Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1999
JoAnne Holman, Clerk of the Circuit Court - St. Lucie County File Number:l?21164 OR r ~K 1223 PAGE 27c)1 Recorded: 05-1%99 09:44 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 ORDINANCE NO. 99-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00, DEFINITIONS, TO PROVIDE FOR AMENDMENT TO THE DEFINITIONS OF PRE- EXISTING TOWERS AND PREEXISTING ANTENNAS, TELECOMMUNICATION FACILITY, TELECOMMUNICATION TOWER OR TOWER; BY AMENDING SECTION 6.00.03(B)(2), BY CORRECTING A SCRIVENERS ERROR; BY AMENDING SECTION 7.05.05, USE OF RESIDENTIAL PROPERTY FOR ACCESS BY PROVIDING CLARIFICATION OF ACCESS RESTRICTIONS; BY AMENDING SECTION 7.10.23(A), TELECOMMUNICATIONS TOWER SITING, PURPOSE, TO PROVIDE FOR CLARIFICATION AS TO THE APPLICABILITY OF THESE REGULATIONS; BY AMENDING SECTION 7.10.23(B), TELECOMMUNICATIONS TOWER SITING, GENERAL, TO PROVIDE CLARIFICATION TO THE ZONING DISTRICTS IN WHICH THESE FACILITIES MAY BE LOCATED, SUBJECT TO MEETING CERTAIN REQUIREMENTS; BY AMENDING SECTION 7.10.23(E) TELECOMMUNICATIONS TOWER SITING, AESTHETICS, TO PROVIDE STANDARDS WHERE A PROPOSED TELECOMMUNICATION TOWERS IS LOCATED IN AN INDUSTRIAL OR AGRICULTURAL ZONING DISTRICT; BY AMENDING SECTION, 7.10.23(F) TELECOMMUNICATIONS TOWER SITING, SECURITY FUND TO PROVIDE CLARIFICATION ON THE AMOUNTS AND METHOD OF REQUIRED SECURITY DEPOSITS; BY AMENDING SECTION 7.10.23 (L) SEPARATION, BY CLARIFYING THE SEPARATION STANDARDS FOR TELECOMMUNICATION TOWERS; BY AMENDING SECTION 7.10.23(M), TELECOMMUNICATION TOWERS, BUILDINGS AND EQUIPMENT STORAGE AREAS, TO CLARIFYING THE MAXIMUM PERMITTED SQUARE FOOTAGE OF SUPPORT BUILDINGS TO BE LOCATED AT A TELECOMMUNICATION TOWER SITE; BY AMENDING SECTION 7.10.23(P) PREEXISTING TELECOMMUNICATIONS TOWERS TO CLARIFY WHAT CONSTITUTES A PREEXISTING TELECOMMUNICATIONS TOWER; BY AMENDING SECTION 11.05.06(F), BY CORRECTING A SCRIVENERS ERROR; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION Ordinance #99-002e Final Under--ii--ne is ~or addition ~trikc Tkrou~k is for deletion Page 1 PRINT DATE: 04/06/99 ~ B~K i223 P~E 2792 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 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. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 March 14, 1991 91-09 - May 14, 1991 91-21 November 7, 1991 92-17 - June 2, 1992 93-01 February 16, 1993 93-03 - February 16, 1993 93-05 May 25, 1993 93-06 - May 25, 1993 93-07 May 25, 1993 94-07 - June 22, 1994 94-18 August 16, 1994 94-21 - August 16, 1994 95-01 January 10, 1995 96-10 - August 6, 1996 97-01 March 4, 1997 97-09 - October 7, 1997 97-23 September 2, 1997 98-01 - February 2, 1999 99-02 April 6, 1999 On January 21, 1999, 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 and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On February 16, 1999 this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on February 6, 1999. On March 2, 1999 this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on February 18, 1999, and continued the public hearing on this Ordinance until April 6, 1999. On April 6, 1999, this Board reconvened the public hearing on Draft Ordinance 99-002. Underline is for addition Strike T~.rou~.~. is for deletion Ordinance #99-002e Page 2 Final PRINT DATE: 04/06/99 OR BOOK 1223 ~ 2793 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and 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. THE SPECIFIC AMENDMENTS TO THE ST. LUClE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: CHAPTER II DEFINITIONS 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them· PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS: Any pe mitted isting constructed .................................. r ex tower or antenna ' '- '- ,= ,,,,, "' ' .... ..... ',y p Septembe 2 1997 w ........... b .... proper ...... rior to r , ................ t th th nc, t y~t b~n .................... auch ' TELECOMMUNICATIONS FACILITY: A facility that is used to provide one or more telecommunications services, including, without limitation, radio transmitting towers, other supporting structures, and associated facilities used to transmit telecommunications signals. An open video system is not a telecommunications facility to the extent that it only provides only video services; a cable system is not a telecommunications facility to the extent that it only provides only cable service. Underline is for addition Strike Through is for deletion Ordinance #99-002e Page 3 Final PRINT DATE: 04/06/99 ffi ~K i223 PiToE: 2?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 45 46 TELECOMMUNICATIONS TOWER OR TOWER: Any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennae intended to provide telecommunication services including lattice, monopole and guyed towers, f,.,, ' ,,tt,,,u ,-,, ,u The term includes personal wireless services , , facilities used for the provision of commercial mobile services, unlicenced wireless services (telecommunication services usinq duly authorized devices which do not require individual licences) and common carrier wireless exchange access services. For purposes of this Code :Fthe term includes radio and television transmission towers, m~croWe'v'e towers, common-cr, rrler towers, cellul~r te',ephone .................. The following shall be considered not to be a telecommunications tower: 1) 2) 3) 4_). a structure supporting a utility transmission line(s) only, and a structure up to 150 feet in height supporting a 69KV or higher voltage utility transmission line(s), and antenna(e), when located in non-residential zoning districts, and a structure supporting a amateur radio antenna only, and a structure supporting a radio, television or satellite receivinq antenna for residential uses only. 6.00.03 A. B. VEGETATION REMOVAL PERMIT REQUIRED (No Change) Unless otherwise provided in this Code, all public entities, including all departments of St. Lucie County government, shall be subject to the requirements of this Section. Public entities, however, shall not be subject to: 1. The permit application fees under Section 11.12.00 of this Code; or 2. The penalties under by Section 11.13.6'2 0__~3 of this Code. (No Change) 7.05.05 USE OF RESIDENTIAL PROPERTY FOR ACCESS No residentially zoned property, excluding arterial or major collector roadways, shall be used for driveways, ;v~.lkw~ys, or any other vehicular access purposes to any commercially or industrially zoned land except as may be provided for within the roadway system of an approved planned development project designed in accord with the provisions of Section 7.01.00, 7.02.00 or 7.03.00 of this Code. nor--, ,~o,,~,,~,,~,,y ........................ ,_,~,,~,, ,o,,,,, ,,, to ~ny,o,,,~ used for r. purpose not perrn,,~tted :,n o Underline is for addition ................. is for deletion Ordinance #99-002e Page 4 Final PRINT DATE: 04/06/99 ~ ~K 1223 P~ 2795 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 7.10.23 A. ................ A pi Ily ............. y ............... anned development with commercia or industrial zoned land must limit vehicular access for off-site in.qress and e.qress to arterial and major collector roadways. Bicycle and pedestrian facilities are exempt from these provisions to encoura.qe and allow for community linka.qes. TELECOMMUNICATIONS TOWER SITING PURPOSE. The purpose of this section is to establish regulations and requirements for the siting of wireless telecommunications towerso, ,,,-' ;s .......... too,.,.,,,,,~,,,o,, .............. u ~,,~, ~,~,o~o. All new towers or antennas in the County shall be subiect to these reflulations, except where specifically excluded. The section is intended to accomplish the followin,q: 1. Protect and promote the health, safety and general welfare of the residents of the unincorporated areas of the County; 2. Minimize potential impacts of towers upon residential areas and land uses; Encourage and promote the location of towers in non-residential areas, where the adverse impact on the community is minimal; Minimize the total number of towers throughout the community by strongly encouraging the co-location of antennas on new and pre-existing tower sites as a primary option rather than construction of additional single-use towers; Encourage and promote to users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; and, Enhance the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process. In furtherance of these goals, the County shall at all times give due consideration to the County's Comprehensive Plan, zoning maps, existing land uses, and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of towers. GENERAL. Telecommunications towers may be located as a permitted use in the "AG-5" Agricultural-5, "IL" Industrial Light, "IH" Industrial Heavy, and "U "Utility Zoning Districts subiect to the requirements of to Section 7.10.23. Telecommunications towers may be located as a conditional use, subject to the requirements of Section 7.10.23 and Section 11.07.00, in all Underline is for addition CtJika T.~rJu~k is for deletion Ordinance #99-002e Page 5 Final PRINT DATE: 04/06/99 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 remaining zoning districts. Telecommunications towers may be located as a permitted use on the same property as another use. A different existing use on the same lot or parcel that is proposed to have a telecommunications tower located on it shall not preclude the installation of that telecommunication tower if the other requirements of this section can be met. Co-location of telecommunications antennas by more than one provider on existing telecommunications towers shall take precedence over the construction of new telecommunications towers. Accordingly, each application shall include a written report certified by a professional engineer licensed to practice in the State of Florida, stating the following: An hnitial evaluation within the search area of the feasibility of sharing a tower, analyzing the: 1) 2) 3) 4) 5) 6) 7) 8) availability of towers for co-location; and structural capacity of all available towers; and radio frequency interference; and geographical service area requirements; and mechanical or electrical incompatibility; and inability or ability to locate equipment on the tower; and any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower; and any additional information requested by the County. Paragraph 4 through 7- No Change All telecommunications towers shall be enclosed by opaque security fencing eight (8) feet in height, regard ess of the zoning district in which the tower is located.. Paragraph 8 through 11 -- No Change Paragraph C & D ~ No Change AESTHETICS. All telecommunications towers shall meet the following requirements: At a tower site, the design of the buildings and related structures shall use materials, textures, screening, and landscaping that will blend them into the natural setting and surrounding building to minimize the visual impact. Towers and any accessory buildings shall retain their silver/grey factory finish or be finished or painted in stealth or neutral tone colors. Underline is fo~--addition ................. is for deletion Ordinance #99-002e Page 6 Final PRINT DATE: 04/06/99 122 27 ? 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 Except as noted in paragraph 3 and 4 below; A_all tower sites must comply with the landscaping and screening requirements of the Land Development Code. The Community Development Director shall require landscaping in excess of any written requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and non-residential land uses. All landscaping shall be properly maintained to ensure good health and viability at the expense of the owner. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside of the perimeter of the compound, except that, if the tower perimeter abuts a public or private street or road right-of-way, the minimum buffer width shall be fifteen (15) feet. Existing mature growth, not including exotics, and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. The Community Development director shall be responsible for determining if the existing native perimeter vegetation meets the intent of this Code. All areas disturbed during project construction shall be replanted with vegetation according to Section 7.09.00, of this Code. The Board of County Commissioners may consider total or partial relief from the required perimeter landscaping requirements of Paragraph 2 above, if the proposed Telecommunications Tower meets the all of the following standards and criteria: The Telecommunications Tower is located in an AG-5, AG-2.5, AG-l, IL, IH or U zoning district. The proposed Telecommunications Tower is located a minimum of 1000 feet, or the tower height, whichever is greater, from the nearest public street or road right-of- way, public park or playground, public or private school (primary or secondary educational facility ), habitable residential structure or any area zoned for residential or commercial uses. For the purpose of this paragraph this restriction shall apply to all properties regardless of political boundary. c.) the proposed Telecommunications Tower base area must be screened from view by either existing vegetation, intervening buildings, structures or other physical or made features meeting the intent of this code. It is demonstrated to the satisfaction of the Board of County Commissioners that the planting of any vegetation would result in the high probability of general plant mortality due to unacceptable soil conditions that cannot otherwise be resolved through replacement of the soil or other form of soil treatment. In considering any request for relief under the provisions of this section, the Board of County Commissioners may impose reasonable limitinq conditions associated with that relief. The provisions of this paragraph shall not apply to Telecommunications Towers or Antenna, or Antenna Arrays erected or attached to any existing telecommunications tower or existing buildinq or structure except that any support buildings or structures for the additional antenna or antenna arrays must be screened compliant with the intent of this code. Underline is for addition ............ ~.. is for deletion Ordinance #99-002e Page 7 Final PRINT DATE: 04/06/99 i223 2798 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 37 38 39 The County reserves the right to require that any new towers be designed as a camouflage tower. SECURITY FUND L. SEPARATION Every telecommunications service provider shall establish a cash security fund, bond or provide the County with an irrevocable letter of credit in the same amount, to secure the cost of removing an antenna, antenna array, or tower that has been determined to be abandoned under Section 7.10.23(P), in the event the owner fails to comply with the provisions of Section 7.10.23(P). The amount of the cash security fund~ or-letter of credit, or, bond is to be provided for ~ach towero,,o,, ..... "' ~ 0) ~,~ fi,~een thou$~r,d =,,d .................. as follows: 1_. for each commercial telecommunication tower $15,000 and the initial set of antenna or antenna array 2~ for each co-located telecommunication $1,000 providers antenna or antenna array Paragraph G through K-- No Changes The following separation requirements shall apply to all telecommunications towers for which a building permit is required: 1. Separation from off-site/designated areas: Tower separation shall be measured from the base of the tower to the lot line of the off-site and/or designated areas as specified in Table 7-40, except as otherwise provided in Table 7-40. Separation requirements for towers shall comply with the minimum standards established in Table 7-40. TABLE 7-40 From any habitable residential structure (except for accessory security residences in IL, IH and U zonin~l districts) From vacant residentially zoned land 750 feet or 100% of tower height, whichever is greater 500 feet or 100% of tower height, whichever is greater Underline is for addition Otz-ikc T.hfo=gh is for deletion Ordinance #99-002e Page 8 Final PRINT DATE: 04/06/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TABLE 7-40 From any non-residentially zoned land and accessory security residences in IL, IH and U zoning districts. 20% of tower height, zoning setback or fall radius, whichever is greater The Community Development Director may approve variances from the separation requirements to habitable residential structures, and to vacant residentially zoned land, provided that no variance shall permit a separation distance of less than 300 feet. The Community Development Director shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to him showing that: A literal interpretation of the provisions of Table 7-40 would render the applicant in violation with FCC coverage requirements. The granting of the variance will not be detrimental or injurious to surrounding properties, and will not endanger public safety. The variance is the minimum variance that will make possible reasonable use of the land, building, and structures; and The variance requested arises from a condition that is unique and peculiar to the land involved and that it is created by the conditions of this Code and not by the actions of the property owner or applicant. The Board of Adjustment may approve variances from the separation requirement to habitable residential structures of less than 300 feet, provided that the applicant meets all of the provisions of Section 7.10.23(L). Paragraph 2- No changes BUILDINGS AND EQUIPMENT STORAGE AREAS. It is recognized that each telecommunications tower will have some type of associated electronic support and equipment buildings at or near the tower. Depending on the type of tower being erected, the following general standards shall apply, in addition to the other general provisions of the code. Paragraph I & 2- No changes 3. Antennas located on towers shall comply with the following requirements: Underline is for addition 3t-zikc Thrcu~ll is for deletion Ordinance #99-002e Page 9 Final PRINT DATE: 04/06/99 1225 PAGE 2800 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 Equipment/storage facilities shall not exceed an a(~(3reaate total of 1,500 square feet in area per telecommunications tower site. Equipment/storage facilities shall comply with the minimum building setback standards of the zoning district in which they are located. This requirement may be by th ...... 'fy ..... f Adi modified e ......y C~m,muni ...... ~, ............... Board o ustment to encourage co-location. All equipment/storage facilities shall be screened in accordance with the general requirements of Section 7.09.00. Paragraph 4 -- No Changes Paragraph N & 0 -- No Changes PREEXISTING TELECOMMUNICATIONS TOWERS. Any permitted existing telecommunications tower erected beforev,,oo, ............., o,,o,,,,w ,,o,~j September 2, 1997 shall be allowed to continue usages which existed on this date. Routine maintenance of the tower and its support facilities is allowed to continue. Any existing tower that does not meet the standards of this section shall not be required to meet these standards unless and until the tower is proposed for replacement. At the time any existing telecommunications tower is proposed to be replaced or substantially improved, then the requirements of this section shall apply. Paragraph Q -- No changes 11.05.06 VEGETATION REMOVAL PERMITS F. VIOLATIONS If the Community Development Director determines that any land development activity violates the terms or conditions of an issued Vegetation Removal Permit or the provisions of this Code, the Director may issue a Stop Work Order on the development site in question and process the violation for appropriate review and enforcement in accordance with Section 11.13.62 03 of this Code. 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 Underline is for addition CtJika T.%rcu~.% is for deletion Ordinance #99-002e Page 10 Final PRINT DATE: 04/06/99 i223 A 280i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout 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 filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman John Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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. Underline is for addition ................... is for deletion Ordinance #99-002e Page 11 Final PRINT DATE: 04/06/99 · 1223 2802 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 PASSED AND DULY ATTEST: ENACTE ' ay of April, 1999 '~,";~~,-~;~-.~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~ BY: DJM 99-002e(LDCamends - disc #9) Underline is for addition ................. is for deletion Ordinance #99-002e Page 12 Final PRINT DATE: 04/06/99 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 ORDINANCE NO. 99-003 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BYAMENDING SECTION 2.00.00, DEFINITIONS, TO PROVIDE FORTHE ADDITION OF DEFINITIONS OF CONSTRUCTION AND DEMOLITION DEBRIS, LAND CLEARING DEBRIS, LAND CLEARING OPERATION, LAND CLEARING AND YARD TRASH RECYCLING OPERATION AND YARD TRASH; BY AMENDING SECTION 3.01.03(U)(7), INDUSTRIAL HEAVY ZONING DISTRICT TO ADD YARD TRASH RECYCLING OPERATIONS AS A CONDITIONAL USE; BY AMENDING SECTION 3.01.03(W)(7), UTILITIES ZONING DISTRICT TO ADD YARD TRASH RECYCLING OPERATIONS AS A CONDITIONAL USE; BY ADDING SECTION 7.10.12(C) SCRAP AND TRASH MATERIALS, TO PROVIDE FOR THE ADDITION OF LAND CLEARING AND YARD TRASH RECYCLING OPERATIONS BY PROVIDING RESTRICTIONS, STANDARDS, DESIGN REQUIREMENTS, REPORT FILING REQUIREMENTS AND ENFORCEMENT PROCEDURES; BY AMENDING SECTION 11.13.01(A) ENFORCEMENT OF CODE PROVISIONS, GENERALLY, TO ADD LAND CLEARING AND YARD TRASH RECYCLING OPERATIONS AS A ITEM TO BE ENFORCED BY ENVIRONMENTAL CONTROL HEARING BOARD; BY PROVIDING FOR CONFLICTING PROVISIONS, BY PROVIDING FOR SEVERABILITY, BY PROVIDING FOR APPLICABILITY, BY PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, BY PROVIDING FOR AN EFFECTIVE DATE, BY 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. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 Ordinance #99-003fnl Final Underline is for addition St~-ikc T.~r~u~ is for deletion Page 1 PRINT DATE: 08/17/99 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 o 93-01 February 16, 1993 93-03 - February 16, 1993 93-05 May 25, 1993 93-06 - May 25, 1993 93-07 May 25, 1993 94-07 - June 22, 1994 94-18 August 16, 1994 94-21 - August 16, 1994 95-01 January 10, 1995 96-10 - August 6, 1996 97-01 March 4, 1997 97-09 - October 7, 1997 97-23 September 2, 1997 99-01 - February 2, 1999 99-02 April 6, 1999 99-04 - August 17, 1999 99-05 July 20, 1999 99-15 - July 20, 1999 99-16 July 20, 1999 Recently the County has experienced a number of fires at land clearing and yard trash recycling operations in the unincorporated areas of St. Lucie County, the cost of which to extinguish has been in excess of $150,000. The Board has determined that the uncontrolled storage of land clearing materials does create a potential hazard to the general health and safety of the public. On May 20, 1999, 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 and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On July 6, 1999, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on June 24, 1999. On July 20, 1999 this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on July 9, 1999, and continued this public hearing until August 17, 1999. On August 17, 1999, this Board reconvened the public hearing and accepted additional public comments and testimony. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan Underline is for addition .... ~ ............ is for deletion Ordinance #99-003fnl Page 2 Final PRINT DATE: 08/17/99 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 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. THE SPECIFIC AMENDMENTS TO THE ST. LUClE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: CHAPTER II DEFINITIONS 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them. Construction and demolition debris means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition proiect or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term Construction and demolition debris also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction proiect; Effective January 1, 1997, except as provided in 2s. 403.707(13)(j). unpainted, .q Underline is for addition .... 2 ............ is for deletion Ordinance #99-003fnl Page 3 Final PRINT DATE: 08/17/99 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 nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the co-mingling of wood scraps or pallets with other solid waste; and .(_C_) De minimis amounts of other nonhazardous wastes that are qenerated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. Land Clearing Debris means uprooted or cleared vegetation resultinq from a land clearinq operation. Land Clearinq Operation means the uprooting or clearing of vegetation in connection with construction for buildings and rights-of-way, residential or industrial development, mineral operations, or the clearing of vegetation to enhance property value and aesthetics. The removal and destruction of shade trees due to storm or insect damage is included as a land clearing operation. Land Clearinq and Yard Trash Recycling Operation means those businesses that are, engaged in the recycling and processing of land clearing and yard trash debris only and as may be authorized as a specific Conditional Use under Section 7.10.12(C) of this Code. Land Clearinq and Yard Trash Recycling Operations shall not include, or apply to, the on- site disposal of land clearing and yard trash debris generated from land clearinq activities on that property, provided that any such on-site disposal is not in conflict with any applicable federal, state or local regulations. Yard Trash means vegetative matter resultinq from landscapinq maintenance and land clearing operations. 3.01.00 CHAPTER III ZONING DISTRICTS ZONING DISTRICT USE REGULATIONS Underline is for addition Ctrika Throu~l~ is for deletion Ordinance #99-003fnl Page 4 Final PRINT DATE: 08/17/99 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 3.01.03 ZONING DISTRICTS U. IH INDUSTRIAL, HEAVY 7. Conditional Uses Airport, landing and takeoff fields - general aviation. (458~) Manufacturing: (1) Paper & allied products (29) (2) Chemicals & allied products (28) (3) Petroleum refining & related products (29) (4) Stone, clay, glass & concrete products (32) (5) Primary metal industries (33) (6) Ammunition & ordinance (3~8) Natural or manufactured gas storage and distribution points. (492) Scrap~ and waste, and land clearing and yard trash recyclin.q operations meteriats - subject to the provisions of Section 7.1 0.12 (-13-). ~ Warehousing and storage services - stockyards. (999) Wholesale trade - nondurable goods: (1) Petroleum & petroleum products (999) UTILITIES Conditional Uses Airports. (458) Electric generation plants. (491) Gas production plants. Land clearing and yard trash recycling operations - subject to the provisions of Section 7.1 0.1 2. (999) Natural or manufactured gas storage and distribution points. (492) Protective functions and their related activities - Correctional institutions (9223) Solid waste disposal. (4953) Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 1 1.02.07 through 11.02.09 and Section 7.10.19 of this Code. (999) CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT LTl .q I'll © Underline is for addition ................ " is for deletion Ordinance #99-003fnl Pa~e 5 Final PRINT DATE: 08/17/99 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 STANDARDS 7.10.00 7.10.12 SUPPLEMENTAL STANDARDS SCRAP~ AND WASTE-M~'T-ERIAE~ AND RECYCLING OPERATIONS Paragraphs A and B - no change In the IH (Industrial Heavy) or U (Utility) zoning district, land clearinq and yard trash recycling operations, that are engaged in the recycling and processing of land clearing and yard trash only. may be permitted as a conditional use subject to the followinq criteria: 1. Business operations authorized under this Section shall be limited to the recycling, processing and short term storage of land clearing and yard trash only, and shall not be permitted to recycle, process or store for any period of time construction or demolition debris, except for that construction or demolition debris that may otherwise be defined as land clearing debris or yard trash. The total site area devoted to the recycling, processing and storage of and clearinq and yard trash debris shall be at least five (5} acres, but no more than 15 acres. The recycling yard, including all product receivinq areas, shall be surrounded by a fence, wall, or opaque vegetative screening eight (8) feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one entrance and one exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. If vegetative screeninq is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screeninq shall consist of a greenbelt strip at least twenty (20) feet in width adjoining all adjacent lot lines, and a Rreenbelt strip at least fifteen (15) feet in width adjoining any street line. The qreenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows of shrubs. Maintenance of the fence, wall, or opaque vegetat ve screeninq shall be the responsibility of the property owner consistent with the other provisions of this Code. All sides of each Individual debris storaqe (stockpile) areas shall be accessible by means of fire lanes. Fire lanes shall be a minimum of 1 ~ times the height of the pile, but in no case shall the fire lane be less than 20 feet in width. A minimum 100 foot wide clear space shall be provided between every two debris storaqe piles and there shall be a 100 foot wide fire lane at the end of each storage or stockpile, regard ess of overall length. Figure 7-29 depicts 1::::3 h3 Underline is for addition ............ ~.. is for deletion Ordinance #99-003fnl Page 6 Final PRINT DATE: 08/17/99 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 the general layout of the debris storage stockpile areas: The maximum length of an individual debris storage stockpile shall not exceed 500 feet. Tho, maximum width of an individual debris storage stockpile shall not exceed 100 feet. Tho, maximum height of any one storage pile shall not exceed thirty 30 feet. FIGURE 7-29 LAYOUT OF LAND CLEARING AND YARD WASTE STORAGE PILES ~ra~ Pile -e Storage Pile Sto~ Pile Slomge Pile t 100'{ Storage Pile Storage Pile J 5~ ~t (max) SIorl~e Pile Sl~ra~e Pile · 1~ Stor~e Pile I 8tomge Pile r i I b--forage Pile 8~r~ Pile All stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at intervals of no more than 250 feet. No portion of the stockpile yard shall be less than 200 feet from any fire hydrant. Each fire hydrant shall provide for a minimum fire flow of 750 gallons per minute, unless otherwise provided for by the St. Lucie County Fire District. An area equal to 15% of the total area occupied by the debris storage areas (stockpiles) shall be reserved for the emergency relocation of the stored materials should it be necessary for fire fi~htina purposes. This emergency storage area may not include any of the required minimum setbacks or separation corridors for the debris storaqe areas (stockpiles). This emergency storage area shall be adequately served with access to fire suppression resources, consistent with this code. The total site area that may be covered with the debris storaqe areas (stockpiles), excluding the emergency stockpile area, shall not exceed 60% of the qross area of the proiect site. .q --,1 Underline is for addition Strike Tkrougl. is for deletion Ordinance #99-003fnl Page 7 Final PRINT DATE: 08/17/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 10. 11. .12. 13. Individual stockpiles shall be located at least one hundred (100) feet from any brush or trcc line and shall be no closer than fifty (50) feet to any property line or street right-of-way line The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized surface that is acceptable to tho. County The access aisles between the stock piles must be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized surface that is acceptable to the County. All materials received into the recycling yard shall be rotated through the recycling yard within 12 months of its acceptance and deposition in the recycling yard All land clearing and yard trash recycling operations shall submit as part of the application for Conditional Use permit a copy of Fire Prevention Plan for the specific recycling operations that has been approved by the St. Lucie County Fire District, Fire Prevention Bureau. This fire prevention plan shall, at a minimum, address all requirements and recommendations of NFPA 46, Recommended Safe Practice for Storaqe of Forest Products, unless otherwise restricted further by this Code All land clearing and yard trash recycling operations shall submit to an annual fire prevention inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire District, Fire Prevention Bureau. ,All stockpiles shall be constructed and located so as to afford the opportunity to measure the internal temperatures of the land clearinq materials in the stockpile in order to monitor fire hazard. All vehicles used on the stockpile shall be of a type that minimizes the compaction of the stockpile. Regard ess of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for Conditional Use. The application for Conditional Use shall not be considered complete until all minimum site plan criteria have been determined to be met. Every land clearinq and yard trash recycling operation, authorized under this section, shall establish a cash security fund, bond or provide the County with an irrevocable letter of credit based on the schedule below, to secure the cost of removinq of all accumulated land clearinrl and yard trash debris from the site if it has been determined by the County Commission, followinq a duly noticed public hearing, that the land clearing and yard trash recycling operation has been abandoned or recycling operations have ceased for period in excess of six months, or of the Conditional Use Permit is revoked for any reason. The provisions of this paragraph shall not apply to any land clearing and yard trash recycling operation operated by any unit of local government within the County. FT'I -,3 h,3 Underline is for addition Strike Tkrougl. is for deletion Ordinance #99-003fnl Page 8 Final PRINT DATE: 08/17/99 4 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 Storage Yard Size Required Security 5 to 7.5 acres $ 50,000 7.5 to 12.5 acres $100,000 12.5 to 15 acres $150,000 16. Any lawfully, existing land clearing and yard trash recycling operation as of August 17, 1999, shall conform to the above described standards no later than January 1,2001. In the event that any existing land clearinq and yard trash recycling operation fails to meet the requirements of this section, the County shall pursue all available remedies to compel compliance with the provisions of this section and any other applicable provision of this code. The Environmental Control Hearing Board, shall be the responsible enforcement board assuring compliance with the provisions of this section and related sections within this Code. If the Environmental Control Officer, in consultation with the Community Development Director and the County Health Director, determines that the Environmental Control Hearing Board process would be an inadequate response to a given violation(s), the Environmental Control Officer may institute appropriate proceedings in a court of competent jurisdiction for prosecution of the violation(s) as provided by law. In the event that St. Lucie County is declared a federal disaster area followinq or as a result of either hurricane or freeze damage, the County Commission may suspend any or all of the standards above for the duration of the declared emergency in order to facilitate the removal of vegetative debris. 11.13.00 11.13.01 A. AUTHORITY 1. ENFORCEMENT OF CODE PROVISIONS GENERALLY Enforcement by Environmental Control Hearing Board Enforcement proceedings with respect to the following provisions shall be in accordance with Section 11.13.02: Wellfleld Protection (Sections 6.03.00 and 11.05.10) Wastewater and Sewage Disposal Compliance (Sections 7.08.03 and 11.05.09) Wetlands Protection (Section 6.02.03) m Under--li--n~ ~ f or --additiOn Stzikc T,h~u~l, is for deletion Ordinance #99-003fnl Page 9 Final PRINT DATE: 08/17/99 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 Native Upland Habitat Protection (Section 6.04.01) Land clearinR and yard trash recyclin.q operations (7.10.12(c)) Standard Housing Code (Section 13.08.00) All other codes, statutes, rules, regulations adopted by reference hereunder pursuant to Section 11.13.02(L). Enforcement proceedings with respect to all provisions of this Code, except those listed in paragraph 1 above shall be in accordance with Section 11.13.03. 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 circumstance. 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 filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: .q m Underline is for addition Ctrikc Throu~l. is for deletion Ordinance #99-003fnl Page 10 Final PRINT DATE: 08/17/99 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 Chairman Paula A. Lewis Vice Chairman John Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 17th day of August, 1999 ATTEST: D EP"O'I"~ CLERK..,.r.~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DJM 99-003fnl(LDCamends - disc #12) .q 0%, Underline is for addison ~trikc Tkro-~fik is for deletion Ordinance #99-003fnl Page 11 Final PRINT DATE: 08/17/99 JoAnne Holman, Clerk of the Circuit Court - St. Lucie County File Number:1'760654 OR BOOK 1258 PAGE 2'7'80 Recorded: 10-29-99 09:11 A.N. 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 35 36 37 38 f39 40 41 ORDINANCE NO. 99-004 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BYAMENDING SECTION 2.00.00, DEFINITIONS, TO PROVIDE FOR THE ADDITION OF A DEFINITION OF THE TERM CONTIGUOUS; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993 93-03 - February 16, 1993 93-05 May 25, 1993 93-06 - May 25, 1993 93-07 May 25, 1993 94-07 - June 22, 1994 94-18 August 16, 1994 94-21 - August 16, 1994 95-01 January 10, 1995 96-10 - August 6, 1996 97-01 March 4, 1997 97-09 - October 7, 1997 97-23 September 2, 1997 99-01 February 2, 1999 99-02 - April 6, 1999 99-03 August 17, 1999 99-05 - July 20, 1999 99-15 July 20, 1999 99-16 - July 20, 1999 On May 20, 1999, 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 and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. Underline is for addition Strika T~.rc~u~h is for deletion Ordinance #99-004fnl Page 1 Final PRINT DATE: 08/17/99 OR BOOK i-~58 PAGE 2781 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 On July 6, 1999 this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on June 24, 1999. On August 17, 1999 this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on August 5, 1999. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and 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. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: CHAPTER II DEFINITIONS 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them. CONTIGUOUS Means abuttinq, touchinq, the sharinq of a common border at one or more points of intersection. Underline is for a~dition ................ is for deletion Ordinance #99-004fnl Final Page 2 PRINT DATE: 08/17/99 OR BOOK i- 58 PAGE 2782 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 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 circumstance. 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 filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis AYE for ~ddit~on is for deletion Ordinance #99-004fnl Pa~e 3 Final PRINT DATE: 08/17/99 OR BOOK i258 PAGE 2785 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 Vice Chairman John Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 17th day of August, 1999. ATTEST: DJM 99-004fnl(LDCamends - disc #11 ) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA // / . ?~ ~ AT~/~Y Underline is for addition .... ~ ........... is for deletion Ordinance #99-004fnl Pa~e 4 Final PRINT DATE: 08/17/99 JoCinne HolIan, Clerk of the Circ.._i: Court - St. Lucie County File ~er:l?4OOiB $ ~K 1240 P~ 2102 ~cor~: ~-03-~ 10:~ ~.H. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ORDINANCE NO. 99-005 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.23 (L) SEPARATION, BY AMENDING THE METHOD FOR WHICH VARIANCES MAY BE APPLIED FOR FROM THE SEPARATION STANDARDS FOR TELECOMMUNICATION TOWERS AND HABITABLE RESIDENTIAL STRUCTURES AND RESIDENTIAL ZONED LAND; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 March 14, 1991 91-09 - May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993 93-03 - February 16, 1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 97-23 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 On May 20, 1999, 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 and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. Ordinance #99-005fnl Final Underline is for addition ~ is for deletion Page 1 PRINT DATE: 07/20/99 ~BOOK 12~0 P~ 2105 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 On July 6, 1999, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on June 25, 1999. On July 20, 1999, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on July 9, 1999. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and 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. THE SPECIFIC AMENDMENTS TO THE ST. LUClE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: 7.10.23 TELECOMMUNICATIONS TOWER SITING L. SEPARATION The following separation requirements shall apply to all telecommunications towers for which a building permit is required' 1. Separation from off-site/designated areas: Paragraphs A and B - no change "' ' may The Board of Adjustment Com,mun~ty De'v'elopment ,.,,,~,..,.,, approve variances from the separation requirements to habitable residential structures, and to vacant residentially zoned land, provided Underline is for addition ............. =., is for deletion Ordinance #99-005fnl Page 2 Final PRINT DATE: 07/20/99 OR~K 1240 P~ 2104 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 that no variance shall permit a separation distance of less than 300 500 feet or 50% of the tower height, whichever is greater feet The Board of Adjustment Co,m,~unlly Developn~ent Direclor shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to him them showing that: A literal interpretation of the provisions of Table 7-40 would render the applicant in violation with FCC coverage requirements. The granting of the variance will not be detrimental or injurious to surrounding properties, and will not endanger public safety. The variance is the minimum variance that will make possible reasonable use of the land, building, and structures; and The variance requested arises from a condition that is unique and peculiar to the land involved and that it is created by the conditions of this Code and not by the actions of the property owner or applicant. The above standards of review are in addition to those general standards set out in Section 10.01.02 of this Code. 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. Underline is for addition ............. ~.. is for deletion Ordinance #99-005fnl Page 3 Final PRINT DATE: 07/20/99 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 PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout 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 filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman John Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson AYE AYE ABSENT AYE AYE Underline is for addition ................... is for deletion Ordinance #99-005fnl Page 4 Final PRINT DATE: 07/20/99 P~ 2106 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 PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 20th day of July, 1999 ' -~EPUTY CLERK d~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: APPROVED AS TO FORM AND CORRECTNESS: COUNTY DJM 99-005fnl(LDCamends - disc #11) ~rdinance #99-005fnl Final Underline is for addition St~-ikc T.~ro-&~l~ is for deletion b[fl~E ~I O~ O~ BOOI< T~O Pa~e 5 PRINT DATE: 07/20/99 ORDINANCE NO. 99-09 AN ORDINANCE AMEND ING SE C T I ON 1 - 7 - 1 (ADDITIONAL COSTS FOR LAW ENFORCEMENT TRAINING) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-7 (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; TO INCLUDE AN ASSESSMENT OF TWO DOLLARS FOR NON-CRIMINAL INFRACTIONS; 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; 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 ALL FILING FEES UNDER SECTION 2-10-17 OF SAID CODE OF ORDINANCES 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. Effective July 1, 1998 a two dollar court cost must be assessed for non-criminal infractions, pursuant to 938.15, Florida Statutes. o~=u~ ~l=uu~ passages are deleted. added. r~ passages are 2. The St. Lucie County Law Library Board of Trustees has recommended that the Board of County Commissioners consider increasing the current law library filing fees. These increases are needed in order to generate additional revenue for the law library, due to the increases in computer costs and the anticipated increases of ten to fifteen percent a year over the next few years by the publishing companies. 3. This Board has determined that it is necessary and in the best interest of the citizens of St. Lucie County, Florida, to amend Section 1-7-1 of Article I of Chapter 1-7 of the St. Lucie County Code of Ordinances to include a two dollar assessment for non criminal infractions and 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 by increasing the filing fees as recommended by the St. Lucie County Law Library Board of Trustees, and 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 to be consistent with the increases in Chapter 1-7 as described herein. 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: o 0 Struck through passages are deleted. added. Underlined passages are Chapter 1-7 COURTS ARTICLE I. IN GENERAL PART A. AMENDMENT OF SECTION 1-7-1. ADDITIONAL COSTS FOR LAW ENFORCEMENT TRAINING. Section 1-7-1 (Additional costs for law enforcement training is hereby amended to read as follows: Section 1-7-1. A~ditional costs for law enforcement training. Every court in the country, created by Article V of the State Constitution shall assess two dollars ($2.00) pursuant to Section 938.15, Florida Statutes, in addition to the ~ three dollars ~.v~) ($3.00) assessed by Section ~.25~) 938,01(1), 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 or non-criminal infraction. However, no such assessment shall be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles. All such costs collected by the aforesaid courts shall be deposited in a special grant fund of the county to be used for law enforcement training expenditures by said county. PART B. AMENDMENT OF SECTION 1-7-2. DIVISION SERVICE CHARGES. CIRCUIT COURT - CIVIL ~=~ =~=~u~h passages are deleted. added. Underlined passages are. Section 1-7-2 (Circuit Court - Civil Division Service Charges) is hereby amended to read as follows: Section 1-7-2. Circuit Court - Civil Division Service Charges. The party instituting any civil action, suit or proceeding in the circuit court shall pay to the clerk of the court service charges as follows: (a) For filing all civil actions (over five thousand dollars ($5,000.00): *Clerk's service charge ....................... $ 40.00 Legal Aid ..................................... $ 10.00 Law library ............................. $I$.00 $ 30.00 State civil action fees ....................... $ 8.00 Court facility charge ......................... $ 20.00 State court education trust fund .............. $ 2.50 Mediation-arbitration charge .................. $ 5.00 Total ................................... ~00.S0 $115.50 *This service charge is for up to and including five (5) defendants. If there are more than five (5) defendants, there is an additional charge of two dollars ($2.00) for each additional defendant. (b) Additional charge for proceeding of ~= u~uu~h passages are deleted. added. Underlined passages are garnishment, attachment, replevin, and distress ...................................... $ (c) Additional charge to be paid by the party seeking each severance that is granted ........ $ 10.00 (d) For filing petition for dissolution of marriage or annulment: Clerk's service charge ........................ $ 40.00 Legal aid ..................................... $ 10.00 Law library ............................. $15.00 $ 30.00 State civil action fees ....................... $ 8.00 Court facility charge ......................... $ 20.00 HRS fee ....................................... $ 5.00 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 .................................. ~7.~v $ 132.50 (e) For filing petition for modification of a final judgment of dissolution of marriage: 35.00 Ix,2 0', 0 Mediation-Arbitration charge .................. $ 45.00 ~==~ =~=u~ passages are deleted. added. Underlined passages are f) Legal Aid ..................................... $ Total For filing notice of appeal: a. 10.00 55.00 Service charge to district court of appeal and state supreme court ........ $ 250.00 b. Service charge to clerk of the circuit court ............................ $ 75.00 c. Certified copy of notice of appeal for district court ....................... $ 2.00 PART C. 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 ~===~= =~=u=~ passages are deleted. added. Underlined passages are (b) (c) nonresident, but not to include issuance of letters or order of summary and family administration: Clerk's service charge ......................... $ 20.00 Legal aid ...................................... $ 5.00 Law library .............................. ~5.vu~^ $ 30.00 Court facility charge .......................... $ 8.00 Mediation-Arbitration charge ................... $ 5.00 Total ................................... .$~J.vu $ 68.00 Caveat: Clerk's service charge ......................... $ 15.00 Legal aid ...................................... $ 5.00 Law library .............................. ~.~l~ 00 $ 30.00 Court facility charge .......................... $ 8.00 Mediation-Arbitration charge ................... $ 5.00 Total .................................... ^~ ~0.00 $ 63,00 Petition and order to admit foreign wills, authenticated copies, exemplified copies or transcripts to record: Clerk's service charge ......................... $ 30.00 Legal aid ...................................... $ 5.00 Law library .............................. $IS.00 $ 30.00 Court facility charge .......................... $ 8.00 Mediation-Arbitration charge ................... $ 5.00 Total .................................... $CD.OO $ 78,00 ~===~= =~=u~ passages are deleted. added. Underlined passages are (d) (e) (f) For disposition of personal property without administration: Clerk's service charge ......................... $ 20.00 Legal aid ...................................... $ 5.00 Law library .............................. ~ .... ~.u~ $ 30.00 Court facility charge .......................... $ 8.00 Mediation-Arbitration charge ................... $ 5.00 Total .................................... $.J.uo .... $ 68.00 Summary administration: Clerk's service charge ......................... $ 35.00 Legal aid ...................................... $ 5.00 Law library .............................. $IS.00 $ 30.00 Court facility charge .......................... $ 8.00 State court education trust fund ............... $ 2.50 Mediation-Arbitration charge ................... $ 5.00 Total .................................... ~ ~,~.$0 $ 85.50 Family administration: Clerk's service charge ......................... $ 45.00 Legal aid ...................................... $ 5.00 Law library .............................. $IS.00 $ 30.00 Court facility charge .......................... $ 8.00 Stzuck thzough passages are deleted. added. Underlined passages are (g (h (i State court education trust fund ............... $ 2.50 Mediation-Arbitration charge ................... $ 5.00 Total .................................... $00.50 $ 95,50 Formal administration guardianship, ancillary, curator- ship or conservatorship proceedings: Clerk's service charge ......................... $ 75.00 Legal aid ...................................... $ 5.00 Law library .............................. $15.00 $ 30.00 Court facility charge .......................... $ 8.00 State court education trust fund ............... $ 2.50 Mediation-Arbitration charge ................... $ 5.00 Total .................................. .$I~^~v.50 $]25.50 Guardianship proceedings of person only: Clerk's service charge ......................... $ 25.00 Legal aid ...................................... $ 5.00 Law library .............................. ~, ~ ~5 $ 30 00 Court facility charge .......................... $ 8.00 Mediation-Arbitration charge ................... $ 5.00 Total .................................... $$0.00 $ 73,00 Veteran administration guardianship pursuant to Chapter 744, Florida Statutes: Clerk's service charge ......................... $ 25.00 Stzuck thzough passages are deleted. added. Underlined passages are j) Exemplified certificates: Clerk's service charge ......................... $ 4.00 Cover sheet .................................... $ 1.00 Total .......................................... $ 5.00 (k) Petition for determination of incompetency: Clerk's service charge ......................... $ 25.00 Legal aid ...................................... $ 5.00 Law library .............................. ~.~ 00 $ 30.00 Court facility charge .......................... $ 8.00 Total .................................... ~ ~.00 $ 68.00 PART D. AMENDMENT OF SECTION 1-7-4. COUNTY COURT CIVIL DIVISION CHARGES AND COSTS. Section 1-7-4 (County Court Civil Division Charges and Costs) is hereby amended to read as follows: Section 1-7-4. County Court Civil Division Charges and Costs. Upon the institution of any civil action or proceeding in county court, the plaintiff, when filing his action or proceeding shall pay the following service charges: (a) Claims of less than one hundred dollars ($100.00): Filing fee ..................................... $ 10.00 Legal aid ...................................... $ 5.00 Court facility ................................. $ 2.00 Law library .............................. $ 3.00 $ 6.00 o==u~ ~,~_~, passages are deleted. added. Underlined passages are 10-- (b) (c) State court education trust fund ............... $ 2.50 State court cost ............................... $ 7.00 Mediation-Arbitration charge ................... $ 5,00 Total .................................... ~.50 $ 37,50 Claims of one hundred dollars ($100.00) or more but less than two thousand five hundred dollars ($2,500.00): Filing fee ..................................... $ 25.00 Legal aid ...................................... $ 5.00 Court facility ................................. $ 7.00 Law library ............................... $3.00 $ 6.00 State court education trust fund ............... $ 2.50 State court cost ............................... $ 7.00 Mediation-Arbitration charge ................... $ 5.00 Total ................................... ~A .~.50 $ 57.50 Claims of more than two thousand five hundred dollars ($2,500.00): Filing fee ..................................... $ 40.00 Legal aid ...................................... $ 5.00 Court facility ................................. $ 12.00 Law library .............................. $ 3.00 $ 10,00 State court education trust fund ............... $ 2.50 Struck through passages are deleted. added. Underlined passages are 11- (d) (e (f) State court cost ............................... $ 7.00 Mediation-Arbitration charge ................... $ 5,00 Total ................................... .~,~.5~v $ 81.50 Remeval of tenant (eviction): Filing fee ..................................... $ 35.00 Legal aid ...................................... $ 5.00 Ceurt facility ................................. $ 4.00 Law library ............................... $7.50 $ 15.00 State ceurt education trust fund ............... $ 2.50 State court cost ............................... $ 7.00 Mediation-Arbitration charge ................... $ 5.00 Total .................................... $66.00 $ 73.50 Additional charge for proceeding of garnishment, attachment, replevin and distress .............. $ 35.00 Notice of appeal (two (2) separate payments)*: Filing notice of inferior ceurt, county court.. $ 50.00 Filing notice to higher court, circuit court... $ 75.00 *These charges do net include service charge for certified cepy ef notice of appeal to the circuit court. Chapter 2-10 LIBRARIES* ARTICLE II. LAW* ~==~= through passages are deleted. added. Underlined passages are 12-- PART E. AMENDMENT OF SECTION 2-10-17. (LEVY OF COURT COSTS FOR SUPPORT OF LIBRARY. 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, for each case filed charqes for the St. Lucie County Law Library as s~t out in Sections 1-7-2, 1-7-3 and 1-7-4 of the Code of Ordinances of St. Lucie County, Florida, the sum of fifteen -1-~lars '~ ~' ~u~ ~.vvj as costs for each ~ court f~fteen .......... ~ ..... for ty =: ~ · coun court case ~edu~=~ ~.~--- su~Lary claims;~u ..... three uu~lars (~.O0) for each su~ary ~ ....... ~=~: .... ~n' =~=- county court, ~ and for~=~. Lucze County, F~u==~=,:-~- in addition to the cests etherwise previded by law, the whole of which sums shall be set apart 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, te the board of trustees herein established. Provided, however, that said board of trustees may, from time to time, as the circumstances require, determine, by reselutien at any regular meeting, that the sums as hereinabove previded are not required for the proper eperation and Struck through passages are deleted. added. Underlined passages are 13-- 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 F. 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 G. 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 H. 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. 0 ~==~ =l~=u=~ passages are deleted. added. Underlined passages are 14-- PART I. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Secretary of State. PART J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis AYE Vice Chairman John D. Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE PART K. 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 F through K shall not be codified. PASSED AND DULy,~D this t " 9th day of March, 1999. Struck t~hzough pA'~ages are deleted. added. 15-- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Underlined passages are COUN~. Struck ~l.~u~ passages are deleted. added. 0t5 Underlined passages are JoAnne Holman, glerk of the Circuit 13ourt - St. Lucie C, ounty File ~u~er:l'74880z~ OR ~K 1~48 PAGE 20.51 ~ord~: ~-~ ~: ~ ~'H' ORDINANCE NO. 99-10 AN ORDINANCE AMENDING CHAPTER 1-2.5 "ALARM SYSTEMS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-2.5-3 (DEFINITIONS) TO ADD ADDITIONAL DEFINITIONS; AMENDING SECTION 1-2.5-7 (EQUIPMENT) TO INCLUDE REQUIREMENTS FOR THE OPERATION AND MAINTENANCE OF ALARM SYSTEMS; AMENDING SECTION 1-2.5-8 (ALARM PERMIT - REQUIRED) TO REQUIRE A SPERATE PERMIT FOR EACH ALARM SITE AND REQUIRE THE ALARM PERMIT STICKER TO BE CONSPICUOUSLY DISPLAYED; AMENDING SECTION 1-2.5-9 (SAME - APPLICATION) TO REVISE THE INFORMATION REQUIRED ON THE APPLICATION FOR AN ALARM PERMIT; AMENDING SECTION 1-2.5-10 (SAME - TERM; FEE; NONTRANSFERABLE) TO CLARIFY THE ALARM USER'S RESPONSIBILITY TO UPDATE THE INFORMATION ON THE PERMIT APPLICATION AS NECESSARY AND SUBMIT A TIMELY APPLICATION FOR RENEWAL OF THE PERMIT; AMENDING SECTION 1-2.5-11 (SAME - ISSUANCE) TO REQUIRE THAT ALL FALSE ALARM DISPATCH CHARGES BE PAID PRIOR TO RENEWAL OF A PERMIT APPLICATION AND FURTHER PROVIDING THAT ANY VIOLATIONS RESULTING IN A SUSPENSION OR REVOCATION OF A PERMIT BE CORRECTED PRIOR TO RENEWAL OF THE PERMIT; AMENDMENT OF SECTION 1-2.5-12 (EXCESSIVE FALSE ALARM SIGNALS - GENERALLY) TO LIMIT LAW ENFORCEMENT RESPONSE IN CERTAIN INSTANCES; AMENDING SECTION 1-2.5-13 (SAME SERVICE CHARGE; COLLECTION) AMENDING THE TITLE TO "FALSE ALARM DISPATCH CHARGE; COLLECTION" AND CLARIFYING THE COLLECTION PROCESS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION WHEREAS, on November 17, 1987, the Board of County Commissioners (the "Board") adopted Ordinance No. 87-44 which created Chapter 1-2.5 "Alarm Systems" of the Code of Ordinances of St. Lucie County, Florida, to establish standards and regulate intrusion, holdup, and other emergency signals from alarm users which require police and fire response or investigation; and, 1 words are deleted. Underlined words are added. OR BOOK i248 PA~ 205~ WHEREAS, the Board has determined that it is necessary to amend Chapter 1-2.5 to clarify and strengthen the regulation of alarm systems in the County in order to better serve the residents of the County through more efficient use of police and fire services. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-2.5-3 OF CHAPTER 1-2.5 (ALARM SYSTEMS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-2.5-3 of Chapter 1-2.5 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended by amending the following definitions contained therein as follows: Section 1-2.5-3. Definitions. Alarm dispatch request means a notification to 911 central communications by the alarm business that an alarm, either manual or automatic, has been activated at a particular alarm ~ite, Alarm business means any business operated by a person for a profit whose duties include altering, installing, maintaining, ~ moving, repairing, replacing, selling, servicing, and responding to an alarm system. Alarm site means a single premises or location served by an alarm system or systems. Each tenancy served by a separate alarm system in a multi tenant building or complex sh~!l be considered a separate alarm site. Alarm user means any person who uses an alarm system at its alarm site or on whose premises an alarm system, as defined in this chapter is maintained within St. Lucie County. Conversion means the transaction or process by which one alarm business begins monitoring of an alarm system previously monitored by another alarm business, False alarm dispatch means an alarm dispatch request to a law enforcement and/or fire department, when the responding officer finds no evidence of a criminal offense or attempted criminal offense or fire after having completed a timely investigation of the alarm site. An alarm. 2 words are deleted. Underlined words are added. OR BOOk -12Z, Et PAGE 20El dispatch which is canceled by the alarm business or the alarm user prior the time the responding officer reaches the alarm site shall not be considered a false alarm dispatch. Fire department means the St. Lucie Countyff-,en't-Pieree Fire District. Fire marshal means the St. Lucie County Fire Marshal. or his designee, Monitoring means the process by which an alarm business receives signals from alarm systems and relays an alarm dispatch request to 911 central communications for the purpose of summoning police response to the alarm ~ite, Sheriff means the St. Lucie County_ Sheriff. or his designee, Takeover means the transaction or process by which an alarm user takes over control of an existing alarm system which was previously controlled by another alarm user, Tax collector means the St. Lucie County Tax Collector or her designee. Veri_~. means an attempt, by the alarm business, or its representative, to contact the alarm site and/or the designated contact person by telephone or other electronic means, whether or not actual contract with a person is made. before requesting a law enforcement and/or fire department dispatch, in an attempt to avoid an unnecessary, alarm dispatch request, PART B. AMENDMENT OF SECTION 1-2.5-7 OF CHAPTER 1-13.5 (ALARM SYSTEMS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-2.5-7 of Chapter 1-2.5 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-2.5-7. Equipment operation and maintenance. (a) Each subscriber alarm user, at his expense, is required to maintain all components of his alarm system in good working order at all times to insure that the sensory mechanism used in connection with such device is adjusted to suppress false indications of holdups or intrusions 3 words are deleted. Underlined words are added. OR BOOk i248 PAGE 205,~ or fu'e or smoke conditions so that the device will not be activated by impulses due to short flashes or light, wind, noises, vehicular noise or other forces unrelated to genuine alarms. (b) No alarm system designed to transmit emergency messages shall be tested or demonstrated without first notifying the central station, 911 central communications and the fire department. (c) Fire alarm systems shall be required to have a maintenance contract for testing and inspections in accordance wit the National Fire Protection Association (NFPA) standards: for example, smoke and/or heat detectors, manual pull stations and water flow alarms (sprinkler systems). Copies of the maintenance contract and test results of the fire alarm system shall be forwarded to the fire marshall within thirty (30) days from the date of the test. (d) The alarm user shall make every_ reasonable effort to respond or cause a representative to respond to the alarm system's location within thirty_ (30) minutes when notified by law enforcement to deactivate a malfunctioning alarm system, to provide access to th~ premises, or to provide security_ for the premises. Lc_) The alarm user shall maintain the premises and the alarm system ill a manner that will minimize or eliminate false alarm dispatches, LI) The alarm user shall not manually activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report. Lgl An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than ten (10) minutes after being activated, or fifteen (15) minutes for systems Operating under Underwriters Laboratories. Inc. standards 365 or 609. Lkl Within fifteen (15) days after the second false alarm dispatch to an alarm site in an_v one year period, the alarm user shall have a properly licensed alarm business inspect his alarm system. After the third false alarm dispatch in an_v one year ~riod. the alarm user shall have a properly licensed alarm business modify_ the alarm system to be more false alarm resistant or provide additional user training as appropriate. The alarm user shall provide written documentation to the sheriff or fire m_arshal, as appropriate, of such inspection, modification, or training within thirty (30) days of the false alarm dispatch which necessitated such service, 4 words are deleted. Underlined words are added. OR BOOK i248 PAGE 20! PART C. AMENDMENT OF SECTION 1-2.5-8 OF CHAPTER 1-2.5 (ALARM SYSTEMS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-2.5-8 of Chapter 1-2.5 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-2.5-8. Alarm permit - Required. (a) No person shall install, maintain, or operate an alarm system serving a premises or building, or portion thereof, in the unincorporated areas of the County_. unless an alarm permit in the form of a decal has been issued hereunder, and is in force, authorizing the use of such alarm. For any alarm system existing prior to the effective date of this chapter, an alarm permit application shall be made within sixty (60) days of the effective date hereof. A separate permit is required for each alarm site, (b) Any after-the-fact permit issued to persons who initially failed to obtain permit shall be issued at twice the cost of the permit fee. L~ The alarm permit sticker shall be displayed in a conspicuous location on the main entrance to the building or facility serviced by the alarm. PART D. AMENDMENT OF SECTION 1-2.5-9 OF CHAPTER 1-2.5 (ALARM SYSTEMS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-2.5-9 of Chapter 1-2.5 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1--2.5-9. Same - application. (a) Information required. Applications for alarm permits shall be made to the St. Lucie County Tax Collector on forms provided by the Tax Collector. The application shall be signed by the alarm user and shall provide the following information: (1) Name, address and telephone number of the alarm user. and. if different, the name, address and telephone number of the person responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this article. 5 words are deleted. Underlined words are added. OR BOOk 1~8 PAGE (2) (3) Address and telephone number of the alarm user's premises or building to be served by the alarm. The name, address and telephone number of the person or persons in charge of the premises or building served by the alarm. (4) (5) (6) (7) (8) 1 l..I.~,, ll~illi~,,.~ ,',UU! ~,,.,~ ail~.J. Lt.,ii,,lYllUXlb IIL{.IIIU%,X UI tllb [./t,.~1 i3~o'Zl. Ut. ~,,XXLXL.y _1./1 U v {.Ulll.4~, The classification of the alarm system as either commercial or residential. Whether the building is rented or owner occupied. For each alarm system at the alarm site. the purpose of the alarm systerrl, i.e, burglary_, hold up. duress, fire. or other. Classification of the alarm site as being equipped or non-equipped for duress alarm. Signed certification from the alarm user and the alarm business stating' A. The date of installation, conversion or takeover of the alarm system. whichever is applicable; B. The name. address, and phone number of the alarm business performing the alarm system installation, conversion or alarm system takeover and responsible for providing repair serve to the alarm system; C.~. The name. address and phone number of the alarm business monitorin~ the alarm system if different from the installing alarm business; D. That a set of written operating instructions for the alarm system includirlg written g~idelines on how to avoid false alarms, have been left with the avolicant: and. 6 words are deleted. Underlined words are added. OR BOOK 12~8 PAGE 20.5/ E. That the alarm business has trained the applicant in proper use of the alarm system, including instructions on how to avoid false alarms, (b) Amended application. An amended application shall be filed within ten (10) days after any change in the information provided in such application. Upon such amendment _Of ownership or changes in the nature of the sy~l[¢m, a new alarm permit shall be q~t-ed-wffiaout etrarge-or~t~ required. PART E. AMENDMENT OF SECTION 1-2.5-10 OF CHAPTER 1-2.5 (ALARM SYSTEMS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-2.5-10 of Chapter 1-2.5 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-2.5-10. Same - Term; fee; nontransferable. (a) An alarm permit shall have suc,h a term of ffaee-~ two (2) years from date of issuance, such term to begin October ! and end September 30. Any alarm permit issued after October 1 will be valid for the following two (2) years through September 30. (b) A ten dollars ($10.00) fee shall be charged to the alarm user by the county for each permit issued, including successive renewal permits, to defray the cost of regulation. (c) Any alarm permit issued pursuant to this chapter shall not be transferable or assignable and shall cover only one (1) building or premises. An alarm user shall inform the tax collector of an_v change that alters an_v information listed on the permit application within ten (10) Ld_) It is the responsibili .ty of the alarm user to submit a renewal application prior to the permit expiration date. Failure to renew shall be classified as use of a non-permitted alarm system and citations and penalties shall be assessed without waiver, PART F. AMENDMENT OF SECTION 1-2.5-11 OF CHAPTER 1-2.5 (ALARM SYSTEMS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-2.5-11 of Chapter 1-2.5 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: 7 words are deleted. Underlined words are added. OR K i2 8 p~ 205~ Section 1-2.5-11. Same - Issuance. An alarm permit shall be mailed to the alarm user by the tax collector at the address of the alarm user stated on the application within ten (10) days after receipt of the completed application by the tax collector. An alarm permit shall be denied if: (a) The requested information is not supplied on the application. (b) Material information on the application is incorrect. (c) Any person or entity listed on the application as responsible for the installation. maintenance and/or monitoring of the alarm system does not possess any required occupational or regulatory license to conduct such activities,,~,~,~,,~,,~'--~' by o,,~,~'- ......'- ':--- "' '~' --~ '~ unless the person or entity is the alarm user. All false alarm dispatch charges for excessive false alarms owed by the alarm user have not been paid. The alarm user had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected, PART G. AMENDMENT OF SECTION 1-2.5-12 OF CHAPTER 1-2.5 (ALARM SYSTEMS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-2.5-12 of Chapter 1-2.5 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-2.5-12. Excessive false alarm signals - Generally. (a) No person shall allow, permit, cause or fail to prevent the emission, for any reason, by any alarm used by him, or any alarm serving a premises or a building occupied and controlled by such person, of more than three (3) false alarms within any ~ one year period of time. (b) The emission of more than three (3) false alarms within any Mxn-nomh one year period of time is excessive and constitutes a serious public nuisance, and is subject to-serviee false alarm dispatch charges set out in Section 1-2.5-13. 8 words are deleted. Underlined words are added. OR BOOK i248 PAGE 20L L~ In the event an alarm system emits five (5) or more false alarms within an_v one (1) year period, law enforcement officers shall only respond to panic and/or hold-up alarms from the system until all false alarm dispatch charges pursuant to Section 1-2.5-13 for the system are paid. or otherwise resolved pursuant to Section 1-2.5-13. and until the alarm user provides written documentation to the sheriff or fire marshal, as appropriate, of inspection, modification, or training as set forth in Section 1-2.5-7(h) within thirty. (30) days of the false alarm dispatch which necessitated such service, PART H. AMENDMENT OF SECTION 1-2.5-13 OF CHAPTER 1-2.5 (ALARM SYSTEMS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-2.5-13 of Chapter 1-2.5 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-2.5-13. Same - False alarm dispatch Serviee charge; collection. (a) For response to excessive false alarms by law enforcement agencies, the alarm user shall be charged a service fee by the county of fifty-fiv~ dollars (-$50r00555.00) for the first alarm in excess of three (3) false alarms in any ~month one year period, 'se~aty-five_q~igh~ dollars ($7500580.00) for the second false alarm in excess of three (3) in any~ one year period, and one hundred five dollarst,l,~,.~,~" '~' '~' $105.00) for the third and each successive false alarm in excess of three (3) in any ~ one year period. For response to excessive false alarms by the fire department, the alarm user shall be charged a service fee by the county of one hundred ~thirty dollars (,.,..,.,,v$130.00) for the first alarm in excess of three (3) false alarms in any ~ one_vear period, one hundred fifty-five dollars ~,-o,~.~,~, J.,.~v~" ~'~ ,,,-e~<< ru~ for the second false alarm in excess of three (3) false alarms in any-six-maonth one year period, and two hundred five dollars (,.~,~,.,~,$205.00) for the third and each successive false alarm in excess of three (3) in any six-month one year period. The law enforcement executive or fire marshal shall determine whether a false alarm has occurred and the frequency of such false alarms, and the tax collector or other person designated by the board shall invoice alarm users of amounts owed to the county and shall make demand thereof, pursuant to the provision of this section. Thc,,,~,~,~,v,, -1 ---'-:-- ,,,-~ '1--,,,. ~,~,~' .... '1-- ~ .... 1-- ' .... ~ ..... Payment of such charges shall be due within ten (10~ working days of the date of receipt of the invoice. Payment shall be by money order, certified check or cash only. In the event an alarm user does not remit payment of the charge in a timely manner as provided herein, the tax collector shall notify_ the sheriff or the fire marshal, as appropriate, that the charge is past due. The sheriff or the fire 9 S,,'-uck t,;rough words are deleted. Underlined words are added. OR BOOK i248 PAGE 20~ marshal, as appropriate, shall then make an effort to collect said charge. In the event the sheriff or fn'e marshal is unable to collect said charge in a timely manner, the sheriff or fire marshal ~hall file a complaint with the County_ Code Enforcement Division regarding the alarm user's failure to pay the charge in a timely manner. Upon receipt of such complaint, the Code Enforcement Division shall initiate enforcement proceedings in accordance with Chapter 1-2. Article II of the St. Lucie County Code of Ordinances and Compiled Laws and such violations shall be subject to the penalty and enforcement provisions as therein provided in addition to the charges provided in this section. (c-) All serv/ee false alarm dispatch charges collected as the result of such enforcemellt shall only be used to offset the costs incurred in responding to false alarms. PART I. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART J. 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 K. 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. 10 ,,,,,,,~, ,,,,'- ...... -,,,r,,, words are deleted. Underlined words are added. OR OOk PAGE PART L. EFFECTIVE DATE. This ordinance shall take effect upon October 1, 1999. PART M. 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 intemion; provided, however, that Parts I through N shall not be codified. PART N. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman John D. Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioners Frannie Hutchinson AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 24th day of August, 1999. ATTEST: BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA: D~UTY CLERK ~/ // / APPROVEiAS TO FORM AND CORRE~ g:\atty\ordnance\l COUNTY AT~Y 11 words are deleted. Underline ds . _}oAnne Hoiman, Clerk of tile Clr:. File Number:lT'52862 OR BO' ,~ Recorded: 09-2B-99 08:22 A.~I. Court - St. Lucie Oounty 1--'5--' PAGE 0131 ORDINANCE NO. 99-11 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY AMENDING CHAPTER 1-2 (ADMINISTRATION) OF THE CODE OF ORDINANCES BY AMENDING SECTION 1-2-16.1 TO DELETE THE ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY FROM THE DEFINITION OF COUNTY EMPLOYEE AND BY CREATING SECTION 1-2-16.2 (FOOD AND NON-ALCOHOLIC BEVERAGE EXPENSES) TO PROVIDE FOR PAYMENT OF FOOD AND NON-ALCOHOLIC BEVERAGE EXPENSES INCURRED WHILE PROMOTING THE COMMON INTERESTS OF THE PEOPLE OF ST. LUCIE COUNTY; 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 (the "Board") adopted Ordinance No. 87-54, which created Chapter 1-2.16.1 "Longevity and special recognition awards to county employees" of the Code of Ordinances of St. Lucie County, Florida, to authorize the expenditure of county funds to purchase awards and meals for specified county employees including employees of the St. Lucie County Port and Airport Authority; and, WHEREAS, the 1998 Florida Legislation pursuant to Chapter 98-497, Laws of Florida, has abolished St. Lucie County Port and Airport Authority; and added. passages are deleted. ~1~ passages are OR BOOK i252 PAGE 01~, WHEREAS, the Board has determined that it is in the common interest of the people of St. Lucie County and serves a public purpose to further the economic welfare of St. Lucie County by allowing valid and proper expenditures of County funds for food and non-alcoholic beverage expenses; and WHEREAS, the Board has determined that it is necessary and in the public interest of the citizens of St. Lucie County, Florida to create Chapter 1-2-16.2 of the St. Lucie County Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida' Chapter 1-2 ADMINISTRATION ARTICLE I. IN GENERAL PART A. AMENDMENT OF SECTION 1-2-16.1 LONGEVITY AND SPECIAL RECOGNITION AWARDS TO COUNTY EMPLOYEES Section 1-2-16.1 of Article I of Chapter 1-2 of St. Lucie County Code of Ordinances is hereby amended to read as follows- Section 1-2-16.1 Longevity and special recognition awards to county employees. (a) Definition. The term "county employee" as used in this section shall include all employees of the following' (1) Board of County Commissioners '~L. I,-U%~I~ %..UUlILy FUlL ClIlU J-'~IIF,/%.;I L J--~ULII~JIILy (2)i~3~ St. Lucie County Mosquito Control District (3)i~4-~ St. Lucie County Erosion District ..... deleted o~u~ =.~uu~. passages are . added. ~ passages are OR BOOK i252 PAGE 0i55 Any county constitutional officer who desires to participate in the award program. (b) Expenditures from county funds. The following expenditures are deemed to constitute valid and proper county purposes for which county funds may be used' (1) The purchase and presentation of awards to county employees for longevity of service or outstanding service or achievement in connection with county employment. Such awards may include framed certificates, plaques, pins and other suitable tokens of recognition as determined by the board of county commissioners. (2) Breakfasts, luncheons, or dinners during which such awards shall be presented to the recipient county employees. (3) Breakfasts, luncheons, dinners or special events during which all county employees shall be recognized for their service to the county. PART B. CREATION OF SECTION 1-2-16.2 BEVERAGE EXPENDITURES. FOOD AND NON-ALCOHOLIC Section 1-2-16.2 of Article I of Chapter 1-2 of the St. Lucie County Code of Ordinances is hereby created to read as follows: Section 1-2-16.2. Food and non-alcoholic beverae_e ex_oense$ (a) Expenditures from County funds. The following expenditures err deemed to be in the common interest of the people of St. Lucie County, necessary for the economic welfare of St. Lucie County and constitute a valid and proper County purpose for which County funds may be used: (1) expenditures, including necessary sales tax and tips not to exceed twenty percent, for meals and non-alcoholic beverages, of persons in the interest of promoting and engendering goodwill, tO ..... deleted o~u~ =~wu~ passages are . added. L~k~k~r~l~k~passages are OR BOOK i252 PAGE oi= publicize, advertise, and promote the activities of the County, to make known the advantages, facilities, resources, pro!ects, attractions and attributes of the Count_v. to create a favorable climate of opinion concerning the Count_v. and to cooperate with other agencies, oublic or private. lb) All reo_uests for food and non-alcoholic beverage expenses pursuant to this section should be approved by the Count_v Administrator or designee prior tO the expenditure. Under sufficient extenuating circumstances, as determined by the County Administrator. the County Administrator or designee, at his or her discretion, ma_v approve food and non-alcoholic beverage expenses after the expense has been paid. PART C. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. .................. let o~zu~ ~w~ passages are de ed. added. ~ passages are OR BOOK 1252 PAGE PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowled~Fuent from the Office of the Secretary of State that this ordinance has been filed in that office. 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 re lettered to accomplish such intention; provided, however, that parts C through H shall not be codified. PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: added. Chairman Paula A. Lewis AYE Vice Chairman John D. Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Doug Coward AYE Commissioner Frannie Hutchinson AYE u,~z uu~ passages are deleted. ~[~r~/~passages are Sm OR BOOK i252 PAGE OiJ_ PASSED AND DULY ADOPTED this 7th day of September, 1999. BOARD OF COUNTY ATTEST: ST. LUCIE COUNTY, CHAiRMAN,~,~~' ~ow~ ~s ~o --C~RRECTNESSf~ COUNTY ~~EY added. passages are deleted. passages are 5oAnne Holman, Clerk of the Cir .t Court - St. Lucie County File ~er.'i740389 ~ ~UK i24i PAGE 02i6 Recorded: 01~-04-99 10:~ A.M. ORDINANCE NO. 99-13 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR ESTUMKEDA, LTD. d/b/a MICCO AIRCRAFT COMPANY, 3100 AIRMAN'S DRIVE, FORT PIERCE, FLORIDA, A NEW 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 ESTUMKEDA, LTD. d/b/a MICCO AIRCRAFT COMPANY; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT ESTUMKEDA, LTD. d/b/a MICCO AIRCRAFT COMPANY MEETS THE DEFINITION OF A NEW BUSINESS; PROVIDING A SEVERABILITY 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. 99-13 "Economic Development Ad Valorem Tax Exemption - Estumkeda, Ltd. d/b/a Micco Aircraft Company. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance No. 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 Estumkeda, Ltd. d/b/a Micco Aircraft Company, 3100 Aii-nian Drive, Fort Pierce, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 1998-99 100% Year 2 90% ~BOOK 1241 P~ 021,~ Year 3 - 80% Year 4 - 70% Year 5 - 60% Year 6 - 50% Year 7 40% Year 8 30% Year 9 20% No exemption shall be granted on the land on which improvements are made by Estumkeda, Ltd. d/b/a Micco Aircraft Company. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $60,918,316.86. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $38,420.21. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $4,825.55. ARTICLE IV Ex_~iration Date The Economic Development Ad Valorem Tax Exemption granted to Estumkeda, Ltd. d/b/a Micco Aircraft Company, an expanding business, shall be for nine {9) years from the date of Board adoption of this Ordinance. ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that Estumkeda, Ltd., d/b/a Micco Aircraft Company is an new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Esturnkeda, Ltd., d/b/a Micco Aircraft Company 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 OR BOOK 1241 PAGE 02S 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: Chaii-man Paula A. Lewis AYE Vice Chairman John D. Bruhn AYE Commissioner Doug Coward AYE Commissioner Frannie Hutchinson AYE Commissioner Cliff Barnes ABSENT PASSED AND DULY ADOPTED this 27th day of July, 1999. ATTEST: ' beputy Cle,k ~) ~ BOARD OF COUNTY COMMISS~0NERS ST. LUCIE COUNTY, FLORIDA'~ AP OVED CORR BY: Count~ ~. ~tto~ey b~E O~ BOOK ~S~+ ~ Jol~ne Hollan, Clerk of the C[r it Court - St. Luc[e County F[].e NuIber:l?40~;S~l OR tIImK 1241 PAGE 0243 Recorded: ~-04-99 10:08 ~t.l~. 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 ORDINANCE NO. 99-015 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 3.01.03(Q), CN COMMERCIAL, NEIGHBORHOOD ZONING DISTRICT, BY AMENDING THE LIST OF PERMITTED, CONDITIONAL AND ACCESSORY USES IN THIS ZONING DISTRICT; BY AMENDING SECTION 3.01.03(S), CG COMMERCIAL, GENERAL ZONING DISTRICT, BY AMENDING THE LIST OF ACCESSORY USES IN THIS ZONING DISTRICT; BY PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FORADOPTION 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. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993 93-03 February 16, 1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 97-23 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 99-05 July 20, 1999 On May 20, 1999, 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 and the Tribune at least Ordinance #99-015fnl Final Underline is for addition StJikc ThJou~h is for deletion Page 1 PRINT DATE: 07/20/99 OR~K i24i P~ 024~ 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 10 days prior to the hearing and recommended that the proposed ordinance be approved. On July 6, 1999, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on June 25, 1999. On July 20, 1999, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on July 9, 1999. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and 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. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: CHAPTER III ZONING DISTRICTS 3.00.00 3.01.00 ZONING DISTRICTS ZONING DISTRICT USE REGULATIONS Underline is for addition ~tJik~ T,~JO~9.~ is for deletion Ordinance #99-015fnl Page 2 Final PRINT DATE: 07/20/99 OR BOOK 1241 PAGE 0245 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 3.01.03 Q. 1. ZONING DISTRICTS CN COMMERCIAL, NEIGHBORHOOD Purpose The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in "0" 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. Permitted Uses b_a. b~ C. d. f. gd. k-:.f Beauty and barber services. (723/724) Civic, social and fraternal associations (6641) Depository institutions (60) ,,,",?,'.."C,'CC, ,, C~F;iC;'O,., , .":.,~CF;,tS ..................... Laundering and drycleaning (self-service). (7215) Real estate (55) Repair services: (1) Electrical repair. (752) (2) Shoe repairs (725) (3) Watch, clock, jewelry, and musical instrument repair. (7631) Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (1) (+2_) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) Antiques (5932) Apparel and accessories. (55) Books and stationery. (5942/5943) Cameras and photographic supplies. (5946) Drugs and proprietary. (5942) Eating places (5612) Florists. (5992) Food stores (54) Gifts, novelties, and souvenirs. (5~47) Hobby, toy and game shops (5~45) Household appliances (572) Jewelry. (5944) Newspapers and magazines. (5994) Optical goods. (5995) Nurseries, lawn and garden supplies. (526) Radios, TV's, consumer electronics and music supplies (573) Underline is for addition CtJika T.~Jo~I~ is for deletion Ordinance #99-015fnl Page 3 Final PRINT DATE: 07/20/99 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 (17) Sporting goods and bicycles. (5~41) (1 8) Tobacco products. (5993) Video tape rental (?~) Paragraphs 3 through 6 - no change Conditional Uses Day care - adult (8322) - child (8351) Postal services. (4311) Retail trade: Gasoline services - accessory to retail food stores under SIC-541 1. (999) (2) Undistilled alcoholic bevera,qes accessory to retail sale of food. (5921-Except for liquor) Telecommunication towers - subject to the standards of Section 7.10.23 (999) Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) One dwelling unit contained within the commercial building, for on-site security purposes. (999) CG Purpose COMMERCIAL, GENERAL The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "0" 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 7 -- No Change Accessory Uses Underline is for addition ............ ~,. is for deletion Ordinance #99-015fnl Page 4 Final PRINT DATE: 07/20/99 ~BOOk 1241 P~ 024! 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 Accessory uses are subject to the requirements of Section 8.00.00, and include the following: Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). One single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on-site security purposes). Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). 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 mason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout 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. Underline is for addition ................. is for deletion Ordinance #99-015fnl Page 5 Final PRINT DATE: 07/20/99 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 PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman John Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson AYE AYE ABSENT AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 20th day of June, 1999 ATTEST: '~'~'" "? ~"~//>"~.~':~'o_~ST.~'; LUCIE COUNTY, FLORIDA ' ~EPUT~ CLE~ ~~ .... CH~ R~AN ': Underline is for addition .............. is for deletion Ordinance #99-015fnl Final ~" Page 6 PRINT DATE: 07/20/99 1241 Pt~:E 024~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 DJM 99-015fnl(LDCamends - disc #11 ) APPROVED AS TO FoRM AND C~RECTNESS: Ordinance #99-015fnl Final Underline is for addition .................. is for deletion Page 7 PRINT DATE: 07/20/99 JoAnne Holman, Clerk of the Circuit Court - Ct. Lucie Coutlty File Number:1'74025c~O OR BOOK 1241 PAGE 0219 Recorded: 08-04-gg 10:08 A.M. 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 ORDINANCE NO. 99-016 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00, DEFINITIONS TO ADD A DEFINITION FOR THE TERM PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 8.02.02(J)(1) & (9), ACCESSORY AND TEMPORARY STRUCTURES AND USES, PARTICULAR TEMPORARY USES PERMITTED, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 9.01.03(D), SIGNS, AUTHORIZED TEMPORARY SIGNS, PROJECT MARKETING SIGNS, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 10.01.13, HARDSHIP RELIEF, ADMINISTRATIVE VARIANCES TO CONSTRUCT AN ACCESSORY AGRICULTURAL STRUCTURE, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 10.01.14, HARDSHIP RELIEF, ADMINISTRATIVE VARIANCES TO THE REQUIRED MINIMUM YARD SETBACK STANDARDS FOR RECREATIONAL VEHICLE PARKS, CONSTRUCT AN ACCESSORY AGRICULTURAL STRUCTURE, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 10.01.25, HARDSHIP RELIEF, SPECIAL PROVISIONS WHERE VARIANCE IS SOUGHT TO REQUIREMENTS OF FLOOD DAMAGE PREVENTION, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 11.00.03(D) & (E) ADMINISTRATION AND ENFORCEMENT, GENERAL PROVISIONS, PUBLIC NOTICE REQUIREMENTS, NOTICE, BYADDING REFERENCES TO THE PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 11.00.04(A)(B) & (D) ADMINISTRATION AND ENFORCEMENT, GENERAL PROVISIONS, PUBLIC NOTICE REQUIREMENTS, NOTICE, BYADDING REFERENCES TO THE PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 11.01.04, ADMINISTRATION AND ENFORCEMENT, AUTHORIZATION BY A DEVELOPMENT PERMIT REQUIRED PRIOR TO UNDERTAKING ANY DEVELOPMENT ACTIVITY, POST-DEVELOPMENT ORDER CHANGES; BY CLARIFYING THE DEPARTMENT RESPONSIBLE FOR MAINTAINING RECORDS WITH THE VARIOUS TYPES OF FINAL DEVELOPMENT ORDERS ISSUED BY THE COUNTY; BY AMENDING Ordinance #99-016fnl Final Underline is for addition ............ ~.. is for deletion Page 1 PRINT DATE: 07/20/99 OR BOOK 1241 PA~E 02._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 SECTION 11.03.04 PROCEDURES FOR PLATTING, PROCEDURES FOR MINOR REPLATS AND LOT SPLITS, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 11.05.00(B)(3), PROCEDURES FOR OBTAINING DEVELOPMENT PERMITS, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 11.05.01, PROCEDURES FOR OBTAINING DEVELOPMENT PERMITS, BUILDING & SIGN PERMITS, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 11.05.02, PROCEDURES FOR OBTAINING DEVELOPMENT PERMITS, CLASS A MOBILE HOME PERMITS, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 11.13.04, ENFORCEMENT OF CODE PROVISIONS, OTHER PENALTIES AND REMEDIES, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 12.06.00, DECISION MAKING AND ADMINISTRATIVE BODIES, OFFICE THE COMMUNITY DEVELOPMENT DIRECTOR, BY CLARIFYING THE RESPONSIBILITIES OF THE COMMUNITY DIRECTOR; BY CREATING A NEW SECTION 12.07.00, DECISION MAKING AND ADMINISTRATIVE BODIES, OFFICE THE PUBLIC WORKS DIRECTOR, AND CLARIFYING THE DUTIES AND RESPONSIBILITIES OF THIS OFFICE AS IT RELATES TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE; BY RENUMBERING EXISTING SECTIONS 12.07.00 AND 12.08.00 TO 12.08.00 AND 12.09.00 RESPECTIVELY TO ACCOUNT FOR THE ADDITION OF A NEW SECTION 12.07.00; BY AMENDING SECTION 13.00.01(A) & (B), BUILDING REGULATIONS AND PUBLIC WORKS CONSTRUCTION MANUAL, BUILDING CODE, BY CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. 37 38 39 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: Underline is for addition ctzikc Thzou~h is for deletion Ordinance #99-016fnl Page 2 Final PRINT DATE: 07/20/99 1241 P~ 0221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - March 14, 1991 91-09 May 14, 1991 91-21 - November 7, 1991 92-17 June 2, 1992 93-01 - February 16, 1993 93-03 February 16, 1993 93-05 - May 25, 1993 93-06 May 25, 1993 93-07 - May 25, 1993 94-07 June 22, 1994 94-18 - August 16, 1994 94-21 August 16, 1994 95-01 - January 10, 1995 96-10 August 6, 1996 97-01 - March 4, 1997 97-09 October 7, 1997 97-23 - September 2, 1997 99-01 February 2, 1999 99-02 - April 6, 1999 99-05 July 20, 1999 99-15 July 20, 1999 On May 20, 1999, 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 and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On July 6, 1999, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on June 25, 1999. On July 20, 1999, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on July 9, 1999. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. Underline is for addition stJikc Through is for deletion Ordinance #99-016fnl Page 3 Final PRINT DATE: 07/20/99 ~ ~K 1241 P~ 0222 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 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUClE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: CHAPTER II DEFINITIONS 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them. PUBLIC WORKS DIRECTOR: The head of the Department of Public Works, who shall be appointed to serve at the pleasure of the County Administrator. CHAPTER VIII ACCESSORY AND TEMPORARY STRUCTURES AND USES 8.02.00 TEMPORARY USES AND STRUCTURES 8.02.02 PARTICULAR TEMPORARY USES PERMITTED Permitted temporary uses include: Paragraphs A Through I - No Change J. Special vehicle and boat sales events on-sites not approved for the permanent display vehicle and Underline is for addition ................. is for deletion Ordinance #99-016fnl page 4 Final PRINT DATE: 07/20/99 i24i 0225 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 boat sales may be approved by the Commumty,.,,,~,,,~,,, ,~, ,, ~,,, ~,.,,,, Public Works Director if the following requirements and standards are met: Said events shall be conducted on property having a CG, IL or IH zoning designation, or on property approved by the Co;~,mun",ty Devel~,pment,.,,, ...... ,,.,,,, Public Works Director for special public events, such as the fairgrounds site; Paragraphs 2 through 8 - no changes Prior to the issuance of any temporary use permit for a sales event, the applicant must obtain written approval from the C~, ,,T, unity~,~w,,,~,, ........., ,~, ,, ,.,,, ~,.,,,, Public Works Director for use of any temporary facilities (such as a tent). Use of any facilities required to be inspected by St. Lucie County or the St. Lucie County-/Ff:-Pierce Fire Department shall be inspected by the appropriate department prior to operation of the facility. Paragraphs 10 and 11 - no changes CHAPTER IX SIGNS 9.01.00 PERMITTED PERMANENT AND AUTHORIZED TEMPORARY SIGNS 9.01.02 AUTHORIZED TEMPORARY SIGNS D. PROJECT MARKETING SIGNS Paragraph 1 and 2 - No Changes Permits for such signs shall expire and the signs shall be removed upon determination by the Co;~mun:,ty ............ ...... ~, .......C:r~ctor Public Works Director 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. Paragraph 4 through 6 - No Changes Underline is for addition ~ is for deletion Ordinance #99-016fnl Page 5 Final PRINT DATE: 07/20/99 ~ ~K i2~i P~ 0224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 CHAPTER X HARDSHIP RELIEF 10.01.13 ADMINISTRATIVE VARIANCES TO CONSTRUCT AN ACCESSORY AGRICULTURAL STRUCTURE A. APPLICATION PROCEDURES A person desiring to construct an accessory agricultural structure on a parcel lacking frontage shall apply for a variance on a form provided by the C~mmun",~y D~'v-a',opmant Dir~¢tor Public Works Director. An application fee in accordance with Section 11.12.00. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the ....... Public Works Director, but shall contain at least the following: a. Name and address of applicant. b. Legal description of the property which is the subject of the application. c. Size of the subject property. d. Description of the existing agricultural operation. Description of proposed accessory structure and proposed use. Proof that the parcel is classified as agricultural land for purposes of ad valorem tax assessment. 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 C-ommun~ Dsv~',~pm~nt Director Public Works Director shall examine the application or information and notify the applicant of any apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. Within thirty (30) working days after an application has been determined to be complete, the Commun;ty .............. ...... ~, ............... Public Works Director shall either grant the variance or deny the variance, with reasons clearly stated. Any person aggrieved by a decision of the Community~,~,v~, .............., ,~, ,, ,.,,, ~,.,,,, Public Works Director may within thirty (30) days after the rendition of such decision appeal to the Board of Adjustment pursuant to procedures set forth in Section 11.11.00 of this Code. ...... ~n~e r 1 ine --i s fo~-addit ion ................. is for deletion Ordinance #99-016fnl Page 6 Final PRINT DATE: 07/20/99 0R~K 1241 P~ O2~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 GENERAL STANDARDS FOR ISSUANCE The Community,.,,w,,.,~,,,,~, ................ ,~ ,.,,,~,.,,.,, Public Works Director shall grant the requested variance if all of the following standards are satisfied: 1. The parcel is classified as agricultural land for purposes of ad valorem tax assessment. 2. The proposed structure will be constructed as a part of an existing productive agricultural operation. 3. The proposed structure and use will be accessory to the already existing agricultural structures and uses. 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 existing Recreational Vehicle Park on the effective date of this Ordinance (Ordinance 94-007) by no more than fifty (50) percent of the minimum standard shall apply for a variance on a form provided by the Commun",ty D~'v-~lopm~nt D",r¢c. tor Public Works Director. 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 Comm~n",:y D~v~',~p~,,~nt D",r~ctor Public Works Director, but shall contain at least the following: a. Name and address of applicant. b. Legal description of the property which is subject of the application. 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(les) 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. Unde~l~n~ is f~r addition S~ikc Th~c~u~.~ is for deletion Ordinance #99-016fnl Page 7 Final PRINT DATE: 07/20/99 ~ ~K 1241 P~ 0226 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 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 C-ommurd~ De'~'e',op~ent D:,rect~,r Public Works Director 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 Co,~mun",ty De-v'e',op~ent D:rector Public Works Director 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 C~,,;~un;ty~,~v~,,,~,, ....., ,~, ,, ~,,, ~,.,,,, Public Works Director may appeal the decision within thirty (30) days after the rendition of such decision to the Board of Adjustment pursuant to procedures set forth in Section 11.11.00 of this code. GENERAL STANDARDS FOR ISSUANCE The Com~unlty~,~,~,,,~,,,,~,,, D:r~c[or Public Works Director shall grant the requested variance if all of the applicable following standards are satisfied: Demonstration that the Recreational Vehicle Park was in legal existence upon the effective date of this ordinance (Ordinance 94-007) 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. 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 fifty (50) percent into any required yard setback area. 7. The variance requested will not conflict with any other provision of this Code. CONDITIONS ON VARIANCES The ....... ............. ~ ...... ~ ............... Public Works Director shall attach such conditions, limitations and requirements to the variance as are necessary to effectuate the purpose of this section. Underline is for addition stJikc ThJG~k is for deletion Ordinance #99-016fnl Pa~e 8 Final PRINT DATE: 07/20/99 OR ~OOK 1241 PAGE 02'. 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 4O 41 42 43 44 45 46 47 10.01.25 SPECIAL PROVISIONS WHERE VARIANCE IS SOUGHT TO REQUIREMENTS OF FLOOD DAMAGE PREVENTION A. GENERAL The Board of Adjustment as established by St. Lucie County shall hear and decide appeals and requests for variances from the requirements of Section 6.05.00, Flood Damage Prevention. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Commun:ty D~v~',op, ,--~,nt D",r~ctor Public Works Director in the enforcement or administration of Section 6.05.00. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure. B. APPLICATION PROCEDURES A person desiring a variance from the requirements of Section 6.05.00, Flood Damage Prevention shall apply for a variance on a form provided by the CO,T--',,, ,,~,"~ity ,.,~,~,,,~,,,,~, ,, Bifector Public Works Director. An application fee as established by resolution of the Board of County Commissioners shall accompany the application. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Co,~munlty D~'v'~lop,,-~nt Director Public Works Director, but shall contain at least the following: a. Name and address of applicant. b. Legal description of the property which is the subject of the application. c. Size of the subject property. The purpose for the requested variance and a statement of the intended development of property if the variance is granted. A statement of the hardship imposed on the applicant by this Code and a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located. 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 6ommuft~ D~v~',opm~nt D:,r~ctor Public Works Director shall examine the application or information and Underline is for addition StJikc ThJou~k is for deletion Ordinance #99-016fnl Page 9 Final PRINT DATE: 07/20/99 ~ ~K 1241 P~ 02~ 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 10. 11. notify the applicant of any apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. Within thirty (30) working days after an application has been determined to be complete by the Co~un",ty Deve',opment Director Public Works Director., he shall review the application, make a recommendation, and submit it to the Board of Adjustment. Upon notification that an application for a variance is complete, the Board of Adjustment shall place the application on the agenda of a regularly scheduled meeting for a public hearing in accordance with Section 11.00.03. In reviewing the application for variance approval, the Board of Adjustment shall use the standards in Section 10.01.10(C) below. The Board may require the applicant to meet certain conditions before approval of the variance. Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision approving, approving with conditions, or denying the variance. The decision of the Board of Adjustment shall be mailed to the petitioner and filed with the Office of the Public Works Director and with the Office of the Community Development Director in accordance with Section 11.00.0(4)(F). Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer may appeal such decision to a court of competent jurisdiction as provided by the Florida Statutes. The '" ............. y ...... ~, .......... ~,,,,,, Public Works Director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. CHAPTER Xl ADMINISTRATION AND ENFORCEMENT 11.00.00 11.00,03 GENERAL PROVISIONS; PUBLIC NOTICE REQUIREMENTS NOTICE ~nderline is for addition Strike Throu~h is for deletion Ordinance #99-016fnl Page 10 Final PRINT DATE: 07/20/99 OR BOOK 1 41 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 MAIL Mailing notice to specific real property owners shall be as follows: 1. Amendments and Applications That Affect Less than Ten (10) contiguous acres: In addition to publication requirements in Section 11.00.03(B), in the case of a public hearing regarding an amendment to the Official Zoning Atlas that applies to less than ten (10) contiguous acres in the unincorporated area of the County, applications for Planned Developments, applications for conditional use approval, applications for variances, and applications requesting a Class A Mobile Home be defined as a detached single-family dwelling unit, notice shall also be provided by the Community Development Director (or the Public Works Director dependin,q on the application of public hearin,q that is filed) by mail to all property owners who own real property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll, and to all property owners who own real property within five hundred (500) feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls. Notification shall be mailed not more than thirty (30) days nor less than ten (10) days before the date of the hearing. In the case of amendments to the Official Zoning Atlas which have been initiated by the Board of County Commissioners or its designee and affect less than ten (10) contiguous acres of land area in the unincorporated area of the County, notice shall also be provided by the Community Development Director by mail to each real property owner whose land is the subject of the proposed amendment and whose address is known by reference to the latest approved ad valorem tax roll. Such notice shall be mailed at least thirty (30) days before the date of the hearing. 2. Amendments That Affect Ten (10) Contiguous Acres or More of Land An amendment to the Official Zoning Atlas or an amendment to the text of this Code that affects ten (10) contiguous acres or more of the land in the County's jurisdiction does not require notice by mail. POSTING OF NOTICE After an application has been filed for an amendment to the Official Zoning Atlas, for a Planned Development, for conditional use approval, for a major adjustment to a conditional use, for a variance or requesting a Class A Mobile Home to be defined as a detached single- family dwelling unit, the Community Development Director (or the Public Works Director depending on the application of public hearing that is filed) shall cause the posting of a sign or signs on the property concerned. The sign or signs shall not be less than ten (10) square feet in size and located where, in the judgment of the Director, the sign or signs would be in the most conspicuous place to the passing public. Each sign shall contain the following information: Underline is for addition ~ is for deletion Ordinance #99-016fnl Page 11 Final PRINT DATE: 07/20/99 1241 O230 1 2 3 4 $ 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 11.00.04 a. Present zoning and requested rezoning classification, if applicable; b. Conditional use information, if applicable; c. Class A Mobile Home information, if applicable; d. Variance information, if applicable; and e. Dates of scheduled hearings. The sign or signs shall be posted not less than ten (10) days prior to the public hearing. The Director will only be responsible for erection of the sign or signs. The Community Development Director (or the Public Works Director depending on the application of public hearing that is filed) shall provide a signed affidavit stating that the notice was posted at the initiation of the advertising period. Failure to maintain a conspicuous notice on the property shall not affect any change or amendment of said Code. HEARING PROCEDURES SETTING THE HEARING When the Community Development Director (or the Public Works Director depending on the application of public hearing that is filed) determines that an application for an amendment to the Official Zoning Atlas, an application for an amendment to the text of this Code, an application for a Planned Development, an application for conditional use approval, an application for a major adjustment to a conditional use, an application requesting a Class A Mobile Home be defined as a detached single-family dwelling unit, or an application for a variance is completed, or that a petition for an administrative appeal has been filed and is complete, the Director shall notify the appropriate decision making body so a public hearing may be set and notice given in accordance with the provisions of this Code. B. EXAMINATION AND COPYING OF APPLICATION AND OTHER DOCUMENTS Any time after the provision of notice, as required by this Code in Section 11.00.03, any person may examine the application or petition in question, and the material submitted in support or opposition to the application or petition in the Department of Community Development (or the Public Works Department depending on the type of application for public hearing that is filed) during regular business hours. Any person shall be entitled to obtain copies of the application or petition and other materials upon reasonable request and payment of a fee to cover the actual costs of providing such copies. D. RECORD OF THE HEARING 1. The transcript of testimony, when and if available, the minutes of the Secretary, all appli- Underline is for addition ~ is for deletion Ordinance #99-016fnl Page 12 Final PRINT DATE: 07/20/99 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 cations, exhibits, documents, materials, and papers submitted in any proceeding before the decision-making body, the Community Development Department's project files and records (if applicable), the Public Works Department's project files and records (if applicable), the report of the Community Development Director (if applicable), the report of the Public Works Department (if applicable) and the decision and report of the decision-making body shall constitute the record. The body conducting the hearing shall record the proceedings by any appropriate means; upon request of any person to the Community Development Director (or the Public Works Department depending on the type of application for public hearing that is filed) and payment of a fee to cover the cost of transcription, the record may be transcribed and a copy provided to that person. If a sound recording is made, any person shall be entitled to listen to the recording at any reasonable time, or make copies at his own expense, at the Department of Community Development (or the Public Works Department depending on the type of application for public hearing that is filed). Any person shall be entitled to examine the record, at a reasonable time, or make copies at his own expense, at the Department of Community Development (or the Public Works Department depending on the type of application for public hear ng that is filed). 11.01.00 AUTHORIZATION BY A DEVELOPMENT PERMIT REQUIRED PRIOR TO UNDERTAKING ANY DEVELOPMENT ACTIVITY 11.01.04 POST-DEVELOPMENT ORDER CHANGES After a Preliminary or Final Development Order has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the Preliminary or Final Development Order. A modification may be applied for in the same manner as the original Preliminary or Final Development Order. Awritten record of the raodificat;on shaJ', be entered upon ....... ~ ..... ....... ' fth Co 'tyDe elopment [- al ..................................... A written record of the modification to a Preliminary or Final Development Order for a Conditional Use approval, Planned Development Final Site Plan Approval, Planned Development Preliminary Site Plan Approval, Major Development Site Plan Approval, Minor Development Site Plan Approval, Variance, Development of Regional Impact Development Order, Amendment to any portion the Comprehensive Plan, or Amendment to the Official Zoning Atlas, shall be entered upon the or.qinal Preliminary or Final Development Order and maintained in the files of the Community Development Director. A written record of the modification to a Preliminary or Final Development Order for a Building Permit, Class A Mobile Home Permit, Mining Permit, or a Mobile Home (Tie Down) Permit, shall be entered upon the original Preliminary or Final Development Order and maintained in the files of the Public Works Director. Underline is for addition ~tzikc Throu~k is for deletion Ordinance #99-016fnl Page 13 Final PRINT DATE: 07/20/99 i24i 0252 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 11.03.00 PROCEDURE FOR PLATTING 11.03.04 PROCEDURE FOR MINOR REPLATS AND LOT SPLITS A. GENERALLY The Co~r~ur, ity D~v~:op~nt D:,r~ctor PublicWorks Director may approve a Minor Replat or Lot Split, where a parcel of land is being divided into two (2) separate lots or parcels that conforms to the requirements of this Section. B. APPLICATION CONTENTS A developer requesting a Minor Replat or Lot Split shall submit the following materials with an application form provided by The Com~,,un;ty~,~, ~,,,~,,,,~, ,, ~,,, ~,.,,,, Public Works Director along with an application fee as described in Section 11.12.00: A statement indicating whether water and/or sanitary sewer service is available to the property; Land descriptions and acreage or square footage of the original and proposed lots and a scaled drawing showing the intended division. All such drawings and divisions shall be prepared by a professional land surveyor registered in the State of Florida. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application; and An identification of any and all easements, rights-of-way or similar instruments that may be found on or adjacent to the property subject to the Minor Replat or Lot Split. C. PROCEDURE FOR REVIEW The Common;fy ..................~,~v~,,,~,,,,~,,, ,.,,,~,.,,,, Public Works Director shall transmit a copy of the proposed Minor Replat or Lot Split to the appropriate departments of the County for review and comments. The review of all Minor Replats and Lot Splits shall be in accordance with the procedures described in Section 11.02.03. If the proposed Minor Replat or Lot Split meets the conditions of this Section and otherwise complies with all applicable laws and ordinances, the Director shall approve the Minor Replat or Lot Split by signing the application form. D. STANDARDS FOR REVIEW All Minor Replats or Lot Splits shall conform to the following standards: 1. Each proposed lot must conform to the requirements of this Code. Underline is for addition Dt-Jikc Through is for deletion Ordinance #99-016fnl Page 14 Final PRINT DATE: 07/20/99 ffi ~k 12~1 P~ 0233 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 Each lot shall abut a public or private street (except as hereinafter provided) for the required minimum road frontage for the Zoning District where the lots are located. If any lot abuts a street right-of-way that does not conform to the design specifications provided in this Code, the owner shall be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements. RECORDATION Upon approval of the Minor Replat or Lot Split, The Community~,~,o,,~,,,,*, ,, Dir~ctc, r Public Works Director shall record the replat on the appropriate maps and documents, and shall, at the developer's expense, record the replat in the public records of the County. RESTRICTION No further division of an approved Minor Replat or Lot Split is permitted unless a final record plat is prepared and submitted in accordance with Sections 11.03.01 through 11.03.03. 11.05.00 PROCEDURE FOR OBTAINING DEVELOPMENT PERMITS (Paragraph A - No Change) B. CERTIFICATES OF ZONING COMPLIANCE 3. Procedure (Paragraphs 1 and 2 - No Change) Upon application for a Development Permit or use authorization, the .......... y D~;'¢',oprn¢nt ........ Public Works Director shall determine whether such application complies with the provisions of this Code and the St. Lucie County Comprehensive Plan. If the Comn~un",ty Dawlc~p,~,nt D",r,ctor Public Works Director determines the proposed development activity or use complies with the provisions of this Code and the St. Lucie County Comprehensive Plan, he shall issue a Certificate of Zoning Compliance. If the Corn,-n, unlty DCv~l~p,,'n~,'~t D",r6c. tor Public Works Director determines that the proposed development activity or use does not comply with the provisions of this Code or the Comprehensive Plan, the application shall be returned to the applicant accompanied by a written statement setting forth the provisions of this Code or the ~nderline is for addition .... ~ ............ is for deletion Ordinance #99-016fnl Page 15 Final PRINT DATE: 07/20/99 ~BOOk ~~ PAGE 0~3~ 1 2 3 4 5 6 7 ~ ~.05.0~ 8 9 A. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 B. 24 25 26 27 28 29 30 C. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Comprehensive Plan with which the application does not comply. (Paragraph 4 - No Change) BUILDING AND SIGN PERMITS BUILDING PERMIT 1. Generally The erection, alteration, or reconstruction of any building or structure shall not be commenced without obtaining a Building Permit from the Cornrnur,",ty D~¥~',oprn,,ant Bifec{~ Public Works Director. Work activities shall not proceed without obtaining all the inspections required by the Co~,,~unity,.,~w,,,~,, .............., ,~, ,, ,.,,, ~,.,,,, Public Works Director and the Standard Building Codes. (Paragraphs b through d - No Change) SIGN PERMIT The erection, alteration, reconstruction, or conversion of any sign shall not be commenced without obtaining a Sign Permit from the C~;~,T, unlty~,~v~,,,~,,,,~,,, ~,,, ~,.,,,, Public Works Director. In accordance with Section 9.00.00, no Sign Permit shall be issued for development without the issuance of a concurrent Certificate of Zoning Compliance. SEWAGE COMPLIANCE 1. Effect No Certificate of Zoning Compliance or Building Permit shall be issued by the C-ommur~ D~v~',op, ,'n~,nt D:,r¢¢tor Public Works Director for a proposed development until either the St. Lucie County .................., ,~o,,,, ,.,,,,, Health Department or the Florida Department of Environmental Regutafio~ Protection has approved a method of sewage disposal for that development. 2. Procedure All Building Permit applications shall be accompanied by a scale drawing of the building and a plot plan showing the proposed sewage disposal system. Copies of these plans shall be submitted to the St. Lucie County Health Department, ....... ,~,,,,. ', ........... ,,o,,,, ,.,,,,, or the Florida Department of Environmental Protection for the issuance of the appropriate sewage permit. Underline is for addition Strike Throu~k is for deletion Ordinance #99-016fnl Page 16 Final PRINT DATE: 07/20/99 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 .05.02 CLASS A MOBILE HOME PERMITS A. APPLICATION FOR PERMIT Any person desiring to have a Class A Mobile Home defined as a detached single-family dwelling unit by the Board of County Commissioners shall submit an application to the Corr,~,,un",ty D~;'~lop, ~ Public Works Director, in a form established by the Director, accompanied by a non-refundable application fee, pursuant to Section 11.12.00. (Paragraph B - No Change) PROCEDURE FOR REVIEW OF CLASS A MOBILE HOME PERMIT APPLICATIONS Within twenty (20) days after an application has been submitted, the C-ommurd~ ..... ,,~, ............... shall determine whether the application is complete. If the Director determines the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. Within thirty (30) days after the,.,,,,"' ,,, ,,,,, ,,,y' D~v~lc, prn¢r,t ,.,,, "' ,,.,,,,' Public Works Director determines the application is complete, he shall review the application, and shall determine whether the proposal complies with the definition of a detached single-family dwelling unit. Following the determinatiOn of compliance, the Community ..............~,,,,~,,.,~,,,,~,,, ,.,,, ~,.,,,~, Public Works Director shall place the application for the determination of the Class A Mobile Home as a detached single-family dwelling unit on the agenda of the next available regular Board of County Commissioners meeting, in accordance with the procedures in Section 11.00.03. The public hearing held on the application shall be in accordance with Section 11.00.04. In determining whether the Class A Mobile Home meets the definition of a detached single-family dwelling unit, the Board of County Commissioners shall consider the standards in this subsection. Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall make a determination as to whether the application meets the definition of a detached single-family dwelling unit in the form specified in Section 11.05.02(D). Notification of the Board of County Commissioners' decision shall be mailed to the petitioner and filed with the Cv,-n, rn,,un~ty ..... ~,~,o,,,~,,,,~,,, ~,,, ~,.~,,, Public Works Director in accordance with Section 11.00.04. 11.13.04 OTHER PENALTIES AND REMEDIES A. GENERALLY Underline is for addition Ct-Jika Throu~k is for deletion Ordinance #99-016fnl Page 17 Final PRINT DATE: 07/20/99 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 If the C~,,F~ur,~ty .....~,~,~,,~,,,,~,,, ,.,,, m.,,,,, Public Works Director in consultation with the County Attorney, determines that the code enforcement process delineated above would be an inadequate response to a given violation, the Director may pursue the following penalties and remedies, as provided by law: 1. CIVIL REMEDIES If any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this Code, the Director, through the County Attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct, or abate the violation. 2. CRIMINAL PENALTIES Any person who violates any provision of this Code shall be deemed guilty of a misdemeanor and shall be subject to fine and imprisonment as provided by law. CHAPTER Xll DECISION MAKING AND ADMINISTRATIVE BODIES 12.06.00 OFFICE OF THE COMMUNITY DEVELOPMENT DIRECTOR 12.06.01 JURISDICTION, AUTHORITY, AND DUTIES In addition to the jurisdiction, authority, and duties which may be conferred on the Community Development Director by other provisions, he shall also have the following powers and duties under this Code. The Community Development Director shall issue buiidif~j;-sign, vegetation removal,-mangrove slter~.tlon, ,~.r~gro;'6 tr',~mln~, wastewater and sewage disposal compliance, airport height permits, v ......... oper~.tin,~ o, ,d,.,,,o,,,' ~ ~,~ ........ and wetlands permits in accordance with the procedures in Section 11.05.00. The Community Development Director shall grant or deny applications for Certificates of Capacity Exemption, and Certificates of Capacity Variances in accordance with the procedures in Section 5.00.00. Underline is for addition ~ is for deletion Ordinance #99-016fnl Page 18 Final PRINT DATE: 07/20/99 OR BOOK 1241 PAGE 02 ? 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 Director shall grant or deny applications for a Vested Rights Special Use Permit in accordance with the procedures in Section 11.09.00 of this Code. The Community Development Director, whenever a use is not specifically listed in Section 3.01.03 or in the administrative use regulations, shall make a determination as to whether the proposed use is a use permitted by this Code, in accordance with Section 3.01.01. Co 'fy ......................... th o,, - ........... vananc¢ I I1~ ~ ~V~IV~III~IIL ~II~VLVI OIIOII ............... sh~',', ............... ;.pprov6 .............. or deny -- Lot -"- ' .................. app', ............... o,,d "" ~n ..... I ..... The Community Development Director shall serve as staff planner to the Planning and Zoning Commission and the Board of County Commissioners, including the provision of aid and technical assistance in: The initiation, processing, and review of applications for amendment to the Official Zoning Atlas as provided in Section 11.06.00; The initiation, processing, and review of applications for amendment to the text of the Code as provided in Section 11.06.00; The processing and review of applications for Planned Developments as provided in Section 11.02.00; The processing and review of applications for conditional use permits as provided in Section 11.07.00 of this Code; 5. The processing and review of site plans as provided in Section 11.02.00; The processing and review of applications requesting a Class A Mobile Home be defined as a detached single-family dwelling, as provided in Section 11.05.02. The Community Development Director shall serve as staff planner to the Board of Adjustment, including the processing and provision of technical assistance in the review of variances, as provided in Section 10.01.00. The Community Development Director shall maintain the Official Zoning Atlas. The Community Development Director shall, whenever requested to do so by the Board of County Commissioners, conduct or cause to be conducted, with the assistance of other county departments if necessary, investigations, reports, surveys, studies, maps, charts, and recommendations with respect to matters before the Board of County Commissioners, the Planning and Zoning Commission, or the Board of Adjustment. The Community Development Director, or his designee, shall serve as the Building Official as called U--n~erline is fo~-addition ~ is for deletion Ordinance #99-016fnl Page 19 Final PRINT DATE: 07/20/99 OR BOOK lS'4i PAGE 02T ] 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 for under the Standard Building Code described in Section 13.00.01. 12.07.00 OFFICE OF THE PUBLIC WORKS DIRECTOR 12.07.01 JURISDICTION, AUTHORITY, AND DUTIES In addition to the iurisdiction, authority, and duties which may be conferred on the Public Works Director by other provisions, he shall also have the following powers and duties under this Code. A. The Public Works Director shall receive, review, and approve Certificates of Zoning Compliance in accordance with the procedures in Section 11.05.00. B. The Public Works Director shall issue building and sign permits in accordance with the procedures in Section 11.05.00. C. The Public Works Director shall have the power to authorize an administrative variance to construct an accessory agricultural structure in accordance with Section 10.01.07. D. The Public Works Director shall review and approve, approve with conditions, or deny applications for Minor Replats and Lot Splits, in accordance with Section 11.03.04. E. The Public Works Director, or his designee, shall serve as the Building Official as called for under the Standard Building Code described in Section 13.00.01. 12.07 8.00 12.07.01 OFFICE OF THE COUNTY ENGINEER JURISDICTION, AUTHORITY, AND DUTIES No Changes to Text 12.08 9.00 12.08.01 DEVELOPMENT REVIEW COMMITTEE DUTIES AND RESPONSIBILITIES Underline is f~r addition ~ is for deletion Ordinance #99-016fnl Page 20 Final PRINT DATE: 07/20/99 1241 ~ 0239 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 12.08.02 MEMBERSHIP No Change to Text No Change to Text CHAPTER Xlll BUILDING REGULATIONS AND PUBLIC WORKS CONSTRUCTION MANUAL 13.00.00 BUILDING CODE 13.00.01 GENERALLY A. ADOPTED The Standard Building Code, 1997 edition, including Appendix A, as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the Building Code of the County, to apply to the unincorporated areas of the County. A copy of such Code shall be filed in the office of the C~r~unlty Deve',~p~ent D",rect~r Public Works Director and shall be available for public inspection during the regular business hours of such office. B. AMENDMENTS Section 3313.4, Moving of Buildings, Bond Required, is hereby amended to read as follows: The Con~nun~ty,.,~,~,,.,~,,,,~, ,, ,.,,, ~,,,,,, Public Works Director, as a condition precedent to the issuance of such permit, shall require a bond, or other form of acceptable security to the St, Lucie County Attorney, to be executed by person desiring such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to the St. Lucie County Attorney. Such bond shall, at minimum, indemnify the County from any damage caused by the moving of such building to any street, road, highway, curb, sidewalk, trees, bridge, light pole, traffic signal or other item or fixture as may be described by the County. The County shall, at its discretion, include any reasonable performance criteria within the bonding agreement intended to address the issue of damage to any street, road, highway or appurtenance thereto. 2. Section 3313.7, Moving of Buildings, Improvements by Owner, is hereby amended to Underline is for addition ~ is for deletion Ordinance #99-016fnl Page 21 Final PRINT DATE: 07/20/99 ~ ~k i~41 P~ 0~40 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 read as follows: The C~,~,,un;t~',.,~,~,,,~,,,,~, ,, ,.,,, ~,.,,,, Public Works Director, as a condition precedent to the issuance of such permit, shall require a bond, or other form of acceptable security to the St, Lucie County Attorney, to be executed by person desiring such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to the St. Lucie County Attorney. The value of such Bond shall at a minimum to be equal to the cost of demolition, removal or repair, in order to bring the building into compliance with the Standard Building Code, as amended and adopted by St. Lucie County. The bond shall be conditioned on bringing the relocated building into compliance with the Standard Building Code within ninety (90) days from the date of relocation; if the building does not comply with the Standard Building Code within the ninety-day period the County shall give ten days' written notice of the noncompliance and of the County's intent to have the bond forfeited to cover the cost of demolition, removal or repair of such building. Following such notice, the bond shall be forfeited and the necessary demolition, removal or repair shall be done. The C-omm'df~y D~'v'~l~p,~n~ D:,r~c~r Public Works Director, in consultation with the Building Official, may grant reasonable extensions to the ninety (90) day compliance period if it is demonstrated to the satisfaction of the C~,~,,:;nit~',.,~,~,,,~,,, ,~, ,, ~,,, ~,.,,,, Public Works Director that the delay in completing the required improvement has been caused by matters beyond the control of the owner or house mover. No permit for the moving of any structure shall be issued by the County unless there is an accompanying building permit for the reconstruction of the structure being moved at it new location, within the jurisdiction of St. Lucie County. If the structure is being moved to a location outside of the jurisdiction of St. Lucie County, no such building permit from the County will be required. 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 circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. Underline is for addition ................. is for deletion Ordinance #99-016fnl Page 22 Final PRINT DATE: 07/20/99 1241 P~ 0241 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 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 filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis AYE Vice Chairman John Bruhn AYE Commissioner Cliff Barnes ABSENT Commissioner Doug Coward AYE Commissioner Frannie Hutchinson AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 20th day of July, 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA -- U--n~erline is f~r addition ~ is for deletion Ordinance #99-016fnl Page 23 Final PRINT ~TE: 07/20/99 P~ 02~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 DJM 99-016fnl(LDCamends - disc #11 ) Ordinance #99-016fnl Final APPROVED AS TO FORM AND ECTNE~ ' -t ',41'[1' ~ COUNTY A1 ~/~NEY Underline is for addition ................. is for deletion Page 24 PRINT DATE: 07/20/99 JoAnne Holm~n, Cieck of the C.:irwuit Court - St. Lucie Count~:' F].le Number:iT~0653 OR ~'" Recorded: 10-29-99 09:11 A.M. 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 ORDINANCE 99-017 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.16(Q)(1)(a)(1)(c), TO PROVIDE FOR THE CLARIFICATION OF COMMON USE AREAS TO REFER TO PUBLIC OR PRIVATE ROADWAYS ONLY; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 March 14, 1991 91-09 - May 14, 1991 91-21 November 7, 1991 92-17 - June 2, 1992 93-01 February 16, 1993 93-03 - February 16, 1993 93-05 May 25, 1993 93-06 - May 25, 1993 93-07 May 25, 1993 94-07 - June 22, 1994 94-18 August 16, 1994 94-21 - August 16, 1994 95-01 January 10, 1995 96-10 - August 6, 1996 97-01 March 4, 1997 97-09 - October 7, 1997 97-23 September 2, 1997 99-01 - February 2, 1999 99-02 April 6, 1999 99-03 - August 17, 1999 99-05 July 20, 1999 99-15 July 20, 1999 99-16 July 20, 1999 On July 15, 1999, 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 and Tribune at least 10 days Double Underline is for addition SL~.k= Tii£ou~i% is for deletion Ordinance 99-017fnl Pa~e 1 Final Print Date: 10/13/99 OR BOOK 1258 PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 prior to the hearing and recommended that the proposed ordinance be approved. On August 17, 1999, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and Tribune on August 5, 1999. On September 7, 1999, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and Tribune on August 26, 1999. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFIC AMENDMENTS TO THE ST. LUClE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.00 SUPPLEMENTAL STANDARDS 7.10.16 RECREATIONAL VEHICLE PARKS Double Underline is for addition SL~ik= Tl%zuu~l, is for deletion Ordinance 99-017fnl Page 2 Final Print Date: 10/13/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 OR BOOK ZE258 PAGE (b) (c) (d) PARAGRAPHS A THROUGH Q(1)(A)(1)(A): NO CHANGES side yard eight (8) feet unobstructed on the left side and zero (0) feet on the right side when facing the lot from the center of the main street frontage. In the absence of recorded lots lines, a minimum eight (8) feet unobstructed between adjacent units shall be required. side yard corner eight (8) foot left side and five (5) foot right side when facing the lot from the center of the main street frontage (includes all properties adjacent to public and private roadways). In the absence of recorded lot lines, a minimum eight (8) feet unobstructed between adjacent units and five (5) feet from any common use area shall be required. rear yard five (5) feet. Note: The front yard setback for special situation lots shall be five feet. Special situation lots include those lots in which the longest property dimension is found along the street frontage. Common use areas shall refer to public and private roadways only. Lots adiacent to pedestrian access shall not be considered corner lots. For lots with double street frontage, the front yard shall be identified on the approved site plan of the particular Recreational Vehicle Park, which shall be kept on file with the Community Development Department. The front yard for a block of double frontage shall be consistent the length of that block. Double frontage lots are not eligible for special situation consideration or designation. Any deviation or change to the front yard designation that does not include the adjustment of the entire block shall only be approved by the Board of Adjustment in accordance with Section 10.01.00. PARAGRAPHS Q(1)(A)(2) THROUGH Q(2): NO CHANGES 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. Double Underline is for addition SL~k= Tl,~uu~l, is for deletion Ordinance 99-017fnl Page 3 Final Print Date: 10/13/99 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PART C. OR BOOK i-~08 SEVERABILITY. PAGE 2??8 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not'affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout 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 filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice-Chairman John D. Bruhn Commissioner Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward AYE AYE AYE AYE AYE Double Underline is for addition is for deletion Ordinance 99-017fnl Page 4 Final Print Date: 10/13/99 OR BOOK i2§8 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 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 re-numbered or re- lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ENACTED this 7th day of September, 1999. ATTEST: BY: BOARD OF COUN'FY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM%/-" AND C~)t~RECTNESS: hf H: \WP\ORD\99-017 Db~'U~tine is for addition · ~ .... = **~z~u~ · is for deletion Ordinance 99-017fnl Page 5 Final Print Date: 10/13/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ~~ 32 33 34 35 36 37 o1 ORDINANCE NO. 99-018 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.09.04(E), LANDSCAPED BUFFER AREAS BETWEEN NON-RESIDENTIAL AND RESIDENTIAL USES, BY AMENDING THE REQUIREMENTS FOR CONTINUOUS SCREENING BETWEEN RESIDENTIAL AND NON- RESIDENTIAL USES; BY PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - March 14, 1991 91-09 May 14, 1991 91-21 - November 7, 1991 92-17 June 2, 1992 93-01 - February 16, 1993 93-03 February 16, 1993 93-05 - May 25, 1993 93-06 May 25, 1993 93-07 - May 25, 1993 94-07 June 22, 1994 94-18 - August 16, 1994 94-21 August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 March 4, 1997 97-09 - October 7, 1997 97-23 September 2, 1997 99-01 - February 2, 1999 99-02 April 6, 1999 99-03 - August 17, 1999 99-04 August 17, 1999 99-05 - July 20, 1999 99-15 July 20, 1999 99-16 - July 20, 1999 99-17 September 7, 1999 On May 20, 1999, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after Ordinance #99-018d Final Underline is for addition St=ik~ Ti,~gl'~ is for deletion Page 1 PRINT DATE: 11/02/99 O_-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 o publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On July 6, 1999, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the 'Port St. Lucie News and the Tribune on June 24, 1999. On July 20, 1999, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on July 9, 1999, and continued the discussion on this matter until the 21st of September, 1999. On September 21, 1999, the Board agreed to further continue the public hearing on this matter until November 2, 1999, due to scheduling conflicts as a result of Hurricane Floyd The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and 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. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT r'rl O Underline is for addition Strike TLrou9|, is for deletion Ordinance #99-018d Page 2 Final PRINT DATE: 11/02/99 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 7.09.00 7.09.04 STANDARDS LANDSCAPING AND SCREENING GENERAL LANDSCAPING REQUIREMENTS LANDSCAPED BUFFER AREAS BETVVEEN NON-RESIDENTIAL AND RESIDENTIAL USES All side and rear yard perimeter buffer areas between non-residential and residential uses shall be ped with landsca a masonry wall or opaque wood fence ,,, ho ~ ........ d,,, ~,bJ~,=,,,~.,,,o~,~,~' ................ ,,,,, ,,~, of at least six-(6) eioht (8) feet in height that forms a continuous screen between the uses. ',f such ..... :$ of nc, n ',[vin,~ f ............ ,T, ajc, r buffe~afe~. All masonry walls or opaque wood fences shall be landscaped with a continuous hedqe alonq both the inside and outside base of the wall or fence. One tree shall be planted alonq the wall or fence for each thirty (30~ linear feet or major fraction thereof of the len.qth of the wall or fence. Tree plantinqs shall be alternated so that at least 60% of the required number of trees is located on the outside of the wall or fence. The remaininq 40% of the required perimeter tree plantin.qs shall be located on the inside face of the wall or fence. All fences or walls shall be treated with an anti-cjraffiti surface treatment. It shall be the responsibility of the property owner to remove any graffiti that may be applied to the wall or fence. In addition, the owner shall be responsible for the maintenance of all landscapinq alon.q both the inside and outside edoe of any wall or fence. This landscaoino shall be maintained in a Good condition so as to present a healthy, neat, and orderly appearance free from refuse and debris. Maintenance shall include the replacement of all unhealthy and dead material within sixty (60) days in conformance with the approved site plan/or landscape plan. Violations of this section, or failure to maintain all required landscapin.q shall be .qrounds for referral to the Code Enforcement Board for appropriate enforcement actions. The 60 day rule for compliance may be extended, when necessary, by the County Administrator or his desk]nee to permit recovery from acts of nature such as a hurricane or a freeze. Feftees;, Masonry walls opaque wood fences ...................' ' may be located within any required yard, consistent with the provisions of Section 8.00.00 of this Code.,-,,, ^'' r;qu[r~d ~,~,,,,,~,~, ',and$cc. n§ ............... ~3 th ..... "" =:ch ~ ........................... The reouirement for this perimeter masonry wall or opaque wood fence may be waived bv the County Commission if it shown to the satisfaction of the County Commission either that the adioininq properties owners have si.qned a consent that indicates their desire not to have the required masonry wall or opaque wood fence constructed alon.q their property line. or that the Board determines that a waiver is necessary to preserve any siqnificant, protected or historic native veoetation. Any such consent shall be recorded in the lands records of St. Lucie County In the event that any such consent is issued, the owner of the property on which the r'rl O h3 Underline. is for addition Stilk~ Ti,=v=~:. is for deletion Ordinance #99-018d Page 3 Final PRINT DATE: 11/02/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 nonresidential development is takin.q shall only need to comply with the standards of Section 7.09.04(B) of this Code as those standards relate to perimeter screenin.q All other landscapinq provisions of this Code shall apply as applicable. Pedestrian access through any wall or fence may be permitted, however, the wall or fence shall be placed so that adequate sight distance at the pedestrian access is maintained. ~ .............. pro~,~y ........... ;-t .... "' c,r .... " ...." ......" - dj ............ to,,t ,,,th tho,,.,~,,,,~,,,,.,,,.~- .................. ,,, ,,,.~ ,.,,,~,~."'-~- Any wall or fence constructed a acent to a public or private street riqht-of-way shall be desiqned and constructed so that the wall face facinq the street or road is articulated in such manner as not to result in a continuous flat wall surface facino the street or mad ri.qht-of-way. Fi.qure 7-31 .qenerally depicts the placement of a fence or wall alon(~ a public or private street d.qht-of-way. For the purpose of this section, non-residential uses shall not include any permitted or accessory use located in the Institutional (I) or Reliqious Facilities (RF) Zonin.q District, except that a perimeter buffer area between any residential zoninq district and a permitted or accessory use in the Institutional (I) or Relioious Facilities (RF) Zoninq District, shall consist of a landscaped masonry wall. opaque wood fence, hedqe or other durable landscaped bather of at least six (6) feet in heiqht that forms a continuous screen between the uses. If a masonry wall or other non-livin.q matedal screen is used to provide this required buffer, the masonry wall or other non-livin.q matedal screen shall be landscaped with a continuous hedqe alon.q the base of the wall and with one tree for each thirty (30) linear feet or maior fraction thereof of wall lenqth. All required perimeter landscapiffq shall be located alon.q the outside of the wall. It shall be the responsibility of the property owner to maintain all landscapinq alon.q the outside edqe of any wall consistent with the requirements of thi-~ Code. To the extent permitted under Section 7.09.03(E)(7) of this Code, the Community Development Director shall encouraqe the use of preserved native veqetation as meetin.q the intent and re(~uirements of this Section. When makinq such a determination, the Community Development Director shall attach a report to the buildin.q plans or development permits, with supportinq Dhoto(~raohs or other acceptable documentation, that indicates how the existinq native veqetation meets the intent of this Section. The Community Development Director may require, a conservation easement or similar restrictive covenant, if the easement or covenant is necessary to ensure compliance with the terms of this section. Any developer seekin.q to utilize the provisions of Section 7.09.03(E)('D to meet the requirements of this Section shall be required to maintain this native preserve area in perpetuity. If this preserve area is ever substantially altered or removed so that it no Ionqer meets the intent of this Section, the developer shall be required to meet in the screeninq requirements of this Section. 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. m O Ordinance #99-018d Final Underline is for addition Stzike TLzvug|', is for deletion Page 4 PRINT DATE: 11/02/99 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 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 cimumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County'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, Flodda 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman John Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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. rl-3 O Underline is for addition St~ik~ Ti,Lv~I,, is for deletion Ordinance #99-018d Page 5 Final PRINT DATE: 11/02/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 PASSED AND DULY ENACTED this 2"d day of November, 1999 BOARD OF COUNTY ATTEST: ST. LUCIE COUNt, 'b~U~CLERK~ / BY:~~ -~ I"rl 0 Ordinance #99-018d Final Underline is for addition Stzlke Ti,rough is for deletion Page 6 PRINT DATE: 11/02/99 ORDINANCE NO. 99-21 AN ORDINANCE AMENDING CHAPTER 1-19.3 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, THEREBY AMENDING SECTION 1-19.3-41 TO PROVIDE FOR THE IMPOSITION OF AN ADDITIONAL FIVE CENT ($0.05} LOCAL OPTION MOTOR FUEL TAX UPON EVERY GALLON OF MOTOR FUEL SOLD IN ST. LUCIE COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES; FURTHER AMENDING SECTION 1-19.3-43 TO PROVIDE THAT THE TAX IMPOSED BY THIS ORDINANCE SHALL BE EFFECTIVE FROM JANUARY 1, 2000 THROUGH DECEMBER 31, 2004; PROVIDING FOR SEVERABILITY AND APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie Count, Florida, has made the following determinations: 1. This Board has previously adopted the six cent ($0.06) local option motor fuel tax pursuant to Section 336.025(1)(a), Florida Statutes and a two cent ($0.02) local option motor fuel tax pursuant to Section 336.025(1)(b), Florida Statutes. 2. Section 336.025(1)(b), Florida Statutes (1997), authorizes this Board to levy an additional three ($0.03) cent local option motor fuel tax upon every gallon of motor fuel sold in St. Lucie County and taxed under the provisions of Chapter 206, Florida Statutes. 3. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance authorizing the levy of an additional three cent ($0.03) local option motor fuel tax to fund, in part, necessary transportation expenditures within St. Lucie County. passages are deleted. Underlined passages are added. 1 O) 0 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ARTICLE IV (LOCAL OPTION MOTOR FUEL TAX) OF CHAPTER 1-19.3 (TAXATION) IS HEREBY AMENDED TO READ: Section 1-19.3-41. Levy of Local Option Motor Fuel Tax (a) Pursuant to Section 336.025, Florida Statutes {1985} as amended by Senate Bill 313 passed by the 1986 Florida Legislature, a six cent {$0.06) local option motor fuel tax is imposed upon every gallon of motor fuel and special fuel sold in St. Lucie County and taxed under the provisions of Chapter 206, Florida Statutes. (b) Pursuant to Section 336.025(1)(b), Florida Statutes, as a~cn~cd by Chapter :,, -~-~, La-~-~u, ,.,u,,,,~, an additional L,,~, five cent 0.05) local option motor fuel tax is imposed upon every gallon of motor fuel sold in St. Lucie County and taxed under the provisions of Part 1 of Chapter 206, Florida Statutes. The revenues received from the additional t-~-a five cent f$O:O~ ($0.05) local option motor fuel tax may only be utilized for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan. For purposes of this paragraph, expenditures for the construction of new roads, alternative methods of transportation, or the reconstruction or resurfacing of existing paved roads shall be deemed to increase capacity and such projects shall be included in the capital improvements element of the adopted comprehensive plan. Expenditures for purposes of this paragraph shall not include routine maintenance of roads. ~,L, ~. .... ~,~, passages are deleted. Underlined passages are added. 2 Section 1-19.3-43. Duration of Tax The four cent ($.04) local option gas tax originally imposed by this article shall be effective from September 1, 1985 through August 31, 1987, both dates inclusive. The six cent ($.06) local option gas tax imposed by this article shall be effective from September 1, 1987 through August 31, 2015, both dates inclusive. The first additional two cent ($0.02) local option motor fuel tax imposed by this article shall be effective from January 1, 1998 through August 2015, both dates inclusive. The remaining additional three cent ($0.03) local option motor fuel tax imposed by this article shall be effective from January_ 1, 2000 through December 31, 2004, both dates inclusive. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. passages are deleted. Underlined passages are added. 3 PART D. FILING WITH THE DEPARTMENT OF REVENUE. The County Attorney is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 201 Carlton Building, Tallahassee, Florida, 32301. PART E. EFFECTIVE DATE. This ordinance shall take effective upon filing with the Office of Secretary of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was by extraordinary vote as follows: Chairman Paula A. Lewis AYE Vice Chairman John D. Bruhn NAY Commissioner Cliff Barnes AYE Commissioner Doug Coward AYE Commissioner Frannie Hutchinson 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 %ection, "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. passages are deleted. Underlined passages are added. 4 PASSED A_ND DULY ADOPTED this BOARD OF COUNTY ob~ .~sSIoN~ ~' ST. LUCIE COUNTY c~ ,-'- __.- . BY: /~4~_~) _/~,_. ~7'" f"~-: APPROVED AS TO FORM AND CORRECTNESS: ~. County Attorney passages are deleted. Underlined passages are added. JoAnne H01m~n, Clerk of tile Oircuit O0urt - St. Lucie Oounty File Number:l??gr47B OR' '< -i--~'?-i PABE 0,_~2.c2 Recorded: 12-29-99 09:31 ORDTNANCE NO. 99-22 AN ORD.rNANCE AMENDTNG CHAPTER 1-20.5 WATER AND SEWER OF THE CODE OF ORDI~NANCES OF ST. LUCITE COUNTY, FLOI~DA, TO PROV.rDE FOR SECT.rON 1-20.5-1 WHI~CH WOULD PROV.rDE STANDARDS FOR F.rRE HYDRANT .rNSTALLAT.rON FOR UT.rL.rT.rES PROVTD.rNG WATER SERV.rCE .rN THE UN.rNCORPORATED AREA OF ST. LUC.rE COUNTY, FLOR.rDA; AMENDTNG SECTTON 1-20.5-40 ENFORCEMENT TO ALLOW THE F.rRE MARSHALL TO ENFORCE THE PROV.rS.rONS OF THE ORD.rNANCE; PROV.rD.rNG FURTHER FOR CONFL.rCT.rNG PROV.rS.rONS; PROV.rD.rNG SEVERAB.rL.rTY AND APPL.rCAB.rL.rTY; PROV.rD.rNG F.rLTNG W.rTH THE DEPARTMENT OF STATE; PROVTD.rNG AN EFFECT.rNG DATE; PROVTD.rNG ADOPTTON; AND PROV.rDTNG CODTF.rCATTON WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: :[. St. Lucie County has recently experienced devastating brush fires resulting in property damage of several million dollars; and, 2. Adoption of regulations pertaining to fire hydrant installation within the unincorporated area of St. Lucie County is essential to the health, safety and welfare of the citizens of St. Lucie County; and, 3. The St. Lucie County Fire District has recommended that the County adopt Ordinance No. 99-22. NOW, THEREFORE~ BE .rT ORDA.rNED BY THE BOARD OF COUNTY COMM.rSS.rONERS OF ST. LUC.rE COUNTY, FLOR.rDA, as follows: PART A. ART'rCLE 'r "REGULAT'rON OF WATER AND SEWER UT.rL.rT.rES" OF CHAPTER 1-20.5, "WATER AND SEWER" OF THE CODE OF ORD'rNANCES OF ST. LUCI'E COUNTY, FLOR.rDA, 'rs AMENDED AS FOLLOWS: Section 1-20.5-1 Standards for Fire Hydrant .rnstallation Any water utility_ providing water service within unincorporated St. Lucie County shall comply with the followino sl;~nd~rd$ for w~t;~r m~ins, lin~ or connections installed or replaced after the effective date of this ordinance: OR BOOK i27i PAGE 05Z " (A) There shall be fire hydrants located and in service within 600 feet of each other in all areas zoned for single-family residential usaoe, multi-family, commercial, and industrial usage for flows requirina 1.000 aallons per minute. The hydrant spacino requirements shall be 1,000 feet for fire flows requiring 500 gallons per minute. (B) All fire hydrants shall be located within dedicated public or private rights- of way, which shall be paved or readily traversable by firefi0htin(~ equipment, with required minimum separation distance to be measured by roadway travel thereon. (C) All water mains intended and providing water for fire protection shall have a diameter Of no less than eight inches, except that lower sizes of not less than six inches may be allowed by the St. Lucie County Fire District based on needed fire flow as determined by the Fire District. (D) The minimum size water main{s) and fire flows shall be determined by the Fire Marshal and based on the current Insurance Service Office (TSO) requirements. (E) There shall be no reo_uirements for the establishment of fire hydrants in areas zoned for agricultural usage. (F) For the purposes of this section, water utility means any private utility or public; governmentally owned utility operatino providing water service in unincorporated St. Lucie County. 1-20.5-40 Enforcement Every police officer, sheriff, or fire marshall having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article. In addition, the county administrator may also delegate enforcement responsibility for this article to agencies and departments of county government, or cities in the service areas governed by this article, in accordance with state and local 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 l, 1969, St. Lucie County ordinances and St. Lucie 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. l~f 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. OR BOOK 1271 PfiB£ 05~_,L. PART D. FZLZNG WTTH 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. EFFECTZVE DATE. This ordinance shall take effect upon filing with the Department of State. PART F. COD1'Fi'CATZON. 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 7th day of December, 1999. BOARD OF COUNTY COMMZSS:[ONE ~R~., ATTEST: DEPUTY CLERK ST. LUCZE COUNTY, FLORZDA ~,~,; F'.~~ ~.~ APPROV[D AS TO FORH A~D CORRECT ESS: COU Y ORDINANCE NO. 99-24 AN ORDINANCE AMENDING SECTION 2-5-6 {DISPLAY OF STATE REGISTRATION NUMBER) TO REQUIRE DISPLAY OF COUNTY REGISTRATION NUMBER, IN ADDITION TO STATE REGISTRATION NUMBER, BY THOSE CONTRACTORS WHO ARE REQUIRED TO BE REGISTERED AS A CONTRACTOR WITH THE COUNTY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The State of Florida has determined that construction and home improvement industries may pose significant harm to the public when incompetent or dishonest contractors provide unsafe, unstable or short-lived products or services, and further, that it is necessary in the interest of the public health, safety and welfare to regulate the construction and home improvement industries. 2. The State of Florida regulates construction and home improvement industries by providing for certification or registration of competent, qualified contractors, pursuant to Chapter 489, Florida Statutes. St. Lucie County regulates these industries by providing for certification through certificates of competency issued to competent, qualified contractors, pursuant to Laws of Florida, Chapter 67-2000, codified as Chapter 2-5, St. Lucie County Code of Ordinances and Compiled Laws. 3. It is necessary to amend Section 2-5-6 {Display of State Registration) to provide that any contractor required to be certified in St. Lucie county display their County certification number in any advertising. Contractors who are County Certified and required to be State Registered, will only be required to display their State Registration in any advertising. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. AMENDMENT OF SECTION 2-5-6 {DISPLAY OF STATE REGISTRATION NUMBER~ Section 2-5-6 (Display of State Registration Number) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended as follows: passages are deleted. Underlined passages are added. Section 2-5-6. Display of State Registration and County_ Certification Numbers. Any contractor regulated pursuant to this article shall include its~,~,~ ° ....... ,,, ,.,~,,,,~a'---'-' St. Lucie Countx, certification number, and if required to be registered as a contractor by the State of Flori-da sh.all only be required to displa_v its State of Florida re_aistration m~mber in any newspaper, an'wave transmission, phone directory, other advertising medium that is primarily circulated, displayed, distributed or marketed within St. Lucie County and offers services of the contractor which are regulated by this article. For the purpose of this article, the term "advertise" shall apply to business cards, business stationary, business proposals, contracts, construction site signs, handbills, billboards, flyers, trade association publications, classified advertisements, and manufacturer's authorized dealer listings, and signs on vehicles, but shall not include balloons, pencils, pens, hats, articles of clothing or other promotional novelties, or free phone directory listings of one (1) to three (3) lines which display only the contractor's name and telephone number in whole or in part unbolded or unhighlighted print or without further textual or pictorial elaboration in the overall display. All contractors licensed under this article shall prominently display the contractor's name or name of the business organization for which he is qualifying agent and the contractor's state registration number or coun~ certification number if they_ are not required to be registered as a contractor by the State of Florida on (~ all contractor-owned motor vehicles used in transporting equipment and/or materials to a construction site, when the vehicle is on a construction or job site. The minimum height of each number or letter shall be two (2) inches. This information shall be affixed and plainly visible in two (2) locations on each such motor vehicle. PART B. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. PART D. APPLICABILITY. This ordinance shall be applicable throughout the unincorporated areas of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida. passages are deleted. Underlined passages are added. 2 PART F. EFFECTIVE DATE. This ordinance shall take effect upon filiug with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman John D. Bruhn Commissioner Cliff Barnes Commissioner Frannie Hutchinson Commissioner Doug Coward AYE AYE ABSENT AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. ATTEST: ~~e~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY Chairman ~/' ,/- APPROVED AS TO FORM AND CORRECTNESS: &si, County Attorney through passages are deleted. Underlined passages are added. 3 JoAnne Holman, Clerk of the Cirp~t Court - St. Lucie County File Number:1774477 OR [ ~271 PAGE 0515 Recorded: 12-29-99 09:31 ~.M. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, AMENDING CHAPTER 1-14 "OFFENSES AND MISCELLANEOUS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY ADDING A NEW ARTICLE III ENTITLED "MOTOR VEHICLE TITLE LOANS"; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATION OF MOTOR VEHICLE TITLE LOAN TRANSACTIONS; PROVIDING FOR ESTABLISHMENT OF A MAXIMUM INTEREST RATE CHARGEABLE BY THE LENDER; PROVIDING FOR DISCLOSURES; PROVIDING FOR LICENSES AND FEES; PROVIDING FOR INSPECTING RECORDS AND PREMISES; PROVIDING FOR PENALTIES; PROVIDING FOR AN ADDITIONAL REMEDY OF THE BORROWER AND PR/VATE RIGHT OF ACTION; PROVIDING FOR A TRANSITION PER/OD FOR REGULATIONS, RESTRICTZONS AND LICENSEE PROVISIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY OF THE ORDINANCE COUNTY-WIDE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 538.17, Florida Statutes permits political subdivisions of the State of Florida to enact laws more restrictive than the provisions of Chapter 538, Part Z, Florida Statutes; and, WHEREAS, St. Lucie County, Florida, as such a political subdivision finds that consumers within its jurisdiction are in need of greater consumer protection for motor vehicle title loan transactions than are provided in Chapter 538, Part Z, Florida Statutes, and has also determined that more restrictive provisions are necessary for the protection of St. Lucie County's consumers; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, that: OR BOOK 12'7'1 PAGE 05 , Part A. The Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding an Article to be numbered Article III, "Motor Vehicle Title Loans" in Chapter 1-14, "Offenses and Miscellaneous" which Article reads as follows: ARTI~ MOTOR VEHICLE TITLE LOAN~ Section 1-14-30. ' n i~_~jDjJ;~2D~ (1) "Title Loan Agreement" means a written aoreement whereby a secondhand dealer agrees to make a loan of a specific sum of money to the owner Of a motor vehicle, and the owner of the motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned by the borrower and encumbered only by a title loan agreement (2) "Secondhand dealer" has the same meaning as used in Section 538.03(1)(a), Florida Statutes, as it may be amended from time to time. Section 1-14-31 Motor vehicle title loan transactions. A secondhand dealer reoistered under Chapter 538. Part T, Florida Statutes, may engage in motor vehicle title loan transactions, as that term is used in Chapter 538, Part z, Florida Statutes, if the following conditions are met: (a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title; and, (b) The borrower maintains possession Of, or control over, the motor vehicle throughout the term of the loan; and, (c) The borrower is not reguired to pay rent or any other change for the use of the motor vehicle; and, (d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement ~howing the loan amount, origination date, maturity date, OR BOOK 1271 PA~ 0517 finance charges, a description of the security, the name and address of the borrower and the secondhand dealer, the rate of interest expressed in terms of annual percentage rate, the total number of payments reouired, and the total amount reouired to be paid over the life of the loan. In the event the borrower has a right to renew the loan, the secondhand dealer must deliver a statement with the information re0uired herein for each renewal; and (e) The title loan aQreement contains the followino statement printed in not less than 14 point type: ~L~ "Your vehicle has been pledged as security for this loan and if you do not repay this loan in full, including the finance change, YOU WILL LOSF YOUR VEHICLE. (ii) You are encouraaed to repay this loan at the end of the :30 day period. The lender may not be required to extend or renew your loan. It is important that you plan your finances so that you can today this loan as soon as possible. (iii) THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 2 1/2% PER MONTH OR AN ANNUAl PERCENTAGE RATE OF :30%. (iv) The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen, it has no liens or encumbrances against it, the borrower has the riQht to enter into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for a duplicate certificate of title while the title loan a0reement is in effect, and that doin~ so will be a violation Of law. 1271 ~ 05id (v) If you are a member of the Armed Forces of the United States of America, you may be eliQible for financial assistance. You are urged tn ex01ore these options with a re0resentative of your commandino officer. (vi) Immediately above the si0nature of the borrower the statement that "I, the borrower declare that the information I have provided is true and correct and I have read and understand the foregoing document:. (vii) The secondhand dealer must display, in a 0rominent place. in the title loan premises, for customer viewino, a siQn no smaller than three feet by five feet with the following messaoe written in letters no less than two inches high: "IF YOU RECEIVE A TITLE LOAN~ YOUR VEHICLE WILL BF PLEDGED AS SECURITY FOR THE LOAN, IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCF CHARGES, YOU WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2 1/2% PER MONTH OR AN ANNUAl PERCENTAGE RATE OF 30%. MEMBERS OF THE UNITED STATES ARMED SERVICES MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE AND THEY ARE URGED TO EXPLORE ALL OP'I-~ON$ W1TH REPRESENTATIVES OF THEIR COMMANDING OFFICER." Section 1-14-32. Maximum interest rate. Maximum Interest Rate. A secondhand dealer who enoages in title loan transactions may not exceed the followine interest rates' (a) percent per unsatisfied. A secondhand dealer may charge an interest rate not to exceed 2 1/~ 30-day period the title loan agreement remains outstanding and In determining compliance with the maximum interest and financ~ charQes, the computation must be simple interest and not add-on interest or any other interest computation. (b) The annual percentage rate that may be charged in a motor vehicle title loan may et]ual, but not exceed, the annual percentage rate that must be computed and disclosed as req~Jired by the Federal Truth in Lending Act and Re_~ulation Z of the Board of Governors of the Federal Reserve System. When the period for which the charge is computed is more or less than one month, the maximum rate for the period must be computed on a basis of 1/30 the applicable monthly interest rate, multiplied by the number of days of the period. (_c) Any transaction involvina a borrower's delivery of a motor vehicle. certificate of title in exchange for the advancement of funds on the condition that the borrower shall or may redeem or repurchase the certificate of title upon the payment of a sum of money, whether the transaction be characterized as "buy-sell aQreement", "sale-leaseback agreement", or otherwise, shall be deemed a violation of thi.~ ordinance if such sum exceeds the amount that a secondhand dealer may collect in ,~ title loan agreement under this ordinance or if the terms of the transaction otherwise conflict with the permitted terms and conditions of a title loan agreement under this ordinance. (d) Any fees or taxes paid to a state agency and directly related to an individual title loan transaction may be collected from the borrower and shall be in addition to the permitted finance and interest charge. OR BOOK 1271 ~ 0520 (e) No charQes: including interest: in excess of the combined tota~ of charQes oermitted bY this section shah be allowed Section 1-14-33. Transaction Satisfaction and Default (1) When the title loan has been paid in full, the secondhand dealer shall deliver to the borrower a certificate of title clear of all encumbrances placed upon tho title by the secondhand dealer within 30 days of such payment in full. (2) A secondhand dealer who en~ages in title loan transactions may possession of the motor vehicle upon the borrowers default under the title 10an agreement. Unless the borrower voluntarily surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle through an acjent licensed by the State of Florida to repossess motor vehicles (3) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comoly with the applicable requirements of Chapter 679, Par1; V, Florida Statutes. as is amended from time to time. (4) Disposition of the collateral or motor vehicle may be by public or private. proceedincj$ and may be made by way of one or more contracts. Sale or other disposition may be as a unit or in parts and at any time and place and on any terms. but eve~ aspect of the disposition including the method, manner, time, place and terms including surplus of the debt must be commercially reasonabl~. Section 1-14-34. License~. (1) No secondhand dealer may en0age in business as a title loan lender thre~. months after the effective date of this ordinance unless the secondhand dealer ha5 a valid license issued by St. Lucie County. A seoarate license will be required for each physical location of title loan business. The County shall issue more than one licenso OR BOOK 1271 PAGE 05~ to an applicant if that applicant complies with the re0uirements of this Part for each license. (2) An application for a license pursuant to this Part must be submitted tO tho. County_ on such form as the County may prescribe. If the County determines that an application should be granted, it shall issue the license for a period not to exceed two ¢2) years. A non-refundable application and license fee not exceeding $1,250.00 shall accompany an initial application for each title loan location. (3) The County shall char_oe a biennial renewal fee of $1,000.00. A license that is not renewed at the end of each two-year period shall automatically becomo. inactive. An inactive license may be reactivated within 90 days after the date it became inactive upon the submission of a completed reactivation form and payment of a reactivation fee not exceedino $200 and a biennial license fee of $1,000.00. NO inactive license may be reactivated after 90 days (4) Each license must sPecifY the location for which it is issued and must be conspicuously displayed at that Ioc~tion. When a licensee wishes to move a title loan office to another location, the licensee shall give thirty ~30) days prior written noti¢o. to the County_ by certified or registered mail, return receipt re0uested: and the County shall then amend the license accordinoly. A license issued pursuant to this Part is not transferable or assionable. (5) Books. accounts and records; maintenance and examinations by the County. (a) Each licensee shall maintain, at the principal place of business desionated on the license, all books~ accounts~ records, and documents necessary to determine the licensee's compliance with this Part. OR~K 1271 P~ 05~-- (b) The County may authorize maintenance of records at a location other than a principal place of business. The County may reouire books and records to be produced and available at a reasonable and convenient location within tho, County. (c) All books, accounts, records, documents and receipts for expenses paid by the licensee on behalf of the borrower, includina each contract sianed by tho borrower and expenses incurred by the licensee in event of foreclosure and property recovery, will be preserved and kept available for examination by the County for two (2) years after the date of original entry_ (d) The County_ may prescribe by resolution the minimum information to be shown in the books, accounts, records, and documents of licensees so that such records will enable the County to determine the licensee's compliance with this Part. (6) Each licensee shall designate and m~intain an agent in this state for service of Drocess. (7) A licensee must aPPly to the County for a new license upon a change in ownership of 25% or more by a natural person in any title loan location Or office. NO application for a license or an application for transfer of an existing license is reauired for any change, directly, or beneficially, in the ownership of a title loan location if one or more of the holders Of at least 75 percent of the outstandina eauity interest in the title loan location or office before the change in ownership continue to hold at least 75 percent of the outstanding eauJtv interest in the title loan location or Office after th,". change in ownership. (8) To be eligible for a title loan lendino license; an applicant shall: (a) File with the County a bond in the amount of $35_.000.00 for each license with a surety company 0ualified to do business in this state. In lieu of the [~ I~)OK 1271 Pi:tGE 05~ bond: the ao_olicant may establish a certificate of deoosit or an irrevocable letter Of credit in a Florida financial institution in the amount of the bond. The original bond, certificate of deposit or le~er of credit shall be filed with the County and the County shall be the beneficia~ of such instrument. The bond: certificate of deDosit or lelTer of credit shall be in favor of the County for the use and benefit of any consumer who is in_lured in the context of a title loan transaction by the fraud: misreoresentaUon, breach of contract; financial failure: unfair or deceotive trade _oracUce; dis¢losurn violation or violations of any provisions of this Part bv the licensee. Such liability shall be enforced by the filing of a suit in a court of comDetent iurisdiction. (b) Not have been convicted of a felony within the last ten years or b~. amino on behalf of a beneficial owner who has been convicted of a felony within the last ten years. (C) Not have been convicted; nor a~ino on behalf of a beneficial owner who has been convicted: of a crime that the County finds directly related to the duties and res_oonsibiliUes of a title loan lender within the _oast ten years. (9) The County shall determine the form of the license (10) No Dart of this ordinance may be construed to imDair Or affect th~. obligaUon of any title loan aoreement which was lawfully entered into orior to the effective date of this ordinance. (11) Licensees shall reoort chanoes in address: location of records: and any chanpe of an executive officer within 30 days Of the change. Section 1-14-~$. Violations and Penalties. (1) The followina acts are violations of this Part and shall constitute around$ for disciplinary action: OR BOOK 1271 Pi:F...~ 05: (a) Failure tO comply with any provision of this Part, rule adopted under this Part by the County or any written aoreement entered into with the County (b) Fraud, misrepresentation, deceit or oross negli~oence in any title loan transaction. (c) Fraudulent misrepresentation, circumvention, or concealment of any matter re0uired to be stated or furnished to a consumer pursuant to this Part. (d) Willful imposition of illeoal charges on any title loan transaction (e) False, deceptive, or misleadinq advertising by a licensee. (f) Failure to maintain, preserve and keep available for examination. all books, accounts, or other documents reouired by this Part, state or federal law, or by any agreement entered into with the County (g) Aiding, abetting, or conspiring with an individual to circumvent or violate any of the reouirements of this Part, state or federal law, relatino to title loan (h) Refusal to permit inspection of books or records in an investioation or examination by the County or refusal to comply with a subpoena issued by the County. ~ Criminal conduct in the course of a licensee's busines~ a~ a title lender. LQ Knowingly entering into a title loan aoreement with a person under the aoe of 18 years. {k) Making any aoreement re0uiring or allowing for the personal liability of a pledgor or the waiver of any of the provisions Of this Part ~D Knowinoly enterin0 into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apoarent_ ~ ~ 1271 P~ 052~ or with any person using a name other than his own name or the reaistered name Of (m) Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured bv any sinole certificate of title exceed~ one third of the value of the motor vehicle. The County. shall determine the method of assessina the value of the pledged property. (n) Failure to exercise reasonable care in the safekeepino Of th~ certificate of title or motor vehicle repossessed pursuant to this Part (o) Failure to return the certificate of title or motor vehicle taken into possession to a borrower, with any and all of the title lender's liens on the property properly released, within 30 days of the payment of the full amount due, unless tho. property has been seized or impounded by an authorized law enforcement agency_. taken into custody by a court, or otherwise disposed of by couri; order. (_o) Charoing or receiving any finance charge, interest, cost. or fee which is not permitted by his Part. (~.) EnQaging in business as a title lender without first securing the reguired license. (r) Refusing to accept partial repayment of the amount financed when all accrued finance charges have been paid. (s) Charoing a prepayment penalty. ~] Capitalizing any unpaid finance charoe as part of the amount financed in the renewal of a title loan agreement. (u) Actino as a title loan lender in St. Lucie County three months after the effective date of this ordinance without a current, active license issued by tho, County pursuant to this Part. OR BOOK "!27"~ Pi~E 052:0 (~v~) I~noa~jincj in any practice or transaction or course of business relatincj to the makincl of a title loan, neootiation, promotion, advertisement; h_vpothecation of: a title loan transaction, directly or indirectl~v; and. ~ TO knowin_clly or willin_~l¥ emplo_v an_v devise, scheme or article to defraud; (~ii~) To enpaoe in any transaction, Dractice or course of business which oeerates as a fraud upon any person in connection with the purchase or sale of (iii) To obtain property bv fraud, willful misrepresentation of future act or false promise. (~w~) In any manner within the _~urisdiction of: the County_, to knowinclly and willfully falsify: conceal or cover up by a trick: scheme or devise a material fact: make any false or fraudulent statement or representation, or make or USe any writino or document: knowinp the same to contain any false or fraudulent statemen, or entry. (~X) Commission of: fraud: misrepresentation: concealment: dishonest dealino b_v trick, scheme or device: culpable ne_oli_~ence, or breach of trust in any loan transaction which is within the _~urisdiction of this County; or aidin_o, assis~;in_cl, or conspirin_(~ with any other _~erson ~,n_qa_qed in any such misconduct and in furtherance thereof. (~2) Upon a findinQ bv the Coun~ that the licensee or applicant has committed any of the acts set forth in subsection (_al hereof: the Country may enter an order and take one or more of the followinp actions: (a) Denny the application for a license pursuant to this ordinance Part. (b) Revoke or suspend a license previously aranted pursuant to this (_C) of time and subiect to such conditions as the County may spe(;ify. (d) Issue a letter Of concern or reprimand. (e) Place permanent restrictions or conditions u0on issuance or maintenance of a license pursuant to this ordinance. (f) ImDose an administrative fine not to exceed $2,500.00 for each violation Of this Part. (g) The County shall be entitled to a reasonable attorney's fees_. includino appellate fees and costs, in an action successfully enforcing any fine imposed under this Part. (3) When the County has reasonable cause to believe that a licensee is o0erating in violation of this Part, it may brino a civil action in any court of com0etent _iurisdiction to enforce or administer this Part including a temporary_ or permanent iniunction, or aooointment of a receiver (4) The County_ may adopt regulations which set forth with s0ecificity acts or practices which violate this Part and which prescribe 0rocedural rules for the administration of this Part. Section 1-14-36. Additional remedy to borrower, _private ri0ht of action. Any borrower in_~ured bv a violation of this part may bring an action for recovery_ of damages including twice the interest previously paid and the forfeiture of all interest charoed, or contracted to be charoed or reserved. Said borrower may recover reasonable attorney's fees and costs of such action. An award may be entered for Place a licensee or apDlicant for a license on probation for a period O~ ~001~ 1271 P~ O5~d punitive damaaes. The remedies orovided for under this part are in addition to any other orocedures or remedies for any violation provided in any other law or ordin~n¢~ Section 1-14-47 Transition _oeriod for repulations, restrictions, and licensure r~rovisions. Each secondhand dealer operating as a title loan lender on the effective date of this ordinance shall have three months from the effective date of this ordinance to comoly with the regulations, restrictions, and licensure provisions of this Part before, the County may initiate any administrative or civil action, or refer a matter for criminal prosecution. Part B. Conflict by Provisions, All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict, as of the effective date of this ordinance. Part C. Severability. If any word, phrase, clause, section, or portion of this Ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. Part D. Applicability - County-wide This ordinance shall be applicable county-wide except where in conflict with an adopted municipal ordinance to the extent of the conflict. Part E. Effective Date. This ordinance shall be effective on .]anuary 1, 2000. OR BOOK 1271 PRGE 052::c::1'/1~ Part F. Adoption. After motion and second, the vote on this ordinance was as follows: Section 5. Chaii-man John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Paula A. Lewis Codification. AYE AYE AYE AYE AYE Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section, "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through E shall not be codified. PASSED AND DULY ADOPTED this 7th day of Depufy Cle~ JoAnne Holm~n, Clerk of the C~P'~ 'r Court - St. Lucie County File Number.l?55S~71 OR BOOK::.SI2254 PAGE 2?48 Recorded: lO-OB-gg 10:35 A.M. . ~. 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 ORDINANCE 99-26 FILE NO.: PA 99-002 AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION OF THE ST. LUClE 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, based on the testimony and evidence including but not limited to the staff report has made the following determinations: Surf 'n' Sand Properties, Inc... presented a petition for a change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium). On August 19, 1999, the St. Lucie County Local Planning Agency held a public hearing on the petition, after publishing notice at least 10 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 Designation from COM (Commercial) to RM (Residential Medium) for the property described in Part A. On September 21, 1999, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail the owners of property within 500 feet of the property described in Part A. The proposed change in land use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan as described in Part B. File No.: PA-99-002 September 21, 1999 Ordinance 99-26 Page 1 OR BOOK '1254 P~GE 2'74~ 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 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE DESIGNATION The future land use designation set forth in the St. Lucie County Comprehensive Plan for the property described as follows: Parcel 1 Tract "Q", Coral Cove Beach Section One, a subdivision of St. Lucie County, Florida, according to the Plat thereof, recorded in Plat Book 11, Page 30 "A" and "B" of the Public Records of St. Lucie County, Florida, And Also: The following described lot, piece, or parcel of land situate lying and being in the County of St. Lucie, State of Florida, To-wit: All that part of Government Lots 3 and 4, Section 25, Township 34 South, Range 40 East, lying east of the east line of Tract "Q", of Coral Cove Beach Section One, according to the Plat thereof as recorded in Plat Book 11, Pages 30-A and 30-B of the Public Records of St. Lucie County, Florida, and lying west of the Mean High Water Line of the Atlantic Ocean as it exists from time to time, and lying south of the north line of Tract "Q" of Coral Cove Beach Section One as extended from its intersection with the east line of said Tract "Q" along its same bearing to the Mean High Water Line of the Atlantic Ocean, and lying north of the south line of Tract "Q" as extended from its intersection with the east line of Tract "Q" of Coral Cove Beach Section One along its same bearing to the Mean High Water Line of the Atlantic Ocean. (Part of Tax ID. No. 1425-701-0220-00018). (Location: 3000 North State Road A-l-A) owned by Surf 'n' Sand Properties, Inc., is hereby changed from COM (Commercial) to RM (Residential Medium). 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 Objective 1.1.8, Policies 1.1.8.6, 1.1.8.7 of the Future Land Use Element and Policies 7.1.1.1 and 7.1.1.4 of the Coastal Management Element. File No.: PA-99-002 Ordinance 99-26 September 21, 1999 Page 2 OR BO0 i254 PAGE 2750 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 CHANGES TO THE FUTURE LAND USE MAPS The St. Lucie County Community Development Director 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. 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. 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. 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. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Community Development Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2555 S. Shumard Oak Blvd., Tallahassee, Florida, 32399-2100. File No.: PA-99-002 Ordinance 99-26 September 21, 1999 Page 3 OR BOOK i254 PAGE 2751 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 39 40 41 42 I. EFFECTIVE DATE This Ordinance shall take effect thirty one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or the Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). J. ADOPTION After motion and second, the vote on this issue was as follows: Chairman Paula A. Lewis AYE Vice-Chairman John D. Bruhn AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE Commissioner Cliff Barnes AYE PASSED AND DULY ADOPTED This 21st Day of September, 1999. ~ APPROVED AS TO FOR~ ATTES ~:'.~,',~~_./~,~-~ CORR"-'"'"NESS:cx~ H:\Wp\Land_Uso_Chango\Surf-n-Sand\ordian¢o.wpd BOARD OF COUNTY COMMISSIONERS.~; ST. LUCIE COUNTY, FLORIDA File No.: PA-99-002 b~E E;.k~8 September 21, 1999 O~ ~OOK T ~l~ ~l- Ordinance 99-26 {~Jf~l~q~ Page 4 ORDI'NANCE NO. 99-27 AN ORD'rNANCE AMEND1'NG ARTZCLE ! (I'N GENERAL) OF CHAPTER 1-7 (COURTS) OF THE ST. LUCZE COUNTY CODE OF ORD'rNANCES TO PROVZDE FOR THE ESTABLZSHMENT OF A C'rV'rL TRAFFZC ]:NFRACTTON FUND; FURTHER PROVZDZNG FOR CONFLZCTZNG PROVZSZONS; PROVI'DTNG FOR SEVERAB'rL'rTy AND APPLZCABZLZTY; PROVZDZNG FOR FZLZNG Wi'TH THE DEPARTMENT OF STATE; PROV'rDI'NG FOR AN EFFECTZVE DATE; PROV'rD'rNG FOR ADOPTTON; AND PROV'rD'rNG FOR CODZFZCATZON. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 318.30 - 318.38, Florida Statutes, and Rule 6.630 of the Florida Rules of Traffic Court, provide for the establishment of a Civil Traffic Infraction Hearing Officer Program. 2. The Chief 3udge for the Nineteenth .ludicial Circuit, pursuant to Administrative Orders 99-09 and 99-10, has established a Civil Traffic Hearing Officer Program for St. Lucie county and has directed the County to establish a Civil Traffic Infraction Fund by November 1, :L999. 3. This Board has determined that it is necessary and in the best interest of the citizens of St. Lucie County, Florida, to amend Article I of Chapter 1-7 of the St. Lucie County Code of Ordinances to establish a Civil Traffic Infraction Fund for St. Lucie County. NOW~ THEREFORE, BE 'rT ORDA'rNED by the Board of County Commissioners of St. Lucie County, Florida' ~, ..........~.. ~ .... ~o are deleted. Underlined passages are added. Article ! (General) of Chapter 1-7 (Courts) of the St. Lucie County Code of Ordinances is hereby amended to add Section 1-7-13 "Civil Traffic Infraction Fund" as follows: Chapter 1-7 COURTS ARTZCLE Z. ZN GENERAL PART A. Section 1-7-13. Civil Traffic Znfraction Fund. Effective November 1, 1999, there is created a separate fund titled "Civil Traffic !nfraction Fund". All monies deposited in the fund by the Clerk pursuant tO Administrative Order shall be used to pay expenses of the Civil Traffic Hearing Officer Prooram as approved by the Chief ]udoe of the Nineteenth .ludicial Circuit pursuant; to the budget for the Program established by the Board of County Commissioners. PART B, CONFL'rCTZNG PROVI'SZONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, Count 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, SEVERABZL'rTy AND APPLZCAB'rL'rTy. If any portion of this ordinance Js 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. m 0 · -,,,,., ........ e,, pass&,~as are deleted. Underlined Dassaqes are added. 2 PART D, F]:LING W:~TH 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. EFFECTTVE DATE. This ordinance shall take effect upon filing with the Secretary of State. PART F. ADOPT:~ON. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Paula A. Lewis AYE Vice Chairman 3ohn D. Bruhn NAY Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE COD]:F]:CATION. 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, the parts B through G shall not be codified. ~3 --~ 0'3 m ,~, ...., ..... ~,, ,oooo~o are deleted. Underlined passages are added. 3 PASSED AND DULY ENACTED this lOth day of November, 1999. BOARD OF COUN~ i ST. LUC=E COU~ APPROVED )AS TO g~l ND BY: ~ County Att~ r.,.3 I...:. c) ',,0 4 JoAnne Holman, Clerk of the Cirr' ~.~ Court - St. Lucie County File Number:iT71184 OR B, 1268 PAGE 1045 Recorded: 12-14-99 01:17 P.M. ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE NO. 99-029 AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUClE COUNTY, FLORIDA; ESTABLISHING THE RESERVE COMMUNITY DEVELOPMENT DISTRICT #2, ESTABLISHING BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND SETTING FORTH THE VOTE ON ADOPTION Whereas, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: The Board is authorized, pursuant to Sections 125.01 and190.005, Florida Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the county. Reserve Homes Ltd., L.P., a Florida Corporation, has filed with the Board a petition for the establishment of a community development district, which petition contains the information required by Section 190.005(I)(a), Florida Statutes. In accordance with Section 190.005(I)(d) and (2)(b), Florida Statutes, the Board held a public hearing on November 23, 1999, after publishing notice of such hearing in the Tribune and the Port St. Lucie News on October 26, 1999 and November 2, 9 and 17, 1999. (a) The Board has considered the record of the public hearing and the factors set forth in Section 190.005(I)(e), Florida Statutes, and has found that: (b) All statements contained within the petition are true and correct; (c) The creation of the district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; (d) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; Ord. 99-029 Final Underline Is for Addition ,.,.,.~ Through Is for Deletion Page 1 Print Date: 11/23/99 OR BOOK 1~8 PAGE io4o 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 (e) (0 (g) The district is the best alternative available for delivering community development services and facilities to the area that will be served by the district; The community development services and facilities of the district will be compatible with the capacity and uses of existing local and regional community development services and facilities; and The area that will be served by the district is amenable to separate special-district government. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE VI "THE RESERVE COMMUNITY DEVELOPMENT DISTRICT #2" OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO READ: Section 1-6.5-70. Established; Name. The Reserve Community Development District #2 is hereby established. Section 1-6.5-71. Boundaries. The boundaries of the Reserve Community Development District #2 are as set forth in the legal description contained in the attached Exhibit A. Section 1-6.5-72. Initial Board of Supervisors. The following five persons are designated as the initial members of the Board of Supervisors of the Reserve Community Development District #2: John Caspo, John Tompson, Lawerence Leropoli, Robert Vail, and William Cioffoletti Section 1-6.5-73. Special Conditions. The following special conditions shall apply to the creation, operation, and existence of the Reserve Community Development District #2: The powers and responsibilities of the Reserve Community Development District #2 shall be limited to the following: ao Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges. bo Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting Underline Is for Addition ..... T~rc, u,~h Is for Deletion Ord. 99-029 Page 2 Final Print Date: 11/23/99 OR BOOK i268 PAGE i047 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 intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right- of-way, highway, grade, fill, or cut. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage. Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. Any other project within or without the boundaries of a district when a local government issued a development order pursuant to s. 380. 06 or s. 380. 061 approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located. No other powers duties or responsibilities are authorized for this District un/ess this approval ordinance is amended consistent with Applicable Florida Law. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. No publicly owned property that may be located within the legal description of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained or operated by the Community Development Described #2. Underline Is for Addition Ord. 99-029 ~i~ Th~,;;~.5 Is for Deletion Page 3 Final Print Date: 11/23/99 OR BOOK 1~68 P'RG5 i04, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. 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 filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman John Bruhn AYE Vice Chairman Frannie Hutchinson AYE Commissioner Cliff Barnes AYE Commissioner Doug Coward AYE Commissioner Paula A. Lewis AYE Underline Is for Addition Ord. 99-029 vu,,~ ..............., ,,,,,,~u,, Is for Deletion Page 4 Final Print Date: 11/23/99 OR BOOK 12f68 P~GE 104 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 PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 23rd day of November, 1999 BOARD OF COUN~ COMMISS'~~: ~ A~EST: ST. LUCIE COUNt, FLORIDA ?-.:'~"?~..~::~;~ '?~ ~'. ' BY: CHAIRMAN APPROVED AS TO FORM AND '~ORRECTNESS: COUIN'IW A~Y DJM O R99029A(reserve) Underline Is for Addition Ord. 99-029 Ctr[',~ Th~c,::Gh Is for Deletion Page 5 Final Pdnt Date: 11/23/99 OR BOOK i268 PAGE i050 2 3 7 8 10 11 12 13 EXHIBIT A Legal Description for the Reserve Community Development District #2 Underline Is for Addition Ord. 99-029 ,.,,,,,~ .............., ,,,wu,, Is for Deletion Page 6 Final Print Date: 11/23/99 OR BOOK i268 PAGE i05i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 UNDEVELOPED LANDS IN THE RESERVE P.U.D. SECTION II A Parcel of Land Lying in Sections 22, 23, 26 and 27, Township 36 South, Range 39 East, St. Lucie County, Florida and Being More Particularly Described as Follows: Begin at the Northeasterly Corner of "THE RESERVE P.U.D.", as Described in Resolution No. 84-129 and Recorded in Official Record Book 442, Pages 667 Through 672, Public Records of St. Lucie County, Florida, Lying on the North Line of Said Section 22; Thence South 89° 45' 33" East along Said North Line, a Distance of 984.93 Feet to the Northeast Corner of Said Section 22; Thence North 89003' 42" East along the North Line of Said Section 23, a Distance of 95.28 Feet to the Intersection with the Westerly Line of a Florida Power and Light Company Right-of-Way as Recorded in Official Record Book 97, Page 504, Public Records of St. Lucie County, Florida; Thence South 00° 00' 11" West along Said Westerly Line and the West Line of a Florida Power and Light Company Right-of-Way, Recorded in Official Record Book 120, Page 199, Public Records of St. Lucie County, Florida, a Distance of 8,216.13 Feet to a Point of Intersection with the Westerly Right-of- way of Interstate 95 Interchange, Said Point Lying on a Circular Curve Concave to the Northwest Having a Radius of 600.50 Feet and a Central Angle of 16° 44' 09"; the Radius Point of Said Curve Bears North 47° 44' 14" West from this Point; Thence Southwesterly along the Arc of Said Curve, an Arc Distance of 175.40 Feet to a Point of Tangency; Thence South 59° 00' 00" West, a Distance of 462.08 Feet to the Beginning of a Circular Curve Concave to the Southeast Having a Radius of 621.42 Feet and a Central Angle of 21° 38' 42"; Thence Southwesterly along the Arc of Said Curve, an Arc Distance of 234.76 Feet to a Point of Non-radial Intersection; Thence Departing Said Westerly Right-of-way Line North 31° 44' 36" West, a Distance of 116.96 Feet to a Point of Non-radial Intersection with a Circular Curve Concave to the Northwest Having a Radius of 906.59 Feet and a Central Angle of 07° 53' 49"; Thence Westerly along the Arc of Said Curve, an Arc Distance of 124.95 Feet to a Point of Tangency; Said Curve Being the Proposed Southerly Right-of-way Line of "Legends Drive Extension"; Thence Westerly along Said Right-of-way Line the Following Described Six (6) Courses: Thence South 36° 21' 33" West, a Distance of 474.55 Feet to the Beginning of a Circular Curve Concave to the Southeast Having a Radius of 735.00 Feet and a Central Angle of 19° 26' 55"; Thence Westerly along the Arc of Said Curve an Arc Distance of 249.49 Feet to a Point of Tangency; Thence South 66° 54' 38" West, a Distance of 405.25 Feet to the Beginning of a Circular Curve Concave to the Northwest Having a Radius of 611.85 Feet and a Central Angle of 25° 31' 30"; Thence Westerly along the Arc of Said Curve, an Arc Distance of 272.58 Feet to a Point of Reverse Curve Concave to the Southeast Having a Radius of 812.04 Feet and a Central Angle 40° 21 '09"; Thence Westerly along the Arc of Said Curve, an Arc Distance of 571.91 Feet to a Point of Tangency; Thence South 52° 04' 59" West, a Distance of 128.01 Feet to a Point on the Easterly Right-of-way Line of"Reserve Boulevard Extension" as Recorded in Official Record Book 629, Pages 2523 Through 2526, Public Records of St. Lucie County, Florida; Thence Northerly along Said Easterly Right-of-way Line the Following Described Nine (9) Courses: Thence North 34° 28' 56" West, a Distance of 77.41 Feet to the Beginning of a Circular Curve Concave to the Northeast Having a Radius of 899.37 Feet and a Central Angle of 16° 14' 04"; Thence Northerly along the Arc of Said Curve, an Arc Distance of 254.83 Feet to a Point of Tangency; Thence North 18° 14' 52" West, a Distance of 784.39 Feet to the Beginning of a Circular Curve Concave to the East Having a Radius of 1,000 Feet and a Central Angle of 330 35' 08"; Thence Northerly along the Arc of Said Curve, an Arc Distance of 586.13 Feet to a Point of Tangency; Thence North 150 20' 16" East, a Distance of 434.07 Feet to the Beginning of a Circular Curve Concave to the West Having a Radius of 1,424.00 Feet and a Central Angle of 38° 16' 24"; Thence Northerly along the Arc of Said Curve an Arc Distance of 951.23 Feet to a Point of Tangency; Thence North 22° 56' 08" West, a Distance of 732.22 Feet to the Beginning of a Circular Curve Concave to the Southwest Having a Radius of 2,650.00 Feet and a Central Angle of 25° 15' 29"; Thence Northwesterly along the Arc of Said Curve, having an Arc Distance of 1,168.22 Feet to a Point of Tangency; Thence North 48° 11' 37" West, a Distance of 270.27 Feet to the Beginning of a Circular Curve Concave to the Southwest Having a Radius of Underline Is for Addition Ord. 99-029 v,,,.~ ..............., ,,,v~,u,, Is for Deletion Page 7 Final Print Date: 11/23/99 OR BOOK i2 8 PAGE i052 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 4,150.00 Feet and a Central Angle of 030 24' 54"; Thence Northwesterly along the Arc of Said Curve, an Arc Distance of 247.35 Feet (Said Curve Being the Northeasterly Right-of-way Line of Reserve Boulevard Ingress and Egress Easement Recorded in Official Record Book448, Page 2468, Public Records of St. Lucie County, Florida) to a Point on the Easterly Perimeter of Said "Reserve P.U.D.", Said Point Being on a Curve Concave to the Southeast Having a Radius of 50.00 Feet and a Central Angle of 01° 00' 37"; the Radius Point of Said Curve Bears South 50° 35' 57" East from this Point; Thence Northeasterly along the Arc of Said Curve, an Arc Distance of 0.88 Feet to a Point of Compound Curvature of a Circular Curve Concave to the Southeast Having a Radius of 553.97 Feet and a Central Angle of 49° 01' 51 "; Thence Northeasterly and Easterly along the Arc of Said Curve, an Arc Distance of 474.06 Feet to a Point of Tangency; Thence North 89° 26' 31 "East, a Distance of 943.43 Feet; · Thence North · Thence North · Thence North · Thence South · Thence North · Thence North Thence South 47° 07' 11" East, a Distance of 110.08 Feet; Thence North 54o 03' 26" West, a Distance of 350.36 Feet; 30 ° 53' 39" East, a Distance of 235.32 Feet; 88 ° 14' 17" East, a Distance of 80.18 Feet; 01 ° 33' 25" East, a Distance of 31.70 Feet; 88 ° 54' 56" East, a Distance of 265.37 Feet; 00 ° 25' 33" East, a Distance of 177.17 Feet; 35 ° 31' 05" East, a Distance of 808.41 Feet To a Point on The Westerly Boundary of The Plat of Parcel 15-A at The Reserve, Recorded in Plat Book 28, Pages 18 And 18a, of The Public Records of St. Lucie County, Florida; Thence Departing Said Boundary of The "Reserve P.U.D.", along the Following Described Fourteen (14) Courses of Said Plat of Parcel 15-A at the Reserve: Thence South 20o 52' 46" East, a Distance of 122.27 Feet; Thence South 50° 52' 46" East, a Distance of 153.59 Feet; Thence North 71° 13' 40" East, a Distance of 380.91 Feet; Thence North 26° 08' 05" East, a Distance of 248.91 Feet; Thence North 21° 28' 05" East, a Distance of 280.00 Feet; Thence South 88° 39' 41 "East, a Distance of 208.45 Feet; Thence South 01° 20' 19" West, a Distance of 414.32 Feet to the Beginning of a Circular Curve Concave to the Northwest Having a Radius of 475.00 Feet and a Central Angle of 24° 10' 21"; Thence Southwesterly along the Arc of Said Curve, an Arc Distance of 200.40 Feet to a Point of Tangency; Thence South 25' 30' 40" West, a Distance of 192.14 Feet to a Point of Non-radial Intersection with a Circular Curve Concave to the Southwest Having a Radius of 110.00 Feet and a Central Angle of 328° 20' 48"; the Radius Point of Said Curve Beam South 09° 41' 04" West from this Point; Thence Southwesterly, Southeasterly, Northeasterly and Northwesterly along the Arc of Said Curve, an Arc Distance of 630.38 Feet to a Point of Non-radial Intersection; Thence North 25° 30' 40" East, a Distance of 192.14 Feet to the Beginning of a Circular Curve Concave to the Northwest Having a Radius of 535.00 Feet and a Central Angle of 24° 10' 21 "; Thence Northerly along the Arc of Said Curve, an Arc Distance of 225.71 Feet to a Point of Tangency; Thence North 01° 20' 19" East, a Distance of 593.55 Feet to the Beginning of a Circular Curve Concave to the Southwest Having a Radius of 490.00 Feet and a Central Angle of 59° 26' 14"; Thence Northwesterly along the Arc of Said Curve, an Arc Distance of 508.31 Feet to a Point of Non- radial Intersection; Thence Northerly along the Said Boundary of"The Reserve P.U.D.", the Following Six (6) Described Courses: Thence South 890 06' 05" Thence North 00° 53' 55" Thence North 09° 45' 25" East, a Distance of 43.88 Feet; East, a Distance of 78.58 Feet; East, a Distance of 137.18 Feet; Underline Is for Addition $~,-[:;c Thrc,~,~h Is for Deletion Ord. 99-029 Page 8 Final Print Date: 11/23/99 OR BOOK i2 8 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 48 49 50 Thence North 16° 27' 39" Thence North 50° 56' 15" Thence North 00° 14' 17" East, a Distance of 1,128.20 Feet; West, a Distance of 385.49 Feet; East, a Distance of 252.14 Feet to the Point of Beginning. Less the Plat of "The Enclave at the Reserve", Recorded in Plat Book 28, Pages 19, 19A and 19b, of the Public Records of St. Lucie County, Florida and all public road rights-of-way within the boundaries of this description. Containing 481.270 Acres, More or Less. And; Reserve P.U.D., Section II - Commercial Tract A - North Referencing the Revised Interchange Boundary Line a Parcel of Land Lying Within Section 27, Township 36 South, Range 39 East, St. Lucie County, Florida, More Particularly Described as Follows: Commence at the Northeasterly Corner of "THE RESERVE P.U.D." as Described in Resolution No. 84-129 and Recorded in Official Record Book 442, Pages 667 Through 672, Public Records of St. Lucie County, Florida, Lying on the North Line of Said Section 22; Thence South 89045'33'' East, along Said North Line of Section 22, a Distance of 984.93 Feet to the Northeast Corner of Said Section 22, Thence North 89023'09'' East, along the North Line of Said Section 23, a Distance of 95.77 Feet to the Intersection with the Westerly Line of a Florida Power and Light Company Right-of-way, as Recorded in Official Record Book 97, Page 504, Public Records of St. Lucie County, Florida; Thence South 00° 00' 11 "West along Said Westerly Line of the Florida Power and Light Company Right-of-way, and Also the West Line of a Florida Power and Light Company Right-of-way as Recorded in Official Record Book 120, Page 199 Through 201, Public Records of St. Lucie County, Florida, a Distance of 8,216.13 Feet to a Point of Intersection with the Proposed Westerly Right-of-way of the Interstate 95 Interchange Parcel as Delineated by a Description and Map of Survey of the 1-95 Interchange - Prima Vista Boulevard, Prepared by David W. Betham, P.L.S., with Florida Certification No 3199 with the St. Lucie West Thomas J. White Development Corporation, Dated January 30,1989, with the File No. 95-1 Through 95-3 Consisting of Three Pages, with Last Revision of 2-9-89; Thence Southwesterly along Said Westerly Right-of-Way Line the Following Courses and Distances: Aforesaid Point of Intersection Being a Point of a Curve Concave to the Northwest to Which a Radial Line Bears South 47° 44' 14" East, Said Curve Having a Radius of 600.50 Feet, Thence Southwesterly along the Arc of Said Curve a Distance of 175.42 Feet; Through a Central. Angle of 16° 44' 14"; Thence South 59° 00' 00" West, 462.08 Feet to a Point of Curvature of a Curve Concave to the Southeast with a Radius of 621.42 Feet Thence Southwesterly along the Arc of Said Curve a Distance of 233.68 Feet, Through a Central Angle of 21° 32' 43" to the Point of Beginning; Thence Continue Southwesterly along the Arc of Said Curve a Distance of 183.10 Feet; Through a Central Angle of 16° 52' 55"; Thence South 20° 34' 22" West, 532.11 Feet to a Point of Curvature of a Curve Concave to the Northwest Having a Radius of 131.00 Feet; Thence Southwesterly along the Arc of Said Curve a Distance of 149.35 Feet Through a Central Angle of 65° 19' 11"; Thence South 85° 53' 33" West, 381.82 Feet; Thence South 00° 06' 27" East, 64.23 Feet; Thence South 89° 53' 33". West, 300.00 Feet to a Point on the Northerly Right-of-way of the Proposed "Reserve Boulevard" Extension; Thence Departing Said Proposed Interchange Parcel and along the Northerly Right-of-way Line the Following Courses and Distances: Underline Is for Addition Ord. 99-029 ~',,-ik~. Th~,~h Is for Deletion Page 9 Final Pdnt Date: 11/23/99 OR BOOK 1268 PAGE 10§4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Continue South 89° 53' 33" West, 402.58 Feet; Thence North 76° 40' 16" West, 417.12 Feet to a Point of Curvature of a Curve Concave to the Northeast, Having a Radius of 515.59 Feet; Thence Northwesterly along the Arc of Said Curve a Distance of 379.64 Feet, Through a Central Angle of 42° 11' 20" to a Point of Compound Curvature of a Curve Concave to the East, with a Radius of 50.00 Feet; Thence Northeasterly along the Arc of Said Curve a Distance of 74.54 Feet, Through a Central Angle of 86° 33' 55" to a Point on the Easterly Right-of-way Line of the Proposed Extension of"LEGENDS DRIVE" an 80 Foot Ingress and Egress Right-of-way; Thence Departing Said Northerly Right-of-way of the Proposed "RESERVE BOULEVARD", Northeasterly along Said Proposed Easterly Right-of-way Line of "LEGENDS DRIVE" the Following Courses and Distances: Thence North 52° 04' 59" East, 128.01 Feet to a Point of Curvature of a Curve Concave to the Southeast, Having a Radius of 812.04 Feet; Thence Northeasterly along the Arc of Said Curve a Distance of 571.91 Feet, Through a Central Angle of 40° 21' 09" to a Point of Reverse Curvature of a Curve Concave to the Northwest Having a Radius of 611.85 Feet; Thence Northeasterly along the Arc of Said Curve a Distance of 272.57 Feet, Through a Central Angle of 25° 31' 33"; Thence North 660 54' 39" East, 405.25 Feet to a Point of Curvature of a Curve Concave to the Southeast, Having a Radius of 735.00 Feet; Thence Northeasterly along the Arc of Said Curve a Distance of 249.49 Feet, Through a Central Angle of 19° 26' 55"; Thence North 86° 21' 33" East 474.55 Feet to a Point of Curvature of a Curve Concave to the Northwest Having a Radius of 906.59 Feet; Thence Northeasterly along the Arc of Said Curve a Distance of 124.96 Feet Through a Central Angle of 07° 53' 49"; Thence Departing Said Proposed Easterly Right-of-way Line of "LEGENDS DRIVE" South 31° 44' 36" East 116.67 Feet to the Point of Intersection with the Said Westerly Line of the Interchange Parcel and the Point of Beginning; Containing 30.82 Acres, More or Less. Less all public road rights-of-way within the boundaries of this description, and less the following described parcel: Commence at the Southeast Corner of Said Section 27; Thence North 00° 11' 31" West; along the East Line of Said Section 27 a Distance of 1,891.86 Feet; Thence South 89° 48' 29' West, a Distance of 574.16 Feet to a Point of Intersection With a Circular Curve Concave to The Southeast Having a Radius of 621.42 Feet, a Central Angle of 16° 46' 56" and Whose Radius Point Bears South 52° 38' 42" East from Said Intersection; Thence Southwesterly along the Arc of Said Curve an Arc Distance of 182.02 Feet; Thence South 20° 34' 22" West, 532.11 Feet to a Point of Curvature of a Curve Concave to the Northwest Having a Radius of 131.00 Feet; Thence Southwesterly along the Curve of Said Curve a Distance of 149.35 Feet Through a Central Angle of 65° 19' 11"; Thence South 85° 53' 33" West, 381.82 Feet; Thence South 00° 06' 27" East, 64.23 Feet; Thence South 89° 53' 33" West, 300.00 Feet to a Point on the Northerly Right-of-way Line of "Reserve Boulevard" Extension as Recorded in O.R. Book 629, Page 2523, Public Records of St. Lucie County, Florida; Thence Departing Interchange Parcel and the Northerly Right-of-way Line the Following Courses and Distances; Continue South 89° 53' 33" West 402.58 Feet; Thence North 76° 46' 16" West, 52.15 Feet to the Point of Beginning; Thence Continue North 76° 40'16" West, 233.81 Feet to the Point of Curvature of a Curve Concave to the Northeast Having a Radius of 25.00 Feet, Thence Northeasterly along the Arc of Said Curve a Distance of 42.30 Feet Through a Central Angle of 96° 56' 37" to the Point of Tangency; Thence North 20° 16' 21" East, a Underline Is for Addition ............ u,, Is for Deletion Ord. 99-029 Page 10 Final Print Date: 11/23/99 PA6E i055 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 Distance of 164.09 Feet to a Point of Curvature of a Circular Curve Concave to the Southeast Having a Radius of 680.00 Feet, and a Central Angle of 01° 48' 21"; Thence Northeasterly along the Arc of Said Curve a Distance of 21.43 Feet; Thence North 68° 05' 15" East a Distance of 35.38 Feet to a Point of Curvature of a Curve Concave to The Northeast Having a Radius 1,025.00 Feet And a Radial Bearing of North 22° 20' 25' East; Thence Southeasterly Along The Arc of Said Curve a Distance of 161.76 Feet Through a Central Angle of 09° 02' 33"; Thence South 76° 42' 08" East, 60.80 Feet to a Point of Curvature of a Curve Concave to The Northeast Having a Radius of 175.00 Feet, Thence Southeasterly Along The Arc of Said Curve a Distance of 15.04 Feet Though a Central Angle of 04° 55' 27"; Thence South 21 o 03' 54" West 222.62 Feet to The Point of Beginn lng. (Part of Tax Id# 3327- 314-0020-000/3) Containing 1.34 Acres@ More or less. (Location: Northeast Corner of Reserve Boulevard and Commerce Centre Boulevard) (Total area - 522.090 acres, more or less) Underline Is for Addition ..... Through-, Is for Deletion Ord. 99-029 Page 11 Final Print Date: 11/23/99 OR BOOK 1268 PAGE 1056 2 6 7 10 11 12 13 EXHIBIT B Map of Reserve Community Development District #2 Underline Is for Addition St.;kc Th;'c, ugh Is for Deletion Ord. 99-029 Page 12 Final Print Date: 11/23/99 OR BOOK 1268 PAGE i057 Underline Is for Addition Ord. gg-02g ~t,-ikG T~rc,~gh Is for Deletion Page 13 Final Print Date: 11/23/gg OR BOOK 1268 PAGE F,HPF BOOK