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Home My WebLink About1990ORDINANCE NO. 90-1 AN ORDINANCE ADOPTING THE ST. LUCIE COUNTY COMPREHENSIVE PLAN, SETTING FORTH THE AUTHORITY FOR THE ADOPTION OF THE COMPREHENSIVE PLAN; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN; IDENTIFYING PLAN ELEMENTS, SUB-ELEMENTS; INCORPORATING THE PORT MASTER PLAN; REPEALING THE 1981 ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN; PROVIDING FOR INTERPRETATION; PROVIDING FOR PROVISIONS, SEVERABILITY AND APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE, EFFECTIVE DATE, ADOPTION AND CODIFICATION WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and, WHEREAS, Section 163.3167, Florida Statutes, requires each county in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and, WHEREAS, St. Lucie County is now required to adopt the St. Lucie County Comprehensive Plan, hereafter to be referred to as the Comprehensive Plan pursuant to the provisions of Section 163.3184(7), Florida Statutes, and, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has provided for the broad dissemination of proposals and alternatives, opportunity for written comments, public hearings after public notice, provisions for open discussion, communication programs, and consideration of and response to public comments concerning the provisions contained 700 ~°~" ~,,~,,~ passages are deleted. Underlined passages are added. -1- in the proposed Comprehensive Plan for St. Lucie County, Florida; and, WHEREAS, the County invited written comment and public participation at scheduled public hearings; and, WHEREAS, the Ordinance No. 76-4, adopted by the Board of County Commissioners of St. Lucie County, Florida, on June 26, 1976, and Ordinance No. 86-03 adopted by the Board of County Commissioners of St. Lucie County, Florida on April 1, 1986, designated the St. Lucie County Planning and Zoning Commission as the Local Planning Agency for the unincorporated areas of St. Lucie County, Florida, and set forth the duties and responsibilities of said local planning agency; and, WHEREAS, the St. Lucie County Local Planning Agency held workshops and public hearings on the proposed Comprehensive Plan and considered the findings and advice of all interested parties submitting comments at the public hearings, and recommended the submittal of the draft Comprehensive Plan to the Department of Community Affairs; and, WHEREAS, the Board of County Commissioners of St. Lucie County held workshops and public hearings on the proposed Comprehensive Plan and considered the findings and advice of all interested parties submitting comments at the public hearings, and the recommendations of the Local Planning Agency, and upon thorough and complete consideration and deliberation, approved the draft Comprehensive Plan for submittal to the Department of Community Affairs; and, 700 Struck through passages are deleted. Underlined passages are added. 2 WHEREAS, St. Lucie County transmitted said the Comprehensive Plan on August 1, 1989 to the Department of Community Affairs pursuant to Chapter 163.3184(3) and Florida Administrative Rule 9J-11; and, WHEREAS, St. Lucie County received the Florida Department of Community Affairs "Objections, Recommendations and Comments Report" on November 10, 1989 reflecting the Department's review of the draft Comprehensive Plan; and, WHEREAS, the St. Lucie County Local Planning Agency held public hearing after due public notice on December 14, 1989; reviewed the written comments submitted by the Department of Community Affairs as the "Objections, Recommendations, and Comments Report", and all other written or oral comments submitted by members of the public and governing agencies; and, WHEREAS, the St. Lucie County Local Planning Agency made its recommendations to the Board of County Commissioners of St. Lucie County for adoption of the Comprehensive Plan; and, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, held a workshop meeting on January 3, 1990 to discuss the written comments submitted by the Department of Community Affairs and the recommendation of the Local Planning Agency; and, WHEREAS, the Board of County Commissioners of St. Lucie County held a public hearing after due public notice on January 8, 1990 and January 9, 1990; reviewed the written comments submitted by the Department of Community Affairs as the 700 ...... through passages are deleted. Underlined passages are added. --3-- objections, recommendations, and comments report; reviewed the recommendations by the Local Planning Agency, and all other written or oral comments submitted by members of the public and governing agencies; and, WHEREAS, the elements and sub-elements of the Comprehensive Plan to be adopted by the Ordinance comply with the requirements of the Local Government Comprehensive Planning and Land Development Regulations Act and Florida Administrative Code Rule 9J-5; and, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has determined that adoption of the Comprehensive Plan 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, as follows: PART A. AMENDMENT OF CHAPTER 1-16 "PLANNING" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY ADDING ARTICLE II "ST. LUCIE COUNTY COMPREHENSIVE PLAN". Chapter 1-16 "Planning" of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding Article II "St. Lucie County Comprehensive Plan" to read as follows: ARTICLE II. ST. LUCIE COUNTY COMPREHENSIVE PLA~ Section 1-16-16. Authority. This Ordinance is adopted in compliance with, and pursuant to the Local Government Comprehensive Planning and Land Development Requlations Act, Section 163.3161, et. seq., Florida Statutes. 700 [1802 Struck ~,,,.~-,.,~,~ passages are deleted. Underlined passages are added. --4-- Section 1-16-17. Purpose and intent. It is hereby declared that the purpose and intent of this Ordinance is to preserve and enhance present advantages; encouraqe the most appropriate use of land, water and resources consistent with the public interest; overcome present handicaps; and deal effectively with future problems which may result from the use and development of land within the unincorporated areas of St. Lucie County, Florida. ThrouGh the use of the Comprehensive Plan, and those elements thereto adopted herein by this Ordinance, it is the intent of the Board of County Commissioners of St. Lucie County, Florida, to preserve, promote, and protect, and improve the public health, safety, comfort, goo,] order, appearance, convenience, law enforcement and fir~ protection, and general welfare; prevent the overcrowdinq of land and avoid undue concentration of population; facilitate the adequate seweraqe, drainage, and efficient provision parks and recreational and other services; and of transportation, water, facilities, solid waste, conserve, appropriately develop, utilize, and protect natural and historic resources. The provisions of the elements adopted by this Ordinance arc. declared to be the minimum requirements necessary to accomplish the aforesaid stated intent, purpose and objectives of this Ordinance, and they are declared to be the minimum requirementf~ to maintain, through orderly qrowth and development, tha character and stability of present and future land use and development in the unincorporated areas of St. Lucie County, Florida.~00K0 R 700 ?AG[1803 Struck ~..~u~..~ passages are deleted. Underlined passages are added. -5- Section 1-16-18. Adoption of Comprehensive Plan. The St. Lucie County Comprehensive Plan is hereby adopted, and is the official Comprehensive Plan for the unincorporated area of St. Lucie County, Florida. By the adoption of the St. Lucie County Comprehensive Plan, the 1981 St. Lucie County Growth Management Policy Plan and Ordinance 86-1 are hereby repealed. Section 1-16-19. Comprehensive Plan Elements. The St. Lucie County Comprehensive Plan shall consist of tha followinq elements containinq directives, goals, objectives, policies, future conditions: implementation strateqies and required maps showino Section I: Section II: Section III: Section IV: Section V: Section VI: Section VII: Section VIII: Section IX: Section X: Section XI: Section XII: Future Land Use Element Traffic Circulation Element Mass Transit Element Port Aviation and Related Facilities Housinq Element Potable Water Sub-Element Sanitary Sewer Sub-Element Solid Waste Sub-Element Drainage and Natural Groundwater Aquifer Recharge Sub-Element Coastal Management Element Conservation Element Recreation and Open Space Intergovernmental Coordination Element Capital Improvements Element Provisions for Public Participation Struck through passages are deleted. added. -6- Underlined passages are 700 ~,OOK Section 1-16-20. Port Master Plan The St. Lucie County Port and Airport Authority's Port Master Plan is hereby incorporated into the Coastal Management Element of the St. Lucie County Comprehensive Plan pursuant to Section 163.3178, Florida Statutes. Section 1-16-21. Interpretation The languaqe and provisions of this ordinance and the Comprehensive Plan shall be construed in pari materia with Section 163.3161, et.seq., Florida Statutes and Chapter 9J-5, Florida Administrative Code. Definitions provided in Section 163.3161, et. seq., Florida Statutes as they apply to th,-~ interpretation of this ordinance are incorporated herein by reference as the same may from time to time be amended. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. 700 Struck through passages are deleted. Underlined passages are added. --7-- PART D. 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 E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner AYE Vice-Chairman Havert L. Fenn AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE PART F. Commissioner Jack Krieger CODIFICATION. AYE Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this 9th day of January, 1990. ATTEST: .- · :;'~'./ CLERK / : C:~,- ~ ., o, 700 [1806 .... : .,.- ~OOK ~°~'- ~,,~,~ passages are deleted. added. CHAIRMAN BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA -8- Underlined passages are APPR0~ AS T0 FORN AND ~ COUNTY~Ey °~ 700 ,~1807 l!,OOK Struck ~ ..... -'- passages are deleted. Underlined passages are added. --9-- .~, L.~ ~.'ec $ -, _ S'~ Lude County , ; of Circuit Cour~ Dc,: ';~:',x $ ..---------'-- C~erx ORDINANCE N0. 90-2m DIVISION 1 OF ARTICLE II OF CHAPTER 1-20 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING WITHIN THREE HUNDRED-FIFTY (350) FEET IN ALL DIRECTIONS OF THE INTERSECTION OF MIDWAY ROAD AND GLADES CUT-OFF ROAD; DIRECTING THE COUNTY ROAD AND BRIDGE DIRECTOR TO POST NO PARKING SIGNS ALONG THE ABOVE DESCRIBED ROAD; 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. Lu¢ie 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 within three hundred-fifty (350) feet in all directions of the intersection of Midway Road and Glades Cut-Off Road. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 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: ~ .... "through passages are deleted. Underlined passages are added. --1-- ,oo 675 921 Section 1-20-17. Parking restr£cted on certain streets. (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 intersection with Angle Road. (200) feet of /ts "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. "Flamingo Boulevard," the ~ntire 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. Struck through passages are deleted. added. -2- Underlined passages ar~ 675 922 "Glades Cut-Off Roa~," within three hundred-fifty (350) feet in all directions of its intersection with Midway 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. "Midway Road," within three hundred-fifty (350) feet in all directions of /ts intersection with Glades Cut-Off Road. "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 State Farmers Market southerly approximately 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 ~riday. "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. ~ .... ~" through passages are deleted. Underlined passages are added. --3-- °" 923 oo 675 (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 /ts 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 ~,,~,,~ passages are deleted. Underlined passages are added. --4-- °" 675 924 l~OOK 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. follows: After motion and second, the vote on this ordinance was as 1022140 '90 JAN30 AB:3b Chairman R. Dale Trefelner ~ Aye Vice-Chairman Havert L. ~0UG[.~?~ [~!×0h !~'i Aye S'[,LUC; ;:"~ Commissioner Judy Culpepper Aye Commissioner Jim Minix Absent Commissioner Jack Krieger 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 16th day of January, 1990. ATTEST: add~U. BOARD OF COUNTY ST. LUCIE COUNTY, ,.3 x, ,--;'m , (._ , , -' BY: t ~--_3, \ APPROV~D AS TO FORM AND\ passages are deleted. Underlined(p~fssages are -5- M, 675 925 1022141 Doc 'i~x $ S5. L'.:..' i 2 County Clerk ~ !' Circuit Court I: ;p~y Clerk itN ORDININCE /kq~iDING T~t ST. LUClE COUFF/ NO. 86-01 BY Cg~NG ~ L~ USE DESI~ON OF ~ P~P~ ~~ ON ~ ~ST SIDE OF ~ZO~ R~, ~P~~Y 640 FEET ~R~ OF ~ I~EC~ON OF ~ZO~ R~ ~ U.S. ~1 (MO~ P~C~Y DES~BED ~N) FRON CH (~~ C~~r.) ~ ~ (~ D~8I~ ~D~r.) ~~ ~IN~ P~D~N~ FOR ~~ ~ ~CESS~Y ~~S ~ ~ ST. LU~E CO~ ZO~NG ~.~8; PR~DI~ FOR ~~C~N~ PR~SIONS ~ S~IR[~; PR~DIN~ FOR ~N~ ~ ~ DEP~~ OF S~ ~ D~~ OF ~~~ ~F~ ~ FOR ~ ~C~ D~ ~ ~P~ON. Ng~REAS, the Board of County Commissioners of St. County, Florida, has made the following determinations: Lucie amend Lucie Commercial) to described below. the future land use classification set forth in County Growth Management Policy Plan from CH RL (Low Density Residential) for the Alvar and Kathleen Damberg presented a petition to the St. (Highway property 2. The St. Lucie County Local Planning Agency, after holding a public hearing on December 7, 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 Lucie County Growth Management Policy Plan Commercial) to RL (Low Density Residential) described below. future land use classification set forth in from CH for the the St. (Highway property °" 6 75 926 i~OOK 3. The Board held a public hearing on January 9, 1990, after publishing notice of such hearing in the Ft. Pierce News Tribune on December 15, 1989. NO~, ~HEREFORE BE IT ORDAI~IED by the Board of County Commissioners of St. Lucie County, Florida: Lucie County Growth Management Policy Plan for that ~ C~A~GEIN FU~N~R~ LA. USE CnA~$IFICA~_ON The future land use classification set forth in the St. property described as follows: ALL THAT PART OF THE $1/2 OF THE N1/2 OF THE NE1/4 OF THE NWl/4 OF SECTION 17, TOWNSHIP 34 SOUTH, RANGE 40 EAST LYING WEST OF TOZOUR ROAD, ST. LUCIE COUNTY, FLORIDA owned by Alvar and Kathleen Damberg, be, and the same is hereby changed from CH (Highway Commercial) to RL (Low Density Residential). B. FINDING OF CONSIS~CY. This Board specifically determines that the change in the future land use plan is policies and objectives contained in the St. Management Policy Plan. approved consistent with the Lucie County Growth C. CgA~ES TO ZONING 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. 675 927 I~00~( D. co~'~.vc~ 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. held such ordinance. held to E. SEVERABILI~, If any portion of this ordinance or declared to be unconstitutional, holding If be is for any reason inoperative or void, shall not effect the remaining portions of this this ordinance or any provision thereof shall be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILI~OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph G. FILI~I~H ~HE DEPA~q~OF 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. FILIN~WI~H ~g~ DEPART~N~ OF The County Attorney shall send a certified copy of ordinance to the Department of Community Affairs, The Building, this Rhyne 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTI~ DATE. This ordinance shall take effect upon reoeipt 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 R. Dale Trefelner Vice-Chairman Havert Fenn Commissioner Judy Culpepper ABSENT AYE AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE ATTESTS. PARSED AND D~L¥ ADOPTED this 9th day of January, 1990. BOARD OF COUNT~ COI~II$$IONERS,~: ST. LUCIE COUNTY, FLORIDA BY': [ · SS: 90-O03(PlanA~-B) 929 1020874 ORDINANCE NO. 90-4 (FORMERLY ORDINANCE NO. 89-73) AN ORDINANCE AMENDING SECTION 3.2.720 OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) BY AMENDING SECTION 3.2.720(6)(b) TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF AREA TO BE USED FOR WALL SIGNS; 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 for enhanced business advertising by increasing the amount of area to be used for wall signs, it is necessary to amend Section 3.2.720 of the St. Lucie County Zoning Ordinance. 3. On December 7, 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. Struck through passages are deleted. added. -1- Underlined passages are 674 BO0~ 5. On January 9, 1990, 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 Tribune on December 13, 1990. 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. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 3.2.720 (PERMITTED PERMANENT SIGNS). Section 3.2.720, (Permitted Permanent Signs) 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 3.2.720. Permitted Permanent Signs. (6) Commercial, General, (CG); Industrial, Light (IL); Industrial, Heavy (IH); Industrial Extraction (IX); Utilities (U); Commercial, Tourist (CT): (a) Off-premises signs not to be spaced less than five hundred (500) feet apart on the same side of the highway. (b) One (1) wall sign or one (1) projecting sign per establishment which shall not exceed a sign area equal to twenty (20) per cent of the total wall face area of each establishment fronting on the street, except that fifty (50) per cent of such permitted wall sign area may be located on e~y ~%he~ one or more wall surface~ of the same building. (c) Any establishment or group of establishments that has a street lot frontage of fifty (50) linear feet or more shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every one (1) linear foot or Struck through passages are deleted. added. -2- Underlined passages are ,00,674 (d) (e) (f) major fraction thereof of street lot frontage, up to a maximum of two hundred (200) square feet, except that one (1) additional ground sign shall be permitted when the street lot frontage exceeds five hundred (500) feet. The second ground sign shall not exceed a sign area.~equal to one (1) square foot for every one (1) .linear foot or major fraction thereof of street lot frontage in excess of the first five hundred (500) feet of frontage, up to a maximum of two hundred ,(200) square feet. Ground signs shall not exceed thirty-five (35) feet in height. One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in sign area. One (1) rear entrance wall sign per establishment which shall not exceed six (6) square feet in sign area. Directional signs, which shall not exceed six (6) square feet in sign area, may be installed as needed. 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. Struck through passages are deleted. added. -3- 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 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 ABSENT Vice Chairman Havert L. Fenn AYE Commissioner Judy Culpepper 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, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 9th day of January, 1990. Struck through passages are deleted. added. -4- Underlined passages are ,oo 674 ATTEST: D~PUTY - - 1020874.. J,~ 24 ~ 8:34 /:'itt! ,~'~i'.' i~ i:i:, BOARD OF COUNTY COMMISSIONER~5 -. eT. LUCIE COUNTY, BY: , : ?.:. :...il. ' · '; · 2 ': ~ " ' : ':' · C~I~ -.,COUNTY 'AT~ Struck through passages are deleted. added. -5- Underlined passages are FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 1802, The Capitol Tallahassee, Florida 32399-0250 (904) 488-8427 June 12, 1990 Honorable Douglas Dixon Clerk of Circuit Court St. Lucie County Courthouse 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Marcia A. Smith, Deputy Clerk Dear Mr. Dixon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of June 8, 1990 and certified copies of St. Lucie County Ordinance No's 90-5, 90-22 and 90-28, which were filed in this office on June 12, 1990. Liz Clou~, Chief Bureau of Administrative Code LC/mb 1050248 ORDINANCE NO. 90-5 AN ORDINANCE AMENDING CHAPTER 1-19 (SUBDIVISION REGULATIONS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY AMENDING SECTION 1-19-1 (DEFINITIONS) BY ADDING THE DEFINITION OF UTILITIES DIRECTOR; BY AMENDING SECTION 1-19-2 (GENERAL INFORMATION) BY DELETING CERTAIN LANGUAGE FOR CLARIFICATION, BY AMENDING SECTION 1-19-3 (GENERAL PROCEDURE FOR FILING PLATS) BY REQUIRING THE PLAT TO INCLUDE A DESIGN SHOWING THE PROPOSED LOCATION OF WATER AND SEWER SYSTEMS, REQUIRING THE DEVELOPER'S ENGINEER TO SUBMIT DEVELOPMENT PLANS INCLUDING AN OVERALL UTILITY LAYOUT, REQUIRING THE UTILITIES DIRECTOR TO ALSO REVIEW PRELIMINARY PLANS, AND REQUIRING ALL CONSTRUCTION PLANS FOR PROPOSED UTILITY IMPROVEMENTS TO BE SUBMITTED TO THE UTILITIES DIRECTOR FOR REVIEW AND APPROVAL; BY AMENDING SECTION 1-19-4 (APPLICABLE LAWS) REQUIRING THAT THE DEVELOPER'S ENGINEER CERTIFY IN WRITING THAT THE EASEMENTS SHOWN ON THE RECORD PLAT HAVE BEEN APPROVED BY THE UTILITIES DIRECTOR, BY REQUIRING COVENANTS, RESTRICTIONS, AND RESERVATIONS APPEAR ON THE FINAL PLAT OR BE ESTABLISHED BY SEPARATE RECORDED DOCUMENT; BY AMENDING SECTION 1-19- 12 (WATER SYSTEM) ALLOWING A WATER DISTRIBUTION SYSTEM BY INDIVIDUAL WELLS OR BY A COMMUNITY WATER SYSTEM PROVIDED THAT FOR SUBDIVISIONS THAT ARE WITHIN A UTILITY'S FIVE (5) YEAR SERVICE AREA THE DEVELOPER SHALL CONSTRUCT AND DEDICATE TO THE COUNTY DRY WATER LINES IN ACCORDANCE WITH COUNTY STANDARDS AND SPECIFICATIONS, AND REQUIRING ALL WATER LINES INSTALLED FOR THE PURPOSE OF FUTURE SERVICE CONNECTIONS TO BE PROPERLY CAPPED AND BACKFILLED; AMENDING SECTION 1-19- 13 (SEWAGE FACILITIES) BY ALLOWING SEWAGE DISPOSAL MAY BE ACCOMPLISHED BY USE OF THE SEPTIC TANK METHOD PROVIDING THAT FOR SUBDIVISION THAT ARE WITHIN A UTILITY'S FIVE (5) YEAR SERVICE AREA THE DEVELOPER CONSTRUCTS AND DEDICATES TO THE COUNTY DRY SEWER LINES IN ACCORDANCE WITH COUNTY STANDARDS AND SPECIFICATIONS, AND REQUIRING ALL SEWER LINES INSTALLED FOR THE PURPOSE OF FUTURE SERVICE CONNECTIONS BE PROPERLY CAPPED AND BACKFILLED; ADDING SECTION 1-19-14 ~°~" ~-.~..~ passages are deleted. added. -1- Underlined passages are (WAIVER OF DRY LINE REQUIREMENTS) TO PROVIDE FOR CONDITIONS WHEN THE BOARD OF COUNTY COMMISSIONERS SHALL WAIVE THE DRY LINE REQUIREMENTS; ADDING SECTION 1-19-16 (FUTURE UTILITY COORDINATION) PROVIDING PROJECTS SUBMITTED FOR REVIEW BE COORDINATED BY DEVELOPER WITH POTENTIAL FUTURE UTILITY SERVICE PROVIDER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, APPLICABILITY AND 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. Regulations should be established that require developers of certain subdivisions to install and construct dry water and sewer lines since proliferation of package treatment facilities and on-site sewage disposal facilities is potentially hazardous to the health, safety and public welfare of the citizens of St. Lucie County, requirements that encourage connection to central water and sewer systems should also be established. 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 1-19 "Subdivision Regulations" of the Code of Ordinances of St. Lucie County, Florida, to provide for certain subdivision water and sewer line requirements. 3. The provisions of this Ordinance are consistent with the St. Lucie County Comprehensive Plan including but not limited to Policies 1.1.3.3(g), 1.1.4.7, 1.1.4.8, 6.A.2.7 and 6.A.1.4.2. Struck ~..~..~ passages are deleted. added. --2-- Underlined passages are 4. On April 26, 1990, the St. Lucie County Local Planning Agency held a public hearing after due public notice and determined that the proposed ordinance is consistent with the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: PART A. CHAPTER 1-19 "SUBDIVISION REGULATIONS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED AS FOLLOWS: CHAPTER 1-19 SUBDIVISION REGULATIONS Section 1-19-1. Definitions. As used in this chapter: Board refers to the board of county commissioners of St. Lucie County, Florida. County engineer refers to the county engineer or other employee designated by the board. Developer's engineer refers to a professional engineer, registered in this state, and engaged by the developer of the subdivision to plan and supervise the construction of the work. ........ Florida Department of Transportation specifications refers to the latest current road and bridge specifications adopted as standard by the State Road Department of Florida Department of Transportation. Subdivision means the division of a parcel of land whether improved or unimproved, into three (3) or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, or transfer of ownership or, if the establishment of a new street is involved, any division of such parcel. However, the division of land into parcels of more than five (5) acres not involving any change in street lines or public easements of whatsoever kind is not to be deemed a subdivision within the meaning of this resolution. The term includes a resubdivision and, when appropriate to the text, Struck through passages are deleted. added. --3-- Underlined passages are 69' P 2822 relates to the process of subdividing or to the land subdivided. The following shall be exempt and not subject to the provisions prescribed by this chapter: (a) The division of lands into parcels of more than five (5) acres in area where the subdivision is not in conflict with the growth management policy plan and where no street or easement of access is planned to be dedicated and accepted by the public and where streets or easements of access are dedicated to a property owners' association or condominium or cooperative association as defined by Florida Law. (b) The combination or recombination of portions of previously platted lots where no new parcels, or residual parcels result in lots of less area, width or depth than the original lots of record. (c) The sale or exchange of parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots and does not reduce any lot to an area less than the zoning district in which the property is located permits, and no dedications or improvements are required under this chapter. (d) Mobile home parks developed for rental purposes under a unity of title. (e) Division of tracts or parcels of land where all parcels when divided about a public street, and no dedication or improvements are required under this resolution. (f) Tracts or parcels of land shown on unrecorded maps, plats, drawings or surveys which tract or parcel was at the time of preparation of such map, plat, drawing or survey under the ownership of a single person, firm, partnership, association, corporation, joint venture, estate, trust, joint tenancy by the entireties or other combinations of persons acting as a unit where such map, plat, drawing or survey was in existence prior to the effective date hereof and where at least thirty (30) per cent of the parcels, tracts, or lots shown on said unrecorded map, plat, drawing or survey where subject to deeds, agreement for deeds, installment land sales contracts, or other instruments of conveyance properly executed prior to the effective date of this resolution and where the land encompassed by said unrecorded map, plat, drawing or survey was registered with the Department of Business Regulation, Division of Florida Land Sales, prior to the effective date of this resolution or said unrecorded map, plat, drawing or Struck ~ ..... ~ passages are deleted added. --4-- Underlined passages are survey was certified by a land surveyor duly licensed by the State of Florida, or was was an official part of the records of the St. Lucie County Property Appraiser's Office prior to the effective date of this chapter. (g) The financing or leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building or office building. (h) The conveyance of land to a federal, state, county, or municipal governmental agency, entity, political subdivision, or a public utility as defined herein. Surveyor refers to a land surveyor registered in Florida and engaged by the developer to survey and plat the land proposed for subdivision. Water or sewer utility means a water or sewer utility which is providing water or sewer service to one hundred (100) or mor~ persons for compensation. Utilities Director refers to the county utilities director or other employee designated by the Board. Work includes all construction called for or shown on the development plan as well as all facilities and features of every kind in, under or over the dedicated rights-of-way and drainage or utility easements furnished in connection with the plat, except gas, electric power, telephone and street lighting facilities. Section 1-19-2. General info~mation. (a) Overall requirements and conditions. In order to file a plat for any purpose except merely to record the boundaries of an ownership, all requirements of the regulations set out in this chapter shall be met. Improvements on rights-of-way, easements and other areas dedicated/deeded to the public must conform with "Standard Specifications For Public Works Construction In St. Lucie County, Florida." Required improvements include paving and drainage on streets and public parking areas, outfall drainage to serve the S/D, and central water and sewer system if required by state regulatory agencies or .......v~..~-~--~~ provided by developer pursuant to Section 1-19-12 and 1-19-13. A plat shall be recorded in the public records of St. Lucie County for all subdivisions as defined in Section 1-19-1. (b) Administration of regulations. The county engineer shall administer the regulations set out in this chapter under the direction of the board. Struck through passages are deleted. added. -5- Underlined passages are Section 1-19-3. General procedure for filing plats. (a) Preparing plat and development plan. When land is to be subdivided, a plat and a development plan shall be prepared. The plat shall be prepared by a registered surveyor and shall be accompanied by a development plan prepared by a registered engineer, showing the existing physical conditions of the terrain, low ground areas to be filled and minimum proposed lot elevations and a design showing the grade and cross section for the proposed construction of streets, a design showing the proposed location of water and sewer systems, and a design for drainage, together with arrangements for final disposal of drainage runoff. The engineer hired by the developer to prepare the development plans shall confirm his involvement on the project by submitting the following statement to the county engineer: "I (We) have been retained by the Developer to be the Engineer in responsible charge on this project from design through construction, unless my (our) responsibilities are altered by the Developer, in which event I (we) will notify the County Engineer immediately in writing; to prepare plans and specifications for the improvements; provide incremental inspection of the improvements during construction; certify the construction upon completion, and submit one set of signed and sealed "as built" plans; in accordance with Regulations for Filing Plats and Developing Subdivisions and the Standard Specifications for Public Works Construction in St. Lucie County, Florida." The subdivider shall comply with all existing zoning regulations in the presentation of his plat and shall show that he has ~ complied with and had approval from the zoning authority. (b) Review of plat and development plan. Review of a plat and development shall be pursuant to the following: (1) Conceptual approval. The developer's engineer shall submit preliminary development plans showing proposed overall roadway and drainage layout with contours, roadway and drainage typical cross sections, overall utility layout, roadway profiles showing existing ground and proposed crown of road and special ditch flow lines, structures, headwall treatment, representative soil borings to at least a five (5) foot depth and surface runoff drainage criteria. The county engineer and utilities director shall review these preliminary plans, negotiate needed modifications with the developer's engineer, and then submit them to the board for "conceptual approval," with their evaluation. Struck ~ ..... ~ passages are deleted added. --6-- Underlined passages are (2) Final approval. Subsequent to conceptual approval by the board, the developer's engineer shall prepare and submit final construction plans for all improvements on dedicated rights-of-way and easements, and plat for review by the county engineer. Ail construction plans for proposed utility improvements shall be submitted to the utilities director for review and approval in accordance with county standards and specifications. When the county engineer has determined that all of the existing plat filing regulations have been complied with, the plat shall be submitted to the board for approval to record the plat in the public records of St. Lucie County. (c) Recording plat. When the developer submits a plat to the board of county commissioners for approval, he shall furnish in addition to the linen or (mylar copy) two (2) transparencies and a check payable to the clerk of the circuit court to cover the cost of recording said plat. Upon approval of the plat, the chairman or vice-chairman of the board shall sign the linen (or mylar) copy and both transparencies and shall cause them to be delivered with said check to the clerk. When the clerk has completed the certificate on the linen (or mylar) copy and transparencies, he shall return one of the transparencies to the developer who shall then furnish the clerk with four (4) copies of said plat. (d) Developer's election to construct without bond. Should the developer elect to construct the work without a bond or escrow agreement, his engineer shall, upon completion of the entire work on one or more units, furnish the county engineer with a written certificate of such completion, accompanied by certain records and plans as hereinafter prescribed, whereupon the county engineer shall recheck the plat, and, if same is found to comply with these regulations, the board shall, on the recommendation of the county engineer, approve the plat for filing and accept the work for county maintenance. (e) Bond. After the development plan has been approved, and after the board has accepted the plat for filing contingent on an approved bond being furnished within sixty (60) calendar days, the developer shall so furnish a surety company bond satisfactory to the board, guaranteeing that within twelve (12) months the work shall be entirely completed in full accordance with the approved development plan and these Struck through passages are deleted. added. -7- Underlined passages are regulations, copies of both of which shall be attached to and constitute a part of the bond agreement. If the bond is not thus furnished, the approval of the plat shall automatically be voided, and the plat shall not be filed. One twelve (12) month extension of the bond may be granted at the discretion of the board but not more than one twelve (12) month extension shall be granted. Such bond shall be in an amount equal to one hundred ten (110) per cent of the sum of the engineering and construction contracts. (f) Escrow agreement. Within sixty (60) days after the development plan has been approved, the developer shall enter into a written contract with a registered engineer to perform all required engineering services in connection with the construction, completion and acceptance of the work, and a bonded written contract with a qualified contractor for the construction of the work within a time limit specified by the board, both in full accordance with the approved development plan and the regulations set out in this chapter. The construction contract time limit shall be in accordance with the amount of work to be done, but shall not exceed twelve (12) months. Both contracts shall be satisfactory to the board, shall be substantially definite in amount rather than on a cost-plus or other indeterminate basis, and shall be made with the developer and the county, both jointly and separately, but shall expressly relieve the county from paying for any of the services or work except with funds supplied by the developer. The contractor's surety bond shall be satisfactory to the board, shall be in the full amount of his contract, shall bind the surety to the developer and the county, both jointly and separately, to complete the work in full accordance with the contract in case the contractor defaults. An executed copy of the complete engineering contract, and an executed copy of the complete construction contract including bond, shall be filed with the county engineer. The developer, within said sixty (60) days, shall deposit in escrow, in a depository satisfactory to the board, an amount equal to the sum of the engineering and construction contracts, plus an additional amount for contingencies which shall be ten (10) per cent of the sum of the engineering and construction contracts; the condition of the escrow agreement being that the deposited fund shall be released to the developer's engineer and contractor upon only written approval of the board, which, during the course of construction, shall approve the release of portions of the fund, not more often than twice each Struck ~ ..... ~ passages are deleted. added. -8- Underlined passages are oR PA 2527 BOOK month to the developer's engineer and contractor on the recommendation of the county engineer, in the amounts due each for work done to date, based on the per cent completion of the work multiplied by the respective contract price less then (10) per cent; and further, that upon the completion of the work the board shall approve releases to the developer's engineer and contractor, on the recommendation of the county engineer of amounts sufficient to pay them in full, and shall then approve the release of any remainder to the developer. In case there shall be a deficiency of funds on completion of the work, the board shall on the recommendation of the county engineer, authorize the release of the entire remaining fund to the developer's engineer and contractor in such amounts that each shall have been paid the same per cent of the total due him, in which event the developer, but not the county, shall owe the developer's engineer and contractor the remaining unpaid balances. (g) Other security. In lieu of posting the required surety bond or placing the cost of the improvements in an escrow account, the developer may, prior to recording the plat, furnish the county other security approved by the board of county commissioners in an amount of not less than one hundred fifteen (115) per cent of the cost of improvements as approved by the county engineer. Cost estimates to determine the amount of such security must be submitted by a registered engineer and be acceptable in all respects to the county engineer. In determining the acceptability of such security, the board shall be guided by the facts and circumstances of each individual case. (h) Approved estimated cost for securing improvements. The approved estimated cost for security improvements shall utilize the approved unit price schedule on file in the county engineer's office. This schedule shall be updated by the county engineer as required to keep it current with bids on county contract construction projects. Section 1-19-4. Applicable laws. A plat shall be furnished, prepared by a registered surveyor. It shall comply with Chapter 177, Florida Statutes, and amendments thereto, Chapter 29490, Laws of 1953, Chapter 31237, Laws of 1955, and with the requirements that follow: (a) Dedicator shall own the land. The dedicator of the plat shall be the owner of record of the land at the ~°~'- ~,.~,,~ passages are deleted. added. --9-- Underlined passages are time the plat is accepted for filing and shall furnish the board with a certificate to that effect from the developer's attorney or from an abstract company. (b) Taxes shall be paid. Ail due taxes shall have been paid at the time the plat is accepted for filing, and the developer shall furnish the board with a certificate to that effect from the developer's attorney, from an abstract company, or from the tax collector. (c) Land shall be suitable for development. The land shall be of such size, shape and nature that it is capable of being platted and developed in full accord with the regulations set out in this chapter. Any elevations shown on the plat shall refer to United States Coast and Geodetic Survey datum, MSL. (d) Required road, street and drainage construction. As a condition of accepting the plat for filing, the developer shall construct pavement and drainage to standard county specifications on all roads or streets in a subdivision for which he dedicates the right-of- way. He shall also be required to regrade or otherwise modify the side ditches or roadside swales of county or state roads within or abutting the subdivision to provide positive drainage of such side ditches or roadside swales. (e) Positive drainage required. The developer shall provide such facilities as may be needed to drain the subdivision to positive outlets that can be legally maintained in permanent use, or into a public drainage system of adequate capacity which discharges into such positive outlets, including all rights-of-way, easements and necessary construction, at no expense to the county. Side ditches along public roads shall not necessarily be considered as such public drainage systems or positive outlets. (f) Dedications to public required. Rights-of-way easements for streets, drainage and utilities shall conform to "Standard Specifications for Public Works Construction in St. Lucie County, Florida," and shall be dedicated to the public. Private roads may be permitted if constructed to public road specifications and approved by the board. Private streets shall be permitted within property under single ownership, a property owners' association as defined by Florida law. Where private streets are permitted, ownership and maintenance association documents shall be Struck through passages are deleted. added. -10- Underlined passages are oo 694 submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance to the association without recourse to the county or any other public agency. The rights-of- way and related facilities shall be identified as tracts for road purposes under specific ownership. On existing roads at S/D boundary, dedications shall provide one-half of the specified right-of-way from existing center line towards S/D. (g) Utility and drainage easements. (1) Option 1: Se Where lots are back to back, provide a six (6) foot easement at the rear of all lots and a ten (10) foot easement centered on every other side lot line when the platted lots are back to back. Where lots are not back to back, provide a six (6) foot easement at the rear and a ten (10) foot easement on the front of all lots and a ten (10) foot easement centered on every other side lot line. If rear drainage easements are provided, utility easements will be separate and distinct easements for proper maintenance of drainage and utilities. In all above cases an additional easement for drainage shall be provided as required by the county engineer. de Where roads are to remain private and will not be dedicated to the county, then easements to cross such roads shall be provided. (2) Option 2: In lieu of Option 1, the developer's engineer may certify in writing that the easements shown on the record plat have been coordinated with the utility companies and approved by the utilities director and that such easements are adequate for utility and drainage construction. Responsibilities of utility companies. Ail utility companies shall be wholly and singularly responsible for the restoration or repair of disturbed or damaged land and improvements which may result from the installation of the utility. Any land or improvements disturbed or damaged by the utility company, its representatives, agents, contractors or subcontractors, ~~" ~,,~.~ passages are deleted. added. -11- Underlined passages are shall be restored or repaired to its original condition immediately upon completion of construction at the sole expense of the utility company. (h) Location of arterial roads and streets. (1) If existing roads or streets are located in adjoining subdivisions, the arterial roads or streets on the new plat shall be so located as to provide an extension and continuation of the existing rights-of-way. (2) In a rectangular block layout, all arterial roads and streets shall be centered on section lines or the standard subdivision lines of the section. (3) In curvilinear patterns, the arterial roads or streets shall be located, with respect to the property boundaries, so as to provide a continuity of traffic flow across the property platted, and such arterial streets shall begin and terminate at street intersections wherever the same are existing. (4) All other streets shall be laid out to provide adequate traffic circulation in the subdivided area and shall begin and terminate at arterial roads or streets. (5) In general, all roads, streets and alleys shall provide access to adjacent lands, shall enter and leave adjoining roadways, as nearly as practicable, at right angles thereto. (i) Dead-end streets. There shall be no dead-end alleys and no dead-end arterial streets. Ail other streets, if dead ended, shall be provided at the closed end with a turn-around having a street right-of-way diameter of not less than one hundred (100) feet. (j) Building setbacks and minimum lot size. Building setback and minimum lot size shall be as set forth in the district regulations of the comprehensive zoning resolution. (k) Contour lines. Each plat shall delineate contour lines based on coast and geodetic survey datum (mean sea level) at least with a contour interval of: (1) One foot, when land slope is less than two (2) feet vertical per one hundred (100) feet horizontal. Struck through passages are deleted. added. -12- Underlined passages are ^ 2831 (2) Two (2) feet, when land slope is greater than two (2) feet per one hundred (100) feet but less than four (4) feet vertical per one hundred (100) feet horizontal. (3) Five (5) feet, when land slope is greater than four (4) feet vertical per one hundred (100) feet horizontal. (1) Names of subdivisions, roads and streets. Names previously used for subdivisions in the county shall not be given to new subdivisions. Roads and streets which form extensions, or are located along the general projections of existing roads and streets, shall be named after the existing roads and streets. (m) Street markers. Street markers shall be provided at all intersections, said markers to be double faced, minimum requirements to be not less than markers currently used by the county road department. (n) Block corners. Ail block corners shall be marked with permanent reference markers, markers to be either concrete monuments or iron pipe, before developer is released from bond, if bond is posted. If no bond is posted, this work will have to be accomplished prior to the signing of the plat. (o) Minimum lot elevations. Ail lots filled and/or reclaimed from marginal or submerged lands or islands shall be filled to a minimum elevation of five (5) feet above mean sea level. (p) Sheet size of plats. Sheet size of plats made for recording shall not be larger than twenty-four (24) inches by thirty-six (36) inches including at least a three (3) inch margin on the left side of the plat and a one-half inch margin on the remaining three (3) sides. (q) Covenants, restrictions, reservations. (1) Ail covenants, restrictions or reservations placed by the developer or required by this ordinance shall appear on the final plat or be established by separate recorded document, which documents shall be submitted to the county with the final plat. If done by separate document, the public record location of such documents shall b~ indicated beneath the subdivision name as ~°~'- ~,.~,,~ passages are deleted. added. -13- Underlined passages are 694 BOOK follows: "Covenants, restrictions, or reservations affecting the ownership or use of the property shown in this plat are filed in Official Record Book No. , page ." (2) When deemed necessary by the county's utilities director to ensure the proper future expansion of utilities services, a covenant document shall be filed with the plat that includes the following statement: In the future, when a potable water distribution and/or a wastewater collection system becomes available to service the subdivision, service improvements and connections shall be made by the homeowners' association, or by the property owners, to all lots and shall be paid by thm homeowners' association or by the property owners". Ail deeds conveying properties within the subdivision shall reference the covenant document. Section 1-19-5. Clearing and grading. (a) The developer shall be required to clear all rights-of- way to their full width and to grade all streets and alleys to an approved grade. Minimum width of shoulders shall be six (6) feet. (b) In lieu of clearing and grading as specified the developer may, with approval of the board of county commissioners, limit clearing to the width of paved surface and shoulders only and may install said improvements at any location within the right-of-way provided that: (i) Area and right-of-way drainage can be accomplished to the satisfaction of the county engineer. (2) Edge of pavement is located no closer than six (6) feet to the right-of-way line except that where utility easement is located parallel with and ad3acent to the right-of-way line pavement edge may abut right-of-way line. (3) Said improvements serve a limited number of properties only. (4) Notation is made on plat and in deed restrictive covenants stating that the county assumes no responsibility for maintenance of unpaved portion of said right-of-way. ~ruc~ through passages are deleted. added. -14- Underlined passages are 694 ~00~ Section 1-19-6. (a) to standard county specifications. Paving. Generally. Ail streets shall be paved according (b) Definitions. As used in this section, the following term shall have the following definition: Access road - A private road or public road that is used to provide road access to a subdivision. (c) Paved road requirements for subdivisions which utilize unpaved public or private roads for access. The following paving requirements shall apply to subdivisions which utilize unpaved public or private roads and roadways for access: (1) (2) Access roads. Provisions for the paving of unpaved access roads that access the subdivision 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 subdivision and through the surrounding area or (2) that the road will be paved as part of the County's five-year road program or an approved municipal service taxing 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 paving 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 subdivision's fair share of paving costs for the unpaved public or private road providing access to the subdivision prior to issuance of final plat approval pursuant to the procedures set out in Section 1-19-6(c)(4)a.i. Struck ~ ..... ~ passages are deleted added. -15- Underlined passages are (3) (4) Scenic and historic roads. Paving requirements and provisions for subdivisions 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: 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 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. Paving requirements are established to ensure that adequate road improvements are provided to adequately serve the subdivision. County road design and construction standards shall apply to all paving improvements. Mixture of residential and nonresidential traffic shall be avoided where possible. Persons applying for plat approval of subdivisions utilizing access roads shall, as part of their application, include the appropriate provision for paving, as specified below. The county engineer shall determine the estimated average daily traffic of the subdivision in accordance with accepted standards and good trafficengineering practice. Small traffic attractors/generators. Subdivisions determined to be small traffic attractors/generators, defined as subdivisions generating less than one hundred (100) average daily trips, shall provide for road paving as follows: ~°~" ~,,~,,~ passages are deleted. added. -16- Underlined passages are 694 Access road frontage: For the paving of a road(s) accessing the subdivision, the applicant shall submit funds in the amount of the subdivision's fair share of paving costs as determined by the board of county commissioners prior to the issuance of final plat approval. The fair share contribution shall be determined and prorated according to front footage or by 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 subdivision. 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 subdivision's 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. ii. Paving option: In lieu of submitting funds for paving under 4(a)(i) above, the developer may propose to pave or arrange for paving the subdivision'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 plat approval shall be issued for all or any portion of the subdivision 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 plat approval. The Struck through passages are deleted. added. -17- Underlined passages are county engineer shall approve the amount of security to be furnished. iii. Multiphase projects: For purposes of determining if a multiphase subdivision is a small traffic attractor/generator, the total number of project trips shall be compared to the small traffic project definition criteria. iv. Cumulative effect: No final plat approval shall be issued for any subdivision 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 subdivision is paved from the subdivision'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 subdivisions 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. Subdivisions determined to be larger traffic attractors/generators, defined as subdivisions 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 subdivision shall be paved from the subdivision's access point(s) to a paved public road. The design of the Struck ~ ..... ~ passages are deleted added. -18- Underlined passages are ii. iii. 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 plat approval. 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 plat approval. The county engineer shall approve the amount of security to be furnished. In considering the effect of large traffic attracting/generating subdivisions 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. Remaining access road frontage: For the paving of portions of a subdivision's access road frontage not covered in the above paving requirement 4(b)i, the developer shall submit funds in the amount of the subdivision's fair share of paving costs prior to the issuance of final plat 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 subdivision. 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 Struck through passages are deleted. added. -19- Underlined passages are to be funded and later paved shall include all of the subdivision's 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. 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 subdivision's 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 plat approval shall be issued for all or any portion of the subdivision 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 plat approval. The County Engineer shall approve the amount of security to be furnished. Section 1-19-7. Bridges and culverts. (a) Bridges. Minimum width of bridges is to be twenty-four (24) feet. Ail bridges are to be of permanent construction. Load capacity is to be not less than H-15. A separate plan for all bridges is to be approved by the county prior to their construction. (b) Culverts. Culverts shall be of such size to provide adequate drainage opening, and sufficient length to extend beyond the shoulder lines of the road. Culverts shall be fully coated C.M.P., concrete pipe or built-in-place concrete box culvert. Section 1-19-8. Supervision of construction. (a) Inspections. The county engineer or his representative shall make such inspection as may be needed before, during and after the construction of the work to keep informed of the status of the development and to generally assist all agencies involved in the work to maintain the standards of these regulations. Struck ~ ..... ~ ...... ~,, passages are deleted. added. -20- Underlined passages are (b) Approval. Clearing, grading, stabilization, paving and drainage facilities shall be approved by the county engineer or his representative. Section 1-19-9. Release of developer's bond. (a) Certification of work by developer's engineer. Upon completion of construction of all required improvements, the developer's engineer shall confirm that he has discharged his responsibilities in accordance with the regulations set out in this chapter. This confirmation shall be expressed in a written, signed and sealed certification. The written certification shall be expressed in the following manner: CERTIFICATION I hereby certify that all of the county-required project improvements have been completed on (Project Name) and that I have inspected the construction incrementally in accordance with the requirements of "Standard Specifications for Public Works Construction, St. Lucie County, Florida." These improvements conform to the development plans and the Standard Specifications, with the following deviations: (enumerate deviations, if any). However, these deviations will not result in functional or structural problems, nor other than routine maintenance based on my evaluation and professional opinion. Certified by: Florida Professional Engineer No. Date: The engineer's signature shall be sealed with his impression seal. A full set of the required test reports and supporting data shall accompany the certification. (b) County engineer's review of completed improvements. When an improvement has been certified by the developer's engineer as specified above, the county engineer shall review the construction, and supporting test/control data furnished by the developer's engineer. If all is acceptably completed, he shall confirm same in writing to the board. (c) Board acceptance of improvement. Upon confirmation from the county engineer that improvements are acceptably completed, the board shall act on "conditionally accepting" for maintenance and improvements constructed on public right-of-way and easements. Acceptance shall be conditioned on a one-year proving period during which time the developer shall maintain all °~-"-" ~--"-~ passages are deleted. added. -21- Underlined passages are improvements and correct all deficiencies that occur. If the board "conditionally accepts" improvements for maintenance, security in amount of ten (10) per cent of the approved estimated cost of all county required improvements shall be retained. The remaining security shall be returned to the developer. In the event that improvements are completed prior to recording of the plat, the developer shall post a "maintenance security" of ten (10) per cent of the approved estimated cost of improvements to insure correction of deficiencies occurring during the proving period. (d) Developer's maintenance period. The developer shall maintain improvements on public right-of-way and easements until final approval is received from the board, such time being for a period of at least one year and thirty (30) days from the time construction is conditionally accepted by the board. One year from the date of "conditional acceptance" the developer shall contact the county engineer for a 3oint inspection of the improvements with his engineer. The developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. When all corrections have been made, the county engineer shall so inform the board. The board shall then act on release of remaining development security, and acceptance of improvements on public right-of-way and easements for maintenance. (e) Limitations as to county maintenance. Nothing in the regulations set out in this chapter shall be construed as meaning that the board shall take over for county maintenance any road, street, public parking or other public area, or drainage facility related thereto, except those designed and built in accordance with the county's requirements and taken over for county maintenance by specific board action. The assumption of maintenance by the county under the regulations set out in this chapter shall not be construed to mean the county shall assume operating or other costs of street lighting. Nothing in the regulations set out in this chapter shall be construed as obliging the county to drain any land, except that which lies in the public right-of-way and drainage easements. Section 1-19-10. Policy of the board. (a) It shall be the policy of this board of county commissioners not to require conformance to additional plat filing regulations, not included in this Chapter, until such additional regulations, if deemed to be necessary have been adopted by a majority vote of this board, as an amendment or revision to the regulations in this chapter, and a thirty (30) day period of notice to affected interests has elapsed, between the adoption of such revised regulations and the effective date of enforcement thereof. Struck through passages are deleted. added. -22- Underlined passages are (b) It has been and shall be the policy of the board of county commissioners, in adopting and administering the plat filing regulations set out in this chapter· to be guided by their purpose and intent, which is to promote and protect the general welfare of the community through orderly development, and to insure as far as possible that the commitments of land subdividers are fulfilled. Section 1-19-11. Form of certificates. (a) The certificate of dedication by individual owners shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE and , his wife, the owners of the above described land, do hereby dedicate and set apart all of the streets, alleys, thoroughfares, parks and utility and drainage easements shown on this plat of subdivision to the use of the general public forever. WITNESS our hands and seals this day of · 19: . Witnesses: (SEAL) (SEAL) STATE OF FLORIDA COUNTY OF ST. LUCIE Before me, the undersigned authority, personally appeared and , his wife, to me known to be the individuals described in and who executed the foregoing Certificate of Dedication, and they each duly acknowledged before me that they executed the same. WITNESS my hand and official seal at Fort Pierce, St. Lucie County, Florida, this day of , 19 . Notary Public, State of Florida at Large My Commission Expires: (b) The certificate of dedication by corporate owner shall be in the following form: Struck ~..~..~ passages are deleted. added. -23- Underlined passages are oL694 STATE OF FLORIDA COUNTY OF ST. LUCIE · a Florida corporation, the owner of the above described land, by its duly elected President and Secretary, does hereby dedicate and st apart all of the streets, alleys, thoroughfares, parks and utility and drainage easements shown on this plat of subdivision to the use of the general public forever. IN WITNESS WHEREOF· the undersigned corporation has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its President and Secretary this day of , 19 . (Corporate Seal) By. ATTEST: (Corporate Name) President Secretary STATE OF FLORIDA COUNTY OF ST. LUCIE Before me, the undersigned authority· personally appeared · President and , Secretary of a Florida corporation· to me known to be the individuals described in and who executed the foregoing Certificate of Dedication, and they each duly acknowledged before me that they executed same, as such officers for and in behalf of said corporation. WITNESS my hand and official seal at Fort Pierce, St. Lucie County, Florida, this day of 19 . ' Notary Public, State of Florida at Large My Commission Expires: (c) The certificate of dedication by individual mortgagees shall be in the following form: Struck ~..~..~ passages are deleted. added. -24- Underlined passages are STATE OF FLORIDA COUNTY OF ST. LUCIE and , his wife, the holders of a mortgage recorded in OR Book at Page on the above described land, do hereby dedicate and set apart all of the streets, alleys, thoroughfares, parks and utility and drainage easements shown on this plat of subdivision to the use of the general public forever. WITNESS our hands and seals this 19 . day of Witnesses: (SEAL) (SEAL) STATE OF FLORIDA COUNTY OF ST. LUCIE Before me, the undersigned authority, personally appeared and , his wife, to me known to be the individuals described in and who executed the foregoing Certificate of Dedication, and they each duly acknowledged before me that they executed the same. WITNESS my hand and official seal at Fort Pierce· St. Lucie County, Florida, this day of 19 Notary Public, State of Florida at Large My Commission Expires: (d) The certificate of dedication by corporate mortgagees shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE · a Florida corporation, the holder of a mortgage recorded in OR Book at Page on the above described land, by its duly elected President and Secretary, does hereby dedicate and set apart all of the streets, alleys, thoroughfares, parks and utility and drainage easements shown on this plat of subdivision to the use of the general public forever. Struck through passages are deleted. added. -25- Underlined passages are IN WITNESS WHEREOF, the undersigned corporation has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its President and Secretary this day of , 19 (Corporate Name) (Corporate Seal) By President ATTEST: Secretary STATE OF FLORIDA COUNTY OF ST. LUCIE Before me, the undersigned authority, personally appeared · President and , Secretary of , a Florida corporation, to me known to be the individuals described in and who executed the foregoing Certificate of Dedication, and they each duly acknowledged before me that they executed same,, as such officers for and in behalf of said corporation. WITNESS my hand and official seal at Fort Pierce, St. Lucie County, Florida, this day of , 19 . Notary Public· State of Florida at Large My Commission Expires: (e) The certificate of surveyor shall in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that this plat is made from an actual survey made under my direction, that it is a correct representation of the land platted, and that permanent reference monuments have been placed as called for under Chapter 177, Florida Statutes. DATED this day of , 19 Registered Land Surveyor Florida Certificate No. Struck ~ ..... ~ passages are deleted added. -26- Underlined passages are P 2845 (f) The certificate of approval of the county commission shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE It is hereby certified that this plat has been officially approved for record by the Board of County Commissioners of St. Luc±e County, Florida, this day of 19__; such approval precludes said lands from being zoned Agricultural under Section 193.201, Florida Statutes. Chairman· Board of County Commissioners (g) The certificate of approval of the clerk of the circuit court shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE I, , Clerk of Circuit Court of St. Lucie County, Florida, do hereby certify that this plat has been examined, and that it complies in form with all the requirements of the laws of Florida pertaining to Maps and Plats, and that this plat has been filed for record in Plat Book , Page of the public records of St. Lucie County, Florida· this day of , 19 . Clerk of Circuit Court St. Lucie County, Florida (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. -27- Underlined passages are 694 BO01( (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 (3) 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 platting requirements as set forth in Chapter 1- 19, St. Lucie County Code and Compiled Laws, subdivision regulations. County Engineer St. Lucie County, Florida Section 1-19-12. Water system. (a) The water distribution system may be accomplished by use of individual wells or by community water system provided, however, that for subdivisions that are within a utility's five (5) year service area, the developer shall construct and dedicate to the county or, at the County's discretion, the applicable service provider, dry water lines in accordance with standards and specifications of tho County and the applicable service provider. (b) Ail water distribution lines to be located within any dedicated street right-of-way shall be in place prior to county acceptance of the street as a public street. ...... through passages are deleted. added. -28- Underlined passages are (c) The subdivider shall be required to furnish written approval from the county health department or the State of Florida Department of Environmental Requlation of the water system to be used prior to recording a plat of the subdivision. (d) Ail water lines installed for the purpose of futur~ service connections shall be properly capped and excavation backfilled. Section 1-19-13. Sewage facilities. (a) Sewage disposal may be accomplished by use of the septic tank method provided soil conditions and lot area meet the approval of the county health department or by self-contained sewage treatment plants provided, however, that for subdivisions that are within a utility's five (5) year service area, the developer shall construct and dedicate to the county or, at the County's discretion th~ applicable service provider, dry sewer lines in accordanca with county standards and specifications of the County and the applicable service provider. If septic tanks are to be used, the subdivider shall furnish the county health department with the following prior to submitting a plat to the county for approval: (1) Topography map. (2) Positive drainage pattern. (3) Plat of lots and blocks showing the dimensions thereof. (4) Data on soil structure and water table elevations, this information to be determined by test holes which must be located on the plat. (b) Ail sewage lines that are to be located within any dedicated street right-of-way shall be in place prior to county acceptance of the street as a public street. (c) The subdivider shall be required to furnish written approval from the county health department or the State of Florida Department of Environmental Requlation, as appropriate,of the sewage system to be used prior to recording a plat of the subdivision. (d) Ail sewer lines installed for the purpose of future service connections shall be properly capped and excavation backfilled. Struck added. passages are deleted. -29- Underlined passages are oo, 694: Section 1-19-14. Waiver of Dry Line Requirements. Dry line or sewer line requirements and provisions shall b~ waived by the Board of County Commissioners if the Board determines (1) that each of the lots in the proposed subdivision have an area of one acre or greater and (2) that the construction of dry water or sewer lines is not essential to provide adequate water or sewer services to the particular development. If dry line requirements are waived, the Board may attach conditions deemed necessary to protect the health, safety and welfare of surrounding areas. Sectio, 1-19-15. Future Utility Coordination. Ail projects submitted for review shall be coordinated by the developer (applicant) with the potential future utility service provider(s). Section 1-19-14~. Canals or waterways. No plat containing canals or waterways that are to be connected to navigable water shall be approved by the board until the developer has secured a permit or permits from the state for such connection. 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. St~k ~ ~ ...... ~,, passages are deleted. added. -30- Underlined passages .are oo, 694 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 R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Jack Krieger Commissioner Jim Minix Commissioner Judy Culpepper CODIFICATION. Aye Absent Aye Aye Aye Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. Struck ~ ..... ~ passages are deleted added. -31- Underlined passages are PASSED AND DULY ADOPTED this 5th day of June, 1990. BOARD OF COUNTY ST. LUCIE COUNTY CORR~CT~%S: //~) ...... w.. passages are deleted. added. -32- Underlined passages are 1024097 ORDINANCE NO. 90-6 (Formerly Ordinance No. 89-4~) AN ORDINANCE AMENDING SECTION 4.3.100 (POWERS AND DUTIES) OF SECTION 4.3.000 BOARD OF ADJUSTMENT) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) BY ALLOWING THE BOARD OF ADJUSTMENT THE POWER TO AUTHORIZE CONTINUED CONSTRUCTION OF A PROJECT IF GOOD CAUSE HAS BEEN SHOWN FOR SUSPENSION OR ABANDONMENT; BY AMENDING SECTION 5.1.700 (BUILDING PERMIT) TO CHANGE THE NAME OF DEVELOPMENT COORDINATOR TO COMMUNITY DEVELOPMENT DIRECTOR FOR CONSISTENCY; BY PROVIDING FOR A TIME LIMIT FOR COMMENCING AND COMPLETING WORK AFTER A BUILDING PERMIT IS ISSUED; PROVIDING FOR AN EXCEPTION FOR OWNER BUILDER PERMITS; PROVIDING FOR AN EXTENSION FOR SUSPENDED OR ABANDONED WORK FOR GOOD CAUSE SHOWN; PROVIDING FOR THE APPLICATION OF A NEW PERMIT IF THE EXISTING PERMIT BECOMES NULL AND VOID OR EXPIRES; PROVIDING FOR EXPIRATION DATE FOR BUILDING PERMITS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; 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. , DOUOLAS DIXON A2d Fee $ .... St Lueie County Clerk of C;.rc,:i ~, C~ur~ WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 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 forth in this ordinance. This hearing was continued until December 7, 1989. Struck ~,,~,,~ passages are deleted. added. -1- Underlined passages are o, 676 BO0~ 2. The St. Lucie County Planning Agency and the St. Lucie County Planning and Zoning Commission has recommended that the Board approve the proposed amendment as amended at the December 7, 1989 meeting. 3. On January 16, 1990, 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 December 18, 1989. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 4.3.100 OF SECTION 4.3.000 OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES). Section 4.3.100 of Section 4.3.000 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 4.3.000. Board of Adjustment. Section 4.3.100. Powers and Duties. The board of adjustment shall have the following powers and duties under this ordinance: (1) The power to authorize variances from the requirements of this ordinance, in accordance with the provisions in Section 5.5.000. (2) The powers to hear and decide appeals initiated by any person, officer, board, or'bureau of St. Lucie County aggrieved by any decision, order, determination, or interpretation of any administrative official of the county with respect to the provisions of this ordinance as provided in Section 5.6.000. Struck through passages are deleted. added. --2-- Underlined passages are 676 (3) The power to authorize continued construction of a project if the board finds that good cause has been shown for suspension or abandonment of the project pursuant to Section 5.1.700(b). ~, (4) The powers to make its special knowledge and expertise available upon reasonable written request and authorization by the board of county commissioners to any official, department, board, commission, or agency of a city, county, state, or federal government. (5) The powers to adopt rules of procedure that are not in conflict with the provisions of this ordinance. PART B. AMENDMENT OF SECTION 5.1.700 OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES). Section 5.1.700 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 5.1.700. Building Permit. (a) Generally. The erection, alteration, ~ reconstruction or relocation of any building or structure shall not be commenced without obtaining a building permit from the ............ oommun 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 or relocate 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 added. passages are deleted. Underlined passages are the building which approval shall not be unreasonably withheld. 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. (b) Time limitation of building permits. (1) Building permits shall expire and become null and void if work authorized by such permit is not commenced, having called for and received a satisfactory inspection, within six (6) months from the date of the issuance of the permit, or if the work is not completed within eighteen (18) months from the date of issuance of the permit, unless; (1) a time schedule has been submitted and approved by the buildinq official, predicated upon customary time for construction of like buildings, prior to the issuance of the buildinq permit, indicating completion of construction in excess of eighteen (18) months, or (2) the contractor furnishes the building official satisfactory evidence in writing that the delay is occasioned due to unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials egual tO those called for in the specifications, or (3) the delay is due to delay in delivery of Gonstruction supplies or materials, or (4) the delay is due to fire, weather conditions, civil commotion or strike. Increased costs of building materials or supplies or financial hardship shall not be considered by the building official as cause for continuation of the permit. (2) (3) Owner builder Permits shall expire within twenty- four (24) months from the date of issuance of the permit if the work .has not been completed rather than eighteen (18) months from the date of issuance of the permit for other building permits. If construction, having called for and received a satisfactory inspection, has commenced within si~ (6) months from the date of issuance of the Permit. and is subsequently abandoned or suspended, not having called for and received a satisfactory inspection within the last six (6) Struck ~,.~., passages are deleted. added. -4- Underlined passages are 676 months, for reasons other than those enumerated in paragraph (1) hereof, the permit shall expire and become null and void unless the permittee demonstrates good cause at a hearing before the Board of Adjustment as to reasons for the suspension or abandonment of the project. If the Board finds that good cause has been shown for th~ suspension or abandonment of the project, th~ permittee shall be allowed to continue said construction under the original permit. decision of the Board shall be final. Th~ (4) If the permit becomes null and void or expires, the building official shall inspect the project and determine whether the project is unsafe and constitutes a nuisance pursuant to Section 2-5-41 of the Code of Ordinances of St. Lucie County, Florida. If the building official believes that the pro.~ect is unsafe and constitutes a nuisance, he shall submit a report of his inspection to Board of County Commissioners for action by tho Board pursuant to Section 2-5-43 of the Code of Ordinances of St. Lucie County. (5) In order to continue construction once a permi~ becomes null and void or expires, the permitteo shall reapply and obtain a new permit covering tho proposed construction before proceeding with construction. The permittee shall comply with all regulations in existence at the time application is made for a new permit. (6) Any building permit issued prior to the effectivo date of this ordinance shall expire and becomo null and void eighteen (18) months from the dato of issuance thereof unless construction is delayed for reasons enumerated in paraqraph (1) hereof, and the contractor so notifies the building official in writinq in accordance with paragraph (1); provided, a schedule may be submitted for approval within thirty (30) days from tho effective date of this ordinance for any construction presently under way requiring tho excess of eighteen (18) months to complete. Struck ~ ...... ...... ~,. passages are deleted. added. -5- 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. Struck throu~h passages are deleted. added. -6- U_D_derline__d passages are [1977 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 Jack Krieger Aye Commissioner Jim Minix Absent Commissioner Judy Culpepper Aye PART H. CODIFICATION. The provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of 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 16th day of January, 1990. ATTEST: BOARD OF COUNTY COMMISSIONER,~~, ST. LUCIE COUNTY, FLORIDAi':'/~%'* ~ ... .e~o /-.~' _.. ~ ~X -7-.. ,::~.-.~, . CO~TY ATTO~EYO Struck through passages are deleted. added. -7- Underlined passages are fi 7678 103243'9 ORDINANCE NO. 90-8 (Formerly Ordinance No. 89-62 AN ORDINANCE AMENDING SECTION 2.2.000 (DEFINITIONS) OF THE ST. LUCIE COUNTY ZONING ORDINANCE BY DEFINING COMMUNITY RESIDENTIAL HOME, FAMILY RESIDENTIAL HOME, INSTITUTIONAL RESIDENTIAL HOME, RESIDENT AND SPONSORING AGENCY; ADDING SECTION 3.2.912 (COMMUNITY RESIDENTIAL HOMES); AMENDING SECTION 3.3.101 (AR-1 AGRICULTURAL, RESIDENTIAL-i), SECTION 3.3.102 (RE-2 RESIDENTIAL, ESTATE-2), SECTION 3.3.103 (RS-2 RESIDENTIAL, SINGLE- FAMILY-2), SECTION 3.3.104 (RS-3 RESIDENTIAL, SINGLE- FAMILY-3) AND SECTION 3.3.105 (RS-4 RESIDENTIAL, SINGLE-FAMILY-4) BY ADDING AS A PERMITTED USE FAMILY RESIDENTIAL HOMES PROVIDED SUCH HOMES SHALL NOT BE LOCATED WITHIN A RADIUS OF ONE THOUSAND FEET OF ANOTHER EXISTING SUCH FAMILY RESIDENTIAL HOME AND BY ADDING AS A CONDITIONAL USE FAMILY RESIDENTIAL HOMES LOCATED WITHIN A RADIUS OF ONE THOUSAND FEET OF ANOTHER SUCH FAMILY RESIDENTIAL HOME AND BY DELETING CONGREGATE CARE FACILITIES, FOSTER HOMES AND GROUP CARE HOMES AS A CONDITIONAL USE; AMENDING SECTION 3.3.107 (RM-5 RESIDENTIAL, MULTIPLE-FAMILY- 5), SECTION 3.3.108 (RM-11 RESIDENTIAL, MULTIPLE-FAMILY-il), AND SECTION 3.3.109 (RM- 18 RESIDENTIAL, MULTIPLE-FAMIL¥-18) BY ADDING AS A PERMITTED USE COMMUNITY RESIDENTIAL HOMES SUBJECT TO CERTAIN CONDITIONS AND FAMILY RESIDENTIAL HOMES PROVIDED SUCH HOMES SHALL NOT BE LOCATED WITHIN A RADIUS OF ONE THOUSAND FEET OF ANOTHER EXISTING FAMILY RESIDENTIAL HOME AND BY ADDING AS A CONDITIONAL USE FAMILY RESIDENTIAL HOMES LOCATED WITHIN A RADIUS OF ONE THOUSAND FEET OF ANOTHER SUCH FAMILY RESIDENTIAL HOME AND BY DELETING CONGREGATE CARE FACILITIES, FOSTER HOMES, AND GROUP CARE HOMES AS A CONDITIONAL USE; AMENDING SECTION 3.3.119 (I INSTITUTIONAL) BY ADDING AS A PERMITTED USE INSTITUTIONAL RESIDENTIAL HOMES AND BY DELETING FOSTER CARE HOMES AND GROUP CARE HOMES AS A PERMITTED USE AND BY DELETING CHILD CARE FACILITIES, CONGREGATE CARE FACILITIES, AND FOSTER HOMES AS A CONDITIONAL USE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE SECRETARY OF STATE; PROVIDING Struck through passages are deleted. added. --1-- Underlined passages are ~OOK 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. The Florida Legislature adopted Chapter 89-372, Laws of Florida, relating to the siting of "community residential homes" as defined therein. 2. Chapter 89-372 deems a community residential home with six or fewer residents as a single-family unit and a non- commercial, residential use for the purpose of local laws and ordinances. Accordingly, these homes shall be allowed in single- family or multi-family zoning without approval by the local government provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such home. 3. Chapter 89-372 provides that a community residential home with seven (7) to fourteen (14) residents shall be permitted in multi-family zoning subject to review by the local governing body and compliance with standards set out therein. 4. It is necessary for the health, safety, and welfare of the citizens of St. Lucie County, Florida, that the St. Lucie County Zoning Ordinance be amended to comply with the requirements of Chapter 89-372, Laws of Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Struck =~ ..... ~ passages are deleted added. --2-- Underlined passages are 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 to add the following definitions: Section 2.2.000. Definitions Community residential home: A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, includinq such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term "community residential home" shall include congregate care facilities, foster homes, group care homes and child care facilities with seven (7) to fourteen (14) residents and that otherwise meet the definitional requirements of a community residential home. Family residential home: A dwellinq unit licensed to serve clients of the Department of Health and Rehabilitative Services, which provides a living environment for six (6) or fewer unrelated residents who operate as the functional eguivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term "family residential home" shall include conqreqate care facilities, foster homes, qroup care homes and child care facilities with six (6) or fewer residents and that otherwise meet the definitional requirements of a family care home. Institutional residential home: A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services, which provides a livin~ environment for more than fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term "institutional residential home" shall include congregate care facilities, foster homes, qroup care homes and child care facilities with more than fourteen (14) residents and that otherwise meet the definitional requirements of institutional residential home. Resident: As used in "family residential home", "community residential home" and "institutional residential home" resident means any of the following: an aged'person as defined in Section 400.618(3), Florida Statutes; a physically disabled or handicapped person as defined in Section 760.22(5)(a), Florida Statutes; a nondangerous mentally ill person as defined in ~ .... "~ ..... ~ passages deleted ~ ~ ~ ~.,~.. are . added. --3-- Underlined passages are ~ection 394.455(3), Florida Statutes; or a child as defined in ~ection 39.01(8) and (10), Florida Statutes. SDonsorinq Agency: As used in the context of "community residential home" sponsorinq aqency means an agency or unit of government, a profit or nonprofit aqency, or any other person or organization which intends to establish or operate a community residential home. Part B. ADDITION OF SECTION 3.2.912 COMMUNITY RESIDENTIAL HOMES Section 3.2.912 Community Residential Homes of Appendix A of the Code of Ordinances of St. Lucie County, Florida, is hereby added to read as follows: Section 3.2.912 Community Residential Home~ (1) Community residential homes as defined in Section 2.2.000 of this Ordinance shall be a permitted use in the RM-5 Residential, Multiple-Family-5, RM-11 Residential, Multiple- Family-il, and Residential, Multiple-Family-18 zoninq districts subject to the following conditions: (a) When a site for a community residential home has been selected by a sponsorinq agency in a multiple-family zoninq district, the aqency shall notify the County Administrator and Community Development Director in writinq and include in the notice the specific address of the site, the residential licensinq category, the number of residents, and the, community support requirements of the proqram. Such notice shall also contain a statement from the district administrator of the Department of Health and Rehabilitative Services indicating the need for and the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of clients in the home. The district administrator (b) shall also provide to the County Administrator the most recently published data compiled that identifies all community residential homes in the district in which the proposed site is to be located. The Community Development Director shall review the notification of the sponsoring agency in accordance with applicable zoning reguirements. Pursuant to such review, the Community Development Director may: Struck ~..~..~ passages are deleted. added. --4-- Underlined passages are BOOK (i) Determine that the siting of the community residential home is in accordance with applicable zoning requirements and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected. (ii) Fail to respond within sixty (60) days. If the Community Development Director fails to respond within such time, the sponsorinq agency may establish the home at the site selected. (iii)Deny the sitinq of the home. (c) The Community Development Director shall not deny the sitinq of a community residential home unless the Community Development Director establishes that the sitinq of the home at the site selected: (i) Does not otherwise conform to existinq zoninq regulations applicable to other multiple- family uses in the area. (ii) Does not meet applicable licensing criteria established by the Department of Health and Rehabilitative Services, including require- ments that the home be located to assure the safe care and supervision of all clients in the home. (iii)Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of one thousand two hundred (1,200) feet of another existing community residential home in a multiple- family zoninq district shall be an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of five hundred (500) feet of an area of sinqle-family zoning substantially alters the nature and character of the area. (d) Ail distance requirements shall be measured from the nearest point of the existinq home or area of Struck through passages are deleted. added. --5-- Underlined passages are BOOK single-family zoning to the proposed home. nearest point of the (2) Upon receipt of the written notice from the sponsoring agency provided for in (1) above, the County Administrator shall notify the Board of County Commissioners of the pending application. The Community Development Director shall, within twenty (20) days of the receipt of the application, review the application and provide the Board and the applicant with a written decision outlining reasons for the decision. Either the Board or the applicant may appeal the decision of the Community Development Director by notifying the County Administrator within ten (10) days from the date of the Director's decision. The County Administrator shall schedule the decision for review by the Board of County Commissioners at the next available meetinG. Part C. AMENDMENT OF SECTION 3.3.101 AR-1 RESIDENTIAL-1 AGRICULTURAL, Section 3..3.101(2) Permitted Use and Section 3.3.101(6) Conditional Use of Appendix A of the Code of Ordinances of St. Lucie County, Florida, are hereby amended to read as follows: Section 3.3.101 AR-1 A~ricultural~ Residential-__1 (2) Permitted uses: (a) Docks and boathouses (private). (b) Family day care homes. (c) Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existinq such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (d)(c) Farm animals subject to the requirements of Section 3.2.907. (e)(~ Highway and street rights-of-way (f){-e~ Historic and monument sites. Home occupations subject to the requirements of Section 3.2.901. (h)~ Parks. Struck ~ ..... ~ passages are deleted. added. --6-- Underlined passages are (6) (i) ( N ~ Playgrounds and athletic areas ( ~ ) (i) Single-family detached dwellings. (k){--~ Swimming beaches. Conditional uses: (a) Animal hospital services. (b)(c) Electricity regulating substations. (c)(d) Electric transmission rights-of-way. (d) Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (e)(f~ Gas pipeline rights-of-way. (f){~ Gas pressure control stations. r~x CrO~ .... ~ (g)(i) Horticulture services. (h){--j-~ Industrial wastewater disposal. (i)(k) Irrigation distribution channels. (j)(1) Kennels, completely enclosed. (k)(m) Pipeline rights-of-way and pressure control stations. (1)(n) Protective functions and their related activities. (m)(o) Railroad rights-of-way. (n){-p~ Rapid rail transit and street railway rights-of- way. (o){~ Retail: ~~'- throuuh passages are deleted. added. --7-- Underlined passages are OR (i) Fruits and vegetables. (ii) Reserved. (p)(r) Riding stables. (q)~s-~ Veterinarian services. PART D. AMENDMENT OF SECTION 3.3.102 RE-2 RESIDENTIAL, ESTATE-2 Section 3.3.102(2) Permitted Uses and Section 3.3.102(6) Conditional Uses of Appendix A of the Code of Ordinances of St. Lucie County, Florida, are hereby amended to read as follows: Section 3.3.102 RE-2 Residential, Estate-2 (2) Permitted uses: (a) (c) Docks and boathouses (private). Family day care homes. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (d)(c) Highway and street rights-of-way. (e)(~ Historic and monument sites (f){-e~ Home occupations subject to the requirements of Section 3.2.901. Horses, provided that: (i) The property is at least two (2) acres. (ii) No more than two (2) horses are kept. (iii) The horses are to be for the private and personal use of the resident and his family. (iv) The horses are to be stabled at least one hundred fifty (150) feet from any residence under ownership and three Struck ~,,~,,~ passages are deleted. added. --8-- Underlined passages are BOOK (6) i.(h) .j.(i) k. ~ Swimming beaches. Conditional uses: hundred (300) feet from the right-of-way of any street. Parks Playgrounds and athletic areas. Single-family detached dwellings. ~z Electricity regulating substations. (b)(c) Electric transmission rights-of-way. (c) edge of the Family residential homes located within a radiu~ of one thousand (1000) feet of another such family residential home. (d){-e~ Gas pipeline rights-of-way. ~, Gas pressure control stations. (f),.., Horticulture services. (g) (i) Irrigation distribution channels. (h)~ Pipeline rights-of-way and pressure control stations. ( i ) ( k ) Protective functions and their activities. ( j ) (1) Railroad rights-of-way. (k)(m) Rapid rail transit and street railway rights-of- way. ( 1 ) (n) Veterinarian services. related *~ .... "~ ..... ~ deleted ............ ~,, passages are . added. --9-- Underlined passages are OR 9 PART E. AMENDMENT OF SECTION 3.3.103 RS-2 RESIDENTIAL, SINGLE- FAMILY-2 Section 3.3.103(2) Permitted Uses and Section 3.3.103(6) Conditional Uses of Appendix A of the Code of Ordinances of St. Lucie County, Florida, are hereby amended to read as follows: Section 3.3.103 RS-2 Residential, Single-Family-2 (2) Permitted uses: (a) Docks and boathouses (private). (b) Family day care homes. (c) Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home with and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (d)(c) Highway and street rights-of-way. (e)( ~' Historic and monument sites (f){-e~ Home occupations sub3ect to the requirements of Section 3.2.901. (g)(f) Parks .(h)~j~ Playgrounds and athletic areas. Single-family detached dwellings. Swimming beaches. (6) Conditional uses: (a)(b) Electricity regulating substations. (b)(c) Electric transmission rights-of-way. Struck through passages are deleted. Underlined passages are added. -10- 682 ^ 1250 (c) Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. ~cstsr hemes. (d)~=-~ Gas pipeline rights-of-way. (e)(f) Gas pressure control stations. Irrigation distribution channels. (g)(i) Pipeline rights-of-way stations. and pressure control (h){-j-~ Protective activities. functions and their related (i)(k) Railroad rights-of-way. (j)(1) Rapid rail transit and street railway rights-of- way. PART F. AMENDMENT OF SECTION 3.3.104 RS-3 RESIDENTIAL, SINGLE FAMILY-3 Section 3.3.104(2) Permitted Uses and Section 3.3.104(6) Conditional Uses of Appendix A of the Code of Ordinances of St. Lucie County, Florida, are hereby amended to read as follows: Section 3.3.104 RS-3 Residential, Single-Family-3 (2) Permitted uses: (a) (b) Docks and boathouses (private). Family day care homes. (c) Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsorinq agency or Department of Health and Rehabilitative Services (HRS) notifies thn Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (d)~c)Highway and street rights-of-way. ...... ~,, passages are deleted. added. -11- Underlined passages are 682 (6) ~, Historic and monument sites. (f)~e-} Home occupations subject to the requirements of Section 3.2.901. (g)(f) Parks (h)~ Playgrounds and athletic areas. (i)(,%) Single-family detached dwellings. (j)(i) Swimming beaches. Conditional uses: (a)(b) Electricity regulating substations. (b)(c) Electric transmission rights-of-way. (c) Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. Fcst~r hcm~. Gas pipeline rights-of-way. Gas pressure control stations. Irrigation distribution channels. Pipeline rights-of-way and pressure control stations. Protective functions and their related activities. Railroad rights-of-way. Rapid rail transit and street railway rights-of- way. Struck through passages are deleted. added. -12- Underlined passages are 682 BOOK PART G. AMENDMENT OF SECTION 3.3.105 RS-4 RESIDENTIAL, SINGLE- FAMILY-4 Section 3.3.105(2) Permitted Uses and Section 3.3.105(6) Conditional Uses of Appendix A of the Code of Ordinances of St. Lucie County, Florida, are hereby amended to read as follows: Section 3.3.105 RS-4 Residential, Single-Family-4 (2) Permitted uses: (a) Docks and boathouses (private). (b) Family day care homes. (c) Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsorinq aqency or Department of Health and Rehabilitative Services (HRS) notifies tho Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (d)(c)Highway and street rights-of-way. (e)(=' Historic and monument sites (f){-e~ Home occupations subject to the requirements of Section 3.2.901. Parks Playgrounds and athletic areas. (i)(h) Single-family detached dwellings. ( j ) ( i ) Swimming beaches. (6) Conditional uses: ~ ~ f t rcs±dent~ (a)(b) Electricity regulating substations. (b)(c) Electric transmission, rights-of-way. (c) Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. ...... ~.. passages are deleted. added. -13- Underlined passages are 682 ~00~ (d)~e-} Gas pipeline rights-of-way. .(e)(f) Gas pressure control stations. (f)(h) Irrigation distribution channels. (g)(i) Pipeline rights-of-way stations. and pressure control Protective activities. functions and their related (i)(k) Railroad rights-of-way. Rapid rail transit and street railway rights-of- way. PART H. AMENDMENT OF SECTION 3.3.107 RM-5 MULTIPLE-FAMILY - 5 RESIDENTIAL, Section 3.3.107(2) Permitted Uses and Section 3.3.107(7) Conditional Uses of Appendix A of the Code of Ordinances of St. Lucie County, Florida, are hereby amended to read as follows: Section 3.3.107 RM-5 Residential, Multiple-F~mily-5 (2) Permitted uses: Community residential homes subject to the provisions of Section 3.2.912 of this Ordinance. Docks and boathouses (private). (c)(b) Family day care homes. ,(d) Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (e)(c) Highway and street rights-of-way. Struck ~..~w..~ passages are deleted. added. -14- Underlined passages are BOOK (?) (f)~, Historic and monument sites. (g){~ Home occupations subject to the requirements of Section 3.2.901. (h)(f) Parks. Playgrounds and athletic areas. (i)(h) Single-family detached dwellings· (k)(i) Swimming beaches. Conditional uses: ..(_~(~ ~, Electricity regulating substations. (b)(c) Electric transmission rights-of-way. (c) Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. .(d){-e~ Gas pipeline rights-of-way. (e)(f) Gas pressure control stations. ,(f)~,,z Irrigation distribution channels. (g).(i) Pipeline rights-of-way stations. and pressure control ,,(h)~j-~ Protective activities. functions and their related (i)(k) Railroad rights-of-way. Rapid rail transit and street railway rights-of- way. Struck through passages are deleted. added. -15- Underlined passages are .o 882 PART I. AMENDMENT OF SECTION MULTIPLE-FAMILY - 11 3.3.108 PM-il RESIDENTIAL, Section 3.3.108(2) Permitted Uses and Section 3.3.108(7) Conditional Uses of Appendix A of the Code of Ordinances of St. Lucie County, Florida, are hereby amended to read as follows: Section 3.3.108 RM-11 Residential, Multiple-Family-il (2) Permitted uses: ,8,0 Community residential homes subject to the provisions of Section 3.2.912 of this Ordinance. (b)(a) Docks and boathouses (private). (c)(b) Family day care homes. (d) Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another e~4sting such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (e)(c) Highway and street rights-of-way. (f)(d) Historic and monument sites. Home occupations sub3ect to the requirements of Section 3.2.901. (h)~f-} Parks. .(i){~ Playgrounds and athletic areas. Single-family detached dwellings. (k)(i) Swimming beaches. (7) Conditional uses: (a)(b) Electricity regulating substations. Struck added. passages are deleted. Underlined passages are -16- .1256 (b)(c) Electric transmission rights-of-way. (c) Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (d){-e~ Gas pipeline rights-of-way. (e)(f)Gas pressure control stations. Group (f)~-~Irrigation distribution channels. (g)(i) Pipeline rights-of-way and pressure control stations. (h)~-~ Protective functions and their related activities. (i)(k) Railroad rights-of-way. (j)(1) Rapid rail transit and street railway rights-of- way. PART J. AMENDMENT OF SECTION 3.3.109 RM-18 RESIDENTIAL, MULTIPLE-FAMILY - 18 Section 3.3.109(2) Permitted Uses and Section 3.3.109(7) Conditional Uses of Appendix A of the Code of Ordinances of St. Lucie County, Florida, are hereby amended to read as follows: Section 3.3.109 RM-18 Residential, Multiple-Family-18 (2) Permitted uses: a__=. Community residential homes subject to the provisions of Section 3.2.912 of this Ordinance. (b){-e+ Docks and boathouses (private). (c)(b) Family day care homes. (d) Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) Struck ~ ..... ~ passages are deleted added. -17- Underlined passages are BOOK (7) notifies the Board of County Commissioners at the time of home occuDancy that the home is licensed by HRS. (e)(c) Highway and street rights-of-way. (f)(d) Historic and monument sites. (g){-e+ Home occupations subject to the requirements of Section 3.2.901. (h)(f) Parks. (i){~j-~ Playgrounds and athletic areas. (j)(h) Single-family detached dwellings. (k)(i) Swimming beaches. Conditional uses: (a)(~, Electricity regulating substations. (b)(c) Electric transmission rights-of-way. (c) Family residential homes located within a radius of one thousand (1000) feet family residential home. (d)~e-~ Gas pipeline rights-of-way. (e)(f) Gas pressure control stations. (f)(.%) Irrigation distribution channels. (q)(i) Pipeline rights-of-way and stations. (h)~-j~ Protective functions and activities. (i)(k) Railroad rights-of-way. of another such pressure control their related Struck through passages are deleted. added. -18- Underlined passages are (j)(1) Rapid rail transit and street railway rights-of- way. PART K. AMENDMENT OF SECTION 3.3.119 I INSTITUTIONAL Section 3.3.119(2) Permitted Uses and Section 3.3.119(7) Conditional Uses of Appendix A of the Code of Ordinances of St. Lucie County, Florida, are hereby amended to read as follows: Section 3.3.119 I Institutional (2) Permitted uses: (a) Institutional residential homes. (b)(c) Highway and street rights-of-way. (c)(d) Parks. (d){-e~ Protective functions and their related activities. (e)(f) Recreational activities. (f)+g-} Religious facilities. (g)(.h) Religious quarters. (h) ( i ) Swimming beaches. (7) Conditional uses. The following uses shall require site plan approval if the proposed use would otherwise require the same in accordance with section 5.1.300: (a) Amphitheaters (b) Business associations. (c) Cemeteries. ~ Child .... facilities. (d){-e-~ Civic, social and fraternal associations. Struck through passages are deleted. added. -19- Underlined passages are oo 682 (e){~3~ Correctional institutions· (f)(h) Cultural activities and nature exhibitions. (g)(1) Drive-in movies. (h){--j-~ Educational services. (i)(k) Electricity regulating substations. (j)(1) Electric transmission rights-of-way. (k)(m) Executive, legislative and 3udicial functions. (1)(n) Fairgrounds. (m){-p~ Funeral and crematory services. (n)+e~ Gas pipeline rights-of-way. (o)(r) Gas pressure control stations. ........ ~, ~** ~dd~t .... t~ staff ~ Heliport landing/takeoff pads. (q)[u) Irrigation distribution channels. (r),~, Labor unions and similar organizations. (s)~,~ Legitimate theaters. (t)(x) Medical and other health services. (u)(y) Military bases and reservations. (v)(z) Motion picture theaters· (w){-ea~Pipeline rights-of-way and pressure control stations. (x)~)Postal service. .(¥)(cc)Professional membership organizations. (z)(dd)Public assembly, miscellaneous purposes. Struck ~..~,,~ passages are deleted. added. -20- Underlined passages are BOOK (aa)~ee-}Railroad rights-of-way (excluding switching and marshalling yards. (bb)(ff)Rapid rail transit and street railway rights- of-way. (cc)~jej-}Retirement homes and orphanages. (dd)(hh)Resorts and group camps. (ee)(i±)Sports assembly. (ff){--j-~Welfare and charitable services. PART L. 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 M. 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 N. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified cody of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. Struck through passages are deleted. added. -21- Underlined passages are PART O. 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 P 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 AYE Commissioner Jim Minix AYE Commissioner Jack Krieger AYE PART P. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts J through 0 shall not be codified. PASSED AND DULY ADOPTED this 2?th day of Februa.~r~;-t~'~.~ BOARD OF COUNTY?~O~ssioNERs ATTEST: . ~"~, ' ~ ~ ~ ~ added. ST. LUCIE COUNTY, FLORIDA BY: ~. passages are deleted. -22- Underlined passages are OR oo 682 ~PPROVEttx~S TO FORM CO~N'ItY A~ AND iEY ~)0 I~R 16 RI1:32 1032439 FILEt) AN[) OOUGLAS DIXON SI. LUCIE [,[]UNi Struck through passages added. are deleted. -23- Underlined passages are 1031934 I ORnINANCE NO. 90 'b (formerly 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 January 25, 1990, 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. °~ .... " ~ ..... ~ passages are deleted. Underlined passages are added. --1-- BOOK 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. 5. On February 27, 1990, 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 February 2, 1990. 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: PART B. (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. 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. Underlined passages are added. --2-- 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 R. Dale Trefelner Vice Chairman Havert L. Fenn Commissioner Judy Culpepper Commissioner Jack Krieger Commissioner Jim Minix AYE AYE AYE AYE AYE ...... ~,, passages are deleted. added. Underlined passages are -3- PART G. COD~CAT~ONo 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 27th day of February, 1990. ATTEST: BOARD OF COUNTY COMMIi ..... ~ ST. LUCIE COUNTY, FLOi CHA APPROVED AS TO FORM ! /COR..~ECTNESS ~ C'OUI~'TY/~ ~/~NEY ...... through passages are deleted. added. --4-- oo 681 Underline~d passages are AN ORDINANCE AMENDING SUBSECTION (2) (PERMITTED USES) OF SECTION 3.3.110 (CN COMMERCIAL NEIGHBORHOOD) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) PROVIDING AUTO PARTS AND WINDOW TINTING SERVICES, ANTIQUE STORES, AND DENTAL LABORATORY SERVICES AS PERMITTED USES IN (CN COMMERCIAL NEIGHBORHOOD) 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. 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 for expanded retail activities within the (CN Commercial Neighborhood) Districts, auto parts and window tinting services, antique stores, and dental laboratory services should be allowed as permitted uses in (CN Commercial Neighborhood) districts under Section 3.3.110(2). 3. On January 25, 1990, 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. Struck through passages are deleted. Underlined passages are added. -m- E, OOK 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. 5. On February 27, 1990, 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 February 2, 1990. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SUBSECTION (2) (PERMITTED USES) OF SECTION 3.3.110 (CN COMMERCIAL NEIGHBORHOOD) OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES). Subsection (2) of Section 3.3.110 of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby amended as follows: Section 3.3.110. CN Commercial Neighborhood. (2) Permitted uses: (a) Accounting, auditing and bookkeeping services. (b) Apparel repair, alteration and cleaning pick-up services; shoe repair services. (c) Auto parts and window tinting services. (d) Beauty and barber services. (e) Dental laboratory services. (f) Dental services. (~) Docks and boathouses (private). (h) Educational and scientific research services. (i) Engineering and architectural services. (j) Financial, insurance, and real estate services. (k) Highway and street rights-of-way. (1) Historic and monument sites. (m) Laundering and dry cleaning (self-service). (n) Legal Services. (O) Libraries. (p) Medical clinics, outpatient services. (G) Parks. Struck ~,,~,,~ passages are deleted. added. -2- Underlined passages are 681 BOOK (r) Photographic services. (s) Physician's services. (t) Playgrounds and athletic areas. (u) Repair services. (i) Electrical repair. (ii) Radio and television repair. (iii) Watch, clock, jewelry and instrument repair. (v) Retail trade: (i) Antique stores. (ii) Apparel and accessories. (iii) Bakeries. (iv) Books and stationery. (v) Cameras and photographic supplies. (vi) Candy, nuts and confectionery. (vii) Ceramics and pottery. (viii) Dairy products. (ix) Drugs and proprietary. (x) Eating places. (xi) Eggs and poultry. (xii) Fish and seafood. (xiii) Florists. (xiv) Fruits and vegetables. (xv) Gifts, novelties and souvenirs. (xvi) Groceries (with or without meat). (xvii) Household appliances. Jewelry. Meats. Newspapers and magazines. Optical goods. Plants and garden supplies. Radios, televisions and music supplies. Sporting goods and bicycles. Tobacco products. (w) Swimming beaches. (x) Transportation ticket services. (y) Traveling arranging services. (z) Urban planning services. (aa) Watch, clock and jewelry repair. musical 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 65i ?^ 2976 ~OOK 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 R. Dale Trefelner Vice Chairman Havert L. Fenn Commissioner Judy Culpepper Commissioner Jack Krieger Commissioner Jim Minix Aye Aye Aye Aye Aye Struck ~..~..~ passages are deleted. added. -4- Underlined passages are 681 ~OOK 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 2?th day of February, 1989. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPRO~D AS TO FORM AND ~ORRECTNESS :/h '90 I'!~,1~ ~ 4 P 2:08 1031933 ~ FILE[.) AN[', RECO,,~ Struck added. passages are deleted. -5- Underlined passages are D' ~X $ ~ ,~f ~uit ~u~ ORDINANCE NO. 90-11 (Formerly Ordinance No. 89-75) 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 ROOF SIGN FOR CLARIFICATION; BY AMENDING SECTION 3.2.720(6)(a) BY INCREASING THE AMOUNT OF SPACING FOR OFF-PREMISES SIGNS; BY AMENDING SECTION 3.2.740(1)(d) BY ADDING SUBSECTION (vi) PROVIDING FOR GROUND SIGNS TO HAVE A XERISCAPED LANDSCAPED AREA AROUND ITS BASE EXTENDING A MINIMUM OF THREE FEET IN ALL DIRECTIONS CONSISTING OF GROUND COVER AND SHRUBS, HEDGES OR SIMILAR VEGETATIVE MATERIALS; BY AMENDING SECTION 3.2.740(2)(a) BY REDUCING OFF-PREMISES SIGNS SQUARE FOOT AREA TO THREE HUNDRED SIXTY SQUARE FEET; BY AMENDING SECTION 3.2.740(2)(b) BY REDUCING OFF-PREMISES SIGNS HORIZONTAL FOOT SIGN DIMENSION TO THIRTY FEET; BY AMENDING SECTION 3.2.740(2)(d) BY INCREASING THE LOCATION OF OFF-PREMISES SIGNS FROM ANY STREET RIGHT-OF- WAY OR PROPERTY LINE TO TWENTY-FIVE FEET; BY AMENDING SECTION 3.2.740(2)(f) BY REQUIRING THAT OFF-PREMISES SIGNS NOT BE LOCATED WITHIN A RADIUS OF FIFTY FEET OF ANY RESIDENTIAL ZONE AND FURTHER AMENDING SECTION 3.2.740(2)(f) BY DELETING THE MEASUREMENT REQUIREMENT ALONG A COMMON RIGHT-OF-WAY LINE AND TWO RIGHT-OF-WAY LINES; BY AMENDING SECTION 3.2.740(2)(g) BY REQUIRING THAT OFF- PREMISES SIGNS NOT BE LOCATED SO AS TO FACE A LOT ON THE SAME STREET NOR NEARER TO SUCH USES THAN A RADIUS OF TWO HUNDRED FEET; AND FURTHER AMENDING SECTION 3.2.740(2)(g) BY DELETING THE MEASUREMENT REQUIREMENT ALONG A COMMON RIGHT-OF-WAY LINE; BY ADDING SECTION 3.2.740(2)(h) REQUIRING COMPLIANCE WITH SECTION 3.2.740(1)(d) WHERE THE OFF-PREMISES SIGN IS ALSO A GROUND SIGN; BY ADDING SECTION 3.2.770 ALLOWING FOR THE PROVISION OF NONCONFORMING SIGNS; 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. Struck through passages are deleted. added. Underlined passages are 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. As the regulations of buildings and structures through zoninG is a valid use of the police power, so too is the regulation of signs since such signs in the literal sense must ordinarily be considered structures, and in a practical sense are capable of producinG many of the same nuisances as are produced by buildings. 3. In order to insure the safety of the motorinG public by regulatinG the size and location of signs so that their purpose can be served without unduly distractinG motorists and causinG unsafe conditions; and further in order to protect and preserve the health, safety, and welfare, appearance and General well- beinG of the citizens of St. Lucie County, it is necessary to amend certain sections of the St. Lucie County ZoninG Ordinance (Appendix A of the St. Lucie County Code of Ordinances). 4. On January 25, 1990, 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. Struck ~,~..~ passages are deleted. Underlined passages are added. --2-- oo 651 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 with suggested changes. 6. On February 27, 1990, 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 Tribune on February 2, 1990. 7. This Board believes that passage of the proposed zoning text amendment will promote traffic safety, improve the appearance of the County, and 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 2.2.000 (DEFINITIONS). Section 2.2.000 (Definitions) of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby amended as follows: Section 2..2.000. Definitions. When used in this ordinance, the following terms shall have the meanings herein ascribed to them: Roof sign: Any sign fastened to erected over or on the roof of a building, excluding a nonluminescent emblem designating a religious facility. PART B. AMENDMENT OF SECTION 3.2.720(6)(a) OF SECTION 3.2.720 (PERMITTED PERMANENT SIGNS). Struck =~,,~,~ passages are deleted. added. --3-- Underlined passages are Section 3.2.720(6)(a) of Section 3.2.720, (Permitted Permanent Signs) of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby amended as follows: Section 3.2.720. Permitted Permanent Signs. The following signs or advertising structures of a permanent nature shall be permitted within the following zoning districts: (6) Commercial, General, (CG); Industrial, Light (IL); Industrial, Heavy (IH); Industrial Extraction (IX); Utilities (U); Commercial, Tourist (CT): (a) Off-premises signs not to be spaced less than _a radius of f~v~ ~'--~-~ '=n~ ~ ......... ~ ,-,,.,,.,, one thousand five hundred (1,500) feet apart on ~ ...... ~' - PART C. AMENDMENT OF SECTION 3.2.740(1)(d) AND SECTION 3.2.740(2) OF SECTION 3.2.740 (GENERAL PROVISIONS). Section 3.2.740(1)(d) and Section 3.2.740(2) of Section 3.2.740 (General Provisions) of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) are hereby amended as follows: Section 3.2.740. General Provisions. In addition to the requirements set forth in Sections 3.2.720 and 3.2.730, the following general provisions shall apply to specific types of signs: (1) On-premises signs: (d) Ground Signs: (i) Shall not exceed a total height above natural ground level of thirty-five (35) feet, except as may be further restricted in this ordinance, and fifty (50) feet total height above grade along the Florida Turnpike and 1- 95. Struck ~,,~,,~ passages are deleted. Underlined passages are added. --4-- BOOK (ii) Shall not be located less than eighteen (18) inches (leading edge measured horizontally) from any public right-of-way line, ad3acent property line, or structure. (iii) Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway or fourteen (14) feet over any vehicular driveway. (iv) May be located within twenty (20) feet of a street intersection provided that: Such sign shall not exceed three (3) feet in height unless there is at at least nine (9) feet clearance from the ground; and Shall not have poles or support structures of greater than a twelve (12) inches in diameter. (v) Shall be adequately constructed and securely anchored in accordance with the Standard Building Code. (vi) Shall have a landscaped area around its bas~ which extends a minimum distance of three (3) feet in all directions. Such landscaped ares shall be completely covered by natura] xeriscape ground cover and shrubs, hedges or similar veqetive materials. (2) Off-premises signs: (a) Shall not exceed a sign area of ~ three hundred sixty t~vv~ (360) square feet including all trim, molding, or skirting, except as may be further restricted in this ordinance. (b) Shall not exceed a sign dimension of fifty (50) thirty (30) feet horizontally or twelve (12) feet vertically including all trim, molding, or skirting. (c) Shall not exceed a total height above natural ground level of thirty-five (35) feet, except as may be further restricted in this ordinance, and fifty (50) feet total height above grade along the Florida Turnpike and 1-95. ...... ~,, passages are deleted. Underlined passages are added. --5-- .o 681 (d) Shall be located a minimum of ~e~ twenty-five (25) feet from any street right-of-way or property line. (e) Shall not be located closer to a right-of-way line than any building on contiguous property if such building is situated within one hundred (100) feet of the sign. (f) Shall not be located within a radius of fifty (50) feet of any residential zone, - ....... ....... :-~ ~ ..... ~' ....... ~'~:- thirty (~) (g) Shall not be located so as to face a lot on the same street occupied by a church, public school, public park, playground, beach, civic area, or cemetery, nor nearer to such uses than a radius of two hundred (200) feet ............. a_~ _= · -i~e. (h) Shall comply with Section 3.2.740(1)(d)(v) and (vi) where the off-premises sign is also a ground sign. PART D. ADDITION OF SECTION 3.2.770 (NONCONFORMING SIGNS). Section 3.2.770 (Nonconforming Signs) of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby added to read as follows: Section 3.2.770. Nonconforming signs. (1) General. Any sign or advertising structure in tho unincorporated area of the County on which, by its height, area, location, use or structural support does not conform to the requirements of this chapter, shall be termed nonconforming. (2) Continuation or removal. Ail nonconforming signs or advertisinq structures properly permitted and conforming to the sign ordinances of the County in effect on th~ effective date of this Ordinance, may continue in us~ in accordance with the other provisions of the section. Ail other nonconforming signs shall be removed within one year from the effective date of this chapter. (3) Structural alterations. Nonconforming signs shall not be structurally altered or enlarged unless they are mado Struck ~..~=~,,~ passages are deleted. added. --6-- oo 681 Underlined passages are to conform with all the requirements of this chapter, except that substitution or interchange of copy may bo permitted until the expiration date for removal of said signs. (4) Natural damage. Nonconforming signs which are more than fifty (50) per cent destroyed by wind, deterioration or other damage shall be made to conform with all thn requirements of this chapter, or be completely removed. (5) Off-premises siqns with less than the minimum separation. Where two (2) or more off-premises signs, each of which was lawfully installed at its time of installation, are situated closer to each other than permitted by Section 3.2.720(6)(a). then all such signs except the one first installed in the County shall bo nonconforminq. 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. 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 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 Struck through passages are deleted. added. --7-- BOOK Underlined passages are Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART H. 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 I. 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 AYE Commissioner Jack Krieger AYE Commissioner Jim Minix AYE PART J. 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 E through J shall not be codified. PASSED AND DULY ADOPTED this 2?th day of February, 1990. ATTEST: BOARD OF COUNTY COMMIS~ ST. LUCIE COUNTY, BY: passages are deleted. --8-- oo, 681 Underlined passages are APPROVED A.~ 70 ~0RN AND (~ORR]~CTNESS: I~.~ 14 ~, 8:45 1031 ?38 Struck added. passages are deleted. --9-- ~oo~°~ 681 ~.2556 Underlined passages are 1031935 DOUGLAS D~O~ '^ · St Lm~e Coun~ I' ~ ~erk of ~.rcuit Court ORDINANCE NO. 90-1~'~' ''''~$ By ~'~ ' (Formerly Ordinance No. 89-61) ~.6r~) I,&~ ~,k To~l$ AN ORDINANCE A~ENDING SECTION 3.2.800 OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) BY ADDING THE DISTRICT CT (COMHERCIAL, TOURIST) UNDER SECTION 3.2.S00(2)(b) AND FORHER SUBSECTION (c) CHAN~ED TO (d); BY DELETING A SCRIVENER ERROR UNDER THE FORMER SUBSECTION (d) CHANGED TO (e); AND BY ADDING A NEW SUBSECTION (c) PROVIDING FOR TENTS TO BE PERMITTED AS A PARTICULAR TEHPORARY USE AND FUNCTION THAT IS ACCESSORY TO THE PRINCIPAL USE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERA~IL~TY AND APPLICABILXTY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATXON 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. Indoor and outdoor art and craft shows, bazaars, carnivals, revivals, circuses, sports events and exhibits should be allowed as temporary uses in Commercial, Tourist (CT) districts under Section 3.2.800(2)(b) and former Subsection (c) changed to (d). 3. Due to a scrivener error under Section 3.2.800(2) former Subsection (d) should be amended to (e). 4. Tents should be allowed as a temporary use for the purpose of temporary shelter or cover during special events and sales. Struck through passages are deleted. added. --1-- Underlined passages are 881 5. On January 25, 1990, 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. 6. 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. 7. On February 27, 1990, 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 February 2, 1989. 8. 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 3.2.800 (TEMPORARY USES AND STRUCTURES). 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) is hereby amended to read as follows: o3 .... ,. ~ ..... ~ deleted ~~ ~..~.. passages are . added. --2-- Underlined passages are ° " 651 , ,2984 BOOK Section 3.2.800. Temporary Uses and Structures. (1) Authorization. Temporary uses are permitted in any zoning district subject to the standards hereinafter established, provided that all temporary uses shall meet the dimensional and parking requirements for the zoning district in which the use is located. (2) Particular temporary uses permitted. Permitted temporary uses include: (a) Garage sales, provided that no more than two (2) sales of three (3) days each are conducted at any site during any one (1) calendar year. (b) Indoor and outdoor art and craft shows, bazaars, carnivals, revivals, circuses, sports events, and exhibits in the Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-5 (RM-5); Residential, Multiple-Family-il (RM-11); Residential, Multiple- Family-18 (RM-18); Commercial, Neighborhood (CN); Commercial, General (CG); Commercial, Tourist (CT); Industrial Light (IL); Agricultural (AG); Institutional (I); and Recreational Vehicle Park (RVP) Districts, provided that no more than two (2) events of seven (7) days each are conducted on the same property during any calendar year. (c) Tents for temporary uses and functions that are accessory to the principal use and are used as temporary cover durinq special events or sales for uses directly related to those events or sales, provided that: (i) No more than two (2) events of seven (7) days each are conducted on the same property during any calendar year; and (ii) The applicant secures a written statement from the St. Lucie County Fire District that the tents under which the operation are to be held are of fireproof material and will not constitute a fire hazard. (NFPA COde 102). Struck =~..~v~.~ passages are deleted. added. --3-- Underlined passages are ~OOK ~, (d) Christmas tree sales in the Commercial, Neighborhood (CN); Commercial, 0ffice (C0); Commercial, General (CG); Commercial, Tourist (CT); Industrial Light (IL); Agricultural (AG); and Institutional (I) Districts, provided that such use shall not exceed sixty (60) days. /4% ,~, (e) Construction offices, which may be used for security purposes,~..~--4 ~,~...~.,~ .... t and equipment sheds in any district in which erection, addition, relocation, or structural relocation is taking place provided that such use shall be limited to the period of actual construction. ~ (f) Mobile homes: (i) Mobile homes may be used as construction or sales offices in any district in which erection, addition, relocation, or structural relocation is taking place provided: ae Such use shall be limited to the period of actual construction; b. Tie-down permits shall be obtained; and Ail such mobile homes comply with any applicable regulations. de The mobile home in which the security employee(s) live shall not remain after the period of actual construction. (ii) Mobile homes as temporary shelter incidental to construction of a residence in all residential zoning districts, AR-1 and AG. Prior to occupancy of such a mobile home, permits for the principal residence shall be required. Occupancy of the mobile home shall be restricted to that period of time during which construction is taking place in accordance with a valid building permit. In no case shall occupancy exceed one (1) year, regardless of state of construction, with one (1) six-month extension. The extension shall be sub3ect to the approval of the board of county commissioners. (f) (g) Use of recreational vehicles as temporary shelter. When fire or natural disaster has rendered a single-family residence unfit for human habitation, °~ .... '- ~ ..... ~ passages are deleted. added. --4-- Underlined passages are 681 the temporary use of a recreational vehicle located on the single-family lot during rehabilitation of the original residence or construction of a new residence may be permitted subject to the following regulations: Required water and sanitary facilities must be provided. The maximum length of the use shall be six (6) months, but the director may extend the permit for a period or periods not to exceed sixty (60) days in the event of circumstances beyond the control of the owner. Applications for an extension shall be made at leest fifteen (15) days prior to expiration of the original permit. {~J-} (h) Religious facilities in existing structures 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 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- 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 Struck added. ~..~w..~ passages are deleted. -5- Underlined passages are 681 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 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 Chairman R. Dale Trefelner Vice Chairman Havert L. Fenn Commissioner Judy Culpepper 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 Struck ~ ..... ~ passages are deleted added. -6- Underlined passages are °" 681 E, OOK 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 27th day of February, 1990. C ATTEST: BOARD OF COUNTY ~. APPROVF¢~ AS TO Struck through passages are deleted. added. -7- Underline~d passages are o, 681 BOOK 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 1054'405 ORDINANCE NO. 90-14 AN ORDINANCE AMENDING APPENDIX A ( ZONING REGULATIONS) OF THE ST. LUCIE COUNTY CODE AND COMPI LED LAWS, BY PROVI DING CLARI FYI NG LANGUAGE IN SECTION 1. 3. 000 (GENERAL PURPOSES AND POLICIES SECTION), 1. 4. 000 ( PURPOSE AND EFFECT OF THE COMPREHENSIVE PLAN), AND SECTION 2. 2. 000 (DEFINITIONS); AMENDING SECTION 3. 1. 000 (ZONING DISTRICTS ESTABLISHED) BY PROVIDING FOR THE CREATION OF THE RE-l, RM-7, EM-9, EM-15, AG-l, AG-2. 5, AG- 5 AND R/C ZONING DI STRI CTS AND THE DELETI ON OF THE EM- 18 AND AG ZONING DISTRICTS; BY AMENDING SECTION 3. 2. 000 ( REGULATIONS OF GENERAL APPLI CABI LI TY ) PROVIDING LOT SI ZE AND DIMENSIONAL REQUIREMENTS IN TABLE 1 FOR THE NEW ZONING DISTRICTS; BY AMENDING SECTION 3. 2. 700 (SI GNS) PROVI DING FOR THE NEW ZONING DISTRICTS OF AG-l, AG-2.5, AG-5, R/C, RE-l, EM-7, EM-9, RM-15, AND PNRD; BY AMENDING SECTION 3.. SOO (TEMPORARY USES AND AND AG-5; BY AMENDING SECTION 3. 2. 902 (NONCONFORMITIES) BY ADDING PROVISIONS FOR~J BETWEEN JUL%r 1, 1984 AND JANUARY 9, 1990; BY CREATING SECTION 3. 3. 102, RESIDENTIAL ESTATE- 1; BY CREATING SECTION 3. 3. 109, RESIDENTIAL MULTI PLE FAMILY- 7; BY CREATING SECTI ON 3. 3. 110, RESIDENTIAL MULTIPLE FAMILY-9; BY CHANGING SECTION 3. 3. 109, RESIDENTIAL MULTI PLE FAMILY DI STRI CT- 18 TO SECTI ON 3. 3. 112 AND REPLACING THE RESIDENTIAL MULTIPLE FAMILY DI STRICT- 18 TO RESIDENTIAL MULTIPLE FAMILY DI STRICT- 15; BY CHANGING SECTION 3. 3. 117, AGRICULTURAL DISTRICT TO SECTION 3. 3. 120 AND REPLACING THE AGRI CULTURAL DI STRI CT WI TH AGRI CULTURAL- 1; BY CREATING SECTION 3.. 3. 121, AGRICULTURAL- 2. 5; BY CREATING SECTION 3. 3. 122, AGRICULTURAL-5; BY CREATING SECTION 3. 3. 123, RESI DENTI AL/CONSERVATI ON; BY ADDING CLARIFYING LANGUAGE IN SECTION 3. 3. 125 PROVIDING FOR THE NEW ZONING DISTRICTS AG- 1, AG-2. 5, AG-5, R/C, RE-l, EM-5, EM-7, EM-9, AND RM-15, AND RENUMBERING AND RELETTERING EXI STING SECTIONS CONSECUTIVELY; PROVI DING FOR CONFLI CTI NG PROVI SI ONS; PROVI DING FOR SEVERABI LI T¥ AND APPLI CABI LI TY; PROVI DING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTI ON; AND PROVI DING FOR CODI FI CATI ON 698 407 Bold & underline for addition I se~ike-eh~eu~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 WHEREAS, the Board of County Commissioners of St. County, Florida, has made the following determinations. Lucie 1. In recognition of the new land use designations which have been adopted as a part of the revised St. Lucie County Comprehensive Plan, it is necessary to create several new zoning districts reflecting the implementation of these new land use categories. 2. On Thursday, May 24, 1990, the St. Lucie County Local Planning Agency/Planning and Zoning Commission held a public hearing due notice of which was published at least fifteen days (15) but no more than thirty (30) days in advance, to consider amending the text of the St. Lucie County Zoning Ordinance. 3. The St. Lucie County Local Planning Agency/ Planning and Zoning Commission has determined that the proposed ordinance is consistent with the St. Lucie COunty Comprehensive Plan and has recommended that the Board approve this Ordinance. 4. On Tuesday, Commissioners held after publishing Tribune on May 31, June 19, 1990, the Board of County a public hearing on the proposed amendment notice of that hearing in the Fort Pierce 1990. 5. The proposed ordinance is consistent with the County Comprehensive Plan. St. Lucie NOW, THEREFORE, Commissioners of St. BE IT ORDAINED, by Lucie County, Florida: the Board of County 408 Bold & underline for addition 2 s~ke-~h~ugh for deletion 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AMENDMENT OF APPENDIX A (Zoning Regulations) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES. Appendix A (Zoning Regulations) of the St. Lucie County Code of Ordinances is hereby amended as follows: Part A. Section 1.3.000. GENERAI. PURPOSE AND POLICIES The St. Lucie County Zoning Ordinance is related to, based on, consistent with, and adopted to effectuate and implement the policies of the St. Lucie County Ma~ageme~--Po~cy--P~an Comprehensive Plan pursuant to Section 163. 3201, Florida Statutes, in order to preserve, protect, and improve the public, health, safety, comfort, good order, appearance, convenience, and general welfare; encourage the most appropriate use of land, water, and resources; preserve and enhance the value of land and the character and stability of residential, agricultural, commercial, and industrial areas; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing, and other. services; and to conserve, develop, utilize, and protect the natural resources within the County. Nothing in this ordinance shall deny, restrict or abridge, or otherwise infringe the right of individuals peaceably to assemble in any private residence provided that such activity does not otherwise violate applicable district regulations. )n 1. 4. 000. PURPOSE AND EFFECT OF THE COMPREHENSIVE PLAN 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 The St. Lucie County 8~w~h--Ma~ageme~-- Pe~ ey--- p~ a~ %Cemp~ehe~s~ve--P~a~} Comprehensive Plan is a statement of the Goals, Objectives and Policies- p~e~es to guide and implement future land development decisions within the County. I n additi on, the poll ci es adopted in the Comprehensive Plan are intended to provide and shall serve as a framework for the Board of County Commissioners, the Planning and Zoning Commission, the Board of Adjustment, and the Beve~pme~--S~d~a~ Community Development Director to review and decide applications for amendment to the Official Zoning Atlas, applications for amendment to the text of the Ordinance, applications for Planned Unit Developments, applications for variances, applications for cond/tional use approval, site plans, and any other application required by the Ordinance. Therefore, all Bold & underline for addition 0R 3 s~ke-~h~e~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 actions taken in regard to amendments to the Official Zoning Atlas, amendments to the text of this Ordinance, applications for Planned Unit Developments, applications for variances, applications for conditional use approval, site plans, and any other application pursuant to this Ordinance shall be consistent with the policies and provisions of the Comprehensive Plan. Bold & underline for addition 4 410 for deletion Section 2. 2. 000. DEFINITIONS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 · ~ ~8-)- (28) Community Development See~8~a~e~ Director: The head of the Department of Community Development, who shall be appointed to serve at the pleasure of the Board of County Commissioners. Comprehensive Plan~ St. Lucie County: The St. County 8~ew~h-Ma~a§eme~-Pe~ey Comprehensive adopted January 9, 1990. Lucie Plan= Special Note: Renumber definitions as follows: 28 becomes 29 29 becomes 30 30 becomes 31 31 becomes 32 32 becomes 33 33 becomes 34 34 becomes 35 35 becomes 36 36 becomes 37 37 becomes 38 ~88~--Beve~epmen~-~ee~a~na~e~---The--heaa-e~-ehe-O~ee-e~ ~he-~eve~epmen~--~ee~aa~e~r--whe-eha~-be-a~pe~e~ ~e--ee~ve--a~--~he-p~eae~e-ef-~he--Bea~8--e~--~ea~y (48) Dwelling, Detached Single-Family: An individual dwelling unit located in a building that is not physically connected to any other dwelling unit and that is designed to be occupied by no more than one (1) family, living as a separate household unit. The Board of County Commissioners shall determine that a Class A Mobile Home meets the definition of a detached single-family dwelling unit upon the demonstration by the applicant that the exterior dimensions, the exterior walls, and the roof of the Class A Mobile Home is similar to that of a detached single-family dwelling unit. In determining whether a Class A Mobile Home meets the definitions of detached single-family dwelling unit, the Board of County Commissioners shall consider the exterior dimensions, the exterior finish of the roof and walls, and the skirting of the mobile home. Before a Class A Mobile Home will be defined as a detached single-family dwelling unit, the Board of County Commissioners must determine that: Bold & underline for addition °" 698411 ~00~ ~ke-~h~eu~h for deletion ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (a) M~nimum Width of Main Body The minimum horizontal dimension of the main body of the mobile home as assembled on the site is not less than twenty (20) feet, as measured across the narrowest portion, except that in the Agricultural Residential (AR-1), A§~e~a~--- ~A~r Agricultural - ! (AG- 1 ), Agricultural-2. 5 (AG-2. 5) and Agricultural-5 (AG-5) Zoning Districts, no minimum horizontal dimension shall apply. (b) Minimum Roof Pitch; Minimum Distance~ Eaves Ridge to The pitch of the main roof is not less than one (1) foot of rise for each four (4) feet of horizontal run and the minimum distance from eave to ridge is one-half (1/2) the minimum horizontal dimension. (c) Roofing Materials The roofing material used is similar in texture, col or and appearance to that of detached single- family dwelling units in the same Zoning District in which it is to be located. (d) Exterior Finish; Light Reflection The materials used for the exterior finish' and skirting are similar in texture, color, and materials to detached single-family dwelling units in the same Zoning District in which it is to be located, and are applied in such a manner as to make the Class A Mobile Home similar in appearance with surrounding detached single-family dwelling units. Reflection from the exterior shall' not be greater than from siding coated with clear, white, gloss exterior enamel. Any person desiring to have a Class A Mobile Home defined as a detached single-family dwelling unit by the Board of County Commissioners shall submit an application to the Beve~epme~ .... ~ee~l~-~%a~e~ Community Development Director, accompanied by a non- refundable application fee as established from time to time by the Board of County Commissioners to defray the costs of processing the application. The application shall include the following information: (i) The applicant's name and address. 698 412 [~00~ Bold & underline for addition 6 s~ke-~h~emgh for deletion 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) Legal description, street address, lot number and subdivision name, if any, of the property upon which the Class A Mobile Home is to be located. Statement of ownership. Size of subject property in square feet and acres. Statement describing the type and dimensions of the Class A Mobile Home proposed to be located on the property. Elevations and photographs of all sides of the Class A Mobile Home proposed to be located on the property. A statement describing the exterior dimensions and roof slope of the Class A Mobile Home proposed to be located on the Property. A description of the exterior finish of the Class A Mobile Home, including exterior walls and roof. A description of materials to be used. the ski rtl ng A description of the dimensions the Class A Mobile Home. of Proof that the Class A Mobile Home has met the Mobile Homes Construction and Safety Standards of the U.S. Department of Housing and Ur_ban Development, and the standards of Section 320.823, Florida Statutes. A s i t e pi an drawn to illustrating the propos ed including the following: scale us e and Bold & underline for addition Location of the property by lot number, block number and street address, if any. The location of trees of four (4) inches diameter or greater, other natural features of unique or si gni fi cant character, and proposed landscaping. The location and dimensions of all propos ed 1 ot and yard · °" 698 413 ~oo~ 7 s~r~ke-~h~e~§h for deletion 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 requirements. d. The location of the proposed Class A Mobile Home on the property. (xiii) A schematic design of the Class A Mobile Home showing the roof, skirtings, and other improvements. Within twenty (20) days after an application has been submitted, the Community Development ~~a~e~ Director shall determine whether the application is complete. If the Community Development ~~a%e~ Director determines the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Community Development ~ee~a~e~ Director shall take no further action on the application unless the deficiencies are remedied. When the Community Development Director determines the application is complete, he shall review the application, make a recommendation and notify the Planning and Zoning Commission that the application is. complete. Upon notification of the completed application requesting a determination that a Class A Mobile Home meets the definition of a detached single-family dwelling unit, the Planning and Zoning Commission shall place it on the agenda of a regularly scheduled Commission meeting for a public hearing in accordance with the requirements of Section 5. 1. 100. The public hearing held on the application shall be in accordance with Section 5.1.200. In reviewing and recommending whether the Class A Mobile Home meets the definition of a detached single- family dwelling unit, the Planning and Zoning Commission shall consider the standards in this subsection. Within a reasonable time of the conclusion of the public hearing, the Planning and Zoning Commission shall make a recommendation as to whether the application meets the definition of a detached single- family dwelling unit in the form specified in Section 5.1.200(5). Upon receipt of the recommendation of the Planning and Zoning Commission, the Board of County Commissioners shall place the application requesting a determination that the Class A Mobile Home meets the definition of a detached single family dwelling unit on the agenda of a regularly scheduled meeting of the Board of Bold & underline for addition 8 s~ke-eh~eu~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 County Commissioners for a public hearing in accordance with the requirements of Section 5. 1. 100. The public hearing held on the application shall be in accordance with Section 5. 1. 200. In determining whether the Class A Mobile Home meets the definition of detached single-family dwelling unit, the Board of County Commissioners shall consider the recommendation of the Planning and Zoning Commission and the standards of this subsection. Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall determine whether the Class A Mobile Home meets the definition of a detached single-family dwelling unit in the form specified in Section 5. 1. 200(5). Notification of the Board of County Commissioners' decision shall be mailed to all parties and filed with the 8f~ee--e~--~he Beve~e~me~-~ee~a~e~ Department of Community Development in accordance with Section 5.1.200(6). Bold & underline for addition for deletion ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 57 SECTION 3. 0. 000 LAND USE REGULATIONS Section 3.1.000. ZONING DISTRICTS ESTABLI SHED In order to carry out the goals and policies of Lucie County Comprehensive Plan and the purposes Ordinance, the following zoning districts are created: the St. of this hereby (1) AR-! ,,( ~; R~- 1 (~A) RE-2 (~A) RS-2 (4A) RS-3 (~) RS-4 (6!) RMH-5 Agricultural, Residential - 1 Residential, Estate- 1 Residential, Estate - 2 Residential, Single-Family - 2 Residential, Single-Family- 3. Residential, Single-Family - 4 Residential, Mobile Home 5 (78) RM-5 Residential, Multiple-Family - 5 (9) RM-7 Residential, Multiple-Family 97 (10) RM-9 Residential, Multiple-Family (811)RM-1! Residential, Multiple-Family 11 ~ 9 } - - RM- ~ 8 ...... Res~en~ a~ r -Multiple - ~am~ ~ y- - - ~ 8 ~12) RM-15 Residential, Multiple-Family -15 (~013)CN (~.14)CO (~15)CG (~@16)CT (~41__7)IL (~18)IH (~61_~9)IX (~.20)AG~1 ,(21) AG-2. 5 (22) AG- 23) R/C (~824)U (~25)~ ( 0.26)RVP (~2._Z7)PUD (~2_~8)HIRD (~B29)RF ( 4$0)PNRD Commercial, Neighborhood Commercial, Office Commercial, General Commercial, Tourist Indus t ri al, Light I ndustrial, Heavy Industrial, Extraction Agricultural - 1 Agricultural - 2. 5 A~ricultural - 5 Res i aenti al/Cons ervati on Utilities I ns ti tuti onal Recreational Vehicle Park Planned Unit Development Hutchinson Island Residential District Religious Facility P1 armed Non-Residential Development Bold & underline for addition 10 OR s~ke-~h~e~h for deletion ~ZOZ 0 [-3 Z Z 0 Z Z O~ BOot(OR 698 P'~ ~17 IN.' 0 © Z t~ I 0 0 0 © I ~oo~°~ 898 ~ 4i8 'I' I I I I I I Z Z ~Z ~0 O~ c~ ~ZOZ ? 0 Z Iog~698 ~o~ 4i9 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Section 3.2.700. Signs. Section 3.2.710. Purpose. The purpose of these sign regulations is to establish requirements for the size, character, appearance, location, installation and maintenance of signs in order to promote motorist safety, preserve and protect the visual beauty of the landscape, and promote the general health, welfare and safety of the citizens of St. Lucie County. Section 3.2.720. Permitted Permanent Signs. The following signs or advertising structures of a permanent nature s hall be permitted within the following zoning districts': (1) A~=~ ~u~e~a~ Agricultural-1 (AG-l); Agricultural-2. 5 (AG-2. 5); Agrioultural-5 (AG-5) (a) One (1) non-illuminated nameplate per dwelling unit or structure which shall not exceed one (1) square foot in sign area. (b) One ( 1 ) non-illuminated, on-premises ground sign for the permitted agricultural use identifying the use thereon, not to exceed thirty-two (32) square feet in-area for each five hundred (500) feet or major fraction thereof of street frontage under unified control. The ground sign shall not exceed twelve (12) feet in height. (c) Non-illuminated directional signs which shall not exceed six (6) square feet each in sign area,, may be installed as needed. (d) Off-premises signs not to be spaced less than one thousand five hundred (1,500) feet apart on the same side of the highway. (2) Residential/Conservation (R/C); Agri cultural Residential (AR-l) ~ Residential, Estate- (RE-l); Residential, Estate-2 (RE-2)~ Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3)~ Residential, Single-Family-4 (RS-4) (a) One (1) non-illuminated nameplate per Bol~ & underline for addition 14 se~ke-ehmeu~h for deletion 698 420 BOOK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (b) (c) (d) dwelling unit which shall not exceed one (1) square foot in sign area. Non-illuminated directional signs which shall not exceed six (6) square feet in each sign area may be installed as needed. One ( 1 ) non-illuminated, on-premises ground sign for the permitted agricultural use identifying the use thereon, not to exceed thirty-two (32) square feet in area for each five hundred (500) feet or major fraction thereof of street frontage under unified control. The ground sign shall not exceed twelve (12) feet in height. One (1) wall or ground sign identifying the name and address of a permitted principal building or address of a permitted subdivision or development which shall not exceed eighteen (18) square feet in sign area. Ground signs shall not exceed six (6) feet in height. (3) Res i denti al, Res i denti al, Residential, Res i denti al, Res i denti al, Res i denti al, Res~ea~a~r .... Planned Unit Vehi c 1 e Mobile Home-5 (RMH-5); Multiple-Family-5 (RM- 5) ~ Multiple-Family-7 (RM- 7); Multiple-Family-9 (RM- 9); Multiple-Family- 11 ( RM- 11 ); Multiple-Family- 15 (RM- 15 ); Mu~p~e-Fam~y-~ $ ..... ~RM-~8~r Development (PUD) ~ Recreational Park (RVP) Hutchinson Island Residential District (HI RD) (a) One (1) nameplate per individual dwelling unit shall not exceed one (1) square foot (b) in sign area. One (1) wall or ground sign identifying the name and address of a permitted principal bui 1 ding, s ubdi vi s i on, development, or use which shall not exceed eighteen (18) square feet in sign area. Ground signs shall not exceed six (6) feet in height. (c) Directional signs, which shall not exceed six (6) square feet in sign area, may be installed as needed. Section 3.2.730. Authorized Temporary Signs. 698 421 BOOK Bold & underline for addition 15 s~ke-eh~eugh for deletion 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 The following types and sizes of signs or advertising structures shall be authorized on a temporary basis, subject to the following provisions: (:].) Real Estate Signs Not Requiring Permits: (a) Shall be limited to one (1) sign per parcel, establishment, dwelling unit, or per every five (5) acres or fraction thereof providing no more than one (1) sign per three hundred (300) feet of frontage shall be allowed on any one (1) parcel of property regardless of total acreage. (b) Shall not exceed the following maximum s i gn areas i n square feet by z oni ng district and parcel size: Dis tri ct Parcel Size One (1) acre or less Greater than one (1) acre Res idential/Conservation (R/C) 6 16 Agricultural, Residential (AR-l) 6 16 Residential, Estate-1 (RE-l) 6 16 Residential, Estate-2 (RE-2) 6 16 Residential, Single-Family-2 (RS-2) 6 16 Residential, Single-Family-3 ('RS-3) 6 16 Residential, Single-Family-4 (RS-4) 6 16 Residential, Mobile Home-5 (RMH-5) 16 16 Residential, Multiple-Family-5 (RM-5) 16 16 Residential, Multiple-Family-7 (RM-7) 16 16 Residential, Multiple-Family-9 (RM-9) 16 16 Residential, Multiple-Family-il (RM-11') 16 16 Residential, Multiple Family-15 (RM-15) 16 16 Res~e~a~r-M~3~e~p~e-Fam~y-~8-%RM-38} .... 36 Commercial, Neighborhood (CN) Commercial, Office (CO) Commercial, General (CG) Commercial, Tourist (CT) Industrial, Light (IL) Industrial, Heavy (IH) Industrial, Extraction (IX) 16 16 16 16 32 32 16 16 32 32 32 32 32 32 Agricultura!-I (AG-1) Agricultural-2. 5 (AG-2. 5) Agricultural-5 (AG-5) :Utilities (U) Institutional (I) 6 ...... ~ 6 32 6 32 6 32 6 32 6 32 District Parcel Size 698 422 Bold & underline for addition 16 s-~ke-~h~eu~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 One (1) acre or less Greater than one (1) acre Recreational Vehicle Park (RVP) Planned Unit Development (PUD) Hutchinson Island Residential District (HIRD) Religious Facilities (RF) Planned Nonresidential Development (PNRD) 6 16 6 16 6 16 6 16 6 32 (c) Shall be removed within ten (10) days after the real estate transaction is completed. (d) Shall not be illuminated. (2) Construction Pro)ect Signs Requiring Permits: (a) Shall not exceed the following maximum sign areas by Zoning District: District Square Feet Residential/Cons ervation (R/C) Agricultural, Residential (AR-l) Residential, Estate-1 (RE-l) Residential, Estate-2 (RE-2) Residential, Single-Family-2 (RS-2) Residential, Single-Family-3 (RS-3) Residential, Single-Family-4 (RS-4) Residential, Mobile Home-5 (RMH-5) Residential, Multiple-Family-5 (RM-5) Residential, Multiple-Family-7 (RM-7) Residential, Multiple-Family-9 (RM-9) Residential, Multiple-Family-11 (RM-11) Residential, Multiple Family-15 (RM-15) Res~e~ a~ r - M~-% ~ e -P am~y- ~ 8 - ~RM- ~ 8 ~ Commercial, Neighborhood (CN) Commercial, Office (CO) Commercial, General (CG) Commercial, Tourist (CT) Industrial, Light (IL) Industrial, Heavy (IH) Industrial, Extraction (IX) A~ e~a~:~a]:- ~AS~ Agricultura!-I (AG-l) Agricultural-2. 5 (AG-2.) Agricultural-5 (AG-5) 12 12 12 12 12 12 32 32 32 32 32 32 32 32 64 32 64 64 64 --64' 64 64 64 Dis tri ct Sguare Feet 698 423 I~OOK Bold & underline for addition 17 se~ke-eh~eu~h for deletion 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Utilities (U) 64 Institutional (I) 32 Recreational Vehicle Park (RVP) 32 Planned Unit Development (PUD) 32 Hutchinson Island Residential District (HIRD) 32 Religious Facilities (RF) 12 Planned Nonresidential Development (PNRD) 32 (b) May contain the name of the project, the contractor, the subcontractor, the architect, the developer, the supplier, or the financial institution, and a description of the project. (c) Shall be removed prior to the issuance of a certificate of occupancy. (d) Shall not be illuminated. (e) Shall be adequately constructed and securely anchored in accordance with the Standard Building Code. (SPECIAL NOTE: No further changes necessary to this Section) Section 3.2.800. Temporary Uses and Structures. (1) Authorization Temporary uses are permitted in any zoning district subject to the standards hereinafter established, provided that all temporary uses shall meet the dimensional and parking requirements for the zoning district in which the use is located. (2) . Particular Temporary'Uses .Permitted Permitted temporary uses include: (a) Garage sales, provided that no more than two (2) sales of three (3) days each are conducted at any site during any one (1) calendar year. (b) Bold & underline for addition Indoor and outdoor art and cra ft s bows, bazaars, carnivals, revivals, circuses, sports events, and exhibits in the Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-5 (RM-5); Residential, Multiple-Family-7 (RM-7); Res i denti al, Mul tipl e-Fami 1 y- 9 ( RM- 9 ); Residential, Multiple-Family- 11 ( RM- 11 ); Residential, Multiple-Family- 15 (RM-15); 18 ~'~ke-~eh~e~jh for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Res~e~ a~ r .... Mu~e~p~ e - Fam~ ~y- ~ 8 ...... ~ RM- } 8 } r Commerci al, Neighborhood (CN); Commerci al, General (CG); Industrial, Light (IL); A~e~u~a~--- ~A~r Agricultural- 1 (AG- 1 ); Agricultural-2. 5 (AG-2. 5); Agricultural-5 (AG- 5); Institutional (I); and Recreational Vehicle Park ( R~ ) Dis tri cts, provided that no more than two (2) events of seven (7) days each are conducted on the same property during any calendar year. (c) (d) Chris tmas tree s ales in the Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial, Light (I L); A§r~eu~u~a~-~A6}t Agricultural- 1 (AG- 1 ); Agricultural-2. 5 (AG-2. 5); Agricultural-5 (AG- 5); and Institutional (I) Districts, provided that such use shall not exceed sixty (60) days. Construction offices, which may be used for security purposes, and equipment and equipment sheds in any zoning district in which erection, addition, relocation or structural relocation is taking place provided that such use shall be limited to the period of actual construction and no more than one (1) security employee lives in the construction or sales office for a period not to exceed the period of actual cons tructi on. (e) Mobile Homes: (i) Mobile homes may be used as construction or sales offices in any district in which erection, addition, relocation, or structural relocation is taking place provided: ac Such use shall be limited to. the period of actual construction; b. Tie down permits shall be obtained; Co All such mobile homes comply with any applicable regulations; and, (ii) Bold & underline for addition d. The mobile, home in which the security employee (s) live shall not remain after the. period of actual cons tructi on. Mobile homes as temporary shelter incidental to construction of a residence in all residential zoning districts, AR-1 AG-l, AG-2. 5 and AG-5. a~-A~ Prior to' occupancy of such mobile home, permits for the principal residence shall be required. 425 19 s~ke-~h~u~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Occupancy of the mobile home shall be restricted to that period of time during which construction is taking place in accordance with a valid building permit. In no case shall occupancy exceed one (1) year, regardless of state of construction, with one (1) six (6) month extension. The extension shall be subject to the approval of the Board of' County Commissioners. (f) Use of Recreational Vehicles as Temporary Shelter When fire or natural disaster has rendered a single- family residence unfit for human habitation, the temporary use of a recreational vehicle located on the single-family lot during rehabilitation of the original residence or construction of a new residence may be permitted subject to the following regulations: a. Required water and sanitary facilities must be provided. The maximum length of the use shall be six (6) months, but the director may extend the permit for a period or periods not to exceed sixty (60) days in the event of circumstances beyond the control of the owner. Application for an extension shall be made at least fifteen (15) days prior to expiration of the original permit. Religious facilities in existing structures in CG ( Commerci al, General ) z oni ng dis tri cts. 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 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. Section 3.2. 902 Nonconformities (4) Nonconforming Lots of Record Lots of Record Created' Prior to July 1, 1984: Bold & underline for addition 426 20 s~ke-~h~eugh for deletion 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record existing before July 1, 1984, notwiths rand/ng limitations imposed by other provisions of this Ordinance. Such 1 ct must be in separate ownership and not contiguous to other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, or width, 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 area, or width, or frontage of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and requirements other than those applying to area, width, and frontage shall be obtained only through action of the Board of Adjustment. I f however, the lot has no frontage as defined in Section 2. 2. 000, then proof of recorded legal ingress and egress acceptable to the County Attorney must be furnished before a building permit will be issued except for nonresidential accessory structures in AR-1 a~-AG AG-I~ AG-2. 5 AND AG-5 zoning districts. If two (2) or more lots or combinations of. lots and portions of lots which are contiguous to other lots in single ownership are of record on 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. Lots of Record Created Between July 1, 1984 and January 9, 1990: In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record created in accordance with the requirements of the St. Lucie County Zoning Ordinance between July 1, 1984, and January 9, 1990, notwithstanding limitations imposed by other provisions of this Ordinance. Bold & underline for addition 21 se~ke-eh~eu§h for deletion 4Z7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Section 3.3.000 ZONING DISTRICT PURPOSES AND USE REGULATIONS Section 3. 3. 100 Zoning Districts and Uses Section 3.3.101 AR-1 Agri cultural t Res i denti al - 1 (1) Purpose The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. (No further changes to this section) Section 3. 3. 102 RE-1 Residential, Estate- 1 ( ! ) Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum gross density of one (!) dwelling unit per acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. (2) Permitted Uses (a) Docks and boat houses (private). (b) Family day care homes. (c) Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the s pons oring agency or Department of Health an_~ Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. Highway and street rights-of-way. Historic and monument sites. Home Occupations sub~ eot to the requirements of Section 3. 2. 901. Horses: provided that; (i) The property is at least two acres. 698 428 BO01( Bold & underline for addition 22 se~ke-eh~eu~h for deletion ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (4) (6) (ii) (iii NO more than two (2) horses ~ept. are The horses are to be for the (iv) private and personal use of resident and his family. the The horses are to be stabled at (J) least one hundred fifty (150) feet from any residence under separate ownership and three hundred (300) feet from the edge of the right-of-way of any street. Parks. Playgrounds and athletic areas. Sinqle-family detached dwellings. Swimming beaches. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 3.2.400. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 3.2.400. Offstreet Parking Requirements Offstreet parking requirements in accordance with Section 3.2.500. shall be Conditional Uses Electricity regulating substations. Electric transmission rights-of-way. Family residential homes located within a radius of one thousand (1,00'0) feet another such family residential home. (d) Gas pipeline rights-of-way. (e) Gas pressure control stations. (~f) Horticultural services. (hg) Irrigation distribution channels. (~h) Pipeline rights-of-way and control stations. (~i) Protective functions and of ]ores s ute their related activities. (~j) Railroad rights-of-way. (~k) Rapid rail transit and street railway rights-of-way. Veterinarian services. Bold & underline for addition '23 s.~ke-~h~Hgh for deletion °" 698 429 E, OOK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (7) Accessory Uses Drainage rights-of-way. Guest house: One (1) guest house per Single-family dwellinq, provided that upon receiving a building permit for this use the property owner sign a notarized statement to the effect that under no circumstances shall the guest house used for rental purposes, seasonal annual. (c) Sewaqe pressure control stations. Swimminq pools. (e) Water piDeline rights-of-way. (f) Water pressure control stations. (g) Water storage. (h) Water treatment plants (purification). be or Section 3.3.1023 RE-2 Residential~ Estate-2 ( 1 ) Put!ocs e The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum gross density of two (2) dwelling units per acre, together with such other uses as may be necessary for and compatible with low density residential s urroundi ngs. (No further changes to this section) Section 3. 3. 10~4 RS-2 Residential~ Single-Family-2 (1) Purpose The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of two (2) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential s urroundi ngs. (No further changes to this section) Bold & underline for addition 24 ~001( for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Section 3.3.1045 ( 1 ) Purpose RS-3 Residential, Sin.gl e-Famil ~- 3 The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of three (3) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential s urroundi ngs. (No further changes to this section) Section 3.3.1056 (1) Purpose RS-4 Residential, Single-Family-4 The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential s urroundi ngs. (No further changes to this section) Section 3. 3. 1067 RMH-5 Residential, Mobile Home-5 (1) Purpose The purpose of this district is to provide for the permanent location of mobile homes for residential purposes, together with such other non-residential uses as may be necessary for and compatible with mobile homes. (No further changes to this section) Section 3. 3. 1078 RM-5 Residential, Multiple-Family-5 ( 1 ) Purpose The purpose of this district is to provide and protect an environment suitable for single- family, two-family, three-family, and multiple- Bold & underline for addition 698 431 I~00~( 25 ' s~ke-~h~ough for deletion 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 family dwellings at a maximum density of five (5) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential surroundings. (No further changes to this section) Section 3.3.109 RM-7 Purpose Residential, Multipl e-Family- 7 The purpose of this district is to provide and protect an environment suitable for single-family, two-family, three-family, and multiple-family dwellings at a maximu~ density of seven (7) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential s urroundi ngs. (2) Permitted Uses Community residential homes subject to the provisions of Section 3.2.912 of this Ordinance. (b) Docks and boat houses (private). (c) Family day care homes. (d) Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS.. (e) Highway and street rights-of-way. (f) Historic and monument sites. (g) Home Occupations subject to the requireme~ts of Section 3. 2. 90'1. (h) Multiple-family dwellings (4 or more units) (i) Parks. (J) Playgrounds and athletic areas. (k) Single-family detached dwellings. (1) Swimming beaches. (m) Two- and three-family dwellings. BOOK Bold & underline for addition 26 se~ke-eh~eu~h for deletion ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (6) (7) (8) Lot Size Requirements Lot size requirements shall be in accordance with Table i in Section 3.2.400. Lot size requirements for detached stnqle-family dwellinq units shall be in accordance with the RS-4 District Requirements of Table 1. Dimensional Requl ati one Dimensional requirements shall be in accordance with Table 1 in Section 3. 2. 400. Dimensional requirements for detached single-family dwellinq units shall be in accordance with the RS-4 District Requirements of Table 1. Offstreet Parkinq Requirements Offstreet parkinq requirements in accordance with Section 3.2.500. shall be Landscaping Requirements Landscaping requirements shall be in' accordance with Section 3.2. 600. Conditional Uses (a) Electricity regulating substations. (b) Electric transmission rights-of-way. (c) Family residential homes located within a (~) (h) radius of one thousand (1,000) feet another such family residential home. Gas pipeline rights-of-way. Gas pressure control stations. Irrigation distribution channels. PiDeline ri~hts-of-way and control stations. Protective functions and their of pres S ute tel ated activities. (i) Railroad rights-of-way. (J) Rapid rail transit and street railway rights-of-way. Accessory Uses (a) Drainage rights-of-way. (b) Sewage pressure control stations. (c) Sewage treatment plants. (d) Swimming pools. (e) Water pipeline rights-of-way. (f) Water pressure control stations. (g) Water storage. (h) Water treatment plants (purification)i Bold & underline for addition o ,§g8 433 27 s~ke-~h~eu~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Section 3.3.110 RM-9 Residential, Multiple-Fami!y-9 (1) Purpose The purpose of this district is to provide and protect an environment suitable for single-family, two-family, three-family, and multiple-family dwellinqs at a maximum density of nine (9) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential surroundings. (2) Permitted Uses Community residential homes subject to the provisions of Section 3.2.912 of this (b) (c) Ordinance. Docks and boat houses (private). Family day care homes. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (e) Highway and street rights-of-way. (f) Historic and monument sites. (g) Home Occupations sub~ect to the requirements of Section 3.2. 901. (h) Multiple-family dwellings (4 or more units) (i) Parks. (j) Playgrounds and athletic areas. (k) Single-family detached dwellings. (1) Swimming beaches. (m) Two- and three-family dwellings. (3) Lot Size Requirements Lot size requirements shall be in accordance with Table 1'in Section 3.2.400. Lot size requirements for detached single-family dwelling units shall be in accordance with the RS-4 District Requirements of Table 1. (4) Dimensional Regulations Dimensional requirements shall be accordance with Table i in Section 3. 2. 400. Dimensional requirements for detached sinqle-family dwelling units shall Bold & underline for addition 28 s~m~ke-eh~H~h for deletion o, 698 434 BOOK 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 be in accordance with the RS-4 District (7) Requirements of Table 1. Offstreet Parking Requirements Offstreet parking requirements in accordance with Section 3.2.500. shall be Landscaping Requirements Landscaping requirements shall accordance with Section 3.2.600. be in Conditional Uses Electricity regulating substations. Electric transmission rights-of-way. Family residential homes located within a radius of one thousand (1,000) feet another such family residential home. (d) Gas pipeline rights-of-way. (e) Gas pressure control stations. (f) Irrigation distribution channels. Pipeline rights-of-way and control stations. (h) Protective functions and their of pressure related (8) activities. (i) Railroad rights-of-way. (J) Rapid rail transit and street rights-of-way. railway Accessory Uses (a) Drainage rights-of-way. (b) Sewage pressure control stations. (c) Sewage treatment plants. (d) Swimming pools. (e) Water pipeline rights-of-way. (f) Water pressure control stations. Water storage. (h) Water treatment plants (purification). Bold & underline for addition 29 for deletion Section 3.3.18811 RM-11 Residential, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (1) Purpose Multiple-Family- 11 The purpose of this district is to provide and protect an environment suitable for single- family, two family, three family, and multiple- family dwellings at a maximum density of eleven (11) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with medium density residential s urroundi ngs. (No further changes to this section) Section 3.3.112 RM-15 Residential, Multiple-Family-15. (1) Purpose The purpose of this district is to provide and protect an environment suitable for single-family, two family, three family, and multiple-family dwellings at a maximum density of fifteen (15) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with hiqh density residential surroundings. Permitted Uses (a) Community residential homes subject to the provisions of Section 3.2. 912 of this Ordinance. (b) Docks and boat houses (private). (c) Family day care homes. (d) Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. %e~--G~e~p--ea~e-hemee-~he~e~q-~we~ve-~--e~ ~ewe~--~e~eeae .... ~ee~a~e~ ~¥ .... a~e~ea .... e~--ma~a~er-~m--a~ea--~e eea~-~eeeeaae~}~ (~e) Highway and street rights-of-way. (~f) Historic and monument sites. Bold & underline for addition 30 se~ke-~h~eH~h for deletion _ 698 436 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (3) (4) (6) (7) (~=h) iii ) (kj) (mi) (e~n) Home Occupations subJ eot requirements of Section 3. 2. 901. to Multiple-family dwellings (Four (4) more units ) Parks. Playgrounds and athletic areas. Rooming. and boarding houses. Single-family detached dwellings. Swimming beaches. ~wo- and three-family dwellings. the or Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 3. 2. 400. Lot size requirements for detached single-family dwelling units shall be in accordance with the RS-4 District Requirements of Table 1. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 3.2. 400. Dimensional requirements for detached single family dwelling units shall be in accordance with the RS-4 District Requirements of Table 1. Offstreet Parking Requirements Offstreet parking requirements in accordance with Section 3.2.500. Shall be Landscaping Requirements Landscaping requirements shall be in accordance with Section 3.2.600. Conditional Uses (a) Electricity regulating substations. (b) Electric transmission rights-of-way. (c) Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (d) Gas pipeline rights-of-way. (e) Gas pressure control stations. (f) Irrigation distribution channels. (g) Pipeline rights-of-way and pressure control stations. (h) Protective functions and their related activities. (i) Railroad rights-of-way. (J) Rapid rail transit and street railway ri ght s - o f-way. Bold & underline for addition 31 se~ke-eh~eagh for deletion BOOK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Accessory Uses (e) Drainage ri ghts -of-way. Sewage pressure control stations. Sewage treatment plants. Swimming pools. Water pipeline rights-of-way. Water pressure control stations. Water storage. Water treatment plants (purification). Bold & underline for addition 32 s~ke-~h~Gu~h for deletion 438 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ~he--p~mpese--ef--~h~s-~s~m~e~-~e--~e--p~ev~e a~--p~e~ee~---aB--e~v~e~me~---s~ab~e---fe~ ~we-fam~yr-~h~ee-fam~}y--am~---ma~p~e-fam~y ~we~m~s---a~--a-ma~m~m--~ems~y-ef--e~h~eem ~8~--~we~§-~s-pe~-~ess-ae~er---~ege~he~ w~h--s~eh-o~he~-~ses-as-may-be-meeemsa~y---~o~ am~ ..... eempa~b~e .... w~h ..... h~h ..... ~ems~y ~es~em~a~-s~e~m~m~s~ ~a)--Beeks-am~-beat-heases-~p~va~e)~ ~b)--Fam~y-~ay-ea~e-hemes~ ~e~--Fes~e~-h~mes~ ~a~--~e~p--ea~e-hemes-~he~s~§-~we~ve-~--e~ ~ewem--pe~seBs .... ~e~a~e~---by .... b~ee~r a~ep~e~ .... e~--ma~a~er-~n--a~e~--~e ~e~--~hway-aaa-se~eee-~hes-ef-way~ ~§~--Heme .... 8eeapa~e~s---s~b~eee .... ~e .... ~he ~h~--M~p~e-fam~y--awe~B~s--~Fe~-~4~---e~ ~--Pa~ksn ~k~--Reem~a~-aaa-bea~a~a~-he~see~ Aee--s~ze-~eqa~emea~s-eha~-be-~a---aeee~aa~ee w~h-~ab~e-~-~B-See~e~-~nR~488~ ~4~---B~meas~eaa~-Re~a~a~eas B~meas~e~a~-~equ~emen~s-eha~-be-~a-aeee~aBee ~---Sffs~ee~-Pa~k~-Rega~eme~s 9ffs~ee~---pa~k~m§---~e~a~emea~e---eha~---be ~a-aeee~amee-w~h-See~e~-~699~ ~aa~sea~ag-~eqa~2emea~e-sha~-be-~a-aeee~aaee ~,,~h-See~en-~2~699~ Bold & underline for addition 33 s~ke-~h~ea~h for deletion °" 439 oo, 698 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ~a~--~ea~e~a~e---ea~e---~ae~y---~eu~---~4~ ~e~--E~eee~e-~ansm~ee~ea-~h~e-ef-way~ ~f~--8~oup-ea~e-homes-+ho~s~g-~h~ee~-+~-o~ aaepe~oa .... o~--ma~a~er-~a--a&~on--~o eea~re~-s~a~eas= ~--Ra~ea&-~§~s-e~-way~ ~k~--Ra~&--~a~--~aas~--aa&--e~ee~--~a~way +8+---Aeeesse~y-~ses +b+--Sewa§e-p~essa~e-eea~e~-sea~eas= ~e~--$ewa~e-~ea~mea~-p~a~e~ +~+--Wa~e~-p~ess~e-eem~e~-e~a~ems= +g+--Wa~er-s~e~ager Bold & underline for addition 34 s~r~ke-~h~e~§h for deletion 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Section 3.3.1183 CN Commercial, Neighborhood (1) Purpose The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. (No further changes to this section) Section 3.3.1134 CO Commercial ~ Office (1) Purpose The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. (No further changes to this section) Section 3.3.1125 CG Commercial~ 'General' (1) Purpose The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with .such other uses as may be necessary to and compatible with general commercial surroundings. (No further changes to this section) Bold & underline for addition 35 ~00~ s~ke-~h~eu§h for deletion Section 3. 3. 1156 CT Commercial~ Tourist 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ( 1 ) Purpose The purpose of this district is to provide and protect an environment su/table for touris ts, vacationers and others seeking trans ient ac c ommodati ons, rec reati on or commercial entertainment, together with such other uses as may be necessary to and c ompati bl e wi th touri s t commerci al s urroundi ngs. (No further changes to this section) Section 3.3.1147 I L Indus tri al, Li 9bt ( 1 ) Purpose The purpose of this district is to provide and protect an environment suitable for light manuf acturi ng, whol es al e, and warehous ing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with light indus tri al surroundings. (No further changes to this section) Section 3.3.1158 I H Indus trial, Heavy ( 1 ) Purpose The purpose of this district is to provide an environment suitable for heavy manufacturing and other activities that may impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area together with such other nonresidential uses as may be necessary to and compatible with heavy industrial surroundings. (No further changes to this section) Bold & underline for addition 36 o, 442 ~ke-~h~eagh for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Bold Section 3. 3. 1169 IX Industrial~ Extraction ( ! ) Purpose The purpose of this district is to provide and protect an environment suitable for the extraction of natural resources from the ground, together with such other uses as may be necessary to and compatible with industrial extraction surroundings. (No further changes to this section) ~---Pmz~l~ese ~he--pu~pese--ef--~h~s-a~se~ee-~s--ee--p~ev~ae a~--P~e~ee~---a~--e~w~e~mene---su~ab~e---~e~ ~e~ue~ve--eemme~e~a~--a~eu~u~er---~e~e~he~ w~eh---smeh--e~he~-uees--as--may--be--~eeessa~M ~e .... a~ ..... eempa~b~e ..... w~h .... ~---Pe~m~e~-gses ~a~--Ag~ea~er---~e~u~-~ng--fa~msr---~evesr a~-~amehes~ ~b~--A~ma~ h~sba~a~y-- se~v~eesr ~e~--Beek-aaa-bea~-he~ses-~p~va~e~ ~e~--Pam~y-aay-ea~e-h~mes~ ~--P~she~y-semv~ees~ ~h~--H~§hway-aaa-s~ee~-~h~s-e~-way~ ~--Heme .... 8eempa~s---s,b~ee~ .... ~--'-~he ~k~--He~ea~a~a~-se~v~ee~ ~--Me~em~a~a~ ..... spee~a~es .... whe~esa~e-a~-~e~a~-~m~e~ee~ ~m~--~§a~e~-~s~b~e~-eha~e~s~ ~B~--Ke~e~s~ ~e~--R~-s~ab~es~. +~+-- - AeC- S~ ~. e- Rega~reme~s Ae~- -s~ze--~e~emeaee-eha~-be-~a--ae ee~aaee' 698 443 underline for addition 37 se~ke-~h~eu~h for deletion ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ~4~---D~mens~ena~-Re~u~a~ens D~mens~eBa~-~equ~eme~s-sha~-be-~-aeee~aBee ~he---~e~ew~§--ases-sha~-~eq~e--s~ee__p~a~ aPP~eva~--~-~he-D~ePese~-~se--we~--e~he~w~se ~eqa~e--~he--same-~--aeee~a~ee--w~h_$ee~e~. °' 698 444 600K Bold & underline for addition 38 s~ke-~h~ea~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ~}---Measc ..... aaa---beysc ..... e~e~h~a~ ~---Weme~s~-~eaay-ee-wea~r ~w~--Rese~s~ ~--8ewage-B~spesa~ Sewage a~spesa~ aaa sewage ~he---~e~ew~a§-e~e~a-a~e-me~ ~---A---m~P~%m.m--e~--~e~--~8~--ae~es sha~ .... be--~e~ea---~e~---a~ ~---Ne--s~e~er--~ea~me~-s~e~a~e a~ea-e~-~ea~me~-~ae~y--sha~ be-~eea~ea-w~h~-~8-~ee~-ef--a~y ~---A~ .... areas .... sha~---be-~e~ee~-e~-wa~ea~ .... A ~ea~me~-fae~yr--~h~s--baf~e~ sha~--eea~a~-a~-~ease-eae--~ee Aa-e~he-~8~-~eee-h~h-~a~a~eapea be~mr---hea~e--e~--~ew--e~-sh~bs sha~---be-p~e~e~--a~eaa~---~he pe~meee~ .... hea~es--mas~---eemp~y--w~h---~he ~---A~-e~M-a~-ex~-pe~n~s-m~s~-be epa~e---ma~e~a~---B~eepe---fe~ b~s~ess--epe~a~e~---hea~sr--a~ ~a~es-a~e-~e-be-kep~--e~esea--a~ ~eekea~ ~---A--s~'e--p~aB--ef-~h~s---~ae~y m~s~ ....... aeeempaBy .......... ~he ~ .... eemp~a~ee ..... w~eh ..... ~he ~y~--S~eekya~asr ~z~--~e~ephe~e-~e~ay-~ewe~s-~e~ewave~r ~e~ay-~ewe~sr ~&~---Aeeesse~¥-gses ~a~--Meb~e-hemesr Bold & underline for addition 39 s~ke-~hreugh for deletion 698 ~00~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 wh~eh-~he--m~b~e-heme-sha~ be--~eea~e~-~s-e~ass~f~e~-as pU~l~ese~-ef-a~--va~e~em--~a~ assessme~ ~b~-~e~a~ ~--~he .... ewae~--ef--~he---~am~ sha~ .... be--~he--ewBe~---em ~essee-ef-~he-meb~e-heme~ ~--~he---meb~e-heme--sha~--be P~aee~--em--a~---~eas~--~e ~§~--ae~es--e~-~aaa~ ~--~he .... ~e~m~y .... BeMe~epmem~ ~ee~ma~e~-sha~--~e~e~m~e ~ha~--~he-meb~e-heme-~s--aa See~ea-~nS99-e~-~h~s-~e~e~ ~M~--S~eh-~se-sha~-be--aeeesse~y ~e--D~e~ue~Me--a~e~a~a~ e~-~Me-~6~-ae~esn ~b~--Me~e~-Meh~e~e-Da~k~a§~ ~e~--Me~e~-Meh~e~e-~epa~-se~M~ees~ ~--Me~e~-Meh~e~e-Wash-se~M~ees~ ~e~--Re~a~-~a~e-aa~-whe~esa~e-~a~er ~---F~e~ses~ ~M~---F~u~s--aa~--Me~e~ab~es~ ~M~---Mea~s~ ~h~--$ewa~e-~ea~mem~-p~aa~s~ ~--Wa~e~-p~pe~ne-~hes-e~-way~ ~k~--Wa~e~-p~essa~e-een~e~-s~a~eas~ ~--Wa~e~-s~e~a~e~ Bold & underline for addition 40 for deletion 446 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Section 3.3.120 AG-1 Agricultural-1 The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive aqricultural surroundings. Residential densities are restricted to a (2) maximum of one (1) dwelling unit acre. per gross Permitted Uses (a) (h) (J) (k) A_~ri culture, including farms, groves, and randhes. Animal husbandry services, includinq including veterinarian and animal hospital s ervi cee. Dock and boat houses (private). Drainaqe ri ghts -of-way. Family day care homes. Fishery services. Forestry activities and related services. Highway and street riqhts-of-way. Historic and monument sites. Home occupations subJect to the requirements of Section 3.2.901. Horticultural services. Horticultural specialties wholesale and retail nurseries. (m) Irrigation distribution channels. including (n) Kennels. (o) Riding stables. (p) Single-family detached dwel!inqs. (q) Swimming beaches. (6) Lot Size Requirements Lot size requirements shall be in accordance. with Table 1 in Section 3. 2. 400. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 3. 2. 400. Offstreet Parking and Loading Requirements' Offstreet parking and loadinq requirements are subject to Section 3. 2. 500. Conditional Uses Bold & underline for addition 41 for deletion 698 447 ~00~ ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 The following uses shall require site plan approval if the proposed use would otherwise require the same in accordance with Section 5.1.300. (a) (b) Agricultural labor housing. Agricultural processing. Aircraft storaqe and equipment maintenance. ( d ) Airport s and fl yi ng, 1 andi ng, and takeoff fields. (e) Electricity regulating substations. (f) Electric transmission rights-of-way. (g) Farm products warehousing and storage. (h) Food lockers (with or without food DreDaration facilities ). (i) Gas pipeline rights-of-way. (J) Gas pressure control stations. (k) Gasoline service stations. (1) Industrial wasteWater disDosal. (m) Logging camps and lo_w~ing contractors. ( n ) Manufacturing: (i) Cannin~ and preserving o5 fruits, vegetables, and seafoods. .(ii ) Dairy Droducts. (iii) Grain mill products. (iv) Meat products. (v) Sugar. (o) Mining activities and related services. ( D ) Pipeli ne ri ~hts -of -way and pres s ute control stations. (q) Protective functions ~and their related activities. (r) Radio transmitting stations and towers. (s) Railroad rights-of-way (excluding switching and marshaling yards). (t) Rapid rail transit and street railway ri ghts - o f-way. (u) Refrigerated warehousing. (v) Retail trade: ,(ii) (iii) Res offs. Sewage Disposal: Sewage dis pos al and Automotive, marine craft, aircraft, and accessories. Mens' and boys' cl Othi ng and furnishings. Womens' ready-to-wear.. sewage. treatment facilities, provided that the following criteria are met: (i) A minimum of ten (10) shall be required for all acres (ii) treatment facility sites. No structure, treatment storage area or treatment facility shall Bold & underline for addition 42 for deletion 0R 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ,,(z) (aa) (iiil be located within 50 feet of any required base property line or building line. Ail areas of development shall be fenced or walled. A minimum 20 foot wide landscape barrier shall be provided around the perimeter of the treatment facility. This buffer shall contain at least one tree for (iv) every 30 linear feet around the perimeter of the facility. An eight (8) foot high landscaped berm, hedqe or row of shrubs shall be provided around the perimeter. Trees, shrubs an~ hedges must comply with the requirements of Section 3.2.630. All entry and exit points must be gate controlled. All gates must be constructed with an opaque material. Except for business operation hours, all gates are to be kept closed and locked. A site plan of this facility must accompany the application for Conditional Use. The require~ site plan must be in compliance with the requirements of Section 5. 1. 300. Stockyards. Telephone relay towers (microwave). Television transmitting stations relay towers. (7) Accessory Uses Mobile homes. (i) Subject to the following conditions: (a) Additional Information Require- merits: Proof that the land upon which the mobile home shall be located is classified as agri cul rural 1 and f or DurDoses of ad .valorem tax assessment. (b) Criteria: Bold & underline for addition 43 s~ike-~h~eu~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ,(f) (J) The owner of the land shall be the owner or lessee of the mobile home. (ii) The mobile home shall be placed on at least five acres of land. (iii) The Community Development Director shall determin~ that the mobile home is an accessory use, Dursuant to Section 3.2.300 of this Code. (iv) Such use shall be accessory to productive agricultural operations, having a minimum of five (5) acres. Motor vehicle parking. Motor vehicle repair services. Motor vehicle wash services. Retail trade and wholesale trade: (i) Dairy products. (ii) Eggs and poultry. (iii) Florists. (iv) Fruits' and vegetables. (v) Meats. Sewage pressure cOntrol stations. Sewage sludge dr¥in~ beds. Sewage treatment pl-~ts. Swimming pools. Water pipeline rights-of-way. Water pressure control stations. Water storage. Water treatment plants (purification). Bold & underline for addition 698 450 44 s~ke-~hr~h for deletion Section 3. 3. 121 AG-2. 5 Agricultural-2. 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ( ! ) Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agri cultural s urroundings. Residential densities are restricted to a maximum of one dwelling unit per two and one half (2.5) acres. gross Permitted Uses (a) (h) (m) (D) Agriculture, including farms, groves, and ranches. Animal husbandry services, including veterinarian and animal hospital services. Dock and boat houses (private). Drainage rights-of-way. Family day care homes. Fishery services. Forestry activities and related services. Highway and street rights-of-way. Historic and monument sites. Home occupations subject to the require- ments of Section 3.2. 901. Horti cultural services. Horticultural specialties including wholesale and retail nurseries. Irrigation distribution channels. Kennel s. Riding stables. Single-family detached dwellings. Swimming beaches. (3) (5) (6) Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 3. 2. 400. Dimensional Regul ati OhS Dimensional requirements shall be in accord_ance with Table 1 in Section 3. 2. 400. Offstreet Parking and Loading Requirements Offstreet parking -and loading requirements are subject to Section 3.2.500. Conditional Uses Bold & underline for addition 45 se~ke-eh~eugh for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 The following uses shall require site plan approval if the proposed use would otherwise require the same in accordance with Section 5.1.300. (a) (b) and Agricultural labor housing. Agricultural processing. Aircraft storage and equipment mainte- nance. (d) Airports and flying, landing, and take- off fields. (e) Electricity regulating substations. (f) Electric transmission rights-of-way. (g) Farm products warehousing and storage. (h) Food lockers (with or without food preparation facilities ). (i) Gas pipeline rights-of-way. (J) Gas pres'sure control stations. (k) Gasoline service stations. (1) Industrial wastewater disposal. (m) Logging camde and logging contractors. ( n ) Manuf acturi ( i ) Canninq and pres erving o f fruits, vegetables, and seafoods. (ii) Dairy products. (iii) Grain mill products. (iv) Meat products. (v) Sugar. Mining activities and related services. Pipeline rights-of-way control stations. (~) Protective functions and their related activities. (r) Radio transmitting stations and towers. (s) Railroad rights-of-way (excluding switching and marshaling yards). (t) Rapid rail transit and street railway ,(w) (x) ri ghts - o f-way. Refrigerated warehousing. Retail trade: .(ii .(iii ) Res orts. Sewage Disposal: Sewage disposal and sewage facilities, provided that the criteria are met: Automotive, marine craft, air- craft, and accessories. Mens' and boys' clothing and fur-' nishings. Womens' ready-to-wear. treatment f ol 1 owl (i) A minimum of ten (10) shall be required for treatment facility sites. acres al! Bold & underline for addition J 695 452 46 s~r~ke-~h~eugh for deletion 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (ii) No structure, treatment storage area or treatment facility shall be located within 50 feet of any property line or required base building line. All areas of development shall be fenced or walled. A minimum 20 foot wide landscape barrier shall be provided around the perimeter of the treatment facility. This buffer shall contain at least one tree for every 30 linear feet around the perimeter of the facility. An eight (8) foot high landscaped berm, hedge or row of shrubs shall be provided around the perimeter. Trees, shrubs and hedges must comply with the requirements of Section 3. 2. 630. (iv) All entry and exit points must be gate controlled. Ail gates must be constructed with an opaque material. Except for business operation Bates 'are to be kept hours, all closed and ~ocked. A site plan of this facility must accompany the application for Conditional Use. The required site plan must be in compliance with the requirements of Section 5.1.300. (y) (aa) Stockyards. Telephone relay towers (microwave). Television transmitting stations relay towers. (7) Accessory Uses Mobile homes. .(i) Sub~ect to the following conditions: Additional Information Require- ments: Proof that the land upon which the mobile home shall be located is classified as agri cultural 1 and for purposes of ad valorem tax as s es s ment. Bold & underline for addition 453 47 s~ke-~h~eu~h for deletion 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (b) Criteria: The owner of the land shall be the owner or lessee of the mobile home. ,(ii) The mobile home shall be placed on at least five (5) acres of land. (iii) The Community Devet opment Di rector s hall dst ermi ne that the mobile home is an accessory use, pursuant to Section 3.2.300 of this Code. (iv) Such use shall be accessory to productive agricultural operations, having a minimum of five (5) acres. Motor vehicle parkinq. Motor vehicle repair services. Motor vehicle wash services. Retail trade and wholesale trade: (i) Dairy products. (ii) Eggs and poultry. (iii) Florists. (iv) Fruits and ~ vegetables. (v) Meats. (f) Sewage pressure control stations. (g) Sewage sludge drying beds. (h) Sewage treatment plants. (i) Swimming pools. (J) Water pipeline rights-of-way. (k) Water pressure control stations. (1) Water storage. (m) Water treatment plants (purification). Bold & underline for addition 48 °' 698 454 [~00~ s~ke-~h~e~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Section 3.3.122 AG-5 Agricultural-5 Purpose The purpose of this dis tri ct is to provide and protect an environment suitable for productive commercial agriculture~ together with such other uses as may be necessary to and compatible with productive agricultural sur- roundings. Residential densities are restricted (2) to a maximum of one dwelling unit per five gross acres. Permitted Uses (a) Agri culture, including farms, groves, and ranches. (b) Animal husbandry services., including veterinarian and animal hospital services. (3) (4) (f) Dock and boat houses (private1. Drainage rights-of-way. Family day care homes. Fishery services. Forestry activities and related services. Highway and street rights-of-way. Historic and monument sites. Home occupations subject requirements of Section 3.2. 901. HorticultUral services. Horticultural specialties wholesale and retail nurseries. Irrigation distribution channels. (n) Kennels. (o) Riding stables. (p) Single-family detached dwellings. Swimming beaches. to the including Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 3. 2. 400. Dimens i onal Regul ati one Dimensional requirements shall be in accordance with Table 1 in Section 3.2.400. Offstreet Parking and Loading Requirements Offstreet parking and loading requirements are subject to'Section 3.2.500. (6) Conditional Uses The following uses shall require site plan Bold & underline for addition 49 se=~ke-eh~eu~h for deletion °" 698 455 BOOK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 approval if the proposed use would otherwise require the same in accordance with Section 5.1.300. (i) (J) (1) (m) Agricultural labor housing. Agricultural processing. Aircraft storage and equipment maintenance. Airports and fl yi ng, 1 andi ng, and takeoff fields. Electricity regulating substations. Electric transmission rights-of-way. Farm products warehousing and storage. Food lockers lwith or without food preparation facilities ). Gas pipeline rights-of-way. Gas pres'sure control stations. Gasoline service stations. Industrial wastewater disposal. Logging camps and logging contractors. Manufacturing: ( i ) Canning and pres ervi ng of fruits, vegetables, and seafoods. (ii) Dairy products. (iii) Grain mill products. (iv) Meat products. (v) Sugar. Mining activities and related services. Pipeline rights-of-way control stations. Protective functions and and pres s ute their (u) related activities. Radio transmitting stations and towers. Raj 1 road ri ghts -of-way ( exc! udi ng switching and marshaling yards). Rapid rail transit and street railway ri ght s - o f-way. Refrigerated warehousing. Retail trade: (i) Automotive, marine aircraft~ and accessories. (ii) Mens' and boys' clothing furnishings. (iii) Womens' ready-to-wear. Res orts. Sewage Disposal: Sewage disposal and sewage treatment facilities, provided that the following criteria are met: craft, and' A minimum of ten (10) acres shall be required for all (ii) treatment facility sites. No structure, treatment storage area or treatment facility shall Bold & underline for addition 50 se=~ke-~h=~ugh for deletion 698 456 I~OOK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (7) (iii) be located within 50 feet of any Droperty line or required base building line. All areas of development shall be fenced or walled. A minimum 20 foot wide landscape barrier shall be provided around the perimeter of the treatment facility. This buffer shall contain at least one tree for every 30 linear feet around the perimeter of the facility. An eight (8) foot high landscaped berm, hedge or row of shrubs shall be provided around the perimeter. Trees, shrubs and hedges must comply with the requirements of Section 3.2.630. (iv) Ail entry and exit points must be gate controlled. All gates must be constructed with an opaque material. Except for business operation hours, all gates are to be kept closed and locked. A site plan of this facility must accompany the application for Conditional Use. The required site plan must be in compliance with the requirements of Section. 5. 1. 300. (aa) Stockyards. Telephone relay towers (microwave). Television transmitting stations and relay towers. Accessory Uses Mobile homes. (i) Sub~ect to the followinq conditions: (a) Additional Information Require- merits: (i) Proof that the land upon which the mobile home shall be located is classified as agricultural land for purposes of ad valorem tax assessment. (b) Criteria: Bold & underline for addition 51 se=~ke-eh~eu~h for deletion 698 ~OOK 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 The owner of the land shall be the owner or lessee of the mobile home. (ii) The mobile home shall be placed on at least five (5) acres of land. (iii) The Community Development Director shall determine that the mobile home is an accessory uset pursuant to Section 3.2.300 of this Code. (iv) Such use shall be accessory to productive agricultural operations, having a minimum of five (5) acres. Motor vehicle parking. Motor vehicle repair services. Motor vehicle wash services. Retail trade and wholesale trade: (i) Dairy products. (ii) Eggs and poultry. (iii) Florists. (iv) Fruits and vegetables. (v) Meats. (f) Sewage pressure control stations. (g) Sewage sludge drying beds. (h) Sewage treatment plants. (i) Swimming pools. (J) Water pipeline rights-of-way. (k) Water pressure control stations. (1) Water storage. (m) Water treatment plants (purification). Bold & underline for addition ~00~ 52 s~ke-~h~emgh for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Section 3. 3. 123 R/C Residential/Conservation ( 1 ) Pu~os e The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum gross density of one (1) dwelling unit per five (5) gross acres, together with such other uses as may be necessary for and compatible with low density residential surroundinqs. (2) Permitted Uses (f) (h) Docks and boat houses (private). Family day care homes. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative .Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. Highway and street rights-of-~ay. Historic and monument sites. Home Occupations subject to the requirements of Section 3.2.901. Parks. Playgrounds and athletic areas. Single-family detached dwellings. Swimming beaches. (3) Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 3. 2. 400. (4) Dimensional Regulations Dimensional requirements shall be in accordance with Table I in Section 3.2.400. (5) Offstreet Parking Requirements Offstreet parking requirements shall in accordance with Section 3.2.500.. (6) Conditional Uses (a) Electric transmission rights-of-way. (b) Family residential homes located within a radius of one thousand (1,000) feet of 459 Bold & underline for addition 53 se~ke-~h~u~h for deletion 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (7) (9) another such family residential home. Gas DiDeline rights-of-way. Gas pressure control stations. Irrigation distribution channels. Pipeline rights -of-way control stations. Rail road ri ghts -of-way. Rapid rail transit and rights -of-way. and pressure street railway Accessory Uses Drainage rightS-of-way. Guest house: One (1) guest house per single-family dwellinq, provided that upon receivinq a building permit for this use the property owner s i qn a not ari z ed statement to the effect that under no circumstances shall the guest house used for rental purposes, seasonal annual. (c) Sewage pressure control stations. (d) Swimminq pools. (e) Water pipeline rights-of-way. (f) Water pressure control stations. (g) Water storage. (h) Water treatment plants (purification)i be or 698 460 ~00~ Bold & underline for addition 54 ~e~ke-eh~eu~h for deletion Section 3. 3. 15824 U Utilities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ( 1 ) .Purpose The purpose of this district is to provide and prote ct an envi ronme nt s ui table f or utiliti es, transportation, and communication facilities, together with such other uses as may be compatible with utility, transportation, and communication. facility surroundings. (No further changes to this section) Section 3. 3. l~g25 I I ns ti tuti onal (1) Purpose The purpose of this district is to provide and protect an environment suitable for institutional, public, and quasi-public uses, together with such other uses as may be compatible with institutional, public, and quasi-public surroundings. (No further changes to this section) Section 3.3.1286 RVP Recreational Vehicle Park ( 1 ) Purpose The purpose of this district is to provide for the location of recreational vehicles and travel trailers for temporary occupancy on rental spaces. (No further cha.nges to this section) Bold & underline for addition 55 o ,695 461 s~ke-~h~eugh for deletion Section 3. 3. 1237 PUD Planned Unit Development 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ( 1 ) Purpose The Planned Unit Development (PUD) district is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: (a) permit creative approaches to the development of residential land reflecting changes in the technology of land development; (b) allow for the efficient use of land, which can resultin smaller networks of utilities and streets and thereby lower development costs; (c) allow design options that encourage an environment of stable character, compatible with surrounding land uses; and (d) permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. (2) Permitted Uses Any use permitted in the Agricultural-1 (AG-l); Agricultural -2. 5 (AG-2. 5); Agricultural -5 (AG- 5 ); Residenti al/Cons ervati on ( R/C ); Residential, Estate- 1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 ( RS-4 ); Residential, $~§~e Multiple-Family- 5 (RSM- 5 ); Residential, Mobile Home ( RMH-5 ); Residential, Multipl e-Family- 7 (RM-7); Re s i de nti al, Mul ti pl e - F ami 1 ¥- 9 ( RM- 9 ); Multiple-Family- 11 (RM-11); Residential~ Multiple-Family- 15 (RM-15); and Res~e~a~r M~p~e-Pam~y- ~ 8--- ~RM- ~ $ ~ zoning districts of this Ordinance may be permitted in a Planned Unit Development district for a variety of residential densities. Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed .three (3) percent of the gross area of the Planned Unit Development. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths, racquet Bold & underline for addition .56 se~ke-~h~emgh for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. (3) Standards and Requirements Standards and requirements for a Planned Development shall be as follows: Unit (a) General Requirements (i) Consistency with Local Ordinances and Comprehensive Plan. The Pi anned Unit Development shall be consistent with the general purpose, goals, objectives, and standards of this Ordinance, the St. Lucie County ~ow~h-Mana~eme~-P~ey Comprehensive Plan, and the Code of Ordinances- of St. Lucie County. (ii) Effect on Adjacent Properties. Se The P1 armed Unit Development shall not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general wel fare. The Planned Unit Development shall be consistent with the character of existing land uses in the area. Ce The Planned Unit Development shall not interfere with the development and use of neighboring property. (iii) Adequacy of Public Facilities. The P1 armed Unit Development shall be served by adequate public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage, structures, refuse disposal, water and s ewer, and school s; or the applicant will make an equitable contribution toward provision of such 698 463 600~ Bold & underline for addition 57 s~ke-~h~eu~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 services. (iv) Adequacy of Fire Protection. The applicant has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confir- mation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. (v) Environmental Impact. For developments required to provide an environmental impact report under subparagraph (4)(b)(xiii) of this section, the Planned Unit Development shall not contravene any applicable provision of the St. Lucie County ~ew~h -Mana~eme~ ........ P~ey Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis," of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Ho=n and Associates, Inc. (August 1982). On North and South Hutchinson Island, the provisions of Section 3.3.122(3), (4), (9) and (16) shall also apply. (b) Conditions on Planned Unit Development Approval The Board of County Commissioners shall attach any reasonable condition, limitation, or requirement to a Planned Unit Development approval as is necessary to effectuate the purposes of this section and to carry out the spirit and purpose of the zoning regulations and the St. Lucie County Comprehensive Plan. Ma~a~eme~--P~A~ey-P~a~ Such conditions shall be set forth expressly in the resolution approving the Planned Unit Development. (i) Impact on .School System. The Planned Unit Development shall agree to pay to the School Board of St. Lucie County an amount equal to the anticipated financial impact on Bold & underline for addition 58 for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 the County school system. (ii) Maintenance of Level of Service of C Annuall¥~ D in the Peak Season. If level of service, either existing or as a result of traffic generated by a proposed development, is determined to be below Level of Service C annually or D in the peak season, the Planned Unit Development s hall make the roadway or other improvements necessary to maintain Level of Service D in the peak seas on, or make an e qui table contribution toward such improvement. (iii) Traffic Control Devices. Whenever, as the result of additional' traf fi c generated by a propos ed development, it is determined based on the Manual on Uni form Traf fi c Control Devices that there is a need for installation of traffic control devices (including traffic signals, signing and pavement markings ), . the Planned Unit Development shall be responsible for installing all said devices and signs, or shall make an equitable contribution toward such i ns t al 1 ati on. (iv) Access Improvements. The Planned Unit Development shall provide the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. (v) Timin9 of Building Permits or' Occupancy. If the proposed development, together with existing and previously approved development, will necessitate roadway or other improvement s t o mai ntai n Level of Service C annually or D during peak season, or will require traffic control devices or access improvements, a Planned Unit Development shall not be approved except upon the condition that building permits or certificates of occupancy not be issued until after Bold & underline for addition 59 s~ke-~h~eugh for deletion 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 such improvements or traffic control devices are installed. The Board of County Commissioners shall authorize relief from the requirement of post- poned building permits or occupancy certification (by phasing issuance of building permits or certificates of occupancy over an appropriate time period or otherwise) if it finds, after receiving the recommendation of the Site Plan Technical Review Committee and bas ed on conditi OhS peculiar to the proposed development, that such relief will not adversely affect traffic conditions. (vi) Pro~ ects Requiring Other Regulatory Approval. For developments requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the Board of County Commissioners shall not approve unconditionally a Planned Unit Development until it has received from' such agency notice of either issuance of or intent to issue the required regulatory permit. The Board of County Commissioners may approve a Planned Unit Development conditioned upon receiving notice of either issuance of or intent to issue' any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the findings required in paragraph (3)(a)(v) of this section. A Planned Unit Development approval conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information, from revoking such conditional Planned Unit Development approval ( bas ed sol el y upon an inability to confirm the findings required in- paragraph (3) (a) (v) of this section) or from protesting the permit application. Bold & underline for addition 60 s~ke-eh~m~h for deletion 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (c) Minimum Size (d) A Planned Unit Development shall be a minimum of ten (10) contiguous acres of land under common ownership or control. Density The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan 8~ew~h--Ma~agemen~-Po~ey-P~a~= On North and South Hutchinson Island, the provisions of 'Section 3.3.122(7) and (8) shall govern. (e) Area, Yard, and Height Requirements Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval. (f) Public Facilities (g) The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility s ys terns. Traffic and Pedestrian Circulation (i) Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area' dedicated to public or private use. (ii) Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and mi ni mum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as Bold & underline for addition 61 se~ke-eh~em~h for deletion 698 BOOK . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 to encourage their us e by through traffic. (iii) The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. (iv) All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. (v) Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and as s ociated improvements shall comply with all pertinent County regul ati OhS and ordinances. (vi) Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpass es or overpass es i n the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood us es which generate a considerable amount of pedestrian traffic. (vii) Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into. and out of the arterial streets do not cause traffic congestion. (h) Offstreet Parking and Loading Of fs treet parking and 1 oadi ng requirements are governed by SeCtion 3. 2. 500 of this Ordinance, and the following standards: (i) Offstreet parking and loading areas Bold & underline for addition 62 s~ke-~h~a~h for deletion ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 shall be arranged so as to through traffic to other areas. prevent parking (ii) No more than fifteen (15) spaces shall be permitted continuous row without interrupted by landscaping. parking in a being (iii) Offstreet parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. (i) Li ghti ng Ail lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any ki nd to adj oi ni ng streets or properties. (j) Landscaping and Natural Features (i) Native trees and vegetation and other natural features shall be preserved to the extent practicable. (ii) All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. (iii) Landscaping for offstreet parking and loading areas shall meet the minimum requirements of Section 3.2.600. (k) Open Space Standards (i) A minimum of thirty (30) percent of the gross area of 1 and to be committed to a Planned Unit Development must be for use as parks, recreati on areas, marinas, swimming beaches, open space, pl anti ng, or. other public purpos es other than rights-of-way, utility easements, and parking areas. At least fifteen (15) percent of the total area of the P1 armed Unit Development s hall be common open space for recreation or park use. At the request of the Bold & underline for addition BOOK 63 s%~=ke-%h~ough for deletion 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (ii) developer and subject to the approval of the Board of County Commissioners, use of recreational facilities may be offered to the general public. Areas that are natural fl oodways, 1 akes, and storm water retention areas may be applied to satisfying the total open space requirement as to the availability of and provision of such open space, which may consist of: Advance dedication of all such open space as a prior condition of Planned Unit Development. approval; bo Conveying the land to a public agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. No such parcel of land dedicated for open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. Open space provided to meet other requirements shall not be considered as meeting this open space requirement. ( 1 ) Phas i ng (i) A Planned Unit Development may be developed in more than one stage or phase. (ii) I f a Final' Development Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed i n a re as onabl y continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be Comple%ed within ten (10) years of the date of final development pl an approval. Extens i OhS o f the above requirements are subject to ,0°,698 Bold & underline for addition 64 s~ke-~h~em~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 approval by the Board of County Commissioners. Unless otherwise amended by the Board o f County Commi s s ioners through the Fi nal Development P1 an review proces s, the following sequence of development must be adhered to: One or more maj or recreation facilities and other maj or ameni ti es, planned to serve the enti re development, s hall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty (40) per cent, or other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other ' amenities planned to serve one ( 1 ) phase of a multiphas ed development shall be completed or appropri ate security posted prior to issuance of building or mobile home permits or the recording of. any final plat within that phase. No commercial facility shall be permitted prior to the completion of at least forty (40) percent' of the total number of authorized dwelling units; and, For Planned Unit Developments to be constructed in stages or phases the net density of an individual stage or phase may vary from the approved final development plan subject to the. requirements in Section 3.3.121(8). (4) Administrative and Review Procedures (a) Persons Entitled to Initiate Applications An application for a Planned Unit 698 471 Bold & underline for addition 65 s~ke-~h~em~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Development may only be submitted by the owner or any other person having a contractual interest in the parcel of land proposed for the Planned Unit Development. (b) Application for Preliminary Development Plan and Fee Any person desiring to develop a Planned Unit Development shall submit an application for a Planned Unit Development along with a Preliminary Development Plan and two (2) copies to the Community Development Director Beve~e~me~ ~oo~na~, accompanied by a non-. refundable application fee, as established from time to time by the Board of County Commissioners, to defray the costs of processing the application. The Application and Preliminary Development P1 an s hall contai n the following items: (i) The applicant's name and address. (ii) The applicant' s the subject property. interest in (iii) The owner' s name and address, if different ~ from the app?i cant, and the owner' s signed consent to the filing of the application. (iv) The street address and a legal description of the property proposed to be reclassified as a Planned Unit. Development. (v) The present zoning classification and existing uses of the subject property proposed to be reclassified. (vi) A statement of planning objectives to be achieved by the proposed Planned Unit Development through the particular approach proposed by the applicant. This statement should include a des cription of the character of the proposed development and the rational e behi nd the assumptions and choices made by the appl i cant. · (vii) A statement of the total number and Bold & underline for addition 66 se~ke-eh~eugh for deletion 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 type of dwelling units to be constructed; parcel size; proposed lot coverage of buildings and structures; approximate gross and net area of all commercial facilities, and an expl anati on o f thei r us e; residential densities; approximate gross and net amounts of open space; and economic feasibility studies or market analys es where deemed necessary by the Community Development ~~ma~ Director. (viii) Information on land areas adjacent to the proposed Planned Unit Development and an i ndi cati on o f the relations hips between the propos ed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facili- ties, and unique natural features of the land. (ix) A statement describing how the. Planned Unit Development is consistent with the St. Lucie County S~ew~h Mama~eme~ --Pe~ ey Comprehensive Plan. (x) A development schedule indicating the approximate date construction of the Planned Unit Development or stages of the Planned Unit Development can be expected to begin and be completed. (xi) A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the Planned Unit Development, such as land areas, dwelling units, and commercial facilities. (xii) A transportation impact' report in accordance with the requirements of Section 5. 1.300(4)(g). (xiii) An environmental impact report in accordance with the requirements of Section 5. 1.300(4)(h). (xiv) A statement describing the impact the Planned Unit Development will place on water, sewage, and other public facilities, and what action is Bold & underline for addition 67 698 473 s~ke-~h~u~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 proposed to insure the provision for these services will mean there will be no net public cost. (xv) Detail sheets shall be submitted on a sheet size twenty-four (24) by thirty-six (36) inches and at a scale no smaller than one (1) inch equals fifty (50) feet, all dimensions in decimals. For large projects, a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: ac The location of the property by lot number, block number, and street address, if any. bo The boundary lines of the property, the dimensions of the property, existing subdivision easements, roadways, rail lines, and public rights-of-way. The approximate location and dimensions of all buildings and structures. This shall include types of dwelling units, and density per type of structure. The approximate location parking and loading areas. of Approximate 1 ocations o f existing and proposed easements for utility systems, including waste disposal facilities and water supply facilities, el ectri c, gas, and tel ephone lines. The approximate location of all drainage retention areas and major drainage improvements. The location of the existing and propos ed ci rcul ati on s ys t em o f arterial and collector streets and any other trans portati on improvements. Bold & underline for addition The location and size of all areas to be.conveyed, dedicated or reserved as common open space, 698 , 74: 68 s~ke-~h~eugh for deletion 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 parks, recreational areas, school sites, and other public uses. The pedestrian ci rcul ati on s ys tern, i ncl uding its interrelationship with the vehicular circulation system. (xvi) A boundary and topographic survey, with contour lines at one (1) foot intervals, prepared, signed and sealed, by a Registered Florida. Land Surveyor which shall contain: Acreage certification of all land above the elevation of Mean High Water. b. The Mean High Water Line, where applicable. The location of all submerged 1 ands. The location of the coastal construction setback line. (xvii) A location map, which shall delineate the project boundaries on the St. Lucie County Tax Assessment Maps. (xviii) A driveway location which shall show the location of all driveways, public streets and private drives within six hundred and sixty (660) feet of the Planned Unit Development,. along any private or public street that will serve the project. (xix) An aerial photograph of the property upon. which the Planned Unit Development is proposed. (xx) Any other information deemed neces s ary by the Beve~ epmen~ ~ee~J:~a~e~ Community Development Director for the reasonable review of the propos ed Pt anned Unit Development. (c) Review by Beve~epme~e .... ~ee=~aee~ Community Development Director 475 Bold & underline for addition 69 se~ke-eh~em~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (i) Within twenty (20) days after an application and Preliminary Development Plan is submitted, the Beve~e~me~---~ee~a~e~ Community Development Director shall determine whether the application is complete. If the Beve~epme~ .... ~ee~a~e~ Community Development Director determines the application is not complete, he shall send a written statement specifying the deficiencies to the applicant by mail. The Beve~e~me~---~ee~a~e~ Community Development Director shall take no further action on the application unless the deficiencies are remedied. (ii) When the Community determines Preliminary complete, application, Development Director the application and Development Plan are he shall review the make a recommendation, and notify the Planning and Zoning Commission that the Planned Unit Development proposal is ready for review. (d) Action by Planning and Zoning Commission (i) Upon notification of the completed application for a Planned Unit Development, the Planning and Zoning Commission shall place it on the' agenda of a regular meeting of the Planning and Zoning Commission in accordance with the procedures set out in Section 5.1.100. The public hearing held on the application shall be in accordance with Section 5. 1.200. In reviewing and making a recommendation on the application and Preliminary Development Plan, the Commission shall use the standards in Section 3.3.121(3). (ii) Within a reasonable time of the hearing, the Commission shall issue a recommendation to approve, approve with conditions, or deny the application, for Planned Unit Development. (e) Action by Board of County Commissioners (i) Upon notification of the. °' 698 476 500~ Bold & underline for addition 70 se~ke-ehmeugh for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (f) 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 in accordance with the requirements of Section 5.1.100. The public hearing held on the application shall be in accordance with Section 5.1.200. In making a decision on the application, the Board of County Commissioners shall consider the recommendation of the Planning and Zoning Commission and the standards specified in Section 3.3.121(3). (ii) Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall either grant, grant with conditions, or deny the application for Planned Unit Development. Time Limits Unless otherwise specified in the approved application for Planned Unit Development, a Final Development Plan under the provisions of Section 3.3.121(5) must be filed within one (1) year, or the Board of County Commissioners' approval of the application .for the Planned Unit Development shall become null and void. The time limitation may be extended not more than one time, and for not more than one year upon application to the Board of County Commissioners after a public hearing held in accordance with the provisions of Sections 5.1.100 and 5.1.200. (5) Final Development Plan Approval (a) Application An application for Final Development Plan approval shall include: (i) The date on which the Preliminary Development Plan was approved. (ii) A statement whi ch have document's, describing any changes been made in any plans, data, or Bold & underline for addition 71 s~ke-~h~eu§h for deletion 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 information previously submitted. (iii) A tabular display of the following information with respect to the area included in the Final Development Plan, if relevant: Total number of dwelling units proposed by type of structure and number of bedrooms. Total number of non-residential structures and gross floor area. Total land area to be devoted to residential uses, commercial uses, public and private open space, and offstreet parking and loading, expressed in acres' and as a percent of the total development area. Proposed number of offstreet parking and loading spaces for each proposed type of land use. (iv) A detailed conceptual landscaping plan showing the location, size and type of vegetation. (v) Conceptual (vi) s chematic des i gn drawings of all structures showing elevations and building floor. plans, all signed and sealed by a registered architect or engineer. Conceptual utility plans, signed and registered engineer. and drainage sealed by a (vii) The final development construction s chedul e. (b) Filin9 an Application Development Plan Approval for Final All applications for Final Development Plan approval mhall be submitted to the Beve~e~me~ ..... ~ee~h%~a~e~r Community Development Director. Within twenty (20) days after an application for Final Development Plan approval is submitted, the Beve~eDme~e--~ee~a~e~ Community Development Director shall determine whether it is complete. If the' Bold & underline for addition 72 for deletion 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Beve~epme~e ..... eee=a~a~e~ Community Development Director determines that the Final 'Development Plan is not complete, he shall send a written statement specifying the deficiencies to the applicant by mail. The Beve~pme~-~e~a~e~ shall take no further action on the application unless the deficiencies are remedied. (c) Beve~epme~e-~ee~aee~ Community Development Director Review When the Beve~epme~e-~ee~aee~ Community Development Director determines that the Final Development Plan is complete, he shall review the plan to determine if it is in substantial conformity with the approved Preliminary Development Plan, make a recommendation, and notify the Board of County Commissioners that the Final Development Plan is ready for review. (d) Substantial Conformity A Final Development Plan will not be deemed to be in substantial conformity with the approved Preliminary Development Plan if it: (i) Departs by more than ten (10) percent from. the maximum density or ground coverage. (ii) Changes by more than ten (10) percent the floor area to be devoted to any residential or non-residential use. (iii) Decreases by more than ten (10). percent the area provided for public and private open space, or changes the general location of such area. (iv) Relocates approved circulation elements to the extent that would decrease their functionability, adversely affect surrounding lands and circulation elements, or reduce their effectiveness as buffers or amenities. (v) Significantly alters the arrangement of land uses within the development. (vi) Significantly alters the character of the development propos ed i n the Bold & underline for addition 479 73 s~ke-~h~eugh for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Preliminary Development Plan. (vii) Is not consistent with the St. County Comprehensive Plan. Lucie (e) Approval by Board of County Commissioners (i) Upon notification from the Bewe~epme~---~ee~Ba~e~ Community Development Director that an application for a Final Development Plan is complete, the Board of County Commissioners shall place the Final Development Plan on the agenda of a regular meeting of the Board of County Commissioners in accordance with Section 5.1.100. (ii) If the Board of County Commissioners determines that the Final Development Plan is in. substantial conformity with the approved Preliminary Development Plan, it shall approve the Final Development Plan. If the Board of County Commissioners determines that the Final Development' Plan is not in substantial conformity with the approved Preliminary Development Plan, it shall deny the Final Development Plan. (iii) Notification of the Board of County Commissioners' decision shall be mailed to all parties and filed in the Office of the Beve~epme~ ~e~a~ Community Development Director, in accordance with Section 5. 1. 200(6). (iv) Approval of the Final Development Plan by. the Board of County Commissioners, together with the acceptance of all conditions associated with that approval, shall constitute a certified Final Development Plan. (v) Upon certification by the Chairman of. Board of County Commissioners, three (3) copies of the Final Development Plan shall be signed and one (1) copy returned to the applicant with two (2) copies being retained by the Beve~e~me~---~ee~%~a~e~ Community Development Director as a part of oo 698 480 Bold & underline for addition 74 e~ke-~h~eu§h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 the public record. (vi) Upon approval of the Final Development Plan, the Board of County Commissioners shall direct the Development Coordinator to amend the Official Zoning Atlas to reflect Planned Unit Development (PUD) zoning for the approved development. (6) Effect of Approval of a Final Development Plan for a Planned Unit Development The approval of a Final Development Plan for a Planned Unit Development shall only constitute approval of the Final Development Plan. Development of the Planned Unit Development shall not be carried out until the applicant has secured all other permits and approvals required by the County. (7) Limitation of Final Plan Approval Within one (1) year after Final Development Plan approval, or such shorter time as may be established by the development schedule approved by the Board of County Commissioners, construction shall commence in accordance with the approved Final Development Plan. Failure to commence construction within that period shall, unless an extension shall have been granted by the Board of County Commissioners, automatically render null and void Final Development Plan approval, the Preliminary Development Plan approval upon which Final Development Plan approval depends, and all county permits based on such approvals. Adjustments to an Approved Final Development Plan During Development During development of an approved Planned Unit Development, adjustments to the approved Final Development Plan may be permitted as follows: (a) Minor Ad~ ustments The Beve~epmeae--See=~%~aee~ Community Development Director may authorize minor adj us tments to the approved Fi nal Development Plan. Such minor adjustments, shall be consistent with the intent and purpose of the St. Luci e County 698 481 BOOK Bold & underline for addition 75 ~ke-~h~eu~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Comprehensive .Pian, this Ordinance, and the Planned Unit Development as approved, and shall be the minimum necessary to overcome the particular difficulty. Such minor adjustments shall be limited to the following: (i) Increasing any dimension of any one (1) structure by not more than ten (10) percent. (ii) Altering the location of any one (1) structure or group of structures by not more than fifty (50) feet. (iii) Altering the net density of any one (1) stage or phase by more than ten (10) percent. (iv) Altering the location circulation element by not fifty (50) feet. of any more than (v) Altering 'the location of any open space by not more than fifty (50) feet. (vi) Reducing the total amount of open space by not more than five (5) percent or reducing the yard area or. open space associated with any single structure by not more than five (5) percent. (vii) Altering the location, type, quality of landscaping elements. or Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. (b) Mai or Adjustments (i) Any other adjustment to the approved Planned Unit Development shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners, which may grant approval for major adj us tments only after a public hearing and upon finding that any. propos ed changes in the approved Fi hal Development P1 an f or the Planned Unit Development will be in substantial conformity with the Bold & underline for addition 698 482 i~eOK 76 sem~ke-~h~eu~h for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (9) original approval. The Board of County Commissioners shall place the application for major adjustment on the agenda of a regularly scheduled meeting for a public hearing in accordance with the requirements of Section 5.1.100. The public hearing on the application shall be held in accordance with Section 5.1.200. (ii) If the Board of County Commissioners determines that the major adjustments are not i n s ubs tanti al conformity with the original approval, then it shall refer the request to the Beve~epme~---~ee~a~e~ Community Development Director for initiation of a new Preliminary Development Plan in accordance with the provisions of this Ordinance. Inspections Durin9 Development of an Approved Planned Unit Development (a) Inspections by Beve~epmene---~ee~aaeer Community Development Director Following final approval of a Final Development Plan for a Planned Unit Development, the Community Development Director shall, at least annually until the completion of development, review all per_mits issued and construction undertaken, and compare actual development with the approved plans for development and with the approved. development schedule. (b) Action by BeveAepme~e .... Gee~a~e~ Community Development Director If the Bewe~epme~e-~ee~a~e~ 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 Final Development Plan, 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 any such necessary action to stop such noncompliance. (c) Action by Board of County Commissioners Bold & underline for addition 77 se~ke-eh~eugh for deletion 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Within thirty (30) days following notification by the Beve~epmeB~ ~ee~a~e~r Community Development Director the Board of County Commissioners shall determine whether development of the Planned Unit Development is proceeding in accordance with the approved Final Development Plan. If the Board of County Commissioners finds the development is not proceeding in accordance with the approved Final Development Plan, it shall either revoke the Planned Unit Development approval or compel compliance. (10) Inspections After Development (a) Inspections by Community Development Director Following completion of the development of a Planned Unit Development, the Beve~o~me~ ..... ~ee~a~e~ Community Development Director shall review the development as completed and determine if it complies with the approved Final Development Plan. (b) Action by Beve~epmeae .... ~ee~aa~e~ Community Development Director If the Beve~epme~e-~ee~h%~aee~ Community Development Director finds that the development as. completed fails in any respect to comply with the Final Development Plan as approved, he shall immediately notify the Board of County Commissioners of such fact. (c) Action by the Board of County Commi s s i chefs Within thirty (30) days following notification by the Beve~epme~ ~ee~L~a~e~r Community Development Director the Board of County Commissioners shall determine whether the completed Planned Unit Development fails in any respect to follow the approved Final Development Plan. If the Board of County Commissioners finds the completed Planned Unit Development fails in any respect to comply with the Final Development Plan, it shall either revoke the Planned Unit Development, or take the necessary action Bold & underline for addition 78 se~ke-eh~eu~h for deletion 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 to compel compliance. (11) Amendments and Extens ions o f P1 anned Unit. Development (a) A Planned Unit Development may be amended, varied, or altered only pursuant to the standards and procedures established for its original approval set forth in Section 3.3.121. (b) The time limitation for the commencement of construction on an approved Final Development Plan as provided in Section 3. 3. 121(7), or as provided by the Board of County Commi s s ioners i n the approved development schedule, may be extended not more than one (1) time, and for not more than two (2) years, on application to the Board of County Commissioners after a public hearing held in accordance with the provisions of Section 5. 1. 100 and 5. 1. 200. (12) Revocation of Planned Unit Development In addition to any other penalties and remedies for violation of this Ordinance, it shall be a condition of every Planned Unit Development that such approval may be revoked for violation of any condition imposed upon such approval. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Sections 5.1.100 and 5.1.200. Section 3. 3. 12~-8 HIRD HUTCHINSON ISLAND RESIDENTIAL DI STRI CT (1) Purpose The purpose of the Hutchinson Island Residential District (HIRD) is to provide a residential environment on North and South Hutchinson Island that is respectful of the' natural resources and value of the barrier islands and can be supported by available public and private services. HIRD is intended to ensure ~ that the intensity, location, and timing of new residential growth and development is of a character that can be served by adequate public and private Bold & underline for addition ° 698 485 79 ~ke-~h~eush for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 facilities, and that protects, preserves and enhances the public health, safety, and welfare of the citizens of St. Lucie County. Hutchinson Island constitutes a unique and valuable public resource that plays a vital role in defining the County' s economic and geographic character. HI RD i s int ended to facilitate growth'and development of the barrier islands while conserving the natural and human values the islands represent. Given the environmentally sensitive nature of barrier islands, HIRD is designed to ensure that growth and development is clustered away from environmentally sensitive lands and is limited to the more tolerant upl and portions o f Hutchinson Island. HIRD is also intended to implement and be consistent with the St. Lucie County ~w~h-Ma~a~eme~-P~ ey Comprehensive P1 an. (No further changes to this section) Section 3.3.1259 RF Religious Facilities ('~) Purpose The purpose of this District is to provide and protect an environment suitable for the establishment and operation of churches, synagogues, temples, and similar uses. (No further changes to this section) Section 3.3.1~430 PNRD Planned Non-Residential Development ( 1 ) Purpose The Planned Non-Residential Development (PNRD) District is intended to achieve non-residential land development of-superior quality through the encouragement of flexibility and creativity in design options that: (a) Permit Bold & underline for addition creative approaches- to the 698 486 BOOK 80 s~ke-%h~eugh for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 (2) (b) (c) (d) development of non-residential land reflecting changes in the technology of land development; Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. Permitted Uses Any permitted, conditional, or accessory use including any standards, conditions and requirements for those uses as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, Tourist (CT); Commercial, General (CG); Indus tri al, Light (IL); and Institutional (I) Zoning Districts, and any non-residential permitted, conditional, or accessory use identified in the Agriculture (AG) Agriculture- 1 (AG-1), Agriculture-2. § (AGg-. 5) or A~riculture-5 (AG-5) Zoning District of this ordinance may be permitted in a P1 armed Non-Res identi al Development District for a variety of uses, to the extent consistent with the St. Lucie County Sm~w~h---Ma~a§eme~e-Pe~ey Comprehens i ye Pi an, the standards, conditions and requirements in the St. Luci e County Z oni ng Ordi nanc e that pertain to conditional and ac cess cry us es and the standards s et forth in subsection (3) of this section. (3) Standards and Requirements Standards and requirements for a Planned Non- Residential Development shall be as follows: (no further amendments necessary in this section) o, 698 487 [~001~ Bold & underline for addition 81 s~ke-eh=em~h for deletion 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 PART B: Special acts to unincorporated pri or to January res ol uti ons, are hereby confli ct. CONFLI CTI NG PROVI SI ONS. of the Florida Legislature areas of 1, 1969, or parts thereof supers eded applicable only St. Lucie County, and adopted County ordinances and County in conflict with this ordinance by this ordinance to the extent of such PART C: I f any or declared SEVERABILITY AND APPLICABILITY. portion of this ordinance is for any to be unconstitutional, inoperative or holdings shall not effect the remaining reason held void, such portions of this ordinance. If this ordinance or any provision thereof shall be held inapplicable to any person, property or circumstance, such holding shall not effect its applicability to any other person, property or circumstance. PART D: The copy of and Laws, FILING WITH THE'DEPARTMENT OF STATE. Clerk is hereby directed forthwith to send a certified this ordinance to the Bureau of Administrative Code Department of State, The Capital, Tallahassee, Florida, 32304. PART E This official State EFFECTIVE DATE. ordinance shall take effect upon the receipt of acknowledgement from the Office of Secretary that this ordinance has been filed in that office. the' of I~OOK Bold & underline for addition 82 se~ke-eh~eugh for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 5,4 55 5~ 5'7 PART F: After as follows: ADOPTI ON. motion and second, the vote on this ordinance was Chairman R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Judy Culpepper Commissioner Jim Minix Commissioner Jack Krieger AYE AYE AYE AYE AYE PART G: CODIFICATION. Provisions of this ordinance shall be incorporated in Code of Ordinances of St. Lucie County, Florida, and the "ord/nance" may be changed to "Section," "Article" or appropriate word, and the section renumbered or relettered to provided however, that Parts B Through the word other. of this ordinance may be accomplish such intentions; G shall not be codified. PASSED AND DULY ADOPTED this 19th day of June, 1990. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, BY: BOld & underline for addition 83 CHAIRMAN o ,§98 489 ~ke-~h~eugh for deletion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ORD90- 14 ( Z TEXT-ORD ) APPROVED AS TO FORM AND CORRECTNESS COUNTY 105440 FILE[] AND P,:CCi~i:':: O01JO[.4 S DIXON Sl. LUC~;,_ ~,'!hijN! Y. Bold & underline for addition 84 s~ke-eh~eugh for deletion 490 1044=500 ORDINANCE NO. 90-18 AN ORDINANCE CREATING CHAPTER 1-10.7 "JUVENILE WELFARE" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROVIDING FOR THE CREATION OF A COUNTY-WIDE INDEPENDENT SPECIAL DISTRICT TO PROVIDE JUVENILE WELFARE SERVICES THROUGHOUT ST. LUCIE COUNTY; PROVIDING FOR A GOVERNING BOARD TO BE KNOWN AS THE CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY; PROVIDING FOR THE MEMBERSHIP AND DUTIES OF THE COUNCIL; PROVIDING FOR AUTHORIZATION OF THE LEVY OF AD VALOREM TAXES NOT TO EXCEED ONE-HALF MILL SUBJECT TO A REFERENDUM; AND PROVIDING FOR FILING WITH THE DEPARTMENT STATE; AN EFFECTIVE DATE; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.901, Florida Statutes (1989) authorizes each county of the State to create an independent special district to provide juvenile welfare services throughout the County in accordance with said act. 2. The Board of County Commissioners has determined that it would serve the public interest to establish said independent special district. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CREATING CHAPTER 1-10.7 "JUVENILE WELFARE" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Chapter 1-10.7 "Juvenile Welfare" of the Code of Ordinances of ~%. Lucie County, Florida, is hereby created by adding the following Sections to read as follows: Struck through passages are deleted. added. --1-- Underlined passages are °" 690 , , 2665 BO0~ Section 1-10.7. Title. This ordinance may be cited as the "Children's Services Ordinance." Section 1-10.7-2. Creation of an Independent Special District. · -There is hereby created, effective July 1, 1990, an independent Special District to provide .juvenile welfare services throughout St. Lucie County. The governing body of the District shall be a board of .juvenile welfare to be known as the Children's Services Council of St. Lucie County. Section 1-10.7-3. Membership. The Children's Services Council of St. Lucie County shall consist of ten (10) members, including the Superintendent of Schools, a local School Board Member (as selected by the School Board), the District Administrator from District IX from the Florida Department of Health and Rehabilitative Services or his designee, a member of the Board of County Commissioners (as selected by the Board of County Commissioners), and the judge assigned to .juvenile cases who shall sit as a voting member of the council, except that said judge shall not vote or participat~ in the setting of ad valorem taxes under this section. In the event there is more than one .judge assigned to juvenile cases in a county, the chief .judge shall designate one of the .juvenile .judges to serve on the council. The other five members of the council shall be aDpointed by the Governor and shall serve for °~ .... "~ ..... ~ passages are deleted. added. --2-- Underlined passages are 0~ terms of four (4) years each. If any of the members of the council required to be appointed by the Governor under the provisions of this act shall resiqn, die, or be removed from office, the vacancy thereby created shall, as soon as practicable, be filled by appointment by the Governor, and such appointment to fill a vacancy shall be for the unexpired term of the person who resiqns, dies, or is removed from office. Section 1-10.7-4. Powers and Duties. (1) The Children's Services Council of St. Lucie County shall have the following powers and duties: (a) To provide and maintain in the County such child guidance, psychological, or psychiatric clinics for .juveniles as the Council determines are needed for (b) the general welfare of the County. To provide for the care of dependent .juveniles and to provide such other services for all juveniles s~ the Council determines are needed for the genera] welfare of the County. (c) To allocate and provide funds for other agencies in the County which are operated for the benefit of .juveniles, provided they are not under the exclusive .jurisdiction of the public school system. (d) To collect information and statistical data which will be helpful to the Council in deciding the needs of juveniles in the County. Struck ~**~**~ passages are deleted. added. --3-- Underlined passages are 690 (e) To consult with other agencies dedicated to the welfare of juveniles to the end that the overlapping of services will be prevented. (f) To lease or buy such real estate, equipment; and personal property and to construct such buildings as are needed to execute the foregoing powers and duties, provided that no such purchases shall b~ made or building done except for cash with funds on hand. (g) To employ and pay, on a part-time or full-tim~ basis, personnel needed to execute the foregoinq powers and duties. (2) Books of account shall be kept by the Council or its clerical assistants, and the fiscal affairs of the board shall be exclusively audited by state auditors as are assigned from time to time to audit the affairs of the County officials. Section 1-10.7-5. Fiscal Year. (1) The fiscal year of the district shall be the same as that of the County. (2) On or before July 1 of each year, the Children's Services Council of St. Lucie County shall prepare and adopt an annual written budget of its expected income and expenditures, including a contingency fund. The written budget shall be Struck through passages are deleted. added. --4-- Underlined passages are certified and delivered to the Board of County Commissioners on or before July 1 of each year. Included in each certified budget shall be an estimate of the millage rate necessary to be applied to raise the funds budgeted for expenditures, which millage rate shall not exceed a maximum of 50 cents for each $1,000 of assessed valuation of all properties within the County which are subject to County taxes. (3) The budget of the Children's Services Council so certified and delivered to the Board of County Commissioners shall not be subject to chanqe or modification by the Board of County Commissioners or any other authority. Section 1-10.7-7. Levying of Ad Valorem Taxes. In order to provide funds for the Children's Services Council of St. Lucie County, the Council may levy ad valorem taxes annually on all taxable property in the County in an amoun% not to exceed one-half mill, provided that the authority to levy such taxes has been approved by a majority vote of the electors of the District voting in the County-wide Election to be held in accordance with the requirements of the Constitution and the laws of Florida and as set forth in this ordinance. The tax shall bo assessed, levied, and collected in the same manner and at tho same time as is provided by law for the levy, collection, and enforcement of collection of County taxes. All tax money collected under this ordinance, as soon after the collection Struck through passages are deleted. added. --5-- Underlined passages are 690 e Z669 BOOK thereof as is reasonably practicable, shall be paid directly to the Children's Services Council by the Tax Collector of the County, or the Clerk of the Circuit Court, if he collects delinquent taxes. The moneys so received by the Children's Services Council, shall be deposited in a special bank account, shall be withdrawn only by checks signed by the chair of the Council and countersigned by one other member of the Council, who shall be so authorized by the Council. The Chair and other member of the Council who signs its checks shall each give a surety bond in the amount of one thousand dollars ($1,000.00) which bond shall be conditioned that each shall faithfully discharqe the duties of their office. No other member of th~ Council shall be required to give bond or other security. No funds of the Council shall be expended except by check as aforesaid, except expenditures of petty cash account which shall not at any time exceed twenty five dollars ($25.00). Ali expenditures from petty cash shall be recorded on the books and records of the Children's Services Council. No funds of the Council, except the expenditure of petty cash, shall be expended without prior approval of the council, in addition to th~ budgeting thereof. Section 1-10.7-8. Financial Report. Within ten (10) days after the expiration of each quarter annual period, the Children's Services council shall cause to be ~°~=~'- through passages are deleted. added. --6-- Underlined passages are 690 i~00~ prepared and filed with the Board of County Commissioners a financial report which shall include the following: (a) The total expenditures of the council for the quarter annual period. (b) The total receipts of the Council for the quarter annual period. (c) A statement of funds the Council has on hand or in banks at the end of the quarter annual period. Section 1-10.7-8. Referendum. There is hereby authorized for the October 2, 1990, Election, the calling of a referendum of the qualified electors residing in the County to carry out the purposes and intent of this ordinance,and of Section 125.901, Florida Statutes (1989) and to do all things necessary to implement and fund the Children's Services Council and the independent district created hereby in accordance with the terms of this ordinance and thn laws pertaining to elections. The Board of County Commissioners shall, by Resolution, establish the language of the ballot question. PART B. 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 C. EFFECTIVE DATE. Struck through passages are deleted. added. --7-- Underlined passages are o, 890 I~OOK This ordinance shall become law on July 1, 1990. PART D. 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 AYE Commissioner Jim Minix AYE Commissioner Jack Krieger AYE PART E. 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 through D shall not be codified. PASSED AND DULY ADOPTED by the Board of County Commissioners of County, Florida, on this 24th day of Apr.~ ~ BOARD OF COUNTY ~: ST. LUCIE I't Y 14 Rt0:10 X044500 FILEL~ .~'-~,HFJ F~EC:~F DOUGLAS DIXON C~ Si. LUCRE] COUNT Struck through passages are deleted. added. 8 Underlined passages are 690 72 1036551 ORDINANCE NO. 90-20 AN ORDINANCE AMENDING SECTION 1-20-1 (SP~ED LIMITS) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO ADOPT SPEED LIMITS BY RESOLUTION AND APPROVING AND INCORPORATING ALL PREVIOUS SPEED LIMIT RESOLUTIONS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA; 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. Chapter 316, Florida Statutes, authorizes the Board of County Commissioners to designate speed limits for streets and highways under its jurisdiction. 2. In order to simplify and clarify the procedures for establishing speed limits, this Board believes that speed limits should be established by resolution rather than by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-1 (SPEED LIMITS) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-1 of Article I of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby read as follows: ~ ~' ~ /~-~ ~ ~°~'- ~,,~u=~,.~ passages are deleted. added. 1 am~ed to ~ Underlined passages are Section 1-20-1. Speed limits. (a) The speed limits on all state secondary roads in the county set by the state department of transportation prior to October 1, 1971, are hereby established as the minimum speed limits for such roads. (b) Such roads, if not already posted, shall be posted with clearly legible signs so placed and so painted as to be plainly visible in daytime or in darkness when illuminated by headlights. (c) The Board of County Commissioners of St. Lucie County, Florida, is authorized to adopt speed limits by resolution after undertaking an investigation to determine that such regulation is reasonable and for the benefit of the public health, safety, or general welfare of the citizens of St. Lucie County. (d) Ail previous speed limit resolutions adopted by the Board of County Commissioners of St. Lucie County, Florida, are hereby approved and incorporated as adopted. 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 Struck =~..~..~ passages are deleted. added. --2-- Underlined passages are °" 685 BOOK 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 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: PART G. Chairman R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Judy Culpepper Commissioner Jim Minix Commissioner Jack Krieger CODIFICATION. AYE AYE AYE AYE AYE Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are PASSED AND DULY ADOPTED this 27th day of March, 1990. BOARD OF COUNTY COMMI.~S~pNE,RS sT. LUCRE COUNTY, ~PR -5 ~18 1036551 611 !.L.:i !i : :'~:!~i' ~°=~" ~,,~,,~ passages are deleted. added. -4- Underlined passages are °" 685 BOOK 1043247 ORDINANCE NO. 90-21 AN ORDINANCE AMENDING SUBSECTION 2 OF SECTIONS 3.3.114, 3.3.115, AND 3.3.116, OF THE ST. LUCIE COUNTY ZONING ORDINANCE (APPENDIX A OF THE ST. LUCIE COUNTY CODE OF ORDINANCES) TO PROVIDE FOR MOBILE FOOD VENDORS AS PERMITTED USES IN INDUSTRIAL LIGHT (IL); INDUSTRIAL HEAVY (IH); AND INDUSTRIAL EXTRACTION (IX) ZONING 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. Article VIII, Section l(f), Florida Constitution, and Section 125.01(1)(h), Florida Statutes, authorizes and empowers this Board to establish, coordinate, and enforce zoning regulations as are necessary for the protection of the public. 2. On June 25, 1986, the Board of County Commissioners of St. Lucie County, Florida, amended various sections of the zoning text to provide additional zoning districts for the location of mobile food vendors. 3. In order to include mobile food vendors throughout the appropriate zoning districts, including the principal permitted uses section of IL Industrial Light, IH Industrial Heavy, and IX Industrial Extraction zoning districts, it is necessary to amend Subsection 2 of Sections 3.3.114, 3.3.115, and 3.3.116 accordingly. 4. On March 22, 1990, the St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission Struck =~ ..... ~ passages are deleted. added. --1-- Underlined passages are 690 146 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. 6. 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. 7. On April 24, 1990, 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 Tribune on March 31, 1990. 8. 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 SUBSECTION 2 OF SECTION 3.3.114 (IL INDUSTRIAL LIGHT), SECTION 3.3.115 (IH INDUSTRIAL HEAVY), AND SECTION 3.3.116 (IX INDUSTRIAL EXTRACTION) ZONING DISTRICTS. Subsection 2 of Section 3.3.114, (IL Industrial Light), Section 3.3.115 (IH Industrial Heavy), and Section 3.3.116 (IX Industrial Extraction) zoning districts of the St. Lucie County Zoning Ordinance (Appendix A of the St. Lucie County Code of Ordinances) is hereby amended as follows: Section 3.3,114. (IL Industrial Light). Struck ~..~u=~..~ passages are deleted. added. -2- Underlined passages are o, 690 :[47 I~OOK (2) Permitted uses: (a) (c) (d) (e) (f) (h) (i) (k) (1) (m) (n) (o) (P) Automobile and truck rental services. Contract construction services. Docks and boathouses (private). Electric transmission rights-of-way. Electric regulations substations. Equipment rental and leasing services. Fishing activities and related activities. Freight forwarding services. Gas pipeline rights-of-way. Gas pressure control stations. Gasoline service stations. Gas utility pipelines, rights-of-way substations. Highway and street rights-of-way. Historic and monument sites. Laundering, dry cleaning and dyeing services. Manufacturing: and (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) Apparel and other finished products, except leather and furs. Bakery products. Beverages. Brooms and brushes. Communication equipment. Confectionery and related products. Costume jewelry, costume novelties and notions. Dairy products. Electrical lighting and wiring equipment. Electronic components and accessories. Fabricated structural metal products. Household appliances. Ice. Jewelry, silverware and plated ware. Lamp shades. Miscellaneous plastic products. Mobile homes and accessories. Morticians' goods. Musical instruments and parts. Office computing and accounting machines. Pens, pencils and other office and artists materials. Plastic products, fabrication, molding, cutting, extrusion and injection processing. Prefabricated structural wood products. Professional, scientific, and controlling instruments, photographic equipment and supplies, watches and clocks. Struck ~..~,.~ passages are deleted. added. -3- Underlined passages are BOOK (XXV) (xxvi) (xxvii) (xxviii) (xxix) (xxx) Radio and television receiving sets, except communication types. Sighting and fire control equipment. Signs and advertising displays. Small arms. Toys, amusements, sporting and athletic goods. Umbrellas, parasols and canes. (q) (r) (s) (t) (t) (u) '--' (v) ,., (w) (x) (V) (z) Marine terminals (passenger). Merchandise and vending machine operators. Millwork. Mobile food vendors (eating places, vegetables-retail). Motion picture production and services. Motor freight transportation. Motor vehicle repair and services. Motor vehicle parking. News syndicate services. Other business service. fruits and distribution (aa) Other electric utilities. (bb) Other gas utilities. (cc) Other pipeline and transmission rights-of-way and pressure control stations. (dd) Other transportation and services and arrangements. (ee) Other utilities. (ff) Packing and crating services. (gg) Photo finishing services. (hh) Printing and publishing. (ii) Radio and television broadcasting studios, only ( combined systems ). ( _'J _'J ) Radio broadcasting studios (only) . (kk) Railroad rights-of-way. (11) Rapid rail transit and street rail rights-of-way. (mm) Repair services. (nn) Research and development, and testing services (oo) Ship· boat building and repairing; less than forty- five (45) feet. (DD) Sorting, grading and packaging services. (GG) Taxicab transportation. (rr) Telegraph message centers. (ss) Television broadcasting studios (only). (tt) Warehousing and storage excluding stockyards · ' (uu) Water utilities and irrigation. (vv) Wholesale trade: (i) (ii) (iii) (iv) (v) Motor vehicle and automotive equipment. Beer, wine, and distilled alcoholic beverages. Cotton. Drugs, chemicals and allied products. Dry goods and apparel. Struck ~ ..... ~ passages are deleted added. -4- Underlined passages are (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) Electrical goods. Furniture and home furnishings. Grain. Groceries and related products. Hardware, plumbing and heating equipment, and supplies. Hides, skins and raw furs. Leaf tobacco. Lumber and other building materials. Machinery, equipment, and supplies. Paper and paper products. Tobacco and tobacco products. Wool and mohair. Section 3.3.115. IH Industrial, Heavy. (2) Permitted uses. Any use permitted in the Industrial Light (IL) Zoning District, except that retail trade shall be permitted only as an accessory use, as provided below: (a) (b) (c) (d) (e) (f) Agricultural processing. Armature rewinding services. Drawing and insulating of nonferrous wire. Docks and boathouses (private). Dwelling and other building services. Electric utility, except electric plants. (g) Equipment rental and leasing services. (h) Fishing activities and related services. (i) Freight forwarding services. (j) Fur dressing and dyeing. (k) Gas pipelines rights-of-way. (1) Gas pressure control stations. (m) General contract construction services. (n) Highways and street rights-of-way. (o) Historic and monument sites. (p) Laundering, dry cleaning and dyeing services. (q) Mail order house, retail. (r) Manufacturing: generation (i) (ii) (iii) (iv) (v) (vi) Agricultural chemicals. Apparel and other finished products. Brooms and brushes. Concrete, gypsum and plaster products. Costume jewelry, costume novelties and notions. Fabricated metal products (except ammunition and complete assembly of guided missiles and space vehicles and other ordinance and accessories). Struck through passages are deleted. added. -5- Underlined passages are (vii) Food and kindred products: (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) ~ .... ) ( xviii ) ~ ..... ) ( xix ) ,~, (xx) (x×) (xxi) (xxi) (xxii) % ~ v ; XXV ~v, (xxvi) (xxvi) (xxvii) (x'xv±i) (xxviii) ('xxvili) (xxix) , .... ) ( xxx ) ( xxx ) ( xxxi ) a. Bakery products. b. Beverages. c. Canning and preserving of vegetables and seafoods. d. Confectionery and related products. e. Dairy products. f. Grain mill products. g. Meat products. h. Sugar. i. Other food preparations and products. fruits, kindred Fur dressing and dyeing. Furniture and fixtures. Guns, howitzers, mortars and equipment. Jewelry, silverware and platedware. Lamp shades. Linoleum, asphalted felt-base and surface floor cover. Lumber and wood products (except furniture), except logging camps and logging contractors. Medicinal chemicals and botanical products. Mobile and modular housing. Mobile food vendors (eating places, fruits and vegetables - retail). Morticians goods. Musical instruments and parts. Paper and allied products (except pulp manufacturing). Pens, pencils and other office and artists' materials. Plastics materials and synthetic resins, synthetic rubber, synthetic and other manmade fibers (except glass). Pharmaceutical preparations. Professionals, scientific and controlling instruments; photographic and optical goods; watches and clocks. Rubber and miscellaneous plastic products (except reclaiming rubber). Sighting and fire control equipment. Signs and advertising displays. Small arms. Soap, detergents and cleaning preparations; perfumes, cosmetics and other toilet preparations. Stone, clay and glass products. Tanks and tank components. related other Struck ~ ..... ~ passages are deleted added. -6- Underlined passages are BOOK ~ .... , xxxii (xxxll) (xxxiii) (xxxlii) (xxxiv) , ....., ~xxxv~ Textile mill products. Tobacco products. Toys, amusements, sporting goods and athletic goods. Umbrellas, parasols and canes. (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (33) (kk) (ll) (mm) (nn) (oo) Marine terminals. Merchandise vending machine operators. Mining services. Motion picture production and distribution services. Motor freight transportation. Motor vehicle repair and services. Motor vehicle parking. News syndicate services. Other business services, NEC. Other gas utilities, NEC. Other transportation services and arrangements. Other utilities. Packing and crating services. Petroleum pipeline rights-of-way and pressure control stations, NEC. Photofinishing services. Printing and publishing and allied industries. Railroad rights-of-way. Rapid rail transit and street railway rights-of- way. Research, development, and testing services. Taxicab transportation. Warehousing and storage services, except stockyards. Water utilities and irrigation. Wholesale trade: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) Beer, wine and distilled alcoholic beverages. Drugs, chemicals and allied products. Dry goods and apparel. Electrical goods. Farm products (raw materials). Furniture and home furnishings. Groceries and related products. Hardware, plumbing and heating equipment and supplies. Lumber and construction materials. Machinery, equipment and supplies. Metals and minerals (except petroleum and scrap). Motor vehicle and automotive equipment. Paper and paper products. Petroleum bulk stations and terminals. Tobacco and tobacco products. Struck ~,,~,~ passages are deleted. added. -7- Underlined passages are Section 3.3.116. IX Industrial, Extraction. (2) Permitted uses: (a) Docks and boathouses (private). (b) Drainage rights-of-way. (c) Electricity regulating substations. (d) (e) (f) (g) (h) (i) ~ (k) ,~, (1) (1) (m) Electric transmission rights-of-way. Highway and street rights-of-way. Historic and monument sites. Gas pipeline rights-of-way. Gas pressure control stations. Mining activities and related services. Mobile food vendors (eating places, fruits and vegetables - retail). Pipeline right-of-way and pressure control stations. Railroad rights-of-way (excluding switching and marshalling yards). Rapid rail transit and street railway rights-of- way. Water utilities and irrigation. 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. ...... through passages are deleted. added. -8- Underlined passages are o 69.0 153 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 O. Chairman R. Dale Trefelner Vice Chairman Havert L. Fenn Commissioner Judy Culpepper 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 B through G shall not be codified. PASSED AND DULY ADOPTED this 24th day of April, 1990. Struck ~..~..~ passages are deleted. added. -9- Underlined passages are ATTEST: DEPUTY GLERK £ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, BY: . APPROVED AS TO FORId3AND. Struck =~,,~,,~ passages are deleted. added. -10- Underlined passages are o, 690 ~c~ 1.55 BOOK , 1050249 ORDINANCE NO. 90-22 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 ADDING THE DEFINITION OF WATER OR SEWER UTILITY; BY AMENDING SUBSECTION (3) (SITE PLAN TECHNICAL REVIEW COMMITTEE) OF SECTION 5.1.300 (SITE PLAN REVIEW) BY ADDING THE COUNTY UTILITIES DIRECTOR AS A REPRESENTATIVE TO THE SITE PLAN TECHNICAL REVIEW COMMITTEE; BY AMENDING SUBSECTION (6) (CONDITIONS ON SITE PLAN APPROVAL) OF SECTION 5.1.300 (SITE PLAN REVIEW) BY ADDING A NEW SUBSECTION (e) (WATER AND SEWER IMPROVEMENTS) TO REQUIRE THAT THE APPLICANT CONSTRUCT AND DEDICATE DRY WATER AND SEWER LINES AND TO ALSO REQUIRE CONNECTION TO A REGIONAL WATER AND SEWER SYSTEM WHEN THE SYSTEM BECOMES AVAILABLE AND RELETTERING THE EXISTING SUBSECTIONS CONSECUTIVELY; AND FURTHER BY AMENDING SECTION 5.1.300 (SITE PLAN REVIEW) BY CHANGING THE TITLE OF THE DEVELOPMENT COORDINATOR TO COMMUNITY DEVELOPMENT DIRECTOR THROUGHOUT FOR CONSISTENCY; 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. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Regulations should be established that require developers of site plans to install and construct dry water and sewer lines, since proliferation of package treatment facilities and on-site sewage disposal facilities is potentially hazardous to the health, safety and welfare of the citizens of St. Lucie County. Requirements that encourage connection to central water and sewer systems should also be established. Struck =~ ..... ~ passages are deleted added. --1-- Underlined passages are E, OOK 2. The provisions of this Ordinance are consistent with the St. Lucie County Comprehensive Plan including but not limited to Policies 1.1.3.3(g), 1.1.4.7, 1.1.4.8, 6.A.1.2.7 and 6.A.1.4.2. 3. On April 26, 1990, the St. Lucie County Local Planning Agency and the St. Lucie County Planning and Zoning Commission held a public hearing after due notice and determined that the proposed ordinance is consistent with the St. Lucie County Comprehensive-Plan and recommended that the Board of County Commissioners approve the proposed ordinance. 4. On June 5, 1990, the Board of County Commissioners of St. Lucie Coqnty, Florida, held a public hearing~ on the proposed ordinance after publishing-notice in The Tribune on May 7, 1990. 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 by adding the definition of water or sewer utility after the definition of wall sign as follows: Section 2.2.000. Definitions. Water or sewer utility: As used by this ordinance a water or sewer utility shall mean a water or sewer utility which is providing water or sewer service to one hundred (100) or more Dersons for comDensation. Struck =~ ..... ~ passages are deleted added. --2-- Underlined passages are 694 c 2553 E~OOK PART B. AMENDMENT OF SUBSECTION (3) (SITE PLAN TECHNICAL REVIEW COMMITTEE) OF SECTION 5.1.300 (SITE PLAN REVIEW). Subsection (3) (Site Plan Technical Review Committee) of Sec~i°~--5~i.300 (Site Plan Review) of Appendix A of the Code of Lucie County, Florida, is hereby amended as Ordinances of St. follows: Section 5.1.300. Site Plan Review. (3) Site Plan Technical Review Committee. The site plan technical review committee shall include representatives for the ~ ~ ltv lop t di ecto the development .... ~ .... ~ ~.,~ ~ commun deve men r r, county engineer, the county utilities director, and the St. Lucie County - Fort Pierce Fire Prevention Bureau, as necessary, and ~ffi = ity such other ces as the ~ .......... ~ .... :--~-- development director shall deem appropriate. PART C. AMENDMENT OF SUBSECTION (4) (SITE PLAN REQUIREMENTS) OF SECTION 5.1.300 (SITE PLAN REVIEW). Subsection (4) (Site Plan Requirements) of Section 5.1.300 (Site Plan Review) of APpendix A of the Code of Ordinances of St. Lucie County, Florida, is hereby amended as follows: Section 5.1.300. Site Plan Review. (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 development coordinator community development director for the reasonable review of the proposed development. ~--'-~" ~,,~w,.--"~ passages are deleted. added. --3-- Underlined passages are (ii) For nonresidential include: development this shall me Any other information deemed necessary by .... ~ .... ity the ~ .......... ~ .... d .... t~ commun development director for the reasonable review of the proposed development. (b) Site plan drawings. Ail 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 development coordinator community development director for the reasonable review of the proposed development. (g)' Transportatibn impact report: (i) Applicability. Whenever submission of a site plan is required, a transportation impact study shall be provided for any proposed residential development exceeding forty-nine (49) dwelling units, or any proposed development on North or South Hutchinson Island. The board of county commissioners shall authorize total or partial relief from thee requirement of a transportation impact study if it finds, after receiving the recommendation of the site plan technical review committee and based on conditions peculiar to the proposed development, that the information foregone by such relief is not needed to determine the roadway, traffic control, and access improvements that should be undertaken to accommodate the additional traffic generated by the proposed development. Transportation impact reports shall be required for the following categories of developments exceeding the following thresholds: Type of Use Transportation Impact Report Threshold Struck ~ ..... ~ passages are deleted added. --4-- Underlined passages are oo 694 9. Medical: Medical offices .......... 6,000 square feet Hospitals and clinics .... 17,000 square feet .... Nursing homes ............ 129 beds 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 Data Inventory and File. ......... ~u~d .... tu~ community The development director shall keep a file of all traffic studies, including the capacity allocated for each approved project. In determining the pro3ected demand in sub- subparagraph 4(g)(iii)(g). above, the impact analysis shall include trip already allocated in previous development approvals. The county shall provide information when appropriate data-- already exists and is available in order to prevent duplication. PART D. AMENDMENT OF SUBSECTION (6) (CONDITIONS ON SITE PLAN APPROVAL) OF SECTION 5.1.300 (SITE PLAN REVIEW). Subsection (6) (Conditions on Site Plan Approval) of Section 5.1.300 (Site Plan Review) of Appendix A of the Code of Ordinances of St. Lucie County, Florida, is hereby amended as follows: Section 5.1.300. Site Plan Review. (6) Conditions on site plan approval. The board of county commissioners shall attach any reasonable condition, limitation, or requirement to a site plan approval as is necessary to effectuate the purposes of this section and to carry out the spirit and purpose of the zoning regulations and the St. Lucie County Growth Management Policy Plan. Such conditions shall be set forth expressly in the resolution approving the site plan. Struck ~,~,,~ passages are deleted. added. --5-- Underlined passages are 694 Impact on school system. For residential developments, a site plan shall not be approved unless the applicant has received from the School Board of St. Lucie County written confirmation of ___the anticipated financial impact of the · - development upon the county school system and the applicant agrees to pay to the School Board an amount equal to the anticipated financial impact. The board of county commissioners shall authorize total or partial relief from the requirement to pay the amount specified by the School Board if it finds that the proposed development would have a lesser financial impact on the county school system. (b) (c) Maintenance of Level of Service C annually or D in -the peak season. Whenever level of service, either existing or as a result of traffic generated by a proposed development, is determined to be below Level of Service C annually or D in the peak season, the site plan shall not be approved except upon the condition that the applicant make the roadway-or ~other improvements necessary t° maintain Level of Service D in the peak season, or make an equitable contribution toward such improvements. Traffic-control devices. Whenever, as the result of additional traffic generated by a proposed development, it is determined based on the Manual on Uniform Traffic-Control Devices that there is a need for installation of traffic-control devices (including traffic signals, signing, and pavement markings), the site plan shall not be approved except upon the condition that the applicant be responsible for installing all said devices and signs, or make an equitable contribution toward such installation. (d) Access improvements. A site plan shall not be approved except upon the condition that the applicant provide the access (ingress and egress) improvements determined to be necessar~ as a result of traffic generated by the development. (e) Water and sewer dry line improvements. If the proposed development is within a water or sewer utility's five (5) year service area, the developer shall construct and dedicate to the county, or at the County's discretion, the applicable service provider dry water and sewer Struck =~ ..... ~ passages are deleted added. --6-- Underlined passages are 694 ^c 2857 BOOK lines in accordance with standards and specifications of the County and the applicable service provider. A site plan shall not be approved except upon the condition that the _development connect to a regional potable water ..... distribution and/or wastewater collection system when the system becomes available to service the development. ~ (f) Timing of building permits or occupancy. If the proposed development, together with existing and previously approved development, will necessitate roadway or other improvements to maintain Level of Service C annually or D during peak season, or will require traffic-control devices or access improvements, a site plan shall not be approved except upon the condition that building permits or certificate of occupancy not be issued until after such improvements or traffic control devices are installed. The board of county commissioners shall authorize relief from the requirement of postponed building permits or certificates of occupancy (by phasing issuance of building permits or certificates of occupancy over an appropriate time period or otherwise) if it finds, after receiving the recommendation of the site plan technical review committee and based on conditions peculiar to the proposed development, that such relief will not adversely affect traffic conditions. ,~, (q) Projects requiring other regulatory approval. For developments requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the board of county commissioners shall not approve unconditionally a site plan until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. The board of county commissioners m~y approve a site plan conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the findings required in paragraph (5)(f){-e-} of this section) or from protesting the permit application. Struck =~,,~,~ passages are deleted. Underlined passages are added. --7-- oo 694 +g-} (h) Reduction in maximum residential density. The board of county commissioners shall require a reduction from the maximum density permitted in the zoning district in which a proposed development is to be located when such allowable -- maximumresidential density: (i) Would impose an excessive burden, as determined by recognized engineering or other professional standards, on public facilities that would serve the proposed development; or (ii) Would contravene any applicable provision of the St. Lucie County Growth Management Policy Plan, or of Chapter VIII, "Natural Environment Analysis," of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc., (August 1982). PART F. AMENDMENT OF SUBSECTION (7) (MODIFICATION OF SITE PLAN) OF SECTION 5.1.300 (SITE PLAN REVIEW). Subsect£°n (7) (Modification of Site Plan) of Section 5.1.300 (Site Plan Review) of Appendix A of the Code of Ordinances .of St. Lucie County, Florida, is hereby amended as follows: Section 5.1.300 (Site Plan Review). (7) Modification of site plan: (b) The ~ .......... ~ .... ~:--~-- ity d lop t ~.~.~..~,.~ ~~,~ ~ commun eve men director 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) Change the use or character of the development. (ii) Increase the overall coverage or height of structures by more than ten (10) per cent. °~ .... "through passages are deleted. added. --8-- Underlined passages are (iii) Reduce the approved open space or increase the impervious surface by more than ten (10) per cent. (iv). _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 county~ ......... ~ ~ --AA-- ~ ~--~ ~---- community development director. PART G. AMENDMENT OF SUBSECTION (8) (PROCEDURES) OF SECTION 5.1.300 (SITE PLAN REVIEW). Subsection (8) (Procedures) of Section 5.1.300 (Site Plan Review) of Appendix A of the Code of Ordinances of St. Lucie County, Florida, is hereby amended as follows: Section 5.1.300. Site Plan Review. (8) Procedures: (a) . Application for site development plan approval. All applications for site plan approval shall be itted .... ~ it¥ subm to the dev~lopm~nt~~..~ --tot commun development director in accordance with the provisions of this section. No application shall be deemed to be complete and officially filed until all information required by the provisions of this subsection has been submitted, accompanied by a nonrefundable fee according to a schedule established by resolution of the board of county commissioners. (b) by Review the ~. ~ ~ ~.,,~,, development director: (i) Within twenty (20) days after submission of the application for site plan approval, the ~ .......... ~--AA--~----~---- community development director shall review the application and determine if it is complete. If the ~ ~ community development d~v~Iopm~nt .... : director determines that the application is not complete, he shall send a written statement specifying the deficiencies to the ~°~'- through passages are deleted. added. --9-- Underlined passages are ° 894 BOOK applicant by mail. The developm~nt .... d .... t~ community development director shall take no further action unless the deficiencies are remedied. (ii) When the~ ......... v~.,~-~ coor~:-~tor~-~ community development director determines that the application for site plan approval is complete, the site plan technical review committee shall review the application, make a report, and notify the board of county commissioners that the application is ready to review. (c) Review and commissions: (iv) action by the board of county Notification of the board of county commissioners' decision shall be mailed to the applicant and filed with the office of .... ~ .... ity the ~ .......... ~ .... d .... t~ commun development director in accordance with Section 5.1.200(6). PART ~. 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 I. 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. ~& .... 1.~ ..... ~ deleted ~ ~, ~~ passages are . added. -10- Underlined passages are PART J. 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 K. 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 L. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART M. Chairman R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Judy Culpepper Commissioner Jack Krieger Commissioner Jim Minix CODIFICATION. Aye Absent 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 H through M shall not be codified. PASSED AND DULY ADOPTED this 5th day of June, 1990. Struck ~..~u~,,~ passages are deleted. added. -11- Underlined passages are : 2862 '90 JUN12 A9:3 1050249 DOUGI ;-,S (~iXON S1 i_.UCi~: ~;N1 °~ .... ~' through passages are deleted. added. -12- Underlined passages are ~o~69'i ~2~63 1052954 ORDINANCE NO. 90-23 AN ORDINANCE AMENDING CHAPTER 1-? (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; BY ADDING AND CHANGING CERTAIN SERVICE CHARGES UNDER SECTION 1-?-2 (CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES); AND SECTION 1-?-4 (COUNTY COURT CIVIL DIVISION CHARGES AND COSTS); PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 28.24, 28.241 and 34.041, Florida Statutes (1987) authorizes the Board to fix service charges in excess of those charges fixed in Florida Statutes and to expend such excess in providing and maintaining facilities, including a law library or to provide or maintain a legal aid program. 2. Due to the changes of court fees by the 1989 Florida Legislative Session which increases the charges for services rendered by the Clerk of the Circuit Court effective July 5, 1989, it is necessary to amend Ordinance No. 87-62 to increase existing service charges. 3. The increase in service charges will benefit the health, safety and welfare of the citizens of St. Lucie County by providing additional funding of the court. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-7-2. CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES. Struck ~ ..... ~ passages are deleted added. --1-- Underlined passages are Section 1-7-2 (Circuit Court - Civil Division Service Charges) is hereby amended to read as follows: Section 1-7-2. Circuit Court - Civil Division Service Charges. The party instituting any civil action, suit or proceeding in the circuit court shall pay to the clerk of the court service charges as follows: (a) For filing all civil actions (over five thousand dollars (S5,000.00)): *Clerk's service charge ................. Legal aid ............................... Law library ......................... State civil action fees ~ ~ ~ Court facility charge ................... State court education trust fund ........ S 40.00 -- 0 -- S 10.00 S 6.OO S 20.0O $ 1.50 Total ~A 50 $ 77 50 *This service charge is for up to and including five (5) defendants. If there are more than five (5) defendants, there is an additional charge of two dollars (82.00) for each additional defendant. (b) Additional charge for proceeding of garnishment, attachment, replevin, and distress ............................ $ 35.00 (c) Additional charge to be paid by the party seeking each severance that is granted .. ~, (d) For filing petition for dissolution of annulment: $ 10.00 marriage or Clerk's service charge .................. Legal aid ............................... Law library ............................. State civil action fees $ ~ Court facility charge ................... HRS Fee .................. State cou~%'~duca%i~n tr~st fu~d ..~ Filing of Final Judgment of Dissolution of Marriage service charge ............... Total ............................ . $S8.~=n $ 40.00 -- 0 -- $ 10.00 $ 6.00 S 20.00 $ 5.00 S 1.50 $ 7.00 $ 89.50 Struck ~**~w..~ passages are deleted. added. --2-- Underlined passages are ~ (e) For filing notice of appeal: Service charge to district court of appeal and state supreme court ~ Service charge to clerk of the circuit court ....................... Certified copy of notice of appeal for district court .................. $250.00 $ 75.00 $ 2.00 Section 1-7-3. Circuit Court - Probate and Guardianship Division Service Charges. The service charges of the clerk of the circuit court for filing probate and guardianship cases are as follows: (a) For the opening of any estate of one document or more, including but not limited to petitions and orders to approve settlement of minor's claims; to open a safe deposit box; to enter rooms and places; for the determination of heirs if not formal administration and for a foreign guardian to manage property of a nonresident, but not to include issuance of letters or order of summary and family administration: Clerk's service charge ................... $ 20.00 Legal aid .................. - 0 - Law library ~[[[~ ..... [[[ ~[~ .~. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 35.00 (b) Caveat: Clerk's service charge ................... $ 15.00 Legal aid ................................ - 0 - Law library _ $ 10.00 Court facility charge ............. $ 5.00 Total .................................... $ 30.00 (c) Petition and order to admit foreign wills, authenticated copies, exemplified copies or transcripts to record: Clerk's service charge ................... $ 30.00 Legal aid ................................ - 0 - Law library .............................. $ 10.00 Struck through passages are deleted. added. --3-- Underlined passages are (d) Court facility charge .................... $ 5.00 Total .................................... $ 45.00 For disposition administration: of personal property without Clerk's service charge ................... Legal aid ........ $ 20.00 -- 0 -- S 2.00 $ 3.00 Total .................................... $ 25.00 (e) Summary administration: Clerk's service charge ................... $ 35.00 Legal aid ................................ - 0 - Law library .............................. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 50.00 (f) Family administration: (g) Clerk's service charge ................... $ 45.00 Legal aid ................................ - 0 - Law library .............................. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 60.00 Formal administration guardianship, curatorship or conservatorship proceedings: ancillary, Clerk's service charge ................... $ 75.00 Legal aid ................................ - 0 - Law library .............................. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 90.00 (h) Guardianship proceedings of person only: Clerk's service charge ................... $ 25.00 Legal aid ...................... ... .. .. ... - 0 - Law library ............. $ 10.00 Court facility charge .................... $ 5.00 Total .................................... $ 40.00 Struck added. through passages are deleted. --4-- Underlined passages are E, OOK (i) Veteran administration guardianship pursuant to Chapter 744, Florida Statutes: Clerk's service charge ................... $ 25.00 (3) Exemplified certificates: Clerk's service charge ................... $ 4.00 Cover sheet .............................. $ 1.00 Total .................................... 8 5.00 (k) Petition for determination of incompetency: PART B. Clerk's service charge ................... 8 25.00 Legal aid ..................... - 0 - .......... 8 10.00 Law library .......... ~~.~.~ $ Court facility charge 5.00 Total .................................... 8 40.00 AMENDMENT OF SECTION 1-7-4. CHARGES AND COSTS. COUNTY COURT CIVIL DIVISION Section 1-7-4 (County Court Civil Division Charges and Costs) is hereby amended to read as follows: Section 1-7-4. County Court Civil Division Charges and Costs. Upon the institution of any civil action or proceeding in county court, the plaintiff, when filing his action or proceeding shall pay the following service charges: (a) Claims of less than one hundred dollars 8100.00): Filing fee ............................... 8 10.00 Legal aid.___ ........................... - 0 - Court facility . ~ $ 2.00 Law library .............................. $ 2.00 Court education trust .................... 8 1.50 State court cost ......................... $ 5.00 Total ............................. ~ 8 20.50 (b) Claims of one hundred dollars (8100.00) or more but less than two thousand five hundred dollars (82,500.00): Filing fee ............................... 8 25.00 Struck through passages are deleted. added. -5- Underlined passages are °" 898 o ZSgZ Legal aid - 0 - Court facility ........................... $ 7.00 Law library .............................. $ 2.00 Court education trust .................... $ 1.50 State court cost ......................... $ 5.00 Total . .. ~5 =~ $ 40.50 (c) Claims of more than two thousand five hundred dollars (82,500.00): Filing fee ............................... $ 35.00 Legal aid ................................ - 0 - Court facility ........................... $ 12.00 Law library .............................. $ 2.00 Court education trust .................... $ 1.50 State court cost ......................... $ 5.00 Total .............................. 8ra8~=-58 $ 55.50 (d) Removal of tenant (eviction): Filing fee ............................... Legal aid ........................ Court facility .~ .~'' .. ' ..~. Law library ................... State court cost ......................... $ 35.00 -- 0 -- $ 4.00 $ 5.00 $ 1.50 $ 5.oo Total .............................. ~ $ 50.50 (e) Additional charge for proceeding of garnishment, attachment, replevin and distress ............................. $ 35.00 (f) Notice of appeal (two (2) separate payments)*: Filing notice of inferior court, county court. ...................... $75.n~vv $ 50.00 Filing notice to higher court, circuit court ~=n 00 $ 75 00 *These charges do not include service charge for certified copy of notice of appeal to the circuit court. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to Struck added. through passages are deleted. --6-- Underlined passages are 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 July 5, 1989. PART G. ADOPTION. After motion and second the vote on this ordinance was as follows: Commissioner R. Dale Trefelner AYE Vice Chairman Havert L. Fenn AYE Commissioner Judy Culpepper AYE Chairman Jack Krieger AYE Commissioner Jim Minix AYE Struck =~..~,.~ passages are deleted. added. -7- Underlined passages are 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 C through H shall not be codified. PASSED AND DULY ENACTED this 12th day of June, 1990. BOARD OF COUNTY COMMI: ST. LUCIE COUNTY, BY: ~'-~-]~ APPRO~ AS TO FORM AND~/ ':' ~ "~ ~ORRF~TNESS: /~ ~ Struck through passages are deleted. added. -8- Underlined passages are 696 104714 ORDINANCE NO. 90-24 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 TUMBLIN KLING ROAD WITHIN FOUR HUNDRED (400) FEET WEST OF ITS INTERSECTION WITH U. S. HIGHWAY 1; DIRECTING THE COUNTY ROAD AND BRIDGE DIRECTOR TO POST NO PARKING SIGNS ALONG THE ABOVE DESCRIBED ROAD; 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 Tumblin Kling Road within four hundred (400) feet West of its intersection with U. S. Highway 1. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 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: Struck through passages are deleted. added. --1-- Underlined passages are Section 1-20-17. Parking restricted on certain streets. (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) intersection with Angle Road. feet of its "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. "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. Struck through passages are deleted. added. -2- Underlined passages are BOOK "Glades Cut-Off Road," within three hundred-fifty (350) feet in all directions of its intersection with Midway 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. "Midway Road," within three hundred-fifty (350) feet in all directions of its intersection with Glades Cut-Off Road. "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 State Farmers Market southerly approximately 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. "Tumblin Klinq Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "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. Struck ~ ..... ~ passages are deleted added. -3- Underlined passages are (c) (d) 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. 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. Struck through passages are deleted. added. --4-- Underlined passages are 692 ~,OOK 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 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: Chairman R. Dale Trefelner AYE Vice-Chairman Havert L. Fenn. AYE Commissioner Judy Culpepper ABSENT 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 renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. ~°~ .... ~" ~-.~ ..... ~w..~ passages are deleted. added. --5-- Underlined passages are ° "' 692 ~OOK FASSED AND DULY ADOPTED this 15th day of May, 1990~. ATTEST BOARD OF COUNTY CO~.~SSi'0NERsk*'' ST. LUCTE COUNT¥~v FLORID/F BY' ;~ ..... ., / . Struck ~ ..... ~ passages are deleted added. --6-- Underlined passages are OR oo 692 r 2494 1056901 ORDINANCE NO. 90-25 AN ORDINANCE AMENDING CHAPTER 1-7 (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; BY ADDING ARTICLE III (FAMILY MEDIATION SERVICE); ESTABLISHING A FAMILY MEDIATION SERVICE; PROVIDING FOR A PURPOSE; PROVIDING FOR ADMINISTRATION; PROVIDING FOR FUNDING; 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 PRVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 44.101, Florida Statutes, authorizes counties to establish a family mediation service to assist parties in resolving any controversy involving the family and authorizes the Board of County Commissioners to levy a service charge of no more than two ($2.00) dollars on circuit court proceedings to support such mediation service. 2. The Board of County Commissioners of St. Lucie County, Florida, believes that the public health, safety, and welfare of the residents of the County will be promoted by the establishment of a family mediation service to assist parties in resolving controversies involving the family. 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 699 BOOK PART A. AMENDMENT OF CHAPTER 1-7 (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES. Chapter 1-7 (Courts) of the St. Lucie County Code of Ordinances is hereby amended by adding Article III (Family Mediationn Service) to read as follows: CHAPTER 1-7 COURTS ARTICLE III. FAMILY MEDIATION SERVICE Section 1-7-30. Establishment of Family Mediation Service. The Board of County Commissioners of St. Lucie County, Florida, does hereby establish a St. Lucie County Family Mediation Service pursuant to Chapter 44, Florida Statutes. Section 1-7-31. Purpose. The purpose of the St. Lucie County Family Mediation Service shall be to assist parties in resolvinq controversies involving the family, as authorized by Chapter 44, Florida Statutes. Section 1-7-32. Administration. The St. Lucie County Family Mediation Service shall be administered by the Chief Judge of the Nineteenth Judicial Circuit under such rules and orders as he shall promulgate. Section 1-7-33. Funding. The Board of County Commissioners of St. Lucie County, Florida, does hereby levy a service charge of two ($2.00) dollars on all civil circuit court proceedings commenced in St. Lucie County. Struck ~ ..... ~ passages are deleted added. --2-- Underlined passages are Section 1-7-34. Collection. The service charqe imposed by Section 1-7-33 shall be collected by the Clerk of the Court at the time the proceeding is filed. The funds so collected shall be remitted to the Board of County Commissioners monthly, to be utilized for the support of the family mediation service established in Section 1-7-30. 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. Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are 699 PART E. EFFECTIVE DATE. This ordinance shall take effect on July 1, 1990. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Commissioner R. Dale Trefelner AYE Vice Chairman Havert L. Fenn AYE Commissioner Judy Culpepper AYE Chairman 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, however, that Parts B through G shall not be codified. PASSED AND DULY ENACTED this 26th day of June, 1990. BOARD OF COUNTY COMMISSI¢ ST. LUCIE COUNTY, deleted passages are . added. --4-- Underlined passages are 2656 i050250 ORDINANCE NO. 90-028 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FILE NO.: PA-90-001 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY COMPREHENSIVE PLAN, ORDINANCE NO.: -90-i, -- - BY CHANGING THE LAND USE DESI GNATI ON OF THE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MIDWAY ROAD AND SOUTH 25TH STREET (MORE PARTICULARLY DESCRIBED HEREIN) FROM RU (~ESIDENTIAL URBAN) TO COM (COMMERCIAL); MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVI DING FOR CONFLI CTI NG PROVI SI ONS AND SEVERABI LI TY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATEAND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of Lucie County, Florida, has made the following determinations: St. 1. Robert C. Fender, Sr., Robert C. Fender, Jr., and ~David A. Fender, by Agent Frank H. Fee, III, Esq., presented a petition to amend the future land use classification set forth in the St. Lucie County Comprehensive Plan from RU (Residential Urban) to COM (Commercial) for the property described below. held a noti c e not i fyi ng The St. Lucie County Planning and Zoning public hearing on the petition, after at least fifteen (15) days prior to the hearing by mail owners of property within five hundred (500') of the subject property, and has recommended that Board amend the future land use classification set forth in Growth Management Policy Plan from St. Lucie County (Residential Urban) described below. to COM (Commercial) for the , ~ ___ : .... ?t Lu~e C'~ " To~ ~ Commission publishing and feet the the RU property OR oo 694 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. On May 22, 1990, this Board held a public hearing on the petition, after publishing a notice of such hearing in the Fort Pierce News Tribune on May 2, 1990, and notifying by mail -'-all - owners - of property within 500 feet of the subject property. NOW, THEREFORE, BE I T RESOLVED by the County Commissioners of St. Lucie County, Florida: Board of CgANGE XN F~NIRE T.&NDUSE 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 legal description) owned by Robert C. Fender, Sr., Robert C. Fender, Jr., A. Fender, be, and the same is hereby changed (Residential Urban) to COM (Commercial). and David from RU change policies and objectives Comprehensive Plan. F~"nING OF CONSISTENCY This Board specifically determines that the in the future land use plan is contained in approved consistent with the the St. Lucie County hereby i n the Cwaw~$ TO ZONING AT,as. The St. Lucie County Community Development Director is authorized and directed to cause the changes to be made St. Lucie County Zoning Atlas and to make notation of BOOK 1 2 3 4 5- 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reference to the date of adoption of this ordinance. D.~ CONFLICT!__NGPROVI$ION$- Special acts of the Florida Legislature applicable only' to unO'co'orated-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. held E. SEVERABIL~TY. If any- portion of this ordinance is for any or declared to be unconstitutional, inoperative or reason 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, circumstances, such holding shall not effect its to any other person, Property or circumstances. property, or applicability F. AppT~CaRTLITYOF ORDINANCE., This ordinance shall be Paragraph A. applicable as stated in G. FiT~NG~ITH T~R DEp~R~WRNT OF $~ATE. 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. FI~NG WI~ T~R DEp~R~R~T QF C0~T~ AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne °" 694 ,^ 2866 [~OOK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE, This._~ord/nance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. ADOPTI ON. After motion and second, the vote on this ordinance was as .follows: Chairman R. Dale Trefelner ABSENT Vice-Chairman Havert Fenn AYE Commissioner Judy Culpepper AYE Commissioner Jack Krieger ABSENT Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 22nd day of May, 19'90. ATTEST:.. ~.~, .. BOARD OF COUNTY ,~ ~ ST. LUCIE COUNTY, APPROVED AS TO ~UNTY :Y 694 E, OOK Begin at the Northeast corner of the North 340 feet of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 5~ Township 36 South, Range-40 East, less the North 40 feet and the East 35 feet for road rights-of-way, thence run West along the Southerly right-of-way of West Midway Road (White City Road) a distance of 210.5 feet, thence run South on a line parallel to the -West right-of-way, of South 25th Street (Hawley Road) a ~i~ance-°f- 145.'0 feet, thence run Easterly on a line parallel to the South right-of-way line of West Midway Road (White City Road) a distance of 210.5 feet to the West right-of- way line of South 25th Street (Hawley Road), thence run Northerly along said right-of-way to the Point of Beginning. LESS AND EXCEPTING THEREFROM the following: 1. Begin at the Northeast corner of the North 340 feet ,-of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 5, Township 36 South, Range 40 East, 'less the North 40 feet and the East 35 feet for road rights-of-way, thence run West along the Southerly right-of-way of West Midway Road (White City Road) a distance of 175 feet, thence run South on a line parallel to the West right-of-way of South 25th Street (Hawley Road) a distance of 125.0 feet, thence run Easterly on a line parallel to the SOuth right-of-way line of West Midway Road (White City Road) a distance of 175 feet to the West right-of-way line of South 25th Street (Hawley Road), thence run Northerly along said right-of-way to the Point of Beginning. e The West 35.5 feet and the South 20.0 feet of the above described real property that falls within the Order of Taking entered on December 14, 1989, in that certain civil action entitled St. Lucie County, etc., vs. Robert C. Fender, Sr., et al., Case No. 89-1490-CA-05 before the Circuit Court in and for St. Lucie County, Florida. ,,^o 2868 1065220 ORDINANCE NO. 90-31 AN ORDINANCE AMENDING CHAPTER 1-7.6 TO ADD ARTICLE IV REGULATING MARINE SANITATION; PROVIDING A STATEMENT OF PURPOSE; PROVIDING DEFINITIONS; MAKING IT UNLAWFUL TO DISCHARGE UNTREATED DOMESTIC SEWAGE WASTES, GARBAGE, TRASH OR WASTE INT0 THE WATERS OF THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY; ESTABLISHING MOORING RESTRICTIONS; PROVIDING REQUIRED MARINA SANITATION FACILITIES; PROVIDING PUMP-OUT RECEIPT REQUIREMENTS; PROVIDING ENFORCEMENT; PROVIDING PENALTIES; PROVIDING EXCEPTION; PROVIDING SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING APPLICABILITY OF ORDINANCE; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR FILING WITH DEPARTMENT OF ENVIRONMENTAL REGULATION; PROVIDING 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. Article VIII, Section l(f) of the Florida Constitution, and Section 125.01(k), Florida Statutes, authorize and empower the Board of County Commissioners to establish, coordinate, and enforce ordinances for the regulation of waste and sewage collection and disposal; and 2. Section 327.60(2), Florida Statutes, empowers the Board of County Commissioners to enact and enforce regulations which prohibit or restrict the mooring or anchoring of floating structures or live-aboard boats within its 3urisdiction. 3. The Board of County Commissioners desires to protect and preserve the waters of St. Lucie County, a majority of which have Struck ~ ..... ~ passages are deleted added. -1- Underlined passages are 705 ~OOK been designated by the State of Florida as Aquatic Preserves and Outstanding Florida Waters, for all of its citizens and future citizens, both on land and aboard watercraft, in a manner that will reduce and minimize the impact of improper discharges from watercraft into St. Lucie County waterways but will allow both land and marine residents the opportunity to pursue their chosen life-styles. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ADDITION OF ARTICLE IV (MARINE SANITATION) TO CHAPTER 1-7.6 (ENVIRONMENTAL CONTROL) Chapter 1-7.6 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding Article IV to read as follows: ARTICLE IV (MARINE SANITATION) Section 1-7.6-70. Statement of Purpose. It is the purpose of this Article to promote the water quality and the public health and general welfare of St. Lucie County, Florida, by regulating the discharge of sewage and other waste or discharges from marine related activities and by providinq for regulations for the moorinq of vessels, live-aboard vessels, and floating homes. Section 1-7.6-71. Definitions. Approved discharge device. A device which is currently listed by the United States Coast Guard as an approved marine sanitation device. Struck ~..~..~ passages are deleted. added. --2-- Underlined passages are 705 Board. The St. Lucie County Board of County Commissioners. Floating Home. Any waterborne structure designed for use primarily as a home or dwelling. The term shall include any vessel which has been altered or converted into a home or dwelling and which is incapable of navigation by means of self- propulsion. Live-Aboard Vessel. (a) Any vessel or floating home used solely as a residence. A person who uses a vessel or floating home for overnight occupation for a period exceeding seventy-two (72) hours in any ten (10) day period will be presumed to be residing on the vessel or floating home for the purposes of this ordinance. (b) Any vessel represented as a place of business; a professional or other commercial enterprise, or a legal residence. (c) A commercial fishing boat is expressly excluded from the term "live-aboard vessel." Marina. Any vessel docking facility which is used to conduct the business of providing services to vessels such as, but not limited to, the fueling of vessels, the sale of marine supplies, or the rental of location for mooraqe or dockage. Moor. To dock, anchor or otherwise park a vessel in a secured position. Person. Any individual, partnership, firm, corporation, association or other entity. Sewage. Human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes. Vessel. The term is synonymous with "boat" as referenced in s.6 (b), Article VII of the State Constitution and includes every Struck through passages are deleted. added. --3-- Underlined passages are 0,705 BOOK description of watercraft, barge and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Section 1-7.6-72. Unlawful to Discharge. It shall be unlawful for any person to discharge or permit or control or command to discharge any untreated sewage which has not passed through and been properly treated by an approved discharge device into the waters of the unincorporated areas of St. Lucie County. Section 1-7.6-73. Moorinq Restrictions. (a) It shall be unlawful for any live-aboard vessel or floating home not equipped with an approved marine sanitation device to moor in the waters of the unincorporated areas of St. Lucie County. (b) It shall be unlawful for any live-aboard vessel or floating home equipped with an approved marine sanitation device to moor in the waters of the unincorporated areas of St. Lucie County for a total period exceeding fourteen (14) days within any thirty (30) day period, except if moored at a marina providing the facilities required under Section 1-7.6-74, or at a private dock which is an accessory to a private residence. Section 1-7.6-74. Marina Sanitation Facillties. (a) Facilities required. Any marina which provides berths and/or slips for vessels for live-aboard purposes with installed on-board sewer systems which are not designed for overboard discharge must have: Struck ~..~..~ passages are deleted. added. -4- Underlined passages are 705 79 BOOK (1) Public restrooms with the facilities required by Chapter 10-9 and Chapter 10D-10, Florida Administrative Code; (2) A sewage disposal system to which all live-aboard vessels can connect and pump out at intervals and such system must be approved by the St. Lucie County Public Health Unit and the Department of Environmental Regulation, where applicable; (3) Water and sewage services. Ail water and sewage services provided at marinas shall comply with Chapters 381, 386 and 403, Florida Statutes; Chapters 10D-4, 10D-6, 17-3, 17-4, Florida Administrative Code, and all other applicable laws. (4) Refuse disposal. Overboard disposal of refuse is prohibited. Refuse shall be stored, transported, and disposed of in accordance with the provisions of Chapter 17-7, Florida Administrative Code. All garbage shall be stored in tightly covered impervious containers. They shall be provided in sufficient numbers to prevent garbage overflowinq. Containers shall be kept in racks or holders so designed as to prevent containers from being riDDed, to minimize spillage and container deteriorations and to facilitate cleaning around the containers. Portable bulk units for central (5) storage may be used upon approval of the Health Unit. Garbage collection and disposal. Ail garbage shall be collected at least twice a week and transported in covered vehicles or covered containers. Burning of refuse in the marina is prohibited. (b) Existing Marinas. Any marina which is in existence on the effective date of this ordinance and provides mooring for vessels for live-aboard purposes must have the marina sanitation facilities required under this Chapter in place and in operation within one (1) year from the effective date of this ordinance. Struck ~ ..... ~ passages are deleted added. -5- Underlined passages are 705 800~ Section 1-7.6-75. Pump-out Receipt Requirement Any marina or person operatinq an approved sewaqe disposal system for live-aboard vessels shall be required to issue a receipt for such pump-out which shall indicate the name of the marina, date of pump-out, and registration number of the vessel. The marina shall maintain a record of pump-outs indicating th~ date of each pump-out and the registration number of the vessel served. Section 1-7.6-76. Enforcement. 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 $500.00, or both such imprisonment and fine. In addition, the County may file an action for injunctive relief in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, in order to prevent anV violation of this ordinance. Section 1-7.6-77. Penalties. (a) Each person who commits any act declared herein to be a violation of this article, whether individually or in connection with one (1) or more persons, or as a principal, agent or accessory, shall be guilty of such offense. (b) Each day that a violation of this article is continued or permitted to exist without compliance shall constitute a separate offense. ~°~" ~..~.,~ passages are deleted. added. --6-- Underlined passages are ,oo 705 Section 1-7.6-78. Exception. This ordinance shall be operative to the extent that it is not in conflict with Chapter 327, Florida Statutes, or any other state or federal regulation. This ordinance shall not apply to the waters of the Florida Intracoastal Waterway. 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 unincorporated areas of St. Lucie County. throughout the Struck through passages are deleted. added. -7- Underlined passages are °" 705 SO0~( 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. FILING WITH THE DEPARTMENT OF ENVIRONMENTAL REGULATION. In order to comply with Section 373.023, Florida Statutes, the County Attorney shall 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, 32301. PART G. 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 N. ADOPTION. After motion and second, the vote on this ordinance was as follows-. PART I. Chairman R. Dale Trefelener Vice-Chairman Havert L. Fenn Commissioner Judy Culpepper 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 ~~°~ .... " ~..~..~ passages are deleted. added. --8-- Underlined passages are 705 BOOK "ordinance" may be changed to "section", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or reletteredsssss to accomplish such intention; provided, however, that Parts B through I shall not be codified. PASSED AND DULY ADOPTED this 21st day of August, 19~0~ ......... BOARD OF COUNTY C~MISSIONER.~... ST. LUCIE COUNT¥'~FLORIDA , ,,~: ...... APPROVED AS TO FoRM ~ANDv CORRECTNESS. ' · ATTORNEY Add Fee $ Doc Tax $ lnt Tax $_ ~Total $ q ~ ._0 ~) .. St. ~A~cle Couttty Clerk of Cir::uit Court By D p~uty Clerk-- 119:53 10 5220 °~ .... " ~' ..... ~ deleted ~~ ~,,~w,, passages are . added. --9-- Underlined passages are 705 1073515 ORDINANCE NO. 90-33 AN ORDINANCE AMENDING 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) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CORRECTING THE NAMES OF CERTAIN ROADS OR STREETS WHICH HAVE BEEN RENAMED FOR CLARIFICATION PURPOSES; 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 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. Due to the renaming of certain roads or streets for clarification purposes, it is necessary to amend Section 1-20-17 of the Code of Ordinances of St. Lucie County, Florida, to correct the names of those roads or streets which have been renamed. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 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: Struck added. through passages are deleted. --1-- Underlined passages are 0711 I 1E22 92 Section 1-20-17. Parking restricted on certain streets. (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 ralm Way Shorewinds Drive 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. "Danyon Road," "Sea Oats Drive," 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. "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. Struck through passages are deleted. added. 2 Underlined passages are 0711 293 "Glades Cut-Off Road," within three hundred-fifty (350) feet in all directions of its intersection with Midway 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. "Midway Road," within three hundred-fifty (350) feet in all directions of its intersection with Glades Cut-Off Road. "North Ocean Drive," the entire length of the right-of- way, from D~..~....~ ~ ~ Sea Oats Drive to.,v~ . ~.. ',,~ Shorewinds Drive. "Oak Drive," the entire length of the right-of-way. "Oleander Avenue," from the entrance to the State Farmers Market southerly approximately five hundred (500) feet. "~~ ................ ~v~v~,m" "Windham Lane," the entire length of the right-of-way, from~,~.~ ..... ~ Driv~ to Atlantic Beach Boulevard to Oak Drive. "-,~z~ P~I... ,,~=, ""Shorewinds Drive," the entire length of the right-of-way, from North Ocean Drive to Atlantic Beach Boulevard. --~-- - "Moorings Lane," 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.,~ .~... ....... ,,~ Shorewinds Drive to Flamingo Boulevard. "Tumblin Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. Struck through passages are deleted. added. --3-- Underlined passages are 1 I P, 229i "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. (d) Penalties for violation of this section shall be in accordance with State law. 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 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. Struck ~,,~..~ passages are deleted. Underlined passages are added. --4-- 71:1 2'9:5 PART E. 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 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 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. PASSED AND DULY ADOPTED this 26th day of June, 1990. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY : ...... ,-x~. APP St.~k ..... ~ passages are deleted Underlined ,ages aa a. 8fl0711 :29:6 DOUGLAS DIXO~ Add F~ ; __ St. kucie County 108411[Doc Tax $ Clerk of Circuit Court Iht Tax $ ..... By ORDINANCE NO. 90_34iota1 $~.!,~.~~ DYuty C~rk ' AN 0RDIN~CE A~ENDING ARTICLE II (STOPPINg, STANDING AND PARKING) OF CI'I~PTER 1-20 (~RaVVxC) Or ~ag CODg OV ORnX~a~CZS OF S*. LUCXE COUNTY, FLORXDA, BY CH~GING THE ~REWOUS nxwsxo~ 2 (R~S~RXC~ONS O~ S~VY VEHICLES ~ND E~U~PHENT ~N RESIDENTIAL DISTRICTS TO DIVISION 3; C~NGING THE PREVIOUS SECTION 1-20-26 (DEFINITIONS) UNDER THE PREVIOUS D~VISION 2 TO SECTION 1-20-41; AND CONSECUTIVELY RENUHBERING THE REST OF THE SECTIONS ~DER DIVISION 3; BY ADDING ~ NEN D~V~S~ON 2 (HANDICAPPED, FIRE LANE, PROPERTIES O~ED OR LEASED BY CO~TY, AND ROAD RIGHT-OF-WAYS ONNED OR LEASED BY STATE, PARKING PROHIBITED); BY ADDING ~ NEN SECTION 1-20-26 (DEFINITIONS); BY ADDING A NE~ SECTION 1-20-27 (PUBLIC PA~NG SPACES FOR CERTAIN HANDICAPPED PERSONS); BY ADDING A NEN SECTION 1-20-28 (PARKING ~N F~RE LANES); BY ADDING A NEN SECTION 1-20-29 (REGULaTiON OF PA~NG ~N PARKING AREAS LOCATED ON PROPERTY O~NED OR LEASED BY ST. LUCRE CO~TY, FLORIDA); BY ADDING A NE~ SECTION 1-20-30 (REG~ATION OF PARKING ON ROAD R~GHT-OF-~AYS O~ED OR LEASED BY STATE OF FLORIDA); BY ADDING ~ NEN SECTION 1-20-31 (ENFORCEHENT); BY ADDING A NEN SECTION 1-20-32 (CIVIL PENALTIES); BY ADDING A NEN SECTION 1-20-33 (PROCEDURES GOVERNING PAYHENT OF CIVIL PENALTIES AND PROCEEDINGS TO ENFORCE PA~ENT FOR CO~TY P~RK~NG VIOLATIONS); BY ADDING SECTION 1-20-3~ (JURISDICTION); BY ADDING NEN SECTIONS 1-20-35 - 1-20-40 (RESERVED); PROViDiNG FOR CONFLiCTiNG PROVISIONS; PROVIDING FOR SEVER~BILITY; PROVIDING FOR APPLiCABiLiTY; PROVIDING FOR FILING ~TH THE DEPARTHENT OF STATE; PROVIDING FOR PRO~LGATION OF ADHINISTRATIVE ORDERS; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION W~EREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board of County Commissioners of St. Lucie County, pursuant to Sections 125.01, 316.006, and 316.008, Florida Struck through passages are deleted. added. -1- Underlined passages are , , 0719 P. 6[i 212 Statutes, retains jurisdiction over the public streets, highways, roadways, and parking areas in the unincorporated area and parking areas located on property owned or leased by St. Lucie County whether or not such areas are boundaries of chartered municipalities. 2. The enforcement of handicapped located within the parking, fire lane parking, parking on properties owned or leased by county, and parking on road right-of-ways owned or leased by state, is difficult due to the fact that under existing Florida Statutes, a law enforcement officer is required to physically contact and issue a citation to the offending party. This procedure is time consuming, does not utilize manpower efficiently, and takes officers away from responding to more serious matters. This ordinance would allow enforcement by deputies and parking enforcement specialists to be effective and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. 3. Section 316.640(2)(b), Florida Statutes, authorizes the Sheriff's Office to employ as a Parking Enforcement Specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists, but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under Section 943.12, Florida Statutes. Struck through passages are deleted. added. --2-- Underlined passages are ,0719 G[1213 4. A parking enforcement specialist is authorized to enforce all state and county laws, ordinances, regulations, and official signs governing parking within the unincorporated areas of the county by appropriate state or county citation and may issue such citations for parking in violation of signs erected pursuant to Section 316.006(3) at parking areas located on property owned or leased by the County, whether or not such areas are within the boundaries of a chartered municipality. 5. Section 316.1967, Florida Statutes, requires counties to provide the Department of Highway Safety and Motor Vehicles with a list of persons who have violated handicapped parking laws or ordinances. 6. The amendment of Article II, of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, by changing Division 2 (Restrictions on Heavy Vehicles and Equipment in Residential Districts) to Division 3; renumbering the previous sections under the previous Division 2; and adding a new Division 2 (Handicapped, Fire Lane, Properties Owned or Leased By County, and Road Right-Of-Ways Owned or Leased By State, Parking Prohibited), is in the best interest of the health, safety, and public 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 through passages are deleted. added. -3- Underlined passages are 9 PART A. AMENDMENT OF DIVISION 2 (RESTRICTIONS ON HEAVY VEHICLES AND EQUIPMENT IN RESIDENTIAL DISTRICTS) TO DIVISION AND ADDITION OF NEW DIVISION 2 (HANDICAPPED, FIRE LANE, PROPERTIES OWNED OR LEASED BY COUNTY, AND ROAD RIGHT-OF- WAYS OWNED OR LEASED BY STATE, PARKING PROHIBITED) UNDER ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY. Division 2 under Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County is hereby amended by changing Division 2 to Division 3 and renumbering the sections under the previous Division 2 formerly Sections 1-20-26 through 1-20-33 to Sections 1-20-41 through 1-20-48 as is necessary; and by adding a new Division 2 (Handicapped, Fire Lane, Properties Owned or Leased by County, and Road Right-of-Ways Owned or Leased by State, Parking Prohibited) with appropriate Sections 1-20-26 through 1-20-40 as follows: ARTICLE II. STOPPING, STANDING AND PARKING DIVISION 2. HANDICAPPED, FIRE LANE, PROPERTIES OWNED OR LEASED BY COUNTY, AND ROAD RIGHT-OF-WAYS OWNED OR LEASED BY STATE, PARKING PROHIBITED Section 1-20-26. Definitions. The following words and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context otherwise requires: (1) Board of County Commissioners: The Board of County Commissioners of St. Lucie County, Florida. (2) Clerk: Clerk of the Circuit Court and County Courts of St. Lucie County, Florida. (3) County: St. Lucie County, Florida. ~°~" through passages are deleted. added. --4-- Underlined passages are (4) Designated Handicapped Parking Space: Any public parking space posted with the sign bearing the internationally accepted wheelchair symbol and the caption "PARKING BY DISABLED PERMIT ONLY." (5) Handicapped Person: Any person who is: (a) severely physically disabled and has permanent mobility problems which substantially impair his ability to ambulate; or (b) who is certified as leqally blind, and who has been issued an exemption parking permit pursuant to Sections 316.1958 and 320.0848, Florida Statutes or a license plate pursuant to Sections 320.084, 320.0842, 320.0843 or 320.0845, Florida Statutes. (6) Owner: A person who holds the leqal title of a vehicle. In the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of the vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for purposes of this Ordinance. (7) Park or Parking: The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as may be permitted by law under this Ordinance. (8) Parking Enforcement Specialist: A person appointed by the Sheriff to enforce parking regulations who has successfully completed a training program established and approved by the Police Standards and Training Commission for parking enforcement specialists, but who does not otherwise meet the uniform minimum standards (9) established by the Police Standards and Training Commission for police officers or auxiliary or part- time officers under Section 943.12, Florida Statutes. Parking Ticket: Official form used by the Sheriff to notify the owner of a vehicle that said vehicle is parked, stopped or standing in violation of the terms of this Ordinance. ~°~'- through passapes are deleted. added. --5-- Underlined passages are 0719 Pt6E'i 216 (10) Person: Any natural person, association, or corporation. firm, copartnership, (11) Public Parking Space: Any parking space which the owner, lessee, or person in control of such property provides for use by members of the public other than employees of such owner, lessee, or person, including, but not limited to, parking spaces at shopping centers, stores, offices, motels, malls, restaurants, and marinas. (12) Sheriff: The Sheriff of St. Lucie County or his duly appointed deputies. (13) Stand or Standing: The halting of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of, and while actually engaged in, receiving or discharging passengers, as may be permitted by law under this Ordinance. (14) Stop or Stopping: When prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic control sign or signal. (15) Vehicle: Any device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. Section 1-20-27. Public Parkinq Spaces for Certain Handicapped Persons. No person shall park any vehicle in any designated handicapped parking space located within the unincorporated areas of St. Lucie County, Florida, or located on County-owned or leased property unless such vehicle displays a parking permit issued pursuant to Sections 316.1958 and 320.0848, Florida Statutes or a license plate pursuant to Sections 320.084, 320.0842, 320.0843 or 320.0845, Florida Statutes, and such vehicle is transporting a handicapped person eligible for such parking permit. However, any person who is chauffeuring Struck through passages are deleted. added. -6- Underlined passages are OR . 0719 i 1;[1217 handicapped person shall be allowed, without need for a parking permit, momentary parkinq in a designated handicapped parking space for the purpose of loading or unloading the handicapped person. Section 1-20-28. Parking in Fire Lanes. No person shall park a vehicle in an area designated by the Fire Marshall of St. Lucie County to be a fire lane and marked as such. Section 1-20-29. Regulation of Parking in Parking Areas Located on Property Owned or Leased by St. Lucie County, Florida. The Board of County Commissioners may by resolution regulate parking in parking areas located on property owned or leased by the County, whether or not such areas are located within the boundaries of chartered municipalities. Section 1-20-30. Regulation of Parking on Road Right-of-Ways Owned or Leased by the State of Florida. No person shall park a vehicle in an area designated and marked by the State of Florida Department of Transportation as a no parking area. Section 1-20-31. Enforcement. (1) A Deputy Sheriff or Parking Enforcement Specialist who discovers a vehicle parked in violation of this Ordinance shall issue a parking ticket approved for use by the Board of County Commissioners and shall attach the ticket to the vehicle in a conspicuous place. The parking ticket shall contain language providing notice of the following: (a) (b) The type of violation and the amount of civil penalty imposed. The procedures to be followed in either paying the civil penalty or electing not to pay such civil Struck through passages are deleted. added. --7-- Underlined passages are 7 1 9 PABE I 2 18 penalty and requesting a hearing before a County Judge concerning the parking violation. The penalty for failure to comply with directions contained on the citation. (2) The DeputV Sheriff or Parking Enforcement Specialist shall determine the registered owner of the vehicle for which a parking ticket has been issued and shall complete the parking ticket form. The original copy of the parking ticket form shall be forwarded to the Clerk when completed for processing. Section 1-20-32. Civil Penalties. (1) Any person who stops, parks, or stands a vehicle in violation of the term of Section 1-20-27 of this Ordinance shall be deemed to be charged with a non-criminal violation and shall be assessed a civil penalty of one hundred two and 00/100 ($102.00) dollars. Two and 00/100 ($2.00) dollars of thin penalty is to be credited to the Criminal Justice Trust Fund of St. Lucie County pursuant to Section 943.25(13), Florida Statutes. (2) Any person who stops, parks, or stands a vehicle in violation of the term of Section 1-20-28 of this Ordinance shall be deemed to be charged with a non-criminal violation and shall be assessed a civil penalty of thirty-two and 00/100 ($32.00) dollars. (3) Any person who stops, parks, or stands a vehicle in violation of the terms of Section 1-20-29 or 1-20-30 of this Ordinance shall be deemed to be charged with a non-criminal violation and shall be assessed a civil penalty of thirty-two and 00/100 ($32.00) dollars. Struck through passages are deleted. added. -8- Underlined passages are 0719 PA6[I 219 (4) Each day any violation occurs or continues shall be a separate offense. (5) The amount of any civil penalty specified in this Section shall be increased by twelve and 00/100 ($12.00) dollars if payment is not received by the Clerk within the described fourteen (14) day period after the date of mailing of the notice issued pursuant to the terms of Section 1-20-33, paragraph 3. (6) The owner of a vehicle is responsible and liable for payment of any parking ticket violations unless the owner can furnish evidence that the vehicle was, at the time of the parking violation, in the care, custody, or control of another person. In such instances, the owner of the vehicle is required, no later than fourteen (14) days after the day that the certified notice of the parking violation is mailed pursuant to Section 1-20-33, paragraph 4, to furnish to the appropriate law enforcement authority issuing the ticket, the name and address of the person or company who leased, rented, or otherwise had the care, custody, or control of the vehicle. The owner of a vehicle is not responsible for parking ticket violations if the vehicle involved was, at the time, stolen or in the care, custody, or control of some person who did not have permission of the owner to use the vehicle. The person who is charged with a violation of this section may not be convicted if, prior to or at the time of his court or hearing appearance, he produces in court or to the Clerk in which the charge is pending proof that at the time the parking ticket was issued, the vehicle was stolen or in the ~°~'- through passages are deleted. added. --9-- Underlined passages are 0719 220 care, custody, or control of some person who did not have permission of the owner to use the vehicle. The Clerk is authorized to dismiss such case at any time prior to the defendant's appearance in court. The Clerk may assess a fee of five and 00/100 ($5.00) dollars for dismissing the case under this section. Section ~-20-33. Procedures Governinq Payment of Civil Penalties and Proceedings to Enforce Payment for County Parking Violations. (1) Any person issued a County parking ticket, pursuant to Section 1-20-31 shall answer the ticket by either of the following procedures within a ten (10) day period which begins to run on the day immediately following the day that the ticket is issued: (a) Payment of the civil penalty indicated on the ticket may be remitted to the Clerk, pursuant to the directions of such ticket, which civil penalty is subject to increase pursuant to the terms of this Ordinance, or (b) A hearinq may be requested by the person receiving such citation or the cited vehicle's registered owner for the purpose of presenting evidence before a County Judge concerning a parking violation. Any person requesting a hearing shall execute a statement on a form prepared by the Clerk indicating his or her willingness to appear at such hearing at a time and place specified thereon. (2) Any election to request the hearing constitutes a waiver of the right to pay the civil penalty indicated on the parking ticket, and a County Judge after said hearing may impose a fine not to exceed one hundred and 00/100 ($100.00) dollars, plus court costs for each parking violation. Struck through passages are deleted. added. -10- Underlined passages are ° 0719 221 (3) Upon receipt of a completed parking ticket submitted by a Deputy Sheriff or Parking Enforcement Specialist, pursuant to Section 1-20-31 of this Ordinance, the Clerk shall notify the registered owner first listed on such ticket of its issuance if there has been no response pursuant to paragraph one of this Section. Such notice shall be sent by regular mail and shall inform said registered owner concerning the nature and location of the parking violation and direct compliance with either of the alternatives specified in paragraph one of this Section within a fourteen (14) day period which begins to run on the day immediately following the day that said notice is mailed, according to the records maintained by the Clerk. (4) If payment of the civil penalty is not received or a hearing is not requested within the fourteen (14) day period after the notice described in paragraph three of this Section and such notice is not returned as undeliverable by the U.S. Postal Service, the Clerk shall send similar notice to said owner by certified mail requiring compliance with either of th~ alternatives specified in paragraph one of this Section within a fourteen (14) day period which begins to run on the day immediately following the day that said notice is mailed according to the records maintained by the Clerk. (5) If the Clerk receives proof of delivery of the notice mailed by certified mail, pursuant to paragraph four of this Section, and payment of the civil penalty is not received or a hearing requested within the fourteen (14) day period specified Struck through passages are deleted. added. -11- Underlined passages are therein, the Clerk shall cause the reqistered owner first listed on the parking ticket to be served in accordance with the Florida Rules of Civil Procedure with a summons requiring attendance at a hearing at a time and place specified in such order. A County Judge after said hearing shall make a determination as to whether or not a parking violation has been committed and may impose a fine not to exceed one hundred and 00/100 ($100.00) dollars plus court costs. (6) If the last day of a time period described above falls on a Saturday, Sunday, or legal holiday, the time period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Section 1-20-34. Jurisdiction. The terms of this Ordinance shall be applicable in the unincorporated areas of St. Lucie County and in areas owned or leased by St. Lucie County, which are located within the boundaries of chartered municipalities. Section 1-20-35 - 1-20-40. Reserved. DIVISION ~ ~. RESTRICTIONS ON HEAVY VEHICLES AND EQUIPMENT IN RESIDENTIAL DISTRICTS Section 1-20-~641. Definitions. As used in this division, the following terms shall have the meanings indicated: Commercial vehicle shall mean every vehicle designed, used or maintained primarily for the transportation of property with a Struck through passages are deleted. added. -12- Underlined passages are 0719 223 gross vehicular weight of ten thousand (10,000) pounds or more. It shall be presumed that any vehicle having a tax class of 40 to 44, both inclusive, is a "commercial vehicle" as defined herein. Industrial equipment shall mean farm tractors, backhoes, bulldozers, draglines, cranes, derricks, heavy earthmoving equipment normally used in farming, excavation and/or heavy construction activities. It shall be presumed that any vehicle having a tax class of 94 is "industrial equipment" as defined herein. Recreational vehicle shall mean a vehicle self-propelled or otherwise, designed and utilized for temporary lodging by the user when touring, camping, etc., of a size and weight as not to require a special highway movement permit when operated on the highway. It shall be presumed that any vehicle having a tax class of 60 to 64, both inclusive, is a recreational vehicle as defined herein. Residential district shall mean any area zoned RE-2, RS-2, RS-3, RS-4, RMH-5, RM-5, RM-11, RM-18, RVP, PUD and HIRD, as defined in the St. Lucie County Zoning Resolution. Semitrailer shall mean a semitrailer which is used or designed primarily for carrying commercial loads. It shall be presumed that any semitrailer having a tax class of 56 is a "semitrailer" as defined herein. Section 1-20-~g42. Commercial vehicles and semitrailers prohibited or restricted in residential districts. Struck through passages are deleted. added. -13- Underlined passages are "0719 P, 6EI 22 . (a) It shall be unlawful for any owner, agent, operator or person in charge of any commercial vehicle, or semitrailer, to park, stop, store or keep the same on any public street, avenue, alley or other thoroughfare or any right-of-way therewith within any residential district in the unincorporated areas for a period exceeding one hour in any twenty-four (24) hour period, each such period commencing at the time of first stopping or parking unless a permit is first obtained from the sheriff's department of the county. (b) It shall be unlawful for any owner or lessee of real property in any residential district in the unincorporated area to park on, cause to be parked on or allowed to be parked on his, its or their residential property any commercial vehicle or semitrailer for the period exceeding one hour in a twenty-four (24) hour period unless same is in an enclosed garage. Each such period shall commence at the time of first stopping or parking unless a permit is first obtained from the sheriff's department of the county, and as may be otherwise provided in this division. This restriction shall also apply to the owner, agent, operator or person in charge of any such vehicle in the event such person is not the owner or lessee of such real property. Section 1-20-~843. Delivery and construction vehicles; emergency repairs. (a) The restriction of Section 1-20-~-942 shall not apply to the temporary parking of vehicles covered by such section on private property in residential districts whereon construction is Struck through passages are deleted. added. -14- Underlined passages are 225 underway, for which a current and valid building permit has been issued by the county, and such permit is properly displayed on the premises. (b) The restrictions of Section 1-20-2742 of one hour in residential districts shall not apply to routine deliveries by tradesmen, or the use of trucks in making service calls, provided that, such time in excess of one hour is actually in the course of business deliveries or servicing, as the case may be. (c) The restrictions of Section 1-20-2742 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. 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. Section 1-20-~944. Industrial equipment prohibited or restricted in residential districts. (a) It shall be unlawful for any owner, agent, operator or person in charge of any industrial equipment to park, stop, store or keep such equipment on any public street, avenue, alley or other thoroughfare, or any right-of-way therewith, within any residential district in the unincorporated area any time unless moving directly to or from or actually located at any excavation or construction site whereon construction, clearing, removal of debris or other building and/or excavation activities are either currently underway or will commence within the next twenty-four Struck through passages are deleted. added. -15- Underlined passages are (24) hours and for which a current and valid permit has been issued by the county and such permit is properly displayed on the premises. Industrial equipment used in lot clearing, tree trimming or removal, lawn care and related services is also included although a specific building permit may not be required and nothing in this division is intended to require a building permit where not otherwise required. (b) It shall be unlawful for any owner of property in any residential district of the unincorporated area, to park on, cause to be parked on, or allow to be parked on his, its or their residential property any industrial equipment, as previously defined in this division, at any time unless such industrial equipment is used on property whereon construction, clearing, removal of debris and/or other similar activities are currently underway or will commence within the next twenty-four (24) hours and for which a current and valid permit has been issued by the county and such permit is properly displayed on the premises. Heavy equipment used in lot clearing, tree trimming, or removal, lawn care and related services is also included herein although a specific building permit may not be required and nothing in this division is intended to require a building permit where not otherwise required. However, mowers, clippers, edgers, drills, saws, sanders and other normal tools and implements of home lawn and garden maintenance and repair, whether motorized or not, are not considered to be industrial equipment. ~°~" through passages are deleted. added. -16- Underlined passages are 227 (c) Exempt from the foregoing provisions are items of industrial equipment in actual use or moving directly to or from the location of actual use: (1) Owned or leased by the county or the City of Fort Pierce for the accomplishment of a governmental purpose such as tree trimming, road repair or construction, water or sewerage system repair or construction, maintenance of street and traffic lights and/or similar activities. (2) Owned or leased by a contractor or subcontractor under agreement with the city or county to accomplish a county purpose as provided above. (3) Owned or leased by a recognized public utility operating within the unincorporated areas of the county or by a contractor or subcontractor under agreement with such public utility for the accomplishment of some installation maintenance, adjustment and/or repair to such public utility. Section 1-20-~945. Permits. The sheriff of the county or his duly authorized designee may issue, upon proper application therefor by the owner or his authorized representative to the sheriff's department, a permit extending the parking time limits set forth in Section 1-20-2742 of this division up to, but not exceeding twenty-four (24) hours upon establishing that such permit is requested in good faith for a reasonable cause shown or demonstrated to the sheriff or his designee and not for the purpose of avoiding the intent or objectives of this division. Section 1-20-~46. Application of superseding county ordinances and state laws. This division is primarily for the purpose of protecting residential zoning. Therefore, any ordinances of this county or Struck through passages are deleted. added. -17- Underlined passages are ° 0719 228 laws of this state providing for the regulations of motor vehicles are in addition to this division and wherever any provision of some other ordinance or applicable statute, whether primarily for the regulation of motor vehicles or for the purposes of zoning, imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of this division, then more stringent requirements, regulations, restrictions or limitations shall apply. Section 1-20-3247. Exemption for recreational vehicles. The provisions of this division shall not apply to recreational vehicles used exclusively for recreational purposes. Section 1-20-3~4__8. Conformity with existing ordinances. This division shall not be construed as authorizing trucks to utilize any street or other public thoroughfare of the unincorporated areas of the county over which such vehicular traffic is now or hereafter prohibited by ordinance, or lawful order of the sheriff's department. 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. Struck through passages are deleted. added. -18- Underlined passages are 8 07 i 9 Pl6[i 229 PART C. SEVERABILIT¥. 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 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 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. PROMULGATION OF ADMINISTRATIVE ORDERS. The Board of County Commissioners recognizes that the Court may adopt administrative orders to further effectuate the purpose and intent of this Ordinance. PART G. EFFECTIVE DATE. This ordinance shall become effective upon adoption by the Board of County Commissioners of St. Lucie County, Florida, and upon receipt of acknowledgement by the Department of State. PART H. ADOPTION. ~c~" through passages are deleted. added. -19- Underlined passages are . 0719 I 1230 After motion and second the vote on this ordinance was as follows: Chairman Havert L. Fenn Aye Vice Chairman Jim Minix Aye Commissioner Jack Krieger Aye Commissioner Judy Culpepper Aye Commissioner R. Dale Trefelner 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 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 by the Board of County Commissioners of St. Lucie County, Florida, this 4th day of December, 1990. ATTEST' Struck through passages are deleted. added. -20- Underlined passages are 9 ORDINANCE NO. 90-36 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA PROVIDING FOR ADOPTION OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE THAT PROVIDES FOR TITLE; AUTHORITY; PURPOSE AND INTENT; APPLICABILITY; FINDINGS; INCORPORATION BY REFERENCE; RULES OF INTERPRETATION; REPEAL OF PRIOR PROVISIONS; EFFECTIVE DATE; ENACTMENT; SEPARABILITY; MINIMUM REQUIREMENTS; DEFINITIONS; ZONING DISTRICTS; ZONING DISTRICT USE REGULATIONS; AIRPORT OVERLAY ZONES; AIRPORT HEIGHT RESTRICTIONS; USE RESTRICTIONS; HISTORIC PRESERVATION; ADEQUATE PUBLIC FACILITIES STANDARDS; RESOURCE PROTECTION STANDARDS; ACCESSORY AND TEMPORARY STRUCTURES AND USES; SIGNS; HARDSHIP RELIEF; ADMINISTRATION AND ENFORCEMENT; VESTED RIGHTS; DECISION MAKING AND ADMINISTRATIVE BODIES; BUILDING REGULATIONS AND PUBLIC WORKS CONSTRUCTION MANUAL; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, Section 163.3161 et. seq., Florida Statutes (1989) established the Local Government Comprehensive Planning and Land Development Regulation Act; and, WHEREAS, Section 163.3167, Florida Statutes (1989), requires each county in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and, WHEREAS, St. Lucie County transmitted the St. Lucie County Comprehensive Plan on August 1, 1989 to the Department of Community Affairs pursuant to Chapter 163.3184(3) and Florida Administrative Rule 9J-11; and, WHEREAS, St. Lucie County adopted the St. Lucie County Comprehensive Plan on January 9, 1990 pursuant to the provisions of Section 163.3184, Florida Statutes; and, Struck through passages are deleted. added. -1- r~ passages are WHEREAS, after adoption of the Comprehensive Plan, the Local Government Comprehensive Planning and Land Development Regulation Act mandates that St. Lucie County adopt land development regulations to implement the Comprehensive Plan within one (1) year after the transmittal of the Comprehensive Plan; and, WHEREAS, the St. Lucie County Local Planning Agency held public hearings after due public notice on June 14, 1990, June 21, 1990 and June 28, 1990 and required written or oral comments submitted by members of the public and governing agencies; and, WHEREAS, the St. Lucie County Local Planning Agency found the Land Development Code consistent with the St. Lucie County Comprehensive Plan and recommended that the Board of County Commissioners adopt the Land Development Code; and, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, held a workshop meeting on July 17, 1990 to discuss the St. Lucie County Land Development Code and the recommendation of the Local Planning Agency; and, WHEREAS, the Board of County Commissioners of St. Lucie County held a public hearing after due public notice on July 11, 1990 and July 26, 1990; reviewed the recommendations by the Local Planning Agency, and all other written or oral comments submitted by members of the public and governing agencies; and, WHEREAS, the St. Lucie County Land Development Code complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act and is consistent with and implements the St. Lucie County Comprehensive Plan; and, Struck ~ ..... ~ passages are deleted added. -2- Underlined passages are WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has determined that adoption of the Land Development Code 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, as follows: PART A. ADOPTION OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE. The St. Lucie County Land Development Code attached hereto and incorporated herein by reference is hereby adopted and incorporated into the Code of Ordinances of St. Lucie County, Florida as Appendix "A". PART B. APPLICATION OF LAND DEVELOPMENT CODE TO PREVIOUSLY APPROVED DEVELOPMENT ORDERS. Application in Process on August 1, 1990. An application for any development permit which has been submitted to the Community Development Director prior to August 1, 1990, and is determined to be complete shall be reviewed and processed as to the specific authorization of that development permit under the terms of the regulations in existance on the date the application is submitted. PART C. REPEAL OF PRIOR PROVISIONS. The ordinances and provisions as set out in Section 1.07.00 are hereby repealed as of the effective date of this Code. PART D. SEVERABILITY AND APPLICABILITY. The provisions governing severability and applicability shall be as set forth in Sections 1.09.00 and 1.03.00 respectively of this Code. Struck added. passages are deleted. -3- 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, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect as set forth in Section 1.08.00 of the St. Lucie County Land Development Code. 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 AYE Commissioner Jim Minix ABSENT 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 renumbered or relettered to accomplish such intention; provided, however, that Parts C through H shall not be codified. Struck ~..~u~..~ passages are deleted. added. --4-- Underlined passages are PASSED AND DULY ADOPTED this 26th day of July, 1990. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: /~o CO T~ATTORNEY Struck ~ ..... ~ passages are deleted added. --5-- Underlined passages are " 1065221 ORDINANCE 90-37 AN ORDINANCE AMENDING SECTION 1-2-2 (E911 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 AN ADDITION IN THE LOCAL OPTION FEE FOR NONRECURRING CHARGES AND A REDUCTION IN THE LOCAL OPTION FEE FOR RECURRING 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. 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, 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 recurring charges to install Enhanced 911 Services, the local option fee for recurring charges can be reduced, however it is necessary to increase the local option fee for nonrecurring charges. 3. Although the local option fee for the nonrecurring charges has increased, St. Lucie County residents can enjoy the benefit of a reduction in the recurring charges due to the increase in the amount of telephone subscribers in St. Lucie County. Struck through passages are deleted. added. --~-- Underlined passages are soo NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 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. Egll system; local option fee. (a) Public purpose. The establishment of an E911 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 c~n~-~ ~'~.~v~, eleven cents ($0.11) 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 Egll service and equipment in the amount Struck through passages are deleted. added. -2- Underlined passages are BOOK .... sixteen cents ($0 16) per month per access line, up to a maximum of twenty-five (25) access lines per 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. All 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 Struck through passages are deleted. added. -3- Underlined passages are 705 (2) eliminate the surplus or deficit from said account by the end of the following twelve-month period (October 1 through September 30), provided that such adjusted 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 E911 service and equipment. In either event, the teleDhone 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 Struck ~,~,~ passages are deleted. added. -4- Underlined passages are 705 ^ 22S8 BOOK telephone company shall have no obligation to take legal action to enforce collection of said fee. (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 E911 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 ~..~,~ passages are deleted. added. --5-- Underlined passages are 705 BO0~( 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, 1990. 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 R. Dale Trefelner AYE Vice Chairman Havert L. Fenn AYE Commissioner Judy Culpepper ABSENT 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. Struck through passages are deleted. added. -6- Underlined passages are °" 705 BOOK PASSED AND DULY ADOPTED THIS ATTEST: Add Fee $ Doc Tax $ Iht Tax $_ St. [.ucic Clerk of Cir,.:,,.~ Court By 21 day of AUGUST, 1990. BOARD OF COUNTY ST. LUCIE eOUNT~'~ APPROVED AS TO FORM C0RRECTNEss~ ' ,. , ../ /COUNTY ATT~N~Y / /~g~ 31 1065221 Struck through passages added. are deleted. --7-- Underlined passages are 0,705 BO01( Rec Fcc 1061297 Add Fee ~. Doc Tax $. Iht Tax $ ORDINANCE NO. 90-38 Xotal $ ~ AN ORDINANCE AMENDING CHAPTER 1-7 (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; BY ADDING AND CHANGING CERTAIN SERVICE CHARGES UNDER SECTION 1-7-2 (CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES); SECTION 1-7-3 (CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES); AND SECTION 1-7-4 (COUNTY COURT CIVIL DIVISION CHARGES AND COSTS); PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 28.24, 28.241 and 34.041, Florida Statutes, authorizes the Board to fix service charges in excess of those charges fixed in Florida Statutes and to expend such excess in providing and maintaining facilities, including a law library or to provide or maintain a legal aid program. 2. Due to the changes of court fees by the 1990 Florida Legislative Session which increases the charges for services rendered by the Clerk of the Circuit Court effective July 1, 1990, it is necessary to amend Ordinance No. 90-23 to increase existing service charges. 3. The increase in service charges will benefit the health, safety and welfare of the citizens of St. Lucie County by providing additional funding of the court. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ~°~ .... ~'- =~,,~..~ passages are deleted. Underlined passages are added. oo,. 705 190 PART A. AMENDMENT OF SECTION 1-7-2. DIVISION SERVICE CHARGES. CIRCUIT COURT - CIVIL Section 1-7-2 (Circuit Court - Civil Division Service Charges) is hereby amended to read as follows: Section 1-7-2. Circuit Court - Civil Division Service Charges. The party instituting any civil action, suit or proceeding in the circuit court shall pay to the clerk of the court service charges as follows: (a) For filing all civil actions (over five thousand dollars ($5,000.O0)): *Clerk's service charge ................. Legal aid ............................... Law library ............................. State civil action fees ........... 8--6~88 Court facility charge ................... State court education trust fund ...~ =~ $ 40.00 -- 0 -- $ 10.00 $ 8.00 $ 20. O0 $ 2.50 Total ~ =n $ 80 50 *This service charge is for up to and including five (5) defendants. If there are more than five (5) defendants, there is an additional charge of two dollars (82.00) for each additional defendant. (b) Additional charge for proceeding of garnishment, attachment, replevin, and distress ............................ $ 35.00 (c) Additional charge to be paid by the party seeking each severance that is granted .. (d) For filing petition for dissolution of annulment-. $ 10.00 marriage or Clerk's service charge .................. Legal aid ........................ Law library ..... ............ State civil action fees ........... 8--6~88 Court facility charge ................... HRS Fee Filing of Final Judgment of Dissolution of Marriage service charge ............... $ 40.00 -- 0 -- $ 10.00 $ 8.o0 $ 20.00 S 5.00 $ 2.50 7.00 Struck ~..~..~ passages are deleted. added. --2-- Underlined passages are 705 191 BOOK Total (e) For filing notice of appeal: Service charge to district court of appeal and state supreme court ................................ Service charge to clerk of the circuit court ....................... Ce Certified copy of notice of appeal for district court .................. 92.50 $250.00 S 75.00 $ 2.00 PART B. AMENDMENT OF SECTION 1-7-3. CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES. Section 1-7-3 (Circuit Court - Probate and Guardianship Division Service Charges) is hereby amended to read as follows: Section 1-7-3. Circuit Court - Probate and Guardianship Division Service Charges. The service charges of the clerk of the circuit court for filing probate and guardianship cases are as follows: (a) For the opening of any estate of one document or more, including but not limited to petitions and orders to approve settlement of minor's claims; to open a safe deposit box; to enter rooms and places; for the determination of heirs if not formal administration and for a foreign guardian to manage property of a nonresident, but not to include issuance of letters or order of summary and family administration: Clerk's service charge .................. Legal aid .......................... Law library . .~ ..~ ....... ~.~...~ Court facility charge $ 5 ~ State court education trust fund ........ Total ~= ~ (b) Caveat: Clerk's service charge .................. Legal aid ............................... $ 20.00 -- 0 -- $ 10.00 $ 8.o0 $ 2.50 $ 40.5O $ 15.00 -- 0 -- Struck =~..~..~ passages are deleted. added. --3-- Underlined passages are 705 192 BOOK (c) (d) Law library ....................... i.~.~ $ 10.00 Court facility charge ............. ~ .... $ 8.00 State court education trust fund ........ $ 2.50 Total bom mm $ 35 50 Petition and order to admit foreign wills, authenticated copies, exemplified copies or transcripts to record: Clerk's service charge $ 30 00 Legal aid - 0 - Law library ............................. $ 10.00 Court facility charge ~ = ~ $ 8 00 State court education trust fund ........ $ 2.50 Total ............................. 845~4~) $ 50.50 For disposition administration: of personal property without Clerk's service charge .................. Legal aid ............................... Law library ............................. Court facility charge ~ ~ ~n State court education trust fund ........ S 20.00 -- 0 -- S 2.00 $ 8.00 $ 2.50 Total ~= nm $ 32 50 (e) Summary administration: Clerk's service charge .................. $ 35.00 Legal aid ............................... - 0 - Law library ............................. $ 10.00 Court facility charge ~ = ~ $ 8 00 State court education trust fund ........ $ 2.50 Total ............................. ~58~88 $ 55.50 (f) Family administration: (g) Clerk's service charge .................. Legal aid ............................... Law library ............................. Court facility charge $ 5 ~ State court education trust fund ........ $ 45.0O -- 0 -- $ 10.00 $ 8.O0 $ 2.50 Total $~n n~ $ 65 50 Formal administration guardianship, curatorship or conservatorship proceedings: ancillary, Struck ~..-~,.~ passages are deleted. added. --4-- Underlined passages are 705 193 600g Clerk's service charge .................. Legal aid ............................... Law library ............................. Court facility charge ~ = ~ State court education trust fund ........ Total (h) Guardianship proceedings of person only: Clerk's service charge .................. Legal aid ............................... Law library ............................. Court facility charge ~ = ~ State court education trust fund ........ Total ............................. ~ $ 75.00 -- 0 -- S 10.00 $ 8.00 $ 2.50 $ 95.50 $ 25.00 -- 0 -- $ 10.00 $ 8.0O $ 2.50 $ 45.50 (i) Veteran administration guardianship pursuant to Chapter 744, Florida Statutes: Clerk's service charge .................. $ 25.00 (j) Exemplified certificates: Clerk's service charge .................. $ 4.00 Cover sheet ............................. $ 1.00 Total ................................... $ 5.00 (k) Petition for determination of incompetency: Clerk's service charge .................. $ 25.00 Legal aid ............ · .................. - 0 - Law library .'.''''''...'.''''.''..-''''. $ 10.00 Court facility charge ............. ~ =¥ ~.00 $ 8.00 State court education trust fund ........ $ 2.50 Total ............................. 846~4)8 $ 45.50 PART C. AMENDMENT OF SECTION 1-7-4. COUNTY COURT CIVIL DIVISION CHARGES AND COSTS. Section 1-7-4 (County Court Civil Division Costs) is hereby amended to read as follows: Section 1-7-4. County Court Civil Division Charges Charges and and Costs. Struck ~,,~,,~ passages added. are deleted. --5-- Underlined passages are 705 Upon the institution of any civil action or proceeding in county court, the plaintiff, when filing his action or proceeding shall pay the following service charges: (a) Claims of less than one hundred dollars 8100.00): Filing fee .............................. 8 10.00 Legal aid ............................... - 0 - Court facility .......................... 8 2.00 Law library ............................. 8 2.00 State court education trust fund ..$ 1.50 $ 2.50 State court cost ..................¥ ~ ~.vv = nn $ 7.00 Total ~ ~ =n 8 23 50 (b) Claims of one hundred dollars ($100.00) or more but less than two thousand five hundred dollars ($2,500.00): Filing fee .............................. 8 25.00 Legal aid - 0 - Court facility .......................... 8 7.00 Law library ............................. 8 2.00 State court education trust fund ~ ~ =~ · .~ .... 8 2.50 State court cost .................. ~ $ 7.00 Total ............................. ~ $ 43.50 (c) Claims of more than two thousand five hundred dollars (82,500.00): Filing fee ~= nn 8 40 00 Legal aid.___ ..... ..... - 0 - Court facilitY''''''..~~..~~ 8 12.00 Law library ..... State court ~ca~i~'~s~ ~ [[~ $ 2.00 $ 2.5o State court cost ~ = n~ 8 7 00 Total ............................. ~ $ 63.50 (d) Removal of tenant (eviction): Filing fee .............................. 8 35.00 Legal aid ........................ - 0 - Court facility ...... ~''' ...~ .... ~ .... ~ 8 4.00 Law library ....................... 8 5.00 State court education trus~ fund ..6 ~.50 $ 2.50 State court cost $ = ~ v~ $ 7 00 Total ............................. ~ $ 53.50 Struck ~,,~.,~ passages added. are deleted. --6-- Underlined passages are 195 705 (e) Additional charge for proceeding of garnishment, attachment, replevin and distress ............................ $ 35.00 (f) Notice of appeal (two (2) separate payments)*: Filing notice of inferior court, county court ............................ $ 5O.00 Filing notice to higher court, circuit court ........................... $ 75.00 *These charges do not include service charge for certified copy of notice of appeal to the circuit court. Laws, Department of State, 32304. The Capitol, Struck through passages are deleted. added. --7-- Tallahassee, Florida Underlined passages are °" 705 ~00~ PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and PART O. EFFECTIVE DATE. This ordinance shall take effect on July 1, 1990. PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: Commissioner R. Dale Trefelner Aye Vice Chairman Havert L. Fenn Aye Commissioner Judy Culpepper Absent Chairman Jack Krieger Aye Commissioner Jim Minix Aye 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 D through I shall not be codified. PASSED AND DULY ENACTED this 21st day of August, 1990. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA - J BY: . - % ~~ CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS'. ' COUNTY ATTORNEY Struck through passages are deleted. added. --8-- Underlined passages are 705 197 BO0~ ORDINANCE NO. 90-39 AN ORDINANCE /~IENDING CI-I~PTER 1-7 (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDIN/~,.NCES; BY ADDING MEDIATION-ARBITRaTION CI'I~RGES UNDER SECTION 1-7-2 (CIRCUIT COURT - CIVIL DIVISION SERVICE CI-I~RGES), SECTION 1-7-3 (CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES) AND SECTION 1-7-4 (COUNTY COURT CIVIL DIVISION CHARGES AND COSTS); BY ADDING A NEW SECTION 1-7-9 (DISPOSITION OF MEDIATION-ARBITRATION FUND) TO PROVIDE FOR THE DISPOSITION OF COSTS COLLECTED FOR MEDIATION-ARBITRATION SERVICES; BY RENUMBERING SECTION 1-7-9 - 1-7-19 (RESERVED) TO SECTION 1-7-10 - 1-7-19 (RESERVED); BY DELETING ARTICLE III (FAMILY MEDIATION SERVICE) IN ITS ENTIRETY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 44.108(1), Florida Statutes, authorizes the levying of a service charge of no more than five dollars ($5.00) on any circuit court proceeding to support mediation and arbitration services. 2. Section 44.108(2), Florida Statutes, authorizes levying of a service charge of no more than five dollars ($5.00) on any county court proceeding to support county civil mediation programs. 3. Section 44.108(3), Florida Statutes, authorizes levying of a service charge of no more than forty-five dollars ($45.00) on any petition for a modification of a final judgment of dissolution to support family mediation services. Struck ~ ..... ~ passages are deleted added. --1-- Underlined passages are 710 ^ s2390 4. The Board of County Commissioners of St. Lucie County, Florida, believes that the public health, safety, and welfare of the residents of the County will be promoted by the establishment of mediation-arbitration services to assist parties in resolving controversies. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-7-2. CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES. Section 1-7-2 (Circuit Court - Civil Division Service Charges) is hereby amended to read as follows: Section 1-7-2. Circuit Court - Civil Division Service Charges. The party instituting any civil action, suit or proceeding in the circuit court shall pay to the clerk of the court service charges as follows: (a) For filing all civil actions (over five thousand dollars (S5,000.00)): *Clerk's service charge ................. Legal aid ............................... Law library Court facility charge . . State court education %~&~% ~&~']]]]]].] Mediation-arbitration charqm ............ 8 40.00 -- 0 -- $ 10.00 S 8.00 $ 20.00 $ 2.50 $ 5.00 Total ............................. ~ $ 85.50 *This service charge is for up to and including five (5) defendants. If there are more than five (5) defendants, there is an additional charge of two dollars (S2.00) for each additional defendant. (b) Additional charge for proceeding of garnishment, attachment, replevin, and distress ............................ $ 35.00 Struck =~ ..... ~ passages are deleted added. --2-- Underlined passages are 710 BO0~ (c) Additional charge to be paid by the party seeking each severance that is granted .. $ 10.00 (d) For filing petition for dissolution of marriage or annulment: Clerk's service charge .................. Legal aid ............................... Law library ............................. State civil action fees ................. Court facility charge ................... HRS Fee ................................. State court education trust fund ........ Mediation-Arbitration charge ............ Filing of Final Judgment of Dissolution of Marriage service charge ............... $ 40.00 -- 0 -- $ 10.00 S 8.00 $ 20.00 S 5.00 S 2.50 $ 5.00 $ 7.00 Total ............................. ~ $ 97.50 (e) For filing petition for modification of a final judgment of dissolution of marriage: Mediation-Arbitration charge ............ ~ (f) For filing notice of appeal: $ 45.00 Service charge to district court of appeal and state supreme court ................................ 8250.00 Service charge to clerk of the circuit court ....................... $ 75.00 Certified copy of notice of appeal for district court .................. $ 2.00 PART B. AMENDMENT OF SECTION 1-7-3. CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES. Section 1-7-3 (Circuit Court - Probate and Guardianship Division Service Charges) is hereby amended to read as follows: Section 1-7-3. Circuit Court - Probate and Guardianship Division Service Charges. The service charges of the clerk of the circuit court for filing probate and guardianship cases are as follows: Struck through passages are deleted. added. --3-- Underlined passages are 710 BOOK (a) (b) (c) (d) For the opening of any estate of one document or more, including but not limited to petitions and orders to approve settlement of minor's claims; to open a safe deposit box; to enter rooms and places; for the determination of heirs if not formal administration and for a foreign guardian to manage property of a nonresident, but not to include issuance of letters or order of summary and family administration: Clerk's service charge .................. $ 20.00 Legal aid ...... - 0 - Law library ~~.~~~...~ $ 10.00 Court facility charge ................... $ 8.00 State court education trust fund ........ $ 2.50 Mediation-Arbitration charge ............ $ 5.00 Total ............................. ~ $ 45.50 Caveat: Clerk's service charge .................. $ 15.00 Legal aid ................. - 0 - Law library .~...~...~ ........ $ 10.00 Court facility charge .......... $ 8.00 State court education tru~'~und'~ .~ $ 2.50 Mediation-Arbitration charge............ $ 5.00 Total ............................. ~ $ 40.50 Petition and order to admit foreign wills, authenticated copies, exemplified copies or transcripts to record: Clerk's service charge ................. Legal aid ......... Law library . ~.~' Court facility charge .... State court education tr~ ~'[ Mediation-Arbitration charge ........... 30.00 -- 0 -- 10.00 8.00 2.50 5.0o Total ............................. ~ $ 55.50 For disposition administration: of personal property without Clerk's service charge .................. Legal aid ............................ Law library .......... ' '' Court facility charge ................... $ 20.00 -- 0 -- s 2.00 $ 8.00 Struck through passages are deleted. added. --4-- Underlined passages are 710 (e) (f) (g) (h) State court education trust fund ........ $ 2.50 Mediation-Arbitration charge............ $ 5.00 Total ............................. ~ $ Summary administration: 37.50 Clerk's service charge .................. $ 35.00 Legal aid .................. - 0 - Law library ~ .~ .~ $ 10.00 Court facility charge ................... $ 8.00 State court education trust fund ........ $ 2.50 Mediation-Arbitration charge ............ $ 5.00 Total ~== =~ $ Family administration: 60.50 Clerk's service charge .................. $ 45.00 Legal aid ..................... - 0 - Law library ..... ~..~..~..~ .... ~..~.. $ 10.00 Court facility charge ....... $ 8.00 State court education ~;;;~ fu~'] .... ]]] $ 2.50 Mediation-Arbitration charqe............ $ 5.00 Total ............................. $65.50 $ 70.50 Formal administration guardianship, curatorship or conservatorship proceedings: Clerk's service charge .................. Legal aid .. Court facility charge ...... State court education ~;~s~'~;nd'~[[ .~ Mediation-Arbitration charge ............ Total ............................. ~ Guardianship proceedings of person only: Clerk's service charge .................. Legal aid ............................... Law library .... :: ..... : ...... :.. Court facili c e ..... State court education trust fund ........ Mediation-Arbitration charge ............ ancillary, $ 75.00 -- 0 -- $ 10.00 $ 8.00 S 2.50 $ 5.00 $100.50 $ 25.00 -- 0 -- $ 10.00 S 8.00 S 2.50 $ 5.00 Total ............................. 84F~wm_58 $ 50.50 Struck through passages are deleted. added. --5-- Underlined passages are 710 BOOK (i) Veteran 744, Florida Statutes: Clerk's service charge .................. $ (j) Exemplified certificates: Clerk's service charge .................. $ Cover sheet ............................. $ Total ................................... $ administration guardianship pursuant (k) Petition for determination of incompetency: to Chapter 25.00 4.00 1.00 5.00 Clerk's service charge $ 25 00 Legal aid .............. - 0 - Law library $ 10.00 Court facility . . State court education trust fund ........ $ 2.50 Total ................................... $ 45.50 PART C. AMENDMENT OF SECTION 1-7-4. CHARGES AND COSTS. Section 1-7-4 (County Court Costs) is hereby amended to read as Section 1-7-4. Upon the county court, shall pay the (a) COUNTY COURT CIVIL DIVISION County Court Civil institution of any Civil Division Charges and follows-. Division Charges and Costs. civil action or proceeding in the plaintiff, when filing his action or proceeding following service charges: Claims of less than one hundred dollars $100.00): Filing fee .............................. $ 10.00 Legal aid ...................... - 0 - Court facility ~...~...~.. ~..~...~.. $ 2.00 Law library ................... $ 2.00 State court ~ucatio~ %rust f~ ..... ~ $ 2.50 State court cost ........................ $ 7.00 Mediation-Arbitration charge ............ $ 5.00 Total ............................ 8--~oo=~) $ 28.50 Struck passages are deleted· added. --6-- Underlined passages are (b) (c) (d) (e) (f) Claims of one hundred dollars ($100.00) or more but less than two thousand five hundred dollars (82,500.00): Filing fee .............................. Legal aid ............................... Court facility .......................... Law library ............................. State court education trust fund ........ State court cost ........................ Mediation-Arbitration charge ............ 25.00 -- 0 -- 7.00 2.00 2.50 7.00 5.00 Total ............................. ~ $ 48.50 Claims of more than two thousand five hundred dollars (82,500.00): Filing fee .............................. $ 40.00 Legal aid - 0 - Court facility .......................... $ 12.00 Law library ............................. $ 2.00 State court education trust fund ........ $ 2.50 State court cost ........................ $ 7.00 Mediation-Arbitration charge ............ $ 5.00 Total ~=o =n $ 68 50 Removal of tenant (eviction): Filing fee .............................. $ 35.00 Legal aid .............--- - 0 - Law library___ _____ ___ ____ .... ....... $ 5.00 State court education'trUst'fund'....'''' $ 2.50 State court cost .............. $ 7.00 Mediation-Arbitration ~~ ]iii.. $ 5.00 Total ............................. $=~.~v=n $ 58.50 Additional charge for proceeding of garnishment, attachment, replevin and distress ............................ $ 35. oo Notice of appeal (two (2) separate payments)*: Filing notice of inferior court, county court ............................ $ 50.00 Filing notice to higher court, circuit court ........................... $ 75.00 Struck passages are deleted. added. --7-- Underlined passages are 710 BOOK *These charges do not include service charge for certified copy of notice of appeal to the circuit court. Section 1-7-5. Service charges other than those fixed by this chapter. Service charges other than those fixed in this chapter shall be governed in Section 28.24, Florida Statutes, as amended. Section 1-7-6. Disposition of law library funds. All additional costs collected for the law library shall be set aside by the clerk to be used exclusively for the establishment and maintenance of the county law library. At the end of each month, such clerk will turn over such funds so collected to the board of trustees of the county law library as provided in Chapter 57-1790, Laws of Florida as amended by Chapter 71-895, Laws of Florida. Section 1-7-7. Disposition of court facility funds. All additional costs collected for court facilities shall be set aside by the clerk in a separate account to be used exclusively for the construction, operation and maintenance of court facilities as determined by the board of county commissioners. Section 1-7-8. Reserved. Editor's note - Ordinance No. 86-61, Pt. A, adopted Dec. 9, 1986, specifically repealed former Sec. 1-7-8 in its entirety. Such former section pertained to additional penalty in noncriminal dispositions of traffic infractions and derived from Ord. No. 86-21, Pt. A, enacted July 20, 1986. Struck through passages are deleted. added. --8-- Underlined passages are 710 BOOK Section 1-7-9. Disposition of Mediation-Arbitration Fund. All additional costs collected for mediation-arbitration services shall be set aside by the clerk in the civil court mediation-arbitration account fund, county court mediation- arbitration account fund and the family mediation account fund, as appropriate, to be used to fund circuit civil mediation- arbitration services, county civil mediation-arbitration services and family mediation-arbitration services under the supervision of the Chief Judge for the Nineteenth Judicial Circuit. Th~ Clerk shall forward one and 0/100 ($1.00) dollar of each charge to the Office of the State Courts Administrator for deposit in the state mediation and arbitration trust fund. Section 1-7-910 - 1-7-19. Reserved. PART D. AMENDMENT OF ARTICLE III (FAMILY MEDIATION SERVICE) OF CHAPTER 1-7 (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES. Article III (Family Mediation Service) of Chapter 1-7 (Courts) of the St. Lucie County Code of Ordinances is hereby amended by deleting Article III (Family Mediation Service) in its entirety as follows: ARTICL~ ..... ~ .......... ~ ........ ~ Struck through passages are deleted. added. --9-- Underlined passages are 710 500K St. Lucie County. monthly, ~- ~A .. ~ ~--d =-- ..... t.l ...... ~ ........ ~ of 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. ~°=~.~'- through passages are deleted. added· -10- Underlined passages are 710 BOOK 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 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 on October 1, 1990. PART I. ADOPTION. After motion and second the vote on this ordinance was as follows: Commissioner R. Dale Trefelner AYE Vice Chairman Havert L. Fenn AYE Commissioner Judy Culpepper AYE Chairman Jack Krieger AYE Commissioner Jim Minix AYE PART J. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ...... through passages are deleted. added. -11- Underlined passages are 710 ..2400 "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. PASSED AND DULY ENACTED this 25th day of Septembe~ 1.990. ATTEST: BOARD OF COUNTY ST. LUCIE COUNTY, ~0 ~T-9 Ag:0~ 107216.5 Struck through passages are deleted. added. -12- Underlined passages are 7 I0 ORDINANCE NO. 90-40 AN ORDINANCE RELATING TO THE DISPOSAL OF SOLID WASTE WITHIN ST. LUCIE COUNTY, FLORIDA; CREATING ARTICLE IV (MANDATORY DISPOSAL) OF CHAPTER 1-9 (GARBAGE, TRASH AND REFUSE) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; PROVIDING A TITLE AND AUTHORITY; SETTING FORTH FINDINGS AND A STATEMENT OF INTENT; PROVIDING DEFINITIONS; PROVIDING FOR THE MANDATORY DISPOSAL OF SOLID WASTE; SETTING FORTH PROHIBITED ACTS; PROVIDING FOR PENALTIES; PROVIDING THAT THE PENALTIES PROVIDED HEREIN ARE NOT EXCLUSIVE; PROVIDING FOR REVOCATION OF PERMITS TO OPERATE GARBAGE DISPOSAL SERVICES UNDER CERTAIN CIRCUMSTANCES; AMENDING SECTION 1-9-19 OF ARTICLE II (ABANDONED PROPERTY, GARBAGE, TRASH, JUNK AND DEBRIS) OF CHAPTER 1-9 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES, RELATING TO THE ABANDONMENT OF PROPERTY ON PRIVATE PROPERTY IN THE UNINCORPORATED AREA; AMENDING ARTICLE III (GARBAGE AND TRASH COLLECTION) OF CHAPTER 1-9 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY AMENDING SECTION 1-9-21 TO REQUIRE THE PROVISION OF A SCHEDULE OF RATES BY APPLICANTS FOR PERMITS TO OPERATE GARBAGE DISPOSAL SERVICES AND PROVIDING FOR AN APPLICATION FEE TO BE ESTABLISHED BY RESOLUTION OF THE BOARD; AMENDING SECTION 1- 9-22 TO CLARIFY THAT THE PERMIT SHALL BE VALID THROUGH DECEMBER 31 AND SUBJECT TO RENEWAL THEREAFTER; AMENDING SECTION 1-9-24 TO REVISE THE PROCEDURE FOR REVOCATION OF CERTAIN PERMITS; AND BY AMENDING SECTION 1-9- 25 TO REQUIRE A SCHEDULE OF RATES TO BE PROVIDED ANNUALLY FOR PERMIT RENEWAL AND FOR THE ESTABLISHMENT OF A PERMIT RENEWAL FEE; 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: PART A. CREATION OF SECTIONS 1-9-28 THROUGH 1-9-35 of ARTICLE IV (MANDATORY DISPOSAL) OF CHAPTER 1-9 (GARBAGE, TRASH AND REFUSE) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES 707 ^ 1889 ~,OOK Struck ~..~..~ passages are deleted. added. Underlined passages are ARTICLE IV. MANDATORY DISPOSAL Article IV of Chapter 1-9 is hereby created to read as follows: Section 1-9-28. Title and Authority. This Article shall be known as the "St. Lucie County Mandatory Solid Waste Disposal Ordinance". This Article is adopted pursuant to Section 403.706, Florida Statutes. Section 1-9-29. Findings and Statement of Intent. (a) Findings. It is hereby ascertained, determined and declared that: (1) There is an inordinate amount of littering and illegal dumping of solid waste on the public rights-of-way, in public waters and on private lands within St. Lucie County. (2) Such litterinG and illegal dumping constitutes ~ health hazard to the residents of the County and an invasion of the property rights of landowners. (3) Such littering and illegal dumping often results in the creation of an unsanitary nuisance. (4) The requiring of all persons owning or occupying property within the County to dispose of all solid waste generated on such property at a solid waste disposal facility which is operated, maintained or approved by the Board of County Commissioners will greatly reduce the instances of illegal dumping and litterinG. °~ .... '- through passages are deleted. added. -2- 707 BOOK Underlined passages are (5) It is necessary to the health, welfare and safety of the residents of the County to provide for a comprehensive program of solid waste disposal. (6) The ability of the Board of County Commissioners to control the flow of solid waste to solid waste (b) disposal facilities operated, maintained or approved by the Board is an essential factor in obtaining financing for required improvements to these facilities. Intent. It is the intent of the Board of County Commissioners to require owners and occupants of all property within the County to have all solid waste generated on such property disposed of in a proper, sanitary and efficient manner. Section 1-9-30. Definitions. For the purpose of this Article, the definitions contained in this Section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present. tense include the future, words in the plural include thc, singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary. (a) "Board" shall mean the Board of County Commissioners of St. Lucie County, Florida. (b) "Clean debris" shall mean any solid waste which iz; virtually inert and which is not a pollution threat to groundwater or surface waters and is not a fire hazard Struck through passages are deleted. added. -3- 707 BOOK Underlined passages are and which is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes uncontaminated (c) (d) (e) (f) (q) (h) (i) concrete, including embedded pipe or steel, brick, glass, and ceramics. "County" shall mean St. Lucie County, Florida. "Garbage" shall mean all kitchen and table food waste, animal or vegetable waste that is attendant with or results from the storage, preparation, cooking or handling of food materials. "Occupant" shall mean the person or persons occupying ProPerty, either the owner or other than the owner of such property if such person occupies the property with the express or implied consent of such owner. "Owner" shall mean the person or persons owning property. "Person" shall mean any individual, partnership, firm, organization, corporation, association or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. "Recyclable Materials" shall mean newspapers, aluminum cans, bottles, jars and other glass or plastic items. "Solid Waste" includes garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, or other discarded material, including solid, liquid, semisolid, or contained qaseous material resulting Struck ~..~.,~ passages are deleted. added. -4- °" 707 Underlined passages are (1) from domestic, industrial, commercial, mining, agricultural, or governmental operations: "Solid Waste Disposal Facility" shall mean any solid waste disposal management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from thc process of incinerating municipal solid waste. Special waste shall mean solid waste that can requiro special handling and management, including, but not limited to, white goods, whole tires, used oil, mattresses, furniture, lead-acid batteries, and biological wastes. "Unsanitary Nuisance" shall mean the commission of any act or the giving of the permission for the commission of any act or the keeping, maintaining, propagating or permitting the existence of any solid waste by any person by which health or life may be threatened or impaired or by which disease may be caused. Tho keeping of the following materials on any real property shall be considered an unsanitary nuisance: untreated and improperly treated human waste, dead animals or dangerous waste materials resulting from manufacturing processes or pollutant gases and noxious odors which are harmful to health or to human and animal life. The creation, maintenance or causing of any condition capable of harborinG, attracting or ~ruc~ through passages are deleted. added. -5- 707 Underlined passages are (m) breeding flies, mosquitos, or other arthropods and rodents capable of physical harm and transmitting diseases directly or indirectly to humans shall also be considered an unsanitary nuisance. White goods shall mean inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. (n) Yard trash shall mean vegetative matter resulting from landscaping maintenance and land-clearing operations. Section 1-9-31. Mandatory Disposal of Solid Waste. All solid waste generated within the County shall be disposed of exclusively at a solid waste disposal facility which is operated, maintained, or approved by the Board except for those recyclable materials which the Board authorizes for recycling either by the Board or by private enterprise or specified in an interlocal recycling agreement between the Board and one of the municipalities within the County. Section 1-9-32. Prohibited Acts. (a) No person shall place, deposit or dispose of any solid waste except at a solid waste disposal facility which is operated, maintained or approved by the Board except for those materials which the Board authorizes for recycling either by the Board or by private enterprise or specified in a recycling agreement between the Board and one of the municipalities within the County. ~°~ .... ~" ~.,~ ..... ~,,~ passages are deleted. added. --6-- 707 Underlined passages are (b) No person shall place or deposit for temporary storage any solid waste anywhere in the County in such a manner that it may be carried or deposited by the uncontrolled physical elements upon any public property or upon the land of another person. (c) It shall be unlawful to scatter or spread about or cause to scatter or spread about any solid waste which has been set out for removal by a person holding a permit obtained pursuant to Article III of Chapter 1-9 of the St. Lucie County Code of Ordinances. (d) No owner or occupant shall maintain or permit an unsanitary nuisance on any property. Section 1-9-33. Penalties. Any person found guilty of violating any provisions of this Article shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the County jail not to exceed sixty (60) days or by both such fine and imprisonment. Section 1-9-34. Remedies. In addition to the penalties as provided herein, the County may have recourse to such other remedies as provided in law and equity to ensure compliance with the provisions of this Article, including temporary and permanent injunctive relief and recovery of damages. Each day a violation of this Article continues unabated shall be deemed a separate violation of same for penalty purposes. ~°~- .... ~'- ~,,, .....u~,,~ passages are deleted. added. --7-- 707 BOOK Underlined passages are Section 1-9-35. Revocation of Certain Permits. The Board shall revoke a permit to operate qarbage disposal services issued pursuant to Article III of Chapter 1-9 of the St. Lucie County Code of Ordinances of any person violatinq a provision of this Article. The Board shall follow the procedure~ for revocation of the permit provided in Section 1-9-24 of Chapter 1-9. PART B. AMENDMENT OF ARTICLE II (ABANDONED PROPERTY, GARBAGE, TRASH, JUNK AND DEBRIS) of Chapter 1-9 (GARBAGE, TRASH AND REFUSE) Section 1-9-19(a) of Article II of Chapter 1-9 is hereby amended to read as follows: Section 1-9-19. Same -- In or on private property. (a) No person shall discard, place, abandon, accumulate, or permit or cause to be discarded, placed, abandoned or accumulated any abandoned property on private property in the unincorporated areas of the county unless such abandoned property is stored in an enclosed structure or at an authorized junk or auto wrecking yard. No person shall throw, discard, place, abandon, accumulate or permit or cause to be thrown, discarded, placed, abandoned or accumulated any abandoned property, garbage, trash, junk or debris on private property in the unincorporated areas of the County except at a solid waste disposal facility which is operated, maintained or approved by the Board ...... th ..... d ....... ~ ........... Fl~d~ Department~= E .............. t~l Struck through passages are deleted. added. 8 Underlined passages are 707 PART C. AMENDMENT OF ARTICLE III (GARBAGE AND TRASH COLLECTION) OF CHAPTER 1-9 (Garbage, Trash and Refuse) of the St. Lucie County Code of Ordinances. Article III of Chapter 1-9 is hereby amended as follows: Section 1-9-21. Application for Permit. (a) Any person, firm, corporation, association, governmental entity, or other such organization seeking a permit under this article shall submit a completed application to the Board. (b) The application for a permit shall include: (1) (2) (3) Evidence that each driver possesses a valid Florida driver's license, as required by Chapter 322, Florida Statutes, for the vehicles to be used in performing garbage and trash collection services. Proof of adequate insurance coverage for claims arising out of injury or death of persons and damage to the property of others resulting from any cause for which the owner of such business or service would be liable. The required liability insurance shall be in amount of not less than five hundred thousand ($500,000.00) combined single limit for bodily injury and property damage. Documentation that the vehicle(s) and other equipment meet the requirements of Chapter 316, Florida Statutes, and the following regulations: Struck through passages are deleted. added. --9-- Underlined passages are 707 (4) (5) (6) (a) Each vehicle collecting garbage and trash shall be equipped with solid sides, bottom, and tailgate, and with a solid cover over the top to prevent trash and garbage from blowing or falling from the truck. (b) Each vehicle shall have the name of the permit holder and the permit number painted on each door, or in a conspicuous place on each side, in letters not less than three (3) inches in height. Proof of a valid contract or agreement for disposal of solid waste with a l~..df~ll or A~A-- solid waste disposal facility which is operated, maintained or approved by the Board ~ ..... d '~" Fl~d~ D~partm~nt of Schedule of rates charged to residential and commercial customers. Should any changes occur in the rate schedule, any applicant issued a permit by the Board shall file a revised rate schedule. A fee as established by resolution of the Board to cover the costs of processinq the application. Struck ~,,~,,~ passages are deleted. added. -10- Underlined passages are 707 ^ 1598 ~OOK Section 1-9-22. Notice of application; issuance of permit. (a) The Board shall give notice of the filing of any application pursuant to this article by publishing, at the applicant's expense, legal notice in a newspaper of general circulation in St. Lucie County. Such notice shall be in substantially the following form: Notice of Application for Permit to Operate Garbage and Trash Removal Collection, and Disposal Services Notice is Hereby Given that pursuant to Article III of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, (name of applicant), whose business address is , has made application to the Board of County Commissioners for a permit to operate garbage and trash removal, collection, and disposal services in the unincorporated areas of St. Lucie County. The Board will consider the application at its regular meeting to be held in the County Commission Chambers, 3rd Floor~,~... .... ~n~, St. Lucie County Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida, 9:00 a.m. on Dated this day of Board of County Commissioners St. Lucie County, Florida (b) The Board shall consider an application filed under this article at a regular meeting held no sooner than fourteen (14) days following publication of the notice of filing the application. (c) Upon finding that the applicant has met all applicable requirements, the board shall issue the applicant a permit pursuant to this article. The permit shall be valid from the date of issuance through December 31 of that year. Prior to December 31, the permit must be renewed pursuant to Section 1-9- 25 of this Article. Section 1-9-24. Revocation of permit. ~rucx through passages are deleted. added. -11- Underlined passages are 707 BO0~ (a) The Board shall revoke any permit issued under this Article for failure of the permit holder to meet any requirement of this Article or any rule or regulation adopted by the Board including the Mandatory Solid Waste Disposal Ordinance. (b) Notice of the Board's intent to revoke a permit shall be sent to the permit holder by certified mail. Such notice shall include a brief statement of the facts and the basis for revoking the permit. If the permit holder disputes the facts provided in the notice or the proposed revocation of the permit, he shall within ten (10) days of the date the notice is sent request a hearing in writinq from the Board . If the permit holder fails to timely request a hearinq, the permit shall be deemed revoked. If the permit holder timely requests a hearing, the Board shall schedule a hearing at the next available Board meeting to review the proposed revocation of the permit and hear Struck through passages are deleted. Underlined passages are added. -12- 0 I~ 707 such relevant matters as may be presented by the permit holder. The hearing shall be conducted in a manner designed to obtain all evidence and information relevant to the proceeding. The formal rules of civil procedure and evidence shall not apply, however the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard to present information and evidence. Thereafter, the Board shall determine whether the permit holder violated the permit requirements and whether the permit should be revoked. The decision of the Board shall be in writing and provided to the permit holder. Section 1-9-25. Permit renewal. (a) On or before January 1 of each year, every holder of a permit issued pursuant to this article who wishes to renew the permit shall submit the following ~ ..... 4__ (1) Evidence that each driver possesses a valid Florida Driver's License, as required by section 1-9- 21(b)(i). (2) A certificate of insurance in the amount required by section 1-9-21(b)(2). (3) Documentation that any vehicle not listed on the permit application meet the requirements of section 1-9-21(b)(3). (4) Schedule of rates currently charged to residential and commercial customers. Should any changes occur in the rate schedule after submittal, the permit holder shall file a revised rate schedule. ~°~" ~..~w..~ passages are deleted. added. Underlined passages are 707 (5) Such fee for renewal of the permit as established by resolution of the Board. (b) A permit renewed pursuant to this section shall be valid from January 1 through December 31. (c)~, If a permit holder fails to ~ comply with the provisions of ~y this section, such permit shall be sub3ect to revocation as set forth in section 1-9-24. PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, holdinG shall not affect the ordinance. PART F. APPLICABILITY. inoperative, or void, such remaininG portions of this Part A. Sections 1-9-28 through 1-9-34 shall be applicable throughout St. Lucie County except where in conflict with a municipal ordinance to the extent of such conflict. Part A Section 1-9-35, Part B, and Part C shall be applicable throughout the unincorporated area of St. Lucie County only. Struck through passages are deleted. added. -14- Underlined passages are OR 707 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 on September 1, 1990. PART I. 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 AYE AYE AYE PART J. 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 D through J shall not be codified. Struck ~..~u~..~ passages are deleted. added. -15- Underlined passages are 707 PASSED AND DULY ADOPTED this 4th day of September, 1990. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHA] APPROVED AS TO CORRECTNESS: ~ ~_P 14 P1 1067819 DOUGLAS gi×O.N ~'. SI LdC~E CFE~Ni'T. Struck ~ ...... passages are deleted added. -16- Underlined passages are 707 BOOK 1072159 ORDINANCE NO. 90-41 AN ORDINANCE AMENDING CHAPTER 1-10.7 PREVIOUSLY "JUVENILE WELFARE" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CHANGING THE LANGUAGE IN THE COUNTY-WIDE INDEPENDENT SPECIAL DISTRICT TO PROVIDE CHILDREN SERVICES RATHER THAN JUVENILE WELFARE SERVICES THROUGHOUT ST. LUCIE COUNTY; AMENDING SECTION 1-10.7-2 TO PROVIDE THAT SPECIAL DISTRICTS SHALL BE REQUIRED TO LEVY AND FIX A MILLAGE; AMENDING SECTION 1-10.7-3 TO PROVIDE FOR APPOINTMENT PROCEDURES, RESIDENCY REQUIREMENTS, AND MEMBERSHIP REMOVAL; AMENDING SECTION 1-10.7-4 TO PROVIDE FOR ADDITIONAL POWERS AND FUNCTIONS, PROVIDE THAT NO PURCHASES OF REAL ESTATE, EQUIPMENT AND PERSONAL PROPERTY OR BUILDING BE DONE UNLESS PAID FOR WITH CASH ON HAND OR SECURED BY FUNDS DEPOSITED IN FINANCIAL INSTITUTIONS, AND PREVENTING THE DISTRICT TO ISSUE BONDS OF ANY NATURE NOR REQUIRE THE IMPOSITION OF ANY BOND BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDE FOR ELECTION OF OFFICERS IMMEDIATELY FOLLOWING APPOINTMENTS OF MEMBERS, SUBMIT ASSESSMENT OF CHILDREN'S NEEDS IN WRITING; PROVIDE TRAINING AND ORIENTATION, ADOPTION OF BYLAWS AND RULES; PROVIDE FOR ANNUAL WRITTEN REPORT AND MAINTENANCE OF MINUTES OF MEETINGS; PROVIDE FOR PER DIEM AND TRAVEL REIMBURSEMENT, AND PROVIDE FINANCIAL RECORDS FOR AUDIT; AMENDING SECTION 1-10.7-5 TO PROVIDE THE COUNCIL TO COMPUTE A PROPOSED MILLAGE RATE TO FUND THE BUDGET TO BE FIXED BY RESOLUTION AND NOT TO EXCEED 0.5 MILLS OF ASSESSED VALUATION OF ALL PROPERTIES SUBJECT TO AD VALOREM COUNTY TAXES; RENUMBERING AND AMENDING SECTION 1-10.7-7 TO PROVIDE ALL MONIES RECEIVED BY CHILDREN'S SERVICES COUNCIL TO BE DEPOSITED IN QUALIFIED PUBLIC DEPOSITORIES, PROVIDE THAT OFFICER SIGNING CHECKS PROVIDE A ONE THOUSAND DOLLAR SURETY BOND FOR EACH ONE MILLION DOLLARS OF ANNUAL BUDGET; RENUMBERING AND AMENDING SECTION 1- 10.7-8 TO PROVIDE FILING OF FINANCIAL REPORT WITHIN TEN DAYS EXCLUSIVE OF WEEKENDS AND LEGAL HOLIDAYS OF THE EXPIRATION OF EACH QUARTER ANNUAL PERIOD; AND BY MAKING THE SUBSTANTIVE CHANGES REQUIRED PURSUANT TO THE CHANGES DURING THE LEGISLATIVE SESSION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR Struck through passages are deleted. added. -1- Underlined passages are APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTIES; 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 125.901, Florida Statutes (1989) authorizes each county of the State to create an independent special district to provide juvenile welfare services throughout the County in accordance with said act. 2. On April 24, 1990, the Board of County Commissioners adopted Ordinance No. 90-18 which created a county-wide independent special district providing juvenile welfare services throughout St. Lucie County, providing a Governing Board, providing for membership and duties of the council, and providing for authorization of the levy of ad valorem taxes not to exceed one-half mill subject to a referendum. 3. Due to changes by the 1990 Legislative Session which changed the language of juvenile welfare to children's services along with other substantive changes, it is necessary to amend Chapter 1-10.7 of the Code of Ordinances of St. Lucie County, Florida. 4. The Board of County Commissioners believes that the public health, safety, and welfare of the residents of the county will be promoted by amending Chapter 1-10.7 of the Code of Ordinances pursuant to the legislative changes. Struck through passages are deleted. added. -2- Underlined passages are 710 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-10.7 "JUVENILE WELFARE" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Chapter 1-10.7 "Juvenile Welfare" of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by changing and adding the following Sections to read as follows: CHAPTER 1-10.7 ,,~,.,~.,T.~v.~..~ ........ .~-~.,~"~" "CHILDREN'S SERVICES" Section 1-10.7v-1. Title. This ordinance may be cited as the "Children's Services Ordinance." Section 1-10.7-2. Creation of an Independent Special District. There is hereby created, effective July 1, 1990, an independent Special District, as defined in Sections 189.403(3) and 200 001(8)(e), to provide j ........ welfere funding for children's services throughout St. Lucie County in accordance with this Section. The boundaries of such district shall be coterminous with the boundaries of the county. Any district created pursuant to the provisions of this subsection shall be required to levy and fix millage subject to the provisions of Section 200.065. The governing body of the District shall be a board of juvenile welfare to be known as the Children's Services Council of St. Lucie County. Section 1-10.7-3. Membership. The Children's Services Council of St. Lucie County shall consist of ten (10) members, includingl the Superintendent of SchoolsTi a local School Board Member (as selected by the School Struck through passages are deleted. added. -3- Underlined passages are 710 BOOK Board)7l the District Administrator from District IX from the Florida Department of Health and Rehabilitative Services or his designee who is a member of the Senior Management Service or of the Selected Exempt ServicesTl e one member of the Board of County Commissioners (as selected by the Board of County Commissioners)~i and the judge assigned to juvenile cases who shall sit as a voting member of the council, except that said judge shall not vote or participate in the setting of ad valorem taxes under this section. In the event there is more than one judge assigned to juvenile cases in a county, the chief judge shall designate one of the juvenile judges to serve on the council board. The remaining five (5) members shall be appointed by the Governor, and shall, to the extent possible, represent the demographic diversity of the population of the county. After soliciting recommendations from the public, the Board of County Commissioners shall submit to the Governor the names of at least three (3) persons for each vacancy occurrinq among the five (5) members appointed by the Governor, and the Governor shall appoint members to the council from the candidates nominated by the Board of County Commissioners. The Governor shall make a selection within a forty-five (45) day period or request a new list of candidates. All members appointed by the Governor shall have been residents of the county for the previous twenty-four (24) month period. Such members shall be appointed for four (4) year terms, except that the length of the terms of the initial appointees shall be adjusted to stagger the terms. The Governor Struck through passages are deleted. added. -4- Underlined passages are may remove a member for cause or upon the written petition of the Board of County Commissioners. m~.~ ~-~--~ f~v~ ---~--...~..~ cf th~ ~ ..... ~ ~ .... '*~ ......... ~ If any of the members of the council required to be appointed by the Governor under the provisions of this e~ subsection shall resign, die, or be removed from office, the vacancy thereby created shall, as soon as practicable, be filled by appointment by the Governor, using the same method as the original appointment, and such appointment to fill a vacancy shall be for the unexpired term of the person who resigns, dies, or is removed from office. Section 1-10.7-4. Powers and Bu4~ies Functions. +1+. The Children's Services Council of St. Lucie County shall have all of the following powers and ~h~ies functions: (a) To provide and maintain in the County such preventive, developmental, treatment, and rehabilitative services ~h~Id guidance, ~o~ ...... ~ .... , ~ ~ .......... 1 ...... for children ~ as the Council determines are needed for the general welfare of the County. to provide such other services for all children ~ as the Council determines are needed for the general welfare of the County. (c) To allocate and provide funds for other agencies in the County which are operated for the benefit of Struck ~ ..... ~ passages are deleted added. --5-- Underlined passages are 710 BOOK (d) (e) (f) children~h~!-~e~, provided they are not under the exclusive jurisdiction of the public school system. To collect information and statistical data and to conduct research which will be helpful to the Council and the County in deciding the needs of children ~ in the County. To consult and coordinate with other agencies dedicated to the welfare of children ~ to the end that the overlapping of services will be prevented. To lease or buy such real estate, equipment; and personal property and to construct such buildings as are needed to execute the foregoing powers and .... ~- provided that no such functions ~ ~ ~ purchases shall be made or building done unless paid e~ for with cash ~ on hand~ or secured by funds deposited in financial institutions. Nothinq in this subparaqraph shall be construed to authorize a district to issue bonds (g) of any nature, nor shall a district have the power to require the imposition of any bond by the Board of County Commissioners. To employ~ eP~ pay, and provide benefits for any ~ e part-time or full-time ~~, personnel needed to execute the foregoing powers and functions Struck ~,,-~,,~ passages are deleted. added. -6- Underlined passages are 710 BOOK 2. The Children's Services Council of St. Lucie County shall: (a) (b) Immediately after the members are appointed, elect a chairman and a vice chairman from among its members, and elect other officers as deemed necessary by the council. Immediately after the members are appointed and officers are elected, identify and assess the needm of the children in the County and submit to the Board of County Commissioners a written description of: (i) (ii) (iii) The activities, services, and opportunities that will be provided to children. The anticipated schedule for providing those activities, services, and opportunities. The manner in which children will be served, including a description of arranqements and agreements which will be made with community (iv) organizations, state and local educational agencies, federal agencies, public assistance agencies, the .juvenile courts, foster ~ar~ aqencies, and other applicable public and private agencies and orqanizations. The special outreach efforts that will b~ undertaken to provide service to at-risk, abused, or neglected children. Struck through passages are deleted. added. -7- Underlined passages are Boo ° 710 (v) The manner in which the Council will seek and provide funding for unmet needs. (vi) The strategy which will be used for interagency coordination to maximize existing human and fiscal resources. (c) Provide training and orientation to all new members sufficient to allow them to perform their duties. (d) Make and adopt bylaws and rules and regulations for the Council's guidance, operation, governance, and maintenance, provided such rules and regulationm are not inconsistent with federal or state laws or county ordinances. (e) Provide an annual written report, to be presented no later than January 1, to the Board of County Commissioners. The annual report shall contain, but not be limited to, the following information: (i) Information on the effectiveness of (ii) (iii) activities, services, and programs offered by council, including cost-effectiveness. A detailed anticipated budget for continuation of activities, services, and programs offered by council, and a list of all sources of requested funding, both public and private. Procedures used for early identification of at-risk children who need additional or continued services and methods for ensuring ~°~ .... ~" ~..~v~w..~ passages are deleted. added. -8- Underlined passages are 710 BO0~ that the additional or continued services are received. (iv) A description of the degree to which the Council's objectives and activities are consistent with the goals of this section. (v) Detailed information on the various programs, services, and activities available to participants and the degree to which the programs, services, and activities have been successfully used by children. (vi) Information on programs, services, and activities that should be eliminated; programs, services, and activities that should be continued; and programs, services, and activities that should be added to the basi~ format of the Council. The Council shall maintain minutes of each meeting, including a record of all votes cast, and shall make such minutes available to any interested person. 4. Members of the Council shall serve without compensation, but shall be entitled to receive reimbursement for per diem and traveling expenses consistent with the provisions of Section 112.061, Florida Statutes. (2) 5. All financial records and accounts relating to the district shall be available for audit ~--'-- -~ account shall ~ k~ ~-- thc C ...... 1 ~- ~t~ - ~-~-~ Struck through passages are deleted. added. -9- Underlined passages are 710 BOOK ~ff ........ ~ b~d shall ~ A ....... · ......... ~A~ state auditors as are assigned from time to time to audit the affairs of the County officials. If no annual audit of the district is conducted by the state, the Council shall cause an independent audit of the district to be conducted. Section 1-10.7-5. Fiscal Year. +1+. The fiscal year of the district shall be the same as that of the County. +2+~ On or before July 1 of each year, the Children's Services Council of St. Lucie County shall prepare a tentative ....... ~ an annual written budget of the district's &4~s expected income and expenditures, includin~ a contingency fund. The Council shall, in addition, compute a proposed millage rate within the voter-approved cap necessary to fund the tentativ~ budget and, prior to adopting a final budget, comply with th~ provisions of Section 200.065, relating to the method of fixing millage, and shall fix the final millage rate by resolution of the Council. The adopted ~ budget and final millage rat~ shall be certified and delivered to the Board of County Commissioners as soon as possible following the council'.e adoption of the final budget and millage rate pursuant to Chapter 200 A~--d ~ Co nty of each year. Included in each certified budget shall be em ~- ~-~ ~ the millage rate, adopted by resolution of the Council, necessary to be applied to raise the funds budgeted for district operations and expenditures~ In no circumstances, Struck through passages are deleted. added. -10- Underlined passages are 710 BOOK ,h~h -: II~ rate however, shall any district levy millage to -- ~..~-~ .......~ exceed a maximum of 0.5 mills ~v=n ~-~-&-.~o ~- ~h~-- ~ 000 of assessed valuation of all properties within the County which are subject to ad valorem County taxes. +3+_ The budget of the Child .... '-o ~ ° ....~o~-~ Council district so certified and delivered to the Board of County Commissioners shall not be subject to change or modification by the Board of County Commissioners or any other authority. Section 1-10.7-~_6. Levying of Ad Valorem Taxes. ~-~-~ ~- ~ .... ..... "~ = ~ ~ =~- ~ Ch that ~ ~ ~ ..... -~ ~- ~-~-:~ "-~:-~ ~'- ~- County ---'~- ~' ~ b h Id ................. z All tax money collected under this ~ Section, as soon after the collection thereof as is reasonably practicable, shall be paid directly to the Children's Services Council by the Tax Collector of the County. All ~ moneys ~ received by the Children' s Services Council, shall be deposited in qualified public depositories, as defined in Section 280.02, with separate and Struck through passages are deleted. added. -11- Underlined passages are 7i0 distinguishable accounts established specifically for the Council ..... ~-~ ~--' ........ ~ and shall be withdrawn only by checks signed by the chairman of the Council and countersigned by either one other member of the Council or by a chief executive officer7 who shall be so authorized by the Council. Upon entering the duties of office, ~he Chairman and other member of the Council or chief executive officer who signs its checks shall each give a surety bond in the amount of at least one thousand dollars ($1,000.00) for each one million dollars ($1,000,000.00) or portion thereof of the Council's annual budget, on~ ~ ...... ~ dollars~,vvv.vv~'~ ~n~ nn~ which bond shall be conditioned that each shall faithfully discharge the duties of ~ his office. The premium on such bond may be paid by the district as part of th~ expense of the Council. No other member of the Council shall be required to give bond or other security. No funds of the Council district shall be expended except by check as aforesaid, except expenditures of petty cash account which shall not at any time exceed one hundred dollars ($100.00) t~nty f~ ~ ($25.00). Ail expenditures from petty cash shall be recorded on the books and records of the Children's Services Council. No funds of the Council, except the expenditure of petty cash, shall be expended without prior approval of the council, in addition to the budgeting thereof. Section 1-10.7-8~. Financial Report. Within ten (10) days, exclusive of weekends and leqa] holidays, after the expiration of each quarter annual period, the Struck ~,,~,,~ passages are deleted. added. -12- Underlined passages are 710 A 2350 ~001( Children's Services Council shall cause to be prepared and filed with the Board of County Commissioners a financial report which shall include the following: (a) The total expenditures of the Council for the quarter annual period. (b) The total receipts of the Council for the quarter annual period. (c) A statement of funds the Council has on hand, has invested, or has deposited with qualified Dublic depositories ~ ~ at the end of the quarter annual period. (d) The total administrative costs of the Council for the quarter annual period. Section 1-10.7-8. Referendum. There is hereby authorized for the October 2, 1990, Election, the calling of a referendum of the qualified electors residing in the County to carry out the purposes and intent of this ordinance, and of Section 125.901, Florida Statutes (1989) and to do all things necessary to implement and fund the Children's Services Council and the independent district created hereby in accordance with the terms of this ordinance and the laws pertaining to elections. The Board of County Commissioners shall, by Resolution, establish the language of the ballot question. PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and Struck through passages are deleted. added. -13- Underlined passages are 710 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. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. 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 become law on October 1, 1990. 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: ~°~ .... ~" ~,.~ ..... ~,.~ passages are deleted. added. -14- Underlined passages are 710 ~OOK Chairman R. Dale Trefelner AYE Vice-Chairman Havert L. Fenn AYE Commissioner Judy Culpepper AYE Commissioner Jim Minix AYE Commissioner Jack Krieger 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 through I shall not be codified. PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County, Florida, 1990. ATTEST: on this 25th day of September, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA:,: Ah COU~T~ATTORNEY 001--9 8:55 10721.59 St ' ~',~r ~t';.~' Struck through passages are deleted. added. -15- Underlined passages are 710 BOOK · ' 1065219 ORDINANCE NO. 90-42 AN ORDINANCE AMENDING SECTION 1-2-16.1, (LONGEVITY AND SPECIAL RECOGNITION AWARDS TO COUNTY EMPLOYEES), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROVIDING FOR COUNTY EMPLOYEE APPRECIATION BREAKFASTS, LUNCHEONS, DINNERS OR SPECIAL EVENTS; 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. Pursuant to Ordinance No. 87-54, adopted on July 28, 1987, this Board determined that expenditure of county funds for the purchase and presentation of awards to County employees for longevity of service or outstanding service or achievement in connection with County employment and breakfasts, luncheons, dinners or special events during which such awards are presented constituted a valid and proper expenditure of County funds. 2. In recognition of the fact that the successful functioning of County government depends in large part upon the performance and the morale of all County employees, this Board hereby determines that the holding of events to recognize the important role County employees play in the functioning of County government constitutes a valid and proper expenditure of County funds. 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' BOOK PART A. AMENDMENT OF SECTION 1-2-16.1 (LONGEVITY AND SPECIAL RECOGNITION) OF CHAPTER 1-2 (ADMINISTRATION). Section 1-2-16.1 of Article II of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-2-16.1. Longevity and special reco~n£tion awards to county employees. (a) Definition. The term "county employee" as used in this section shall included all employees of the following: (1) Board of county commissioners. (2) Fort Pi~rca St. Lucie County Port and Airport Authority. (3) St. Lucie County Mosquito Control District. (4) St. Lucie County Erosion Control District. (5) Any county constitutional officer who desires to participate in the award program. (b) Expenditures from county funds. The following expenditures are deemed to constitute valid and proper county purposes for which county funds may be used: (1) The purchase and presentation of awards to county employees for longevity of service or outstanding service or achievement in connection with county employment. Such awards may include framed certificates, plaques, pins and other suitable tokens of recognition as determined by the board of county commissioners. (2) Breakfasts, luncheons, or dinners during which such awards shall be presented to the recipient county employees. (3) Breakfasts, luncheons, dinners, or special events during which all county employees shall be recognized for their service to the county. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and Struck ~,.~,.~ passages are deleted. added. -2- Underlined passages are 705 , .2273 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 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. 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 F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman R. Dale Trefelner AYE ~rucA through passages are deleted. added. --3-- Underlined passages are 705 Vice-Chairman Havert L. Fenn AYE Commissioner Judy Culpepper 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 H shall not be codified. PASSED AND DULY ADOPTED this 21st day of August, 199~?? ATT~T: Add Fee $_ St. Lucie County Doc Tax $ Clerk of Circuit Court lm Tax $ By ~ Clerk~ BOARD OF COUNTY ST. LUCIE COUNTY CHAIRMAN APPROVED AS TO FORM CORRECTNESS:,/,'i:~i,:7 COUN Y ATTORNEY !,31 A9:52 1085210 Struck ~ ..... ~ passages are deleted added. -4- Underlined passaggs'are 705 BOOK Add Fee $ St. Luciz County Doc Tax $ ~ Clerk of CircuR Court Int Tax $ By _ .~ Deput~ Cler~ 1070720 ORDINANCE NO. 90-44 AN ORDINANCE AMENDING SECTION 1-20.5-3 OF ARTICLE I (WATER AND SEWER UTILITIES REGULATION) OF CHAPTER 1-20.5 (WATER AND SEWER) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES TO DELETE THE REQUIREMENT THAT THE WATER AND SEWER AUTHORITY SHALL MEET AT LEAST BI-MONTHLY, BUT REQUIRING THAT THE AUTHORITY SHALL MEET AS OFTEN AS NECESSARY TO DISCHARGE ITS DUTIES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVEHABILITY 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. Section 1-20.5-3(n) of the St. Lucie County Water and Sewer Utilities Regulatory Ordinance currently provides that the Water and Sewer Authority shall meet as often as necessary, but not less than bi-monthly, to discharge its duties. 2. With the acquisition of General Development Utilities by the County, there is not sufficient business coming before the Authority to require two meetings per month. 3. Accordingly, it is appropriate to amend Section 1-20.5- 3(n) to delete the requirement that the Authority meet at least bi-monthly while continuing to require that the Authority meet as often as necessary to discharge its duties. 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 709 PART A. AMENDMENT OF SECTION 1-20.5-3 OF ARTICLE I (REGULATION OF WATER AND SEWER UTILITIES) OF CHAPTER 1-20.5 (WATER & SEWER) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Section 1-20.5-3 of Chapter 1-20.5 is hereby amended as follows: SECTION 1-20.5-3. St. Lucle County Water and Sewer Authority - Powers and Duties. (n) The Authority shall meet as often as necessary, but .not ~._. ~__ ~ _A_a~,.. to discharge its duties pursuant to this Chapter. Five members shall constitute a quorum except for matters involving the setting of rates or charges. In situations involving rate setting or charges, a quorum of seven is required and a majority of five members is required before any action may be taken. In all other situations a majority vote of those present is required to take any action pursuant to this article. PART B. CONFLICTINO 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 m~...~w..~ passages are deleted. added. --2-- Underlined passages are 709 BOOK 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 R. Dale Trefelner Vice-Chairman Havert L. Fenn Commissioner Judy Culpepper Commissioner Jim Minix Commissioner Jack Krieger CODIFICATION. Aye Aye Aye Aye Aye Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 18th day of September, 1990. Struck m~ ..... ~ passages are deleted added. --3-- Underlined passages are 709 BOOK ...... ~,, passages are deleted. added. -4- Underlined passages are °~ 709 ~a2095 BOOK 1074582 ORDINANCE NO. 90-45 AN ORDINANCE AMENDING CHAPTER 1-20.5 (WATER AND SEWER) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY ADDING ARTICLE IV (UNIFORM WATER AND SEWER SERVICE POLICY); PROVIDING FOR READOPTION BY ORDINANCE OF CERTAIN PROVISIONS OF THE UNIFORM WATER AND SEWER SERVICE POLICY OF ST. LUCIE COUNTY (DISTRICT NO. 1) FOR PURPOSES OF ENFORCEMENT; PROHIBITING UNAUTHORIZED CONNECTIONS - SEWER; PROHIBITING UNAUTHORIZED CONNECTIONS - WATER; PROHIBITING THE DISCHARGE OF INDUSTRIAL WASTEWATER; REQUIRING GREASE TRAPS, OIL SEPARATORS; PROHIBITING THE DISCHARGE OF HAZARDOUS WASTES; REQUIRING THAT ALL WATER SHALL PASS THROUGH THE METER; 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 June 12, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted Resolution No. 90-178 which adopted a Uniform Water and Sewer Service Policy for the St. Lucie County Water and Sewer District No. 1; and, 2. The Board of County Commissioners desires to readopt certain provisions of the Uniform Water and Sewer Service Policy for the St. Lucie county Water and Sewer District No. 1 previously adopted by Resolution 90-178 in ordinance form to provide additional enforcement powers for said provisions. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Struck ~,,~,,~ passages are deleted. Underlined passages are added. 71 2lmm! 7 t 8 PART A. AMENDMENT OF CHAPTER 1-20.5 (WATER AND SEWER) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY ADDING ARTICLE IV (UNIFORM WATER AND SEWER SERVICE POLICY) Chapter 1-20.5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding Article IV (Uniform Water and Sewer Service Policy) to read as follows: ARTICLE IV. UNIFORM WATER AND SEWER SERVICE POLICY Section 1-20.5-52 Definition. For the purpose of this article, District is the St. Luci~ County Water and Sewer District No. 1. Section 1-20.5-53. Unauthorized Connections - Sewer Connections to the District's sewer system for any purpose whatsoever are to be made only by employees of the District or under direct supervision of the District's authorized employee. Unauthorized connections render the service subject to immediate discontinuance without notice and sewer service will not be restored until such unauthorized connections have been removed and unless settlement is made in full and for all penalties, damages and sewer service established by the District to have been used by reason of such unauthorized connection. Section 1-20.5-54. Unauthorized Connections - Water Connections to the District's water system for any purpose whatsoever are to be made only by employees of the District or under direct supervision of the District's authorized employee. Unauthorized connections render the service sub.ject to immediate discontinuance without notice and water service will not be restored until such unauthorized connections have been removed Struck through passages are deleted. added. 2 Underlined passages are 0712 719 and unless settlement is made in full and for all penalties, damages and water service established by the District to have been used by reason of such unauthorized connection. Section 1-20.5-55. Industrial Wastewater The District will accept only domestic wastewater in its sewer system. No industrial wastewater or the like, including septage, shall be discharged into District's sewer system unless proper pretreatment facilities are provided on customer's premises by customer, properly operated and approved in writing by District and all applicable regulatory agencies. Section 1-20.5-56. Grease Traps, Oil Separators Ail commercial food preparation facilities and all other facilities generating wastewater with high grease and/or oil concentrations must have a grease trap to intercept these wastes prior to discharge into the District's sanitary sewer system. Location and type of grease trap used must be approved, in writing, by District and all applicable regulatory agencies. Grease traps must be properly maintained by customer or owner. Design and maintenance of grease traps shall be in accordance with St. Lucie County rules, regulations and codes, and shall conform to the specifications and requirements of the District. If grease and/or oil in excess of allowable amounts, in accordance with District's and regulatory agency requirements, is discharged, District shall inform operator and/or owner of premises to properly repair and maintain or replace, if necessary, said grease traps. Failure to cease discharging Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are wastewater with high grease and/or oil concentrations shall be cause for discontinuance of water and sewer service. Section 1-20.5-57. Hazardous Wastes No hazardous wastes of any kind shall be discharged into District's sewer system under any circumstances without prior written authorization from District. Failure to comply with this rule shall be cause for discontinuance of water and sewer service and violator(s) will be subject to criminal prosecution. Section 1-20.5-58. All Water Through Meter That portion of the customer's installation for water service shall be so arranged that all water service shall pass through the meter. No temporary pipes, nipples, or spacers are permitted and under no circumstances are connections allowed which may permit water to by-pass the meter or metering equipment. 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 =~..~v~..~ passages are deleted. added. --4-- Underlined passages are 7 1 2 P E't 7 2 ! 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 immediately upon adoption. 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 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. Struck ~..~..~ passages are deleted. added. --5-- Underlined passages are t 2 PASSED AND DULY ADOPTED this 9th day of October, ~1~90~ BO~.D o, co~,Y ST. LUCIE COUNT~ /FLOR:IDA 1074582 Struck through passages added. are deleted. Underlined passages are -6- o~:07t2 1~[t72:3 DOUGLAg')IX~)N Ad e $ St. Lucie Co~mty Doc Tax $ ~ Clerk of Cir(~i~ Court Tax $__.____ By 0RDIN~CE N0. 90-46 ~oml $ /~ ~ Deputy Cler~ AN ORDINANCE AMENDING CHAPTER 1-18 (SHERIFF) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; BY ADDING SECTION 1-18-2 (COMBAT AUTOMOBILE THEFT PROGRAM); PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION 10S167S Z WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 316.008, Florida Statutes, authorizes the County to enact an ordinance providing for the establishment of a "Combat Automobile Theft" program and due to the excessive number of vehicles stolen in St. Lucie County during the hours of 1:00 a.m. and 5:00 a.m., the Board of County Commissioners of St. Lucie County, Florida, in cooperation with the St. Lucie County Sheriff's Department, believes that the public health, safety, and welfare of the residents of the County will be promoted by taking precautionary measures to deter the number of automobile thefts. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-18. SHERIFF Chapter 1-18 (Sheriff) of the St. Lucie County Code of Ordinances is hereby amended by adding Section 1-18-2 (Combat Automobile Theft Program) as follows: ~°~ .... ~" ~.** ..... ~,,~ passages are deleted. added. -1- Underlined passages are 0717 P11 £2 ,01 CHAPTER 1-18 SHERIFF Section 1-18-1. Required to maintain motor vehicle liability insurance. The sheriff of the county shall maintain insurance against legal liability for the death, injury, or disability of any person arising from or in connection with the operation of any motor vehicle owned, leased or operated by the sheriff of said county, or any of his employees, to the extent of not less than one hundred thousand dollars ($100,000.00) bodily injury liability per person; three hundred thousand dollars ($300,000.00) bodily injury liability per occurrence and fifty thousand dollars (850,000.00) property damage liability per accident. State law reference - Sheriff authorized to secure liability insurance for claims growing out of performance of duties of the sheriff or his deputies, F.S. Section 30.55. Section 1-18-2. Combat Automobile Theft Program. (a) Pursuant to Section 316.008(6), Florida Statutes, there is hereby established a "Combat Automobile Theft" program in St. Lucie County, Florida, which shall be known as "Operation Nighthawk". (i) Such a program shall include: A consent form to be siqned by the motor vehicl~ owners who wish to enroll their vehicles; and (2) Bright yellow decals indicating enrollment in Operation Nighthawk. a vehicles' Struck ~..~..~ passages are deleted. added. -2- Underlined passages are 0717 PA6E2 02 (b) The consent form shall: (1) Explain the general operation of the program; (2) Provide authorization for a law enforcement officer to stop the vehicle when it is being driven between the hours of 1:00 a.m. and 5:00 a.m., provided that a decal is conspicuously affixed to the bottom left corner of the back (3) (4) window of the vehicle to provide notice of its enrollment in "Operation Nighthawk"; Explain the procedures which will be followed by a law enforcement officer making a stop pursuant to the program and advise the motor vehicle owner of the proper means by which the driver of the vehicle should cooperate with the law enforcement officer in such instance; Provide that the owner of the motor vehicle is (5) (6) responsible for removing the decal when terminating participation in the program, or when selling or otherwise transferring ownership of the program and for notifying the St. Lucie County Sheriff's Department in writing of said termination; Clearly provide that participation in Operation Nighthawk is strictly voluntary and may be terminated at any time; and Include a separate statement to be siqned by the owner of the motor vehicle which indicates that the consent form has been read and understood in its entirety includinq the procedures to be followed in a stop. (c) Operation Nighthawk may be implemented upon approval of program materials and procedures, includinq guidelines and procedures for making a stop of a vehicle bearing a decal, by the Sheriff and County Attorney. Such program materials and procedures may be subject to periodic review and approval by the Sheriff and County Attorney. Struck ~,~,,~ passages are deleted. added. -3- Underlined passages are OR 0717 ! 1t [2 ,03 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 adoption of the Board of County Commissioners. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Struck through passages are deleted. added. -4- Underlined passages are ! 7 Commissioner R. Dale Trefelner Aye Vice Chairman Havert L. Fenn Absent Commissioner Judy Culpepper Absent Chairman 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, however, that Parts B through G shall not be codified. ATTEST: CLERK PASSED AND DULY ENACTED this 20th day of November, 1990. BOARD OF COUNTY COMMISS~IONERS ST. LUCIE COUNTY, FLO.~t~'D~,' BY: ~~ CHAI~', APPROVE~ AS TO FORM AND ORRECTNESS/h '90 A9:23 10S167S Struck through passages are deleted. added. ~07 I 7 ~2~0:5 -5- Underlined passages are ' ' 1084111 ORDINANCE NO. 90-48 AN ORDINANCE AMENDING CHAPTER 1-? (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; BY AMENDING SECTION 1-7-2 (CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES), BY ADDING A FEE FOR THE DISPLACED HOMEMAKERS TRUST FUND; AND AMENDING SECTION 1-7-3 (CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES) BY DELETING THE FEES FOR THE STATE COURT EDUCATION TRUST FUND; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 28.24, 28.241, and 34.041, Florida Statutes, authorizes the Board to fix service charges in excess of those charges fixed in Florida Statutes and to expend such excess in providing and maintaining facilities, including a law library or to provide or maintain a legal aid program. 2. In order to include a fee for the Displaced Homemakers Trust Fund which was never added to Section 1-7-2 of the St. Lucie County Code of Ordinances; and due to the decision by the Supreme Court that all Probate and Guardianship cases should be exempt from the collection of fees for the Court Education Trust Fund under Section 1-7-3 of the St. Lucie County Code of Ordinances, it is necessary to amend Chapter 1-7 (Courts) of the St. Lucie County Code of Struck through passages are deleted. added. OR 7 I 9 I AI;[ I 18 6-1- Ordinances accordi.ngly,co R¢c Fcc ~ ~,5 DOUGLAS DIXON Add Fee $ Doc Tax $ Iht Tax $ Underlined passages are St, Lucie County Clerk of Circuit Court By ~ ~ .. · Deputy-~' -Clerk 3. This Board believes that amending Chapter 1-7 (Courts) of the St. Lucie County Code of Ordinances is in the best interest of the health, safety and public 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 1-7-2. CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES. Section 1-7-2 (Circuit Court - Civil Division Service Charges) is hereby amended to read as follows: Section 1-7-2. Circuit Court - Civil Division Service Charges. The party instituting any civil action, suit or proceeding in the circuit court shall pay to the clerk of the court service charges as follows: (a) For filing all civil actions (over five thousand dollars (85,000.00)): *Clerk's service charge ................. $ 40.00 Legal aid ....................... - 0 - Law library ' · ....... $ 10.00 State civil action fees ................. $ 8.00 Court facility charge ................... $ 20.00 State court education trust fund ........ $ 2.50 Mediation-arbitration charge ............ $ 5.00 Total ................................... $ 85.50 *This service charge is for up to and including five (5) defendants. If there are more than five (5) defendants, there is an additional charge of two dollars ($2.00) for each additional defendant. (b) Additional charge for proceeding of garnishment, attachment, replevin, and distress ............................ $ 35.00 (c) Additional charge to be paid by the party seeking each severance that is granted .. $ 10.00 Struck through passages are deleted. added. ° 0719 PA6['1187-2- Underlined passages are (d) For filing petition for dissolution of marriage or annulment: Clerk's service charge .................. Legal aid .......................... Law library ...... '''' ... ' State civil action fees ................. Court facility charge ................... HRS Fee State cour~'educati;~'~r~st f~ Mediation-Arbitration charge ............ Filing of Final Judgment of Dissolution of Marriage service charge ............... Displaced Homemaker Trust Fund ........... $ 40.00 -- 0 -- $ 10.00 $ 8.00 $ 20.00 S 5.00 S 2.50 S 5.O0 $ 7.00 $ 5.00 Total ~no =n $102 50 (e) For filing petition for modification of a final judgment of dissolution of marriage: Mediation-Arbitration charge ............ $ 45.00 (f) For filing notice of appeal: Service charge to district court of appeal and state supreme court ................................ 8250.00 Service charge to clerk of the circuit court ....................... $ 75.00 Certified copy of notice of appeal for district court .................. $ 2.00 PART B. AMENDMENT OF SECTION 1-7-3. CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES. Section 1-7-3 (Circuit Court - Probate and Guardianship Division Service CharGes) is hereby amended to read as follows: Section 1-7-3. Circuit Court - Probate and Guardianship Division Service Charges. The service charges of the clerk of the circuit court for filing probate and Guardianship cases are as follows: (a) For the opening of any estate of one document or more, including but not limited to petitions and orders to Struck through passages are deleted. added. .,0719 PAI [i 188 -3- Underlined passages are (b) (c) (d) approve settlement of minor's claims; to open a safe deposit box; to enter rooms and places; for the determination of heirs if not formal administration and for a foreign guardian to manage property of a nonresident, but not to include issuance of letters or order of summary and family administration: Clerk's service charge .................. S 20.00 Legal aid ............................... - 0 - Law library .......................... --- $ 10.00 Court facility charge ................... $ 8.00 ~°~ .... t ~d~t .... t~ot f~,,d ~ Mediation-Arbitration charge ............ $ 5.00 Total ............................. ~4ro~58 $ 43.00 Caveat-. Clerk's service charge .................. Legal aid ........................ Law library '''~ i ~ !! ~i' ''ii'''! Court facility chang .... Stat~ court ~d~t .... trust fund ........ Mediation-Arbitration charge ............ $ 15.00 -- 0 -- $ 10. oo S 8.00 $ 5.00 Total ............................. 846~m_58 $ 38.00 Petition and order to admit foreign wills, authenticated copies, exemplified copies or transcripts to record: Clerk's service charge .................. Legal aid ............................... Law library Court facili c g ......... Stat~ court ~d~t .... trust fund ........ Mediation-Arbitration charge ............ 8 30.00 -- 0 -- $ 10.00 $ 8.00 $ 2.50 $ 5.00 Total ............................. ~ $ 53.00 For disposition administration: of personal property without Clerk's service charge .................. $ 20.00 Legal aid ............ - 0 - Law library ...... $ 2.00 Court facility charge . · $ 8.00 Mediation-Arbitration charge ............ $ 5.00 Total ............................. 8m~7~m_58 $ 35.00 added. through passages are deleted. 0719 i' 1;[1189- Underlined passages are (e) Summary administration: (f) (g) Clerk's service charge .................. $ 35.00 Legal aid - 0 - Law library ............................. $ 10.00 Court facility charge ................... $ 8.00 ....... = ~ -- t~ot =---= . $ 2 50 Mediation-Arbitration charge ............ $ 5.00 Total ~=n =n $ Family administration: 58.00 Clerk's service charge .................. $ 45.00 Legal aid - 0 - Law library ....... Court facili%~'~;~;']][][][[]]' ...[$$ 10.008.00 Mediation-Arbitration charge ............ $ 5.00 Total ............................. ~,~.~n 50 $ Formal administration guardianship, curatorship or conservatorship proceedings: 68.00 ancillary, Clerk's service charge .................. $ 75.00 Legal aid ........................ - 0 - Law library '''~iii~ ~ ~ .. S 10.00 Court facility ~' '' ~' $ 8.00 St~t ..... t ~ ~ .... Mediation-Arbitration charge ............ $ 5.00 Total ~nn 50 $ (h) Guardianship proceedings of person only: 98.00 Clerk's service charge .................. $ 25.00 Legal aid .................. - 0 - Law library ... ~iii; .... ii ' iii ''ii ' $ 10.00 Court facility c ii. ii. i $ 8.00 Mediation-Arbitration charge ............ $ 5.00 (i) Total ............................. $50.50 $ 48.00 Veteran administration guardianship pursuant 744, Florida Statutes: Clerk's service charge .................. $ to Chapter 25.00 Struck ~ ..... '~ passages are deleted added. ~0719 P~I~[I 190-5- Underlined passages are (3) Exemplified certificates: Clerk's service charge .................. Cover sheet ............................. Total ................................... (k) Petition for determination of incompetency: Clerk's service charge .................. Legal aid .......................... Law library ...~ .... ''.... '~... Court facility charge ................... S 4.00 $ i.00 $ 5.00 $ 25.00 -- 0 -- $ 10.00 S 8.00 Total ............................. ~ $ 43.00 Section 1-7-4. Civil Division Charges and Costs. Upon the institution of any civil action or proceeding in county court, the plaintiff, when filing his action or proceeding shall pay the following service charges: (a) Claims of less than one hundred dollars 8100 County Court .00): Filing fee .............................. Legal aid ................... Court faci i ..... Law library ............................. State court education trust fund ........ State court cost ........................ Mediation-Arbitration charge ............ (b) 8 10.00 -- 0 -- 8 2.00 8 2.00 8 2.50 S 7.00 $ 5.00 Total ................................... 8 28.50 Claims of one hundred dollars (8100.00) or than two thousand five hundred dollars (82, Filing fee .............................. Legal aid ........................ facil]iy~ . ' . . . . ' Court Law library ................... State court ~du~%ion'%~ust ~nd ... State court cost ........................ Mediation-Arbitration charge ............ more but less 500.00): 8 25.00 -- 0 -- S 7.00 S 2.00 S 2.50 S 7.00 $ 5.00 Total ................................... 8 48.50 Struck through passages are deleted. added. .° 0719 191 Underlined passages are (c) Claims of more than two thousand five hundred dollars ($2,500.00): Filing fee .............................. $ 40.00 Legal aid ............................ - 0 - Law library ............................. $ 2.00 State court education trust fund ........ $ 2.50 State court cost .................... - $ 7.00 Mediation-Arbitration charge ~ ..... ~... $ 5.00 Total ................................... $ 68.50 (d) Removal of tenant (eviction): Filing fee .............................. Legal aid ............................ Court facility ~ .............. '' . Law library ............... State court ~iti~ ~ru~'~und' State court cost ........................ Mediation-Arbitration charge ............ $ 35.00 -- 0 $ 4.00 $ 5.00 S 2.50 S 7.0O $ 5.00 Total ................................... $ 58.50 (e) Additional charge for proceeding of garnishment, attachment, replevin and distress ............................ $ 35.00 (f) Notice of appeal (two (2) separate payments)*: Filing notice of inferior court, county court ............................ $ 50.00 Filing notice to higher court, circuit court ........................... $ 75.00 *These charges do not include service charge for certified copy of notice of appeal to the circuit court. Section 1-7-5. Service charges other than those fixed by this chapter. Service charges other than those fixed in this chapter shall be governed in Section 28.24, Florida Statutes, as amended. Struck ~ ..... ~ passages are deleted added. .° 0719 192 -7- Underlined passages are Section 1-7-6. Disposition of law library funds. Ail additional costs collected for the law library shall be set aside by the clerk to be used exclusively for the establishment and maintenance of the county law library. At the end of each month, such clerk will turn over such funds so collected to the board of trustees of the county law library as provided in Chapter 57-1790, Laws of Florida as amended by Chapter 71-895, Laws of Florida. Section 1-7-7. Disposition of court facility funds. Ail additional costs collected for court facilities shall be set aside by the clerk in a separate account to be used exclusively for the construction, operation and maintenance of court facilities as determined by the board of county commissioners. Section 1-7-8. Reserved. Editor's note - Ordinance No. 86-61, Pt. A, adopted Dec. 9, 1986, specifically repealed former Sec. 1-7-8 in its entirety. Such former section pertained to additional penalty in noncriminal dispositions of traffic infractions and derived from Ord. No. 86-21, Pt. A, enacted July 20, 1986. Section 1-7-9. Disposition of Mediation-Arbitration Fund. Ail additional costs collected for mediation-arbitration services shall be set aside by the clerk in the civil court mediation-arbitration account fund, county court mediation- arbitration account fund and the family mediation account fund, as appropriate, to be used to fund circuit civil mediation- Struck through passages are deleted. added. --8-- ! 9 i lr 1193 Underlined passages are arbitration services, county civil mediation-arbitration services and family mediation-arbitration services under the supervision of the Chief Judge for the Nineteenth Judicial Circuit. The Clerk shall forward one and 0/100 ($1.00) dollar of each charge to the Office of the State Courts Administrator for deposit in the state mediation and arbitration trust fund. Section 1-7-10 - 1-7-19. Reserved. 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, 32304. Struck ~ ..... ~ passages are deleted added. 0719 -9- The Capitol, Tallahassee, Florida Underlined passages are PART F. EFFECTIVE DATE. This ordinance shall take effect upon adoption of the Board of County Commissioners. PART G. ADOPTION. After motion and second the vote on this ordinance was as follows: Commissioner Havert L. Fenn AYE Vice Chairman Jim Minix AYE Commissioner Judy Culpepper AYE Chairman Jack Krieger AYE Commissioner R. Dale Trefelner 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 C through H shall not be codified. PASSED AND DULY ENACTED this 4th day of December, 1990. ATTEST: BOARD OF COUNTY COMMISSI( ST. LUCIE COUNTY, Struck through passages are deleted. added. 719 P, 1195 CHAIRMAN APPROVED AS TO FORM AND Underlined passages are Add F¢ 1064114 DocTax$ ImTax $ ORDINANCE 90-51 AN ORDINANCE AMENDING SECTION 1-2-2 (Egll SYSTEM; LOCAL OPTION FEE) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-2 (ADMINISTRATION), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY DELETING "THE INITIAL PROVISION OF" LANGUAGE UNDER SECTION 1-2-2(b)(1) IN ORDER TO COMPLY WITH SECTION 365.171, FLORIDA STATUTES; 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 Rec Fee ' _ ~,,;~.~ DOI GLAS DIXON St. 1..ucie County Clcri~ of Circuit Court 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, 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. On August 21, 1990, the Board of County Commissioners adopted Ordinance No. 90-37 which increased the local option fee for nonrecurring charges and reduced the local option fee for recurring charges. 3. In order to comply with Section 365.171, Florida Statutes, it is necessary to amend Section 1-2-2(b)(1) of Article I of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, by deleting the language "the initial provision of" from Subsection (b)(1) of Section 1-2-2. ~=~'- through passages are deleted. added. --1-- Under.tined passages are .° 0719 205 NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 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 EPll 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) Local option fee: (1) For nonrecurring charges. There is hereby imposed a local option fee for nonrecurring charges for ~q%e i..~ti~l-4 ...... ~ ........... ~_~A_ A= EPll service and equipment, in the amount of eleven cents (80.11) 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. (2) 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 sixteen cents (80.16) per month per access line, up ~°~'- through passages are deleted. added. 2 Underlined passages are OR . 07 I 9 P. E1206 to a maximum of twenty-five (25) access lines per 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 Egll 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. All 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 Struck through passages are deleted. added. --3-- Underlined passages are ,0719 PA;E! 207 (2) the end of the following twelve-month period (October 1 through September 30), provided that such adjusted 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 through passages are deleted. added. --4-- Underlined passages are .° 0719 208 (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 E911 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 0719 PA6E1209 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 upon receipt of official acknowledgement from the Office of Secretary of State that this ordinance has been filed in that office. 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-. PART I. Chairman Havert L. Fenn Vice Chairman Jim Minix Commissioner Judy Culpepper Commissioner Jack Krieger Commissioner R. Dale Trefelner CODIFICATION. Aye Aye Aye Aye Aye 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 ~°~'- ~..~..~ passages are deleted. added. --6-- Underlined passages are 0719 I0 be renumbered or relettered to accomplish such intention; provided, however, that parts B to I shall not be codified. PASSED AND DULY ADOPTED THIS 4th day of December, 1990. ATTEST: BOARD OF COUNTY COMMTSSTONERS sT. LUCZE COUNTY, APPROVED AS TO FO~ :53 ~0S4114 Struck through passages are deleted. added. --7-- Underlined passages are ~7 I g F~I 2 1 1 1086768 ORDINANCE NO. 90-52 Adu c,,. $ Doc Tax $ Int Tax $ .TotalS AN ORDINANCE AMENDING SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON THE EAST SIDE OF BEACH AVENUE WITHIN ONE HUNDRED FEET OF ITS INTERSECTION WITH SHADY LANE; PROHIBITING PARKING ON THE WEST SIDE OF BEACH AVENUE WITHIN ONE HUNDRED FEET SOUTH OF ITS INTERSECTION WITH SHADY LANE; PROHIBITING PARKING ON THE WEST SIDE OF BEACH AVENUE WITHIN ONE HUNDRED FIFTY FEET NORTH OF ITS INTERSECTION WITH SHADY LANE; AND PROHIBITING PARKING ON SHADY LANE WITHIN ONE HUNDRED FEET OF ITS INTERSECTION WITH BEACH AVENUE; 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 DOIIGLAS DIXON St. Lucie Cou ~ty Clerk of Circt0t Court Deputy. Clerk WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. On June 24, 1986, the Board of County Commissioners of St. Lucie County, Florida, adopted Resolution No. 86-119 which designated no parking on Beach Avenue within one hundred feet of the intersection of Shady Lane; and also designated no parking on Shady Lane within one hundred feet of the intersection of Beach Avenue. 3. In order to incorporate the no parking restrictions in Resolution No. 86-119 into the Code of Ordinances of St. Lucie ~°~" through passages are deleted. added. --1-- Underlined passages are County, it is necessary to amend Section 1-20-17 of Division I of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida. 4. After conducting a sight distance study on Beach Avenue, the Traffic Control Division of the Road and Bridge Division of the Public Works Department has recommended that parking be prohibited on the West side of Beach Avenue within one hundred fifty (150) feet north of its intersection with Shady Lane. The Sheriff's Department has concurred with the recommendation. 5. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to prohibit parking on the west side of Beach Avenue within one hundred fifty feet north of its intersection with Shady Lane. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 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: Section 1-20-17. Parking restricted on certain streets. (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. Struck ~ ..... ~ passages are deleted added. --2-- Underlined passages are OR 0721 r 1167 (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 Shorewinds Drive 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. "Beach Avenue," (East side), within one hundred (100) feet of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred (100) feet South of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred fifty (150) feet North of its intersection with Shady Lane. "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. "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. "Glades Cut-Off Road," within three hundred-fifty (350) feet in all directions of its intersection with Midway Road. Struck ~ ..... ~ passages are deleted added. --3-- Underlined passages are OR 7 2 i1 6 8 "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. "Midway Road," within three hundred-fifty (350) feet in all directions of its intersection with Glades Cut-Off Road. "Moorings Lane," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "North Ocean Drive," the entire length of the right-of- way, from Sea Oats Drive to Shorewinds Drive. "Oak Drive," the entire length of the right-of-way. "Oleander Avenue," from the entrance to the State Farmers Market southerly approximately five hundred (500) feet. "Sea Oats Drive," the entire length of the r±ght of way, from North Ocean Drive to Oak Drive. "Shady Lane," within one hundred (100) feet of its intersection with Beach Avenue. "Shorewinds Drive," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "South 33rd Street (West side), the entire length of the right-of-way from Peterson Road to Whitewa¥ Dairy Road. "Tamarind Drive," the entire length of the right-of- way, from Shorewinds Drive to Flamingo Boulevard. "Tumblin Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "Windham Lane," the entire length of the right-of-way, from Atlantic Beach Boulevard to Oak Drive. "50th Street," within two hundred (200) feet of its intersection with Angle Road. Struck throu~h passages are deleted. added. --4-- Underlined passages are 0721 i 1169 (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. (d) Penalties for violation of this section shall be in accordance with State law. 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 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. Struck ~ ..... ~ passages are deleted added. --5-- Underlined passages are 0721 117:0 ~ART E. 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 F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Havert L. Fenn AYE Vice-Chairman Jim Minix AYE Commissioner Judy Culpepper AYE Commissioner R. Dale Trefelner 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 ma?,sbe renumbered or relettered to accomplish such intention; however, that Parts B through G shall not be codified~ BOARD OF COUNTY COMMISS~(H~ERS~,~'C ATTEST: ~ ST. ~CIE COUNTY, F~IDA "- : FILtD AND RECOFL: , ~ DOUGLAS DIXON S %~ COUNTY A~TO~NEY Sl'. LUCIE C~UNI ~'- ~°~-"2'=~ ~.,..,..,..,.,,.,~.,..,..,.. passages are deleted. Underlined passages are added. --6-- :721 nil 17,1