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O~I~C~ ~0. 91-01 To~l
AN ORDINANCE AMENDING ORDINANCE NO. 90-1, THE
"ST. LUCIE COIINTY COMPREHENSIVE PLAN', FOR THE
UNINCORPORATED AREA OF ST. LUCIE COUNTY,
FLORIDA; SUCH AMENDMENT ADDRESSING AND
RELATING TO T~E STIPULATED SETTLEMENT
AGREEMENT WITH T~R DEPARTMENT OF COMMUNITY
AFFAIRS OF SEPTEMBER 25, 1990; BY AMENDING THE
FUTURE LAND USE ELEMENT, OBJECTIVES AND
POLICIES; BY AMENDING THE CONSERVATION
EI.RMENT, OBJECTIVES AND POLICIES; BY PROVIDING
FOR SEVERABILITY AND APPLICABILITY; FOR FILING
WITH THE SECRETARY OF STATE; BY PROVIDING AN
EFFECTIVE DATE; BY PROVIDING FOR ADOPTION AND
CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County
adopted the St. Lucie County Comprehensive Plan by Ordinance Number
90-1 on January 9, 1990 as required by Section 163.3184, Florida
Statutes; and,
WHEREAS, the St. Lucie County Comprehensive Plan was found to
be not in compliance by the Department of Community Affairs; and,
WHEREAS, St. Lucie County received a "Notice and Statement of
Intent to Find the St. Lucie County Comprehensive Plan Not in
Compliance" (Docket No. 89-NOI-5601(N)) on March 21, 1990 pursuant
to Section 163.3184, Florida Statutes; and,
WHEREAS, the Department of Community Affairs filed its
Petition with the Division of Administrative Hearings (DOAH)
requesting an Administrative Hearing on the issue of compliance of
the St. Lucie County Comprehensive Plan with Chapter 163, Florida
Statutes and Rule 9J-5, Florida Administrative Code; and,
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I lbtO 929
W~EREAS, St. Lucie County has entered into a Stipulated
Settlement Agreement with the Department of Community Affairs
providing that if certain remedial plan amendments be adopted by
the Board of County Commissioners, the Department of Community
Affairs will issue a Notice of Intent to Find the St. Lucie County
Comprehensive Plan in Compliance; and,
W~EREAS, the St. Lucie County Local Planning Agency pursuant
to Section 163.3184, Florida Statutes considered the proposed
remedial amendments to the St. Lucie County Comprehensive Plan
which included the changes required by the Stipulated Settlement
Agreement on November 15, 1990 and determined that the remedial
plan amendments were consistent with the St. Lucie County
Comprehensive Plan and further recommended that the Board of County
Commissioners approve the remedial plan amendments; and,
W~EREAS, the Board of County Commissioners on November 15,
1990 approved the transmittal of remedial plan amendments to the
Department of Community Affairs to initiate the Department's review
pursuant to Paragraph 21 of said Agreement; and,
W~EREAS, St. Lucie County received the Department of Community
Affairs Objections, Recommendations and Comment Report on April 1,
1991 in the manner provided in Chapter 9J-11, Florida
Administrative Code, and Subsections 163.3184(3)-(7), Florida
Statutes; and,
W~EREAS, the Department of Community Affairs Objection
Recommendation and Comment Report contained two (2) objections to
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the Remedial Plan Amendments to the St. Lucie County Comprehensive
Plan; and,
WHEREAS, the Board of County Commissioners has addressed
the two (2) cited objections by the Department of Community Affairs
through the addition of the words "upland habitat" to Objective
8.1.8 and the addition of the word "upland" to Policy 8.1.8.11;
and,
WHEREAS, St. Lucie County, upon receipt of written comments
from the Department of Community Affairs, has considered all
remedial plan amendments for adoption within the sixty (60) day
time limit of such receipt pursuant to Paragraph 22 of said
Agreement; and,
WHEREAS, the Department of Community Affairs, within forty-
five (45) days of receipt of St. Lucie County's adopted remedial
Comprehensive Plan Amendments, shall review and determine if these
Amendments are in compliance with the Local Government Comprehen-
sive Planning and Land Development Regulation Act of 1985; the
State Comprehensive Plan; the appropriate Regional Policy Plan; and
Rule 91J-5, Florida Administrative Code pursuant to Subsection
163.3184(8)(a), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
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OR
. 07 0 I E0931
PART A. AMENDMENT OF ST. LUCIE COUNTY COMPREHENSIVE PLAN
Remedial Plan Amendments
This Ordinance, as described herein, shall be known as the
Remedial Plan Amendments for St. Lucie County, Florida. The St.
Lucie County Remedial Plan Amendments, consisting of amendments to
certain objectives and policies of the Future Land Use Element and
certain objectives and policies of the Conservation Element,
attached hereto are adopted and incorporated within the
Comprehensive Plan.
PART B. SEVERABILITYANDAPPLICABILITY.
If any portion of this Ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this Ordinance. If this
Ordinance or any provision thereof shall be held to be inapplicable
to any person, property, or circumstance, such holding shall not
affect its applicability to any other person, property, or
circumstance.
PART C. FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF
COMMUNITY AFFAIRS.
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 and
the State of Florida Department of Community Affairs, 2740
Centerview Drive, Tallahassee, Florida 32399-2100.
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.° 07 0 PA6EO 932
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 Havert L. Fenn AYE
Vice-Chairman Jim Minix ABSENT
Commissioner Judy Culpepper AYE
Commissioner Jack Krieger AYE
Commissioner R. Dale Trefelner AYE
PASSED AND DULY ADOPTED this 14th day of May, 1991.
ATTEST:
Clerk
~A~DOF CO~]ITYCO~MISSIO~
ST. LUCI~ COIJ~I~, FI.~ORIDA
~PRo~ AS ~ m~ ~
Count¥~y
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~07/.i. 0 PA6E0933
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' '-----~----~ St. Lucie County
Doc Tax $
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ORDINANCE NO. 91-02 Total $~"}.-./t
AN ORDINANCE '0~ ST. LUCIE COUNTY, FLORIDA,
AMENDING ARTICLE III ("TOURIST DEVELOPMENT
TAX") OF CHAPTER 1.19-3 "TAXATION" OF THE
CODE OF ORDINANCES OF ST . LUCIE COUNTY,
FLORIDA, TO ESTABLISH A NEW SECTION PROVIDING
FOR THE LOCAL ~&DMINISTRATION OF THE TOURIST
DEVELOPMENT TAX; DESIGNATING THE TAX
COLLECTOR AS THE LOCAL OFFICIAL TO WHOM THE
TAX SHALL BE REMITTED; PROVIDING FOR THE
POWERS AND DUTIES OF THE TAX COLLECTOR
PROVIDING CERTAIN ADDITIONAL DETAILS WITH
RESPECT TO THE ADMINISTRATION AND COLLECTION
OF THE TOURIST DEVELOPMENT TAX, AND PROVIDING
FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR ADOPTION AND CODIFICATION.
WHEREAS, on July 3, 1984, the Board of County Commissioners
of St. Lucie County passed and duly adopted Ordinance No. 84-11
implementing the Local Option Tourist Development Act provided
under Section 125.0104, Florida Statutes; and
WHEREAS, Ordinance No. 84-11 has subsequently been amended
by St. Lucie County Ordinance Nos. 86-09 and 87-82 to extend and
amend the St. Lucie County Tourist Development Plan, to impose an
additional One Cent (1¢) tourist development tax and otherwise
comply with the requirements of Section 125.0104, Florida
Statutes; and
WHEREAS, Section 125.0104, Florida Statutes, has been
amended to provide for the local administration of the tourist
development tax; and
WHEREAS, the St. Lucie County Tourist Development Council
has recommended to the Board of County Commissioners and the
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Board of County Commissioners has determined that it is in the
best interest of the citizens of St. Lucie County to provide for
the local administration of the tourist development tax.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows:
PART A. ARTICLE III "TOURIST DEVELOPMENT TAX" OF CHAPTER 1-19.3
"TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE
COUNTY IS AMENDED AS FOLLOWS:
Section 1-29.3-30. Levy
(a) Subject to the provisions of this article and Section
125.0104, Florida Statutes, there is hereby levied and imposed a
tourist development tax at a rate of three (3%) per cent of each
dollar and major fraction of each dollar of the total
consideration charged for each lease or rental within St. Lucie
County by every person who rents, leases, or lets for
consideration any living quarters or accommodations in any hotel,
apartment hotel, motel, resort motel, apartment, apartment motel,
roominghouse, mobile home park, recreational vehicle park, or
condominium for a term of six (6) months or less, unless such
persons rents, leases, or lets for consideration any living
quarters or accommodations that are exempt according to the
provisions of Chapter 212, Florida Statutes.
(b) The tourist development tax shall be in addition to any
other tax imposed pursuant to Chapter 212, Florida Statutes, and
in addition to all other taxes and fees and the consideration for
the rental or lease.
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670
(c) The tourist development tax shall be charged by the
person receiving the consideration for the lease or rental, and
it shall be collected from the lessee, tenant, or customer at the
time of payment of the consideration for such lease or rental.
or
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&&
shall o~Ix to and b~
and returned c,n a ------&~l.. basis to
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PAl]El 67 !
Section 1-19.3-31. Plan for tourist development
(a) Anticipated revenue. The tourist development tax shall
be levied at a rate of three (3%) per cent of each dollar and
major fraction of each dollar of the total consideration charged
for leases and rentals subject to the tax. The anticipated net
tourist development tax revenue to be derived by St. Lucie County
for the twenty-four (24) months following the initial levy of the
two-cent tax is six hundred twenty-four thousand dollars
($624,000.00), less costs of administration as retained by the
Florida Department of Revenue.
(b) Boundaries for tax district. The district in which the
tourist development tax is levied shall include the entirety of
St. Lucie County.
(c) Proposed uses of revenue of the two-per-cent tax. The
proposed uses of the tourist development tax revenue from the
two-per-cent tourist development tax, in the order of priority,
are first, to provide a sports stadium and related facilities in
St. Lucie County, and second, to promote and advertise tourism in
St. Lucie County.
(d) Expenses allocation for two-per-cent tax. The tourist
development tax revenue from the two-per-cent tourist development
tax shall be allocated to providing a sports stadium and related
facilities in St. Lucie County.
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(e) Proposed uses of revenue for additional one-per-cent
tax. The proposed uses of the tourist development tax revenue
for the additional one-per-cent tourist development tax are to
promote and advertise tourism in St. Lucie County.
(f) Expense allocation for additional one-per-cent tax.
The tourist development tax revenue from the additional one-per-
cent tourist development tax shall be allocated to promotinG and
advertisinG tourism in St. Lucie County.
Section 1-19.3-32 Local Administration of the Tax
(a) The County intends to be exempted from those
requirements of Section 125.0104(3)(g), Florida Statutes, that
the tax collected be remitted to the Department of Revenue before
being returned to the County. The County intends to provide for
the collection and administration of the tax on a local basis in
accordance with Section 125.0104(10), Florida Statutes.
(b) Initial collection of the tax shall be made in the same
manner as the tax imposed under Part I of Chapter 212.
(c) The St. Lucie County Tax Collector, hereafter called
"Tax Collector," shall responsible for the collection and
administration of the tax. The person receivinq the
consideration for any rental or lease within the scope of Section
125.0104(3)(a), Florida Statutes, shall receive, account for, and
remit the tax to the Tax Collector. The Tax Collector shall keep
records showing the amount of taxes collected as well as
appropriate books and accounts associated therewith. The same
duties and privileges imposed by Chapter 212, Florida Statutes,
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upon dealers in tangible property, respectinq the collection and
remission of tax, the making of returns, the keeping of books,
records and accounts and the payment of a dealer's credit in
compliance with the rules of the T~w Collector in th~
administration of Chapter 212 shall apply to and be bindinq upon
all persons who are subject to the provisions of this ordinance;
provided, however, the Tax Collector may authorize a quarterly
return of payment when the tax remitted for the precedinq quarter
by the person receiving the consideration for such rental or
lease did not exceed twenty-five and 0/100 ($25.00) dollars.
(d) The Tax Collector shall perform the enforcement and
audit functions associated with the collection and remission of
this tax, including, without limitation, the following:
(1) For enforcement purposes, examining at any
reasonable hour the books, records, and other documents of any
dealer, or other person charqed with the duty to report or pay a
tax under this ordinance, in order to determine whether or not
that person is collectinq the tax or otherwise complying with
this ordinance. In the event a person refuses to permit such
examination of his books, records, or other documents by the Taw
Collector, that person is subject to the criminal penalties of
Section 125.0104(8), Florida Statutes. The Tax Collector shall
have the riqht to seek a mandatory injunction or other
appropriate remedy in Circuit Court to enforce his riqht to
require an examination of the books and records of that person.
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(2) Each dealer, as defined in this ordinance, shall
keep for three (3) years a complete record of rooms or other
lodging, leased or rented by said dealer, together with gross
receipts from such sales, and other pertinent records and papers
as may be required by the Tax Collector for the reasonable
administration of this ordinance. All such records located or
maintained in this state shall be open for inspection by the Tax
Collector at any reasonable hour at the dealer's place of
business in St. Lucie County. Any dealer who maintains such
books and records at a point outside St. Lucie County must make
such books and records available for inspection by the Tax
Collector in St. Lucie County, Florida. Violators of this
ordinance are subject to the criminal penalties of Section
125.0104(8), Florida Statutes.
(3)(a) At least thirty (30) days prior to the date an
audit is scheduled to begin, the Tax Collector shall send written
notice informing the taxpayer of the audit. The Tax Collector is
not required to give thirty (30) days prior notice of an audit in
any instance in which the taxpayer requests an emergency audit.
(b) Such written notification shall contain:
1. The approximate date on which the audit is
scheduled to begin.
2. A statement that all of the records,
receipts, invoices and related documentation of the taxpayer must
be made available to the auditor.
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3. Any other requests or suggestions that the
Tax Collector deems necessary.
(c) Only records, receipts, invoices, and related
documentation available when an audit begins shall be deemed
acceptable for the purposes of conductinq such audit.
(4) Ail taxes collected under this ordinance shall be
remitted to the Tax Collector. In addition to the statutory
criminal sanctions, the Taw Collector is empowered, and is
obligated, when any tax becomes delinquent or is otherwise in
jeopardy under this ordinance, to issue a warrant for the full
amount of the tax due or estimated to be due, with the interest,
penalties, and cost of collection, directed to all and singular
the sheriffs of the state, and shall record the warrant in tho
public records of the county, and thereupon the amount of tho
warrant shall become a lien of any real or personal property of
the taxpayer in the s~me manner as a recorded judgment. The Ta~
Collector may obtain a tax execution to enforce the collection of
taxes imposed by this ordinance and deliver it to the sheriff.
The sheriff shall thereupon proceed in the same manner as
prescribed by law for executions and shall be entitled to th~
same fees for his services in executinq the warrant to ba
collected. The Tax Collector may also obtain a writ of
garnishment to subject any indebtedness due to the delinquent
dealer by a third person in any goods, money, chattels, or
effects of the delinquent dealer in the hands, possession, or
control of the third person in the manner provided by law for tho
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'payment of the tax due. Upon payment of the execution, warrant,
.judgment, or garnishment, the department shall satisfy the lien
of record within thirty (30) days.
(f) Tax revenues may be used only in accordance with
the provision of Section 125.0104, Florida Statutes.
(g) Three (3%) percent of the tax collected herein
shall be retained by the Tax Collector for costs of
administration. The remainder shall be submitted on the
fifteenth day and the last day of each calendar month to the
County.
(h) The Tax Collector's books and records relating to
collections under this ordinance shall be available for
inspection by the County and the County's auditors at reasonable
times.
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,
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7 2PAI E 1 6 7, 7
Such holding shall not affect its applicability to any other
person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughout St. Lucie
County.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified
copy of this ordinance to the Bureau of Administrative Code,
Department of State, The Capitol, Tallahassee, Florida, 32304.
PART F. FILINC WITH DEPARTMENT OF REVENUE.
The County Attorney shall send a certified copy of this
ordinance to the Department of Revenue, The Carlton Building,
Tallahassee, Florida, 32301.
PART G. EFFECTIVE DATE.
This ordinance shall take effect on May 1, 1991.
PART H. 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 I. CODIFICATION.
Provisions of this ordinance shall be incorporated in the
Code of Ordinances of St. Lucie County, Florida, and the word
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"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through I shall not be codified.
PASSED AND DULY ADOPTED this 15th day of January, 1991.
BOARD OF COUNTY COMMI~.~$S~q~ERS
ST. LUCRE COUNTY,
aPPROV~ AS TOFO~
C~~TNESS:
'~l J~28 P2:57
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ORDII~CE NO. 91-03
1ti4 86
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
LAND DEVELOPMENT CODE BY AMENDING SECTIONS
1.02.02; 1.05.01; 1.09.00; 2.00.00; 3.01.02;
3.01.03; 5.01.02; 5.01.03; 5.01.04; 5.02.01;
5.02.04; 5.03.02; 5.04.01; 5.05.01; 5.05.02;
6.00.03; 6.00.05; 6.01.02; 6.01.03; 6.01.04;
6.01.05; 6.01.06; 6.01.11; 6.02.02; 6.02.03;
6.02.04; 6.03.01; 6.03.06; 6.04.01; 6.04.02;
6.05.01; 6.05.03; 6.05.07; 7.01.03; 7.02.02;
7.04.03; 7.05.03; 7.05.06; 7.05.07; 7.05.08;
7.05.09; 7.06.02; 7.06.03; 7.08.04; 7.09.03;
7.09.04; 7.10.04; 7.10.05; 7.10.07; 7.10.11;
7.10.14; 7.10.15; 7.10.16; 7.10.18; 9.01.01;
9.01.02; 9.02.01; 10.01.01; 10.01.04;
10.01.05; 10.01.07; 10.01.10; 10.01.11;
11.00.03; 11.00.04; 11.01.04; 11.02.01;
11.02.02; 11.02.03; 11.02.04; 11.02.05;
11.02.06; 11.02.08; 11 02 09; 11.02 10;
11.05.12; 11.06.04; 11.06.06; 11.07 05;~'.~
11.09.02; 11.09.03; 11.10.06; 11.11 01;
12.02.02; 12.02.04; 12.02.05; 12.04 04;
12.04.05; 12.06.01; 12.08.02; 13.00 01;
13.06.01 TO PROVIDE FOR A NOMBER OF TECHNICAL
AMENDMENTS; TO CHANGECERTAIN POSITION TITLES;
TO INCORPORATE PROVISIONS RELATED TO REMOVAL
OF AUSTRALIAN PINES; TO PROVIDE THAT NUMBER~
USED TO DISPLAY ADDRESSES FOR RESIDENTIAL
BUILDINGS BE AT ?.R~ST FOUR INCHES IN HEIGHT;
TO ADD PROFESSIONAL SERVICES AS A USE IN CO
AND CG DISTRICTS; TO A?.T,OW CONSUMPTION ON
PREMISES IN CONJUNCTION WITH RESTAURANTIN THE
U AND I DISTRICTS; TO DELETE THE DEFINITION OF
BUILDING SUPPORT STRUCTURE AND REPLAT AND TO
ADD T~R DEFINITION OF MINOR REPLAT; TO PROVIDE
THAT AT.T. CULVERTS SH~T.T. END IN A MITERED END
SECTION WITH A COT~m~R UNLESS OTHERWISE
APPROVED BY THE COUNTY ENGINEER; TO DELETE
SECTION 7.08.04 AND 11.05.09, WASTEWATER AND
SEWAGE DISPOSAL COMPLIANCE PERMIT; TO DELETE
SECTION 11.09.02(D), ZONING EVALUATION
WORKSHOPS; TO DELETE SECTION 7.06.02(B)(3)(a)
REQUIRING SUBMISSION OF A SITE PLAN; TO
PROHIBIT OR RESTRICT INDUSTRIAL EQUIPMENT IN
RESISDENTIALAREAS; PROVIDING FOR CONFLICTING
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07 .0 1 1 [209
PROVISIONS~ PROVIDING FOR SEV~RABILITY~
PROVIDING FOR APPLICABILITY~ PROVIDING FOR
FILING WITH T~EDEPARTMENTOF STATE~ PROVIDING
FOR AN EFFECTIVE DATE~ AND PROVIDING FOR
ADOPTION
W~RREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. On August 1, 1990, the Board of County Commissioners of
St. Lucie County, Florida, adopted the St. Lucie County Land
Development Code.
2. In the subsequent usage of this Code it has been
determined that several changes are necessary in order to correct
certain grammatical problems, to provide greater clarification or
to compensate for certain omissions.
3. Following the adoption of the Code the official
designation of certain administrative officers has changed
resulting in a need for modification of this Code.
4. The Code as adopted did not contain adequate provision
dealing with the removal of Australian Pines.
5. In order to provide the minimum six (6") inch height
requirement of numbers used to display addresses that apply to
nonresidential buildings and to provide that the numbers used to
display addresses for residential buildings be at least four (4")
inches in height, it is necessary to incorporate appropriate
amendments.
6. On January 31, 1991, the Local Planning Agency/St. Lucie
County Planning and Zoning Commission held a public hearing on the
proposed ordinance after publishing notice in The Tribune at least
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0740 2095
fifteen (15) days prior to the hearing and recommended that the
proposed ordinance be adopted as drafted.
7. On February 28, 1991, this Board held its first public
hearing on the proposed ordinance, after publishing a notice of
such hearing in The Tribune on February 15, 1991.
8. On March 14, 1991, this Board held its second public
hearing on the proposed ordinance, after publishing a notice of
such hearing in The Tribune on March 4, 1991.
9. The proposed amendment to the St. Lucie County Land
Development Code is consistent with the general purpose, goals,
objectives and standards of the St. Lucie County Comprehensive Plan
and 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. SPECIFIC AMENDMENTS TO THE ST. LUCIE LAND DEVELOPMENT
CODE CAUSING THE CODE TO READ AS FOLLOWS:
TABLE OF CONTENTS
CHAPTER I
GENERAL PROVISIONS
1· 09 · 00 --~ ~ ~ ~ T~ Tm~,__~ SEVERABIL ITY I - 6
CHAPTER II
DEFINITIONS
CODE ENFORCEMENT AD.".I.~;ISTP~.TOR SUPERVISOR ........... II- 8
COMMUNITY DEVELOPMENT ~ ADMINISTRATOR ........ II- 8
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I , r 209:6
CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS
7.08.03
CO."L"--LI22:C.~. P?.?~".IT WATER AND SEWER
SERVICE SYSTEMS ........................ VII-58
CHAPTER XII
DECISION MAKING AND ADMINISTRATIVE BODIES
12.02.05 OFFICE OF THE COMMUNITY DEVELOPMENT
~-B~gzI~BADMINISTRATOR XII- 5
.eeeeeeeeeeeeeeeee.
12.04.05 OFFICE OF THE COMMUNITY DEVELOPMENT
~ ADMINISTRATOR XII-10
eeeeeeeeeeeeeeeeeee
12.06.00 OFFICE OF THE COMMUNITY DEVELOPMENT
~ADMINISTRATOR XII-11
* * * * *
1.02.02 PURPOSE AND EFFECT OF THE COMPREHENSIVE PLAN
The St. Lucie County Comprehensive Plan is a statement of the
goals, objectives and policies to guide and implement future land
development decisions within the County. In addition, the policies
adopted in the Comprehensive Plan are intended to provide and shall
serve as a framework for the Board of County Commissioners, the
Planning and Zoning Commission, the Board of Adjustment, the
Community Development Dircotor Administrator, and the County
Engineer to review and decide applications for amendment to the
Official Zoning Atlas, applications for amendment to the text of
the Code, applications for development permits, applications for
variances, applications for conditional use approval, site plans,
and any other application required by the Code. Therefore, all
actions taken in regard to amendments to the Official Zoning Atlas,
amendments to the text of this Code, applications for developments
permits, applications for variances, applications for conditional
use approval, site plans, and any other application pursuant to
this Code shall be consistent with the policies and provisions of
the Comprehensive Plan.
1.05.01 OFFICIAL ZONING ATLAS
A. Map Status
The Official Zoning Atlas described in this section that is filed
in the Office of the Community Development Dircotor Administrator
is hereby designated, established, and incorporated as a part of
this Code, and is as much a part of this Code as if the information
contained therein were set out in full in this Code.
~ .... '- through passages
added.
are deleted.
4
Underlined passages are
P 2097
B. Procedures
The original and a copy of the Official Zoning Atlas shall be
filed with the Office of the Community Development Dirc=t=r
Administrator, one of which shall be retained as the original
record and shall not be changed in any manner, and the second
of which shall be maintained up-to-date by posting thereon all
changes and subsequent amendments.
1.07.00 P. EPEALOF PRIOR PROVISIONS
I~ Section 1-17-5--0 -- 1-17-80, St. Lucie County Code and Compiled
Laws, Street and House Naming and Numbering, Right-of-Way
Abandonment and Plat Vacation Procedures.
K~ Division 2 of Article II of Chapter 1-20 St. Lucie County Code
& Compiled Laws, Restrictions of Heaw Vehicles and Equipment in
Residential Districts.
1.09.00 o..~.~.T..~
......... I.. SEVERABILITY
2.00.00 DEFINITIONS
CERTIFICATE OF CAPACITY: A certificate approved by the Community
Development Dircctor Administrator pursuant to the terms of this
Code that constitutes proof of adequate public facilities to serve
the proposed development·
CERTIFICATE OF CAPACITY EXEMPTION: A certificate approved by the
Community Development Dircctcr Administrator pursuant to the terms
of this Code evidencing a determination by the C=~;anity
Dcvclcpmcnt Dircctor Administrator
that the development is exempt from the adequate public facilities
requirements of this Code.
CERTIFICATE.OF CAPACITY VARIANCE: A certificate approved by the
Community Development Dircctcr Administrator pursuant to the terms
of this Code evidencing that a variance from the strict adequate
public facilities requirements of this Code must be granted with
respect to a specific development permit so as to avoid the
unconstitutional taking of property without due process of law.
CODE ENFORCEMENT ~ISTP.~.~"~_~ SUPERVISOR: The head of the Code
Enforcement Division of the Community Development Department·
~4- ....u 4-~ ..... ~ passages are deleted.
added. 5
Underlined passages are
P 2098
COMMUNITY DEVELOPMENT ~ ADMINISTRATOR: The head of the
Department of Community Development, who shall be appointed to
serve at the pleasure of the Board of County Commissioners.
MINOR REPLAT: A replat for the purpose of lot line adjustment,
without an increase in the number of lots or units otherwise
allowed.
NONCONFORMING STRUCTURE: Any lawfully existing structure or
building on the effective date of this Code that does not comply
with all of the provisions of this Code,~-rovid~dA ~..~cv~-~, ~ ......... ~
PERMANENTLY ATTAC~ED: Affixed by foundations, poles, braces, or
other immovable structural means to the ground or to a building or
structure. Signs manufactured or intended for portable use and
affixed to the ground by ropes, chains, cables, weights, or other
means deemed non-structural by the Community Development Dircct~r
Administrator shall not be deemed to be permanently attached.
TEMPORARY USE: A use, other than an accessory use, that does not
involve the construction or alteration of any permanent structure
and that is established for a fixed period of time with the intent
to discontinue such use upon the expiration of the established time
i ti o.~
per od. See Sec on 3.2 .... 8.02.00.
3.01.02 ADMINISTRATIVE USE REGULATIONS FOR PERMITTED AND
CONDITIONAL USES
A. For the purposes of clarifying and detailing the intent and
purpose of the uses of the Zoning Districts in Sections 3.01.03.1A1
through 3.01.03.1DDI, the Community Development Dircct=r
Administrator shall utilize the Standard Industrial Classification
(SIC) Manual (1987 ed.), prepared by the Executive Office of the
President, Office of Management and Budget.
B. Whenever a use is not specifically listed in Sections
3.01.03.1A1 through 3.01.03.1DD1 the Community Development Dircct=r
Administrator shall make a determination as to whether the proposed
use is of the same general type as identified in the Standard
Industrial Classification Manual (1987 ed.), prepared by the
Executive Office of the President, Office of Management and Budget.
However, this section does not authorize including a use in a
zoning district in which such use is not listed when such use is
specifically listed in another zoning district.
°~ ~ ~ .... ~ d 1 d
..... pa g
............ ssa es are e ete .
added. 6
Underlined passages are
t,.O 1 1 [2099
3.01.03 ZONING DISTRICTS
E. AR-1 AGRICULTURAL, RESIDENTIAL-1
7. Accessory Uses
Accessory uses are subject to the requirements of Section
8.00.00, and include the following:
Agriculture (farms and ranches accessory to single-family
detached dwelling).
Guest house subject to the requirements of Section
7.10.04.
Retail:
(1) Fruits and vegetables (produced on site).
(2) Retail sales of nursery products (subject to the
site plan requirements of Section 11.02.00).
F. RE-1 RESIDENTIAL, ESTATE - 1
7. Accessory Uses
Accessory uses are subject to the requirements of Section
8.00.00, and including the followinq:T
G®
Guest house subject to the requirements of Section
7.10.04.
RE-2 RESIDENTIAL, ESTATE-2
Accessory Uses
Accessory uses are subject to the requirements of Section
8.00.00, and including the followinq:T
Guest house subject to the requirements of Section
7.10.04.
RMH-5 RESIDENTIAL, MOBILE HOME-5
Permitted Uses
Family day care homes.
Mobile home parks and courts subject to the requirements
of Section 7.10.16!.
CO COMMERCIAL, OFFICE
Permitted Uses
~ .... u ~u ..... ~ passages are deleted.
added. 7
Underlined passages are
07/+0 P4r 21 O0
g.
h.
±.
j.
k.
1.
Accounting, auditing, and bookkeeping services.
Advertising services.
Business associations.
Contract construction services - office only.
Detective and protective services.
Duplicating, mailing, and stenographic services.
Employment services.
Executive, legislative, and judicial functions.
Finance, insurance, and real estate services.
Labor unions and similar labor organizations.
News syndicate services.
Professional services.
Radio and television broadcasting studios (only combined
systems).
Telecommunications facilities.
Telephone exchange stations.
Travel agents.
S. CG COMMERCIAL, GENERAL
2. Permitted Uses
g.
h.
j.
k.
m.
n.
O.
p.
q.
r.
s.
t.
U.
V.
Accounting, auditing, and bookkeeping services.
Advertising services.
Amphitheaters.
Animal hospital services.
Apparel repair, alteration, and cleaning pick-up
services; shoe repair services.
Automobile and truck rental services.
Beauty and barber services.
Child care facilities.
Civic, social, and fraternal associations.
Commercial printing.
Contract construction services (office and interior
storage only).
Cultural activities and nature exhibitions.
Detective and protective services.
Duplicating, mailing, and stenographic services.
Electrical repair services.
Employment services.
Equipment rental and leasing services.
Executive, legislative, and judicial functions.
Financial, insurance, and real estate services.
Funeral and crematory services.
Gasoline service stations.
Household goods warehousing and storage-mini-
warehouses.
Labor unions and similar labor organizations.
Laundering, dry cleaning, and dyeing services.
Mobile food vendors (eating places, fruits, and
vegetables-retail).
~ .... '- through passages are deleted.
added. 8
Underlined passages are
2101
gg-
hh.
Motor vehicle repair services (excluding body repair).
Motor vehicle parking (commercial parking lots)
Motor vehicle wash services.
News syndicate services.
Photo finishing services.
Photographic services (including commercial).
Postal services.
Professional membership organizations.
Professional services.
kkii. Protective functions and their related activities.
iijj. Radio and teleVision repair services.
jjkk. Recreation facilities.
.... 11 Retail trade-indoor display and sales only, except as
provided in Section 7.00.00.
llmm. Restaurants.
=~n. Reupholstery and furniture repair service.
nnoo. Special training and schooling.
oopp. Telecommunications centers.
~pqq. Travel agents.
~rr. Watch, clock, and jewelry repair services.
rrss. Welfare and charitable services.
U. IH Industrial, Heavy
5. Offstreet Parking and Loading Requirements
Offstreet parking and loading requirements
to Section 7.06~.00.
are subject
W. U UTILITIES
8. Accessory Uses
Accessory uses are subject to the requirements of Section
8.00.00 and include the following:
Automobile and truck rental services.
Restaurants.(Includinq the sale of alcoholic beverages
for on premises consumption only.)
INSTITUTIONAL
8. Accessory Uses
Accessory uses are subject to the requirements of Section
8.00.00, and include the following:
Drinking places (alcoholic beverages related to civic,
social, and fraternal uses).
Restaurants. (Including the sale of alcoholic beverages
Struck through passages are deleted.
added. 9
Underlined passages are
0 1 2102
for on-premises consumption only.
Funeral and crematory services.
Heliport landing/takeoff pads.
Mobile home for security.
Residence halls or dormitories.
Z. RVP RECREATIONAL VEHICLE PARK
2. Permitted Uses
a. Recreational vehicles and travel trailers.
b. Recreational vehicle parks are subject to the
requirements of Section 7.10.1~.
AA. HUTCHINSON ISLAND RESIDENTIAL DISTRICT
15. Additions to Recreational Vehicles, Mobile Homes, and Travel
Trailers
Notwithstanding any other provision of this section, any
mobile home, recreational vehicle, or travel trailer park
space located in this district shall be considered an
existing conditional use under Section 11.0~!.005.(G) if
and only if:
Ce
No addition to an existing recreational vehicle or travel
trailer shall be permitted unless the addition meets all
requirements of the RVP District. Provided, however,
that in recreational vehicle or condominium travel
trailer subdivisions, additions to recreational vehicles
and travel trailers shall be permitted subject to the
following requirements:
(5) No Florida room, screen room, wood deck or new roof
shall be erected unless a permit has been obtained from
the Community Development Dircctcr Administrator.
(6) Plans for Florida rooms, screen rooms, wood decks,
and new roofs shall be submitted to the Community
Development Dircct=r Administrator for approval. Plans
must carry the seal of a registered Florida architect or
engineer and must be accompanied by an affidavit from the
architect or engineer stating that the structure meets or
exceeds Standard Building Code requirements unless the
screen room is of usual or normal design as determined by
the Building Official. Pre-approved Master Plans may be
utilized.
(7) The space between tipouts may be enclosed provided
that the addition does not encroach into any required
setback and there is at least one exterior opening
............. ~.. passages are deleted.
added. 10
Underlined passages are
OR
. 0740 I ,E2103
directly to the outside without passing through the
vehicle. If two (2) doors or an emergency exit window of
the vehicle are enclosed, an additional exterior door
shall be installed. The exterior door shall not be less
than twenty-eight (28") inches in width and six (6') feet
two (2") inches in height. A permit must be obtained
from the Community Development Dircctcr Administrator
prior to enclosure of the space between tipouts.
(8) Upon obtaining a permit from the Community
Development Dircctor Administrator, an existing roof may
be replaced or a second roof may be erected above the
existing roof. Alteration of the contour of the roof is
permissible at this time. In addition, the new roof may
be extended to form the roof of a screen room on one side
of the vehicle. However, no other structures may be
attached to the new roof. If a roof is erected above an
existing roof, there shall be a clearance of not less
than eighteen (18") inches in a vertical direction above
the top of any fuel burning appliance vent or plumbing
vent extending through the roof and not less than six
(6") inches in a horizontal direction from each side of
the recreational vehicle or travel trailer. A
ventilating opening shall be installed at the highest
point in a roof erected above an existing roof to
relieve products of combustion from vents or ducts of
fuel burning equipment. Vent openings shall have a
minimum cross-sectional area of twenty-eight (28") square
inches. Chimneys or vents of appliances burning solid or
liquid fuel shall extend through the surface of the roof
erected over the original roof and terminate in an
approved roof jack and cap. All other venting shall
extend through the surface of the roof erected over the
original roof.
16. Sea Turtle Protection
Sea turtle protection requirements shall be in accordance with
Section 6.0§~.02.
5.01.02 REQUIREMENTS FOR CERTIFICATE OF CAPACITY
B. SUBMISSION OF APPLICATION TO COMMUNITY DEVELOPMENT
ADMINISTRATOR
An application for a Certificate of Capacity shall be made to
the Community Development Dircct=r Administrator. The
application shall not be accepted while another application
is pending for a Certificate of Capacity for the same
development, or any appeal relating thereto.
......... passages
added.
are deleted.
11
Underlined passages are
D. DETERMINATION OF COMPLETENESS AND REVIEW
After receipt of an application for a Certificate of Capacity, the
Community Development Dircctcr Administrator shall determine
whether it is complete within ten (10) working days. If it is
determined that the application is not complete, written notice
shall be forwarded to the applicant specifying the deficiencies.
The ~ ...... ~-- ~ .... ~ ..... ~ ~---~-- Administrator shall take no
further action on the application unless the deficiencies are
remedied.
5.01.03 CONCURRENCY TEST
A. Within twenty (20) working days after the determination of
completeness, or concurrent with a response to an application for
a Development Order for which the Certificate of Capacity is
sought, the Community Development Dircct=r Administrator shall
perform a Concurrency Test for each application for a Certificate
of Capacity.
5.01.04 CERTIFICATE OF CAPACITY
A. A Certificate of Capacity shall be issued by the Community
Development Dircctor Administrator upon satisfactory completion of
the Concurrency Test and payment of the required fee.
5.02.01 GENERAL
Any person seeking an exemption from the terms of this Chapter
shall submit to the Community Development Dircct=r Administrator
substantial competent evidence to demonstrate entitlement to the
exemption. The appropriate, valid, unexpired Development Order or
application identified in an exemption provision shall, in and of
itself, constitute substantial competent evidence to demonstrate
entitlement to the applicable exemption. Written verification of
such Development Order, application or other evidence shall be made
bt i d by th ~ ..... ~-- ~ .... ~ ..... ~ ~---~ Administrator.
or o a ne e .............. ~ .........
If the evidence meets the applicable exemption requirements and is
verified, the Certificate of Capacity Exemption shall be granted by
the -= ..... ~ - ~ .... ~ ..... ~ ~---~- Administrator.
5.02.04 CERTIFICATE OF CAPACITY EXEMPTION
Upon determining that the development meets one or more of the
criteria set out above, the Community Development Director
Administrator shall issue a Certificate of Capacity Exemption.
5.03.02 MEASUREMENT OF ROAD CAPACITIES
The Florida Department of Transportation (FDOT) Tables of
Generalized Daily, Peak Hour, and Peak Hour/Peak Direction Level-
.............v-~ passages are deleted.
added. 12
Underlined passages are
2105
of-Service Maximum Volumes will be used to determine initial
highway capacities. The measurement of capacity may also be
determined by substantiation in the form of engineering studies
signed by a licensed Professional Engineer. Traffic analysis
techniques must be professionally acceptable and justifiable as
determined by the Community Development Dircotor Administrator.
5.04.01 CERTIFICATE OF CAPACITY VARIANCE
A. So as to provide for a reasonable economic use of land in
those rare instances where a strict application of the adequate
public facilities requirements of this Chapter would constitute an
unconstitutional taking of property without due process of law, the
Community Development Dircctcr Administrator may issue a
Certificate of Capacity Variance. This Certificate may be issued
only if the~o=~uni.''~ ~cvc_o-mcn~~ ~ ~ ~ Dircc~v~ Administrator finds and
the County Attorney confirms all of the following circumstances to
be true:
Approval of the Certificate of Capacity Variance is
conditioned on the initiation of development
~ .... ~ ..... ~ at the allowable density subject to the receipt
of a Certificate of Capacity within two (2) years of the time
public facilities are available to serve the proposed
development.
Upon making a finding of the foregoing circumstances to be true,
the Community Development Dircctor Administrator shall issue a
Certificate of Capacity Variance with the necessary conditions to
protect the public health, safety and welfare and give effect to
the purpose of this Chapter.
B. Any Development Order which is issued based upon a Certificate
of Capacity Variance shall be consistent with it and incorporate
all of the conditions placed on the Certificate by the Community
Development Dircctor Administrator.
5.05.01 CONCURRENCY TEST FEE
The Community Development Dircotor Administrator shall charge each
applicant a Concurrency Test fee in an amount to be established in
accordance with Section 11.12.00 of this Code. The Concurrency
Test fee shall not be refundable.
5.05.02 PROCESSING FEE
The Community Development Dircctor Administrator shall charge a
processing fee to any person that requests an informal analysis of
capacity if the requested analysis requires substantially the same
analysis and evaluation as a Concurrency Test. The processing fee
shall be non-refundable and non-assignable.
~ .... u through passages
added·
are deleted.
13
Underlined passages are
07/ 0 . E2106
6.00.03 VEGETATION REMOVAL PERMIT REQUIRED
A. Unless otherwise provided in this Code, no person shall remove
vegetation from any lot or parcel of land or portion thereof in the
unincorporated area of St. Lucie County without first obtaining a
vegetation removal permit from the Community Development
Administrator unless exempt pursuant to Section 6.00.04 of this
Code.
B. Unless otherwise provided for in this Section, all public
agencies, including the various subdivisions of St. Lucie County
government, shall be subject to the requirements of this Section.
Public agencies, however, shall not be subject to:
1. The permit application fees established by Section
~ n: ~. ~ . 11.12.00;
6.00.05 CRITERIA GOVERNING ISSUANCE OF PERMIT
A. The Community Development Dircctor Administrator shall grant
a vegetation removal permit provided that a completed application
is accompanied by sufficient evidence that at least one of the
following criteria has been satisfied with respect to the protected
vegetation designated for removal or grubbing under the permit:
B. The extent of approval to remove vegetation shall be limited
by the Community Development Dircct~r Administrator to the minimum
necessary to accomplish the purpose of the removal operation. This
may include limiting the extent of approval to portions of a lot or
parcel of land or specifying special conditions by which removal
shall take place. Such limitation shall be clearly indicated in
writing in the vegetation removal permit. If vegetation removal is
limited to a portion of a lot or parcel of land, the extent of such
limitation shall be clearly delineated on the face of any site
development plans.
D., In addition to the minimum standards established above,
supplemental site specific standards may be imposed by the
Community Development Dircctcr Administrator as a special condition
of a vegetation removal permit. These supplemental standards shall
be based upon the suggested standards in the latest edition of the
"Tree Protection Manual for Builders and Developers" published by
the Division of Forestry of the Florida Department of Agriculture
and Consumer Services, or a similar recognized reference manual.
6.01.02 MANAGEMENT COORDINATION
A~ The Community Development Dircct~r Administrator shall
establish administrative policies germane to the effective and
timely implementation of conditions set out in this Section
whereby:
~ .... '- ~ ..... ~ passages are deleted.
added. 14
Underlined passages are
i 2107
B. The Community Development Dircctcr Administrator shall
maintain, in consultation with DER and DNR, a process whereby:
Conditions imposed by the Community Development Dircct=r
Administrator for mangrove protection are consistent with
State guidelines, rules and regulations.
The Community Development Dircctcr Administrator receives a
copy of all permits granted by DER and DNR for activities
involving mangroves in state jurisdictional waters.
C. The Community Development Dircctcr Administrator shall
maintain, in consultation with the U. S. Army Corps of Engineers
(COE), a process whereby the Dircctor Administrator receives a copy
of all permits granted by the COE for activities involving
mangroves within jurisdictional waters.
6.01.03 PROHIBITIONS
Unless exempted pursuant to Section 6.01.04, no person shall alter,
or allow or cause to be altered, or selectively trim or prune, any
mangrove in any mosquito impoundment, lagoon, estuary, canal,
wetland or other water body, or any mangrove within state
jurisdictional waters, on property located within the
unincorporated areas of St. Lucie County without first obtaining
the appropriate permit from the Community Development Dircct=r
Administrator.
6.01.04 EXEMPTIONS
A. Permit requirements for alteration and selective trimming or
pruning set out in this Section are waived upon notification
pursuant to Section 6.01.04.1B1 for the activities listed below, as
appropriate:
Research in mangrove, salt marsh and tidal fresh waters if
approved by the Community Development Dircct=r Administrator,
and provided that any alteration or selective trimming is the
minimum necessary reasonably to accomplish such research.
However, research as a form of mitigation is subject to the
requirements and standards set out in Section 6.01.12.
B. For persons qualifying for the above exemptions written
notification of the date, location and extent of selective trimming
or alteration of mangroves must be submitted to the Community
Development Dircct=r Administrator, unless such notice is waived
by the ~r.~..-ni~-- ~ .... ~ ..... ~ ~-~-~ Administrator to coordinate
trimming with DER after a freeze or other disaster. Notice shall
be given within thirty (30) days after such activity·
°~.- .... u through passages are deleted.
added. 15
Underlined passages are
t08
C_~. A Florida registered land surveyor is exempt in the
performance of his duties, provided that alteration or selective
trimming is the minimum necessary reasonably to accomplish
surveying duties, and provided further that any alteration is
limited to a swath three (3) feet or less in width. Verbal or
written notice shall be received by the Community Development
Dircctcr Administrator at least forty-eight (48) hours before the
proposed alteration or selective trimming, indicating the date,
location and extent to alteration or selective trimming.
D_=. The Community Development Dircctcr Administrator may inspect
mangrove alteration and/or trimming conducted under the above
exemptions to determine compliance with exemption criteria.
6.01.05
GENERAL STANDARDS FOR THE ISSUANCE OF A PERMIT FOR
MANGROVE ALTERATION
B~ No permit shall be granted for the alteration of any mangrove
without the approval by the Community Development Dircct~r
Administrator of a mitigation plan which meets the appropriate
requirements and standards set out in Section 6.01.1~, unless
waived pursuant to Section ll.05.04TIEI.
C. No activity permitted by the Community Development Dircct=r
Administrator pursuant to this Section shall commence when approval
or permitting for such activity is required by other federal,
state, or local agencies until such approval or permitting is
obtained, and a copy of such approval or permit is submitted to the
..... ~ .. ~ .... ~ ..... ~ ~___~A_ Administrator.
D__=. Any permit issued pursuant to this Section shall expire one
hundred and twenty (120) days after issuance, or one hundred and
twenty (120) days after issuance of State and Federal permits,
whichever is later, if permitted work has not commenced. A thirty
(30) day extension for commencement of permitted work may be
granted once upon approval of the Community Development Dircctcr
Administrator.
~.. Any permit issued pursuant to this section shall expire one
(1) year after issuance, or one (1) year after issuance of State
and Federal permits, whichever is later, if permitted work
including any required mitigation has not been completed. For
multi-phased projects, the permit expiration date for each phase
after the first shall be one (1) year after construction begins,
and the permittee shall notify the Community Development Dircct=r
Administrator within ten (10) days after the beginning date of
construction for each phase after the first. However, in no case
shall the permit expiration date be less than that set out in a
State and Federal permit for construction of the project and
completion of the required mitigation.
°~ .... '- ~ ..... ~ passages are deleted.
added. 16
Underlined passages are
."07 0 2109
F. If the permittee fails to complete the permitted work within
the prescribed time period, the permittee shall be subject to
enforcement and penalties as set out in Section 11.13.02 for any
mangrove alteration completed at the time of the permit expiration
date. A sixty (60) day extension for completion of permitted work
inclusive of any required mitigation may be granted once upon
approval by the Community Development Dircctcr Administrator.
6.01.06 STANDARDS FOR NON-VEHICULARACCESS TO THE WATER
A. The Community Development Dircctcr Administrator shall
consider cumulative impact in making a determination on issuance of
a permit for the proposed removal and/or alteration plan.
6.01.11 MITIGATION REQUIREMENTS AND STANDARDS
B. MITIGATION ACREAGE REQUIREMENTS
For vehicular access, the mitigation acreage shall be three
(3) times greater than the mangrove area proposed for
alteration or removal in square feet, that is, a 3:1 ratio of
mitigation acreage to mangrove area lost. A mitigation
acreage of less than 3:1 but not less than 2:1 may be
considered by the Community Development Dircct~r
Administrator, if it can be reasonably demonstrated that the
lesser ratio will provide a replacement of mangrove habitat
over the compliance period which will be equivalent to the
mangrove habitat lost by the proposed alteration or removal
plan.
F. MITIGATION OPTIONS
The Community Development Director Administrator may consider
other forms of mitigation and mitigation compliance conditions in
non-salt marsh impoundments including, but not limited to,
improvements in tidal flushing and wetland creation in uplands, if
it can be demonstrated that such options are more appropriate than
the requirements set out in Sections 6.01.11TIBI through lEi and
Section ll.05.04TIDI. However, mitigation as set out in Sections
6.01.11~1B1 through lEI shall be considered to the greatest extent
possible prior to considering other options. The alternate
mitigation proposed shall be at a ratio of at least 2:1 mitigation
acreage to mangrove area lost, unless otherwise permitted by the
State.
H_=. ENSURING THE SUCCESS OF MITIGATION
2. Maintenance and Monitoring
For all mitigation projects, the Community Development
Dircctcr Administrator shall require, at a minimum:
~ .... u ~ ..... ~ passages are deleted.
added· 17
Underlined passages are
1 I 0
6.02.01 COASTAL AREA PROTECTION
B. OVERALL REVIEW AND CONSISTENCY
No development shall be approved unless consistent with the
applicable policies set out in this Section. All development
shall be reviewed by the Community Development Director
Administrator for consistency with the policies set out in
this Section.
6.02.02 SHORELINE PROTECTION
C. INDIAN RIVER LAGOON AND OTHER SHORELINES
3. Minimum Buffer Variance
The Community Development Dircctcr Administrator may approve
a variance to the minimum fifty (50') foot vegetation buffer,
provided that no variance shall permit a vegetation buffer of
less than forty (40') feet.
4. Maximum Buffer Variance
A variance to permit a vegetation buffer of less than forty
(40') feet may only be granted by the Board of ~ ......
County Commissioners in accordance with procedures and
standards set forth in Section 10.01.~11.
E. PLAN OF MANAGEMENT AND CONSERVATION PRACTICE REQUIRED
Prior to obtaining a vegetation removal permit required by Section
6.00.03, an applicant owning property in the geographic areas
outlined in subsection B, above, shall submit to the Community
Development Dircctcr Administrator a written plan of management and
conservation practice covering the area from which the applicant
proposes to remove natural vegetative growth. The applicant may
submit his own plan of management and conservation practice or may
secure such plan from the county soil and water conservation
district. The mowing of domesticated grasses and pruning of trees
shall not be considered removal. Cutting of the trunk shall not be
considered pruning.
F. AUTHORITY OF THE COMMUNITY DEVELOPMENT ~-R~)RADMINISTRATOR
TO STOP WORK IN VIOLATION OF SECTION
The Community Development Dircctcr Administrator shall have the
authority to issue a written order requiring the cessation of any
work or construction which takes place on waterfront property
covered by this Section if such work or construction is performed
prior to obtaining a valid permit from the building department for
such work or if such work being performed exceeds the authorization
..... passages
added·
are deleted.
18
Underlined passages are
as set forth in the Building Permit. The written order to cease
any further construction or work within the shoreline area shall be
served by personal delivery to any person performing construction
work on the particular property and a copy of the order shall be
posted upon the property visible from the street, and a copy shall
also be mailed by certified mail, return receipt requested, to the
most recent address of the owner listed on the rolls of the St.
Lucie County Property Appraiser. Posting of the notice on the
subject property shall be prima facie evidence of the notice to
owner.
6.02.03 WETLANDS PROTECTION
A_=. GENERALLY
2. Permit Required
Any construction, dredging, filling, or alteration in, on, or
over a jurisdictional wetland shall require a permit in
accordance with this Section and Section 11.05.12 unless
specifically exempted by Section 6.02.03.~_ of this Code.
B_~. JURISDICTION
Upon request, the Community Development Director
Administrator shall provide a wetlands jurisdictional
determination of a specified parcel of land. The request
shall include at least three (3) aerial photographs of the
land at a scale of 1"=200' or less scale, with the subject
property boundaries clearly marked. At the request of the
~--A--~'~tvrA Administrator, the land owner may be required to
provide directions, access, or field marking of the subject
parcel. Such jurisdictional determinations shall be
considered accurate by the Dircctor Administrator for a
period of two (2) years, unless a subsequent request for
jurisdictional determination is made·
D~ CRITERIA FOR GRANTING PERMITS
In addition to the foregoing general criteria, a permit for
any bulkhead permitted by the Community Development Dircctor
Administrator (except those located within a commercial boat
haul out facility) shall be issued only if:
A minimum three foot (3') wide littoral zone is planted
and maintained with native aquatic vegetation at the
appropriate elevations. Alternatively, new sections of
riprap of no more than fifty (50') feet in length shall
be permitted providing all other criteria of this Section
are met.
~ .... '- through passages
added.
are
deleted.
19
Underlined passages are
Ge
MITIGATION
For projects that do not meet the permitting criteria of
Section 6.02.03.1D1, the Community Development Dircct=r
Administrator may evaluate proposals for mitigation when the
criteria in paragraphs 2 or 3 below are met.
Standards for Mitigation
The Community Development Dircctor Administrator shall
require a ratio for restored or created functions and/or
acreage exceeding the above ratios where:
Maintenance and Monitoring. For all mitigation projects,
the Community Development Dircct=r Administrator shall
require, at a minimum:
EXEMPTIONS
Replacement of an existing functional seawall, where no
mangroves or seagrasses will be altered or removed, and
dredging is done only as necessary to install the new
wall, and provided further that the new wall is faced
with:
(2) A minimumthree feet (3') wide littoral zone planted
and maintained with native aquatic vegetation at the
appropriate elevations as determined by the Community
Development Dircctor Administrator.
Dredging or filling which is required to connect
stormwatermanagement facilities permitted by the South
Florida Water Management District to non-tidal wetlands
and which is incidental to the construction of such
stormwater management facilities. Incidental dredging or
filling shall include:
(5) Other dredging or filling which the Community
Development Dircct=r Administrator determines will have
a similar effect as those activities listed above.
6.02.04
REGULATION OF MOTORIZED VEHICLES IN ENVIRONMENT~?.T.Y
SENSITIVE AREAS
®
No off-road use of a vehicle shall be u=cd permitted in any of
the following areas:
6 · 03 . 01 GENERAT,T,Y
C~ ADMINISTRATIVE REGULATIONS
~ .... u ~ ..... ~ passages are deleted.
added· 20
Underlined passages are
]07 ,0 ! 3
The Community Development Dircct=r Administrator is charged by
the Board of County Commissioners with the responsibility for
administering and enforcing this ordinance and the
regulations promulgated pursuant thereto.
Any final action by the Community Development Dircct=r
Administrator may be appealed to the Board. An appeal may
only be initiated by filing a written request with the County
Administrator, or designee. Upon receipt of the request ;and
within a reasonable period of time not to exceed thirty (30)
days, the request shall be scheduled before the Board. The
request shall not be subject to the formal notice and
advertisement requirements set out in Section 11.00.03. The
appellant, however, shall be notified of the time and date of
the public hearing. The Dircct~r Administrator shall be
required to submit a report to the Board citing the reasons
for the final action.
6.03.06. SPECIAL EXEMPTIONS.
A. Request for exemption. Any person subject to the prohibitions
set out in Section 6.03.03 may apply to the Community Development
Dircctor Administrator for a Special Exemption.
B. Information and fee required. The application for Special
Exemption shall include, at a minimum, the following information on
a form provided by the Dircctor Administrator, as well as the
appropriate filing fee as set out below:
A description of the mechanisms that will be utilized to meet
the conditions required for issuance of the exemption as set
out in Section 6.03.06~=+(C) below;
C. Review by the Community Development wircc.cr Administrator and
County Hydrogeologist.
Within thirty (30) working days of receipt of an application
for Special Exemption, the Dircct=r Administrator or designee
shall inform the applicant in writing whether such application
contains sufficient information for a proper determination to
be made. If the application is found to be insufficient, then
thew~.~v~~--A--~A-- Administrator shall provide to the applicant a
written statement by certified mail or hand delivery
requesting the additional information required· The applicant
shall inform the Dircctcr Administrator or designee within ten
(10) working days of the date of the written statement of his
or her intent to either furnish the information or have the
application processed as it stands·
Prior to notifying the applicant where applicable in
subsection #1 above, the Community Development Dircctor
added.
passages are deleted.
21
Underlined passages are
OR
i t 21 !1,
Administrator shall request from the County Hydrogeologist, as
applicable:
The County Hydrogeologist shall make appropriate surveys,
tests and inspections of property, facilities, equipment and
processes proposed or operating under the provisions of this
section to determine compliance with the provisions of this
section. At a minimum, a written inspection report from the
County Hydrogeologist to the Community Development Dircctcr
Administrator shall be required prior to the issuance of a
Certificate of Occupancy.
Issuance or denial. At the end of said ten (10) day period or
receipt of the additional information the Community
Development Dircctor Administrator or designee shall within
thirty (30) working days inform the applicant whether the
Special Exemption has been granted or denied. If the
Dircctor Administrator denies the application, the Dircctor
Administrator or designee shall provide the applicant with a
written notice outlining the reasons that the permit was
denied.
Criteria for issuance· The Community Development Director
Administrator shall grant an exemption if the person applying
for the exemption demonstrates that adequate technology exists
to isolate the facility or activity from the potable water
supply within the Zone of Protection wherein the proposed
facility or activity would be located. At a minimum, the
following conditions shall be met in order to meet this
criteria:
Revocation or revision. Any Special Exemption granted by the
Community Development Dircctcr Administrator pursuant to this
Section shall be subject to revocation or revision by the
Dircctcr Administrator for violation of any condition of said
Special Exemption by first issuing a written notice of intent
to revoke or revise (certified mail return receipt requested
or hand delivery). The applicant shall have the right to a
hearing before the Environmental Control Hearing Board prior
to revocation or revision in accordance with the procedures
set out in Section 11.~!3.00. Upon revocation or revision,
the activity will immediately be subject to the enforcement
provisions of this ordinance.
Appeals. Any final action by the Community Development
Dircctcr Administrator may be appealed to the Environmental
Control Board pursuant Section 11.~3.00 of this Code.
Other agency requirements· Any Special Exemption granted by
the Community Development Dircctcr Administrator pursuant to
this Code shall not relieve the exemptee of the obligation to
~ .... " ~ ..... ~ passages are deleted.
added. 22
Underlined passages are
2115
comply with any other applicable federal, state, a regional
or local regulation, rule, ordinance or requirement. Nor
shall said exemption relieve any exemptee of any liability for
violation of such regulations, rules, ordinances or
requirements.
6.04.01 NATIVE UPLAND HABITAT PROTECTION
B. GENERALLY
The Community Development Dircctor Administrator shall
designate and map the areas to be to be included in the
Inventory of Environmentally Sensitive Native Ecosystems for
purposes of this Code. The Inventory shall include properties
or portions of properties that, as a part of any proposal for
development or alteration, shall be reviewed for possible
public acquisition or for preservation through a conservation
easement or other method to be approved by the Board of
County Commissioners.
Unless designated and mapped by the Community Development
Dircctor Administrator prior to the application for a
Development Order, the following areas shall be excluded from
consideration as native ecosystems for purposes of this
Section:
A property owner who desires an exemption from this Section on
the basis of prior lawful alteration may submit an application
for exemption to the Community Development Dircct~r
Administrator, with accompanying evidence that he or she is
entitled to the exemption pursuant to this Section.
Ail lots or properties on which an application for a
vegetation removal permit or an application for a Preliminary
Development Order application has been received shall be
evaluated for possible inclusion wholly or in part in the
Inventory of Environmentally Sensitive Native Ecosystems,
unless the Community Development Dircctcr Administrator has
previously issued an exemption.
D. APPLICATION CONTENTS
If the Community Development Dircctor Administrator finds
that any portion of a property applying for a vegetation
removal permit or Development Order should be listed on the
Inventory of Environmentally Sensitive Native Ecosystems, the
applicant shall provide a professionally prepared supplemental
submission within twenty (20) working days containing the
following information:
~ .... '- ~u ..... u passages are ~~~+~.
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Underlined passages are
16
If no other application under this Code is pending, but an
~_ ~ ~ _~ ..... TT is proposed for property
alteration ~ ~ '- ~ ~
already listed on the Inventory of Environmentally Sensitive
Native Ecosystems, an application for a sensitive land
alteration permit shall be prepared.
PROCEDURE FOR REVIEW OF APPLICATION FOR SENSITIVE LAND
ALTERATION PERMIT; SUPPLEMENTAL SUBMISSION PROCEDURES
Upon receipt of the completed application for a sensitive land
alteration permit or supplemental submission requested
pursuant to paragraph 1, the Community Development Dircctcr
Administrator shall review and evaluate the environmental
impacts of said proposal in light of the goals, objectives,
and policies of the Conservation Element of the Comprehensive
Plan. The _ircc~=r Administrator shall work with the applicant
and other environmental agencies to provide the best possible
development or alteration proposal to satisfy the goals this
Code and the Comprehensive Plan as well as allowing for
economic use of the property.
The Community Development Dircctor Administrator shall
complete its review of the completed application for an
alteration permit within twenty (20) working days and approve,
approve with conditions, or deny the permit.
The Community Development Dircctor Administrator shall review
a supplemental submission of native ecosystems information
within twenty (20) days or within the same time period that
the underlying application is required to be reviewed,
whichever is longer.
PUBLIC ACOUISITION
Should the Community Development Dircctcr Administrator
determine that public acquisition of the property is the best
option to protect these environmentally sensitive lands
proposed for development, the Dircct=r Administrator shall
initiate action before the Board of County Commissioners or
other appropriate governmental entity for consideration of
such possibility. Action on the development application shall
be deferred by the Dircctcr Administrator for a period of time
not to exceed sixty (60) days while said agencies consider
the public acquisition of said land. At the expiration of the
sixty (60) day period, the development application shall be
allowed to proceed through the development approval process,
subject to appropriate conditions as described in Section
unless the land has been acquired or interest in public
acquisition is formally confirmed.
~ .... " ~ ..... ~ .passages are deleted.
added· 24
Underlined passages are
117
G. DETERMINATION OF SUFFICIENCY
A property owner who wishes to arrange for the preservation of
environmentally sensitive portions of his or her lands prior
to development may file an application with the Community
Development Dircctcr Administrator for a determination of
sufficiency of the proposed boundaries of environmentally
sensitive native ecosystems to be preserved, or other measures
designed to meet the intention of this Code.
The application for a determination of sufficiency shall
include at least the following information prepared by a
qualified professional approved by the Community Development
--~--A--~A--~ ~ Administrator:
A vegetation inventory and such other information
as the Community Development Dircctor
Administrator may require to determine the quality
of the habitat;
Upon receipt of the application for a determination of
sufficiency, the Community Development~-~A-~v~ Administrator
shall review the proposal for completeness and respond to the
applicant within twenty (20) working days with an approval or
a denial. The Dircctor Administrator shall deny the
application if the Dircctcr Administrator determines:
6.04.02 SEA TURTLE PROTECTION
B. MANAGEMENT COORDINATION
The Community Development Dircctcr Administrator shall be
responsible for establishing administrative policies germane to
the effective and timely implementation of conditions set out in
this Section.
1. The Community Development Dircctor Administrator shall
maintain a process whereby:
2. Coordination with the Department of Natural Resources (DNR)
The Community Development Dircctcr Administrator
maintain, in consultation with DNR, a process whereby:
shall
A STPP submitted to the Community Development Dircctcr
Administrator is made available to DNR if requested.
A STPP submitted to the Community Development _ircc.cr
Administrator is reviewed in consultation with DNR if the
proposed activity requires a DNR permit.
~ .... u ~u ..... ~ passages are deleted.
added· 25
Underlined passages are
1 18
de
Conditions imposed by the Community Development Director
Administrator for sea turtle protection are consistent
with State guidelines, rules and regulations.
The Community Development Dircctcr Administrator
receives a copy of all permits granted by DNR for coastal
construction seaward of the Coastal Construction Control
Line,
established pursuant to Chapter 161.053, Florida
Statutes.
Coordination with the Florida Department of Environmental
Regulation (DER)
The Community Development_~.~---~^-__~_. Administrator shall
maintain, in consultation with DER, a process whereby upon
adoption of this article the Community Development Dircctcr
Administrator receives a copy of all permits granted by DER
for any coastal development within jurisdictional boundaries
or below mean high water in the Atlantic Ocean·
Coordination with the U.S. Army Corp of Engineers (COE)
The Community Development Dircctcr Administrator shall
maintain, in consultation with COE, a process whereby upon
adoption of this article the Dircctcr Administrator receives
a copy of all permits granted by COE for any coastal
development within jurisdictional boundaries or below mean
high water in the Atlantic Ocean.
PROHIBITION OF ACTIVITIES DISRUPTIVE TO SEA TURTLES
Prohibition of Horseback Riding
Horseback riding shall be prohibited on or seaward of the
primary dune during the nesting season, except when a special
permit is issued by the Community Development Dircct=r
Administrator in accordance with regulations adopted by
resolution of the Board.
SEA TURTLE PROTECTION PLAN (STPP) APPLICATION CONTENTS
Preparation and Submission of STPP
A STPP shall be submitted to the Community Development
Dircctor Administrator concurrently with the submission of a
building and/or site plan. The STPP shall include the
following information, as applicable:
G. GENERAL STANDARDS FOR COASTAL DEVELOPMENT WITHIN
JURISDICTIONAL BOUNDARIES
e~ .... u ~ ..... ~ passages are deleted.
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Underlined passages are
2119
Sea Turtle Protection Plan (STPP) Approval
Community Development Dircctcr Administrator approval of a
STPP is required prior to the issuance of a building permit or
approval of a site plan. Approval of a STPP does not relieve
person(s) from complying with all other applicable conditions
set out in this Section or from mitigating against subsequent
negative impacts to sea turtles, their nests or eggs resulting
from the approved activity.
Protective/Mitigative Measures
g. Breaches
Breaches through an exclusion fence which result in
successful nesting shall be reported to the Community
Development Dircctcr Administrator and the nest(s) shall
be relocated from the development area by a permitted
agent of the State.
i. Record Maintenance
Daily records shall be maintained for all sea turtle
monitoring conducted pursuant to this Section, and
together with a summary of the monitoring results, shall
be provided to the Community Development Director
Administrator by the person(s) identified in Section
6.04.02TIFITIllTIal(1) upon completion of development
activities, or the end of the sea turtle nesting season,
whichever comes first. Daily records shall include, as
appropriate:
STANDARDS FOR NEW BEACHFRONT LIGHTING
Reference Availability
The Community Development Dircctcr Administrator shall have
copies of the current state of the art manuals available for
review· As design and/or performance standards are developed
or upgraded and become available, the ~ ...... ~" ~ .... ~ ..... ~
-~.~_~."~-~-~- Administrator may provide additional references.
Beachfront Lighting Approval
be
The inspector shall prepare and report the inspection
findings in writing to the Community Development
~_~-~-~-~v ~ Administrator identifying:
STANDARDS FOR EXISTING BEACHFRONT LIGHTING
........... passages are deleted.
added. 27
Underlined passages are
2120
e
L®
No
Adjustment to Essential Lighting
Existing artificial light sources shall be repositioned,
modified or replaced with modern alternatives so that the
source of light is not directly visible from the beach and/or
does not directly illuminate areas seaward of the primary
dune. Techniques and/or materials used shall be consistent
with the manual referenced in Section 6.04.02TIIIT121 and
other reference manuals identified by the Community
Development Dircctcr Administrator.
Enforcement and Implementation of Mitigative Measures
In areas where compliance with the lighting conditions of this
Section are not evidenced, non-compliant property owners shall
be required to implement appropriate protective measures,
developed in consultation with the Community Development
Dircct~r Administrator, to mitigate against potential negative
impacts to sea turtles. Mitigative measures shall be
implemented in addition to applicable penalties and fines.
Any mitigation program implemented as a result of non-
compliance with lighting conditions of this Section shall
remain in effect until such time that acceptable beachfront
lighting is achieved.
STANDARDS FOR NEW BEACH ACCESS POINTS
Sign Removal
Removal of the information signs by anyone other than those
authorized by the Community Development Dircctcr
Administrator is prohibited.
STANDARDS FOR MECHANICAL BEACH CLEANING
Sea Turtle Protection Plan (STPP) Exemption
A STPP may not be required for mechanical beach cleaning
activities if it is demonstrated to the Community Development
Dircct=r Administrator that the proposed operation(s) will
have no adverse effects on the normal development and
viability of eggs and hatchlings in sea turtle nests and
habitats, pursuant to the following procedures:
a®
The Community Development Dircctcr Administrator shall
be notified in writing by the applicant that the
protective/mitigative measures set out in Section
6.04.02.G.6 shall not be required as part of the State
permit.
~- .... '- ~. ..... u~. passages are deleted.
added. 28
Underlined passages are
2121
The Community Development Dircctcr Administrator shall
grant an exemption from the STPP upon consultation with
the State and receipt of a copy of the State permit prior
to commencement of the mechanical beach cleaning
activities.
6.05.01 GENERAL PROVISIONS
D. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Emergency Management Agency in its Flood Insurance Study, as
indicated in the most current maps provided to St. Lucie County,
.~v~--~A-~--"v..~..v~- ~ ----A----A--.~v~__~__~ A~ ..~----~ .... (~cbruary 17 , ~-~,~n°~' · -..-~-~ including
Flood Insurance Study Supplement-Wave Height Analysis, ~
~A..- ~.. ~ A-~ ~__ ,,- ~ ----A----A--. ~ ~ ~ ~ --A. -- ,~..~ .. = ,no~, with
accompanying maps and other supporting data, and any revision
thereto, are adopted by reference and declared to be a part of this
Code.
6.05.03 SPECIFIC STANDARDS
A. SPECIFIC STANDARDS
2. Nonresidential Construction
New construction or substantial improvement of any commercial,
industrial or other nonresidential building (or manufactured
home) shall have the lowest floor, including basement,
elevated to or above the level of the base flood elevation.
Buildings located in all A-Zones may be floodproofed in lieu
of being elevated provided that all areas of the building
below the required elevation are watertight with walls
substantially impermeable to the passage of water and use
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of
buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the
Community Development Dircctor Administrator as set forth in
subsection 6.05.07~1B1~191.
6. Coastal High Hazard Areas (V ZONES)
There shall be no fill used as structural support. Non-
compacted fill may be used around the perimeter of a
building for landscaping aesthetic purposes provided the
fill will wash out from storm surge, (thereby rendering
the building free of obstruction) prior to generating
excessive loading forces, ramping effects, or wave
deflection. The Community Development Dircct~r
..........-- - - ~ . passages are deleted.
added. 29
Underlined passages are
t22
Administrator shall approve design plans for
landscaping/aesthetic fill only after the applicant has
provided an analysis by an engineer, architect, and/or
soil scientist, which demonstrates that the following
factors have been fully considered:
Prior to construction, plans for any structures that will
have lattice work or decorative screening must be
submitted to the Community Development Dircct~r
Administrator for approval.
6.05.07 ADMINISTRATION
PERMIT PROCEDURES
Application for a development permit shall be made to the Community
Development Dircctor Administrator on forms furnished by him or her
prior to any development activities, and may include, but not be
limited to, the following plans in duplicate drawn to scale showing
the nature, location, dimensions and elevations of the area in
question; existing or proposed structures, earthen fill, storage of
materials or equipment; drainage facilities and the location of the
foregoing. Specifically, the following information is required:
2. Construction Stage
b®
No structural construction beyond the foundation shall be
authorized until the required flood certification has
been submitted to and approved by the Community
Development Dircctor Administrator in accordance with
paragraph c below.
Within twenty-one (21) calendar days of establishment of
the lowest floor elevation, or floodproofing by whatever
construction means, or upon placement of the horizontal
structural members of the lowest floor, whichever is
applicable, it shall be the duty of the permit holder to
submit to the Community Development Dircct~r
Administrator:
The Community Development Dircctcr Administrator shall
review the floor elevation survey data submitted.
Deficiencies detected by such review shall be corrected
by the permit holder immediately and prior to further
progressive work being permitted to proceed. Failure to
submit the survey or failure to make said corrections
required hereby, shall be cause to issue a stopwork order
for the project.
B_~. DUTIES AND RESPONSIBILITIES OF THE COMMUNITY DEVELOPMENT
ADMINISTRATOR
~ .... " ~ ..... ~ passages are deleted·
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07L O 1 2123
Duties of the Community Development Dircctcr Administrator shall
include, but not be limited to:
In Coastal High Hazard areas, the ~ ...... =~-' ~ .... ~ ..... ~
Dircctor Administrator shall review plans for the adequacy of
breakaway walls in accordance with Subsection
6.05.03TIAITI6]_thl.
0
When floodproofing is utilized for a particular structure, the
~v~_._. ...... _~: ~.. --~A''A--v~ ..... --~ .~"' ~':-A-~- Administrator shall obtain
certification from a registered professional engineer or
architect in accordance with subsection
10.
Where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (for example,
where there appears to be a conflict between a mapped boundary
and actual field conditions), the
Dircctcr Administrator shall make the necessary
interpretation. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 10.01.10.
11.
When base flood elevation data or floodway data have not been
provided in accordance with Section 6.05.01~1D1, then the
...........~ ~cvc~c-mcn.~ ~ ~ Dircctor Administrator shall obtain,
review and reasonably utilize any base flood elevation and
floodway data available from a federal, state or other source,
in order to administer the provisions of Sections 6.05.02
through 6.05.06.
12.
Ail records pertaining to the provisions of this chapter shall
be maintained in the office of the ~ ..... ~-- ~ .... ~ ..... ~
Dircutor Administrator and shall be open for public
inspection.
7 . 01 . 03 STANDARDS AND REQUIREMENTS
B. 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. On North and South
Hutchinson Island, the provisions of Section 3.01.03.~.7(AA) and
181 shall govern.
7.02.02 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, General (CG); Industrial Light (IL); Industrial Heavy
added.
passages are deleted.
31
Underlined passages are
(IH), Utility (U) and Institutional (I) Zoning Districts, and any
non-residential permitted, conditional, or accessory use identified
in the Agriculture-1 (AG-l), Agricultural-2.5 (AG-2.5), or
Agricultural-5 (AG-5) zoning districts of this Code may be
permitted in a Planned Non-Residential Development District for a
variety of uses, to the extent consistent with the future Land Use
designations of the St. Lucie County Comprehensive Plan, the
standards, conditions and requirements in this Code that pertain
to conditional and accessory uses and the standards set forth in
Section 3.01.03 and 8.00.00.
7.04.01 REQUIREMENTS
C. GRADE OF RESIDENTIAL BUILDINGS
1. The minimum first floor elevation of all residential buildings
shall be at least eiqhteen (18) inches above the crown of any
street adjacent to the lot or shall meet the minimum base
flood elevation, whichever is higher.
When topographical conditions are such that compliance with
this subsection would be impracticable or cause grade level
conditions detrimental to adjacent or nearby property, the
Community Development Administrator shall grant relief from
the provisions of this subsection, consistent with Flood
Protection regulations.
D~ FILLED LAND
Any filled land created in the unincorporated area of St. Lucie
County shall be filled so that the settled elevation of such land
shall be at least five (5) feet above mean sea level (MSL), as
measured by U.S.C. and G.S. Datum.
7.04.03 BUILDING SPACING FORMULA
D. FORMULAS FOR MINIMUM DISTANCE BETWEEN BUILDINGS AND PROPERTY
LINES
Between Buildings
The formula regulating the required minimum distance between
two (2) buildings (referred to as Building A and Building B)
is as follows:
D = [ LA + L~ + 2(HA + H,) ] /4
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2125
7.05.03
A. ST.
RIGHTS-OF-WAY
IMPROVEMENTS
LUCIE COUNTY
DETERMINATIONS
THOROUGHFARE
AND DEDICATIONS,
NETWORK--RIGHT-OF-WAY
Be
PROTECTION PLAN
Findings
a®
Traffic congestion and overcrowding on the State Highway
System and County Road System constitute a serious and
growing problem, which impedes the development of an
effective County-wide transportation system, results in
increased incidents of traffic accidents, personal
injury, and property damage or loss, impedes sound
economic growth, a\ impairs effective growth management,
discourages tourism, increases maintenance costs,
shortens the effective life of transportation facilities,
delays public evacuation for natural storms and
emergencies, impairs national defense and disaster
response readiness, delays response time for emergency
vehicles, significantly increases public infrastructure
needs and associated costs related to the provisions of
police, fire, accident, medical, and hospital services,
impairs air quality and otherwise is injurious to the
public health, safety, and welfare.
REVIEW OF THE THOROUGHFARE NETWORK--RIGHT-OF-WAY PROTECTION
PLAN
The Thoroughfare Network-Right-of-Way Protection Plan shall be
reviewed by the Community Development Dircctor Administrator,
County Engineer, St. Lucie Metropolitan Planning Organization, and
the St. Lucie County Board of County Commissioners at least one (1)
time every two (2) years to assess the necessity for continuing the
protection of the transportation corridors and the necessity for
retaining the property acquired for the transportation corridor.
If a transportation corridor is determined to be no longer
necessary, the transportation corridor shall be removed from the
Plan. If a new transportation corridor is determined to be needed,
the transportation corridor shall be added to the Plan.
7.05.06 DRIVEWAYS
BUILDINGS, BUILDING REGULATIONS
NO Certificate of Occupancy or final inspection shall be issued by
the Community Development Dircctor Administrator until the
completed curb cut or driveway has been inspected and approved by
the County Engineer. The property owner shall notify the County
Engineer upon completion of the curb cut or driveway and at least
twenty-four (24) hours prior to the requested inspection.
~ .... u ~ ..... ~ passages are
added.
deleted.
33
Underlined passages are
! 2126
De
CULVERT REQUIREMENTS
Ail culverts shall end in a mitered end section with collar
unless otherwise approved in writing and in advance by the
County Engineer.
Construction of all culverts shall meet the requirements of
Chapter XIII and all other applicable County regulations.
7.05.07 PROVISIONS FOR ACCESS TO NEW DEVELOPMENT A~TIVITIES
B. PAVING REQUIREMENTS FOR ROADS THAT ACCESS DEVELOPMENTS
REQUIRING SITE PLAN APPROVAL THAT UTILIZE UNPAVED PUBLIC AND
PRIVATE ROADS FOR ACCESS
4. General Requirements
a. Small Traffic Attractors/Generators
(2) Paving option: In lieu of submitting funds for
paving under 14)(aJ_[11 above, the developer may propose
to pave or arrange for paving the development's access
road frontage notwithstanding requirements for roads
designated on the Thoroughfare Network Right-of-Way
Protection 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 development until all paving has been
completed, and improvements are inspected and approved by
the County. At the option of the Board of County
Commissioners, the developer may furnish the County
security in the amount of 115% of the estimated cost of
providing the paving improvement at the time of final
plat approval. The County Engineer shall approve the
amount of security to be furnished.
7.05.08 STREETAND HOUSE NAMING AND NUMBERING
I_~. STREET IDENTIFICATION SIGNS
Ail officially named or numbered streets shall be identified with
a street sign as prescribed in the Manual on Uniform Traffic
Control Devices, U.S. Department of Transportation, Federal Highway
Administration 1978 Edition, and subsequent revision of this
manual. No one other than St. Lucie County, the Florida Department
of Transportation, or any officially authorized party may erect or
maintain a street identification sign within any public road right-
of-way that does not conform to the requirements of this section.
The Public Works Dircctcr Administrator is authorized to remove
any nonconforming street identification sign.
............. ~.. passages are deleted.
added. 34
Underlined passages are
. 87 0 1 2127
J. STREET IDENTIFICATION SIGNS - MINIMUM/MAXIMUM SIZE
Ail street identification signs, erected in accordance with the
provisions of Paragraph I above, shall have lettering no smaller
than four (4) inches, nor larger than twelve (12) inches with a
maximum of a two inch border area around the street name.
The Public Works Dircctor Administrator is authorized to remove any
nonconforming street identification sign that is within the public
right-of-way. All private streets or roads within the
unincorporated area of the County shall comply with the
requirements of this subsection by August 1, 1995.
7.05.09 HOUSE AND BUILDING NUMBERS
A. GENERALLY
House and building numbers for all residential or commercial
uses in the unincorporated areas of St. Lucie County shall
only be assigned by the Community Development Dircct=r
Administrator, and shall be assigned at the time the building
permit is issued.
B. DUTY OF OWNER FOR PLACEMENT ON EXISTING STRUCTURES
1. Generally
It is the duty of the owner of any house or building to
cause the house or building number to be placed
conspicuously on the front of the house or building so
that the number can be seen plainly from the street line.
The numbers used to display the street identification
number for nonresidential buildings shall be at least six
(6") inches in height and for residential buildings shall
be at least four (4") inches in height. The numbers and
shall be made of durable, clearly visible material.
If a house or building is situated more than fifty (50')
feet from the street line, then the numbers shall be
placed near the walk, driveway or common entrance and
upon a post, mailbox or other appropriate place so as to
be easily discernable from the street. The numbers used
for nonresidential buildings shall not be less than six
(6") inches in height and for residential buildings shall
be at least four (4") inches in height· The numbers and
shall be made of a durable and clearly visible material.
7.06.02 OFF-STREET PARKING
A. REQUIRED OFF-STREET PARKING
~ .... " ~ ..... u passages
added.
are deleted.
35
Underlined passages are
For any uses not specifically mentioned, the requirements for off-
street parking shall be the same as those for the use that is most
similar to the unmentioned use. Such determination shall be made
by the Community Development Dircctor Administrator.
B. OFF-STREET PARKING REGULATIONS
3. Provision of Reserved Parking Areas
Where, in the determination of the Community Development
Dircctor Administrator, the required number of spaces is
excessive for a specific use, the owner or agent may
substitute landscaping in lieu of paving provided said areas
are reserved for future parking should the County find those
spaces are needed, and further provided:
The owner of the land upon which such parking is being
reserved shall enter into a written agreement which may
include a schematic portrayal as to how the required
parking can be provided, with the County, to be filed
with the Clerk of the Circuit Court, with enforcement
running to the County ensuring that the reserved parking
area shall never be encroached upon, used, sold, leased,
or conveyed, for any purpose except in conjunction with
the building or use which the reserved parking area
serves so long as the off-street parking facilities are
required.
The owner of the land upon which such reserved parking
area is located agrees to bear the expense of recording
the agreement which shall bind his heirs, successors, or
assigns.
The written agreement shall be voided by the County if
the reserved parking area is converted to usable parking
area or if the reserved parking area is no longer
required.
7.06.03 OFF-STREET LOADING AND DELIVERY SPACES
A. OFF-STREET LOADING REQUIREMENTS
For any use not specifically mentioned, the requirements for
off-street loading facilities to which the unmentioned use is
most similar shall apply. Such determination shall be made by
the Community Development Dircctcr Administrator.
~ u ~ ~ deleted
......... passages
............ are .
added. 36
Underlined passages are
2129
7.08.04 WASTEWATER AND SEWAGE DISPOSAL COMPLIANCE PERMIT
B__=. REQUIREMENT FOR ON-SITE SEWAGE DISPOSAL SYSTEM
Any other requirement which the Community Development Director
~m{nistrator determines necessary in the best interests of
public health and safety to prevent groundwater contamination
in industrial areas.
7.09.03 GENERAL PROVISIONS
C. PLANT MATERIALS
1. Quality
Plant materials used in conformance with the provisions of
this Code shall conform to the standards of Florida No.1 or
better as given in "Grades and Standards for Nursery Plants",
1973, and "Grades and Standards for Nursery Plants", Part II,
Florida Department of Agriculture and Consumer Services which
are on file in the Office of the Community Development
Dircctcr Administrator, or standards equal thereto. All plant
materials shall be insect- and disease- resistant, and shall
be clean and reasonably free of weeds and noxious pests or
diseases when installed. Plant materials that are known to be
intolerant of paving environments, whose physical
characteristics may be injurious to the public, or that
produce a quantity and quality of debris so as to present
maintenance difficulties shall not be specified for use under
this Code.
7.09.04 GENERAL LANDSCAPING REQUIREMENTS
C. PARKING AREA INTERIOR LANDSCAPING
6. Median Landscaping
a®
A linear landscape median between two abutting rows of
parking may be used to satisfy, in part, the requirements
of this Section relative to interior landscaping.
Terminal islands are required as described in Section
7.09.04(BC_)(3).
7.09.05 REMOVAL OF EXOTIC VEGETATION
A. GENERAL
B. AUSTRALIAN PINE AND/OR BRAZILIAN OAK TREE HEIGHT MAINTENANCE
1. Nuisances declared and prohibited
............. ~.. passages are deleted.
added· 37
Underlined passages are
OR
. 07 0 I E2130
a. It is found and declared to be expedient and
necessary to the preservation of the public health,
comfort, safety and welfare of the inhabitants o~
St. Lucie County that all lots in recorded
subdivisions of St. Lucie County, outside o~
municipalities, be required to be kept free from
Australian pine and/or Brazilian oak trees which,
by reason of height, proximity to neighboring
structures, physical condition, or other peculiar
characteristics, m{qht cause damage to life or
property within the immediate area surrounding the
s~me. The existence of trees which create a hazard
be
is declared to be a public nuisance.
No person shall plant or cause to be planted or
permit to be planted, anywhere within recorded
subdivisions of unincorporated St. Lucie County,
Casuarina (also known as Australian pine) trees
and/or Brazilian oak trees. Existing individual
Australian pine and/or Brazilian oak trees located
within recorded subdivisions of unincorporated St.
Lucie County shall be maintained at a height not to
exceed the distance between the tree and the
nearest property line, minus ten (10) feet· The
existence of any such trees is hereby declared to
be a public nuisance.
Notice to property owner
If the Community Development Administrator or his
designee finds and determines, based upon a complaint by
an owner or tenant of property adjacent to a lot which is
the site of such a tree, that a public nuisance as
described and declared in this section exists, he shall
notify the record owner of the offending property in
writing and demand that such owner cause the condition to
be remedied within thirty (30) days of mailing, serving
or posting of notice. Such notice may be in
substantially the following form:
Notice
TO: Date:
Address:
Property:
You, as the owner of record of the property
above described, are hereby notified that the
Board of County Commissioners of St. Lucie
County, Florida, on the day of
Struck tkrcugh passages are deleted.
added. 38
Underlined passages are
19 , determined that a
nuisance exists'upon such property, caused by:
(list briefly the details)
You are hereby notified that you must abate
this nuisance within thirty (30) days, failing
in which, the Board of County Commissioners
will have it done; and the cost thereof will
be levied as an assessment against such
property.
The notice shall be sent by certified mail, return
receipt requested, with a request to the postal service
to return after five (5) days, if undeliverable, and
shall be addressed to the owner of the offending property
as their name or names and mailinq address appear on the
records of the County Property Appraiser and shall be
deemed sufficient and complete when so addressed and
deposited in the United States mail with proper postage
prepaid, unless such notice is returned by the postal
service as undeliverable· If the notice is returned, the
Comm-nity Development Administrator shall deliver a copy
of the notice to the occupant, if any, of the property or
to any known agent of the owner who can be found within
the county; and if still unable to deliver the notice, he
shall physically post such notice on such land at or near
the front property line thereof.
Right of hearing before the Board of County Commissioners
Any notice given under Section 7.09.05(B)(2) shall advise
the property owner that within thirty (30) days after the
mailing, serving or posting of notice, as the case may
be, he may make a written request to the Board of County
Commissioners in care of the County Administrator for a
hearing before the body to afford him an opportunity to
show that the condition does not constitute a public
nuisance or to contest the determination of the Community
Development Admfnistrator. After receipt of such a
request, the County Administrator shall schedule a
hearing thereon at the next available meeting of the
Board of County Commissioners; and no further action
shall be taken to abate any nuisance involved until the
matter has been resolved by the Board of County
Commissioners.
4. Abatement by county
If, thirty (30) days after mailing, serving or posting of
notice, as the case may be, no hearing has been requested
added.
passages are deleted.
39
Underlined passages are
1 2132
and the conditions described in the notice have not been
r,medied or abated, the Community Development
A~m~nistrator shall authorize the condition to be
remedied or abated by the County at the expense of the
property owner. If a hearing has been held and has been
concluded adversely to the property owner, the
~m{nistrator shall authorize the condition to be
remedied or abated by the County at the expense of the
property owner, unless the Board of County Commissioners
direct otherwise. The employees, servants, agents or
contractors of the County are authorized to enter upon
the property and take such steps as are reasonably
required to effect the abatement.
Assessment of cost of abatement against property owner
After abatement the cost to the County, including a two
dollar ($2.00) per lot administrative charge, shall be
calculated and reported to the Board of County
Comm{ssioners. Thereupon the Board of County
Comm{ssioners, by resolution, shall assess the cost
against the offending parcel. The resolution shall
describe the property and show the cost of abatement
actually incurred by the County including the
a~m{nistrative charge. Such assessment shall be a legal,
valid and binding obligation against the property until
paid. The assessment shall become due and payable thirty
(30) days after the mailing of a notice of assessment
after which interest shall accrue at the rate of six (6)
per cent per annum on any unpaid portion there.
Notice of lien
As soon as possible after the assessment has been made,
the Board of County Commissioners shall cause a certified
copy of the assessment resolution to be filed in the
Office of the clerk of the Circuit Court in and for St.
Lucie County; and the lien shall become effective as of
the date of filing such copy with the Clerk of the
Circuit Court. The Clerk shall mail a notice to the
record owner or owners of each parcel of land described
in the resolution at the last available address for such
owner which notice may be in substantially the following
form:
Notice
To:
Address:
Property:
~ .... u ~ ..... ~ passages are deleted.
added. 40
Underlined passages are
07hO P 6E2133
You, as the record owner of the property above
described, are hereby advised that the Board
of County Commissioners of St. Lucie County,
Florida, did on the day of ,
19 , order the abatement of a certain
nuisance existinq on the above property,
sending you notice thereof, such nuisance
being:
(hereby describe briefly)
A copy of such notice has been heretofore sent
you. You failed to abate such nuisance;
whereupon, it was abated by St. Lucie County
at a cost of $ . Such cost, by
resolution of the Board of County
Commfssioners of St. Lucie County, has been
levied against the above property and has
become a lien thereon. You may pay such
assessment to the office of the Clerk of the
Circuit Court of St. Lucie County, Courthouse,
Fort Pierce, Florida. If such assessment is
not paid within one (1) year, suit will be
instituted to enforce said lien by the sale of
said lots.
Board of County Commissioners
of St. Lucie County, Florida
By
If such assessment is not paid in full, including
interest to the date of payment, within one {1) year
after it is filed in the office of the Clerk of the
Circuit Court of St. Lucie County, it may be enforced by
civil action as other liens are enforceable in the State
of Florida. Such action shall include court costs,
attorney's fees, and all other costs of enforcement.
7.10.04 GUEST HOMES
In the RC, AR-l, RE-1 and RE-2 zoning districts the Community
Development Dircctcr Administrator may authorize as an accessory
use, the construction of a guesthouse per single family dwelling,
provided that upon receiving a building permit for this use, the
property owner sign a notarized statement to the effect that under
no circumstances shall the guest house be used for rental purposes
seasonal or annual.
~ .... u ~ ..... u passages are deleted.
added. 41
Underlined passages are
OR
, 07 0 P. r 213
7 . 10 . 05 MOBILE HO~ES
In the AR-l, AG-l, AG-2.5 and AG-5 zoning districts, the Community
Development Dircctcr Administrator may authorize the installation
of a mobile home as an accessory use subject to the following
conditions:
1. Additional information requirements:
Proof that the land upon which the mobile home shall be
located is classified as agricultural land for purposes
of ad valorem tax assessment. Termination of this
assessment shall void the mobile home permit and
necessitate the immediate removal of the mobile home.
Criteria:
(2) The mobile home shall be placed on at least five (5)
acres of land and shall comply with all other
requirements of Section 7.04.0~_1, or qualify as a
nonconforming lot of record as defined under Section
10.00.04.
(3) The Community Development Director Administrator
shall determine that the mobile home is an accessory use,
pursuant to Section 8.00.00 of this Code.
7.10.07 COMMUNITY RESIDENTIAL HOMES
A. Community residential homes as defined in Chapter II shall be
a permitted use in the RM-5 Residential, Multiple-Family-5, RM-11
Residential, Multiple-Family-il, and Residential, Multiple-Family-
15 zoning districts subject to the following conditions:
When a site for a community residential home has been selected
by a sponsoring agency in a multiple-family zoning district,
the agency shall notify the County Administrator and Community
Development Dircctcr Administrator in writing and include in
the notice the specific address of the site, the residential
licensing category, the number of residents, and the community
support requirements of the program. 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 Health and
Rehabilitative Services District Administrator 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
~ .... '- ~ ..... ~ passages are
added.
deleted.
42
Underlined passages are
OR
. 071 0 lr 2135
is to be located. The Community Development Dircctcr
Administrator shall review the notification of the sponsoring
agency in accordance with applicable zoning requirements.
Pursuant to such review, the Community Development Dircct~r
Administrator may:
Fail to respond within sixty (60) days. If the Community
Development Dircctcr Administrator fails to respond
within such time, the sponsoring agency may establish the
home at the site selected.
The Community Development Dircctcr Administrator shall not
deny the siting of a community residential home unless the
Dircctor Administrator establishes that the siting of the home
at the site selected:
B. 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 Dircctcr Administrator 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
Dircctcr Administrator by notifying the County Administrator within
ten (10) days from the date of the Dircctcr Administrator's
decision. The County Administrator shall schedule the decision for
review by the Board of County Commissioners at the next available
meeting.
7.10.11 DISTANCE REQUIREMENTS FOR ALCOHOLIC BEVERAGES
C. WAIVER PROVISION FOR BUSINESS SELLING OR TRANSFERRING
ALCOHOLIC BEVERAGES AS AN ACCESSORY TO AN EATING PLACE
A request for waiver may be initiated by filing an application
in writing for such waiver with the Community Development
Dircctor Administrator.
The Community Developmentw~-~-~-~ ~v~ Administrator shall
schedule a public hearing before the Board of County
Commissioners in accordance with the requirements of Section
11.00.00 of this Code.
Before any action is taken upon any application as provided in
this section, the applicant shall deposit with the Community
Development Dircct~r Administrator, the sum of three hundred
dollars ($300.00) to cover the approximate cost of the
procedure and such sum is not refundable in any event.
..............u - passages are
added.
deleted.
43
Underlined passages are
1 I 2136
D. EXCEPTION
Provided, however, the distance restrictions set out in sections A,
B, C shall not apply to licenses when located within a hotel or
motel of one hundred (100) rooms or more with restaurants with a
minlmum seating capacity of two hundred (200) containing a minimum
of four thousand (4,000) square feet.
7.10.14 RESTRICTIONS ON ~RAVY VEHICr.RS IN RESIDENTIAL DISTRICTS
C®
INDUSTRIAL EQUIPMENT PROHIBITED OR RESTRICTED IN RESIDENTIAL
DISTRICTS·
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 (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.
2~
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, 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.
3~
Exempt from the foregoing provisions are items of industrial
equipment in actual use or moving directly to or from the
location of actual use:
~ .... u ~ ..... ~ passages are deleted.
added. 44
.07 0 137
Underlined passages are
(a)
Owned or leased by the County, the City of Fort Pierce,
City of Port St. Lucie, St. Lucie Village or the State of
Florida for the accomplishment of a governmental purpose
such as tree tr(mm(nq, road repair or construction, water
or sewerage system repair or construction, maintenance of
street and traffic lights and/or similar activities.
(b)
Owned or leased by a contractor or subcontractor under
aqreement with the City or County to accomplish a county
purpose as provided above.
Ce
Owned or leased by a recognized public utility operating
within the unincorporated areas of the County or by a
contractor or subcontractor under aqreement with such
public utility for the accomplishment of some
installation maintenance, adjustment and/or repair to
such public utility.
D__=. Extension of Parking Restrictions
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 l(m(ts set forth in this Section up to
but not exceeding twenty-four (24) hours upon establishing that
such perm(t 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.
7.10.15
SECORITY GATEHOUSE AND ACCESS CONTROL DEVICES
B. The construction of any gatehouse shall be in accordance with
all applicable provisions of this Code, including but not limited
to the requirements of Section 7.04.00, Section ll.05.00(permits)
and Sections 13.0~9.00 through 13.05.00.
7.10.16 RECREATIONAL VEHICLE PARKS
B. LAND USE COMPATIBILITY
No new Recreational Vehicle Park may be located in any Future Land
Use District other than Commercial (COM), or as permitted in the
Mi (MXD) iq ti ~- ~ ..... ~ ~-~ 1 i
xed Use Des na on. -- -"" - .......... Un ess otherw se
addressed in this Code, any Recreational Vehicle Park located in
~ ~ Desiqnation shall be considered a
any other Land Use Di=~ric_
nonconforming use.
Q. PERMITTED ADDITIONS TO RECREATIONAL VEHICLES AND TRAVEL
TRAILERS
............. ~.. passages are deleted.
added. 45
Underlined passages are
PA [2138
Additions to recreational vehicles and travel trailers
located in any Recreational Vehicle Park existing on or before
August 1, 1990, shall be permitted subject to the following
requirements:
No Florida room, screen room, wood deck, or new roof
shall be erected unless a permit has been obtained from
the Community Development Dircctor Administrator.
Plans for Florida rooms, screen rooms, wood decks, and
new roofs shall be submitted to the Community Development
Dircctcr Administrator for approval. Plans must carry
the seal of a registered Florida architect or engineer
and must be accompanied by an affidavit from the
architect or engineer stating that the structure meets or
exceeds Standard Building Code requirements. Preapproved
Master Plans may be utilized.
The space between tipouts may be enclosed provided that
the addition does not encroach into any required setback
and there is at least one exterior opening directly to
the outside without passing through the vehicle. If two
(2) doors or an emergency exit window of the vehicle are
enclosed, an additional exterior door shall be installed.
The exterior door shall not be less than twenty-eight
(28") inches in width and six (6') feet two (2") inches
in height. A permit must be obtained from the Community
Development----."=--A--~A--~--.~. Administrator prior to enclosure of
the space between tipouts.
Upon obtaining a permit from the Community Development
Dircctor Administrator, an existing roof may be replaced
or a second roof may be erected above the existing roof.
Alteration of the contour of the roof is permissible at
this time. In addition, the new roof may be extended to
form the roof of a screen room on one side of the
vehicle. However, no other structures may be attached to
the new roof. If a roof is erected above an existing
roof, there shall be a clearance of not less than
eighteen (18") inches in a vertical direction above the
top of any fuel burning appliance vent or plumbing vent
extending through the roof and not less than six (6)
inches in a horizontal direction from each side of the
recreational vehicle or travel trailer. A ventilating
opening shall be installed at the highest point in a roof
erected above an existing roof to relieve products of
combustion from vents or ducts of fuel burning equipment.
Vent openings shall have a minimum cross-sectional area
of twenty-eight (28) square inches. Chimneys or vents of
appliances burning solid or liquid fuel shall extend
through the surface of the roof erected over the original
~ ' ~ ~ deleted
.......... passages
- ............ - -u are .
added. 46
Underlined passages are
i 39
roof and terminate in an approved roof jack and cap. Ail
other venting shall extend through the surface of the
roof erected over the original roof.
Additions to recreational vehicles and travel trailers
located in any Recreational Vehicle Park created after August
1, 1990, shall be permitted subject to the following
requirements:
e®
No Florida room, screen room, wood deck, or new roof
shall be erected unless a permit has been obtained from
the Community Development Dircctcr Administrator.
Plans for Florida rooms, screen rooms, wood decks, and
new roofs shall be submitted to the Community Development
Dircctcr Administrator for approval. Plans must carry
the seal of a registered Florida architect or engineer
and must be accompanied by an affidavit from the
architect or engineer stating that the structure meets or
exceeds Standard Building Code requirements. Pr.approved
Master Plans may be utilized.
ge
The space between tipouts may be enclosed provided that
the addition does not encroach into any required setback
and there is at least one exterior opening directly to
the outside without passing through the vehicle. If two
(2) doors or an emergency exit window of the vehicle are
enclosed, an additional exterior door shall be installed.
The exterior door shall not be less than twenty-eight
(28") inches in width and six (6') feet two (2") inches
in height. A permit must be obtained from the Community
Development Dircctcr Administrator prior to enclosure of
the space between tipouts.
Upon obtaining a permit from the Community Development
Dircctor Administrator, an existing roof may be replaced
or a second roof may be erected above the existing roof.
Alteration of the contour of the roof is permissible at
this time. In addition, the new roof may be extended to
form the roof of a screen room on one side of the
vehicle. However, no other structures may be attached to
the new roof. If a roof is erected above an existing
roof, there shall be a clearance of not less than
eighteen (18") inches in a vertical direction above the
top of any fuel burning appliance vent or plumbing vent
extending through the roof and not less than six (6")
inches in a horizontal direction from each side of the
recreational vehicle or travel trailer. A ventilating
opening shall be installed at the highest point in a roof
erected above an existing roof to relieve products of
combustion from vents or ducts of fuel burning equipment.
~ .... u ~ ..... ~ passages are
added. 47
Underlined passages are
." "0740 i 40
Vent openings shall have a minimum cross-sectional area
of twenty-eight (28) square inches. Chimneys or vents of
appliances burning solid or liquid fuel shall extend
through the surface of the roof erected over the original
roof and terminate in an approved roof jack and cap. All
other venting shall extend through the surface of the
roof erected over the original roof.
7.10.18 AIRPORT INDUSTRIAL PARK - SPECIAL REGULATIONS
D. GENERAL PROVISIONS
No building permit or construction authorization shall be
issued for any building or structure in the Airport
Industrial Park until construction plans have been reviewed
and approved by the St. Lucie County Port and Airport
Authority. These plans should indicate the physical appearance
of the proposed structure including an identification of all
exterior coverings and/or painting schemes to be used. The
purpose of this review is to maintain a harmony of external
design and provide a visually appealing development.
Structural review shall be conducted by the St. Lucie County
Community Development Dircctor Administrator, following
standard permit review procedures·
ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any
person, firm or corporation violating or attempting to violate any
covenant, either to restrain violations or to recover damages. The
provisions of this resolution may also be enforced and administered
through the Office of the St. Lucie County Community Development
Dircctor Administrator. Violation of the Protective Covenants
may result in enforcement proceedings before the St. Lucie County
Code Enforcement Board.
8.00.04 F~CES, W~T.T.S, AND HEDGES
Fences, walls, and hedges are permitted, as follows:
A In residential zoning districts - = .......... ~ ~A ~___~A~
...... a a
maximum of four (4') feet in height, may be located in a front
yard· A fence, a maximum of six (6') feet in height, may be
located in any other yard. If a residential lot adjoins a
non-residentially zoned lot, fence height may be increased to a
maximum of eight (8') feet along the adjoining lot lines·
B. In non-residential
o~ .... ,, ~ ..... ~ passages
added·
are deleted.
48
Underlined passages are
OR
eK07 O I:'. E2 1 q. I,
fence, a maximum of eight (8') feet in height, may be located
anywhere else on the lot.
9.01.01 PERMITTED PERMANENT SIGNS
A. AGRICULTURAL - 1 (AG-l); AGRICULTURAL - 2.5 (AG-2.5);
AGRICULTURAL - 5 (AG-5)
Off-premises signs not to be spaced less than a radius of
fift ( 500') f -- ~ ..... '~- -~ ~-
een hundred 1, eet apart_. ............ ~ ........
9.01.02 AUTHORIZED TEMPORARY SIGNS
A. REAL ESTATE SIGNS NOT REQUIRING PERMITS:
Shall not exceed the following maximum sign areas in square
feet by zoning district and parcel size:
District
Parcel Size
One (1) acre Greater than
or less one (1) acre
Residential/Conservation (R/C) 6
Agricultural, Residential (AR-i) 6
Residential, Estate-1 (RE-l) 6
Residential, Estate-2 (RE-2) 6
Residential, Single-Family-2 (RS-2) 6
Residential, Single-Family-3 (RS-3) 6
Residential, Single-Family-4 (RS-4) 6
Residential, Mobile Home-5 (RMH-5) 16
Residential, Multiple-Family-5 (RM-5) 16
Residential, Multiple-Family-7 (RM-7) 16
Residential, Multiple-Family-9 (RM-9) 16
Residential, Multiple-Family-il (RM-11) 16
Residential, Multiple-Family-15 (RM-15) 16
Commercial, Neighborhood (CN) 16
Commercial, Office (CO) 16
Commercial, General (CG) 32
Industrial
, ...., (IL) and (IH) 32
Industrial, Extraction (IX) 32
Agricultural-1 (AG-l) 6
Agricultural-2.5 (AG-2.5) 6
Agricultural-5 (AG-5) 6
Utilities (U) 6
Institutional (I) 6
Recreational Vehicle Park (RVP) 6
Planned Unit Development (PUD) 6
Planned Nonresidential Development (PNRD) 6
Hutchinson Island Residential District (HIRD)6
Religious Facilities (RF) 6
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
32
32
32
32
32
32
32
32
16
16
32
16
16
Struck through passages are deleted.
added. 49
Underlined passages are
OR
, 07t O
B. CONSTRUCTION PROJECT SIGNS REQUIRING PERMITS:
Shall not exceed the following maximum sign areas by Zoning
District:
District
Square Feet
Residential/Conservation 12
Agricultural, Residential (AR-i) 12
Residential, Estate-1 (RE-l) 12
Residential, Estate-2 (RE-2) 12
Residential, Single-Family-2 (RS-2) 12
Residential, Single-Family-3 (RS-3) 12
Residential, Single-Family-4 (RS-4) 12
Residential, Mobile Home-5 (RMH-5) 32
Residential, Multiple-Family-5 (RM-5) 32
Residential, Multiple-Family-7 (RM-7) 32
Residential, Multiple-Family-9 (RM-9) 32
Residential, Multiple-Family-il (RM-11) 32
Residential, Multiple-Family-15 (RM-15) 32
Commercial, Neighborhood (CN) 32
Commercial, Office (CO) 32
Commercial, General (CG) 64
Industrial ~ .... , (IL) and (IH) 64
Industrial, Extraction (IX) 64
Agricultural-1 (AG-l) 64
Agricultural-2.5 (AG-2.5) 64
Agricultural-5 (AG-5) 64
Utilities (U) 64
Institutional (I) 32
Recreational Vehicle Park (RVP) 32
Planned Unit Development (PUD) 32
Planned Nonresidential Development (PNRD) 32
Hutchinson Island Residential District (HIRD) 32
Religious Facilities (RF) 12
9.02.01 ON PREMISES SIGNS
B. MANSARD AND MARQUEE SIGNS
Mansard and marquee signs shall conform to Wall Sign provisions,
Section 9.02.01 ~-B+(A).
10.01.01GENEl~T.T.Y
A. AUTHORITY
The Board of Adjustment shall have authority to grant variances
from the dimensional requirements of Chapter 3 or Section~ 7.03.00
and 7.04.00 in accordance with the standards and procedures set
forth in this section.
~ ....- '- through passages are deleted.
added. 50
Underlined passages are
OR
8KO 7 0 PAGE
10.01.04 PROCEDURES FOR APPLICATION
A. APPLICATION
An application for a variance shall be filed with the Community
Development Dircctor Administrator, accompanied by a non-refundable
fee, as established from time to time by the Board of County
Commissioners to defray the actual cost of processing the
application. The application shall be in such form and shall
contain such information and documentation as shall be prescribed
from time to time by the Dircctcr Administrator and shall contain
at least the following:
B. FILING AN APPLICATION FOR APPROVAL OF A VARIANCE
Within twenty (20) days after an application for approval of a
variance is submitted, the Community Development Dircct~r
Administrator shall determine whether the application is complete.
If the Dircctor Administrator determines that the application is
not complete, he shall send a written statement specifying the
application's deficiencies to the applicant by mail. The
Dircctor Administrator shall take no further action on the
application unless the deficiencies are remedied.
C. REVIEW OF THE APPLICATION
1. Review by the Community Development Dircctcr Administrator
When the ~ ...... ... ~... _-~A..A. ~ --~ ..... ...~. ~W--n~--A--~A--* ----. V~ Administrator
determines an application for approval of a variance is
complete, he shall review the application, make a
recommendation, and submit it to the Board of Adjustment.
2. Review by the Airport Director and the FDOT
If the variance is sought to erect or increase the height
of any structure, to permit the growth of any tree, or
to use property in the Airport Zones established in
Section 4.00.00, the Community Development Dircctcr
Administrator shall determine whether the application for
approval of a variance is complete. Once the application
is complete, the Dircctor Administrator shall furnish a
copy of the application to the St. Lucie County Airport
Director and to the Florida Department of Transportation
Aviation Office, 605 Suwanee Street, MS-46, Tallahassee,
Florida, within ten (10) days of the determination of
completeness for advice as to the aeronautical effects of
the variance.
Upon receipt of the comments of the Airport Director and
the FDOT, the Community Development Dircctcr
............. ~.. passages are deleted.
added. 51
Underlined passages are
OR
Administrator shall review the application, make a
recommendation, and submit it to the Board of Adjustment.
If the Airport Director does not respond to the
application within fifteen (15) days and the Department
of Transportation does not respond within forty-five (45)
days after receipt, the Dircctor Administrator shall
review the application, make a recommendation, and submit
it to the Board of Adjustment.
10.01.05 ACTION OF BOARDOFADJUSTMENT
D. The decision of the Board of Adjustment shall be mailed to
the petitioner and filed with the Office of the Community
Development Dircct=r Administrator in accordance with Section
ll.00.04TIF1.
10.01.07 ADMINISTRATIVE VArIAnCES TO CONSTRUCT AN ACCESSORY
AGRICULTURAL STRUCTURE
A. APPLICATION PROCEDURES
A person desiring to construct an accessory agricultural
structure on a parcel lacking frontage shall apply for a
variance on a form provided by the Community Development
w~--A--~A--~. ~ ~. Administrator .
2. An application fee in accordance with Section 11.12.00.
The application shall be in such form and contain such
information and documentation as shall be prescribed from time
to time by the Community Development Dircctcr Administrator,
but shall contain at least the following:
Within a reasonable period of time not to exceed thirty (30)
days after receipt of an application or receipt of additional
information pursuant to this Section, the Community
Development Dircct~r Administrator shall examine the
application or information and notify the applicant of any
apparent errors or omissions, and request such additional
information as may be necessary for the processing of the
application.
Within thirty (30) working days after an application has been
determined to be complete, the Community Development Dircctor
Administrator shall either grant the variance or deny the
variance, with reasons clearly stated.
Any person aggrieved by a decision of the Community
Development Dircct=r Administrator may within thirty (30) days
after the rendition of such decision appeal to the Board of
~ .... '- ~ ..... ~ passages are deleted.
added· 52
Underlined passages are
7 0 1
Adjustment pursuant to procedures set forth in Section
11.11.00 of this Code.
B. GENERAL STANDARDS FOR ISSUANCE
The Community Development Dircctor Administrator shall grant the
requested variance if all of the following standards are
satisfied:
10.01.10 SPECIAL PROVISIONS W~RRE VARIANCE IS
REQUIREMENTS OF FLOOD DAMAGE PREVENTION
SOUGB~ TO
A. GENERALLY
The Board of Adjustment shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or
determination made by the Community Development Director
Administrator in the enforcement or administration of Section
6.05.00.
B. APPLICATION PROCEDURES
A person desiring a variance from the requirements of Section
6.05.00, Flood Damage Prevention shall apply for a variance on
a form provided by the Community Development Dircct=r
Administrator.
0
The application shall be in such form and contain such
information and documentation as shall be prescribed from time
to time by the Community Development Dircctcr Administrator,
but shall contain at least the following:
Within a reasonable period of time not to exceed thirty (30)
days after receipt of an application or receipt of additional
information pursuant to this Section, the Community
Development Dircct=r Administrator shall examine the
application or information and notify the applicant of any
apparent errors or omissions, and request such additional
information as may be necessary for the processing of the
application.
Within thirty (30) working days after an application has been
determined to be complete by the Community Development
Dircctcr Administrator, he shall review the application, make
a recommendation, and submit it to the Board of Adjustment.
0
The decision of the Board of Adjustment shall be mailed to
the petitioner and filed with the Office of the Community
Development Dircct=r Administrator in accordance with Section
ll.00.04F.
~ .... '- ~ ..... ~ passages are deleted.
added· 53
Underlined passages are
OR
7 0 P%GE2 I 6
11.
The Community Development Dircctor Administrator shall
maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon
request.
10.01.11 VARIANCES FROM RIVERINESHORELINEPROTECTIONREGULATIONS
1. Vegetative Buffer Variance
The Community Development Dircctcr Administrator may approve
a variance to the minimum fifty (50') foot vegetation buffers
required in Section 6.02.02 along the Indian River Lagoon or
other river or creek, excluding the St. Lucie River and its
tributaries, provided that no such variance shall permit a
vegetation buffer of less than forty (40') feet.
2. Variances Along the St. Lucie River System
The Community Development Dircctcr Administrator may approve
a variance of a maximum of ten (10') feet in the boundaries of
Zones A and B along the St. Lucie River and its tributaries,
as required in Section 6.02.02TIB1.
3. Major Variances
A variance of greater than ten (10') feet as permitted by
paragraphs 1 and 2 above may only be granted by the Board of
County Commissioners. Such a request for a variance may only
be initiated by filing a written request with the County
Administrator, or designee. Upon receipt of the request and
within a reasonable period of time, a public hearing shall be
scheduled before the Board. The public hearing shall be
subject to the formal notice and advertisement requirements
set out in Sections 11.0~9.0~ and ll.04.0~A. The Community
Development Dircctor Administrator shall be required to submit
a report to the Board on such a request including a
recommendation for or against the requested vegetation buffer,
based on applicable zoning or site data, the purposes listed
in the introduction of this Section, and any other applicable
information.
11.00.03 NOTICE
D__~. MAIL
Amendments and Applications That Affect Less than Five (5%)
Percent of Land
In addition to publication requirements in Section
ll.00.03T~BI, in the case of a public hearing regarding
an amendment to the Official Zoning Atlas that applies to
~- ....... passages
added.
are deleted.
54
Underlined passages are
7 0 PAIl['2 ! 7
less than five (5%) percent of the land in the
unincorporated area of the County, applications for
Planned Developments, applications for conditional use
approval, applications for variances, and applications
requesting a Class A Mobile Home be defined as a detached
single-family dwelling unit, notice shall also be
provided by the Community Development Dircct~r
Administrator by mail to all property owners who own real
property directly affected by the proposed action and
whose address is known by reference to the latest
approved ad valorem tax roll, and to all property owners
who own real property within five hundred (500') feet of
the property directly affected by the proposed action
whose address is known by reference to the latest ad
valorem tax rolls. Notification shall be mailed not more
than thirty (30) days nor less than fifteen (15) days
before the date of the hearing.
In the case of amendments to the Official Zoning Atlas
which have been initiated by the Board of County
Commissioners or its designee and affect less than five
(5) percent of the total land area in the unincorporated
area of the County, notice shall also be provided by the
Community Development Dircct=r Administrator by mail to
each real property owner whose land is the subject of the
proposed amendment and whose address is known by
reference to the latest approved ad valorem tax roll.
Such notice shall be mailed at least thirty (30) days
before the date of the hearing.
E_~. POSTING OF NOTICE
After an application has been filed for an amendment to the
Official Zoning Atlas, for a Planned Development, for
conditional use approval, for a major adjustment to a
conditional use, for a variance or requesting a Class A Mobile
Home to be defined as a detached single-family dwelling unit,
~ .... tv~ Administrator shall post a
the Community Development ~= .....
sign or signs on the property concerned. The sign or signs
shall not be less than ten (10) square feet in size and
located where, in the judgment of the Dircctor Administrator,
the sign or signs would be in the most conspicuous place to
the passing public. Each sign shall contain the following
information:
Present zoning and requested rezoning classification, if
applicable;
b. Conditional use information, if applicable;
c. Class A Mobile Home information, if applicable;
....... u-- passages
added.
are deleted.
55
Underlined passages are
7 0 Pm2 I 8
d. Variance information, if applicable; and
e. Dates of scheduled hearings.
The sign or signs shall be posted not less than fifteen (15)
days prior to the public hearing. The Dircct=r Administrator
will only be responsible for erection of the sign or signs.
The Community Development Dircctor Administrator shall also
provide a signed affidavit stating that the notice was posted
at the initiation of the advertising period. Failure to
maintain a conspicuous notice on the property shall not
affect any change or amendment of said Code.
11.00.04 HEARING PROCEDURES
A. SETTING THE HEARING
When the Community Development Dircctcr Administrator determines
that an application for an amendment to the Official Zoning Atlas,
an application for an amendment to the text of this Code, an
application for a Planned Development, an application for
conditional use approval, an application for a major adjustment to
a conditional use, an application requesting a Class A Mobile Home
be defined as a detached single-family dwelling unit, or an
application for a variance is completed, or that a petition for an
administrative appeal has been filed and is complete, the Dircctor
Administrator shall notify the appropriate decision making body so
a public hearing may be set and notice given in accordance with the
provisions of this Code.
D~ RECORD OF THE HEARING
The transcript of testimony, when and if available, the
minutes of the Secretary, all applications, exhibits,
documents, materials, and papers submitted in any proceeding
before the decision-making body, the report of the Community
Development Dircctor Administrator and the decision and report
of the decision-making body shall constitute the record.
The body conducting the hearing shall record the proceedings
by any appropriate means; upon request of any person to the
Community Development Dircct=r Administrator and payment of a
fee to cover the cost of transcription, the record may be
transcribed and a copy provided to that person. If a sound
recording is made, any person shall be entitled to listen to
the recording at any reasonable time, or make copies at his
own expense, at the Department of Community Development.
Struck through passages are deleted.
added. 56
Underlined passages are
OR
0 lrf2 i 9"
11.01.04 POST-DEVELOPMENT ORDER CHANGES
After a Preliminary or Final Development Order has been issued, it
shall be unlawful to change, modify, alter, or otherwise deviate
from the terms or conditions of the permit without first obtaining
a modification of the Preliminary or Final Development Order. A
modification may be applied for in the same manner as the original
Preliminary or Final Development Order. A written record of the
modification shall be entered upon the original Preliminary or
Final Development Order and maintained in the files of the
Community Development Dircctcr Administrator.
11.02.01 PIlE-APPLICATION CONFERENCE
A. Prior to filing for site plan review, the applicant is
encouraged to meet with the Community Development Dircctcr
Administrator to discuss the development review process and to be
informed of which staff members to confer with about the
application.
11.02.02
DESIGNATION OF MINOR SITE PLAN, MAJOR SITE PLAN, OR
PLANNED DEVELOPMENT SITE PLAN
E. DEVELOPMENTS OF REGIONAL IMPACT
Application for a binding letter of determination from
Department of Community Affairs required.
The development is between a presumptive numerical
threshold and twenty (20%) percent below the numerical
threshold, and St. Lucie County is in doubt as to whether
the character or magnitude of the development at the
proposed location creates a likelihood that the
development will have a substantial effect on the health,
safety or welfare of the citizens of more than one (1)
county.
(1) In the event that a development is between a
presumptive numerical threshold and twenty (20%) percent
below the numerical threshold, the developer shall submit
a request in writing to the Community Development
Dircctor Administrator for a determination as to whether
or not St. Lucie County will require that an application
for a binding letter of interpretation will be required
to be submitted in regard to such development. The
procedure for processing such requests in St. Lucie
County shall be as follows:
(2) Within thirty (30) days after receipt of the
developer's written request, the Community Development
Dircctor Administrator shall make a determination in
~ .... '- ~ ..... ~ passages are deleted.
added. 57
Underlined passages are
?b,O 2150
writing as to whether the County will require that the
developer submit an application for a binding letter of
interpretation. The Dircctcr Administrator shall provide
by mail (certified, return receipt) or hand delivery,
copies of the written determination to the developer and
to the Board of County Commissioners. Any person may
appeal the determination of the Dircctor Administrator to
the Board of County Commissioners by filing a written
notice of intent to appeal with the County Administrator
within fifteen (15) days of the date of receipt of the
Dircctcr'= Administrator's written determination.
11.02.03 REVIEW OFAPPLICATIONS FOR MINOR SITE PLANS
A. GENERAL PROCEDURES
An application for a Minor Site Plan shall be submitted to the
Community Development Dircctcr Administrator in a form
established by the Dircctcr Administrator along with an
applicable fee as established in Section 11.12.00.
Within twenty (20) working days of receipt of the Site Plan,
the Dircctcr Administrator shall:
After the completion of the review by the Development Review
Committee, the Chairman of the Development Review Committee
shall:
Recommend that the Community Development Dircctor
Administrator determine that the application complies
with the standards of Section 11.02.07; or
b®
Inform the applicant and the Community Development
Dircctcr Administrator in writing of the deficiencies of
the application.
The applicant shall notify the Community Development Dircct=r
Administrator within thirty (30) working days of this notice
of deficiency of his intent to address the cited deficiencies.
The applicant shall have a maximum of 120 days to respond to
the cited deficiencies without payment of any additional
processing fee. Upon the applicant's response to the cited
deficiencies the revised application shall be reviewed by the
Development Review Committee pursuant to Section 11.02.03.A.3
and 4. If the applicant fails to respond to the cited
deficiencies within 120 days, the applicant must thereafter
reinitiate the review process and pay an additional fee, as
identified in Section 11.12.00 of this Code.
5. Approval Procedure for Ail Minor Site Plans:
added.
passages are deleted·
58
Underlined passages are
a®
The Community Development Dircctor Administrator shall,
within five working days following the receipt of the
recommendation of the Development Review Committee, issue
a decision approving, approving with conditions, or
denying the application based upon the requirements of
this Code.
B. APPEALS
Any final action by the Community Development Dircctcr
Administrator in accordance with this Section may be appealed to
the Board of~cun.--~z ~--~""~~--.----~--~-- ..... Adjustment in accordance with the
provisions of Section ll.ll.0~l(B)(3).
C. MINOR ADJUSTMENT TO MINOR DEVELOPMENT SITE PLANS
The Community Development Dircct=r Administrator may authorize
minor adjustments to the approved Minor Site Plan. Such minor
adjustments shall be consistent with the intent and purpose of the
St. Lucie County Comprehensive Plan, the standards and requirements
of this Code, and the development as approved, and shall be the
minimum necessary to overcome the particular difficulty. Such
minor adjustments shall be limited to the following:
D. MAJOR ADJUSTMENTS TO MINOR SITE PLANS
Any other adjustment to an approvedminor site plan shall require
approval by the Community Development Dircctor Administrator
pursuant to the procedures and standards of this Section.
11.02.04 REVIEW OFAPPLICATIONS FOR MAJOR SIT]~ PLANS
A. GENERAL PROCEDURES
An application for a Major Site Plan shall be submitted to the
Community Development Dircctcr Administrator in a form
established by the Dircctcr Administrator along with an
applicable fee as established in Section 11.12.00.
Within twenty (20) working days of receipt of the Site Plan,
the Dircctcr Administrator shall:
After the completion of the review by the Development Review
Committee, the Chairman of the Development Review Committee
shall:
Recommend that the Community Development Dircctor
Administrator determine that the application complies
with the standards of Section 11.02.07;
°~-'.~'-u through passages
added.
are deleted.
59
Underlined passages are
OR
7 0 PAGE2 I 5
Inform the applicant and the Community Development
Dircctor Administrator in writing of the deficiencies of
the application.
The applicant shall notify the Community Development
Dircctor Administrator within thirty (30) working days of
this notice of deficiency of his intent to address the
cited deficiencies. The applicant shall have a maximum
of 120 days to respond to the cited deficiencies without
payment of any additional processing fee. Upon the
applicant's response to the cited deficiencies the
revised application shall be reviewed by the Development
Review Committee pursuant to Section ll.02.03TIAITI31 and
4. If the applicant fails to respond to the cited
deficiencies within 120 days the applicant must
thereafter reinitiate the review process and pay an
additional fee, as identified in Section 11.12.00 of this
Code.
The Chairman of the Development Review Committee shall notify
the Community Development Dircct~r Administrator that the Site
Plan is ready for presentation to the Board of County
Commissioners and request that this application for major
site plan approval be placed on the next available regular
County Commission agenda.
The Chairman of the Development Review Committee shall issue
a written report to the Community Development Dircct=r
Administrator setting forth findings and conclusions
supporting a recommendation to the Board of County
Commissioners for approval, approval with conditions, or
denial of the Site Plan.
The Community Development Dircct=r Administrator shall issue
a report to the Board of County Commissioners citing the
recommendations of the Development Review Committee and
provide a recommendation of approval, approval with conditions
or denial of the site plan.
The Board of County Commissioners shall consider the Site Plan
at a regularly scheduled public meeting. In reviewing the
application for site plan approval, the Board of County
Commissioners shall consider the report of the Community
Development Dircctcr Administrator and shall determine whether
the proposed development specified in the application meets
the provisions of this Code, and in particular the standards
and criteria of Section 11.02.09; the St. Lucie County
Comprehensive Plan; and any other applicable County
ordinances. Within a reasonable time of the conclusion of its
review, the Board of County Commissioners will approve,
approve with conditions or deny the application. The decision
~ .... " ~ ..... ~ passages are deleted
added· 60
Underlined passages are
0 7 0 Ii[2 1 5 3
on the application shall be by resolution setting forth the
findings of the Board of County Commissioners and any
condition, limitation, or requirement of such decision.
C. MINOR ADJUSTMENT TO MAJOR SITE PLANS
The Community Development Dircctor Administrator may authorize
minor adjustments to the approved Major Site Plan. Such minor
adjustments shall be consistent with the intent and purpose of
the St. Lucie County Comprehensive Plan, the standards and
requirements of this Code, and the development as approved,
and shall be the minimum necessary to overcome the particular
difficulty. Such minor adjustments shall be limited to the
following:
11.02.05 REVIEW OF APPLICATIONS FOR PRELIMINARY AND FINAL SITE
PLANS FOR PLANNED DEVELOPMENTS
A. REVIEW OF PRELIMINARY SITE PLANS
An application for a Preliminary and Final Site Plan shall be
submitted to the Community Development Dircctor Administrator
in a form established by the Dircctor Administrator along with
an applicable free as established in Section 11.12.00.
Within twenty (20) working days of receipt of a Preliminary
Site Plan, the Dircctcr Administrator shall:
After the completion of the review by the Development Review
Committee, the Chairman of the Development Review Committee
shall:
a. Recommend that the Community Development Dircctor
Administrator determine that the application
with the standards of Section 11.02.07; or
complies
Inform the Community Development Dircctor Administrator
in writing of the deficiencies of the application.
The applicant shall notify the Community Development Dircct=r
Administrator within thirty (30) working days of this notice
of deficiency of his intent to address the cited deficiencies.
The applicant shall have a maximum of 120 days to respond to
the cited deficiencies without payment of any additional
processing fee. Upon the applicant's response to the cited
deficiencies the revised application shall be reviewed by the
Development Review Committee pursuant to Section
ll.02.03TIAIT~31 and 141- If the applicant fails to respond
to the cited deficiencies within 120 days, the applicant must
thereafter reinitiate the review process and pay an additional
fee, as identified in Section 11.12.00 of this Code.
...... ~.. passages
added.
are deleted.
61
Underlined passages are
0
11.
12.
Be
The Chairman of the Development Review Committee shall notify
the Community Development _ircc_or Administrator that the Site
Plan is ready for presentation to the Planning and Zoning
Commission.
The Development Review Committee shall issue a written report
to the Community Development Dircctor Administrator setting
forth findings and conclusions supporting a recommendation to
the Planning and Zoning Commission for approval, approval with
conditions, or denial of the Preliminary Site Plan.
Upon notification from the Development Review Committee that
the Preliminary Site Plan is complete, the Community
Development Dircctor Administrator shall place the application
for preliminary site plan approval on the next Planning and
Zoning Commission agenda in accordance with the procedures set
out in Section 11.00.03.
The Community Development Dircctor Administrator shall issue
a written report to the Planning and Zoning Commission citing
the recommendations of the Development Review Committee and
provide a recommendation of approval, approval with conditions
or denial of the Site Plan.
The Board of County Commissioners shall consider the
Preliminary Site Plan at a scheduled public hearing in
accordance with the requirements of Section 11.00.03. The
public hearing held on the application shall be in accordance
with Section 11.00.04. In making a decision on the
application, the Board of County Commissioners shall consider
the recommendations of the Planning and Zoning Commission and
the Community Development Dircctcr Administrator and the
standards specified in Section 11.02.07.
Within a reasonable time of the conclusion of the public
hearing, the Board of County Commissioners will approve,
approve with conditions or deny the application or will direct
the Community Development Dircctor Administrator to issue a
Preliminary Site Plan approval, with such conditions as may be
necessary.
REVIEW OF FINAL SITE PLANS
The applicant shall submit a Final Site Plan and supporting
documentation for review prior to the expiration of the
Preliminary Development Order in a form established by the
Community Development Dircctor Administrator.
Within twenty (20) working days of receipt of the Final Site
Plan, the Community Development Dircct=r Administrator shall:
~.--"-u through passages
added·
are deleted.
62
Underlined passages are
oR
P%r 2155
The Community Development Dircctcr Administrator shall review
the Final Site Plan and determine whether the proposal is in
substantial conformity with the approved Preliminary Site Plan
within twenty (20) working days.
Once a determination of conformity is made, the Community
Development Dircctcr Administrator shall place the application
for Final Site Plan approval on the Board of County
Commissioners agenda in accordance with the procedures set out
in Section 11.00.03.
The Community Development Dircctcr Administrator shall issue
a written report setting forth findings and conclusions
supporting a recommendation to the Board of County
Commissioners for approval, approval with conditions, or
denial of the Final Site Plan.
After the review and recommendation of the Community
Development Dircctor Administrator, the Board of County
Commissioners shall conduct a public hearing on the Final Site
Plan to determine whether it is in substantial conformity with
the approved Preliminary Site Plan. The public hearing shall
be in accordance with the procedural requirements of this
Chapter. If the Board of County Commissioners determines that
the Final Site Plan is in substantial conformity with the
approved Preliminary Site Plan, it will direct the Community
Development--~--A--~A----. ~-- .--. Administrator to issue a Final
Development Order, with such conditions as may be necessary.
If the Board of County Commissioners determines that the Final
Site Plan is not in substantial conformity with the approved
Preliminary Site Plan, it shall deny the Final Site Plan.
®
Notification of the Board of County Commissioners' decision
shall be mailed to all parties and filed with the Community
Development----.--~V~"~--A--~A-- Administrator, in accordance with Section
ll.00.04TiGI.
10.
Upon approval of the Final Site Plan, the Board of County
Commissioners shall direct the Community Development Dircct=r
Administrator to amend the Official Zoning Atlas to reflect
Planned Unit Development (PUD) or Planned Non-Residential
Development (PNRD) zoning for the approved development.
E~ MINOR ADJUSTMENTS
The Community Development Dircctcr Administrator may authorize
minor adjustments to an approved Final Planned Development Site
Plan. Such minor adjustments shall be consistent with the intent
and purpose of the St. Lucie County Comprehensive Plan, the
standards and requirements of this Code, and the development as
approved, and shall be the minimum necessary to overcome the
~ .... u through passages
added·
are deleted.
63
Underlined passages are
.o 0 7 0 1 5 6
particular difficulty. Such minor adjustments shall be limited to
the following=
F. MAJOR ADJUSTMENTS
If the Board of County Commissioners determines that the major
adjustments are not in substantial conformity with the
original approval, then it shall refer the request to the
Community Development Dircctor Administrator for initiation of
a new Preliminary Site Plan, in accordance with the provisions
of Section 11.02.05TIA1 of this Code.
11.02.06 EXPIRATION OF FINAL SITE PLAN APPROVAL
B. SITE PLAN EXTENSIONS
1. Minor Site Plan Extensions
Notwithstanding the other provisions of this Code, a
Minor Site Plan approval may be extended by the Community
Development Dircctcr Administrator, for periods of up to
twelve (12) months, from its date of expiration. Any
request for site plan extension shall be submitted in
writing to the Dircctcr Administrator at least two weeks
prior to the date of site plan expiration. All requests
for site plan extension shall be accompanied by a
complete explanation of the reasons that the site plan
extension is necessary.
Major Site Plan Extensions
11.02.08
Notwithstanding the other provisions of this Code, a
Major Site Plan approval may be extended by the Board of
County Commissioners, for periods of up to twelve (12)
months, from its date of expiration. Any request for
site plan extension shall be submitted in writing to the
Community Development Dircctor Administrator at least two
weeks prior to the date of site plan expiration. All
requests for site plan extension shall be accompanied by
a complete explanation of the reasons that the site plan
extension is necessary.
CONDITIONS ON SITE PLAN APPROVAL
F. PROJECTS REQUIRING OTHER REGULATORY APPROVAL
The Board of County Commissioners may approve a site plan
conditioned upon receiving notice of either issuance of or
intent to issue any required regulatory permit if it can
make, on a tentative basis and subject to confirmation, the
findings required in Section ll.02.09!TIEI. A site plan
~ .... ~ ~ ~h passages are deleted.
added· 64
Underlined passages are
OR
8, 07 PAGE2 157
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 site plan approval based solely upon
an inability to confirm the findings required in Section
ll.02.07TIF1 or from protesting the permit application.
11.02.09 SUBIIITTAI,S FOR MINOR AND MAJOR SITE PLANS
A. MINOR AND MAJOR SITE PLAN REQUIREMENTS
3. Proposed Development Activity and Design
Any other information deemed necessary by the Community
Development Dircctor Administrator for the reasonable
review of the proposed development.
4. Transportation Impact Report
a. Applicability
(2) 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 Dircct=r
Administrator.
d. Traffic Study and Traffic Data Inventory and File
The Community Development Dircctcr Administrator shall
keep a file of all traffic studies, including the
capacity allocated for each approved project. In
determining the projected demand in Section
ll.02.09TIAl~141~lcl(7) above, the impact analysis shall
include trips already allocated in previous development
approvals. The Dircctcr Administrator shall provide
information when appropriate data already exists and is
available in order to prevent duplication.
5. Environmental Impact Report
b. Contents
(6) In addition to the requirements of Section
11.02.09~51~1b~ above, the following information shall
be required for development within the unincorporated
areas of Hutchinson Island in St. Lucie County.
(c)
A plant and animal survey for onsite federal
and state protected species as defined in
-.~_v..'- ~..._v_~..~ passages are deleted.
added. 65
Underlined passages are
OR
. 07 0 i 58
Chapter II. A compiled list of these plants
and animals shall be maintained by the
Community Development Dircctcr Administrator.
Locations of all identified species shall be
depicted on a map.
11.02.10 SUBMI~S FOR PLANNED DEVELOPMENT SITE PLANS
A. PRELIMINARY SITE PLAN REQUIREMENTS
3. Proposed Development Activity and Design
Ve
Any other information deemed necessary by the Community
Development Dircctor Administrator for the reasonable
review of the proposed development.
11.03.03 REVIEW OF FINAL RECORD PLAT
B. DEVELOPERS OPTION TO RECORD A FINAL RECORD PLAT PRIOR TO THE
e
De
Ee
COMPLETION OF CONSTRUCTION.
The County Engineer has approved a certified construction cost
estimate, from the project engineer, for the value of all
approved/required improvements in the are~ for which record
plat approval is sought.
PROCEDURE FOR REVIEW OF FINAL RECORD PLAT
Review of the final record plat by the Board of County
Commissioners shall be strictly limited to whether the plat
complies with the requirements of Chapter 177, Florida
Statutes and this Code. A final record plat that complies
with the requirements of Chapter 177 Florida Statute and this
Code shall be approved and the Community Development Dircct~r
Administrator shall forthwith issue the development order
allowing development to proceed. The Board of County
Commissioners shall return record plats that do not comply
with the requirements of Chapter 177, Florida Statute and this
Code to the developer with an explanation of deficiencies and
a notice that a corrected plat may be resubmitted for
approval.
REQUIRED CERTIFICATIONS ON THE RECORD PLAT
The certificate of approval of the Community Development
Dircctor Administrator shall be in the following form:
STATE OF FLORIDA
COUNTY OF ST. LUCIE
.... passages
added.
are deleted.
66
Underlined passages are
OR
. 07 0 PAI [2 i 59
It is hereby certified that this plat meets the minimum lot
dimension requirements of the zoning district,
as set forth in Section 7.04.00, of the St. Lucie County Land
Development Code.
Community Development Dircctcr Administrator
St. Lucie County, Florida
11.03.04 PROCEDURE FOR MINOR REPLATS AND LOT SPLITS
A. GENERALLY
The Community Development Director Administrator may approve a
Minor Replat or Lot Split, where a parcel of land is being divided
into two (2) separate lots or parcels that conforms to the
requirements of this Section.
B. APPLICATION CONTENTS
A developer requesting a Minor Replat or Lot Split shall submit the
following materials with an application form provided by the
Community Development Dircctcr Administrator along with an
application fee as described in Section 11.12.00:
C. PROCEDURE FOR REVIEW
The Community Development Dircctcr Administrator shall
transmit a copy of the proposed Minor Replat or Lot Split to
the appropriate departments of the County for review and
comments.
The review of all Minor Replats and Lot Splits shall be in
accordance with the procedures described in Section 11.02.03.
®
If the proposed Minor Replat or Lot Split meets the conditions
of this Section and otherwise complies with all applicable
laws and ordinances, the Dircctcr Administrator shall approve
the Minor Replat or Lot Split by signing the application form.
E. RECORDATION
Upon approval of the Minor Replat or Lot Split, the Community
Development Dircctcr Administrator shall record the replat on the
appropriate maps and documents, and shall, at the developer's
expense, record the replat in the public records of the County.
11.04.01
C__=. AMOUNT AND TYPE OF SECURITY
~ .... " through passages are deleted.
added. 67
Underlined passages are
OR
Th, amount of the security listed in the Improvement Agreement
shall be reviewed and approved by the Community Development
Dircctcr Administrator, based on certified cost information
provided by the applicant.
E. RELEASE OF SECURITY FOLLOWING COMPLETION OF REOUIRED
IMPROVEMENTS
1. Release of developer's security.
c. Board of County Commissioners acceptance of improvements
(1) Improvements in a Public Right-of-Way:
Upon confirmation from the County Engineer that
improvements are acceptably completed, the Board of
County Commissioners shall act on "conditionally
accepting" for maintenance any improvements
constructed on public right-of-way and easements.
Acceptance shall be conditioned on a one (1) year
and thirty day (30) period during which time the
developer shall maintain all improvements and
correct all deficiencies that occur. If the Board
of County Commissioners "conditionally accepts"
improvements for maintenance, the developer shall
provide security consistent with the provisions of
this Sectio~ .
11.05.00 PROCEDURE FOR OBTAINING DEVELOPMENT PERMITS
B. CERTIFICATES OF ZONING COMPLIANCE
3. Procedure
Upon application for a Development Permit or use
authorization, the Community Development Dircctor
Administrator shall determine whether such application
complies with the provisions of this Code and the St.
Lucie County Comprehensive Plan.
b®
If the Community Development Dircct=r Administrator
determines the proposed development activity or use
complies with the provisions of this Code and the St.
Lucie County Comprehensive Plan, he shall issue a
Certificate of Zoning Compliance.
C®
If the Community Development Dircctor Administrator
determines that the proposed development activity or use
does not comply with the provisions of this Code or the
Comprehensive Plan, the application shall be returned to
the applicant accompanied by a written statement setting
~ .... u ~ ..... ~ passages are deleted.
added. 68
Underlined passages are
2161
forth the provisions of this Code or the Comprehensive
Plan with which the application does not comply.
11.05.01 BUILDING AND SIGN PERMITS
A. BUILDING PERMIT
1. Generally
The erection, alteration, or reconstruction of any building or
structure shall not be commenced without obtaining a Building
Permit from the Community Development Dircctsr Administrator.
2. Time Limitation of Building Permits
e®
In order to continue construction once a Building Permit
becomes null and void or expires, the permittee shall
reapply and obtain a new Building Permit covering the
proposed construction before proceeding with
construction. The permittee shall comply with all
regulations in existence at the time application is made
for a new Building Permit.
Unless otherwise addressed through the project's Final
Development Order, site plan approval shall terminate if
the Building Permit has becom_e~ null and void.
B~ SIGN PERMIT
The erection, alteration, reconstruction, or conversion of any sign
shall not be commenced without obtaining a Sign Permit from the
Community Development Dircctcr Administrator. In accordance with
Section 9.00.00, no Sign Permit shall be issued for development
without the issuance of a concurrent Certificate of Zoning
Compliance.
C. SEWAGE COMPLIANCE
1. Effect
No Certificate of Zoning Compliance or Building Permit shall
be issued by the Community Development Dircctcr Administrator
for a proposed development until either the St. Lucie County
Public Health Unit.or the Florida Department of Environmental
Regulation has approved a method of sewage disposal for that
development.
11.05.02 CLASS A MOBILE HOME PERMITS
A. APPLICATION FOR PERMIT
~ .... u ~ ..... ~ passages are deleted.
added. 69
Underlined passages are
0 7 0 m216 2
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 Community
Development Dircctcr Administrator, in a form established by the
Dircctor Administrator, accompanied by a non-refundable application
fee, pursuant to Section 11.12.00.
C. PROCEDURE FOR REVIEW OF CLASS A MOBILE HOME PERMIT
®
APPLICATIONS
Within twenty (20) days after an application has been
submitted, the Community Development Dircctor Administrator
shall determine whether the application is complete. If the
Dircctor Administrator determines the application is not
complete, he shall send a written statement specifying the
application's deficiencies to the applicant by mail. The
Dircct=r Administrator shall take no further action on the
application unless the deficiencies are remedied.
Within thirty (30) days after the Community Development
Dircctcr Administrator determines the application is complete,
he shall review the application, and shall determine whether
the proposal complies with the definition of a detached
single-family dwelling unit.
Following the determination of compliance, the Community
Development Dircct=r Administrator shall place the application
for the determination of the Class A Mobile Home as a detached
single-family dwelling unit on the agenda of the next
available regular Board of County Commissioners meeting, in
accordance with the procedures in Section 11.00.03.
The public hearing held on the application shall be in
accordance with Section 11.00.04. In determining whether the
Class A Mobile Home meets the definition of a detached
single-family dwelling unit, the Board of County Commissioners
shall consider the standards in this subsection. Within a
reasonable time of the conclusion of the public hearing, the
Board of County Commissioners shall make a determination as to
whether the application meets the definition of a detached
single-family dwelling unit in the form specified in Section
ll.0~.04~.E(D).
Notification of the Board of County Commissioners' decision
shall be mailed to the petitioner and filed with the
Community Development Dircctcr Administrator in accordance
with Section 11.00.04.
£truck through passages are deleted.
added. 70
Underlined passages are
OR
. 07 .0 P, E2163
11.05.03 DRIVEWAY PERMITS
CURB CUTS, DRIVEWAYS AND CULVERTS CONSTRUCTED WITHOUT DRIVEWAY
PERMIT
The County Engineer shall notify the Community Development
__.~---~A-~ ~. Administrator and the Code Enforcement ..--.-~-~-~~~--~A-..-----~-
Supervisor, when necessary, of the existence of any curb cut,
driveway, or culvert on any County-maintained public road in
the unincorporated areas of St. Lucie County which was
constructed after August 8, 1968, without the approval of the
County Engineer and which the County Engineer has specifically
found to be detrimental or injurious to surrounding
properties, substantially increases traffic congestion and/or
endangers the public safety.
The County Engineer's notification to the Community
Development Dircctcr Administrator and the Code Enforcement
Adminiatrator Supervisor shall include the Engineer's specific
written findings of fact.
Upon receipt of such notification, the Code Enforcement
Adm~niatratcr Supervisor shall notify the owner of the curb
cut, driveway or culvert by certified mail of the Engineer's
finding of fact and that the curb cut, driveway or culvert
must be brought in compliance with the requirements of this
Code within thirty (30) days of receipt of the notice· The
notice shall specifically identify the nature of the
violation. A permit issued pursuant to this Section shall be
required for any reconstruction or repair of a curb cut,
driveway or culvert initiated pursuant to this Section. If the
violation is not corrected within thirty (30) days, the Ccdc
-..~- ~ ~-----~-. ~..~...~ ..___.._.~--~-~ - ~..--_ ~.~- Supervisor may prosecute the
violation pursuant to the provisions of Section 11.13.00.
11.05.04 MANGROVE ALTERATION PERMITS
A. APPLICATION FOR PERMIT
Any person desiring to alter mangroves on property located in
unincorporated St. Lucie County shall apply for a Mangrove
Alteration Permit on forms provided by the Community
Development Dircct=r Administrator, unless otherwise
considered to be exempt pursuant to Section 6.01.04 of this
Code.
Security shall be posted as set out below to assure that a
required mitigation plan is implemented and mitigation
compliance requirements are met as set out in Section
11.05.04~D~, except by County public authorities including
the St. Lucie County Mosquito Control District. However,
~ .... u ~ ..... u passages are deleted.
added. 71
Underlined passages are
7 0 1 6
County public authorities shall be subject to mitigation
requirements, standards and compliance as set out in this
Section and Section 6.01.00.
Said security shall be in an amount equal to one hundred
fifteen (115%) percent of the estimated cost of the
mitigation work. Cost estimates to determine the amount
of such security must be submitted by the qualified
personnel developing the mitigation plan and must be
acceptable in all aspects to the Community Development
Dircctor Administrator. In determining the acceptability
of such security, the Dircctor Administrator shall be
guided by the facts and circumstances of each individual
case.
PROCEDURE FOR REVIEW OF MANGROVE ALTERATION PERMIT
APPLICATIONS
Within thirty (30) days after receipt of an application or
receipt of additional information pursuant to this section,
the Community Development Dircct=r Administrator shall
determine whether the application is complete and shall notify
the applicant of any deficiencies. The _i__c.=r Administrator
shall take no further action on the application until the
deficiencies are corrected·
Within thirty (30) working days after an application has been
determined to be complete by the Community Development
~_ircctor Administrator, the Dircc.~r~ Administrator shall
review the application and approve, approve with conditions or
deny the application based on the standards established in
Section 6.01.00.
C. APPEAL FROM PERMIT DENIAL
Any final action by the Community Development Dircctor
Administrator may be appealed to the Environmental Control Board in
accordance with Section 11.11.00.
D. PROCEDURES FOR MITIGATION INSPECTION AND COMPLIANCE
The permittee shall submit written notice to the Community
Development _ircc.A- Administrator within ten (10) days after
the start of the mitigation work.
The permittee shall submit written notice and photographs of
completed mitigation to the Community Development Dircctor
Administrator within ten (10) days after completion of
mitigation. The Dircctor Administrator shall determine
mitigation compliance through inspection at approximately one
...... ~.. passages
added.
are deleted.
7-2
Underlined passages are
OR
7 4 0 1 6 5
(1) and two (2) year intervals from the date of receipt of the
written notification.
e
If inspection after one (1) year's time indicates less than
seventy (70) percent growth coverage for non-salt marsh
restoration, creation or enhancement, or indicates
non-compliance with other mitigation permit conditions, the
Community Development Dircctcr Administrator shall notify the
permittee of such condition(s) and the permittee shall take
corrective action upon approval by the Dircct=r Administrator.
Any corrective action shall comply with Section 6.01.12 and
this Section.
If inspection after two (2) year's time does not indicate
seventy (70%) percent growth coverage for non-salt marsh
restoration, enhancement or creation, or does not indicate
compliance with other mitigation permit conditions, then the
permittee shall be notified of such condition(s) and the
security posted pursuant to this Section shall be used for
corrective action. Corrective action shall comply with
Sections 6.01.12 and this Section unless other conditions are
approved by the Community Development Director Administrator.
If the Community Dcvclcpmcnt Dircctor Administrator determines
that corrective action does not meet compliance conditions,
the Dircctcr Administrator shall notify the permittee of such
finding and the permittee shall be subject to enforcement and
penalties as set out in Section 11.13.00.
11.05.05 PERMITS FOR SELECTIVE TRIMMING OR PRUNING OF MANGROVES
A®
APPLICATION FOR PERMIT
Any person desiring to selectively trim or prune mangroves in
unincorporated St. Lucie County shall apply for a Selective
Trimming or Pruning Permit on forms provided by the Community
Development Dircct=r Administrator, unless the proposed
trimming or pruning is exempt pursuant to Section 6.01.04.
B. PROCEDURE FOR REVIEW
Within thirty (30) days after receipt of an application or
receipt of additional information pursuant to this section,
the Community Development Dircctcr Administrator shall examine
the application or information and notify the applicant of any
apparent errors or omissions, and request such additional
information as may be necessary for the processing of the
application.
Within thirty (30) working days after an application has been
determined to be complete by the Community Development
Dircctor Administrator shall review the application and
.....· ~.. passages
added.
are deleted.
73
Underlined passages are
approve, approve with conditions or deny the application based
on the standards established in Section 6.01.00.
A person shall provide photos of ribbon-marked trees, both
before and after selective trimming or pruning. The Community
Development Dircct=r Administrator shall determine whether
each tree or only the extent of the proposed trimming or
pruning area needs to be marked with ribbons. Each photo
shall include a yardstick in inches along one tree to be used
as a scale. Photo(s) taken before selective trimming and
pruning shall be submitted with the application, and the
general location of each ribbon-marked tree, and the extent of
the proposed trimming or pruning, if applicable, shall be
identified on a sketch map. Photo(s) taken after selective
trimming or pruning shall be submitted within thirty (30) days
of trimming or pruning. Ribbons shall remain on the trees for
seventy-five (75) days·
C. APPEAL FROM PERMIT DENIAL
Any final decision of the Community Development Dircct=r
Administrator may be appealed to the Environmental Control Board in
accordance with Section 11.11.00.
D_=. PERMIT COMPLIANCE FOR SELECTIVE TRIMMING OR PRUNING
If the Community Development Dircctor Administrator determines
that the photo(s) taken pursuant to Section 11.05.05.B.3
indicates non-alteration, an inspection shall be made
approximately one (1) year after the trimming to ensure that
death, destruction or other forms of alteration have not
occurred.
If the Community Development Dircctor Administrator cannot
make a determination from the photo(s), an inspection may be
conducted within thirty (30) days of receipt of the photo(s).
An inspection shall be made approximately one (1) year after
the trimming to ensure that death, destruction or other forms
of alteration have not occurred.
If the Community Development Dircctor Administrator determines
that the photo(s) indicate alteration, an inspection shall be
made thirty (30) days after receipt of the photo(s). If the
inspection determines that the trimming constituted an
alteration without a permit, the Dircctcr Administrator shall
notify the permittee of such finding, and the permittee shall
be subject to enforcement and penalties as set out in
Section 11.13.02.
-.ruc.. thrcugh passages are deleted.
added. 74
Underlined passages are
OR
7 z, 0 I AI)£2 I 6 7
11.05.06 VEGETATION REMOVALPERMITS
A. VEGETATION REMOVAL PERMIT REQUIRED
Unless otherwise provided in this Code, no person shall remove
vegetation from any lot or parcel of land or portion thereof in the
unincorporated area of St. Lucie County without first obtaining a
vegetation removal permit from the Community Development Dircctcr
Administrator.
B. PERMIT APPLICATION AND OTHER ADMINISTRATIVE. REQUIREMENTS
Any person desiring a vegetation removal permit shall make written
application to the Community Development Dircct=r Administrator
upon forms provided by the Dircctor Administrator.
The application form shall be accurately completed, signed,
and notarized by the land owner or his agent. If the
application is submitted by an agent, it shall include a
notarized agency agreement clearly indicating that the land
owner has delegated full authority to apply for the permit and
to accept the terms of any special conditions which may be
imposed by the Community Development Dircctcr Administrator in
accordance with this Section. The application shall include
the name, address, and telephone number of the land owner and
his agent.
The Community Development Dircct=r Administrator may require
that the application include such additional information which
is reasonable and necessary for adequate administration of
this Section.
The filing of an application shall be deemed to extend
permission to the Community Development Dircctcr Administrator
to inspect the subject site if necessary for purposes of
evaluating the application.
For those applications which are not being processed
concurrently with a site development plan, the Community
Development Dircctcr Administrator shall review each complete
application and shall render a decision within fifteen (15)
working days of acceptance· If no decision is made within the
indicated time period, the permit shall be deemed to have been
granted in accordance with the information on the application.
If the permit is not issued, the Dircctcr Administrator shall
state in writing the reasons for denial and advise the
applicant of any appeal remedies available· For good cause,
the _irccTM t~v~ Administrator may request one (1) extension from
the applicant of an additional ten (10) working days in which
to make a determination, provided the extension is requested
prior to expiration of the initial ten-day period.
~ .... '- ~ ..... u passages are deleted.
added. 75
Underlined passages are
°"07 0 E2168
Be
Any permit issued hereunder shall remain valid for a term of
six (6) months and may be renewable for a second six-month
period upon request to the Community Development Dircctcr
Administrator provided said request occurs prior to the
expiration date of the initial permit. The Dircct~r
Administrator may require reapplication and full review in
those renewal cases where site conditions have changed
substantially from the date of issuance of the initial permit
as a result of natural growth of trees and vegetation, or high
winds, hurricane, tornado, flooding, fire, or other act of
nature. If a permit required by this Section has been issued
concurrently with a site development plan, then such permit
shall run concurrently with the bona fide site development
plan and shall be renewed together therewith.
11.05.08 AIRPORT ZONE PERMITS
A. APPLICATION FOR PERMITS
Except as specifically provided in this Section and Section
10.00.02, no material change shall be made in the use of land, no
structure shall be erected or otherwise established, and no tree
shall be planted in any airport zone described in Section 4.00.00
unless a permit therefore shall have been applied for and granted.
An application for a permit required by Section 4.00.00 shall be
made to the Community Development Dircctcr Administrator,
accompanied by a non-refundable application fee as established in
Section 11.12.00.
B. APPLICATION CONTENTS
Such application shall be in such form as is required by the
Community Development Dircctcr Administrator, which form shall
include, at a minimum, the name, address and telephone number of
the owner; a legal description of the property; and the purpose for
which the permit is desired with sufficient particularity to permit
it to be determined whether the resulting use, structure, or tree
would conform to the regulations in Section 4.00.00. If such
determination is in the affirmative, the permit shall be granted.
No permit for a use inconsistent with the provisions of this
Section shall be granted unless a variance has been approved in
accordance with Section 10.01.00.
C. PROCEDURE FOR REVIEW OF AIRPORT ZONE PERMITS
Within twenty (20) days of receipt of the application, the
Community Development Dircctcr Administrator shall review the
application to determine if it is complete. If the
application is not complete, the Dircct=r Administrator shall
notify the applicant of the deficiencies in writing. The
~& I ~ ~ deleted
.......... passages
............... are
added. 76
Underlined passages are
0R
, ,07 0 169
Dircctcr Administrator shall take no further action on the
application until the deficiencies are remedied.
Within thirty (30) days after the application is determined
complete, the application shall be reviewed by the Community
Development Dircctor Administrator and approved, approved with
conditions or denied, pursuant to the standards in Section
11.05.08TIDI.
D. STANDARDS FOR REVIEW
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree or
structure less than seventy-five (75') feet of vertical
height above the ground, except when, because of terrain, land
contour, or topographic features, such tree or structure would
extend above the height limits prescribed in Section
4.00.0~3.~,_ .,
In areas lying within the limits of the approach zones, but at
a horizontal distance of not less than 4,200 feet from each
end of the runway, no permit shall be required for any tree or
structure less than seventy-five (75') feet of vertical height
above the ground, except when such tree or structure would
extend above the height limit prescribed in Section 4.00.0~
e
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zone, no permit shall
be required for any tree or structure less than seventy-five
(75') feet of vertical height above the ground, except when
such tree or structure, because of terrain, land contour, or
topographic features, would extend above the height limits
ib i ~ ~ ~-~ ~
prescr ed n Section 4.00.0~3~,_ _, _, ......
F. NONCONFORMING USES ABANDONED OR DESTROYED
Whenever the Community Development _~_.~-~-~- Administrator
dete~.~nes that a nonconforming tree or structure has been
abandoned or more than 80 percent torn down, physically
deteriorated, or decayed, no permit shall be granted that would
allow such structure or tree to exceed the applicable height limit
or otherwise deviate from the zoning regulations·
G. CONDITIONS ON PERMIT APPROVAL
Any permit granted will he so conditioned as to require the owner
of the structure or tree in question to install, operate, and
maintain, at the owner's expense, such markings and lights as
required by Chapter 333.07(3), Florida Statutes, in accordance with
the Standards published in Chapter 14-60, Rules of the Department
...............= passages are deleted·
added. 77
Underlined passages are
oR
. 07 .0 t . E2 i 70
of Transportation. If deemed proper by the Community Development
Dircctcr Administrator, this condition may be modified to require
the owner to allow the St. Lucie County Port and Airport Authority
at its own expense, to install, operate, and maintain the necessary
markings and lights.
H. APPEALS FROM PERMIT DENIA?.
Any final action by the Community Development _ircc.
Administrator may be appealed to the Board of Adjustment in
accordance with the provisions of Section 11.11.00.
11.05.09 WASTEWATERAND SEWAGE DISPOSAL COMPLIANCE PERMITS
A. APPLICATION FOR PERMIT
Any person required to obtain a Wastewater Sewage Disposal
Compliance Permit pursuant to Section 7.08.03 shall submit an
application to the Community Development Dircct=r Administrator
accompanied by a non-refundable fee as established in Section
11.12.00.
B~ APPLICATION CONTENTS
Such application shall be in such form as is required by the
Community Development Dircct=r Administrator, which form shall
include, at a minimum, the name of the business, the name of the
owner of the business, the location at which the business is
operated, and a specific identification of each activity, use,
operation, service, and manufactured or processed product ~nvolved
in the conduct of such business. Volatile organic testing for
on-site well(s), in the form required by the Dircctor
Administrator, shall also be submitted with each application. The
application must be signed and sworn to by an owner of the
business.
C. PROCEDURE FOR REVIEW OF WASTEWATER AND SEWAGE DISPOSAT.
COMPLIANCE PERMITS
The Community Development Dircctor Administrator shall forward
every such application to the County Public Health Unit for review
and certification. Upon receipt from the Health Department of a
certification that the business has been inspected and that the use
of the on-site septic system by the business for wastewater and
sewage disposal is in compliance with all regulations of the State
Department of Health and Rehabilitative Services, the Dircct=r
Administrator shall issue the Wastewater and Sewage Disposal
Compliance Permit.
added.
passages are deleted.
78
Underlined passages are
oR
7 0 t AG£2 I 7 I
D~ APPEAL FROM PERMIT DENIAL
Any final decision of the Community Development Dircct=r
Administrator denying a Wast.water Sewage Disposal Compliance
Permit may be appealed to the Environmental Control Board pursuant
to Section 11.11.00.
11.05.12 WETLANDS PERMITS
A. APPLICATION FOR PERMIT
Any construction, dredging, filling, or alteration in, on or
over a jurisdictional wetland shall require a permit by the
Community Development Dircctcr Administrator, unless
specifically exempted by Section 6.02.03 of this Code.
Permit applications shall be made on forms prescribed by the
Community Development Dircctor Administrator, and shall be
accompanied by a non-refundable fee in accordance with Section
11.12.00. The Dircctor Administrator is encouraged to make
use of forms already in use by other state or federal
environmental regulatory agencies.
B. APPLICATION CONTENTS
An application shall not be deemed complete until all
information reasonably necessary to fully understand the
extent, nature, and potential impacts of a proposed
project is received by the Community Development Dircct=r
Administrator. Such information shall include, but is
not limited to:
The Community Development"_._~-cc~c-~ ~ Administrator shall provide
a notice to all adjacent property owners whose property also
adjoins the wetland·
C. PROCEDURE FOR REVIEW OF WETLAND PERMIT APPLICATION
Within twenty (20) days of receipt of the application for a
Wetland Permit, the Community Development Dircct~r
Administrator shall determine if the application is complete.
If the Community Development Dircctcr Administrator determines
the application for a Wetland Permit is not complete, the
Dircctcr Administrator shall inform the applicant in writing
of the cited deficiencies. No further review of the
application shall take place until the cited deficiencies are
addressed.
If the Community Development Dircctcr Administrator determines
that the application is complete, he shall within twenty (20)
...... ~.. passages are
added.
deleted.
79
Underlined passages are
OR
7 0 l iiE2 i 7 2
days approve, approve with conditions or deny the application
for a Wetlands Permit.
Any application received that is substantively the same as the
previous application that has been denied by the Community
Development Dircct=r Administrator shall also be denied
without further processing.
e
Any substantial modification to a complete application (unless
the modification is recommended by the Community Development
Dircctor Administrator) or to an issued permit, shall be
treated as a new application for permit.
D. APPEAL FROM PERMIT DENIAL
Any final decision of the Community Development Dircctor
Administrator may be appealed to the Environmental Control Board in
accordance with Section 11.11.00.
11.06.04 PROCEDURES
A. PROPOSAL BY THE BOARD OF COUNTY COMMISSIONERS OR THE PLANNING
AND ZONING COMMISSION
Proposals for an amendment to the text of this Code or an amendment
to the Official Zoning Atlas by the Board of County Commissioners
or the Planning and Zoning Commission shall be transmitted to the
Community Development Dircct=r Administrator for application. Any
interested party may request that the Board of County Commissioners
or the Planning and Zoning Commission initiate such an
application.
B. PROPOSALS BY OTHERS
Any person desiring to apply to the Board of County Commissioners
for an amendment to the text of this Code or an amendment to the
Official Zoning Atlas shall submit an application to the Community
Development Dircct=r Administrator, accompanied by a nonrefundable
application fee as established from time to time by the Board of
County Commissioners to defray costs of processing the application.
C. APPLICATION
Such other information or documentation as the Community
Development Dircctor Administrator may deem necessary or
appropriate to a full and proper consideration and disposition
of the particular application.
~ .... __u through passages are deleted.
added. 80
Underlined passages are
OR
D. SUBMISSION TO THE COMMUNITY DEVELOPMENT~REG~ADMINISTRATOR
Within twenty (20) days after an application for an amendment to
the text of this Code or an application for an amendment to the
Official Zoning Atlas is submitted, the Community Development
D'~rcctvrA Administrator shall determine whether the application is
complete. If the Dircctor Administrator determines the application
is not complete, he shall send a written statement specifying the
application's deficiencies to the applicant by mail. The Dircct=r
Administrator shall take no further action on the application
unless the deficiencies are remedied.
E. REVIEW BY COMMUNITY DEVELOPMENT ~qF~-T~ADMINISTRATOR
When the Community Development Director Administrator determines an
application for an amendment to the text of this Code or an
application for an amendment to the Official Zoning Atlas is
complete, the Dircct=r Administrator shall review the application,
make a recommendation and notify the Planning and Zoning Commission
that the application is complete.
11.06.06 ACTION BY BOARD OF COUNTY COMMISSIONERS
Notification of the Board of County Commissioners' decision
shall be mailed to all parties, and the decision shall be
filed in the Office of the Community Development Director
Administrator in accordance with Section ll.00.041F~.
11.07.05 APPLICATION PROCEDURES
A. PRE-APPLICATION CONFERENCE
An application for conditional use is initiated by requesting in
writing a pre-application conference with the Community
Development Dircct=r Administrator. The request shall include a
description of the character, location and magnitude of the
proposed conditional use, together with a proposed timetable for
development. The purpose of this meeting is to acquaint the
applicant with the requirements of this Code and the views and
concerns of the County when positions are flexible. Within twenty
(20) days of the request, the Community Development Dircct=r
Administrator shall schedule a pre-application conference with the
applicant and other relevant County departments.
B. FILING APPLICATION FOR CONDITIONAL USE PERMIT
1. Filing
After the pre-application conference, an applicant for a
conditional use permit shall submit an application to the
Community Development~irA-~cr~ Administrator accompanied by a
............. ~.. passages are deleted.
added. 81
Underlined passages are
OR
, 07 0 t'. r 2 i 7
non-refundable fee as established from time to time by the
Board of County Commissioners to defray the actual cost of
processing the application. If, in accordance with Section
3.01.00, the specific conditional use applied for requires
site plan approval, the applicant shall submit a site plan
meeting the requirements of Section 11.03.00 of this Code.
If, in accordance with Section 3.01.00, the specific
conditional use applied for does not require site plan
approval, the applicant shall submit a written statement of
proposed use including, but not limited to, the nature of the
use and the proposed improvements to the site. Conditional
use applications shall include a site plan if the proposed
use would be located in whole or in part in a one hundred
(100) year floodplain or on North or South Hutchinson Island.
Applications for conditional use approval shall include such
other information or documentation as the Dircctcr
Administrator deems necessary for the full and proper
consideration and disposition of the application.
Review by Community DevelopmentDircc.^-~v. Administrator
Within twenty (20) days after an application for
conditional use approval is submitted, the Community
Development Dircctor Administrator shall determine
whether the application is complete. If the Dircctor
Administrator determines that the application is not
complete, he shall send a written statement specifying
the deficiencies to the applicant by mail. The Dircctor
Administrator shall take no further action on the
application unless the deficiencies are remedied·
Within thirty (30) days after the Community Development
Dircctor Administrator determines that an application for
conditional use permit is complete, the Dircctor
Administrator shall review the application, make a
report, and notify the Planning and Zoning Commission
that the application is ready to review.
HEARING AND ACTION BY PLANNING AND ZONING COMMISSION
Review
In reviewing the conditional use application, the Planning
and Zoning Commission shall consider the report of the
Community Development Dircct=r Administrator; shall determine
whether the proposed use meets the standards in Sections
11.07.03, 11.07.04, and 3.01.00 for conditional uses; and
shall determine whether the proposed use meets all other
provisions of this Code, the St. Lucie County Comprehensive
Plan, and any other applicable County Ordinance. The Planning
............. ~.. passages are deleted.
added. 82
Underlined passages are
.°" 0740 I K2175
and Zoning Commission may recommend certain conditions be met
before approval of the application.
HEARING AND ACTION BY BOARD OF COUNTY COMMISSIONERS
Review
In reviewing the application, the Board of County
Commissioners shall consider the report of the Community
Development Dircct=r Administrator and the recommendation of
the Planning and Zoning Commission; shall determine whether
the proposed use meets the standards in Sections 11.07.03,
11.07.04, and 3.01.00 for conditional uses; and shall
determine whether the proposed use meets all other provisions
of this Code, the St. Lucie County Comprehensive Plan, and
any other applicable County Ordinance. The Board may require
certain conditions be met before approval of the application.
Notice of Action
Notification of the Board of County Commissioners' decision
shall be mailed to all parties, and the decision shall be
filed with the Office of the Community Development Dircct=r
Administrator in accordance with Section 11.00.041F~.
E- DEVELOPMENT AND ADJUSTMENT OF AN APPROVED OR EXISTING
CONDITIONAL USE
2. Adjustments to an Approved or Existing Conditional Use
Adjustments to a conditional use may be permitted as follows:
Minor Adjustments - The Community Development Dircctcr
Administrator shall authorize minor adjustments to a
conditional use. Such minor adjustments shall be
consistent with the intent and purpose of the St. Lucie
County Comprehensive Plan, this Code, the conditional
use as approved or existing, and shall be the minimum
necessary· Such minor adjustments shall be limited to
the following:
Inspections During Development of an Approved Conditional
Use
a. Inspections by Community Development Dircctor
Administrator
Following approval of a conditional use, the Community
Development Dircctcr Administrator shall, at least
annually until the completion of development, review all
permits issued and construction undertaken and compare
~ .... '- ~ ~k passages are
.......... rcu- deleted.
added. 83
Underlined passages are
7 0 I .E2 1 7 6
actual development with the approved conditional use and
with the approved development schedule, if applicable.
b. Action by Community Development Dircctcr Administrator
If the Community Development Dircctor Administrator finds
that development is not proceeding in accordance with
the approved schedule, or that it fails in any other
respect to comply with the approved conditional use, he
shall notify the Board of County Commissioners of such
fact and may, if he finds it necessary for the protection
of the public health, safety, or welfare, take such
necessary action to stop such non-compliance.
c. Action by Board of County Commissioners
Within thirty (30) days following notification by the
Community Development Dircctcr Administrator, the Board
of County Commissioners shall det'ermine whether
development of the conditional use is proceeding in
accordance with the approved conditional use. If the
Board of County Commissioners finds the development is
not proceeding in accordance with the approved
conditional use, it shall either revoke the permit or
take the necessary action to compel compliance with the
approved conditional use.
4. Inspections After Development
a®
Inspection by Community Development Dircct=r
Administrator
Following completion of the development of a conditional
use, the Community Development Dircctcr Administrator
shall review the development as completed and determine
if it complies with the approved conditional use.
b. Action by Community Development Dircct=r Administrator
If the Community Development Dircct=r Administrator finds
that the development as completed fails in any respect to
comply with the use as approved, he shall immediately
notify the Board of County Commissioners of such fact.'
c. Action by Board of County Commissioners
Within thirty (30) days following notification by the
Community Development Dircctor Administrator, the Board
of County Commissioners shall determine whether the
completed conditional use fails in any respect to follow
the approved conditional use permit. If the Board of
County Commissioners finds the completed conditional use
~ .... '- tn ~h passages are
......... rcu- deleted.
added. 84
Underlined passages are
! 77
fails in any respect to follow the approved conditional
use, it shall either revoke the permit or take the
necessary action to compel compliance with the
conditional use.
H. REVOCATION OF CONDITIONAL USE PERMIT
In addition to any other penalty and remedy for violation of this
Code, it shall be a condition of every conditional use approval
that such approval may be revoked for violation of any condition
imposed upon such approval. The permit may be revoked only after
the Board of County Commissioners holds a public hearing in
accordance with Section 11.00.04 unless the permittee consents to
a revocation of the permit. If the permittee provides written
consent to the revocation to the Community Development Dircctor
Administrator, the Dircctcr Administrator shall revoke the permit
and notify the Board of County Commissioners of the revocation.
11.09.02 ZONING CONFORMANCE
°~ .... u ~ =h passages are deleted.
added. 85
Underlined passages are
OR
0 PA [2 ! 78
X X ~
x
x
~ x ~ X
~
x X x x x ~ X
X X X X X X X
X X ~ X ~
added.
passages are deleted.
86
Underlined passages are
OR
.~0 7 t~ 0 t'%1]I~2 ! 7 9
X
x x x
X X x x X X
~ x x x X x
x x x x
x X x
X X X X X
x x x
...... ~.. passages are deleted.
added. 87
Underlined passages are
OR
.,0 7 ~ 0 ~;E21 8 0
11.09.03 V~ST~D RIG~S
B. DETERMINATION OF VESTED RIGHTS
An application for Vested Rights Special Use Permit may be
submitted to the Community Development Dircctor Administrator
after the effective date of this Code.
C. APPLICATION FOR AVESTED RIGHTS SPECIAL USE PERMIT
An application for Vested Rights Special Use Permit shall be
submitted to the Community Development Dircctcr Administrator on
forms provided by the _~-Ac~cr Administrator. After receipt of the
application, the _ircc.A- Administrator shall determine whether it
is complete within ten (10) working days. Insufficient
applications shall be returned to the applicant specifying the
deficiencies. The Dircctor Administrator shall take no further
action on the application unless the deficiencies are remedied.
Within twenty (20) working days after receipt of a completed
application for a Vested Rights Special Use Permit, the Community
Development Dircctor Administrator shall review and evaluate the
application in light of all of the criteria in this Section. Based
on the criteria, the D~-~-~A-~v~ Administrator shall approve, approve
with conditions or deny the application for Vested Rights Special
Use Permit. The determination shall be in writing and shall
include findings of fact for each of the applicable criteria.
E~ PRESUMPTIVE VESTING
1. Final Development Orders:
Such valid approvals or permits shall, in and of
themselves, constitute sufficient evidence of compliance
with the standards set forth in Section ll.09.03TIDI.
Verification of such approvals or permits shall be made
by the Community Development Dircctor Administrator. If
verified, the Dircctor Administrator shall issue the
Vested Rights Special Use Permit.
Developments of Regional Impact Adopted on or Before August 1,
1990:
Ce
The approved Final Development Order for a Development of
Regional Impact shall, in and of itself, constitute
sufficient evidence of compliance with the standards set
forth in Section ll.09.03TlDI. Verification of such
approvals or permits shall be made by the Community
Development Dircct=r Administrator. If verified, the
~-~-~A- Administrator shall issue the Vested Rights
Special Use Permit.
added.
~..-v-~..~ passages are deleted.
88
Underlined passages are
OR
0 PA6E2 ! 8 1
F. LIMITATIONS ON DETERMINATION OF VESTED RIGHTS
Upon the expiration of five (5) years after the issuance of a
Vested Rights Special Use Permit, the issuance of development
permits for the property subject to the Vested Rights Special
Use Permit shall be subject to the requirements of all current
regulations. The foregoing, the Vested Rights Special Use
Permit may set forth an extension of the five (5) year period
upon a finding by the Community Development Dircct=r
Administrator or the Board of County Commissioners of the
necessity for an extension of such time period.
Commencing with the expiration of two (2) years after the
issuance of a Vested Rights Special Use Permit, an annual
report shall be submitted to the Community Development
Dircct~r Administrator by the developer or owner of the
subject property. Annual reports shall be submitted on forms
provided by the Dircct=r Administrator and shall be due on
each annual recurrence of the permit issuance date. The
annual report shall evidence that development has commenced
and is continuing in good faith. Significant physical
development or receipt by the applicant of one or more of the
following types of permits or approvals in each reporting year
shall constitute sufficient evidence for the subject year:
a. Building Permit:
b®
Site Plan Approval or not more than one renewal of each
Site Plan Approval;
c. Final Plan Approval for a Planned Development;
d. Final Plat Approval;
e®
Such other permits or approvals as shall evidence that
development has commenced and is continuing in good
faith.
Failure to proceed with significant physical development
activity or to obtain one of the foregoing approvals or
permits in any reporting year, or failure to file an annual
report when due, shall cause the development subject to the
Vested Rights Special Use Permit to become subject to the
requirements of the adequate public facilities regulations in
Chapter V. A determination by the Community Development
Dircctor Administrator of a permittee's failure to proceed may
be appealed to the County Administrator. In addition, the
Dircctor Administrator may grant an extension of time to file
the required annual report upon a showing by the applicant, or
successor, that strict enforcement would cause undue hardship
because of circumstances beyond the applicant's or successor's
~- .... " ~...v-~..~ passages
added·
are deleted.
89
Underlined passages are
control. Requests for extensions shall be submitted to the
Dircctor Administrator thirty (30) days prior to the due date
for the annual report.
Ail development subject to a Vested Rights Special Use Permit
must be consistent with the terms of the Development Order
upon which the Vested Rights Special Use Permit was based.
Any substantial deviation from a prior approval, except a
deviation required by governmental action, shall cause the
development involved to be subject to the policies and
implementing decisions and regulations set forth in all
current regulations. The Community Development Dircct~r
Administrator shall determine whether a proposed change is a
substantial deviation in light of the following criteria:
11.10.06 REVIEW OF PETITION
A~ REVIEW AND NOTIFICATION
Each petition shall be reviewed by the County Engineer, the
Community Development Dircctor Administrator, and any governmental
agency or affected County department. Upon receipt, the County
Engineer shall distribute the petition to the reviewing departments
and agencies. Within twenty (20) days of receipt of the petition,
the reviewing department and agencies shall submit a written report
containing its findings and recommendations to the County Engineer.
Upon receipt of all written reports, the County Engineer shall
review the petition and reports and shall notify the petitioner in
writing of any reasonable conditions to be performed prior to
forwarding the petition and reports pursuant to paragraph (B)
below. Within sixty (60) days of receipt of the County Engineer's
notification, the petitioner shall either comply with, agree and
commit in writing to the conditions, or disagree in writing to the
conditions. Failure to respond to the County Engineer's
notification may result in a recommendation to deny the petition by
the County Engineer.
11.11.01 GENER~T.T.Y
B. AUTHORITY
1. Appeals to the Environmental Control Board
c. Sea Turtle Protection (Section 6.0~.0~)
d. Coastal Area Protection (Section 6.0~.0~_1)
e. Wellfield Protection (Sections 6.04~.00 and 11.05.10)
-~----..u through passages are deleted.
added. 90
Underlined passages are
OR
7 0 PA6[2 1 8 3
11 . 11 · 02 APPEAI~ PROCEDURE
A__=. PROCEDURES
A notice of appeal must be filed with the Community Development
Dircctcr Administrator, within thirty (30) days of the rendition
of such order, decision, determination, or interpretation subject
to an appeal, specifying the grounds for the appeal· Upon receipt
ti App ~ ~ ...........
of the No ce of eal, the ...... ~ -- ~ ~ ..... ~ ~' ~
Administrator shall prepare the record for appeal, notify the
Appellate Board or Officer of the Notice of Appeal and establish a
time and place at which time the Appellate Board or officer will
hear the appeal .
B. EFFECT OF FILING AN APPEAL
The filing of a notice of appeal shall stay any proceedings in
furtherance of the action appealed from unless the Community
Development Dircctor Administrator certifies to the Appellate
Board or Officer that by reason of certain facts, a stay would pose
an imminent peril to life or property; in such case the appeal will
not stay further proceedings except by a restraining order.
D. HEARING
The Appellate Board or Officer shall hold a hearing on the
appeal within a reasonable time after a notice of appeal is
filed. Appeal hearings by the Board of Adjustment shall
conform to the procedures in Sections 11.00.03 and 11.00.04.
Appeal hearings by the County Administrator and the
Environmental Control Board shall not be subject to the formal
notice and advertisement requirements set out in Sections
11.00.03 and 11.00.04. The appellant shall be notified by the
Community Development Dircctcr Administrator of the time date
and place of the public hearing by certified mail, return
receipt requested. The Board or Officer shall reverse the
order, decision, determination, or interpretation only if
there is substantial competent evidence in the record that an
error was made in the decision being appealed from that fails
to comply with the requirements of this Code. In so modifying
such decision, the Board or Officer shall be deemed to have
all the powers of the officer from whom the appeal is taken,
including the power to impose reasonable conditions to be
complied with by the applicant.
The decision of the Appellate Board or Officer shall be mailed
to all parties and by the Community Development Dircctcr
Administrator, in accordance with Section 11.00.04 F.
added·
passages are deleted·
91
Underlined passages are
OR
7 0 PAIf2 I 8
11.13.01 G~N~R~T.T.Y
A_~. AUTHORITY
1. Enforcement by Environmental Control Hearing Board
Ce
Sea Turtle Protection (Section 6.0~A.09~)
Coastal Area Protection (Section 6.0~.09_1)
Wellfield Protection (Sections 6.04~.00 and 11.05.10)
11.13.03 ENFORCEMENT PROCEDURES FOR CODE ENFORCEMENT BOARD
B__=. Except as provided in subsection C and D, if a violation of
the codes is found, the Code Enforcement Officer shall notify the
violator and give him a reasonable time to correct the violation.
Should the violation continue beyond the time specified for
correction, the Code Enforcement Officer shall notify the Code
Enforcement Admini=tratcr Supervisor and request a hearing. The
Code Enforcement Board shall schedule a hearing and a written
notice of such hearing shall be hand delivered or mailed as
provided in subsection N, to said violator. At the option of the
Board, notice may additionally be served by ~ublication as provided
in Section 11.00.03. If the violation Ks corrected and then
recurs, or if the violation is not corrected by the time specified
for correction by the Code Enforcement Officer, the case may be
presented to the Board even if the violation has been corrected
prior to the Board hearing, and the notice shall so state.
D~ If a repeat violation is found, the Code Enforcement Officer
shall notify the violator but is not required to give the violator
a reasonable time to correct the violation. The Code Enforcement
Officer, upon notifying the violator of a repeat violation shall
notify the Code Enforcement Adm~ni=trator Supervisor and request a
hearing. The Code Enforcement Board shall provide notice to the
violator pursuant to subsection N or O. The case may be presented
to the Code Enforcement Board even if the repeat violation has
been corrected prior to the Board hearing, and the notice shall so
state.
F. Each case before the Code Enforcement Board shall be presented
by the Code Enforcement Admini=tratcr Supervisor.
11.13.04 OTHER PENALTIES AND REMEDIES
A_=. GENERALLY
If the Community Development Dircctor Administrator, in
consultation with the County Attorney, determines that the code
enforcement process delineated above would be an inadequate
response to a given violation, the Dircct=r Administrator may
pursue the following penalties and remedies, as provided by law:
~ .... '- ~ ..... ~ passages are deleted.
added. 92
Underlined passages are
185
1. CIVIL REMEDIES
If any building or structure is erected, constructed,
reconstructed, altered, repaired, or maintained or any
building, structure, land, or water is used in violation of
this Code, the Dircctor Administrator, through the County
Attorney, may institute any appropriate civil action or
proceedings in any court to prevent, correct, or abate the
violation.
12.02.02 MEMBERSHIP: APPOINTMENT, REMOVAL, TERMS, VACANCIES AND
QUALIFICATIONS
D. Each one of the five (5) County Commissioners shall
individually appoint one member of the Planning and Zoning
Commission whose term shall coincide with the term of the
Commissioner who appointed that member. The Board of County
Commissioners shall collectively appoint the other four (4)
members whose initial terms shall be established by resolution of
the Board of County Commissioners. Members collectively appointed
by the Board of County Commissioners shall not serve more than two
consecutive full four year terms. Members individually appointed
by one County Commissioner may serve more than two consecutive
full four year terms. Even though a collectively appointed
member's term expires ~A~A--A ~--A--~-- ~ ~OO less than four
years from December 29, 1988, a collectively appointed member who
has served eight (8) consecutive years or more on the Planning and
Zoning Commission shall not be eligible for reappointment to
another consecutive term. However· a collectively appointed member
who has served eight (8) consecutive years or more may be appointed
to a subsequent term beginning one or more years after the
expiration date of the previous term.
12.02.03 CHAIRMAN AND VICE-CHAIRMAN
A. At the first regular meeting in OctcbcrJanuary each year, the
members of the Planning and Zoning Commission shall elect one (1)
of their number as Chairman and one (1) of their number as
Vice-Chairman.
12 . 02 . 04 SECRETARY
A. At the first regular meeting in OctcbcrJanuary of each year,
the members of the Planning and Zoning Commission shall select one
(1) of their number or an employee of the Community Development
Dircct=r Administrator as a Secretary.
B. The Secretary, with the aid of the Community Development
Dircctor Administrator, shall keep minutes of the proceedings of
the Planning and Zoning Commission, and shall maintain all records
of Commission proceedings and the correspondence of the Commission.
~ u ~ ..... ~ passages are deleted.
added. 93
Underlined passages are
12 . 02 . 05 OFFICE OF THE
ADMINISTRATOR
COMMUNITY
The Community Development Dircct=r Administrator and his staff
shall provide necessary professional support to the Planning and
Zoning Commission, with the approval of the Board of County
Commissioners.
12 . 04 . 04 SECRETARY
A. At the first regular meeting in January of each year, the
members of the Board of Adjustment shall elect one (1) of their
number or an employee of the Community Development Dircctor
Administrator as a Secretary.
B. The Secretary, with the aid of the Community Development
~ Administrator, shall keep minutes of the proceedings of
the Board of Adjustment and shall maintain all records of Board of
Adjustment meetings, hearings, and proceedings, and the
correspondence of the Board.
12.04.05 OFFICE OF THE
ADMINISTRATOR
CO~4UNITY
The Community Development Dircct=r Administrator and his staff
shall provide necessary professional support to the Board of
Adjustment, with the approval of the Board of County Commissioners.
12.06.01 JURISDICTION, AUTHORITY, AND DUTIES
In addition to the jurisdiction, authority, and duties which may
be conferred on the Community Development Dircctcr Administrator by
other provisions, he shall also have the following powers and
duties under this Code.
A~ The Community Development Dircctor Administrator shall
receive, review, and approve Certificates of Zoning Compliance in
accordance with the procedures in Section 11.05.00.
B- The Community Development Dircctor Administrator shall issue
building, sign, vegetation removal, mangrove alteration, mangrove
trimming, wastewater and sewage disposal compliance, airport height
permits, wellfield operating and closure permits, and wetlands
permits in accordance with the procedures in Section 11.05.00.
C_~. The Community Development Dircctor Administrator shall grant
or deny applications for Certificates of Capacity Exemption, and
Certificates of Capacity Variances in accordance with the
procedures in Section 5.00.00.
added.
passages are deleted.
94
Underlined passages are
OR
, 07%0 1 1 [2187
D. The Community Development Dircctor Administrator shall grant
or deny applications for a Vested Rights Special Use Permit in
accordance with the procedures in Section 11.09.00 of this Code.
E. The Community Development Dircct=r Administrator, whenever a
use is not specifically listed in Section 3.01.03 or in the
administrative use regulations, shall make a determination as to
whether the proposed use is a use permitted by this Code, in
accordance with Section 3.01.01.
F. The Community Development Dircct=r Administrator shall have
the power to authorize an administrative variance to construct an
accessory agricultural structure in accordance with Section
10.01.07.
G. The Community Development Dircctor Administrator shall review
and approve, approve with conditions, or deny applications for
Minor Replats and Lot Splits, in accordance with Section 11.03.04.
~ .... tv~ Administrator shall serve
H. The Community Development _= .....
as staff planner to the Planning and Zoning Commission and the
Board of County Commissioners, including the provision of aid and
technical assistance in:
I. The Community Development Dircctcr Administrator shall serve
as staff planner to the Board of Adjustment, including the
processing and provision of technical assistance in the review of
variances, as provided in Section 10.01.00.
J. The Community
maintain the Official
Development n~
Zoning Atlas.
Administrator
shall
K~ The Community Development Dircctor Administrator shall,
whenever requested to do so by the Board of County Commissioners,
conduct or cause to be conducted, with the assistance of other
county departments if necessary, investigations, reports, surveys,
studies, maps, charts, and recommendations with respect to matters
before the Board of County Commissioners, the Planning and Zoning
Commission, or the Board of Adjustment.
12.08.02 MEMBERSHIP
The Review Committee shall include representatives for the
Community Development Dircct=r Administrator, the County Engineer,
the County Utilities Dircctcr Administrator, and the St. Lucie
County - Ft. Pierce Fire Marshal's Office, and other such offices
and agencies as deemed necessary by the Community Development
---~-v~~-~-~ Administrator.
~ .... u ~ ..... ~ passages are deleted.
added. 95
Underlined passages are
OR
7 0 ! 8 8
13.0 0.01 C,]~N]~I{~},I'.T.y
A. ADOPTED
The Standard Building Code, 1989 revisions to the 1988 edition,
including Appendix A, as promulgated by the Southern Building Code
Congress International, Inc., is adopted by reference as the
Building Code of the County, to apply to the unincorporated areas
of the County. A copy of such Code shall be filed in the office of
the Community Development Dircctcr Administrator and shall be
available for public inspection during the regular business hours
of such office.
B. AMENDMENTS
Section 2204.04, Moving of Buildings, is hereby amended to
reflect the addition thereto of the following paragraph:
The Community Development Dircctcr Administrator as a
condition precedent to the issuance of a permit to move a
building shall require a performance bond to be executed by
the person desiring the permit, with satisfactory corporate
surety. Such bond shall be made payable to the Board of
County Commissioners of St. Lucie County, Florida, in an
amount determined by the Community Development Dircctcr
Administrator to be equal to the cost of demolition, removal
or repair, in order to bring the building into compliance with
the Standard Building Code, as amended and adopted by St.
Lucie County. The bond shall be conditioned on bringing the
relocated building into compliance with the Standard Building
Code within ninety (90) days from the date of relocation; if
the building does not comply with the Standard Building Code
within the ninety-day period the County shall give ten days'
written notice of the noncompliance and of the County's intent
to have a bond forfeited to cover the cost of demolition,
removal or repair of such building. Following such notice,
the bond shall be forfeited and the necessary demolition,
removal or repair shall be done.
13.02.01 ADOPTED
The Standard Mechanical Code, 1989 Revisions to the 1988 Edition,
including Appendix A, as promulgated by the Southern Building Code
Congress International, Inc., is adopted by reference as the
Mechanical Code of the County, to apply to the unincorporated areas
of the County. A copy of such Code shall be filed in the office of
the Community Development Dircctor Administrator and shall be
available for public inspection during the regular business hours
of such office.
added.
passages are deleted·
96
Underlined passages are
0,7 ! 89
13.03.01 ADOPTED
The Standard Plumbing Code, 1989 Revisions to the 1988 Edition,
including Appendix A, as promulgated by the Southern Building Code
Congress International, Inc., is adopted by reference as the
Plumbing Code of the County, to apply to the unincorporated areas
of the County. A copy of such Code shall be filed in the office of
the Community Development Dircctcr Administrator and shall be
available for public inspection during the regular business hours
of such office.
13.04.01 ADOPTED
The National Electrical Code, 1987 edition, as promulgated by the
National Fire Protection Association, is adopted by reference as
the Electrical Code of the County, to apply to the unincorporated
areas of the County. A copy of such Code shall be filed in the
office of the Community Development Dircct~r Administrator and
shall be available for public inspection during the regular
business hours of such office.
13.05.01 ADOPTED
The National Fire Protection Association (NFPA) 101, Life Safety
Code, 1985 edition, and the National Fire Protection Association
(NFPA) Pamphlet 1, 1982 edition, is adopted by reference as the
fire code of the county, to apply to the unincorporated areas of
the county. A copy of such codes shall be filed in the office of
the Community Development Dircctcr Administrator and shall be
available for public inspection during the regular business hours
of such office.
13.06.01 CODE ADOPTED
Part V (Accessibility By Handicapped Persons) of Chapter 553
(Building and Construction Standards), Florida Statutes, is adopted
by reference as a Building Code of St. Lucie County, to apply to
unincorporated areas of the County. A copy of such Code shall be
filed in the office of the Community Development Dircct~r
Administrator and shall be available for public inspection during
the regular business hours of such office.
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
............. ~.. passages are deleted.
added. 97
Underlined passages are
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 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:
Chairman Havert L. Fenn
Vice-Chairman Jim Minix
Commissioner Judy Culpepper
~ .... ~ ~ ..... ~ passages are deleted.
added. 98
AYE
AYE
AYE
Underlined passages
are
oR
. 07 0 2191
Commissioner Jack Krieger AYE
Commissioner R. Dale Trefelner AYE
PASSED AND DULY ADOPTED by the Board of County
Commissioners of St. Lucie County, Florida, on this 14th day of
March, 1991.
DEPUTY CT.~RK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUP=fY, FLORIDA
COUNTY AT~
~EY
1114386
°~ .... ~ ~ ..... ~ passages are deleted.
added. 99
Underlined passages are
OR
,~07~.0 1~2 ! 92
Ree Fee ~ ~ ''~ DOUGL~S~DIxoN
109143~ Add Fee
Doc Tax $
ORDINANCE NO. 91-~t1~ Tax $,
Total $ , ~2~
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 PROHIBITING
PARKING ON BOTH SIDES OF DARTER COURT FROM
ITS INTERSECTION WITH OKEECHOBEE ROAD TO THE
EAST END; BY PROHIBITING PARKING ON BOTH
SIDES OF ENTRY ROAD FROM ITS INTERSECTION
WITH OKEECHOBEE ROAD TO THE NORTH END; AND BY
PROHIBITING PARKING ON BOTH SIDES OF PETERS
ROAD FROM ITS INTERSECTION WITH ENTRY ROAD
WEST TO ITS INTERSECTION WITH ANDREWS 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
SI. Lu¢i¢ (?,~unly
Clerk cf Circuj~ 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. After conducting traffic safety studies on Darter
Court, Entry Road, and Peters Road, the Traffic Control Division
of the Road and Bridge Division of the Public Works Department
has recommended that parking be prohibited on both sides of
Darter Court from its intersection with Okeechobee Road to the
East end; that parking be prohibited on both sides of Entry Road
from its intersection with Okeechobee Road to the North end; and
that parking be prohibited on both sides of Peters Road from its
intersection with Entry Road West to its intersection with
Andrews Avenue. The Sheriff's Department has concurred with the
recommendation.
o~ .... "~ ..... ~ passages are deleted. Underlined passages are
added.
--1--
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 both sides of Darter Court from its intersection with
Okeechobee Road to the East end; to prohibit parking on both
sides of Entry Road from its intersection with Okeechobee Road to
the North end; and by prohibiting parking on both sides of Peters
Road from its intersection with Entry Road West to its
intersection with Andrews Avenue.
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)
(b)
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.
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.
~°~ .... ~' ~..~..~ passages are deleted.
added.
--2--
A E1685
Underlined passages are
"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
intersection with Angle Road.
(200) feet of its
"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.
"Darter Court," (Both sides), from its intersection
with Okeechobee Road to the East end.
"Edwards Road," from Will Fee Road west to Maravilla
Boulevard, between the hours of 7:30 a.m. and 3:30
p.nL, Monday through Friday.
"Entry Road," (Both sides), from its intersection with
Okeechobee Road to the North end.
"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.
"Jenkins Road," within five hundred (500) feet of its
intersection with Orange Avenue (SR 68).
Struck ~..~v~..= passages are deleted.
added.
--3--
Underlined passages are
g 072 686
"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.
"Peters Road," (Both sides), from its intersection with
Entry Road West to its intersection with Andrews
Avenue.
"Sea Oats Drive," the entire length of the right 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 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.
"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 ~..~..= passages are deleted.
added.
--4--
Underlined passages are
7 2 1 6 8 7
(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.
~°~ .... ~' ~,,~ ..... v~w.,~ passages are deleted. Underlined passages are
added.
--5--
[072/ 1 [1688
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: 1091432
'91 JAN28 P3:00
Chairman Havert L. Fenn Aye
Commissioner Judy Culpepper Aye
Commissioner Jack Krieger
Aye
Commissioner R. Dale Trefelner
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
Struck through passages are
added.
15th day Of
~OARD OF COUNTY C~XHISsXONE~S
ST. LUCRE COUNTY.~PLJ3RXDA,::':::.
BY: -_ ~ _ . .... .,
deleted.
Underlined ~ are
--6--
7 2 i .6 8 9
1092973
Add Fee ,~
Doc Tax $
Iht Tax $
ORDINIlaNCE NO. 91-05
(Formerly 90-53) Total $,
Dot: C,L^S DTXO
St. Lucie County
Clerk of Circuit Court
AN ORDINANCE RELATING TO THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES ON SUNDAYS;
AMENDING SECTION 1-3-1 (HOURS OF SALE
REGULATED) OF CHAPTER 1-3 (ALCOHOLIC
BEVERAGES) OF THE ST. LUCIE COUNTY CODE OF
ORDINANCES TO ALLOW WINE, CHAMPAGNE AND BEER
TO BE CONSUMED OR SERVED ON-PREMISeS AFTER
11:00 A.M. ON SUNDAYS IN CONJUNCTION WITH THE
SERVICE OF FOOD IN ESTABLISHMENTS WHICH ARE
ACCESSORY TO AN EATING PLACE; 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 CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Currently Section 1-3-1 of the St. Lucie County Code of
Ordinances prohibits the sale, consumption or service of
alcoholic beverages in any place in the unincorporated areas of
the county holding a license under the Florida Division of
Beverages of the Department of Business Regulations between the
hours of 2:00 a.m. and 1:00 p.m. on Sundays.
2. Allowing the service or consumption of alcoholic
beverages on Sundays after 11:00 a.m. in conjunction with the
service of food is not contrary to the intent of Section 1-3-1
limiting the sale, consumption or service of alcoholic beverages
as a separate item.
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
72 5 PIE20 81
PART A. AMENDMENT OF SECTION 1-3-1 (HOURS OF SALE REGULATED) OF
CHAPTER 1-3 (ALCOHOLIC BEVERAGES) OF THE ST. LUCIE
COUNTY CODE OF ORDINANCES
Section 1-3-1 of Chapter 1-3 is hereby amended to read as
follows:
Section 1-3-1 Hours of sale regulated.
No alcoholic beverages may be sold, consumed or served or
permitted to be served or consumed, in any place in the
unincorporated areas of the county holding a license under the
Florida Division of Beverages of the Department of Business
Regulations, during the following hours:
1. b~etween the hours of 2:00 a.m. and 7:00 a.m. of the
same day on weekdays;
2. b~etween the hours of 2:00 a.m. and 1:00 p.m. on Sunday~
except that wine, champagne and beer may be consumed or served
on-Dremises after 11:00 a.m. on Sundays in conjunction with tho
service of food in establishments which are accessory to an
eating place; and
3. b~etween the hours of midnight and 7:00 a.m. on Monday,
except when December 31 shall fall on Sunday, in which event the
same closing hours shall apply as on weekdays.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to
unincorporated areas of St. Lucie County, and adopted prior to
January 1, 1969, County ordinances and County resolutions, or
parts thereof, in conflict with this ordinance are hereby
superseded by this ordinance to the exten% of such conflict.
Struck through passages are deleted. Underlined passages are
added.
--2--
0725 2082
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such
holding shall not affect the remaining portions of this
ordinance. If this ordinance or any provision thereof shall be
held to be inapplicable to any person, property, or circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified
copy of this ordinance to the Bureau of Administrative Code,
Department of State, The Capitol, Tallahassee, Florida, 32304.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon receipt of official
acknowledgement from the Office of the Secretary of State that
this ordinance has been filed in that office.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman Havert L. Fenn
Vice-Chairman Jim Minix
Commissioner Judy Culpepper
Commissioner R. Dale Trefelner
Commissioner Jack Krieger
Aye
Aye
Aye
Aye
Aye
Struck $~..~..~ passages are deleted. Underlined passages are
added.
--S--
"0725 P 2083
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 22nd day of January, 199,1~ -
:~ BOARD OF COUNTY COMMI;
,:~.~ ST. LUClE COUNTY,
CHAIRMAN
APPROVED AS TO FORM
CORRECTNESS:
ASSI'STANT C0UNT~ AT~0RNEY
109~,973
'9! F£8-6
Struck
added.
...... ~,, passages are deleted.
--4--
Underlined passages are
~O 7 2 5 1'.~'2 0 8 ~
1091429 Add Fee $
Doc Tax $
o. 2: 05
(Formerly No. ~ Tax
AN ORDINANCE AMENDING ARTICLE IV (~~
OF C~APTER 1-2 (ADMINISTm~TION) OF THE CODE
OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA,
BY CREATING DIVISION 3 (DESIGN-BUILD
CONTRACTS); BY ADDING SECTION 1-2-45
(AUTHORITY); BY ADDING SECTION 1-2-46
(FINDINGS AND DETERMINATIONS; BY ADDING
SECTION 1-2-47 (DEFINITIONS); BY ADDING
SECTION 1-2-48 (DESIGN CRITERIA); BY ADDING
SECTION 1-2-49 (SELECTION PROCEDURES) BY
ADDING SECTION 1-2-50 (DELEGATION OF
AUTHORITY) BY ADDING SECTION 1-2-51 - 1-2-60
(RESERVED); AND BY AMENDING ARTICLE V
(LOBBYIST REGISTRATION AND REPORTING) BY
RENUMBERING PREVIOUS SECTION 1-2-45 THROUGH
SECTION 1-2-49 CONSECUTIVELY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY, FILING
WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE,
PENALTIES, ADOPTION AND CODIFICATION.
St. Luei.' County
Clerk ol Circt:it Court
Deputy Clerk
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made thefollowing determinations:
1. Section 287.055 (10)(c), Florida Statutes (1989), known
as the Consultants' Competitive Negotiation Act ("CCNA"),
provides that each agency shall adopt rules or an ordinance for
the awarding of design-build contracts.
2. The Amendment of Article IV, of Chapter 1-2 of the Code
of Ordinances of St. Lucie Count~g, Florida, by adding Division 3
(Design-Build Contracts) and amending Article V by renumbering
Section 1-2-45 through Section 1-2-49 consecutively, 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 ~ ..... ~' passages are deleted.
added.
--1--
. 7 2PAIiE I 6 5 6
Underlined passages are
PART A. AMENDMENT OF ARTICLE IV (PURCHASING) OF CHAPTER 1-2
(ADMINISTRATION) OF THE CODE OF ORDINANCES OF ST. LUCIE
COUNTY, FLORIDA
Article IV of Chapter 1-2 of the Code of Ordinances of
St. Lucie County, Florida, is hereby amended by creating Division
3 (Design-Build Contracts) to read as follows:
CHAPTER 1-2
ADMINISTRATION
DIVISION 3. DESIGN-BUILD CONTRACTS
Section 1-2-45. Authority.
St. Lucie County is authorized and required by Section
287.055, (10)(c), Florida Statutes (1989), to adopt an ordinance
governing the awarding of design-build contracts.
Section 1-2-46. Findings and Determinations
The Board of County Commissioners of St. Lucie County has
hereby found that in view of the rapidly increasing demand for
public construction projects in St. Lucie County, methods for
economizing time and costs in the construction of such projects
are needed and that it is both time and cost effective in certain
instances to award a single contract for both the design and
construction of a public construction project.
Section 1-2-47. Definitions.
Design-build firm means a partnership, corporation, or other
legal entity which:
(1) Is certified under Section 489.119, Florida Statutes,
to engage in contracting through a certified or
registered qeneral contractor or a certified or
reqistered building contractor as the gualifying
agent; and
~ .... " ~ ..... ~ passages are deleted.
added.
--2--
OR
..072t 657
Underlined passages are
(2)
Is certified under Section 471.023, Florida Statutes,
to practice or to offer to practice engineering;
certified under Section 481.219, Florida Statutes, to
practice or offer to practice architecture; or
certified under Section 481.319 to practice or to
offer to practice landscape architecture.
Desiqn criteria packaqe means concise, performance-oriented
drawings or specifications of the public construction project.
The purpose of the design criteria package is to furnish
sufficient information so as to permit desi_qn-build firms to
prepare a bid or a response to an aqency's request for proposal,
or to permit an agency to enter into a negotiated design-build
contract. The design criteria package shall specify such
performance-based criteria for the public construction project,
including, but not limited to, the legal description of the site,
interior space requirements, material quality standards,
schematic 1.a¥out and conceptual design criteria of the project,
cost or budqet estimates, design and construction schedules, site
development requirements, provisions for utilities, storm water
retention and disposal, and parking requirements, as may be
applicable to the project.
Desiqn criteria professional means a firm who holds a
current certificate of registration under Chapter 481, Florida
Statutes, to practice architecture or landscape architecture or a
firm who holds a current certificate as a reaistered engineer
under Chapter 471, Florida Statutes, to practice engineering and
who is employed by or under contract to the aqenc¥ for the
°~ ' ~= ..... ~ deleted
............ ~,. passages are .
added.
--3--
& O72t [1658
Underlined passages are
providing of professional architect services, landscape architect
services, or engineering services in connection with the
preparation of the design criteria package.
Firm means any individual, firm, partnership, corporation,
association, or other legal entity permitted by law to practice
architecture, engineering, or land surveying in the state.
County means St. Lucie County, Florida.
Board means Board of County Commissioners of St. Lucie
County, Florida.
County Administrator means the County Administrator of St.
Lucie County, Florida, or his designee.
Section 1-2-48. Design Cri~erla.
A. Design Criteria Package.
~. All design-build projects require a design criteria
package to define the project parameters which are
to be used to evaluate and govern the proposal.
This design criteria package consists of concise
performance oriented drawings or specifications, or
both, of the project. The criteria shall include
the requirements set forth in Section 287.055(2)(j).
2. The design criteria package shall be prepared and
sealed by a design criteria professional employed by
or retained by the County.
B. Design Criteria Professional
1. Acceptable entities who may act as the design
criteria professional include, but are not limited
to:
a. Licensed professional engineers, architects
and landscape architects employed by the
County.
b. A licensed engineering, architectural, or
landscape architectural firm providing
management services to the County where the
~= .... '- ~= ..... = passages are deleted.
added.
--4--
OR
P G£1659
Underlined passages are
County has the authority to request such
services and the firm was selected pursuant to
Section 287.055, Florida Statutes.
Engineering, architectural, and landscape
architectural firms selected by the County
pursuant to Section 287.055, Florida Statutes,
to be the design criteria professional.
A design criteria professional who has been selected
to prepare the design criteria package shall not be
eligible to render services under a design-build
contract executed pursuant to the design criteria
package.
3. The County Administrator shall consult with the
design criteria professional concerning its duties
which include, but are not limited to:
evaluation of the responses or bids submitted
by the design-build firms,
supervision or approval by the County of the
detailed working drawings of the project; and
evaluation of whether the project construction
complies with the design criteria package.
Section 1-2-49. Selection Procedures.
A. Public Announcement.
The County Administrator shall publicly advertise in a
uniform and consistent manner the fact that design-build
services are required on each occasion when design-build
services are required except in cases of valid public
emergencies as declared by the Board. The advertisement
shall include a general description of the project and
shall indicate how, and the time within which,
interested design-build firms may apply for
consideration.
B. Legal Qualifications.
Any firm or individual desiring to provide design-build
services to the Board must first be determined legally
qualified.
Such legal qualifications are:
~°~" ~..~..~ passages are deleted.
added.
--5--
OR
., 072L $60
Underlined passages are
1__ Firms must be properly certified to engage in
contracting through a certified or registered
general contractor or a certified or registered
building contractor as the qualifying agent; and
m
Firms must be properly certified or licensed or
practice or to offer to practice engineering,
architecture, or landscape architecture; and
3. The firm shall be duly qualified to perform its
proposed service under any other applicable law.
C. Professional Services Committee.
A Professional Services Committee (PSC) appointed by the
County Administrator shall be used to select design-
build firms for recommendations to the Board.
D. Request for Proposals.
The County Administrator shall develop a Request for
Proposals (RFP) to solicit proposals from interested,
qualified design-build firms. The RFP shall contain as
a minimum the following:
1. The design criteria package.
2. Basis and method for selection.
3. Requirements for determining qualifications of firms
submitting proposals.
4. Terms and conditions of the proposed agreement.
5. Other items as required by procedure, laws,
ordinance, or prevailing circumstances.
Section 1-2-50. Delegation of Authority.
In addition to the general selection procedures set forth in
this Ordinance, the County Administrator shall implemen~
selection procedures which shall include but are not limited to:
A. Specific RFP requirements;
B. Oral presentation, where appropriate;
C. Method of scoring and ranking;
D. Accelerated procedures, where appropriate; and
E. Method of evaluating performance of design-build firms.
~°~'- ==~..~..~ passages are deleted.
added.
--6--
7 2 4- PA6Ei 6 6 I
Underlined passapes are
Section 1-2-51 - 1-2-60. Reserved.
PART B. AMENDMENT OF ARTICLE V (LOBBYIST REGISTRATION AND
REPORTING) OF CHAPTER 1-2 (ADMINISTRATION) OF THE CODE
OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA
Article V of Chapter 1-2 of the Code of Ordinances of
St. Lucie County, Florida, is hereby amended by renumbering
Sections 1-2-45 through 1-2-49 consecutively to read as follows:
ARTICLE V. LOBBYIST REGISTRATION AND REPORTING
Section 1-2-4~61. Title.
This ordinance shall be referred to as the "St. Lucie County
Lobbyist Registration, Disclosure and Reporting Law.
Section 1-2-4662. Definitions.
As used in this ordinance, the following words shall have
the following meaning:
(a) "Board" means the Board of County Commissioners of St.
Lucie County, Florida.
(b) "Clerk" means Clerk of the Circuit Court for St. Lucie
County, Florida.
(c) "County" means St. Lucie County, Florida.
(d) "County Attorney" means the Person appointed by the
Board to serve as its counsel, or the designee of such Person.
(e) "Lobbyist" means a person who advocates, urges or seeks
to encourage the passage, defeat or modification of any item
pending before the Board or the hiring/retaining of any
consultant for any paid or promised compensation or valuable
°~ .... '- ~ ..... ~ passages deleted
~ ~ ~ ,...~.,.,~.~.. are .
added.
--7--
, 0724 P £1662
Underlined passages are
consideration either directly or indirectly, expressly or
implied.
(f) "Person" means an individual, corporation, governmental
agency, business trust, estate, trust, partnership, association,
two (2) or more persons having a joint or common interest, or any
other legal entity.
(g) "Professional Consultant"
contractor who provides assistance
means an independent
in support of County
operations in one of the following professional fields:
(1) Medical Services - medicine, psychiatry, dental,
hospital, and other health professionals.
(2) Legal Services - attorneys and legal professionals.
(3) Financial Services - bond counsel, rating and
underwriting, financial advisor, and investment
services.
(4) Architect and Engineering Services - architect,
engineering, landscape architecture, or land
surveying services.
(5) Appraisal Services - real and personal property
appraisers.
(6) Audit and Accounting Services - auditors and
accountants.
(7) Consultants - planning, management, or scientific
advisors.
Section 1-2-4~63. Disclosure of Lobbyists by Professional
Consultant Required.
(a) No Professional Consultant shall submit any proposal to
the Board for the performance of any services unless full
disclosure is made prior to or concurrently with the submission
of the proposal. The disclosure requirements herein shall be
~& .... 1. &~ ..... ~ passages are deleted.
added.
--8--
, 0724663
Underlined passages are
continuing, and the consultant shall have the obligation to amend
any disclosure filed or file appropriate disclosures with the
Clerk upon utilization of the services of a lobbyist as defined
herein whether same occurs before or after the employment of the
consultant. Such disclosure shall include the following:
(1) The name of any Lobbyist, employed directly or
indirectly by the consultant for the purpose of
influencing or attempting to influence the
selection of the professional consultant by the
Board.
(2)
(3)
The name and address of the Lobbyist.
The length of such agreement, contract or
understanding and the amount of any fee, gratuity,
compensation or consideration paid or promised to
be paid to the lobbyist either before or after
hiring whether or not same is set out as
compensation for the lobbying or is for other
services.
(b) The disclosure shall be filed with the Clerk on forms
provided by the County and such records shall be open to the
public.
Section 1-2-4864.
Lobbyist Registration and Reporting
Requirements.
(a) A Lobbyist who receives compensation directly or
indirectly on an item before the Board shall register with the
Clerk prior to engaging in any lobbying activity within the
County or with any Commissioner or County employee unless such
representation has been publicly announced or will be publicly
announced prior to Commission action. This shall be a continuing
requirement. Every Person required to register as a Lobbyist
shall register on forms provided by the County and shall state
Struck tP~ough passages are deleted.
added.
--9--
, 0724 £1664
Underlined passages are
under oath his name, business address, and the name and business
address of each principal represented. A separate registration
form shall be required for each principal represented. Ail
registrations shall be open to the public.
(b) A Lobbyist, when in doubt about the applicability and
interpretation of this section in a particular context, shall
submit in writing the facts for an advisory opinion to the County
Attorney. All advisory opinions of the County Attorney shall be
numbered, dated, and furnished to the Board and shall be open to
public inspection.
(c) The Clerk shall keep all advisory opinions of the
County Attorney relating to Lobbyists and lobbying activities, as
well as a current list of registered Lobbyists and their
respective reports required under this section, all of which
shall be open for public inspection.
Section 1-2-4965. Exemptions.
The following persons shall not be required to register as
Lobbyists:
(a) County employees acting in the scope of their county
employment;
(b) Law enforcement personnel conducting an investigation;
and
(c) Persons who communicate with Board members to express
support of or opposition to any item pending before the Board in
their individual capacity for the purpose of self-representation,
or on behalf of their immediate family, without compensation or
reimbursement.
'- .... passages are deleted.
added.
-10-
665
Underlined passages are
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to
unincorporated areas of St. Lucie County, and adopted prior to
January 1, 1969, County ordinances and County resolutions, or
parts thereof, in conflict with this ordinance are hereby
superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such
holding shall not affect the remaining portions of this
ordinance. If this ordinance or any provision thereof shall be
held to be inapplicable to any person, property, or circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
PART D. 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.
~ .... '- ~ ..... ~ passages deleted
,,., ,..,. ,.,,.,,~ ,..,,.,.,.,,.,~,, are .
added.
, 1666
Underlined passages are
PART F. PENALTIES.
Violation of this ordinance is a misdemeanor pursuant to
Section 125.69, Florida Statutes, and is punishable under said
section by imprisonment for up to sixty (60) days, or a fine of
up to $500.00, or both such imprisonment and fine.
Violation of this ordinance, as it relates to the
hiring/retention of consultants, may also result (at the option
of the County) in the termination or voiding of the contract
entered into with that consultant.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
PART H.
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 H shall not be codified.
~ .... '- ~ ..... ~ passages are deleted.
added.
7 2 4 1 S 7 - 12-
Underlined passages are
PASSED AND DULY ADOPTED this 15th day of January, 1991.
ATTEST:
BOARD OF COUNTY C0~i~F~ONERS
ST. LUCIE COUNTY:;
APPROV~ AS TO FO~'~
CO~ ~
1091429
91 J~28 P2:56
Si LUCF' ~r:UNT ~, ~
Struck ~ ..... = passages are deleted.
added.
-13-
~0724-~1668
Underlined passages are
1113847
Int Tax $
o i cE NO. 91- '6'
DC) TGLa, q ~IXON
Add Fee $ . ~ St. I.ucie County
Doc Tax $ Clerk of Circuit Court
By ~ ~
DelSey Clerk
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
LAND DEVELOPMBNTCODE BY: AMENDING CHAPTER II
(DEFINITIONS) BY ADDING DEFINITIONS FOR
'NONPROTECTED VEGETATION' AND 'PROTECTED
VEGETATION' AND DETmTING THE DEFINITION FOR
'PLANT SPECIES, PROHIBITED'; AMENDING SECTION
6.00.00 (VEGETATION PROTECTION AND
PRESERVATION) BY AMENDING SUB-SECTION 6.00.01
(INTENT), SUB-SECTION 6.00.03 (VEGETATION
RBMOVALPERMITHEQUIRED), SUB-SECTION 6.00.04'
~EXEMPTIONS), AND SUB-SECTION 6.00.05
(CRITERIA GOVERNING ISSUANCE OF PERMIT);
AMENDING SECTION 7.09.00 (LANDSCAPING AND
SCREENING~BY AMENDING SUB-SECTION 7.09.02
(APPLICABILITY) AND BY ADDING SUB-SECTION
7.09.04.1 (LANDSCAPING HEQUIHEM~NTS FOR
RBSIDE.~IAL STRUCTURES OF THREE OR FEWER
UNITS);~AMBNDING SECTION 11.05.04 (MANGROVE
ALTERATION PERMITS) BY AMENDING SUB-SECTION
11.05.04.C. (APPEAL FROM PERMIT DENIAL);
AMENDING SECTION 11.05.06 (VEGETATION REMOVAL
PERMITS); AMENDING SECTION 11.11.00 (APPEALS)
BY AMENDING SUB-SECTION 11.11.01 (GENSR~I~);
PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
APPLICABILITY; PROVIDING FOR FILING WITB THE
FLORIDA DEPARTMENT OF STATE; PROVIDING FOR
EFFECTIVE DATE; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR ADOPTION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. On November 7, 1989, the Board of County Commissioners of
St. Lucie County, sitting as the St. Lucie County Environmental
Control Board, passed and adopted Environmental Control Ordinance
No. EC-89-04, which added the "Interim Vegetation Protection and
Preservation Ordinance" to Chapter 1-7.6, Environmental Control, of
the Code of Ordinances of St. Lucie County. The purpose of the
~ .... ~ ~ ..... ~ passages are deleted. Underlined passages are
added.
--1--
7/, 08 7 8
preservation of valuable existing native vegetation pending
enactment of a permanent vegetation protection and preservation
ordinance as required under the St. Lu¢ie County Comprehensive
Plan. Ordinance No. EC-89-04 provided further that the "Interim
Vegetation Protection and Preservation Ordinance" would be
automatically repealed on August 1, 1990 or upon enactment of a
permanent vegetation and preservation ordinance, whichever came
first.
2. On July 26, 1990, the Board of County Commissioners of St.
Lucie County, Florida, passed and adopted Ordinance No. 90-36,
which established the St. Lucie County Land Development Code. The
"Interim Vegetation Protection and Preservation Ordinance", as set
forth in the Code of Ordinances, was incorporated into the Land
Development Code at Sections 6.00.00 (Vegetation Protection and
Preservation) and 11.05.06 (Vegetation Removal Permits) to be
effective on August 1, 1990.
3. In order to clarify certain portions of the "Interim
Vegetation Protection and Preservation Ordinance", to provide a
revised permitting procedure, and to enact a permanent vegetation
protection and preservation ordinance as contemplated by Ordinance
No. EC-89-04, it is necessary to amend Chapter II and Sections
6.00.00 and 11.05.06 of the St. Lucie County Land Development Code.
4. In addition, in order to require certain minimal
landscaping for residential structures of less than three units
...... ~.. passages are deleted.
added.
-2-
Underlined passages are
7 4 0 PA6E'O 8 7 9
interim ordinance was to provide for the interim protection and
which are exempt from the existing landscaping requirements of the
St. Lucie County Land Development Code, it is necessary to amend
Section 7.09.02 of the Code and to add Section 7.09.04.I to the
Code.
5. The proposed amendments to the St. Lucie County Land
Development Code are consistent with the general purpose, goals,
objectives and standards of the St. Lucie County Comprehensive Plan
and are in the best interest of the health, safety, and public
welfare of the citizens of St. Lucie County, Florida.
6. On February 28, 1991, the Local Planning Agency/St. Lucie
County Planning and Zoning Commission held a public hearing on the
proposed ordinance after publishing notice in The Tribune, a
newspaper of general circulation within St. Lucie County, at least
fifteen (15) days prior to the hearing and recommended that the
proposed ordinance be adopted as drafted.
7. On March 14, 1991, this Board held its first public
hearing on the proposed ordinance, after publishing a notice of
such hearing in The Tribune on March 5, 1991.
8. On April 11, 1991, this Board held its second public
hearing on the proposed ordinance, after publishing a notice of
such hearing in The Tribune on April 4 1991. After discussion of
the proposed ordinance, the second public hearing was duly
continued by the Board until May 14, 1991, to allow staff
additional time to address concerns raised at the hearing.
9. On May 14, 1991, the Board resumed the second public
...... ~.. passages are deleted. Underlined passages are
added.
--3--
7/+ 0 P 0880
hearing, after publishing a notice of the continued second public
hearing in The Tribune on May 6, 1991.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. AMENDMENT OF SECTION 2.00.00 (DEFINITIONS) OF THE ST.
LUCIE COUNTY LAND DEVELOPMENT CODE.
Section 2.00.00 of the St. Lucie County Land Development Code
is hereby amended to read as follows:
2.00.00 DEFINITIONS
A_~. VEGETATION, NONPROTECTED: The following species are
defined as nonprotected plant species for the purpose of
this Ordinance:
1. Ail species of Casuarina, including Australian pine;
2. Enterolobium cycocarpum: ear pod tree;
3. Melia azedarach: Chinaberry;
4. Schinus terebinthifolius: Brazilian pepper tree;
5. Melaleuca quinquenervia: Melaleuca, punk or paper
tree;
7.
8.
9.
........... passages
added.
Albezzia lebbeck:
Grevilla robusta:
Mother's tongue;
Silk oak;
Jacaranda acutifolia: jacaranda;
Eucalyptus: all species;
Sapium sebiferum: Chinese tallow tree;
Albizzia julibrissin: M{mosa.
VEGETATION, PROTECTED:. All vegetation other than:
1. Nonprotected plant species; or
are deleted.
Underlined passages are
0 8 81
Non-native fruit trees that are cultivated or grown
for the specific purpose of producing edible fruit
including, but not limited to, mangoes, avocados,
or species of citrus; or
Trees that are less than five (5) inches DBH or, if
tropical hardwood hammock trees, less than three
(3) inches DBH; or
4. Grasses.
1
PART B.
AMENDMENT OF SECTION 6.00.01 (INTENT) OF TI~ ST. LUCIE
COUNTY LAND DEVELOPMENT CODE.
Section 6.00.01 of the St. Lucie County Land Development Code
is hereby amended to read as follows:
6.00.01 I~T~NT
It is the intent of the Board of County Commissioners to
provide for the health, safety, and welfare of the residents of and
visitors to St. Lucie County by establishing an administrative
review process which encourages preservation of native habitat in
accordance with the St. Lucie County Comprehensive Plan and
beneficial land and forest management practices by
minimizing the unnecessary removal of valuable existing vegetation
.....v ~.. passages are deleted.
added.
-5-
Underlined passages are
in advance of approved land development within the unincorporated
area of St. Lucie County. In addition, it is the intent of the
Board ~-~..~ ~°~-~A-~v.. ~ intcndcd to prevent such destructive land
development practices as speculative grubbing and clearcutting of
land ---~- pl
...... o .... ~-~ -~ dcvclopmcnu without a site an or ~e
eem~a~4~evegetation management plan.~- _c~n ~ d ~ .... ~c
PART C. AMENDMENT OF SECTION 6.00.03 (VEGETATION REMOVAL PERMIT
REQUIRED) OF THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE.
Section 6.00.03 of the St. Lucie County Land Development Code
is hereby amended to read as follows:
6.00.03 VEGETATION REMOVAL PERMIT REQUIRRn
remove or alter protected vegetation from or on any lot
or parcel of land or portion thereof in the
unincorporated area of St. Lucie County without first
obtaining a ~_Vegetation ~Eemoval p~ermit from the
Community Development Administrator ~ .... ~-~-~ unless
......... ~ ~ Section 6 00 04 of this Code.
exempt under
Be
Unless otherwise provided for in this ~ Code, all
public_ ..... ~..~A- entities including ~. ..... ~ v ....
~ubdiviuicn= all departments of St. Lucie County
government, shall be subject to the requirements of this
Section. Public agcnciuo entities, however, shall not be
subject to:
(1)
The permit application fees cutabli=hcd by under
Section 11.05.06.B.5 of this Code; or
(2) The penalties --~-~~ ~-. under Section 11 13 02
of this Code.
The provisions of this Section m~y be suspended or waived
by the Community Development A~m{nistrator durinq a
period of emergency officially declared by the Board of
County Commissioners.
PART D.
AMENDMENT OF SECTION 6.00.04 (EXEMPTIONS) OF THE ST.
LUCIE COUNTY LAND DEVELOPMENT CODE.
...... ~.. passages are deleted.
added.
-6-
Underlined passages are
I , 0883
Section 6.00.04 of the St. Lucie County Land Development Code
is hereby amended to read as follows:
6.00.04 EXEMPTIONS
Notwithstanding anything to the contrary in this Chapter, the
~A~ .... ~ iti
- ........ * ~-~ activ es set forth below shall--~LA ----~ .... .~.~"~-- without
not requ re the issuance of a ~_Vegeta on
~Removal_ ~ermit.in 6u-~..~ =itua.~^n~__ bclc~. The burden of proving
entitlement to any particular exemption shall lie, at all t~es,
with the person cla~minq the exemption. These exemptions shall not
aDDlv to the removal or alteration of any mangrove tree or dune
vegetation.
The removal ~-~--~ ....... ~-~
......... ~, ~ ....... ~ or alteration of
unprotected vegetation as necessary for+ the followinq
activities:
The clearing of a path not to exceed four (4) feet
in width to provide physical access or view
necessary to conduct a survey or site examination
for the preparation of bona fide site development
plans or vegetation =urvcyo inventories, or
The clearing of a path not to exceed ten (2010)
feet in width to provide vehicular access
necessary to conduct soil percolation and/or soil
bore tests~..~ ~-..-~-~, provided such clearing or
removal is conducted under the direction of ~
Florida registered surveyor or engineer.
Any person who intends to remove or alter protected
vegetation pursuant to the above exemption must notify
the Community Development Aam{nistrator in writing at
least two (2) days prior to the commencement of the
removal or alteration.
B. Routine landscape maintenance such as trimming or pruning
of protected vegetation which is not intended to result
in the eventual death of the~_~ ~-"-... veqetation, mowing of
yards or lawns, or any other landscaping or gardening
...... ~.. passages are deleted· Underlined passages are
added.
7 0 8 8
activity which is commonly recognized as
maintenance,or replacement or relandscaping.
routine
The removal, ~--~"~-~--~.~..=, ~ru_in~- ~ or alteration of any
or protected vegetation in an existing utility easement
or right-of-way provided such work is done by or under
the control of the operating utility company and
that company has rcccivcd obtained all necessary licenses
or permits to provide utility service w~ through the
easement.
D®
The removal .... n~-- ~-~--~--
= ..... ~, .......... ~ or alteration of any trcc
or protected vegetation for the purpose of maintaining,
but not expanding existing access to a site.
E®
..... = p ec e
.. ~ .... The removal or alteration of rot t d
vegetation conductcd undertaken by a lawfully operating
and bona fide commercial nursery, tree farm, agricultural
operation, ranch, or similar operation,
a-~i--i~--~ . ~ oocur~ provided that the removal or alteration
is performed on land owned or lawfully occupied by the
person conducting -"-aid that activity the above operation
and s done performed ~' - ~' ~ -~ -- -' ~
p ti
pursuant to that o era on. . - ..... ~- -~-~
~"- removal or ~ .......
dcvclcpmcnt When ._: ....... ----
alteration of protected vegetation, other than routinm
maintenance, has been perfo~ed under this exemption~
~ ....... , ................... eve o ment or er
shall thc ~e approved for any nonagricultural other use
or ~provement on the s~e sitc land within
~rubbing. either:
Two (2) years from the date of completion of such
vegetation removal or alteration provided that an
agricultural classification has been granted for
that land by the St. Lucie County Property
Appraiser; or,
Five (5) years from the date of completion of such
vegetation removal or alteration if no agricultural
classification has been granted by the St. Lucie
County Property Appraiser.
No removal or alteration of protected vegetation shall be
conducted pursuant to this exemption unless the person
conducting that removal or alteration notifies the
~ .... " ~ ..... ~ passages are deleted. Underlined passages are
added.
--8--
0740 8 8 5
Community Development ~m~nistrator, in writing, of the
intent to remove or alter protected veqetation pursuant
to this exemption at least ten (10) days prior to the
initiation of the removal or alteration·
The removal of &ny trcc protected vegetation which has
been destroyed or damaged beyond saving by natural causes
or causes not covered by other sections of this Codc
Chapter or which constitutes an immediate peril to life,
property, or other trees.
.... z .~.-.-on The removal or ~rubbing alteration of
protected veqetation, except mangrove or dune vegetation,
upon any detached single family residential lot or parcel
of land having an area of one (1·0) acre or less~
..... ~ This exemption is, however,
~ ........ subject to the
following conditions:
Nothinq in this exemption shall exempt any person
from the landscaping requirements set forth in
Section 7.09.00 of this Code;
~his exemption shall not be construed to allow
......~-~~- the removal or ~-ru~bin-~ alteration of
protected vegetation without a Vegetation Removal
~ermit on any ~uck exempted lot or parcel of land
by its subdivider~ unless the subdivider intends in
good faith to fortk'~itk bc~in construction of a
........ ~ residential unit or units upon ~aid the
lot or parcel of land prior to its sale.
Advertisement or listing
the lot or parcel of land for sale without tko
~clling a residential unit shall create a
presumption that the subdivider does not inten%d_to
~^~'"~ ~-~ ..... ~ construction such a unit and
that the intent is for ~-
~ ~- -z a subsequent purchaser to develop
the lot or parcel·
He
Vegetation removal or alteration --~kich io required to bc
rcmovcd by law, ordinance, or the lawful exercise of some
other public or ~ qovernmental authority.
Mininq activities undertaken pursuant to a valid m{ning
permit issued under Section 11.05.11 of this Code.
J. The removal or alteration of nonprotected vegetation.
.......~ · passages are deleted·
added.
Underlined passages are
-9-
0 88 6
PART
AMENDMENT OF SECTION 6 . 00 . 05 (CRITERIA GOVERNING ISSUANCE
OF PERMIT) OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE.
Section 6.00.05 of the St. Lucie County Land Development Code
is hereby amended to read as follows:
6.00.05 CRITERIA GOVERNING ISSUANCE OF PERMIT
A. CRITERIA FOR ISSUANCE
The Community Development DircctorAdministrator shall
grant issue a ~Vegetation ~Removal ~ermit
thatonly if a completed application Ks accompanied by
sufficient evidence demonstratinq that at least one of
the following criteria has been satisfied
Removal e~ or alteration of protected vegetation is
necessary in order to: a Ii_mplement a bona fido
~"~4-~ -~ .... . ~ ..... ~-..~..~4- ~-'~-.., Final Development Order.
....· -~.. passages
added.
are deleted.
-10-
Underlined passages are
7 0 8 B 7
A Final Development Order has not been issued, or
is not required by this Code for the intended
non-aqricultural use of the land and,
a. The proposed removal or alteration of
protected veqetation is not to be performea
pursuant to the operation of a tree farm,
commercial nursery, agricultural operation,
ranch or similar operation; and,
The proposed removal or alteration of
protected veqetation is the m~D~mnm necessary
for the intended use or ~mprovement; and,
The applicant has provided the Community
Development Administrator a written plan to
control erosion which may be expected to occur
as a result of the proposed veqetation
......-u · passages are deleted.
added.
Underlined passages are
-11-
OR
[0888
alteration or removal. The erosion control
plan must be approved by the Community
Development Administrator prior to th~
commencement of any vegetation removal or
alteration. All provisions of the plan shall
be incorporated as express conditions of any
permit issued under this paragraph.
The protected veqetation is located within an
existinq or proposed riqht-of-way,
easement, drainaqe easement or
management tract or facility.
utility
stormwater
The protected veqetation is located where it
interferes with the construction of th,
improvements on a particular lot or parcel of land.
Se
The protected veqetation is located where it
creates or will create a safety or health hazard,
or a nuisance with respect to existinq or propose~
structures or vehicle or pedestrian routes.
B__=. LIMITING REMOVAL OR ALTERATION
The extent of approval to remove or alter vegetation
shall be limited by the Community Development Dircctor
Administrator to the minimum necessary to accomplish the
purpose of the removal opcration or alteration. This may
include limiting the extent of approval to portions of a
lot or parcel of land or specifying special conditions by
which removal shall take place. Such limitation shall be
clearly indicated in writing in on or attached to the
~_Vegetation ~emoval ~ermit. If vegetation removal is
limited to a portion of a lot or parcel of land, the
extent of such limitation shall be clearly delineated on
the face of any site development plans.
C. VEGETATION PROTECTION STANDARDS
The following minimum standards for vegetation protection
shall be applied to any area of vegetation designated for
~ ........... = ............. preserved under the
terms of an approved Veqetation Removal Permit:
A suitable protective barrier, constructed of
metal, wood, or other durable material, shall be
placed around individual protected trees, as
follows:
a. At a minimum distance of six (6) feet or more
...... =.. passages are deleted. Underlined passages are
added.
-12-
0 P ,I;EO 8 8 9
from all species of mangroves; or
At a minimum distance of either six (6) feet
or two-thirds (2/3) of the radius of the
dripline from all protected hardwood trees,
whichever is greater; or
At a minimum distance of either six (6) feet
or the radius of the dripline from all
protected conifer trees, whichever is greater;
or
At a minimum distance of two (2) feet from the
trunk of all protected palm trees; or
~9. As otherwise provided in special conditions
attached to a v~egetation ~emoval ~ermit.
Unless otherwise provided by law or in the terms of
special conditions ~--~..~A~ .
......... mn attached to a
v~egetation ~Eemoval ~ermit, groups of protected
trees or areas of vegetation to be preserved shall
not require protective barriers. However, such
areas shall be prominently highlighted by the
installation of stakes at a maximum of fifty (50)
feet apart· Ropes, plastic tape, ribbons, or
similar material shall be attached to the stakes
around the perimeter of the protected area. No
marking materials shall be attached to a protected
tree. Special care shall be taken that
preservation areas are properly marked so that
equipment operators can see the limits of permitted
removal activity.
0
Protective barriers or protective designations
shall remain in place until ~ ...... removal is
authorized ~ A ~ rcm~vcd by ....... : ~ ~ the
ity
Commun Development n ~ ~ ; ..... ~: .~
Administrator or until rcccipt issuance of a
certificate of occupancy.
The entire vegetation preservation
either be:
area shall
a. Maintained in its natural state; or
b. Provided with permeable landscape material,
such as grass, ground cover, or mulch; or
c. Designed to conform to the landscaping
Struck through passages are deleted. Underlined passages are
added.
-13-
OR
0 890
requirements of _A_ io- ~ n ..
~t ..... 9.nn this Code·
No grade changes shall be made within the
vegetation preservation area which require
trenching or cutting of roots, except in compliance
with the terms of special conditions in an approved
~_Vegetation ~emoval D~ermit. Ditching for
underground irrigation and utility lines within
vegetation protection areas shall be done in a way
that plant root systems are protected to the
greatest extent possible.
No soil shall be removed from within a vegetation
preservation area.
No fill material, construction material, concrete,
paint, chemicals, or other foreign materials shall
be stored, deposited or disposed of within a
vegetation preservation area.
No signs, permits, wires, or other attachments,
other than those of protective and non-damaging
nature, shall be affixed or attached to protected
vegetation.
If landscaping is to be installed within a
vegetation preservation area after removal of
protective barriers or designations, installation
shall be accomplished using light machinery and
hand labor.
10.
Heavy machinery shall not be driven, parked, or
stored within designated vegetation preservation
areas.
SUPPLEMENTAL STD~DD~D£ REOUIREMENTS
~he Community Development Dircctor Administrator may
impose supplemental requirements as a special condition
of a~_Vegetation ~emovalD~ermit when necessary to carry
out the intent of this Section· These supplemental
standards shall be based upon the suggested standards in
the latest edition of the "Tree Protection Manual for
Builders and Developers" published by the Division of
Forestry of the Florida Department of Agriculture and
Consumer Services, or a similarly recognized reference
manual·
~ I .~ ,_~ deleted
......... passages
......... are
added.
-14-
Underlined passages are
7 0 P, EO 8 91
PART F.
AMENDMENT OF SECTION 7.09.02 (APPLICABILITY) OF TWR ST.
LUCIE COUNTY LAND DEVELOPMENT CODE.
Section 7.09.02 of the St. Lucie County Land Development Code
is hereby amended to read as follows:
7.09.02 APPLICABILITY
The~-v.~__v.._~-~-- landscapinq requirements of this e~ection ~
..... ~ ~-v ~-..--v .... ~..~-- shall apply to all non-residential uses
(regardless of site plan status), mobile homes, and multiple-family
residential uses· Sinqle-family, two-family, and three-family
residences must comply only with Sections 7.09.03 and 7.09.04.I of
this Code· Bona-fide agricultural uses and operations are exempt
from the provisions of this Section, except for that portion of the
activity involving the retail sale of materials produced on site.
PART G.
ADDITION OF SECTION 7.09.04.I (LANDSCAPING REQUIREMENTS
FOR RESIDENTIAL STRUCTURES OF THREE OR FEWER UNITS)
Section 7.09.04 of the St. Lucie County Land Development Code
is hereby amended by the adding of Section 7.09.04.I, to read as
follows:
7.09.04
GENERAL LANDSCAPING REQUIREMENTS
LANDSCAPING REQUIRE~NTS FOR RESIDENTIAL STRUCTURES OF Ttt~RR
OR FEWERUNITS
Any new residential structure containinq one (1), two (2), or
three (3) units must preserve or plant one (1) tree for every
2,500 square feet of the subject lot or parcel of land.
Ail trees preserved or planted in order to meet this
landscapinq requirement shall meet the standards of Section
7.09.03.C.2. of this Code.
PART H.
AMENDMENT OF SECTION 11.05.04 (MANGROVE ALTERATION
PERMITS) OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE.
Section 11.05.04 of the St. Lucie County Land Development Code
is hereby amended by amending Section 11.05.04.C to read as
follows:
11.05.04 MANGROVE ALTERATION PERMITS
...... ~.. passages
added.
are
deleted.
-15-
Underlined passages are
7/+ 0 8 9 2
11.05.04.C APPEAL FROM PERMIT DENIAL
Any final action by.the Community Development Administrator may be
appealed to the -nvirc~cn~a~ ~-~ Board of Adjustment in
accordance with Section 11.11.00 of this Code.
PART I.
AMENDMENT OF SECTION 11.05.06 (VEGETATION REMOVAL
PERMITS) OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE.
Section 11.05.06 of the St. Lucie County Land Development Code
is hereby amended to read as follows:
11.05.06 VEGETATION REMOVALPERMITS
A. .... GENERAL ,m~mam?m~,. ------ ~..~ --~-. ..--o~'n"~m..~ ..-- -- PERMIT REQUIRED
shall remove or alter protected vegetation from or
on any lot or parcel of land ur~-cr.ion~ ~hcrccf~ in
the unincorporated area of St. Lucie County without
first obtaining a ~egetation~_Removal ~ermit from
the Community Development Administrator, Dircct=r
unless exempt under Section 6.00.04 of this Code.
Any person desiring a Vegetation Removal Permit
shall make written application to the Community
Development Dircctcr Administrator upon using forms
provided by the~_~rcc~cr~ Administrator.
Unless exempt under Section 6.00.04 of this Code, a
Vegetation Removal Permit shall be required with
all site plans submitted in accordance with Section
11.02.00.
B_~. APPLICATION REQUIREMENTS
added.
The application form shall be accurately completed,
signed, ........ ~-~. ..~-~"~- .~ by the land owner or his
agent and notarized· If the application is
submitted by an agent, it shall include a notarized
....... ~ ly i di ti g th
~ ~ ....... statement clear n ca n at
the land owner has delegated full authority to th9
agent to apply for the permit and to that the owner
~ "v~ any special conditions which
accepts thc ~rm_ ~
may be imposed by the Community Development
Dircctor Administrator in
- ~ ....... pursuant
to this F~=e~-ie~Code. m~
passages are deleted.
Underlined passages are
-16-
07/ 0
inc~ ~in~ ' -
Each application for a Veqetation Removal Perm{t
shall be accompanied by a veqetation inventory
which shows:
The approximate location, extent and genera]
type of all veqetation on the subject lot or
parcel of land, includinq common or scientific
names of the maior groups of vegetation;
be
Ail protected veqetation proposed for either
removal or preservation;
Ce
The proposed buildinqs, structures, driveways,
and other improvements drawn to scale; and
d___~e
The individual locations of all protected
trees of twelve (12) inches DBH or greater
within all proposed ~mprovement areas and
within twenty (20) feet of all proposed
improvement areas. For the purposes of this
requirement, improvement areas shall include
all subdivision lot lines and m~x~m,,m
...... ~., passages are deleted.
added.
-17-
Underlined passages are
7 4 0 8 9 4
buildable areas, as identified in Section
ll.02.10(A)(3)(d).
The Community Development--.__.v.~-A-4.~- Administrator
may require that the application include such
additional information ---~-1` 4 ........ ~ ~
necessary for adequate administration of this
Section.
Tho Three (3) copies of the application and
accompanying documents shall be submitted in
-u ic-~n. ~ a -~n~ -r .... ~ ......... to the
Community Development Administrator.
The completed application shall be accompanied by
an application review fee established by rcu=luti=n
~ 4.1`~-..~ ~-~-~- v~ ~--~"-4.~- ~i=~i~ncr.~ ' in accordance
with Section 11.12.00 of this Code. Additionally,
payment of applicable permit and inspection fees,
established in accordance with Section 11.12.00 of
this Code, shall be required prior to issuance of
the Notice of Intent as described in Section
11.05.06.D of this Code.
The filing of an application shall be deemed to
extend permission to the Community Development
Dircctor Administrator to inspect the subject site
4~ .......... for purposes of evaluating the
application.
...... ~.. passages are deleted· Underlined passages are
added.
-18-
7 0 PAEO B 9 5
11
Ce
E~'T~'~"'~'~'?'~m"' --"----' "- -'-,--~'"n P~".~LvmTES-... * ~ REVIEW OF APPLICATIONS FOR
VEGETATION REMOVAL PERMITS
CLASS AAPPLICATIONM
Applications for a Veqetation Removal Permit
submitted for a development designated as a Minor,
Major or Planned Development Site Plan under
Section 11.02.02 of this Code, shall be considere~
Class A Applications. Class A Applications shall be
Struck through passages are deleted. Underlined passages are
added.
-19-
OR
~.0740 P~I~[O 8 9 $
reviewed in accordance with the provisions of
Section 11.02.00 includinq the applicable time
periods set forth therein and applying the
standards and procedures set forth in Sectio-
6.00.00 and 11.05.06.D.1 of this Code.
CLASS B APPLICATIONS
Applications for a Veqetation Removal Permit which
are submitted for all other developments not
desiqnated as a Minor, Major or Planned
Development Plan under Section 11.02.02 of this
Code, shall be considered Class B Applications.
Class B Applications shall be reviewed as follows:
The Community Development Administrator shall
review each Class B Application and render a
determination of completeness within two (2)
working days of submi:ssion. If the
application is determined incomplete, it shall
be returned to the applicant with an
identification of the areas in which a
deficiency exists. Any application determ~nea
to be incomplete must be returned to the
Community Development Administrator within
thirty (30) days of the date of notification
of incompleteness. Any application not
returned within that time shall be subject to
the payment of a new application fee.
be
~4- I -I,- 1~
added.
Within twenty (20) days after an application
has been determined to be complete, the
Community Development Aamlnistrator shall
review the application and approve, approve
with conditions or deny the application, based
on the standards set forth in Section 6.00.05
of this Code. If no decision is issued within
thirty (30) days from the initial date of
passages are deleted· Underlined passages are
-20-
o[0 7 0 8 9 7
submission of the aDplication, the application
shall be deemed to have been approved in
accordance with the information provided in
the application.
A
Do
PROCEDURES FOR ISSUANCE OF VEGETATION REMOVAL PERMITS
1. Procedure for Class A Applications.
Upon approval of the application, thm
Community Development Administrator shall
issue a Notice of Intent to Issue a Veqetation
Removal Permit. The Notice of Intent shall
not authorize any land clearinq or veqetation
removal activities until a Final Development
Order is issued.
b~
added.
Followinq the issuance of a Final Development
Order, the Notice of Intent shall serve as
authorization for the applicant to identify
the areas on the proposed development site to
be cleared and the areas to be preserved or
protected. All such identification shall be
...... =.. passages are deleted. Underlined passages are
-21-
7 4 0 8 9 8
added.
accomplished under the term~ and conditions
set forth in the Notice of Intent.
Ce
Upon completion of all site identification
required under the Notice of Intent, the
applicant shall notify the Community
Development Administrator, and request a field
inspection in order to verify compliance with
the Notice of Intent. A minimum advance notice
of one (1) working day is required for ali
inspections.
d®
The Community Development Administrator shall
conduct an inspection of the proposed
development site and upon a determination of
compliance with the Notice of Intent, shall
issue a Vegetation Removal Permit. No
Vegetation Removal Permit shall be issued
until the Community Development ASm~nistrator
has verified compliance with the Notice of
Intent. The Vegetation Removal Permit may be
issued on site.
2. Procedure for Class B Applications.
Upon approval of an application, the Community
Development Administrator shall issue a Notice
of Intent to Issue a Vegetation Removal
Permit. The Notice of Intent shall serve as
authorization for the applicant to identify
the areas on the proposed development site tn
be cleared and the areas to be preserved or
protected. All such identification shall be
accomplished under the terms and conditions
set forth in the Notice of Intent. The Notice
of Intent shall not authorize any land
clearing or vegetation removal until a
Vegetation Removal Perm{t is issued.
b. Upon the completion of all site identi-
fication required under the Notice of Intent
to Issue, the applicant shall notify the
Community Development ~m~nistrator, and
request a field inspection in order to verify
compliance with the Notice of Intent. A
minimum of one (1) working day's advanc~
notice is required for all inspections.
The Community Development Administrator shall
conduct an inspection of the proposed
passages are deleted.
Underlined passages are
-22-
7 0 8 9 9
development site and upon determination of
compliance with the terms and conditions of
the Notice of Intent, shall issue a Veqetation
Removal Permit. No Veqetation Removal Permit
shall be issued until the Community
Development Administrator has verified
compliance with the Notice of Intent. The
Vegetation Removal Permit may be issued on
site.
Once issued, a Veqetation Removal Permit must be
prominently displayed upon the subject site·
TERM OF VEGETATION REMOVAL PERMITS
1.
Vegetation Removal Permits issued pursuant to a
Class A Application shall be valid for the term of
the Final Development Order and shall be renewed,
as necessary, with the site development plan.
Vegetation Removal Permits issued pursuant to a
Class B Application shall remain valid for a term
of six (6) months and may be renewed for a second
six (6) month period· A request for renewal must be
made in writinq to the Community Development
Administrator prior to the expiration of the
permit. If the Community Development
DircctorAdministrator determines that site
conditions have chanqed substantially from the date
of issuance of the initial permit as a result of
natural growth of trees and vegetation, or high
winds, hurricane, tornado, flooding, fire, or other
act of nature, the Administrator may require
reapplication and full review. The determination of
the Community Development Administrator reqarding
the necessity for reapplication and review shall be
made within ten (10) working days of receipt of a
written request for renewal. If such a
determination is not made within that period of
time, the permit shall be automatically renewed.
Unless renewed as provided above, a Veqetation
Removal Permit shall expire and become void if the
work authorized by the permit is not commenced
within six (6) months after the date of the permit.
Unless renewed as provided above, a Veqetation
Removal Permit shall expire and become void if
authorized removal work, once commenced, i~
--r"c.: tkrcu~k passages are deleted·
added.
-23-
Underlined passages are
7 0 P, EO 9 O0
suspended, discontinued, or abandoned for a perio~
equal to or qreater than six (6) months.
If a Veqetation Removal Permit expires or becomes
void after work has commenced, a new permit must be
obtained before work is res,~med.
F. VIOLATIONS
If the Community Development Aaministrator determ{nes
that any land development activity violates the terms or
conditions of an issued Notice of Intent, Veqetation
Removal Permit, or the provisions of this Code, the
Administrator may issue a Stop Work Order on the
development site in question and process the violation
for appropriate review and enforcement in accordance with
Section 11.13.02 of this Code.
G~ APPEALS
Any final action by the Community Development
Administrator may be appealed to the Board of Adjustment,
in accordance with the provisions of Section 11.11.00 of
this Code.
PART J.
AMENDMENT OF SECTION 11.11.00 (APPEALS) OF T~ ST. LUCIE
COUNTY LAND DEVELOPMENT CODE.
Section 11.11.00 of the St. Lucie County Land Development Code
is hereby amended by amending Section 11.11.01 to read as follows:
11.11.00 APPEALS
11.11.01 Generally
A. PERSONS ENTITLED TO INITIATE APPE~T.
An appeal may be initiated by any person, officer, board, or bureau
of St. Lucie County aggrieved by any order, decision,
determination, or interpretation of any administrative official of
the County with respect to the provisions of this Code.
B._~. AUTHORITY
Appeals of any order, determination, decision, or interpretation by
any administrative official shall be heard and decided by one of
the following appellate boards of officers:
1. Appeals to the Environmental Control Board
.....· ~.. passages
added.
are deleted.
-24-
Underlined passages are
0 901
Appeals of decisions by any administrative official with
respect to the permitting provisions shall be heard and decided by
the Environmental Control Board, subject to the standards and
procedures hereinafter set forth:
Sea ~rtle ~r~tect±~n (Section 6.03.00)
~. Wetlands Protection (Section 6.02.03)
~. Native Upland Habitat Protection (Section 6.05.01)
Appeals to the County Administrator
Appeals of decisions by any administrative officer with
respect to the following provisions shall be heard and decided
by the County Administrator; subject to the standards and
procedures hereinafter set forth:
e
a®
Adequate Public Facilities (Chapter V)
Development Agreements (Section 11.08.00)
Vested Rights (Section 11.09.00)
Appeals to the Board of Adjustment
Appeals of decisions by any administrative official with
respect to any of the provisions of this Code except those
enumerated in paragraphs 1 and 2 above shall be heard and
decided by the Board of Adjustment, subject to the standards
and procedures hereinafter set forth.
PART K. CONFLICTING PROVISIONS·
Special acts of the Florida Legislature applicable only to
unincorporated areas of St. Lucie County, County ordinances and
added.
passages are deleted.
-25-
Underlined passages are
F EO 902
County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent of
such conflict.
PART L. 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 M. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughout the unincor-
porated area of St. Lucie County.
PART N. 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 O. EFFECTIVE DATE.
This ordinance shall take effect on May 15, 1991.
PART P. CODIFICATION
Provisions of this ordinance shall be incorporated in the St.
Lucie County Land Development Code and the word "ordinance" may be
changed to "section", "article" or other word, and the sections of
this ordinance may be renumbered or relettered to accomplish such
Str--c.:_ ' through passages are deleted. Underlined passages are
added.
-26-
..07 0 P EO 903
intention; provided, however, that Parts "K" through "Q" shall not
be codified.
PART Q. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman Havert L. Fenn
AYE
Vice-Chairman Jim Minix
ABSENT
Commissioner Judy Culpepper
AYE
Commissioner Jack Krieger
AYE
Commissioner R. Dale Trefelner AYE
PASSED AND DULY ADOPTED by the Board of County Commissioners
of St. Lucie County, Florida, on this 14th day of May, 1991.
ATTEST:
added.
passages are deleted.
-27-
Underlined passages are
7 0 90~
1118862
R¢c Fee ~ ~z'~_~___~ DOUG! AS DIX0~
Add Fee $ ....... $~. Lc,,:3e County
Doc Tax $ .- ~t~r~ o~ Circuit C,~urt
Int Tax $ ~ By _~
~ o Deputy Clerk
ORDINANCE NO. 91-10
AN ORDINANCE AMENDING CHAPTER 1-16, ARTICLE
III (HISTORICAL COMMISSION) OF THE CODE OF
ORDINANCES OF ST. LUCIE COUNTY, FLORIDA;
AMENDING ORGANIZATION OF COMMISSION; FURTHER
AMENDINO THE PROCESS FOR SELECTION OF
OFFICERS; PROVIDING FOR REGULAR MEETING TIMES
AND ATTENDANCE REQUIREMENTS; PROVIDING FOR
ADDITIONAL DUTIES; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR 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 125.01 (1) (f), Florida Statutes, empowers the
Board of County Commissioners of St. Lucie County to establish a
county historical commission.
2. On May 1, 1984, the Board adopted Ordinance No. 84-05,
creating the St. Lucie County Historical Commission. The
amendments set out below will improve the St. Lucie County
Historical Commission's ability to carry out its duties.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. AMENDMENT OF ARTICLE III
CHAPTER 1-16
(HISTORICAL
COMMISSION),
Article III of Chapter 1-16 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
[2856
ARTICLE III. HISTORICAL COMMISSION
SECTION 1-16-41. CREATION.
An historical commission to be called ~ "St. Lucie County
Historical Commission" is hereby established.
SECTION 1-16-42. ORGANIZATION.
(a) Composition, qualification of members.
historical commission shall be composed of five (5) members
individually appointed by each of the County Commissioners, the
president of the St. Lucie Historical Society or his designee,
the president of St. Lucie Village HeritaGe or his designee, and
two (2) members at large recommended by the other seven (7)
members of the Historical Commission and appointed by the Board
of County Commission. Only one (1) member from a family may be
appointed. Family is defined as husband, wife, grandparents,
Struck through passages are deleted.
added.
--2--
Underlined passages are
7 4 3 8 5 7
parents, step parents, brothers, step-brothers, half brothers,
sisters, step sisters, half sisters, children and step-children.
In selecting citizens to serve on the Historical Commission, the
Board of County Commissioners may consider the recommendation of
the Historical Commission, if any, and the interest and
documented knowledge of such citizens in the history, cultural
lore and development of St. Lucie County.
(b) Appointment of members; terms; vacancies; failure to
attend meetings.
The initial appointments to the Historical Commission,
other than the presidents of the St. Lucie County Historical
Society and St. Lucie Village Heritage, shall be as follows:
(1) Two (2) members shall be appointed for a term of
two (2) years.
(2) Three (3) members shall be appointed for terms of
three (3) years.
(3) Two (2) members shall be appointed for terms of
four (4) years.
Thereafter, the term of members appointed by individual
county commissioners shall coincide with the term of the
commissioner making the appointment, and the term of the at-large
members shall be four (4) years. Members may serve more than one
(1) term if reappointed. Provided, however, when a county
commissioner leaves office prior to the end of his term, his
successor may replace the member appointed by him with an
individual of his choosing who shall complete the unexpired term
of the replaced member. Upon reelection to another term, a
county commissioner shall determine whether to reappoint the
Struck through passages are deleted. Underlined passages are
added.
-3- 1 , 2858
individual or replace him with another individual of his
choosing.
Appointments to fill any vacancy on the Historical
Commission shall be for the remainder of the unexpired term of
office. If any member fails to attend three (3) successive
meetings without cause and without prior approval of th~
Chairman, the Historical Commission shall declare the member's
seat vacant. Any member of the Historical Commission may be
removed by the Board of County Commissioners at any time
provided, however, that before such removal said member shall be
provided written charges and given an opportunity to appear in
his defense at a public meeting. Upon removal of a member or
vacancy created by a member's resignation or declaration of the
Historical Commission, the member's respective appointing body
shall immediately replace him with another appointee.
(c) Officers.
The members of the Historical Commission shall elect a
chairman, vice chairman, secretary and treasurer, who shall be
voting members, from among the members of the board. The term of
each officer shall be for a period of two (2) years. No member
may serve as the same officer for more than two (2) consecutive
term.
(d) Quorum.
The presence of five (5) or more members shall
constitute a quorum of the Historical Commission. A quorum shall
be required for the Historical Commission to conduct any official
business.
Struck through passages are deleted.
added.
--4--
Underlined passages are
I r 2859
SECTION 1-16-43. ~T~.~ COMPENSATION AND GRANTS
C .............. may, when
The members of the Historical Commission shall receive no
compensation, but may be reimbursed for traveling expenses as
provided in Section 112.061, Florida Statutes. Members of the
Historical Commission shall not receive directly or indirectly
any grant funded in whole or part by the Board of County
Commissioners of St. Lucie County.
SECTION 1-16-45~. MEETINGS; AT~E~4~A~-E~, RULES.
The Historical Commission shall meet at an appropriate place
and shall arrange a time for holding regular meetings and such
other meetings as shall be necessary. If
tt d ~ ........ ~ ...... ~ "~th~"t
- ll~t ..... 1 ~--=--=-- shall declare
......... f~ll .... ~ ......... The Historical Commission may
adopt such ~ organization and procedure by-laws as it
deems necessary, subject to the approval of the Board of County
Commissioners, and it may determine the duties of its members and
employees.
Struck through passages are deleted.
added.
--5--
Underlined passages are
".07 3 PAr 2860
SECTION 1-16-46_5. DUTIES - COLLECTION OF DATA, ETC.
The Historical Commission shall encourage the collection,
arrangement, recordation, and preserveat ion of historical
material and data, including books, pamphlets, maps, charts,
manuscripts, family histories, United States Census records,
papers, and other ob3ects and material illustrative of and
relating to the history of the county and of Florida. The
Historical Commission shall procure and preserve narratives of
--~: ....... ~- and~&&~--~--I I collect material of every description
relative to the history of ~A T ~ __ ~ ~ ......
~Id .... , ...... h~l~,~&.~--~ tho~..~-~ .... ~..~-- ~-~ th= St. Lucie Ceoun
and of Florida for deposit at museums owned and/or operated by
St. Lucie County. The Historical Commission shall obtain the
approval of the Leisure Services Administrator or his designee
prior to the deposit of any narrative or material at any museum
owned and/or operated by St. Lucie County.
SECTION 1-16-4g~. SAME--MARKING OF HISTORIC SITES.
The Historical Commission may upon its own initiative or
upon petition of historical societies, mark by proper monuments,
tablets, or markers, the location of forts, Indian mounds, or
other places in the county. Before any monument, tablet or
marker shall be placed or erected, on County property, the Board
of County Commissions shall obtain from the Historical Commission
a recommendation concerning design and content.
Struck through passages are deleted.
added.
--6--
Underlined passages are
3 8 61
SECTION 1-16-48Z. FILING AND RECORDATION OF DATA.
The clerk of the circuit court of the county shall file and
record, without charge, in a book or books which shall be
furnished such clerk by the Board of County Commissioners, all
historical material and data that the Historical Commission may
direct to be filed and recorded.
SECTION 1-16-49~. EXPENSES.
The Board of County Commissions shall pay the expenses of
the Historical Commission out of the general fund of the county.
SECTION 1-16-~49. COUNTY TO PROVIDE REPOSITORY.
The Board of County Commissioners she~-~ may provide suitable
and adequate space as a repository for the records, supplies and
equ ment ~ ~ ......... ~ ..... ...at .... io of the
Historical Commission.
SECTION 1-16-5~0 - 1-16-60. RESERVED.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to
unincorporated areas of St. Lucie County, and adopted prior to
January 1, 1969, County ordinances and County resolutions, or
parts thereof, in conflict with this ordinance are hereby
superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such
holding shall not affect the remaining portions of this
Struck through passages are deleted.
added.
--7--
Underlined passages are
7 3 8 6 2
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 G.
Chairman Havert L. Fenn
Vice-Chairman Jim Minix
Commissioner R. Dale Trefelner
Commissioner Judy Culpepper
Commissioner Jack Krieger
CODIFICATION.
Absent
Aye
Absent
Aye
Aye
Provisions of this ordinance shall be incorporated in the
Code of Ordinances of St. Lucie County, Florida, and the word
Struck through passages are deleted.
added.
--8--
Underlined passages are
2863
"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 llth day of June, 1991.
ATTEST:
BOARD OF CO~TY COMMISSIgNERS
s~. nuc~ COUN?~, F~O~
BY: ~_ ,-Y"-~
APPROV~ItAS TO FORM
CORR~C~NF~:
Struck through passages are deleted.
added.
--9--
Underlined passages are
~7~3 1~286~
91-11
1110996
OFFIC~,~. Zi]ffill~ ~ ~II~ THE
USll OF ~ THItDll/IlI/I~F
I~II~CO]iPOR&'FRI) ~ OF ST. LUCTR COI]~TY
WH~P2~B, the Board of County Commissioners of St.
Florida, has made the following determinations:
Lucie County,
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 regulation
necessary for the protection of the public.
2. Section 163.3167, Florida Statutes (1989) established the
Local Government Comprehensive Planning and Land Development
Regulation Act.
3. On August 1, 1990, St. Lucie County transmitted the St.
Lucie County Comprehensive Plan, to the Florida Department of
Community Affairs pursuant to Section 163.3184(3) and Florida
Administrative Rule 9J-11.
4. St. Lucie County adopted the St. Lucie County Comprehensive
Plan on January 9, 1990, pursuant to the provisions of Section
163.3184, Florida Statutes.
5. Section 163.3202, Florida Statutes, requires that each local
government within one (1) year of the transmittal of the
Comprehensive Plan for that local government adopt land
development regulations necessary to implement the Comprehensive
Plan.
6. St. Lucie County adopted the St. Lucie County Land
Development Code on July 26, 1990, pursuant to the provisions of
Section 163.3202, Florida Statutes.
7. Section 163.3202, Florida Statues requires that all aspects
of the Land Development Code be consistent with the adopted local
comprehensive plan.
0738 182
8. Certain zoning designations existing on lands in the
unincorporated areas of St. Lucie County were rendered
inconsistent with the Future Land Use Element of County ' s
Comprehensive Plan in that they provided for uses or development
intensity in excess of what the Comprehensive Land Use
designation mandated. ^~
Rec Fee $ / ~0~ DOUGLAS DIXON
Add Fee $ St. Lucie County
Doc Tax $ Clerk of Circuit Court
1
Int Tax $ By ~ --
9. The St. Lucie County Local Planning Agency/Planning and
Zoning Commission on November 29, 1990, held a public workshop
in which.the proposed revisions to the St. Lucie County Zoning
Atlas were presented and at that time accepted written and oral
commen~ from the public.
10. The St. Lucie County Local Planning Agency/Planning and
Zoning Commission on February 28, 1991, held a public hearing
after due public notice, to review the proposed revisions to the
St. Lucie County Zoning Atlas, accepting both written and oral
public comment.
11. The St. Lucie County Local Planning Agency/Planning and
Zoning Commission found that the proposed revisions to the St.
Lucie County Zoning Atlas were consistent with both the St.
Lucie County Comprehensive Plan and the St. Lucie County Land
Development Code.
12. The St. Lucie County Board of County Commissioners held a
public hearing after due public notice on March 14, 1991 and
April 11, 1991; reviewed the recommendations of the Local
Planning Agency/Planning and Zoning Commission, and all other
written and oral comments submitted by members of the public and
governing agencies.
13. The changes to the St. Lucie County Zoning Atlas are in the
best interest of the health, safety and welfare of the citizens
of St. Lucie County.
I10~, Tmm~l~Ol{~ B~ IT ORDAINED BY T~R BOARD
COI~IISSlOIIRR~ OF ST. LXTR ~O~T~,
OF
A. A~OPTIO~ OF ~ ~~) ~OllIl~ ATI~.
The Official Zoning Atlas, consisting of 658 sheets, each of
which bears the manual or facsimile signatures of the Chairman
and Clerk of the Board of County Commissioners and the Seal of
the Board, which Atlas is described in Section 1.05.01(a), St.
Lucie County Land Development Code and incorporated therein by
reference is hereby enacted and amended as a part of that Code.
Future changes to the Official Zoning Atlas for individual
parcels may be accomplished by resolution of the Board of County
Commissioners.
B. S~I~BTT.TT~ ~ APPT. TCABTT.TT~'o
The provisions governing severability and applicability shall be
as set forth in Sections 1.09.00 and 1.03.00 respectively of the
St. Lucie County Land Development Code.
0738 I , Ei 163
Co FILING Wl'THTHBDEP~OF STAT~o
The Clerk is hereby directed forthwith to send a certified copy
of this ordinance to the Bureau of Administrative Code,
Department of State, the Capital, Tallahassee, Florida 32304
D. EFF~T~ DAT~.
This ordinance shall become effective upon adoption.
After motion
follows:
and
second, the vote on this
ordinance was as
Chairman Havert L. Fenn AYE
Vice-Chairman Jim Minix AYE
Commissioner Judy Culpepper ABSENT
Commissioner R. Dale Trefelner AYE
Commissioner Jack Krieger AYE
P~SEDA~D DULY ADOPTF~ this llth day of April, 1991.
Chairman
REZONE2(3'5h)
3
111O996
OOUi'J~ :~S [dXON CLEF?'(
S'[ L(JQ ~ :(I',JNTy. rt \
1126543
D-:~c Tax
Iht Tax
,Total
DOUG[ AS IXON
St. Lucie County
,-1 ,,k of Court
By.. .
Deputy Clerk
ST. LUCIE COUNTY, FLORID~
SOLID W~STE DISPOSAL ASSESSMENT ORDIN]~NCE
ADOPTED JULY 23, 1991
OR
~,~074 9 P~.BE I 7 9 5
TABLE OF CONTENTS
PAGE
SECTION 1.01.
SECTION 1.02.
ARTICLE I
INTRODUCTION
DEFINITIONS ................
FINDINGS ...................
SECTION 2.01.
SECTION 2.02.
SECTION 2.03.
SECTION 2.04.
SECTION 2.05.
SECTION 2.06.
SECTION 2.07.
SECTION 2.08.
SECTION 2.09.
SECTION 2.10.
SECTION 2.11.
SECTION 2.12.
ARTICLE II
SOLID WASTE DISPOSAL ASSESSMENTS
GENERAL AUTHORITY .............. 10
INITIAL PROCEEDINGS ............. 10
SOLID WASTE DISPOSAL ASSESSMENT ROLL ..... 11
NOTICE BY PUBLICATION ............ 12
NOTICE BY MAIL ................ 12
ADOPTION OF FINAL ASSESSMENT RESOLUTION 13
EFFECT OF FINAL ASSESSMENT RESOLUTION .... 14
ADOPTION OF ANNUAL RATE RESOLUTION ...... 15
LIEN OF SOLID WASTE DISPOSAL ASSESSMENTS . . 16
ANNUAL RECLASSIFICATION OF PROPERTY ..... 16
PROCEDURAL IRREGULARITIES .......... 18
CORRECTION OF ERRORS AND OMISSIONS ...... 19
ARTICLE III
COLLECTION OF SOLID WASTE DISPOSAL ASSESSMENTS
SECTION 3.01. METHOD OF COLLECTION ...........
SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION .......
SECTION 3.03. RESPONSIBILITY FOR ENFORCEMENT ........
21
21
23
SECTION 4.01.
SECTION 4.02.
SECTION 4.03.
SECTION 4.04.
SECTION 4.05.
SECTION 4.06.
ARTICLE IV
GENERAL PROVISIONS
APPLICABILITY ................. 24
INTERIM ASSESSMENTS .............. 24
DISPOSAL FEES ................ 25
SEVERABILITY ................. 26
ALTERNATIVE METHOD .............. 26
EFFECTIVE DATE ................ 26
i
ORDINANCE NO. 91-16
AN ORDINANCE RELATING TO THE DISPOSAL OF SOLID
WASTE IN ST. LUCIE COUNTY, FLORIDA;
AUTHORIZING THE IMPOSITION AND COLLECTION OF
SOLID WASTE DISPOSAL ASSESSMENTS AGAINST
CERTAIN IMPROVED RESIDENTIAL PROPERTY WITHIN
ST. LUCIE COUNTY; SETTING FORTH THE PROCEDURES
FOR IMPOSING SOLID WASTE DISPOSAL ASSESSMENTS;
PROVIDING FOR COLLECTION OF SOLID WASTE
DISPOSAL ASSESSMENTS; AUTHORIZING OWNERS OF
IMPROVED RESIDENTIAL PROPERTY TO APPLY FOR
CLASSIFICATION AS COMMERCIAL PROPERTY FOR
PURPOSES OF THE SOLID WASTE DISPOSAL
ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
COUNTY
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. AS used in this Ordinance, the
following words and terms shall have the following meanings, unless
the context clearly otherwise requires:
,'Annual Rate Resolution" means the resolution described in
Section 2.08 hereof, establishing the rate at which the Solid Waste
Disposal Assessments for a specific Fiscal Year will be computed.
,,Apartment" means a rental Dwelling Unit located within the
same Building as other Dwelling Units.
,,Assessment Roll" means a non-ad valorem assessment roll
relating to Solid Waste Disposal Costs, approved by a Final
Assessment Resolution pursuant to Section 2.06 hereof or an Annual
Rate Resolution pursuant to Section 2.08 hereof.
,,Board,, means the Board of County Commissioners of St. Lucie
County, Florida.
7 g 9 PA £1 7 9 7
,,Building" means any structure, whether temporary or
permanent, built for the support, shelter or enclosure of Persons,
chattel or property of any kind. This term shall include mobile
homes or any vehicles serving in any way the function of a
Building.
,,Certificate of Occupancy" means the written certification
issued by the County or any municipality within the County that a
Building is ready for occupancy for its intended use. For the
purposes of this Ordinance, a set up or tie down permit issued for
a mobile home shall be considered a Certificate of Occupancy for
the purposes of this Ordinance.
,,Clean Debris,, means any solid waste which is virtually inert
and which is not a pollution threat to groundwater or surface
waters and is not a fire hazard and which is likely to retain its
physical and chemical structure under expected conditions of
disposal or use. The term includes uncontaminated concrete,
including embedded pipe or steel, brick, glass, and ceramics.
,,Commercial Collection Service,, means the collection and
transportation of Solid Waste from Commercial Property by the Owner
or any other Person to a Solid Waste Disposal Facility, which
results in the payment of disposal fees to the County for disposal
of the Solid Waste.
,,Commercial Property', means all Improved Property other than
Residential Property.
,,Condominium,, means a Building or portion thereof containing
one or more Dwelling Units in which each unit is designed for
OR
residential occupancy by one family only and which is owned
pursuant to the provisions of Chapter 718, Florida Statutes, or its
successor in function.
,,Construction and Demolition Debris" means non-hazardous
materials generally considered not to be water soluble, or a
combination of such materials, which consist of the remnants or
debris from the construction, reconstruction, remodeling or
demolition of any structure, and shall include, but not be limited
to, metal, metal products, concrete, glass, rock, roofing
materials, asphalt, wood, tar, brick, cement and gypsum board.
"County" means St. Lucie County, Florida.
"County Administrator,, means the chief executive officer of
the County.
"Dwelling Unit" shall mean a Building, or a portion thereof,
which is located upon Residential Property and lawfully used for
residential purposes, consisting of one or more rooms arranged,
designed, used, or intended to be used as living quarters for one
family only.
"Final Assessment Resolution" means the resolution described
in Section 2.06 hereof which shall confirm or deny the Initial
Assessment Resolution and which shall be the final proceeding for
the imposition of a Solid Waste Disposal Assessment.
"Fiscal Year" means that period beginning October 1st of each
year and ending on the 30th day of September of the subsequent
year.
,,Garbage" means animal, fruit and vegetable waste, either
along with or in combination with other putrescible matter
resulting from the handling, storage, sale, preparation, cooking,
serving, processing, slaughter, manufacture or consumption of
animal, fruit or vegetable matter, which is subject to
decomposition or decay, and any container of such material.
,,Hazardous Waste,, means commercial materials, or combinations
of materials, which require special management techniques because
of their acute or chronic effect on the air and water quality, on
fish, wildlife and other biota, and on the health, safety and
welfare of the public. These wastes include, but are not limited
to, asbestos, radioactive substances, toxic or caustic chemicals,
biological wastes, flammable wastes, waste oil and explosives.
,,Improved Property" means all property within the County on
which a Building or other improvements including, but not limited
to, facilities providing retail electrical service to such property
have been placed or constructed, which improvements result in such
property generating Solid Waste or being capable of generating
Solid Waste.
"Initial Assessment Resolution,, means the resolution described
in Section 2.02 hereof which shall be the initial proceeding for
the imposition of a Solid Waste Disposal Assessment.
,,Land Clearing Debris" means vegetative matter resulting from
a comprehensive land clearing operation, but does not include Yard
Trash.
,,Obligations" means bonds, notes, commercial paper, capital
leases or any other-obligations of the County issued or incurred
to finance any portion of the Solid Waste Disposal System.
,,ordinance" means this Solid Waste Disposal Assessment
Ordinance.
,,Owner,' shall mean the Person owning Residential Property.
,,Person,, means any individual, partnership, firm,
organization, corporation, association or any other legal entity,
whether singular or plural, masculine or feminine, as the context
may require.
,,Property Appraiser,, means the Property Appraiser of the
County.
,,Public Works Administrator,, means the Person responsible for
administering the Public Works Department.
"Public Works Department" means the department of the County
responsible for public works, including solid waste disposal.
,,Residential Property" means all Improved Property which is
used as Single-Family Dwelling Units and Apartments or Condominiums
consisting of less than ten units within the same Building, unless
such Single-Family Dwelling Unit, Apartment or Condominium has been
reclassified as Commercial Property pursuant to Section 2.10
hereof.
"Rubbish" means refuse accumulation of paper, excelsior, rags,
wooden or paper boxes or containers, sweepings, and all other
accumulations of a nature other than Garbage which are usual to
housekeeping and to the operation of stores, offices and other
7 4 9 8 0 !
business places; also, any bottles, cans or other containers not
containing Garbage.
,,Single-Family Dwelling unit" shall mean a Building or a
portion thereof, designed for residential occupancy which is
arranged, designed or used as living quarters for one family only.
,,solid Waste" includes Garbage, Rubbish, Yard Trash, Clean
Debris, White Goods, or other discarded material, including solid,
liquid, semisolid, or contained gaseous material resulting from
domestic, industrial, commercial, mining, agricultural or
governmental operations; but does not include Special Waste or
Hazardous Waste.
"Solid Waste Assessment Coordinator,, means the person
designated by the County to administer the Solid Waste Disposal
Assessment program, or such person's designee.
"Solid Waste Disposal Assessment" means a non-ad valorem
assessment lawfully imposed by the County against Residential
Property to pay all or any portion of the Solid Waste Disposal
Cost.
,,Solid Waste Disposal Cost" means the amount necessary in any
Fiscal Year to fund that portion of the County's Solid Waste Master
Plan properly allocable to Residential Property.
"Solid Waste Disposal Facility" means those sites, places or
facilities operated or maintained by the County for the disposal
of Solid Waste.
"Solid Waste Master Plan" means the County's Solid Waste
Master Plan, dated January 1991, and any future revisions or
OR
7 4. 9 PAI ' t 8 0 2
replacement plans for solid waste management, including disposal
and recycling services but excluding collection services, prepared
by or on behalf of the County.
,,Special Waste" means tires, Construction and Demolition
Debris, Land Clearing Debris, Hazardous Waste, or any other unusual
material for which the County collects a separate disposal charge.
"Tax Collector" means the Tax Collector of the County.
"Tax Roll" means the real property ad valorem tax assessment
roll maintained by the Property Appraiser of the County for the
purpose of the levy and collection of ad valorem taxes.
,,Uniform Assessment Collection Act" means Sections 197.3632
and 197.3635, Florida Statutes, or any successor statutes
authorizing the collection of non-ad valorem assessments on the
same bill as ad valorem taxes.
"White Goods" means inoperative and discarded refrigerators,
ranges, water heaters, freezers and other similar domestic and
commercial large appliances.
,,Yard Trash,, means vegetative matter resulting from routine
periodic landscaping maintenance.
The terms "herein," "hereunder," "hereby," "hereto," "hereof,"
and any similar terms, shall refer to this Ordinance; the term
"heretofore" shall mean before the date of adoption of this
Ordinance; and the term "hereafter" shall mean after the date of
adoption of this Ordinance.
7
7 9 t 8 0 3
Words importing the masculine gender include every other
gender. Words importing the singular number include the plural
number, and vice versa.
SECTION 1.02. FINDINGS. It is hereby ascertained, determined
and declared that:
(A) Pursuant to Article VIII, Section 1 of the Florida
Constitution, and Sections 125.01 and 125.66, Florida Statutes, the
Board has all powers of local self-government to perform county
functions and to render services in a manner not inconsistent with
general law and such power may be exercised by the enactment of
county ordinances.
(B) Pursuant to Section 403.706(1), Florida Statutes, the
County has the general responsibility and authority to provide for
the operation of solid waste disposal facilities to meet the needs
of all incorporated and unincorporated areas within the County.
(C) Pursuant to St. Lucie County Ordinance No. 90-40, the
Board has required that all Solid Waste generated within the County
be disposed of at a Solid Waste Disposal Facility.
(D) The existence of any Building or other improvement on
Residential Property results in such property generating Solid
Waste or being capable of generating Solid Waste.
(E) The imposition of an annual Solid Waste Disposal
Assessment is an equitable and efficient method of allocating and
apportioning the Solid Waste Disposal Cost among parcels of
Residential Property within the County.
7 4 9 8 0
(F) The annual Solid Waste Disposal Assessment to be imposed
pursuant to this Ordinance will constitute a non-ad valorem
assessment within the meaning and intent of the Uniform Assessment
Collection Act.
OR
~0 7 q. 9 ¢,~£ 1 8 0 5
ARTICLE II
SOLID WASTE DISPOSAL ASSESSMENTS
SECTION 2.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose Solid Waste
Disposal Assessments against all Residential Property within the
County at a rate of assessment based on the special benefit
accruing to such property from the County's provision of Solid
Waste management and disposal services. Solid Waste Disposal
Assessments shall be imposed in conformity with the procedures set
forth in this Article II.
(B) The amount of the Solid Waste Disposal Assessment imposed
each Fiscal Year against each lot or parcel of Residential Property
shall be based upon (1) classifications of Residential Property
reasonably related to the generation of Solid Waste, (2) the
physical characteristics of a specific parcel or Building, (3) any
other factor reasonably related to the generation of Solid Waste,
or (4) any combination of the foregoing; provided however, that the
factor or combination of factors employed to compute the Solid
Waste Disposal Assessment shall result in a rate of assessment not
in excess of the special benefit accruing to such lot or parcel of
Residential Property.
SECTION 2.02. INITIAL PROCEEDINGS. The initial proceeding
for imposition of a Solid Waste Disposal Assessment shall be the
passage by the Board of an Initial Assessment Resolution (A)
containing a brief and general description of the Solid Waste
10
PAB[I 808
management and disposal facilities and services to be provided, (B)
describing the method of apportioning the Solid Waste Disposal Cost
to compute the Solid Waste Disposal Assessment for specific
properties, (C) designating a rate of assessment and (D) directing
the Solid Waste Assessment Coordinator to (1) prepare the initial
Solid Waste Disposal Assessment Roll, as required by Section 2.03
hereof, (2) publish the notice required by Section 2.04 hereof, and
(3) mail the notice required by Sections 2.05 hereof.
SECTION 2.03. SOLID WASTE DISPOSAL ASSESSMENT ROLL. The
Solid Waste Assessment Coordinator shall prepare, or cause to be
prepared, the initial Solid Waste Disposal Assessment Roi1, which
Roll shall contain the following:
(A) A summary description of all Residential Property in the
County, conforming to the description contained on the Tax Roi1.
(B) The name of the Owner of record of each lot or parcel of
Residential Property as shown on the Tax Roi1.
(C) The amount of the initial Solid Waste Disposal Assessment
to be imposed against each such lot or parcel of Residential
Property.
The initial Solid Waste Disposal Assessment Roll shall be
retained by the Solid Waste Assessment Coordinator and shall be
open to public inspection. The foregoing shall not be construed
to require that the Solid Waste Disposal Assessment Roll be in
printed form if the amount of the Solid Waste Disposal Assessment
for each parcel of property can be determined by use of a computer
terminal available to the public.
11
P G[1807
SECTION 2.04. NOTICE BY PUBLICATION. The Solid Waste
Assessment Coordinator, upon completion of the initial Solid Waste
Disposal Assessment Roi1, shall publish once in a newspaper of
general circulation, published and circulating in the County, a
notice stating that at a meeting of the Board on a certain day and
hour, not earlier than 20 calendar days from such publication,
which meeting shall be a regular, adjourned or special meeting, the
Board will hear objections of all interested persons to the Final
Assessment Resolution which shall establish the rate of assessment
and approve the aforementioned initial Solid Waste Disposal
Assessment Roi1. The published notice shall conform to the
requirements set forth in the Uniform Assessment Collection Act.
Such notice shall include (A) a geographic depiction of the
property subject to the Solid Waste Disposal Assessment, (B) a
brief and general description of the Solid Waste management and
disposal facilities and services to be provided, (B) the rate of
assessment, (C) the procedure for objecting provided in Section
2.06 hereof, (D) the method by which the Solid Waste Disposal
Assessments will be collected, and (E) a statement that the initial
Solid Waste Disposal Assessment Roll is available for inspection
at the office of the Solid Waste Assessment Coordinator and all
interested persons may ascertain the amount to be assessed against
a lot or parcel of property at the office of the Solid Waste
Assessment Coordinator.
SECTION 2.05. NOTICE BY MAIL. In addition to the published
notice required by Section 2.04, but only for the first Fiscal Year
12
7 9 8 0 8
in which a Solid Waste Disposal Assessment is imposed against
Residential Property, the Solid Waste Assessment Coordinator shall
provide notice by first class mail to each Owner proposed to be
assessed. Such notice shall include (A) the purpose of the Solid
Waste Disposal Assessments, (B) the total amount to be levied
against each parcel of property, (C) the unit of measurement
applied to determine the Solid Waste Disposal Assessment, (D) the
number of such units contained in each parcel of property, (E) the
total revenue to be collected by the County from the Solid Waste
Disposal Assessments, (F) a statement that failure to pay the Solid
Waste Disposal Assessment will cause a tax certificate to be issued
against the property or foreclosure proceedings to be instituted,
either of which may result in a loss of title to the property, (G)
a statement that all affected Owners have a right to appear at the
hearing and to file written objections with the Board within 20
days of the notice, and (H) the date, time and place of the
hearing. The mailed notice shall conform to the requirements set
forth in the Uniform Assessment Collection Act. Notice shall be
mailed at least 20 calendar days prior to the hearing to each Owner
at such address as is shown on the Tax Roll. Notice shall be
deemed mailed upon delivery thereof to the possession of the U.S.
Postal Service. The Solid Waste Assessment Coordinator may provide
proof of such notice by affidavit.
SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At
the time named in such notice, or to which an adjournment or
continuance may be taken by the Board, the Board shall receive any
13
9 809
written objections of interested persons and may then or at any
subsequent meeting of the Board adopt the Final Assessment
Resolution which shall (A) repeal or confirm the Initial Assessment
Resolution with such amendments, if any, as may be deemed
appropriate by the Board; (B) establish the rate of assessment; and
(C) approve the initial Solid Waste Disposal Assessment Roll, with
such amendments as it deems just and right. The Solid Waste
Disposal Assessments so approved shall be in proportion to the
special benefits. All objections to the Final Assessment
Resolution shall be made in writing, and filed with the Solid Waste
Assessment Coordinator at or before the time or adjourned time of
such hearing. The Final Assessment Resolution shall constitute the
Annual Rate Resolution for the initial Fiscal Year Solid Waste
Disposal Assessments are imposed hereunder.
SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The
Solid Waste Disposal Assessments for the initial Fiscal Year shall
be established upon adoption of the Final Assessment Resolution.
The adoption of the Final Assessment Resolution shall be the final
adjudication of the issues presented (including, but not limited
to, the method of apportionment, the initial rate of assessment,
the initial Solid Waste Disposal Assessment Roll and the levy and
lien of the Solid Waste Disposal Assessments), unless proper steps
shall be initiated in a court of competent jurisdiction to secure
relief within 20 days from the date of Board action on the Final
Assessment Resolution. The initial Solid Waste Disposal Assessment
Roi1, as approved by the Final Assessment Resolution, shall be
14
oRn
7 q. 9 PAG[! 8 I 0
delivered to the Tax Collector, or such other official as the
Board, by resolution, deems appropriate.
SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION. The Board
shall adopt an Annual Rate Resolution during its budget adoption
process for each Fiscal Year following the initial Fiscal Year for
which Solid Waste Disposal Assessments are imposed hereunder. The
Annual Rate Resolution shall approve the Solid Waste Disposal
Assessment Roll for the upcoming Fiscal Year. The Solid Waste
Disposal Assessment Roll shall be prepared in accordance with the
method of apportionment set forth in the Final Assessment
Resolution. If for any Fiscal Year (A) the proposed rate of
assessment exceeds the rate included in any notice previously
provided to the Owners of Residential Property pursuant to Sections
2.04 and 2.05 hereof or (B) the method of apportionment is changed
from that represented by any notice previously provided to the
Owners of Residential Property pursuant to Sections 2.04 and 2.05,
the Annual Rate Resolution for such Fiscal Year shall not be
adopted prior to a public hearing on the rate of assessment, for
which notice is provided by publication and first class mail in
substantially the manner set forth in Sections 2.04 and 2.05. The
Solid Waste Disposal Assessment Roi1, as approved by the Annual
Rate Resolution, shall be delivered to the Tax Collector as
required by the Uniform Assessment Collection Act, or if the
alternative method described in Section 3.02 hereof is used to
collect the Solid Waste Disposal Assessments, such other official
as the Board by resolution shall designate. If the Solid Waste
15
OR
7 k 9 P l EI 8 1 I
Disposal Assessment against any property shall be sustained or
reduced or abated by the court, an adjustment shall be made on the
Solid Waste Disposal Assessment Roll.
SECTION 2.09. LIEN OF SOLID WASTE DISPOSAL ASSESSMENTS. All
Solid Waste Disposal Assessments shall constitute a lien against
such property equal in rank and dignity with the liens of all
state, county, district or municipal taxes and special assessments.
Except as otherwise provided by law, such lien shall be superior
in dignity to all other liens, titles and claims, until paid.
SECTION 2.10. ANNUAL RECLASSIFICATION OF PROPERTY.
(A) On an annual basis, the Owner may request the County to
reclassify Residential Property as Commercial Property if the Owner
has contracted for Commercial Collection Service for the entire
portion of the Fiscal Year during which such property is to be
reclassified. An application for reclassification shall be made
under oath to the Solid Waste Assessment Coordinator on forms
provided by the County and shall contain, at a minimum, the
following: (1) the name and address of the Owner or Owners; (2)
if applicable, the address and legal description of each Dwelling
Unit and total number of Dwelling Units within the Residential
Property requesting reclassification as Commercial Property; and
(3) evidence of an agreement to provide Commercial Collection
Service to the property for the entire portion of the Fiscal Year
during which such property is to be reclassified. The Solid Waste
Assessment Coordinator shall review the application and, if it
16
7 4 9 P G£1 8 i 2
meets the foregoing requirements, shall approve the request for
reclassification as Commercial Property.
(B) If the Solid Waste Disposal Assessment for a parcel of
Residential Property reclassified as Commercial Property pursuant
to subsection (A) has not been paid for the Fiscal Year during
which such property has been reclassified, the Solid Waste Disposal
Assessment may be reduced by an amount equal to one-twelfth of the
Solid Waste Disposal Assessment imposed in respect of such property
for each full month during which the property was or will be
provided with Commercial Collection Service.
(C) If the Solid Waste Disposal Assessment for a parcel of
Residential Property reclassified as Commercial Property pursuant
to subsection (A) has been paid for the Fiscal Year during which
such property has been reclassified and if proof of payment is
provided to the Solid Waste Assessment Coordinator, the Owner shall
be entitled to a refund in an amount equal to one-twelfth of the
Solid Waste Disposal Assessment imposed in respect of such property
for each full month during which the property was or will be
provided with Commercial Collection Service. Refunds shall be made
within 30 days of the date application therefor is made by the
Owner to the Solid Waste Assessment Coordinator.
(D) Any Owner who is denied a request (1) to have his or her
Residential Property reclassified as Commercial Property pursuant
to subsection (A), (2) to have his or her Solid Waste Disposal
Assessment reduced pursuant to subsection (B), or (3) to receive
a refund pursuant to subsection (C) shall have a right of review
17
0R
7 9 I GEI 8 I 3
by the Public Works Administrator. Any request for review by the
Public Works Administrator shall be filed with the Public Works
Administrator within 15 days of notification of the Solid Waste
Assessment Coordinator's decision. Failure to file such request
for review within the time permitted shall constitute a waiver of
any right to review. The Public Works Administrator shall review
the denial within 15 days of the filing of the request for review.
If the Public Works Administrator upholds the decision of the Solid
Waste Assessment Coordinator, the Owner shall have a further right
of review by the Board. Any request for review by the Board shall
be filed with the County Administrator within 15 days of
notification of the Public Works Administrator's decision. Failure
to file such request for review within the time permitted shall
constitute a waiver of any right to further review. The Board
shall review the matter within 60 days of the filing of the request
for review.
(E) The Board may, by resolution, adopt a fee schedule in
order to defray the administrative costs of considering and
processing applications made pursuant to this Section.
SECTION Z.ll. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any
Solid Waste Disposal Assessment under the provisions of this
Ordinance shall not affect the validity of the same after the
approval thereof, and any Solid Waste Disposal Assessment as
finally approved shall be competent and sufficient evidence that
such Solid Waste Disposal Assessment was duly levied, that the
18
OR
7 4 9 8 1 4
Solid Waste Disposal Assessment was duly made and adopted, and that
all other proceedings adequate to such Solid Waste Disposal
Assessment were duly had, taken and performed as required by this
Ordinance; and no variance from the directions hereunder shall be
held material unless it be clearly shown that the party objecting
was materially injured thereby. Notwithstanding the provisions of
this Section, any party objecting to a Solid Waste Disposal
Assessment imposed pursuant to this Ordinance must file an
objection with a court of competent jurisdiction within the time
periods prescribed herein.
SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS.
(A) No act of error or omission on the part of the Property
Appraiser, Tax Collector, Solid Waste Assessment Coordinator, Board
or their deputies or employees, shall operate to release or
discharge any obligation for payment of a Solid Waste Disposal
Assessment imposed by the Board under the provision of this
Ordinance.
(B) When it shall appear that any Solid Waste Disposal
Assessment should have been imposed under this Ordinance against
a lot or parcel of property specially benefited by the Solid Waste
management and disposal facilities and services, but that such
property was omitted from the Solid Waste Disposal Assessment Roi1,
the Board may, upon provision of appropriate notice as set forth
in this Article II, impose the applicable Solid Waste Disposal
Assessment for the Fiscal Year in which such error is discovered,
in addition to the applicable Solid Waste Disposal Assessment due
19
OR
7 9 1 , 6EI 8 I 5
for the prior two Fiscal Years. Such total Solid Waste Disposal
Assessments shall become delinquent if not fully paid upon the
expiration of 90 days from the date of the adoption of said
resolution. The Solid Waste Disposal Assessment so imposed shall
constitute a lien against such property equal in rank and dignity
with the liens of all state, county, district or municipal taxes
and special assessments, and superior in rank and dignity to all
other liens, encumbrances, titles and claims in and to or against
the real property involved and may be collected as provided in
Article III hereof.
(C) The Solid Waste Assessment Coordinator shall have the
authority at any time, upon his or her own initiative or in
response to a timely filed petition from the Owner of any property
subject to a Solid Waste Disposal Assessment, to correct any error
in applying the Solid Waste Disposal Assessment apportionment
method to any particular parcel of property not otherwise requiring
the provision of notice pursuant to the Uniform Assessment
Collection Act. Any such correction shall be considered valid ab
initio and shall in no way affect the enforcement of the Solid
Waste Disposal Assessment imposed under the provisions of this
Ordinance.
(D) After the Solid Waste Disposal Assessment Roll has been
delivered to the Tax Collector in accordance with the Uniform
Assessment Collection Act, any changes, modifications or
corrections thereto shall be made in accordance with the procedures
applicable to errors and insolvencies.
20
ARTICLE III
COLLECTION OF SOLID W~STE DISPOSAL ~SSESSMENTS
SECTION 3.01. METHOD OF COLLECTION. The Solid Waste Disposal
Assessments shall be collected pursuant to the uniform method
provided in the Uniform Assessment Collection Act. The Board shall
comply with all applicable provisions of the Uniform Assessment
Collection Act. Any hearing or notice required by this Ordinance
may be combined with any other hearing or notice required to
collect the Solid Waste Disposal Assessments on the same bill as
ad valorem taxes.
SECTION 3.02. ~LTERNATIVE METHOD OF COLLECTION. In lieu of
utilizing the Uniform Assessment Collection Act, the County may
elect to collect the Solid Waste Disposal Assessments in accordance
with this Section 3.02.
(A) Notice of the lien resulting from imposition of the Solid
Waste Disposal Assessment shall be recorded in the Official Records
of the County.
(B) The County shall have the right to appoint or retain an
agent to foreclose and collect all delinquent Solid Waste Disposal
Assessments in the manner provided by law. A Solid Waste Disposal
Assessment shall become delinquent if it is not paid within 30 days
from the date any installment is due. The County or its agent
shall cause notice to be sent to any property owner who is
delinquent in payment of his or her Solid Waste Disposal Assessment
installment within 60 days from the date such installment was due.
21
P [1817
Such notice shall state in effect that the County or its agent
shall initiate a foreclosure action within 90 days of the date of
the installment due date if it is not paid. Between the 75th and
90th day after the due date of the delinquent installment, the
County or its agent may declare the entire unpaid balance of the
delinquent Solid Waste Disposal Assessment to be in default and
cause such delinquent property to be foreclosed in the method now
or hereafter provided by law for foreclosure of mortgages on real
estate, or otherwise as provided by law. Commencing on the 90th
day after the due date of the delinquent installment, the County
or its agent shall declare the entire unpaid balance of the Solid
Waste Disposal Assessment to be in default and cause the delinquent
property to be foreclosed as described above. Any Board action
required in the collection of Solid Waste Disposal Assessments may
be by resolution. All costs, fees and expenses, including
reasonable attorney fees, related to any foreclosure action as
described herein shall be included in any judgment or decree
rendered therein. At the sale pursuant to decree in any such
action, the County may be the purchaser to the same extent as an
individual person or corporation.
(C) The County may join in one action the collection of Solid
Waste Disposal Assessments against any or all property assessed in
accordance with the provisions hereof. All delinquent property
owners whose property is foreclosed shall be liable for an
apportioned amount of reasonable costs and expenses incurred by the
County and its agents, including reasonable attorney fees, in
22
.° 07 9818
collection of such delinquent Solid Waste Disposal Assessments and
any other costs incurred by the County as a result of such
delinquent Solid Waste Disposal Assessments including, but not
limited to, costs paid for draws on a credit facility and the same
shall be collectible as a part of or in addition to, the costs of
the action.
SECTION 3.03. RESPONSIBILITY FOR ENFORCEMENT. It shall be
the duty of the County and its agent, if any, to enforce the prompt
collection of Solid Waste Disposal Assessments by the means herein
provided. The duties related to collection of Solid Waste Disposal
Assessments may be enforced at the suit of any holder of
Obligations secured by such Solid Waste Disposal Assessments in a
court of competent jurisdiction by mandamus or other appropriate
proceedings or action.
23
P I;E'! 819
~RTICLE IV
GENERAL PROVISIONS
SECTION 4.01. APPLICABILITY. This Ordinance shall be
applicable throughout St. Lucie County.
SECTION 4.02. INTERIM ASSESSMENTS.
(A) An interim Solid Waste Disposal Assessment shall be
imposed against the Owner of all Residential Property for which a
Certificate of Occupancy is issued after adoption of the Annual
Rate Resolution. The amount of the interim Solid Waste Disposal
Assessment shall be calculated upon a monthly rate, which shall be
one-twelfth of the annual rate for such property computed in
accordance with the Annual Rate Resolution for the Fiscal Year in
which the Certificate of Occupancy is issued. Such monthly rate
shall be imposed for each full calendar month remaining in the
Fiscal Year. No Certificate of Occupancy shall be issued until
full payment of the interim Solid Waste Disposal Assessment is
received by the County. Issuance of a Certificate of Occupancy by
mistake or inadvertence, and without the payment in full of the
interim Solid Waste Disposal Assessment, shall not relieve the
Owner of the Residential Property of the obligation of full
payment. For the purpose of this provision, such interim Solid
Waste Disposal Assessment shall be deemed delinquent on the date
the Certificate of Occupancy was issued and shall constitute a lien
against such Residential Property as of that date. Said lien shall
be equal in rank and dignity with the liens of all state, county,
district or municipal taxes and special assessments, and superior
24
in rank and dignity to all other liens, encumbrances, titles and
claims in and to or against the real property involved and may be
enforced in accordance with the provisions of Section 3.02 hereof.
(B) An interim Solid Waste Disposal Assessment shall also be
imposed against the Owner of any Single Family Dwelling Unit which
for any reason was not listed on the Tax Roll as an individual
parcel of property on the date the Annual Rate Resolution is
prepared. The amount of the interim Solid Waste Disposal
Assessment shall be equal to that imposed against comparable Single
Family Dwelling Units for the same Fiscal Year. For the purpose
of this provision, such interim Solid Waste Disposal Assessment
shall be deemed delinquent on the date those shown on the Solid
Waste Disposal Assessment Roll become delinquent and shall
constitute a lien against such Residential Property as of that
date. Said lien shall be equal in rank and dignity with the liens
of all state, county, district or municipal taxes and special
assessments, and superior in rank and dignity to all other liens,
encumbrances, titles and claims in and to or against the real
property involved and may be enforced in accordance with the
provisions of Section 3.02 hereof.
SECTION 4.03. DISPOSAL FEES. A disposal fee shall be paid
for all Solid Waste generated on Commercial Property and delivered
to a Solid Waste Disposal Facility. Solid Waste generated on
Residential Property against which a Solid Waste Disposal
Assessment has been imposed may be delivered to a Solid Waste
Disposal Facility without payment of any additional disposal fee.
25
0R
1 6 1821
It shall be a violation of this Ordinance to avoid payment of a
disposal fee to the County for Solid Waste generated on Commercial
Property by depositing such Solid Waste into a receptacle serving
Residential Property. It shall also be a violation of this
Ordinance to deliver Solid Waste to a Solid Waste Disposal Facility
which includes both Solid Waste generated on Residential Property
and Solid Waste generated on Commercial Property unless (1) the
Person delivering the Solid Waste identifies the relative amount
of each component to the County's sole satisfaction and (2) pays
the appropriate disposal fee for all Solid Waste which was
generated on Commercial Property.
SECTION 4.04. SEVERABILITY. The provisions of this Ordinance
are severable; and if any section, subsection, sentence, clause or
provision is held invalid by any court of competent jurisdiction,
the remaining provisions of this Ordinance shall not be affected
thereby.
SECTION 4.05. ALTERNATIVE METHOD. This Ordinance shall be
deemed to provide an additional and alternative method for the
doing of the things authorized hereby and shall be regarded as
supplemental and additional to powers conferred by other laws, and
shall not be regarded as in derogation of any powers now existing
or which may hereafter come into existence. This Ordinance, being
necessary for the welfare of the inhabitants of the County, shall
be liberally construed to effect the purposes hereof.
SECTION 4.06. EFFECTIVE DATE. A certified copy of this
Ordinance shall be filed with the Department of State by the Clerk
26
of the Board of County Commissioners within ten days after
enactment by the Board, and shall take effect upon receipt of
official acknowledgment of filing as provided in Section 125.66(2),
Florida Statutes.
DULY ENACTED this 23rd day of July, 1991.
· C .ATTEST
BOARD OF COUNTY COMMISSIONERS.
OF ST. LUCIE COUNTY, FLORI~1%'~
By: ,
Chairman ~ .
27
1126big
'~1 Au~ -5 A9 ~
OR
~0 7 ~. 9 P~l~[ ! 8 2 3
ORDINANCE NO. 91-15
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 BY DELETING THE DISTINCTION BETWEEN
RECURRING AND NONRECURRING CHARGES; PROVIDING
FOR A FEE OF FIFTY CENTS ($.50) PER MONTH PER
ACCESS LINE; PROVIDING FOR ESTABLISHING A
SEPARATE FUND FOR RECEIPTS AND EXPENDITURES
RELATED TO THE E911 SYSTEM; PROVIDING FOR A
911 BUDGET; PROVIDING FOR QUARTERLY
DISTRIBUTION OF A LIST OF THE NAMES, ADDRESSES
AND TELEPHONE NUMBERS OF ANY AND ALL
SUBSCRIBERS WHO REFUSE TO PAY THE 911 FEE;
PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY, PROVIDING FOR
APPLICABILITY; PROVIDING FOR FILING WITH
DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE
DATE; PROVIDING FOR PENALTIES; PROVIDING FOR
ADOPTION; AND PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Under the provisions of Section 365.171(13), Florida
Statutes, as amended by Chapter 91-100, Laws of Florida, a county
may impose and collect a fee for "E911" service and equipment, to
be paid by the local exchange subscribers on an individual access
line basis, at a rate not to exceed fifty cents ($.50) per month
per line.
2. In order to comply with Section 365.171, Florida
Statutes, as amended, 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.
added.
~....v_~..~ passages are deleted.
-1-
Underlined passages are
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 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 of the County.
Local option fee:
~ ............ ~' -- by
................. ~ char~cs. There is here imposed a
local option fee for .......... ~'-- -~ ..... ~-- ~-
initial provision of Egll service and equipment, in the
amount of clcvcn fifty cents ($0.~-~50) 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
the next billing date of the telephone company following
the effective date of this section.
~4- -.1
-.ru-.: through passages are deleted.
added.
--2--
Underlined passages are
4-~ " 4- 4-,2,
..... "-- "- " ...... 4-" ty
............. ~ ..... Ch. The Coun shall ~"~-"t report
to the state division of communications, for a--rcva~== ~ ,
....... ~ ....... "-- current "911" fee cn an an
its ~v~ ............. ,~
baziu on or before October 30 of each year. Any fee
adjustment shall be reported to the state division of
communications.
~ _A_ budget
(c) Separate___~---;-'4- accounts fund. The-u--c~~ '% 4- v..---.A
and management administrator and finance director are directed to
establish a separate aud"4- account fund specifically for the
-~ .... cA ~un_ or rece and expenditures fees related to the
E911 system. All rccurring and ncnrccurring fees placed in said
account fund shall be used only for "911" scrvicc fcaturc--- and/or
"9!1" cq=ip=c=t, costs described ±n Section 365.171(13)(1}6,
:Florida Statutes.
{d} 911 budqet. ~he money collected and interest earned in
the separate fund shall be appropriated for 911 purposes by th~.
...... ~.. passages are
added.
deleted.
--3--
Underlined passages are
7 5 5 5 9 7
Board of County Commissioners and incorporated into the annual
county budget. No more than ten (10%) percent of the 911 fee
billed for the prior year may be carried forward. The amount of
moneys carried forward each year may be accumulated in order to
allow for capital improvements. The carryover shall be documented
by resolution of the Board expressing the purpose of carryover or
by an adopted capital improvement program identifying projected
expansion or replacement expenditures for 911 equipment and service
features, or both. In no event shall the 911 fee carryover surplus
moneys be used for any purpose other than for the E911 equipment
service features and installation charqes authorized in Section
365.171 (13) (a)6, Florida Statutes.
-~,{e) Collection of fee, payment of achninistrative fee for
collection.
· rc-cr.c- to the
S&~-~1 through passages are deleted
added.
--4--
Underlined passages are
~-~ Southern Bell Telephone of Florida, Inc., (hereinafter
called the telephone ¢ompanyl, 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 telephone
company shall supply monthly to St. Lucie County a
statement as to fees collected. The telephone company
shall provide quarterly to the County a list of the
names, addresses, and telephone numbers of any and all
subscribers who have identified to the telephone company
their refusal to pay the "911" fee. The telephone
company shall have no obligation to take legal action to
enforce collection of said fee.
~, (f) Indemnification
(1) St. Lucie County shall indemnify the telephone company
against liability in accordance with the telephone
~ ruc:~...v_~ passages are deleted.
added.
--5--
Underlined passages are
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 ....... ~- liable to the
telephone company for all any E911 service and equipment~
operation, or maintenance charge~ owed by the county to
the telephone company.
Sections 1-2-3 - 1-2-15· Reserved.
PART B. CONFLICTIN~ 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. SEV~RABILITY.
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.
~-"-u thr gh p g
~ - cu assa es
added.
are deleted.
--6--
Underlined passages are
PART D. APPLICABILITY OF O~DINANCE.
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, 1991.
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 Havert L. Fenn AYE
Vice Chairman Jim Minix AYE
Commissioner Judy Culpepper AYE
Commissioner Jack Krieger 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 word, and the sections of this ordinance may be
°t -]. through
added.
passages are deleted.
--7--
Underlined passages are
renumbered or relettered to accomplish such intention; provided,
however, that parts B to I shall not be codified.
PASSED AND DULY ADOPTED THIS 3rd day of September, 1991.
ATTEST: BOARD OF COUNTY
ST. LUCIE COUNTY,
Clerk
APPROVED AS TO FORM AND?:~
o5027
'91 ~..P18 P1:35
DOU~]L.~ S ~i;~3~ CLE?
Struck through passages are delet~2U~&~~ passages
added.
--8--
are
1137957
ORDINANCE NO. 91-19
AN ORDINANCE AMENDING SECTION 1-20-18
(TICKETING OF ILLEGALLY PARKED VEHICLES;
EFFECT OF FAILURE TO PAY TICKET OR APPEAR FOR
HEARING; EVIDENCE OF VIOLATIONS) OF DIVISION 1
(GENERALLY) OF ARTICLE II (STOPPING, STANDING
AND PARKING) OF CHAPTER 1-20 (TRAFFIC) BY
INCREASING THE CIVIL PENALTY CHARGES; AMENDING
SECTION 1-20-32 (CIVIL PENALTIES) OF DIVISION
2 (HANDICAPPED, FIRE LANE, PROPERTIES OWNED OR
LEASED BY COUNTY, ROAD RIGHTS-OF-WAY OWNED OR
LEASED BY STATE, PARKING PROHIBITED) OF
ARTICLE II (STOPPING, STANDING AND PARKING) OF
CHAPTER 1-20 (TRAFFIC) BY REQUIRING THE CLERK
OF THE COURT TO SUPPLY THE FLORIDA DEPARTMENT
OF HIGHWAY SAFETY AND MOTOR VEHICLES WITH A
MAGNETICALLY ENCODED COMPUTER TAPE REEL OR
CARTRIDGE WHICH IS MACHINE READABLE BY THE
INSTALLED COMPUTER SYSTEM AT THE DEPARTMENT
LISTING PERSONS WHO HAVE ANY OUTSTANDING
VIOLATIONS OF SECTION 316.1955, SECTION
316.1956, FLORIDA STATUTES, OR ANY SIMILAR
LOCAL ORDINANCE REGULATING PARKING IN SPACES
DESIGNATED FOR USE BY DISABLED PERSONS;
AMENDING SECTION 1-20-45 (PERMITS) OF DIVISION
3 (RESTRICTIONS ON HEAVY VEHICLES AND
EQUIPMENT IN RESIDENTIAL DISTRICTS) OF ARTICLE
II (STOPPING, STANDING AND PARKING) OF CHAPTER
1-20 (TRAFFIC) TO ENFORCE A CIVIL PENALTY FOR
MOTOR VEHICLES FOUND PARKED, STOPPED OR
STANDING IN VIOLATION OF ANY RESTRICTIONS
IMPOSED UNDER THE DIVISION, AND PROVIDING FOR
THE ISSUANCE OF A WARRANT; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING FOR PROMULGATION OF
ADMINISTRATIVE ORDERS; PROVIDING FOR EFFECTIVE
DATE; PROVIDING FOR ADOPTION; AND PROVIDING
FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. The Board of County Commissioners of St. Lucie County,
pursuant to Sections 125.01, 316.006, and 316.008, Florida
~m~.~ m.,~e~,~ passages are deleted. Underlined passages are
added.
1
°"0 7 5 7 9 8 6
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 located within the boundaries of
chartered municipalities.
2. In order to clarify the civil penalties in Division 1 and
3 and include procedures in Division 3 for purposes of consistency
for the civil penalties, it is necessary to amend Chapter 1-20 of
the St. Lucie County Code of Ordinances.
3. Chapter 90-48 and 90-330, Laws of Florida, amended
Section 316.1967, Florida Statutes (1989), and require county
governments to enact ordinances which mandate that Clerks of Court
shall supply to the Florida Department of Highway Safety and Motor
Vehicles a magnetically encoded computer tape reel or cartridge
that is machine readable by the installed computer system at the
department, listing persons who have any outstanding violations of
Section 316.1955, Florida Statutes, Section 316.1956, Florida
Statutes, or similar local ordinance regulating parking in spaces
designated for use by disabled persons. In order to comply with
State Law, it is necessary to amend Division 2 of Chapter 1-20 of
the St. Lucie County Code of Ordinances to add this requirement.
4. The amendments of Division 1, 2, and 3 of Chapter 1-20 of
the Code of Ordinances of St. Lucie County, Florida, as indicated,
are in the best interest of the health, safety, and public welfare
of the citizens of St. Lucie County, Florida.
~wlB[~;,~,~ee~e)B~g~ passages are deleted.
added.
2
Underlined passages are
°"0 7 5 7 P O[2 9 8 7
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. AMENDMENT OF SECTION 1-20-18 (TICKETING OF
ILLEGALLY PARKED VEHICLES; EFFECT OF FAILURE
TO PAY TICKET OR APPEAR FOR HEARING; EVIDENCE
OF VIOLATIONS) OF DIVISION i (GENERALLY) OF
ARTICLE II (STOPPING, STANDING AND PARKING) OF
CHAPTER 1-20 (TRAFFIC) OF THE CODE OF
0 R D I N A N C E S 0 F S T . L U C I E C 0 U N T Y .
Section 1-20-18 of Division i of Article II of Chapter 1-20 of
the Code of Ordinances of St. Lucie County is hereby amended to
read as follows:
Section 1-20-18.
Ticketing of illegally
parked vehicles; effect
of failure to pay ticket
or appear for hearing;
evidence of violations.
(a) Whenever any motor vehicle without a driver is found
parked, stopped or standing in violation of any restrictions
imposed ~,~,~,&,e~,,~e,~e[~e~,~e,~,i under this division, the law
enforcement officer finding such vehicle shall take its license
number, and may take any other information displayed on the vehicle
which may identify its user, and shall conspicuously affix to such
vehicle a notice in writing, on a form provided by the clerk of the
county court, requiring the driver to pay a civil penalty of
~~,~,~m~~~! thirty-two dollars (832.00) to such clerk
within ten (10) days or to appear before a hearing officer at the
time, date and location specified on such notice.
(b) If a violator of the restrictions on stopping, standing
or parking under ~,~,,~,~.~,~,,~e,~-~ this division does not pay such
~,[~,~-],~ passages are deleted. Underlined passages are
added.
3
0757 [2988
civil penalty within such ten (10) days or appear before a hearing
officer as provided in such notice, a warrant for his arrest shall
be issued.
(c) In any action charging a violation
~ under this division governing the stopping, standing or
parking of a motor vehicle, proof that the particular vehicle
described in the complaint was parked, stopped or standing in
violation ~m,,,,~,[#,~e)~elw,~,[~ under this division, together with
proof that the defendant named in the complaint was at the time of
such parking, stopping or standing the registered owner of such
vehicle, shall be prima facie evidence that the registered owner of
such vehicle was the person who stopped, stood or parked such
vehicle at the point where, and for the time during which, such
violation occurred.
PART B. AMENDMENT OF SECTION 1-20-32 (CIVIL PENALTIES)
OF DIVISION 2 (HANDICAPPED, FIRE LANE,
PROPERTIES OWNED OR LEASED BY COUNTY, ROAD
RIGHTS-OF-WAY OWNED OR LEASED BY STATE,
PARKING PROHIBITED).
Section 1-20-32 of Division 2 under Article II of Chapter 1-20
of the Code of Ordinances of St. Lucie County is hereby amended to
read as follows:
Section 1-20-32. Civil Penalties.
(a) Any person who stops, parks, or stands a vehicle in
violation of the term of Section 1-20-27 of this division shall be
deemed to be charged with a non-criminal violation and shall be
assessed a civil penalty of one hundred two dollars (Si02.00). Two
~,~[ I,~.A~ passages are deleted. Underlined passages are
added.
4
7 5 7 9 8 9
dollars ($2.00) of this penalty is to be credited to the Criminal
Justice Trust Fund of the County pursuant to Section 943.25(13),
Florida Statutes.
(b) Any person who stops, parks, or stands a vehicle in
violation of the term of Section 1-20-28 of this division shall be
deemed to be charged with a non-criminal violation and shall be
assessed a civil penalty of thirty-two dollars ($32.00).
(c) 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
division shall be deemed to be charged with a non-criminal
violation and shall be assessed a civil penalty of thirty-two
dollars (S32.00).
(d) Each day any violation occurs or continues shall be a
separate offense.
(e) The amount of any civil penalty specified in this Section
shall be increased by twelve dollars ($12.00) 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(c).
(f) 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
~-m~[~ ~,~,A~ passages are deleted.
added.
5
Underlined passages are
7 5 7 9 9 0
parking violation is mailed pursuant to Section 1-20-33(d), 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 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 dollars ($5.00) for dismissing the case under this section.
(9) The clerk of the court shall supply the Department of
Highway Safety and Motor Vehicles with a magneticall¥ encoded
computer tape reel or cartridge which is machine readable by th~
installed computer system at the department, listing persons who
have any outstandin9 violations of Section 316.1955, Section
316.1956, or any similar local ordinance regulating parkin9 in
spaces designated for use by disabled persons.
~--,[-:--4.~.].~..~ passages are deleted.
added.
6
Underlined passages are
757
PART C. AMENDMENT OF SECTION 1-20-45 (PERMITS) OF
DIVISION 3 (RESTRICTIONS ON HEAVY VEHICLES AND
EQUIPMENT IN RESIDENTIAL DISTRICTS) OF ARTICLE
II (STOPPING, STANDING AND PARKING) OF CHAPTER
1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF
ST. LUCIE COUNTY.
Section 1-20-45 of Division 3 of Article II of Chapter 1-20 of
the Code of Ordinances of St. Lucie County is hereby amended to
read as follows:
Section 1-20-45. 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 1-20-42 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.
(a) Whenever any motor vehicle without a driver is found
parked, stopped or standing in violation of any restrictions
imposed under this division, the law enforcement officer finding
such vehicle shall take its license number, and may take any other
information displayed on the vehicle which may identify its user,
and shall conspicuously affix to such vehicle a notice in writing,
on a form provided by the clerk of the county court requiring th~
driver to pay a civil penalty of thirty-two dollars ($32.00) to
such clerk within ten (10) days or to appear before a hearing
~m,~:~,,~,,,~m~ passages are deleted. Underlined passages are
added.
7
7 5 7 f, E2 9 9 2
officer at the time, date and location specified on such notice.
(b) If a violator of the restrictions on stopping, standing
or parking under this division does not pay such civil penalty
within such ten (10) days or appear before a hearing officer as
provided in such notice, a warrant for his arrest shall be issued.
(c) In any action charging a violation under this division
governing the stopping, standing or parking of a motor vehicle,
proof that the particular vehicle described in the complaint was
parked, stopped or standing in violation under this division,
together with proof that the defendant named in the complaint was
at the time of such parkinq, stopping or standing the registered
owner of such vehicle, shall be prima facie evidence that the
registered owner of such vehicle was the person who stopped, stood
or parked such vehicle at the point where, and for the time durinq
which, such violation occurred.
PART D. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to
unincorporated areas of St. Lucie County, County ordinances and
County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent of
such conflict.
PART E. SEVERABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative or void, such holding
shall not affect the remaining portions of this ordinance. If this
~K~: ~l~,]~f91 passages
added.
are
deleted.
8
Underlined passages are
7 5 79 9 3
ordinance or any provision thereof shall be held to be inapplicable
to any person, property or circumstances, such holding shall not
affect its applicability
circumstances.
PART F. APPLICABILITY.
This ordinance shall
to any other person, property or
be applicable throughout St. Lucie
County's jurisdiction except where in conflict with a municipal
ordinance to the extent of such conflict.
PART G. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and hereby is directed forthwith to send a
certified copy of this ordinance to the Bureau of Laws, Department
of State, The Capitol, Tallahassee, Florida, 32304.
PART H. 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 I. EFFECTIVE DATE.
This ordinance shall become effective as provided by law.
PART J. ADOPTION.
After motion and second the vote on this ordinance was as
follows:
Chairman Havert L. Fenn
Vice Chairman Jim Minix
Commissioner Jack Krieger
Commissioner Judy Culpepper
ABSENT
AYE
AYE
AYE
~.m~[~:~a.,~.~,~;~ passages
added.
are
deleted.
9
Underlined passages are
7 5 79 9
Commissioner R. Dale Trefelner
AYE
PART K. 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 D through K shall not be
codified.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of St. Lucie County, Florida, this 24th day of September, 1991'.
BOARD OF COUNTY COMMIS~
ST. LUCIE C0UNTY,
BY:
APPROVED AS TO FORM
CORRECTNESS:
ATTORNEY
1137957
'~1 OCT-3 P1:08
DOUO! ~-S !!!XON
~.~,.-~.~:~.~.~.]~[.,.~ passages are deleted.
added.
10
Underlined passages are
757 ?, r2995
ORDINANCE NO. 91-20
AN ORDINANCE AMENDING CHAPTER 1-7 (COURTS) OF
THE ST. LUCIE COUNTY CODE OF ORDINANCES BY
AMENDING SECTION 1-7-2 (CIRCUIT COURT - CIVIL
DIVISION SERVICE CHARGES) TO AMEND SECTION 1-
7-3 (CIRCUIT COURT - PROBATE AND GUARDIANSHIP
DIVISION SERVICE CHARGES) TO ADD A STATE COURT
EDUCATION TRUST FUND FEE OF TWO AND 50/100
DOT.T.a.~S UNDER SUMMARY ADMINISTRATION,' FAMILY
ADMINISTRATION, AND FORMAL ADMINISTRATION
GUARDIANSHIP, ANCILLARY, CURATORSHIP OR
CONSERVATORSHIP PROCEEDINGS; PROVIDING FOR
CONFLICTING PROVISIONS; SEVE~ABILITY 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. In order to include a State Court Education Trust Fund
Fee under Section 1-7-3 of the St. Lucie County Code of Ordinances
pursuant to the amendment of Section 28.2401(3), Florida Statutes,
it is necessary to amend Chapter 1-7 (Courts) of the St. Lucie
County Code of Ordinances.
2. 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:
Chapter 1-7 (Courts of the St. Lucie County Code of Ordinances
'is hereby amended to read as follows:
e~ u ~ ..... ~ passages are deleted.
added.
--1--
Underlined passages are are
Chapter 1-7
COURTS
ARTICLE I. IN GENERAL
Section 1-7-1. Additional costs for law enforcement training
Every court in the country, created by Article V of the State
Constitution shall assess two dollars ($2.00) in addition to the
two dollars ($2.00) assessed by section 943.25(4), Florida
Statutes, as a court cost against every person convicted for
violation of a state penal or criminal statute or convicted for
violation of a municipal or county ordinance. However, no such
assessment shall be made against any person convicted for violation
of any state statute, municipal ordinance, or county ordinance
relating to the parking of vehicles. All such costs collected by
the aforesaid courts shall be deposited in a special grant fund of
the county to be used for law enforcement training expenditures by
said county.
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:
S~.ruck ~ ...... ..... ~..~ passages are deleted.
added.
--2--
Underlined passages are are
(a)
(b)
(c)
For filing all civil actions (over five thousand dollars
($5,000.00):
*Clerk's service charge ......................
Legal Aid ....................................
Law Library ..................................
State civil action fees ......................
Court facility charge ........................
State court education trust fund .............
Mediation-arbitration charge .................
40.00
lO.OO
8.00
20.O0
2.5O
5.0O
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.
Additional charge for proceeding of
garnishment, attachment, replevin,
and distress .................................
$ 35.00
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:
(e)
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 ...................
Displaced Homemaker Trust Fund ...............
40.00
--0--
lO.OO
8.00
20.oo
5.00
2.50
5.00
$ 7.00
$ 5.o0
Total ........................................ $102.50
For filing petition for modification of a final judgment
of dissolution of marriage:
Mediation-Arbitration charge ................. $ 45.00
Struck through passages
added.
are deleted.
--3--
Underlined passages are are
(f) For filing notice of appeal:
Service charge to district court
of appeal and state supreme court ....... $250.00
Service charge to clerk of the
circuit court ........................... $ 75.00
Ce
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
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
Court facility charge ........................ $ 8.00
Mediation-Arbitration charge $ 5 00
Total ........................................ $ 43.00
(b) Caveat:
Clerk's service charge.
$
15.00
Legal aid .............. ~~~~
--0--
-~ruc., through passages are deleted.
added·
--4--
Underlined passages are are
7 6 I0 3 0
(c)
Law Library ..................................
Court facility charge ........................
Mediation-Arbitration charge .................
$ 10.00
$ 8.00
$ 5.00
Total ........................................ $ 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 facility charge ........................
Mediation-Arbitration charge .................
$ 30.00
--0--
$ 10.00
$ 8.00
$ 5.00
Total ........................................ $ 53.00
(d) For disposition
administration:
of personal property without
Clerk's service charge.
Legal aid .............. ~~~~
Law Library ..................................
Court facility charge ........................
Mediation-Arbitration charge .................
20.00
--0--
8.00
8.00
5.00
Total ........................................ $ 35.00
(e) Summary administration:
Clerk's service charge.
Legal aid .............. ~~~~
Law Library ..................................
Court facility charge ........................
State court education trust fund .............
35.00
--0--
10. oo
8.00
2.50
Mediation-Arbitration charge ................. $ 5.00
Total $58 gA $ 60 50
(f) Family administration
Clerk's service charge.
Legal aid .............. ~~~~
Law Library ..................................
Court facility charge ........................
State court education trust fund .............
Mediation-Arbitration charge .................
45.00
--0--
10.00
8.00
2.50
$ 5.00
Total e=o AA $ 70 50
-.-UC.: ~ ..... k passages
added.
are deleted.
--5--
Underlined passages are are
(g)
Formal administration guardianship, ancillary, curator-
ship or ¢onservatorship proceedings:
Clerk's service
Legal aid ....... ?.h.a.r.g?~~~~
Law Library ..................................
Court facility charge ........................
State court education trust fund .............
Mediation-Arbitration charge .................
75.00
--0--
10.00
8.00
2.50
$ 5.00
Total ................................. 698~9~. $100.50
(h) Guardianship proceedings of person only:
Clerk's service charge .......................
Legal aid ....................................
Law Library ..................................
Court facility charge ........................
Mediation-Arbitration charge .................
25.00
--0--
10.00
8.00
5.00
Total ........................................ $ 48.00
(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.
Legal aid .............. ::::::::::::::::::::::
Law library ..................................
Court facility charge ........................
$ 25.00
$ -0-
$ 10.00
$ 8.00
Total ........................................ $ 43.00
PART C.
AMENDMENT OF SECTION 1-7-4. COUNTY COURT CIVIL DIVISION
CHARGES AND COSTS·
Section 1-7-4 (County Court Civil Division Charges and Costs)
is hereby amended to read as follows:
Struck thrcugh passages are deleted.
added.
--6--
Underlined
passages are are
'iO 78 I ;,0[0032
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 ($100.00):
Filing fee
Court facility ...............................
Law library ..................................
State court education trust fund .............
State court cost .............................
Mediation-Arbitration charge .................
$ 10.00
$ -0-
$ 2.00
$ 2.00
$ 2.50
$ 7.00
$ 5.o0
Total ........................................ $ 28.50
(b)
Claims of one hundred dollars ($100.00) or more but less
than two thousand five hundred dollars ($2,500.00):
Filing fee
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
(c)
Claims of more than two thousand five hundred dollars
($2,500.00):
Filing fee
Court facility
Law library...~~~~~~
State court education trust fund .............
State court cost .............................
Mediation-Arbitration charge .................
$ 40.00
$ -0-
$ ~2.oo
$ 2.0o
$ 2.50
$ 7.00
$ 5.00
Total ........................................ $ 68.50
_.r--c.~ ~ ..... u passages
added.
are deleted.
--7--
Underlined
passages are are
7 G I 0 3 3
(d) Removal of tenant (eviction):
Filing fee ......
Legal aid. ...... [[[[[[[[[[[[[[[[[ [[[[[ [[[ [[[[ $ $ 35.00 -0-
Court facility............................... $ 4.00
Law library...''''''''''''''''''''''''''''''' $ 5.00
State court education trust fund ............. $ 2.50
State court cost ............................. $ 7.00
Mediation-Arbitration charge ................. $ 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.
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.
~ ' ~ ..... ~ passages are deleted.
added.
--8--
Underlined passages are are
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-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.
-~r--c.: ~ ..... ~ passages are deleted.
added.
--9--
Underlined passages are are
Sec2£on 1-7-10 - 1-7-19. Reserved.
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. SEVERABILITYAND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable
to any person, property, or circumstance, such holding shall not
affect its applicability to any other person, property, or
circumstance.
PART F. FILING WITH THE DEPARTI~NT 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 G. EFFECTIVE DATE.
This ordinance shall take effect upon adoption of the Board of
County Commissioners.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
e~ .... 7. ~ ..... ~ passages are deleted.
added.
-10-
Underlined passages are are
Chairman Havert L. Fenn
AYE
Vice Chairman Jim Minix
AYE
Commissioner Judy Culpepper
AYE
Commissioner Jack Krieger
AYE
Commissioner R. Dale Trefelner 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 ~ day of ~~ , 1991.
j¥°; Dei~m,t:¥ 'Clerk
ATTEST:
~ .... "~ ..... ~ passages are deleted. Underlined passages are are
added.
-11-
1148980
ORDINANCE NO. 91-21
~ Fee
Doc Assump
Doc '[ax $ Clerk (:i~c~;t Court
Int Tax $. ByL--~'-Z'~-'-~ -.,
Total $~"~9 g~,S~_ I)ePU'Y Clerk
AN ORDINANCE AMENDING THE ET. LUCIE COUNTY
LAND DEVELOPMENT CODE BY: AMENDING CHAPTER II
(DEFINITIONS) BY DELETING THE DEFINITION OF
"GRADE", CHANGING THE DEFINITIONS OF
"COMMERCIAL VEHICLE", "HEIGHT", AND "MEAN SEA
LEVEL (MSL)" AND CREATi,,g DEFINITIONS OF
"ALTERATION", "GRADE, NATURAL", AND "GRADE,
FINISHED"; BY AMENDING SECTION 3.01.03 (ZONING
DISTRICTS) BY ADDING CAMPS AND RESORTS TO THE
LIST OF CONDITIONAL USES IN AGRICULTURAL
ZONING DISTRICTS, ADDING OUTDOOR SHOOTING
RANGES TO THE LIST OF CONDITIONAL USES IN
CERTAIN AGRICULTURAL ZONING DISTRICTS AND THE
UTILITIES ZONING DISTRICT, ADDING MOBILE FOOD
VENDORS TO THE LIST OF PERMITTED USES IN
INDUSTRIAL HEAVY, INDUSTRIAL LIGHT AND
INDUSTRIAL EXTRACTIOY ZONING DISTRICTS, ADDING
SCRAP AND WASTE MATERIALS TO THE LIST OF
CONDITIONAL USES IN THE INDUSTRIAL LIGHT
ZONING DISTRICT, AND AMENDING THE REGULATIONS
FOR THE HUTCHINSON ISLAND RESIDENTIAL
DISTRICT~ BY AMENDING SECTION 6.02.00 (COASTAL
AREA PROTECTION)~ BY AMENDING SECTION 6.02.00
(SHORELINE PROTECTION)~ BY AMENDING SECTION
6.02.00 (WETLRNDS PROTECTION)~ BY AMENDING
SECTION 6.04.01 (NATIVE UPLAND HABITAT
PROTECTION)} BY AMENDING SECTION 6.04.02 (SEA
TURTLE PROTECTION) TO CHANGE THE SEA TURTLE
NESTING SEASON~ BY AMENDING SECTION 7.04.01
(AREA, YARD, HEIGHT, AND OPEN SPACE
REQUIREMENTS) TO PROHIBIT USE OF VEGETATION
AND SOLID WASTE AS FILL MATERIAL AND TO
REQUIRE A CERTIFICATE OF ZONING COMPLIANCE FOR
NON-RESIDENTIAL BUILDINGS ON FARMS~ BY
AMENDING SECTION 7.06.03 (OFF-STREET LOADING
AND DELIVERY SPACES)~ BY AMENDING SECTION
7.09.03 (GENERAL PROVISIONS) TO REQUIRE
AUTOMATIC IRRIGATION AND REQUIRE A MIX OF
SPECIES WHEN MORE THAN TEN TREES ARE REQUIRED
BY THE CODE~ BY ADDING THE TEXT TO RESERVED
SECTION 7.09.06 (STANDARDS FOR NATIVE AND
DROUGHT TOLERANT VEGETATION); BY AMENDING
SECTION 7.10.01 (MOBILE FOOD VENDORS)~ BY
AMENDING 7.10.02 (PROHIBITION OF OUTDOOR
DISPLAYS IN COMMERCIAL ZONING DISTRICTS)~ BY
AMENDING SECTION 7.10.11 (DISTANCE
REQUIREMENTS FOR ALCOHOLIC BEVERAGES) TO
CHANGE THE METHOD OF MEASUREMENT~ BY AMENDING
SECTION 7.10.12 (SCRAP AND WASTE MATERIALS) TO
PROVIDE CRITERIA FOR SCRAP AND WASTE MATERIAL
COLLECTION IN INDUSTRIAL LIGHT ZONING AND TO
7 6 63 7 1
AMEND THE PROVISIONS FOR SCRAP AND WASTE
MATERIAL OPERATIONS IN INDUSTRIAL HEAVY
ZONING~ BY AMENDING SECTION 7.10.16
(RECREATIONAL VEHICLE PARKS) TO PROVIDE THAT
WOOD DECKS MAY EXTEND BEYOND THE FRONT OF A
RECREATIONAL VEHICLE OR TRAVEL TRAILER~ BY
CREATING SECTION 7.10.19 (OUTDOOR SHOOTING
RANGES)~ BY AMENDING SECTION 8.02.02
(PARTICULAR TEMPORARY USES PERMITTED) BY
ADDING PROVISIONS FOR TEMPORARY ON-SITE REAL
ESTATE SALES CENTERS~ BY AMENDING SECTION
9.01.01 (PERMITTED PERMANENT SIGNS)~ BY
AMENDING SECTION 9.03.00 (PROHIBITED SIGNS) TO
PROHIBIT POLITICAL SIGNS THAT HAVE NOT BEEN
REMOVED WITHIN SEVEN DAYS FOLLOWING THE
ELECTION TO WHICH THEY REFER~ BY AMENDING
SECTION 9.04.00 (PERMIT EXCEPTIONS)~ BY
AMENDING SECTION 10.00.04 (NONCONFORMING LOTS
OF RECORD)~ BY AMENDING SECTION 10.01.01
(GENEI~X?.T.Y) TO PROVIDE THAT THE BOARD OF
ADJUSTMENT HAS GENERAL AUTHORITY TO GRANT
VARIANCES FROM DIMENSIONAL REQUIREMENTS~ BY
AMENDING SECTION 11.02.05 (REVIEW OF
APPLICATIONS FOR PRELIMINARY AND FINAL SITE
PLANS FOR PLANNED IMPROVEMENTS)} BY AMENDING
SECTION 11.02.06 (EXPIRATION OF FINAL SITE
PLAN APPROVAL) TO PROVIDE THAT SITE PLANS MAY
BE VALID FOR LESS THAN TWELVE MONTHS IF A
SERVICE PROVIDER CANNOT GUARANTEE CAPACITY FOR
THE ENTIRE TWELVE MONTHS~ BY AMENDING SECTION
11.02.09 (SUBMITTALS FOR MINOR AND MAJOR SITE
PLANS) TO UPDATE TRANSPORTATION IMPACT REPORT
REQUIREMENTS~ BY AMENDING SECTION 11.02.10
(SUBMITTALS FOR PLANNED DEVELOPMENT SITE
PLANS)~ BY AMENDING SECTION 11.03.03 (REVIEW
OF FINAL RECORD PLAT)~ BY AMENDING SECTION
11.05.09 (WASTEWATER AND SEWAGE DISPOSAL
COMPLIANCE PERMITS)~ BY AMENDING SECTION
11.07.05 (APPLICATION PROCEDURES)~ BY AMENDING
SECTIONS 13.00.01 (GENERALLY), 13.02.01
(ADOPTED), 13.03.01 (ADOPTED), 13.04.01
(ADOPTED), AND 13.05.01 (ADOPTED) TO ADOPT
CURRENT EDITIONS OF CONSTRUCTION CODES; BY
CREATING SECTIONS 13.03.02 AND 13.04.03
(PRESENCE OF REQUIRED PERSONNEL)~ BY CREATING
SECTION 13.07.00 (GAS CODE)~ PROVIDING FOR
CONFLICTING PROVISIONS~ PROVIDING FOR
SEVERABILITY~ PROVIDING FOR APPLICABILITY~
PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE~ PROVIDING FOR AN EFFECTIVE DATE~ AND
PROVIDING FORADOPTION.
0766
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. On August 1, 1990, the Board of County Commissioners of
St. Lucie County, Florida, adopted the St. Lucie County Land
Development Code.
2. On March 14, 1991, the Board of County Commissioners
adopted certain amendments to the St. Lucie County Land Development
Code.
3. In the subsequent usage of this Code it has been
determined that additional changes are necessary in order to
correct certain grammatical problems, to provide greater
clarification, or to compensate for omissions.
4. In order to designate the zoning districts in which
outdoor ranges may be permitted, subject to a Conditional Use
Permit, and to provide for supplemental regulations governing
outdoor shooting ranges, it is necessary to amend the Code.
5. On November 30, 1990, the South Florida Water Management
District provided St. Lucie County with information on the manner
in which the adopted Wetlands Regulation section of the Code
differs from the Water Management District's regulation of
wetlands.
6. On January 14, 1991, the Board of County Commissioners
received a report from the Community Development Department
indicating that the sea turtle nesting season on St. Lucie County
beaches is actually longer than had previously been known.
~ .... ~- ~ ..... ~ passages are deleted
added. 3
Underlined passages are
OR ¸
, 0766 I , ;[0373
7. On July 18, 1991, the Department of Community Affairs
found the St. Lucie County Comprehensive Plan in compliance with
Chapter 163, Florida Statutes, a finding which allows greater
specificity in describing the standards by which an application for
development or alteration of native upland habitat listed on the
Inventory of Environmentally Sensitive Native Ecosystems will be
evaluated.
8. During the preparation of the Land Development Code,
Section 7.09.06 was reserved for future enactment of standards for
native and drought-tolerant vegetation, which now can be added to
the text of the Code.
9. On September 26, 1991, the Local Planning Agency/St.
Lucie County Planning and Zoning Commission held a public hearing
on the proposed ordinance after publishing notice in The Tribune at
least fifteen (15) days prior to the hearing and recommended that
the proposed ordinance be adopted as drafted.
10. On October 17, 1991, this Board held its first public
hearing on the proposed ordinance, after publishing a notice of
such hearing in The Tribune on September 27, 1991.
11. On November 7, 1991, this Board held its second public
hearing on the proposed ordinance, after publishing a notice of
such hearing in The Tribune on October 18, 1991.
12. The proposed amendment to the St. Lucie County Land
Development Code is consistent with the general purpose, goals,
objectives, and standards of the St. Lucie County Comprehensive
Plan and is in the best interest of the health, safety, and public
welfare of the citizens of St. Lucie county, Florida.
~ .... 1. ~k ..... k passages are deleted.
added. 4
Underlined passages are
7 6 63
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS:
2.00.00 DEFINITIONS
ALTERATION: Any change in the use of land listed on the Inventory
of Environmentally Sensitive Native Ecosystems, including but not
l{m~ted to erection of structures or conduct of business activities
not requiring site plan approval, commencement of agricultural use,.
storaqe of vehicles or materials, and draininq or irrigating the
land.
COMMERCIAL VEHICLE: Every vehicle designed, used or maintained
primarily for the transportation of property with a gross vehicular
w~ weight of ten thousand (10,000) pounds or more. It shall
also mean any bus with a gross vehicle weight in excess of ten
thousand (10,000) pounds. It shall be presumed that any vehicle
having a tax class of 40 to 44, both inclusive, is a "commercial
vehicle" as defined herein.
GRADE, NATURAL: The elevation of the ground surface, in its natural
conditions, prior to any man made alteration resulting in an
increase or decrease in elevation relative to Mean Sea Level (MSL)..
GRADE, FINISHED: The elevation of the finished surface of the
ground adjacent to the exterior wall(s) of a building or structure·
HEIGHT: The vertical distance between the minimum finished grade
and the highest finished main roof surface in the case of flat
roofs or a point at the average height of roofs having a pitch of
more than one (1) foot in four and one-half (4 1/2) feet. For the
purpose of this code, minimum finished grade shall be that
elevation, for both residential and nonresidential uses, required
to minimum flood protection regulations.
MEAN SEA LEVEL (MSL): The average height of the sea for all stages
of the tide
-~ .... ~ ...... ~- ~- ~~- For purposes of this Code, the
term is synonymous with National Geodetic Vertical Datum (NGVD).
e~ .... ~' ~ ..... ~ passages are deleted
added. 5
Underlined passages are
PAE0375
3.01.03 ZONING DISTRICTS
A. AG AGRICULTURAL -1
7. Conditional Uses
a®
f®
g.
h.
i.
Agricultural labor housing·
Agricultural processing.
Aircraft storage and equipment maintenance.
Airports and flying, landing, and takeoff fields.
Family residential homes located within a radius of one
thousand (1,000) feet of another such family residential
home.
Farm products warehousing and storage.
Gasoline service stations.
Industrial waste water disposal.
Manufacturing:
(1) Canning and preserving of fruits, vegetables, and
seafoods.
(2) Dairy products.
(3) Meat products.
(4) Sugar.
Mining activities and related services.
Radio, television, and microwave communication stations
and towers.
Refrigerated warehousing.
Retail trade:
(1) Farm equipment and related accessories.
(2) Men's and boys' clothing and furnishings.
(3) Women's ready-to-wear.
Sewage disposal subject to the requirements of Section
7.10.13.
Camps and resorts.
B. AG-2.5 AGRICULTURAL - 2.5
7. Conditional Uses
ae
g-
h.
i.
Agricultural labor housing.
Agricultural processing.
Aircraft storage equipment maintenance.
Airports and flying, landing, and take-off fields.
Family residential homes located within a radius of one
thousand (1,000) feet of another such family residential
home.
Farm products warehousing and storage.
Gasoline service stations.
Industrial wastewater disposal.
Manufacturing:
(1) Canning and preserving of fruits, vegetables, and
seafoods.
e~ .... " ~ ..... ~ passages
added·
are deleted.
6
Underlined passages are
0766 376
(2) Dairy products.
(3) Meat products·
(4) Sugar.
Mining activities and related services.
Radio, television, and microwave communications stations
and towers.
Refrigerated warehousing.
Retail trade:
(1) Farm equipment and related services.
(2) Men's and boys' clothing and furnishings.
(3) Women's ready-to-wear.
Sewage disposal subject to the requirements of Section
7.10.13.
Camps and resorts.
Outdoor shooting ranges, providing site plan approval is
obtained according to the provisions of Sections 11.02.07
through 11.02.09 and Section 7.10.19 of this Code.
AG-5 AGRICULTURAL - 5
Conditional Uses
g.
h.
i.
Agricultural labor housing.
Agricultural processing.
Aircraft storage and equipment maintenance.
Airports and flying, landing and take-off fields.
Family residential homes located within a radius of one
thousand (1,000) feet of another such family residential
home.
Farm products warehousing and storage.
Gasoline service stations.
Industrial wastewater disposal.
Manufacturing:
(1) Canning and preserving of fruits, vegetables, and
seafoods.
(2) Dairy products.
(3) Meat products.
(4) Sugar.
Mining activities and related services.
Radio, television, and microwave communications stations
and towers.
Refrigerated warehousing.
Retail trade:
(1) Farm equipment and related accessories.
(2) Men's and boy's clothing and furnishings.
(3) Women's' ready-to-wear.
Sewage disposal subject to the requirements of Section
7.10.13.
Camps and resorts.
Outdoor shooting ranges, providing site plan approval is
obtained according to the provisions of Sections 11.02.07
through 11.02.09 and Section 7.10.19 of this Code.
............. gh passages are deleted.
added· 7
7 6 63 7 7
Underlined passages are
IL INDUSTRIAL, LIGHT
Permitted Uses
g.
h.
i.
Automobile and truck rental services.
Contract construction services.
Engineering, architectural and surveying services.
Equipment rental and leasing services.
Fishing activities and related services.
Freight forwarding services.
Gasoline service stations.
Laundering, dry cleaning, and dyeing services.
Manufacturing:
(1) Apparel and other finished products, except leather
and furs.
(2) Bakery products.
(3) Beverages.
(4) Brooms and brushes.
(5) Communication equipment.
(6) Confectionery and related products.
(7)Costume jewelry, costume novelties, and notions.
(8)Dairy products.
(9)Electrical lighting and wiring equipment.
(10) Electronic components and accessories.
(11) Fabricated structural metal products.
(12) Household appliances.
(13) Ice.
(14) Jewelry, silverware, and platedware.
(15) Lamp shades.
(16) Miscellaneous plastic products.
(17) Mobile homes and accessories.
(18) Morticians goods.
(19) Musical instruments and parts·
(20) Office computing and accounting machines.
(21) Pens, pencils, and other office and artists'
materials.
(22) Plastic products - fabrication, molding, cutting,
extrusion, and injection processing·
(23) Prefabricated structural wood products.
(24) Professional, scientific and controlling
instruments, photographic equipment and supplies,
watches and clocks.
(25) Radio and television receiving sets (except
communication types).
(26) Sighting and fire control equipment.
(27) Signs and advertising displays.
(28) Small arms.
(29) Toys, amusements, sporting and athletic goods.
(30) Umbrellas, parasols, and canes.
Marine terminals (passenger).
Merchandise and vending machine operators.
~ .... u ~ ..... ~ passages
added.
are deleted.
8
Underlined passages are
]0766 3 7 8
m.
n.
O.
p.
q.
r.
s.
t.
U.
V®
Millwork.
Motion picture production and distribution services.
Motor freight transportation.
Motor vehicle repair and services.
Motor vehicle parking.
News syndicate services.
Packing and crating services.
Photo finishing services.
Printing and publishing.
Radio and television broadcasting studios (only combined
systems).
Radio broadcasting studios (only).
Repair services.
Research, development, and testing services.
Ship, boat building, and repairing - less than forty-five
(45) feet·
Sorting, grading, and packaging services.
Taxicab transportation.
Telegraph message centers.
Television broadcasting studios (only).
Warehousing and storage - excluding stockyards.
Water utilities and irrigation.
Wholesale trade:
(1) Motor vehicle and automotive equipment.
(2) Beer, wine, and distilled alcoholic beverages.
(3) Cotton.
(4) Drugs, chemicals, and allied products.
(5) Dry goods and apparel.
(6) Electrical goods.
(7) Furniture and home furnishings.
(8) Grain.
(9) Groceries and related products.
(10) Hardware, plumbing and heating equipment, and
supplies.
(11) Hides, skins, and raw furs.
(12) Leaf tobacco.
(13) Lumber and other building materials.
(14) Machinery, equipment, and supplies.
(15) Paper and paper products.
(16) Tobacco and tobacco products.
(17) Wool and mohair.
Mobile food vendors
7. Conditional Uses
Airports and flying, landing, and takeoff fields.
Canning and preserving of fruit, vegetables and seafood.
Dyeing and finishing of textiles (except wool fabrics and
knit goody).
Heliport landing/takeoff pads.
Manufacturing:
~ .... ~- ~ ..... ~ passages
added.
are deleted.
9
Underlined
passages are
7 6 6 PA rO 3 7 9
(1) Boot and shoe cut stock and findings.
(2) Broad and narrow woven fabrics and other small
wares (cotton, man-made fibers, silk, and wool).
(3) Cut stone and stone products.
(4) Felt goods (except woven felts and hats).
(5) Footwear (except rubber).
(6) Furniture and fixtures.
(7) Grain mill products.
(8) Handbags and other personal leather goods.
(9) Industrial leather belting and packing.
(10) Knit goods.
(11) Lace goods.
(12) Leather- and sheep-lined clothing.
(13) Leather gloves and mittens.
(14) Luggage.
(15) Motorcycles, bicycles, and parts.
(16) Other electrical machinery equipment and supplies,
NEC.
(17) Other fabricated metal products, manufacturing, NEC.
(18) Other food preparations and kindred products, NEC.
(19) Other leather products, NEC.
(20) Other lumber and wood products (except furniture).
(21) Other ordnance and accessories.
(22) Other textile goods.
(23) Other transportation equipment.
(24) Padding and upholstery filling.
(25) Processing waste and recovering fibers and flock.
(26) Tire cord and fabric.
(27) Tobacco products manufacturing.
(28) Wood containers.
(29) Yarns and threads.
Marine terminals (freight).
Marine terminals (passengers and freight).
Processing waste and recovering fibers and flock.
Radio transmitting stations and towers.
Telephone relay towers (microwave).
Television transmitting stations and relay towers.
Wholesale:
(1) Petroleum bulk stations and terminals.
Scrap and waste materials - subject to the provisions of
Section 7.10.12.A.
IH Industrial, Heavy
Permitted Uses
Any use permitted in the Industrial
district except that retail trade shall
as an accessory use, as provided below:
Light (IL) zoning
be permitted only
added.
passages are deleted
10
Underlined passages are
7 G 63 8 0
ae
Agricultural processing.
Armature rewinding services.
Drawing and insulating of non-ferrous wire.
Docks and boathouses (private).
Dwelling and other building services.
Electric utility, except electric generation
plants.
Equipment rental and leasing services.
Fishing activities and related services.
Freight forwarding services.
Fur dressing and dyeing.
General contract construction services.
Laundering, dry cleaning, and dyeing services.
Mail order house, retail.
Manufacturing:
(1) Agricultural chemicals.
(2) Apparel and other finished products.
(3) Brooms and brushes.
(4) Concrete, gypsum, and plaster products.
(5) Costume jewelry, costume novelties, and notions.
(6) Fabricated metal products (except ammunition and
complete assembly of guided missiles and space
vehicles and other ordinance and accessories).
(7) Food and kindred products:
(a) Bakery products.
(b) Beverages.
(c) Canning and preserving of fruits,
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 kindred
products.
(8) Fur dressing and dyeing.
(9) Furniture and fixtures.
(10) Guns, howitzers, mortars, and related equipment.
(11) Jewelry, silverware, and platedware.
(12) Lamp shades.
(13) Linoleum, asphalted felt-base, and other surface
floor cover.
(14) Lumber and wood products (except furniture) (except
logging camps and logging contractors).
(15) Medicinal chemicals and botanical products.
(16) Mobile and modular housing.
(17) Morticians' goods.
(18) Musical instruments and parts.
(19) Paper and allied products
manufacturing).
(20) Pens, pencils, and other office
materials.
(except pulp
and artists'
Struck tkrcu~k passages are deleted.
added. 11
"0766
Underlined passages are
U.
V.
W.
X.
ye
z. Printing and publishing and allied industries.
aa. Research, development, and testing services.
bb. Taxicab transportation.
cc. Warehousing and storage services - except stockyards.
dd. Wholesale trade:
(1) Beer, wine, and distilled alcoholic beverages.
(2) Drugs, chemicals, and allied products.
(3) Dry goods and apparel.
(4) Electrical goods.
(5) Farm products (raw materials).
(6) Furniture and home furnishings.
(7) Groceries and related products.
(8) Hardware, plumbing and heating equipment,
supplies.
(9) Lumber and construction materials.
(21) Plastics materials and synthetic resins, synthetic
rubber, synthetic and other man-made fibers (except
glass).
(22) Pharmaceutical preparations.
(23) Professional, scientific, and controlling
instruments; photographic and optical goods;
watches and clocks.
(24) Rubber and miscellaneous plastic products (except
reclaiming rubber).
(25) Sighting and fire control equipment.
(26) Signs and advertising displays.
(27) Small arms.
(28) Soap, detergents, and cleaning preparations;
perfumes, cosmetics, and other toilet preparations.
(29) Stone, clay, and glass products.
(30) Tanks and tank components.
(31) Textile mill products.
(32) Tobacco products.
(33) Toys, amusements, sporting goods, and athletic
goods.
(34) Umbrellas, parasols, and canes.
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.
Packing and crating services.
Petroleum pipeline rights-of-way and pressure control
stations, NEC.
Photo finishing services.
and
(10) Machinery, equipment, and supplies.
(11) Metals and minerals (except petroleum and scrap).
(12) Motor vehicle and automotive equipment.
added.
passages are
deleted. Underlined passages
12
are
e
ee.
(13) Paper and paper products.
(14) Petroleum bulk stations and terminals.
(15) Tobacco and tobacco products.
Mobile food vendors
Offstreet Parking and Loading Requirements
Offstreet parking and loading requirements are subject to
Section 7.0Q.OO 7.06.00.
Landscaping Requirements
Landscaping requirements
7.09.00.
are subject to Section ~,.vv.vvn~ nn
7. Conditional Uses
a®
f.
g-
h.
i.
j.
k.
1.
m.
Airport and flying, landing and takeoff fields.
Ammunition (except small arms) and complete assembling
of guided missiles and space vehicles.
Heliport landing/takeoff pads.
Manufacturing:
(1) Biological products.
(2) Carbon black.
(3) Explosives.
(4) Glue and gelatin.
(5) Gum and wood chemicals.
(6) Industrial inorganic and organic chemicals -
manufacturing.
(7) Matches.
(8) Other chemicals and allied products.
(9) Other miscellaneous manufacturing.
(10) Other ordnance and accessories.
(11) Paints, varnishes, lacquers, enamels, and allied
products.
(12)Printing ink.
(13)Pulp.
(14)Small arms ammunition.
Natural or manufactured gas storage and distribution
points.
Petroleum refining and related industries.
Primary metal industries, except drawing and insulating
of non-ferrous wire.
Radio transmitting stations and towers.
Reclaiming rubber.
Scrap and waste materials - subject to the provisions of
Section 7.10.12.B.
Telephone relay tower.
Television transmitting stations and relay towers.
Warehousing and storage services - stockyards.
Struck through passages are deleted.
added. 13
Underlined passages are
° 07663 8 3
V. IX INDUSTRIAL, EXTRACTION
2. Permitted Uses
ae
Mining and quarrying of
fuels.
Mobile food vendors.
nonmetallic
minerals,
except
W. U UTILITIES
7. Conditional Uses
a®
Airports.
Electric generation plants.
Gas production plants.
Natural or manufactured gas storage and distribution
points.
Protective functions and their related activities.
Solid waste disposal.
Outdoor shooting ranges, providing site plan approval is
obtained according to the provisions of Sections 11.02.07
through 11.02.09 and Section 7.10.19 of this Code.
AA. HUTCHINSON ISLAND RESIDENTIAL DISTRICT
7. Residential Densities
a. (last paragraph of this section)
When the maximum percentage indicated in the table above would
yield less than one unit per acre, a maximum density of one
(1) unit per acre shall apply except for the R/C (Residential
Conservation) future land use designation. Properties within
the R/C future land use designation shall have their density
computation based upon .2 du/ac for all lands above mean high
water.
15. Additions to Recreational Vehicles, Mobile Homes, and Travel
Trailers
Ce
No addition to an existing recreational vehicle or travel
trailer shall be permitted unless the addition meets all
requirements of the RVP District. Provided, however,
that in recreational vehicle or condominium travel
trailer subdivisions, additions to recreational vehicles
and travel trailers shall be permitted subject to the
following requirements:
(1)
Florida rooms, screen rooms, and wood decks may be
erected if at all points the florida room, screen
room or wood deck is at least eight (8') feet from
~ .... '- ~ ..... ~ passages are deleted.
added. 14
Underlined passages are
any side lot line, at least five (5') feet from any
rear lot line, and at least ten (10"0 feet from any
front lot line and does not extend beyond the front
of the recreational vehicle or travel trailerT~
except that wood decks may extend beyond the front
of the r.v. or travel trailer.
6.02.01 COASTAL AREA PROTECTION
B. OVERALL REVIEW AND CONSISTENCY
Ail development not required to file for site plan approval
under Section 11.02.00 of this Code shall provide the
information necessary to evaluate conformance to this Section
on forms provided by the Community Development Administrator.
6.02.02 SHORELINE PROTECTION
B. ST. LUCIE RIVER SHORELINE
Development Regulations
Two zones are hereby created. The boundaries of the zones and
the restrictions applying to these zones are as follows:
a. Zone A
(1)
For a platted lot of record existing as of August
1, 1989, Zone A shall consist of the area from 0 to
50 feet from the mean hiqh water line, when the
site is located south of the Gordy Road structure,
or from the ordinary high water line, when the site
is located north of the Gordy Road structure; or
(2)
When there was no platted lot of record existing as
of August 1, 1989, Zone A shall consist of the area
from 0 to 75 feet from the mean high water line,
when the site is located south of the Gordy Road
structure, and from the ordinary high water line,
when the site is located north of the Gordy Road
structure.
No development activity or shoreline alteration, including
alteration of native vegetation and habitat, shall be
permitted, other than associated with the construction of a
private access point, including docks if permittable under
applicable laws.
e~ .... u ~ ..... ~ passages are deleted.
added· 15
Underlined passages are
7 E; G PAG[O 3 8 5
b. Zone B
Zone B shall consist of the area between Zone A and 75 to
300 feet from the mean high water line, when the site is
located south of the Gordy Road structure, and from the
~ ...... ordinary high water line, when the site is
located north of the Gordy Road structure.
No development activity that would permit the introduction of
any permanent structure that does not comply with the
provisions of St. Lucie County's flood damage prevention
regulations in Section 6.05.00 is to be permitted. No road
right-of-way (public or private), on-site drainage retention
pond or system (except for lawfully permitted drainage
conveyance outfalls), wastewater lift station, petroleum or
chemical storage area, or other activity that would contribute
to the degradation of the water quality within the North Fork
System, without the benefit of pretreatment activities, is
permitted.
C. INDIAN RIVER LAGOON ~ SHORELINES
Ail development along the Indian River Lagoon, includinq all
tributaries except those of the North Fork of the St. Lucie River,
.~v.~.~v...~-~^-- ~..~- . ~-~- ....... . ~ ~ ~ _~ .... ~ shall provide a native vegetation
buffer. Compliance with the following criteria shall be required
in order to protect against erosion, reduce runoff effects to the
Indian River Lagoon and other rivers and creeks caused by
development, maintain habitat value and productivity, and maintain
habitat value and productivity, and maintain natural scenic values:
1. Minimum Buffer Criteria
A native vegetation buffer adjacent to the Indian River Lagoon
or other river or creek shall be required. Except for public
and private access points, a native vegetation buffer or the
existing native conditions shall be maintained for a minimum
distance of fifty (50') feet from the mean water highwater
line or landward extent of state waters, whichever is greater.
2. Unbuildable Parcels of Land
A variance from compliance with subsection 1 above may be
requested as set out in subsections 3 and 4 below for parcels
of land which would be rendered unbuildable; however, a
minimum vegetation buffer shall be required for the purposes
listed in the introduction of this Section.
*~ .... '- ~ ..... ~ passages
added.
are deleted.
16
Underlined passages are
"0766
3. Minimum Buffer Variance
The Community Development Adminis%ra%or may approve a variance
to the minimum fifty (50') foot vegetation buffer, provided
that no variance shall permit a vegetation buffer of less than
forth (40')feet.
4. Maximum Buffer Variance
A variance to permit a vegetation buffer of less than forty
(40') feet may only be granted by the Board of Coun%y
Commissioners in accordance with procedures and standards set
forth in Section 10.01.11.
D. EXEMPTIONS FROM DEVELOPMENT REGULATIONS
The regulations shall pertain to all lands within the zones
adjacent to applicable waterways except:
Existing lots of record as of August 1, 1989T adioininq the
Indian River Laqoon and its tributaries.
6.02.03 WETLANDS PROTECTION
E. MITIGATION
4. Standards for Mitigation
No Overall Net Losses. Restoration or creation of
wetlands shall be permitted to compensate for wetland
losses only where restoration and/or creation will
restore lost wetland functions and values. The following
mitigation ratios shall be presumed to rcstorc provide
wetland functions and values if new wetlands are beinq
created:
G. EXEMPTIONS
The following activities are exempt from the permitting
requirements of this Section:
Dredging or filling which is required to connect
stormwater management facilities permitted by the South
Florida Water Management District to non-tidal wetlands
and which is incidental to the construction of such
stormwater management facilities. Incidental dredging or
filling shall include:
(1) Headwalls and discharge structures; and
Struck through passages are deleted.
added. 17
Underlined passages are
g 0766 1 , 6 0387
(2)
Erosion control devices or structures to dissipate
energy which are associated with discharge
structures; and
(3)
Outfall pipes less than tweenty feet (20') in
length in waters provided the pipe does not
interfere with navigation; and
(5~(4) Other dredging or filling which the Community
Development Adminis%ra%or determines will have a
similar effect as those activities listed above.
6.04.01 NATIVE UPLAND HABITAT PROTECTION
A. PURPOSE
The purpose of this Section is to contribute to implementation of
Objective 8.1.8 of the St. Lucie County Comprehensive Plan and to
protect native upland habitats from destruction through development
or the effects of development, in order that St. Lucie County might
continue to enjoy a diversity of plant and animal life supported by
the plant communities native to this area, and in particular the
endangered and threatened species found within the County.
B. GENERALLY
The Community Development Administrator shall designate and
map the areas to be to be included in the Inventory of
Environmentally Sensitive Native Ecosystems for purposes of
this Code. The Inventory shall include properties or portions
of properties that, as a part of any proposal for development
or alteration, shall be reviewed for possible public
acquisition or for partial preservation through a conservation
easement or other method to be approved by the Board of
County Commissioners.
Unless designated and mapped by the Community Development
Administrator prior to the application for a Development
Order, the following areas shall be excluded from
consideration as native ecosystems for purposes of this
Section:
Ail residentially zoned lots of record as of August 1,
1990, consisting of less than one and one-half acres.
~ .... ~ through passages are deleted.
added. 18
Underlined passages are
%RO 7 6 6 3 8 8
be
An area where the environmentally sensitive land has been
altered lawfully prior to the adoption of this Code and
where the environmentally sensitive land no longer
retains the natural values and functions on which the
designation of environmental sensitivity is based.
A property owner who desires an exemption from this Section on
the basis of prior lawful alteration may submit an application
for exemption to the Community Development Administrator, with
accompanying evidence that he or she is entitled to the
exemption pursuant to this Section.
Ail lots or properties on which an application for a
vegetation removal permit or an application for a Preliminary
Development Order applicaticn has been received shall be
evaluated for possible inclusion wholly or in part in the
Inventory of Environmentally Sensitive Native Ecosystems,
unless the Community Development Administrator has previously
issued an exemption.
.C. APPROVAL CRITERIA FOR ALTERATION OR DEVELOPMENT
A proposed land alteration, as defined in Chapter II, or
development on a property listed wholly or in part on the Inventory
of Environmentally Sensitive Native Ecosystems shall be approved
only if:
The project design and approval conditions provide~ for the
protection and preservation of the values and functions of the
environmentally sensitive lands to the maximum extent
feasible, considering the type of development proposed; and
A satisfactory management plan of tkc any proposed preserve
area has been prepared by the applicant which shall include,
but not be limited to, eradication and continued monitoring
and removal of exotic species, fencing, and periodic
controlled burning or other mechanical methods that would
simulate the natural processes of the natural historic fire
regime, as appropriate; and
For those lands identified for preserve status, appropriate
deed restrictions, dedication to a public entity or approved
private conservation group, or conservation easements are
proposed to ensure preservation; and
Clustering of development on less sensitive portions of the
site has been considered; and
For a site on which endangered, threatened or rare species or
species of special concern (listed species) are present, one
of the following criteria can be satisfied:
~ .... ~' ~ ..... ~ passages are deleted·
added· 19
Underlined passages are
De
a®
The applicant successfully demonstrates that the proposed
action alteration or development will not preclude the
continued survival and viability of those listed species
located on the site; or
be
The applicant presents a plan for relocation, either
on-site or off-site, for those listed species, which has
been reviewed and approved by all appropriate agencies.
SUPPLEMENTAL INFORMATION REQUIRED WHEN
APPLICATIONS ARE FILED PERTAINING TO PROPERTIES LISTED ON THE
INVENTORY
~ ......... a ~~ Any person applying for a vegetation
removal permit or Development Order skcu!d bc on land that is
listed on the Inventory of Environmentally Sensitive Native
~ .... ~-~ shall provide a professionally
Ecosystems, ..... ~
prepared supplemental submission
~-~- containing the following information:
bo
A list of endangered or threatened species and species of
special concern found on the site; and
Colonial bird nesting or roosting areas or areas in which
migratory species are known to congregate; and
A description of proposed operations to be performed on
site, including use, storage, handling, or production of
substances known to be harmful to plants and/or animals~i
includin~ identification of any pollutants expected to be
emitted during project operationl and identification of
solid wastes generated and disposal methods expected to
be used; and
de
A discussion of project alternatives, including options
considered and rejected and the rationale for rejection
of each option considered; and
ee
Proposed mitigation measures in detail as they relate to
possible loss of habitat or impact on endangered,
threatened or rare animal and plant species, or species
of special concern.
If no other application under this Code is pending, but an
alteration as defined in Chapter II is proposed for property
already listed on the Inventory of Environmentally Sensitive
Native Ecosystems, an application for a sensitive land
alteration permit shall be prepared~ on a form furnished by
the Community Development Administrator.
added.
passages are deleted.
20
Underlined passages are
0766
PROCEDURE FOR REVIEW OF ~ T~r~T?~, ~9~ o~,o¥r~r~7~3
APPLICATIONS PERTAINING TO INVENTORY PROPERTIES
Upon receipt of the completed application for a sensitive land
alteration permit~ .... ~ .............................
~ -. ~-~-~k 1 veqetation removal permit, or
Development Order pertaininq to a property listed on the
Inventory of Environmentally Sensitive Native EcosystemQ, the
Co~,~uunity Development Administrator shall review and evaluate
the environmental impacts of said proposal in light of tkc
gcal~,_Objectives, --~ ~~~-~ 8.1.8 of the Conservation
Element of the Comprehensive Plan~ and the associated
policies· The Administrator shall work with the applicant and
other environmental agencies to provide the best possible
development or alteration proposal to satisfy the goals of
this Code and the Comprehensive Plan as well as allowing for
economic use of the property·
The Community Development Administrator shall complete its
review of the completed application for an alteration permit
within twenty (20) working days and approve, approve with
conditions, or deny the permit.
The Community Development Administrator shall review a
supplemental submission of native ecosystems information
within twenty (20) days or within the same time period that
the underlying application is required to be reviewed,
whichever is longer.
F. PUBLIC ACQUISITION
Should the Community Development Administrator determine that
public acquisition of an interest in the property is the best
option to protect these environmentally sensitive lands
proposed for development, the Administrator shall initiate
action before the Board of County Commissioners or other
appropriate governmental entity for consideration of such
possibility· Action on the development application shall be
deferred by the Administrator for a period of time not to
exceed sixty (60) days while said agencies consider the public
acquisition of said land. At the expiration of the sixty (60)
day period, the development application shall be allowed to
proceed through the development approval process, subject to
-~ ............. cn~ review as described in this Section
unless the land has been acquired or interest in public
acquisition is formally confirmed.
2. Should the Board and/or other governmental entity decide that
public acquisition is the best option to protect all or part
of these environmentally sensitive lands proposed for
Struck tkrcug~ passages are deleted. Underlined passages are
added. 21
development, approval of the proposed development will be
deferred for a ~A ~..~_~ A~_~.. ,~on~ ~ ...... ~ m~ .... ~
................~ ~ ....... ~ .......... per od not to exceed
one hundred eiqhty (180) days to allow t{me to complete public
acquisition.
Should the Board and/or other governmental entity decide not
to acquire all or part of the particular site containing
environmentally sensitive lands, the development application,
as modified for any lands acquired by the public, shall be
allowed to proceed through the development approval process,
subject to apprcpriatc conditions review as described in this
Section.
DETERMINATION OF SUFFICIENCY
~ ...... ~-- The owner of land listed on the Inventory of
Environmentally Sensitive Native Ecosystems who wishes to
arrange for the preservation of environmentally sensitive
portions of his or her lands prior to development may file an
application with the Community Development Administrator for
a determination of sufficiency of the proposed boundaries of
environmentally sensitive native ecosystems to be preserved~
The application for a determination of sufficiency shall
include at least the following information prepared by a
qualified professional approved by the Community Development
Administrator:
Boundaries of land to be set aside in a preserve status
and a legal description of the entire tract;
A vegetation inventory and such other information as the
Community Development Administrator may require to
determine the quality of the habitat;
A list of endangered or threatened species and species of
special concern found on the site; and
Colonial bird nesting or roosting areas or areas in which
migratory species are known to congregate; and
A proposal for appropriate deed restrictions, dedication
to a public entity or approved private conservation
group, or conservation easements to ensure preservation;
and
A proposal for conditions to be attached to the
development to assure that construction and operations do
not degrade the quality of habitat found on the area to
be preserved.
...... ~.. passages
added.
are
deleted.
22
Underlined passages
are
]0766 392,
Upon receipt of the application for a determination of
sufficiency, the Community Development Administrator shall
review the proposal for completeness and respond to the
applicant within twenty (20) working days with an approval or
a denial. The Administrator shall ~ .... approve the
application if ~ ~-~-~-~ ~^~--~~ ~ unless it is
determined that:
To submit The property should be submitted to the Board
of County Commissioners or other appropriate governmental
entity for consideration for possible acquisition; or
eb.
That thc The values and functions of the habitat proposed
for preservation are insufficient to meet the goals and
policies of the St. Lucie County Comprehensive Plan with
regard to preservation of environmentally sensitive
habitat; or
~- ~-~- ~-~ ~^~ There is a reasonable doubt
whether the preservation measures proposed will meet the
spirit and intention of the goals and policies of the
Comprehensive Plan with regard to habitat preservation.
H. FEES
Fees shall be charged for the determination of sufficiency
according to a schedule set by resolution of the Board of County
Commissioners.
I. APPEALS
Any administrative decision made under this Section may be appealed
to the Environmental Control Board according to the procedures
described in Chapter 11.11.00.
6.04.02 SEA TURTLE PROTECTION
D. PROHIBITION OF ACTIVITIES DISRUPTIVE TO SEA TURTLES
The following prohibitions during the nesting season ("~-- I ~ ..... ~
......... , (March 1 throuqh November 15) are established for the
protection of sea turtles:
1. Prohibition of Horseback Riding
Horseback riding shall be prohibited on or seaward of the
primary dune during the nesting season, except when a special
permit is issued by the Community Development Adminis%rator in
~ .... ~' through
added.
passages are deleted.
23
Underlined passages are
° 0766 [0393
accordance with regulations adopted by resolution of the
Board.
Prohibition of Campfires
Campfires shall be prohibited on or seaward of the primary
dune during the nesting season.
Extension of Prohibition Areas
Areas of prohibition for the miscellaneous activities
described in this section are extended to all areas landward
of the primary dune where sea turtles are known to nest.
G~ GENERAL STANDARDS FOR COASTAL DEVELOPMENT WITHIN
JURISDICTIONAL BOUNDARIES
The following standards shall apply to all coastal development
specified in Section 6.04.02.E and, as applicable, shall be
incorporated in a Sea Turtle Protection Plan (STPP):
1. Sea Turtle Protection Plan (STPP) Approval
Community Development A~m[nis~ra~or approval of a STPP is
required prior to the issuance of a building permit or
approval of a site plan. Approval of a STPP does not relieve
person(s) from complying with all other applicable conditions
set out in this Section or from mitigating against subsequent
negative impacts to sea turtles, their nests or eggs resulting
from the approved activity.
2. Timing Considerations
Coastal development shall be limited to the maximum extent
possible to the non-nesting season ~ ................. = .... ~--~
~Q+ (November 16 through February 29). Coastal development
occurring during any portion of the nesting season ~..~ .
~..~-~..~ ~~rv~v~ ~1) (March 1 through November 15) shall be
conducted during daylight hours whenever possible·
Coastal Development Seaward of Primary Dune During the Nesting
Season
Appropriate protective/mitigative measures for sea turtles,
developed pursuant to this Section, shall be implemented for
all coastal development seaward of the primary dune during the
nesting season.
4. Restrictions on Nighttime Security Lighting
Temporary nighttime security lighting should be limited to the
~ .... u tkrcugh passages are deleted.
added. 24
Underlined passages are
7 6 6 P,41;[O 3 9
fewest number of lights necessary to provide adequate
security. Those lights which are used shall not:
a. Be mounted more than fifteen (15') feet above the ground.
b. Illuminate areas outside of the subject property.
Ce
Directly illuminate areas seaward of the primary dune
unless specific protective/mitigative measures for
lighting impacts are developed pursuant to this Section.
5. Nighttime Development During The Nesting Season
To avoid potential lighting impacts on nesting adults and
emergent hatchlings, protective/mitigative measures for sea
turtles which comply with Section 6.04.02.I may be required
for nighttime coastal development during the nesting season,
in addition to those below.
6. Protective/Mitigative Measures
Protective/mitigative measures shall include, but not be
limited to, the following, as applicable:
a. Preliminary Site Survey
A permitted agent of the State shall conduct a
preliminary site survey and relocate all sea turtle nests
to a safe habitat for coastal development seaward of the
primary dune during the nesting season.
b. Exemption of Preliminary Site Survey
Development activity in progress as of ~ay 1 March 1 of
each year shall be exempt from a preliminary s~e ~u~vey
but shall implement daily nesting surveys pursuant to
Section 6.04.02.G.6.e.
c. Delay of Development
If nests are known to be present during a preliminary
site survey and cannot be located and removed to a safe
habitat, development shall be delayed for sixty (60) days
or until all potentially affected nests have hatched.
d. Prevention of Development Delays
Person(s) anticipating development starts during the
nesting season may obtain the services of a permitted
agent of the State to relocate nests from development
areas on a daily basis, beginning no later than Ray 1
March 1 of each year.
...... ~.. passages are deleted.
added. 25
Underlined passages are
0766
f®
ge
he
Daily Nesting Surveys
A permitted agent of the State shall conduct daily
nesting surveys of development areas seaward of the
primary dune, and shall cage sea turtle nests or relocate
the nests to a safe habitat, beginning with the
preliminary site survey or the nesting season, as
applicable, until one (1) of the following occurs:
(1) Exclusion fences, if permitted by DNR, are erected
pursuant to Section 6.04.02.G.6.f.
(2) Development activities are completed.
(3) The nesting season has ended.
Use of Exclusion Fences
Any physical barrier used to prevent sea turtles from
entering development areas may be used as an exclusion
fence in lieu of daily nesting surveys if permitted by
DNR. Exclusion fences shall:
Be constructed so they are non-injurious to adult
sea turtles.
(2) Form a continuous barrier against sea turtle
intrusions.
(3) Be monitored daily by DNR approved personnel.
(4) Be repaired as necessary to prevent breaches.
Breaches
Breaches through an exclusion fence which result in
successful nesting shall be reported to the Community
Development Adminis%ra%or and the nest(s) shall be
relocated from the development area by a permitted agent
of the State.
Delimitation of Development Areas
Preliminary site surveys, daily nesting surveys and/or
exclusion fences shall encompass all areas seaward of the
primary dune upon which development activities occur and
upon which equipment and materials are moved to and from
the development areas.
~,." ~,..~v~..~ passages are deleted.
added. 26
Underlined passages are
Ee
i. Record Maintenance
Daily records shall be maintained for all sea turtle
monitoring conducted pursuant to this Section, and
together with a summary of the monitoring results, shall
be provided to the Community Development A~m~nis%ra%or by
the person(s) identified in Section 6.04.02(F)(1)(a)(1)
upon completion of development activities, or the end of
the sea turtle nesting season, whichever comes first.
Daily records shall include, as appropriate:
(1) The date of the preliminary site survey.
(2) The date(s) of the daily nesting survey.
(3) The date(s) of exclusion fence monitoring.
(4) The observed nesting activity within the
development area.
(5) The number of nests relocated.
(6) The number of eggs per nest relocated.
(7) The nest relocation area(s).
(8) The hatch success if required.
(9) The effectiveness of the exclusion fence(s).
(10) The name(s) of the permitted agent of the State
performing the monitoring program.
SEA TURTLE PROTECTION PLAN (STPP) REQUIREMENT FOR COASTAL
DEVELOPMENT WITHIN JURISDICTIONAL BOUNDARIES
A Sea Turtle Protection Plan (STPP) shall be required for:
Ail coastal development within jurisdictional boundaries
involving the installation of permanently mounted light
fixtures.
Ail coastal development conducted during the nesting
season~'~'~-~..~ ~ ~..~v~..~ ~~v~~ ~ (March 1 throuqh
November 15) seaward of the primary dune or at night
within jurisdictional boundaries, including site
development, beach-dune preservation, stabilization and
restoration projects, and mechanical beach cleaning.
Struck thrcugh passages are deleted.
added. 27
Underlined passages are
0 7 6 6 P, 6[O 3 9 7
K. SPECIAL LIGHTING RESTRICTIONS DURING THE NESTING SEASON
Throughout each nesting season ~..-~ ...... ~ ........... , (March 1
throuqh November 15), exterior light sources directly visible from
the beach or illuminating areas seaward of the primary dune shall
be turned off after 11:00 P.M. each night· Effective May., ~ March
1, 1992, throughout each nesting season, exterior light sources
directly visible from the beach or illuminating areas seaward of
the primary dune shall be turned off between sunset and sunrise
each night.
L. STANDARDS FOR NEW BEACH ACCESS POINTS
Ail beach access points constructed after December 1, 1986 shall
comply with the following standards, and the standards shall be
incorporated into a Sea Turtle Protection Plan (STPP):
1. Pedestrian Traffic
Pedestrian traffic shall be directed and limited to beach
access points provided with dune crossovers.
2. Information Sign Requirements
Permanent sea turtle information signs shall be conspicuously
posted at all new public beach, commercial, and private multi-
family access points provided with dune crossovers. The
information signs shall be:
a. Standardized by the Community Development Department.
b. Provided at cost by the County.
c. Installed and maintained by the property owner.
3. Standardized Information Requirement
Information printed on the signs shall inform beach users:
a. That sea turtles use the beach as a nesting habitat.
Of potential penalties for the possession, molestation,
disturbance, harassment or destruction of sea turtles,
their nests or eggs.
Of a contact address or phone number for public use in
obtaining additional information.
4. Sign Maintenance Requirements
Standardized sea turtle information signs shall be maintained
added.
passages
are deleted.
28
Underlined passages are
, 0766398
in perpetuity such that information printed on the signs
remains legible and the signs positioned such that they are
conspicuous to persons accessing the beach.
5. Sign Removal
Removal of the information signs by anyone other than those
authorized by the Community Development Administrator is
prohibited.
M. STANDARDS FOR EXISTING BEACB ACCESS POINTS
Permanent sea turtle informational signs shall be conspicuously
posted and maintained at all existing public, commercial, and
private multi-family beach access points provided with dune
crossovers in accordance with the standards set out in Section
6.04.02.L by."~--.-~ ~, ~nn~.~ March 1, 1993.
N. STANDARDS FOR MECHANICAL BEACB CLEANING
Ail mechanical beach cleaning activities approved by the State to
remove debris from the beach, alter beach profiles, or disturb more
than the upper two (2") inches of beach sediment through the use
of motorized vehicles or other mechanical means, shall comply with
the following standards, and the standards shall be incorporated
into a Sea Turtle Protection Plan (STPP), as applicable:
Compliance With County and State Beach-Dune Preservation
Policies
Equipment, methodologies and points of access shall be
consistent with long-term beach-dune preservation policies
established by the County and State.
2. Timing
Beach cleaning shall be confined to daylight hours and should
be confined to the non-nesting season.
3. Mode of Operations
During the nesting season '~'~--~.._~ . ~ through October ~i) (March 1
throuqh November 15):
me
Beach cleaning operations should be limited to the strand
line (previous high tide mark) whenever possible.
Light-weight motorized vehicles having wide, low-
profile, low-pressure tires should be used to conduct
beach cleaning operations instead of heavy equipment.
Struck through passages are deleted.
added. 29
Underlined passages are
° 0766 399
Ce
Devices used for removing debris from the beach should be
designed and/or operated such that they do not penetrate
beach sediments by more than two (2") inches·
Sea Turtle Protection Plan (STPP) Exemption
A STPP may not be required for mechanical beach cleaning
activities if it is demonstrated to the Community Development
Administrator that the proposed operation(s) will have no
adverse effects on the normal development and viability of
eggs and hatchlings in sea turtle nests and habitats, pursuant
to the following procedures:
The Community Development Administrator shall be notified
in writing by the applicant that the
protective/mitigative measures set out in Section
6.04.02.G.6 shall not be required as part of the State
permit.
be
The Community Development Administrator shall grant an
exemption from the STPP upon consultation with the State
and receipt of a copy of the State permit prior to
commencement of the mechanical beach cleaning activities.
Coordination of Beach Cleaning
Sanctioned Scientific Studies
Operations With State-
Ail beach cleaning operations shall be coordinated through the
State to ensure that these operations do not interfere with
state-sanctioned scientific studies of sea turtle nesting
activities.
7.04.01 REQUIREI~NTS
D. FILLED LAND
Any filled land created in the unincorporated area of St.
Lucie County shall be filled so that the settled elevation of
such land shall be at least five (5) feet above mean sea level
(MSL), as measured by U.S.C. and G.S. Datum.
No trees, vegetation, organic materials, or garbage shall be
used as fill material in the unincorporated area of St. Lucie
County for the purpose of raising the existing grade of any
land on which construction is intended. The disposal of all
trees, veqetation, orqanic material, and garbaqe shall be in
accordance with applicable St. Lucie County Regulations.
E. NON-RESIDENTIAL BUILDINGS ON FARMS
Any person erecting a nonresidential farm buildinq on a farm shall
be required to obtain a Certificate of Zoning Compliance prior to
construction showing that the structure meets the setback
~ .... ~- ~ ..... ~ passages are deleted.
added. 30
7 6 6 0 0
Underlined passages are
requirements shown in Table 1 for the zoninq district in which it
is located.
7.06.03 OFF-STREET LOADING AND DELIVERY SPACES
D. DESIGN AND MAINTENANCE
An off-street loading space shall be an area at grade level at
least twelve (12) feet by fifty-five (55) feet long with a
fourteen (14) foot vertical clearance.
Each loading space shall be accessible from the interior of
the buildinq it serves without crossing or entering any other
required off-street loading space, off-street parkinq space,
or circulation area· Such loading spaces~ ~ ....... ~Aw~
~ ......... shall be
arranged for convenient and safe ingress and egress by motor
truck and trailer.
7.09.03 GENERAL PROVISIONS
INSTALLATION
Ail landscaping shall be installed in a professional manner
according to accepted planting practice with a quality of plant
materials as hereinafter described and shall be irrigated
automatic means.
C. PLANT MATERIALS
2. Trees
a®
Trees shall be species having an average mature spread of
crown of greater than fifteen (15) feet in St. Lucie
County and have trunks that can be maintained in a clean
condition.
be
Palm trees may be clustered into groups of three (3) to
achieve this minimum fifteen (15) foot crown. Three palm
trees are equal to one shade tree having a mature spread
of fifteen (15) feet.
Ce
Tree species shall be a minimum of ten (10') feet in
height and have a caliper of one and one-half (1 1/2")
inches at four and one-half (4 1/2') feet above the
ground when installed.
de
All required trees shall have a minimum of five (5') feet
of clear trunk and a minimum five (5') foot canopy spread
at time of planting.
e®
Trees of species whose roots are known to cause damage
to public roadways or other public works shall not be
planted closer than twelve (12) feet to such public roads
Struck through passages are deleted.
added. 31
D0766 P I EO 0 I
Underlined passages are
or works, unless the tree root system is completely
contained with a barrier for which the minimum dimensions
shall be five (5) feet square and five (5) feet deep, and
for which the construction requirements shall be four (4)
inch thick concrete reinforced with number six (6) road
mesh (6x6x6) or equivalent.
None of the following trees will be used to meet the
requirements of this section: Melaleuca ~leucadendra
(Punk Tree), Schinus ~terebinthefolius (Brazilian
Pepper), and Casuarina spp. (Australian Pine). Fifty per
cent of the required trees shall be species other than
palm trees.
When more than ten (10) trees are required to be planted
to meet the requirements of this Code, a m~x of species
shall be provided. The minimum number of species to be
planted are indicated in Table 3.
Table 3 - Required Species Mix
Required Number Of Trees Minimum Number Of Species
11-20 2
21-30 3
31-40 4
41+ 5
7.09.06
STANDARDS FOR NATIVE AND DROUGHT TOLERANT V~GETATION
A. Purpose
The purpose of this Section is to set forth regulations for
the proper installation, preservation and maintenance of sitn
appropriate landscaping, following the principles of water
wise landscaping, in order to contribute to water conservation
in the unincorporated portions of St Lucie County.
B. Applicability
The provisions of this Section shall apply only to landscaping
required by Section 7.09.00 of this Code.
C. Water-Wise Site Design Standards for Site Plan Projects
When a development is designated as a major, m~nor, or
planned site plan under the provisions of Section
11.02.02 of this Code, water-wise design incorporating
the following standards shall be required, in addition to
the general landscape standards in Section 7.09.00.
Str-c-_ k +~ ..... '-
...... ~.. passages are
added.
0766 02
deleted.
32
Underlined passages are
(a)
(b)
At least fifty (50%) percent of the minimum
landscaping required by Section 7.09.00 shall
consist of water-wise plant materials as defined in
Section 7.09.06.C.2, except that one hundred (100%)
percent of required lawn areas shall consist of
water-wise grasses listed in Section 7.09.06.C.2.
Each type of required landscapinq, such as trees,
shrubs, vines, and lawn areas shall be calculated
separately, and each type shall meet the required
percentaqe minimum of defined water-wise plant
materials.
Plant materials shall be qrouped according to
watering requirements in order to prevent over-
watering of water-wise plant materials. Proposed
irrigation zones shall be shown on the landscaping
plan. Such zones shall take into consideration
both plant material and microclimate factors, such
as northern or southern exposure, shade or full
sun, slope, and berminq.
(c)
Ground covers approved under Section 7.09.06.C.2
shall be used instead of qrass when plantinq strips
are eight (8') feet wide or less.
Plant Materials
Ail plants utilized to meet the water-wise requirement
shall be site appropriate, and shall be selected from the
following lists or be water-wise and non-invasive species
approved by the Community Development Administrator. In
approvinq other plant materials, the Administrator shall
consider criteria including, but not limited to, soil
type, hydrology, and climate.
a. Grasses
(1) Bahia grass (may be mixed with ryegrass)
(2) St.Auqustine grass (preferably sub-species FX-
10)
(3) Other qrass serving a site specific need
approved by the Community Development
Administrator.
b. Ground Cover
* !
AFRICAN IRIS
AGAPANTHUS
AMARYLLIS
ASPARAGUS FERN
BLANKET FLOWER
Dietes veqeta
Agapanthus
orientalis
Hippeastrum x
hybridum
Asparagus
densiflorus
Gaillardia pulchella
Str'-'~ck tkrcugh passages are deleted.
added. 33
OR
0766
Underlined passages are
added.
BLUE RUG JUNIPER
BOSTON FERN, SWORD
FERN
CAROLINA YELLOW
JASMINE
CAST IRON PLANT
COMPACT SHORE
JUNIPER
COONTIE
CREEPING FIG
DAYLILY
DWARF PROCUMBENS
JUNIPER
DWARF JASMINE
DWARF FAKAHATCHEE
GRASS
DWARF LANT~A
l
*
Ce
DWARF GARDENIA
DWARF LILY TURF
MONDO GRASS
ENGLISH IVY
FALSE HEATHER
FIDDLE-LEAF MORNING
GLORY
LIRIOPE, LILYTURF
PARSONS JUNIPER
PERIWINKLE (VINCA)
PURSLANE
RAIN LILY
RAMORA
SCHELLING'S DWARF
HOLLY
SEA OATS
SHINY BLUEBERRY
SOCIETY GARLIC
SPIDER LILY
TRAILING LANTANA
WEDELIA
Shrubs
BEAUTYBERRY
BIRD-OF-PARADISE
BLUE VASE JUNIPER
passages are deleted
34
4 04
Juniperus
horizontalis
'wiltonii'
Nephrolepsis
exaltata
Gelsemium
sempervirens
Aspidistra elatior
Juniperus conferta
'compacta'
Zamia floridana
Ficus pumila
Hemerocallis spp.
Juniperus chinensis
'procumbens nana'
Trachelospermum
asiaticum
Tripsicum
dactyloides
Lantana depressa
(ovatifolia
'reclinata')
Gardenia jasminoides
'prostrata'
Ophiopogon japonicus
Hedera helix
Cuphea hyssopifolia
Ipomea stolonifera
Liriope muscari
Juniperus chinensis
'parsoni'
Catharanthus roseus
Portulaca
grandiflora
Zephyranthes spp.
Ilex vomitoria
'Schellinq's dwarf'
Uniola paniculata
Vaccinium myrsintes
Tulbagia violacea
Hymenocallis
latifolia
Lantana
montevidensis
Wedelia trilobata
Callicarpa americana
Strelizia reqinae
Juniperus chinensis
Underlined passages are
±
±
BOXTHORN
BOXWOOD
BURFORD HOLLY
CANNA
CAPE HONEYSUCKLE
CARDBOARD PLANT
CHRISTMAS BERRY
COONTIE
CORAL BEAN
CRAPE MYRTLE
CREPE-
JASMINE,PINWHEEL
FLOWER
CRINUM LILY
DOWNY JASMINE
DWARF YAUPON HOLLY
DWARF CHINESE HOLLY
DWARF OLEANDER
FAKAHATCHEE GRASS
FIRE THORN
FLORIDA ANISE
FRAGRANT OSMANTHUS
GALLBERRY
GARBERIA
GARDENIA
GLOSSY ABELIA
GOLDEN SHRIMP PLANT
GOLDEN DEWDROP
HETZII JUNIPER
HIBISCUS
INDIAN HAWTHORN
JAPANESE PRIVET
LANTANA
LIMEBERRY
MARSH ELDER
NANDINA
NIGHT JESSAMINE
OLEANDER
ORANGE JASMINE
PINE CONE LILY, WILD
GINGER
PITTISPORUM
PLUMBAGO
RED FOUNTAIN GRASS
'blue vase'
Severinia buxifolia
Buxus microphylla
Ilex cornuta
'Burfordii'
Canna x qeneralis
Tecomaria capensis
Zamia furfuracea
Lycium carolinianum
Zamia floridana
Erythrina herbacea
Laqerstroemia indica
Tabernaemontana
divaricata
Crinum spp.
Jasminum multiflorum
Ilex vomitoria
'nana'
Ilex cornuta
'Rotunda'
Nerium oleander
Tripsacum
dactyloides
Pyracantha coccinea
Illicium floridanum
Osmanthus fraqrans
Ilex glabra
Garberia fruticosa
Gardenia ~asminiodes
Abellia x
qrandiflora
Pachystachys lutea
Duranta repens
Juniperus chinensis
'hetzii'
Hibiscus x rosa-
sinensis
Raphiolepis indica
Liqustrum japonicum
Lantana spp.
Triphasia trifolia
Ira fructescens
Nandina domestica
Cestrum nocturnum
Nerium oleander
Murraya paniculata
'Lakeview'
Zinqiber zerumbet
Pittisporum tobira
Plumbaqo auriculata
pennisetum setaceum
var. rubrum
added.
passages are deleted.
35
p BEO O5
Underlined
passages
are
de
±
±
±
ROUND-LEAF HAWTHORN
RUSTY LYONIA
SANDANKWA VIBURNUM
SCHELLING'S HOLLY
SELLOUM
SHELL FLOWER
SHINING JASMINE
SHINING SUMAC,
WINGED SUMAC
SHRIMP PLANT
SILVERTHORN
SNOWBERRY
SOUTHERN WAX MYRTLE
SWAMP HIBISCUS
TARFLOWER
TEXAS SAGE
THRYALLIS, RAIN OF
GOLD
TORULOSA JUNIPER
VITEX
WILD OLIVE, FLORIDA
PRIVET
YELLOW ELDER
YELLOW ANISE
Trees
AMERICAN HOPHORNBEAM
BALD CYPRESS
CAMPHOR TREE
CHERRY LAUREL
CHINESE ELM
CRAPE MYRTLE
DAHOON HOLLY
EAST PALATKA HOLLY
FLORIDA MAPLE
GOLDENRAIN TREE
INDIAN HAWTHORN
LAUREL OAK
LEYLAND CYPRESS
LIVE OAK
NAGI PODOCARPUS
PIGNUT HICKORY
PODOCARPUS
RED MAPLE
REDBAY
RIVER BIRCH
~ .... ~' ~ ..... ~ passages
added.
are deleted.
36
Raphioleis umbellata
Lyonia ferruqinia
Viburnum suspensum
Ilex vomitoria
· Schellinq's dwarf'
Philodendron selloum
Alpinia spp.
Jasminum nitidum
Rhus copallina
Just±cia brandeqeana
Elaeaqnus pngens
Chiococca alba
Myrica cerifera
Hibiscus coccineus
Befaria racemosa
Leucophyllum
fructescens
Galphimia qlauca
Juniperus chinesis
'torulosa'
Vitex trifloia
Forest±era seqreqata
Tecoma stans
Illicium parviflorum
Ostrya virqiniana
Taxodium distichum
Cinnamomum camphora
Prunus caroliniana
Ulmus parvifolia
'Drake'
Laqerstroemia ±nd±ca
Ilex cass±ne
Ilex x attenuata
Acer barbatum
Koelreuteria eleqans
Raphiolepis ±nd±ca
'Majestic Beauty'
Quercus laurifolia
x Cupressocyparis
leylandii
Quercus virqiniana
Podocarpus nag±
Carya glabra
Podocarpus
macrophyllus
Acer rubrum
Persea borbonia
Betula niqra
Underlined passages are
7 6 6 13 g
SAVANNAH HOLLY
SHUMARD OAK
SLASH PINE
SOUTHERN MAGNOLIA
SOUTHERN REDCEDAR
SWEETGUM
SYCAMORE
TREE LIGUSTRUM
WATER OAK
WAX MYRTLE
WEEPING YAUPON HOLLY
WINGED ELM
YELLOW POINSIANA
Ilex x attenuata
Quercus shumardii
Pinus elliotii
Maqnolia qrandiflora
Juniperus silicicola
Liquidambar
styraciflua
Platanus
occidentalis
Ligustrum lucidum
Ouercus niqra
Myrica cerifera
Ilex vomitoria
'pendula'
Ulmus alata
Peltophorum inerme
* Salt-tolerant
! Has frozen in St. Lucie County
3. Mulching Standards
(1)
Ail plant materials meeting the water-wise
requirement of this code shall be mulched with at
least a three-inch (3") layer of mulch·
(b) Mulch shall cover the entire area of the planting
bed.
De
Alternative Method of Meeting the Water-Wise Requirement When
Native Upland Plant Communities Are Maintained
Preservation of existing native upland plant communities on
the site may substitute for all or part of the water-wise
requirement in the following ratios:
Preservation of 25% or more of site
Preservation of 15-25% of site
Preservation of 1-15% of site
No water-wise requirement
Water-wise requirements
limited to 30% of
each type of
required plant
material
Water-wise requirements
limited to 40% of
each type of
required plant
material
Reduction of water-wise requirements by preserving existing
native upland plant communities shall be allowed only when the
Community Development Administrator determines that all of the
following criteria are met:
(a)
The existing native plant communities shall be viable and
in qood condition and include canopy, understory, and
ground cover.
Struck through passages are
added.
deleted.
37
Underlined passages are
,(b)
The existing native plant communities must be protecte~l
by a conservation easement or other legally enforceabl~
preservation mechanism.
The execution of the site plan will not threaten the
yiability of the existing native plant community.
The plant community to be preserved shall be at leasl.
one-half (1/2) acre in size, except that microconu,unitie~;
~otalinq at least one-half (1/2) acre may be preserve, i
providing that each microcommunity is at least ten (10)
Feet in width and contains at least one hundred (100~
s~uare feet.
~ management plan is submitted to show how the viability
pf the preserved communities will be maintained without
the use of heavy equipment.
~rriqation Systems
.1. .Irrigation System Design Standards
~ermanent irrigation of preserved plant conu,unities
shall be prohibited.
(b)
.Irrigation required for the re-establishment o~
restoration of existing plant communities shall bc
limited to temporary irrigation systems. Newly
~nstalled plant communities or supplemental plants
to existing plant communities m~y initially require
additional water to become established. Temporary
irrigation systems shall remain in place for a
period of at least six (6) months and shall
include:
Temporary low-volume irrigation, or
Alternative method approved by
Development ASm]nistrator.
Community
Automatic irri ation s stems shall ~ the
Following criteria:
Zoning of irrigation systems:
~prinkler heads irrigating designated hig],
water demand areas shall be circuited or zone,]
.so that they can be irrigated at a differen'l.
~requency or application rate than low wate~
demand areas. At a minimum separate zones
shall be created for turf and planting beds,
with a separate zone also reuired for trees
not incorporated into planting beds.
............. ~- passages are deleted.
added. 38
Underline___~d passages are
Automatic rain shut-off devices:
Automatic irriqation systems shall be equipped
with an automatic rain shut-off device for
each proposed zone.
Elimination of over-throw onto
~mperviou~
surfaces:
{a) .Sprinkler heads shall be directed away
(b)
from impervious surfaces·
The effects of wind on the spray stream
shall be reduced by requirinq low
trajectory spray nozzles.
7.10.01
Maintenance of Irriqation Systems:
Irriqation systems shall be maintained in workinq
condition at all times, to prevent waste of irriqation
water. Broken sprinkler heads, pipes and nozzles shall bo
repaired or replaced within fourteen (14) days of notice.
Irriqation Durinq Water Shortaq~
Irriqation systems shall be operated in accordance with
the requirements of water shortaqes declared for St.
Lucie County by the South Florida Water Management
District or St. Lucie County.
MOBILE FOOD VENDORS
Ail mobile food dispensing vehicles shall be located in
accordance with the minimum yard requirements, parkinq
requirements and landscape requirements of the zoning district
in which they are located.
One (1) wall sign, equal to twenty percent (20%) of the total
wall face ars area of one side of the mobile food dispensing
vendor facing the street may be permitted subject to
compliance with the provisions of Section 9.01.01F.
7.10.02
PROHIBITION OF OUTDOOR DISPLAYS IN COMMERCIAL ZONING
DISTRICTS
In all commercial zoning districts, all display activities, except
the display for sale of motor vehicles, marine craft, aircraft,
recreational vehicles, mobile homes, farm and construction
equipment and vehicles, farm and garden supplies, stone products,
any other products designed for outdoor use, and the location of
~e~.-" ~..~gh. passages are deleted.
added· 39
Underlined passages are
7 6 6 0 9
dispensing equipment and devices, shall be in a completely enclosed
structure. None of these displays may be located in a required
off-street parking areal cra required off-street loading areaT or
an adjacent right-of-way.
7.10.10 ADULT ESTABLISHMENTS
In the CG (commercial general) zoning district, Adult
Establishments may be permitted as a conditional use subject to the
criteria set forth in Section 11.07.00 and the following
requirements:
An adult establishment shall be at least one thousand (1,000')
feet from any other adult establishmetn, established religious
facility, public or private school, public playground, public
park, or any area in zoning district R/C, AR-l, RE-l, RE-2,
RS-2, RS-3, RS-4, RMH-5, RM-5, RM-7, RM-9, RM-11, RM-15, RVP,
PUD, or HIRD.
7.10.11 DISTANCE REQUIREMENTS FOR ALCOHOLIC BEVERAGES
B. MEASUREMENT
The manner of measurement of the distance referred to in Section
7.10.11(A) above shall be as follows: Begin at the main entrance
of the church or school building or a public park or playground,
regardless of which zoning they are in, thence run to the
centerline of the street right-of-way in front of such entrance,
thence along the centerline of such street right-of-way to a point
immediately opposite the main entrance of the proposed license~
premises, thence to the center of the main entrance of the building
of the proposed licensed premises.
If there is more than one public entrance to an establishment, the
main entrance shall be construed to mean the principal or leading
entrance to the premises involved and to which the traffic route,
whether vehicular or pedestrian, of those going to and from said
premises chiefly directs itself.
However, in no case sh'all the distance between a licensed
establishment and a religious facility,
~ .... ~' ~ ..... ~ deleted
- .......... - . ~.. passages are .
added. 40
school, public park, or
Underlined passages are
7 G G P EO z+ I 0
public playqround be less than one thousand feet (1,000') measured
by a straight line between the nearest corners of the establishment
and a religious facility building, or in the case of a school,
public park, or public playqround, measured by a straight line
between the licensed establishment and the park, playground, school
buildinq, or school playground area.
7.10.12 SCRAP AND WASTE MATERIALS
In the IL (Industrial Light) zoning district, scrap and waste
material collection operations may be permitted as ~
conditional use subject to the followinq criteria:
1. The collection operations shall be limited to the
acceptance of glass, plastic, paper,
aluminum and other metal cans.
cardboard, and
The property on which the collection activity is to take
place shall be at least forty-three thousand, five
hundred and sixty (43,560) square feet (1 acre) and no
more than two hundred thousand (200,000) square feet (4.5
acres) in total area.
Ail activities, including storage of the collected
materials shall be conducted within a completely enclosed
structure. No outside storage of materials of any kind
shall be permitted.
The property on which the collection activity is taking
place shall be surrounded by a fence, wall, or vegetative
screening eight (8') feet in heiqht. Such fence or wall
shall be of similar composition, construction, and color
throuqhout and shall be constructed without openings
except for one entrance and one exit; the entrance and
exit shall be equipped with unpierced gates. Such
gates shall be closed and securely locked at all times,
except during business hours.
If vegetative screeninq is to be substituted for a fence
or wall, plans for such vegetative screening shall be
submitted with the application for conditional use
approval. Such vegetative screening shall consist of a
greenbelt strip at least twenty (20') feet in width
adjoining adjacent lot lines, and a qreenbelt strip at
least ten (10') feet in width adjoininq street line.
The greenbelt shall be composed of at least one (1) row
of deciduous or evergreen trees and one (1) or two (2)
rows of shrubs.
Regardless of buildinq size, a complete
prepared in accordance with the provisions
site plan
of Section
...... u-- passages
added.
are
deleted.
41
Underlined passages are
.]0766 PA EO ! I
?
11.02.00 (Major site plan) shall be required with the
application for conditional use. The application for
conditional use shall not be considered complete until
all m~nimum site plan criteria have been determined to be
met.
The reprocessinq of the collected materials into any
other product, by-product or other use or form is
prohibited, unless the reprocessinq is allowed in
conjunction with manufacturinq of a new product or
material as would otherwise be permitted in the IL
(Industrial, Liqht) district.
In the IH (Industrial Heavy) zoning district, scrap and waste
material operations may be permitted as a conditional use
subject to the following criteria:
The yard shall be at least forty-three thousand, five
hundred and sixty (43,560) square feet and no more than
two hundred thousand (200,000) square feet in area.
No junked vehicle, or any other junk or scrap shall be
located for storage, dismantling, or any other purpose
within seventy-five (75') feet of any residential
district, within fifty (50') feet of the front street
line, within thirty (30') feet of any side street line,
or within thirty (30') feet of any other lot line.
The yard shall be surrounded by a fence, wall, or
vegetative screening eight (8') feet in height. Such
fence or wall shall be of similar composition,
construction, and color throughout and shall be
constructed without openings except for one entrance and
one exit; the entrance and exit shall be equipped with
unpierced gates. Such gates shall be closed and
securely locked at all times, except during business
hours.
o~ .... u ~ ..... ~ passages are
added·
deleted.
42
Underlined passages are
7 6 6 P EO/ ! Z
If vegetative screening is to be substituted for a fence
or wall, plans for such vegetative screening shall be
submitted with the application for conditional use
approval. Such vegetative screening shall consist of a
greenbelt strip at least twenty (20') feet in width
adjoining adjacent lot lines, and a greenbelt strip at
least ten (10') feet in width adjoining street line.
The greenbelt shall be composed of at least one (1) row
of deciduous or evergreen trees and one (1) or two (2)
rows of shrubs.
Junked or wrecked vehicles shall be stacked to a height
of no more than twenty-four (24') feet.
Regardless of building size, a complete site plan
prepared in accordance with the provisions of Section
11.02.00 (Major site plan) shall be required with the
application for conditional use. The application for
conditional use shall not be considered complete until
all minimum site plan criteria have been determined to be
met.
7.10.16 RECREATIONAL VEHICLE PARKS
Q. PERMITTED ADDITIONS TO RECREATIONAL VEHICLES AND TRAVEL
TRAILERS
Additions to recreational vehicles and travel trailers located
in any Recreational Vehicle Park existing on or before August
1, 1990, shall be permitted subject to the following
requirements:
Florida rooms, screen rooms and wood decks may be erected
if at all points the florida room, screen room or wood
deck is at least eight (8') feet from any side lot line,
at least five (5') feet from any rear lot line, and at
least ten (10') feet from any front lot line and does not
extend beyond the front of the recreational vehicle or
travel trailerT, except that wood decks may extend beyond
the front of the r.v. or travel trailer.
7.10.19 OUTDOOR SHOOTING RANGES
Outdoor shooting ranges
supplemental regulations:
shall be subject to the following
A. A minimum lot size of five (5) acres is required.
Be
Outdoor shooting ranqes shall not be allowed within 2500 feet
of a school, church, public park, or playqround, except that
a temporary church or a vocational or trade school located in
Struck ~ ..... ~
...... ~.. passages
added·
are deleted. Underlined passages are
43
07GG PA EO 13
CG (Commercial, General) zoning shall not be included in this
prohibition.
Measurement between a shooting range and any public park or
playground, school, or church shall be in a straight line from
nearest corner of the shooting range to nearest corner of the
lot on which the park, playground, school, or church is
located.
A site plan shall be submitted in accordance with Sections
11.02.07 through 11.02.09 of this Code.
Site plan review shall consider berminq, proximity to roads
and homes, line of sight, and line of sound.
8.02.02 PARTICULAR TEMPORARY USES PERMITTED
I. Temporary on-site real estate sales centers:
Included as a part of site plan approval, specific
authorizations may be granted permitting the installation or
construction of a temporary on-site sales center prior to the
issuance of any building permits for the primary portions of
the development project. As a prerequisite to the granting of
this authorization the developer(s) of the approved site plan
project shall be required to provide St. Lucie County with
sufficient security, to be determined by the County, for the
removal of this temporary facility should the development fail
to proceed and the site plan approvals expire.
Ail temporary on-site sales facilities shall be constructed in
accordance with applicable St. Lucie County regulations and
shall be required to obtain all necessary permit approvals,
including but not limited to Stormwater Management Permits,
Driveway Connection Permits, and all required buildinq and
public health permits. All temporary on-site sales facilities
shall be removed from the development site upon the completion
of the last phase or unit of the approved site plan or upon
expiration of the site plan approval.
Sales and real estate transactions conducted under this
authorization shall be for the property on which the site plan
approval has be granted pursuant to Section 11.02.00 of this
Code. No sales or other commercial trade activities will be
authorized from these locations.
9.01.01 PERMITTED PERMANENT SIGNS
The following signs or advertising structures of a permanent nature
shall be permitted within the following zoning districts:
Struck ~ ..... ~
...... ~.. passages
added·
are deleted. Underlined passages are
44
AGRICULTURAL - 1 (AG-l); AGRICULTURAL - 2.5
AGRICULTURAL - 5 (AG-5)
(AG-2.5);
Off-premises signs not to be spaced less than a radius of one
thousand five hundred (1,500') feet apart except for 1-95 and
the Florida Turnpike where they may be located one thousand
five hundred (1,500') feet from another off-premise sign on
the same side of the highway.
COMMERCIAL GENERAL (CG); INDUSTRIAL LIGHT ()IL); INDUSTRIAL
HEAVY (IH); INDUSTRIAL EXTRACTION (IX); UTILITIES (U)
Off-premises signs not to be spaced less than a radius of one
thousand five hundred (1,500') feet apart except for 1-95 and
the Florida Turnpike where they may be located one thousand
five hundred (1,500') feet from another off-premise sign on
the same side of the highway.
One (1) wall sign or one (1) projecting sign per establishment
which shall not exceed a sign area equal to twenty (20%)
percent of the total wall face area of each establishment
fronting on the street, except that fifty (50%) percent of
such permitted wall sign area may be located on any other wall
surface of the same building.
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 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.
For any establishment or group of establishments that has a
street frontage of three hundred (300) linear feet or more and
which has outdoor displays as provided for in Section 7.10.02
of this Code the Board of County Commissioners may allow for
the placement of two additional qround signs. The Board shall
allow for such additional siqnage when it is shown that
operation as provided under Section 7.10.02 creates a specific
need. Such additional signs may not exceed one hundred (100)
square feet in area nor shall they exceed thirty five (35)
feet in length.
Struck tkrcugh passages are deleted.
added. 45
Underlined
passages are
7 6 6 ! 5
4~5. One (1) pedestrian sign per establishment which shall not
exceed six (6) square feet in sign area.
5.6. One (1) rear entrance wall sign per establishment which shall
not exceed six (6) square feet in sign area.
6.7. Directional signs which shall not exceed six (6) square feet
in sign area, may be installed as needed·
9.03.00 PROHIBITED SIGNS
F. Signs located over or on any public right-of-way, exceptI
public directional and regulatory signs, erected by any
duly authorized state or local government in accordance
with applicable Florida Department of Transportation
Design standards;
bus bench signs when specifically authorized in writing
by the Board of County CommissionersT; and
one private directional sign in Commercial Neighborhood
(CN}, Commercial Office (CO), Institutional (I),
Religious Facilities (RF), Commercial General (CG),
Industrial Light (IL), Industrial Heavy (IH), Industrial
Extraction (IX), and Utilities (U) zoning districts,
provided that:
it is erected by the property owner, organization
or owner of record of the adjacent property that
the sign provides directions to;
b. it is located adjacent to the property;
Ce
it does not exceed four (4) square feet in total
siqn area;
de
it is erected in accordance with applicable Florida
Department of Transportation design safety
standards;
ee
it is not located along any State or Federal right-
of-way;
f. it is not located within 20 feet of any
ge
intersecting street or driveway connection;
it is not located within any utility easement or
surface drainage swale;
Struck thrcugh passages are deleted.
added. 46
Underlined passages are
OR
7 6 6 I 6
Oe
he
the property owner, corporation or ownership
interest erecting the directional sign has provided
St. Lucie County with an indemnification of all
responsibility or liability associated with the
erection of the directional sign;
the information depicted is limited to the name,
identification and/or address of the owner or
occupant of the adjacent property;
there are no other signs (ground, wall, mansard,
marque or projecting), permanent or temporary, on
the property which the directional sign references;
and,
the directional sign does not contravene any other
applicable regulation or restriction of St. Lucie
County.
Political signs that have not been removed within seven (7)
days following the election to which they refer.
9.04.00 PERMIT EXEMPTIONS
Political signs, providing they are removed within seven (7)
days following the election to which they refer.
10.00.04 NONCONFORMING LOTS OF RECORD
A. LOTS OF RECORD CREATED PRIOR TO JULY 1, 1984
In any district, principal permitted structures and customary
accessory buildings may be erected on any single lot of record
existing before July 1, 1984, notwithstanding limitations
imposed by other provisions of this Code. Such lot 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. If however, the lot has no frontage
as defined in Chapter II, 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-l, AG-l, AG-2.5 and
AG-5 zoning districts.
...... assa es are e ete
added. 47
Underlined passages are
0768 ¢m 0417
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 or frontage, the lands involved shall be considered to be
an undivided parcel for the purposes of this Code.
10.01.01
The Board of Adjustment shall have authority to grant variances
from the dimensional requirements of ~^~~..~ 3 or ~A-~ic..s~ - ~..n~.90
and 7.0~.00 this Code, unless otherwise provided in this Code, in
accordance with the standards and procedures set forth in this
section.
11.02.05 REVIEW OF APPLICATIONS FOR PRELIMINARY AND FINAL SITE
PLANS FOR PLANNED DEVELOPMENTS
A. REVIEW OF PRELIMINARY SITE PLANS
Within twenty (20) working days of receipt of a Preliminary
Site Plan, the Administrator shall:
Determine that the application is complete and direct the
application to the Development Review Committee for
further review; or
Determine that the information is incomplete and inform
the applicant in writing of the missing components. The
applicant may submit an amended plan within thirty (30)
working days without payment of any additional fee, but
if more than thirty (30) days have elapsed, must
thereafter initiate a new application and pay an
additional fee as identified in Section 11.12.00 of this
Code.
An application shall be determined to be complete only if
the required submittals of Section 11.02.9910 are
provided.
B. REVIEW OF FINAL SITE PLANS
Within twenty (20) working days of receipt of the Final Site
Plan, the Community Development Administrator shall:
Determine that the Final Site Plan is complete and
direct the application to the Development Review
Committee for further review; or,
be
Determine that the information is incomplete and inform
the applicant in writing of the missing components. The
...... ~.. passages
added.
are deleted. Underlined passages are
48
P 0418
applicant may submit a revised Final Site Plan within
thirty (30) working days without payment of a
reapplication fee, but, if more than thirty (30) days
have elapsed before the applicant resubmits the
application, the applicant shall be required to re-
initiate the review process and pay an additional fee, as
identified in Section 11.12.00.
An application shall be determined to be complete only if the
required submittals of Section 11.02.~91__0 are provided.
E. MINOR ADJUSTMENTS
The Community Development Administrator may authorize minor
adjustments to an approved Final Planned Development Site Plan.
Such minor adjustments shall be consistent with the intent and
purpose of the St. Lucie County Comprehensive Plan, the standards
and requirements of this Code, and the development as approved, and
shall be the minimum necessary to overcome the particular
difficulty. Such minor adjustments shall be limited to the
following:
1. Increasing any dimension of any one (1) structure or
structures by not more than ten (10%) percent; or
Altering the location of any one (1) structure or group of
structures by not more than fifty (50') feet; or
~A-~-- Increasinq the net density of any one (1) stage or
phase by more than ten (10%) percent; or
Altering the location of any circulation element by not more
than fifty (50') feet~ Relocation of any circulation element
by more than fifty (50') feet will be considered a maior
adjustment unless the relocation results in a reduction in
impervious surface area; or
Altering the location of any open space by not more than fifty
(50') feet; or
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; or
Altering the location, type,
elements.
or quality of landscaping
Notice of the authorization of such minor adjustments shall be
provided to the Board of County Commissioners.
~ .... ~- ~ ..... ~ passages are deleted
added· 49
Underlined passages are
11.02.06 EXPIRATION OF FINAL SITE PLAN APPROVAL
A. EFFECTIVE APPROVAL PERIOD FOR A SITE PLAN
Except as provided in this Section, a Minor Site Plan approval
or a Major Site Plan approval shall be valid for purposes of
securing a building permit for twelve (12) months from the
date of approval. Unless a building permit is secured within
twelve (12) months, the site plan shall expire automatically.
A site plan conditioned upon receiving notice of issuance of,
or intent to issue, any required permit shall be valid for
purposes of securing a building permit for twenty-four (24)
months after site plan approval or twelve (12) months after
receiving the described notice, which ever period is shorter.
A Minor Site Plan approval or a Major Site Plan approval may
be conditioned so that the period of validity is less than 12
months, if it is demonstrated through the issuance of a
Certificate of Capacity that necessary public services
required for that development are not guaranteed by the
service provider for more than the identified period of time.
A Preliminary Planned Development Site Plan approval issued
consistent with Section 11.02.05.A, shall be valid for a
period of twelve (12) months from the date of approval.
Failure to obtain a Final Planned Development Site Plan
approval within twelve (12) months of the Preliminary Planned
Development Site Plan approval shall void the Preliminary
Planned Development Site Plan approvalTor an extension of
Preliminary Planned Development Site Plan approval according
to the provisions of Section ll.02.06(b)(3)(a) of this Code,
within twelve (12) months...
A Prelim{nary Planned Development Site Plan approval may be
conditioned so that the period of validity is less than 12
months, if it is demonstrated through the issuance of the
elective Certificate of Capacity that necessary public
services required for that development are not guaranteed by
the service provider for more than the identified period of
time.
Except as provided in this Section, a Final Planned
Development Site Plan approval shall be valid for purposes of
securing a building permit for twelve (12) months from the
date of approval. Unless a building permit is secured within
twelve (12) months, the Final Planned Development Site Plan
shall expire automatically. A Final Planned Development Site
Plan conditioned upon receiving notice of issuance of, or
intent to issue, any required permit shall be valid for
purposes of securing a building permit for twenty-four (24)
months after Final Planned Development Site Plan approval or
twelve (12) months after receiving the described notice,
whichever period is shorter.
e~ .... u ~ ..... ~ passages are deleted.
added. 50
0R0
766;
Underlined passages are
A Final Planned Development Site Plan approval may be
conditioned so that the period of validity is less than 12
months, if it is demonstrated through the issuance of a
Certificate of Capacity that necessary public services
required for that development are not quaranteed by the
service provider for more than the identified period of time.
SITE PLAN EXTENSIONS
Minor Site Plan Extensions
Notwithstanding the other provisions of this Code, a
Minor Site Plan approval may be extended by the Community
Development Administrator, for periods of up to twelve
(12) months, from its date of expiration. Any request
for site plan extension shall be submitted in writing to
the Administrator at least two weeks prior to the date of
site plan expiration. All requests for site plan
extension shall be accompanied by a complete explanation
of the reasons that the site plan extension is necessary.
No Minor Site Plan shall rcccivc mv~.-~- ~-...-.. cnc
cxtcn=icn= be extended for any period beyond 12 months
of the date of original expiration as set forth in the
Final Development Order for that Minor Site Plan without
undergoing a complete re-review in accordance with the
provisions of Section 11.02.00 and demonstration of
compliance with all applicable codes in effect at that
time.
Major Site Plan Extensions
Notwithstanding the other provisions of this Code, a
Major Site Plan approval may be extended by the Board of
County Commissioners, for periods of up to twelve (12)
months, from its date of expiration. Any request for
site plan extension shall be submitted in writing to the
Community Development Administrator at least two weeks
prior to the date of site plan expiration. All requests
for site plan extension shall be accompanied by a
complete explanation of the reasons that the site plan
extension is necessary.
No Ma or Site Plan shall -cccivc ~- ~ .... t ~
be extended for any period beyond 24 months of the date
of original expiration as set forth in the Final
Development Order for that Major Site Plan without
undergoing a complete re-review and demonstration of
compliance with all applicable codes in effect at that
time·
~ .... u ~ ..... ~ passages are deleted.
added. 51
Underlined passages are
0R
7 6 6 q 2 1
®
Planned Development Site Plan~ Extensions
ao
Notwithstanding the other provisions of the Code, a
Preliminary Planned Development Site Plan approval may be
extended by the Board of County Commissioners, for
periods of up to twelve (12) months, from its date of
expiration following a public hearing before the Board of
County Commissioners consistent with the provisions of
Section 11.00.03 and 11.00.04. All requests for Planned
Development Site Plan extension shall be accompanied by
a complete explanation of the reasons that the site plan
extension is necessary.
be
No Preliminary Planned Development Site Plan shall be
extended for any period beyond 12 months from the date of
oriqinal expiration as set forth in the Preliminary
Development Order for that Preliminary Planned
Development Site Plan without underqoinq a complete re-
review in accordance with the provisions of Section
11.02.00 and demonstration of compliance with all
de
applicable codes in effect at that time.
Notwithstanding the other provisions of the Code, a Final
Planned Development Site Plan approval may be extended by
the Board of County Commissioners, for periods of up to
twelve (12) months, from its date of expiration following
a public hearing before the Board of County Commissioners
consistent with the provisions of Section 11.00.03 and
11.00.04. All requests for Planned Development Site Plan
extension shall be accompanied by a complete explanation
of the reasons that the site plan extension is necessary.
No Final Planned Development Site Plan shall be extended
for any period beyond 24 months from the date of oriqinal
expiration as set forth in the Final Development Order
for that Final Planned Development Site Plan without
undergoing a complete re-review in accordance with the
provisions of Section 11.02.00 and demonstration of
compliance with all applicable codes in effect at that
time.
~ passages
added.
are deleted.
52
Underlined passages are
0766 PAGEO U, 2 2
11.02.09 SUBMITTALS FOR MINOR AND MAJOR SITE PLANS
A. MINOR AND MAJOR SITE PLAN REQUIREMENTS
Site Plan submittals shall include the following materials:
4. Transportation Impact Report
c. Contents
The transportation impact report shall contain the
following for the specified impact study area:
(3)
A detailed description of the existing traffic
conditions, including the peak season average daily
traffic and the highest average peak season peak
hour volume for all collector and arterial roads
within the study area. The peak season daily
traffic shall be based on ~ ..... ~"-~ .... ,~A~ forty
eiqht (48) hour traffic counts conducted ovcr
~--~ ,~ ..... '-~-- '~ .... ~--~ between Tuesday
and Thursday, except holidays, period during
January, February, or March. If data collection
cannot be accomplished during this period, the
counts will be adjusted based upon the most recent
St. Lucie Metropolitan Planning Organization
..... ~--~" count data for roadways within or
adjacent to the study area. If St. Lucie
Metropolitan Planning Organization traffic counts
are not available to reflect the seasonal
variations, then an average area-wide seasonal
adjustment factor will be applied. This factor
shall be approved by the Development Review
Committee. If S~ ~"~i~ ~'~ .... ~
~ The methodology and assumptions for the
seasonal adjustment must be clearly stated. The
highest volume hour or peak hour will be defined
from the hourly traffic count(s) conducted over one
~ ..... ~.._~ .... ,0,, forty eiqht (48) hour
(1) or more ....... = ....
period(s) as described above. Peak period
intersection turning movement counts will be
conducted for at least one (1) hour at all
intersections of collector and arterial roadways
within the study area. Peak hour counts will be
adjusted to reflect peak season conditions if the
counts are not obtained between January and March.
Methodology for these adjustments will be approved
by the Development Review Committee.
Struck through passages are deleted.
added. 53
Underlined passages are
0766 23
(4)
(5)
(6)
Capacity analyses will be conducted at the
intersections of all major roadways in the impact
area that are signalized or that warrant
signalization. These analyses will be performed a~
op .....
~ ....... ~ ~-~ in accordance with the 1985 Highway
Capacity Manual as ~ended or superseded.
Based on the capacity analyses described in
sub-subparagraph (4) above, a summary of existing
levels of service on the impact area network will
be provided.
A detailed analysis of traffic impact of the
proposed development, including the following
components:
(a)
Trip Generation - indicate daily and peak
hour trip generation data. Peak hour trip
generation data should reflect the impact
anticipated due the existing street peak hour.
The analysis will show in tabular form the
land use components, the trip generation
rates, and the total trips generated by land
use type.
(b)
Indicate the internal/external split and
pass-by trips for daily and peak hour travel.
The analysis should indicate the basis for
capturing internal and external trips, travcl
(c)
Trip distribution - indicate the basis for
determining trip distribution for the proposed
development and the resultant trip
distribution by cardinal direction (north,
south, east, and west).
(d)
Identify the trip assignment (daily and peak
hour) within the study area. Daily volumes
should be noted along roadway links. Peak
hour volumes should be reflected in turning
movements at development entrances and major
roadway intersections.
e~ .... u ~ ..... ~ passages are ~=~=~~~.
added. 54
Underlined passages are
OR
0766 PA 0424
Daily and peak hour trip generation, as well
as inbound/outbound direction split shall be
based on the report entitled "Trip Generation
(3r~ 5th edition)" by the Institute of
Transportation Engineers published in 19~2
1991, or its successors, except when special
trip generation research conducted by a
registered engineer practicing in the area of
transportation engineering demonstrates
alternative data to be more appropriate. Trip
generation assumptions will be approved by the
Development Review Committee prior to
conducting the traffic impact analysis.
(7)
A detailed cumulative transportation impact
analysis. This analysis will include existing
traffic, traffic growth due to other approved
development, and the impact of the proposed
development. This analysis must identify
projected average peak season daily traffic and
peak hour volumes for all collector and arterial
roadways and intersections and must identify the
development impact separately from the cumulative
traffic volume. For the purposes of these analyses,
background traffic will be identified as existing
plus other approved development traffic. Other
development traffic will be identified by using
actual traffic analyses for approved projects and
historical growth trends on the subject roadways as
appropriate. The methodology to be employed in
assessing background traffic will be approved by
the Development Review Committee prior to
conducting the traffic analysis.
Capacity analyses will be conducted using the criteria
as described in subparagraph (4) above for cumulative
traffic to identify levels of service resulting from the
cumulative traffic demands, including the proposed
development. When the combination of background traffic
and the impact from the subject development will reduce
the Level of Service below acceptable LOS standards as
pt by ty w ~' ~ .... ~ .......
ado ed St. Lucie Coun ~ ~n .... ~ ........... ,
analyses will be conducted to identify those improvements
required to maintain acceptable Level of Service
standards-n or ........................ = .... pcak scas~n.~.
These improvements will be identified clearly.
d. Traffic Study and Traffic Data Inventory and File
The Community Development Administrator shall keep a file
of all traffic studies, including the capacity allocated
Struck through passages are deleted.
added. 55
Underlined passages are
0766
for each approved project. In determining the projected
demand in Section 11.02.09(A)(4)(c)(7) above, the impact
analysis shall include trips already allocated in
previous development approvals. The Administrator shall
provide information when appropriate data already exists
and is available in order to prevent duplication.
11.02.10 SUBMITTALS FOR PLANNED DEVELOPMENT SITE PLANS
A. PRELIMINARY SITE PLAN REQUIREMENTS
A Preliminary Site Plan shall include the following information:
1. General Information
go
A statement of the total number and type of dwelling
units to be constructed; parcel size; prcpc~cd
approximate lot coverage of buildings and structures;
approximate gross and net area of all non-residential
facilities, and an explanation of their use; residential
densities; and approximate gross and net amounts of open
space.
3. Proposed Development Activity and Design
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:
The approximate location-..---~--..,~' .... ~..~-~..~; ~-- , ~..~' ~-~-"~;--~..--~
~'-~ of all buildings, -~ structures or concentration
of uses. This shall include types of uses, and density
per type of structure.
ee
The approximate location and dimension of parking and
loading areas.
e~ .... u ~ ..... ~ passages
added.
are deleted.
56
Underlined passages are
766
The location of all primary on-site wastewater disposal
and water supply facilities.
ge
The locations of existing (sitc plan and subdivisicn) and
~v~ .... ~ ............ only) easements for utility sys-
tems, including sewage facilities and water supply
facilities, electric, gas, and telephone lines.
The approximate location of all drainage retention areas
and major drainage improvements.
The location and configuration of all public and private
roadways for a distance of one hundred fifty (150) feet
from all project access points.
The approximate location of the existing and proposed
circulation system of arterial and collector streets and
any other transportation improvements.
The approximate location and size of all areas to be
conveyed, dedicated or reserved as common open space,
parks, recreational areas, school sites, rights of way
and other public uses.
The pedestrian circulation system, including its
interrelationship with the vehicular circulation system.
me
Proposed landscaping, including the types and location
.....~-- of all plants or materials, and the location of
fences or screen plantings.
n®
The approximate location, size, and arrangement of all
existing or proposed signs or lighting.
B. FINAL SITE PLAN FOR PLANNED DEVELOPMENTS
A Final Site Plan for a Planned Development shall include:
4. Final Development Activity and Desiqn
Detail sheets which 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
d~mensions in decimals. For larqe projects, a smaller scale
qeneralized plot plan may be submitted as a cover sheet to the
detail sheets. Detail sheets shall include the followinq
information:
a. The location of the property by lot number, block number,
and street address, if any.
~ .... ~- ~ ..... ~ passages are
added·
deleted. Underlined passages are
57
7 6 6 PAGEO 27
The boundary lines of the property, the dimensions of the
property, existing subdivision easements, roadways, rail
lines, and public rights-of-way.
The location and dimensions, including height, of all
buildings and structures, except single family detached.
This shall include types of uses, and density per type of
structure.
The identification of the maximum buildable area of each
ge
lot or parcel within the proposed development, based upon
the minim,,m building setbacks as identifed in the
Preliminary Planned Unit Development submittals.
The location and dimension of all parking and loadinq
areas.
The location of all on-site wastewater disposal and water
supply facilities.
The locations of existing (site plans and subdivisions)
and proposed (subdivision only) easements for utility
systems, including sewage facilities and water supply
facilities, electric, gas, and telephone lines·
The location of all drainage retention areas and major
drainage improvements.
The location and configuration of all public and private
roadways for a distance of one hundred fifty (150') feet
from all project access points.
The location of the existing and proposed circulation
system of arterial and collector streets and any other
transportation improvements associated with the Planned
Development Site Plan.
The location and size of all areas to be conveyed,
dedicated or reserved as common open space, parks,
recreational areas, school sites, rights of way and other
public uses.
The pedestrian circulation system, including its
interrelationship with the vehicular circulation system.
The location, size, and arrangement of all existing or
proposed signs or lightinq.
Boundaries depicting construction phases, if
applicable.
e~ .... '- ~ ..... ~ passages are deleted·
added. 58
Underlined passages are
° 0766 28
Oe
The location and dimension all paved areas within fifty
(50) feet of the outside property boundaries.
A detailed landscaping plan showing the location, size and
type of vegetation for all common use areas, entry and
perimeter treatment areas. Represenative landscape plans shall
be required for all structural uses within the Planned
Development.
~. Conceptual design drawings of all structures showing
elevations and building floor Plans.
Conceptual utility and drainage plans, signed and sealed by a
registered engineer.
Preliminary record plat submissions in accordance with the
provisons of Section 11.03.02, of this code.
~. The final development construction schedule.
10. Any other informtation required under the Preliminary Planned
Development Site Plan approval.
11.03.03 REVIEW OF FINAL RECO~D PLAT
The certificate of surveyor shall be in the following form
when Permanent Control Points are to be installed prior to
platting:
I hereby certify that the plat shown hereon is a true and
correct representation of a survey made under my responsible
direction and supervision; that said survey is accurate to the
best of my knowledqe and belief; that P.R.M.'s (Permanent
Reference Monuments) and P.C.P.'s (Permanent Control Points)
have been placed as required by law; and, further, that this
plat complies with all the requirements of Chapter 177 Florida
Statutes.
Registered Land Surveyor
Florida Certificate No.
The certificate of surveyor shall be in the followinq form
when Permanent Control Points are to be installed after
plattinq:
I hereby certify that the plat shown hereon is a true and
correct representation of a survey made under my responsible
............. ~h passages are deleted.
added. 59
[0429
Underlined passages are
direction and supervision; that said survey is accurate to the
best of my knowledge and belief; that (P.R.M.'s) Permanent
Reference Monuments have been placed as required by law and
that (P.C.P.'s) Permanent Control Points will be set under the
guarantees posted with the St. Lucie County Board of County
Commissioners for the required improvements; and, further,
that this plat complies with all the requirements of Chapter
177 Florida Statutes.
Registered Land Surveyor
Florida Certificate No.
11.05.09 WASTEWATER AND SEWAGE DISPOSAL COMPLIANCE PERMITS
A. APPLICATION FOR PERMIT
Any person required to obtain a Wast.water Sewage Disposal
Compliance Permit pursuant to Section 7.08.03 7.08.04 shall submit
an application to the Community Development Administrator
accompanied by a non-refundable fee as established in Section
11.12.00.
11.07.00 CONDITIONAL USES
11.07.05 APPLICATION PROCEDURES
E. DEVELOPMENT AND ADJUSTMENT OF AN APPROVED OR EXISTING
CONDITIONAL USE
Adjustments to an Approved or Existing Conditional Use
Adjustments to a conditional use may be permitted as
follows:
Minor adjustments - The Community Development
Administrator shall authorize minor adjustments to a
conditional use. Such minor adjustments shall be
consistent with the intent and purpose of the St. Lucie
County Comprehensive Plan, this Code, the conditional use
as approved or existing, and shall be the minimum
necessary. Such minor adjustments shall be limited to
the following:
(1)
altering the bulk of any one (1) structure by not
more than ten (10%) per cent; or,
(2)
altering the location of any one (2) structure or
group of structures; or,
(3)
altering the location of any circulation element by
not more than ten (10') feet; or,
~ .... '- +~ ..... n passages are deleted
added. 6 0
70766 P, 6 '0 ,30
Underlined passages are
(4)
altering the location of any open space by not more
than ten (10') feet; or
(5)
reducing the total amount of open space by not more
than five (5%) per cent or reducing the yard area
or open space associated with any single structure
by not more than five (5%) per cent; or
(6) altering the location, type, or quality of
landscaping elements; or,
(7) change in project name or ownership of the
property.
Notice of the authorization of such minor adjustments
shall be provided to the Board of County Commissioners.
I. EXPIRATION OF CONDITIONAL USE PERMIT
A conditional use permit shall be valid for the purposes of
securing a Building Permit or Certificate of zoning Compliance
ccrtifi~ate for twelve (12) months from the date of approval.
Unless a Building Permit or Certificate of Zoning Compliance
ccrtificatc is secured within twelve (12) months, and construction
subsequently undertaken pursuant to such Building Permit, the
conditional use permit shall automatically expire unless the ~ermit
is extended upon application to the Board of County Commissioners
in accordance with Section 11.00.04.
11.11.00 ~PPE~S
11.11.01 GENEI~?,T.Y
B. AUTHORITY
Appeals of any order, determination, decision, or interpretation by
any administrative official shall be heard and decided by one of
the following appellate boards or officers:
1. Appeals to the Environmental Control Board
Appeals of decisions by any administrative official with
respect to the permitting provisions shall be heard and
decided by the Environmental Control Board, subject to the
standards and procedures hereinafter set forth:
Sea Turtle Protection (Section 6.04.02)
Coastal Area Protection (Section 6.02.01)
c. Wastewater and Sewage Disposal Compliance (Sections
7.08.03 and 11.05.09)
~ .... u ~ ..... ~ passages are deleted
added. 61
0766
Underlined passages are
o. d. Wetlands Protection (Section 6.02.03)
f. e. Native Upland Habitat Protection (Section 6.04.01)
2. Appeals to the County Administrator
Appeals of decisions by any administrative officer with
respect to the following provisions shall be heard and decided
by the County Administrator; subject to the standards and
procedures hereinafter set forth:
a. Adequate Public Facilities (Chapter V)
b. Development Agreements (Section 11.08.00)
c. Vested Rights (Section 11.09.00)
3. Appeals to the Board of Adjustment
Appeals of decisions by any administrative official with
respect any of the provisions of this Code except those
enumerated in paragraphs 1 and 2 above shall be heard and
decided by the Board of Adjustment, subject to the standards
and procedures hereinafter set forth.
13.00.00 BUILDING CODE
13.00.01 GENER~?.?.Y
A. ADOPTED
The Standard Building Code, 19S
1991 edition, including Appendix A, as promulgated by the Southern
Building Code Congress International, Inc., is adopted by reference
as the Building Code of the County, to apply to the unincorporated
areas of the County. A copy of such Code shall be filed in the
office of the Community Development Administrator and shall be
available for public inspection during the regular business hours
of such office.
13.01.00 ENERGY EFFICIENCY BUILDING CODE
13.01.01 ADOPTED
The Florida Model Energy Efficiency Building Code, as ~v. cndcd 1991
edition, will serve the needs of the County and is hereby adopted
as the Energy Building Code Standard for Energy Efficiency in the
Thermal Design and Operation of All Buildings for which a building
permit is issued after March 15, 1979, in St. Lucie County, subject
to the exemptions contained in Section 553.902(1), Florida
Statutes.
Struck thrcugh passages are deleted.
added. 62
Underlined passages are
766
13.02.00 M~C~ICAL CODE
13.02.01 ADOPTED
the Standard Mechanical Code,..v.~°°°.---~-~nsR ....... to ~-~..~ 1°°°.vv --~v..~~-
1991 edition, as promulgated by the Southern Building Code Congress
International, Inc., is adopted by reference as the Mechanical Code
of the County, to apply to the unincorporated areas of the County.
A copy of such Code shall be filed in the office of the Community
Development Administrator and shall be available for public
inspection during the regular business hours of such office.
13.03.00 PLUMBING CODE
13.03.01 ADOPTED
~o~ ~_..~.~^-. ~- ~^ ~9oo =~- 1991
The Standard Plumbing Code, ....................... ~ ~..~ ~ ~
edition, including Appendix A, as promulgated by the Southern
Building Code Congress International, Inc., is adopted by reference
as the Plumbing Code of the County, to apply to the unincorporated
ares of the County. A copy of such Code shall be filed in the
office of the Community Development Administrator and shall be
available for public inspection during the regular business hours
of such office.
13.03.02 PRESENCE OF REQUIRED PERSONNEL
A licensed plumbinq contractor, licensed master plumber (non
contractor), or a licensed journeyman plumber shall be present on
all construction sites for which a plumbing permit has been issued
durinq the performance of the work for which the permit has been
issued.
13.04.00 ELECTRICAL CODE
13.04.01 ADOPTED
~oo~ -~-~ 1990 edition, as
The National Electrical Code,
promulgated by the National Fire Protection Association, is adopted
by reference as the Electrical Code of the County, to apply to the
unincorporated areas of the County. A copy of such Code shall be
filed in the office of the Community Development Administrator and
shall be available for public inspection during the regular
business hours of such office.
13.04.03 ~ PRESENCE OF REQUIRED PERSONNEL
A licensed electrical contractor, licensed master electrician (non
contractor), or a licensed journeyman electrician shall be present
on all construction sites for which an electrical permit has been
issued during the performance of the work for which the permit has
been issued.
...... ~.. passages
added.
are deleted.
63
Underlined passages are
0766 I / [0433
13.05. O0 FIRE PREVENTION CODES
13.05.01 ADOPTED
,,,=~,~ ~___~^~ ~ ~o~ ^~:~:^- Standard Fire Code, 1991 edition,
as promulqated by the Southern Building Code Congress
International, Inc., are adopted by reference as the fire code of
the county, to apply to the unincorporated areas of the county. A
copy of such codes shall be filed in the office of the Community
Development Administrator and shall be available for public
inspection during the regular business hours of such office.
13.07.00 GAS CODE
13.07.01 ADOPTED
The Standard Gas Code, 1991 edJ.tion, as promulgated by the Southern
Building Code Congress International, Inc., is adopted by reference
as the qas code of the county, to apply to the unincorporated areas
of the county. A copy of such code shall be filed in the office of
the Community Development Administrator and shall be available for
public inspection during the regular business hours of such office.
13.08.00
PUBLIC WORKS CONSTRUCTION MANUAL OF ST. LUCIE
COUNTY (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
...... ~.. passages
added.
are
deleted.
64
Underlined passages are
0
766
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 take effect upon adoption of the Board of
County Commissioners, except for Sections 13.03.02 and 13.04.03,
which shall be effective August 1, 1992.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman Havert L. Fenn
Vice-Chairman Jim Minix
Commissioner Judy Culpepper
Commissioner Jack Krieger
Commissioner R. Dale Trefelner
AYE
AYE
AYE
AYE
AYE
PASSED AND DULY ADOPTED by the Board of County
Commissioners of St. Lucie County, Florida, on this 7th day of
November, 1991.
~ .... u ~...v-~..~ passages are deleted.
added. 65
Underlined passages are
° 0766
ATTEST:
BOARD OF COUNTY COMMISSIONER$[(~
ST. LUCIE COUNTY, FLORIDA
BY:
CHAI]
~,RoV~ TO FO~/~D
1148980
'91 DEC -4 /~10:07
~0766 ~[0 ~ 36
1142123
ORDINANCE NO. 91-25
AN ORDINANCE AMENDING SECTION 1-20.5-3 (WATER
AND SEWER AUTHORITY) OF ARTICLE I (REGULATION
OF WATER AND SEWER UTILITIES) OF CHAPTER 1-
20.5 (WATER & SEWER) OF THE CODE OF ORDINANCES
OF ST. LUCIE COUNTY, FLORIDA BY CHANGING THE
COMPOSITION OF THE ST. LUCIE COUNTY WATER AND
SEWER AUTHORITY FROK NINE (9) MEMBERS TO SEVEN
(7) MEMBERS BY REDUCING THE NUMBER OF
TECHNICAL MEMBERS FROM FOUR (4) TO TWO (2),
REDUCING THE NUMBER REQUIRED FOR A QUORUM FROM
FIVE (5) TO FOUR (4) EXCEPT FOR MATTERS
RELATING TO SETTING RATES OR CHARGES, AND
REDUCING THE QUORUM REQUIRED FOR HEARINGS
INVOLVING SETTING HATES OR CHARGES FROM SEVEN
(7) TO FIVE (5); 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. On September 8, 1987, this Board adopted Ordinance No.
87-46 which created the St. Lucie County Water and Sewer Authority.
2. On September 18, 1990, this Board adopted Ordinance No.
90-44 which amended Section 1-20.5-3(n) of the St. Lucie County
Code of Ordinances and Compiled Laws to provide for the Water and
Sewer Authority to meet as necessary to discharge its duties rather
than at least twice per month. The reduced business coming before
the Water and Sewer Authority as a result of the acquisition of
General Development Utilities by the County was cited as the reason
for deleting the bi-monthly meeting requirement.
3. The reduction in Water and Sewer Authority business as a
result of the acquisition of General Development Utilities is also
sufficient to justify a reduction in the membership of the Water
and Sewer Authority from nine (9) members to seven (7) members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. AMENDMENT OF SECTION 1-20.5-3 (WATER AND SEWER AUTHORITY)
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 Article I of Chapter 1-2 of the Code of
Ordinances of St. Lucie County, Florida, is hereby amended to read
as follows:
Section 1-20.5-3. Water and Sewer Authority.
(e) Composition. The authority shall consist of ~
seven (7) members appointed by the board. Four ,A ~A_~-~
.......... Two (2)
members shall be deemed technical members and five (5) members
shall be deemed lay members. The board shall collectively appoint
the technical members. Each one
commissioners shall individually
members.
(1) of the five (5) county
appoint one (1) of the lay
(f) Appointments, terms of technical members. The technical
members shall be appointed based on their experience in one (1) or
more of the following areas:
(1)
(2)
Struck through passages are deleted.
added.
--2--
Engineering with experience in water and sewer systems.
Law with experience in utilities regulation.
~'.'. sincs s ac~T, inistraticn.
Underlined passages are
(n) Meetinqs. The Authority shall meet as often as necessary
to discharge its duties pursuant to this chapter. ~'~.~ ~,'~' Four
(4) members shall constitute a quorum except for matters involving
the setting of rates or charges and a majority of three (3) members
is required before any action may be taken.. In situations
'~' five (5)
involving rate setting or charges, a quorum of scvcn ~.,
is required and a majority of~.~-'~ ~,'~' three (3) members is
required before any action may be taken. In.. ~ ~-~.~ -~'~^~-~- ~
PART B. CONFLICTIN~ 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.
PART D. APPLICABILITY OF ORDINANCE.
....... ~.~ P g ·
...... assa es are e ere
added.
--3--
Underlined passages are
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 the date of its
adoption.
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 Havert L. Fenn AYE
Vice Chairman Jim Minix ABSENT
Commissioner Judy Culpepper AYE
Commissioner Jack Krieger 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 word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
~ .... ~' ~ ..... ~ passages are deleted.
added.
--4--
Underlined passages are
however, that parts B to I shall not be codified.
PASSED AND DULY ADOPTED THIS 15th day of OCTOBER, 1991.
ATTEST:
Clerk
BOARD OF COUNTY COMMISSIO~'~S
ST. LUCIE COUNTY, FLORID~.~.',' .
/ L ~ ,_/ ,4---"
/ '-'; -' - CHAIRMAN
CORRECTneSS.
.... ' :/,9
OOUN~ ~0~
...... ~.. passages
added.
are
deleted.
--5--
Underlined passages are
· - ~:,! ¢/,660008
11/1~/91
ORDINANCE NO. 91-27
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
CODE OF ORDINANCES AND COMPILED LAWS BY
AMENDING CHAPTER 1-9 (GARBAGE, TRASH AND
REFUSE), ARTICLE IV (MANDATORY DISPOSAL),
SECTION 1-9-30 (DEFINITIONS) TO ADD THE
DEFINITION FOR HAULER; AMENDING SECTION 1-9-31
(MANDATORY DISPOSAL OF SOLID WASTE REQUIRED)
TO REQUIRE SOURCE SEPARATION OF YARD TRASH;
AMENDING SECTION 1-9-32 TO PROHIBIT THE
DISPOSAL OF UNSEPARATED YARD TRASH AT ST.
LUCIE COUNTY WASTE DISPOSAL FACILITIES;
PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
APPLICABILITY; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF STATE; PROVIDING FOR
EFFECTIVE DATE; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR ADOPTION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Pursuant to Section 403.708(15)(c), Florida Statutes
(1989), after January 1, 1992, no person shall dispose of yard
trash at a lined landfill. Source separated yard trash may be
disposed of, however, at a solid waste disposal area where the area
provides and maintains separate yard trash composting facilities.
2. The St. Lucie County Landfill is a lined landfill. In
order to comply with the above referenced statute, therefore, it is
necessary to amend Article IV (Mandatory Garbage Disposal) of
Chapter 1-9 (Garbage Trash and Refuse) of the St. Lucie County Code
of Ordinances and Compiled Laws to require that no person shall
dispose of yard trash at a solid waste disposal facility which is
operated, maintained, or approved by the St. Lucie County Board of
~'~:~'~'JJ.~Ht passages are deleted. Underlined passages are
added.
--1--
OR
7 7 0 PAt]EO 0 6 8
County Commissioners unless the yard trash is separated from all
other solid waste brought to the facility for disposal and to
require that all yard trash be source separated.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A.
AMENDMENT OF SECTION 1-9-30 (DEFINITIONS) OF THE ST.
LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS.
Section 1-9-30 (Definitions) of the St. Lucie County Code of
Ordinances and Compiled Laws is hereby amended to add the
definition for "hauler" as follows:
Sec. 1-9-30. Definitions.
Hauler means the person who collects solid waste from th~
owner or occupant for disposal at a solid waste disposal facility.
PART B.
AMENDMENT OF SECTION 1-9-31 (MANDATORY DISPOSAL OF SOLID
WASTE REQUIRED) OF THE ST. LUCIE COUNTY CODE OF
ORDINANCES AND COMPILED LAWS.
Section 1-9-31 (Mandatory disposal of solid waste required) of
the St. Lucie County Code of Ordinances and Compiled Laws is hereby
amended to read as follows:
2Sec. 1-9-31. Mandatory disposal of solid waste required.
Ail 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. All yard trash set out for
collection by a hauler shall be separated by the owner or occupant
from all other solid waste.
PART C.
AMENDMENT OF SECTION 1-9-32 (PROHIBITED ACTS) OF THE ST.
LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS.
Section 1-9-32 (Prohibited acts) of the St. Lucie County Code
of Ordinances and Compiled Laws is hereby amended by the addition
~--,[~:~,~*,,~If] passages are deleted.
added.
Underlined passages are
-2-
OR
7 7 0 PAGEO 0 6 9
of subsection (e) as follows:
Sec. 1-9-32. Prohibited acts.
(e) No person shall dispose of yard trash at solid waste disposal
facilities which are operated, maintained, or approved by the board
unless the yard trash has been separated from all other solid waste
brought to the facility for disposal.
PART D. CONFLICTING PROVISIONS
Special acts of the Florida Legislature applicable only to
unincorporated areas of St. Lucie County, County ordinances and
County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent of
such conflict.
PART E. SEVERABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative or void, such holding
shall not 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 F. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughout St. Lucie County
except where in conflict with a municipal ordinance and then only
to the extent of such conflict.
PART G. FILING WITH DEPARTMENT OF STATE.
The Clerk be and hereby is directed forthwith to send a
~""'~:~"~']'~IT] passages are deleted.
added.
-3-
Underlined passages are
7 7 00 7 0
certified copy of the ordinance to the Bureau of Laws, Department
of State, The Capitol, Tallahassee, Florida 32304.
PART H. EFFECTIVE DATE.
This ordinance shall take effect on January 1, 1992.
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 D to H shall not be codified.
PART J. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman Havert L. Fenn AYE ~54294
Vice Chairman Jim Minix ~ ~' ~ 3' ~:0'~~
Commissioner Judy Culpepper
Commissioner Jack Krieger AYE ..... , ~ n r
~v~ ~ILL~ ~U R~ ' R L
Commissioner R. Dale Trefelner ~--~ DOUGLAS~ .~ ~u~I~0~"L[R~DE'i
PASSED AND DULY ADOPTED THIS l?th day of December~]l~%
ATTEST:
CLERK
BOARD OF CO~TY COMMISSI¢
ST. LUCIE CO~TY, FLO~A
CHAIRMAN' '
APPROV AS TO FORM AND
CORRECTN~S~ ~/~'~,'~, .~%~.'~
COUN~ORNE¥
~'[~:--~'~'A~ff~ passages are deleted.
added.
--4--
Underlined passages are
OR
7 7 0 PAF.,EO 0 7 t