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HomeMy WebLinkAbout1989ORDINANCE NO. 89-01 (FORMERLY 0/88-54) AN ORDINANCE AMENDING SECTION 3.2.800 TEMPORARY USES AND STRUCTURES OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) TO ADD RELIGIOUS FACILITIES AS A PERMITTED TEMPORARY USE IN CG COMMERCIAL, GENERAL ZONING DISTRICTS UNDER CERTAIN CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. It is difficult for new religious congregations to find appropriate facilities to assemble for religious worship. 2. Allowing religious facilities as a permitted temporary use in CG Commercial, General zoning districts under certain conditions is not inconsistent with the purposes of that zoning district. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 3.2.800 TEMPORARY USES AND STRUCTURES OF APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Section 3.2.800(2), Particular Temporary Uses Permitted, is hereby amended to add the following: (g) Religious facilities in existing structure~ in CG Commercial, General zoning districts. Such use shall be limited to the worship activities of the named applicant for the temporary use permit including educational programs conducted in conjunction with the worship service, but shall not include child Struck ~..-~..~ passages are deleted. added. --1-- 8C4 oo 629 Underlined passages are care programs conducted independently from the worship service or the establishment of schools. The temporary use shall be valid for a period of five (5) years. Extensions to the five (5) year period shall be granted only if the Board determines that the Religious facility has made a good faith effort to relocate to a permanent facility. 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January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict.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 THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 629 805 Struck through passages are deleted. added. -2- Underlined passages are PART E. EFFECTIVE DATE. This ordinance shall take effect on May 1, 1989. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Jim Minix Aye Commissioner Jack Krieger Aye PART G. CODIFICATION. Absent 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 H shall not be codified. CLERK PASSED AND DULY ADOPTED this 14th day of March, 1989 ; ' . ~OARD OF COUNTY Co~IsSION~.RS ATTEST: ST. LUCIE COUNTY, FLORIDA ~Y: 5S ~ ~PPROV~ AS_ TO FO~ ~ . ,~) COUNTY ATT~R~Y 629 806 ~;; BOOK Struck ~ ..... ~ ...... ~.. passages are deleted. added. -3- Underlined passages are 9639'8 ORDINANCE NO. 89-02 (FORNERLY 0/88-55) AN ORDINANCE AMENDING CHAPTER 1-3 (ALCOHOLIC BEVERAGES) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; AMENDING SECTIONS 1-3-2 (DISTANCE RESTRICTIONS ) AND 1-3-3 (MEASUREMENT) TO SUBSTITUTE RELIGIOUS FACILITY FOR CHURCH; AMENDING SECTION 1-3-2 TO PROVIDE THAT THE DISTANCE RESTRICTION SHALL NOT BE APPLICABLE TO RELIGIOUS FACILITIES LOCATED WITHIN CG COMMERCIAL, GENERAL ZONING DISTRICTS AS TEMPORARY USES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board has adopted Ordinance No. 89-01 which amends Section 3.2.800(2) of the St. Lucie County Zoning Ordinance to allow religious facilities as temporary uses in CG Commercial, General zoning districts under certain conditions. 2. In order to protect the ma3 or purpose of the CG Commercial, General zoning district, which is to provide and protect an environment suitable for a wide variety of commercial uses, the distance restriction contained in Section 1-3-2 of the St. Lucie County Code of Ordinances should not be applicable whe~ the religious facility is located in a CG Commercial, General zoning district as a temporary use. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 63i Struck ~,,~,,~ passages are deleted. added. -1- Underlined passages are PART A. AMENDMENT OF SECTIONS 1-3-2 AND 1-3-3 OF CHAPTER 1-3 (ALCOHOLIC BEVERAGES) OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS Sections 1-3-2 and 1-3-3 of the St. Lucie County Code and Compiled Laws are hereby amended to read as follows: Section 1-3-2. Distance restrictions - Established for persons selling or transferring alcohollc beverages. No sales or transfers of alcoholic beverages for on-premises consumption shall be permitted except as noted below, within one thousand six hundred (1,600) feet of a church religious facility, school, public park, or public playground. This section shall not be applicable to sales or transfers by any license holder whose use of his premises for such sale existed before the establishment of the use of the -~ .... ~ ........ religious facility, school, public park, or public playground, or when the religious facility is located in a CG Commercial, General zoning district as a temporary use pursuant to Section 3.2.800(2) of the St. Lucie County Zoning Ordinance. Section 1-3-3. Same - Measurement. The distance between ~ religious facilitie~ or schools and licensed premises shall be measured on a straight line connecting the nearest point of the building of the church religious facility or school to the nearest point of the building of the licensed permises. The distance between public parks or public playgrounds and licensed premises shall be measured on a straight line connecting the nearest point of the boundary of the public park or public playground to the nearest point of the building of the licensed premises. ...... ~.. passages are deleted. added. -2- oo, 634 ,^o '2962 Underlined passages are 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 THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Struck through passages are deleted. added. -3- Underlined passages are Chairman Judy Culpepper Aye Vice-Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Nay Commissioner Jim Minix Aye Commissioner Jack Krieger Absent 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 B through G shall not be codified. PASSED AND DULY ADOPTED this 25th day of April, 1989~ BOARD OF COUNTY ST. LUCIE ATTEST 50OK ...... ~.. passages are deleted. added. -4- Underlined passages are ORDINANCE NO. 89-03 AN ORDINANCE AMENDING CHAPTER 1-7 (COURTS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO ADD ARTICLE I ESTABLISHING THE DRUG ABUSE TRUST FUND; PROVIDING FOR AUTHORITY FOR ENACTMENT OF ARTICLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR CREATION AND ACCOUNTING OF DRUG ABUSE TRUST FUND; PROVIDING FOR EXPENDITURES; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Chapter 125, Florida Statutes, authorizes this Board to promulgate drug treatment and education programs. 2. The Board of County Commissioners of St. Lucie County, Florida, has deemed that it is desirable to establish a system for the collection of funds to financially assist such drug treatment and education programs. 3. Section 893.13, Florida Statutes, authorizes courts to impose assessments, in addition to fines and other penalties authorized by law, against offenders who violate criminal provisions relating to possession of and trafficking in controlled substances. 4. Section 893.165, Florida Statutes, authorizes the Board of County Commissioners to establish a drug abuse trust fund for the deposit of court-imposed assessments. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ...... through passages are deleted. added. -1- Underlined passages are PART A. ADDITION OF ARTICLE I (DRUG ABUSE TRUST FUND) TO CHAPTER 1-7 (COURTS) Chapter 1-7 of the Code of Ordinances of St. Lucie County, Florida, is amended by adding Article I after Section 1-7-8 (Reserved) to read as follows: ARTICLE I. DRUG ABUSE TRUST FUND Section 1-7-20. Authority for enactment of article. This article is enacted pursuant to the authority vested in the board of county commissioners by virtue of Chapter 125, Florida Statutes, Sections 893.13 and 893.165, Florida Statutes. Section 1-7-21. Definitions. For the purpose of this article, the followinq terms have only those meanings ascribed to them. Board of County Commissioners shall mean the board of county commissioners of St. Lucie County, Florida. Clerk shall mean the Clerk of the Circuit Court and County Court of Florida's Nineteenth Judicial District and Accountant to the Board of County Commissioners. County shall mean the incorporated and unincorporated areas of St. Lucie County, Florida. Chief Judge shall mean the Chief Judge of Florida's Nineteenth Judicial District. Defendant shall mean a person charged with a criminal action pursuant to Chapter 839, Florida Statutes. Struck through passages are deleted. added. --2-- Underlined passages are 622 Section 1-7-22. Drug Abuse Trust Fund - Creation and Accounting. (a) Pursuant to Section 893.13, Florida Statutes, when any defendant, on or after the effective date of this ordinance, ix found guilty of, or pleads nolo contendere to, a violation of any provision of Chapter 893, Florida Statutes,that is punishable as a criminal offense, in addition to any fine and other penalty provided by law, may be assessed an amount up to the amount of the fine authorized for the violation. Such additional assessment shall be used for druq abuse programs as provided by general law and this Ordinance. Pursuant to said Section, the court is authorized to order a defendant to pay such assessment if it finds that the defendant has the ability to pay the fine and the additional assessment, and the defendant will not be prevented from being rehabilitated or from making restitution. (b) Once assessed, the Clerk will keep a record of assessments and those assessments shall be collected by the Clerk. The Clerk shall forward all monies collected to the Board of County Commissioners for deposit into a special and separate account titled The Drug Abuse Trust Fund. Once each month, the Board of County Commissioners shall require a full report from the Clerk as to the amount of assessments imposed by its courts, the amount of funds collected and deposited into the Drug Abuse Trust Fund, and the amount of expenditures from the Drug Abuse Trust Fund. °~ .... " ~ ..... ~ passages are deleted. added. --3-- Underlined passages are Section 1-7-23. Expenditures. Monies deposited into the Drug Abuse Trust Fund shall be used to financially assist druq abuse treatment and education programs. In order to receive assistance grants from the Drug Abuse Trust Fund, County drug abuse treatment or education programs shall be selected as program recipients on the basis of selection procedures which shall be developed by the County Administrator. Such procedures shall include as a basis for selection the success of the program. Final approval shall be made by the Board of County Commissioners upon recommendation by the County Administrator, and selections shall be made annually. 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. ~~°~ .... '- ~,.~,.~ passages are deleted. added. --4-- Underlined passages are 1139 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 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on February 1, 1989. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Judy Culpepper Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Jim Minix Aye Commissioner Jack Krieger Absent 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 B through G shall not be codified. Struck ~ ..... ~ passages are deleted added. -5- Underlined passages are 622 PASSED AND DULY ENACTED this 24th day of January, 1989. ~TTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 944454 $'[. L:~:, ":1 Struck ~ ..... ~ ~,,~u~,, passages are added. deleted. --6-- Underlined passages are ORDINANCE NO.: 89-06 940353 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE WEST SIDE OF NORTH KINGS HIGHWAY, ADJACENT TO CANAL C - 25, JUST NORTH OF ANGLE ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI - URBAN) TO IL (INDUSTRIAL, LIGHT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Jim Russakis presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to IL (Industrial, Light) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on December 1, 1988, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi - Urban) to IL (Industrial, Light) for the property described below. 3. The Board held a public hearing on January 10, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 14, 1988. 619 BOOK NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE ATTACHED EXHIBIT "A" owned by Jim Russakis, be, and the same is hereby changed from SU (Semi - Urban) to IL (Industrial, Light). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: the vote on this ordinance was Chairperson Judy Culpepper AYE Vice-Chairperson Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE ATTEST: ~-.. CLERK PASSED AND DULY ADOPTED this 10th day of January, 1989. BOARD OF COUNTY COMMISSIO.~RS". ST. LUCIE COUNTY, FLORIDA ~' . .,... BY: ' -~ APPRO~D AS TO FORM AND COUNTY ATTOR Y oo 6i9 of 25.00 feet, to the West right of way of Kings Highway and the POINT OF BEGINNING; thence continue N89"43'52"W,' along the North right of way o~ South Florida Wa~er Management District Canal No ~C-25 {Belcher Canal),. a distance of 254'.97 feet; r~n N52"42'10"W, along the said North right of way of Canal C-25, a distance of 50 02.'feet; thence run N00"28'30"E, the- aid North right.of,wa along ~ ~ of Canal C-25, ~ distance of 49187 fee[. thence run N89 44 23~W,: along the said North. righ~ 'of way of Canal C-25, a distance of 164.44 fee~: thence run N00~27.~49"E, a distance 'of 140.59 feet; thence run S89~27,52,,E, ::'~":~ a distance of 459.58 feeg, to the said Wost right of.~ay of ~:~,,..;~-~-~.~.:~.:.~-...~ ..~ . . .-. ~ngs ~ighway; thence-run S00'27'49"W,' along the said West righ~ 9f way of Kings Highway, a distance of 218.42 fee%, to .::.;Lthe POINT OF BEGINNING; all lying and bein~ in Section 35, '~?~.~,~(?:}~.~:.'~:-~?.]Township. 34 Sou~h, Range 39 Za~g, S~.. Lucie~Count Flor' ' ~.'%:. ~' ~5:''.%;.. .- .. Commence at a Rail Road spike at the Southeast corner of Section 35, Township 34 South, Range 39 East, St. Lucie County, Florida; thence run N00"27'49"E, along the East line of said Section 35, a distance of 147.76 feet; thence run N89"43'52"W, a distance ST. L~ ,.lan 17 Pi2:13 9539'88 ORDINANCE NO. 89-07 AN ORDINANCE AMENDING SECTION 3.3.118 U UTILITIES OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) TO ADD AGRICULTURE, INCLUDING FARMS, GROVES, AND RANCHES AS A PERMITTED USE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has determined that it is in the best interest of the citizens of St. Lucie County, Florida, to amend the zoning ordinance to add agriculture, including farms, groves, and ranches as a permitted use in U, Utilities, zoning districts. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida that: PART A. AMENDMENT OF SECTION 3.3.118 U UTILITIES OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Section 3.3.118 (2) is hereby amended to read as follows: (2) Permitted uses: (a) (b) ~ Communication (c)~,'~' Electricity regulating substations. (d) ~'-' Electric transmission rights-of-way. (e) ~'~ Gas pipeline rights-of-way. (f) ~ Gas pressure control stations. (g)~,'=' Highway and street rights-of-way. (h) ~ Historic and monument sites. (i) '~' Industrial wastewater disposal (.j) (i) Marinas. (k) {--j-} Marine craft transportation. '"~ Motor vehicle transportation. (1) (m) (1) Other electric utilities. (n) ~...~ Other gas utilities. '-~ Pipeline right-of-way and (o) ,,,, stations. Agriculture, includinq farms, groves, and ranches pressure control '-~ Railroad rapid rail transit, (P) ~, transportation. (q) ~,'-~ Sewage disposal. (r) +q-} Swimming beaches. (s) ~,'-~ Water utilities and irrigation. and street railway 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 THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. -2- ...... through passages are deleted. added. 625 J. 309 Underlined passages are PART F. PENALTIES. Violation of this ordinance is a misdemeanor pursuant to Section 125.69, Florida Statutes,. and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to 8500.00, or both such imprisonment and fine. PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the Word "ordinance" may be changed to "section," "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to H shall not be codified. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Vice Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jack Krieger Commissioner Jim Minix AYE AYE AYE ABSENT AYE °" 628 , ,i3iO t~OOK -3- Struck ~= ...... ...... ~,, passages are deleted. added. Underlined passages are DULY PASSED AND ADOPTED THIS 28th DAY OF FEBRUARY'\~l'98g'. BOARD OF COUNTY ST. LUCIE COUNTY, APPROVED AS TO FORM CORRECTNESS: /~j, cou~ ~O~N~ °~ 628 ~^o~131i ~OOK Struck ~ ...... ~.,~,, passages are added. -4- deleted. Underl±ned passages are 944455 ORDINANCE NO. 89-08 (FORMERLY NO. 88-75) AN ORDINANCE AMENDING SECTION 1-5-85 (DRIVEWAY REQUIREMENTS) OF ARTICLE IX (DRIVEWAY PERMITS) OF CHAPTER 1-5 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY PROVIDING THAT PAVED DRIVEWAYS FRONTING ON UNPAVED COUNTY ROADS BE TERMINATED AT THE RIGHT-OF-WAY LINE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 316.006, Florida Statutes, provides that St. Lucie County, Florida, has original 3urisdiction over all streets and highways located within its boundaries except state roads and municipal streets. 2. Article VIII, Section l(f), Florida Constitution, and Section 125.01(1)(h) and (i), Florida Statutes, authorize and empower this Board to establish, coordinate, and enforce zoning and building regulations as are necessary for the protection of the public. 3. The health, safety, and welfare of the residents of St. Lucie County, will benefit from providing that pave driveways fronting on unpaid county roads be terminated at the right-of-way line. ...... ~,, passages are deleted. added. -1- Underlined passages are PART A. AMENDMENT OF SECTION 1-5-85 OF ARTICLE IX OF CHAPTER 1-5 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. SECTION 1-§-8§ of Article IX of Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: CHAPTER 1-5 BUILDINGS AND BUILDING REGULATIONS ARTICLE IX. DRIVEWAY PERMITS Section 1-5-85. Driveway requirements. (1) The following requirements must be met by any proposed driveway for a one or two family dwelling: (a) A driveway shall be at least § feet from the side property line. (b) Construction of all driveways shall meet specifications for Public Works Construction, St. Lucie County, Florida, and all other applicable County regulations. (c) In the case of corner lots, driveways shall be constructed so that the center line of the driveway is a minimum of 20 feet from the parallel base building line. (d) Construction of all paved driveways on property fronting on an unpaved roadway shall terminate at the riqht-of-way line. (2) The following requirements must be met for all development other than one or two family dwellings: Struck through passages are deleted. added. -2- Underlined passages are 622 (a) The following driveway spacing standards shall apply to corner lots having frontage on functionally classified streets, except the intersection of two local streets: (i) Driveways shall be constructed so that the nearest edge line of the driveway is a minimum of 50 feet from the parallel base building line. (ii) The nearest edge of a second driveway shall be a minimum of 150 feet from the parallel base building Line. (b) The maximum width for a one-way driveway shall be 20 feet and 40 feet for a two-way driveway. (c) The edge of a driveway shall not be less than 25 feet from a side property line. (d) The nearest edges of any two driveways shall be separated by a minimum of 50 feet. (e) If any of the following conditions exist as shown on plans for new construction, left turns shall be prohibited from the driveway: (i) In the case of corner lots, the center line of the driveway is less than 20 feet from the parallel base building line. (ii) Less than required spacing between driveways. (iii) Any use, existing or proposed, located on the property(s), to be served by the driveway under application, that will generate more than 50 vehicle trips per day, shall not be authorized left turn movements to access that driveway unless the nearest edge of the driveway is a minimum of 350 feet from the parallel base building line. It shall be the responsibility of the person, firm, corporation or association seeking the Struck ~,.~,,~ passages are deleted. added. -3- Underlined passages are ° 622 ~001( driveway permit to design and install appropriate measures to prevent left turn movements at this driveway, should the required separation not be met. The County Engineer shall review, and approve of, all proposals to limit these left turn movements in accordance with sound engineering practices. (f) On parcels with road frontage of 300 feet or less, the developer of such parcel shall design access to the property to allow combined access with any ad3acent parcel with road frontage of 300 feet or less in order to meet driveway separation requirements for both parcels, subject to the agreement of all property owners. In cases where combined access is utilized, the provisions of Section 1-5-85(2)(c) shall not be applicable. (g) Construction of all paved driveways on Droperty fronting on an unpaved roadway shall terminate at the right-of-way line. 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. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such Struck through passages are deleted. added. -4- Underlined passages are holding ordinance. shall not affect the remaining portions of this 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. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated areas of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. PENALTIES. Violations of this ordinance shall be heard before the St. Lucie County Code Enforcement Board subject to the provisions of Chapter 1-2 of the St. Lucie County Code of Ordinances and Compiled Laws. Struck through passages are deleted. added. -5- Underlined passages are 0R PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Vice Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Jack Krieger AYE AYE AYE AYE ABSENT PART I. 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 I shall not be codified. PASSED AND DULY ADOPTED this 24th day of January, 19'8'9. 944455 BOARD OF COUNTY CoMM~SS'I~ONERS' ST. LUCIE COUNTY;.'."~FLORI:~----'~' .' APPROVE~!~ AND CO..SC ESS: 0 Y ATT~EY ..... ~ ..... ~.. ~ssages-are deleted. added. --6-- Underlined passages are o, 622 BOOK 963292 ORDINANCE NO. 89-09 (FORMERLY 88-90) AN ORDINANCE AMENDING SECTION 3.3.120 RVP RECREATIONAL VEHICLE PARK AND SECTION 3.3.122 HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) TO CLARIFY THE REQUIREMENTS FOR PERMITTED ADDITIONS TO RECREATIONAL VEHICLES AND TRAVEL TRAILERS WITHIN THESE ZONING DISTRICTS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. That it is in the best interest of the citizens of St. Lucie County to amend the zoning ordinance to clarify the requirements for additions to recreational vehicles, mobile homes, and travel trailers in the Recreation Vehicle Park and Hutchinson Island Residential District zoning districts. 2. After consultation with the Fire Marshal, in order to protect the health, safety, and welfare of the residents of these zoning districts, the following provisions of the Standard for Firesafety Criteria for Mobile Home Installations, Sites, and Communities, NFPA 501A-1982 should be incorporated into this ordinance: a. Section 5-3.1 Use and Maintenance of Space Under Mobile Homes, Accessory Buildings, or Structures. Struck through passages are deleted. added. -1- Underlined passages are The space under mobile homes and accessory buildings and structures shall not be used for the storage of combustible materials nor for the storage or placement therein of flammable liquids, gases, or liquid or gas fuel-powered equipment. Section 5-4.2 Exits. Every habitable room in an accessory building or structure shall have access to at least one exterior opening directly to the outside without passing through the mobile home. When a building or structure encloses two doors of the mobile home or an emergency exit window, an additional exterior door shall be installed. This exterior door shall not be less than twenty-eight (28) inches in width and six (6) feet two (2) inches in height. Section 5-4.4 Ramada Clearances and Venting. A ramada or any portion thereof shall have a clearance of not less than eighteen (18) inches in a vertical direction above the top of any fuel burning appliance vent or plumbing vent extending through the roof of the mobile home and not less than six (6) inches in a horizontal direction from each side of a mobile home. Section 5-4.4.2 Roof Venting. A ventilating opening shall be installed at the highest point in the ramada roof to relieve products of combustion from vents or ducts of fuel burning equipment. Vent openings shall have a minimum cross-sectional area of twenty-eight (28) square inches. Chimmeys or vents of appliances burning solid or liquid fuel shall extend through the ramada roof surface and shall terminate in an approved roof jack and cap. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 3.3.120 RVP RECREATIONAL VEHICLE PARK OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) Section 3.3.120(13) is hereby amended to read as follows: (13) ~ ° ~ .......... ~ ~ ~- · ..~...~ Permitted Additions to Recreational Vehicles and Travel Trailers Struck ~..~..~ passages are deleted. added. -2- Underlined passages are 634 I~OOK (a) (i) ...... t ..... 1 v=hicl~ ---' ...... Additions to recreational vehicles and travel trailers shall be permitted ....... ~- -~ ....... ~ ~---~:-- .................. = ~ ~ .......... , su ect to the following requirements: Florida rooms, $~creen rooms and wood decks may be erected if at all point~ the Florida room, screen room or wood deck is ~ at least eight (8) feet from any ~ and side lot lines~ at least five (5) feet from any rear lot line, and at least ten (10) feet from any front lot line and does ~ not extend beyond the front of the recreational vehicle or travel trailer. To accommodate the placement of additions on one side of the vehicle, a recreational vehicle or travel trailer may be positioned on the opposite side lot line. However, no portion of the vehicle, including but not limited to tipouts or awninqs, may extend beyond that line. A recreational vehicle or travel trailer with or without additions must be at least ten (10) feet from any front lot line and five (5) feet from any rear lot line. No portion of the vehicle, including but not limited to tipouts or awnings may encroach into the required setback. Steps may be erected, but may not encroach into any required setback except that steps constructed at the front and back of the vehicle may encroach into a required setback if necessary. However, steps constructed at the front and back of the vehicle which encroach into a required setback may not have a landing with dimensions in excess of four (4) feet by four (4) feet. This dimensional limitation shall not apply to steps which do not encroach into a required setback. Park. The elevation of Struck ~..~,.~ passages are deleted. added. -3- Underlined passages are ^o i5 6 ~O0~U~ a wood deck shall not exceed the elevation of the floor of the recreational vehicle or travel trailer. The design of the wooden deck may include provision for use of the underlying space as a storage area. However, this space shall not be used for the storage of combustible materials nor for the storage or placement of flammable liquids, gases, or liquid or gas fuel- powered equipment. (iii) windows, snap-ins, snap-ohs, or roll-down wind-breaks~ ohull bo~.'l~.~d. No glass or plexiglass windows_7 or glass or plexiglass kick panel~ shall be permitted in Florida rooms or screen rooms. One end of a Florida room or screen room, not to exceed six (6) feet in width, may be enclosed for storag~ PurPoses. (iv) Florida rooms and S~creen rooms must be securely attached to the recreational vehicle or travel trailer, must meet applicable Standard Building Code requirements, and must be removed when the vehicle ~ is moved from the lot. No free-standing Florida room or screen room shall be permitted. (v) No Florida room, screen room, wood deck, or new roof shall be erected unless a permit has been obtained from the Community ~ .... ~-- -~- ~-~- Director Development ~ (vi) Plans for Florida rooms, screen rooms, wood decks, and new roofs shall be submitted to the Community County Development Director AA-- ~ ..... ~____ for approval Plans must carry the seal of a registered Florida architect or engineer and must be accompanied by an affidavit from the architect or engineer stating that the structure meets or exceeds Standard Building Code Requirements. Preapproved Master Plans may be utilized. Struck through passages are deleted. added. -4- Underlined passages are ^o i50.7 BOOKUO~ (vii) (viii) The space between tipouts may be enclosed provided that the addition does not encroach into any required setback and there is at least one exterior opening directly to the outside without passing through the vehicle. If two (2) doors or an emergency exit window of the vehicle are enclosed, an additional exterior door shall be installed. The exterior door shall not be less than twenty- eight (28) inches in width and six (6) feet two (2) inches in height. A permit must be obtained from the Community Development Director prior to enclosure of the space between tipouts. Upon obtaining a permit from the Community Development Director, an existing roof may be replaced or a second roof may be erected above the existing roof. Alteration of the contour of the roof is permissible at this time. In addition, the new roof may be extended to form the roof of a screen room on one side of the vehicle. However, no other structures may be attached to the new roof. If a roof is erected above an existing roof there shall be a clearance of not less than eighteen (18) inches in a vertical direction above the top of any fuel burning appliance vent or plumbing vent extending through the roof and not less than six (6) inches in a horizontal direction from each side of the recreational vehicle or travel trailer. A ventilating opening shall be installed at the highest point in a roof erected above an existing roof to relieve products of combustion from vents or ducts of fuel burning equipment. openings shall have a minimum Vent cross- sectional area of twenty-eight square inches. Chimneys or vents of appliances burning solid or liquid fuel shall extend through the surface of the roof erected over the original roof and terminate in an approved roof jack and cap. Ail other venting shall extend through the surface of the roof erected over the original roof. (ix) Ail construction, electrical, plumbing, and gas installation work must be performed by a contractor holding a St. Lucie County Struck through passages are deleted. added. --5-- Underlined passages are 634 t~OOK certificate of competencv or State of Florida certificate or the permit for such work must be obtained pursuant to the provisions for owner/builders in Section 489.103(7), Florida Statutes. (x) Construction of an enclosure around propane gas tank or other combustible utility equipment is prohibited. (b) An addition in existence on the effective date of this ordinance which does not meet the requirements established in this section shall be deemed a nonconforminq structure and shall be subject to the provisions of Section 3.2.902(3). However, existing additions which Dose a threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Firesafety Criteria for Mobile Home Installations, Sites, and Communities, NFPA 501A- 1982, as applicable, must be brought into compliance or removed. The decision of the Fire Marshal may be appealed to the Board of Construction and Appeal. PART B. AMENDMENT OF SECTION 3.3.122 HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) Section 3.3.122(15) is hereby amended to read as follows: (15) ~ Additions to Recreational Vehicles, Mobi 1 ~, Homes, and Travel Trailers (a) Notwithstanding any other provision of this section, any mobile home~ or e~y recreational vehicle~ or travel trailer park space located in this district shall be considered an existing conditional use under Section 5.4.650 if and only if: (i) the mobile home has been erected and occupied, or the recreational vehicle or travel trailer park space constructed and used, prior to the effective date of this Ordinance; and 634 ,^-15C9 BOOK Struck ~,,~,,~ passages are deleted. added. -6- Underlined passages are (b) (c) (ii) the mobile home, or recreational vehicle o_~r travel trailer park space was a fully conforming use on the effective date of this Ordinance. No addition to -~ ...... ~It~.~t .... of an ex ~ shall be permitted unless the addition ...... ~ or ~It~.~t .... shall meet~ all requirements of the RMH 5 District ~ ~ - -A~ ~'~ ~-~ ~- ~ ..... ~ ~-~ ~ ~ ~ t i h I No addition to an existinq recreational vehicle or travel trailer shall be permitted unless the addition meets all requirements of the RVP District. Provided, however, that in recreational vehicle or condominium travel trailer subdivisions additions to recreational vehicles and travel trailers shall be permitted subject to the following requirements: (i) Florida rooms, $~creen rooms and wood decks may be erected if at all points the Florida room, screen room or wood deck is ~ at least eight (8) feet from any ~ ~ side lot lines~ at least five (5) feet from any rear lot line, and at least ten (10) feet from any front lot line and does she{-~ not extend beyond the front of the recreational vehicle or travel trailer. To accommodate the placement of additions on one side of the vehicle, a recreational vehicle or travel trailer may be positioned on the opposite side lot line. However, no portion of the vehicle, including but not limited to tipouts or awnings, may extend beyond that line. A recreational vehicle or travel trailer with or without additions must be at least ten (10) feet from any front lot line and five (5) feet from any rear lot line. No portion of the vehicle, including but not limited to tipouts or awnings may encroach into the required setback. Steps may be erected, but may not encroach into any required setback except that steps constructed at the front and back of the vehicle may encroach into a required setback if necessary. However, steps constructed at the front and back of BOGKU~ Struck through passages are deleted. added. -7- Underlined passages are the vehicle which encroach into a required setback may not have a landing with dimensions in excess of four (4) feet by four (4) feet. This dimensional limitation shall not apply to steps which do not encroach into a required setback. (ii) ":-" ~ -~-- ~ "- "-' -d ...... h3r¢inaftcr ..... ;~-~ -~-~ ~ ..... ~-~ -- ~--- lot In a ~-- ~-.' -.' ..... --"- T--: I-- °"~" ...' -4 -- The elevation of a wood deck shall not exceed the elevation of the floor of the recreational vehicle or travel trailer. The design of the wood deck may include provision for use of the underlying space as a storage area. However, this space shall not be used for the storage of combustible materials nor for the storage or placement of flammable liquids, gases, or liquid or gas fuel-powered equipment. (iii) ThG wall GnclosurG~-= screen rooms shall ,not windows, snap-ins, snap-ons, or roll-down wind-breaks~-oh=fl- ~A~. ~ll~..d- ~-'- . ..~'- glass or plexiglass windows~ or glass or plexiglass kick panel~ shall be permitted in Florida rooms or screen rooms. One end of a Florida room or screen room, not to exceed six (6) feet in width, may be enclosed for storag~ purposes. (iv) Florida rooms and $~creen rooms must be securely attached to the recreational vehicle or travel trailer, must meet applicable Standard Building Code requirements, and must be removed when the vehicle ~ is moved from the lot. No free-standing Florida room or screen room shall be permitted. (v) No Florida room, screen room~ wood deck or new roof shall be erected unless a permit has been obtained from the Community County lop t ~-- ~ ~ ~ Deve men ~ ~ .... Director . 634 ^ 1511 Struck ~ ..... ~ passages are deleted added. --8-- Underlined passages are (vi) Plans for Florida rooms, screen rooms, wood decks, and new roofs shall be submitted to the Community~ .... ~--~ Development Director ............. Offic~ for approval. Plans must carry the seal of a registered Florida architect or engineer and must be accompanied by an affidavit from the architect or engineer stating that the structure meets or exceeds Standard Building Code requirements unless the screen room is of usual or normal design as determined by the Building Official. Preapproved Master Plans may be utilized. (vii) The space between tipouts may be enclosed provided that the addition does not encroach into any required setback and there is at least one exterior opening directly to the outside without passing through the vehicle. If two (2) doors or an emerqency exit window of the vehicle are enclosed, an additional exterior door shall be installed. The exterior door shall not be less than twenty- eight (28) inches in width and six (6) feet two (2) inches in height. A permit must be obtained from the Community Development Director prior to enclosure of the space between tipouts. (viii) Upon obtaining a permit from the Community Development Director, an existinq roof may be replaced or a second roof may be erected above the existing roof. Alteration of the contour of the roof is permissible at this time. In addition, the new roof may be extended to form the roof of a screen room on one side of the vehicle. However, no other structures may be attached to the new roof. If a roof is erected above an existing roof there shall be a clearance of not less than eiqhteen (18) inches in a vertical direction above the top of any fuel burning appliance vent or plumbing yen% extending through the roof and not less than six (6) inches in a horizontal direction from each side of the recreational vehicle or travel trailer. A ventilating opening shall be installed at the highest point in a roof erected above an existing roof to relieve products of combustion from vents or ducts of fuel burning equipment. Ven% ^ i5i2 BOOK o~"~ Struck through passages are deleted. added. -9- Underlined passages are (d) openings shall have a minimum cross- sectional area of twenty-eight square inches. Chimneys or vents of appliances burning solid or liquid fuel shall extend through the surface of the roof erected over the original roof and terminate in an approved roof jack and cap. Ail other venting shall extend through the surface of the roof erected over the original roof. (ix) Ail construction, electrical, plumbing, and gas installation work must be performed by a contractor holding a St. Lucie County certificate of competency or State of Florida certificate or the permit for such work must be obtained pursuant to the provisions for owner/builders in Section 489.103(7), Florida Statutes. (x) Construction of an enclosure around a propane gas tank or other combustibl~ utility equipment is prohibited. An addition in existence on the effective date of this ordinance which does not meet the requirement established in this section shall be deemed a nonconforming structure and shall be subject to the provisions of Section 3.2.902(3). However, existing additions which pose a threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Firesafety Criteria for Mobile Home Installations, Sites, and Communities, NFPA 501A- 1982, as applicable, must be brought into compliance or removed. The decision of the Fire Marshal may be appealed to the Board of Construction and Appeal. Struck ~ ..... ~ passages are deleted added. -10- ~OOK Underlined passages are 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. 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 E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on May 1, 1989. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Struck ~,.~..~ passages are deleted. added. -11- Aye 500K Underlined passages are Vice-Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Jim Minix Aye Commissioner Jack Krieger Absent PART H. 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 re,umbered or relettered to accomplish such intention; provided, .hOwever, that Parts C through H shall not be codified~.'!!.~ ...~"~. /' .~ASSED AND DULY ADOPTED this 18th day of BOARD OF COUNTY:COMMISSIONERS ST. LUCIE'~-~OUNT~;"FLORIDA '~ APPROVED AS TO FORM AND CORRECTNESS: BOVK Struck through passages are deleted. added. -12- Underlined passages are ORDINANCE NO. 89-10 AN ORDINANCE AMENDING SECTION 3.2.900 (SUPPLEMENTAL REGULATIONS) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) BY ADDING SECTION 3.2.911 PROVIDING THAT RIGHT OF WAY THAT IS CONVEYED OR DEDICATED BY DONATION TO THE COUNTY OR THE STATE OF FLORIDA MAY BE INCLUDED IN DENSITY DETERMINATIONS WHEN THE PARCEL FROM WHICH THE LAND AREA WAS DEDICATED IS PROPOSED FOR DEVELOPMENT; PROVIDING THAT RIGHT OF WAY THAT IS DONATED OR PURCHASED SHALL BE INCLUDED IN LOT SIZE DETERMINATIONS WHEN THE CONVEYANCE WOULD RENDER REMAINING PROPERTY NON- CONFORMING AS TO LOT SIZE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Article III, 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. In order to address the potential adverse impact of inadequate lot sizes brought about as a result of a public taking, it is necessary to amend Section 3.2.900 (Supplemental Regulations) of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) by adding Section 3.2.911 providing that right of way that is donated or purchased may be included in lot size and density determinations when the parcel from which the land area was dedicated is proposed for development. ~°~" ~,,~,~ passages are deleted. added. --1-- Underlined passages are 3. On February 23, 1989, the St. Lucie County Planning and Zoning Commission held a public hearing, due notice of which had been published at least thirty (30) days in advance, to consider amending the text of the St. Lucie County Zoning Ordinance, as set out in this Ordinance at which time the ordinance was continued until March 23, 1989. 4. On March 23, 1989, the St. Lucie County Planning and Zoning Commission held a public hearing, due notice of which had been published at least thirty (30) days in advance, to consider amending the text of the St. Lucie County Zoning Ordinance, as set out in this Ordinance. 5. The St. Lucie County Planning and Zoning Commission recommended that the Board approve the proposed ordinance with certain amendments. 6. On April 25, 1989, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice of that hearing in the Fort Pierce News Tribune on April 4, 1989. 7. This Board believes that passage of the proposed zoning text amendment is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 3.2.900. SUPPLEMENTAL REGULATIONS. Section 3.2.900 (Supplemental Regulations) of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code ...... ~.. passages are deleted. added. -2- Underlined passages are 634 500K of Ordinances) is hereby amended by adding Section 3.2.911 to read as follows: Section 3.2.911. Effect of Right of Way Donations and Purchases on Lot Size and Density Determinations. Ail land area requested by the County or the State of Florida for street or road right-of-way and other related public purposes and conveyed or dedicated by donation to the County or the State, and accepted by the County or the State, after December 1, 1988, may be included in acreaqe calculations for the purpose of density determination when the parcel from which the land area was dedicated is proposed for development. All land area requested by the County or the State of Florida for stree~ or road right-of-way and other related public purposes and conveyed by donation or purchase to the County or the State, and accepted by the County or the State after December 1, 1988, shall be included in acreage calculations for the purpose of lot sizn determination only if the conveyance would render the remaining property non-conforming as to lot size. The land area conveyed to the County or the State shall not be used to satisfy setbacR requirements or any other specific land use regulation. 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. Struck ~ ...... ...... ~.. passages are deleted. added. -3- Underlined passages are ~OOK Commissioner Jack Krieger ABSENT PART G. 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, provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 25th day of April, ATTEST: BOARD OF COUNTY ST. LUCIE COUNTY BY' APPROVED AS TO FORM AND -..CORRECTNESS: /~ ' COUNTY ATTO~EY '89 ,/~Y -3 P 2:17 FiLE~3. .../';,',,~n_. ~.-r, ORDEDC'~ LIOUGLAS iTt?<ON CLERt'( ST. LUC!t; COUNTY, FI. 500K Struck ~ ..... ~ ...... ~,. passages are deleted. added. -5- Underlined passages are 9644'82 ORDINANCE NO. 89-11 (Formerly No. 88-78) AN ORDINANCE AMENDING CHAPTER 1-10 "HEALTH AND SANITATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DEFINITIONS; PROHIBITING THE ISSUANCE OF A BUILDING PERMIT UNTIL PROOF OF ADEQUATE SEWAGE DISPOSAL CAPACITY IS SHOWN; PROVIDING FOR METHOD OF OBTAINING APPROVAL; PROHIBITING THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY UNTIL ADEQUATE SEWER CAPACITY IS AVAILABLE; PROVIDING FOR CONFLICTING PROVISION; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE, PENALTIES, CODIFICATION AND ADOPTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has found and determined that the health, welfare and safety of the citizens and residents of St. Lucie County, Florida, are not being adequately protected in the issuance of building permits and certificates of occupancy, in that certain structures may be erected in circumstances in which there is no firm assurance to the public at large or purchasers of units within the structure that such buildings will be connected to a central sewage disposal system or on-site treatment facility, and WHEREAS, it is in the public interest to prevent construction of buildings or structures which after completion may not be habitable due to the failure of the builder to properly provide for disposal of sewage wastes, and WHEREAS, it is necessary for the protection of the health, welfare and safety of the residents and citizens of St. Lucie -1- Struck ~ ..... ~ passages are deleted added. Underlined passages are 979 County to insure safe, adequate and proper disposal of sewage wastes, and WHEREAS, the proliferation of buildings or structures without adequate assurance that provisions have been made for the disposal of sewage wastes will work to the detriment of the health, safety and welfare of the citizens and residents of St. Lucie County, Florida; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida that: PART A. ARTICLE III "SEWAGE DISPOSAL CAPACITY" OF CHAPTER 1-10 "HEALTH AND SANITATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY; FLORIDA IS CREATED TO READ: Section 1-10-31. Definitions. A. Structure. Any building in which plumbing fixtures ar~ installed except those for which septic tanks are permitted by applicable state law. B. Central Sewage Disposal System. A system operated by a governmental agency or private operator, which agency or operator has authority to serve the lands upon which the structure is to be located. C. Developer. Any person, persons, partnership, firm, corporation or cooperative enterprise undertaking or participatinq in the development of land or the construction of buildings. Section 1-10-32. Prohibitinq Issuance of a Buildinq Permit Until Proof of Adequate Sewage Disposal Capacity is Shown -2- °~ .... "through passages are deleted. added. Underlined passages are 80OK After the effective date of this Ordinance no building permit shall be issued for any structure in which plumbing fixtures are installed reGuiring the use of an on-site treatment facility or central sewage disposal system unless the developer has provided satisfactory evidence of sewage disposal capacity as set out in Section 1-10-33. Section 1-10-33. Method of Obtaining Approval A. In cases where the structure will be required to connect or is proposed to connect to a central sewage disposal system the developer shall, as part of the building permit application, show connection to such system on the plans and shall furnish to the Building Official a copy of the DER construction permit for connection of the structure to the central sewage disposal system. B. In cases where the structure must be served by an on- site treatment facility, the developer shall, as part of th~ building permit application, submit to the Building Official a copy of the DER construction permit for said on-site treatment facility, or such other approved construction permit as may be applicable. C. The Building Official shall not issue a building permit unless the developer has provided written approval letters or permits as set out in subparagraphs A and B above. Section 1-10-34. Prohibiting the Issuance of a Certificate of Occupancy Until AdeGuate Sewer Capacity is Available. ~~ ~**~u~** passages are added. -3- deleted. Underlined passages are 655 981 BOOK After the effective date of this 0rdinance no certificate of occupancy shall be issued for any structure in which plumbing fixtures are installed requiring the use of an on-site treatment facility or central sewage disposal system if adequate sewer capacity is not available to serve the structure. 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. 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. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated areas of St. Lucie County. ~~ ~,,~,, passages are added. -4- deleted. Underlined passages are 982 500K u~,,.~ PACE PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on April 15, 1989. PART G. PENALTIES. Violation of this ordinance is a misdemeanor pursuant to Section 125.69, Florida Statutes, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to S500.00, or both such imprisonment and fine. PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the Word "ordinance" may be changed to "section," "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to I shall not be codified. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner ABSENT Struck =~ ..... ~ passages are added. -5- deleted. Underlined passages are Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE DULY PASSED AND ADOPTED THIS ATTEST:' llTH DAY OF APRIL, 1989. BOARD OF COUNTY C~.I~MTSSIONERS ST. LUCIE COUNTY~')~I~ORIDA APPROVED AS TO FORM AND C~RR~TNESS: 9644S2 '89 ~Y-5 A9:52 UOUGL. A~ ~ x:ON C[_ER~'~ ST. Struck through passages are added. -6- deleted. Underlined passages are 6,25 §84 94?395 ORDINANCE NO. 89-12 AN ORDINANCE AMENDING SECTION 1-20-3(a) OF ARTICLE I OF CHAPTER 1-20 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING THE WEIGHT LIMIT ON SEAGER AVENUE BY ELIMINATING THE WEIGHT LIMIT RESTRICTION FROM OLEANDER AVENUE TO U. S. HIGHWAY 1; THEREBY ESTABLISHING THE POSTING OF A WEIGHT LIMIT ON SEAGER AVENUE FROM CITRUS AVENUE EAST TO OLEANDER AVENUE OF NO MORE THAN SIX THOUSAND POUNDS, EXCLUDING MOTOR HOMES OR RECREATIONAL VEHICLES, DELIVERY VEHICLES, AND SCHOOL BUSES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 316.555, Florida Statutes, provides that the Board may prescribe weight limits lower than the limits prescribed in Chapter 316, Florida Statutes, whenever in its judgment, any road or part thereof shall, by reason of its design, deterioration, or other climatic or natural causes be liable to be damaged or destroyed by motor vehicles if the gross weight thereof shall exceed the limits established by the Board of County Commissioners. 2. On April 19, 1988, the Board of County Commissioners adopted Ordinance No. 88-43 which established the posting of a weight limit on Citrus Avenue from Midway Road South to its intersection with Seager Avenue, and further established the posting of a weight limit on Seager Avenue East of Citrus Avenue Struck through passages are deleted. added. -1- Underlined passages are "' 6;8 730 to U. S. Highway 1 of no more than six thousand pounds; excluding motor homes or recreational vehicles, delivery vehicles, and school buses. 3. Since the adoption of Ordinance No. 88-43 it has been determined that the weight limit on Seager Avenue should be changed to eliminate the weight limit restriction from Oleander Avenue to U. S. Highway 1. 4. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida, to amend the weight limit on Seager Avenue by eliminating the weight limit restriction from Oleander Avenue to U. S. Highway 1; thereby establishing the posting of a weight limit on Seager Avenue from Citrus Avenue East to Oleander Avenue of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-3(a) OF ARTICLE I OF CHAPTER 1- 20. Section 1-20-3(a) of Article I of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-3. Truck weight limits established for certain roads. (a) Ail trucks having a weight in excess of the indicated weight are prohibited on the following roads or indicated portions thereof: Struck ~..~,,~ passages are deleted. added. --2-- Underlined passages are 731 BOOK UA~ PAGE "Beach Avenue", south and east of Oleander, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Carlton Road Extension", from the north line of Section 34, Township 36 South, Range 38 East, south to its intersection with Glades Cut-Off Road in the county, thirty-six (36) tons excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Citrus Avenue", from Midway Road South to its intersection with Seager Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Citrus Park", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Coral Way", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Deland Avenue", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Ft. Pierce Boulevard", from Indrio Road to Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Juanita Avenue and Whispering Ct.", Bridge Number 940040, thirty-ton limit to be posted. "Keen Road & Belcher Canal", Bridge Number 940036;, eleven- ton limit to be posted. "Kings Highway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Kirby Loop & 5 Mile Creek", Bridge Number 940067, ten-ton limit to be posted. Struck through passages are deleted. added. --3-- Underlined passages are 624 732 "Lakeland Boulevard", at Emerson Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Marina Drive", truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "MCCarty Road and 10 Mile Creek", Bridge Number 940031, twelve-ton limit to be posted. "MCCarty Road and 11 Mile Creek", Bridge Number 940030, twelve-ton limit to be posted. "North 37th Street", from Avenue D to Avenue C, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "North 39th Street", from Avenue D to Orange Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "North Jenkins Road Bridge", over Canal No. 44, eight (8) tons per vehicle; twelve (12) tons per semi-trailer combination; sixteen (16) tons per truck and full trailer. "Oleander Avenue", from Virginia Avenue to Edwards Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Oleander Avenue", South of Midway Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Palomar Parkway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Peterson Road Bridge", located between Sections 7 and 18, Township 35 South, Range 40 East (over North St. Lucie River Water Management District Canal 29) in the county, eight (8) tons. Struck through passages are deleted. added. --4-- Underlined passages are "Peterson Road Bridge", over 5 Mile Creek, zero (0) tons. "Prima Vista Boulevard", from Floresta Drive West, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles· delivery vehicles, and school buses. "Riomar Drive", from Prima Vista Boulevard to U. S. 1 (S.R. 5), truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles· delivery vehicles· and school buses. "Rose Lane", in the county, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Seager Avenue", E~t ~ C~t~o S from Citrus Avenue East to Oleander Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles· delivery vehicles· and school buses. "Seneca Avenue" truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles· and school buses. "Shinn Road & Canal 71", Bridge Number 940027, eleven-ton limit to be posted. "South Indian River Drive", from Orange Avenue to Seaway Drive, and from Citrus Avenue to the South St. Lucie County Line, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles· delivery vehicles, and school buses. "Sunrise Boulevard", between Edwards Road and Bell Avenue, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "Taylor Dairy and Belcher Canal", Bridge Number 940041, twelve-ton limit to be posted. "Taylor Dairy and Canal No. 1", Bridge Number 940043, ten- ton limit to be posted. Struck through passages are deleted. added. --5-- Underlined passages are "Winter Garden Parkway", at Feeder Road, truck traffic limited to vehicles with an empty weight of no more than six thousand (6,000) pounds, excluding motor homes or recreational vehicles, delivery vehicles, and school buses. "53rd Street & Belcher Canal", Bridge Number 940068, eleven- ton limit to be posted. (b) Notice of the establishment of such weight limits shall be posted at the intersections on such roads. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances, and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART 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. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. 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. Struck through passages are deleted. Underlined passages are added. ~-~ ~ -6- BOO~U~ ~GE 7S5 PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Jim Minix Aye Commissioner Jack Krieger Absent 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 B through G shall not be codified. PASSED AND DULY ENACTED this 7th day of February, 1989. ~°~" =~,,~v=~,,~ passages are deleted. added. --7-- Underlined passages are ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND COUN~~NEY 947395 '8? FE~ 17 ~8:03 737 ~°~" =~,,~,,~ passages are deleted. added. --8-- Underlined passages are 9644'S3 ORDINANCE NO. 89-13 (formerly No. 88-27) AN ORDINANCE AMENDING APPENDIX A "ZONING REGULATIONS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY AMENDING SECTION 5.1.300 (SITE PLAN REVIEW) BY ADDING A NEW PARAGRAPH (10) CONCERNING PAVING REQUIREMENTS FOR DEVELOPMENTS REQUIRING SITE PLAN APPROVAL WHICH UTILIZE OR ABUT UNPAVED PUBLIC OR PRIVATE ROADS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(h) Florida Statutes (1987) authorizes this Board to establish zoning and such business regulations as are necessary for the protection of the public. 2. It is necessary and in the best interest of the health, safety, and welfare of the residents of St. Lucie County to amend Chapter 5.1.300 "Site Plan Review of the St. Lucie County Zoning Ordinance" in the Code of Ordinances of St. Lucie County, Florida, to provide for certain road paving requirements for developments required to undergo site plan review. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: PART A. SECTION 5.1.300 OF APPENDIX A "ST LUCIE COUNTY ZONING ORDINANCE" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED AS FOLLOWS: Section 5.1.300. (10) Paving Requirements for Roads that Access Developments Requiring Site Plan Approval. Struck through passages are deleted. added. --1-- Underlined passages are 6.35 5GOK (a) Paved road requirements for developments requiring sits plan approval which utilize unpaved public or private roads for access. The following paving requirements shall apply to developments requiring site plan approval which utilize unpaved public or private roads and roadways for access: (1) Access roads. (2) (3) Provisions for the paving of unpaved roads that access the development shall be required as specified below under general requirements. County road design and construction standard specifications shall apply to all paving improvements. Waiver. Paving requirements and provisions shall be waived by the Board of County Commissioners, following a public hearing, if the Board determines (1) that the road paving is not essential to provide adequate access to the proposed development and through the surrounding area or (2) that the road will be paved as part of the County's five (5) year road program or an approved municipal service taxinq or benefit unit or (3) that the access road does not have adequate right of way in which to construct the necessary paving improvements in accordance with County standards. If pavinq requirements are waived, the Board may attach conditions deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment by the developer of the development's fair share of paving costs for the unpaved public or private road providinq access to the development prior to issuance of final site plan approval pursuant to the procedures set out in Section 5.1.300(a)(4)a.i. Scenic and historic roads. Pavinq requirements and provisions for developments utilizing unpaved scenic or historic routes, as designated by the Board of County Commissioners, shall be addressed on a case-by-case basis. The requirements specified below under general requirements shall apply. Paving requirements and provisions shall be waived by the Board of County Commissioners if the Board determines: ~°~,~'- through passages are deleted. added. 2 Underlined passages are 635 986 [~OOK (4) a. That the scenic or historic value or significance of the road would be adversely impacted by road paving. be That road paving is not essential to provide adequate access to the particular development and through the surrounding area, and c. That the preservation of scenic or historic values outweighs the impacts of permitting a particular use to develop without paved access. If paving requirements are waived, the Board may attach any conditions deemed necessary to minimize impacts on the road and surrounding area. General requirements. Pavinq requirements are established to ensure that road improvements are provided to adequately serve the development. County road design and construction standards shall apply to all paving improvements. A mixture of residential and nonresidential traffic shall be avoided where possible. Persons applying for sitm plan approval for developments utilizing access roads shall, as part of their application, includm the appropriate provision for paving, as specified below. The County Engineer shall determine the estimated average daily traffic of the development in accordance with accepted standards and good traffic engineering practice. a. Small traffic attractors/generators. Developments determined to be small traffic attractors/generators, defined as developments generating less than one hundred (100) average daily trips, shall provide for road paving as follows: Access road frontage: For the paving of a road(s) accessing the development, the applicant shall submit funds in the amount of the development's fair share of paving costs as determined by the Board of County Commissioners prior to the issuance of final site plan approval. The fair share contribution shall be determined and prorated according to front footage or by Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are §35 BOOK such other lawful and equitable method as the Board may prescribe. Said funds shall be held by the county for a period not to exceed ten (10) years to be used for the paving of the road(s) accessing the development. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the feepayer, be returned to him with interest at the rate of six (6%) percent per annum. The road segment to be funded and later paved shall include all of the development's frontage on the road. Any required submission of escrow funds shall include an escrow aqreement acceptable to the County Attorney. Such agreement shall include provisions necessary to accomplish and facilitate future road paving. ii. Pavinq option: In lieu of submitting funds for paving under (4)a.i. above, the developer may propose to pave or arranqe for paving the development's access road frontage notwithstanding requirements for roads designated on the Thoroughfare Plan, if such paving would connect to a paved public road. If such a paving option is utilized, no final site plan approval shall be issued for all or any portion of the development until all paving has been completed, and improvements are inspected and approved by the county. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of 115% of the estimated cost of providing the paving improvement at the time of final site plan approval. The County Engineer shall approve the amount of security to be furnished. iii. Multiphase projects: For purposes of determining if a multiphase development is a small traffic attractor/generator, the total number of project trips shall be compared to the small traffic project definition criteria. °~ .... " ~ ..... ~ deleted .......... ~ passages are . added. --4-- Underlined passages are 635 500K iv. Cumulative effect: No final site plan approval shall be issued for any development utilizing access on an unpaved public or private road that exceeds two hundred (200) average daily trips as determined by the County Engineer until the road accessing the development is paved from the development's access point(s) to a paved public road. For the purpose of this ordinance and determination of this cumulative effect, all access roads in the unincorporated County are assumed to have a zero (0) average daily trip count as of the effective date of the ordinance. Provisions specified below under 4(b)ii and iii shall apply. The County Engineer's decision may be appealed to the Board of County Commissioners. In considering the cumulative effect of small traffic attracting/generating developments on a road(s) or on an area, the Board of County Commissioners may determine the need for a municipal service taxing or benefit unit or assessment for road paving purposes in developed or developing areas, and may impose such an assessment. Large traffic attractors/generators. Developments determined to be larger traffic attractors/generators, defined as developments generating one hundred (100) or more average daily trips, shall provide for road paving as follows: Access road frontage to access point(s): The unpaved public or private road accessing the development shall be paved from the development's access point(s) to a paved public road. The design of the connection shall be in accordance with county design standards. Said paving shall be completed, and improvements inspected and approved by the county, prior to the issuance of final site plan approval. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount Struck ~ ..... ~ passages are deleted added. --5-- Underlined passages are of 115% of the estimated cost of providing the paving improvement at the time of final site plan approval. The County Engineer shall approve the amount of security to be furnished. ii. In considering the effect of large traffic attracting/generating developments on a road(s) or on an area, the Board of County Commissioners may enter into a development agreement with the developer pursuant to Section 163.3220, et seq., Florida Statutes to ensure the refund of monies expended by the developer on the paving of the unpaved access road pursuant to 4(b)(iv), above the developer's fair share contribution as monies are made available by other development that uses the unpaved road as access to a paved public road. The Board may also create a municipal service taxing or benefit unit or assessment for road paving purposes in developed or developing areas, and may impose such an assessment. iii. Remaining access road frontage: For the paving of portions of a development's access road frontage not covered in the above paving requirement 4(b)i, the developer shall submit funds in the amount of the development's fair share of paving costs prior to the issuance of final site plan approval. Said funds shall be held by the county for a period not to exceed ten (10) years to be used for the paving of the road accessing the development. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the feepayer, be returned to him with interest at the rate of six (6%) percent per annum. The road segment to be funded and later paved shall include all of the developments' frontage on the road. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Such agreement shall include provisions necessary to accomplish and facilitate future road paving. °= .... '- ~ ..... ~ deleted ~~ ~**~u~.. passages are . added. --6-- Underlined passages are 635 990 BO0~ iv. Paving option: In lieu of submitting funds for paving specified under (4)b.iii. above, the developer may propose to pave or arrange for paving the developments' remaining access road frontage, notwithstanding requirements for roads designated on the Thoroughfare Plan, if such paving connects to a paved public road. If such a paving option is utilized, no final site plan approval shall be issued for all. or any portion of the development until said paving is completed, and improvements are inspected and approved by the county. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of 115% of the estimated cost of providing the paving improvements at the time of final site plan approval. The County Engineer shall approve the amount of security to be furnished. 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. ~°~'- ~.,~u~..~ passages are deleted. added. --7-- Underlined passages are oo 635 991 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 Administrative Code and 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 Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper ABSENT Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jim Minix AYE Commissioner Jack Krieger ABSENT 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 B through G shall not be codified. Struck ~,,~,,~ passages are deleted. added. 8 Underlined passages are 635 992 BO6~( PASSED AND DULY ADOPTED this 25TH day of APRIL, 1989. BOARD OF COUNTY CO~IONERS ST. LUCIE COUNTY ,' ~iDA APPROVED AS TO FORM '89 M~Y-5 A9:55 Struck ~ ..... ~ passages are deleted. added. --9-- Underlined passages are °~ 635 ~^~ 993 953417 0RDIN/LNCE NO. 89-19 AN ORDINANCE AMENDING CHAPTER 1-5, ARTICLE IX, "DRIVEWAY PERMITS", OF THE ORDINANCES AND COMPLIED LAWS OF THE ST. LUCIE COUNTY CODE, BY AMENDING SECTION 1-5-88, "VARIANCES" TO DELETE THE REQUIREMENT FOR THE BOARD OF COUNTY COMMISSIONERS TO HOLD A PUBLIC HEARING ON AN APPEAL OF A DENIAL BY THE COUNTY ENGINEER OF A REQUEST FOR A VARIANCE IN A DRIVEWAY PERMIT; FURTHER AMENDING SECTION 1- 5-88 TO REQUIRE THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER SUCH AN APPEAL WITHIN A REASONABLE TIME AFTER A NOTICE OF APPEAL IS FILED; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Ordinance No. 87-13, adopted by the Board of County Commissioners on February 24, 1987, and codified as Chapter 1-5, Article IX, "Driveway Permits", Code of Ordinances and Complied Laws of St. Lucie County, Florida, established standards, requirements and procedures for granting driveway permits and variances. 2. Section 1-5-88, "Variance" established procedures and criteria by the County Engineer to follow in considering a request for variance from dimensional requirements for a driveway. Section 1-5-88 also provides for the Board of County Commissioners to hold a public hearing, without formal advertising and notice, to consider any appeal of a denial for a variance. Struck through passages are deleted. added. -1- 628 268 BO0~ Underlined passages are 3. It is both misleading and inappropriate for the Board of County Commissioners to conduct a "public hearing" which does not require prior advertisement and notice to affected parties. The purpose and intent of the variance appeal process would be better served by deleting from Section 1-5-85 the reference to a "public hearing" and amending the section to provide that the Board of County Commissioners will consider the appeal within a reasonable time from the date the notice of appeal is filed. 4. Section 1-5-85 should also be amended to correct a surveyor's error. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-5-85, VARIANCES. Section 1-5-85, "Variances", of the Code of Ordinances and Complied Laws of St. Lucie County, Florida, is hereby amended to read as follows: Sec. 1-5-88. Variances. (1) The county engineer may approve variances from any dimensional requirement, provided that no variance shall permit a dimension less than eighty (80) per cent of that required by this article, except that in the case of a lot of record and upon demonstration that no other road frontage or road access exists, a variance permitting one driveway for such lot may be granted. (2) The county engineer shall not approve a variance except upon specific written findings of fact based directly .upon the particular facts submitted to him showing that: ~ ....~" ~,.~..~ passages are deleted. Underlined passages are added. --2-- (a) A literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by similar properties; (b) The granting of the variance will not be detrimental of injurious to surrounding properties, will not substantially increase traffic congestion and will not endanger the public safety; (c) The variance is the minimum variance that will make possible the reasonable use of the land, building, and structures; and, (d) The variance requested arises from a condition that is unique and peculiar to the land involved and that is created by this article and not by the actions of the property owner. (3) An appeal may be initiated by any person aggrieved by a decision of the county engineer. (a) A notice of appeal must be filed with the board of county commissioners and the county engineer within ten (10) days after rendition of such decision. (b) The filing of such notice will require the county engineer to forward to the board of county commissioners any and all records concerning the appeal. (c) The board of county commissioners shall ~ ~ .... c h~arlng consider the appeal at a regularly scheduled meeting within a reasonable time after a notice of appeal is filed m~.' .... ~.._ ~___,.__ -~--" ..... ~.-~..~-~. The board may reverse, affirm or modify the decision subject to the requirements of subsection ' ~ ~ ~, (2). 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. Struck ~..~w..~ passages are deleted. added. -3- Underlined passages are 62,8 270 BOOK PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART D. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County's jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Struck ~..~..~ passages are deleted. added. --4-- AYE AYE AYE Underlined passages are 628 Commissioner Jack Krieger ABSENT Commissioner Jim Minix AYE PART H. 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 H shall not be codified. PASSED AND DULY ADOPTED this 28th day of FEBRUARY, 1989. ATTEST: - BOARD OF COUNTY COMMISSZON~!' .~, ST. LUCIE COUNTY, FL .... APPROVED AS TO FORM AND CORRECTNESS: ;% a.~,-. CO~'~ ATTORNEY 953417 Struck through passages are deleted. added. --5-- Underlined passages are 955316 ORDINANCE NO. 89-20 (FORMERLY ORDINANCE NO. 88-85) AN ORDINANCE AMENDING CHAPTER 1-20 (TRAFFIC) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY AMENDING SECTION 1-20- 28, "DELIVERY AND CONSTRUCTION VEHICLES; EMERGENCY REPAIRS", TO REQUIRE OWNER OF DISABLED VEHICLE TO NOTIFY SHERIFF OF COUNTY OF THE LOCATION OF ANY VEHICLE SUBJECT TO RESTRICTIONS OF SECTION 1-20-27, "COMMERCIAL VEHICLE AND SEMITRAILERS PROHIBITED OR RESTRICTED IN RESIDENTIAL DISTRICTS," WHICH BECOMES DISABLED AND IS REQUIRED TO BE PARKED IN A RESIDENTIAL DISTRICT FOR LONGER THAN ONE (1) HOUR WITHIN TWO (2) HOURS OF SUCH VEHICLE BEING SO PARKED; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SHERIFF TO ISSUE DISABLED VEHICLE PERMIT FOR SUCH VEHICLES; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Ordinance 78-4, adopted by the Board of County Commissioners on March 21, 1978, and codified in part as Section 1-20-28, "Delivery and construction vehicles; emergency repairs," of the St. Lucie County Code of Ordinances and Compiled Laws, established restrictions on the parking of commercial vehicles and semitrailers in residential areas but provided a twenty-four (24) hour exemption for disabled vehicles. 2. In order to more effectively monitor parking of disabled commercial vehicles and semitrailers in residential districts, Section 1-20-28 should be amended to require the ...... through passages are deleted. added. -1- Underlined passages are 780 sheriff of the County be notified by the owner, agent, operator or person in charge of such vehicle of the location of such vehicle within two (2) hours of being so parked and issue a disabled vehicle parking permit for the vehicle. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-28. DELIVERY AND CONSTRUCTION VEHICLES: EMERGENCY REPAIRS. Section 1-20-20, "Delivery and construction vehicles; emergency repairs," of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended to read as follows: Delivery and construction vehicles; Section 1-20-28. emergency repairs. (a) (b) The restriction of section 1-20-27 shall not apply to the temporary parking of vehicles covered by such section on private property in residential districts whereon construction is underway, for which a current and valid building permit has been issued by the county, and such permit is properly displayed on the premises. The restrictions of section 1-20-27 of one hour in residential districts shall not apply to routine deliveries by tradesmen, or the uses of trucks in making service calls, provided that, such time in excess of one hour is actually in the course of ...... through passages are deleted. added. -2- Underlined passages are 629 781 business deliveries or servicing, as the case may be. (c) The restrictions of section 1-20-27 shall not apply to a situation where such vehicle becomes disabled, and as a result of such emergency, is required to be parked within a residential district for longer than one hour, provided the owner, agent, operator or person in charge of such vehicles reports the location of the disabled vehicle to the sheriff of the county within two (2) hours of being so parked and the sheriff issuem a disabled vehicle permit which shall be posted on th~ vehicle while so parked. However, any such vehicle shall be removed from the residential district within twenty-four (24) hours by wrecker towing if necessary, regardless of the nature of the emergency. 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. 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 Struck through passages are deleted. added. -3- Underlined passages are oo, 629 782 PART H. 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. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County's jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger ABSENT Commissioner Jim Minix AYE CODIFICATION. Struck through passages are deleted. added. -4- Underline__d passages are o 783 BOOK 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 G shall not be codified. PASSED AND DULY ADOPTED this 14th day of March, 1984. BOARD OF COUNTY SIONERS,· ATTEST: ST. LUCIE COUNTY, ' ~~ CLERK APPROVED AS TO CORRECTNESS: /)ss '~. CO~N~ ATTORNEY 955316 Struck ~ ..... ,~ ...... ~.. passages are deleted. added. -5- Underlined passages are 78,4 95Cl17 ORDINANCE NO. 89-21 (FORMERLY ORDINANCE NO. 88-84) AN ORDINANCE AMENDING SECTION 5.1.200 (HEARING PROCEDURES) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) REQUIRING AN APPLICANT DESIRING TO APPEAL A DECISION OF THE BOARD OF COUNTY COMMISSIONERS TO FILE AN APPEAL FROM A ZONING DECISION TO THE 19TH JUDICIAL CIRCUIT WITHIN THIRTY (30) DAYS AFTER RENDITION OF THE DECISION; AND FURTHER AMENDING SECTION 5.6.600 (APPEALS FROM BOARD OF ADJUSTMENT) PROVIDING ANY PERSON AGGRIEVED BY A DECISION OF THE BOARD OF ADJUSTMENT MAY PETITION FOR CERTIORARI REVIEW; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On January 26, 1989, the St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission held a public hearing, due notice of which had been published at least fifteen (15) days in advance, to consider amending the text of the St. Lucie County Zoning Ordinance, as set out in this ordinance. 2. The St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission has recommended that the Board approve the proposed amendment. 3. On March 14, 1989, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice in the Fort Pierce News Tribune on February 13, 1989. ~°~" ~,.~=~** passages are deleted. added. -1- Underlined passages are 62,9 600~ NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 5.1.200 (HEARING PROCEDURES) Section 5.1.200 (Hearing Procedures) of Appendix A of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 5.1.200 Hearing Procedures. (8) Appeals from Board of County Commissioners Decisions. Any person desiring to appeal a decision of the Board of County Commissioners under this section may apply for judicial relief to the Circuit Court in the Nineteenth Judicial Circuit in and for St. Lucie County within thirty (30) days after rendition of th~ decision by the Board of County Commissioners. Review shall bc governed by the Florida Rules of Appellate Procedure. PART B. AMENDMENT OF SECTION 5.6.600 (APPEALS FROM BOARD OF ADJUSTMENT Section 5.6.600 (Appeals from Board of Adjustment) of Appendix A of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 5.6.600 Appeals from Board of Adjustment. Any person aggrieved by a decision of the Board of Adjustment may, within thirty (30) days after the rendition of such decision, =m~ ..... th ..... t~ -= ...... State ~ .......... petition for certiorari review to the Circuit Court in the Nineteenth Judicial Circuit in and for St. Lucie County. Struck ~..~,.~ passages are deleted. added. -2- Underlined passages are 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. 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 E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Struck added. passages are deleted. -3- Underlined passages are 629 BO0~ Chairman Judy Culpepper AYE Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jim Minix ABSENT PART H. Commissioner Jack Krieger CODIFICATION. ABSENT 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 H shall not be codified. ~'~"~ PASSED AND DULY ADOPTED this 14th day of March, 1989. TTEST :~ ~'~PP[J . CLERK BOARD OF COUNTY C~MMISS~NERS ST. LUCIE COUNTY,' FLaRe'i% ~ BY:~~ !' '.. APPROVED AS T0 FORM AND C~TNESS: CO y '89 30 11:24 DOt, 0 t ST. LUCI: Struck ~,,*~,,~ passages are deleted. added. -4- Underlined passages are 629 500~( 9({39'S4 ORDINANCE NO. 89-23 AN ORDINANCE AMENDING TABLE 1: LOT SIZE AND DIMENSIONAL REQUIREMENTS OF SECTION 3.2.000 (REGULATIONS OF GENERAL APPLICABILITY) OF APPENDIX A (ZONING REGULATIONS) OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS) BY DECREASING THE MINIMUM LOT AREA SIZES IN RS-2 (RESIDENTIAL, SINGLE-FAMILY-2) AND RS-3 (RESIDENTIAL, SINGLE-FAMILY-3) DISTRICTS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. It is in the best interest of the citizens of St. Lucie County to amend the zoning ordinance to decrease the minimum lot area sizes in RS-2 (Residential, Single-Family-2) and RS-3 (Residential, Single-Family-3) districts to account for the regulatory requirements associated with the provisions of roadways and stormwater management systems. 2. On March 23, 1989, the St. Lucie County Planning and Zoning Commission and St. Lucie County Local Planning Agency held a public hearing due notice of which was published at least fifteen (15), but no more than thirty (30) days in advance, to consider amending the text of the St. Lucie County Zoning Ordinance as set out in this ordinance. 3. On April 25, 1989, the Board of County Commissioners held a public hearing on the proposed amendment after publishing notice of that hearing in the Fort Pierce News Tribune on April 4, 1989. Struck ~ ..... ~ ...... ~.. passages are deleted. added. -1- Underlined passages are NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF TABLE 1: LOT SIZE AND DIMENSIONAL REQUIREMENTS OF SECTION 3.2.000 (REGULATIONS OF GENERAL APPLICABILITY) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS). Table 1: Lot Size and Dimensional Requirements of Section 3.2.000 of the St. Lucie County Zoning Ordinance is hereby amended to read as follows: District Minimum Lot Area (sq. ft.) RS-2 Residential, Single-Family-2 ~ 15,000 RS-3 Residential, Single-Family-3 ~ ~ ~,~v0 10,000 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, Struck ~ ..... ~ ...... ~.. passages are deleted. added. -2- BOOK Underlined passages are 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 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Jim Minix Aye Commissioner Jack Krieger Absent 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 B through G shall not be codified. ~OC~K ...... ~, passages are deleted. Underlined passages are added. --3-- PASSED AND DULY ADOPTED this 25th day of April, ATTEST: DEPUTY CLERK BOARD OF C( :RS ST. LUCIE Struck through passages are deleted. added. -4- Underlined passages are 95' 059 ORDINANCE NO. 89-25 AN ORDINANCE AMENDING SECTION 1-20-17 OF DIVISION i OF ARTICLE II OF CHAPTER 1-20 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON OLEANDER AVENUE FROM THE ENTRANCE TO THE STATE FARMERS MARKET SOUTHERLY APPROXIMATELY FIVE HUNDRED (500) FEET; AND FURTHER PROHIBITING PARKING ON BELL AVENUE (SOUTH SIDE) FROM THE INTERSECTION OF OLEANDER AVENUE WESTERLY APPROXIMATELY SEVEN HUNDRED (700) FEET; DIRECTING THE COUNTY ROAD AND BRIDGE DIRECTOR TO POST NO PARKING SIGNS ALONG THE ABOVE DESCRIBED ROADS; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(m) and Section 316.08, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. It is in the best interests of the health, safety, and welfare of the citizens of St. Lucie County to prohibit parking on Oleander Avenue from the entrance to the State Farmers Market southerly approximately five hundred (500) feet; and further prohibiting parking on Bell Avenue (south side) from the intersection of Oleander Avenue westerly approximately seven hundred (700) feet. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Struck ...... ~., passages are deleted. added. -1- Underlined passages are PART A. AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION I (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-17 of Division I of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. (b) The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," within three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road" within three hundred (300) feet on either side of the entrance to Westwood High School. "Atlantic Beach Boulevard," the entire length of the right-of-way, from Royal Palm Way to its end, North Jetty. "Avenue D," within three hundred (300) feet of its intersection with Angle Road. "Avenue Q," within two hundred (200) feet of its intersection with Angle Road. "Banyon Road," the entire length of the right of way, from North Ocean Drive to Oak Drive. "Bell Avenue," (South side), from the intersection of Oleander Avenue westerly approximately seven hundred (700) feet. "Edwards Road," from Will Fee Road west to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. Struck through passages are deleted. added. -2- Underlined passages are 349 "Flamingo Boulevard," the entire length of the right- of-way. "Glades Cut-Off Road," 500 feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue (SR 68). "Midway Road," (South side), within three hundred (300) feet of its intersection with 25th Street. "North Ocean Drive," the entire length of the right-of- way, from Banyon Road to Royal Palm Way. "Oak Drive," the entire length of the right-of-way. "Oleander Avenue," from the entrance to the Stat~ Farmers Market southerly aDproximately five hundred (500) feet. "Osceola Boulevard," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "Royal Palm Way," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "Seminole Boulevard," the entire length of the right- of-way, from North Ocean Drive to Oak Drive. "South 33rd Street (West side), the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. "Tamarind Drive," the entire length of the right-of- way, from Royal Palm Way to Flamingo Boulevard. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "50th Street," within two hundred (200) feet of its intersection with Angle Road. (c) The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. Struck ...... ~.. passages are deleted. added. -3- Underlined passages are 350 (d) Penalties for violation of this section shall be in accordance with State law. PART B. DIRECTING THE PLACEMENT OF "NO PARKING" SIGNS ALONG THE ABOVE DESCRIBED RIGHT-OF-WAY The County Road Superintendent is hereby directed to post "No Parking" signs along the above described right-of-way. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY 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. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. 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 WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. Struck through passages are deleted. Underlined passages are added. --4-- PART F. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART H. Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Jack Krieger CODIFICATION. Aye Aye Aye Aye Absent 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 H shall not be codified. PASSED AND DULY ADOPTED this 28th day of March, · -~----.--o.. ST. LUCIE COUNTYa~'FLoRID COUNT~ ~NEY --5-- Fcc $ ~'P~ Add Fee $ Doc Tax $ IntTax $ ORDINANCE NO. 89-26 TotalS ~ AN ORDINANCE AMENDING SECTION 2.2.000 DEFINITIONS) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) BY AMENDING THE DEFINITION OF LOT OF RECORD FOR CLARIFICATION AND CHANGING THE EFFECTIVE DATE OF RECORDATION; BY AMENDING THE DEFINITION OF NONCONFORMING LOT OF RECORD FOR CLARIFICATION AND CHANGING THE EFFECTIVE DATE OF RECORDATION; BY AMENDING THE DEFINITION OF STREET FOR CLARIFICATION; BY AMENDING SECTION 3.2.902 (NONCONFORMITIES) TO CHANGE THE EFFECTIVE DATE FOR DETERMINING A NONCONFORMING LOT OF RECORD AND REQUIRING PROOF OF LEGAL INGRESS AND EGRESS IF THE LOT HAS NO ROAD FRONTAGE; BY AMENDING SECTION 5.5.300 (LIMITATIONS ON VARIANCES) TO DELETE THE LIMITATION ON THE GRANTING OF VARIANCES FOR LOT WIDTH AND YARDS; AND BY ADDING SECTION 5.5.700 (ADMINISTRATIVE VARIANCES TO PROVIDE AN ADMINISTRATIVE VARIANCE FOR ACCESSORY AGRICULTURAL STRUCTURES ON AGRICULTURAL PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION, AND PROVIDING FOR CODIFICATION. , DOUGLASX-D1XON St. Luci¢ County Clerk of Circuit Court Deputy Clerk WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On May 25, 1989, the St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission held a public hearing, due notice of which had been published at least fifteen (15) days in advance, to consider amending the text of the St. Lucie County Zoning Ordinance, as set out in this ordinance. 2. The St. Lucie County Local Planning Agency/St. Lucie County Planning and Zoning Commission has recommended that Struck through passages are deleted. added. -1- Underlined passages are 547 ~00~ the Board adopted the proposed amendment with the exception of the deletion of the variance limitation as to lot widths and yards in Section 5.5.300(1)(a). 3. On July 25, 1989, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice in the Fort Pierce News Tribune on June 2, 1989. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 2.2.000 DEFINITIONS. Section 2.2.000 (Definitions) of Appendix A of the Code of Ordinances of St. Lucie County, Florida, is hereby amended as follows: Section 2.2.000. Definitions. Lot of record: A lot that ~ part ......... · ..... ~ h~h has As used in this ordinance a lot of record shall mean: (a) (b) (c) Any contiquous quantity of land that is part of an approved subdivision recorded in the office of the clerk of the circuit court; or Any contiguous quantity of land which is capable of being described with such definitiveness that its location and boundaries are established, and which has been so recorded in the public records in the office of the clerk of the circuit court prior to July 1, 1984; or Any contiquous quantity of land which is the subject of an agreement for deed or other instrument of conveyanco Struck ~ ..... ~ ...... ~,. passages are deleted. added. -2- Underlined passages are BOOK properly executed prior to July 1, 1984, and which describes the parcel with such definitiveness that its location and boundaries are established. Nonconforming lot of record: A platted lot or lot of record that does not comply '~ith ~-~.~ meet minimum %~%--s~i-me, area, width or frontage requirements of this ordinance. Street: Public or private ways that have been set aside ~y through dedication, deed or condemnation for public or private use or that have become a public way by prescriptive use, without regard to maintenance responsibility, but not including easements. This definition shall .... 1..~A ----~..--&__ ....... ~ ...... strcats does not include any private street or way, that i.e not constructed in conformance with the St. Lucie County Standard Specifications for Public Works Construction. PART B. AMENDMENT OF SECTION 3.2.902(4) (NONCONFORMING LOTS OF RECORD Section 3.2.902(4) (Nonconforming lots of record) of Appendix A of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 3.2.902. Nonconformities. (4) Nonconforming lots of record. In any district principal permitted structures and customary accessory buildings may be erected on any single lot of record existing on before July 1, 1984, ~ .... ~--~ ..... ff~t~v~ dat~ ~ ~ .... ~ ordinance, notwithstanding limitations imposed by other provisions of this ordinance. Such lot must be in separate ownership and not ~ .... t ....... frontage --=~' contiguous to other lots in the same Struck added. passages are deleted -3- Underlined passages are ownership. This provision shall apply though such lot fails to meet the requirements for areal or width, or both, or frontage or any combination of the three that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to areal or width, or frontaqe 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 areal ~ width, and frontaqe shall be obtained only through action of the board of ad3ustment. If however, the lot has no frontage as defined in Section 2.2.000, then proof of recorded legal ingress and eqress acceptable to the County Attorney must be furnished before a buildinq permit will be issued except for nonresidential accessory structures in AR-1 and AG zoninq districts. If two (2) or more lots or combinations of lots and portions of lots --~ .... t ....... ~-~-~ ..... ~.~ which are conti~uous to other lots. in single ownership are of record on ~A~ ~~~-~'-A d~t~ ~ of thio ordlnanc~ July 1, 1984, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance. PART C. AMENDMENT OF SECTION §.5.300(1)(a)(~) (LIMITATIONS ON VARIANCES). Section 5.5.300(1)(a)(i) (Limitations on Variances) of Appendix A of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Struck ~..~..~ passages are deleted. added. -4- Underlined passages are Section 5.5.300. Limitations on Variances. (1) Variances shall not be granted that would: (a) Permit a building or structure to have a height in excess of one hundred twenty (120) per cent of that permitted by Table 1 in Section 3.2.400; or ...... ~ less permit a lot width, road frontage, ~ =~ than eighty (80) per cent of that permitted by said table, except: ~,'~' In the case of nonconforming lots of record, provided, however, that a variance to construct a .... ~ ......... = ........ ~ permitted or authorized accessory structure on such a lot shall be governed by the provisions of Section 3.2.902(4); and (ii) In the AG (Agricultural) District, road frontage of less than sixty (60)OHO (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 (Hutchinson Island Residential District) to have a height in excess of one hundred twenty-five (125) feet. (2) A variance to construct an accessory agricultural structure on aqricultural property lacking sufficient frontaga shall be qoverned by the provisions of Section 5.5.700. (3)(2)No variance from the dimensional requirements of Section 3.0.000 shall be valid for a period longer than twelve (12) months unless a building permit is issued. PART D. ADDITION OF SECTION 5.5.700 (ADMINISTRATIVE VARIANCES) Section 5.5.700 (Administrative Variances) of Appendix A of the Code of Ordinances of St. Lucie County, Florida, is hereby added to read as follows: Struck through passages are deleted. added. -5- Underlined passages are 647 Section 5.5.700. Administrative Variances. (1) Administrative variance to construct an accessory agricultural structure - Application procedures. (a) A person desiring to construct an accessory agricultural structure on a parcel lacking frontage shall apply for a variance on a form provided by the Community Development Director. (b) An application fee as established by resolution of the Board shall accompany the application. (c) The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Community Development Director, but shall contain at least the following: 1. Name and address of applicant. Legal description of the propertv which is the subject of the application. 3. Size of the subject property. 4. Description of the existing agricultural operation. Description of proposed accessory structure and proposed use. Proof that the parcel is classified as agricultural land for purposes of ad valorem tax assessment. (d) Within a reasonable period of time not to exceed thirty (30) days after receipt of an application or receipt of additional information pursuant to this section, the Community Development Director shall examine the application or information and notify the applicant of any apparent errors or omissions, and request such additional information as may be necessary for the processinq of the application. (e) Within thirtV (30) working days after an application has been determined to be complete by the Community Development Director, the Community Development Director shall take one (1) of the followinq actions: ............ ~,, passages are deleted. added. -6- Underlined passages are (f) 1. Grant the variance. 2. Deny the variance with the reasons clearly stated. Any person aggrieved by a decision of the Community Development Director may within thirty (30) days after the rendition of such decision appeal to the Board of Adjustment pursuant to procedures set forth in Section 5.6.000 of the Zoning Ordinance. (2) Administrative Variance to construct an accessory agricultural structure - General standards for issuance. The Community Development Director shall Grant th~ requested variance if all of the following standards are satisfied: (a) The parcel is classified as agricultural land for purposes of ad valorem tax assessment. (b) The proposed structure will be constructed as a part of an existing productive operation. agricultural (c) The proposed structure and use will be accessory to the already existing agricultural structures and uses. PART E. 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 F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such ~°~ .... ~" ~..~..~ passages are deleted. added. -7- Underlined passages are BOOK holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART H. EFFECTIVE DATE. This ordinance shall take effect September 1, 1989. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART J. Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jack Krieger Commissioner Jim Minix 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 E through J shall not be codified. Struck added. passages are deleted. --8-- Underlined passages are 647 BOOK PASSED AND DULY ADOPTED this 25th day of July, 1989. ATTEST: BOARD OF COUNTY COMMISsiONERS ST. LUCIE COUNTY, CORRECTNESS: ~ '89 ~.28 /~8:57 982253 Struck ~'~,,~,,~ passages are deleted. added. -9- Underlined passages are 951.547 ORDINANCE NO.: 89-27 FILE NO.: PA-88-022 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY ~ROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHAN~ING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT MIDWAY PLAZA - NORTHWEST CORNER OF OLEANDER AVENUE AND MIDWAY ROAD, BAY %6 (MORE PARTICULARLY DESCRIBED HEREIN) FROM CG ( COMME RCI AL, GENERAL ) TO RL (LOW DENSITY RESIDENTIAL DEVELOPMENT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHAN~ES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVI DING FOR CONFLI CTI NG PROVI SI ONS AND SEVERABI LI TY; PROVIDING FOR FILIN~ WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The St. Lu¢ie County Board of County Commissioners presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from CG (Commercial, General) to RL (Low Density Residential) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 25, 1989, of which due notice was published at least seven (7) days prior, to 'said hearing and all' owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from CG (Commercial, General) to RL (Low Density Residential) for the p~operty described melow. 3. The Board held a public hearing on February 28, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on February 3, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION, The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: THE LANDS UNDERLYING STORE B-6 OF MIDWAY PLAZA PHASE II (LOCATED ON LOTS i THROUGH 5 AND LOTS 10 THROUGH 18, BLOCK 8, PLAT OF WHITE CITY, AS RECORDED IN THE PLAT THEREOF IN PLAT BOOK 1, PAGE 201, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA) owned by Wayne U. Sines, Jr., be, and the same is hereby changed from CG (COmmercial, General) to RL (Low Density Residential). B. FINDING OF CONSISTENC~, This Board specifically determines that the approved change in the future land use ~plan ~is consistent ~with the policies and objectives contained in the St. Lucie County_Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in t~e ~St. Lucie County Zor. ing Atlas and to make notation of reference to the ~ate of a~option of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be hel~ to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. Ae F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. 'FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne 626 'B~il~ing, 2740 Centerview Drive, Tallahass~e, Florida, 32399. I. EFFECTIVE DATE, This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger ABSENT Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 28th day of February, 1989. 89-027 PLANAM '~9 ~,,q -8 P 1:18 OOUG~./, ST. t~OOK ,7031 ORDINANCE NO.: $9-29 File No.: PA-$9-027 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE WEST SI DE OF LENNARD ROAD, APPROXIMATELY 1100 FEET SOUTH OF JENNINGS ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM RL (LOW DENSITY RESIDENTIAL) TO IL (INDUSTRIAL, LIGHT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVI DING FOR CONFLICTING PROVI SI ONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie Truss Associates presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential) to IL (Industrial, Light) for the property described bel ow. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 25, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential) to IL (Industrial, Light) for the property described below. 0639 1 , 6E2 2 3 7 3. The Board held a public hearing on February 28, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on February 3, 1989. 4. Following the February 28th public hearing on this petition, a tie vote of 2 in favor and 2 opposed was cast. 5. This petition was rescheduled for Board review on May 9, 1989, at which time a new public hearing would be held accepting comments both in favor of, and opposed to this petition. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CMANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: THE SOUTH 220 FEET OF THE SOUTH 5 ACRES OF THE EAST 1/2 OF LOTS I & 2 LESS THE WEST 35 FEET OF THE EAST 50 FEET OF BLOCK 1, ST. LUCIE GARDENS 12-37-40 owned by St. Lucie Truss Associates, be, and the same is hereby changed from RL (Low Density Residential) to IL (Industrial, Light). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the 0639 [2238 policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. ao F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph 0639 39 G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. M. FILING WI TM TME DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Vice-Chairman Havert Fenn Commissioner R. Dale Trefelner Commissioner Jack Krieger Commissioner Jim Minix AYE ABSENT AYE ABSENT AYE PASSED AND DULY ADOPTED this 9th day of May 1989. ATTEST: BOARD OF COUNTY COMMISSIONERS" ST. LUCIE COUNTY, FLORiDA ~.. ~ /~ //CHAI:~~N~ ,:~:'.~ APPROVED AS TO FORM AND 89-029 PLAN-AM(A) 810639 PJ6[2:2 I '89 dUN ..~ A9:21 /:'IL £'D /, N ' ,~1 I';-','~ /.'fZ .... " ' · Lu~-',,- ;..4,ON '" ~' UNT ;,, ,. 969 6 ORDINANCE NO. 89-30 AN ORDINANCE AMENDING CHAPTER 1-20.5 (WATER AND SEWER) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADDING ARTICLE II (WATER SHORTAGE PLAN); PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR EMERGENCY ENACTMENT; AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. A water shortage or water shortage emergency may be declared from time to time by the South Florida Water Management District affecting St. Lucie County; and 2. During such water shortage condition, the amount of surface and groundwater supplies may become insufficient to meet current or anticipated demands; and 3. Upon the existence of such conditions, it becomes imperative to the public well being that certain uses of water be restricted or curtailed and that available water resources be allocated; and 4. The South Florida Water Management District has primary responsibility under Chapter 373, Florida Statutes, for regulating water use and allocating available water supplies during periods of water shortage; and BOOK U'.~ ~°~" ~..~u~,,~ passages are deleted. added. --1-- Underlined passages are 5. The South Florida Water Management District has adopted a "Water Shortage Plan", codified as Chapter 40E-21, Florida Administrative Code, for the purpose of allocating and conserving the water resource during periods of water shortage and maintaining a uniform approach towards water use restrictions; and 6. The South Florida Water Management District has requested the assistance of St. Lucie County in the enforcement of the provisions of the "Water Shortage Plan"; and 7. It is the desire of the Board of County Commissioners of St. Lucie County to provide the South Florida Water Management District with all possible assistance in the enforcement of the provisions of the "Water Shortage Plan" during a water shortage or water shortage emergency; and 8. Section 373.609, Florida Statutes, provides that it shall be the duty of county governmental and law enforcement officials to assist the South Florida Water Management District in the enforcement of Chapter 373, Florida Statutes, and any rules adopted thereunder, upon request by the South Florida Water Management District. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: °~ .... " ~ ..... ~ passages are deleted. added. --2-- Underlined passages are PART A. AMENDMENT OF CHAPTER 1-20.5 (WATER AND SEWER) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY ADDING ARTICLE II (WATER SHORTAGE PLAN). Chapter 1-20.5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding Article II (Water Shortage Plan) to read as follows: ARTICLE II. WATER SHORTAGE PLAN Section 1-20.5-35. Intent and Purpose It is the intent and purpose of this ordinance to protect the water resources of St. Lucie County from the harmful effects of overutilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its Water Shortage Plan. Section 1-20.5-36. Definitions For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. (a) District is the South Florida Water Management District. (b) Person is any person, firm, partnership, association, corporation, company or organization of any kind. BOOK Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are (c) Water resource means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground. (d) Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require a temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortag~ usually occurs due to drought. (e) Water shortage emergency means that situation when the powers which can be exercised under part II of chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. Section 1-20.5-37. Application of Ordinance. The provisions of this ordinance shall apply to all persons using the water resource within the geographical areas subject to the "water shortage" or "water shortaqe emergency," as determined by the District, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This ordinance shall not apply to persons using treated effluent or saltwater. Section 1-20.5-38 Amendments to water shortage plan Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference as a part of the Code of Ordinances of St. Lucie County. Struck ~,,~.,~ passages are deleted. added. --4-- Underlined passages are Section 1-20.5-39. Declaration of water shortage, water shortage emergency. The declaration of a water shortaqe or water shortaqe emergency within all or any part of St. Lucie County by the governing board or the executive director of the district shall invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to St. Lucie County, or any portion thereof, shall be subject to enforcement action pursuant to this ordinance. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this Ordinance. Section 1-20.5-40. Enforcement. Every police officer or sheriff having .jurisdiction in the area governed by this Ordinance shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Ordinance. In addition, the county administrator may also delegate enforcement responsibility for this Ordinance to agencies and departments of county government, or cities in the service areas governed by this Ordinance, in accordance with state and local law. Section 1-20.5-41. Penalties. Violation of any provision of this article shall be subject to the following penalties: (a) First violation: Twenty-five dollars ($25.00). (b) Second and subsequent violation: Fine not to exceed five hundred dollars ($500.00) and/or imprisonment in the county jail not to exceed sixty (60) days. Struck ~ ..... ~ passages are deleted added. --5-- Underlined passages are 638 '"" ' ' Each day in violation of this Ordinance shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one written warning. The County, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this Ordinance. Section 1-20.5-42. Water users to accept provisions of Ordinance No water service shall be furnished to any person by a public or private utility unless such person agrees to accept ali the provisions of this Ordinance. The acceptance of water service shall be in itself the acceptance of the provisions thereof. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances, and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART 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, Struck =~,,~w.,~ passages are deleted. added. --6-- Underlined passages are 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. FILING WITH THE DEPARTMENT OF ENVIRONMENTAL REGULATION. In order to comply with Section 373.023, Florida Statutes, the Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Water Resources Management, Department of Environmental Regulation, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. PART F. FILING WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the South Florida Water Management District, Post Office Box 24680, 3301 Gun Club Road, West Palm Beach, Florida 33406. PART G. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART H. ADOPTION. After motion and second, the vote on this resolution was as follows: Chairman Judy Culpepper AYE Vice Chairman Havert L. Fenn ABSENT ~°~'- ~,,~,,~ passages are deleted. added. --7-- Underlined passages are 638 BOOK Commissioner R. Dale Trefelner AYE Commissioner Jim Minix AYE Commissioner Jack Krieger ABSENT PART I. 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 I shall not be codified. PASSED AND DULY ENACTED this 23rd dam of May, 1989. AT TEST" CLERK BOARD OF COUNTY COMMISS~!0NERS ST. LUCIE COUNTY, FLOR:~A a..~o~ as ~o FORM dOR~CT~SS :/ 969 66 Struck ~ ..... ~ passages are deleted added. --8-- Underlined passages are EOOK 966'855 ORDINANCE NO. 89-31 (FORMERLY 88-22) AN ORDINANCE CREATING CHAPTER 1-2.5 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR PROHIBITION OF STOPPING OF PARKING; PROVIDING FOR VEHICLES NOT TO OBSTRUCT TRAFFIC; PROVIDING FOR PROHIBITION OF PARKING FOR CERTAIN PURPOSES; PROVIDING FOR REQUIREMENT OF MOTOR VEHICLE AND OPERATOR LICENSES; PROVIDING FOR PARKING FOR DISABLED PERSONS; PROVIDING FOR RESTRICTED USE ZONES; PROVIDING FOR VEHICLE SPEED; PROVIDING FOR PROHIBITION OF CERTAIN VEHICULAR TRAFFIC; PROVIDING FOR ENTRY TO AIRPORT MOVEMENT AREA, OR RESTRICTED AREAS; PROVIDING FOR IDENTIFICATION CARD AND POUCH; PROVIDING FOR AUTHORITY TO OPERATE VEHICULAR TRAFFIC ON THE AIRPORT MOVEMENT AREA; PROVIDING FOR YIELDING TO AIRCRAFT; PROVIDING FOR CROSSING RUNWAYS AND TAXIWAYS; PROVIDING FOR OPERATIONS NEAR AIRCRAFT; PROVIDING FOR TWO-WAY RADIO REQUIREMENTS; PROVIDING FOR REQUIREMENT OF OPERATOR'S LICENSE TO OPERATE A MOTOR VEHICLE ON AIRPORT MOVEMENT AREA; PROVIDING FOR PROHIBITION OF RECKLESS DRIVING; PROVIDING FOR PROHIBITION OF CARELESS DRIVING; PROVIDING FOR YIELD OF RIGHT-OF-WAY TO EMERGENCY VEHICLES; PROVIDING FOR REGULATION OF OCCUPANTS OF MOTOR VEHICLES; PROVIDING FOR PARKING ON AIRPORT MOVEMENT AREA; PROVIDING FOR PROCEDURES FOLLOWING MOTOR VEHICLE ACCIDENTS; PROVIDING FOR REGULATION OF SERVICE AND REPAIR OF MOTOR VEHICLES ON AIRPORT MOVEMENT AREA; PROVIDING FOR CONTRACTOR'S ACCESS AND OPERATIONS ON THE AIRPORT MOVEMENT AREA; PROVIDING FOR VEHICLE AND EQUIPMENT CONDITION AND SAFETY REQUIREMENTS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING PENALTIES; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Luc±e County, Florida, has made the following determinations: BOOK U~U Struck through passages are deleted. added -1- Underlined passages are 1. Section 125.01(e), Florida Statutes, authorizes and empowers the Board of County Commissioners to operate air transportation facilities. 2. Section 125.01(m), Florida Statutes, authorizes and empowers the Board of County Commissioners to develop and enforce plans for the control of traffic and parking. 3. Surface vehicle traffic at the St. Lucie County International Airport is presently regulated by Resolution No. 77-2, adopted by the St. Lucie County Port and Airport Authority on April 26, 1977. 4. The growth and development of the St. Lucie County International Airport has facilitated an increase in the amount and complexity of surface vehicle traffic at the airport. 5. It is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida, to establish by ordinance rules and regulations governing surface vehicle parking and traffic at the airport. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CREATION OF CHAPTER 1-2.5 (AIRPORTS AND AIRCRAFT). Chapter 1-2.5 (Airports and Aircraft) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby created to read as follows: CHAPTER 1-2.5 AIRPORTS AND AIRCRAFT St~k ~ L ...... ~.. passages are deleted. added -2- 636 ^ 2508 Underlined passages are Section 1-2.5-1. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter the most reasonable application. Words not specifically defined below which relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in th~ aviation industry. (a) "Abandon" means to forsake, desert, give up and surrender one's claim, or right. (b) "Aircraft" means any contrivance now known or hereafter designed, invented, or used for navigation or flight in air or space, except a parachute or other contrivance used as a safety device. (c) "Airport Movement Area" means runways, taxiways, or other areas of an airport which are utilized for taxiways, hover taxiing, air taxiing, take-off and landing of aircraft exclusive of loadinq ramps and parking areas. (d) "Airport" means any airport owned and operated by the St. Lucie County Port and Airport Authority, as now existing or as the same may hereafter be developed. (e) "Apron" or "ramp" means that area of the airport within the Airport Movement Area designated by operational directive of the director for the loading, unloading, servicing, or parking of aircraft. 6,36 ^ 2509 Struck through passages are deleted. added -3- Underlined passages are (f) "Authority" means the St. Lucie County Port and Airport Authority. (g) "Authorized" means acting or pursuant to a written contract, permit, authorization, or other written evidence of right issued by the Authority or director. (h) "Board" means the Board of County Commissioners of St. Lucie County, Florida. (i) "Control Tower" means an air traffic control tower located at the airport. (.j) "County" means St. subdivision of the State of Florida. Lucie County, a political (k) "Curbside" means the curb and those lanes designated by the director for loading and unloading adjacent to the terminal building area at the airport. (1) "Director" means the Port and Airport Director appointed by the Authority, or his duly authorized representative. (m) "Equipment" means portable units or vehicles, other than those commonly classified as motor vehicles, which exist at an airport or are utilized in conjunction with the operation of aircraft or an airport facility. (n) "Law Enforcement Officer" means any person vested with a police power of arrest on the airport under federal, state, or county authority. (o) "Limousine" means any motor vehicle having seating capacity of eight (8) persons, excluding the driver, 636 ~00~ Struck ~..~v~.,~ passages are deleted. Underlined passages are added -4- operating to and from the airport for hire in accordance with a valid motor carrier license issued by the board, but shall not include "taxicabs" or "vans" as defined in Section 1-13.3-16 of the St. Lucie County Code of Ordinances and Compiled Laws. (p) "Motor Vehicle" means a device in, upon, or by which a person or property may be propelled, moved, or drawn upon land or water, except a device moved by human or animal power, aircraft or devices moved exclusively upon stationary rails or tracks, and "equipment" as defined in Subsection 1-2.5-1(m) above. (q) "Operational Directive" means an order issued by the director bearing the designation "Operational Directive" and requiring specific operational procedures or prohibiting specific operations or types of operations, onto or from the airport; or establishing designated or restricted uses of various areas of the airport. (r) "Operator" means any person who is in actual physical control of an aircraft or motor vehicle. (s) "Owner" means a person who holds leqal title of an aircraft or motor vehicle, or a conditional vendee or lessee of an aircraft or motor vehicle in the event that the aircraft or motor vehicle is the subject of a conditional sale or leas~ thereof with the riqht of purchase upon performance of th~ conditions stated in the aqreement, and with the immediate right of possession vested in the conditional vendee or lessee, or any one in possession of an aircraft or motor vehicle on the airport, Struck through passages are deleted. added -5- BOOK U,JU Underlined passages are as in the event of a mortgagor of an aircraft or motor vehicle is entitled to the possession, then the conditional vendee, lessee, or mortgagor shall be deemed the owner for the purpose of this chapter. (t) "Park" means to put or leave or let a motor vehicl~ or aircraft stand or stop in any location whether the operator thereof leaves or remains in such vehicle or aircraft, when such standing or stopping is not required by traffic controls or conditions beyond the control of the operator. (u) "Person" means any individual, firm, partnership, corporation, company, association, .joint stock association, or body politic; and includes any trustee, receiver, committee, assignee, or other representative or employee thereof. (v) "Restricted area" means any area of an airport posted to prohibit entry or to limit entry or access to specific authorized persons. (w) "Runway(s)" means those portions of the Airport Movement Area used for the takeoff and landinq of aircraft. (x) "State" means the State of Florida. (v) "Taxi lane" means those portions of the Airport Movement Area authorized by the director through an Operational Directive for the surface maneuvering of aircraft, which are used in common, are not located within leasehold areas, and which arn under control of the air traffic control tower. (z) "Taxicab" means any motor vehicle havinq th~ capacity to accommodate not more than five (5) passengers, S~ruck throu~h passages are deleted. added -6- 636 Underlined passages are exclusive of the driver, operated under a motor carrier license issued by the board. (aa) "Taxiway(s)" means those portions of the Airport Movement Area authorized by the director, through Operational Directive, for the surface maneuverinq of aircraft, which are used in common, are not located within leasehold areas and which are under control of an air traffic control tower. (bb) "Terminal apron" means that area of the airport within the Airport Movement Area designated by Operational Directive of the director, by posted sign, or by lease aqreement for the loading and unloading of aircraft personnel and/or cargo. (cc) "Terminal", or "terminal building", or "terminal area" means any passenger or cargo terminal facility or airport facilities available to and utilized by the public, including ali roadways and parking facilities associated therewith. (dd) "Traffic" means pedestrians and vehicles, either singly or together, while using any airport area. (ee) "Vehicle for hire" or "for hire vehicle" means any vehicle used in commercial ground transportation activity on airport. Section 1-2.5-2 - 1-2.5-16. Reserved. ARTICLE I. REGULATION OF VEHICULAR TRAFFIC AND PARKING Section 1-2.5-17. In General. Motor vehicles operated on the public roadways and parking lots of the airport shall be governed by the traffic ordinances 636 ~OOK ~°~" ~,,~,,~ passages are deleted. Underlined passages are added -7- of the county and applicable state vehicle laws, and in addition thereto, no person shall operate any motor vehicle on the airport except in accordance with the rules and requlations prescribed in this article. Section 1-2.5-18. Stopping or parking prohibited. No person shall stop, stand, or park a vehicle in a place other than that specified for such by sign or pavement markinqs, at the terminal building area or at fixed base operator areas, except when necessary to avoid conflict with other traffic or in compliance with the direction of a law enforcement officer, or the director or his designated representative. Section 1-2.5-19. Vehicles not to obstruct traffic. Whenever a vehicle for any reason obstructs the free flow of traffic, the operator shall move the vehicle immediately. (a) No person or persons shall willfully obstruct the free, convenient and normal use of any roadway, loading area, unloading area, parking aisle, crosswalk, wheelchair ramps, parking entrance or exit at the airport by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon. (b) The parking of a vehicle shall not usurp any of the traveled portion of the street. Section 1-2.5-20. Parking for certain purposes prohibited. (a) No person shall park or stand a vehicle at the airport for the purpose of: ~,,-~,, passages are added deleted. --8-- 636 2514 Underlined passages are (1) Displaying of such vehicle for sale. (2) Washing, greasing, or repairing such vehicle, except repairs necessitated by emergency. This subsection shall not apply to such activities performed by rental car companies authorized by the Authority to operate at the airport. (3) Displaying advertisinq. (4) Selling merchandising from such vehicle. (5) Storage or as .junkage or dead storage. (b) No person shall engage in any commercial activity at the airport, other than motor carrier permitees granted permits by the board, unless otherwise permitted by the Authority. Section 1-2.5-21. Motor vehicle and operator licenses. No motor vehicle shall be operated upon the airport unless (1) the operator thereof is duly licensed to operate such vehicle on state, county, or municipal highways, and (2) such vehicle is registered in accordance with the provisions of the law of the state. The name of the owner shall be affixed to the driver and passenger sides of all commercial motor vehicles while operated on the Airport Movement Area. Section 1-2.5-22. Parking for disabled persons. No person shall stop, stand, or park a vehicle within any parking space designated and marked for handicapped or disabled persons unless such vehicle displays a parking permit issued pursuant to Section 316.1958 or 320.0848, Florida Statutes, and such vehicle is transporting a person eligible for the parking permit. 636 ^ 2515 ~°~-"-~" ~..~--"-~..~ passages are deleted. added -9- Underlined passages are Section 1-2.5-23. Restricted use zones. No person shall enter, stop, stand, or park a vehicle in a restricted use zone when such zone has been officially designated and appropriately signed. A "restricted use zone" is defined am an area where parking, standing, or stopping is reserved for an authorized vehicle. Section 1-2.5-24. Vehicle speed. (a) No person shall operate any motor vehicle in excess of twenty-five (25) miles per hour upon any roadway, taxiway, or portion thereof of any area used for motor vehicle traffic at the airport, except as otherwise posted or directed by the air traffic control tower. (b) No person shall operate any motor vehicle in excess of seven (7) miles per hour upon any aircraft parking area, apron, loading or unloading, or portion thereof at an airport, or as otherwise directed by the air traffic control tower. Section 1-2.5-25. Certain vehicular traffic prohibited. (a) No person shall operate any truck, trailer, semitrailers, truck tractor, special mobile eguipment, house trailer, dump truck, truck-mounted shovel, crane, transit mixers, or other vehicle designated for the transportation of property to which machinery has been attached, on any airport roadway for thc purpose of utilizing such roadway as a short-cut thoroughfare between any points outside the boundaries of the airport, unless otherwise directed by a law enforcement officer, or pursuant to a written permit issued by the director. ~°~-" ~-~,,~ passages are deleted. Underlined ~assages are added -10- (b) No person shall operate any vehicle on an airport contrary to posted load or height limits. Section 1-2.5-26. Entry to airport movement area, or restricted areas. No person shall enter the Airport Movement Area or a restricted area of an airport except: (a) Persons who enter in accordance with security clearance from the St. Lucie County Sheriff's Department. (b) Persons assigned duties on the Airport Movement Area or other restricted area bearing proper identification as approved and required in Section 1-2.5-27 herein. (c) Persons who are employees or authorized representatives of the Authority or other federal, state, or local governmental department or agency, having proper business thereon and bearing proper identification as approved and required herein. Section 1-2.5-27. Identification card and pouch. (a) Those persons authorized to enter the air movement area or other restricted areas at an airport in accordance with subsection 1-2.5-26(b), and (c). shall at all times possess an official identity or entry permit card issued or approved by the Authority. Identification cards shall be enclosed in a pouch issued by the Authority and worn conspicuously on the outer garment of the bearer, unless otherwise authorized by the Authority. (b) In the event an identification card or pouch issued by the Authority is damaged, lost, or stolen, the person to which ~°~" ~..~..~ passages are deleted. added -11- OR ¸ Underlined passages are such card or pouch was issued shall give official written notice of such occurrence to the Authority. A duplicate card or pouch shall not be reissued until such notice is received by the Authority. (c) Ail persons shall pay the Authority fee for the issuance of original or duplicate identification cards and pouches, as established by resolution of the Authority, and promptly return all such identification cards and pouches of employees who hav~ been terminated or transferred, or upon the request of th~ Authority. (d) No person to whom an approved identification card and/or pouch has been issued by the Authority for the purpose of entering an airport movement area or other restricted areas of the airport shall transfer such card or pouch to any other person. Section 1-2.5-28. Authority to operate vehicular traffic on the airport movement area. (a) No person other than employees or aqents of the Authority, Board, Federal, State, and local governmental entity or agency thereof shall operate or cause to be operated any motor vehicle on an airport movement area, unless such operation is required on the airport movement area and is directly related to an aviation activity on the airport, to the business of the Authority or the Board, or to the business of a tenant or authorized subtenant of the Authority engaged in a business activity authorized by the Authority. Struck ~..~..~ passages are deleted. added -12- Underlined passages are (b) The Authority shall establish, in accordance with any and all applicable National Fire Protection Association (NFPA) codes and standards, fueling procedures which shall be adhered to by all fuel trucks, unless otherwise directed by the air traffic control tower. Section 1-2.5-29. Yielding to aircraft. All motor vehicles on the airport movement area shall yield the right-of-way to aircraft in motion, under all conditions. This requirement shall include vehicles within designated roadways on the airport movement area. Section 1-2.5-30. Crossing runways and taxiways. No person at the airport when the control tower is in operation shall operate a motor vehicle beyond the hold bars of an active runway or taxiway or closer than one hundred fifty (150) feet from the edge of an active runway, or closer than onm hundred ten (110) feet from the centerline of an active taxiway, or as may subsequently be required by Authority resolution, without authorization from the control tower. Movement across said runway or taxiway shall then be made expeditiously. No crossing shall be made by other than emergency vehicles during hours the control tower is closed. Section 1-2.5-31. Operations near aircraft. No person, other than an employee or authorized representative of the Authority or of any federal, state, or local government entity or the operator of an aircraft servicing vehicle for that aircraft, shall operate a motor vehicle on the Struck ~,,~v~,,~ passages are deleted. Underlined passages are added - 13- airport movement area at an airport so as to pass within twenty (20) feet of a parked aircraft or contrary to established vehicle operational procedures, including but not limited to specific routes or zones marked on pavement and regulatory signs. No person shall operate a motor vehicle between an aircraft parked at the terminal building and the terminal building without first ascertaining that no person is on foot in the area through which the vehicle will travel. In the event that an aircraft being loaded or unloaded at ground level no vehicle shall be operated between said aircraft and the terminal while passengers arm enplaning or deplaning. Section 1-2.5-32. Two-way radio requirements. The operator of a motor vehicle requiring clearance to operate on or across an active taxiway or runway at an airport shall maintain direct two-way radio contact with the control tower, or in the event of a two-way radio is inoperable or unavailable, shall operate said vehicle only under the escort of an authorized motor vehicle equipped with a two-way radio in contact with the control tower. This requirement shall no% apply, however, to operators of vehicles authorized by thm director to receive pre-established visual signals from thm control tower, or to operators of vehicles following pre- established special procedures of the Authority which have been approved by the control tower. 636 Struck through passages are deleted. added -14- Underlined passages are Section 1-2.5-33. Operator's license. No person shall drive a motor vehicle on the airport movement area, unless such individual carries on his person all time a currently valid operator's license for the type of vehicle being operated, issued in accordance with statutes of tho State of Florida. Section 1-2.5-34. Reckless driving. No person shall operate a motor vehicle on the airport movement area in a reckless manner, so as to indicate a willful or wanton disregard for the safety of persons or property. Section 1-2.5-35. Careless driving. No person shall operate a motor vehicle on the airport movement area in a careless manner, which is other than in careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and use of roadways, weather- conditions, and all other attendant circumstances, so as not endanger the life, limb, or property of any person. Section 1-2.5-36. Rmergency vehicles. Upon the approach of a sheriff, ambulance, fire district, o~- other emergency vehicle giving an audible or visual signal, each person operating another motor vehicle on the Airport Movement Area shall immediately yield the right-of-way to such vehicle, until the emergency vehicle has stopped or passed, unles~ otherwise directed by a law enforcement officer. Struck ~ ..... ,- ...... ~,. passages are deleted. added -15- Underlined passages are Section 1-2.5-37. Occupants of motor vehicles. No person shall, while on the airport, ride on the running board of a moving motor vehicle, stand up in the body of a moving motor vehicle, ride on the outside of the body of a moving motor vehicle, or ride on such a vehicle with his arms or legs protruding from the body of the vehicle, unless required to do so in the performance of his duties. This provision shall not apply to a tug which is not equipped with a seat. Section 1-2.5-38. Parking on airport movement area. (a) No person shall park any motor vehicle or motorized or other equipment on the Airport Movement Area in areas other than those designated as authorized by the Authority nor in any manner contrary to any posted regulatory signs, traffic control devices, pavement markings, etc. (b) No person shall park a motor vehicle or equipment on the Airport Movement Area so as to interefere with the use of a facility by others or prevent the passage or movement of aircraft, emergency vehicles, or other motor vehicles. (c) No person shall park a motor vehicle or equipment on the Airport Movement Area in such a manner as to interfere with or prevent an aircraft fueling vehicle from being readily driven away from such aircraft in the event of an emergency. Section 1-2.5-39. Motor vehicle accidents. (a) Any person operating a motor vehicle on the Airport Movement Area, who is involved in an accident resultinq in injury to any person or damaqe to any property, shall immediately stop Struck ~..~..~ passages are deleted. added -16- Underlined passages are such vehicle at the scene of such accident or as close thereto as possible, notify the St. Lucie County Sheriff's Department or the director, and shall then return to and remain at the scene of the accident until he has fulfilled the requirements of subsection 1- 2.5-39(b) following. Every such stop shall be made with the least possible obstruction of traffic. (b) Any person operating a motor vehicle on the Airport Movement Area, who is involved in an accident, as defined in subsection 1-2.5-39(a) above, and the owner of such vehicle, if other than the operator thereof, shall make a full report of such accident to the nearest law enforcement officer and to the director as soon after the accident as possible, including th~ names and addresses of the individuals involved, the registration and license number of the vehicle or vehicles involved, and such other information relevant to the accident on request of any law enforcement officer investigating the same; and the operator of any such motor vehicle involved in such accident shall, upon request, exhibit such licenses, registrations, or other documentm relevant to such accident or the persons or property involved to any officer investiqating the same. Section 1-2.5-40. Service and repair of motor vehicles on airport movement area. (a) No person shall service, clean, repair, maintain, or overhaul any motor vehicle or motorized or other equipment on the Airport Movement Area; except for immediate minimum repairs required to remove said vehicle from Airport Movement Area in the event of breakdown. BOOKU~U ............ ~h passages are deleted. added -17- Underlined passages are (b) No person shall fuel a motor vehicle or motorized equipment on the Airport Movement Area in any areas other than those established by the Authority. Section 1-2.5-41. Contractor's access and operations on the airport movement area. (a) Access to and egress from the site of construction located on the Airport Movement Area by motor vehicles, cranes, and other equipment belonging to or under the supervision of an airport contractor shall be gained only via routes through gates and at such times as may be established or approved by the director. Request for access to such sites shall be made to the director a minimum of twenty-four (24) hours in advance. (b) Construction equipment shall be operated and stored within the Airport Movement Area, in accordance with procedures established or approved by resolution of the Authority. Section 1-2.5-42. Vehicle and equipment condition and safety requirements. No person shall operate a motor vehicle or equipment on the Airport Movement Area unless such vehicle or equipment is in good operating condition and repair for a unit of its type and is equipped with at least the following safety equipment in fully operable condition: (a) Motor vehicle lights. (1) All motor vehicles operated on the Airport Movement Area, except motor vehicles designed for only one headlight, shall be equipped with two (2) headlights and one (1) or more red taillights and brake lights. Exception: tow tugs and other specialized ramp units which are standardly equipped with taillights only. For purposes of general guidelines, vehicles with four (4) wheels shall require dual headlights. o~ ' ~ ~ deleted .......... passages ~ ~-~ ~,,-~,, are . added -18- 636 BOOK Underlined passages are (2) All headlights and taillights shall be kept lighted between the hours of sunset and sunrise and at all times when passing through unlighted or poorly lighted areas. (3) Any motor vehicle, other than emergency vehicles, operating on runways or taxiways of the airport movement area shall display an amber overhead or rotating light at all times while so operating provided, however, that between the hours of sunrise and sunset a motor vehicle not so equipped may operate if such vehicle displays a checkered flag approved by the director. The use of red or blue flashing or rotating lights shall be limited to emergency vehicles only. (4) All motor vehicle liqhts shall be of sufficient brillance to assure safety in drivinq. (5) Ail baggage and cargo carts shall be equipped with reflectors or fluorescent tape material, two (2) each on the front, the rear and both sides of the cart. The reflectors shall be standard truck types. If fluorescent tape is used, each piece shall have a reflective surface of not less than fourteen (14) square inches. Reflectors or tape on the front and front sides shall be amber and on the rear and rear sides shall be red. (b) Motor vehicle brakes: (1) All motor vehicles operating on the Airport Movement Area shall be equipped with a properly functioning brakinq system, suitable for the specific type of equipment operated. (2) The operator of a motor vehicle on the Airport Movement Area shall test the brakes of such vehicle upon approaching an aircraft within such distance as necessary to avoid a collision with such aircraft in the event of brake failure. (c) Motor vehicle windows and mirrors: ^ 2525 50GKU~U (1) Every motor vehicle operating on the Airport Movement Area shall be equipped with at least one (1) mirror, so adjusted that the operator of such vehicle shall have a clear view of the road behind for a distance of at least two hundred (200) feet. (2) The windshield and other windows of a motor vehicle operating on the Airport Movement Area shall be free of cracks, blisters, discoloration, or any other defect causing distortion or obstruction of the vision of the operator thereof. Struck ~..-~..~ passages are deleted. added -19- Underlined passages are (3) The use or placing of posters, stickers, signs, or other objects on the windshield or other windows of a motor vehicle operating on the Airport Movement Area, other than those required by the Authority or by state and local law, is prohibited. (4) The vision of an operator of a motor vehicle on the Airport Movement Area shall not be obstructed by an extended superstructure or load. 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. PENALTIES Violation of this ordinance is a misdemeanor pursuant to Section 125.69, Florida Statutes, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to five hundred and 00/100 dollars ($500.00), or both such imprisonment and fine. ...... ~,. passages are deleted. added -20- Underlined passages are PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART H. Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jack Krieger Commissioner Jim Minix CODIFICATION. Aye Absent Aye Absent 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 H shall not be codified. Struck through passages are deleted. added -21- Underlined passages are PASSED AND DULY ADOPTED this 9th day of May, 1989. CLERK BOARD OF COUNTY COMMI.~SiONERS ST. LUCIE COUNTY,. FLORIDA APPROVED AS TO FORM AND .... CORRECTNESS'. A ~'~r~ COUNTY ~TTORNEY 966'S55 636 '89 HaY 17 ,q9:51 FILt~'£~, ANI3 RE'COP, ii_ ~ DOUGLAS DIXON CLL Si. LUCIE COUNTY, I-L,. Struck through passages are deleted. added -22- Underlined passages are 956704 OB~~ ~1;). 89.-32 ]~T ~ ~ ~ 1-6.5 '~ ~']~01~1~ C~ ~E~E~S, ~ ~ of ~ ~~i~ of ~. ~ie ~, Flori~, ~ ~ ~e foll~ ~~~: 1. ~ ~ ~ a~riz~, ~ ~ ~ ~5.01 ~ 190.005, Fla. ~t., ~ ~1~ ~~ ~~ ~i~ ~t ~ 1~ ~ 1,000 a~ ~ s~e ~ 1~~~~~ ~ of ~ ~. 2. ~. ~ie ~~ ~~ ~ f~ ~ ~ ~ a ~tion for ~e ~abl~ of a ~~ ~~ ~i~, ~ ~ition ~~ ~ ~~~ ~ ~ ~ ~90.005(~)(a), Fla. ~t. 3. ~. ~ie ~~ ~~ ~ ~d ~ ~e ~ ~e fil~ f~ ~~ ~ ~ ~0. 005 (1) (b) l, Fla. ~t. 4. ~a~~~ ~ 190.005(1)(d) ~ (2)~), ~a. ~., ~e~ h~d a~lic~~ ~~ 21, 1989, a~~l~~ of ~h~ ~ ~ ~ Pi~ ~ ~~ ~ F~~ 21 ~ 28, ~~ 7 ~ 14, 1989. 5. ~ ~ ~ ~id~ ~e ~ of ~ ~lic ~~ ~ ~e factors set forth in § 190.005(1)(e), Fla. Stat., and has found that (a) Ail statements contained within the petition are (b) true and correct; ~he creation of the district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local govezment comprehensive plan; oo 630 583 (c) The area of land within the proposed district is of sufficient size, is sufficiently cc~pact, and is sufficiently conti~ (d) ~%e m(~trict is the best alternative avm(lable for delivering c~mm~nity development servioes and facilities to the area that (e) ~he o~m~nity develc~ servioes and facilities of the district will be compatible with tb~ capacity and uses of facilities; and (f) ~he area that will be served by the d/strict is amenable to NOW, ~O~E, ~ 1T O~%INED by the Board of County O ..... 4 ~ioners of St. Lucie County, Florida: Sectiom 1-6.5-31. Establishe~. established. Section 1-6.5-32. ~es. ~he bour~mries of the Lake Lucie Cummunity Development District are as set forth in the legal description contained in the attached Exhibit A. ~he follc~ five persons are designated as the initial members of 630 584 the Board of Supervisors of the lake Lucie Ck~mmznity Development District: Richard ~-~T~r, Jchn Shortrid~e, William Center, Maurioe D. Snyder, and Susan Se~.io22 2-6.5-34. ~ Conditions. Ihe followin~ special conditicms shall apply to the creation, operatic~, and existence of the Lake Lucie C~u,.~nity Develc~a~_~ District: (a) ~ district will oonnect its sewer and water collection and dis~ribut2~ lines with those of any publicly ~ region] facility providing centralized sewer and water services, ar~ will dedicate or convey, witbx~tt cost, to St. Lucie Ccunty or such entity as the Board of CUunty Cu~missioners d/rects, all lines and lift statio~s, upon request of the Board, provi_~ed__ that (~) c~no~x~ntly with such request~ c=mection and dedication or o0~r~eyance fully permi~ sewer and water services are available to the ~trict fr~m a regional facility, and (2) by such dedication or oonv~ the d~crict will not be in default of or breach or abrogate any bond covenant, ~-e-~_nue pledge, or other contractual obligation. Prior to oonstruction of the sewer and water systems, the systems to facilitate ~on with any regis] water and sewer service or facility once such servioe becomes available to the d~trict. (b) If the d ~ ~crict develops and cc~-~ucts central sewer and water facilities and p~ovides such services within the d/strict 585 BOOKU~U PAGE boundaries, any nondistrict property constituting an enclave of the d~trict shall be affo ~r~ th~ o~ortunity to r~oeive such servioes at a rate or rates not greater than the fully allocated costs of providing such services. (c) The district will use its best efforts to develop in an integrat~d fashion the traffic circulation, water, and sewer facilities on the district property as one functional ~ B. C0~FLIUI~N~ PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated area~ of St. Lucie County, and adopted prior to January 1, 1969, County ordinanoes, and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. 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 sba] 1 be held to be inapplicable to any person, property, or circumstance, such holding sb~]l not affect its appli~bility to any other person, property, or c~. PA~T D. APPLI~. ~ ordinance shall be applicable as stated in Paragraph A. The Clerk is .hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Ad~in/strative O0de and Law~, Department of State, the Capitol, Tallahassee, Florida 32304. 4 ° oo 630 586 ~ or~nanoe shall take effect o~ April 1, 1989. P~ovisic~s of this ord~ shall be incorporated in the County Code and word, and the sections of this ordinance may be re,umbered or relettered to accomplish such intention; provided, hc~ever, that Parts B through H shall not After motion and second, the vote on t_his ordinance was as follows: Absent ~ ~~n~vert. LFenn Aye Commissioner Jack Krie~er Cu~issic~_r R. Dale Trefelner Cu~i~ Jim Minix D~LY PA~ED AND ADOPTED th/s 21st day of March, Absent 190ARD OF COUNTY ~IONEgS By: 587 BOOK uv~J PACE EXHIBIT A Lot U and a portion .of Lots 5,6 and 7, all in Block 3 in Soct£on 26, Towi~shil) 46 South, l(a,lUe 40 l.ktst, Sc. ~ucie County, florida, *I'OG~TIIER HI'I'll a[1 chat portion o~ the Northwest 1/4 o[ the Souchwes: 1/4 o~ said Section 26, if any, lying adjacent co and West of said Lots 7 and 8 and adjacent :o and North of :ha: per:ion of ~aid Lo: 7 concained wi:bin :he :oca~ parcel aa hereinafcur duscribed~ corner of ~h~ Sou~hwus[ 1/4 of ~aid Section 26, run :hence U9'42'05' E along :he Noruh line of :he Sou:hwes: 1/4 of maid Sec:ion 26, a dis:anco of 951.62 feet to a pein: on Weuterly righ:-of-way ~inu of U.~. Uighway No. 1; thence run S 27' 31' 37" E along said Westerly right-of-way line of a 200 foe: wide right-of-way for U.S. Highway No. 1 a distance of 22.61 feet; thence run N ~9' 42' 05" W parallel :o and 20 fee: Sou:h of the North line of the Southwest 1/4 of Section 26; thence run S 00'00'32" =, a dis:anco of 3~1.29 thence run S 62'20' 23" W, a disca~tcu of 20.U2 foot to ~hu S 31 09*0U' E, a distance of 622.74 feet; thence run S 2U' 20'~8" R, a dis=anco of 2~1.7U fue~; =hence run S 27' 26'47" ~, a dim=anco of 13~.~9 fee= to =he intersection of ~as=~rZy line of said A.U'. & T. eaumun= ~nd =ho Sou~b line 26, said inC~r,uc~io~ point being N BY' 41'14~ W o~ and 271.72 feet distant from =he Sou:heas: corner of said thence departing from the ~s~rly line of said A.T. & T. easement, run N 89'41'14" W along :he Sou~ ~ of the Northwest 1/4 of :he Southweu: 1/4 of said Section 26, being :he South line of said Lots 5,6 and U, a distance of 1~47.5U fee: ~o :ho Wes: line of said Suc:ion 26; thence run U2~6" E al. onE :h~ Wuu: ].i~,u of said Sec:ion 26, a distance of 1323.55 fuu~ ~u chu POINT OJ.' AND, That portion of the South 40 feet of the North 1/2 of Section 26, Township 36 South, Range 40 East, St. Lucie County, lying West of U.S. ilighway One; hi, SS AND EXCEPTING the West 320 feet thereof, AND, Lots 1 and 2 of Block 3 of Section 26, Township 36 South, Range 40 East, of subdivision untitled PLAT NO. 1 ST. LUCIE CAIID~NS; LESS AND EXCEI)TZNG the following parcel~: The West 330 feet, less the North 330 feet of Lo: 2; The North feet of the South 330 feet of the West 330 feet of Lot 1, AND, Lots l-B, inclusive of Block 4 of Section 26, Township 36 South, Range 40 East, of subdivision entitled PLAT NO. I ST. LUCIE GARDENS; LESS AND EXCEPTING the following pacels: Lot 3, less the North 1140 feet, thereof; The South 495 feet of the North 645 feet of Lot 3; The North 150 feet of Lot 4; The South 165 feet of the North 975 fee: of Lot 5: The East 330 feet, less the South 495 feet of Lot 7, 956'704 Lots 5-0, inclusive of Block ] of Section 25, Township 36 South, Range 40 East, of subdivision entitled PLAT NO. 1 ST. LUCIE GARDENS; LESS AND EXCEPTING the following parcels: The East 330 feet, less the North 495 feet of Loc 8; The North 165 feet of the South 330 feet. of the East 330 feet of Lot 630 '588 BOOK 95009 ORDINANCE NO. AN ORDINANCE AMENDING THE AND COMPLIED 89-34 CODE OF ORDINANCES LAWS OF ST. LUCIE COUNTY, FLORIDA, BY REPEALING SECTION 2-11-1 "FIREARMS; DISCHARGE NEAR DWELLINGS RESTRICTED", CREATING CHAPTER 1-7.8, "FIREARMS"; RESERVING SECTIONS 1-78.8-1 - 1- 7.8-15; CREATING SECTION 1-7.8-16, "USE OF FIREARMS PROHIBITED IN CERTAIN AREAS"; CREATING SECTION 1-7.8-12, "PENALTIES"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Chapter 65-2189, Laws of Florida, codified as Section 2-11-1, "Firearms; discharge near dwellings restricted" it is unlawful for any person to discharge a firearm within three hundred (300) yards of any dwelling without the permission of the occupant or owner of the dwelling within St. Lucie County. 2. The tremendous growth in population and housing which St. Lucie County has experienced since 1965, particularly in the eastern section of the County, has decreased the areas where a firearm may be lawfully discharged pursuant to Section 2-11-1, and has increased the likelihood of injury to County citizens from the discharge of firearms. 3. It is in the best interests of the health, safety and welfare of the citizens of St. Lucie County to prohibit the discharge of firearms in areas with high population density. Struck ~ ..... ~ passages are deleted added. -1- Underlined passages are NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. REPEAL OF SECTION 2-11-1. FIREARMS; DISCHARGE NEAR DWELLINGS RESTRICTED Section 2-11-1. "Firearms; discharge near dwellings restricted", of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby repealed as follows: within three h~,,d.~d (on,~ ~ = ~ ..... ~-- ~- St "-~C requiring the discharge of ='-ear.ns PART B. CREATING CHAPTER 1-7.8 FIREARMS Chapter 1-7.8, Firearms, of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby created as fol lows: Chapter 1-7.8. Firea~s Section 1-7.8-1 - 1.7.8-15. Reserved. Section 1-7.8-16. Use of Firearms Prohibited in Certain Areas (a) It is unlawful for any person to discharqe any firearm in St. Lucie County within the area east of the following described boundary: Struck ~ ..... ~ passages are deleted added. --2-- Underlined passages are 645 BOOK The intersection of Emerson Avenue and the Indian River County line, then south on Emerson Avenue to Indrio Road, then east on Indrio Road to Kings Highway, then south on Kings Highway to the Florida Turnpike, then south along the Florida Turnpike to the Martin County line. (b) It is unlawful for any person to discharqe any firearm within three hundred (300) yards of the center line of any public road or right-of-way or of any dwelling or occupied building without prior permission of the occupant or owner of the dwelling or buildinq. (c) This section shall not apply to a person lawfully defending his life or property or performing official duties requiring the discharge of firearms. Section 1-7.8-17. Penalties Violation of this ordinance is a misdemeanor pursuant to Section 125.69, Florida Statutes, and is punishable under such section by imprisonment for up to sixty (60) days, or a fine of up to five hundred and 0/100 dollars ($500.00) or both such imprisonment and fine. 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. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property. ~°~" ~.,~..~ passages are deleted. Underlined passages are added. -3- OR oo 645 [283g PART E. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County's jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect on August 1, 1989. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Jack Krieger CODIFICATION. Aye Aye Absent Absent 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 G shall not be codified. Struck ~ ..... ~ passages are deleted added. --4-- Underlined passages are 645 5001~ PASSED AND DULY ADOPTED this llth day of July, 1989z HTTEST: BOARD OF COUNTY COM~I'~.,SS,,~,?N~ERS ST. LUCIE COUNTY, ,,F~0RIDA BY: ~.,i~ ~ APPROVED AS TO FOI~. 'AND CORRECTNESS: '~7, ~NEY 980094 Struck through passages are deleted. added. --5-- o, 645 8001~ ORDINANCE NO.' 89-36 File No.: PA-89-001 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE WEST SIDE OF NORTH US #1, OPPOSITE NACO ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CH (COMMERCAL HIGHWAY), MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVE~ABI LI PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Rudy Andrae presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RM (MEDIUM DENSITY RESIDENTIAL) TO CH (COMMERCAL HIGHWAY), for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on March 23, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (5~0') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RM (MEDIUM DENSITY RESIDENTIAL) TO CH (COMMERCAL HIGHWAY),for the property described below. 3. The Board held a public hearing on April 25, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on April 5, 1989. NOW, THEREFORE Bw. IT O~DAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: THE WEST 400 FEET OF THE FOLLOWING DEscRIBED PROPERTY, THE NORTH 361.3 FEET OF THE SOUTH 1011.3 FEET OF THE NORTHEAST 1/4 L~ING WEST OF US ~1, S33, T34S, R40E, - LESS THE WEST 40 FEET. owned by Bi!lie & J. Riedel Reynolds, be, and the same is hereby changed from RM (MEDIUM DENSIT~ RESIDENTIAL) TO CH (COMMERCAL HI GHWA~). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie] County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. °*' 634 ~OOK D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITT. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. ao F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. ~ILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. M. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne 500K Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger ABSENT Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 25th day of April, 1989. 89-036 PLANAM(a) BOARD OF COUNTY COMMI ST. LUCIE COUNTY, BY: APPROVED AS TO FoR~ COUNTY ATTO ~ , , , ~ ~TTO~EY/ DOUGLAS ST. LUCti/ ~..(,L. NTY, FL BOOK U~"'J: 975129 ORDINANCE NO.: 89-38 FILE NO.: PA-89-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE EAST SIDE OF SOUTH US %1, 600 FEET EAST OF SOUTH US 91, SOUTH OF INDIAN RIVER ESTATES, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RL (RESIDENTIAL LOW) TO CG (COMMERCIAL GENERAL) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. STS Properties presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Residential Low) to CG (Commercial General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on April 27, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Residential Low) to CG (Commercial General) for the property described below. 3. The Board held a public hearing on May 23, 1989, after publishing notice of such hearing in the Ft. Pierce News 642 BO0~ Tribune on May 3, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: THE WEST 212 FEET OF THE NORTH 1/2 OF LOT 6, BLOCK 1, MODEL LAND COMPANY S/D, SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 41, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. owned by STS Properties, be, and the same is hereby changed from RL (Residential Low) to CG (Commercial General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. oo §42 D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY, If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this BOOK ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Vice-Chairman Havert Fenn Commissioner R. Dale Trefelner Commissioner Jack Krieger Commissioner Jim Minix AYE ABSENT AYE ABSENT AYE PASSED AND DULY ADOPTED this 23rd day of May, 1989. BOARD OF COUNTY COMMI SSI ONER~-- 89-038 '§9 JUN 23 A8 :ti PLAN-AM ( a ) SI,[(~" ~'~N! ~, BY: APPROVED AS TO FORM AND~: C~RRBCTNESS: /5 ' COUNTY 642 c 2254 BOOK 9'94398 ORDINANCE NO. 89-39 AN ORDINANCE REQUIRING THE FLUORIDATION OF ALL WATER SYSTEMS WITHIN ST. LUCIE COUNTY WITH A DESIGN CAPACITY OF ONE MILLION GALLONS OR MORE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Present evidence supported by the Surgeon General of the United States and Florida Department of Health and Rehabilitative Services indicates that fluoridation of public water supplies ., ~.-~,~'~ under adequate control will result in a significant reduction in tooth decay among both children and adults in communities utilizing this water treatment process, and that no harmful effects from this treatment have been demonstrated. 2. Sections 125.01 (e), Florida Statutes, authorizes the Board of County Commissioners to provide health and welfare services. 3. Section 125.01 (k), Florida Statutes, authorizes the Board of County Commissioners to provide and regulate water supply programs. 4. Article VIII, Section 1 (f) of the Florida Constitution authorizes the Board to adopt an ordinance which would be effective countywide, not 3ust within the unincorporated area of the County. 5. Since water systems may have customers both in the unincorporated area and the incorporated areas, it is in the best Struck ~,,~,,~ passages are deleted. Underlined passa~s~are.~ added. -1- 7 r.. . 931 655 interest of the citizens throughout St. Lucie County, that all water systems with a design capacity of one million gallons or more which are deficient in fluoride within both the incorporated and unincorporated areas of St. Lucie County be required to supply the proper amount of fluoride. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-20.5 (WATER AND SEWER) Chapter 1-20.5 (Water and Sewer) of the St. Lucie County Code of Ordinances, is hereby amended by adding Article II. Fluoridation of Water Systems which shall read as follows: ARTICLE II. FLUORIDATION OF WATER SYSTEMS Section 1-20.5-30 Definitions. As used in this article, the followinq terms shall have tha indicated meanings: Person. Any individual, corporation, governmental agency, business, trust, estate, partnership, association, or any other leqal entity. Water system. A system for the provision to the public of piped water for human consumption, whether privately or publicly owned. Section 1-20.5-31 Fluoridation Requirement~ By October 1, 1990, any person having .jurisdiction over s water system with a desiqn capacity of one million gallons or more within the boundaries of St. Lucie County which does not have a natural fluoride level of .8 milligrams per liter shall Struck through passages are deleted. added. -2- Underlined passages are 655 BOOK apply fluorides to the system in compliance with the requirements of the Department of Environmental Regulation contained in Sections 17-555.325, 17-555.520, 17-550.310, and 17-550.320, Florida Administrative Code, or as those sections may hereinafter be amended. 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 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. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County's jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. Struck through passages are deleted. added. -3- Underlined passages are BO01~ u~,J PART F. EFFECTIVE DATE. This ordinance shall take effect on October 1, 1989. PART G. ADOPTION. After motion and follows: second the vote on this ordinance was as PART H. Chairman Judy Culpepper AYE Vice Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County, Florida, this 12th day of September, 1989. ...... through passages are deleted. added. -4- Underlined passages are 655 P^ 1934 BOOK ERK. BOARD OF COUNTY COMMISSION~[$',L.~. ~PPROVgD ~S TO FOR~ CORRECTNESS ASSi~TAN~ COONTY AT~RNEY Struck through passages are deleted. added. -5- Underlined passages are ~oo~ 655 ORDINANCE NO. 89-40 AN ORDINANCE AMENDING SECTION 3.3.112(2) OF ST. LUCIE C0UNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) TO ADD CHILD CARE FACILITIES AS A PERMITTED USE IN THE CG, COMMERCIAL GENERAL ZONING DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 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. In July, 1987, this Board amended Section 2.2.000 of the St. Lucie County Zoning Ordinance to specifically identify and define Child Care Facilities. 3. In order for Child Care Facilities to be allowed under Permitted Uses in CG, Commercial General Zoning Districts, it is necessary to amend Section 3.3.112(2) of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances). 4. On July 27, 1989, the St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission held a public hearing, due notice of which had been published at least fifteen (15) days in advance, to consider amending the text of the St. Lucie County Zoning Ordinance, as set out in this ordinance. ...... through passages are deleted. added. --1-- Underlined passages are 653 500~ 5. The St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission have recommended that the Board approve the proposed amendment. 6. On August 22, 1989, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice of that hearing in the Fort Pierce News Tribune on August 3, 1989. 7. This Board believes that passage of the proposed zoning text amendment is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 3.3.112(2) PERMITTED USES (CG COMMERCIAL GENERAL) Section 3.3.112(2), Permitted Uses (CG Commercial General) of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby amended to read as follows: Section 3.3.112. CG Commercial, General. (2) Permitted Uses: (a) (b) (c) (d) (e) (f) (h) (i) Accounting, auditin9 and bookkeeping services. Advertisin9 services. Amphitheaters. Animal hospital services. Apparel repair, alteration and cleaning pick-up services; shoe repair services. Arcades (video and mechanical). Armature rewinding services. Automobile and truck rental services. Beauty and barber services. Business associations. o~ .... '- ~ ..... ~ passages are deleted. added. --2-- Underlined passages are P 2101 BOOK U~; (k) (1) (m) (n) (9) (~) {-p+ (c~) (11) (mm) (nn) (oo) (Pp) (qq) (~) (88) (ee) ~j (UU) , ~, (vv) Business and management consulting services. Bowling. Child Care Facilities Civic, social and fraternal associations. Commercial printing. Consumer and mercantile credit reporting services; adjustment and collection services. Contract construction services (office and interior storage only). Cultural activities and nature exhibitions. Dental laboratory services. Dental services. Detective and protective services. Docks and boathouses (private). Drive-in movies. Duplicating, mailing and stenographic services. Eating places. Educational and scientific research services. Electrical repair services. Employment services. Engineering and architectural services. Equipment rental and leasing services. Executive legislative and judicial functions. Financial, insurance and real estate services. Funeral and crematory services. Gasoline service stations. Golf driving ranges. Highway and street rights-of-way. Household goods warehousing and storage, mini- warehouses. Ice skating. Labor unions and similar labor organizations. Laundering, dry cleaning and dyeing services. Legal services. Legitimate theaters. Medical clinic, outpatient services. Medical laboratory services. Miniature golf. Mobile food vendors (eating places, fruits and vegetables - retail). Motion picture theaters. Motor vehicle repair services (excluding body repair). Motor vehicle parking. Motor vehicle wash services. News syndicate services. Parks. Photofinishing services. Photographic services (including commercial). Physicians' services. Playgrounds and athletic areas. Struck ~,,~u~,,~ passages are deleted. added. --3-- Underlined passages are 653 ^ 2102 BOOK ( rrr ) (fff) (ggg) (hhh) (iii) (jjj) (kkk) (lll) (mmm) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) (xxv) (xxvi) (xxvii) (xxviii) (xxix) (xxx) (xxxi) (xxxii) (nnn) (ooo) (PPP) (qqq) (rrr) (sss) (ttt) Postal services. Professional membership organizations. Protective functions and their related activities. Racquet sports. Radio and television repair services. Radio and television broadcasting studios, (only combined systems). Radio broadcasting studios (only). Research, development and testing services. Retail trade: (i) Antiques. (ii) Apparel and accessories. (iii) Automotive, marine craft, and accessories. (iv) Bakeries. (v) Books and stationery., (vi) Building materials, hardware and farm equipment. Cameras and photographic supplies. Candy, nuts and confectionery. Ceramics and pottery. Dairy products. Department stores. Direct selling organizations. Drugs and proprietary. Dry goods and general merchandise. Eggs and poultry. Farm and garden supplies. Fish and seafoods. Florists. Fruits and vegetables. Furniture, home furnishings and equipment. General stores. Gifts, novelties and souvenirs. Groceries (with or without meat). Jewelry,. Limited price variety stores. Mail order houses. Meats. Newspapers and magazines. Optical goods. Secondhand merchandise. Sporting goods and bicycles. Tobacco products. Reupholstery and furniture repair service. Roller skating. Special training and schooling. Swimming areas. Taxicab transportation. Telegraph message centers. Telegraph (only). transmitting and receiving stations Struck through passages are deleted. added. --4-- Underlined passages are 653 BO0i~ (ttt) (uuu) ' ...... ' (wv) ' ...... ' (www) ,...,' ...... ' (xxx) +yy~ (zzz) ~, (aaaa) -(-ea-a-a~(bbbb) Telephone exchange stations. Telephone relay towers (microwave). Television broadcasting studios (only). Trading stamp services. Transportation ticket services. Travel arranging services. Urban planning services. Veterinarian services. .... ,(cccc) Watch, clock and jewelry repair services. .... ,(dddd) Welfare and charitable services. 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. 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 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. Struck through passages are deleted. added. Underlined passages are 653 BO01~ PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice Chairman Havert L. Fenn ABSENT Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix 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, that Parts B through G shall not be codified. ~';.'~ ~ SED AND DULY ADOPTED this ~:' ATT~T :' DEPUTY CLERK 9' 1S05 '8? SEP 11 A9:46 cZ/ FILED '" ar~~Nde,l'eted. Struck ~,,~,,~ pa~a~es~. added. --6-- 22nd day of August, 1989~' ,. ' ST. LUCIE COUNTY, ~o~ ~8 TO ~O~Nn COUN~~EY Underline~ are passages °* 653 BOOK %OO0919 ORDINANCE NO. 89-41 T0ml$ /~/ _ ~ ORDINANCE ~MENDING SECTION 5.1.100(2) (PUBLICATION), AND SECTION 5.3.600(1)(b) (ACTION BY BOARD OF COUNTY COMMISSIONERS), BY DELETING THE DISTINCTION BETWEEN PROCEDURES AFFECTING LESS THAN FIVE PERCENT OF THE LAND IN THE UNINCORPORATED AREAS AND MORE THAN FIVE PERCENT OF THE LAND IN THE UNINCORPORATED AREAS; AMENDING SECTION 5.1.100(5) (POSTING OF NOTICE) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) PROVIDING THAT THE COMMUNITY DEVELOPMENT DIRECTOR POST THE REQUIRED NOTICE AND PROVIDE AN AFFIDAVIT, AND AMENDING INFORMATION TO BE CONTAINED IN SUCH NOTICE; AMENDING SECTION 5.1.100, SECTION 5.1.200, SECTION 5.1.300, SECTION 5.1.400, SECTION 5.1.500, SECTION 5.1.600, SECTION 5.1.700, SECTION 5.1.800, SECTION 5.2.000, SECTION 5.3.400, SECTION 5.3.600, SECTION 5.4.410, SECTION 5.4.420, SECTION 5.4.430, SECTION 5.4.440, SECTION 5.4.500, SECTION 5.5.400, SECTION 5.5.500, SECTION 5.6.300, SECTION 5.6.400, AND SECTION 5.6.500 TO CHANGE THE NAME OF THE DEVELOPMENT COORDINATOR TO COMMUNITY DEVELOPMENT DIRECTOR THROUGHOUT FOR CONSISTENCY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. 'Fee $ / ~/ _ DOUGLAS DIXON Aaa Fee $ St. Lucie County Doc Tax $ Clerk of Circuit Court ;nt Tax $ By d~3 Deputy Clerk WHEREAS, 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. In order to change the zoning ordinance to have one publication procedure which under the present zoning ordinance Struck through passages are deleted. added. -1- Underlined passages are distinguishes between procedures effecting less than five percent of the land in the unincorporated areas and more than five percent of the land in the unincorporated areas; in order to require the Community Development Director to post the required notice and provide an affidavit rather than the petitioner, and to include additional information to be contained in such notice; and in order to change the title of the Development Coordinator to Community Development Director throughout Section 5.0.000 (Administrative Regulation), this Board believes that it is in the best interest of the citizens of St. Lucie County to amend Appendix A of the St. Lucie County Code of Ordinances. 3. On XX, 1989, the St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission held a public hearing, due notice of which had been published at least fifteen (15) days in advance, to consider amending the text of the St. Lucie County Zoning Ordinance, as set out in this ordinance. 4. The St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission have recommended that the Board approve the proposed amendment. 5. On XX, 1989, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice of that hearing in the Fort Pierce News Tribune on XX, 1989. 6. This Board believes that passage of the proposed zoning text amendment is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida. Struck ~,,~,,~ passages are deleted. Underlined passages are added. 660 070 ~00~ NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 5.0.000 (ADMINISTRATIVE REGULATION) OF APPENDIX A OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Section 5.0.000 (Administrative Regulation) of Appendix A of the Code of Ordinances of St. Lucie County, Florida is hereby amended as follows: SECTION 5.0.000. ADMINISTRATIVE REGULATION Section 5.1.000. Procedures of General Applicability. Section 5.1.100. Notice. Notice of all public hearings which are required by a provision of this ordinance shall be given as follows, unless expressly stated otherwise: (1) Content of notice. Every required 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. Struck ~,.~.,~ passages are deleted. added. -3- Underlined passages are 660 071 BOOK . (2) Publication. follows: Publication of the notice shall be as Notice of all public hearings of amendments to the official zoning atlas ~-~ ~--~-- AA I~SS ~ ~''~ ...... county, applications for planned unit developments, applications for conditional use approval, applications for major adjustment to a conditional use, applications for variances, applications 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 advertised in a newspaper of general circulation in St. Lucie County not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing, excluding Sundays and legal holidays. ~°~" ~,,~,,~ passages are deleted. added. --4-- Underlined passages are 072 oo, 660 Nvt~ of the ~d ........ t~tiv~ ~ff .... 1 - th~ coun - ;-- - ~, ~ ............. total (3) Public Inspection. A copy of the notice of public hearing shall be available in the office of the ity development director ~ during commun regular business hours. (4) Mail· Mailing notice to specific real property owners shall be as follows: (a) ~endments and applications that affect less than five (5) per cent of land. In addition to the publication requirements in Section 5.1. 100(2)~, in the case of a public hearing regarding an Struck through passages are deleted. added. -5- Underlined passages are 660 073 BOOK amendment to the official zoning atlas that applies to less than five (5) per cent of the land in the unincorporated area of the county, applications for planned unit developments, applications for conditional use approval, and applications for variances, applications requesting a Class A mobile home be defined as a detached single-family dwelling unit, notice shall also be provided by the community development director ~ by mail to all property owners who own real property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll, and to all property owners who own real property within five hundred (500) feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls, nor 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 land. An amendment to the official zoning atlas or an amendment to the text of this ordinance that affects five (5) per cent or more land in the county's 3urisdiction does not require notice by mail. Struck ~ ..... ~ passages are deleted added. -6- Underlined passages are °" 660 07t ~00~( (5) Posting of notice: (a) After an application has been filed for an amendment to the official zoning atlas, for a planned unit development, for conditional use approval, for a ma,jot adjustment to a conditional use, for a variance or requesting a Class A mobile home to be defined as a detached single family dwellin unit = ........ ............ ~ community development director shall ~ post a sign or signs on the property concerned. The siqn or signs shall not be less than ten (10) square feet in size and located where, in the judgment of the department, the sign or signs would be in the pi ~ypl most cons cuous ace ~ ~, ..~t~ to the passing public which shall contain the following information: (i) Present zoning classification; and request rezoning (ii) Conditional use information, if applicable; ( iii ) Class "A" mobile home information, if applicable, and (iv) Dates of scheduled hearings. The sign or signs shall be posted not less than fifteen (15) days prior to the public hearing. Thm County will only be responsible for erection of the sign or signs. Struck =~ ..... ~ passages are deleted added. -?- Underlined passages are 075 (b) The ~ community development director shall also provide e~ a signed and notarized affidavit ~__A~ ~.. ~A _~~_A_ ~-~ .... ~ ~-A~ stating that the notice was posted at the initiation of the advertising period. Failure to maintain a conspicuous notice on the property shall not affect any change or amendment of said zoning ordinance. Section 5.1.200. Hearing Procedures. (1) Setting the hearing. When the community development .... ~--~- determines that an application for an director ~ 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 for a major adjustment to a conditional use, 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 administrative appeal has been filed, he shall notify the appropriate decision making body so that a public hearing may be set and notice in accordance with the provisions of this ordinance. (2) Examination and copying of application and other documents. Any time after the provision of notice, as required by this ordinance in Section 5.1.100, any person, upon reasonable request, may examine the application or petition in question, and the material submitted in support or opposition to the Struck ~,,~,,~ passages are deleted. added. -8- Underlined passages are 660 076 BOOK application or petition in the office of the community development director~~.~-~-~ during regular business hours. Any person shall be entitled to obtain copies of the application or petition and other materials upon reasonable request and payment of a fee to cover the actual costs of providing such copies. (3) Conduct of the hearing: (a) Rights of all persons. Any person may appear at a public hearing, or may be represented by counsel 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. (b) Continuance of hearing. The body conducting the hearing may continue the hearing to a fixed date, time, and place. (4) Record of the hearing: (a) Record: (i) The transcript of testimony, when and if available, the minutes of the secretary, all applications, exhibits, documents, materials, and papers submitted in any proceeding before the decision making body, the report of the community development director ~ or a member of his staff, and the decision and report of the decision making body shall constitute the record. ~°~" ~..~..~ passages are deleted. added. -9- Underlined passages are 077 (ii) The body conducting the hearing shall record the proceedings by any appropriate means; upon request of any person to the community development director ....~--~-- 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 ity ~ ~ the commun development director .... ~ .... (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 community development director ....~- ~ (b) Reserved. (5) Action by decision making body. The decision making body shall render its decision within a reasonable time. (6) Notification. Notification of the final decision of an application shall be mailed to all parties. decision shall be filed in the office development director coordinator. A copy of the final of the community (7) Reconsideration of action: Board 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 (5) commissioners are present; and (ii) On any decision other than that described in Section 5.1.200(7)(a)(i), a motion to reconsider 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. Struck through passages are deleted. added. -10- Underlined passages are 660 078 BOOK (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 decision making 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. Notice: (c) Action on a question pending reconsideration must follow the notice provisions in Section 5.1.100. Section 5.1.300. Site Plan Review. (3) S~t~ Plan T~chnlcal St. Lucie Development Review Committee. The ~t~-~ ..... ~.~ technical St. Lucie Development R~eview C_eommittee shall include representatives for the community ~ ty gi development director~~..~-~-~, the coun en neet, and the St. Lucie County - Fort Pierce Fire Prevention Bureau, as necessary, and such other offices as the community development .... =--~-- shall deem appropriate director ~ (4) Site plan requirements. The site plan shall include the following plans, designs, specifications, and information: (a) General project information: (i) For residential projects this shall include: m. Any other information deemed necessary by the ity d ~ ~ commun evelopment director~~..~- ~ for the reasonable review of the proposed development. Struck ~ ..... ~ passages are deleted added. -11- Underlined passages are 079 (ii) For nonresidential development this shall include: m. Any other information deemed necessary by the community development director ~ for the reasonable review of the proposed development. (b) Site plan drawings. All site plan detail sheets shall be submitted on a sheet size of twenty-four (24) inches by thirty-six (36) inches and at a scale no smaller than one (1) inch equals fifty (50) feet. For large projects a smaller scale generalized plot plan may be submitted as a cover sheet, however, detail sheets will be required. Detail sheets shall include the following information: (xvi) Any other information deemed necessary by the community development director coordinator for the reasonable review of the proposed development. Transportation impact report: For any use not specifically mentioned above, the threshold shall be the same as that for the use that is most similar to the unmentioned use. Such determination shall be made by the community development director (iv) Traffic Study and Traffic Data Inventory and File. The community development director ~ shall keep a file of all traffic studies, including the capacity allocated 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 Struck ~ ..... ~ ...... ~ passages are deleted. added. -12- Underlined passages are O oo 660 080 exists and is available in order to prevent duplication. (7) Modification of site plan: (b) The community development director coordinator may authorize minor adjustments to an approved site plan. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan and this ordinance and shall be the minimum necessary to overcome the particular difficulty. Such minor adjustments shall not: (i) (ii) (iii) (iv) Change the use or character of the development. Increase the overall coverage or height of structures by more than ten (10) per cent. Reduce the approved open space or increase the impervious surface by more than ten (10) per cent. Increase 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 until a completed application form and filing fee have been received by the community development director (8) Procedures: (a) Application for site development plan approval. Ail applications for site plan approval shall be submitted to the community development director~~,~ ~ in Struck ~ ..... ~ ...... ~ passages are deleted. added. -13- Underlined passages are ° oo 660 081 accordance with the provisions of this section. application shall be deemed to be officially filed until all information provisions of this subsection has accompanied by a nonrefundable fee schedule established by resolution of the board of county commissioners. No complete and required by the been submitted, according to a (b) Review by the community development director. (i) Within twenty (20) days after submission of the application for site plan approval, the community development director .... d .... to~ shall review the application and determine if it is complete. If the community development director coordinator determines that the application is not complete, he shall send a written statement specifying the deficiencies to the applicant by mail. The ity ~ ~ commun development director~u~ .... ~.~ ....~ shall take no further action unless the deficiencies are remedied. (ii) When the community development director .... d .... t~ determines that the application for site plan approval is complete, theo~-~ ..... ~ t~h~c~l~- -~ ~ St. Lucie Development R~eview C_~ommittee shall review the application, make a report, and notify the board of county commissioners that the application is ready to review. (c) Review and action by the board of county commissioners: (iv) Notification of the board of county commissioners' decision shall be mailed to the applicant and filed with the office of the community development director ~ in accordance with Section 5.1.200(6). Section 5.1.400. Filing of Applications. Ail applications and plans required under the provisions of this ordinance shall be filed with the community development ~°~" ~~ passages are deleted. added. -14- Underlined passages are 660 082 ~,OOK director .... ~ ~ ......... unless otherwise specified. No application shall be deemed to be complete and therefore officially accepted until all information required by this ordinance has been submitted. Any decision by the community development director ....~--~-- 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 Zoning Compliance. (1) Authority. The community development director coordinator is authorized to issue a certificate of zoning compliance that a proposed development complies with the provisions of this ordinance. (4) Procedure: (a) Upon application for a building permit or a sign permit the community development director ~ shall determine whether such application complies with the provisions of this ordinance and the St. Lucie County Comprehensive Plan. (b)If the community development director determines the proposed development complies with the provisions of this ordinance and the St. Lucie County Comprehensive Plan, he shall issue a certificate of zoning compliance. (c) If the community development director coordinator determines that the proposed development does not comply with the provisions of this ordinance, the application ...... ~,, passages are deleted. added. -15- Underlined passages are ° '660 083 BOOK 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. Section 5.1.600. Sewage Compliance. (1) Effect. A certificate of zoning compliance shall not be issued by the community development director~~,~--A~A--~ for a proposed development until either the St. Lucie County Health Department or the Florida Department of Environmental Regulation has approved a method of sewage disposal for that development. Section 5.1.700. Building Permit. The erection, alteration, or reconstruction of any building or structure shall not be commenced without obtaining a building permit from the community development director~~,~--~-~. 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 structure has been filed, the community development director ....~-~-- 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. Sign Permit. The erection, alteration, reconstruction or conversion of any sign shall not be commenced without obtaining a sign permit ~°~'- through passages are deleted. added. -16- Underlined passages are 660 084 I~001~ from the community development director~~..~=-~A-~. No sign permit shall be issued for development without a certificate of zoning compliance. Section 5.2.000. Development Permitted as of Right. (1) Application. An applicant seeking approval of his proposed development for a use permitted as 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 accordance 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 community development director (2) Action on the application. If the community development director coordinator determines that the proposed development has been issued a certificate of zoning compliance, and the proposed development complies with all other requirements of the St. Lucie County Comprehensive Plan and all other applicable county ordinances, he shall issue the permit. Section 5.3.400. Procedures. (1) Proposal by the board of county commissioners or the planning and zoning commission. 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 community development director .... d .... t~ for application. Any interested party may request that the board of county commissioners or the planning and zoning commission initiate such an application. Struck ...... ~ passages are deleted. added. -17- Underlined passages are 660 085 BOOK (2) Proposals by others. Any person desiring to apply to the board of county commissioners for an amendment to the text of this ordinance or an amendment to the official zoning atlas shall submit an application to the community development director ....~_~A_ 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. An applicant may withdraw the application at any time prior to the commencement of the public hearing before the board of county commissioners, and may withdraw the application thereafter only upon an affirmative vote of a majority of the board. (3) Application. The application shall include the following information: (h) Such other information or documentation as the community development director coordinator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application. (4) Submission to the community development director ....-A~--d~---t~--. 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 zoning atlas is submitted, the community development director coordinator shall determine whether the application is complete. If the community development director coordinator determines the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Struck ~,,~,,~ passages are deleted. added. -18- Underlined passages are 0S6 oo 660 ~ -~-- shall take no further community development director .... ~- action on the application unless the deficiencies are remedied. (5) Review by planning and community development director .... ity .... ~- ....~ ~ When the commun development director ~ -~-- determines an application for an amendment 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 notify the planning and zoning commission that the application is complete. Section 5.3.600. Action by Board of County Commissioners. (1) (a) Upon receipt of the recommendation of the planning and zoning commission, the 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 accordance with the requirements of Section 5.1.100. ...... coun , ~,,~ b~d -~ ~ ' ' ahall hold two ~ ~--~ ~-~ ............. ~ ............. ~ ..... h~Id after 5:nn~ p.m. ~,.-- u ...... =. All ~-~,,~ aAmendments_ 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. Struck through passages are deleted. added. -19- Underlined passages are 087 (c) 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 in Section 5.3.300. (2) 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 proposed amendment. (3) 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 community development director coordinator in accordance with Section 5.1.200(6). Section 5.4.410. Pre-Application Conference. An application for conditional use is initiated by requestinG, in writinG, a preapplication conference with the community development director~~..~ ~-~. 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 community development director~~-~-~ shall schedule a pre-application conference between himself, the applicant, and any other official of other relevant county departments. ~ruc~ through passages are deleted. added. -20- Underlined passages are 088 oo 660 Section 5.4.420. (1) Filing. applicant for Filing Application for Conditional Use Permit: After the pre-application conference, an a conditional use permit shall submit an application to the community development director 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. If, in accordance with Section 3.3.000, the specific conditional use applied for requires site plan approval, the applicant shall submit a site plan meeting the requirements of Section 5.1.300 of this ordinance. If, in accordance with Section 3.3.000, the specific conditional use applied for does not require site plan approval, the applicant shall submit a written statement of proposed use including, but not limited to the nature of the use and the proposed improvements to the site. Conditional use applications shall include a site plan if the proposed use would be located in whole or in part in a one-hundred-year floodplain or on North or South Hutchinson Island. Applications for conditional use approval shall include such other information or documentation as the community development director coordinator deems necessary for the full and proper consideration and disposition of the application. (2) Review by community development director (a) Within twenty (20) days after an application for conditional use approval is submitted, the community development director coordinator shall ...... through passages are deleted. added. -21- Underlined passages are 660 089 ~OOK (b) determine whether the application is complete. If ity the commun development director determines that the application is not complete, he shall send a written statement specifying the deficiencies to the applicant by mail. The community development director ~ shall take no further action on the application unless the deficiencies are remedied. When the commun development director 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 ready to review. Section 5.4.430. Hearing and Action Commission. by Planning and Zoning (2) Review. In reviewing the conditional use application, the planning and zoning commission shall consider the report of ity ~ the commun development director~~--~--~, shall determine whether the proposed use meets the standards in Section 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. Lucia 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. Struck ~ ..... ~ ...... ~.. passages are deleted. added. -22- Underlined passages are 090 Section 5.4.440. Hearing and Action by Board of County Commissioners. (2) Review. In reviewing the application, the board of county commissioners shall consider the report of the community development director~~..~-~A-~ and the recommendation of the planning and zoning commission; 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. Lucie County Growth Management Policy Plan, and any other applicable county ordinance. The board may require certain conditions be met before approval of the application. (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 community development director~ .... ~.,~-~-~ in accordance with Section 5.1.200(6). Section 5.4.500. Development and Adjustment of an Approved or Existing Conditional Use. (2) Adjustments to an approved or existing conditional use. Adjustments to a conditional use may be permitted as follows: (a) Minor adjustments. .... : ~ shall conditional use. The community development director authorize minor ad3ustments to a Such minor ad3ustments shall be consistent with the intent and purpose of the St. Lucie County Growth Management Policy Plan, this ordinance, and the conditional use as approved or existing, and ...... ~,. passages are deleted. added. -23- Underlined passages are 660 0§1 BOOK (ii) (iii) (iv) shall be the minimum necessary. Such minor adjustments shall be limited to the following: (i) AlterinG the bulk of any one (1) structure by not more than ten (10) per cent. 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. 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) per cent or reducinG the yard area or open space associated with any single structure by not more than five (5) per cent. AlterinG the location, type, or quality of landscapinG elements. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. (vi) (3) Inspections conditional use: (a) Inspections during development of an approved by community development director Following approval of a conditional use, the community development director coordinator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved Struck added. through passages are deleted. -24- Underlined passages are 660 092 BOOK conditional use and with the approved development schedule, if applicable. (b) Action by community development director ~. If the community development director~~,,~-~-~ finds that development is not proceeding in accordance with the approved schedule, or that it fails 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 community development director .... d .... t~r, the board of county commissioners shall determine whether development of the conditional use is proceeding in accordance with the approved 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 approved conditional use. (4) Inspections after development: (a) Inspection by community development director ~. Following completion of the development of a conditional use, the community development director ............ shall review the development as completed Struck through passages are deleted. added. -25- Underlined passages are 660 093 and determine if it complies with the approved conditional use. (b) Action by community development director .... ~-~-- ity ~ If the commun development director~vv~..=~--~--~ 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. (c) Action by board of county commissioners. Within thirty (30) days following notification by the community development director 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. Section 5.5.400. Procedures for Application. (1) Application. An application for a variance shall be filed with the community development director 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 be in such form and shall contain such information and documentation as shall be prescribed from time to time by the community Struck ~..~,.~ passages are deleted. added. -26- Underlined passages are 094 development director~~,,~'--~A-~ and shall contain at least the Name and address of applicant. 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. Except for nonresidential accessory structures in AR-1 and AG, if the application is for one hundred (100) per cent variance from road frontage requirements, proof of recorded legal access shall be furnished with the application. (e) The purpose for the requested variance and a statement of the intended development of property if the variance is granted. (f) A statement of the hardship imposed on the applicant of 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 subject property is located; a following: (a) (b) Struck ~ ..... ~ ...... ~., passages are deleted. added. -27- Underlined passages are 660 095 ~00~ statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood; a statement 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. Lucie County Comprehensive Plan. (2) Filing an application for approval of a variance. Within twenty (20) days after an application for approval of a variance is submitted, the community development director ~~,,~-~A-~ shall determine whether the application is complete. If the community development director .... d .... t~ determines that the application is statement specifying applicant by mail. not complete, he shall send a written the application's deficiencies to the The community development director .... ~--~- shall take no further action on the application unless the deficiencies are remedied. (3) Review by the community development director ~ .... ~,~-~-~. When the community development director -~A-~ ~ 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. Struck through passages are deleted. added. -28- Underlined passages are o 096 Section 5.5.500. Action of Board of Adjustment. (3) The decision of the hoard of adjustment shall be mailed to all parties and filed with the community development director coordinator in accordance with Section 5.1.200(6). Section 5.6.300. Procedures. A notice of appeal must be filed with the community development director~~..~-~A-~, the hoard of a ustment, and the office or department rendering the order, decision, determination, 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 community development director ............ or county department rendering the decision to forward to the board of ad3ustment any and all records concerning the subject matter of the appeal. Section 5.6.400. Effect of Filin~ an Appeal. The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the community development director ............ 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. Struck ~ ..... ~ passages are deleted added. -29- Underlined passages are 660 097 BOOK Section 5.6.500. Hearing by Board of Adjustment. (2) The decision of the board of adjustment shall be mailed to all parties, and filed with the office of the community development director~ .... ~..~-~A-~ in accordance with Section 5.1.200(6). 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 THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. °~ .... " ~ ..... ~ passages are deleted. added. -30- Underlined passages are 660 098 BOOK PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jim Minix AYE Commissioner Jack Krieger 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 this ordinance may be renumbered or relettered to accomplish such intention; provided, By: _ ' :~: :~ · 'DEPUTY. CLERK / Struck ~,.~,,~ passages· are deleted. added. -31- / Underlined passages are ' 099 oo 660 Rem eS Doe T~ $ ORDINANCE 89-42 Iht Tax $, AN ORDINANCE AMENDING SECTION 1~$~ SYSTEM; LOCAL OPTION FEE) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-2 (ADMINISTRATION), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR A REDUCTION IN THE LOCAL OPTION FEE FOR NONRECURRING CHARGES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. DOUGLAS St. Lucie County Clerk of Circuit Court ~y d~ Deputy Clerk WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Under the provisions of Section 365.171(13), Florida Statutes, (Supp. 1988), a county may impose and collect a fee for recurring and nonrecurring charges for the initial provision or subsequent addition of "E911" service and equipment, to be paid by the local exchange subscribers on an individual access line basis, at a rate not to exceed fifty cents (.50) per month per line. 2. As St. Lucie County has collected the required amount of nonrecurring charges to install Enhanced 911 Services, the local option fee for nonrecurring charges can be reduced. 3. Although the local option fee for the recurring charges has increased, St. Lucie County residents can enjoy the benefit of no increase in the recurring charges due to the increase in the amount of telephone subscribers in St. Lucie County. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Struck through passages are deleted. added. -1- Underlined passages are PART A. AMENDMENT OF SECTION 1-2-2 OF ARTICLE I OF CHAPTER 1-2. Section 1-2-2 of Article I of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-2-2. E911 system; local option fee. (a) Public purpose. The establishment of an Egll system in St. Lucie County, Florida, is declared to be a public purpose and for the benefit of the citizens of St. Lucie County, as well as for visitors to the County. (b) (1) (2) Local option fee: For nonrecurring charges. There is hereby imposed a local option fee for nonrecurring charges for the initial provision of E911 service and equipment, in the amount of ~ .... ~ ..... ~- '~ ~ ...... = ...... ~¥ .... , zero cents ($0.00) per month per access line, up to a maximum of twenty-five access lines per account bill rendered to be paid by the local exchange subscribers in St. Lucie County, Florida, for a period of ~ twelve (12) consecutive months, beginning on the next billing date of the telephone company following the effective date of this section. For recurring charges. There is hereby imposed a local option fee for recurring charges for the operation and maintenance of E911 service and equipment in the amount of eighteen cents (80.18) per month per access line, up to a maximum of twenty-five (25) access lines per Struck through passages are deleted. added. -2- Underlined passages are BO01( account bill rendered, to be paid by local exchange subscribers in St. Lucie County, Florida, for a period of twelve (12) consecutive months, beginning on the next billing date of the telephone company following the effective date of this section and continuing over such period as the E911 service is in operation. The County shall submit to the state division of communications, for approval, its proposed recurring "911" fee on an annual basis. (c) Separate audit accounts. The budget officer and finance director are directed to establish a separate audit account specifically for the deposit of fund or fees related to the E911 system. Ail recurring and nonrecurring fees placed in said account shall be used only for "911" service features and/or PSAP equipment, as defined in the Florida Public Service Commission's lawfully approved "911" and related tariffs and/or "911" equipment. (d) Collection of fee, payment of administrative fee for collection. (1) On an annual basis, as of September 1 of each year, the budget officer and finance director shall determine if there is a deficit or surplus maintained in said account. If there is a surplus or a deficit, the county shall adjust the monthly "911" fee in order to eliminate the surplus or deficit from said account by the end of the following twelve-month period (October 1 Struck through passages are deleted. added. -3- Underlined passages are (2) through September 30), provided that such ad3usted fee shall not exceed the allowable rate as provided by state law. The amount of such fee adjustment shall be reported to the division of communications as part of the budgetary information supporting the proposed "911" fee for each succeeding year. Southern Bell Telephone of Florida, Inc., (hereinafter called the telephone company), is hereby requested to collect said fee, as hereinabove set forth, from its subscribers in St. Lucie County, Florida, said telephone company to retain as an administrative fee an amount equal to one (1%) percent of the fees collected by the telephone company. Said administrative fee shall be first deducted by the telephone company from the fees collected and the remainder of said fees collected shall be remitted to St. Lucie County or retained by the telephone company and applied on the cost of said Egll service and equipment. In either event, the telephone company shall supply monthly to St. Lucie County a statement as to fees collected. The telephone company shall provide to the County a list of the names, addresses, and telephone numbers of any and all subscribers who have identified to the telephone company then refusal to pay the "911" fee. The telephone company shall have no obligation to take legal action to enforce collection of said fee. Struck ~,.-~..~ passages are deleted. added. -4- Underlined passages are BOOK (e) Indemnification. (1) St. Lucie County shall indemnify the telephone company against liability in accordance with the telephone company's lawfully filed tariffs unless the telephone company acted with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property in providing service. (2) St. Lucie County shall remain responsible to the telephone company for all Egll service and equipment charges. Sections 1-2-3 - 1-2-15. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Struck through passages are deleted. added. -5- Underlined passages are PART D. APPLICABILITY OF ORDINANCE This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of the ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on October 1, 1989. PART G. PENALTIES. St. Lucie County shall have the right to sue in civil court to enforce the provisions of this ordinance. PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Judy Culpepper Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Aye Commissioner Jack Krieger Aye Commissioner Jim Minix Aye PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the County code and the word "ordinance" may be changed to "section," "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to I shall not be codified. ~°~" ~..~..~ passages are deleted. added. -6- Underlined passages are PASSED AND DULY ADOPTED THIS 25th day of July, 1989. ATTEST- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA,i~ CORRECTINESS:~c~/~.!:;:i:~ OUNTY ~;,.~0~ '89 J11.28 /19:00 S1. LdC'~E Struck through passages are deleted. added. -7- Underlined passages are ORDINANCE NO. 89-43 Add F~e $ Doc Tax $ Iht Tax $ Total $ AN ORDINANCE AMENDING SECTION 2-5-25. "SAME - ISSUANCE" OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY AMENDING THE ANNUAL RENEWAL FEES PAID BY A CONTRACTOR TO RENEW HIS ST. LUCIE COUNTY CERTIFICATE OF COMPETENCY OR INACTIVE STATUS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY OF ORDINANCE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION DOUGLAS DIXON St. Lucie County Clerk of Circuit Court Deputy Clerk WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Ordinance No. 76-5, adopted by the Board of County Commissioners on July 13, 1976, amended Section 8 of Chapter 67- 2000, Laws of Florida, to establish renewal fees for active and inactive contractors holding St. Lucie County Certificates of Competency. 2. The costs of administration for renewal applications for a Certificate of Competency have risen substantially since the adoption of Ordinance No. 76-5. 3. Amendment of Section 2-5-25 to increase the cost of renewal of an active or inactive Certificate of Competency is necessary to provide for these increased administrative costs. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Struck through passages are deleted. added. -1- Underlined passages are PART A. AMENDMENT OF SECTION 2-5-25. "SAME - ISSUANCE" OF ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Section 2-5-25. Same-Issuance. of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 2-5-25. Same-Issuance. (a) If from said investigation and examination the board shall determine that the applicant is qualified to engage in the business of contractor as herein defined the board shall cause its certificate of competency to be issued to the applicant, otherwise the application shall be denied. Such certificate of competency shall specifically show the type or types of contracting work which the applicant is qualified to perform and shall show upon the face thereof that it is subject to revocation and suspension. Should any applicant be denied a certificate of competency, he may within fifteen days from notice of such denial appeal the denial to the board of county commissioners who shall consider the appeal and either affirm the action of the board or order the issuance of a certificate. (b) Certificate of competency shall expire annually at midnight on September 30. (1) Failure to renew the certificate during September shall cause the certificate to become inoperative, and it is unlawful thereafter for any person to engage or offer to engage or hold himself out as engaging in contracting under the certificate unless the certificate is restored or reissued. (2) A certificate which is inoperative because of failure to renew shall be restored on payment of the proper renewal fee as hereafter provided, if ~°~" ~~..~ passages are deleted. added. --2-- Underlined passages are 647 the application for restoration is made within one year of expiration. [The] renewal fee [shall be as follows]: Within 3 months of expiration Over 3 months but not more than 6 months Over 6 months but not more 9 months Over 9 months but not more than 1 year 25% of renewal fee 50% of renewal fee 75% of renewal fee 100% of renewal fee If the application for restoration is not made within one year of the expiration, the fee for restoration shall be equal to the original application fee; and in addition, the board may require reexamination of the applicant. (3) A person who holds a valid certificate from the board may go on inactive status during which time he shall not engage in contracting but may retain his certificate on inactive basis on payment of an annual renewal fee during the inactive period of ¥ .... $25.00 per year. (c) The annual renewal fee shall be as follows: (1) $15.00. As used in this Section, contractors are subdivided into Division I, consisting of general, buildinq and residential contractors; and Division II, consisting of mechanical, air conditioning, electrical, plumbing, roofing, sheet metal, commercial and residential swimming pool/spa, swimming pool/spa servicing, outdoor electrical sign, solar water heating, aluminum, underground utility, alarm systems, fire sprinkler systems and liquefied petroleum gas contractors. All other contractors are specialty contractors. (2) o-~-~.- -~-~-~-~^- ~n nm The annual renewal fee for Division I and Division II, contractors shall be $75.00. The annual renewal fee for specialty contractors shall be $50.00. The annual renewal fee for journeyman electricians and .journeyman plumbers shall be $50.00. Struck through passages are deleted. added. -3- Underlined passages are 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 THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Aye Struck ~ ...... ...... ~.. passages are deleted. added. -4- Underlined passages are P ii96 Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Jack Krieger Aye Aye Aye 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 B through G shall not be codified. .~.~, PASSED AND DULY ADOPTED this 25th day of July, 1989;'L ...... ~ BOARD OF COUNTY .~'OMM.~S-IONEP~i''. ST. LUCIE COUNTY, FLOR-~DA BY: ' ' ~-~ "~'" ' .... "'~ ~' II J' "',,.'" . ." /.' ', h:,".~ :.' aPPrOVED aS rO ~0~ CO..EC~ESS: ~ ~. COUNTY~ ATTORNEY '89 /[28 A8:59 982254 FILL,.: .~Ng . c, OOUGLAS D!XON ,. S!, [_iJf]:( !:' LINT'" Struck through passages are deleted. added. -5- Underlined passages are 64 7 . ' 987468 ORDINANCE NO. 89-45 AN ORDINANCE AMENDING SECTION 1-12.5-24. "RESTRICTIONS, REGULATIONS, AND CONDITIONS ON MINING PERMIT" TO REQUIRE A ONE-HUNDRED FIFTY (150) FEET SETBACK FROM A PUBLIC ROAD OR STREET OTHER THAN A STATE ROAD AND TO REQUIRE A TWENTY-FIVE (25) FEET SETBACK FROM A STATE ROAD FOR ANY MINING OPERATION CONDUCTED UNDER A PERMIT ISSUED BY ST. LUCIE COUNTY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 1-12.5-24, "Restrictions, regulations and conditions on mining permit," a one-hundred fifty (150) feet setback of the right-of-way line of any public road or street is required for all mining operations conducted under a permit issued by St. Lucie County. 2. Pursuant to Florida Department of Transportation policy, a twenty-five (25) feet setback of the right-of-way line of any state road is required for all mining operations. 3. In order to maintain consistency between State and County setback requirements for state roads and mining operations in the County it is necessary to amend Subsection 1-12.5- 24(a)(3) to establish a twenty-five (25) feet setback requirement for mining operations conducted adjacent to state roads while maintaining the one-hundred fifty (150) feet setback from County roads in the event of future County right-of-way acquisition needs. 650. BOOK ~rucA through passages are deleted. added. -1- Underlined passages are NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SUBSECTION 1-12.5-24 RESTRICTIONS, REGULATIONS, AND CONDITIONS ON MINING PERMIT. Section 1-12.5-24, "Restrictions, regulations, and conditions on mining permit", of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended as follows. Section 1-12.5-24. Restrictions, regulations, and conditions on mining 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) Dimensions. The mine or excavation, as shown on the mining plan, shall comply with the following dimensional requirements: (3) Setbacks. No excavation below adjacent road grade shall be permitted within one hundred fifty (150) feet of the right of way line of any public road or street, other than a state road, or within twenty-five (25) feet of the right-of-way line of any other state road, or within fifteen (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 fifteen (15) feet of such adjoining property. Struck through passages are deleted. added. -2- °" 650 , 2567 500K Underlined passages are 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 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. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County's jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is 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 the date of adoption. Struck ~..~..~ passages are deleted. added. -3- 650 Underlined passages are PART G. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PART H. 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 G shall not be codified. of St. Lucie County, Florida, ATTEST. DEPUTY CLERK PASSED AND DULY ADOPTED by the Board of County Commissioners" this 8th day of August, BOARD OF COUNTY COMMI~NERS sT. LUC E COUNTY, APPROVED AS TO FORM AND CORRECTNESS: ~ ~ASSIST~~UNTY ATTORNEY FIL[:'O AN[: Ri! OOUGL ,'~ 5 f]~ X ON ~.2 [ 850 P [2569 ~ruc~ through passages are deleted. added. -4- Underlined passages are 991509 ORDINANCE NO. 89-46 ~ Fee $ Doc Tax $ Iht Tax $ St. ]..ucie Coamy Clcd{ of Circuit Court AN ORDINANCE AMENDING ORDINANCE NO. 89-32 BY AMENDING SECTION 1-6.5-32 (BOUNDARIES) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO CORRECT THE LEGAL DESCRIPTION AS SET FORTH IN EXHIBIT A; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND SETTING FORTH THE VOTE ON ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On March 21, 1989, this Board adopted Ordinance No. 89- 32 which established the Lake Lucie Community Development District; established boundaries for the District; designated the initial members of the Board of Supervisors of the District and provided for special conditions. 2. Due to an error in the legal description of Ordinance No. 89-32, it is necessary to amend said Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-6.5-32. BOUNDARIES. Section 1-6.5-32 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-6.5-32. Boundaries. The boundaries of the Lake Lucie Community Development District are as set forth in the legal description contained in the amended attached Exhibit A. ~°~" ~,,~u~,,~ passages are deleted. added. Underlined passages are 653 ~00~ 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, 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 Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall become effective retroactive to April 1, 1989 upon adoption. PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ~°=~" =~,,~,,~ passages are deleted. added. --2-- Underlined passages are 653 ~OOK ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice Chairman Havert L. Fenn ABSENT Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE ' ~ ~o Commissioner Jim Minix AYE /, .~ :"P~ss~.'~ AND DULY ADOPTED this 22nd day of August, 1989. i~AT.~E~T: -,~: '~i~"?~~" ~ DEPUTY CLERK BOARD OF COUNTY COMMISS~ONERS~'~ ST. LUCIE COUNTY, FLOR~'~' :~ B : ~' ~ APPROVED AS TO FORM AND ORRECTNESS/~/~C~O/ ~ ' -EY Struck through passages are deleted. added. --3-- Underlined passages are 653 ~001~ From ceo POINT OF ~G~NNINO { P, O. ~. ) ~ bo&ag ch= ~or~hwa~ corner o~ ch~ ~outhw~c I/~ of sn~d ~ec~on 2~, run Uhonoe We~ezly righg-of-way lin= of U.~, Highway No. 1; ~h6~oc run Wl~= A.T. & T. ua~omzn~: thanes ru~ along :he ~a~rly line ~i8~ancU Of 16.77 f.~=; choDoe ruz~ S ~I~09'0~" B, a 2~1.7~ foot; thence run S ~7e26'47" Z, a ~im~nnc~ of f~et :~ ~hc inter&stolon of ~c Ea~%~rl~ ~&no Of maid A.T.& T. ~asem~n~ an~ ch~ Dou:h linc Of uhe Norcl%wes= 1/4 O~ So~h~as~ cor~r of uaid Lo~ 5; =hence. depot=lng from -~a~=erly liBo of saia A,T. h T. ~a~zmu~%~ '~'un N U9°41'1.4'' W ~aL~ S~cc&on 26; ~hence run W 00002,06, ~ alo. g ~he. lln~ of ~mL~ ~ooCion 26, ~ ~iEDanc~ Of 1~2~,55 fte~ ~0 AND, Secc£on 26, Town~hip 36 SDugh, ~ange 40 g&8C, 9%. LUeie AND, nanpe 40 ~a~, of aubd~vL~ion eh:tiled P~? NO. 1 ~?. LUCI~_ AND, Lots 1-~, £nclUs~ve of Sleek 4 of Sou~h, ~&nge 40Za~%, of subdLvislon en~£~od PLA~ NO, 1 ST. 3, leSS :he No, ch 1140 fOe~ thereof! Tho South 495 foe~ of T~O Gout. h ~G§ ~ee~ of ~he Wo=~ g?S~e: Df ~oc 5; The ~ ~&~ 330 feet.~ leas ~t- S'8~' &nclusLve of ~%ook 3 of Seo:~on 2~, TownshLp ~8 ~&5 fee~ of :he South 330 feet of the ~&st 330 feet of Loc '89. SE~ 11 A9:~ '3] ' , 991509 653 BO0~ 9'99925 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1-19-11 (FORM OF CERTIFICATES) OF CHAPTER 1-19 (SUBDIVISION REGULATIONS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADDING CERTIFICATES OF APPROVAL FOR THE COMMUNITY DEVELOPMENT DIRECTOR, THE COUNTY ATTORNEY, AND THE COUNTY ENGINEER; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In order to assure compliance of zoning, engineering, and plat format requirements, it is necessary to amend Section 1- 19-11 of Chapter 1-19 of the Code of Ordinances of St. Lucie County, Florida, to include certificates of approval for the Community Development Director, County Attorney, and County Engineer. 2. On August 24, 1989, the St. Lucie County Local Planning Agency held a public hearing, due notice of which had been published at least fifteen (15) days in advance, to determine if the ordinance was consistent with the Growth Management Policy Plan. 3. The St. Lucie County Local Planning Agency has recommended that the Board approve the proposed amendment. 4. On October 10, 1989, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed ordinance after publishing notice of that hearing in The Tribune on September 19, 1989. ...... ~,, passages are deleted. added. --1-- Underlined passages are 659 p 1072 5. This Board believes that passage of the proposed amendment is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-19-11 OF CHAPTER 1-19 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Section 1-19-11 of Chapter 1-19 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-19-11. Form of certificates. (h) The certificate of approval of the development director shall be in the following form: community STATE OF FLORIDA COUNTY OF ST. LUCIE It is hereby certified that this plat meets the minimum lot dimension requirements of the zoning district, as set forth in Appendix A, Section 3.2.400, St. Lucie County Code and Compiled Laws. Community Development Director St. Lucie County, Florida ...... ~,, passages are deleted. added. -2- Underlined passages are oo 659 (i) The certificate of approval of the county attorney shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE This plat is approved as to form. County Attorney St. Lucie County, Florida (j) The certificate of approval of the county engineer shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE It is hereby certified that this plat meets all minimum subdivision plattinq requirements as set forth in Chapter 1- 19, St. Lucie County Code and Compiled Laws, subdivision regulations. County Engineer St. Lucie County, Florida 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. Struck through passages are deleted. added. -3- Underlined passages are 659 BOOK 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 THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Aye Vice Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Absent Commissioner Jack Krieger Aye Commissioner Jim Minix Aye ...... through passages are deleted. added. -4- Underlined passages are oo 659 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 this ordinance may be renumbered or relettered to accomplish such intention; provided however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 10th day of October, 1989. ATTEST: -.',t,', ~ ',~? BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ... _ / [u'-":~>-'c:7~t::--: ,. ,:.. COUN~NEY ...... through passages are deleted. added. -5- 995435 ORDINANCE N0.: 89-049 Re ~ $ Add Fee $ Doc Tax $, Int Tax $ Total $ St. I~ucie County Clef m of Circuit Cour{; D,pu Cl,, AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTH SIDE OF TIFFANY AVENUE, APPROXIMATELY 600 FEET WEST OF LENNARD ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM RL (RESIDENTIAL, LOW DENSITY - 5 DU./AC) TO RM (RESIDENTIAL, MEDIUM DENSITY -11 DU/AC) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Mr. Henry Maiucci presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Residential, Low Density - 5 du/ac) to RM (Residential, Medium - 11 du/ac) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 26, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Residential, Low Density - 5 du/ac) to RM (Residential, Medium - 11 du/ac) for the property described below. 3. The Board held a public hearing on August 3, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on July 27, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: ST. LUCIE GARDENS 01 37 40 BLK 1, LOTS 3 & 4 owned by Henry Maiucci, be, and the same is hereby changed from RL (Residential, Low Density - 5 du/ac) to RM (Residential, Medium Density - 11 du/ac). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. oo, 656 D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. ae F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this 656 BOOK o~dinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinanCe shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE ' Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE AT' DULY ADOPTED this 3rd day of August, 89-049 ( Plan-Am ) APPROVED AS TO FORM AND qOR~hECTNESS SE?29 /18:07 r-iL £ ~: /:, ~'; ~: ~ !_; ~:f :~ BOOK DOUG1./: q FqXON 9'95439 ORDINANCE NO.: 89-050 Rse $ ~. DOUGLAS DIXON Add Fee $. _-St. Lucie Count)* Doc Tax $ - - Glerk of Circuit Court Iht Tax $ ,,, -By -- ~-. Total $ ~ P'~. Deputy Clerk AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE NORTH SIDE OF MIDWAY ROAD, APPROXIMATELY 650 FEET EAST OF OLEANDER AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) FROM RL (RESIDENTIAL, LOW DENSITY - 5 DU./AC) TO CG (COMMERCIAL GENERAL) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following.determinations: 1. Mr. Anthony V. Pugliese, III presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Residential, Low Density - 5 du/ac) to CG (Commercial General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 26, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RL (Residential, Low Density - 5 du/ac) to CG (Commercial General) for the property described below. 656 3. The Board held a public hearing on August 3, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on July 27, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE EXHIBIT A owned by Anthony V. Pugliese, III, be, and the same is hereby changed from RL (Residential, Low Density - 5 du/ac) to CG (Commercial General). B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. ao F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. 656 ,,, ,1205 I~OOK I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, as follows: the vote on this ordinance was Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 3rd day of August, 1989. CLERK .OARD OF COUNr ST. LUCIE COUNTY, 89-050(Plan-Am) APPROVED AS TO FORM AND / ~.RRECTNESS: COUNTY LOT 23, SHEEN'S ~b\P OF WHITE CITY, SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS RIGHTS-OF-WAY FOR PUBLIC ROADS ~D EASEMENTS FOR D~\INAGE C~NALS AND TO EASEMENT OF ~MERICA. N TELEPHONE AND TELEGRAPH uOMPa~,. RECORDED IN DEED BOOK i37, PAGE 108, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS A~<D EX~mTING THEREFROM THAT L~D LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF MIDWAY ROAD AS ESTABLISHED IN RIGHT-OF-WAY MAINTENANCE MAP RECORDED IN PLAT BOOK 20, PAGE 17, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 995439 sEP 29 :07 656 ~00~ 995440 ORDINANCE NO.: 89-051 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE NORTH SIDE OF ORANGE AVENUE EXTENSION, APPROXIMATELY 333 FEET EAST OF CANAL #29 (MORE PARTICULARLY DESCRIBED HEREIN), FROM CG (COMMERCIAL GENERAL) AND RL (RESIDENTIAL, LOW DENSITY - 5 DU./AC) TO IL (INDUSTRIAL LIGHT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Joseph H. and Margaret J. Noelke presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from CG Commercial General), and RL (Residential, Low Density - 5 ~u/ac) to IL (Industrial Light) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 26, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from CG Commercial General), and RL (Residential, Low Density - 5 du/ac) to IL (Industrial Light) for the property described below. BOOK U,~U 3. The Board held a public hearing on August 3, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on July 27, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: WEST 158.25 FEET OF EAST 949.5 FEET OF SOUTHWEST 1/4 OF NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST LESS THE SOUTH 110 FEET THEREOF. owned by Joseph H. and Margaret J. Noelke, and the same is hereby changed from CG Commercial General), and RL (Residential, Low Density - 5 du/ac) to IL (Industrial Light) for the property described below. B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. I~00~ The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. ao F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 3rd day of August, 1989. ATTEST BOARD OF COUNTY COMMISSIONERS~ ,,~V:" '~ 2_: 89-051(Plan-am) APPROVED AS TO FORM AND CORRECTNESS: ~ -~ 995441 ORDINANCE NO.: 89-052 DOU(]LA~ DIXON Add l~ee $ .... _ St. Lucie Coun~ Doe Tax $_ Clerk of Ci_rcuit Total $ }~.Sv Deputy Clerk AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF ORANGE AVENUE AND TROWBRIDGE ROAD (MORE PARTICULARLY DESCRIBED HEREIN), FROM AG (AGRICULTURAL) TO IL (INDUSTRIAL LIGHT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida~ has made the following determinations: 1. Edgar A. Brown, Joseph E. Beale, Jr., Jim G. Russakis presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from AG (Agricultural) to IL (Industrial Light) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 26, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from AG (Agricultural) to IL (Industrial Light) for the property described below. 3. The Board held a public hearing on August 3, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on July 27, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: THE NORTH 1381 FEET OF THE FOLLOWING DESCRIBED PROPERTY: EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, LESS ROAD AND CANALS RIGHTS OF WAY owned by Edgar A. Brown, Joseph E. Beale, Jr., and Jim G. Russakis, and the same is hereby changed from AG (Agricultural) to IL (Industrial Light) for the property described below. B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING.A?LAS. The St. Lucie County Community Development Director is ~ereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger ABSENT Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 3rd Day of August, 1989. CLERK 89-052(Plan-Am) BOARD 0 COUNTY COMMISSI~RS ST. LUCIE COUNTY, FLORA APPRO~D AS TO FORM AND 995441 '89 SiP 29 /~ 8:08 SI. LUC~" , '"N 9954 2 ORDINANCE NO.: 89-053 .add lree $ ....... St. IL. cie County Ooe Tax $ , Clm~ of Circuit Cougt ?o s .... AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF ROCK ROAD AND COLBOURN ROAD (MORE PARTICULARLY DESCRIBED HEREIN), FROM SU (SEMI URBAN - 1 DU/AC) TO IL (INDUSTRIAL LIGHT); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Jim G. Russakis presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi Urban - 1 du/ac) to IL (Industrial Light) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 26, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi Urban - 1 du/ac) to IL (Industrial Light) for the property described below. 3. The Board held a public hearing on August 3, 1989, 656 BOOK afte~ publishing notice of such hearing in the Ft. Pierce News Tribune on July 27, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: BEING THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS THE NORTH 49 FEET, AND LESS THE WEST 25 FEET owned by Jim G. Russakis, and the same is hereby changed from SU (Semi Urban - 1 du/ac) to IL (Industrial Light) for the property described below. B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. o, i218 · D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILIT¥. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne oo 656 Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 3rd day of August, 1989. CLERK BOARD OF COUNTY COMMISSIONS ST. LUCIE COUNTY, FLORI~ BY: ~. ,/ / .. , 99544Z APPRO~D AS TO FORM AND C~RRECTNESS 656 PAGEi220 995443 ORDINANCE NO.: 89-055 · Fee $ ~ DOUGLAS DIXON Add Fee $ _ , ~_ St, Lucie County ~_ Clerl, of Circ it Com~ To~ $ ~ Deput~ Clerk AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE SOUTH SIDE OF THE INDRIO ROAD, APPROXIMATELY 1400 FEET WEST OF THE INTERSECTION OF INDRIO ROAD AND EMERSON AVENUE (MORE PARTICULARLY DESCRIBED HEREIN), FROM SU (SEMI URBAN - 1 DU/AC) TO RL (RESIDENTIAL, LOW DENSITY - 5 DU/AC) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Indrio Grove Limited Partnership presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi Urban - 1 du/ac) to RL (Residential, Low Density - 5 du/ac) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 26, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi Urban - 1 du/ac) to RL (Residential, Low Density - 5 du/ac) for the property described below. 3. The Board held a public hearing on August 3, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on July 27, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, SECTION 15, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS RIGHTS OF WAY FOR ROADS AND DRAINAGE CANALS owned by Indrio Grove Limited partnership, and the same is hereby changed from SU (Semi Urban - 1 du/ac) to RL (Residential, Low Density - 5 du/ac) for the property described below. B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is 656 , 1222 hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. ae F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 656 [~OOK H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send ~ certified copy of this ordinance to the Degartment of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn NAY Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 3rd day of August, 1989. ATTEST~ _~ ~-;'"o t ~/ CLERK BOARD OF COUNTY COMMISSI~ ST. BY: LUCIE COUNTY, 4~~ ?,~, 89-055(Plan-AM) APPR~ED AS TO FORM AND 995443 COUNTY ATTO~NE~ '89 SEP29 8:0P 99544 Add Fee $ -- --DOUGLAs DIXON Doc Tax $ _ ~ SL LUC{e County ORDINANCE NO.: 89-056 ~tT~$ __ --~erk0fC~u~Cou~ AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF ST. LUCIE BOULEVARD AND SAPP ROAD (MORE PARTICULARLY DESCRIBED HEREIN), FROM IL (INDUSTRIAL LIGHT) TO CG (COMMERCIAL GENERAL) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Heminway Corporation presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from IL (Industrial Light) to CG (Commercial General) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 26, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from IL (Industrial Light) to CG (Commercial General) for the property described below. 3. The Board held a public hearing on August 3, 1989, °" 656 i~O01~ after publishing notice of such hearing in the Ft. Pierce News Tribune on July 27, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: SEE EXHIBIT A owned by Indrio Grove Limited partnership, and the same is hereby changed from IL (Industrial Light) to CG (Commercial General) for the property described below. B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. ae F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne 656 I~OOK Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 3rd day of August, 1989. BOARD ST. BY: 89-056(Plan-Am) APPRO~VED AS TO FORM AND CO~ A~ 656 A PARCEl, IN TIlE WEST ItALF OF TIlE NORTItWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32, RUN SOUTH 0° 29' 26" WEST, 766.00 PEET; THENCE NORTH 89° 30' 34" WEST, 300.0 FEET TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING, CONTINUE NORTH 89° 30' 34" WEST, 336.63 FEET; THENCE NORTH 0° 28' 26" EAST, 667.41 FEET TO THE SOUTH RIGHT-OF-WAy LINE OF STATE ROAD S-608 (AIRPORT ROAD); THENCE SOUiH 8~o 2~' 58" EAST, ALONG SAID RIGHT-OF- WAY LINE, 36.13 FEET; THENCE NORTH 80 40 32 EAST, 146.84 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2255.01 FEET; THENCE NORTHEASTERLY 159.72 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL &NGLE OF 4° 03' 30"; THENCE SOUTH 0° 29' 26" WEST, 713.85 FEET TO THE POINT OF BEGINNING. CONTAINING 5.26 ACRES, MORE OR LESS. I (We) Underotanrl ,.~.. o ,656 9'95445 ORDINANCE NO.: 89-058 Add F~ ~ SL Lu,~e ~unty ~ T~ ~ - , ~erk of Circuit ~u~ AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT 15150 ORANGE AVENUE (MORE PARTICULARLY DESCRIBED HEREIN), FROM AG (AGRICULTURAL) TO IL (INDUSTRIAL LIGHT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Howard Beville, Jr., presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from AG (Agricultural) to IL (Industrial Light) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 26, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from AG (Agricultural) to IL (Industrial Light) for the property described below. 3. The Board held a public hearing on August 3, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on July 27, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: 7 35 39 W 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 LESS E 45 FT AND LESS RD R/W IN PB 22-%6 (13.63 AC) owned by Howard Beville, Jr., and the same is hereby changed from AG (Agricultural) to IL (Industrial Light) for the property described below. B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of BOOK reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 656 ,1232 ~00~ H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 3rd day of August, BOARD ST. BY: °" 656 ~OOK APPROVED AS TO FORM AND C(~RR~C,'rNES S ~,/~ COUNTY A~ 89-058(Plan-Am) 9954~5 9'92041 ORDINANCE NO. 89-59 AN ORDINANCE AMENDING ORDINANCE NO. 89-34 BY AMENDING SECTION 1.7.8-16, USE OF FIREARMS PROHIBITED IN CERTAIN AREAS, TO EXEMPT PERSONS DISCHARGING FIREARMS WITHIN A FULLY ENCLOSED INDOOR FIRING RANGE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Luc Le~ County, Florida, has made the following determinations: 1. On July 11, 1989, the Board adopted Ordinance No. 89-34 which created Section 1-7.8-16 to prohibit the discharge of firearms in certain portions of the County and make it unlawful for any person to discharge any firearm within three hundred (300) yards of the centerline of any public road or right-of-way or of any dwelling or occupied building without prior permission of the occupant or owner of the dwelling or building. Section 1- 7.8-16 is expressly inapplicable to a person lawfully defending his life or property or performing official duties requiring the discharge of firearms. 2. Ordinance No. 89-34 was intended to reduce the likelihood of in3ury to County residents as the result of the discharge of firearms in populated areas. 3. In recognition of the fact that the discharge of firearms within a fully enclosed indoor firing range does not present the likelihood for injUry to others which is present when firearms are discharged out of doors, it is appropriate to amend Struck through language is deleted. added. --1-- Underlined language is 654 193 Ordinance No. 89-34 to exempt the discharge of firearms within a fully enclosed firing range. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-7.8-16. USE OF FIREARMS PROHIBITED IN CERTAIN AREAS. Section 1-7.8-16. "Use of firearms prohibited in certain areas," of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby repealed as follows: Section 1-7.8-16. Use of Firearms Prohibited in Certain Areas (a) It is unlawful for any person to discharge any firearm in St. Lucie County within the area east of the following described boundary: The intersection of Emerson Avenue and the Indian River County line, then south on Emerson Avenue to Indrio Road, then east on Indrio Road to Kings Highway, then south on Kings Highway to the Florida Turnpike, then south along the Florida Turnpike to the Martin County line. (b) (c) It is unlawful for any person to discharge any firearm within three hundred (300) yards of the center line of any public road or right-of-way or of any dwelling or occupied building without prior permission of the occupant or owner of the dwelling or building. This section shall not apply to a person lawfully defending his life or property~ ~ performing official duties requiring the discharge of firearms=, or discharging a firearm within a fully enclosed, indoor firing range. 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 wifh this ordinance are hereby superseded by this ordinance to the extent of such conflict. ...... through language is deleted. added. --2-- Underlined language is 654 194 BOOK PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property. PART D. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County's 3urisdiction except where in conflict with a municipal ordinance to the extent of such conflict. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Jack Krieger Aye Aye Absent Aye Aye Struck ~ ..... ~ language is deleted added. --3-- Underlined language is 654 BOOK PART H. 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 H shall not be codified. PASSED AND DULY ADOPTED this 5th day of September, tg89. BOARD OF COUNTY c~MMIssIONERS~,~ ST. LUCIE COUNTY~ FLORIDA APPROVED AS TO FORM AND CORRECTNESS'. Ad. co N~T~ ATTORNEY Struck ~ ..... ~ language is deleted added. -4- 9 92041 Underlined language is o ,654 196 AN k~: Fee $ Add Fca $ Doc Tax $ int Tax $ ORDINANCE NO. 89-63 Toml$ ORDINANCE AMENDING ARTICLE III CODE DOUGLAS DIXON St. Lucia County Clerk of Circuit Court ~/-~ 3~ Depu~ Clerk ENFORCEMENT BOARD OF CHAPTER 1-2 ADMINISTRATION OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; DEFINING REPEAT VIOLATION; PROVIDING FOR THE APPOINTMENT OF ALTERNATE MEMBERS; PROVIDING PROCEDURES FOR REPEAT VIOLATIONS; PROVIDING FOR RECORDING OF CERTIFIED ORDERS WHICH SHALL CONSTITUTE NOTICE TO ANY SUBSEQUENT PURCHASERS, SUCCESSORS IN INTEREST, OR ASSIGNS; CLARIFYING THAT THE CODE ENFORCEMENT BOARD MAY SUBPOENA EVIDENCE TO ITS HEARINGS; PROVIDING THAT A FINE MAY BE LEVIED FOR EACH DAY A REPEAT VIOLATION CONTINUES PAST THE DATE OF NOTICE TO THE VIOLATOR; PROVIDING THAT A FINE OF UP TO FIVE HUNDRED DOLLARS PER DAY MAY BE LEVIED FOR A REPEAT VIOLATION; PROVIDING THAT AN ENFORCEMENT BOARD MAY REDUCE A FINE IMPOSED; PROVIDING THAT THE ENFORCEMENT BOARD MAY AUTHORIZE THE COUNTY ATTORNEY TO FORECLOSE ON A LIEN AFTER THREE MONTHS FROM THE FILING OF ANY LIEN WHICH REMAINS UNPAID; PROVIDING THAT LIENS MAY CONTINUE FOR A PERIOD OF TWENTY YEARS; PROVIDING THAT NOTICE MAY BE PROVIDED BY LEAVING THE NOTICE AT THE VIOLATOR'S USUAL PLACE OF RESIDENCE WITH ANY PERSON RESIDING THEREIN WHO IS ABOVE FIFTEEN YEARS OF AGE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Legislature adopted Chapter 89-268, Laws of Florida, amending Chapter 162, Florida Statutes. 2. It is necessary to amend Article III Code Enforcement Board of Chapter 1-2 Administration of the Code of Ordinances of St. Lucie County, Florida, to be consistent with Chapter 89-268, Laws of Florida. Struck through passages are deleted. added. -1- Underline__~d passages are 101 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE III CODE ENFORCEMENT BOARD OF CHAPTER 1-2 ADMINISTRATION Article III Code Enforcement Board of Chapter 1-2 Administration of the Code of Ordinances of St. Lucie County, Florida is hereby amended as follows: Section 1-2-20. Definitions. Code enforcement administrator shall mean that individual designated as such by the community development director. Code inspector shall mean any authorized agent or employee of St. Lucie County whose duty it is to ensure code compliance. Enforcement board shall mean the St. Lucie County Code Enforcement Board. Repeat violation shall mean a violation of a provision of a code or ordinance by a person whom the enforcement board ha~ previously found to have violated the same provision within five (5) years prior to the violation. Section 1-2-21. Organization. (a) Composition; qualification of members. The board of county commissioners shall appoint, by resolution, a seven- member code enforcement board. The board of county commissioners may appoint up to two alternate members to serve on the enforcement board in the absence of enforcement board members. Members or alternate members of the enforcement board shall be residents of St. Lucie County. Appointments shall be made in Struck through passages are deleted. added. -2- Underlined passages are 102 accordance with applicable laws and ordinances, on the basis of experience and interest in the fields of zoning and building control. The membership of the enforcement board shall, whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor. (b) Appointment of members; terms; vacancies; failure to attend meetings. The initial appointments to the enforcement board shall be as follows: (1) Two (2) members shall be appointed for terms of one (1) year. (2) Three (3) members shall be appointed for terms of two (2) years. (3) Two (2) members shall be appointed for terms of three (3) years. Thereafter, all appointments shall be made for terms of three (3) years. Each one (1) of the five (5) county commissioners shall individually appoint one (1) member of the enforcement board. The board of county commissioners shall collectively appoint the other two (2) members of the enforcement board. Enforcement board members collectively appointed by the board of county commissioner shall not serve more than two (2) consecutive full three-year terms. Enforcement board members individually appointed by one (1) county commissioner may serve more than two (2) consecutive terms. However, when a county commissioner leaves office, his successor may replace the member appointed by his predecessor with an individual of his choosing Struck through passages are deleted. added. -3- Underlined passages are 660 103 I~00;~ who shall complete the unexpired term of the replaced member. At the completion of the unexpired term, the county commissioner shall determine whether to reappoint the individual or replace him with another individual of his choosing. If the board of county commissioners determines that alternate members ar~ necessary to the proper functioning of the enforcement board, tha board of county commissioners shall collectively appoint one or two alternate members who shall not serve more than two (2) consecutive full three-year terms. If two alternate members ar~ appointed, service on the enforcement board shall be alternated between the two as needed. Appointments to fill any vacancy on the enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman, the enforcement board shall declare the member's office vacant. Any member of the enforcement board 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 defense at a public meeting. Upon removal of a member or vacancy created upon a member's resignation or declaration of the enforcement board, the board of county commissioners shall promptly fill the vacancy if the member wet was one (1) of the two (2) appointed collectively by the board of county commissioners. If the member was individually appointed by one (1) county commissioner, that commissioner shall promptly fill the vacancy. Struck through passages are deleted. Underlined passages are added. --4-- 660 104 ~00~ Section 1-2-22. Enforcement procedure. (b) Except as provided in subsection~ (c) and (d),if a violation of the codes is found, the code inspector shall notify the violator and give him a reasonable time to correct the violation. (d) If a repeat violation is found, the code inspector shall notify the violator but is not required to give th~ violator a reasonable time to correct the violation. The cod~ inspector, upon notifying the violator of a repeat violation, shall notify the code enforcement administrator and request 3 hearing. The enforcement board, through its clerical staff shall schedule a hearing and shall provide notice to said violator pursuant to Section 1-2-27.2. The case may be presented to tho enforcement board even if the repeat violation has been corrected prior to the board hearinq, and the notice shall so state. Section 1-2-23. Calling and conduct of hearings. (d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those members present and voting, except that at least four (4) members of the enforcement board must vote for an action to be official. The order may include a notice that it must be complied with by a specified date, and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may Struck through passages are deleted. added. -5- Underlined passages are 660 105 BOOl( be recorded in the public records and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concern~ real property, any subsequent purchasers, successors in interest, or assigns. If the order is recorded in the public recordm pursuant to this subsection and the order is complied with by thn date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in tho public records. A hearinq is not required to issue such an order acknowledging compliance. Section 1-2-24. Powers. (c) Subpoena evidence to its hearings. Section 1-2-25. Penalty for failure to comply with order. (a) The enforcement board, upon notification by the code inspector that a previous order of the enforcement board has not been complied with by the set time or, upon finding that ~4%e--seme a repeat violation has been committed, - .... ~ ~-- thc same "~-~-~--v~~ may order the violator to pay a fine in an amount specified in this section .not to ...... ~ ~ .... hundred .... ~ dollarb ~ for each day the violation continues past the date set by the enforcement board for compliance or~= ..... ~..~ =~-~.,.~ the v~l~t .... has bsen repeated, and in the case of a repeat violation, for each day the repeat violation continues past date of notice to the violator of the repeat violation. If finding of a violation or a repeat violation has been made as Struck ~ ..... ~ passages are deleted added. -6- Underlined passages are provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. (b) (1) A fine imposed pursuant to this section shall not exceed two hundred fifty and 00/100 dollars ($250.00) per day for a first violation, and shall not exceed five hundred and 00/100 dollars ($500.00) per day for a repeat violation. (2) ~, In determining the amount of the fine, if any, the enforcement board shall consider the following factors: a. (1) The gravity of the violation; b. (2) Any actions taken by the violator to correct the violation; and '~ Any previous violations committed by the C. %~; violator. (3) An enforcement board may reduce a fine imposed pursuant to this section. (c) A certified copy of an order imposing a fine may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator~and it Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of the State of Florida, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this articl~ shall continue to accrue until the violator comes into complianc¢~ or until judgment is rendered in a suit to foreclose on a lie~ Struck through passages are deleted. added. -7- Underlined passages are 660 107 ~OOK filed pursuant to this section, whichever occurs first. After three (3) s~ months from the filing of any such lien which remains unpaid, the enforcement board may authorize the county attorney to foreclose on the lien. No lien created pursuant to the provisions of this article ~ may be foreclosed on real property which is a homestead under Section 4, Article X of the state Constitution. Section 1-2-26. Duration of lien. No lien provided by this article shall continue for a period longer than twenty (20) ~ years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose~ on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailinq party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Section 1-2-27.2. Notice (a) Ail notices required by this article ee4~ shall be provided to the alleged violator by certified mail, return receipt requestedTi or by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the board of county commissioners; local gov~rnin§ ~, or by leaving the notice at the violator's usual place of Struck ~ ..... ~ ...... ~,, passages are deleted. added. -8- Underlined passages are 660 108 residence with any person residinq therein who is ...... ~ ........ his family above fifteen (15) years of age and informing such person of the contents of the notice. 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 THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on October 1, 1989. Struck through passages are deleted. added. -9- Underlined passages are 660 109 PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Jim Minix AYE Commissioner Jack Krieger 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 B through G shall not be codified. /, ' P~S, SED AND DULY ADOPTED this 26th day of September, 1989 SOAan OF COUNTY CO~sSio~'S ' " ST. LUCIE COUNTY, FLORIDA~::-:'. ' :[.OO092O APPROVED AS TO FORM AND CORRECTNESS: ASSISTANT COUNTY ATT~NEY Struck =~,,-~,," passages are deleted. added. -10- Underlined passages are 660 110 BOOK 9'9992 ORDINANCE NO. 89-64 AN ORDINANCE AMENDING SECTION 2-5-25 (SAME- ISSUANCE) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY AMENDING SECTION 2-5-25(c) TO PROVIDE THAT THE ANNUAL RENEWAL FEES, FOR INACTIVE AND ACTIVE CONTRACTORS CONSISTING OF DIVISION I AND DIVISION II CONTRACTORS AND SPECIALTY CONTRACTORS, AND JOURNEYMAN ELECTRICIANS AND JOURNEYMAN PLUMBERS, ALL HOLDING ST. LUCIE COUNTY CERTIFICATES OF COMPETENCY, BE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS BY RESOLUTION; AND DELETING SECTION 2-5-25(b)(3) AND SECTION 2-5-25(c)(1) AND (2); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In order to be consistent with County policy when establishing administrative fees, it is appropriate to amend Section 2-5-25 of the St. Lucie County Code of Ordinances and Compiled Laws to provide that the annual renewal fees, for inactive and active contractors consisting of Division I and Division II contractors and specialty contractors, and journeyman electricians and journeyman plumbers, all holding county certificates of competency, be established by the St. Lucie County Board of County Commissioners by resolution. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 659 ...... through passages are deleted. added. -1- Underlined passages are PART A. AMENDMENT OF SECTION 2-5-25 (SAME-ISSUANCE) OF ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Section 2-5-25 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 2-5-25. Same-Issuance. (a) If from said investigation and examination the board shall determine that the applicant is qualified to engage in the business of contractor as herein defined the board shall cause its certificate of competency to be issued to the applicant, otherwise the application shall be denied. Such certificate of competency shall specifically show the type or types of contracting work which the applicant is qualified to perform and shall show upon the face thereof that it is sub3ect to revocation and suspension. Should any applicant be denied a certificate of competency, he may within fifteen days from notice of such denial appeal the denial to the board of county commissioners who shall consider the appeal and either affirm the action of the board or order the issuance of a certificate. (b) Certificate of competency shall expire annually at midnight on September 30. (1) Failure to renew the certificate during September shall cause the certificate to become inoperative, and it is unlawful thereafter for any person to engage or offer to engage or hold himself out as engaging in contracting under the certificate unless the certificate is restored or reissued. (2) A certificate which is inoperative because of failure to renew shall be restored on payment of the proper renewal fee as hereafter provided, if the application for restoration is made within one year of expiration. [The] renewal fee [shall be as follows]: 659 78 Underlined passages are °= .... '- ~ ..... ~ passages are deleted. added. --2-- Within 3 months of expiration Over 3 months but not more than 6 months Over 6 months but not more 9 months Over 9 months but not more than 1 year 25% of renewal fee 50% of renewal fee 75% of renewal fee 100% of renewal fee If the application for restoration is not made within one year of the expiration, the fee for restoration shall be equal to the original application fee; and in addition, the board may require reexamination of the applicant. shall --..ut ~,,~------ .... ;- contracting but · vv ~ y~ar. (c) The annual renewal fee~ for inactive and activm contractors consistinq of Division I and Division II contractors and specialty conntractors, and .journeyman electricians and .journeyman plumbers, all holdinq St. Lucie County Certificates of Competency, shall be~-- ~u~-~lu,~---: established by the St. Lucim County Board of County Commissioners by resolution· (i) ~u-~_~ ~ ~en~ral, ........ d~,,t~l swlmmin~ d t t .......... t~t~ are specialty contractors. (2) Th~ ...... ~ ....~ renewal f~ for ...... specialty contractors shall be 659 ,, ,1079 ~,OOK ...... ~,, passages are deleted. added. Underlined passages are -3- 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 THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. oo 659 added. ~-~..~ passages are deleted. -4- Underlined passages are PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper Aye Vice-Chairman Havert L. Fenn Aye Commissioner R. Dale Trefelner Absent Commissioner Jim Minix Aye Commissioner Jack Krieger 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 B through G shall not be codified. PASSED AND DULY ADOPTED this 10th day of October, 1989. ~EST: / CLERK BOARD OF COUNTY COMMISSIONERS ST. ,.UCIE COUNT',', lESS: °~ .... '- ~ ..... ~ passages are deleted. added. --5-- Underlined passages are 9'96297 ORDINANCE NO.: 89-65 File NO.: PA-89-005 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED IN DORIAN SUBDIVISION, SOUTH OF ORANGE AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) FROM SU (SEMI URBAN) TO RL (LOW DENSITY RESIDENTIAL) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVI DING FOR CONFLICTING PROVISIONS AND SEVERABI LITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The St. Lucie County Board of County Commissioners on Behalf of Moorehead, Rowe, Flippen and Ferguson presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi Urban) to RL (Low Density Residential) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on August 24, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from SU (Semi Urban) to RL (Low Density Residential)for the property described below. 657 090 BO0~ 3. The Board held a public hearing on September 5, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on August 15, 1989. NOW, THEREFORE BE IT O~DAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION. The future land use classification set forth in the St. Lucie County Growth Management Policy Plan for that property described as follows: Dorian Subdivision - Block D, Lots 3, 4, '7, 8, 9, and 10 owned by Moorehead, Rowe, Flippen and Ferguson, be, and the same is hereby changed from SU (Semi Urban) to RL (Low Density Residential ) B. FINDING OF CONSISTENCY. This Board specifically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. "" 657091 ~00~ D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABI LI If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILING WITH TME DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WI TM THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. 092 I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert Fenn AYE Commissioner R. Dale Trefelner ABSENT Commissioner Jack Krieger ABSEN~ Commissioner Jim Minix i~TTEST: ~ L-Pc/r ~/ CLERK AYE PASSED AND DULY ADOPTED this 5th day of September, 1989. BOARD OF COUNTY COMMISSIONER~?' ST. LUCIE COUNTY, FLORIDA~ BY: 89-065 PLANAM(B) COU~TY/~A~/ ~ 9'96297 oo ,657 093 1011300 ORDINANCE NO. 89-66 (Formerly No. 88-13) AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 1-17 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, THEREBY AMENDING THE FEE SCHEDULE TO REFLECT AN INCREASE IN ROAD CONSTRUCTION COSTS AND TO INCLUDE RIGHT-OF- WAY ACQUISITION COSTS AS A PART OF ROAD COSTS; FURTHER AMENDING THE FEE SCHEDULE FORMULA FOR CALCULATING THE ROAD IMPACT FEE; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE SECRETARY OF STATE, EFFECTIVE DATE AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 85-10, imposing a roads impact fee effective February 1, 1986; and WHEREAS, the Board has determined to amend the roads impact fee schedule to reflect the increase in road construction costs and the cost of right-of-way aacquisitions; and WHEREAS, the cost of right-of-way acquisition is as much a part of road costs as the actual construction costs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. The fee schedules set out in Section 1-17-29 are amended as follows: add F# $ St tm~ ~t~ Doc Tax $ ~ ~1~ (~lmmlt Court tnt Tax $ , i~, - /~ BO0~ Struck ~,,~,,~ passages are deleted. added. -1- Underlined passages are NET ROAD COSTS BY LAND USE TYPE ST. LUCIE COUNTY MAINLAND LAND USE TYPE (UNIT) TOTAL COSTS CREDIT CONST. R.O.W. NET COST IMPACT FEE AT 85% RESIDENTIAL: Single Family (Unit) Mobile Home (Unit) Multi-family/Condo 3 stories .and over (Unit) Multi-family/Condo (under 3 stories) (Unit) Hotel/Motel (Room) Other Residential (Unit) OFFICE AND FINANCIAl,: (Per 1,000 Sq. Ft.) S ~, $ $29 $0 686 $1,102 $ 272 ~= 414 0 343 551 136 688 101 344 172 58~ 8~ 292 yon ol = 6b ...... 0 77 261 419 103 264 221 A=. =nd 0 147 499 803 198- 502 426 :nd .o: 0 191 649 1,044 258 653 555 457 =nd ~= 0 147 ~1~5 499 803 198 502 426 Medical Office $1,876 $3,015 $ 745 Financial 6,0~0 7,971 0 6,598 10,603 2,622 Other Office ~ 507 0 419 673 166 INDUSTRIAL: (Per 1,000 Sq. Ft.) ~~ 552 $ 469 $1,884 $1,601 1 941 I. 6,627 5,632 123 420 357 Warehouse $ ~n9 ~ on= 327 $ 526 $ 130 Wholesale =~Al~ ~=~=d= 0 451 725 179 Gen. Industrial ~ ==~n 0 364 585 144 329 13~ 453 107 365 279 11~ 385 91 310 667 ~ .... "=~ ..... ~ passages are deleted. Underlined passages are added. --2-- NET ROAD COSTS BY L~'D USE TYPE ST. LUCIE COUNTY MAINLAND (CONTINUED) LAND USE TYPE (UNIT) RECREATIONAL: (Per Parking Space) TOTAL COSTS CREDIT CONST. R.O.W. NET COST IMPACT FEE AT 85% Skating Rink Bowling Alley Golf Course Tennis Courts Water Sports INSTITUTIONAL: 97 $ 156 $ 38 $ 97 $ 82 118 0 29 24 $ 156 $ 38 $ 97 $ 82 118 0 29 24 $ 156 $ 38 $ 97 $ 82 118 0 29 24 $ 156 $ 38 $ 97 $ 82 118 0 29 24 $ 156 $ 38 $ 97 $ 82 Conf. Center (Per 1000 Sq. Ft.) Schools & Day Care (Per Student) Fraternal Org. (Per 1000 Sq. Ft.) RETAIL: (Per t,000 Sq. Ft.) 718 $ J~v $0 786 $1,263 $ 312 ~J 39 0 32 51 12 $ $ ~1 $ 19~ 789 $ 670 9 8 31 26 9 12 0 3 2 15 3 9 7 Under 50,000 Sq. Ft. 50,000-99,999 Sq. Ft. 100,000-199,999 Sq. Ft. 200,000-299,999 Sq. Ft. 300,000-399,999 Sq. Ft. 400,000-499,999 Sq. Ft. 500,000-999,999 Sq. Ft. 1,000,000 & Over Sq. Ft. $1,853 $2,978 $ 736 2,578 4,143 1,024 2,097 3,370 833 i,=~4 1,922 0 1,591 2,556 632 1,317 2,117 523 1,562 2,511 621 1,169 1,879 464 I,~ ~,=09 0 1,166 1,874 463 $2,021 2,811 2,287 1,735 1,437 1,704 1,275 1,271 $1,718 2,389 524 1,944 1,475 1,221 1,448 1,084 1,080 , 1049 Struck through passages are deleted. Underlined passages are added. --3-- NET ROAD COSTS BY LAND USE TYPE ST. LUCIE COUNTY SOUTH MAINLAND LAND USE TYPE (UNIT) TOTAL COSTS CREDIT CONST. R.O.W. IMPACT NET FEE COST AT 85% RESIDENTIAL: Single Family (Unit) Mobile Home (Unit) Multi-family/Condo 3 stories and over (Unit) Multi-family/Condo (under 3 stories) (Unit) Hotel/Motel (Room) Other Residential (Unit) 686 $1,529 $ 284 343 764 142 $1,127 $ 957 563 478 411 0 172 147 581 108 428 363 499 1,113 207_ 649 1,448 269 A~ ~0~ 0 499 1,113 207 821 697 1,068 907 821 697 OFFICE AND FINANCIAL: (Per 1,000 Sq. Ft.) Medical Office Financial Other Office $1,876 $ 4,182 $ 778 6,598 14,708 2,736 419 934 173 $3,084 $2,62~ 10,846 9,219 277 688 584 INDUSTRIAL: (Per 1,000 Sq. Ft.) Warehouse Wholesale Gen. Industrial 327 $ 730 $ 135 ~'° 711 0 451 1,006 187 °~ 574 419 812 538 $ 457 ~no ~A 742 630 0 ~A1 ~ 151 599 509 °" 667 ,, 1050 BOOK Struck through passages are deleted. Underlined passages are added. --4-- NET ROAD COSTS BY LAND USE TYPE ST. LUCIE COUNTY SOUTH MAINLAND (CONTINUED) LAND USE TYPE (UNIT) CREDIT TOTAL COSTS CONST. R.O.W. NET COST IMPACT FEE AT 85% RECREATIONAL: (Per Parkinq Space) Skating Rink Bowling Alley Golf Course Tennis Courts Water Sports °~ 97 $ 97 97 $ on 97 $ 97 $ 217 $ 40 $ 160 $ 136 1 ~ 0 ~A 217 $ 40 $ 160 $ 217 $ 40 $ 160 $ 217 $ 40 $ 160 $ 217 $ 40 $ 160 $ 136 136 136 55 136 INSTITUTIONAL: Conf. Center (Per 1000 Sq. Ft.) Schools & Day Care (Per Student) Fraternal Org. (Per 1000 Sq. Ft.) 786 32 $1,752 $ 325 $1,291 50 0 21 71 13 52 $1,097 18 44 9 15 0 6 5 8 21 4 16 13 RETAIL: (Per 1,000 Sq. Ft.) Under 50,000 Sq. Ft. 50,000-99,999 Sq. Ft. 100,000-199,999 Sq. Ft. 200,000-299,999 Sq. Ft. 300,000-399,999 Sq. Ft. 400,000-499,999 Sq. Ft. 500,000-999,999 Sq. Ft. 1,000,000 & Over Sq. Ft. $1,853 2,578 1,917 2,097 1,591 I,~4 1,317 1,562 1,169 1,166 $4,131 $ 768 $3,046 4,059 0 5,747 1,069 4,238 4,674 869 3,446 ~ ~ 0 ~ ~1 3,546 659 2,614 2 n~ 0 2,936 546 2,165 3,483 648 2,569 1,841 0 2,60? 485 1,923 I,~ 2,600 484 1,917 ~1 ~A~ $2,589 3,602 1,177 '2,929 2,221 1~840 8ti 2,183 1,634 1,629 Struck through passages are deleted. 0~ oo 667 ,, 1051 Underlined passages are added. -5- NET ROAD COSTS BY LAND USE TYPE ST. LUCIE COUNTY NORTH ISLAND LAND USE TYPE (UNIT) TOTAL COSTS CREDIT CONST. R.O.W. IMPACT NET FEE COST AT 85% RESIDENTIAL: Single Family (Unit) Mobile Home (Unit) Multi-family/Condo 3 stories and over (Unit) Multi-family/Condo (under 3 stories) (Unit) Hotel/Motel (Room) Other Residential (Unit) $ 789 $3,114 $ 305 484 1,909 187 $2,630 2,235 1,612 1,370 ~,~ 1,344 0 368 1,453 142 1,227 1,042 705 2,781 273 ~, 3,340 0 915 3,611 354 705 2,781 273 2,349 1,996 2,=no~ 2,127 3,050 2,592 i,n~o l,=On 2,349 1,996 OFFICE AND FINANCIAL: (Per 1,000 Sq. Ft.) Medical Office Financial Other Office ~°° $i ~ 638 $2,518 $ 247 2,246 8,857 869 ~°~ 390 0 142 562 55 $2,127 1,807 7,480 6,358 475 403 INDUSTRIAL: (Per 1,000 Sq. Ft.) Warehouse Wholesale Gen. Industrial ~ ~ 375 oa i02 $ 405 $ 39 ~n 517 0 141 558 54 $342 290 471 400 "~= 417 0 °~3 ~ 114 450 44 380 323 667 500K °~ .... " ~ ..... ~ passages are u=l=u=u~-"-~-=. Underlined passages are added. -6- NET ROAD COSTS BY LAND USE TYPE ST. LUCIE COUNTY NORTH ISLAND (CONTINUED) LAND USE TYPE (UNIT) CREDIT TOTAL COSTS NET CONST. R.0.W. COST IMPACT FEE AT 85% RECREATIONAL: (Per Parkinq SDace) Skating Rink Bowling Alley Golf Course Tennis Courts Water Sports 36 $ 143 $ 14 $ 121 33 36 33 36 @@ 36 $ 143 $ 14 $ 121 132 0 nn $ 143 $ 14 $ 121 $ 143 $ 14 $ 121 132 0 99 $ 143 $ 14 $ 121 102 102 102 102 102 INSTITUTIONAL: Conf. Center (Per 1000 Sq. Ft.) Schools & Day Care (Per Student) Fraternal Org. (Per 1000 Sq. Ft.) 292 11 11 3 1,153 $ 113 $ 974 827 ~ 0 ~ ~0 47 4 40 34 13 0 10 14 1 12 10 RETAIL: (Per 1,000 Sq. Ft.) Under 50,000 Sq. Ft. 50,000-99,999 Sq. Ft. 100,000-199,999 Sq. Ft. 200,000-299,999 Sq. Ft. 300,000-399,999 Sq. Ft. 400,000-499,999 Sq. Ft. 500,000-999,999 Sq. Ft. 1,000,000 & Over Sq. Ft. 689 959 78O 592 49O 581 435 434 $2,719 $ 266 $2,296 ~ ~ 0 2,6~ 3,782 371 3,194 3,077 302 2,599 2,159 0 2,334 229 2,971 1,932 189 1,631 ~ ~ 0 i =on 2,292 225 1,936 ~ =o~ 0 i ~on 1,716 168 1,449 1,711 168 1,445 $1,951 2,714 O1~ 2,209 1,675 1,386 1,645 1,231 1,228 °" 667 P, o 1053 °= .... " ~-~' ..... ~ passages are deleted. Underlined passages are added. -7- LAND USE TYPE (UNIT) RESIDENTIAL: Single Family (Unit) Mobile Home (Unit) Multi-family/Condo 3 stories and over (Unit) Multi-family/Condo (under 3 stories) (Unit) Hotel/Motel (Room) Other Residential (Unit) OFFICE AND FINANCIAL: (Per 1,000 Sq. Ft.) Medical Office Financial Other Office INDUSTRIAL: (Per 1,000 Sq. Ft.) Warehouse Wholesale Gen. Industrial NET ROAD COSTS BY LAND USE TYPE ST. LUCIE COUNTY FT. PIERCE ISLAND TOTAL COSTS CREDIT CONST. R.0.W. IMPACT NET FEE COST AT 85% $ 884 $1,430 $ 306 $ 47~ °=~ ~ 518 877 187 614 $ 522 965 820 ~,7 320 591 502 394 667 143 450 383 754 1,277 974 1,650 754 1,277 273. 796 676 353 1,029 874 273 796 676 $ 399 $ 676 $ 144 $ 421 , ~o~ 0 i, 1,404 2,377 509 1,482 89 151 32 94 357 1,259 55 79 $ 64 $ 108 $ 23 $ 67 $ 56 88 150 32 94 79 ~== 117 0 52 44 71 121 25 75 63 667 °~ .... "~-~' ..... ~' passages are deleted. Underlined passages are added. -8- NET ROAD COSTS BY LAND USE TYPE ST. LUCIE COUNTY FT. PIERCE ISLAND (CONTINUED) LAND USE TYPE (UNIT) TOTAL COSTS CREDIT CONST. R.O.W. NET COST IMPACT FEE AT 85% RECREATIONAL: (Per Parkinq Space) Skating Rink Bowling Alley Golf Course Tennis CoUrts Water Sports $ 22 $ 38 $ 8 $ 21 37 0 $ 22 $ 38 $ 8 $ 21 37 0 $ 22 $ 38 $ 8 $ 21 37 0 $ 22 $ 38 $ 8 $ 21 37 0 $ 22 $ 38 $ 8 $ 16 24 16 24 16 24 16 24 $ $ 14 2O 14 20 14 20 14 20 14 20 INSTITUTIONAL: Conf. Center (Per 1000 Sq. Ft.) Schools & Day Care (Per Student) Fraternal Org. (Per 1000 Sq. Ft.) 182 $ 309 $ 66 $ 193 164 7 12 0 5 5 7 12 2 7 5 2 4 0 ~ RETAIL: (Per 1,000 Sq. Ft.) Under 50,000 Sq. Ft. 50,000-99,999 Sq. Ft. 100,000-199,999 Sq. Ft. 200,000-299,999 Sq. Ft. 300,000-399,999 Sq. Ft. 400,000-499,999 Sq. Ft. 500,000-999,999 Sq. Ft. 1,000,000 & Over Sq. Ft. 431 599 4~7 $729 $ 156 $ 454 1,015 217 633 825 176 514 $ 385 371 538 301 436 338 =~" ~ ~=~ 229 370 626 134 390 331 306 518 111 323 274 363 615 131 383 325 272 460 98 286 243 271 459 98 286 243 667 through passages are deleted. Underlined passages are added. -9- NET ROAD COSTS BY L~N'D USE TYPE ST. LUCIE COUNTY SOUTH ISLAND LAND USE TYPE (UNIT) TOTAL COSTS CREDIT CONST. R.O.W. NET COST IMPACT FEE AT 85% RESIDENTIAL: Single Family (Unit) Mobile Home (Unit) Multi-family/Condo 3 stories and over (Unit) Multi-family/Condo (under 3 stories) (Unit) Hotel/Motel (Room) Other Residential (Unit) S 541 ~ ~ '~ ~ 592 5,321 $ 245 363 3,264 150 276 2,483 114 529 4,754 219 694 6,237 287 529 4,754 219 $4,974 3,051 1,694 2,321 3~~A~ 4,944 5,830 3~~R9 4,444 $4,227 1,8n~ 2,593 1,972 3,777 4,955 3,777 OFFICE AND FINANCIAL: (Per 1,000 Sq. Ft.) Medical Office Financial Other Office $ 558 $5,022 $ 231 1,965 17,660 815 124 1,122 51 $4,695 12,047 16,570 765 1,049 $3,990 14,085 891 INDUSTRIAL: (Per 1,000 Sq. Ft.) Warehouse Wholesale Gen. Industrial S °~ $ 533 ~ 89 $ 807 $ 37 124 1,114 51 100 899 41 $ 755 $ 641 1,041 884 840 714 °" 667 , 1056 5001( deleted passages are . Underlined passages are added. -10- NET ROAD COSTS BY LAND USE TYPE ST. LUCIE COUNTY SOUTH ISLAND (CONTINUED) LAND USE TYPE (UNIT) CREDIT TOTAL COSTS NET CONST. R.O.W. COST IMPACT FEE AT 85% RECREATIONAL: (Per Parkinq Space) Skating Rink Bowling Alley Golf Course Tennis Courts Water Sports INSTITUTIONAL: S 31 $ 285 $ 13 $ 267 $226 29 ~ ~4 0 195 31 285 13 267 226 31 285 13 267 226 31 285 13 267 226 31 285 13 267 226 Conf. Center (Per 1000 Sq. Ft.) Schools & Day Care (Per Student) Fraternal Org. (Per 1000 Sq. Ft.) 255 $2,299 $ 106 $2,150 10 74 0 64 93 4 87 3 22 0 19 28 1 26 $1,827 TA 73 17 22 RETAIL: (Per 1,000 Sq. Ft.) Under 50,000 Sq. Ft. 50,000-99,999 Sq. Ft. 100,000-199,999 Sq. Ft. 200,000-299,999 Sq. Ft. 300,000-399,999 Sq. Ft. 400,000-499,999 Sq. Ft. 500,000-999,999 Sq. Ft. 1,000,000 & Over Sq. Ft. 603 $5.422 $ 250 $5,069 839 7.542 348 7,051 ~, ~ o~ O 4 185 682 6.135 283 5,736 518 4,654 214 4,350 428 3,854 177 3,030 508 4,571 210 4,273 380 3.421 157 3,198 5,993 4.875 2, $99 3,697 2,235 3,062 3,632 2,718 2,711 OR oo,667 , 1057 passages are deleted. UnO~rline~ passages are added. -11- NET ROAD COSTS BY LAND USE TYPE ST. LUCIE COUNTY MIDDLE ISLAND LAND USE TYPE (UNIT) TOTAL COSTS CREDIT CONST. R.O.W. NET COST IMPACT FEE AT 85% RESIDENTIAL: Single Family (Unit) Mobile Home (Unit) Multi-family/Condo 3 stories and over (Unit) Multi-family/Condo (under 3 stories) (Unit) Hotel/Motel (Room) Other Residential (Unit) $1,162 $4,315 $ 437 713 2,646 268 $3,590 2,201 542 2,013 204 1,675 1,038 3,855 ' ~ 3 431 1,344 4,988 1,038 3,855 $3,051 1,870 1,423 0 1,702 1,~47 391 3,208 2,726 506 4,150 3,527 0 I,~m~ " ~ 391 3,208 2,726 OFFICE AND FINANCIAL: (Per 1,000 Sq. Ft.) Medical Office Financial Other Office $ 558 $2,074 ~ "~= 5 018 1,965 7,295 ~ 319 124 463 210 $1,726 0 ~ ~1 740 6,070 0 ~ 47 386 $1,467 5,159 328 INDUSTRIAL: (Per 1,000 Sq. Ft.) Warehouse Wholesale Gen. Industrial 89 $ 333 $ 33 $ ~ 317 0 124 460 46 ~ e 125 277 235 382 324 100 371 37 308 261 OR ' passages are deleted. Underlined passages are added. -12- NET ROAD COSTS BY LAND USE TYPE ST. LUCIE COUNTY MIDDLE ISLAND (CONTINUED) LAND USE TYPE (UNIT) CREDIT TOTAL COSTS CONST. R.O.W. NET COST IMPACT FEE AT 85% RECREATIONAL: (Per ParkinQ SDace) Skating Rink Bowling Alley Golf Course Tennis Courts Water Sports 31 29 31 $ 117 81 117 $ 11 $ 97 $ 82 0 52 44 11 97 82 29 81 0 52 44 31 117 11 97 82 29 81 0 52 44 31 117 11 97 82 29 81 0 52 44 31 117 11 97 82 INSTITUTIONAL: Conf. Center (Per 1000 Sq. Ft.) Schools & Day Care (Per Student) Fraternal Ors. (Per 1000 Sq. Ft.) 'RETAIL: (Per 1,000 SQ. Ft.) $ 949 96 $ 790 $ 671 10 27 0 17 15 38 3 31 26 3 @ 0 ~ 4 11 1 9 7 Under 50,000 Sq. Ft. 50,000-99,999 Sq. Ft. 100,000-199,999 Sq. Ft. 200,000-299,999 Sq. Ft. 300,000-399,999 Sq. Ft. 400,000-499,999 Sq. Ft. 500,000-999,999 Sq. Ft. 1,000,000 & Over Sq. Ft. 603 $2,239 839 3,115 682 2,534 518 1,922 392 ' ~= 428 1,592 508 1,888 380 1,413 379 1,409 $ 227 $1,915 316 2,664 257 2,167 195 1,644 161 1,362 191 1,615 143 1,208 143 1,205 OR oo 667 , 1059 ~ OA1 $1,628 1,169 2,264 951 1,842 722 1,397 598 1,158 1,373 531 1,027 1,024 Struck through passages are deleted. Underlined passages are added. -13- The following formula shall be used by the county administrator or his designee to determine the impact fee per unit: ATTRIBUTABLE TRAVEL = [(TRIP RATE x TRIP LENGTH) / 2] X % NEW TRIPS (1)NEW LANE MILES = r,~ ..... ~: .... ~ ~ v ~ ....... Trip Length ATTRIBUTABLE TRAVEL / LANE CAPACITY CONSTRUCTION COST = NEW LANE MILES x CONSTRUCTION COST PER LANE MILE RIGHT OF WAY COST = NEW LANE MILES x RIGHT OF WAY COST PER LANE MILE TOTAL COST = CONSTRUCTION COST + RIGHT OF WAY COST '~ NET COST = TOTAL COST - r~ ~ ~ ...... LICENS~ CREDIT ~= ~ ~~ ~ ..... ~ CREDITS : ~4~ IMPACT FEE = NET COST - DISCOUNT PART B. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as set out in Section 1- 917-25(c) of the Code of Ordinances of St. Lucie County, Florida. 667 °~ .... " ~ ..... ~ passages are deleted. added. -14- Underlined passages are 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 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall be effective on March 1, 1990. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Jack Krieger CODIFICATION. AYE AYE ABSENT 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 G shall not be codified. PASSED AND DULY ADOPTED this 13th day of November, 1989. Struck through passages are deleted. added. -15- 667 BOOK Underlined passages are ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA .~ BY: N APPROVED AS TO FORM AND CORRF~TNESS: 1011300 667 ~00~ £truck through passages are deleted. added. -16- Underlined passages are ORDINANCE NO. 89-67 DOUGLAS DIXON Add ?ce $ _St. Lueie County Doc Ta:; $ -- Clerk of Circuit f>~ .... Total $ ,,,,~-~ ~ f) Deputy Clerk AN ORDINANCE AMENDING SECTION 1-12-42 FORTUNE-TELLERS, CLAIRVOYANTS, ETC. OF ARTICLE II OCCUPATIONAL LICENSE TAXES AND REGULATIONS OF CHAPTER 1-12 LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY DELETING THE EXEMPTION FOR CHURCHES, BY DELETING THE REQUIREMENT FOR A PERMIT FROM THE BOARD OF COUNTY COMMISSIONERS, BY DELETING THE REQUIREMENT FOR DISPLAY, AND BY DELETING THE PENALTY PROVISION; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 205.341 and 205.351, Florida Statutes (1971) upon which the exemption provision and permit provisions of Section 1-12-42 were patterned have been repealed. 2. The display requirement and penalty provision are contained elsewhere in the Code of Ordinances and are therefore repetitive. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-12-42 FORTUNE-TELLERS, CLAIRVOYANTS, ETC. OF ARTICLE II OCCUPATIONAL LICENSE TAXES AND REGULATIONS OF CHAPTER 1-12 LICENSES, PERMITS, AND MISCELLANEOUS BUSINESS REGULATIONS OF THE ST. LUCIE COUNTY CODE OF ORDINANCES 660 oo 111 ~°~" through passages are deleted. added. -1- Underlined passages are Section 1-12-42 of Article II of Chapter 1-12 is hereby amended to read as follows: Section 1-12-42. Fortune-tellers, clairvoyants, etc. Every fortune-teller, clairvoyant, palmist, astrologer, phrenologist, character reader, spirit medium, absent treatment healer, or mental healer and every person engaged in any occupation of a similar nature shall pay a license tax of one hundred fifty dollars ($150.00). regular ~d ..... d ........ t ..... other pursuit ......A a~ _~_,, ~A a ..... d ~ ..... appllca t " Is at least ~4_~A~ ~ o~ A ~ ....... ~ years ~f age. least A-- ,,. x ..... prior to the ........................ (5) letters .......... f~ot degree. 660 112 Struck =~ ..... ~ passages are deleted added. --2-- Underlined passages are from the sheriff ' ~ = ~A police department county permit f ....... d ..... __ a ..... ~ ....... .. ,~th~t ~ licenme. 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, Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are 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 Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Judy Culpepper Vice-Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jim Minix Commissioner Jack Krieger CODIFICATION. Aye Aye Absent 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 G shall not be codified. PASSED AND DULY ADOPTED this 10th day of October, 1989. ~°~" ~..~u~..~ passages are deleted. added. --4-- °" 660 iii bOOK Underlined passages are BOARD OF COUNTY COI~IISS~0.~RS~., ST. LUCIE COUNTY, FLOR~:: APPROVED AS TO FORM CORRECTNESS: COUNTY' ~o~fi~O ~ 115 O~ .... 1. ~ ..... ~ passages are deleted. added. -5- Underlined passages are 1014123 ORDINANCE NO. Add Fee $ Sl~ Lucie County Doc Tax $ ..... Clerk of Circ~.it Co~t 89-72 AN ORDINANCE AMENDING CHAPTER .1-13.5 "MUNICIPAL SERVICING TAXING OR BENEFIT UNITS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, THEREBY AMENDING SECTION 1-13.5-10(i) TO PROVIDE FOR THE USE OF THE UNIFORM METHOD OF COLLECTING NON AD VALOREM SPECIAL ASSESSMENTS PURSUANT TO THE PROVISIONS OF SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES; PROVIDING FURTHER FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In 1988, the Florida Legislature adopted legislation authorizing local governments to use a uniform method of collecting special assessments. 2. The uniform method of collecting special assessments set out in Sections 197.3632 and 197.3635, Florida Statutes, will benefit the Board and the citizens of St. Lucie County, Florida. 3. Adoption of the uniform method of collecting special assessments is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Struck =~ ..... ~ passages are deleted added. --1-- Underlined passages are PART A. AMENDMENT OF SECTION 1-13.5-10(i) (OPTIONAL METHOD OF COLLECTING SPECIAL ASSESSMENT) OF SECTION 1-13.5-10 (SPECIAL ASSESSMENTS; COLLECTION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Section 1-13.5-10(i) of Section 1-13.5-10 of the Code of Ordinances of St. Lucie County, Florida, is amended to read as follows: Section 1-13.5-10. Special assessments; collection. (i) Optional method of collecting special assessment. As--a~ As an alternative method of collecting special assessments, the board may, pursuant to the provisions of Sections 197.3632 and 197.3635, Florida Statutes, as amended, use the uniform method of collecting special assessments specified in those sections if: (1) /-)% Struck =~ ..... ~ passages are deleted added. 2 Underlined passages are ' 841 oo 669 (i) The board enters into a written agreement with the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector providing for reimbursement of necessary administrative costs including, but not limited to, those costs associated with personnel, forms, supplies, data processinq, computer equipment, postage and programming. (2) The board adopts a resolution clearly stating its intent to use the uniform method of collecting the special assessment at a public hearing prior to January 1. A notice of intent to use the uniform method of assessment shall be published weekly in a newspaper of general circulation for 4 consecutive weeks preceding the hearing. The resolution shall state the need for the levy and shall include a legal description of the boundaries of the real property subject to the levy. If the resolution ia adopted, the board shall send a copy of th~ resolution by United States Mail to the property appraiser, the tax collector and the Department of Revenue. 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 Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are 669 842 BOOK 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 THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on January 1, 1990. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner Vice Chairman Havert L. Fenn Commissioner Judy Culpepper Commissioner Jim Minix Commissioner Jack Krieger Aye Aye Absent Aye Aye Struck ~ ..... ~ passages are deleted added. --4-- Underlined passages are 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 this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 12th day of December, 1989. ATTEST: I DI~tPUTY C~gRK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 1014123 '89 OEi", 21 F't2:3~ Struck through passages are deleted. added. --5-- Underlined passages are °" oo 669 844 1012212 AN ORDINANCE AMENDING SECTION 1-2.5-26 ~ ~ ~ // / / / UNRESTRICTED AREAS" OF ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS, TO PROVIDE FOR ENTRY BY PERSONS WHO ENTER IN ACCORDANCE WITH SECURITY CLEARANCE FROM THE ST. LUCIE COUNTY PORT AND AIRPORT DIRECTOR, OR HIS DESIGNEE, PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING PENALTIES; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(e), Florida Statutes, authorizes and empowers the Board of County Commissioners to operate air transportation facilities. · 2. Section 125.01(m), Florida Statutes, authorizes and empowers the Board of County Commissioners to develop and enforce plans for the control of traffic and parking. 3. On May 9, 1989, this Board adopted Ordinance No. 89-31, which created Chapter 1-2.5 (Airport and Aircraft) of the St. Lucie County Code of Ordinances and Compiled Laws and established surface vehicle traffic regulations for the St. Lucie County International Airport. 4. Section 1-2.5-26(a), "Entry to Airport Movement Area, or unrestricted areas," provides that no person may enter the airport movement area or a restricted area of an airport except in accordance with security clearance from the St. Lucie County Sheriff's Department. ~°~=~'- through passages are deleted. added. --1-- Underlined passages are 5. Effective October 1, 1989, the St. Lucie County Sheriff no longer maintains a security force at the St. Lucie County International Airport. Accordingly, it is appropriate to amend Section 1-2.5.26(a) to provide for persons to enter the airport areas with security clearance from the St. Lucie County Port and Airport Director. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-2.5-26. ENTRY TO AIRPORT MOVEMENT, OR RESTRICTED AREAS. Section 1-2.5-2-6. "Entry to airport movement area, or restricted areas," of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, hereby amended to read as follows: Section 1-2.5-26. Entry to airport movement area, or restricted areas. No person shal 1 enter the Airport Movement Area or a restricted area of an airport except: (a) Persons who enter in accordance with security clearance from the St. Lucie County o~A_:==._ ......... D~partment Port and Airport Director;. (b) Persons assigned duties on the Airport Movement Area or other restricted area bearing proper identification as approved and required in Section 1-2.5-27 herein. (c) Persons who are employees or authorized representatives of the Authority or other federal, state, or local governmental department or agency, having proper business thereon and bearing proper identification as approved and required herein. Struck through passages are deleted. Underlined passages are added. 2 ~R 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. PENALTIES Violation of this ordinance is a misdemeanor pursuant to Section 125.69, Florida Statutes, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to five hundred and 00/100 dollars ($500.00), or both such imprisonment and fine. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. ~°~ .... ~'- ~,,~..~ passages are deleted. added. --3-- Underlined passages are PART F. EFFECTIVE DATE. This ordinance shall take effect upon the date of adoption. PART G. 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 Judy Culpepper ABSENT Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PART H. 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 G shall not be codified· PASSED AND DULY ADOPTED this 28th day of November, 1989· ATTEST: 1012212 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA '89 DE~13 1~:34 30LIGt_;',-:,; ]~ON i BY' ~ ,' re /'; ~, '..: .",-.' ':[', ~-- ~ ['~: ,',.,.~.: ,, ~ :: :,~:.:,',~ ~,, APPROVED TO FO~ CORRECTNESS: o .~./ ~ _~ . ~4. CO~T~ ATTORNEY Struck ~,,~,,~ passages are deleted. added. --4-- Underlined passages are 0R oo 667 1013843 ORDINA~NCE NO. 89-76 AN ORDINANCE AMENDING SUBSECTION (8) (ACCESSORY USES) OF SECTION 3.3.118 (U UTILITIES) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) PROVIDING FOR EATING PLACES AT AIRCRAFT TRANSPORTATION FACILITIES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 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. In order to provide the tourists and citizens of St. Lucie County with the convenience of food services at aircraft transportation facilities, eating places should be allowed as accessory uses in Utilities (U) districts under Section 3.3.118(8). 3. On XX, 1989, the St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission held a public hearing, due notice of which had been published at least fifteen (15) days in advance to consider amending the text of the St. Lucie County Zoning Ordinance, as set forth in this ordinance. 4. The St. Lucie County Planning Agency and the St. Lucie County Planning and Zoning Commission has recommended that the Board approve the proposed amendment. Struck ~,,~,,~ passages are deleted. added. --1-- Underlined passages are 5. On XX, 1989, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the proposed amendment after publishing notice in The Tribune on XX, 1989. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SUBSECTION (8) (ACCESSORY USES) OF SECTION 3.3.118 (U UTILITIES) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES). Subsection (8) of Section 3.3.118 of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby amended as follows: Section 3.3.118. U Utilities. (8) Accessory uses: (a) Automobile and truck rental services. (b) Eating places at aircraft transportation facilities. (c) Motor vehicle parking. (d) Motor vehicle repair services. (e) Motor vehicle wash services. (f) Transportation services and arrangements. 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 Struck ~..~..~ passages are deleted. added. 2 Underlined passages are 272 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 Administrative Code and 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 Office of the Secretary of State that this ordinance has been filed in that office. 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 Judy Culpepper ABSENT Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PART O. 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 Struck ~..~.,~ passages are deleted. added. --3-- Underlined passages are 669 oo, 273 renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 12TH day of December, 1989. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED A8 TO FORM ~D' ~L.,::::,/.~,~,j.<::::., 1013843 Struck added. through passages are deleted. --4-- Underlined passages are A669274 014857 ORDINANCE NO. Add Fee $ Doc Tax $, iht'lax $ , ~L Lucie County Clerk of Circuit Court Deputy Clexlr 89-78 AN ORDINANCE AMENDING SECTION 1-3-1 (HOURS OF SALE REGULATED) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-3 (ALCOHOLIC BEVERAGES) BY EXTENDING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES WITHIN THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY WHEN DECEMBER 31 FALLS ON A SUNDAY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In order to allow the sale of alcoholic beverages after midnight when New Years' Eve falls on a Sunday, it is necessary to extend the legal hours for the sale of alcoholic beverages within the unincorporated areas of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-3-1 (HOURS OF SALE REGULATED) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-3 (ALCOHOLIC BEVERAGES) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Section 1-3-1 of Article I of Chapter 1-3 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to ead as follows: passages are deleted. -1- Underlined passages are CHAPTER 1-3 ALCOHOLIC BEVERAGES ARTICLE I. IN GENERAL Section 1-3-1. Hours of sale regulated. No alcoholic beverages may be sold, consumed or served or permitted to be served or consumed, in any place in the unincorporated areas of the county holding a license under the Florida Division of Beverages of the Department of Business Regulations, between the hours of 2:00 a.m. and 7:00 a.m. of the same day on weekdays; between the hours of 2:00 a.m. and 1:00 p.m. on Sunday and between the hours of midnight on Sunday and 7:00 a.m. on Monday= except when December 31 shall fall on Sunday in which event, the same closing hours shall apply as apply on weekdays. 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 Struck ~,.~..~ passages are deleted. added. --2-- Underlined passages are 669 ~00~ held t0 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 Administrative Code and 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 Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Judy Culpepper Vice Chairman Havert L. Fenn Commissioner R. Dale Trefelner Commissioner Jack Krieger Commissioner Jim Minix CODIFICATION. Aye Aye Aye Absent Aye 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 G shall not be codified. Struck ~,,~..~ passages are deleted. Underlined passages are added. oo 669 PASSED AND DULY ADOPTED this 19th day of December, 1989. ATTEST: / D~PUTY ~ERK - BOARD OF COUNTY ST. LUCIE COUNTY, FLOR~ BY: . APPROVED AS TO FORM AND ~0RRECTNESS: 101~1857 ~= .... '- ~' ..... ~ passages are deleted. added. --4-- Underlined passages 669 BOOK are