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1994
ORDINANCE NO. 94-03 AN ORDINANCEAMENDING SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON EVERGLADES BLVD. (CENTER ISLAND) FROM ITS INTERSECTION OF SOUTH SHORES ROAD NORTHERLY TO THE END OF THE CENTER ISLAND FOR A DISTANCE OF SEVEN HUNDRED FOURTEEN (714') FEET; AND BY PROHIBITING PARKING ON SOUTH 35TH STREET (WESTSIDE) FOR A DISTANCE OF ONE HUNDRED SIXTY-FIVE (165') FEET NORTH OF THE CENTERLINE OF ARNOLD ROAD AND A DISTANCE OF ONE HUNDRED SEVENTY (170') FEET SOUTH OF THE CENTERLINE OF ARNOLD ROAD~ PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ANEFFECTIVKDATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. After conducting a traffic safety study on Everglades Blvd., and South 35th Street, the Traffic Operations Section of the Road and Bridge Division of the Public Works Department has recommended that parking be prohibited on Everglades Blvd. (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a distance of seven hundred fourteen (714') feet; and parking also be prohibited on South 35th Street (West side) for a distance of one hundred sixty-five (165') feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170') feet South of the Centerline of Arnold Road. Struck ~..~v~..~ pasSages are deleted. Underlined passages are added. --1-- oo oo 3. The Engineering Division of the Public Works Department has approved the recommendations and the St. Lucie County Sheriff's Department has concurred with the recommendations. 4. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to prohibit parking on the Everglades Blvd. (Center Island) from the intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714') feet and to also prohibit parking on South 35th Street (West side) for a distance of one hundred sixty-five (165') feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170') feet South of the Centerline of Arnold Road. NOW, THEREFOP. E, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING ~ESTRICTED ON CERTAIN STREETS) OF DIVISION ! (GENEP~LLLY) OF ARTICLE II (STOPPING, STANDING AND PA~KING) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-17. Parking restricted on certain streets. (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. 0 0 ...... ~.. passages are deleted. added. -2- Underlined passages are (b) The parkin~ of motor vehicles, except in cases of emergency, Ks hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," within three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road," within three hundred (300) feet on either side of the entrance to Westwood High School. "Arnold Road," the entire length of the right-of-way, from South 35th Street West to South 39th Street. "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. "Chamberlin Blvd.," (North side), from one hundred forty (140) feet East of its intersection with U. S. Highway #1 (S.R. 5) for a distance of three hundred (300) feet to a point four hundred forty (440) feet East of its intersection with U. $. Highway #1 (S. R. 5). "Darter Court," (Both sides), from its intersection with Okeechobee Road to the East end. 0 Ig .... passages are deleted. added. -3- Underlined passages are "Edwards Road," from Will Fee Road West to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way, from West 1st Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Entry Road," (Both sides), from its intersection with Okeechobee Road to the North end. "Everqlades Blvd.," (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714') feet. "Flamingo Boulevard," the entire length of the right-of- way. "Glades Cut-Off Road," five hundred (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). "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. .....~ ~ ~ passages are deleted. added. -4- Underlined passages are "Oleander Avenue," (East side), from West 1st Street to just South of the White School property, Monday through Friday, between the hours of 7:0 a.m. and 4:00 p.m. only. "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. "South 35th Street," (West side), for a distance of one hundred sixty-five (165') feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170') feet South of the Centerline of Arnold Road. "South 36th Street," the entire length of the right-of- way, from Virginia Avenue South to Arnold 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. "West 2nd Street," (North side), from Elm Avenue East to Oleander Boulevard, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," entire length of right-of-way, from Elm Avenue West to Cypress Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "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. 0 (I) 0 Struck ~ ..... ~ ...... ~.. passages are deleted. added. -5- Underlined passages are (c) (d) The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. Penalties for violation of this section shall be in accordance with State law. PART B. 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. SEVE~ABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. 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. PANT D. FILING WITH THE DEPANTMENT 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. 0 0 0 added. passages are deleted. -6- Underlined passages are PART E. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Havert L. Fenn AYE Vice Chairman Denny Green AYE Commissioner Judy Culpepper AYE Commissioner R. Dale Trefelner AYE Commissioner Cliff Barnes 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 8th day of February, 1994. ATTEST: · - passages are deleted. added. -7- Underlined passages are 0 0 @ ...... ~- passages are deleted. added. -8- Underlined passages are ~dAnne'Holman, Clerk of ~'he Circuit Court - St. Lur % County .~ ,,~'.'Fite~Number: 1350~ ~0 OR BOOK 0919 PAGE 2544 'R~corded: 09-15-94 11:19 A.M. AN ORDINANCE AMENDING ARTICLE II (ANIMAL CONTROL) OF CHAPTER 1-4 (ANIMALS AND FOWl,) OF THE ORDINANCES OF ST. LUCIE COUNTY, FLORIDA: BY AMENDING SECTION 1-4-15 (DEFINITIONS) BY AMENDING DEFINITION OF "ANIMAL CONTROL OFFICER" AND AUTHORIZING ANIMAL CONTROL OFFICERS TO CARRY TRANQUILIZER DEVICES AFTER MEETING TRAINING AND PROFICIENCY REQUIREMENTS; BY ADDING A DEFINITION FOR "BIRDS"; BY AMENDING DEFINITION OF "CITATION"; BY AMENDING DEFINITION OF "OWNER"; BY AMENDING DEFINITION OF "PUBLIC NUISANCE" TO INCLUDE BIRDS AND SET TIME LIMITS FOR ENFORCEMENT; ADDING SECTION 1- 4-18 (ANIMALS IN ESTRUS) TO REQUIRE ANIMALS IN ESTRUS BE CONFINED; ADDING SECTION 1-4-20 (DANGEROUS DOGS) TO PROVIDE FOR REGULATION OF DANGEROUS DOGS; AMENDING SECTION 1-4-22 (DISPOSITION OF DOGS, CATS, OR LIVESTOCK FOUND RUNNING AT LARGE) TO PROVIDE FOR DISPOSITION OF SUCH ANIMALS AT OTHER SUITABLE ANIMAL CARE FACILITIES IN ADDITION TO THE HUMANE SOCIETY; AMENDING SECTION 1-4-23 (ANIMAL CARE) TO PROHIBIT THE USE OF ANIMALS AS PRIZES; AMENDING SECTION 1-4-24 (DUTY OF OWNERS TO RAVE DOGS AND CATS VACCINATED AGAINST RABIES) TO REQUIRE RABIES VACCINATIONS FOR DOGS AND CATS OVER THE AGE OF FOUR (4) MONTHS AND ESTABLISHING CRITERIA FOR RABIES VACCINATION CERTIFICATES; AMENDING SECTION 1-4-26 (ENFORCEMENT AND PENALTIES) TO PROVIDE FOR MANDATORY COURT APPEARANCE FOR CERTAIN VIOLATIONS; ADDING SECTION 1-2-27 (TRAINING REQUIREMENTS FOR ANIMAL CONTROL OFFICERS) TO PROVIDE FOR ANIMAL CONTROL OFFICER TRAINING AND COLLECTION OF A SURCHARGE TO FUND TRAINING; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY; PROVIDING APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01, Florida Statutes, authorizes the Board of County Commissioners to provide regulations that promote the · ~.'01%. BOOK 0919 P ~E 2545 health, safety, and welfare of the citizens of St. Lucie County, Florida and to adopt ordinances necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law. 2. Section 828.27, Florida Statutes, authorizes the Board of County Commissioners to enact ordinances regulating the possession, ownership, care, and custody of animals. 3. Chapter 767, Florida Statutes, which governs damage done by dogs, was amended by Chapters 90-180, 93-13, and 94-339, Laws of Florida, to provide procedures for local registration and regulation of dangerous dogs based on the legislative findings that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of people of this state because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are attributable to the failure of owners to confine and properly train and control their dogs; and that it is appropriate and necessary to impose uniform requirements on the owners of dangerous dogs. 4. Section 828.27(1)(b), Florida Statutes, authorizes animal control officers to carry a device with which to chemically subdue and tranquilize an animal. In addition, Section 828.27(6) was amended in 1994 to provide for mandatory court appearances in certain instances involving violation of animal control ordinances. In addition, Chapter 1-4, Article II, should be further amended to incorporate these statutory provisions in order to assist animal Struck ~ ..... ~ ...... ~.. passages are deleted. added. --2-- Underlined passages are PA~ 2 5 4 6 · .OR BOOK O919 control officers in the enforcement of the County's animal control ordinance. 5. Section 828.27(4), Florida Statutes, requires county employed animal control officers to complete an initial minimum standards training course and subsequent post certification continuing education training and allows the imposition of up to a five and 00/100 dollars ($5.00) surcharge upon each civil penalty imposed for violation of any ordinance relating to animal control or cruelty. In 1994, Section 828.27(4) was amended to require postcertification training for animal control officers. Chapter 1- 4, Article II should be further amended to incorporate the provisions of Section 828.27(4) in order to require such training and create a funding source to offset the cost of the training course. 6. Amendment of the existing animal control ordinance to require the humane confinement of animals in estrus will promote the public health, safety, and welfare of St. Lucie County citizens. 7. Amendment of the Section 1-4-21 "Animal Care" to prohibit the use of animals as prizes will promote the public health, safety, and welfare of citizens of St. Lucie County. 8. Section 1-4-22 of the Code of Ordinances requires all dogs and cats six (6) months or older to be vaccinated against rabies. Section 7, Chapter 94-339, Laws of Florida, requires all dogs and cats four (4) months or older to be vaccinated against ~-"-" ~ ..... ~ deleted ............. ~.. passages are . added. -3- Underlined passages are OR .BOOK O919 P~nE 2547 rabies effective October 1, 1994 and establishes certain certification requirement for vaccinated animals. Section 1-4-22 should be amended to incorporate the provisions of Section 7, Chapter 94-339. NOW, THE~FO~, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A: AMENDMENT OF CHAPTER 1-4, ARTICLE I! (ANIMAL CONTROL) The Code of Ordinances of St. Lucie County, Florida, is hereby amended by amending Chapter 1-4, Article II, to read as follows: ARTICLE ANIMAL CONTROL Section 1-4-16. Definitions. As used in this article, the following terms shall have the indicated meaning. A~imal. Any live, vertebrate creature, domestic or wild; but if the context requires, may refer to only a dog~ e~ cat, bird, or livestock. A~imal Control o~icer. Any person employed or appointed by the Board of County Commissioners who is authorized to investigate, on public or private property, civil infractions relating to animal control ~, anlmal cruelty, licensure of animals, or seizure and impoundment of animal~ and to issue citations as provided in this act~T An animal control officer is not authorized to make arrests or to bear arms. ~- ~ .......... ~ -'"~ ......... ~ However such officer may carry a device to chemically subdue and tranquilize an animal, provided that such officer has successfully completed n minimum of sixteen (16) hours of traininq in marksmanship, equipment handlinq, safety and animal care, and can demonstratn proficiency in chemical ~mmobilization of animals in accordancn with quidelines prescribed in the Chemical Immobilization Operational Guide of the American Humane Association. Bit4. Any animal of the aves species, reqardless of sex. Cat. Any animal of the feline species, regardless of sex. -~ru-.: thrcugk passages are deleted. added. -4- Underlined passages are BOOK O 9 1 9 PAG~ 2 5 4 8 Ci%a~ion. A written notice issued to a person by an officer who has probable cause to believe that the person has committed an act in violation of this ordinance. The citation shall contain: (1) The date and time of issuance. (2) The name and address of the person. (3) The date and time the civil infraction committed. was (4) The facts constituting probable cause. (5) The ordinance section violated. (6) The name and authority of the officer. (7) The procedure for the person to follow in order to pay the civil penalty~ ~r to contest the citation~ or to appear in court as required pursuant to Section 1-4-26. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, then he shall be deemed to have waived his right to contest the citation and that, in such case, he may be held in contempt of court and/or judgment may be entered against the person for an amount up to the maximum civil penalty. (11) A conspicuous statement that if the person is required to appear in court as mandated by Section 1-4-26, he does not have the option of payinq the fine in lieu of appearinq in court. Control. Possession, ownership, care, and custody of animals. Con%rolled burial. Burying at least two (2) feet below the surface of the ground and one hundred feet from any water well. Cruel%y. Any act of neglect, torture, or torment that causes Struck ...... ~.. passages are deleted. Underlined passages are added. --5-- .. ,0R BOOK O919 P} 2549 the unjustifiable pain or suffering of an animal. Dog. Any animal of the canine species, regardless of sex. Domestic animal. Any equine or bovine animal, goat, sheep, swine, dog, cat, poultry, or other domesticated beast or bird. Leash or lead. A cord, rope, chain, or similar device which holds an animal under restraint and is not more than six (6) feet in length. Livestock. Horses, mules, cattle, sheep, goats, swine, and other grazing animals. Officer. Any law enforcement officer defined in Section 943.10, Florida Statutes, or any animal control officer. Owner. Any person, firm, partnership, or corporation~ orqanization, two (2) or more persons havinq a joint or common interest, or any other association, owning, keeping, possessinq, or harboring or having control or custody of one or more animals including any custodian or other person in charge of an animal or if the owner is under the aqe of 18, that person's parent or quardian. An animal shall be deemed to be harbored if it is fed or sheltered for five (5) consecutive days or more. Public Nuisance. (1) Any animal which: Attacks passersby or passing vehicles without provocation; b. Attacks any other animal; c. Is repeatedly at large and not under restraint; d. Damages private or public property; Barks, whines, e~ howls, chirps, caws, crows, or whistles in an excessive continuous fashion so as to disturb adjacent residents between the hours of 8:00 p.m. and 7:00 a.m.; or Causes an annoyance in the neighborhood by acts such as overturning garbage cans, defecating, digging holes on other than its owner's property, or such other acts as are generally regarded to create an annoyance. added. passages are deleted. -6- Underlined passages are OR BOOK' O9 19 PAGE 2550 (2) Any activity, such as, but not limited to, the feeding of wild animals or fowl, which: Causes the fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to those in close proximity to the premises where the animals or fowl congregate; or Causes a sanitary nuisance as defined in Section 386.01, Florida Statutes. (3) The keeping of any wild animal in violation of the provisions of Chapter 372, Florida Statutes, and regulations promulgated by the Florida Game and Fresh Water Fish Commission. Under Restraint. Any animal secured by a leash or lead. Secure Euclosure. Secure confinement indoors or in a securely enclosed and locked pen or structure, suitable to prevent the animal from escaping. Vicious Animal. Any fierce or dangerous animal that constitutes a physical threat to human beings or other animals; or any animal for which the Animal Control Officer has documentation to establish that the animal has bitten any person or other animal on two (2) separate occasions without provocation with in a period of one (1) year. Section 1-4-17. Public nuisance prohibited. It shall be unlawful for any owner to permit his or her animal to become a public nuisance or for any individual to create a public nuisance as defined herein. Section 1-4-18. Animals in estrus. Any dog or cat in estrus must be humanely confined in a buildinq or secure enclosure in such a manner that such doq or cat cannot come into contact with another animal except for planned breeding. Section 1-4-~8 19. Vicious animals. It shall be unlawful for any owner to keep any vicious animal within the County unless it is confined within a secure building or secure enclosure or unless it is securely muzzled and under restraint. ...... ~.. passages added. are deleted. --7-- Underlined passages are ... OR BOOK O 9 1 9 PA¢ 2 5 5 1 Section 1-4-20. Dangerous dogs. (a) Adoption of Sections 767.10 through 767.14, Florida Statutes, (1993 and 1994). Sections 767.10, Florida Statutes, through and including Section 767.14, Florida Statutes, (1993), and all subsequent amendments regulating dangerous dogs, as defined in Section 767.11(1), Florida Statutes, are adopted by reference and incorporated herein and shall apply to the unincorporated areas of the County. (b) Fee. The annual fee for issuance of danqerous dog certificates of registration shall be established by resolution of the Board of County Commissioners. (c) Classification. (1) The Public Safety Manager shall investigate reported incidents involving any doq that may be dangerous, as defined in Section 767.11(1), Florida Statutes, and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement office, desiring to have a doq classified as dangerous. Any dog that is the subject of a dangerous dog investigation, that is not impounded by the County, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pendinq the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides (2) shall be provided to the Public Safety Manager. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a doq is to be destroyed, the dog shall not be relocated or ownership transferred. The Public Safety Manager shall classify any dog as a danqerous doq in the event he determines that the dog : Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; Bas more than once severely injured or killed a a~ .... '- th gh p g - rou assa es are added. deleted. --8-- Underlined passages are " OR .BOOK (3) (4) De domestic animal while off the owner's property; Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or, Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided such actions are attested to in a sworn statement by one or more persons and investigated by the Public Safety Manager. A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the doq or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. After the investigation, the Public Safety Masnager shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The Public Safety Manager shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process. (5) The owner may file a written request for a hearinq within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than twenty-one (21) calendar days and no sooner than five (5) days after receipt of the request from the owner. (d) Classification of dog as dangerous - Appeal. If a dog is classified as a dangerous dog pursuant to this section, the Public Safety Manager shall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may filed a written request for a hearing in county court in St. Lucie County to appeal th~ classification within ten (10) business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. ~ .... '- ~ ..... ~ passages are deleted. added. --9-- Underlined passages are ". OR BOOK O919 PA~ 2553 (e) Registration of doq classified as dangerous. Within fourteen (14) days after a doq has been classified a~ danqerous by the Public Safety Manager or a danqerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of reqistration for the dog from the Public Safety Manager, and the certificate shall bo renewed annually. The Public Safety Manager shall issue such certificates and renewals only to persons who are at least eighteen (18) years of aqe and who present sufficient evidence of the following: (1) A current certificate of rabies vaccination for the doq. (2) A proper enclosure to confine a danqerous dog and the postinq of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a danqerous dog on. the property. (3) Permanent identification of the doq, such as a tatoo on the inside thigh or electronic ~mplantation. (4) Proof of payment of the appropriate fee as established by resolution of the Board of County Commissioners. (e) Required notification for dogs classified as dangerous. The owner of a dog classified as danqerous pursuant to this section shall ~mmediately notify the Public Safety Manager in the event the dog: (1) Is loose or unconfined. (2) Has bitten a human being or attacked another animal. (3) .(4) Is sold, given away, or dies. Is moved to another address. Prior to a danqerous doq beinq sold or given away, the owner shall provide the name, address, and telephone n,,mher of the new owner to the Public Safety Manager. The new owner must comply with all of the requirements of this ordinance (f) Confiscation and destruction of a dog previously classified a~ dangerous - Appeal. If a doq that has previously been declared dangerous attack~ or bites a person or a domestic animal without provocation, the owner is guilty of a m~sd~meanor of the first degree, punishable a~ provided in Sections 775.082 or 775.083, Florida Statutes. In addition, the County shall ~mmediately confiscate the danqerous do~ and place it in quarantine, if necessary, for the proper length of time, or impound and hold it for ten (10) business days after the owner is given written notification under Section 1-4-20(d), and ...... ~ passages are deleted. added. Underlined passages are -10- "0R BOOK O919 PAr 2554 thereafter destroy the doq in an expeditious and humane manner. This ten (10) day period shall allow the owner to request a hearing under Section 1-4-20(d). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (~) If a doq that has not been declared dangerous attacks and causes severe injury to or death of any h,,man, the dog shall be immediately confiscated by the County, placed in quarantine, if necessary, for the proper lenqth of time or held for ten (10) business days after the owner is given written notification under Section 1-4-20(d) and thereafter destroyed in an expeditious and humane manner. This ten (10) day period shall allow the owner to request a hearing under Section 1-4-20(d). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the doq had prior knowledge of the dog's danqerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a m~sdemeanor of the second degree, punishable as provided in Sections 775.082 or 775.083, Florida Statutes. (h) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in Section 775.082, 775.083, or 775.084, Florida Statutes, pursuant to Section 767.13(3), Florida Statutes. In addition, the dog shall be immediately confiscated by the County, placed in quarantine, if necessary, for the proper length of t~me or held for ten (10) business days after the owner is given written notification under Section 1-4-20(d), and thereafter destroyed in an expeditious and humane manner. This ten (10) day period shall allow the owner to request a hearinq under Section 1-4-20(d) The owner shall be responsible for repayment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any aDDeal procedure. (i) If the owner files a written appeal under Section 1-4-20(d), the doq must be held and may not be destroyed while the appeal is pending. Iii If a doq attacks or bites a person who is enqaqed in or attemptinq to enqaqe in a criminal activity at the t~me of the attack, the owner is not quilty of any crime specified under this section. Section 1-4-~9 21. Restraint. It shall be unlawful for any owner to permit his or here ~ .... " ~ ..... ~ passages are deleted. Underlined passages are added. -11- BOOK 09 1.9 PAG' 255 5 animal to be off the owner's private property unless the animal is under restraint as defined herein or unless the animal is actively engaged in the sport of hunting. Section 1-4-2~ 22. Disposition of dogs, cats, or livestock found running at large. Any dog or cat or livestock found running at large in the unincorporated area of the county by an officer and whose ownership cannot be determined by means of rabies, license, or other identification tags, shall be turned over to the humane society o_~r other suitable animal care facility. The disposition of livestock impounded ~ ~- ~ ......... ~A~.. under this section shall be conducted pursuant to Chapter 588, Florida Statutes. If the dog or cat's ownership cannot be determined, the dog or cat shall be held by the..--,--..~ ~ ......... -~~A~" facility for five (5) days. Thereafter, ownership of said cat or dog shall revert to the ~ocicty owner of the facility to be placed for adoption or humanely euthanized, as deemed necessary, by the -~-~" ...... ~ owner of the facility and/or its authorized humane officer. In the event a cat or dog is sick or injured and if in the judgment of the ~ocicty owner of the facility and/or its authorized humane officer, such cat or dog is so grievously sick or injured that to hold such cat or dog for the five-day period would either be a health hazard to the other animals sheltered at the ~ocic.--~ facility or would inflict further pain and needless suffering on the cat or dog, and if ownership of such cat or dog cannot be immediately determined, the cat or dog may be, upon such judgment, humanely euthanized by the sccicty owner of the facility and/or its authorized humane officer. Section 1-4-21 23. Animal care. (a) It shall be a violation of this article for any person to impound or confine any animal in any place without sufficient food and water daily; to keep any animal in any enclosure without providing sufficient exercise; to fail to provide shelter from the weather, clean quarters, and medical attention for sickly, diseased, or injured animals; or to fail to inoculate the animal against rabies as required by this article. However, this section shall not require the provision of shelter from the weather and clean quarters for livestock in open pasture. (b) It shall be unlawful for any person to expose any known poisonous substance, whether mixed with food or not, so that it may be consumed by a dog or cat or livestock. (c) It shall be unlawful for any person injuring any dog, cat, or livestock by any means, to fail to notify the owner of the animal, the animal control officer, or to report the incident to the County ~ .... --..u through passages are deleted. added. -12- Underlined passages are ' OR .BOOK O919 PD ~ 2556 "911" system. (d) It shall be unlawful for any person to tease or molest an animal. (e) It shall be unlawful for any operator of a motor vehicle to allow an animal to ride in any unenclosed section of that vehicle without enclosing the animal in a cage that is secured to the vehicle or securing the animal with a restraining device that will not permit the animal to reach the outside perimeter of the vehicle. (f) The owner of any animal shall be responsible for the removal of any excreta deposited by his or her animal on public walks, recreation areas, or the property of others. (g) Ail domestic animals put to death shall be done so pursuant to Sections 828.05, 828.055, and 828.058, Florida Statutes. (h) Ail dead animals shall be disposed of by means of cremation, controlled burial, as defined herein, or disposal to rendering companies. It shall be unlawful for any person or persons to dispose of dead animals by use of garbage collection and/or sanitary landfill except upon notification of the landfill supervisor, arrangements may be made for controlled burial at the sanitary landfill. (i) It shall, be unlawful for any owner whether for profit, non- profit, charity, or any other purpose to offer an animal as a priz~ in response to participation in a game, contest, raffle, drawing of chance or any other similar event. Sec%ion 1-4-22 24. Du%y of owners 2o have vaccina2ed agains2 rabies. dogs and ca2s (a) Every dog or cat_~..-~u ~v,'~' four (4) months of age or over must be vaccinated against rabies by a licensed veterinarian with a federally approved vaccine. The cost of vaccination shall be borne by the animal's owner. Evidence of current vaccination against rabies shall be retained by the owner of said dog or cat and made available, upon request, to any officer or health department investigator. For vaccinations administered prior to January 1, 1995, ~e_vidence of vaccination shall consist of a standard certificate, NASPHV Form Number 50, issued by the licensed veterinarian administering the vaccine or an affidavit from the licensed veterinarian administering the vaccine stating that the vaccination was properly administered. Any certificate must contain the date of vaccination and sufficient information for added. ~-..~..~ passages are deleted. Underlined passages are -13- OR, :BO0{~. '0 9 ~- 9 PAGE '. 5 5 7 the identification of the dog or cat. For vaccinations administered on or January 1, 1995, evidence of vaccination shall consist of a completed State of Florida Department of Agriculture and Consumer Services standard vaccination (b) certificate. A certificate shall not be valid for more than one (1) animal unless clearly indicated. A dog or cat shall not be required to be vaccinated against rabies if a licensed veterinarian has examined the animal and has certified in writing that at such time vaccination would endanger the an~.mal's health because of its age, infirmity, disability, illness, or other medical considerations. Such exempt animal shall be vaccinated against rabies as soon as its health permits. Upon vaccination against rabies, the licensed veterinarian shall provide the animal's owner and the Public Safety Manager with a rabies vaccination certificate which shall contain, but not be limited to, the following information: (1) A serialized certificate. (2) The name, address, and phone number of the owner. (3) The date of vaccination. (4) The expiration date of the vaccination. (5) The species, age, sex, color, breed, weight, and name of the animal vaccinated. (6) The rabies vaccine manufacturer. (7) The vaccine lot number. (8) The type and brand of vaccine used. (9) The route of administration of the vaccine. (10) The signature of the licensed veterinarian. (bd_) A valid rabies tag issued by the licensed veterinarian administering the vaccination must be worn at all times by the dog or cat for which the tag was issued except when the dog or cat is being shown in competition, is actively engaged in the sport of hunting, is in the confines of the owner's property, or is government-owned dog used for law enforcement purposes. (e) Violation of this section shall be a civil infraction, punishable as provided in Section 828.27(2), Florida Statutes. ~ .... ~' ~N ..... N passages are deleted. added. -14- Underlined passages are "QR BOQK O919 PAl 2558 Section 1-4-23 25. Sterilization of animals adopted from county- funded adoption agencies required. Provision shall be made for the sterilization of cats and dogs released for adoption from the humane society or other duly authorized body, assigned as an adoption agency and funded by the County, by either (a) providing sterilization by a licensed veterinarian before the humane society or adoption agency relinquishes custody of the animal, or (b) entering into a written agreement with the adopter guaranteeing that sterilization will be performed within thirty (30) days or prior to sexual maturity. The adoption agency shall require a sufficient deposit from the adopter, which deposit shall be refundable upon presentation to the adoption agency of written evidence by the veterinarian performing the sterilization that the animal has been sterilized. The deposit or donation may be based upon recommended guidelines established by the Florida Federation of Humane Societies. Section 1-4-~4 26. Enforcement and penalties. Mandatoz7 court appearances. (a) Any officer who has probable cause to believe that a person has committed an act in violation of this article shall issue a citation to that person. The determination that violation has occurred may be the result of the officer's own investigation or as the result of complaint by an aggrieved person. (b) Any person who willfully refuses to sign and accept a citation issued by an officer is declared to be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and punishable as provided by law. (c) It shall be a violation of this article for any person to knowingly hinder, resist, or oppose any officer or employee of the animal control division in the performance of their duties under this article or to knowingly interfere with any animal trap set by such officers or employees or to molest or release any animal caught therein. (d) The commission of a charqed infraction at a hearinq authorized pursuant to this chapter must be proven by a preponderance of the evidence. Any violation of this article constitutes a civil infraction and may be punishable by a civil penalty not to exceed five hundred dollars ($500.00), or as otherwise provided in this article. Penalties for violation of specific sections of this article shall be established by resolution of the Board of County Commissioners. If the person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed. Any citation may be contested in county court pursuant to Chapter 86-437, Laws of Florida. ~ruc.~ thrcugk passages are deleted. Underlined passages are added. -15- · ~.OR .BOOK O919 PAG' 2559 (e) Each day or fraction thereof during which a violation of of this ordinance continues shall be considered as a separate offense. (f) It shall be mandatory for an owner of an animal to appear in court under the following circumstances: (1) When any violation of this article results in the unprovoked bitinq, attacking, or wounding of a domestic animal; .(2) When any violation of this article results in the destruction or loss of personal property; (3) When an owner or person is cited with a second or subsequent violation of any part of Section 1-4-23, except for subsections (f) and (h); (4) When a person is cited with a third or subsequent violation of any part of this article. (~) If any person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as required herein, the court may issue an order to show cause. The order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. Section 1-2-27. Training requirements officers. for animal control (a) Animal control officers who were not authorized prior to January 1, 1990, by St. Lucie County to issue citations must successfully complete a forty (40) hour m~n~m,m standards training course. Such course shall include, but is not l~m~ted to, traininq for: animal cruelty investigations, search and seizure, animal handling, courtroom demeanor, and civil citations. The course curriculum must be approved by the Florida Animal Control Association. An animal control officer who successfully completes such course shall be issued a certificate indicatinq that he has received a passinq grade. Pursuant to Section 828.27, Florida Statutes, a surcharge of $2.00 upon each civil penalty imposed for violation of this Ordinance shall be collected and the proceeds from such surcharge shall be used to pay the costs of the forty (40) hour minimum standards traininq course for animal control officers. (b In order to maintain valid certification, every two (2) years each certified County animal control officer shall complete fo,,~ ~ .... '- th gh p g d 1 d ~ rcu assa es are e ets . added. -16- Underlined passages are ., ': OR ..BOOK 0919 P} ' 2560 (4) hours of postcertificaion continuinq education traininq. Such traininq may include, but is not limited to, traininq for: aDima] cruelty investiqations, search and seizure, animal handlinq, courtroom demeanor, and civil citations. PART B: CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C: SEVERABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D: APPLICABILITY OF ORDINANCE This ordinance shall be applicable County's jurisdiction. throughout St. Lucie 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 the October 1, 1994. PART G: PENALTIES. In addition to any other remedies and penalties allowed by law, St. Lucie County shall have the right to sue in civil court to enforce the provisions of this ordinance. PART H: ADOPTION. ...... ~.. passages are added. deleted. -17- Underlined passages are . " ,OR~'BOOK 0919 P' E 2561 After motion and second, the vote on this ordinance was as follows: PART I: Chairman Havert Fenn AYE Vice Chairman Denny Green AYE Commissioner Cliff Barnes AYE Commissioner Judy Culpepper AYE Commissioner R. Dale Trefelner ABSENT CODIFICATION. Provisions of this ordinance shall be incorporated in the County code and the word ""ordinance" may be changed to "section", "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to I shall not be codified. ATTEST: PASSED AND DULY ADOPTED THIS 6th day of September, 1994. BOa OF COUNT ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: ~Y ~ - k through added. passages are deleted. -18- Underlined passages are JDAnne Holman, Cler, )f the Circuit Court - St. ~,.%e Number: 134,$656 OR BOOK 091 ~'~<~orded: 08-26-94 11:34 A.M. ucie County PAGE 03 90 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 '26 27 28 29 30 31 32 33 34 35 36 ~7 38 40 41 42 43 45 46 ORDINANCE NO. 94-007 AR ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY PROVIDING FOR AMENDMENT TO SECTION 2.00.00, DEFINITIONS; BY AMENDING SECTION 3.01.03(C), AG- 5, AGRICULTURAL- 5; BY AMENDING SECTION 3.01.03(E), AR-l, AGRICULTURAL RESIDENTIAL - 1; BY AMENDING SECTION 3.01.03(F), RE-l, RESIDENTIAL ESTATE - 1; BY AMENDING SECTION 3.01.03(G), RE-2, RESIDENTIAL ESTATE - 2; BY AMENDING SECTION 3.01.03(AA), HIRD, HUTCHINSON ISLAND RESIDENTIAL DISTRICT; BY CREATING SECTION 6.00.05(D) VEGETATION PROTECTION AND PRESERVATION, CRITERIA GOVERNING ISSUANCE OF PERMIT, TREE PROTECTION AND MITIGATION; BY AMENDING SECTION 6.04.00 HABITAT OF ENDANGERED OR THREATENED SPECIES; BY AMENDING SECTION 6.06.01(B)(11), MINING, RESTRICTIONS REGULATIONS AND CONDITIONS ON MINING PERMIT; BY AMENDING SECTION 7.01.03(C)&(I) PLANNED UNIT DEVELOPMENT, STANDARDS AND REQUIREMENTS; BY AMENDING SECTION 7.02.03(H) pLANNED NON- RESIDENTIAL DEVELOPMENT, STANDARDS AND REQUIREMENTS; BY AMENDING SECTION 7.03.03(K) PLANNED MIXED USE DEVELOPMENT, STANDARDS AND REQUIREMENTS; BY AMENDING SECTION 7.04.01, AREA, YARD HEIGHT AND OPEN SPACE REQUIREMENTS, REQUIREMENTS; BY AMENDING SECTION 7.06.02(A), OFF-STREET PARKING AND LOADING, OFF-STREET PARKING, REQUIRED OFF-STREET PARKING; BY AMENDING SECTION 7.09.03(C)~ LANDSCAPING AND SCREENING, GENERAL PROVISIONS; BY AMENDING SECTION 7.09.04(I), LANDSCAPING AND SCREENING, GENERAL LANDSCAPING REQUIREMENTS; BY AMENDING SECTION 7.09.05(A), LANDSCAPING AND SCREENING, REMOVAL OF EXOTIC VEGETATION; BY AMENDING SECTION 7.10.20, SUPPLEMENTAL STANDARDS, BED & BREAKFAST RESIDENCES; BY CREATING SECTION 7.10.21, SUPPLEMENTAL STANDARDS, OFF-ROAD VEHICLE PARKS, BY AMENDING SECTION 9.01.02(D), SIGNS, AUTHORIZED TEMPORARY SIGNS, PROJECT MARKETING SIGNS REQUIRED PERMITS; BY AMENDING SECTION 10.01.14, ADMINISTRATIVE VARIANCES TO THE REQUIRED MINIMUM YARD SETBACK STANDARDS FOR RECREATIONAL VEHICLE PARKS; BY AMENDING SECTION 11.02.06, ADMINISTRATION & ENFORCEMENT, EXPIRATION OF FINAL SITE PLAN APPROVAL; BY CREATING NEW SECTION 11.05.01(A)(1)(d)(3); BY AMENDING SECTION 13.04.00, BUILDING REGULATIONS & PUBLIC WORKS CONSTRUCTION MANUAL, ELECTRICAL CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AR Double Underline is for addition = ......... rcu~n is for deletion Ordinance 94-007 Page 1 OR BOOK O917 - ~GE O391 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 EFFECTIVE DATE; AND PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION· WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. On March 14, 1991, the Board of County Commissioners adopted certain amendments to the St. Lucie County Land Development Code, through Ordinance 91-03. On May 14, 1991, the Board of County CommIssioners adopted certain amendments to the St. Lucie County Land Development Code, through Ordinance 91-09. On November 7 1991, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 91-21. On June 2, 1992, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 92-17. On February 16, 1993, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 93-01. 10. On February 16, 1993, the Board of County CommissIoners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 93-03. On May 25, 1993, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 93-05. On May 25, 1993, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 93-06. On May 25, 1993, the Board of County CommissIoners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 93-07. Double Underline is for addition ~tra~c Tnrcu~ is for deletion Ordinance 94-007 Page 2 OR BOOK O917 GE 0392 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 11. 12. 13. 14. 15. 16. On April 21 and May 2, 1994, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News at least fifteen (15) days prior to the hearing and recommended that the proposed ordinance be approved. On May 17, 1994, this Board opened its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Ft. Pierce Tribune on April 27 and May 11, 1994. The public hearing was continued until this Board's regular meeting of May 24, 1994. On May 24, 1994, this Board continued its first public hearing on the proposed ordinance. The public hearing was further continued until this Board's regular meeting of June 7, 1994. On June 7, 1994, this Board concluded its first public hearing on the proposed ordinance. On June 21, 1994, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News on June 15, 1994. The proposed amendment to the St. Lu¢ie 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 COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: ******************************** Double Underline is for eddition ~trLnc Tnt=ugh is for deletion Ordinance 94-007 Page 3 OR BOOK O? '.7 PAGE O393 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 CHAPTER II DEFINITIONS 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them. AREA OF SPECIAL FLOOD HAZARD: Refers to the land in the floodplain that is subject to a one percent or qreater chance of flooding in any given year. The area may be desiqnated on the Flood Hazard Boundary Map (FHBM) as Zone A, AO, AH Al-A30, AE, A99, VO or Vl-V30, VE or V. FLOOD HAZARD BOUNDARY MAP (FHBM): An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined ee--Se~--A. NATIVE{DROUGHT-TOLERANT TREES: Indiqenous trees which tolerate periods of iow rainfall. See Section 7.09.06 (Standards for Native and Drouqht-TOlerant Veqetation). ******************************** CHAPTER III ZONING DISTRICTS 3.00.00 ZONING DISTRICTS 3.01.03 ZONING DISTRICTS C__=. AG-5 AGRICULTURAL - 5 1. Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one Double Underline is for addition ~tr~nc Tnrcu-~ is for deletion Ordinance 94-007 Page 4 · OR BOOK O¢ 17 PAGE O394 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 dwelling unit per five (5) gross acres. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. PARAGRAPHS '9 THROUGH 6: NO CHANGES Conditional Uses Agricultural labor housing. (999) 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) Agricultural chemicals (287) (2) Food & kindred products (20) (3) Lumber & wood products, except furniture (24) Mining and quarrying of nonmetallic minerals, except fuels Radio, television, & microwave communication stations & towers Retail trade: (1) Farm equipment and related accessories (2) Apparel & accessory stores (56) Sewage disposal subject to the requirements of section 7.10.13 camps - sporting and recreational (7032) Off-Road Vehicle Parks~ subject to the requirements of Section 7.10.21 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. PARAGRAPH 8: NO CHANGES Eo AR-1 Purpose AGRICULTURAL, RESIDENTIAL The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number Double Underline is for addition ' 5trlxc Tnrcug~ is for deletion Ordinance 94-007 Page 5 OR BOOK O93 ~ PAGE O395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. PArAGrAPHS 2 TaROUGH 6: NO CHANGES Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: me be Agriculture (farms and ranches accessory to single-family detached dwelling). Animals¢ subject to the requirements of Section 7.10.03. Guest house subject to the requirements of Section 7.10.04. Retail and wholesale trade - subordinate to the primary authorized use or activity. F__2_, RE- 1 RESIDENTIAL, ESTATE Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum gross density of one (1) dwelling unit per acre, together with such other uses as may be necessary for and compatible with low density residential surroundings· The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. PARAGRAPHS 2 THROUGa 6: NO CHANGES Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and including the following: Guest house subject to the requirements of Section 7.10.04. Horses~ subject to the requirements of section 7.10.03. Retail and wholesale trade - subordinate to the primary authorized use or activity. Double Underline is for addition 5trLzc Tnrcugn is for deletion Ordinance 94-007 Page 6 OR BOOK O9' 7 PAGE O396 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 S__2.~ RE-2 RESIDENTIAL, ESTATE Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum gross density of two (2) dwelling units per acre, together with such other uses as may be necessary for and compatible with low density residential surroundings· The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. PA~AG~%~HS 2 THROUGa 6: NO CHANGES Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and including the following: Guest house subject to the requirements of Section 7.10.04. Horses~ subject to the requirements of Section 7.10.03. 19~91 AA. HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT 1. Purpose The purpose of the Hutchinson Island Residential District (HIRD) is to provide a residential environment on North and South Hutchinson Island that is respectful of the natural resources and value of the barrier islands and can be supported by available public and private services. HIRD is intended to ensure that the intensity, location, and timing of new residential growth and development is of a character that can be served by adequate public and private facilities, and that protects, preserves and enhances the public health, safety, and welfare of the citizens of St. Lucie County. Hutchinson Island constitutes a unique and valuable public resource that plays a vital role in defining the County's economic and geographic character. HIRD is intended to facilitate growth and development of the barrier islands while conserving the natural and human values the islands represent. Given the environmentally sensitive nature of barrier islands, HIRD is designed to ensure that growth and development is Double Underline is for addition ' ~Utrl.~.c '_"nrcugn is for deletion Ordinance 94-007 Page 7 , OR BOOK O~ 17 PAGE O39 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 clustered away from environmentally sensitive lands and is limited to the more tolerant upland portions of Hutchinson Island. HIRD is also intended to implement and be consistent with the St. Lucie County Comprehensive Plan. PARAGRAPHS 2 THROUGH 6: NO CHANGES Conditional Uses a. Dune Preservation Zone None. b. Uplands (1) Hotel, motel, resort, rooming and boarding houses, tourist court, and time-share or transient lodging facilities with rooms or dwelling units used for occupancies of less than four weeks, provided that the number of rooms does not exceed the residential densities set forth in Subsection 7 of this Section. (2) Athletic and entertainment clubs or facilities, provided that the proposed use will not generate traffic in excess of that projected for the parcel if developed at the maximum permitted residential density. (3) Bed and Breakfast Residences, requirements of Section 7.10.20. subject to the Structures with buildinq heiqhts between thirty- ~ive (351 and one hundred twenty-five (125) feet. c. Wetlands (1) Marinas and boat launching facilities, provided that the area of the wetland altered does not exceed five (5) percent of the wetlands located on the parcel proposed for development; (2) Utility transmission facilities; Double Underline is for addition " is for deletion Ordinance 94-007 Page 8 OR BOOK Or 17 PAGE O398 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (3) For that portion filled in accord with permits received from Federal and State agencies exercising jurisdiction over such area, any conditional upland use. PArAGrAPHS 7 THROUGH l l: NO C~ANG--S 11. Dimensional Requirements be Dimensional requirements for detached single-family residential units shall be in accordance with the dimensional requirements for the RS-4 District found in Table 1 in Section 7.04.00, with the exception of residential densities that are outlined in this section. Dimensional requirements for all multiple-family dwelling units and two- and three-family dwelling units shall be in accordance with the dimensional requirements for the RM-11 District found in Table 1 in Section 7.04.00, except as follows: (1) Residential densities shall be as set forth in subsection 7 of this Section. 2~ ~or any structure that has not been occupied or ~onstructed, or has not received a buildinq permit, site plan or other County development approval prior to June 22~ 1994~ a maximum heiqht l{m~t of thirty-five (35} feet shall apply as a permitted use. Structures on North or South Hutchinson Island with heights between thirty-five (35) and one hundred twenty-five (125} feet may bn permitted as a conditional use subject to the ~equirements of Section 11.07.00. PARAGRAPHS 12 THROUGH 14: NO CHANGES Double Underline is for addition ~trlnc Tnrcug~ is for deletion Ordinance 94-007 Page 9 OR BOOK Om 17 PAGE O399 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 15. Additions to Recreational Vehicles, Mobile Homes, and Travel Trailers a® 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 11.07.05(G) if and only if: (1) the mobile home has been erected and occupied, or the recreational vehicle or travel trailer park space constructed and used, prior to the effective date of this Code; and (2) the mobile home, recreational vehicle, or travel trailer park space was a fully conforming use on the effective date of this Code. No addition to an existing mobile home shall be permitted unless the addition meets all requirements of the RMH-5 District. de No Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto shall be permitted unless the Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto meets all ~ requirements of ~kc ='~ ~ t~~ Section 7.10.1~6 (RECREATIONAL VEHICLE PARKS) in existinq recreational vehicle parks, or Section 7.10.17 (MOBILE HOME PARKS) in existinq mobile home parks. An addition in existence as of April 18th, 1989, (Ordinance 89-09) which does not meet the requirement established in this Section shall be deemed a nonconforming structure and shall be subject to the provisions of Section 10.00.03. However, existing additions which pose a threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Fire Safety Criteria for Mobile Home Installations, Sites, and Communities, NFPA 501A-1982, as applicable, must be brought into compliance or removed. The decision of the Fire Marshal may be appealed to the Board of Construction and Appeal. PARAGRAPH 16: NO C~AW~ES Double Underline is for addition ~is for deletion Ordinance 94-007 Page 10 OR BOOK O917 P~"E 0400 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CHAPTER VI RESOURCE PROTECTION STANDARDS 6.00.00 6. O0.05 VEGETATION PROTECTION AND PRESERVATION CRITERIA GOVERNING ISSUANCE OF PERMIT PARAGP~%PHS A THROUGH C: NO CHANGES TREE PROTECTION AND MITIGATION Prior to the removal and/or grubbing of native vegetation for the purpose of implementinq a final development order, thm removal plan must demonstrate that reasonable efforts hay- been made to micro-site impervious surfaces to protect such vegetation. Any native tree at least 20 inches in diameter at breast height (DBH) shall be preserved and protected in accordanc~ with Section 6.00.05(C)f unless the tree is determined to b~ a safety hazard~ prevents the reasonable development of the siter is causing damage to structures or more desirable trees around itt ~s' infected with disease or is infested with insects. The developer shall demonstrate why the tree is a hazardr diseased, infected, infested or why it is not practically feasible to develop the parcel without removing the tree. The Community Development Administrator shall determine the appropriateness of any such claim and shall consult with the St. Lucie Urban Forester and the St. Lucie County Agricultural Extension Service. When a native tree at least 20 inches DBH is considered to bm ~ealthy and the Community Development Administrator has approved its removal based on meeting one or more of the above standards~ the Vegetation Removal Permit shall only be issued after an acceptable mitigation plan has been reviewed and approved by the Community Development Administrator Prior to ~he issuance of any zoning compliance~ certificate o~ capacity or other recognized authorization for the commencement of the permitted development activity~ the replacement trees shall be Double Underline is for addition __r~..c _..rcug is for deletion Ordinance 94-007 Page 11 OR BOOK O 9 l 7 PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 planted, relocated or preserved or the appropriate mitiqation fees shall be paid to the County. Mitiqation shall be required for the native tree of at least 20 inches DBH followinq: loss of any healthy, and shall include thc the replacement trees, either preserved, relocated or newly planted, shall be of the same or other native specles as the tree(s) approved for removal; the quality and size of the replacement trees shall meet the minimum landscape requirements set forth in Section 7.09.03(C); The quantity of replacement trees~ for each species approved for removal, shall be at a ratio of one inch DBH per one inch DBH removed. The followinq mitiqation credits shall apply: a__~. all native trees which are preserved will count as .credit toward the required m~tiqation. For each inch of tree saved, a credit of 0.25 inch will be qranted toward the required mitiqation. b~_~. trees planted, preserved or relocated on-site, which exceed the minimum landscape requirements of this Code shall count as equivalent replacement DBH if the trees are of the same species as the native tree requirinq mitiqation; c. ,trees planted~ preserved or relocated on site which exceed the minimum landscape code shall count as half credit towards the m~tiqation requirements if such trees are not of the same species as the ,'native tree . requirinq mitiqation but are native and drouqht tolerant species; .4. The replantinq desiqn shall provide adequate space for .r.oot and crown development; 5_~. When the property beinq developed is not appropriate for on-site mitiqation~ the developer may mitiaate off sit~ ~n public lands in the County ~n th-e'follo~inq manner:' a~. .obtain written per~_ission from the appropriate public entity to implement the necessary replantinq · D°uble Underline is for addition '-~tr'-nc Tnrcu~ is for deletion Ordinance 94-007 Page 12 OR BOOK Or 1 7 PAGE O 40 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 plan. The developer shall provide all necessary services to implement the replanting planr including but not limited to funding{ plant materials and labor; or contribute $200 per inch DBH required for mitigation to the County to be used at the County's discretion for either .the acquisition and maintenance of publicly owned environmentally unique lands, or to be used for relocatinq or replanting native trees on public lands. Any such work shall be performed by a qualified professional. D.E___= SUPPLEMENTAL REQUIREMENTS The Community Development Administrator may impose supplemental requirements as a special condition of a Vegetation Removal Permit 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. 6.04.00 HABITAT OF ENDANGERED OR THREATENED SPECIES 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 Double Underline is for addition Htrl~c T~rcu-~ is for deletion Ordinance 94-007 Page 13 , OR BOOK 09 3 ~ PAGE O403 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 The Community Development Administrator shall designate and map the areas to be to be included in the Inventory of Environmentally Sensitive Native ~-^~--~--~ ~ ~_~ Upland Habitat for purposes of this Code· The Inventory shall lnclude 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 cccsystcms upland habitat 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. 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 has been received shall be evaluated for possible inclusion wholly or in part in the Inventory of Environmentally Sensitive Native Eccsystcms Upland Habitat, 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 Double Underline is for addition ~ur~nc Tnrcu~n is for deletion Ordinance 94-007 Page 14 OR. BOOK O 9 1 7 ~AGE O 40 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Inventory of Environmentally Sensitive Native Upland Habitat shall be approved only if: The project design and approval conditions provides 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 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 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: a® be The applicant successfully demonstrates that the proposed alteration or development will not preclude the continued survival and viability of those listed species located on the site; or 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 APPLICATIONSARE FILED PERTAINING TO PROPERTIES LISTED ON THE INVENTORY 1. Any Person applying for a veqetation removal permit or Development Order on land that' is listed on the Inventory of Environmentally Sensitive Native Ecc,~y:tcm: ~ Double Underline is for addition -~-r'-.~-c '-"nrcu~n is for deletion Ordinance 94-007 Page 15 BOOK O 9 I 7 -'.~GE O 40 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ee Habita~.~._~tt, shall provide supplemental submission information: a professionally prepared containing the following Se A list of endangered or threatened species and species of special concern found on the site; and be Colonial bird nesting or roosting areas or areas in which migratory species are known to congregate; and Ce 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; identification of any pollutants expected to be emitted during project operation; and identification of solid wastes generated and disposal methods expected to be used; and at A discussion of project alternatives, including options considered and rejected and the rationale for rejection of each option considered; and 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 is proposed for property already listed on the Inventory of Environmentally Sensitive Native ~-cc~--=~c--~ ~ ~.~ ~pland Habitat, an application for a sensitive land alteration permit shall be prepared on a form furnished by the Community Development Administrator. PROCEDURE FOR REVIEW OF APPLICATIONS PERTAINING TO INVENTORY PROPERTIES Upon receipt of the completed application for a sensitive land alteration permit, vegetation removal permit, or Development Order pertaining to a property listed on the Inventory of Environmentally Sensitive Native Ecc=y~tcm~ Upland Habitat, the Community Development Administrator shall review and evaluate the environmental impacts of said proposal in light of Objective 8.1.8 of the Conservation Element of the Comprehensive Plan and the Double Underline is for addition __rl.~. is for deletion Ordinance 94-007 Page 16 OR BOOK C~ 1 7 PAGE O 406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 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 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 review as described in this Section unless the land has been acquired or interest in public acquisition is formally confirmed. 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 development, approval of the proposed development will be~deferred for a period not to exceed one hundred eighty (180) days to allow time 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 Double Underline is for addition 5tr~c Tnreug~ is for deletion Ordinance 94-007 Page 17 QR BOOK 09 1 7 PAGE O 40 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 development application, as modified for any lands acquired by the public, shall be allowed to proceed through the development approval process, subject to review as described in this Section. DETERMINATION OF SUFFICIENCY The owner of land listed on the Inventory of Environmentally Sensitive Native Eccsystcm~ Upland Habitat 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 ccc~ystcm~ upland habitat 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; de 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. Double Underline is for addition ~ur~nc T~rcu~ is for deletion Ordinance 94-007 Page 18 OR BOOK O 9 1 7 PAGE O 40 8 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 unless it is determined that: ae The property should be submitted to the Board of County Commissioners or other appropriate governmental entity for consideration for possible acquisition; or be 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 Ce 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. FEES Fees shall be charged for the determination of sufficiency according to a schedule set by resolution of the Board of County Commissioners. 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. 6.06.00 MINING 6.06.01 RESTRICTIONS, REGULATIONS, AND CONDITIONS ON MINING PERMIT A. It shall be illegal to excavate or mine, as defined in Chapter II, any real property in St. Lucie County without first Double Underline is for addition ............. 7-- is for deletion Ordinance 94-007 Page 19 OR BOOK O~ I 7 PAGE O 40 9 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 obtaining a mining permit for such activity, except as exempted in Section 11.05.11. Ail mining operations conducted under authority of a permit issued in accordance with the provisions of this Code shall be subject to the following restrictions, regulations, and conditions: PARA~RAP~ 1 ~ROU~ 10: NO CroUChES 11. Environmentally Sensitive Areas Mining shall not be permitted environmentally sensitive areas: in the following Within any wetland, or within fifty (50) any wetland; Savannahs State Reserve; feet of Atlantic Coastal Ridge; Within any area listed in the Inventory of Environmentally Sensitive Native ~ ...... ~-- Habita____~t or within fifty (50) feet of such an area; Coastal High Hazard Area; or, Dune Preservation Zone. CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: Double Underline is for addition ~rl~c Tnreug~ is for deletion Ordinance 94-007 Page 20 OE BOOK O 9 1 7 -~GE 0410 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 A. MINIMUM SIZE A Planned Unit Development shall be a minimum of ten (10) contiguous acres of land under common ownership or control. 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(AA)(8) shall govern. AREA, YARD, AND HEIGHT REQUIREMENTS Areaf yard, and heiqht requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied or constructed, or has not received a buildinq permit, site plan or other County development approval as a permitted use prior to June 22, 1994~ a maximum heiqht limi% ~f-thirty-fi~e (35) feet above natural qrade shall apply as a permitted use. Structures wit~ heiqhts between thirty-five (35) and one hundred twenty-fiv.. (125) feet above natural qrade may be approved as ~ ~onditional use subject to the requirements of Section .11.07.00. PARAGRAPHS D THROUGH H: NO C~HANGI~S I. OPEN SPACE STANDARDS 1 A minimum of ~ ~: -~-" ~ ~ · - ..... .~ (~n) thirty-five (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as parks, recreation areas, marinas, swimming beaches, open space, planting, or other public~_.~.purposes other than rights-of-way, above ground u~l~les, and par~ing areas. ~ ~ ~'~ ,~=, ................................................. ~uble Underline is for addition "~:r~nc T~rcu-~ is for deletion Ordinance 94-007 2age 2~ · OR BOOK O91 ~ PAGE O411 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Of the required 35 percent open spacer a minimum of 15 percent.of any remaininq native habitat on the property, is to be preserved in its natural condition. For each acre of preserved native habitat above the requireH minimum 15 percent that is preserved in its original state~ credit shall be.q~ven at a rate of 150 percent per acre towards the rema~nlnq open space requirement. Areas that are natural floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total open space requirement as to the availability of and provision of such open space, which may consist of: Advance dedication of all such prior condition of Planned approval; open space as a Unit Development Conveying the land to a public agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. No such parcel of land dedicated for open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. Open space provided to meet other requirements shall not be considered as meeting this open space requirement. PA.I~GI1APHS J THROUGH K: NO 7.02.00 PLANNED NON-RESIDENTIAL DEVELOPMENT 7.02.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Non-Residential Development shall be as follows: THROUGH H. OPEN SPACE STANDARDS Double Underline is for addition ~r~nc Through is for deletion Ordinance 94-007 Page 22 OR BOOK O917 -%GE O412 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 For development projects of less than ten (10) acres{ a minimum of twenty (20) percent of the gross area of lanH .to be committed to a Planned Non-Residential Development must be for use as parks, recreation areas~ marinas, swimming beaches¢ open space~ plantinq¢ or other public ~urposes other than rights-of-way, utility easements,'and parking areas. For development projects of ten (10) acres or more, a ~inimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Non-Residential Development. . must be for use as parks, recreation areas, marinas{ swlmminq beaches, open space? plantinq~ or other public purposes other than rights-of-way~ utility easements~ and parking areas. At the request of the developer? and subject to the Dpproval of the Board of County Commissioners~ use of ~ecreational facilities may be offered to the general public. Of the required open space? a minimum of 15 percent of any remaining native habitat on the property is to be preserved in its natural condition· For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state~ credit shall be.q~ven at a rate of 157 percent per acre towards ~he remalnlnq open space requirement. Areas that are floodways, lakes, wetlands, and stormwater .retention areas may be applied to satisfy the total open .space requirement. Ail land dedicated for open space shall be physically part of the Planned Non Residential Development. Double Underline is for addition "~tr~nc Tnrcugn is for deletion Ordinance 94-007 Page 23 OR BOOK O -~ I 7 PAGE O 4 I 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 7.03.00 7.03.03 PLANNED MIXED USE DEVELOPMENT STANDARDS AND REQUIREMENTS PARAGRAPHS A THROUGH J: No C~ANGHS Ke OPEN SPACE AND LANDSCAPING STANDARDS A minimum of thirty-five (35) percent of the gross area of the land to be committed to a Planned Mixed Use Development must be for use as parks, recreation areas, marinas, swimming beaches, open space, planting, or other public purposes other than rights-of-way and parking areas. ~ ..... ~ '-~ ~ .... ~ ..... ~ .......... ~ ...... 1 p d i - - - ~--'~ ~'~--- '~=~ ...... ~ -~ ~- ~-~-~ .... cf the Of the required 35 percent open space, a m~nimum of 15 ~ercent of any remaininq native habitat on the property,. is to be preserved in its natural condition. For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its oriqinal state~ credit shall be qiven at a rate of 150 percent per acre towards the remaininq open space requirement. Areas that are floodways, lakes wetlands, and stormwater retention areas may be applied to satisfy the total open space requirement. No such parcel of land dedicated or conveyed for open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Mixed Use Development. Open space provided to meet other requirements shall not be considered as meeting this open space requirement. Landscaping for off-street parking and loading areas shall, as a minimum, meet the requirements of 7.09.00. Double Underline is for addition ~is for deletion Ordinance 94-007 Page 24 . OR BOOK 09 ~ 7 PAGE O414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 For Planned Mixed Use Developments to be constructed in stages or phases, the net open space provided in an individual stage or phase may vary from the required thirty-five (35) percent if the approved plan for the Planned Mixed Use Development provides for the required open space, and the County is assured that the open space will be provided. 7.04.00 AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS 7.04.01 R~QUIRFJiENTS A. DENSITY, HEIGHT AND LOT COVERAGE - GENERAL Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage requirement shown in Table 1 for the Zoning District in which it is located. B. AREA, WIDTH AND YARD REQUIREMENTS - GENERAl. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is less than the minimum lot area, minimum lot width, and minimum yard requirement as shown in Table 1 for the zoning district in which it is located, except that unsupported roof overhangs may encroach up to 30 inches within any required yard setback area. This provision does not supersede the restrictions of Section 7.10.16(Q)(1)(a) of this Code. Double Underline is for addition "~tr~nc Tnrcu-n is for deletion OrdinanCe 94-007 Page 25 01~ BOOK 0 9 1 7 "~%GE 0 4 1 5 OR, BOOK 0924 7 ~GE 041 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 OR BOOK O 9 I 7 DRAFT NUMBER #3 P'GE O417 Co MINIMUM BUILDING/STRUCTURE ELEVATION The minimum first floor elevation of all residential buildings shall be as follows: For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter 2 of this Code, all buildings shall be elevated a minimum of 18 inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as .established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined( all buildings shall be elevated as follows: A minimum of 36 inches above the adjacent average natural grader or 18 inches above th~ crown of any adjacent roadway, whichever is greater; or As determined by a sub-basin drainage study for the proposed development meeting th~ requirements of a stormwater permit as set forth in Chapter 7. For properties lying outside of a Special Flood Hazard Area~ as further defined under Chapter 2 of t~i~ Code, all buildings shall be elevated a minimum of 18 inches above any adjacent roadway. Habitable/non-residential buildings shall comply with all ~ ~ ~ ' the following standards: Double Underline is for addition 5trl.~c Tnrcugn is for deletion Ordinance 94.007 Page 28 OR BOOK O917 0418 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DRAFT For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter 2 of this Code, all buildings shall be elevated a minimum of 18 inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: A minimum of 36 inches above the adjacent average natural grade, or 18 inches above the crown of any adqacent roadway, whichever is greater; or As determined by a sub-basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter 7. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter 2 of this Code, all buildings shall be elevated a minimum of 18 inches above any adjacent roadway. 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. For non-habitable/non-residential structures, 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 may grant relief from the provisions of this Code, consistent with the intent of the Flood Protection regulations and any other applicable portion of this Code. Double Underline is for addition ~is for deletion Ordinance 94-007 Page 29 OR BOOK 09 1 7 ~AGE O419 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DRAFT NUMBER # 3 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. Coast and Geodetic Survey 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, vegetation, organic material, and garbage shall be in accordance with applicable St. Lucie County Regulations. Where fill is used, the owners of the property on which the fill is being located, shall be responsible for assuring adequate drainage so that the ~ .... ~ ~ ...... immediate community will not be adversely effected. ~ON-RESIDENTIAL BUILDINGS ON FARMS Any person erecting a nonresidential farm building on a farm shall be required to obtain a Certificate of Zoning Compliance prior to construction showing that the structure meets the setback requirements shown in Table 1 for the zoning district in which it is located. 7.06.00 7.06.02 OFF-STREET PARKIN~ A. REQUIRED OFF-STREET PARKING The following off-street parking following uses: OFF-STREET PARKING AND LOADING shall be provided for the PARAeRAPas 1 TaROUeH 30: NO CSANeES Double Underline is for addition ~is for deletion Ordinance 94-007 Page 30 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 OR BOOK O917 P"]E O420 DRAFT NUMBER #3 31. Binqo Parlors ............ 10 spaces per 1,000 square feet of floor area. For Binqo Parlors located in a shoppin~ centers or other mixed occupant commercial buildinq that is ~ncluded a unified site plan and that is in excess of 50,000 square feet, the qenera] parkinq standard of 5 spaces per 1~000 square feet may be use~ in lieu of the specific use standards set out in this Section. 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 Administrator. The Community Development Administrator shall utilize additional, professionally recognized standards, such as but not limited to those promulgated by the Institute of Transportation Engineers and the American Planning Association, in the determination of these requirements. PARAGRAPH B: NO CHANGES 7.09.00 7 · 09.03 LANDSCAPING AND SCREENING GENERAL PROVISIONS SECTIONS A THROUGH B: NO CHANGES C. PLANT MATERIALS PARAGRAPH 1: No CI~ANGES 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. Double Underline is for addition ~is for deletion Ordinance 94-007 Page 31 OR.BOOK O 9 I 7 r-GE O421 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DRAFT NUMBER #3 be Ce de se ge 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. Tree species shall be a minimum of ten (10) feet in height and have a caliper of cnc and cnc-half (1 1/2) two and one-half (2 1/2) inches at four and one-half (4 1/2) feet above the ground when installed. 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. 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 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 (6 x 6 x 6) 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) Cupianopsis anacardiodes (Carrotwood), Dalberqiasissoo (Rosewoodlr and non-native fruit trees such as oranqe and qrapefruit trees. Fifty (.50) percent 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 mix of species shall be provided. The minimum number of species to be planted are indicated in Table 3. When a mix of species is requiredr no sinqle species shall exceed a 2 to 1 ratio relative to all other individual species. Double Underline is for addition 5tri~c T~rcu]n is for deletion Ordinance 94-007 Page 32 OR BOOK O9 17 PAGE O422 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DRAFT NUMBER TABLE 3 Required N,,m~er Of Trees Minimum Number Of Species 11-20 2 21-30 3 31-40 4 41+ 5 At least 50% of the planted trees shall consist of nativo species such as Live Oaks (Quercus virqiniana)f Laurel Oaks (Ouercus laurifola), slash pine (Pinus elliotti), or ~ther species listed in Section 7.09.06(C)(2)(d)~ Native .and Drouqht-Tolerant Veqetation. PARAGRAPHS 3 THROUGH 9: NO C~ANGES 7.09.04 GENERAL LANDSCAPING REQUIREMENTS The following landscaping requirements shall apply to all non-residential, mobile home, and multi-family residential uses. PARAGRAPHS A THROUGH H: NO CHANGES LANDSCAPING REQUIREMENTS FOR RESIDENTIAL STRUCTURES OF THREE OR FEWER UNITS Any new residential structure containing 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, up to a maximum planting of 17 trees per lot or parcel. On any lot or parcel greater than one acre in area, the provisions of Section 6.00.00, Vegetation Protection and Preservation, shall be complied with. Ail trees preserved or planted in order to meet this landscaping requirement shall meet the standards of Section 7.09.03(C)(2) of this Code. Double Underline is for addition "~=rlnc Tnrcu]n is for deletion Ordinance 94-007 Page 33 OR BOOK O917 ~AGE O 4 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DRAFT NUI~LB~R #3 3.. At least 50% of the planted trees shall consist of native species such as Live Oaks (Quercus virqiniana)r Laurel Oaks (Quercus laurifola)¢ slash pine (Pinus elliotti), or i .m other species isted in Section 7.09.06(C)(2)(d), Native .and Drought-Tolerant Vegetation. PARAGRAPH J: No C~ANGES 7.09.05 REMOVAL OF EXOTIC VEGETATION A. GENERAL Any ,developer. submittinq a site plan submittcd for site plan approval or in conjunction with a Conditional Use Permit, Planned Unit Development, or Planned Non-Residential Development shall "~..v. ~..~ ........ ~...v.-.~ be required to remove~ all of the following exotic vegetation occurring on site: Melaleuca quinquenervia: Melaleuca, punk or paper tree Schinus terebinthifolius: Brazilian pepper tree Casuarina, all species: Includes Australian pine 7.10.00 SUPPLEMENTAL STANDARDS 7.10.20 BED AND BREAKFAST RESIDENCES A. GENERALLY In the RE-l, RE-2, and HIRD Zoning Districts a Bed and Breakfast Residence is permitted as a Conditional Use subject to Section 11.07.00 and the requirements of this Section. A Bed and Breakfast Residence may also be approved as ~ Conditional Use in any other zoning district if'the structure is listed on the National Register of Historic Places or is a gontributinq structure¢ as defined.in the Code of Federal Regulations. Unless exempt~ Historical structures are subject to the provisions of this Section. Double Underline is for addition ...... Tnr~u-n is for deletion Ordinance 94-007 Page 34 OR BOOK O917 PAGE 0424 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DRAFT NUMBER B_~. MINIMUM STANDARDS The following requirements shall apply to all Bed and Breakfast Residences: aJ The Bed and Breakfast Residence must be secondary to the use of the premises for dwelling. All applic~nt~ ~ of a Bed and Breakfast Residence must own and occupy the building where said use will occur as their principal residence. Separate structures, accessory building and garages are not permitted to be used as living units or sleeping rooms. be Only a singular sign, for the purposes of identification, no advertisement shall be permitted. Identification sign shall not exceed four square feet in area and shall not be illuminated. Ce The maximum number of guest rooms made available for rent shall be five. de One off-street parking space shall be provided per guest room. All off street parking shall meet the minimum design criteria of Section 7.06.00. Se No food preparation or cooking shall be conducted within any bedroom nor other individual rented rooms. Meals shall only be provided to overnight guests, unless the conditional use approval specifies provisions for food service to the general public. f® The exterior appearance of the structure shall not be altered from its single-family character. Guests are limited to a length of stay no longer than ~Q-3~0 consecutive days. unless it is desiqnated a Hotel or Motel~ and then only if it ~s located in accordance with the provisions of the CG or HIRD zoninq districts~ no structure shall be constructed for the sole purpose of beinq used as a Bed and Breakfast Residence; and no existinq structure shall be enlarqed or expanded for the purpose of providinq additional rooms for quest occupancy. Double Underline is for addition ~trzxc Through is for deletion Ordinance 94-007 Page 35 OR~ BOOK O917 ~-GE O425 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DR. AFT NUMBER #3 Section 7.10.21 Off-Road Vehicle Parks A. INTENT B._~% The intent of this section is to prevent the widespread and unnecessary destruction or degradation of private property and the ReGion's natural systems through the unrequlated use of Off-Road Vehicles. This Section does not permit Go-cart raceway operation or qo-cart rentals (Standard Industrial Classification 7999) within the AG25 zoning district. GENERALLY ~rivate landowners may apply for permission to develop trails ~or use by off-road vehicles. These defined trails would limit the destruction and degradation of natural systems and Wildlife values, while at the same time providing off-road vehicle users a suitable place to en~oy this growing sport. .In the AG-5 (AGricultural - 5) zoninq district, amusement and recreational services for off-road vehicle use may be permitted as a conditional use subject to the criteria set forth in Sections 6.02.01(C)(3), Protected Species, 6.02.04~ ReGulation of Motorized Vehicles In Environmentally Sensitive Areas~ and Section 6.04.01, Native Upland Habitat Protection, and the following minimum requirements: The property on which the off-road vehicle activity is to take place shall be at least one-hundred (100) acresi ~ site plan of this facility must accompany the '" ~pplication for conditional use; An Environmental Impact Report as defined in Section 11.02.09(A)(5) shall be satisfactorily completed; No removal of county-protected vegetation shall occur; A buffer zone of native upland edge vegetation shall be provided and maintained around all wetlands as defined in Chapter II of this code which are constructed or preserved on new development. The buffer zone may consist of preserved or planted vegetation but shall .include canopy, understory, and qround cover of native species only. The edqe habitat shall begin at the upland ~imit of any wetland or deepwater habitat. This upland Double Underline is for addition '"Str&~a T~rougn is for deletion Ordinance 94-007 Page 36 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 DRAFT NI~MBER #3 edge habitat shall be located such that the total shoreline is buffered by a minimum width of fifty (50} .feet of upland habitat. The upland buffer requirement does not apply to drainage canals or stormwater conveyance systems requiring periodic maintenance. No noxious offensive activity shall be performed¢ nor shall anything be done on the premises which may be, or may become~ an annoyance or nuisance to other occupants of the area by reason of unsightliness or the excessive Dmission of odors, dust, fumes~ smoke( or noise. CHAPTER IX SIGNS 9.01.02 AUTHORIZED TEMPORARY SIGNS PARAGRAPaS A TaROUGH C: NO C~AN~ES D. PROJECT MARKETING SIGNS ~roject Marketing signs ~_shall be permitted only for projects approved as a Major Site Plan, Minor Site Plan, Planned Unit Development, Planned Non-Residential Development, or Planned Mixed-Use Development, as defined in Section 11.02.02 of the Land Development Code. ~uildinq Permits shall be required for Project Marketing signs Permits for such signs shall expire and the signs shall be removed upon determination by the Community Development Administrator that eighty (80) percent or more of the primary structures within the development have been completed or sold. The permit shall otherwise automatically expire upon the expiration of the associated Major Site Plan, Minor Site Plan, Planned Unit Development, Planned Non-Residential Development, or Mixed Use Development. .Progect Marketing signs Gshall be limited to one (1) sign for every five (5) acres or fraction thereof ....... ~ .................... '-, - .~ .... ~-, ~ ....... prcpcrt~ Double Underline is for addition ~trlac Tnrcugn is ior deletion Ordinance 94-007 Page 37 OR BOOK 09 1 7 ~AGE O 4 2 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 DRAFT NUMBER 45. ~-c-ar__ccc~ ~ v~^~ ~+-~.v._~ a--c~~c.~ ~ A maximum of three (3) signs per Major Site Plan, Minor Site Plan, Planned Unit Development, Planned Non-Residential Development, or Mixed Use Development shall be permissible cn alonq any sinqle a ~in~!c road frontage. No project marketinq siqn shall be located within 300 feet of another project marketinq siqn alonq the same roadway frontaqe. Individual Project Marketinq siqns ~shall not exceed a total sign area of thirty-two (32) square feet per every five (5) acres or fraction thereof, up to a maxim'.'..~, cf tkrcc-kun~rc~ ~ ~.-~+ ,~o~ ....... ~__~ The maximum amount of si n area permitted on any one property under the provisions of this Sectionr is 378 square feet. Individual Project Marketinq Siqns~ihall not be illuminated. · CHAPTER X HARDSHIP RELIEF 10.01.00 VARIANCES 10.01.14 ADMINISTRATIVE VARIANCES TO THE REQUIRED MINIMUM YARD SETBACK STANDARDS FOR RECREATIONAL. VEHICLE PARKS A. APPLICATION PROCEDURES A person desiring to decrease any required minimum yard setback in any ~ Recreational Vehicle Park on th____~e ~ffective date of this Ordinance (Ordinance 94-007) by no more than ~ .... ~-- ...... ~ (20) ~ percent of the minimum standard shall apply for a variance on a form provided by the Community Development Administrator. 2. An application fee in accordance with Section 11.12.00. The application shall be in such a form and contain such information and documentation as shall be prescribed from time to time by the Community Development Administrator, but shall contain at least the following: Double Underline is for addition ~trlzc Tn'rcug~ is for deletion Ordinance 94-007 Page 38 OR BOOK O 9 1 7 ~GE O 4 2 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DR, J~ bI'IJMBI~R # 3 a. Name and address of applicant. Legal description of the property which is subject of the application. c. Size of the subject property. A certified boundary survey for the subject property showing the location of the proposed RV, Mobile Home, or Single Family Residence, along with all setback and distance measurements to all adjacent structures, site improvements and utility services· In those cases where the application submitted is for a variance from the requirements of Section 7.10.16(Q)(2), proof that the existing structure(s) on the adjacent property(ies) is the cause for this application. The applicant must show that the adjacent structure(s) were constructed without with proper Local Government permits or in violation of those permits and as a result of the provisions of Section 7.10.16(Q)(2) has subsequently been granted existing nonconforming status. 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 Administrator shall examine the application or information submitted and notify the applicant of 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 Administrator shall either grant the variance, grant the variance with conditions or deny the variance with reasons clearly stated. Any person aggrieved by a decision of the Community Development Administrator may appeal the decision within thirty (30) days after the rendition of such decision to the Board of Adjustment pursuant to Double Underline is for addition ~'str~n~ Tnrcu~ is for deletion Ordinance 94-007 Page 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 OR, BOOK O 9 1 7 ~'%GE O 4 2 9 DRAFT I~IF~ER #3 procedures set forth in Section 11.11.00 of this code. S~ GENERAL STANDARDS FOR ISSUANCE The Community Development Administrator shall grant the requested variance if all of the applicable following standards are satisfied: Demonstration that the Recreational Vehicle Park was in leqal existence upon the effective date of this ordinance (Ordinance 94-007) ~-=2. Demonstration that the existing structure(s) on the adjacent properties have been constructed without, or in violation of, prior permit approvals and that these violations have been granted conforming status consistent with Section 7.10.16(Q)(2) of this Code. Demonstration that the placement of the proposed structure will meet the intent of all separation standards as required for all Recreational Vehicle Parks, Mobile Home parks, any other applicable provision of this Code, or the Standard Building Code and that the requested variance is the minimum necessary to locate the proposed dwelling unit of the property. The literal application of the provisions of Section 7.10.16(Q) will result in an undo hardship on the property owners and would otherwise prohibit the use of the petitioned property as others are used in the surrounding neighborhood. 45. The variance requested will not result in any encroachment into any access/utility easement or other common area. The variance requested does not result in an encroachment of any more than ~.~..~-, ~v,'~n' fifty (50) percent into any required yard setback area. 47. The variance requested will not conflict with any other provision of this Code. Double Underline is for addition ~r~c Tnrcu~n is for deletion Ordinance 94-007 Page 40 OR BOOK O 9 I 7 F'%.GE O 4 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DRAFT NUMBER #3 Ce CONDITIONS ON VARIANCES The Community Development Administrator shall attach such conditions, limitations and requirements to the variance as are necessary to effectuate the purpose of this section. CHAPTER Xl ADMINISTRATION AND ENFORCEMENT 11.02.00 PROCEDURE FOR REVIEW OF SITE PLANS 11.02.06 EXPIKATION 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 t-~clvc (12) twenty four (24) months from the date of approval. Unless a building permit is secured within ~..-~..A ,~, twenty four (24) months, the site plan shall expire automatically· A -~A _~ ..... ~.~. ~ ___ . . ~.,t..,t ........... A Minor Site Plan approval or a Major Site Plan approval may be conditioned so that the period of validity is less than .12 twenty four (24) 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 ~"A~'-~ '~ ...... ~,~) twenty four (24) months from Double Underline is for addition ~rl~c Tnroug~ is for deletion Ordinance 94-007 Page 41 OR.BOOK O9 1 7 PAGE O431 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DRAFT NUMBER #3 Be the date of approval. Failure to obtain a Final Planned Development Site Plan approval within t .... ~'-^ ''~' four (24) months of the Preliminary Planned Development Site Plan approval shall void the Preliminary Planned Development Site Plan approval or an extension of Preliminary Planned Development Site Plan approval according to the provisions of Section ll.02.06(B)(3)(a) of this Code. A Preliminary Planned Development Site Plan approval may be conditioned so that the period of validity is less than 12 twenty four (24) months, if it is demonstrated through the ~ssuance 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 twclvc (12) twenty four (24) months from the date of approval. Unless a building permit is secured within t-,:clvc (12) twenty four (24) months, the Final Planned Development 'Site Plan shall expire automatically· A Final Plannad l'- ...... fcc c.%.v · - sk~rtcr. A Final Planned Development Site Plan approval may be conditioned so that the period of validity is less than 12 ~wenty four (24) months, if it is demonstrated through the issuanc~ 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. SITE PLAN EXTENSIONS No C~.AN~ES Double Underline is for addition 'Strl~c Through is for deletion Ordinance 94-007 Page 42 · OR BOOK O917 PAGE O432 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 DRAFT NUMBER ABANDONMENT OF CONSTRUCTION In cases where a building permit has been secured, but construction has not commenced and proceeded toward completion, site plan approval shall terminate and become null and void after notice and hearing by the Board of County Commissioners if the Board by a 4/5 vote determines that construction of the approved development plan has been abandoned or suspended. For the purpose of this paragraph, construction shall be considered to be abandoned or suspended if at the hearing it is shown: ao That an active building permit had not been maintained in accordance with the approved site plan and Section 13.00.00, or; It is shown to the satisfaction of the Board of County Commissioners that the applicant has not proceeded toward the completion of the permitted structure(s) for a six month period prior to the issuance of a Notice of Intent to Revoke, unless the inactivity is attributable to the deliberate and scheduled phasing of a multiphase project. A public hearing to consider the revocation of site plan approval shall be scheduled before the Board of County Commissioners in accordance with requirements of Section 11.00.04. Formal notice of this public hearing shall be provided to those parties identified on the Building Permit application. This section shall not operate to invalidate any site plan prior to the end of the initial t--~clvc (12) twenty ~our (24) month approval period or any authorized extension thereof. 11.05.00 PROCEDURE FOR OBTAINING DEVELOPMENT PERMITS 11.05.01 BUILDING AND SIGN PERMITS A. BUILDING PERMIT 1. Generally Double Underline is for addition -~trl~c Tnrcu~ is for deletion Ordinance 94-007 Page 43 OR BOOK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DRAFT NUMBER #3 PAGE 0433 ae be de The erection, alteration, or reconstruction of any building or structure shall not be commenced without obtaining a Building Permit from the Community Development Administrator. Work activities shall not proceed without obtaining all the inspections required by the Community Development Administrator and the Standard Building Codes. No Building Permit shall be issued for development without a Certificate of Zoning Compliance. No Building Permit shall be issued unless it complies with the provisions of Section 13.01.00 through 13.05.00 of this Code. No Building Permit shall be issued for development unless the application for building permit is accompanied by a copy of a survey of the property on which the requested activity is to be permitted. All surveys shall completely depict the following: 1. The location of the activity; and proposed development The relationship of the activity under application to all adjacent property lines, and as may be required for the review of the application, all adjacent structures, improvements or natural features; and A minimum of two (2) elevations along each roadway on which the proposed activity borders, the existing ground elevation at the approximate center of the proposed structure, the existing ground elevation along the side property lines adjacent to the proposed structure, and the proposed finished floor elevation of the structure under application. All elevations are to be based upon NGVD' .~~. except for detached single family residential lots or parcels of land having an area of one {1) acre or less: Double Underline is for addition '~tr~c Tnrcu~n is for deletion Ordinance 94-007 Page 44 . OR BOOK O 9 ~. 7 PAGE O 4 3 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DRAFT NUMBER The location of all native trees of 20 inches .DBH and qreater¢ with the specific diameter and type of tree clearly identified. REMAXND~R OF PARA~RAPa I & ~r.r. OF PA~t~RAPR 2: NO C~ES CHAPTER XIII BUILDING REGULATIONS AND PUBLIC WORKS CONSTRUCTION MANUAL 13.04.00 ELECTRICAL CODE 13.04.01 ADOPTED The National Electrical Code,~..v~an~ ~v..,~*~A- NFPA 70, 1993 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 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 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 Double Underline is for addition Str~.~c Tnr~ug~ is for deletion Ordinance 94-007 Page 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 · OR BOOK O 9 I -~ PAGE O 4 3 5 DRAFT NUMBER # 3 ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable County's jurisdiction. throughout St. Lucie PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State,' The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on June 22, 1994. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Havert Fenn AYE Vice Chairman Denny Green AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper NAY Commissioner Cliff Barnes AYE PART H. 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 appropriate word, and the Double Underline is for addition H=rl~= T~rcug~ is for deletion Ordinance 94-007 Page 46 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 OR BOOK O917 ~ GE 0436 DRAFT NUMBER sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 22nd day of June, 1994. ATTEST: (D~.~UTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: /~OUNTY DJM 94-07I(uu) Double Underline is for addition ' Etr~tc Through is for deletion Ordinance 94-007 Page 47 ORDINANCE NO. 9&-11 AN ORDINANCE AMENDING CHAPTER 1-13.5 "MUNICIPAL SERVICE TAXING OR BENEFIT UNITS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-13.5-1 TO CLARIFY THAT THE COST OF IMPROVEMENTS MAY BE PAID FROM BOND PROCEEDS; BY AMENDING SECTION 1-13.5-2 TO CLARIFY THAT THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY SHALL BE DEEMED TO BE THE GOVERNING BODY OF UNITS CREATED PURSUANT TO THIS CHAPTER; BY AMENDING SECTION 1-13.5-3 TO CLARIFY THAT THE BOARD OF COUNTY COMMISSIONERS MAY EXERCISE THE POWERS OF TAXING OR BENEFIT UNITS; BY AMENDING THE TITLE OF SECTION 1-13.5-5 TO PROVIDE FOR CREATION OF UNIT; AMENDING SECTION 1-13.5(a) TO PROVIDE THAT THEUNITSMAY BE OF BENEFIT TO THE RESIDENTS OF THE UNIT; AMENDING SECTION 1- 13.5-5(b) TO PROVIDE THAT THE BOARD MAY PROVIDE FOR THE PAYMENT OF THE COSTS OF CONSTRUCTING AND OPERATING ANY IMPROVEMENTS BY ISSUING BONDS; AMENDING SECTION 1-13.5-5(e) TO PROVIDE FOR METHOD OF SPECIAL ASSESSMENT USING THE EQUIVALENT RESIDENTIAL UNIT METHOD AND AD VALOREM VALUATION; CREATING SECTION 1-13.5-6 TO PROVIDE FOR THE PROCEDURE FOR ADOPTION OF MUNICIPAL SERVICE TAXING UNITS; AMENDING SECTION 1-13.5-7 TO RENUMBER AND TO PROVIDE FOR THE PROCEDURE FOR ADOPTION OF MUNICIPAL SERVICE BENEFIT UNITS; AMENDING SECTION 1- 13.5-7(d) TO CLARIFY THE REQUIREMENT OF AN INITIAL HEARING WHERE A PETITION TO CREATE A MSBU IS FILED; AMENDING SECTION 1-13.5-7(g) TO CLARIFY THE REQUIREMENT FOR A SECOND PUBLIC HEARING TO DETERMINE WHETHER TO CREATE A MSBU, TO DELETE REFERENCES TO AD VALOREM TAXES; TO PROVIDE THAT SPECIAL ASSESSMENTS MAY BE PAID IN INST~TJ.MENTSANDMAY BE DIVIDED, TO PROVIDE THAT A SPECIAL ASSESSMENT LIEN IS COEQUAL WITH OTHER LIENS FOR COUNTY TAXES, AND TO PROVIDE THAT THE FINAL ASSESSMENT SH~?.?. NOT EXCEED THE ORIGINAL BENEFITS ASSESSED WITHOUT FURTHER PUBLIC HEARING; AMENDING SECTION 1-13.5-7(h) TO PROVIDE FOR THE ADOPTION OF A RESOLUTION CREATING A MSBU AT THE ADVERTISED SECOND PUBLIC HEARING; AMENDING SECTION 1-13.5-7(i) TO INCLUDE THE COSTS OF COLLECTION OF ASSESSMENTS INCLUDING DISCOUNTS FOR EARLY Struck through passages are deleted. added. Underlined passages are -1- ',]o OO O, I~. PAYMENT IN THE ESTIMATED COSTS; RENUMBERING EXISTING SECTIONS 1-13.5-7, 1.13.5-8, 1-13.5- 9, 1-13.5-10, 1-13.5-11 AND 1-13.5-12; AMENDING SECTION 1-13.5-10 TO DELETE TEE DESIGNATION OF DEPOSITIONS; AMENDING SECTION 1-13.5-11 TO PROVIDE TEE SPECIAL ASSESSMENTS LIENS ~RE EQUAL IN DIGNITY TO THE LIEN OF COUNTY TAXES AND DELETE THE DESIGNATION OF DEPOSITORIES; AMENDING SECTION 1-13.15-11(f) TO CLARIFY TEE ABILITY TO FORECLOSE ON PROPERTY TO WHICH THE ASSESSMENT RELATES IN THE EVENT OF DEFAULT; AMENDING SECTION 1-13.5- 11(i) TO PROVIDE FOR THE USE OF THE UNIFORM METHOD OF COLLECTING SPECIAL ASSESSMENTS, AND TO PROVIDE THAT THE LIEN OF RECORD AGAINST ANY PROPERTY SH~?~. BE DEEMED TO BE THE AMOUNT SHOWN IN THE ~ESOLUTION REFERENCED IN SECTION 1-13.5-7(h); FURTHER PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. O O 0 0 ,,l WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws provides for the creation of municipal service benefit or taxing units. 2. Section 125.01(1)(q), Florida Statutes, authorizes the Board of County Commissioners to establish municipal service taxing or benefit units for any or all of the unincorporated-areas of the County. 3. public procedures set out in Chapter 1-13.5. This Board has determined that it is necessary and in the interest to amend Section 1-14.5-12 to clarify the o~ .... ~, ~ ..... ~ ge ............. ~., passa s are deleted. added. Underlined passages are -2- NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County,. Florida: PART A. AMENDMENT OF SECTION 1-13.5-12 (PROVISIONS SUPPLEMENTAL) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-13.5-1 (Creation - Authorized) of the Code of Ordinances of St. Lucie County, Florida is hereby amended to read as follows: Section 1-13.5-1. Creation-Authorized. Municipal service taxing or benefit units may be established in Unincorporated areas of the county under the provisions of this chapter fOr the purpose of providing fire protection, law enforcement, beach erosion control, recreation services and facilities, water, streets and roads, sidewalks, garbage and trash collection and disposal, waste and sewage collection and disposal, drainage, transportation, and other essential facilities and municipal services the cost of such improvements or services may be paid in whole or in part from funds derived from service charges, special assessments, or taxes levied within such units or that the cost of such improvements may be paid in whole or in part from the proceeds of bonds issued for such purposes. Section 1-13.5-2. ~overning body of municipal service taxing or benefit units. o o o ...... ~.. passages are deleted. added. -3- Underlined passages are The board of county commissioners of St. Lucie County shall be deemed to be he governing body of each taxing or benefit units created pursuant to this chapter. All references to the board of county commissioners or municipal service taxing units herein shall be deemed to include both, as appropriate. Section 1-13.5-3. Powers of taxing or benefit units. Each of said taxing or benefit units created pursuant to this chapter shall have the power to levy ad valorem taxes and special assessments, to contract, borrow and expend funds, issue bonds, certificates of indebtedness, revenue certificates, and other obligations of indebtedness, and to exercise any other power as granted by general or special law. Each taxing or benefit unit is authorized to enter into contracts with municipalities, counties and other units .of government for the purpose of providing the taxing unit with any or all of.the services the unit is established to provide. The County, actinq through its Board of County Commissioners, may exercise the foreqoing powers on behalf of any MSBU or MSTU created hereunder. Section 1-13.5-4 Budget adoption. Each year any taxing unit created pursuant to this chapter shall adopt an annual budget according to the requirements of Chapter 129, Florida Statutes. The board of county commissioners of St. Lucie County thereafter may cause such millage to be levied against all lawfully 'taxable property within said unit as is sufficient to raise the budget. Ail funds so raised shall be used Struck ~ ..... ~ ...... ~.. passages are deleted. Underlined passages are added. 0 0 0 0 -4- solely for the expenses of taxing unit. Property accounts and records shall be kept at all times. Section 1-13.5-5. " ..... ' ..... ~ .... ~- cCreation of units. (a) The board of county commissioners, upon its own motion or upon written petition by a majority of the affected property owners, shall determine whether creation of a proposed municipal service taxing or benefit unit may be of benefit to the residents of and/or the real and personal property located within the boundaries of such unit. (b) The board may provide for the payment of a part or all of the costs of constructinq and operatinq any improvements under this chapter above by levying and collecting special assessments on the abutting, adjoining, contiguous or other property specially benefited by the improvements provided herein or by issuinq bond payable from the proceeds of such assessments. (c) Property owners, as referred to in this chapter, shall include any persons, firm, partnership, corporation or other legal entity holding title to any property which would be liable for special assessments hereunder if said special assessment were made. The requirements for a majority of such property owners, as provided below, shall mean no less than fifty-one (51) per cent of the owners in number and, where front footage is used as an assessment basis, at least fifty-one (51) percent of the owners as measured by front footage 'of the lands liable to be assessed for said improvements hereunder. Struck thrcugh passages are deleted. Underlined passages are added. -5- O o 0 0 (d) The board of county commissioners, at the board's option, may place a question concerning the creation of a proposed municipal service taxing or benefit unit on the ballot at any primary election, general election or otherwise called special election as provided by general law, to obtain an expression from qualified electors residing within the proposed unit as to whether the proposed unit should be created. The cost of the election shall be added to the cost of the improvements in the event the board determines to create the proposed taxing or benefit unit. Provided, however, the results of any election held' pursuant to this section are not binding on the board. (e) Method of special assessment. Special assessments against property deemed to be benefited by said improvements as provided in this chapter shall be assessed upon the property specially benefited by the improvement in proportion to the special benefits to be determined and prorated according to the foot frontage of the respective properties specially benefited by said improvement by the equivalent residential unit methoH or by such other lawful method, including ad valorem taxation valuation.and service charges, as the board may prescribe by resolution. Section 1-13.5-6. Procedure for adoption of municipal servic~ taxinq units. 0 0 0 0 (a) Public hearinq. Prior to creatinq a municipal service taxinq unit, the board of county commissioners shall hold a public hearinq. Notice of the public hearinq shall be published twice in ...... ~.. passages are deleted. Underlined passages are added. -6- a daily newspaper of qeneral circulation in St. Lucie County, once not less than twenty-one (21) days and once no more than seven (7) days before the date of such public hearinq. The notice shall include a brief description of the unit, the proposed action to bo taken by.the board, and the t~me, date and place of the hearinq. The board may, at the board's option, determine to mail an additional notice to affected property owners prior to the public hearing. (b) Resolution creatinq taxinq unit. If the board finds, at the advertised public hearinq, that creation of such unit would bn in the public interest, it shall adopt a resolution providinq for the creation of the unit. The resolution shall set forth the t~ 0 0 0 0 followinq: (1) The name or desiqnation by which the unit shall be known (2) .(3) The boundaries of the unit The services to be provided in the unit Section 1-13.5-6~. Procedure for adoption of municipal service benefit units. (a) Initial petition. Property owners may petition the board of county commissioners for the county engineer to provide a preliminary estimate of the cost of construction of requested improvements under the provisions of this chapter. The county engineer shall provide the petition form to any interested person. Signatures'on the petition and the fact of execution by a majority et - !. through passages added. are deleted. -7- Underlined passages are of such property owners shall be verified by the county engineer upon the basis of information in the public records. (b) Petition form. The form of petition referred to in subsection (a) above shall be approved by the county attorney as to legal form and sufficiency and shall require a description of the proposed improvements and a statement that the.petitioners request that the improvements be constructed and that they recognize that the determination of special assessments will be made by the.board of county commissioners at a public hearing and that they agree to be assessed for the actual cost for construction of the improvements including other allowable incidental costs connected therewith, in an amount not to exceed the maximum allowed by this chapter. The petition form shall contain a statement notifying the petitioners that the costs of preparing the plans, specifications, and cost estimates required for the project may be assessed against the property owners in the event the project is not approved. (c) Priority of petitions and recordkeeping. Petitions heretofore received shall be processed in the order in which they are received and shall be considered at an appropriate entry level within the procedural requirements established by this chapter. All petitions hereafter received for consideration under this chapter shall be numbered in the order in which they are received. The county engineer shall maintain a tabulation of numbered 0~ 0 0 0 0 ~ - passages are deleted. added. Underlined passages are -8- petitions along with the dates of filing, hearings, preliminary estimates [and] the final cost. (d) Initial hearing where petition is filed. Upon receipt of a petition to create a Municipal Service Taxing Benefit Unit (MS~_BU) that complies with this chapter, the county engineer shall submit the petition and a rough estimate of the cost of the proposed .project to the board of county commissioners and shall request permission to advertise a public hearing to determine the need for the proposed project, the percentage of public and private benefits and the method of assessment. At the time set for the initial public hearing, the board shall hear objections of interested persons and shall make an initial determination as to whether the project is in the best interest of the health, safety and welfare of the county and, if so, the percentage of public and private benefits which will result from the proposed improvements, and the method to be used in assessing specially benefited property. That percentage of the benefits of the improvements which the board finds accrues to the public shall be the percentage of the cost of improvements borne by the county. Upon making the above determinations, the board of county commissioners shall adopt a resolution stating its determinations and authorizing the county engineer to proceed with the project pursuant to the procedure stated in this chapter. Notice of the initial public hearing required by this section shall be published twice in a daily newspaper of general Struck ~ ..... ~ ...... ~ passages are deleted. Underlined passages are added. -9- circulation in the county once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public hearing. In addition, notice shall be mailed to the record title holder of any property to be specially assessed at least fourteen (14) days prior to the date of the public hearing. The notice shall include a brief description of the project, a description of the specially benefited property, the proposed action to be taken by the board and the time, date, and place of the hearing. An initial hearing is not required if the board determines on its own motion to direct the county engineer to prepare a report as set out below. (e) Project review. Upon receiving authorization to proceed with the project, the county engineer shall prepare a report, accompanied by a map and other pertinent data, setting forth: (1) The boundaries of the proposed benefit unit and his recommendations as to any territory within such boundaries which should be excluded form the unit because of the disproportionate cost of providing for such territory the improvements or services requested or for any other reason. (2) The location or locations of any improvements to be acquired, leased or installed. (3) An estimate of the cost of such improvements. (4) An estimate of the annual expense of operating any such improvements and providing such services. o o 0 0 S~.-uc.;' tkrcugk passages are deleted. added. Underlined passages are -10- Ail such improvements shall be constructed to county standards. An estimate of fees, direct charges, engineering costs and administrative costs shall be included in the preliminary estimate. The board of county commissioners may, upon its own motion, direct the county engineer to prepare a report for specified improvements even though no petition of property owners has been presented or the majority ownership condition is not met. In any case, the county engineer shall include With his report a list of specifically affect property owners and the status of any petitions. Upon completion of the report and the approval of the board of the percentage of cost to be specially assessed and the method of such assessment in situations where such approval is required by this chapter, the county engineer shall either prepare a preliminary assessment roll which will indicate the tentative assessment for each parcel or prepare an estimate of the maximum annual assessment per one thousand dollars ($1,000.00) or fraction thereof of assessed value on all real and personal property in the unit, excluding homesteads, that will be necessary to finance such improvements or services. Such assessment shall be based upon a method of assessment specifically provided by this chapter or authorized by the board of county commissioners. Thereafter, if the board so directs, all specially benefited property owners shall then be notified of an informal meeting with the county engineer, at which the county engineer will explain the ...... s~ passages are deleted. Underlined passages are added. -11- proposed improvements, the tentative assessment to each property, and the procedure thereafter to be followed. Other necessary county personnel will attend said meeting as directed by the board. The notification required to be given for such meeting to be held by the county engineer shall consist of a notice published in a local newspaper of general circulation in St. Lucie County. Said publication shall be made once at least ten (10) days before the informational meeting date. An additional courtesy notice of the county engineer shall also be mailed to each property owner, by regular mail, no less than ten (10) days prior to the informational meeting date. The mail notice shall be based on names and addresses found in the records of the property appraiser or from such other sources the county engineer deems reliable. The mailed notice shall include the property owners' tentative assessment applicable to the property to be assessed, provided, however, that in lieu of an informational meeting, the county engineer may distribute by regular mail, a comprehensive and detailed explanation of the proposed improvements and the reasons why same are necessary. (f) Percentage of cost; further procedures. Upon completion of the preparation of the report and compliance with the requirements of subsection (e) of this section, the county engineer shall proceed to bring the subject improvements to the board of county commissioners for permission to advertise the second public hearing thereon. Provided, however, that the board of county Struck tkrough passages are deleted. Underlined passages are added. -12- commissioners at any time, in its sole discretion, may reject the petition or project for any further consideration. (g) Second public hearing to determine creation of MSBU. Prior to awarding the contract for construction of the subject improvements for which special assessments~vA ~ "~-~m.-~ .... ~axcs will be levied, the board of county commissioners shall hold a public hearing on the proposed project unless the board determines to reject the project from further consideration. The county engineer shall notify property owners owning property liable to be ~vA~d or specially assessed hereunder by regular mail of the time and place of said public hearing. The mailed notices shall advise each property owner of ~^ ~-~-~A~-~--~ ......... ~ ~ ......... ~ ...... special assessment, per parcel, including other allowable costs and the percentage and method of assessment determined in accordance with the above provisions of this chapter. The public hearing should be held no sooner than two (2) weeks after the mailing of the notices describe din this paragraph. Addresses for mailed notices shall be obtained by the county engineer from the records of the property appraiser or from other sources as the county engineer deems reliable. In addition, a notice shall be published twice in a daily newspaper of general circulation in St. Lucie County, once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public hearing. The Struck through passages are deleted. Underlined passages are added. O o 0 0 -13- notice shall include a brief description of the project, a description of the specially benefited property, the proposed action to be taken by the board, and the time, date and place of the hearing. In. the event of a determination to proceed with the project, after said public hearing, the board of county commissioners shall so proceed by resolution as provided for in subparagraph (h) of this section. At said public hearing, the owners of the property to be assessed or any other persons interested may appear before the board of county commissioners and be heard as to the propriety and advisability of making such improvements, as to the costs thereof, as to the manner of payment thereof, and as to the amount thereof to be specially assessed against each property so improved. At the public hearing, if ~ ~ ~ .... the county engineer shall also present to the board of county commissioners a preliminary assessment .roll prepared in accordance with the method and percentage of assessment provided for by this chapter. Said assessment roll shall show the lots and lands assessed, the amount of the benefit to and the assessment against each lot or parcel of land, and if said special assessment is tc may be paid in installments, the number of annual installments into which the special assessment i~ may be divided, whether the assessment shall be payable in equal installments of principal to which interest shall be added or equal installments of principal and interest shall also be entered and shown upon said assessment roll. ...... ~.. passages are deleted. Underlined passages are added. -14- At the time and place named in the notice of public hearing provided for special assessments, the board of county commissioners shall also meet as an equalizing board to hear and consider any and all complaints as to such special assessments and shall adjust and equalize the assessments on the basis of just and right and when so equalized and approved by resolution of the board of county commissioners, such assessment shall stand affirmed and rcmain constitute a legal, valid and binding au a first lien, coequal with other liens for county taxes, upon the property against which such assessment is made, until paid; provided, however, that upon completion of the improvements the board of county commissioners shall credit to each of said assessments the difference in the assessment as originally made, approved and confirmed above and the proportionate part of the actual costs of said improvement to be paid by special assessments finally determined upon completion of said improvementT ~ provided that in no event shall the final assessments exceed the amount of benefits originally assessed by the board of county commissioners without a further public hearinq. Promptly after such confirmation of assessment, the final assessment shall be recorded by the clerk of the board of county commissioners in a special book to be known as the "improvements lien book" and the record of the lien in said book shall constitute prima facie evidence of its validity. Notwithstanding the above, a copy of the resolution referred to above shall be recorded in the official records of the clerk of the circuit court of St. Lucie ...... ~.. passages are deleted. Underlined passages are added. -15- County so as to facilitate knowledge thereof by third parties. However, if the Board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in Section 1-13.5-11(i) of this Chapter, such recordinq shall not be required. (h) Resolution creating benefit unit. If the board finds, -~t~.-. A~ at the advertised second public hearing that the improvements would be of benefit to the real and personal property within the boundaries of the proposed benefit unit, that the cost of providing such improvements and services is not in excess of the benefit gained and the creation of such unit would be in the public ' interest, it shall adopt a resolution providing for the creation of the unit. In addition to such findings, the resolution shall set forth the following: (1) The name or designation by which the unit shall be known. (2) The boundaries of the unit. (3) The improvements or services to be provided in the unit. (4) The method of assessment approved by the board. (i) Declare special assessment. In the event the board of county commissioners determines to proceed to make any improvements authorized by this chapter and to defray part of the expense thereof by special assessments, the board shall so declare, by resolution as provided for in paragraph (h) stating the nature of the proposed improvements, designating the areas to be so improved, the method in which said assessments shall be made, and when said added. tkrcu~h passages are deleted. Underlined passages are -16- assessments are to be paid. Said resolution shall also designate the lands upon which the special assessment shall be levied and shall also state the total estimated costs of the improvement. Such estimated costs shall include an estimate of construction costs, right-of-way costs, borrowing costs and consultant fees, permit fees, the cost of preliminary and other surveys, inspections, and superintendence of the work, the preparation of the plans and specifications and the estimate, the printing, mailing, and publishing of notices and proceedings, the preparation of certificates, bonds, the costs of collection of assessments, includinq discounts for prepayment and/or early payment, and any other expense necessary or proper. If the board determines the project should proceed, the board shall authorize staff to advertise requests for proposals and bids for engineering, construction and financing of the project. Section 1-13.5-~. Proceedings by county engineer subsequent to hearing (a) Upon receiving authorization to proceed, the county engineer may publish requests for proposals for engineering services to prepare the plans, specification and cost estimates for the project. (b) The budget officer/purchasing agent may publish requests for bids for construction and financing of the project pursuant to the plans and specifications. Section -13.5-$~. Contracts. o o 0 0 -.ruc.: through passages are deleted. added. Underlined passages are -17- After the improvement, the agreements with adoption of the resolution authorizing the board shall enter into such contracts and such companies, municipalities and special districts as the board may determine are necessary to provide the improvements or services for which each unit authorized by this chapter was created. Section 1-13.5-910. Annual assessments; In each year, before the levy of county taxes, the board shall determine the amount required in the following fiscal year, in addition to the funds then available and to become available for such purposes, to pay the expenses of furnishing the improvements or services for which each unit authorized by this chapter was created, and the amount so determined shall be specially assessed upon all lawfully taxable property within the unit. Such special assessments shall be extended and collected at the same time and in the same manner as county taxes are levied and collected, and shall have the same priority rights, bear interest, be subject to penalties, and be treated the same as county taxes, except that, in accordance with the second sentence of Article VII, Section 9(b), Florida Constitution, such assessments shall be levied within tho limits fixed for municipal purposes. The proceeds of such special assessments shall, when collected, be deposited '--'it h such to the purpose or purposes for which they were assessed. Section 1-13.5-~11. Special assessments; collection. ...... ~ passages are deleted. Underlined passages are added. -18- 0 0 (a) Priority of lien, interest, method of payment of special assessments. Said special assessment shall be payable at the time and in the manner stipulated in the resolution providing for said improvements; and said special assessments shall remain liens, in.cr~A-~ ~v~ equal in dignity to the lien of all federal, state, ~"~ and superior in dignity county, district and municipal taxes, ~_. to all othcr liens, titles and claims until paid, and shall bear interest at a rate not to exceed the maximum rate permitted by law for such assessments from the earlier of (i) the date of the acceptance of said improvement(s) or (ii) such other date as may be fixed by 'the board and may, by the resolution aforesaid, be made payable in equal annual installments as determined by the board,if installments are allowed by the board, to which installments, if not paid when due there shall be added a penalty at the rate of one (1) per cent per month upon the due but unpaid principal portion of the installment(s), until paid; provided that said assessments may be paid without interest or additional amount at any time within thirty (30) days after (i) the improvement is completed and a motion accepting the same has been adopted by the board, .or (ii) such other time as may be specified by the board. Said special assessment shall be payable at the St. Lucie County Finance Department or the St. Lucie County Tax Collector. Certificates of indebtedness, under subsections (c) and (d) of this section, shall not be prepared unless specifically required by the board of county commissioners for the particular project by resolution of the board .-uc- ~ ..... ~h passages added. are deleted. Underlined passages are -19- 0 0 0 0 of county commissioners. (b) Valid assessment to be made. If any special assessment made under the provisions of this chapter to defray part of the expense of any improvement made hereunder shall be either in whole or part vacated or set aside by the judgment of any court or the board shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected or if the board shall have omitted to make such assessment when it might have done so, the board shall take all necessary steps to cause a new assessment to be made for any improvement and against any property specially benefited by such improvement following as nearly as may be the provisions of this chapter. In case such second assessment shall be likewise invalid, the board may obtain and make other assessments until a valid assessment shall be made. (c) Certificate of indebtedness. At the termination of said thirty-day period for payment of such special assessments, the clerk of the board shall prepare separate certificates of indebtedness against each lot, parcel or tract of land for which an assessment remains unpaid; and such separate certificate of indebtedness shall contain a description of the land together with the total amount of the assessment which shall be the amount assessed plus the cost of recordation of said certificate and S~-~'.~-''-.- through passages are deleted. Underlined passages are added. -20- 0 0 recordation of satisfaction or cancellation thereof together with a statement of the general nature of the improvement for which the assessment has been made, the date thereof, the name of the fee simple owner of record and such further information pertaining thereto as the board may determine. The said certificate shall be payable to the County of St. Lucie or any proper assignee or assignees thereof. Any assignment of certificate must appear on the certificate itself and also upon the books of the County of St~ Lucie for such assignment to be legal and binding. The certificate shall bear interest at a rate not greater than the maximum rate permitted by law for such assessments, as may be determined by the board and shall be payable annually from date thereof, in equal and annual installments of principal, together with interest accrued upon the principal remaining outstanding and unpaid, in equal annual installments, the number of installments, if any, to be determined by the board, provided, however, that any certificate may be paid at any time by payments of the total unpaid principal thereof together with interest computed to the date of payment. (d) Issuance of certificates of indebtedness. The certificates, when issued, shall be signed by the chairman of the board of county commissioners of St. Lucie County, or in the event of his absence or other incapacity, by the vice-chairman of said board and signed by the clerk of the circuit court of St.Lucie county as said clerk, and as clerk of said board, or, in the event of his absence, by an assistant clerk. The seal of said clerk ...... ~ passages are deleted. Underlined passages are added. W -21- shall be affixed thereto. The signature of the chairman or vice- chairman shall be acknowledged before a notary public for the State of Florida and upon which acknowledgement of the same shall be entitled to being recorded in the office of the clerk of the circuit court of St. Lucie County, Florida. Any notary duly commissioned by the State of Florida may take and certify such acknowledgement to be made by the chairman or vice-chairman; and in this respect, the clerk or assistant clerk, if such person be a duly commissioned notary public may take and certify such acknowledgement for which the clerk or assistant clerk shall receive no compensation other than the compensation which may be paid to him in his capacity as clerk or assistant clerk. (e) Alternate method of financing improvements(s). As an alternative to issuing certificates of indebtedness as set out in subsections (c) and (d), the board may, as a means of financing improvements, (i) enter into pledge agreements with local financing institutions to pledge the revenues from the special assessments, or (ii) issue bonds, in the manner provided by ordinance, secured by the proceeds of the special assessments. (f) Default on special assessment. Failure to pay any installment of principal or interest or any part thereof when the same shall become due and payable, shall cause, without notice or other proceedings, all installments of principal then remaining unpaid to be immediately due and payable, and may subject the property to which such assessment relates to foreclosure. The StruCk ~ ..... ~ ...... ~.. passages are deleted. Underlined passages are added. 0 0 0 0 -22- County of St. Lucie or the holder of the certificate may proceed to enforce the lien of such assessment as hereinafter provided or may cause the amount of such assessment to be paid from other funds or sources in the discretion of the board of county commissioners. Immediately upon default in any payment an additional lien for the cost of enforcement thereof, including court costs, abstract costs and reasonable attorneys' fees shall accrue and mature. Enforcement of such assessments may be by suit in equity brought in accordance with the Florida Rules of Civil Procedure or by any other lawful legal process or procedure then available for enforcement pursuant to the laws of the State of Florida. In any event, the final decree or judgment shall include the amount of principal remaining due and unpaid upon such assessment, together with any interest accrued thereon, and, if bonds secured by such assessment are outstandinq, interest to accrue on such bonds to th~ earliest date in which such bonds may be called for redemption., together with all costs including abstract fees and attorneys' fees as aforesaid. The foreclosure proceeding brought hereunder shall be prosecuted to a sale and conveyance of the property involved in said proceedings as provided by law in suits to foreclosure mortgages. (g) Assessment roll sufficient evidence. Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this chapter shall not e~ffect the validity of the same where the assessment roll has been ...... =~ passages are deleted. Underlined passages are added. -23- if delinquent. If any assessment is paid in part, but not in full, such partial payment shall reduce the total principal amount of assessments due but shall not reduce the annual payments (except for the final payment) due on such assessments or postpone the due date for the next scheduled payment of assessments after such partial payment. %'"1 Section 1-13.5-Z1,12. County authorized to advance necessary expenses. To accomplish the purposes of this chapter, the board is authorized and empowered to appropriate and advance from its general fund the moneys to pay necessary expenses prior to the creation of any unit and the receipt of unit funds. After any unit is created, the moneys so advanced shall be repaid to the general fund from unit funds. Any moneys so advanced and expended toward the creation of any unit but resulting in such unit not being ~ .... " ~ ..... ~ passages are deleted.' Underlined passages are added. 0 0 -25- created shall be a county expense. The appropriation and expenditure of funds under this section is a county purpose. Section 1-13.5-1~. Provisions supplemental. This chapter shall be deemed to provide a supplemental, additional and alternative method of procedure for the benefit of the county and shall not apply to improvements done pursuant to any other law. PART B. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 0 0 ...... u.. passages are deleted. added. Underlined passages are -26- PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. pART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption of the Board of County Commissioners. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Havert L. Fenn AYE Vice Chairman Denny Green AYE Commissioner Judy Culpepper AYE Commissioner R. Dale Trefelner AYE Commissioner Cliff Barnes 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. 0 0 0 0 Struck through passages are deleted. added. Underlined passages are -27- PASSED AND DULY ENACTED this 3rd day of May, 1994. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. ~t,~ov~r~ To ~'o~ AND 0 0 Struck through passages are deleted. added. Underlined passages are -28- ORDINANCE NO. 94-12 AN ORDINANCE CREATING CHAPTER 1-6.8 (CONTRACTORS) RELATING TO UNLICENSED CONTRACTORS ENFORCEMENT PROCEDURES; ESTABLISHING AN UNCERTIFIED, UNREGISTERED, AND UNLICENSED CONTRACTORS PROGRAM; PROVIDING FOR DEFINITIONS; PROVIDING FOR VIOLATIONS; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARING; PROVIDING FOR COLLECTION AND RECOVERY OF CIVIL PENALTIES; PROVIDING FOR APPELLATE REVIEW; PROVIDING FOR PROVISIONS CONTAINED HEREIN ARE SUPPLEMENTAL; PROVIDING FOR SCHEDULE OF CIVIL PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABIMTY AND APPLICABILITY; PROVIDING FOR INCORPORATION IN CODE; PROVIDING FOR INTERLOCALAGREEMENTSWITH MUNICIPALITIES; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. It would be in the best interest of the residents of St. Lucie County to stop uncertified/unregistered/unlicensed contractors from operating illegally within St. Lucie County. 2. Chapter 489, Florida Statutes, provides authority to local governments to enact local ordinances which provide for the issuance of citations by code enforcement officers and the hearing of cases by designated hearing officers. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ~u....v.~,,~ passages are deleted. Underlined passages are 1 (1) ~. O I ©o O, I.~. q PART A. CREATION OF CHAPTER 1-6.8 (CONTRACTORS). Chapter 1-6.8 (Contractors) of the Code of Ordinances of St. Lucie County, Florida, is hereby created to read as follows: CHAPTER 1-6.8 CONTRACTORS ARTICLE I. IN GENERAL Section 1-6.8-1 - 1-6.8-20. Reserved. ARTICLE II. UNLICENSED CONTRACTORS ENFORCEMENT PROCEDURES 0 0 0 ~0 0~ Section 1-6.8-21. Uncertified/unre.qistered/unlicensed contra~o~ proqram. The followinq uncertified/unre,qistered/unlicensed contractors pro.qram is hereby established in St. Lucie County, Florida. Section 1-6.8-22. Definitions. (a) "Advertise" shall mean to tell about, communicate, inform, advise, in or through any public or private manner or form, including, but not limited to, throu.qh newspapers(s), handbill(s), or flyer(s), business card(s), Magazine(s), telephone directory(ies), radio, television, telephone solicitation, and/or conversation. (b) "Board" shall mean the St. Lucie County Contractor Examining Board, as established by the Code of St. Lucie County. (c) "Certificate" means a certificate of competency issued by the Board or the State of Florida, Department of Professional Re,qulation, or Construction Industry Licensing Board. Struck througk passages are deleted. Underlined passages are added. 2 (d) (e) (h) (k) "Certification" means the act of obtaining or holding a certificate of competency from the Board or the State of Florida, Department of Professional Re,qulation, or the Construction Industry Licensing Board. "Certified contractor" means any contractor who possesses a certificate of competency issued by the Board or the State of Florida, Department of Professional Regulation, or the Construction Industry Licensing Board. "Code enforcement officer" shall mean any authorized a,qent or employee of the County whose duty it is to assure code compliance and is authorized by the Community Development Director to enforce this Ordinance. "Contractor" shall mean the person who is qualified for and shall only be responsible for the entire project contracted for and means, except as exempted in Chapter 489, Florida Statutes, and Section 2-5-3 of the Code of Ordinances of St. Lucie County, the person who, for compensation, undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others. "Licensed" means possessin,q the certificates required pursuant to Chapter 489, Parts I and II, Florida Statutes, and/or Code of Ordinances of St. Lucie County, (and the successor statutes and ordinances to the above as they may be amended from time to time). appropriate occupational license. It may also mean havin,q an "Qualifyin,q Agent" means a person as defined in Florida Statutes 489.105(4)(5). "Registered contractor" means any contractor who has registered with the State of Florida, Department of Professional Regulation pursuant to fulfillinq the competency requirements of the Board. "Repeat violation" shall mean a recurrin,q violation of a provision of this Ordinance by a violator who has previously found to have violated the same provision, or a violator against whom penalties were assessed for the same provision, within five (5) years prior to the current violation. "Serve" shall mean that all notices required by this Ordinance shall be provided to the alle,qed violator by certified mail, return receipt requested; by hand delivery by the Sheriff or other law enforcement officer or code enforcement officer; or by leavin,q the notice at the alleqed violator's usual 0 0 0 Struch through passages are deleted. Underlined passages are added. 3 place of residence with some person of his or her family above fifteen (15) years of are and informin,q such person of the contents of the notice. Section 1-6.8-23. (a) (b) Violations. Each violation and each separate day a violation of this chapter continues shall be considered a separate and distinct offense. However1 a citation must be issued for the alle,qed violator for each day an alle,qed violation continues to exist in order for a separate fine to be imposed. Any person found to be in violation of the provisions of this Ordinance shall be ,quilty of a civil infraction. It shall be a violation of this Ordinance for any person1 individual, partnership, corporation, firm, association1 or other entity to: (1) Falsely hold himself or herself or a business orqanization out as licensed, a certificate holder, or registered contractor; or (2) Falsely impersonate a certificate holder or re,qistered contractor; or (3) Falsely present himself or herself as a certified or reqistered contractor under another person's certificate or reqistration; or Give false or forged evidence to the board or a member thereof for the purpose of obtaininq a certificate of competency; or Use or attempt to use a certificate, license, or registration which has been suspended or revoked; or En(~a_oe in the business or act in the capacity of a contractor without being duly registered or certified; or (4) (5) (6) 0 0 0 O~ 0 °~ .... " ~ ..... ~ passages are deleted Underlined passages are added. 4 (10) (7) Advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; or (8) Operate a business orqanization enqa.qed in contractinq after sixty (60) days from the date its only qualifying agent ceased to be affiliated with said business organization without designating another primary qualifying a.qent; or (9) Proceeding on any job without first obtaining applicable local building permits and inspections; or performance of any work for which a building permit is required without such building permit being current. Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business orqanization as available to engage in the business or act in the capacity of a contractor without an occupational license. 0 0 0 0 (d) No person associated with a contracting firm qualified by a qual fyin,q agent shall: (1) Conceal or cause to be concealed, or assist in concealing from the primary qualifying agent, any material activities or information about the contracting firm; or (2) Exclude or facilitate the exclusion of any aspect of the contracting firm's financial or other business activities from the primary qualifying agent; or Knowingly cause any part of the contracting firm's activities, financial or otherwise, to be conducted without the primary qualifying agent's supervision; or (4) Assist or participate with any qualifying agent in the violation of any provision of this chapter. (e) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer pursuant to Section 1-6.8-21 through 1-6.8-29 of Struck ~=~..~.~..~ passages are deleted. Underlined passages are added. 5 this Code shall be .quilty of a misdemeanor of the second de,qree, punishable as provided in Section 775.082 and/or Section 775.083, Florida Statutes. Section 1-6.8-24. Enforcement procedures. (a) Code enforcement officers shall have the authority to initiate enforcement proceedin,qs a,qainst any person who is not a licensed and/or is not ~ certified and/or a reRistered contractor or subcontractor or who proceeds on any iob without first obtainin.q applicable local buildin,q permits and inspections. No member of the Board shall have the power to initiate such proceedin,qs. (b) A code enforcement officer who finds a violation of this Ordinance has the authority to issue a citation to an alleqed violator. A code enforcement officer may issue a separate citation for each day that a violation is found to exist beyond the date set for compliance. The citation form shall include, but not be limited to, the followinR: (1) The time and date of issuance; (2) The name and address of the person to whom the citation is issued; (4) (5) (6) The time and date of the violation; A brief description of the violation and the facts constitutinp, reasonable cause; The name of the enforcement officer; The procedure for the person to follow in order to pay a civil penalty or to contest the citation; 0 0 0~ 0~ added. passages are deleted. Underlined passages are 6 (d) (e) (f) (7) The applicable civil penalty if the person elects not to contest the citationl The alle,qed violator shall immediately cease and desist from performin,q the activity for which the citation was issued. A person who has been served with a citation shall elect either to: (1) Correct the violation and pay the civil penalty in the manner indicated on the citation; or (2) VVithin ten (10) days of receipt of the citation, exclusive of weekends and leqal holidays, request an administrative hearin.q before the Board to challenqe the issuance of the citation. Failure by the alle,qed violator to challenqe the issuance of the citation within this time period shall constitute a waiver of the alle,qed violator's ri,qht to a hearin,q. A waiver of the ri,qht to a hearin,q shall be deemed an admission of the violation and penalties may be imposed accordin.qly. 0 0 0 (a) (b) Section 1-6.8-25. Hearings; Board. Upon receipt of a timely request for an administrative hearin,ql the matter shall be set for hearin.q before the Board on the next reqularly scheduled hearinq date or as soon thereafter as possible. Upon receipt of said request for an administrative hearin.q the County shall serve a notice of hearinq to the alleqed violator, which notice shall include, but not be limited to, the followinq: (1) Place1 date and time of the hearin,q; (2) Ri.qht of alle,qed violator to be represented by an attorney; Struck thrcu~h passages are deleted. Underlined passages are added. 7 (d) (e) (h) Ri.qht of alle,qed violator to present witnesses and evidence and conduct cross-examination; and (4) A conspicuous statement reflectinq the requirements of Chapter 286, Florida Statutes, that a person decidin.q to appeal any decision of the Board will need to ensure that a verbatim record of the proceedin,qs is made. In lieu of providinq a notice of hearinq as provided above, the County may include a hearin.q date in the citation that will be scheduled if the alle,qed violator requests an administrative hearin.q, provided that the citation includes the information required by this subsection. No hearin.q shall be scheduled on a date sooner than ten {10) days from the date of service of the citation on the alle,qed violator unless there is reason to believe that a violation presents a serious threat to the public health, safety or welfare. All hearinqs shall be administratively scheduled by the Community Development Director or his desiqnee. All hearin.qs shall be open to the public. All testimony shall be under oath, minutes shall be taken, and the proceedin,qs shall be recorded. The County shall provide clerical and administrative personnel ag may be necessary for the Board. The County Administrator shall desiqnate such necessary personnel. Each case before the Board shall be presented by the personnel desi,qnated by the county administrator and/or the county attorney. Formal rules of evidence shall not apply, but fundamental principles of due process shall be observed and ,qovern the proceedings. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct to their affairs shall be admissible whether or not such evidence would be admissible in a State of Florida court. Each party shall have the ri,qht to call and examine witnesses, to introduce exhibits, and to cross-examine opposin.q witnesses on any relevant matter, to submit rebuttal evidence, and to have subpoenas issued in his/her behalf by the Board. Lack of a state certificate, state certification or state reqistration may be established by confirmin.q with the State of Florida, Department of Professional Re,qulation, that the named violator does not hold a state 0 0 0 ~) O~ °~ .... ~' ~ ..... ~ passages are deleted. Underlined passages are added. 8 (m) (n) (o) certificate/certification/registration. An ori.qinal or certified copy of a written statement from the custodian of the records of the St. Lucie County Contractor Licensinq Division that he or she contacted the State of Florida, Department of Professional Re,qulation, and confirmed no record of certification or reqistration exists for the named violator shall be admissible into evidence and sufficient to establish the presumption that the alle~qed violator is not a state certified contractor. The alleRed violator has the ri,qht to present evidence to overcome this presumption. Lack of a county certificate or county certification may be established by confirmin,q with the St. Lucie County Code Compliance Division, that the named violator does not hold a county certificate/certification. An ori.qinal or certified copy of a written statement from the custodian of records of the St. Lucie County Code Compliance Division that he or she has reviewed the records of the Code Compliance Division and confirmed that no record of county certification exists for the alle,qed violator shall be admissible into evidence and sufficient to establish the presumption that the alle.qed violator is not a county certified contractor. The alle,qed violator has the ri,qht to present evidence to overcome this presumption. The Board shall make findinqs of fact based on evidence presented. In order to make a findin,q affirmin,q the code enforcement officer's decision to issue the citation, the Board must find by a preponderance of the evidence that the alleqed violator was responsible for the violation of the relevant code provision as cited. If the alle.qed violator is found ,quilt¥ of the violation and subiect to the appropriate penalty, the violator may also be held liable for the reasonable costs of the administrative hearin.q, at the discretion of the Board. If the Board finds that a violation exists, the Board may order the violator to pay a civil penalty of not less than the amount set forth on the citation, but not more than One Thousand Dollars ($1,000.00) per day for each violation. In determinin.q the amount of the civil penalty, the Board shall consider the ,qravity of the violation, any actions taken by the violator to correct the violation and any previous violations committed by the violator. Upon written notification by the code enforcement officer that an alleqed violator had not contested the citation or paid the civil penalty within the time frame allowed on the citation, or if a violation has not been corrected within the time frame set forth on the notice of violation, the Board shall enter an order orderin,q the violator to pay the civil penalty set forth on the citation or notice of violation and a hearin,q shall not be necessary for the 0 0 0 O~ O~ °~ .... " ~ ..... ~ passages are deleted. Underlined passages are added. 9 (p) issuance of such order. The Board shall have the power to: ('2) (3) (4) (5) (6) (7) (8) (9) Take testimony under oath; Adopt rules for the conduct of its hearing; Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county. Subpoena evidence to its hearings. Issue orders havinq the force of law to command whatever steps are necessary to bring a violation into compliances. Determine whether cited violations occurred; Determine whether a reasonable time period for compliance was given; Assess and order the payment of civil penalties and administrative costs as provided under this chapter; and Impose liens as provided herein. Section 1-6.8-26. Collection and recovery of civil penaNes. (a) The county shall provide for the appropriate guidelines and procedures for the administration, collection, record keeping, reportinR, and accountability of penalties assessed under this article ~ The county may institute proceedin.qs in a court of competent jurisdiction tn compel payment of civil penalties. (c) ^ certified copy of an order imposing a civil penalty may be recorded in the public records and thereafter shall constitute a lien against the real and personal property of the violator. The order may be enforced in the same 0 0 0 0~ 0~ 0~ °~ .... '- through passages are deleted. Underlined passages are added. 10 (d) manner as a court iud,qment by the sheriffs of this state, includin,q levy aRainst the personal property, but shall not be deemed to be a court iud.qment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the county may foreclose or otherwise execute on the lien. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. Monies collected pursuant to this ordinance shall be used to supplement future code enforcement activities related to unlicensed contractors. Section 1-6.8-27. Appellate review. The violator or the county may appeal a decision of the Board by certiorari to the Circuit Court of the Nineteenth Judicial Circuit within thirty (30) days of the date of rendition of the decision of the Board as provided by Rule 1.630 of the Florida Rules of Civil Procedure. 0 0 0 0~ 0~ Section 1-6.8-28. Provisions contained herein are supplemental. Nothing contained in this Ordinance shall prohibit the county from enforcing th~, provisions of this Ordinance by any other means. Section 1-6.8-29. Schedule of Civil Penalties in Citations. The St. Lucie County Board of County Commissioners hereby adopts the schedule of civil penalties, as set out below, to be cited by code enforcement officers in citations issued to alleqed violators. This schedule of civil penalties may be amended by Struck ~,,~-~,,~ passages are deleted. Underlined passages added. 11 are Resolution, from time to time, as the Board of County Commissioners sees fit The followinq table sets forth the code violations and applicable civil penalties which shall be cited by code enforcement officers under this Ordinance. The descriptions of violations are provided for purposes of ,qeneral identification only. Where specific code provisions apply, the same are indicated following the respective violation description. SCHEDULE OF CIVIL PENALTIES VIOLATION CIVIL PENALTY First Repeat Violation Violation Falsely hold himself or herself or a business or,qanization out as a licensee, certificate holder or re,q strant. Falsely impersonate a certificate holder or re,qistrant. Falsely present himself or herself as a certified or reqistered contractor under another person's certificate or re,qistration. Give false or forqed evidence to the board or a member thereof for the purpose of obtaininq a certificate or re,q stration. Use or attempt to use a certificate or re,qistration which has been suspended or revoked. $250.00 $500.00 $250.00 $500.00 $250.00 $500.00 $250.00 $500.00 $250.00 $500.00 0 0 added. ~=-..~-=,,= passages are deleted. 12 Underlined passages are 10. 11. 12. 13. En~aae on the business or act in the capacity of a contractor without bein,q duly registered or certified. Advertise himself or herself or a business or,qanization as available to en~a(~e in the business or act in the capacity of a contractor without bein,q duly re,qistered or certified. Operate a business orqanization en,qa.qed in contractinq after sixty ('60) days followin.q the termination of its only qualifyin,q a.qent without desi,qnatin,q another primary qualifyin,q aRent. Proceedinq on any job without first obtainin,q applicable local buildin,q permits and inspections. Act as a subcontractor without bein,q certified or reqistered. Act in the capacity of a contractor or advertise himself or herself or a business or,qanization as available to enaa(~e in the business or act in the capacity of a contractor without an occupational license. Conceal or cause to be concealed, or assist in concealin,q from the primary ciualifvin~ anent any material activities or information about the contracting firm. Exclude or facilitate the exclusion of any aspect of the contractinq firm's financial or other business activities from the primary qualifyin.q agent $250.00 $250.00 $250.00 $150.00 $250.00 $100.00 $250.00 $250.00 $500.00 $500.00 $500.00 $300.00 $500.00 $200.00 $500.00 $500.00 0 0 0~ added. ...... ~., passages are deleted. 13 Underlined passages are 14. Knowin,ql¥ cause any part of the contractin.q firm's activities, financial or otherwise, to be conducted without the primary qualifyin.cl a.clent's supervision. $250.00 $500.00 15. Assist or participate with any qualifyinR a.qent in the violation of any provision of this chapter. $100.00 $200.00 16. Commencement and/or performance of any work for which a buildinq permit is required without such buildinq permit bein.q current. 75.00 $150.00 17. Continuin.q or proceedinq on any iob $250.00 $500.00 after the postin.q of a STOP WORK ORDER. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislative applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 0~ 0 0 O~ 0 Struck ~=~..~-~,,~ passages are deleted. Underlined passages are added. 14 PART D. INCORPORATION IN CODE. It is the intention of the St. Lucie County Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the St. Lucie County Code. Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "section", "article", or other appropriate word or phrase in order to accomplish such intentions. PART E. INTERLOCAL AGREEMENTS WITH MUNICIPALITIES. The Board of County Commissioners of St. Lucie County may enter into interlocal agreements with any municipality within St. Lucie County so that the municipality may by ordinance, resolution, policy, or administrative order authorize appropriate persons to enforce this Ordinance. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE. This ordinance shall become effective on January 1, 1995. PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Denny Green Vice Chairman Ken Sattler Commissioner Havert L. Fenn AYE AYE ABSENT 0 0 °~ .... " through passages are deleted. added. 15 Underlined passages are Commissioner Gary Charles, Sr. AYE Commissioner Cliff []arnes 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 [] through I shall not be codified. PASSED AND DULY ADOPTED this 20th day of December 1994. ATTEST: BOARD OF COUNTY COM ~It~.~IONERS ~ ST. LUCIE COUNTY, FLORIDA ~HAIRMAN ¥' .. 0 0 0 O~ STATE OF FLORIDA ' ST, LUCIE COUNTY THIS IS TO CERTIFY THAT THIS I$ A TRUE AND CORRECT COPy OF THE ORIGINAL. JoANNE HOLM. AN, CLERK - Deputy Clerk . APPROVED AS TO FORM AND CORRECTNESS: · ...... ~,, passages are added. deleted. 16 Underlined passages are ,JoAnne Holman, Ci~-k of the Circuit Court - S Lucie County File Number: l~ 35682 OR BOOK O9~8 PAGE 2244 Recorded: 07-01-94 11:57 A.M. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~29 30 31 32 33 34 35 36 38 39 40 41 42 43 45 46 47 48 49 50 51 ORDINANCE NO. 94 - 015 FIL~ NO: PA-93-001 AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING AMENDMENTS TO THE FUTURE LAND USE MAPS OF THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Pine Summit Development Inc., presented a petition for a change in Future Land Use Classification from COM (Commercial) to RU (Residential, Urban - 5 du/ac); On September 23, 1993 the St. Lucie County Local Planning Agency held a public hearing on the petition, after publishing notice at least 15 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and has recommended that this Board approve the hereinafter described request for a change in Future Land Use Classification from COM (Commercial) to RU (Residential, Urban - 5 du/ac) for the property described in Part A below; On October 26, 1993, this Board held a public hearing on the petition, after publishing notice at least 15 days prior to the hearing and notifying by mail the owners of property within 500 feet of the subject property. On October 26, 1993 this Board, through Resolution No. 93-194, authorized the transmittal of this petition to the Florida Department of Community Affairs for further agency review in accordance with the provisions of Chapter 163, Florida Statutes; and OR BOOK O908 PAGE 2245 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 On November 23, 1993 this Board, through Resolution No. 93-251, amended the legal description within Resolution No. 93-194 approving transmittal of the proposed amendment to the St. Lucie County Comprehensive Plan for a Change in Future Land Use Designation. On May 3, 1994 this Board held a public hearing on the petition, after publishing a notice of such hearing in the Port St. Lucie News on April 13, 1994 and notifying by mail all owners of property within 500 feet of the subject property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A_~. CHANGE IN FUTURE LAND USE CLASSIFICATION The future land use classification set forth in the St. Lucie County Comprehensive Plan for the property described as follows: SEE EXHIBIT A owned by Pine Summit Development Inc., be and the same is hereby change from COM (Commercial) to RU (Residential, Urban - 5 du/ac). B. FINDING OF CONSISTENCY This Board specifically determines that the approval of this change in the Future Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan, specifically Policies 11.1.3.6 and 11.1.3.7 of the Capital Improvements Element, which identify this approval as a Preliminary Development Order and provide for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order is issued. C. CHANGES TO THE FUTURE LAND USE MAPS The St. Lucie County Community Development Administrator is hereby authorized and directed to cause these changes to be made in the Future Land Use maps of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. .OR BOOK 0908 PAGE 2 2 4 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 D. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. E. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE This ordinance shall be applicable as stated in Paragraph A. FILING WITH THE DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIR~ The Community Development Administrator shall send a certified copy of this Ordinance to the Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE This Ordinance shall take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment in compliance in accordance with Section 163.3184(9), Florida Statutes, or until the Administration Commission issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). OR BOOK ogoP PAGE 2247 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 J. ADOPTION After motion and second, the vote on this resolution was as follows: Chairman Havert L. Fenn Vice-Chairman Denny Green Commissioner Judy Culpepper Commissioner R. Dale Trefelner Commissioner Cliff Barnes AYE AYE ABSTAINED AYE AYE PASSED AND DULY ADOPTED this 3rd day of May, 1994. SOAe~ oF COmiTY ST. LUCIE COUNTY, FLORIDA,,'.~ ~ Chai~an ~ ATTEST: APPROVED AS.TO FO~ AND aw h: wp\bcc \pinsum. ord :[: · OR BOOK 0908 ~GE 2248 EX}~B~T A !~EGAL DESCRIPTION OR BOOK O 90 8 ~AGE 2 2 4 9 DESCRIPTION Ail that portion of the following described "Parent Tract" lying West of the East line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 22, Township 36 South, Range 40 East, TOGETHER WITH That portion of the following described "Parent Tract" being in the North 1/2 of said Section 22 and lying West of the following described line; BEGINNING on the South line of the Northeast 1/4 of said Section 22, at a point 600.00 feet Northeasterly of the Easterly right-of-way line of the 120.00 foot wide right-of-way for U.S. Highway No. 1 (as measured at right angles to said right-of-way), run thence Northwesterly on a bearing parallel with U.S. Highway No. 1, a distance of 1000 feet; thence continue Northwesterly on the same bearing to the intersection of the East line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 22 and the end of the herein described line. TOGETHER WITH That portion of the following described "Parent Tract" being in the South 1/2 of Section 22 and lying within 700 feet of the 120 foot wide right-of-way for U.S. Highway No. 1; "Parent Tract" Description Parcel A parcel of land in the Northeast 1/4 of Section 22, Township 36 South, Range 40 East and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 22; thence North 89°52'00'' West along the North line of said Section 22, a distance of 1917.00 feet to the Northeast corner of the West 60.00 feet of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 22; thence South 00°10,54,, West along the East line of said West 60.00 feet of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 22, a distance of 120.00 feet to the POINT OF BEGINNING; (Continue) OR BOOK O908 PAGE 2250 thence continue South 00010,54'' West along said East line, a distance of 700.00 feet; thence South 22°12,05,, West, a distance of 160.03 feet to the Northeast corner of the South 356.00 feet of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 22; thence North 89050,24,, West along the North line of the South 356.00 feet, a distance of 494.63 feet to the East right-of-way line of U.S. Highway No. 1 (State Road No. 5) said East right-of-way being a curve concave to the East and having a radius of 1832.08 feet, a central angle of 02032'42'', a chord distance of 81.37 feet and a chord bearing of North 16°06'14'' West; thence Northerly along the arc of said curve and said East right-of-way line a distance of 81.38 feet to the Westerl~ end of a jog in said East right-of-way line; thence North 75 10'07" East, a distance of 12.00 feet to the Easterly end of said jog; said Easterly end of said jog being a point of curvature of a curve concave to the East and having a radius of 1820.08 feet, a central angle of 14052'23'', a chord distance of 471.14 feet and a chord bearing of North 07023,42'' West; thence Northerly along the arc of said curve and said East right-of-way line an arc distance of 472.47 feet to the end of said curve; thence North 00002,30,, East along said East right-of-way line, a distance of 299.77 feet to the South line of the North 120.00 feet of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 22; thence South 89052,00,, East along said South line, a distance of 628.71 feet to the POINT OF BEGINNING. Parcel 2 A parcel of land, being a part of Section 22, Township 36 South, Range 40 East and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 22; thence South 00°08,00,, West along the East line of said Section 22, a distance of 2921.03 feet to the POINT OF BEGINNING of the parcel herein described; thence North 89°51,00,, West, a distance of 1134.90 feet; thence North 27032'30'' West, parallel with the East right-of-way of U.S. Highway No. 1 (State Road No. 5), a distance of 615.02 feet; thence North 89°52'00,, West, a distance of 58.36 feet; thence North 00010'54,, East, a distance of 300.00 feet; thence North 89°52'00,, West a distance of 99.23 feet; thence North 27032,30,, West, parallel with said East right-of-way line of U.S. Highway No. 1, a distance of 109.35 feet; thence North 89052'00', West, a distance of 350.00 feet to the intersection of the said East right-of-way line of said U.S. Highway No. 1 and the West line of the East 3/4 of the Northeast 1/4 of said Section 22; (Continue) OR BOOK O 90 8 PAGE thence North 00°10'54'' East along said West line, a distance of 729.90 feet; thence North 89°50'24'' West parallel with the South line of the Northwest 1/4 of the Northeast 1/4 of said Section 22, a distance of 84.14 feet; thence North 00~10'54,, East parallel with the East line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 22, a distance of 181.00 feet; thence North 89"50,24,, West parallel with said South line a distance of 375.64 feet to a point on the East right-of-way of said U.S. Highway No. 1, said East right-of-way line being a curve concave to the East, having a radius of 1832.08 feet, a central angle of 03"18'43'', a chord distance of 105.89 feet and a chord bearing of North 19"01'57', West; thence Northerly along the arc of said curve and said East right-of-way line an arc distance of 105.90 feet to the North line of the South 356.00 feet of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 22; thence South 89°50'24'' East along said North line a distance of 494.63 feet to the Northeast corner of the South 356.00 feet of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 22; thence North 22~12'05'' East, a distance 160.03 feet; thence South 44°52,00,, East, a distance of 484.74 feet to the South line of the North 1162.76 feet of said Section 22; thence South 89"52'00'' East along said South line a distance of 278.00 feet; thence South 00"08'00"West, a distance of 117.00 feet; thence South 89°52'00,, East, a distance of 270.00 feet; thence North 00~08,00,, East, a distance of 117.00 feet; thence South 89~52,00,, East along said South line, a distance of 1026.93 feet to the East line of said Section 22; thence South 00"08,00', West along said East line a distance of 1758.27 feet to the POINT OF BEGINNING. The above described "Parent Tract" is as appears in Official Records Book 654 at Pages 1181 and 1182 of the Public Records of St. Lucie County, Florida. LESS AND EXCEPTING the following three (3) parcels: PARCEL A A parcel of land being a part of Section 22, Township 36 South, Range 40 East and being more particularly described as follows: BEGINNING at the intersection of the East right-of-way line of U.S. Highway No. 1 (State Road No. 5) and the West line of the East 3/4 of the Northeast 1/4 of said Section 22; thence North 00"10'54'' East along said West line, a distance of 729.90 feet; thence South 25°26,45,, East a distance of 809.21 feet; thence North 89"52,00,, West a distance of 350.00 feet to the POINT OF BEGINNING. OR BOOK 090 8 ~AGE 2 2 5 2 PARCEL B A parcel of land being a part of Section 22, Township 36 South, Range 40 East and being more particularly described as follows: COMMENCING at the intersection of the East right-of-way line of U.S. Highway No. 1 (State Road No. 5) and the West line of the East 3/4 of the Northeast 1/4 of said Section 22; thence North 00010'54,, East along said West line, a distance of 729.90 feet to the POINT OF BEGINNING of the parcel herein described; thence North 89050,24'' West parallel with the South line of the Northwest 1/4 of the Northeast 1/4 of said Section 22, a distance of 84.14 feet; thence North 00010,54,, East parallel with the East line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 22, a distance of 181.00 feet; thence South 89050,24'' East parallel with the South line of the Northwest 1/4 of the Northeast 1/4 of said Section 22, a distance of 84.14 feet to the West line of the East 3/4 of the Northeast 1/4 of said Section 22; thence South 00010,54,, West a distance of 181.00 feet to the POINT OF BEGINNING. PARCEL C For a Point of Reference, Commence at the intersection of the North line of Section 22, Township 36 South, Range 40 East, with the Easterly right-of-way line of U.S. Highway 1 (a 120.00 foot right-of-way); thence South 00°17,14,, East, along said Easterly right-of-way line, a distance of 120.00 feet to a point 120.00 feet south of the north line of said Section 22, said point being the Point of Beginning of the following described parcel: Thence North 89°45,13,, East, parallel with and 120.00 feet south of the north line of said Section 22, a distance of 264.00 feet to a point 264.00 feet east of the Easterly right-of-way line of U.S. Highway 1; thence South 00°17,14,, East, parallel with and 264.00 feet east of the Easterly right-of-way line of U.S. Highway 1, a distance of 330.00 feet to a point 450.00 feet south of the north line of said Section 22, said point also being on the northerly right-of-way line of that proposed 80.00 foot right-of-way for Lodgepole Drive; thence South 89°45,13,, West, parallel with and 450.00 feet south of the north line of said Section 22, and along the northerly right-of-way line of proposed Lodgepole Drive, a distance of 263.72 feet to a point on the easterly right-of-way line of U.S. Highway 1, said point being on the arc of a curve with a radius of 1850.86 feet, a radial to said point bears South 88043,09', West; thence northerly along said easterly right-of-way line, through a central angle of 00059,37'', an arc distance of 32.10 feet to a point of tangency; thence North 00°17,14,, West, continuing along said easterly right-of-way line, a distance of 297.90 feet to a point 120.00 feet south of the north line of said Section 22, and the Point of Beginning. ORDINANCE NO. 94-16 AN ORDINANCE AMENDING ORDINANCE NO. 91-04 AS TO ENTRY ROAD AND PETERS ROAD ONLY DUE TO SCRIVENER ERRORS BY 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 DELETING THE LANGUAGE ON ENTRY ROAD IN ITS ENTIRETY AND CHANGING THE LANGUAGE FOR PETERS ROAD BY PROHIBITING PARKING ON BOTH SIDES OF PETERS ROAD FROM ITS INTERSECTION OF STATE ROAD 70 (OKEECHOBEE ROAD) FOR THE ENTIRE LENGTH TO THE END OF THE EXISTING PAVEMENT; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. On January 15, 1991, the Board of County Commissioners of St. Lucie County, Florida adopted Ordinance No. 91-04 which amended Section 1-20-17 of Division i of Article II of Chapter 1-20 of the Code of Ordinances 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. No ~..~' thrcugh passages are deleted. added. -1- Underlined passages are 3. Due to scrivener errors in the descriptions of Entry Road and Peters Road, it is necessary to amend Ordinance No. 91-04 by deleting the language for Entry Road in its entirety and by changing the language for Peters Road by prohibiting parking on both sides of Peters Road from its intersection of State Road 70 (Okeechobee Road) for the entire length to the end of the existing pavement. The language for Darter Road should not be amended but should remain in full force and effect as described in Ordinance No. 91-04. 4. The Engineering Division of the Public Works Department has approved the recommendations and the St. Lucie County Sheriff's Department has concurred with the recommendations. 5. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to correct the scrivener errors in Ordinance No. 91-04 by deleting the language for Entry Road in its entirety and by prohibiting parking on both sides of Peters Road from its intersection of State Road 70 (Okeechobee Road) for the entire length to the end of the existing pavement. NOW, THERE'.ORE, BE IT ORDAINED by Commissioners of St. Lucie County, Florida: PART A. the Board of County AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERA~?~¥) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby 0 0 0 ...... ~.. passages are deleted. added. -2- Underlined passages are amended to read as follows: Section 1-20-17. Parking restricted on certain streets. (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. (b) The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," within three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road," within three hundred (300) feet on either side of the entrance to Westwood High School. "Arnold Road," the entire length of the right-of-way, from South 35th Street West to South 39th Street. "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. (2o0) 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. "Chamberlin Blvd.," (North side), from one hundred forty Struck tkrcugh passages are deleted. added. -3- Underlined passages are O 0 0 (140) feet East of its intersection with U. S. Highway #1 (S.R. 5) for a distance of three hundred (300) feet to a point four hundred forty (440) feet East of its intersection with U. S. Highway #1 (S. R. 5). "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.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way, from West 1st Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Everglades Blvd.," (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714') feet. "Flamingo Boulevard," the entire length of the right-of- way. "Glades Cut-Off Road," five hundred (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) "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. ...... ~.. passages are deleted. added. -4- Underlined passages are 0 0 0 "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. "Oleander Avenue," (East side), from West 1st Street to just South of the White School property, Monday through Friday, between the hours of 7:0 a.m. and 4:00 p.m. only. "Peters'Road," (Both sides), from its intersection w~ of State Road 70 (Okeechobee Road) for the entire lenqth to the end of the existing pavement. "Sea Oats Drive," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "Shady Lane," within one hundred (100) intersection with Beach Avenue. feet of its "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. "South 35th Street," (West side), for a distance of one hundred sixty-five (165') feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170') feet South of the Centerline of Arnold Road. "South 36th Street," the entire length of the right-of- way, from Virginia Avenue South to Arnold Road. "Tamarind Drive," the entire length of the right-of-way, from Shorewinds Drive to Flamingo Boulevard. "Tumblln Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "West 2nd Street," (North side), from Elm Avenue East to Oleander Boulevard, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," entire length of right-of-way, from Elm Avenue West to Cypress~Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. ~ .... '- tk gh p g d ..... rou assa es are eleted. added. -5- Underlined passages are t~ 0 0 0 (c) (d) "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. The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. Penalties for violation of this section shall be in accordance with State law. PART B. 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. SEV~RABILITY 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 ~. 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 Struck thrcugh passages are deleted. Underlined passages are added. --6-- 0 0 Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: PART G. Chairman Havert L. Fenn AYE Vice Chairman Denny Green AYE Commissioner Judy Culpepper AYE Commissioner R. Dale Trefelner AYE Commissioner Cliff Barnes AYE 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 ATTEST: ~3~ p.~age s are 19th day of July, 1994. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~ '-" - -- CHAIaU4A~q deleted. --7-- Underlined passages are 0 0 0 A~'~'~OV~ ~S ~0 ~O~'~D O NES 0 0 0 ~) Struck added. ~ ..... ~ passages are deleted -8- Underlined passages are JoAnne Holman, Cler~ of the Circuit Court - St Lucie County File Number: 13. 1045 OR BOOK 09~ 3 PAGE 1683 'Recorded: 09-20-94 03:59 P.M. ORDINANCE NO. 94-17 AN ORDINANCE AMENDING CHAPTER 1-13.5 "MUNICIPAL SERVICE TAXING OR BENEFIT UNITS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-13.5-11 TO DETERMINE THE AMOUNT OF SPECIAL ASSESSMENT LIEN IN DISBURSING THE PROCEEDS FROM TAX SALE DEEDS AND PROVIDING THAT NO PR~EEDS FROM TAX SALE DEEDS SHALL BE USED TO PAY ANYASSESSMENT UNLESS SUFFICIENT PROCEEDS AI~ AVAILABLE TO PAY THE ASSESSI~NT IN FU~,; FURTHER PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws provides for the creation of municipal service benefit or taxing units. 2. Section 125.01(1)(q), Florida Statutes, authorizes the Board of County Commissioners to establish municipal service taxing or benefit units for any or all of the unincorporated areas of the County. 3. public procedures set out in Chapter 1-13.5. NOW, THEREFORE, BE IT ORDAINED by Commissioners of St. Lucie County, Florida: This Board has determined that it is necessary and in the interest to amend Section 1-13.5-11 to clarify the the Board of County ~ .... " ~ ..... ~ passages are deleted. added. Underlined passages are -1- ; OR BOOK 0920 '~%GE 3.6[B4 PART A. AMENDMENT OF SECTION 1-13.5-11 (SPECIAL ASSESSMENTS; COLLECTION) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-13.5-11 (Special Assessments) of the Code of Ordinances of St. Lucie County, Florida is hereby amended to read as follows: Sec%ion 1-13.5-11. Special Assessmen%s; collec%ion. (a) Priority of lien, interest, method of payment of special assessments. Said special assessment shall be payable at the time and in the manner stipulated in the resolution providing for said improvements; and said special assessments shall remain liens, equal in dignity to the lien of all federal, state, county, district and municipal taxes, and superior in dignity to all liens, titles and claims until paid, and shall bear interest at a rate not to exceed the maximum rate permitted by law for such assessments from the earlier of (i) the date of the acceptance of said improvement(s) or (ii) such other date as may be fixed by the board and may, by the resolution aforesaid, be made payable in equal annual installments as determined by the board,if installments are allowed by the board, to which installments, if not paid when due there shall be added a penalty at the rate of one (1) per cent per month upon the due but unpaid principal portion of the installment(s), until paid; provided that said assessments may be paid without interest or additional amount at any time within thirty (30) days after (i) the improvement is completed and a motion accepting the same has been adopted by the board, or (ii) -.ruc.: through passages are deleted. Underlined passages are added. -2- , OR BOOK 0920 n~GE 1685 such other time as may be specified by the board. Said special assessment shall be payable at the St. Lucie County Finance Department or the St. Lucie County Tax Collector. Certificates of indebtedness, under subsections (c) and (d) of this section, shall not be prepared unless specifically required by the board of county commissioners for the particular project by resolution of the board of county commissioners. (b) Valid assessment to be made. If any special assessment made under the provisions of this chapter to defray part of the expense of any improvement made hereunder shall be either in whole or part vacated or set aside by the judgment of any court or the board shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected or if the board shall have omitted to make such assessment when it might have done so, the board shall take all necessary steps to cause a new assessment to be made for any improvement and against any property specially benefited by such improvement following as nearly as may be the provisions of this chapter. In case such second assessment shall be likewise invalid, the board may obtain and make other assessments until a valid assessment shall be made. (c) Certificate of indebtedness. At the termination of said thirty-day period for payment of such special assessments, the clerk of the board shall prepare separate certificates of indebtedness against each lot, parcel or tract of land for which an assessment remains unpaid; and such separate certificate of ~ .... '- tkrcu~h passages are deleted. Underlined passages are added. -3- .OR BOOK 0920 P ,GE 1686 indebtedness shall contain a description of the land together with the total amount of the assessment which shall be the amount assessed plus the cost of recordation of said certificate and recordation of satisfaction or cancellation thereof together with a statement of the general nature of the improvement for which the assessment has been made, the date thereof, the name of the fee simple owner of record and such further information pertaining thereto as the board may determine. The said certificate shall be payable to the County of St. Lucie or any proper assignee or assignees thereof. Any assignment of certificate must appear on the certificate itself and also upon the books of the County of St. Lucie for such assignment to be legal and binding. The certificate shall bear interest at a rate not greater than the maximum rate permitted by law for such assessments, as may be determined by the board and shall be payable annually from date thereof, in equal and annual installments of principal, together with interest accrued upon the principal remaining outstanding and unpaid, in equal annual installments, the number of installments, if any, to be determined by the board, provided, however, that any certificate may be paid at any time by payments of the total unpaid principal thereof together with interest computed to the date of payment. (d) Issuance of certificates of indebtedness. The certificates, when issued, shall be signed by the chairman of the board of county commissioners of St. Lucie County, or in the event of his absence or other incapacity, by the vice-chairman of said ~ .... '- tkr~u~h passages are deleted. Underlined passages are added. -4- OR BOOK 0920 PAGE 1687 board and signed by the clerk of the circuit court of St.Lucie county as said clerk, and as clerk of said board, or, in the event of his absence, by an assistant clerk. The seal of said clerk shall be affixed thereto. The signature of the chairman or vice- chairman shall be acknowledged before a notary public for the State of Florida and upon which acknowledgement of the same shall be entitled to being recorded in the office of the clerk of the circuit court of St. Lucie County, Florida. Any notary duly commissioned by the State of Florida may take and certify such acknowledgement to be made by the chairman or vice-chairman; and in this respect, the clerk or assistant clerk, if such person be a duly commissioned notary public may take and certify such acknowledgement for which the clerk or assistant clerk shall receive no compensation other than the compensation which may be paid to him in his capacity as clerk or assistant clerk. (e) Alternate method of financing improvements(s). As an alternative to issuing certificates of indebtedness as set out in subsections (c) and (d), the board may, as a means of financing improvements, (i) enter into pledge agreements with local financing institutions to pledge the revenues from the special assessments, or (ii) issue bonds, in the manner provided by ordinance, secured by the proceeds of the special assessments. (f) Default on special assessment. Failure to pay any installment of principal or interest or any part thereof when the same shall become due and payable, shall cause, without notice or Struck ~.~-~ passages are deleted. Underlined passages are added. -5- OR BOOK 0920 PAGE 1688 other proceedings, all installments of principal then remaining unpaid to be immediately due and payable, and may subject the property to which such assessment relates to foreclosure. The County of St. Lucie or the holder of the certificate may proceed to enforce the lien of such assessment as hereinafter provided or may cause the amount of such assessment to be paid from other funds or sources in the discretion of the board of county commissioners. Immediately upon default in any payment an additional lien for the cost of enforcement thereof, including court costs, abstract costs and reasonable attorneys' fees shall accrue and mature. Enforcement of such assessments may be by suit in equity brought in accordance with the Florida Rules of Civil Procedure or by any other lawful legal process or procedure then available for enforcement pursuant to the laws of the State of Florida. In any event, the final decree or judgment shall include the amount of principal remaining due and unpaid upon such assessment, together with any interest accrued thereon, and, if bonds secured by such assessment are outstanding, interest to accrue on such bonds to-the earliest date in which such bonds may be called for redemption, together with all costs including abstract fees and attorneys' fees as aforesaid. The foreclosure proceeding brought hereunder shall be prosecuted to a sale and conveyance of the property involved in said proceedings as provided by law in suits to foreclosure mortgages. added. passages are deleted. -6- Underlined passages are OR BOOK O 9 20 ~PAGE 1 6 8 9 (g) Assessment roll sufficient evidence. Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this chapter shall not affect the validity of the same where the assessment roll has been confirmed by the board. The assessment roll as finally approved and confirmed shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to the adoption of the said assessment roll were duly had, taken and performed as required by this chapter. No variance from the directions of this chapter shall be held material unless it be clearly shown that the party objecting was materially injured thereby. (h) Payments. Billing, receiving and accounting for the payment of assessments shall be the responsibility of the Clerk of the Circuit Court or the St. Lucie County Tax Collector. A record of payments and balances shall be kept for each property assessed. A tabulation of accounts shall be provided by the Clerk of the Circuit Court or the St. Lucie County Tax Collector. (i) Optional method of collecting special assessment. As an alternative method of collecting special assessments to that specified above, the board may, pursuant to the provisions of sections 197.3632 and 197.3635, Florida Statutes, as amended, use the uniform method of collecting special assessments specified in those sections. For the purposes of determining the amount of a recorded special assessment lien in disbursing the proceeds from ...... ~.. passages are deleted. Underlined passages are added. -7- OR BOOK 09 2 0 "~GE 1 6 9 0 tax sale deeds, the lien of record against any property shall be deemed to be the amount ~- -~ ..... ;- ~ ..... ~..~' .... ~ .... ~ +~ ' ~---~---------~ ..... L--.,-,~':~ ,.~....'--~ due but not yet paid increased by the amount of any interest and cost of collection if delinquent proceeds from tax sale deeds shall be used to pa,/' any assessment'. unless sufficient proceeds are available to pay the assessment in full. In the event that sufficient proceeds are not available to .pay the assessment in full, then the hiqhest bidder shall have the option to pay to the Clerk additional monies sufficient to pay the assessment in full within twenty-four (24) hours from the advertised time of the tax deed sale. 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. added. ~-...~....~.."' passages are deleted. -8- Underlined passages are OR BOOK 0920 ~AGE 1691 PA~T C. SEVEP~%BILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption of the Board of County Commissioners. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Havert L. Fenn AYE Vice Chairman Denny Green AYE Commissioner Judy Culpepper AYE Commissioner R. Dale Trefelner ABSENT Commissioner Cliff Barnes AYE PANT G. CODIFICATION. - =- passages added. are deleted. -9- Underlined passages are Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through G shall not be codified. PASSED AND DULY ENACTED this 6th day of September, 1994· ATTEST ~J~tfy-Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ..... passages are deleted added. Underlined passages are -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 26 28 29 '~ 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 ORDINANCE NO. 94-018 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY PROVIDING FOR AMENDMENT TO SECTION. 3.01.03(R)(7), CO, COMMERCIAL OFFICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION· WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. On March 14, 1991, the Board of County Commissioners adopted certain amendments to the St. Lucie County Land Development Code, through Ordinance 91-03. On May 14, 1991, the Board of County Commissioners adopted certain amendments to the St. Lucie County Land Development Code, through Ordinance 91-09. On November 7 1991, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 91-21. On June 2, 1992, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 92-17. On February 16, 1993, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 93-01. On February 16, 1993, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 93-03. Double Underline is for addition ~is for deletion ~iiii~{~ indicates recommended modifications by LPA/Planning and Zoning Commission Ordinance 94-018 Page 1 ADOPTED: 8/16/94 om · oc O~ oo 0, ~0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 8. On May 25, 1993, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 93-05. 9. On May 25, 1993, the Board of County Commissioners adopted certain additional amendments to the St. Lu¢ie County Land Development Code, through Ordinance 93-06. 10. On May 25, 1993, the Board of County Commissioners adopted certain additional amendments to the St. Lu¢ie County Land Development Code, through Ordinance 93-07. 11. On June 22, 1994, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 94-07. 12. On June 16, 1994, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News at least 15 days prior to the hearing and recommended that the proposed ordinance be approved. 13. On July 19, 1994, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News on July 12, 1994. 14. 15. On August 16, 1994, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News on August 10, 1994. 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. Lu¢ie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Double Underline is for addition ~ is for deletion Ordinance 94-018 Page 2 ADOPTEDz 8/16/94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: ******************************** CHAPTER III ZONING DISTRICTS 3.00.00 ZONING DISTRICTS 3.01.03 ZONING DISTRICTS R_. .CO 1. Purpose SUSSECTZONS A TaROUeH Q: No CHANGES _COMMERCIAL, OFFICE The purpose of this district is to provide and protect environment suitable for selected office and commercial uses, together with such other uses as may be necessary to az compatible with commercial office surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. PARAGRAPHS 2 THROUGH 6: NO CHANGES Conditional Uses _Ambulance services, road (4119) Child care services (835) Television and radio transmitting towers (999) PA~AGKAPH 8: NO CHANGES Double Underline is for addition ~is for deletion ~!~i~ indicates recommended modifications by LPA/Planning and Zoning Commission Ordinance 94-018 Page 3 ADOPTEDt 8/16/94 o o o 0 ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 circumstance, such holding shall not affect its applicability to any other person, property, or C' lrcumstance. 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 is hereby directed forthwith to send a certified copy .of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol Tallahassee, Florida 32304. , PART F. EFFECTIVE DATE. This ordinance shall take effect upon adoption of the Board of County Commissioners. Double Underline is for addition ' ~is for deletion ~ii~ indicates recommended modifications by LPA/Planning and Zoning Commission Ordinance 94-018 Page 4 ADOPTED: 8/16/94 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 PART ~. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Havert Fenn ABSENT Vice Chairman Denny Green AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper AYE Commissioner Cliff Barnes AYE PART H. 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 appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided however that parts B through H shall not be codified. ' ' PASSED AND DULY ENACTED this 16th day of August, 1994. ATTEST: DEPUTY CLER ~~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ; Double Underlin~ is for addition ~ is for deletion ~ii~~ indicates recommended modifications by LPA/Planning and Zoning Commission Ordinance 94-018 Page 5 ADOPTED: 8/16/94 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DJM OR94-018b H ~ \LANDEVCD APPROVED AS TO FORM AND h coR c .ss: /20UNTY A Double Underline is for addition --r~is for deletion ~"<'~i~ indicates recommended modifications by LPA/Planning and Zoning Con~nission Ordinance 94-018 Page 6 ADOPTED: 8/16/94 0 ~0 ORDIN~CE NO. 94-19 AN ORDINANCEAMENDING SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CNAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON WEATHERBEE ROAD (BOTH SIDES) FROM ITS INTERSECTION OF U. S. HIGHWAY #1 EAST TO ITS INTERSECTION WITH PRESSLER LANE; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. After conducting a traffic safety study on Weatherbee Road, the Traffic Operations Section of the Road and Bridge Division of the Public Works Department has recommended that parking be prohibited on Weatherbee Road (Both Sides) from its intersection of U. S. Highway #1 East to its intersection with Pressler Lane. 3. The Engineering Division of the Public Works Department has approved the recommendation and the St. Lucie County Sheriff's Department has concurred with the recommendation. 4. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to prohibit parking on Weatherbee Road (Both Sides) from its intersection of U. S. Highway #1 East to its intersection with Pressler Lane. Struck ~ ..... ~ ...... ~.. passages are deleted. Underlined passages are added. --1-- ! ©o O, 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 1 (GENER~?.?.Y) 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 cer%ain 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. "Angle Road," within three hundred (300) feet on either side of the entrance to Westwood High School. "Arnold Road," the entire length of the right-of-way, from South 35th Street West to South 39th Street. "Atlantic Beach Boulevard," the entire length of the right-of-way, from Shorewinds Drive to its end, North Jetty. "Avenue D," within three hundred (300) feet of its intersection with Angle Road. "Avenue Q," within two hundred (200) intersection with Angle Road. feet of its "BeaCh Avenue," (East side), within one hundred (100) ...... u.. passages are deleted. added. -2- Underlined passages are 0 added. 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. "Chamberlin Blvd.," (North side), from one hundred forty (140) feet East of its intersection with U. $. Highway #1 (S.R. 5) for a distance of three hundred (300) feet to a point four hundred forty (440) feet East of its intersection with U. S. Highway #1 (S. R. 5). "Darter Court," (Both sides), from its intersection with Okeechobee Road to the East end. "Edwards Road," from Will Fee Road West to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way, from West 1st Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Everglades Blvd.," (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714') feet. "Flamingo Boulevard," the entire length of the right-of- way. "Glades Cut-Off Road," five hundred (500) feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. "Glades Cut-Off Road," within three hundred fifty (350) feet in all directions of its intersection with Midway Road. "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue ($R 68). "Midway Road," (South side) within three hundred (300) feet of its intersection with 25th Street. passages are deleted. Underlined passages are -3- 0 0 0 "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. "Oleander Avenue," (East side), from West 1st Street to just South of the White School property, Monday through Friday, between the hours of 7:0 a.m. and 4:00 p.m. only. "Peters Road," (Both sides), from its intersection of State Road 70 (Okeechobee Road) for the entire length to the end of the existing pavement. "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. "South 35th Street," (West side), for a distance of one hundred sixty-five (165') feet North of the Centerline of .Arnold Road and a distance of one hundred seventy (170') feet South of the Centerline of Arnold Road. "South 36th Street," the entire length of the right-of- way, from Virginia Avenue South to Arnold 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. "Weatherbee Road," (Both sides), from its ...... ~.. passages added. are deleted. --4-- Underlined passages are (c) (d) intersection of U. S. Hiqhway #1 East to its intersection with Pressler Lane. "West 2nd Street," (North side), from Elm Avenue East to Oleander Boulevard, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," entire length of right-of-way, from Elm Avenue West to Cypress Street, Monday through ~riday, between the hours of 7:00 a.m. and 4:00 p.m. only. "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. The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. Penalties for violation of this section shall be in accordance with State law. PART B. 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. SEV~RABILITY 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 ~ .... " ~ ..... ~ passages are deleted. Underlined passages are added. --5-- unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Havert L. Fenn AYE Vice Chairman Denny Green AYE Commissioner Judy Culpepper AYE Commissioner R. Dale Trefelner ABSENT Commissioner Cliff Barnes 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 Struck ~ ..... ~ ...... =.. passages are deleted. Underlined passages are added. --6-- renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 6th day of September, ATTEST: eOASDOF COUSTY ST. LUCIE COUNTY,' -- - ~EPUTY CLEItl~ ' ~ ' CHAIRMAN 'COUNTY ~EY 0 ...... ~.. passages added. are deleted. --7-- Underlined passages are ~e Holman, Clerk of the Circuit Court - St. Lu, °e County le ~u~ber: 1346.~ 55 OR BOOK 09 1 7 PAGE 0377 Recorded: 08-26-94 11:34 A.M. ORDINANCE NO. 94-20 AN ORDINANCE AMENDING SECTION 1-7-2 (CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES); AMENDING SECTION 1-7-3 (CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES); AND AMENDING SECTION 1-7-4 (COUNTY COURT CIVIL DIVISION CHARGES AND COSTS) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-7 (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; TO INCREASE ALL FILING FEES FOR THE LAW LIBRARY BY FIFTY (50%) PERCENT; AND FURTHER BY AMENDING SECTION 2-10-17 (LEVY OF COURT COSTS FOR SUPPORT OF LIBRARY) OF ARTICLE 'II (LAW) OF CHAPTER 2-10 (LIBRARIES) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES TO INCREASE FILING FEES UNDER SECTION 2-10-17 OF SAID CODE OF ORDINANCES BY FIFTY (50%) PERCENT TO BE CONSISTENT WITH THE INCREASES IN CHAPTER 1-7 AS DESCRIBED HEREIN; FURTHER PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On May 27, 1994, the St. Lucie County Law Library Board of Trustees recommended that the Board of County Commissioners consider increasing the filing fees by fifty (50%) percent in order to generate revenue for the law library so that it could be self- supporting. 2. This Board has determined that it is necessary and in the public interest of the~itizens of St. Lucie County, Florida, to amend Section 1-7-2, Section 1-7-3, and Section 1-7-4, of Article I of Chapter 1-7 of the St. Lucie County Code of Ordinances; and ~ .... 7, thrcugh passages are deleted. added. Underlined passages are -1- ' OR'BOOK O.91 7 PAGE O 3 7 8 further to amend Section 2-10-17 of Article II of Chapter 2-10 of the St. Lucie County Code of Ordinances; by increasing the filing fees as recommended by the St. Lucie County Law Library Board of Trustees. 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: Chapter 1-7 COURTS ARTICLE I. IN GENERAL Additional costs for law enforcement training. Section 1-7-1. 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 sh~ll be deposited in a special grant fund of the county to be used for law enforcement training expenditures by said county. added. passages are deleted. -2- Underlined passages are ~ OR ~BOOK O917 PAGE O379 PART A. AMENDMENT OF SECTION 1-7-2. CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES. Section 1-7-2 (Circuit Court - Civil Division Service Charges) is hereby amended to read as follows: Section 1-7-2. Circuit Court - Civil Division Service Charges· The party instituting any civil action, suit or proceeding in the circuit court shall pay to the clerk of the court service charges as follows: (a) For filing all civil actions (over five thousand dollars ($5,000.00): *Clerk's service charge . . Legal Aid .............. Law ~ibrary $~ State civil action fees ....................... Court facility charge ......................... State court education trust fund .............. Mediation-arbitration charge .................. 40.00 -0- 15.00 $ 8.00 $ 20.00 $ 2.50 $ 5.00 Total 50 $ 90 50 *This service charge is for up to and including five (5) defendants. If there are more than five (5) defendants, there is an additional charge of two dollars ($2.00) for each additional defendant. (b) (c) (d) 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 For filing petition for dissolution of marriage or annulment: Clerk's service charge ........................ Legal aid ..................................... Law library · $~n 00 State civil action fees ....................... Court facility charge ............ HRS fee ............... ~..~.~.~..~..~.~.~. $ 40.00 $ -0- $ 15.00 $ 8.00 $ 20.00 $ 5.00 Struck ~..~..~ passages are deleted. Underlined passages are added. -3- OR BOOK O917 PA~-~ O380 State court education trust fund .............. $ 2.50 Mediation-Arbitration charge .................. $ 5.00 Filing of Final Judgment of Dissolution of Marriage service charge ...................... $ 7.00 Displaced Homemaker Trust Fund ................ $ 5.00 Total $~nn =n $ 107 50 (e) For filing petition for modification of a final judgment of dissolution of marriage: Mediation-Arbitration charge $ 45 00 (f) For filing notice of appeal: ae Service charge to district court of appeal and state supreme court ........ $ 250.00 Service charge to clerk of the circuit court ............................ $ 75.00 Certified copy of notice of appeal for district court ....................... $ 2.00 PART B. AMENDMENT OF SECTION 1-7-3. CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES. Section 1-7-3 (Circuit Court - Probate and Guardianship Division Service Charges) is hereby amended to read as follows: Section 1-7-3. Circuit Court - Probate and Guardianship Division Service Charges. The service charges of the clerk of the circuit court for filing probate and guardianship cases are as follows: (a) For the opening of any estate of one document or more, including but not limited to petitions and orders to 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 added. passages are deleted. Underlined passages are -4- OR BgOK .O9 17 PD~ O381 Legal aid ...................................... Law library $I0 ~ ee··leeeeee·eeleeeeeeeoeeeelle e~ Court facility charge. . . Mediation-Arbitration ~2~[[[[[[[[[[. [~[. [[[[ $ --0-- $ 15. oo $ 8.00 $ 5.00 Total .................................... ~ $ 48.00 (b) Caveat: Clerk's service charge ......................... Legal aid ...................................... Law library $in nn Court facility charge .......................... Mediation-Arbitration charge ................... 15.00 --0-- 15.00 8.00 5.00 Total $~0 nn $ 43 00 (c) Petition and order to admit foreign wills, authenticated copies, exemplified copies or transcripts to record: Clerk's service charge ......................... Legal aid ...................................... Law library .............................. $!0.00 Court facility charge .......................... Mediation-Arbitration charge ................... $ 30.00 $ -0- $ 15.00 $ 8.00 $ 5.00 Total e~ nn c 58 00 (d) For disposition administration: of personal property without Clerk's service charge· Legal aid .............. ~~~~ Law library $~n 00 eeee®e®e®eeeeeeeeee~e·eeeeeoe· ~1 Court facility charge .......................... Mediation-Arbitration charge ................... $ 20.00 $ -0- $ 15.00 $ 8.00 $ 5.00 Total .................................... ~ $ 48.00 (e) Summary administration: Clerk's service charge ......................... Legal aid...~_~ ................................. Law library .............................. $!0.00 Court facility charge .......................... State court education trust fund ............... Mediation-Arbitration charge ................... 35.00 -0- ~5.00 8.00 2.50 5.00 Total $~n ~n $ 65 50 added. ~,.......,.,,.,,~...k passages are deleted. Underlined passages are -5- ~OR BOOK O917 P' 'E 0382 (f) (g) Family administration: Clerk's service charge ......................... Legal aid ...................................... Law library e~0 nn Court facility charge.. ......................... State court education trust fund ............... Mediation-Arbitration charge ................... added. $ 45.00 $ -0- $ 15. oo $ 8.00 $ 2.50 $ 5.00 Total $7n 50 $ 75 50 Formal administration guardianship, ancillary, curator- ship or conservatorship proceedings: Clerk's service charge . Legal aid ............. [[[[[[[[[~[[[[.[[[[[[[[[[ Law library ~0 nO ®eeeee®e®ee®eeeeee,..Jeeeeeee.~ ev Court facility charge .......................... State court education trust fund ............... Mediation-Arbitration charge ................... $ 75.00 $ -0- $ 15.00 $ 8.00 $ 2.50 $ 5.00 Total e~nn cn 9105 50 (h) Guardianship proceedings of person only: (i) Clerk's service charge Legal aid ............. [[[[[[[[[[[[[[[[[[[i[[[[[ Law library e~n nn -eeeeeleleeeeeeeeeeeeeeee®eee.~.~ Court facility charge .......................... Mediation-Arbitration charge ................... $ 25.00 $ -0- $ 15.00 $ 8.00 $ 5.00 Total .................................... $4q~Q $ 53.00 Veteran administration guardianship pursuant to Chapter 744, Florida Statutes: Clerk's service charge $ 25 00 eeleeeeeeee®eeeeeeeeeee~e · (j) Exemplified certificates: (k) Clerk's service charge ......................... Cover sheet .................................... Total .......................................... $ 4.00 $ 1.00 $ 5.00 Petition for determination of incompetency: Clerk's service charge ....... $ 25.00 Legal aid ............. ~ ~..~.~~..~ $ -0- passages are deleted. Underlined passages are -6- .O917 P? '~ 0383 OR BOOK PART C. Law library e~n nn $ 15 00 Court facility charge .......................... $ 8.00 Total $~ 90 $ 48 00 AMENDMENT OF SECTION 1-7-4. COUNTY COURT CIVIL DIVISION CHAROES AND COSTS. Section 1-7-4 (County Court Civil Division Charges and Costs) is hereby amended to read as follows: Section 1-7-4. Upon the county court, shall pay the County Court Civil institution of any civil the plaintiff, when filing following service charges: Division Charges and Costs. action or proceeding in his action or proceeding (a) Claims of less than one hundred dollars ($100.00): (b) (c) Filing fee.. $ 10.00 Law library $2 nn $ 3 00 State court education trust fund ............... State court cost ............................... Mediation-Arbitration charge ................... 2.50 7.00 5.00 Total ~o 50 $ 29 50 eeeeeeeeleeeeeleeeeeeeee.eeeeeeeeeee~· . Claims of one hundred dollars ($100.00) or more but less than two thousand five hundred dollars ($2,500.00): Filing fee ..................................... Legal aid ...... Law library e~ O0 State court education trust fund ............... State court cost ............. Mediation-Arbitration charge.]~]~~ Total .................................... Claims of more than two thousand five hundred ($2,500.00): $ 25.00 $ -0- $ 7.00 $ 3.00 2.50 7.00 5.00 $ 49.50 dollars added. Filing fee ..................................... $ 40.00 through passages are deleted. Underlined passages are -7- ' ~ 09 I 7 PAGr 0384 OR-BOOK Legal aid ...... Law library e~ ~ State court education trust fund ............... State court cost ............. Mediation-Arbitration charge~'.~~~ $ --0-- $ 12.00 $ 3.00 $ 2.50 $ 7.00 $ 5.00 (d) Removal of tenant (eviction): Filing fee ..................................... Legal aid ...................................... Court facility ................................. Law library e~ ~ State court education trust fund ............... State court cost ............. Mediation-Arbitration ~ge~.~...~.~~ 35.00 -0- 4.00 7.50 2.50 7.00 5.00 Total ~o :n $ 61 00 (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 fhis 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 co~s 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 ~ .... '- ~ ..... ~ passages' are deleted. Underlined passages are added. -8- '- OR BOOK 0917 P'"E 0385 board of trustees of the county law library as provided in Chapter 57-1790, Laws of Florida as amended by Chapter 71-895, Laws of Florida. Section 1-7-7. Disposition of court facility funds. Ail additional costs collected for court facilities shall be set aside by the clerk in a separate account to be used exclusively for the construction, operation and maintenance of court facilities as determined by the board of county commissioners. Section 1-7-8. ReserVed. Editor's note - Ordinance No. 86-61, Pt. A, adopted Dec. 9, 1986, specifically repealed former Sec. 1-7-8 in its entirety. Such former section pertained to additional penalty in noncriminal dispositions of traffic infractions and derived from Ord. No. 86- 21, Pt. A, enacted July 20, 1986. Section 1-7-9. Disposition of Mediation-Arbitration Fund. Ail additional costs collected for mediation-arbitration services shall be set aside by the clerk in the civil court mediation-arbitration account fund, county court mediation- arbitration account fund and the family mediation account fund, as appropriate, to be used to fund circuit civil mediation-arbitration services, county civil mediation-arbitration services and family mediation-arbitration ~rvices 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 ...... ~.. passages added. are deleted. -9- Underlined passages are OR BOOK ·0917 P~-E 0386 State Courts Administrator for deposit in the state mediation and arbitration trust fund. Section 1-7-10 - 1-7-19. Reserved. Chapter 2-10 LIBRARIES ARTICLE II LAW PART D. AMENDMENT OF SECTION 2-10-17 (LEVY OF COURT COSTS FOR SUPPORT OF LIBRARY) OF ARTICLE II (LAW) OF CHAPTER 2-10 (LIBRARIES) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES. Section 2-10-17 (Levy of court costs for support of library) of Article II (Law) of Chapter 2-10 (Libraries) of the St. Lucie County Code of Ordinances is hereby amended to read as follows: Section 2-10-17. Levy of court costs for support of library. There shall be taxed and collected by the clerk of the circuit court of St. Lucie County, Florida, the sum of ~A_ ~_~__ ,~n fifteen dollars ($15.00) as costs for each circuit civil court filing; ~A- ~-- ,~n nn~ fift ($15 00) ..... een dollars for each civil county court case filed other than summary claims;and dcl!ars ($2.00) three dollars $3.00) for each summary claim filed in the county court, in and for St. Lucie County, Florida, in addition to the costs otherwise provided by law, the whole of which sums shall be set apar_~by said clerk to be used exclusively for the purpose and maintenance of said law library. The said clerk shall turn over said funds so collected, at the end of each month, to the board of trustees herein established. Provided, however, Struck through passages are deleted. Underlined passages are added. -10- " OR'BOQK .0~917 PAGF 0387 that said board of trustees may, from time to time, as the circumstances require, determine, by resolution at any regular meeting, that the sums as hereinabove provided are not required for the proper operation and maintenance of said law library, and may direct the clerk of the circuit court of St. Lucie County to collect any lesser amount, until such time as said board, by similar resolution, may deem it necessary to collect any larger amount, not exceeding the sums set forth above. PART E. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. FILING WITH THE DEPARTMENT OF STATE. ~ .... ~' through passages are deleted. added. -11- Underlined passages are .OR' .BO.OK- 0 9 I 7 PAC' 0 3 8 8 The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART H. EFFECTIVE DATE. This ordinance shall take effect October 1, 1994. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Havert L. Fenn ABSENT Vice Chairman Denny Green AYE Commissioner Judy Culpepper ABSENT Commissioner R. Dale Trefelner AYE Commissioner Cliff Barnes AYE PART J. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts E through J shall not be codified%~~ PASSED AND DULY ENACTED this 2nd day of August,'. 1994. ATTEST: BOARD OF COUNTY cOMMIsSIONERS ST. LUCIE COUNTY, FLO~tDA CHAIRMAN Underlined passages are OR. BOOK 0917 ~ GE 0389 COUNTY added. passages are deleted. Underlined passages are -13- ;~A~ne Holman, Cler! 'f the Circuit Court File Number: 13~132 OR BOOK Recorded: 11-09-94 10:41 A.M. - St. 092,~ ~cie COunty PAGE 1 6 5 8 ORDINANCE NO. 94-25 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA T~O ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABUSHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR TROPICANA PRODUCTS, INC., 6500 GLADES CUT-OFF ROAD, FORT PIERCE, FLORIDA, AN EXPANSION OF AN EXISTING BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO TROPICANA PRODUCTS, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE OF BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT TROPICANA PRODUCTS, INC. MEETS THE DEFINITION OF AN EXPANSION OF AN EXISTING BUSINESS; PROVIDING A SEVERABIUTY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY. COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I .Short Title This Ordinance shall be known as-County Ordinance No. 94-25 "Economic Development Ad Valorem Tax Exemption - Tropicana Products, .Inc. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of all added · .-~ ~OR ]~OOK 0 9 2 8 PAGE improvements to real property of Tropicana Products, Inc., 6500 Glades Cut-off Road, Fort Pierce, Florida, which improvements are made by or for the use of an expansion of an existing business, and all tangible personal property acquired for such expansion of an existing business in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 94-95) - 100% Year 2 - 90% Year 3 - 80% Year 4 - 60% Year 5 - 40% Year 6 - 20% Year 7 - 0% No exemption shall Tropicana Products, be granted on the land on which improvements are made by Inc. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $59,941,844.21. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $0.00. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $50,314.58. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Tropicana Products, Inc. for an expansion of an existing business, shall be for six years from the date of Board adoption of this Ordinance. BOOK 0 9 2 8 Z~GE I 6 6 0 ARTICLE V Findin,q The Board of County Commissioners of St. Lucie County, Florida, finds that Tropicana Products, Inc. is an expansion of an existing business as defined by St. Lucie CountY Ordinance No. 92-24 and Section 196.012(16), Flodda Statutes. The Board reserves the right to repeal the exemption if Tropicana no longer satisfies the criteria set out above. ARTICLE VI .Severability If any section subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII .Adoption After motion and second the vote on this ordinance was as follows: Chairman Havert L. Fenn AYE Vice Chairman Denny Green AYE ~· '.~ BOOK 095~-8 GE 2k661 Commissioner R. Dale Trefelner Commissioner Judy Culpepper Commissioner Cliff Barnes AYE AYE AYE PASSED AND DULY ADOPTED this 18th day of October, 1994. ATTEST: BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND