoning Commission shall be open to the public. (4) The Planning and Zoning Commission may continue a regular meeting if all business cannot be completed on that day. The time and place of the meeting's resumption shall be stated by the presiding officer at the time of continuance. (5) (6) In the event that less than a quorum is present at any proeeedin~ of the Planning and Zoning Commission, the proceeding shall be reseheduled within a ressonable period of time. The Secretary shall notify in writing all parties and such other interested persons as may be designated the time, place and date of the reseheduled proceeding. All records of the Planning and Zoning Commission shall be public records open to inspection at reasonable times and upon reasonable notice in accor- dance with Section 119.01 et ~ Florida Statutes, the Public Records Act. Section 4.3.000 BOARD OF ADJUSTMENT S~etion 4.3.100 Powers and Duties The Board of Adjustment shall have the following powers and duties under this Ordinance: (1) The power to authorize variances from the requirements of this Ordinance, in accordance with the provisions in Section 5.5.000. OR - 121- (2) (3) (4) The powers to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lueie County aggrieved by any decision, order, deter- mination, or interpretation of any administrative official of the County with respect to the provisions of this Ordinance as provided in Section 5.6.000. The powers to make its special knowledge and expertise available upon reasonable written request and authorization by the Board of County Commis- sioners to any official, department, board, commission, or agency of a city, county, state, or federal govermnent. The powers to adopt rules of procedure that are not in conflict with the provisions of this Ordinance. S~ction 4.3.280 Memberahi~: Appointment. Removal. Terms. Vacancies. and The Board of Adjustment shall be composed of five (5) members, to be appointed by the Board of County Commissioners. There shall be one (1) member of the Board of Adjustment from each Board of County Commis- sioner's district. (2) All members of the Board of Adjustment shall be registered voters and residents of St. Lucie County for at least two (2) years preceding appoint- ment. (3) (4) All members shall serve a term of three (3) years without compensation, but may receive necessary travel and other expenses while on official business of the Board of Adjustment outside St. Lueie County. No member of the Board of Adjustment shall serve more than two (2) eon- seeutive terms. (5) Absence from two (2) consecutive regular meetings of the Board of Adjustment shall vacate the seat of that member, unless such absence is excused by the Board of Adjustment and such excuse is duly entered upon the minutes. The Board of County Commissioners shall fill the vacancy erected under this provision ~s soon as practicable in accordance with Section 4.2.200(1). (6) Any member of the Board of Adjustment may be removed for cause by the Board of County Commissioners; provided, however, that before such removal such member shall be provided written changes and given an opportunity to appear in his defense at a public meeting. The Board of County Commissioners shall fill any vacancy created under this provision as soon as practicable in accordance with Section 4.2.200(1). (7) No member of the Board of Adjustment shall vote upon any matter in which he has a personal, private, or professional interest and which inures to his special gain or the special gain of any principal by whom he is retained. - 122 - (8) No member of the Board of Adjustment shall appear for or represent any person in any matter pending before the Board of Adjustment other than himself. Section 4.3.300 Ch~'mmm and Viee-.Chni~,m~n (i) At the first regular meeting in January of each year, the members of the Board of Adjustment shall elect one (1) of their number as Chairman and one (1) of their number ss Vice-Chaiman. (2) The Chairman shall preside at all meetings and hearings of the Board of Adjustment, decide points of order, and appoint any committees that are deemed necessary. (3) (4) The Vice-Chairman shall preside at all meetings and hearings of the Board of Adjustment and decide points of order in the absence of the Chairman. The members of the Board of Adjustment may select an additional person who shall preside over meetings in the absence of the Chairman and Vice-Chair- man. (5) The presiding officer may administer oaths to witnesses at Board of Adjustment hearings and meetings. Section 4.3.400 Secretary At the first regular meeting in January each year, the members of the Board of Adjustment shall elect one (1) of their number or an employee of the Office of the Development Coordinator, as Secretary. (2) The Secretary, with the aid of the Office of the Development Coordinator, shall keep minutes of the proceedings of the Board of Adjustment and shall maintain all records of the Board of Adjustment meetings, hearings and pro- ceedings and the correspondence of the Board. Section 4.3.500 Office of Develaoment Coordinator The Development Coordinator and his staff shall provide necessary staff s~port to the Board of Adjustment, with the approval of the Board of County Commissioners. Section 4.3.600 Ouo~um and Neeessar_V Vote (i) No meeting shall be held without a quorum. A quorum shall consist of three (3) members. (2) The affirmative vote of three (3) members will be required for the Board of Adjustment to reverse decisions of the administrative official and to allow variances. ALl other recommendations and decisions of the Board of Adjustment shall require the affirmative vote of the majority of members present. - Section 4.3.700 Meetings. Hearinas. and Proeerh,ros (1) Regular meetings of the Board of Adjustment shall be held each month, or as determined by the Chairman. (2) (3) (4) Special meetings may be called by the Chairman of the Board of Adjustment, provided that twenty-four (24) hours notice of such meeting is given each member of the Board of Adjustment. All proceedings of the Board of Adjustment shall be open to the public. The Board of Adjustment may continue a regular meeting if all business cannot be completed on that day. The time and place of the meeting's resumption shall be stated by the presiding of fleer at the time of continu- a nee. (5) In the event that less than a quorum is present at any proceeding of the Board of Adjustment, the proceeding shall be reseheduled within a reasonable period of time. The Secretary shall notify in writing all parties and such other interested persons as may be designated the time, place and date of the reseheduled proceeding. (6) All records of the Board of Adjustment shall be public records open to inspection at reasonable times and upon reasonable notice in accordance with Section 119.01 et ~ Florida Statutes, the Public Records Act. Section 4.4.000 OFFICE OF TIlE DEVRI,OPMENT COORDINATOR Section 4.4.100 Ap_nointmellt The Development Coordinator shall be the head of the Office of the Development Coordinator and shall serve at the pleasure of the Board of County Commissioners. Section 4.4.200 Jurisdiction. Authority~ and DutJ~ In addition to the jurisdiction, authority and duties which may be conferred on the Development Coordinator by other provisions, he shall also have the following powers and duties under this Ordinance. (9 The Development Coordinator shall receive, review and approve Certificates of Zoning Compliance in accordance with the procedures in Section 5.1.500. (2) The Development Coordinator shall issue building and sign permits in accor- dance with the procedures in Sections 5.1.600, 5.1.700 and 5.1.800. (3) The Development Coordinator shall adopt administrative use regulations for those Zoning Districts in Section 3.3.100 in accordance with Section 3.3.200. °" 434 - 124- gOOK (4) (5) (6) (7) (s) (9) The Development Coordinator, whenever a use is not specifically listed in Section 3.3.101 - 3.3.122 or in the administrative use regulations, shall make a determination as to whether the proposed use is a use permitted by this Ordinance, in accordance with Section 3.3.200. The Develepment Coordinator shall serve ss staff planner to the Planning and Zoning Commission and the Board of County Commissioners, including the provision of aid and technical assistance in: (a) (b) The initiation, processing and review of applications for amendment to the Official Zoning Atlas as provided in Section 5.3.000. The initiation, proeeasing and review of applications for amendment to the text of this Ordinance as provided in Section 5.3.000. (e) The proeeasing and review of applications for Planned Unit Develop- ments as provided in Seetion 3.3.121. (d) The processing and review of epplieations for conditional use permits as provided in Section 5.4.000 of this Ordinance. (e) The processing and review of site plans as provided in Section 5.1.300, and The processing and review of applications requesting a Class A Mobile Home be defined as a detached single family dwelling, as provided in Section 2.2.000(44). The Development Coordinator shall serve as staff planner to the Board of Adjustment, including the processing and provision of technical assistance in the review of variances, as provided in Section 5.5.000. The Development Coordinator shall maintain the Official Zoning Arias. The Development Coordinator shall, whenever requested to do so by the Board of County Commissioners, conduct or cause to be conducted, with the assistance of other county departments if necessary, investigations, reports, surveys, studies, maps, charts, and recommendations with respect to matters before the Board of County Commissioners, the Planning and Zoning Commis- sion, or the Board of Adjustment. The Development Coordinator shall enforce the provisions of this Ordinance. - 125 - 434 , d524 SECTION 5.0.000 ADMINISTRATIVE REGULATION Section PROCEDURk-~ OF GENERAL APPLICABILTY Section 5.1.100 Notice Notice of all pubUe hearings which are required by a provision of this Ordinance shall be given as follows, unless expressly stated otherwise.. (1) Content of Notice Eve~ ~equired notice shall include: the date, time and place of the hearing; a description of the substance of the subject matter that will be discussed at. the hearing; a legal description of the properties directly affected including the street address when available; a statement of the body conducting the hearing; a brief statement of what action the body conducting the hearing is authorized to take; and a statement that the hearing may be continued from time to time as may be necessary. PubUeation of the notice shaU be as foUows: (a) Amendments and A0plieations That Affect L~.~ Than Five (5) Percent of Land in County's Jurisdiction (b) Notice of all public hearings of amendments to the Official Zoning Atlas that apply to less than five (5) percent of the land in the unincorporated area of the County, appUeations for Planned Unit Developments, applications for conditional use approval, applications for variances, appUeations requesting a Class A Mobile Home be defined as a detached single family dwelling unit, and appeals from a decision, order, requirement, or determination of an administrative officer of the County shall be properly advert/sed in a newspaper of general circulation in St. Lueie County not more than thirty (30) days nor less than fi/teen (15) days before the date of the hemSng. Amendments That Affect Five (5) Percent or More of Land in Count_v,s (3) Notice of the first public hearing on an amendment to the Official Zoning Atlas that applies to five (5) percent or more of the total land area in the County's jurisdiction or an amendment to the text of this Ordinance shall be properly advertised in a newspaper of general circulation at least seven (7) days before the public hearing. Notice of the second public hearing on such a proposed amendment shall be properly advertised in a newspaper of general circulation at least five (5) days before the hearing. Public Insn~efion A copy of the notice of public bearing shall be available in the Office of the Development Coordinator during regular business hours. (4) Mailing notice to apeeifie real property owners shall be as foUows~ (a) Amendments nnd Applications Thet Affect L~q than Five (5) Peeeent of In addition to the publication requ/rements in Section 5.1.100(2Xa), in the ease of a public hearing regarding an amendment to the Offieiai Zoning Atlas that applies to less than five (5) percent of the land in the unincorporated area of the County, applieations for Planned Unit Develapments, applications for conditional use approvai, applications for variances, applications requesting a Class A Mobile Home be defined as a detached single family dwelling unit, and appeals from a dee/sion, order, requirement, or determination of an administrative official of the County, notice shall also be provided by the Development Coordinator by mail to all property owners who own real property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll, and to all property owners who own real property within five hundred (500) feet of the property direetly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls, not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing. (b) Amendments That Affect Five (5) Percent or More of T,nqd An amendment to the Official Zoning Atlas or an amendment to the text of this Ordinanee that affects five (5) percent or more land in the County~ jurisdiction does not require notice by mail. Section 5.1.200 Hearir~_ Proeedur~ (1) ~etti~ the Hearip? When the Development Coordinator determines that an application for an amendment to the Official Zoning Atlas, an application for an amendment to the text of this Ordinance, an application for a Planned Unit Development, an application for conditional use approval, an application requesting a Class A Mobile Home be defined as a detached single family dwelling unit, or an application for a variance is completed, or that a petition for an administra- tive appeal has been filed, he shall notify the appropriate dee/sion making body so a public hearing may be set and notice in aeeordanee with the provisions of this Ordinance. (2) Examination and Copyi_'ng of Applieation and Other Documents Any time after the provision of notiee, as required by this Ordinance in Section 5.1.100, any person, upon re~sonable request, may examine the appli- cation or petition in question, and the material submitted in support or opposition to the application or petition in the Offiee of the Development Coordinator during regular business hours. Any person shall be entitled to obtain copies of the applieation or petition and other materials upon reason- able request and payment of a fee to eover the actual eosts of providing such copies. ° 434 E1526 - 127- BOOK (3) ~onduet o~ the Hear-tm (a) Rights of Ail Persons Any person may appear at a public hearing, or may be represented by eoumel or agent, and may submit documents, materials and other written or oral testimony either individually or as a representative of an organization. Each person who appears at a public hearing shall identify himself, his address, and state the name and mailing address of any organization he represents. The body conducting the public hearing may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials. (4) (5) (6) (b) Continuance of Hearirar The body conducting the hearing may continue the hearing to a fixed date, time, and place. Record of the Hearin~r (a) Record (i) The transcript of testimony, when and ff available, the minutes of the Secretary, all applications, exhibits, documents, materials, and papers submitted in any proceeding before the deeisioumaking body, the report of the Development Coordinator or a member of his staff, and the decision and report of the deeisionmaking body shall comtitute the record. (ii) The body conducting the hearing shall record the proceedings by any appropriate means; upon request of any person to the Develop- ment Coordinator and payment of a fee to cover the cost of transcription, the record may be transcribed and a copy provided to that person. If a sound recording is made, any person shall be entitled to listen to the recording at any reasonable time, or make copies at his own expense, at the Office of the Development Coordinator. (iii) Any person shall be entitled to examine the record, at a reasonable time, or make copies at his own expense, at the Office of the Development Coordinator. Action by Dee/sionmakin~ Body The deeisionmaking body shall render its decision within a reasonable time. Notification of the final decision on an application shall be mailed to all parties. A copy of the final decision shall be filed in the Office of the Development Coordinator. - 128- i~OOK Reeomiderntion of Action Boerd of County Commissioners (a) An action may be reconsidered by the Board of County Commissioners under the following circumstances: (i) On a decision when four (4) members voted, and the vote was two to two (2-2), a motion to reconsider may be made by any member of the Commission at the first meeting thereafter when all five Commissioners are present; and (ii) On any decision other than that described in Section 5.1.200(7)(a)(i), a motion to recomider may be made only by a Commission member voting on the prevailing side. For purposes of this subparagraph an absent member will be presumed to have voted on the prevailing side. Plannin~ and Zonir~ Commission and Board of Adjustment (b) An action may be reconsidered by the Planning and Zoning Commission or the Board of Adjustment only upon motion of a member of the decisionmaking body voting with the prevailing side of the original vote. The motion must be made at the same or the immediately subsequent regular meeting of the body. A motion to reconsider may be seconded by any member. Notiee (e) Aetion on a question pending reconsideration must follow the notice provisiom in Section 5.1.100. - 129 - 600K Section 5.1.300 Site Plan Review (1) aamua Site plan review and approval is directed toward those uses that are generally compatible with the uses permitted in a zoning district but that require individual review of their location, desiffn, and intensity in order to ensure their appropriateness on any particular pared of land and their compatibility with adjacent uses. Whenever site plan approval is required, no building or structure or part thereof shall be erected or used, or land or water used, or any change of use accomplished, nor shall any building permit be issued therefore, unless a site plan for such building, structure, or use shall have been reviewed and approved by the Board of County Commissioners of St. Lueie County. (2) The Board of County Commissioners shall not issue a site development plan approval unless the Board determines that the-proposed use satisfies each of the standards and criteria of subsections five (5) and six (6) of this section, all other provisions of this Ordinance, the provisions of the St. Lueie County Growth Management Policy Plan, and the provisions of any other applicable County ordinance. The following uses require site plan approval: (a) Ail multiple-family residential developments containing more than three (3) dwelling units; (b) All mobile home and recreational vehicle parks; (e) Ail non-residential uses, projects, buildings, structures, or additions thereto that contain more than six thousand (6,000) square feet of gross leasable floor space; (d) All commercial lodging establishments; (e) Ail service stations and other uses providing for retail sales of motor vehiele fuels; Ail commercial uses providing drive-through service or service directly to patrons within vehicles; and (g) Ail Developments of Regional Impact. (3) Site Plan Technical Review Committee The Site Plan Technical Review Committee shall include representatives for the Development Coordinator, the County Engineer, and the St. Lueie County - Fort Pierce Fire Prevention Bureau, as necessary, and such other offices as the Development Coordinator shall deem appropriate. °" 434 5001~ - 130- (4) Site Plan Reouirements The site plan shall include the following plans, designs, specifications, and information: General Pro_ieet Infomatio{l (0 (a) For residential projects this shall include: a. Project name. b. Type of project (single family, two-family, three-family, townhouse, mobile home, other). ee f® g. h. i. j. Parcel size in acres. Project size (number of buildings, total number of dwelling units). Land use (Official Zoning Atlas classification and St. Lueie County Growth Management Policy Plan elassifieation). Impermeable surface areas. Open space areas. Parking areas. Development schedule. A statement describing whether the project will utilize existing water and sewage facilities and, if so, a letter from the relevant authority stating capacity will be available for the project at completion. k. A statement describing conceptual drainage information that includes the direction of surface flow, a statement of drainage outfaLl, and where drainage retention areas should be located. 1. A description of any transportation improvement. m. Any other information deemed necessary by the Development Coordinator for the reasonable review of the propped development. (ii) For non-residential development this shall include: a. Project name. be Type of project (retail sales, wholesale sales, warehousing, manufacturing, other). e. Parcel size in acres. - 131 - " 434 , d530 BOOK de ee Project size (non-eesidentiai floor area and number of non- residential units). Land Use (Official Zoning Arias ehssffication and St. Lueie County Comprehensive Plan classification). f. Impermeable surface area. g. Open space. h. Parking. i. Development schedule for all phases. jo A statement describing whether the project will utilize exist- ing water and sewage facilities and, if so, a letter from the relevant authority stating that capaeity will be available for the project on completion. A statement describing the conceptual drainage information that includes the diteetion of surface flow, a statement of drainage outfall, and where drainage retention areas should be located. 1. A description of any transportation improvements. me Any other information deemed necessary by the Development Coordinator for the reasonable review of the proposed de- velopment. (b) Site Plan drawin~s~ All site plan detail sheets shail be submitted on a sheet size of 24" x 36" and at a scale no smaller than 1" = 50'. For large projects a smaller scale generalized plot plan may be submitted as a cover sheet, however, detail sheets will be requited. Detail sheets shall include the foIlowtng information: (i) (ii) (iii) (iv) (v) Location of the property by lot number, block number, and street address, if any. The boundary Lines of the property, the dimensions of the property, existing subdivisions, easements, roadways, raft lines and public rights-of-way. Boundaries depicting construction phases, if applicable. Building identification and dimensions (number of dwelling units if residential; floor area if non-residential). The location, height, and use of all proposed and existing buildings and structures. - 132 - E!531 BOOK (vi) The approximate location and dimension of all proposed lots and all yard requirements. (vii) The location and dimension of parking lots and loading areas. (viii) The location and dimension of all waste disposal and water supply facilities. The location of all dralnnge retention areas and major drainage improvements. (x) The location of all transportation improvements. (xi) The location and configuration of all public and private roadways for a distenee of one hundred fifty (150) feet around the property. (xiO Proposed landscaping, including the type, location and quantity of all plants or materials, and the location and height of fences or screen plantings. L~iiO The location, size and arrangement of all existing or proposed signs and lightings. (xiv) (xv) (xvi) Proposed lot lines and plot designs, if applieuble. The location, and type, of any structure or paved area within fifty (50) feet of the outside property boundaries. Any other information deemed neeassary by the Development Coordinator for the reasonable review of the proposed de- velopment. (c) A Boundary and Top~rranhie Survey, with contour lines at one (1) foot intervals, prepared, signed, and sealed by a registered Florida Land Surveyor which shall contain: (i) Aereage eertifieation of all land above the elevation of Mean High Water (MHW). (ii) (iii) (iv) The Mean High Water line, where applicable. The location of all submerged lands, if applicable. The location of the Coastal Construction Setback line, where applicable. (d) (e) A Location Map_, whieh shall delineate the project boundaries on the St. Lucie County Property Appraiser Maps. A Driveway Location Map_, which shall show the location of all drive- ways, public streets, and private drives within six hundred sixty (660) feet of the property boundary, along any private or publie street which will serve the project. °"434 - 133- [~OOK An Aeri~d Phot~rnph of the property upon which the development is proposed. (g) Transuortation Impact Report ~. Whenever submission of a site plan is required, a transportation impact study shall be provided for any proposed residential development exceeding fifty (50) dwelling units, any proposed non-residential development exceeding six thousand (6,000) square feet gross floor area, or any proposed development on North or South Hutchinson Island. The Board of County Commissioners shall authorize total or partial relief from the requirement of a transportation impact study if it finds, after receiving the recommendation of the Site Plan Technical Review Committee and based on conditions peculiar to the proposed development, that the information foregone by such relief is not needed to determine the roadway, traffic control, and access improvements that should be undertaken to accommodate the additional traffic generated by the proposed development. (ii) ~ The base transportation impact study area shall include all major roadways (collectors, minor arterials, and major arterials) within one (1) mile of the site. The study area shall be expanded if necessary to include at least the intersection(s) of the major access roadway(s) with the first major or minor arterial roadway in each travel direction from the development. The study area shall be verified with the Site Plan Technical Review Committee before the preparation of the impact report. The Site Plan Technical Review Committee shall require extension of the study area to incorporate collector and arterial roadways and intersections outside the one (1) mile base area if traffic generated by the proposed development potentially would affect levels of service of such roadways and intersections and existing or projected levels of service of such roadways are Level of Service C or below. (iii) ~ The transportation impact report shall contain the following for the specified impact study area: A detailed description of the collector and arterial road net- work, including existing and programmed roadway lanes and lane width right-of-way widths; existing and programmed traffic signal locations and signal phasing; existing and planned ingress and egress locations for development mutually served by major roadway facilities with the proposed development (including all aec.ss locations adjacent to and within six hundred (600) feet of the proposed development property lines); and existing and programmed public transportation services and facilities. b. A description of major approved development, including phasing and anticipated completion dates. °" 434 - 134- A detailed description of the existing traffic conditions, including the peak season average daily traffic and the highest average peak season peak hour volume for all collector and arterial roads within the study area. The peak season daily traffic shall be based on twenty-four (24) hour traffic counts eondueted over a five (5) weekday (Monday-Friday) period during January, Febru~, or Mareh. If data collection cannot be aeeomplished during this period, the counts will be adjusted based upon St. Lueie Metropolitan Planning Organization quarterly count data for roadways within or adjacent to the study area. If St. Lueie Metropolitan Planning Organization traffic counts are not available to reflect the seasonal variations, then an average areawide seasonal adjustment factor will be applied. This factor shall be approved by the Site Plan Technical Review Committee. If St. Lueie Metropolitan Planning Organization traffic counts are available for the area under study, the twenty-four (24) hour traffic count requirement ,an be reduced to one (1) weekday. The methodology and assumptions for the seasonal adjustment must be clearly stated. The highest volume hour or peak hour will be defined from the hourly traffic eount(s) conducted over one (1) or more twenty-four (24) hour periods as described above. Peak period intersection turning movement counts will be eondueted for at least one (1) hour at all interseetiom of collector and arterial roadways within the study area. Peak hour counts will be adjusted to reflect peak season conditions if the counts are not obtained between January and March. Methodology for these adjustments will be approved by the Site Plan Technical Review Committee. de Capacity analyses will be conducted at the intersections of all major roadways in the impact .rea that are signalized or that warrant signalization. These analyses wilt be performed as specified in Transportation Research Circular No. 212, ~Interim Material on Highway Capacity," Transportation Research Board, January 1980. When the major street network serving the proposed development includes Links that may control capacity (e~., two-lane arterials), additional link capacity analyses will be accomplished in accordance with the 1965 Highway Capacity Manual. Based on the capacity analyses described in sub-subparagraph d. above, a summary of existing lev,ts of service on the impact area network will be provided. A detailed analysis of traffic impact of the proposed development, including the following eomponents~ Trip Generation - indicate dally and peak hour trip generation data. Peak hour trip generation data should reflect the impact anticipated during the existing street peak hour. The analysis will show in tabular form the land use components, the trip generation rates and the total trips generated by land use type. 434 I~OOK - 135 - ® Indicate the internal/external split for daily and peak hour travel. The analysis should indicate the basis for capturing internal travel within the proposed development. e Trip distribution - indicate the basis for determining trip distribution for the proposed development and the resultant trip distribution by eatclinal direction (north, south, east and west). e Identify the trip assignment (daily and peak hour) within the study area. Daily volumes should be noted alon& roadway links. Peak hour volumes should be reflected in turning movements at development entrances and major roadway intersections. Daily and peak hour trip generation, as well as .inbound/outbound direction split shall be based on the report entiUed "Trip Generation (3rd Edition)" by the Institute of Transportation Engineers published in 1982, or its successors, except when special trip generation re- search conducted by a registered engineer practicing in the area of transportation engineering demonstrates alter- native data to be more appropriate. Trip generation assumptions will be approved by the Site Plan Technical Review Committee prior to conducting the traffic impact analysis. A detailed eumulutive transportation impact analysis. This analysis will include existing traffic, traffic growth due to other approved development and the impact of the proposed development. This analysis must identify projected average peak season daily traffic and peak hour volumes for all coLleetor and arterial roadways and must identify the development impact separately from the cumulative traffic volume. For the purposes of these analyses, background traffic will be identified as existing plus other approved development traffic. Other development traffic will be identified by using actual traffic analyses for approved projeets and historical growth trends on the subject roadways as appropriate. The methodology to be employed in assessing background traffic will be approved by the Site Plan Technical Review Committee prior to conducting the traffic analysis. Capacity analyses will be conducted using the criteria as described in sub-subparagraph d. above for cumulative traffie to identify levels of service resulting from the cumulative traffic demands, including the proposed development. When the combination of back ground traffic and the impact from the subject development will reduce the level of service below D in the peak season, analyses will be conducted to identify thee improvements required to maintain Level of Service D or better conditions during the peak season. These improvemeuts wilI be identified clearly. 0g - 136 - (iv) Teaffie Stud? and Teaffie Date Inventory and File. The Develop- ment Coordinator shall keep a file of ah traffic studies, including the eepaetty ailoeated for each approved project. In determining the projected demand in sub-subparagraph 4(g)(iii)(g). above, the impact analysis shall include trip already allocated in previOus development approvals. The County shall provide information when appropriate data already exists and is available in order to prevent duplication. (h) Environmental Impact Reoort (i) A[~U/I/I];~i~. Whenever submission of a site plan is required, an environmental impact report shall be provided if a proposed development would be located in whole or in part in a one hundred (100) year flood plain, or on North or South Hutchinson Island. The Board of County Commiasioners shall authorize total or partial relief from the requirement of an environmental impact report if it finds, after receiving the recommendation of the Site Plan Technical Review Committee and based on conditions peculiar to the proposed development, that the information foregone by such relief is not needed to determine the environmental impact of the proposed development. following: The environmental impact report shall contain the a. A vegetation and substrate survey including: Extent and acreage of any areas in which vegetation typical of the primary dune extends landward of the Coastal Construction Control Line. 2. Extent and acreage of all marsh and mangrove forest areas, including substrate conditions. 3. Extent and acreage of all upland hammock forests. me Extent and acreage of weUands. For these purposes, wetlands are defined as areas that are subject to saturation (i~., water is at the soil surface at least two (2) months, at least seven (7) out of ten (10) years), or that exhibit vegetative communities or soft types characteristic of this hydro-peried. b. The required first floor elevation, and whether all floor elevations will be above this level. c. The identification of any area that has experienced overwash of the primary dune. de The identification of any area subject to breach during steam conditions. 00 434 - 137- e® An assessment of the impacts upon onsite vegetation and wildlife, and onstte and offsite natural resources; a description of the planned approach that will be used to minimize these imparts{ a description of the proposed alterations or distuFoanees to any of the areas identified in response to sub- subparagraphs three (3) and four (4) abovel and the mitigation that will be provided. (5) Standards of Review for Site Plan Approval Site plan approval shall be granted only if the applicant demor~trates the following: (a) Consistene_v with Local Ordinances and Comprehensive ~l~n. The proposed building or use ts consistent with the general purpose, goals, objectives, and standards of this Ordinance, the St. Lueie County Growth Management Policy Plan and the Code of Ordinances of St. Lueie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Ordinance authorizing such use and any other requirement of the Code of Ordinances of St. Lueie County. (b) Effect on Adiaeent Properties. (i) The proposed building or use will not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. (ii) All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. (iii) The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulatiom. (e) Adequacy of Public Facilities, The proposed building or use will be served I~r adequate public faeilities and services such as highways, streets, parking spaces, police and fire protection, drainage, structures, refuse disposal, water and sewer, and schools; or the applicant will make an equitable contribution toward such provision of such services. (cO Adeouaev of Fire Proteetiop. The applicant has obtained from the' St. ~,ue{e County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. ~OOK - 138 - (e) Environmental Impact. For developments required to provide an environmental impact report under paragraph (4)(h) of this section, the proposed development will not contravene any applicable provision of the St. Lueie County Growth Management Policy Plan, or of Chapter VIII, nNatural Environment Analysis," of the St. Lueie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). (6) Conditiom on Site P1Rn Ap_peOVal The Board of County Commissioners shall attach any reasonable condition, limitation, or requirement to a site plan approval as is necessary to effectuate the purposes of this section and to carry out the spirit and purpose of the zoning regulations and the St. Lucie County Growth Management Policy Plan. Such conditions shall be set forth expressly in the resolution approving the site plan. (a) (b) Imoaet on School System. For residential developments, a site plan shall not be approved un~ess the applicant has received from the School Board of St. Lueie County written confirmation of the anticipated financial impact of the development upon the County school system and the applicant agrees to pay to the School Board an amount equal to the anticipated financial impact. The Board of County Commissioners shall authorize total or partial relief from the requirement to pay the amount specified by the School Board if it finds that the proposed development would have a lesser financial impact on the County school system. Maintenance of Level of Servieg ~). Whenever level of service, either existing or as a result of traffic generated by a proposed development, is determined to be below Level of Service D in the peak season, the site plan shall not be approved except upon the condition that the applicant make the roadway or other improvements necessary to maintain Level of Service D in the peak season, or make an equitable contribution toward such improvements. (e) Traffic Control Devices, Whenever, as the result of additional traffic generated by a proposed development, it is determined based on the Manual on Uniform Traffic Control Devices that there is a need for installation of traffic control devices (including traffic signals, signing, and pavement markings), the site plan shall not be approved except upon the condition that the applicant be responsible for installing all said devices and signs, or make an equitable contribution toward such installation. (d) Access Improvements, A site plan shall not be approved except upon the condition that the applicant provide the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. (e) Timing_ of Occupancy. If the proposed development, together with existing and previously approved development, will necessitate roadway or other improvements to maintain Level of Service D during peak season, or will require treffie control devices cr aeeeas improvements, a site - 139- °" 434 BOOK plan shall not be approved except upon the condition that certificates of oeeupaney not be issued until after such improvements or traffic control devices are installed. The Board of County Commissioners shall authorize relief from the requirement of postponed oeeupaney certification (by phasin~ issuance of certificates of oeeupancy over an appropriate time period or otherwise) if it finds, after receiving the recommendation of the Site Plan Technical Review Committee and based on conditions peculiar to the proposed development, that such relief will not adversely affect traffic conditions. (f) P~oieets Reoui~imr Oth~ Re~,l~torv Approysl. For developments requiring any permit from the-United-States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resouees, or any other state or federal regulatory authority, the Board of County Commissioners shall not approve unconditionally a site plan until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. The Board of County Commissioners may approve a site plan conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to eonfirmation, the findings required in paragraph (5)(e) of this section. A site plan approval conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the reg~Lb~tory permit application and other information, from revoking such conditional site plan approval (based solely upon an inability to confirm the findings required in paragraph (5)(e) of this section) or from protesting the permit application. (g) Rechetion in M~imum Residential Density. The Board of County Commissioners shall require a reduction from the maximum density permitted in the zoning distriet in which a proposed development is to be located when such allowable maximum residential density (0 Would impose an excessive burden, as determined by recognized engineering or other professional standards, on public facilities that would serve the propped development, or (ii) Would contravene any applicable provision of the St. Lueie County Growth Management Policy Plan, or of Chapter VIII, "Natural Environment Analysis," of the St. Lueie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). (?) Modification of Site Plan (a) Any change in use of buildings, structures, land or water, or institution of new uses, or alteration or additional building of structures or erection of new buildings or structures shall be in accordance with a new or modified site plan conforming and approved pursuant to this section. - 140 - ° 434 BOOK (8) (b) The Development Coordinator may authorize minor adjustments to an approved site plan. Such minor adjustments shall be eons/stent with the intent and purpose of the St. Lueie County Comprehensive Plan and this O~inanee and shall be the minimum necessary to overcome the partieulsr difficulty. Such minor adjustments shall not: (i) Change the use or character of the development. (it) increase the overall coverage or height of sttuetures by moore than ten (10) percent. (iii) (iv) Reduce the approved open space or increase the impervious surface by more than ten (10) percent. Inerense the total number of dwelling units. ALl such minor adjustments shall be shown on a copy of the approved site plan and shall not become effective untri a completed application form and filing fee have been received by the County Development Coordinator. (a) Aoolieation For Site Develooment PIRn Aooroval ALl applications for site plan approval shall be submitted to the Development Coordinator in accordance with the provisions of this section. No application shall be deemed to be complete and officially fried until all information required by the provisions of this subsection has been submitted, aeeompanied by a non~efundable fee according to a schedule established by resolution of the Board of County Commissioners. (b) Review by the Develooment Coordinetoe Within twenty (20) days after submission of the application for site plan approval, the Development Coordinator shall review the application and determine if it is complete. If the Development Coordinator determines that the application is not complete, he shall send a written statement specifying the deficiencies to the applicant by mail. The Development Coordinator shall take no further action unless the deficiencies are remedied. - 141 - ,o 434 (ii) When the Development Coordinator determines that the appliea- t. ion for site plan approval is complete, the Site Plan Technical Review Committee sha]/ review the application! make a report, and notify the Board of County Commissioners that the application is ready to review. (9) Review and Action by the Board of County Commissioners (i) Upon reeeipt of the report of the Site Plan Teehn/eal Review Committee, the Board of County Commissioners shall place the applieation for site plan approval on the agenda of a regular meeting of the Board for review and action. (ii) (iii) In reviewing the application for site plan approval, the Board of County Commissioners shall consider the report of the Site Plan Technical Review Committee and shall determine whether the proposed development specified in the application meets the provisions of this Ordinance, and in particular the standards and criteria of subsections five (5) and six (6) of this section; the St. Lueie County Growth Management Policy Plan; and any other applieable County ordinanee. Within a reasonable time of the conclusion of its review, the Board of County Commissioners shall approve, approve with conditions, or deny the application for site plan approval in accordance with Section 5.1.200(5). The dee/sion on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision. (iv) Notifieation of the Board of County Commissioners* decision shall be mailed to the applicant and filed with the Office of the Development Coordinator in accordance with Section 5.1.200(6). Except as provided in this subsection, a site plan approval shaU be valid for purposes of seouring a building permit for twelve (12) months from the date of approval. Unless a building permit is secured within twelve (12) months and construction subsequently undertaken pursuant to such building permit, the site plan approval shall expire automatieaUy. A site plan conditioned upon receiving notice of issuance of or intent to issue any required permit shall be valid for purposes of securing a building permit for twenty-four (24) months after approval or twelve (12) months after receiving the deseribed notice, whichever period is shorter. Extensions of site plan approval of up to twelve (12) months each may be made by the Board of County Commissioners at its discretion by resolution setting forth any additional condition, limitation, or requirement of sueh extension. - 142 - 434 Section 5.1.400 Filir~ of Aonlieatiov.~ All applications and plans required under the provisions of this Ordinanee shall be filed with the Development Coordinator unless otherwise specified. No application shall be deemed to be eemplete and therefore officially accepted until all information required by this Ordinance has been submitted. Any decision by the Development Coordinator that an application is incomplete may be appealed to the Board of County Commissioners for a determination that the application is complete. Section 5.1.500 Certificate of Zanir~ Comoliance (1) The Development Coordinator is authorized to issue a Certificate of Zoning Compliance that a proposed development complies with the provisions of this Ordinance. (2) The purpose for issuing a Certificate of Zoning Compliance with the provisions of this Ordinance is to ensure that all proposed development within the unincorporated area of St. Lueie County complies with the provisions of the St. Lueie County Zoning Ordinance. (3) Certifiaates of Zanir~ Comnlianee Reauired A Certificate of Zoning Compliance shall be required prior to the issuance of a Building Permit or a Sign Permit. (4) Pr~edure (a) Upon application for a Building Permit or a Sign Permit the Development Coordinator shall determine whether such application complies with the provisions of this Ordinance .and the St. Lueie County Comprehensive Plan. (b) If the Development Coordinator determines the proposed develop- ment complies with the provisions of this Ordinance and the St. Lueie County Comprehensive Plan, he shall issue a Certificate of Zoning Compliance. (c) If the Development Coordinator determines that the proposed development does not comply with the provisions of this Ordinance, the application shall be returned to the applicant accompanied by a written statement setting forth the provisions of this Ordinance with which the application does not comply. (5) Effect of Issuance A Certificate of Zoning Compliance constitutes an official statement that the proposed development complies with the provisions of this Ordinance and any special approvals that apply to the property. °!434 BOOK - 143 - Section 5.1.600 Sewage Com_olianefi (1) A Certificate of Zoning Compliance shall not be issued by the Develop- ment Coordinator for a proposed development until either the St. Lueie County Health Department or the Florida Department of Environmental Regulation has approved a method of sewage disposal for that develop- ment. (2) Pr~eo~r~ All building permit appUeations shall be accompanied by a scale drawing of the building and a plot plan showing the prepcsed sewage dispesal system. Copies of these plans shall be submitted to the St. Lueie County Health Department or the Florida Department of Environmental Regulation for the issuance of the appropriate sewage permit. Section 5.1.700 Buildir~_ Pei. rni~ The erection, alteration, or reconstruction of any building or structure shall not be commenced without obtaining a building permit from the Development Coordinator. No building permit shall be issued for development without a Certificate of Zoning Compliance. When application for a permit to erect or enlarge, alter, or reconstruct any building or strueture has been filed, the Development Coordinator may at his discretion, pending issuance of such building permit, issue a special permit for the foundations of the building. The holder of such a foundation permit shall proceed at his own risk and without assurance that a permit for the superstructure will be granted. Section 5.1.800 Siffn Permit The erection, alteration, reconstruction or conversion of any sign shall not be eommeneed without obtaining a Sign Permit from the Development Coordi- nator. No Sign Permit shall be issued for development without a Certifieate of Zoning Compliance. - 144- °"434 , d543 I~OOK Section 5.~.000 DEVELOPMENT PERMITTED AS OF RIGHT (1) ~ An applicant seeking approval of his proposed development for a use per- mitred ss of right in Section 3.3.100 or for a sign permitted in Section 3.2.700 shall, after obtaining a Certificate of Zoning Compliance in accord- ance with Section 5.1.500, submit an application for a Building Permit or an application for a Sign Permit together with a description of the proposed development to the Development Coordinator. (2) Action on the Application If the Development Coordinator determines that the proposed development hss been issued a Certificate of Zoning Compliance, and the proposed develop- ment eomplie~ with all other requirements of the St. Lueie County Compre- hemive Plan and all other applicable County ordinances, he shall issue the permit. Section 5.3.000 AMENDMENTS TO THE ORDINANCE AND OFFICIAl, ZONING ATLAS Section 5.3.100 Pum(~e The purpose of this section is to provide a means for changing the text of this Ordinance or the Official Zoning Atlss. It is not intended to relieve particular hardships or confer special privileges or rights on any person. Section 5.3.200 Persons Entitled to Prooase Amendmentn (i) Amendments to the text of this Ordinance may be proposed by the Board of County Commissioners, the Planning and Zoning Commission, or any other interested party. (2) Amendments to the Official Zoning Atlas may be proposed by the Board of County Commissioners, the Planning and Zoning Commission, or over fifty (50) percent of the owners of the real property to be directly affected by the proposed amendment. Section 5.3.300 Standards of Review In reviewing the application of a proposed amendment to the text of this Ordinance or an application for a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: (i) Whether the proposed amendment is in conflict with any applicable portions of this Ordinance; - 145 - °"434 BOOK (2) (3) (4) (5) (6) (7) (8) (9) (10) Whether the proposed amendment is consistent with all elements of the St. Lueie County Comprehensive Plan; Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses; Whether there have been changed conditions that require an amendment; Whether and the extent to whieh the proposed amendment would result in demands on public facilities, and whether or the extent to which the pro- posed amendment would exceed the capacity of such pablie facilities, includ- ing but not limited to transportation faeflities, sewage facilities, water supply, parks, drainage, schools and emergency medical faeflities; Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment; Whether and the extent to which the proposed amendment would adversely affect the property values in the area; Whether and the extent to whieh the proposed amendment would result in an orderly and logical development pattern, speeifieally identifying any negative effects on such pattern; Whether the proposed amendment would be in conflict with the public in- terest, and is in harmony with the purpose and interest of this Ordinance; and Any other matters that may I~ deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. S~ction 5.3.400 Procec'm],.es (1) Pc®osal bv the Board of C~unty Commissioners or the Plnnnin~ and Zonin~ Proposals for an amendment to the text of this Ordinance or an amendment to the Official Zoning Atlas by the Board of County Commissioners or the Planning and Zoning Commission shall be transmitted to the Development Coordinator for application. Any interested party may request that the Board of County Commissioners or the Planning and Zoning Commission initiate such an application. (2) Prop_~sals by Others Any person desiring to apply to the Board of County Commissioners for an amendment to the text of this Ordinanee or an amendment to the Official Zoning Atlas shall submit an application to the Development Coordinator, accompanied by a nonrefundable application fee as established from time to time by the Board of County Commissioners to defray costs of processing the application. - 146- oo 434 (3) The application shall include the following information: (a) The applicant's name and address. (b) If the application requests an amendment to the text of this Ordinance, the precise wording of any proposed amendment to the text of this Ordinance shall be provided. (e) A statement describing any changed conditions that would justify an amendment. (d) A statement describing why there is a need for the proposed amend- ment. (e) (r) A statement describing whether and how the proposed amendment eonforrns to the St. Lueie County Comprehensive Plan. A statement outlining the extent to whieh the propcsed amendment: (i) is compatible with existing land uses; (ii) affects the espaeities of public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; (iii) affects the natural environment; and, (iv) will result in an orderly and logical development pattern. If the application requests an' amendment to the Official ZOning AUas the applicant shall include: (i) The street address and legal description of the property pro- posed to be reclassified. (lO (iii) The applicant's interest in the subject property. The owner's name and address, if different than the applicant, and the signature of over fifty (50) percent of the owners of the real property whose property would be reclassified by the proposed amendment, giving their consent to the filing of appli- eatiou, if applicable. (h) (iv) The current zoning classification and existing uses of the prop- erty proposed to be reclassified. (v) The area of the property proposed to be reclassified, stated in square feet or acres, or a major fraction thereof. Such other information or documentation as the Development Coordi- nator may deem necessary or appropriate to a full and proper consid- eration and disposition of the particular application. °"434 ,.1546 - 147- {]OOK (4) Submission to the Develooment Coordinetov Within twenty (20) days after an application for an amendment to the text of this Ordinance or an application for an amendment to the Official Zonin~ Atlas is submitted, the Development Coordinator shall determine whether the application is complete. If the Development Coordinator determines the application is not complete, he shall send a written statement specifying the application's defieieneies to the applicant by marl. ~ne Development Coordi- nator shall take no further action on the applieation unless the deficiencies are remedied. Review by_ PLannir~_ and Develonment Coordinato~ When the Development Coordinator determines an application for an amend- ment to the text of this Ordinance or an application for an amendment to the Official Zoning Atlas is complete, he shall review the application, make a recommendation and noti~ the Planning and Zoning Commission that the application is complete. Section 5.3.500 Action by_ Planning and Zenith_ Commission Public Hearinff bv Planning and Zoni~t Commission Upon notification of the eompleted application for an amendment to the text of this Ordinanee or an application for amendment to the Official Zoning Atlas, the Planning and Zoning Commission shall place it on the agenda of a regular meeting for a public hearing in accordance with the requirements of Seetion 5.1.100. The public hearing held on the applleation shall be in aeeordanee with Section 5.1.200. In reeommending the application to the Board of County Commissioners, the Planning and Zoning Commission shall consider the standards in Section 5.3.300. (2) Action bv Planninff and Zoning Commission Within a reasonable time of the eonelusion of the public hearing, the Planning and Zoning Commission shall make a recommendation to grant or deny the application for amendment to the Board of County Commissioners in the form specified in Eeetion 5.1.201X5). Seetion 5.3.600 Action bv Board of County Commissionel-.~ (1) (a) Upon receipt of the recommendation of the Planning and Zoning Com- mission, Board of County Commissioners shall place the application on the agenda of a regular meeting of the Board of County Commissioners for a public hearing in aeeordanee with the requirements of Section 5.1.100. (b) If the amendment affects five (5) percent or more of the total land area in the unincorporated area of the County, the Board of County Commissioners shall hold two (2) publie hearings on the proposed amendment approximately two (2) weeks apart, both such he~ings to .lin oo 434 - 148- held after 5:00 p~n. on a weekday. All other amendments shall require one (1) public hearing by the Board. The public hearing held on the application shall be in accordance with Section 5.1.200. (e) In making a decision on the application, the Board of County Commis- sioners shall consider the recommendation of the Planning and Zoning Commission and the standards in Section 5.3.300. Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall either grant or deny the application for a pro- posed amendment. Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed in the Office of the Develop- ment Coordinator in accordance with Section 5.1.200(6). Section 5.3.700 T/me L/rnitatior~ (1) After a decision or recommendation denying a proposed amendment to the text of this Ordinance or a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall not consider an application for the same amendment for a period of two (2) years from the date of the action. (2) The time limits of this subsection may be waived by the affirmative vote of four (4) members of the Board of County Commissioners when such action is deemed necessary to prevent injustice or facilitate the proper development of the County. - 149 - 434 Section 5.4.000 CONDITIONAL US]~ Section 5.4.100 General Provisions (1) ~ (2) The purpose of this section is to provide for uses that are generally compatible with the use character!sties of a zoning district, but which require individual review of their location, design, intensity, eonfiguration, and public facility impact in order to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses. Conditional uses may require the imposition of additional conditions to make the uses compatible in their spec!fie contexts. The Board of County Commissioners may, in accordance with the procedures, standards and limitations of this Ordinance, grant conditional use permits for those uses enumerated in each of the zoning districts in Section 3.3.100 of this Ordinance. Section 5.4.110 Persons Entitled to Initiate ADDlieations An application for a conditional use may only be submitted by the owner or any other person having a eontrae~ual interest in the paree! of land proposed for conditional use. Section 5.4.200 Standards of Review fc~ Conditional Use Permit~ A conditional use permit shall be granted only if the applicant demonstrates the following: (1) Consistency with Local Ordinances and Comoveh~n.~ive Plan The proposed conditional use is in compliance with all requirements, and-is eons!stent with the general purpose, goals, objectives and standards, of this Ordinance, the St. Lueie County Growth Management Policy Plan, and the Code of Orclinanees of St. Lueie County; and is in compliance with all additional standards imposed on it by the particular provisions of this Ordinance authorizing such use. (2) Effeet on Adjacent Propevti~ (a) The proposed conditional use will not have an undue adverse effect upon adjacent or nearby property. (b) The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located. oo 434 , 1549 (c) All reasonable steps have been taken to minimize any adverse effect of the proposed eonditional use on the immediate vieir~ty through build/rig design, site design, landscaping, and sereeniug. (d) The proposed conditional use will be eonstmeted, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. (3) Adequacy of Public Faeflit{~ The proposed conditional use will be served by adequate public facilities and services, including roads, police protection, fire protection, refuse disposal, water, sewer, and drainage structures. (4) AdequRey of Fire P~oteetio[! The applicant for the proposed conditional use has obtained from the St. Lueie County-Ft. Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. (5) Environmental Impaot For developments required to provide an environmental impact report under Section 5.1.300(4)(h), the proposed conditional use will not contravene any applicable provision of the St. Lueie County Growth Management Policy Plan, or of Chapter VIII, "Natural Environment Analysis," of the St. Lueie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). Section 5.4.300 Conditions on Conditional Use Permits The Board of County Commissioners shall attach such eonditions, limitations, and requirements to a conditional use permit as are necessary to effectuate the purposes of Section 5.4.000; to carry cut the spirit and purpose of this Ordinance and the St. Lueie County Growth Management Policy Plan; and to prevent or minimize adverse effeets upon other property in the neighborhood, including but not limited to limitations on size, intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress, duration of the permit, and hours of operation. Such conditions shall be set forth expressly in the resolution granting the conditional use permit. (1) Maintenance of Level of Service D Whenever level of service, as a result of traffic generated by a proposed conditional use, is determined to be below Level of Service D in the peak season, the conditional use permit shall not be granted except upon the condition that the applicant make the roadway or other improvements neeessary to maintain level of Service D in the peak season, or make an equitable contribution toward such improvements. - 151 - 0~ 434 (9.) Trnffie ~nt~ol hevie~.~ Whenever, as the result of traffic generated by a proposed conditional use, it is determined, based on the Manual on Uniform Traffic Control Devices, that there is a need to install traffic control deviees (including traffie signals, signing, and pavement markings), the conditional use permit shall not be granted exeept upon the condition that the applicant be responsible for instn]]ing all said devices and signs, or make an equitable contribution toward such installation. (3) Access Improvement,s A conditional use permit shall not be granted except upon the condition that the applicant provide the aeee~ (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. (4) Timir~r of Occupancy If the propesed eonditional use will necessitate roadway or other improvements to maintain Level of Service D during peak season, or will require traffie control devices or access improvements, a conditional use permit shall not be granted except upon the condition that eertifieates of oeeupaney not be issued until after meh improvements or traffic control devices are installed. The Board of County CommL~ioners shall authorize relief from the requirement of postponed oeeupaney certification (by phasing issuance of eertifieates of occupancy over an appropriate time period or otherwise) if it finch, after receiving the reeommendation of the Site Plan Teehnieal Review Committee and based on conditions peculiar to the proposed conditional use, that such relief will not adversely affect traffic conditions. (5) Projects Reauirin~ Other R _egnlntory Anprovals For proposed conditional uses requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the Board of County Commissioners shall not grant unconditionally a conditional use permit until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. The Board of County Commissioners may grant a conditional use permit contingent upon receiving notice of either issuanee of or intent to issue any required regulatory permit if it can make, on a tentaive basis and subject to confirmation, the findings required in Section 5.4.200(5). A eonclitional use permit granted contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information, from revoking such contingent grant of a conditional use permit (based solely upon an inability to eonfirm the findings required in Section 5.4.200(5)) or from protesting the regulatory permit application. ° 434 - 152- §OOK (6) Reduction in Maximum R~sidantial Density The Board of County Commissioners shall require a reduction from the maximum residential density permitted in the zoning district in which a conditional use /s to be located when such allowable maximum residential density: (a) Would impose an excessive burden, as determined by recognized engineering or other professional standards, on public facilities that would serve the proposed conditional use, or (b) Would contravene any applicable provision of the St. Lueie County Growth Management Policy Plan, or of Chapter VIII, "Natural Environment Analysis," of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). Section 5.4.400 Application Section 5.4.410 Pre-ADolieation Confereace An application for conditional use is initiated by requesting in writing a pre- application conference with the Development Coordinator. The request shall include a description of the character, location, and magnitude of the proposed conditional use, together with a proposed timetable for development. The purpose of this meeting is to acquaint the applicant with the requirements of this Ordinance and the views and concerns of the County when positions are flexible. Within twenty (20) days of the request, the Development Coordinator shall schedule a pre-application conference between himself, the applicant, and any other official of other relevant County departments. S~etion 5.4.420 Filing_ AnpHention fo~ Conditional Use Permit (1) After the pre-application conference, an applicant for a conditional use permit shall submit an application to the Development Coordinator accompanied by a nonrefundable fee as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. The application shall include a site plan meeting the requirements of Section 5.1.300(4), and such other information or documentation ss the Development Coordinator deems necessary for the full and proper consideration and disposition of the application. _ oo 434 , d552 (2) Review by County Development Coordinator Within twenty (20) days after an application for conditional use approval is submitted, the Development Coordinator shall determine whether the application is complete. If the Development Coordinator determines that the application is not complete, he shall send a written statement specifying the deficiencies to the applicant by marl. The Development Coordinator shall take no further aetien on the application unless the deficiencies ere remedied. (b) When the Development Coordinator determines that an application for conditional use permit is complete, he shall review the application, make a report, and notify the Planning and Zoning Commission that the application is read~ to review. Section 5.4.430 Hearing_ and Action by Planninff and Zonir~ Commission (1) ~ Upon notification that the applieation for a conditional use permit is ready for review, the Planning and Zoning Commission shall place it on the agenda of a ragularly seheduled meeting for public hearing in accordance with the provisions of Seetion 5.1.100. The public hearing held on the application for conditional use shall be in aeeordanee with Section 5.1.200. (2) Review In reviewing the eonditional use application, the Planning and Zoning Commission shall consider the report of the Development Coordinator; shall determine whether the proposed use meets the standards in Sections 5.4.200, 5.4.300, and 3.3.100 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Ordinance, the St. Lueie County Growth Management Policy Plan, and any other applicable County ordinance. The Planning and Zoning Commission may recommend certain conditions be met before approval of the application. (3) Reeommendatign Within a reasonable time of the conclusion of the public hearing, the Planning and Zoning Commission shall make a reeommendation to grant, grant with conditions, or deny the application. - 154- °"434 M553 i~O0{( Seetion 5.4.440 Heariv~ and Action bv Board of County Commission~3 Upon notification of the recommendation of the Planning and Zoning Commission, the Board of County Commissioners shall place the conditional use application on the agenda of a regularly scheduled meeting for a public hearing in accordance with the requirements of Section 5.1.100. The public hearing held on the application shall be in accordance with Section 5.1.200. (2) Review (3) In reviewing the application, the Board of County Commissioners shall consider the report of the Development Coordinator and the recommendation of the Planning and Zoning Commission; shall determine whether the preposed use meets the standards in Sections 5.4.200, 5.4.300, and 3.3.100 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Ordinance, the St. Lueie County Growth Management Policy Plan, and any other applicable County Ordinance. The Board may require certain conditions be met before approval of the application. Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall approve, approve with conditions, or deny the application for conditional use permit in accordance with Section 5.1.200(5). The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision. (4) Notice of Action Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Office of the Develepment Coordinator in accordance with Section 5.1.200(6). Seetion 5.4.500 Development of an Annroved Conditional Use (1) Effect of Issuance of Conditional Use Pe~nif The issuance of a conditional use permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applieant has secured all other permits and approvals required. - 155 - ' 434 OE1554 E~OOK A~ustments to an Aoo~oved Conditional Use Durimr During development of a conditional use~ adjustments to the approved use may be permitted as follows: (a) Minor Adiustments. The Development Coordinator shall authorize minor adjustments to the approved conditional use when such adjustments appear necessary in Light of technical or engineering eomiderations first discovered during actual development. Such minor adjustments shall be consistent with the intent and purpose of the St. Lueie County Growth Management Policy Plan, this Ordinance, and the conditional use as approved, and shall be the minimum neeesaaty to overcome the partioular difficulty. Such minor adjustments slutll be limited to the following: (i) Altering the bulk of any one (1) structure by not more than ten (10) percent. (iO (iii) Altering the location of any one (1) structure or group of structures by not more than ten (10) feet. Altering the location of any circulation element by not more than ten (10) feet. (iv) Altering the location of any open space by not more than ten (10) feet. (v) Reducing the total amount of open space by not more than five (5) percent or reducing the yard area or open space associated with any single structure by not more than five (5) percent. (vi) Altering the location, type, or quality of landscaping elements. (b) Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. Ma/or Ad/ustments in Snb.~tantial Conformity (i) Any other adjustment to the approved conditional use shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners, which shall grant approval for such other adjustment after a pul)He hearing upon finding that any proposed change in the eonditional use as approved will be in substantial conformity with the original approval. The Board of County Commissioners shall place the application for major adjustment on the agenda of a regularly scheduled meeting for a public hearing in aeeordanee with the requirements of Section 5.1.100. The public hearing on the application shall be held in aeeordanee with Section 5.1.200. ° ,434 i~OOK - 156- (ii) If the Board of County Commissioners determines that the major adjustment is not in substantial conformity with the original approval, then it shall deny the application for adjustment. Such denial shall not preclude development of the approved conditional use. (3) Inspections During Development of an Aooroved Conditional Use (a) Iraoeetions by Develooment Coordinator. Following approval of a conditional use, the Development Coordinator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved conditional use and with the approved development schedule, if applicable. (b) Action by Develonment Coordinator. If the Development Coordinator finds that development is not proceeding in accordance with the approved schedule, or that it falls in any other respect to comply with the approved conditional use, he shall notify the Board of County Commissioners of such fact and may, if he finds it necessary for the protection of the public health, safety, or welfare, take such necessary action to stop such noncompliance. (c) Action by Board of County Commissioners Within thirty (30) days following notification by the Development Coordinator, the Board of County Commissioners shall determine whether development of the conditional use is proceeding in accordance with the approved conditional use. If the Board of County Commissioners finds the development is not proceeding in accordance with the approved conditional use, 'it shall either revoke the permit, or take the necessary action to compel compliance with the approved conditional use. (4) Inspections Altar Develooment (a) Ins_neetion bv Develooment Coordinator. Following completion of the development of a conditional use, the Development Coordinator shall review the development as completed and determine if it complies with the approved conditional use. (b) (c) Action bv Develaoment Coordinator. If the Development Coordinator finds that the development as completed fails in any respect to comply with the use as approved, he shall immediately notify the Board of County Commissioners of such fact. Aetion by Board of County Commissioners. Within thirty (30) days following-notification by the Development Coordinator, the Board of County Commissioners shall determine whether the completed conditional use fails in any respect to follow the approved conditional use permit. If the Board of County Commissioners finds the completed conditional use fails in any respect to follow the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the conditional use. °" 434 - 157- f~OOK Section 5.4.680 Amendments and Extensions of Conditional Use Permit~ (1) (2) After development, a conditional use permit may be amended, varied, or altered only pursuant to the standards and procedures establizhed for its original approval as set forth in Section 5.4.000. The time limitations imposed on a conditional use permit by Section 5.4.800 may be extended by the Board of County Commissioners not more than one (1) time, and for not more than twenty-four (24) months, upon application by the applicant and after a public hearing held in accordance with Section 5.1.200. Section 5.4.650 E×istin? Conditional Uses A legally conforming use that exists on the effective date of this Ordinance and that is permitted as a conditional use in a zoning district in Section 3.3.100 of this Ordinance shall not be deemed a nonconforming usk in that district, but shall without further action be considered a conforming use. A use existing prior to its present classification by this Ordinance as a conditional use may change in use or in lot area or may alter a structure only ff the change or alteration conforms with the requirements of Sections 5.4.000 and 3.3.100 for conditional uses. Such change or alteration may be accomplished only pursuant to the standards and procedures established for the approval of a conditional use as set forth in Section 5.4.000. Section 5.4.700 Revocation of Conditional Use P~rrni~ In addition to any other penalty and remedy for violation of this Ordinance, it shall be a condition of every conditional use approval that such approval may be revoked for violation of any condition imposed upon such approval. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 5.1.200. Section 5.4.8fl0 Expiration of Conditional Use Permit A conditional use permit shall be valid for the purposes of securing a building permit or zoning compliance certificate for twelve (12) months from the date of approval. Unless a building permit or zoning compliance certificate is secured within twelve (12) months, and construction subsequently undertaken pursuant to such building permit, the conditional use permit shall automatically expire unless the permit is extended upon application to the Board of County Commissioners in accordance with Section 5.4.600(2). - 158 - 434 I~OOK Section 5.4.900 Limitations on Aggeoval fo~ Conditional ~ses A conditional use permit shall be deemed to authorize only the particular use for which it was issued and shall automatically expire and cease to be of any foree or effect if such use shall~ for any teason~ be discontinued for a period of twelve (12) consecutive months. i~OOK Section 5.5.000 VARIANCES FROM ZONING DISTRICT REGULATIONS Section 5.5.100 General Provisions (1) The Board of Adjustment shall have authority to grant variances from the requirements of Section 3.0.000 in accordance with the standards and pro- eedures set forth in this section. (2) (3) The purpose of a variance is to provide a mechanism when, owing to special conditions, the literal enforcement of the regulations of Section 3.0.000 that impoae upon a landowner unnecessary hardship can be mitigated without conferring on the applicant any special privilege. An owner of or any person having contractual interest in the property to be affected by the variance may seek a variance under the provisions of this section. Section 5.5.200 Standards for Granting_ Varianee~ The Board of Adjustment shall not grant a variance unless it shall, in each ease, make specific findings of fact based directly upon the particular evidence presented to it which support written conclusions that: (2) (3) (4) The variance requested arises from a condition that is unique and peculiar to the land, structures, and buildings involved; that the particular physical sur- roundings, the shape or topographical condition of the specific property in- volved, would result in urmeeessar7 hardship for the owner, lessee, or occu- pant, as distinguished from a mere inconvenience, if the provisions of Section 3.0.000 are literally enforced; that it is a condition that is not ordinarily found in the same Zoning District, and the condition is created by the regula- tions of Section 3.0.000 of this Ordinance, and not by an action or actions of the property owner or the applicant. A literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same Zoning District under the terms of this Ordinance. The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to acljaeent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to similar lands, structures, or buildings in the same Zoning D/striot. ° 434 - 160- (5) (6) The variance granted is the minimum variance that will make possible the reasonable use of the land, building, or stmetures~ and The variance desired will not be opposed to the general spirit and intent of this Ordinance or the St. Lueie County Comprehensive Plan. Section 5.5.300 Limitations on Vauiane~s (1) Variances shall not be granted that would: (a) Permit a building or structure to have a height in excess of one hundred and twenty (120) percent of that permitted by Table i in Section 3.2.400; or permit a lot width, road frontage, or yard less than eighty (80) percent of that permitted by said Table, except: (i) in the case of nonconforming lots of reoord. in the AG (Agricultural) District, road frontage of less tbn__n one hundred and twenty (120) feet may be permitted on parcels of ten (10) acres or more in total area. (b) Permit the use of land or a structure contrary to the use provisions of Section 3.3.100. (c) Permit a building or structure in the HIRD (Hutehimon Island Residential District) to have a height in excess of one hundred and twenty-five (125) feet. (2) No variance of the provisions of Section 3.0.000 shall be valid for a period longer than twelve (12) months unless a building permit is issued. S~etion 5.5.400 Procedures for ADoliention (1) An application for a variance shall be filed with the Development Coordinator, accompanied by a nonrefundable fee, es established from time to time by the Board of County Commissioners to defray the actual cost of processing the appliontion. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Development Coordinator and shall contain at least the following: (a) Name and address of applicant. (b) Legal description, street address, and lot number and subdivision name, if any, of the property which is the subject of the application. (c) The size of the subject property. (d) The variance sought and the section of this Ordinance from which a variance is requested. - 161- °" 434 500~ (e) The purpose for the requested variance and a statement of. the intended development of property if the variance is granted. A statement of the hardship imposed on the applicant by this Ordinance; a statement setting forth reasons why this hardship is unique to the applicant, and why the same hardship is not imposed on other property in the neighborhood that is similarly situated; a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subjeet property ts located; a statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood; a state- ment of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures; and a statement explaining how the proposed variance is consistent with the general spirit and intent of this Ordinance and the St. Lueie County Comprehensive Plan. (2) Filing an Application for Approval of a VariRne~ Within twenty (20) days after an application for approval of a varianee is submitted, the Development Coordinator shall determine whether the applica- tion is complete. If the Development Coordinator determines that the appli- cation is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Development Coordi- nator shall take no further action on the application unless the deficiencies are remedied. (3) Review by the Develooment Coordinator When the Development Coordinator determines an application for approval of a variance is complete, he shall review the application, make a recommendation, and submit it to the Board of Adjustment. Section 5.5.500 Aetion of Board of Adiustment (2) (3) Upon notification that an application for a variance is eomplete, the Board of Adjustment shall place the application on the agenda of a regularly scheduled meeting for a public hearing in accordance with Section 5.1.100. In review- lng the application for variance approval, the Board of Adjustment shall use the standards in Section 5.5.200. The Board may require the applicant to meet certain conditions before approval of the variance. Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision approving, approving with conditions, or denying the variance. The decision of the Board of ~..djustment shall be mailed to all parties and filed with the Office of the Development Coordinator in accordance with Section 5.1.200(6). Section 5.5.600 App~al.~ from the Board of Adiustment Any person aggrieved by a decision of the Board of Adjustment may within thirty (30) days after the rendition of such decision, apply to the courts of the State of Florida for relief. Section 5.6.000 ~eetion 5.6.100 Authority The Board of Adjustment shall hear and decide appeals from any order, decision, determination, or interpretation by any administrative official of St. Lueie County with respect to the provisions of this Ordinance, subject to the standards and procedures hereinafter set forth. Section 5.6.200 Persons Entitled to Initiate A~neal An appeal may be initiated by any person, officer, board, or bureau of St. Lueie County aggrieved by any order, decision, determination or interpretation of any administrative official of the County with respect to the provisions of this Ordi- nance. Section 5.6.300 A notice of appeal must be filed with the Development Coordinator, the Board of Adjustment, and the office or department rendering the order, decision, determina- tion, or interpretation which is the subject of the appeal within thirty (30) days of the rendition of such order, decision, determination or interpretation appealed from, specifying the grounds upon which the appeal is taken. The filing of such notice of appeal will require the Development Coordinator or County department rendering the decision to forward to the Board of Adjustment any and all records concerning the subject matter of the appeal. Section 5.6.400 Effect of Filin? an Apoeal The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the Development Coordinator or other administrative official rendering such order, decision, determination, or interpretation certifies to the Board of Adjustment that by reason of certain facts, a stay would pose an imminent peril to Life or property; in such case the appeal will not stay further proceedings except by a restraining order. Section 5.6.500 Hearinff bv Board of Adiustrflent (2) The Board of Adjustment shall hold a hearing on the appeal pursuant to the procedures set out in Section 5.1.100 and 5.1.200 within a reasonable time after a notice of appeal is fried. The Board may reverse, affirm, or modify the order, decision, determination, or interpretation. In so modifying such decision, determination or interpretation, the Board shall be deemed to have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant. The decision of the Board of Adjustment shall be mailed to all parties, and fried with the Office of the Development Coordinator in accordance with Section 5.1.200(6). Section 5.6.600 Ap__oenln from Board of A~ustment Any person aggrieved by a decision of the Board of Adjustment may, within thirty (30) days after rendition of such decision, apply to the courts of the State of Florida for relief. 434 - 164- BOOK SECTION 6.0.000 ENFORCEMENT Section 6.].000 CIVIL ENFORCEMENT In the event any building or structure ia erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Ordinance, St. Lueie County, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Section 6.2.000 CRIMINAL PENALTIES (1) In addition to the civil remedies provided herein, any person violating the provisions of this Ordinance shall be prosecuted for a misdemeanor in the courts of the State of Florida, pursuant to Section 125.69, Florida Statutes, and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500), or by imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprison- ment. (2) Each separate provision of this Ordinance that is violated, and each day on which any such violation continues, shall be considered a separate offense. 659945 "84 11 FILED A~ ROGER PCITR~ 5.. C:L£RK ST. LUCIE COUNTY, FL. 434 - 165- BOOK (305) 466-1100 (305) 878-4898 2300 VIRGINIA AVENUE 33450 HAVERT L FENN, District No. 1 · E. E. GREEN, District No. 2 · MAURICE SNYDER, District No. 3 · R. DALE TREFELNER, District No. 4 · BILL PALMER, District No. 5 June 8, 1984 Mrs. Nancy Kavanaugh, Chief, Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find a certified copy of Ordinance No. 84-09, an Ordinance adopting the St. Lucie County Zoning Ordinance and Official Zoning Atlas to govern all structures and the use of land throughout the un- incorporated area of St. Lucie County, Florida. This Ordinance was enacted by the Board of County Commissioners of said County on May 17, 1984. Please advise if I may provide you with any further information. Sincerely, Mar~orie M. Canonica CoMmission Secretary /m2nc Attachment June 11, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of June 8 and certified copy./ies of County Ordinance/s Nos. St. Lucie 84-9 (a) Certified copy/ies of Ordinance/s relative to: County which we have numbered (b) which we have numbered e This/these ordinance/s has/h.ave been filed in this office on June liD 1984. The original/duplicate copy./ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely., (lqrs.) ~Nancy' Kavanaugh Chief, Bureau of La~s FLORIDA-State of the Arts ORDINANCE NO. 84-10 A~ ORDINAI~CE I, EV~INO A CKI#II~L JUSTICE FACILITY DISCIIETIONAI~ SAI.~S TAX PURSUANT TO CHAPTER 83-355~ I~JIS OF FIZ)~IDA~ ]?~O~IDINO ~O~ ~SE OF THE PROCEEDS~ PROVIDING FO]{ CERTIFICATION TO THE FI~ILIDA DEPAR~IENT OF REVENUE OF A CONTRACT FOR CRI[IINAL JUSTICE FACILITIESI PROVIDING FOIl AD[~INISTRATION, COLLECTION, ENFORCFdqENT, AND DISBURSE[lENT OF THE TAXI PROVIDING FOR A REPERENDU~ ELECTION ON THE QUESTION OF WHETHER THIS ORDINANCE AND THE TAX SHALL BE APPROVED; PROVIDING FOR NOTICE TO'THE FLORIDA DEPARTIqENT OF REVENUE OF APPROVAL OF THIS ORDINANCE AND THE TAXI PIIOVIDING 'FOIl CONFLICTING PROVISIONS; PROVIDING FOIl SEVERABILITY AND APPLICABILITYI PROVIDING FOIl FILING WITH THE FLORIDA DEPARTtqENT OF STATEI PROVIDING FOR FILING WITH THE FLORIDA DEPARTIq~NT OF REVENI~EI PROVIDING AN EFFECTIVE DATEI PROVIDING FOIl ADOPTIONI AND PROVIDING FOIl CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Chapter 83-355, Laws of Florida, authorizes this Board to levy, for the period January 1, 1985, through December 31, 1985, or any portion thereof, a discretionary additional one percent tax on all transactions occurring in St. Lucie County that are subject to the state tax imposed on sales, use, rentals, admissions, and other transactions as provided in Chapter 212, Florida Statutes, except that the sales amount above $1,000 on any one transaction shall be exempt. Chapter 83-355 further provides that this Board must expend the proceeds of such tax for criminal justice facilities for St. Lucie County. 2. The capacity of currently existing jail facilities in St. Lucie County is insufficient to house all those persons adjudicated guilty of crimes and sentenced to the County jail or awaiting transport to State prison facilities, together with those persons that have been charged with crimes and should be incarcerated pending trial. B~4~ ~C~ ~ 3. Because of the foregoing insufficiency, and because that insufficiency is expanding, this Board must construct new jail facilities to prevent the forced release of persons who may be dangerous to society, are likely to flee pending trial, or have not served sentences commensurate with the crimes committed. 4. The existing revenue sources of St. Lucie County are inadequate both to finance the acquisition and construction of jail facilities necessary for the current and projected prisoner population of the County and to maintain County services and functions at existing levels without an inordinate increase in ad valorem taxes. 5. The adoption of a discretionary sales tax pursuant to Chapter 83-355, Laws of Florida, will provide a major portion of the funds necessary to construct necessary jail facilities in St. Lucie County, will reduce substantially the long term borrowing required to finance such construction, and in turn will save the citizens of St. Lucie County millions of dollars in interest costs. 6. pursuant This Board should levy a discretionary sales tax to Chapter 83-355, Laws of Florida, subject to referendum of the electors of St. Lucie County, and thereby afford the citizens of the County the opportunity to reduce the long term borrowing required to finance needed jail facilities. NOW, ~EREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 362 PART A. ADDITION OF C~APTER 1-19.5 (TAXATION). The Code of Ordinances of St. Lucie County, Florida, is amended by adding a new Chapter 1-19.5, to read as follows: C~%P~ER 1-19.5 TAXATION ARTICLE I. IN GE~EI~%L Sections 1-19.5-1 through 1-19-5-20. Reserved. ARTICLE II. CRIMINAL JUSTICE FACILI~ DISC~TIO~]At~X SALES TAX Section 1-19.5-21. Le~y. (a) Subject to the provisions of this article and Chapter 83-355, Laws of Florida, there is hereby levied, for the period January 1, 1985, through December 31, 1985, both dates inclusive, a discretionary additional one percent tax on all transactions ocurring in St. Lucie County that are subject to the state tax imposed on sales, use, rentals, admissions, and other transactions as provided in Chapter 212, Florida Statutes, except that the sales amount above $1,000 on any one transaction shall not be subject to the tax imposed by this article. (b) For the purpose of this article, a transaction subject to the tax authorized in this article shall be deemed to have occurred in St. Lucie County when any of the alternative criteria set forth in paragraph (1) (b) of Section 1 of Chapter 83-355, Laws of Florida, has been met. (c) For the purpose of this article, all taxable transactions occurring during the period for which the tax levied pursuant to this article is in effect shall be subject to such tax, except utility, communications, or wired television services that are billed on a regular, monthly cycle, which services shall be treated as provided in paragraph (1) (c) of Section 1 of Chapter 83-355, Laws of Florida. (d) In the case of written contracts that are signed prior to the effective date of the tax authorized by this article for the construction of improvements to real property or for remodeling of existing structures, the contractor responsible for the performance of such contract shall pay the tax levied pursuant to this article. Such contractor, however, may apply for one refund of such tax paid on materials necessary for the completion of such contract, as provided in paragraph (1) (d) of Section 1 of Chapter 83-355, Laws of Florida. Section 1-19.5-22. Use of Proceeds. The proceeds of the tax authorized in this article, and any interest accrued to such proceeds, shall be expended within St. Lucie County to acquire and construct criminal justice facilities consisting of a branch jail within the County, or to construct or alter adjacent roads necesary to provide adequate access to such facilities. Neither the proceeds nor any interest accrued thereto shall be used for operational expenses of the facilities described in this section. Section 1-19.5-23. Certification of Contract for Criminal Justice Facilities. Prior to January 1, 1985, the Board of County Commissioners shall certify to the Florida Department of Revenue that it has entered into a contract or contracts for the purposes enumerated in Section 1-19.5-22, and shall include with such certification a schedule of disbursements required to satisfy the contract or contracts. Section 1-19.5-24. /kIministzation, Collection, Enfozcement, and Disbursement. The tax levied pursuant to this article shall be administered, collected, enforced, and disbursed as provided in paragraphs (4), (5), (7), (8), and (9) of Section 1 of Chapter 83-355, Laws of Florida. PAR~ B. REFERE~]D~ ON APPRO~AL. ~. In accordance with paragraphs (3) (a) and (3) (b) of Chapter 83-355, Laws of Florida, and other applicable law, a referendum election is hereby called and shall be held in St. Lucie County, Florida, on Tuesday, November 6, 1984, in conjunction with the 1984 general election to be held on that day, for the purpose of submitting to the qualified electors of St. Lucie County the question of whether this ordinance and a criminal justice facility discretionary sales tax shall be approved. ~. At least referendum election shall thirty (30) days notice of the be provided by publication in a newspaper of general circulation in St. Lucie County. The publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum election is to be held. Notice shall be given in substantially the following form: NOTICE OF NO~ICE IS HEREBY GIVEN that a referendum election will be held throughout St. Lucie County, Florida, on November 6, 1984, for the purpose of determining the following question: PROPOSAL FOR LIMITED ONE PERCENT SALES TAX FOR CRIMINAL JUSTICE FACILITIES SHALL A ONE (1) PER CENT TAX ON THE FIRST $1,000 OF ALL TRANSACTIONS OCCURRING IN ST. LUCIE COUNTY THAT ARE SUBJECT TO THE STATE TAX IMPOSED ON SALES, USE, RENTALS, ADMISSIONS, AND OTHER TRANS- ACTIONS IN THE COUNTY BE IMPOSED FOR A PERIOD OF ONE (1) YEAR IN ADDITION TO ALL OTHER TAXES REQUIRED BY LAW FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUISITION AND CONSTRUCTION OF CRIMINAL JUSTICE FACILITIES CONSISTING OF A BRANCH JAIL WITHIN THE COUNTY, AS PROVIDED BY CHAPTER 83-355, LAWS OF FLORIDA? The polls will be opened at the voting places on the day of said referendum election from 7:00 A.M. to 7:00 P.M. on the same day. Ail qualified voters residing within St. Lucie County may vote in said referendum election. ~9~. The ballots to be used in the referendum election shall be in the form as provided by law and shall contain the question to be voted upon. The ballot shall be in substantially the following form: PROPOSAL FOR LIMITED ONE PERCENT SALES TAX FOR CRIMINAL JUSTICE FACILITIES SHALL A ONE (1) PER CENT TAX ON THE FIRST $1,000 OF ALL TRANSACTIONS OCCURRING IN ST. LUCIE COUNTY WHICH ARE SUBJECT TO THE STATE TAX IMPOSED ON SALES, USE, RENTALS, ADMISSIONS, AND OTHER TRANS- ACTIONS, IN THE COUNTY BE IMPOSED FOR A PERIOD OF ONE (1) YEAR IN ADDITION TO ~OOK ALL OTHER TAXES REQUIRED BY LAW FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUISITION AND CONSTRUCTION OF CRIMINAL JUSTICE FACILITIES CONSISTING OF A BRANCH JAIL WITHIN THE COUNTY, AS PROVIDED BY CHAPTER 83-355, LAWS OF FLORIDA? DO you favor financing criminal justice facilities with a 1 cent sales tax for 12 months only? Yes--for financing criminal justice facilities. No-- against financing criminal justice facilities. PART C. NOTICE OF APPI~OVAL. The Board of County Commissioners shall notify the Florida Department of Revenue within 10 days of the approval of this ordinance in the referendum provided in Part B. PART D. CONFLICTING PI%OVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, county ordinances, and county resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Florida Department of State, The Capitol, Tallahassee, Florida 32304. PART G. FILING WITH THE DEP/%RT#ENT OF ~vENu~. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 102 Carlton Building, Tallahassee, Florida 32301. PART H. EFFECTIVE DATE. If approved as provided in Part B, this ordinance shall be effective for the period January 1, 1985, through December 31, 1985, both dates inclusive. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Maurice D. Snyder Vice-Chairman R. Dale Trefelner Commissioner E. E. Green Commissioner Havert L. Fenn Commissioner William B. Palmer Aye Absent Aye Aye PART J. CODIFICATION. The provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through J shall not be codified. PASSED AND DULY ADOPTED this 19th day of June, 1984. ATTEST: BOARD OF COU~T~ CO~O[ISSIONERS ST. LUCIE COUNTY, FLORIDA ~ I~I)~I(~IID, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a ordinance adopted by the ~id Board of County C~.m~ssioners at a meeting held on the /~z~ day of~ 1984. day of WI~ my hand and the seal of said Board thins ~TM ~ , 1984. ~er ~oitras, Clerk of Ik~d ~f County of S~. ~cie County, neput'.y Cierl< 370 STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEW TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newsp.aper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a...m. ¢.~. t ~.n g.. u.o. t ~e e .......... in the matter of. ord s4-z0 was published in said newspaper in the issues of .......... · 5/3~_/s4 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding th~ ,~J3ublication of the attached coov of advertisem · · , ~__r.~ _,~,. ~,~ ......... ;., ent, and affiant ~u ~n..e~/.~e~_~ ~ac'~l~.~.)~. s ne]~ner paid nor promised any person, firm or corpora- tio.8~.t~.~j!~ ~P.t&~ate, commission or refund for the purpose of securing th~l~rti~ me~o_~r~'13ublication in the said news a er '~ r ~' " PP' ~ ~I toa~J ~ubsC~i]~d~ before me ~ ~ ;:':~: ~ ' ;~;'.",~. .............. · .............. ;~':~'2f'~~ '. ':'"~",'1'. :: ~0',,-,0,., o~ ,~ L ~. U~D. BOOK~ I~,~'E 37l' of St. Lucle Coufity, Florida levied pursuant to th~- ,~rtl- PART F. FILING WITH .PUBLISH: May31,1984 cie. Such contr ~r, THE DEPARTMENT OF ORDINAN'CE NO. 84-10 however, may eppl~ ne STATE. AN GRDINANCE LEVY- refund of such fax p~. , on The Clerk Is hereby I N G A .C R I M I N A L materials necessary for the directed forthwith to senda JUSTICE FACILITY completion of such con- certified copy of this or- DISCRETIONARY SALES tract, as provided in dinance to the Bureau of TAX PURSUANT TO paragraph (1) (d) of Section Laws, Florida Departrnent CHAPTER 83-355, LAWS 1 of Chapter 83-355, Laws of of State, The Capitol, OF FLORIDA; PRO- Florida. Talla hessae, FIor Ida 32304. VIDING FOR USE OF THE PROCEEDS; PROVIDING FOR CERTIFICATION TO THE FLORIDA DEPART- MENT.OF REVENUE OF A CONTRACT FOR CRIMINAL JUSTICE FACILITIES; PRO- VIDING FOR A D- MINISTRATION, COL- LECTION, ENFORCE- MENT, AND DISBURSE- MENT OF THE TAX; PROVIDING FOR A REFERENDUM ELEC- TION ON THE QUESTION OF WHETHER THIS OR- DINANCE AND THE TAX SHALL BE APPROVED; PROVIDING FOR NOTICE TO THE FLORIDA DEPARTMENT OF REVENUE OF AP- PROVAL OF THIS OR- DINANCE AND THE TAX; PROVIDING FOR CON- FLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AP- PLICABILITY; PRO- VIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF REVENUE; PRO- VIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PRO- VIDING FOR CODIFICA- TION WHEREAS, the Board of County Commissioners of St. Lucia County, Florida, has made the following determinations: 1. Chapter 83-355, Laws of Florida, authorizes this Board to levy, for the period January 1, 1985, · through December 31, 19~B5, or any portion thereof, a discretionary additional one percent tax on all tran- sactions occurring In St. Lucle County that are sub- ect to the state tax Impos- ed on sa es, use, renta s, ad- missions, and other tran- sactions as provided In Chapter 212, Florida Statutes, except that the sales amount above $1,000 on any one transaction shall be exempt. Chapter 83-355 further provides that this Board must expend the pro- ceeds of such tax for criminal justice facilities for St. Lucia County. 2. The capacity of cur- rently existing iai/facilities in St. Lucle County is insuf- ficient to house all those persons adjudicated guilty of crimes and sentenced to the County jail or awaiting transport to State pi-isDn facilities, together with those persons that have been charged with crimes and shouldbe incarcerated pending trial. 3. Because of the forego- ing Insufficiency, and because that insufficiency is expanding, this Board must construct new jail facilities to prevent the forced release of persons who may be dangerous to society, are likely to flee pending trial, or have not served sentences commen- surate with the crimes com- m Itted. 4. The existing revenue sources of St. Lucle County are Inadequate both to finance the acquisition and construction of jell facilities necessary for the current and projected prisoner population of the County and fo maintain County services and func- tions at existing levels without an InOrdinate In- crease in ad valorem taxes, 5. The adoption of a discretionary sales tax pur- suant to Chapter 83-355, Laws of Florida, wlllpro- vide a major portionrof the funds necessary to con- struct necessary jail facilities in St. Lucle Coun- try, will reduce substantially e long term borrowing re- quired fo finance such con- struction, and In turn will save the citizens of St. Lucle County millions of dollars In interest costs. 6. This Board should levy a discretionary sales tax pursuant to Chapter 83-355, Laws of Florida, sub act to referendum of the · actors of St. Lucia County, and thereby afford the citizens of the County the opportuni- ty to reduce the long term borrowing required to finance needed jell facilities. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis- sioners of St. Lucia County, F Iorlda* PART A ADDITION OF CHAPTER 119.5 (TAXA- ql TiON I Section 1-19.5-22. Use of Proceeds. The proceeds of the tax authorized in this article, and any interest accrued to such proceeds, shall be ex- pended within St. Lucie County to acquire and con- struct criminal justice facilities consisting of a branch jail within the Coun- ty, or to construct or alter adjacent roads necessary to provide adequate access to such facilities. Neither the proceeds nor any in- terest accrued thereto shall be used for operational ex- penses of the facilities described in this section. Section 1-19.5-23. Cer- tification of Contract for Criminal Justice Facilities. Prior to January 1, 1985, the Board of County Com- missioners shall certify to the Florida Department of Revenue that it has entered Into a contract or contracts for the purposes enumerated in Section 1- 19.5-22, and shall Include with such certification a schedule of disbursements required to satisfy the con- tract or contracts. Section 1-19.5-24. Ad- ministration, Collection, Enforcement, and Disbursement. The tax levied pursuant to this article shall be ad- ministered, collected, en- forced, and disbursed as rovlded in paragraphs (4), 5), (7), (8), and (9) of Sec- tion I of Chapter 83-35, Laws of Florida. Part B. REFERENDUM ON APPROVAL. Section 1. In accordance with paragraphs (3)(e) and (3)(b) of Chapter &3-355, Laws of Florida, and other applicable law, a referen- dum election Is hereby call- ed and shall be held In St. Lucle County, Florida, on Tuesday, NOvember 6, 1984, In conjunction with the 19~4 general election to be held on that day, for the purpose of submitting fo the qualified electors of St. Lucie County the. question of whether this ordinance and a criminal ustice facility discretionary sales tax shall be approved. Section 2. At least thirty (30) days notice of the referendum election shall be provided by publication In a newspaper of general circulation In St. Lucle County. The publication shall be made at least twice, once in the fifth week and once In the third week hrior to the week In which e referendum election Is to be held. Notice shall be o lven In substantially the Ilowing form: NOTICE OF REFEREN- DUM NOTICE IS HEREBY GIVEN that a referendum election will be held throughout St. Lucia fy, Florida, on November 6, 1984, for the purpose of determining the following question: SHALL A ONE (1) PER- ~ENT TAX ON THE ~FIRST $1,000 OF ALL TRANSACTIONS OC- CURRING IN ST. LUClE COUNTY THAT ARE SUB- JECT TO THE STATE TAX IMPOSED ON SALES, USE, RENTALS, ADMIS- SIONS, AND OTHER TRANSACTIONS IN THE COUNTY BE IMPOSED FOR A PERIOD OF ONE (1) YEAR IN ADDITION TO ALL OTHER TAXES REQUIRED BY LAW FOR THE PURPOSE OF PAY- ING PART OF THE COST OF ACQUISITION AND CONSTRUCTION OF CRIMINAL JUSTICE FACILITIES CONSISTING OF A BRANCH JAIL WITHIN THE COUNTY, AS PROVIDED BY CHAPTER &1-355, LAWS OF FLORIDA? PART G. FILING WITH THE DEPARTMENT OF REVENUE. The Clerk is hereby directed forthwith to send · certified copy of this or- dinance to the Florida Department of Revenue, 102 Carlton Building, Tallahassee, Florida32301. PART H. EFFECTIVE DATE. If approved as provided In Part B, this ordinance shall be effective for the )herlod January 1, 1985, rough December 31, 19~5, both dates Inclusive. 3. Tho bmllo~ to 1 : and th, the fax ImpeMd i cie. H~. (b) St. Lucle ' set 'c..OTtC~i M (305) 466-1100 (305) 878-4898 2300 VIRGINIA AVENUE 33450 HAVERT L. FENN, District No. I E, E. GREEN, District No. 2 o MAURICE SNYDER, District No 3 · R. DALE TREFELNER, District NO. 4 · BILL PALMER, District NO 5 June 21, 1984 Florida Department of Revenue 102 Carlton Building Tallahassee, FL 32301 Gentlemen: Attached please find a certified copy of Ordinance No. 84-10 levying a criminal justice facility discretionary sales tax pursuant to Chapter 83-355, Laws of Florida. This~ ordinance was enacted by the Board of County Com- missioners of said County on June 19, 1984. Please advise if I may provide you with any further information. Sincerely, Mar~orie M. Canonica Commission Secretary /mmc Attachment (305) 466-1100 (305) 878-4898 2300 VIRGINIA AVENUE 33450 HAVERT L. FENN, District No. 1 · E. E GREEN, District NO. 2 · MAURICE SNYDER, District No. 3 · R. DALE TREFELNER, District No. 4 · BILL PALMER, District NO. 5 June 21, 1984 Mrs. Nancy Kavanaugh, Chief, Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find a certified copy of Ordinance No. 84-10 levying a criminal justice facility discretionary sales tax pursuant to Chapter 83-355, Laws of Florida. This ordinance was enacted by the Board of County Com- missioners of said County on June 19, 1984. Please advise if I may provide you with any further information. Sincerely, / Ma~orie M. Canonica Commission Secretary Attachment June 27, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your letter/s of and certified copy/ies of County Ordinance/s Nos. June 21 St. Lucie 84-10 (a) Certified copy/ies of Ordinance/s relative to: Co un ty which we have numbered which we have numbered This/these ordinance/s has/h~ave been filed in this office on June 27, 1984. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (~rs.) l~ncy' Kavanaugh Chief, Bureau of La~s FLORIDA-State of the Arts BOARD OF COUNTY COMMISSION£RS July 6, 1984 Mrs. Nancy Kavanaugh, Chief, Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find a certified copy of Ordinance No. 84-11 levying a tourist development tax pursuant to Section 125.0~04, Florida Statutes. This Ordinance was enacted by the Board of County Commissioners of said County on July 3, 1984. Please advise if ! may provide you with any further information. Sincerely, Mar~.i'rie M. Oanonica Co ssion Secretary Aotachmeno ~30u Vitgima Avenue · Fort Pierce, FL 33450 · Pqone ~.3u¢~¢ 400-I 100 E~. 201 & 202 BOARD OF COUNTY COMMISSION£RS July 12, 1984 Florida Department of Revenue 102 Carlton Building Tallahassee, FL 32301 Gentlemen: Attached please find a certified copy of Ordinance No. 84-11 levying a tourist development tax pursuant to Section 125.0104, Florida Statutes, etc. This ordinance was enacted by the Board of County Commissioners of said County on July 3, 1984. Please advise if I may provide you with any further information. Sincerely, Ma~orie M. Canonica Commission Secretary /mmc Attachment HAVERT L FENN, District No. I · E. E. GREEN, District No 2 · MAURICE SNYDER, Distnct No 3 · R. DALE TREFELNER, District No. 4 · BILL PALMER Distnct No 5 County Administrator - WELDON B-LEWIS 2300 Virginia Avenue · Fort Pierce, FL 33450 · Phone (305]) 466-1100 Ext. 201 & 202 July 11, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your letter/s of July 6 and July 9 and certified copy/ies of st. Lucie County 0rdinance/s Nos. 84-11 and 84-13 Certified copy/ies of Ordinance/s relative to: Co un ty which we have numbered which we have numbered o This/these ordinance/s has/h~ve been filed in this office on July 11, 1984. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts ORDINANCE NO. 84-11 AN ORDINANCE LEVYING A TOURIST DEVELOPMENT TAX PURSUANT TO SECTION 125. 0104, FLORIDA STATUTES; ADOPTING A PLAN OF TOURIST DEVELOPMENT; PROVIDING FOR A REFERENDUM ELECTION ON THE QUESTION OF WHETHER THIS ORDINANCE AND THE TAX SHALL BE APPRfIFED; PROVIDING FOR NOTICE TO THE FLORIDA DEPARTMENT OF REVENUE OF APPROVAL OF THIS ORDINANCE AND THE TAX; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF REVENUE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Article II of Chapter 1-19-5, Code of Ordinances of st. Lu¢ie County, Florida, adopted pursuant to Section 125.0104, Florida Statutes, establishes the St. Lucie County Tourist Development Council and authorizes this Board to appoint the members of that council. 2. By Resolution No. 83-164, adopted December 6, 1983, this Board appointed the members of the St. Lucie County Tourist Development Council. 3. By Resolution No. 84-55, adopted April 24, 1984, this Board indicated the intention of St. Lucie County to consider enactment of an ordinance levying and imposing a tourist development tax. 4. On May 3, 1984, the St. Lucie County Tourist Development Council adopted a Plan for Tourist Development and submitted that plan to this Board for approval and adoption as a part of an ordinance levying a tourist development tax. 5. This Board should levy a tourist development tax, subject to referendum of the electors of St. Lucie County, and should adopt the Plan for Tourist Development submitted by the St. Lucie County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED by .the Board of County Commissioners of St. Lucie County, Florida: PART A. ADDITION OF ARTICLE III (TOURIST DEVELOPMENT TAX) TO CHAPTER 1-19.5 (TAXATION). The Code of Ordinances of St. Lucie County, Florida, is amended by adding a new Article III to Chapter 1-19.5, to read as follows: ARTICLE III. TOURIST DEVELOPMENT TAX Section 1-19.5-30. Levy. (a) Subject to the provisions of this article and Section 125.0104, Florida Statutes, there is hereby levied and imposed a tourist development tax at a rate of two percent of each dollar and major fraction of each dollar of the total consideration charged for each lease or rental within St. Lucie County by every person who rents, leases, or lets for consideration any living quarters or' accomodations in any hotel, apartment motel, roominghouse, mobile home park, recreational vehicle park, or condominium for a term of six months or less, unless such person rents, leases, or lets for consideration any living quarters or accommodations that are exempt according to the provisions of Chapter 212, Florida Statutes. (b) The tourist development tax shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes and fees and the consideration for the rental or lease. (c) The tourist development tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee, tenant, or customer at the time of payment of the consideration for such lease or rental. (d) The person receiving the consideration for such rental or lease shall receive, account for, and remit the tax to the Florida Department of Revenue at the time and in the manner provided for persons who collect and remit taxes under Section 212.03, Florida Statutes. The same duties and privileges imposed by Chapter 212, Florida Statutes, upon dealers in tangible property, respecting the collection and remission of tax, the marking of returns, the keeping of records and accounts, and compliance with the rules of the Florida Department of Revenue in the administration of that chapter shall apply to and be binding upon all persons who are subject to the provisions of this article, provided, however, that the Florida Department of Revenue may authorize a quarterly return and payment when the tax remitted by the person receiving the consideration for such rental or lease for the preceding quarter did not exceed $25.00. (e) Collections received by the Florida Department of Revenue from the tax, less costs of administration, shall be paid and returned on a montly basis to St. Lucie County for use by the County in accordance with the provisions of this article and Section 125.0104, Florida Statutes, and shall be placed in the St. Lucie County Tourist Development Trust Fund, which fund shall be established by resolution of the Board of County Commissioners prior to the receipt of any tourist development tax revenue. Section 1-19.5-31. Plan for Tourist Development. (a) Anticipated revenue. The tourist development tax shall be levied at a rate of two percent of each dollar and major fraction of each dollar of the total consideration charged for leases and rentals subject to the tax. The anticipated net tourist development tax revenue to be derived by St. Lucie County for the 24 months following levy of the tax is $624,000, less costs of administration as retained by the Florida Department of Revenue. (b) Doundaries for tax district. The district in which the tourist development tax is levied shall include the entirety of St. Lucie County. (c) Proposed uses of revenue. The proposed uses of the tourist development tax revenue, in the order of priority, are first, to provide a sports stadium and related facilities in St. Lucie County, and second, to promote and advertise tourism in St. Lucie County. (d) E~pense allocation. The total tourist development tax revenue shall be allocated to providing a sports stadium and related facilities in St. Lcuie County, but in the event the Board of County Commissioners determines that such facility is not economically feasible, then the total tourist development tax revenue shall be allocated to promoting and advertising tourism in St. Lucie County. PART B. REFERENDU~ONAPPROVAL. $_~J~Q23__~. In accordance with Section 125.0104, Florida Statutes, and other applicable law, a referendum election is hereby called and shall be held in St. Lucie County, Florida, on Tuesday, October 2, 1984, in conjunction with the 1984 second primary election to be held on that day, for the purpose of submitting to the qualified electors of St. Lucie County the question of whether this ordinance and a tourist development tax shall be.approved. ~ . $~. At least thirty (30) days notice of the referendum election shall be provided by publication in a newspaper of general circulaiton in St. Lucie County. The publication shall be made at ~east twice, once in the fifth week and once in the third week prior to the week in which the referendum election is to be held. Notice shall be given in substantially the following form: NOTICE OF REFERENDUM NOTICE IS HEREBY GIVEN that a referendum election will be held throughout St. Lucie County, Florida, on October 2, 1984, for the purpose of determining the following question: PROPOSAL FOR TOURIST DEVELOPMENT TAX SHALL A TWO (2) PERCENT TOURIST DEVELOPMENT TAX BE IMPOSED THROUGHOUT ST. LUCIE COUNTY BEGINNING NOVEMBER 1, 1984, ON THE LEASE OR RENTAL OF HOTEL, MOTEL, AND SIMILAR ACCOMMODATIONS FOR A TERM OF SIX (6) MONTHS OR LESS, FIRST, TO PROVIDE A SPORTS STADIUM AND RELATED FACILITIES, AND SECOND, TO PROMOTE TOURISM IN ST. LUCIE COUNTY, AS PROVIDED BY SECTION 125.0104, FLORIDA STATUTES? The polls will be opened at the voting places on the day of said referendum election from 7:00 A.M. to 7:00 P.M. on the same day. Ail qualified voters residing within St. Lucie County may vote in said referendum election. The ballots to be used in the referendum election shall be in the form as provided by law and shall contain the question to be voted upon. substantially the following form: The ballot shall be in PROPOSAL FOR TOURIST DEVELOPMENT TAX SHALL A TWO (2) PERCENT TOURIST DEVELOPMENT TAX BE IMPOSED THROUGHOUT ST. LUCIE COUNTY BEGINNING NOVEMBER 1, 1984, ON THE LEASE OR RENTAL OF HOTEL, MOTEL, AND SIMILAR ACCOMMODATIONS FOR A TERM OF SIX (6) MONTHS OR LESS, FIRST, TO PROVIDE A SPORTS STADIUM AND RELATED FACILITIES, AND SECOND, TO PROMOTE TOURISM IN ST. LUCIE COUNTY, AS PROVIDED BY SECTION 125.0104, FLORIDA STATUTES? Do you favor a 2 percent Tourist development tax in St. Lucie County? FOR the Tourist Development Tax. AGAINST the Tourist Development Tax. PART C. NOTICE OF APPROVAL The Board of County Commissioners shall notify the Florida Department of Revenue within 10 days of the approval of this ordinance in the referendum provided in Part B. 437 PART D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, county ordinances, and county resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is herby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Florida Department of State, the Capitol, Tallahassee, Florida 32304. PART G. FILING WITH THE DEPARTMENT OF REVENUE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 102 Carlton Building, Tallahassee, Florida 32301. 437 12i PART H. EFFECTIVE DATE. If approved as provided in. Part B, this ordinance shall be effective on November 1, 1984. PART I. CODIFICATION. The provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through J shall not be codified. PART J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Maurice D. Snyder Absent Vice-Chairman R. Dale Trefelner Aye Commissioner E. E. Green Aye Commissioner Havert L. Fenn Aye Commissioner William B. Palmer Aye PASSED AND DULY ADOPTED this 3rd day of July, 1984. BOARD OF COUNTX COMMISSIONERS ST. LUCIE COUNT~, FLORIDA Clerk ~E U~f~SI~, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a ordinance adopted by the ~s~~d of County C~.m~issioners at a m~eting held on t~e -~ day of,~-<.~- 1984. day of W~~ hand and the seal of said Board this ~ , 1984. ~ Poi~:ras, Cl.erk of the Soar4 Of County C~m~ssi~s of St. Lu~ie County, Florida D~puty Clerk outttorlzes fhll AoIrd IO pMnt fl~ mimWs M ~I c~ncil. 2. By Re~lufl~ N~.'~- 1~, ~pt~ O~em~r 6, ~9~ this B~rd ap~lnt~ the mimers of t~ St. Lucia County Tourist Devel~ment C~ncll. 3. By Re~lutlon No. ~- S5, a~ April 24, 1~, this B~rd Indl~ t~ In- t~tl~ of the St. Lucia C~n~ to consist ena~* mens ~ an ~dinen~ levy- i~ a~ Im~l~ a ~rlst STATE OF FLORIDA COUNTY OF ST. LUCIE (e) Collections received (~the FIo~Ide RevMtue fr~ ~. tax, Im ~ ~ edmln~tre- tl~, till ~ paid end r~r~ ~n ~ St. Lucia C~n~ by the C~unty In c~Kt with f~ provi- Sion 12S.0104, Fl~rld~ ~ In ~ St. Lucia C~n~ ',--i~rl~ ~vel~ment Trust Fund, ~lch lund shell ~tibll~ by r~lutl~ of 'tM B~d of Coun~ Com- THE NEW~,:TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida Th~ Ix)lit will Ix it the voile) place1 M~ the My of ~ld ref~um iI~l~ from 7:~ A.M. to 7:~ P.~. ~ the ~me ~y. All quallfl~ voter~ residing within St. Luc~ may v~e In ~id referen- dum elation. ~1~ 3. The ~llots to ~ u~ In the referen6um el~l~ ~11 ~ In the ~m aS p~vl~ by law and shell c~taln the questl~ to ~ v~ u~. T~ ~llot ~all ~ In substantially ~11~1~ f~m ~ , .. Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in 'St. Lucie County, Florida; that the attached copy of advertisement, being a ..... ?.u.~.z..~.~. ?..a.r.~g. .......... ~ Ordinance i/84-11 in the matter u~ ................................................ was published in said newspaper in the issues of .......... 6/].]./84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class ma, il matter at the post office in Fort - No. ~ ' NOTICE .... NOTICE IS HEREBY GIVEN that tim B~rd of '! ~.~.~~m,,s,o,,."' ~ - · r. ~uc~e.~n~' FI~, ?11, ~t I~ m~lq ~ ~.~ · ' Avenue, Port.- Pierce, :- ~' ~ ~'~.~N~' ". . fig Dy DATED ~h~' 6~y~f "ORDINANCE NO. ~ ',*"AN ORDINANCE.LEVY. ~ 1NE A TOURIST DEVELOPMENT--TAX PURSUANT' TO-SECTION ~.'~2S.0]Oe,cFLoRIDA :~"- ~A~UTES~'A~PTING A ~. PLAN O~ ' DEVELOPMF~ ~T V I D I N ~-'~ ~' ~uN oN THE QUESTION OF WHETHER THIS ~INANCE AND THE TAX SHAL BE APPROVED; PR( ~ID'IN'G F ~ , : OR NO ICE FLO~ "OF I ~_DE~ARTMEN~ PRO&~V~NUE OF AP- ~L OF THIS DINA CE ANDTHET~; /-'PRO~ DING . FOR CON- FLIC~ NG PROVISIONs; PRO /IDING.~FOR SEVE ABILITy AND AP- PLIC VIDII ;'FOR~FiLiNG WITH THE FLORIDA BOARD OF COUNTY COMMISSION£RS July 6, 1984 ~,~s. Nancy ;' ' ~' ~'"' Chief Bureau of Laws Department of State The Ca,itc! Tai!ahassee, FL 32304 Dear Mrs. Kavanaugh: ~.u~ach~a ~lease find a cer~i~-:=d ~o~',~ of ~' ~ ~ .... :,. v,r~,n=nce No. 84 1TM S~ction 125.0104, Florida Svavu~es. llnis Oriinance was enacted by the Board of County 0oPr. lssioners of said County on July 3, 1984. Please advise information. may.Drovi~=~ ~ you wi~h an}' BOARD OF COUNTY COMMISSION£RS July 12, 1984 Florida Department of Revenue 102 Carlton Building Tallahassee, FL 32301 Gentlemen: Attached please find a certified copy of Ordinance No. 84-11 levying a tourist development tax pursuant to . Section 125.0104, Florida Statutes, etc. This ordinance was enacted by the Board of County Commissioners of said County on July 3, 1984. Please advise if I may provide you with any further information. Sincerely, Commission Secretary /mmo Attachment HAVERT L FINN Distr,~t NC, I · E E GR'.EEN D,srr~-~ NO 2 · ~,'¢,URICE SNYDER D,srnc, NO ~ · R DALE ~E~[LNE~ D~stn~ NO 4 ~ BILL Count' AdmJn,stro,o, ~ON July 11, 1984 FLORIDA DEPARTMENT OF STATE George Firestone S~crctdry of Statc MS. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your letter/s' of July 6 and July 9 and certified copy/ies of st. Lucie County 0rdinance/s Nos. 84-11 and 84-13 Certified copy/ies of Ordinance/s relative to: County which we have numbered which we have numbered This/these ordinance/s has/h.ave been filed in this office on July Il, 1984. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts 664 4S OP, DININCE NO. 84-11 AN ORDINANCE LEVYING A TOURIST DEVELOPMENT TAX PURSUANT TO SECTION 125.0104, FLORIDA STATUTESI ADOPTING A PLAN OF TOURIST DEVELOPNENT; PROVIDING FOR A REFERENDUN ELECTION ON THE QUESTION OF WHETHER THIS ORDINANCE AND THE TAX SHALL BE APPROVED; PROVIDING FOR NOTICE TO THE FLORIDA DEPARTNENT OF REVENUE OF APPR/)VAL OF THIS ORDINANCE AND THE TAXI PROVIDING FOR CONFLICTING PROVISIONSI PROVIDING FOR SEVERABILITY AND APPLICABILITYI PROVIDING FOR FILING WITH THE FLORIDA DEPARTNENT OF STATEI PROVIDING FOR FILING WITH THE FLORIDA DEPARTNENT OF REVENUEI PROVIDING AN EFFECTIVE DATEI PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Article II of Chapter 1-19-5, Code of Ordinances of st. Lucie County, Florida, adopted pursuant to Section 125.0104, Florida Statutes, establishes the St. Lucie County Tourist Development Council and authorizes this Board to appoint the members of that council. 2. By Resolution No. 83-164, adopted December 6, 1983, this Board appointed the members of the St. Lucie County Tourist Development Council. 3. By Resolution No. 84-55, adopted April 24, 1984, this Board indicated the intention of St. Lucie County to consider enactment of an ordinance levying and imposing a tourist development tax. 4. On May 3, 1984, the St. Lucie County Tourist Development Council adopted a Plan for Tourist Development and submitted that plan to this Board for approval and adoption as a part of an ordinance levying a tourist development tax. 5. This Board should levy a tourist development tax, subject to referendum of the electors of St. Lucie County, and should adopt the Plan for Tourist Development submitted by the St. Lucie County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ADDITION OF ARTICLE III (TOURIST DEVELOPMENT TAX) TO CHAPTER 1-19.5 (TAXATION). The Code of Ordinances of St. Lucie County, Florida, is amended by adding a new Article III to Chapter 1-19.5, to read as follows: ARTICLE III. TOURIST DEVELOPNENTTAX Section 1-19.5-30. Levy. (a) Subject to the provisions of this article and Section 125.0104, Florida Statutes, there is hereby levied and imposed a tourist development tax at a rate of two percent of each dollar and major fraction of each dollar of the total consideration charged for each lease or rental within St. Lucie County by every person who rents, leases, or lets for consideration any living quarters or accomodations in any hotel, apartment motel, roominghouse, mobile home park, recreational vehicle park, or condominium for a term of six months or less, unless such person rents, leases, or lets for consideration any living quarters or accommodations that are exempt according to the provisions of Chapter 212, Florida Statutes. 437 . dt 9 ~OOK (b) The tourist development tax shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes and fees and the consideration for the rental or lease. (c) The tourist development tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee, tenant, or customer at the time of payment of the consideration for such lease or rental. (d) The person receiving the consideration for such rental or lease shall receive, account for, and remit the tax to the Florida Department of Revenue at the time and in the manner provided for persons who collect and remit taxes under Section 212.03, Florida Statutes. The same duties and privileges imposed by Chapter 212, Florida Statutes, upon dealers in tangible property, respecting the collection and remission of tax, the marking of returns, the keeping of records and accounts, and compliance with the rules of the Florida Department of Revenue in the administration of that chapter shall apply to and be binding upon all persons who are subject to the provisions of this article, provided, however, that the Florida Department of Revenue may authorize a quarterly return and payment when the tax remitted by the person receiving the consideration for such rental or lease for the preceding quarter did not exceed $25.00. (e) Collections received by the Florida Department of Revenue from the tax, less costs of administration, shall be paid and returned on a montly basis to St. Lucie County for use by the County in accordance with the provisions of this article and Section 125.0104, Florida Statutes, and shall be placed in the St. Lucie County Tourist Development Trust Fund, which fund shall be established by resolution of the Board of County Commissioners prior to the receipt of any tourist development tax revenue. Section 1-19.5-31. Plan for Tourist Development. (a) Anticipated revenue. The tourist development tax shall be levied at a rate of two percent of each dollar and major fraction of each dollar of the total consideration charged for leases and rentals subject to the tax. The anticipated net tourist development tax revenue to be derived by St. Lucie County for the 24 months following levy of the tax is $624,000, less costs of administration as retained by the Florida Department of Revenue. (b) Boundaries for tax district. The district in which the tourist development tax is levied shall include the entirety of St. Lucie County. (c) Proposed uses of revenue. The proposed uses of the tourist development tax revenue, in the order of priority, are first, to provide a sports stadium and related facilities in St. Lucie County, and second, to promote and advertise tourism in St. Lucie County. (d) Expense allocation. The total tourist development tax revenue shall be allocated to providing a sports stadium and related facilities in St. Lcuie County, but in the event the Board of County Commissioners determines that such facility is not economically feasible, then the total tourist development tax revenue shall be allocated to promoting and advertising tourism in St. Lucie County. PART B. REFERENDU~ONAPPROVAL. ~. In accordance with Section 125.0104, Florida Statutes, and other applicable law, a referendum election is hereby called and shall be held in St. Lucie County, Florida, on Tuesday, October 2, 1984, in conjunction with the 1984 second primary election to be held on that day, for the purpose of submitting to the qualified electors of St. Lucie County the question of whether this ordinance and a tourist development tax shall be approved. ~:JL~. At least thirty (30) days notice of the referendum election shall be provided by publication in a newspaper of general circulaiton in St. Lucie County. The publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum election is to be held. Notice shall be given in substantially the following form: NOTICE OF REFERENDUM NOTICE IS HEREBY GIVEN that a referendum election will be held throughout St. Lucie County, Florida, on October 2, 1984, for the purpose of determining the following question: PROPOSAL FOR TOURIST DEVELOPMENT TAX SHALL A TWO (2) PERCENT TOURIST DEVELOPMENT TAX BE IMPOSED THROUGHOUT ST. LUCIE COUNTY ~OOK BEGINNING NOVEMBER 1, 1984, ON THE LEASE OR RENTAL OF HOTEL, MOTEL, AND SIMILAR ACCOMMODATIONS FOR A TERM OF SIX (6) MONTHS OR LESS, FIRST, TO PROVIDE A SPORTS STADIUM AND RELATED FACILITIES, AND SECOND, TO PROMOTE TOURISM IN ST. LUCIE COUNTY, AS PROVIDED BY SECTION 125.0104, FLORIDA STATUTES? The polls will be opened at the voting places on the day of said referendum election from 7:00 A.M. to 7:00 P.M. on the same day. Ail qualified voters residing within St. Lucie County may vote in said referendum election. The ballots to be used in the referendum election shall be in the form as provided by law and shall contain the question to be voted upon. The ballot shall be in substantially the following form: PROPOSAL FOR TOURIST DEVELOPMENT TAX SHALL A TWO (2) PERCENT TOURIST DEVELOPMENT TAX BE IMPOSED THROUGHOUT ST. LUCIE COUNTY BEGINNING NOVEMBER 1, 1984, ON THE LEASE OR RENTAL OF HOTEL, MOTEL, AND SIMILAR ACCOMMODATIONS FOR A TERM OF SIX (6) MONTHS OR LESS, FIRST, TO PROVIDE A SPORTS STADIUM AND RELATED FACILITIES, AND SECOND, TO PROMOTE TOURISM IN ST. LUCIE COUNTY, AS PROVIDED BY SECTION 125.0104, FLORIDA STATUTES? Do you favor a 2 percent Tourist development tax in St. Lucie County? FOR the Tourist Development Tax. AGAINST the Tourist Development Tax. PART C. NOTICE OF APPEAL. The Board of County Commissioners shall notify the Florida Department of Revenue within 10 days of the approval of this ordinance in the referendum provided in Part B. °" 437 ~OOK PART D. CONFLICTING PI{OVI$ION$. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, county ordinances, and county resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVEI~ABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART F. FILING WITH THE DEPART~EIFF OF STATE. The Clerk is herby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Florida Department of State, the Capitol, Tallahassee, Florida 32304. PART G. FILING WITH THE DEPARTME~ OF REVENUE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 102 Carlton Building, Tallahassee, Florida 32301. PART H. EFFECTIVE DATE. If approved as provided in Part B, this ordinance shall be effective on November 1, 1984. PART I. CODIFICATION. The provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through J shall not be codified. PART J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Maurice D. Snyder Absent Vice-Chairman R. Dale Trefelner Aye Commissioner E. E. Green Aye Commissioner Havert L. Fenn Aye Commissioner William B. Palmer Aye PASSED AND DULY ADOPTED this 3rd day of July, 1984. BOARD OF COUNTX CORMISSIONERS ST. LUCIE COUNTX, FLORIDA Clerk °"437 , lZl5 ~00~ ~tZ ~G~=), Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and o~rrect ~ of a ordinance~ a,dopted by the ~d of County Commissioners at a meetxng held on the 3~ _day of 19~4. W~~ hand and the seal of said Board this day of .. , 1984. IO~er ~oitra, Clerk of the Board of (~unty Ccm~L~sioners of St. hucie County, Florida Deputy Clerk THE NEWS. TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a ..... .ry~z..~9. ?..a.~. .......... in the matter of. Ordinance ~84-11 was published in said newspaper in the issues of .......... 6/11/84 GIVEN thet, Ihe ~ · . on T , July 3, s,. ti~ Bul~, ~ V~ AV~ue; P~rt.. m~ ~~ No, 11, i c~Y ~ ~[ch II at- te~. ~eretq and by re~Ce L~ DATED this 6~ ~y Of June, '11, ANd IN DE~ Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewsPa~per has heretofore been continuously published in said St. Lucie County, Floriaa, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further saY~. [hat he, has neither paid nor promised any person, firm or corpora- tion ian~ discount', r~bate, commission or refund for the purpose of securing thi~d~rtisem .e~? nublication in the said newspaper· SWbrn,/o a.~,qUb, s~b~d before me 7 FL P P L I, VID FILl IRIST r ~Bx :.R~N- ST 66459P ORDINANCE NO. 84-12 AN ORDINANCE REPEALING ~ICLE II OF CHAPTER 1-10, CODE OF ORDINANCES OF ST. LUCIE COUNS~I, FLORIDA, NHICH PROVIDED FOR LICENSURE OF NONEMERGENC¥ MEDICAL TRANSPORTATION SERVICES WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has determined that it is in the best financial interest of St. Lucie County to have the Florida Department of Health and Rehabilitative Services reassume licensing of nonemergency medical transportation services. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Repeal of Article II (Licensure of Nonemergency Medical Transportation Services) of Chapter 1-10 (Health and Sanitation). Article II of Chapter 1-10 of the Code of Ordinances of St. Lucie County, Florida, is hereby repealed in its entirety. PART B. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART C. EFFECTIVE DATE This ordinance shall take effect on August 1, 1984. PART D. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Maurice D. Snyder Vice-Chairman R. Dale Trefelner Commissioner E. E. Green t37 Aye Aye Aye PART ~.. Commissioner Havert L. Fenn Commissioner William B. Palmer CODIFICATION Aye Aye Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided however, that Parts B through E shall not be codified. PASSED AND DULY ADOPTED this 10th day of July, 1984. EST: ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIJ~ COUNTY, FLORIDA [ Chairmafi ~' / f 437 ~i~ UI~I~RSX(t~D, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a ordinance adopted by the ~.id?.B~ cd of County C~m~ssioners at a meeting held on the .//;~ day of ~.w~ . 1984. / WX~my hand and the seal of said Board this day of (/~-w , 1984. l~jez Poi~as, Clerk of the lk~xd of Omnty Cx~mukssione~s of St. Lu~ie County, Florida Deputy Clerk STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEWS TRIBUNE Published Seven Days A Week Fort Pierce, St. LucJe County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a ....~.??~..."?~.?? .............. in the matter of .......... o..r.~.~...a..n.c.e..~.S.~7.~.~' ...................... was published in said newspaper in the issues of .......... 6/]_8/84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement and affiant furt~'~y~' ~t. he has neither paid nor promised any person, firm or corpora- ti0~.~ ~Y"dis~oflht, rebate, commission or refund for the purpose of securing tb~3~advertiSement f0t~ublication in the said newspaper. .~i~_fl ~q~0~ St~bs~ibe~l before me ~;T~' ""I8th .;'~,~t~a of JUN ::, --_~x ...... : '~o' - ;'-, y .............. . . '/. . ' :',-... , /, · .. (SEAL) ......... ~' Notary Public BONDED T~U G£F;ERAL INS. riND. · , July 1~,,~ ~.~, ,.o,., ,',.r,,,, .z, i)~W/ of Which is et- ,,...o,.' N ORDINANCE ~.ii~A RE FOR.E, BE -Non4lne~.0enc~. Medicel. ..: ~ ~COun~_, Florida, ~ WY relN~kld In itl en~ . ~,T ~. ~miNG w,~, ' The ~ C.l®rk I. hereby ' . ?nAuOu~fl, 1'Pl4. 664593 '84 JUL 12 ~10:39 ? FILED .'-,.':: . ::' ::~c''TjOl''''''-}''' ROGER F ] ': '~. !'R~' ST. LUCtE JuU~:~ Y. ' L, BOOK BOARD OF COUNTY COMMISSION£RS July 12, 1984 Mrs. Nancy Kavanaugh, Chief, Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find a certified copy of Ordinance No. 84-12 repealing Article II of Chapter 1-10, Code of Ordinances of St. Lucie County, Florida. This Ordinance was enacted by the Board of County Commissioners of said County on July 10, 1984. Please advise if I may provide you with any further information. Sincerely, Attachment HAVER? L FENN District No. t · E. E GREEN, District No 2 · MAURICE SNYDER, District No. 3 · R. DALE TREFELNER. District No. 4 · BILL PALMER. D~stnct No 5 - County Administrator - WELDON B. LEWIS . 2300 Virginia Avenue · Fort Pierce, FL 33450 · Phone (3-05) 466-1100 Ext. 201 & 202 July 19, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretanj of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 4300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your letter/s of and certified copy/ies of County Ordinance/s Nos. July 12 St. Lucie 84-12 (a) Certified copy/ies of Ordinance/s relative to: Co un ty which we have numbered which we have numbered This/these ordinance/s has/h~ave been filed in this office on July 19, 1984. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, Chief, Bureau of Laws FLORIDA-State of the Arts ORDINANCE NO. 84-13 AN ORDINANCE ADOPTING THE BALANCE OF THE OFFICIAL ZONING ATLAS OF ST. LUCIE COUNTY, FLORIDA 664; 49 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On May 17, 1984, this Board adopted Ordinance No. 84-09 adopting the St. Lucie County Zoning Ordinance and Official Zoning Atlas to govern all structures and the use of land throughout the unincorporated area of St. Lucie County, Florida. 2. Ordinance No. 84-09 specifically excepted and did not adopt Sheets 1313-S, 1405-N, 1405-S, 1406-N, 1406-S, 1407-N, 1407-S, 1408-N, 1408-S, 1416-N, 1416-S, 1417-N, 1417-S, 1418-N, 1418-S, 1420-N, 1420-S, 1421-N, 1421-S, 1428-N, 1428-S, 1432-N, 1434-S, 2419-N, 2419-S, 3425-N, 3425-S, 3426-N, 3426-S, 3522-S, 3530-N, and 3530-S as a part of the Official Zoning Atlas, and this Board continued the hearing on the areas described on those Sheets until June 27, 1984. 3. On June 27, 1984, this Board continued the public hearing on the areas described on the Official Zoning Atlas Sheets designated in paragraph 2 above. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ADOPTION OF BALANCE OF OFFICIAL ZONING ATLAS. Sheets 1313-S, 1405-N, 1405-S, 1406-N, 1406-S, 1407-N, 1407-S, 1408-N, 1408-S, 1416-N, 1416-S, 1417-N, 1417-S, 1418-N, 1418-S, 1420-N, 1420-S, 1421-N, 1421-S, 1428-N, 1428-S, 1432-N, ' ° 437 ~OOK 1434-S, 2419-N, 2419-S, 3425-N, 3425-S, 3426-N, 3426-S, 3522-S, 3530-N, and 3530-S of the Official Zoning Atlas, each of which bears the manual or facsimile signatures of the Chairman and Clerk of the Board of County Commissioners and the seal of the Board, which atlas is described in Section 3.4.000 of the St. Lucie Zoning Ordinance and incorporated therein by reference, are hereby enacted and adopted as a part of that Atlas. PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, county ordinances, and county resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH TEE DEPARTME~ OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. BOOK PART E. EFFECTIVE DATE. This ordinance shall take effect on July 1, 1984. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Maurice Snyder Aye Vice-Chairman R. Dale Trefelner Aye Commissioner Havert L. Fenn Aye Commissioner E. E. Green Aye Commissioner William B. Palmer Absent PASSED AND DULY ADOPTED this 27th day of June, 1984. ATTE ST: -/ ~P~, Clerk BOAllD OF COUI~T~ CO[~II$$ION~I{~ ST. LU~IE COUNTY, FLORIDA / ~/ Cha i ~ma~n / THE ~S~D, Clerk of the Board of County Commissioners of the County and S~ate aforesaid, d~es hereby certify that the above and foregoing is a true and ~rrect co~y of a ordinanqe a~dopted by the ~ B_o~rd of County Co~z~ssioners at a meeting held on the~.~~ _day of ~,- ._~.~--... _ 1984. my hand and the seal of said Board this ~ day of ~ , 1984. ~D~er Poitras, Clerk of the ~d ~f Oamty Cx~mL~io~e~s ~f St. Lie County, Flozl~]a Deputy Clerk BOARD OF COUNTY COMMISSION£RS July 9, 1984 Mrs. Nancy Kavanaugh, Chief, Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find a certified copy of Ordinance No. 84-13 adopting the balance of the official Zoning Atlas of St. Lucie County, Florida. This Ordinance was enacted by the Board of County Commissioners of said County on June 27, 1984. Please advise if I may provide you with any further information. /~ncerely, M~r~orie M. Canonica Co-nzmi s s i on Secretary /rfffn c Attachment HAVERT L FENN D~stnct No 1 · E E GREEN D~smc~ No 2 · MAURICE SNYDEt'k D~stn~ Na 3 · F~ DALE TREFELNEI~. DiStrict No 4 · B!b_ PALMER E)ts'nct, Nc. 5 County Aom~msrrator - WELDON B LL-'~fi, S 2300 Virginia Avenue · Fort Pierce, FL 33450 · Phone (305) 46o-1100 Ext. 201 & 202 July 11, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your ]etter/s of July 6 and July 9 and certified copy/ies of st. Lucie County Ordinance/s Nos. 84-11 and 84-13 (a) Certified copy/ies of Ordinance/s relative to: Co un ty which we have numbered (b) which we have numbered This/these ordinance/s has/h.ave been filed in this office on July 11, 1984. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts BOARD OF COUNTY COMMISSION£RS October 24, 1984 Mrs. Nancy Kavanaugh, Chief, Bureau of Laws Department of State The Capitol Ta!lahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find a signed copy of Ordinance No. $~-i5 amending Article Iii of Chapter 1-9 of the Code or ~ ~oinances of St. Lucie County, Florida. en~ct~a by t~ Bnard of County This o:d_~_~ .... was ~ '~ · ~ ~ommE~sloners of s~id ~unu5 .... Please advise if I may provide you with any further information. FLORIDA DEPARTMENT OF STATE George Firestone Secretaw of State October 26, 1984 Miss Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Miss Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of October 24 and certified copy/ies of County 0rdinance/s Nos. St. Lucie 84-15 (a) Certified copy/ies of Ordinance/s relative to: County which we have numbered which we have numbered This/these ordinance/s has/h.ave been filed in this office on October 26, 1984. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws FLORIDA~State of the Arts 678O49 ORDII/I~¢E NO. 84-15 AN ORDINANCE A~ENDING ARTICLE III OF CHAPTER 1-9, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDAI A~IENDII~ THE INSURANCE REQUI~S FOR A GARBAGE COnnECTION PEP/qIT; ESTABLISHING A REQUI~ FOR CONTINUING COMPLIANCE; PROVIDING THAT SUCH PERR~T IS NON-TRANSFERABLE; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTNENT OF STATE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01, Florida Statutes, empowers the Board of County Commissioners of St. Lucie County, Florida, to regulate waste collection and disposal for the health, safety, and welfare of the people. 2. The health, safety, and welfare of the residents will benefit from the following amendments to the garbage and trash collection permit requirements. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ANW~D~ERT OF SECTION 1-9-21 (APPLICATION FOR PF/~IT) OF ARtiCLE III {C~URBAGE AND ~H ~~ION) OF ~~ 1-9 (~E, ~H, ~ ~USE) Paragraph (2) of subsection (b) of Section 1-9-21 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-9-21. Application for Permit. (2) Proof of adequate insurance coverage for claims arising out of injury or death of persons and damage to the ~00~( property of others resulting from any cause for which the owner of such business or service would be liable. The required liability insurance shall be in amount of not less than $500,000 combined single limit for bodily injury and property damage. PART B. ADDITION OF SECTION 1-9-25 (I{~(}UI~XHRqT FOR COI1TINUIIIO COIqPLIANCE) AND SECTION 1-9-26 (NOIqTRANSFERABILITY OF PERRIT) TO ARTICLE III (GARBAGE A~D TRASH COnnECTION) OF CHAPTER 1-9 (GAEBAGE, TRASH, AND REFUSE) Article III of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding Sections 1-9- 25 and 1-9-26, to read as follows: Section 1-9-25. Requirement for Continuing Compliance. (a) On or before January 1 of each year, every holder of a permit issued pursuant to this article shall submit the following information as evidence of continuing compliance with the provisions of this article: (1) Evidence that each driver possesses a valid Florida Drivers License, as required by Section 1-9- 21 (b) (2). (2) A certificate of insurance in the amount required by Section 1-9-21(b)(2). (3) Documentation that any vehicle not listed on the permit application meet the requirements of Section 1-9-21(b) (3) o (b) If a permit holder fails to demonstrate continuing compliance with the provisions of this article as required by this section, such permit shall be subject to revocation as set forth in Section 1-9-24. Section 1-9-26. Nontransferability of Permit. No permit issued pursuant to this article may be transferred from the permit holder to any other person, firm, corporation, association, or government entity. Any attempt to transfer a permit shall be grounds for revocation as provided in Section 1-9-24. PART C. SEVERABILIT~ AND APPLICABILITX. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEP~ OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on November 15, 1984. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner Aye Vice-Chairman Havert L. Fenn Aye Commissioner Maurice D. Snyder Aye Commissioner E. E. Green Aye Commissioner William B. Palmer Aye PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through G shall not be codified. PASSED AND D~LY ERACYED this 23rd day of October, 1984. ATTEST: Clerk BOARD OF COUNTY COmmISSIONERS ST. LUCIE COUNTY, FLORIDA ROGER ST. LUCI£ 6'78049 "446 ~OOl( STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEW~' TRIBUNE Published Se, ~., Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a.. ~e.g..a.~. ~?.t.~.qe. ............... in the matter of ..... o. v4~na~ce..q4.-~. ............................ was published in said newspaper in the issues of .......... 9/26/84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corPora- tion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me 26th SEP This ................ day of ........... /..,,,,f"~ ,~ , /"0 //'J,,~ ..................... fl ./2 . · ~ . ~ ~ ' ...... ~.~. ,>.._~..~'~. ~/~."~ NOTARY Pt,.LiC STATE OF FLORIDA ;'SEAL" ' ' '~ ;r-.,,; ......... : ........... .Y COMMiSS.TON EXP. DEC 13,1987 ~ ~ f Notary Public u~,.~,.~,. *HRH G£h'~AL I~;$ LIND No. 00397 Notice NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucle Cotinty, Florida, will, at its meeting at 9:00 A.M. on Tuesday, October 23, 1984, In Room 101 of the St. Lucia County Ad- ~.lnls. tr.ation. Building, 2300 irglnla /~venue, Fort Pierce, Fl°ride,. hold a Rublic hearing to consider he enactment of Ordinance No. 84-15, a copy of which is attached hereto and by reference made a paf;t hereof. ORDINANCE No. 84-15 AN ORDNANCE AMEN- DING ARTICLE III OF CHAPTER 1-9, OF THE CODE OF ORDINANCES OF ST. LUCI E COUNTY, FLORIDA; AMENDING THE INSURANCE REQUIREMENTS FOR A GARBAGE COLLECTION PERMIT, ESTABLISHING A REQUIREMENT FOR CONTINUING COM- PLIANCE; PROV:IDING THAT SUCH PERMIT IS NON-' TRANSFERABLE; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PRO- VIDING FOR FILING WITH THE DEPART- MENTOF STATE; PROVIDING AN EFFEC- TIVE DATE; AND PROVIDING FOR CODIFICATION WHEREAS, the Board bf County Commissioners of St. Lucia CoUnty, Florida, has made the following determ Inations: 1. Section 125.01, Florida Statutes, empowers the . 'Board of County Commis- Sioners of St. Luce County, Florida, to regulate waste collection and disposal for the health, safety, and welfare of the people. 2. The health, s~fety, and welfare of the residents will benefit from the following amendments to the gar- bage and trash collection permit requirements. NOW, THEREFORE, BE IT ORDAINED by the Board of County Com~nls- sloners of St. LUcle County, Florida: PART A. AMENDMENT OF SECTION 1-9-21 (AP- iPLICATION FOR PER- ~IT) OF ARTICLE HI (GARBAGE AND TRASH COLLECTION) O.F 'CHAPTER 1-9 (GAR- ORDINANCE NO. 84-18 AN ORDINANCEANENDING CthlPTER 1-5, tRTICLE II OF ?BE CODE OF ORDIIItIICES OF STo LUCIE COUNTY, FLORIDA, BY ADOPTING THE 1983 AND 1984 REVISIONS · O THE STANDARD BUILDING CODE, 1982 EDITION WHEREAS, the Board of County Commissioners of St. Lucie County has made the following determinations: 1. Sections 125.01, 163.295, and 553.73, Florida Statutes, empower the Board of County Commissioners of St. Lucie County, Florida, to adopt and enforce building, housing, and related technical codes and regulations for the health, safety, and welfare of the people. 2. Adoption of the 1983 and 1984 Revisions to the Standard Building Code, 1982 Edition, as amended by Ordinance No. 83-08, will benefit the health, safety, and welfare of the residents of St. Lucie County. PART A. ANENDNENTOF SECTION 1-5-16 (ADOPTED) OF ARTICLE II (BUILDING CODE) OF CHAPTER 1-5 (BUILDING AND BUILDING REGULATIONS) Section 1-5-16 of Article II of Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-5-16. Adopted. The Standard Building Code, 1982 Edition, and the 1983 and 1984 Revisions thereto, as promulgated by the Southern Building Code Congress International, Inc., is adopted by referenced as the building code of the county, to apply to the 24§ unincorporated areas of the County. A copy of such code shall be filed in the Office of the County Development Coordinator and shall be available for public inspection during the regular business house of such office. PART B. SEVERABILIT¥ AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEP~ OF STATE The Clerk is hereby directed forwith to send a certified copy of this ordinance to Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE This ordinance shall take effect November 1, 1984. PART E. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner Vice-Chairman Havert L. Fenn Aye Aye ° 446 247 Commissioner Maurice D. Snyder Commissioner E. E. Green Commissioner William B. Palmer Aye Aye Aye PART F. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided however, that Parts B through F shall not be codified. PASSED AND D~LY ADOPTED this 16th day of October, 1984. ATTEST: BOAP/) OF COUNT~ CO~ISSIONEP~ ST. L~CIE CO[~T~, FLORIDA Chairman oo 44§ 248 STATE OF FLORIDA COUNTY OF ST. LUCIE THE NE~" TRIBUNE Published Se .... Days A Week Fort Pierce, St. Lucia County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in 'St. Lucie County, Florida; that the attached copy of advertisement, being a..no.t ice ...................... rain the matter of ..... 0.r.~.n~nc.e.. N.o ...8.4.: 18 ................... was published in said newspaper in the issues of .......... ................ 9./.21.~. lg S.4 .......................................... Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corpora- tion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me ......... (SEAL) ~ ' Notary Public NO. 00382 NOTICE NOTICE iS HEREBY GIVEN that lhe Board of County Commissioners of St. Lucie County, Florida, will, at ifs meeting at 9:00 A./V~. on Tuesday, October 16, T984, in Room 101 of the St. Lucie County Ad- ministration Building, 2300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing to consider the enactment of Ordinance No. 84-18, a copy of which is attached hereto and by reference made a part hereof. ORDINANCE NO. 84-18 AN ORDINANCE AA/tEN- DING CHAPTER 1-5, ARTICLE II OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADOPTING THE 1983 AND 1984 REVISIONS TO THE STANDARD BUILDING CODE, 1982, EDITION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following deferminafions: 1. Sections 125.01, 163.295, and 553.73, Florida Statutes, empower the Board of County Commis- sioners of St. Lucie County, Florida, to adopt and en- force building, housing and re afed technical codes and regulations for the health, safety, and welfare of the people. 2. Adoption of the 1983 and 1984 Revisions fo the Standard Building Code, 1982 Edition, as amended by Ordinance No. 83-08, will benefit the health, safety, and welfare of the residents of St. Lucie County. PART A. ANtENDN~ENT OF SECTION 1-5-16 (ADOPTED) OF ARTICLE II (BUILDING CODE) OF CHAPTER 1-5 (BUILDINGS AND BUILDI.NG REGULA- TIONS) Section 1-5-16 of Article II of Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended fo read es follows: Section 1-5-16. Adopted. The Standard Building Code, 1982 Edition and the 1983 and 1984 Revisions thereto, as promulgated by the Souther~n Building Code Congress International, Inc., is adopted by reference as the building · code of the county, to apply OP. DINANCE NO. 84-19 AN ORDINANCE l gl ENDING CHAPTER1-5, ARTICLE IV OP THE CODE OP ORDINANCES OF S?. LUCIE COUNTY, FLORIDA, BY ADOPTING AND THE 1983 AND 1984 REVISIONS TO THE STANDARD HECHANICAL CODE, 1982 EDITION Wq~EREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01, 163.295, and 553.73, Florida Statutes, empower the Board of County Commissioners of St. Lucie County, Florida, to adopt and enforce building, housing, and related technical codes and regulations for the safety, health, and welfare of the people. 2. Adoption of the Standard Mechanical Code, 1982 Edition, and the 1983 and 1984 Revisions thereto, will benefit the health, safety, and welfare of the residents of St. Lucie County. NOW, THEREEFO~E, BE IT O~DAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. A~END~IENT OF SECTION 1-5-41 (ADOPTED) OF ARTICLE IV (~ECHANICAL CODE) OF CHAPTER 1-5 (BUILDINGS AND BUILDING REGULATIONS) Section 1-5-41 of Article IV of Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-5-41. Adopted. The Standard Mechanical Code, 1982 Edition and the 1983 and 1984 Revisions thereto, as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the mechanical code of the county, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the Office of the County Development Coordinator and shall be available for public inspection during the regular business hours of such office. PAl{TB. SEVERABILITY AND APPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPART~[ENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE This ordinance shall take effect November 1, 1984. PART E. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner Aye Vice-Chairman Havert L. Fenn Aye Commissioner Maurice D. Snyder Commissioner E. E. Green Commissioner William B. Palmer Aye PART F. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this 16th day of October, 1984. BOARD OF COUNT~ CO~L~ISSIONERS ST. LUCIE CO~NT~, FLORIDA STATE OF FLORIDA COUNTY OF ST. LUCIE THE NE1,~'' TRIBUNE Published Se¥~n Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a_daily newsp.aper published at Fort Pierce in St. Lucie County, Florzda; that the attached copy of advertisement, being a .... nv .~.i¢.e ................... in the matter of ..... o. r4..La .a.~.e..~.o.,..~.4.~ 1.~. ................... was published in said newspaper in the issues of .......... ~/Zl,. 1984 . . Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corpora- tion any discount.~ rebate, commission or refund for the purpose of securing tlxis advertisement for publication in the said newspaper. Sworn to and sUbscribed before me No. 00381 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, Florida, will, at its meeting at 9:00 A.M. on Tuesday, October 16, 1984, in Room 101 of the St. Lucie County Ad- ministration Building, 2300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing to consider the enactment of Ordinance No. 84-19, a copy of which is attached hereto and by reference made a part hereof. ORDINANCE NO. 84-19 AN ORDINANCE AMEN- DING CHAPTER 1-5, ARTICLE IV OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADOPTING AND THE 1983 AND 1984 REVISIONS TO THE STANDARD MECHANICAL CODE, 1982, EDITION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01, 163.295, and 553.73, Florida Statutes, empower the Board of County Commis- sioners of St. Lucie County, Florida, to adopt and en- force building, housing, and related technical codes and reg01ations for the health, safety, and welfare of the people. 2. Adoption of the Stan- dard Mechranical Code, 1982 ~ Edition, and the 1983 and 1984 Revisions thereto, will benefit the health, safety, and welfare of fha residents of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis- sioners of St. I'ucie County, Florida: PART A. AMENDMENT OF SECTION 1-5-41 (ADOPTED) OF ARTICLE IV (MECHANICAL CODE) OF CHAPTER 1-5 (BUILDINGS AND BUILDING REGULA- TIONS) Section 1-5-41 of Article IV of Chapter 1-5 of the · Code of Ordinances of St. LucJe County, Florida, is hereby amended to read as roi lows: Section 1-5-41. Adopted. The Standard Mechanical Code, 1982 Edition and the 1983 and 1984 Revisions · thereto, as promulgated by the Southern Buildina CnH~ ORDINANCE NO. 84-20 AN ORDINANCE/gqI~]DING CEAPTER1-5, AlrflCLE V OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADOPTING THE 1983 AND 1984 REVISIONS TO THE STANDARD PLUMBING CODE, 1982 EDITION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01, 163.295, and 553.73, Florida Statutes, empower the Board of County Commissioners of St. Lucie County, Florida, to adopt and enforce building, housing, and related technical codes and regulations for the health, safety, and welfare of the people. 2. Adoption of the Standard Plumbing Code, 1982 Edition, and the 1983 and 1984 Revisions thereto, will benefit the health, safety, and welfare of the residents of St. Lucie County. PART A. A~IEND~ OF SECTION 1-5-51 (ADOPTED) OF ARTICLE V (PLU#BING CODE) OF CHAPTER 1-5 (BUILDINGS AND BUILDING REGULATIONS) Section 1-5-51 of Article V of Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-5-51. Adopted. The Standard Plumbing Code, 1982 Edition, and the 1983 and 1984 Revisions thereto, as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the plumbing code of the county, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the Office ~OOK of the County Development Coordinator and shall be available for public inspection during the regular business hours of such office. PART B. SEVERABILIT~ AND APPLICABILIT~ If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WIT~ T~E DEPART[~ENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE This ordinance shall take effect November 1, 1984. PART E. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Maurice D. Snyder Aye Aye Aye PART F. Commissioner E. E. Green Commissioner William B. Palmer CODIFICATION Aye Aye Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this 16th day of October, 1984. BOARD OF COUNTY CO~qlSSIONEI~ ST. LUCIE COUNTY, FLORIDA Chairman ATTEST: lerk 677 8 '154 FILED ROGER ST. LUCIE f~O0~ STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEW" TRIBUNE Published Se~ .,~ Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a...a.o.t.~.c.e. .................... in the matter of .......... .qr.4~..aa..n.c..e...s.4.:.~.0. ................... was published in said newspaper in the issues of .......... ................... ~./.~..~.,...~.? .s.4 ....................................... Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor pronfised any person, firm or corpora- tion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me This..~£$L ........ dayof..SEP. T.../..~. ~ ~ , t //~ No. 00380 NOTICE NOTICE IS HEREBY GIVEN that the Board of County COmmissioners of St. Lucie County, Florida, will, at its meeting at 9:00 A.M. on Tuesday, October 16, 1984, in Room 101 of the St. Lucie County Ad- ministration Building, 2300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing fo consider the enactment of Ordinance No. 84-20, a copy of which is attached hereto and by reference made a part hereof. ORDINANCE NO. 84-20 AN ORDINANCE AMEN- DING CHAPTER 1-5, ARTICLE V OF THE CODE OF ORDINANCES OF ST. LUClE COUNTY, FLORIDA, BY ADOPTING THE 1983 AND 1984 REVISIONS TO THE STANDARD PLUMB- ING CODE, 1982 EDITION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01, 163.295, and 553.73, Florida Statutes, empower the Board of County Commis- sioners of St. Lucie County, Florida, to adopt and en- force building, housing and related fechnica codes and regulations for the health, safety, and welfare of the people. 2. Adoption of the Stan- dard Plumbing Code, 1982 Edition, and the 1983 and 1984 Revisions thereto, will benefit the health, safety, and welfare of the residents of St. Lucie County. PART A. AMENDMENT OF SECTION 1-5-51 (ADOPTED) OF ART CLE V (PLUMBING CODE) OF CHAPTER 1-5 (BUILDINGs AND BUILDING REGULA- TIONS) Section 1-5-51 of Article V of Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended fo read as follows: Section 1-5-51. Adopted. The Standard Plumbing Code, 1982 Edition, and the 1983 and 1984 Revisions thereto, as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as fha plumbing code of the county, fo apply fo the unincorporated areas of the County A COD" of ~' ORDII~NCE NO. 84-21 AN ORDINANCE &~IgNDING I~t?ICLE VII OF ~I~E CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADOPTING THE NATIONAL ELECTRICAL CODE, 1984 EDITION WI{EREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01, 163.295, and 553.19, Florida Statutes, empower the Board of County Commissioners of St. Lucie County, Florida, to adopt and enforce building, housing, and related technical codes and regulations for the health, safety, and welfare of the people. 2. Adoption of the National Electrical Code, 1984 Edition, will benefit the health, safety, and welfare of the residents of St. Lucie County. PART A. ANEND#ENT OF SECTION 1-5-71 (ADOPTED) OF AHTICLE VII (ELECTRICAL CODE) OF CHAPTER 1-5 (BUILDINGS AND BUILDING REGULATIONS) Section 1-5-71 of Article VII of Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-5-71. Adopted. The National Electrical Code, 1984 Edition, as promulgated by the National Fire Protection Association, is adopted by reference as the electrical code of the county, to apply to the unincorporated areas of the County. A .copy of 'such code shall be filed in the Office of the County Development Coordinator and i~OOK shall be available for public inspection during the regular business hours of such office. PART B. SEVERABILITYANDAPPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPART~F~FF OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE This ordinance shall take effect November 1, 1984. PART E. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Maurice D. Snyder Aye Aye Aye oo 446 256 PART F. Commissioner E. E. Green Commissioner William B. Palmer CODIFICATION Aye Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this 16th of October, 1984. BOARD OF COUNTY CO~qlSSIONERS ST. LUCIE COUNTY, FLORIDA Chairman ATTEST: '84 ST. LUC!~ STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEW" TRIBUNE Published Sew.-,, Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a. ?g..~.t..,.o..t.~.%~. ................ in the matter of .......... o..r.~.~...~....~.~..8.4..-.2~ ....................... was published in said newspaper in the issues of .......... 9120/84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corpora- tion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me A.D. 1984 (SEAL) c ~o~[~ ~i~u ~,v_~'~ ~;v.~. ~. No. 00379 ' - NOTICE NOTICE IS HEREBY cGolV~N that the Board of. unty 'Comm ssloners St. i Lucle Count*/, Flerld~, Will, at it~ meeting at 9:00 :A,~I. on Tuesday, O~tM~er 16, 19~4, In Room 1.0i of the St~ ~ucle CoUnty. Ad-. ~.lnt.~r?iOn. Building, 2300 IrglrllEi · Av~nua~ Fart Pierce, Floridly; , hold public ~rin~ tO con~lder .the on~ctman¢of Ordinance No.O. ~4-21, a copy of. which Is attached ~e~o ~nd by' reterence made ~ ~p~rt hereof, ~ ORDINANCE NO. AN ORDINANCE AMEN- DING CHAPT~: R *1-5, *ARTICL:E V.Ii OF THE CODE OF ORDINANCES OF ST.. LUCt:E COUNTY, FLORIDA, BY ADOPTING THE NA- TIONAL ELECTRICAL CODE, 198~ EDITION . WHEREAS, the Board of. COmmissiOners of BOARD OF COUNTY COMMISSION£RS October 18, 1984 Mrs. Nancy Kavanaugh, Chief, Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find signed copies of the following Ordinances: No. 84-18 - An ordinance amending Chap. 1-5, Article II of the Code of Ordinances of St. Lucie County, Florida. No. 84-19 - An ordinance amending Chap. 1-5, Article IV of the Code of Ordinances of St. Lucie County, Florida. No. 84-20 - An ordinance amending Chap. 1-5, Article V of the Code of Ordinances of St. Lucie County, Florida. No. 84-21 - An ordinance amending Cha~. 1-5, Article VII of the Code of Ordinances of St. Lucie County, Florida. These ordinances were enacved by the Board of County Commissioners of St. Lucie County on October 16, 19~4. Please advise if I may provide you with any further information. ~ ~n~erely, Mar~rie M. Canonica Co,mis s' ' ion Secretary /mmc Attachments HAVER? L FEN,~¢ C,~smc~ Nc ~ · E E GREEN D,smc: No 2 · ~,t~,i. IRI,CE SNYDER, Dismct Nc 3 · I~t DALE TREFELNER. District No. 4 · BILL PAL~ER D,i~tn~-? ~,,o 5 Co'~nt¥ Aom, m:strat,~ '~.'EL~~ D L~4.'7S 4.~0~ Virginia Avenue · Fort, Rerce ~L 35450 · Phone (305) 466-1100 Ex~. 20! & 202 FLORIDA DEPARTMENT OF STATE George Firestone Secretary o[ State October 22, 1984 Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your letter/s of October 18 and certified copy/ies of St. Lucie County 0rdinance/s Nos.84-18, 84-19, 84-20 & 84-21 (a) Certified copy/ies of Ordinance/s relative to: County which we have numbered which we have numbered This/these ordinance/s has/h.ave been filed in this office on October 22, 1984. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts 6'753SS ORDINANCE NO. 84-22 AN ORDINANCE REPEALING ARTICLE II 0F CHAPTER 1-16, CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, WHICH PROVIDED }{INI~IU)! LANDSCAPING STANDARDS FOR CERTAIN SETBACK AND YARD AREAS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has determined that Section 3.2.600 (Landscaping and Screening Regulations), St. Lucie County Zoning Ordinance, adopted May 17, 1984, supersedes Article II (Minimum Landscaping Standards for Certain Setback and Yard Areas) of Chapter 1-16 of the Code of Ordinances of St. Lucie County, and therefore that Article II of Chapter 1-16 should be repealed in its entirety. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. REPEAL OF ARTICLE II (MINIMUM LANDSCAPING STANDARDS FOR CERTAIN SETBACK AND YARD AREAS) OF CHAPTER 1-16 (PLANNING). Article II of Chapter 1-16 of the Code of Ordinances of St. Lucie County, Florida, is hereby repealed in its entirety. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. §0~3~!)~444 P"~0~ PART C. FILING WITH THE DEPART~IENTOF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This ordinance shall take effect on November 1, 1984. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Maurice D. Snyder Commissioner E. E. Green Commissioner William B. Palmer Aye Absent Aye Aye PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PASSED AND DULY ENACTED this 2nd day of October, 1984. BOARD OF COld'TX CO~/~ISSIONERS ST. LUCIE COUNTX, FLORIDA ATTEST: ,/lerk Chairman STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEY ' TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florido Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a.. ke.,.r, iag..no.ti.c.¢ ......... in the matter of ......... .O.r.~.i..n.a.n..c.c..s. 4.-..~.~. .................... was published in said newspaper in the issues of .......... .............................. ~./:L.al~.4 ................................ Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further sa~s':that he has neither paid nor promised any person, firm or corpora- .tibn ~ai~:~discouhtl rebate, commission or refund for the purpose of securing . / Lbfs ad~is~ement-for publication in the said newspaper. SwoAm." to a~nd Subscribed before me :'i.-~, ~'~; fi'8"';'k, ~ .A;:'J"i:i ,' ,day o f..SE. PT ....... /~"-~, ':.,':,-:,-:%", ,,, i~-' ~.:' .,," ./__J~- ~~ NO,ARY PUBLIC STATE OF FLORIDA ~ONDED THRU GENERAL iNS. ~. No. 00353 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, Florida, will at its meeting at 9:00 A.M. on Tuesday, October 2, 1984, in Room 101 of the St. Lucie County Ad- ministration Building, 2300 Virginia Avenue, Fort Pierce, Florida, hold a FhUblic hearing to consider e enactment of Ordinance No. 84--22, a copy of which is attached hereto and by reference made part of hereof. ORDINANCE NO. 84--22 AN ORDINANCE REPEALING ARTICLE 11 OF CHAPTER 1--16, CODE OF ORDINANCES, OF ST. LUCIE COUNTY, FLORIDA, WHICH PRO- VIOED MINIMUM LAND- SCAPING STANDARDS FOR CERTAIN SETBACK AND YARD AREAS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has determined that Sec- tion 3.2.600 (Landscaping and Screening Regula- tions), St. Lucie County Zoning Ordinance, adopted May 17, 1984, supersedes Article 11 (J nimum Land-. scaping Standards for Cer- tain Setback and Yard Areas) of Chapter 1-16 of the Code of Ordinances of St. Lucie County, and, therefore that Article 11 of Chapter 1--16 should be repealed in its entirety. NOW, THEREFORE, BE iT ORDAINED by the Board of County Commis- sioners of St. Lucie County, Florida: PART A. REPEAL OF AR- TICLE 11 (MINIMUM LANDSCAPING STAN- DARDS FOR CERTAIN SETBACK AND YARD AREAS) OF CHAPTER 1--16 (PLANNING). Article 11 of Chapter 1--16 of the Code of Or- dinances of St. Lucie Coun~ fy, Florida, is hereby rel~ealed in ifs entirety. PART B. SEVERAB]LITY AND APPLICABILITY. If any portion of this or, dinance is for any reason held or declared to be un- constitutional, inoperative, or void, such holding shall not affect the remaining fortions of this ordinance. this ordinance or any pro- vision thereof shall be held to be inapplicable to any' person, property, or cir- e, umsfance, such holding shall not affect ifs ap- plicability fo any other per- son, property, or cir- cumstance. ROGER POITRAS Clerk of the Board of Coun- ~ommissioner of Sf. Lucie: County, Florida PUBLISH: September 18, 1984 "444 , 2307 BOOK BOARD OF COUNTY COMMISSION£RS October 3, 1984 Mrs. Nancy Kavanaugh, Chief, Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find a certified copy of Ordinance No. 84-22, repealing Article II of Chapter 1-16, Code of Ordinances of St. Lucie County, Florida. This Ordinance was enacted by the Board of County Commis- sioners of said County on October 2, 1984. Please advise if I may provide you with any further information. Sincerely, Mar~orie M. Canonica C~ission Secretary Attachment H~',.'ERT ,_ FENN' D~stri.-' No I · E E GREEN D:smct NC' 2 · ~URiCE SK'YDER D~s'ric, No .U · r~. DALE TREFELNEt".. District No. 4 · BiLL PALMER Count~ ,R~m~q~stroto- - x~.JELD~'~' D LD~IS 2300 Virginio Avenue · Fort Pierce FL 33450 · Phone ,~057 406-1100 Ex,~. 201 & 202 October 5, 1984 FLORIDA DEPARTMENT OF STATE George Firestone Secretanf of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of October 3 and certified copy/ies of County Ordinance/s Nos. St. Lucie 84-22 (a) Certified copy/ies of Ordinance/s relative to: County which we have numbered which we have numbered This/these ordinance/s has/h~ave been filed in this office on October 5, 1984· The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (~rs.) q~ancy Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts ORDIN.~.NCE NO. 84-24 O]IDIN~I~CE ~NDING C~PTER 1-5 ~[~TICLE II OF THE CODE OF OI~DI~%NC~S OF ST. LO¢I~ COUNTY BY A~ENDING SECTION 106o3 OF THE STANDARD BUILDING CODE WHEREAS, the Board of County Commissioners of St. Lucie County has made the following determinations: 1. Section 125.01, 163.295, and 553.73, Florida Statutes, empower the Board of County Commissioners of St. Lucie County, Florida to adopt and enforce technical codes and regulations for the health, safety, and welfare of the residents of St. Lucie County. 2. Adoption of the following amendment to the Standard Building Code, 1982 Edition and the 1983 and 1984 revisions thereto, will benefit the health, safety, and welfare of the residents of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. A~IEND~,~NT OF SECTION 1-5-17 (AHEND~IENTS) OF AltTICLE II (BUXLDXN~ CODB) OF CHAPTER 1-5 (BUILDING AND BUILDING REgULaTIONS) Section 1-5-17 of the Code of Ordinances of St. hucie County, Florida is hereby amended to read as follows: Section 1-5-17. Amendments. The building code of the County, as adopted by Section 1-5-16, is hereby amended in the following respects: Section 106.3 Conditions of the Permit, is hereby amended so that same shall henceforth read as follows: BOOK The Building Official shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this code, nor shall such issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans or in construction, or of violations of this code. Every permit issued shall become invalid unless (a) a required inspection of the work authorized is requested and made within six months after issuance of the permit, and (b) following the initial inspection of the work authorized by such permit, continuing required inspections are requested and made at intervals not exceeding six months. Section 506.1. Scope, is hereby amended so that the same shall henceforth read as follows: These requirements shall apply to all group R-C Residential and group B-Business buildings which are fifty (50) feet or more above the lowest level of fire department vehicle access. Such buildings shall be provided with an approved automatic sprinkler system in accordance with Section 506.10 and areas of refuge (Compartmentation) in accordance with Section 506.9. All mechanical and electrical systems shall be approved and installed in accordance with approved plans and specifications pursuant to this section and shall be tested and proved to be in proper working condition to the satisfaction of the County Development Coordinator before issuance of the certificate of occupancy. Section 506.9. Areas of Refuge (Compartmentation) Alternate, is hereby amended so that the title of such section shall read henceforth as follows: Areas of Refuge (Compartmentation) Section 506.9. Areas of Refuge (Compartmentation, subsection (a), is hereby amended so that the same shall read henceforth as follows: (a) Areas of refuge shall be provided for each story exceeding fifteen thousand (15,000) square feet. Each story exceeding fifteen thousand (15,000) square feet in area shall be divided into two (2) or more areas of approximately the same size but not exceeding fifteen thousand (15,000) square feet. Section 506.11. Alternates Permitted, is hereby amended so that the same shall read henceforth as follows: (a) When a complete approved automatic sprinkler system, complying with Setion 506.10 is provided the following modifications of Code requirements are acceptable (see also footnote d Table 400). 1. The one and one-half wet standpipe, hose and nozzles is not required, however, the fire department risers and hose connections and required stairways are to be approved. 2. The manually operated fire alarm system required in the compartmented group R-Residential building is not required. 3. The required fire resistance rating of vertical shafts other than stairway enclosures and elevator hoistways may 500K be reduced to one hour when sprinklers are installed within the shafts at alternate floors. 4. In Type I construction, partitions, columns, trusses, girders, beams and floors may be reduced by one hour, but no component or assembly shall be less than one hour. 5. Smoke proof enclosures may be omitted provided all required stairways are equipped with a dampered relief opening at the top and supplied mechanically with sufficient air to discharge a minimum of two thousand five hundred (2,500) cubic feet per minute through the relief opening while maintaining a minimum positive pressure of fifteen hundredths (0.15) inch water column relative to atmospheric pressure with all doors closed. Activation of the mechanical equipment shall be in accordance with section 1104.6(h)6 of the Standard Building Code. Section 901.6. General, is hereby amended to reflect the addition thereto of paragrahs 5 and 6 which shall read as follows: 5. In all buildings five (5) or more stories in height, or fifty (50) feet or more in height, whichever is less. 6. An automatic fire sprinkles system as approved by the fire department shall be installed within all interior means of egress (exit access and exit) and in all common storage and maintenance areas. It shall also be connected to an approved fire alarm system. Section 2204.04. Movinq of Buildinqs, is hereby amended to reflect the addition thereto of the following paragraph: 453 BOOK The County Development Coordinator as a condition precedent to the issuance of a permit to move a building shall require a performance bond to be executed by the person desiring the permit, with satisfactory corporate surety. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida in an amount determined by the County Development Coordinator to be equal to the cost of demolition, removal or repair, in order to bring the building into compliance with the Standard Building Code, as amended and adopted by St. Lucie County. The bond shall be conditioned on bringing the relocated building into compliance with the Standard Building Code within ninety (90) days from the date of relocation; if the building does not comply with the Standard Building Code within the ninety (90) day period the County shall give ten (10) days written notice of the noncompliance and of the County's intent to have a bond forfeited to cover the cost of demolition, removal or repair of such building. Following such notice, the bond shall be forfeited and the necessary demolition, removal or repair shall be done. PART B. SE~EP~BILIT~ AND APPLICABILIT~ If any portion of ths ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 5O0K PART C. FILING WIT~ T~E DEPArTmENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE This ordinance shall take effect upon receipt of official acknowledgement from the Department of State that it has been filed. PART E. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Jim Minix Commissioner E. E. Green Commissioner Jack Krieger Aye Aye Aye Aye Aye PAI~T F. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the work "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions; provided however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this 15th day of January, 1985. BOAR/) OF COUNT~ CO~ISSIONERS ST. LUCIE COUNT~, FLORIDA Chai £man ATTEST: lerk *85 JAN FIL£D ROGER '~453 ~,,,2350 5001( STATE OF FLORIDA COUNTY OF ST. LUCIE Published Seven Days A Week Fort Pierce, St. Lucia County, Florida ,~ ~ ( ~ ~r ~ Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a .... ~e..e~.~.n.& .n.?p..~.q.e ........ in the matter of ......... .~./.~..s./..8.s. ................................ was published in said newspaper in the issues of .......... 12/21/84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucia County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corpora- tion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me This.' .~.~s~c~. ........... day of ........ DEC '../....-f'-~ ~ i/'~' ~ ~/ ~'~ Y ' ~P,',~[[D THRU ~E~ERAL INS. UND. xepul OOljd !tunsuo0 No. 00891 NOTICE - NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucle.Counfy, Florida, will at Ifs meeting at 9:00 A *%=pR-~,msdav Januar ~ =uy amen~l'e~ s ' y 1.. Same shal! ..... o that ~#~ = as foHow~: .... u henceforth: eLs of refuge ~ell nsuo ,, eq~ ~eql s3on 'auI ?A~LL BOARD OF COUNTY COMMISSION£RS January 17, 1985 Mrs. Nancy Kavanaugh, Chief, Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find signed copies of the following Ordinances: No. 84-24 - An Ordinance amending Chapt. 1-5 Article II of the Code of Ordinances of St. Lucie County. No. 84-26 - An Ordinance adopting Article VIIi (Accessibility by handicapped persons) of Chap. 1-5 (Buildings and Building Regulations) of the Code of Ordinances of St. Lucie County. These ordinances were enacted by the Board of County Commissioners of St. Lucie County on January 15, 1985. Please advise if I may provide you with any further information. S i~nc e~r ely, M~orie M. Canonica Co~mission Secretary /mmc Attachments HAVERT L FENN. District No. I · E. E GREEN. District No 2 · JACK KRIEGER. District NO. 3 · R DALE TREFELNER District No 4 · JIM MINIX D$:'Ct ',C 5 County Administrotor - WELDON B LEWIS 2300 Virginia Avenue * Fort Pierce, FL 33482-5652 * Phone (305) 466-1100 Ext. 201 & 202 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State January 22, 1985 Ms. Marjorie M. Canonica Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33482-5652 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of January 17~ 1985 and certified copy/ies of st. 'Lucie County Ordinances Nos. 84'24 and 84-26 Receipt of relative to: (a) which we have numbered (b) County Ordinance/s which we have numbered We have filed this/these Ordinance(s) in this office O~ January 21, ~o~ The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, Bureau of Administrative Code and Laws LC/ FLORIDA-State of the Arts 68350 ORDINANCE NO. 84-25 AN ORDINANCE ANENDING SECTION 3.3.122(15) (b) OF THE ST. LUCIB COUNT~ ZONING ORDINANCE W-~EREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Article VIII, Section l(f), Florida Constitution, and Section 125.01(1) (h), Florida Statutes, authorizes and empowers this Board to establish, coordinate, and enforce zoning regulations as are necessary for the protection of the public. 2. Section 5.3.000 of the St. Lucie County Zoning Ordinance provides a means for changing the text of that ordinance. 3. This Board has proposed an amendment to Section 3.3.122(15) (b) of the St. Lucie County Zoning Ordinance. 4. After notice properly published in the Fort Pierce News Tribune in compliance with Section 5.1.100 of the St. Lucie County Zoning Ordinance, the St. Lucie County Planning and Zoning Commission held a public hearing on September 27, 1984, and has recommended that this Board amend Section 3.3.122(15) (b) of that ordinance. 5. After notice properly published in the Fort Pierce News Tribune in compliance with Section 5.1.100 of the St. Lucie County Zoning Ordinance, this Board held a public hearing on November 20, 1984, to consider the proposed amendment to Section 3.3.122(15) (b) of that ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. A~END~IENT OF ST. LUCIE COUNTY ZONING ORDINANCE. Section 3.3.122(15) (b) of St. Lucie County Zoning Ordinance, is hereby amended to read as follows: (b) No change or alteration of an existing mobile home or recreational vehicle park space shall be permitted unless the change or alteration shall meet all requirements of the RMH-5 District if a mobile home or the RVP District if a recreational vehicle park space, provided, however, that in Condominium Travel Trailer Subdivisions screen rooms may be permitted, subject to the following requirements: (i) Screen rooms shall be at least eight (8) feet from rear and side lot lines and shall not extend beyond the front of the recreational vehicle or travel trailer. (ii) No building, structure, or addition of any kind, except aluminum screen rooms with vinyl plastic windows as hereinafter provided, shall be erected on any lot in a Condominium Travel Trailer Subdivision. (iii) The wall enclosure of screen rooms shall not be less than sixty-five (65) percent screen; impervious surfaces of the screen room shall not exceed thirty-five (35) percent of the total screen room area. Only vinyl windows, snap-ins, snap-ons, or roll down windbreaks shall be allowed. No glass or plexiglass window or glass or plexiglass kick panel shall be permitted in screen rooms. (iv) Screen rooms must be securely attached to the trailer, must meet applicable Standard Building Code requirements, and must be removed when the trailer is moved from the lot. No free standing screen room shall be permitted. (v) No screen room shall be erected unless a permit has been obtained from the County Development Coordinator's Office. (vi) Plans for screen rooms shall be submitted to the County Development Coordinator's Office for approval. Plans must carry the seal of a registered Florida architect or engineer and must be accompained by an affidavit from the architect or engineer stating that the structure meets or exceeds Standard Building Code requirements. bOOK PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County and adopted prior to January 1, 1969, county ordinances, and county resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to thhe extent of such conflict. PART C. SEVERABILIT~ AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Department of State that it has been filed. BOOK. PART G. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner E. E. Green Commissioner Jim Minix Commissioner Jack Krieger Aye Aye Aye Aye Aye PART G. CODIFICATION. The provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of that ordinance may be renumbered or relettered to acocmplish such intention. PASSED AND DULY ADOPTED this 20th day of November, 1984. BOARD OF COUNT~ COI~IlSSIONERS ST. LUCIE COUNT~, FLORIDA ~//dclerk 68,3502 FILL? ROGEr:, ST. LUC!.~L BOARD OF COUNTY COMMISSION(ERS November 29, 1984 Mrs. Nancy Kavanaugh, Chief, Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find signed copy of Ordinance No. 84-25 amending Section 3.3.t22(15)(b) of the St. Lucie County Zoning Ordinance. This ordinance was enacted by the Board of County Commissioners of said County on November 20, 1984. Please advise if I may provide you with any further information. Sincerely, M~/orie M. Canonica C~mission Secretary /mmc Attachment HAVERT L. FENN District No. I * E E GREEN. District No. 2 · JACK KRIEGER. District No 3 · R. DALE TREFELNER District No. 4 · JIM MINIX, District No 5 County Administra~'or - WELDON B. LEWIS 2300 Virginia Avenue · Fort Pierce, FL 33482-5652 ° Phone (305) 466-1100 Ext. 201 & 202 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State December 10, 1984 Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33482-5652 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of November 29 and certified copy/ies of County Ordinance/s Nos. St. Lucie 84-25 (a) Certified copy/ies of Ordinance/s relative to: Co un t y which we have numbered (b) which we have numbered This/these ordinance/s has/h.ave been filed in this office on December 10, 1984. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts Old, IN. CE NO. 84-26 AN OIH)INANCE ADOPTING ARTICLE VIII (ACCESSIBILITY BY ~%~DICAPP~D PEI~SONS) OF CHAPTER 1-5 {BUILDINGS AND BUILDING REGULATIONS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLOP. IDA; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PI~OVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PIK)VIDING AN EFFECTIVE DATE; AND PI~0VIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01, 163.295, and 553.19, Florida Statutes, empower this Board to adopt and enforce building, housing, and related technical codes and regulations for the health, safety, and welfare of the people. 2. Adoption of Part V of Chapter 553, Florida Statutes, concerning accessibility by handicapped persons will benefit the health, safety, and welfare of the residents of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ADOPTION OF ARTICLE VIII (ACCESSIBILITY BY HANDICAPPED PERSONS) OF CHAPTER 1-5 (BUILDINGS AND BUILDING REGULATIONS) Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding a new Article VIII, to read as follows: ARTICLE VIII. ACCESSIBILITY BY HANDICAPPED PERSONS. Section 1-5-81. Adopted Part V. (Accessibility By Handicapped Persons) of Chapter 553 (Building and Construction Standards), Florida Statutes, is adopted by reference as a building code of St. Lucie County, to apply to unincorporated areas of the county. A copy of such code shall be filed in the Office of the County Development Coordinator and shall be available for public inspection during the regular business hours of such office. PART B. SEVERABILITYANDAPPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPART~IENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Department of State that it has been filed. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Jim Minix Commissioner E. E. Green Commissioner Jack Krieger Aye Aye Aye Aye Aye PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PASSED AND DULY ENACTED this 15th day of January, 1985. .~~~EST: Clerk BOARD OF COUNTY co~qISSIONERS ST. LUCIE COUNTY, FLORIDA thai rman ,JAN FILED ROGER ST, LUCiE 453 BOOK STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEI*"~ TRIBUNE Published S~..~n Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a .... .n.9.t). ?.e. ................... in the matter of .......... ~e..e.~..~.n.g..~./.~..~./..~.~. ................... was published in said newspaper in the issues of .......... 12/21/84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corpora- tion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me · 21st DEC This ................ day of ....... :.. ].. . . : ' " ...... ":;'. No. 00892 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucle County, Florlda, will, at ifs meeting at 9:00 A.M. on Tuesday, January 15, 1985, in Room 101 of the St. Lucle County Ad- mlnls, tratlon Building, 300 V rglnla Avenue, Fort Pierce, Florida, hold a public hearing fo consider the enactment of Ordinance No. 84-26, a copy of which Is attached hereto %ndp2J reference made hereof. ORDINANCE NO. 84-26 AN ORDINANCE ADOP- TING ARTICLE VIII (AC- CESSIBILITY BY HAN- DICAPPED PERSONS) OF CHAPTER 1-5 (BUILDINGS AND BUILDING REGULA- TIONS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR'FILING WITH THE DEPART- MENT OF STATE; PRO- VIDING AN EFFECTIVE DATE; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the foll0wlng determlnatlons: 1. Sections 125.01, 163.295, and 553.1'9, Florida S_tat~'~- ~r this ~uilue ,,,m pae,~U~op !nd e~a uo.q.qOdmoa l~uoli~ ~e~e~ll°S,, p,o,z,soq~..TO.T ~S!mouooa Ch,' ,,'g86! U.[ ~[aeq ~s}~ u.quoa uo!letju! oas 'P!rs.luo~u~r~ STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEV"~ TRIBUNE Published S~..an Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a .... .~.e.~)..~ ................... in the matter of .......... ?. ?.~..~ng..%/.%.~/..~.~. ................... was published in said'newspaper in the issues of .......... 12/21/84 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corpora- tion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me J~. ' ~ ~/ ' t'IOTAJ~Y PI.J'~L!C STATE Or (SEAL) ,/~' Notary Public Bo'~o~'~) T~.,pu GENERAL INS. UND. No. 00892 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucle County, Florida, will, at Its meeting at 9:00 A.M. on Tuesday, January 15, 1985, in Room 101 of the St. Lucie County Ad- ministration Building, 300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing to consider the enactment of Ordinance No. 84-26, a copy of which is a~tached hereto and by reference made a part hereof. ORDINANCE NO. 84-26 AN ORDINANCE ADOP- TING ARTICLE VIII (AC- CESSIBILITY BY HAN- DICAPPED PERSONS) OF CHAPTER 1-5 (BUILDINGS AND BUILDING REGULA- TIONS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR'FILING WITH THE DEPART- MENT OF STATE; PRO- VIDING AN EFFECTIVE DATE; AND PROVIDING FOR CODI F ICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01, 163.295, and 553.1'9, Florida Statr~- ~e~q'~e..C. this e.:r,.,o~. a~nssa~d P~e*~u b .... ~Aop ~,e~e~t°S,, peal O~]} 2'~S , ' Ch, , g86[ U[ aoeq uale~ Sta:U[3EO3 u°zlel~u[ oas ~uzmpe ue~eo~ 'p~es o asea~om ia= [enuue ue aq? ~q paJnseom qluom ~s~g aq~ ~o~:. )~[aq pool pue 'aunt aouzs BOARD OF COUNTY COMMISSIONCRS January 17, 1985 Mrs. Nancy Kavanaugh, Chief, Bureau of'Laws Department of State The Capitol Tallahassee, FL 32304 Dear Mrs. Kavanaugh: Attached please find signed copies of the following Ordinances: No. 84-24 _ An Ordinance amending Chapt. I-5 Article ~I of the Code of Ordinances of St. Lucie County. No. 84-26 - An Ordinance adopting Article VIIi (Accessibility by handicapped persons) of Chap. 1-5 (Buildings and Building Regulations) of the Code of Ordinances of St. Lucie County. These ordinances were enacted by the Board of County Commissioners of St. Lucie County on January 15, 1985. Please advise if I information, may provide you with any further /mmc Attachments Since, rely, M~orie M. Canonic Commission Secre~ar~ HAVERI' L. FENN. District No. 1 · E. E. GREEN Distr,ct No 2 · JACK KRIEGER. D,str,ct No 3 · R DALE TREFELNER. D,st..:t ~o 4 · JiM ~.~l,~.x D s:':- '.: 2 County Admin~strotof . WELDON B LEWIS 2300 Virginia Avenue · Fort Pierce, FL 33482-,5652 · Phone (30.5) 4664'/00 Ext 201 & 202 January 22, 1985 FLORIDA DEPARTMENT OFSTATE G~rge Firestone oecreta~ of State Ms. Marjorie M. Canonica Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33482-5652 Dear Ms. Canonica: LC/ Pursuant to the provisions of Section 125.66 Florida Statutes, this will acknowledge: , 1. Receipt of your letter/s of January 17, 1985 _ and certified copy/ies of St. 'Lucie Count~ _ ~dinances Nos. 84-'24' and 84-26 2. Receipt of relative to: (a) which we have numbered (b) which we have numbered $. We have filed this/these Ordinance(s) in this office on January 21, 198~. 4. The original/duplicate copy/les showing the filing date is/are being returned for your records. Cordially, ________County Ordinance/s (Mrs.) z Cloud, Chief Bureau of Administrative Code and Laws ~e of the~-~