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ORDINANCE NO. 02-009
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 2.00.00
"DEFINITION" TO INCLUDE THE DEFINITION OF PERSONAL
WATERCRAFT AND RECREATION EQUIPMENT; BY AMENDING
SECTION 8.00.03 PARTICULAR PERMITTED ACCESSORY
STRUCTURES AND USES IN RESIDENTIAL, AGRICULTURAL
AND PLANNED UNIT DEVELOPMENT DISTRICTS, TO
PERMITTING THE STORAGE OF ONE RECREATIONAL
EQUIPMENT IN A FRONT YARD ON A PAVED SURFACE FOR
PROPERTIES LOCATED IN THE UNINCORPORATED AREAS OF
THE COUNTY; PROVIDING 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 determination:
1. 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 - August6, 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
Ordinance #02-009d
Final
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Page 1
PRINT DATE: 03/05/02
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99-17 - September7,1999 99-18 - November2,1999
00-10 - June 13, 2000 00-11 - June 13,2000
00-12 - June 13, 2000 00-13 - June 13,2000
01-03 - December18,2001
On January 17, 2002, 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 5, 2002, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Port St. Lu¢ie
News and the Tribune on January 24, 2002.
On February 19, 2002, 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 7, 2002, and following the closure
of the public hearing on this matter, continued any further Board discussion
on this proposed ordinance until March 5, 2002.
On March 5, 2002, this Board continued with the deliberations on the
proposed ordinance.
The proposed amendments to the St. Lucie County Land Development
Code are consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Comprehensive Plan and are in the best
interest of the health safety and public welfare of the citizens of St. Lucie
County, Florida.
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 LAND DEVELOPMENT CODE TO
READ AS FOLLOWS, INCLUDE:
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Ordinance #02-009d Page 2
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CHAPTER II
DEFINITIONS
Persona/Watercraft: means a small class A-1 or A-2 vessel as defined by state law which
uses an outboard motor, or an inboard motor powering a water iet pump. as its primary source
motive power and which is designed to be operated by a person sittinq, standin.q, or kneeling on,
or being towed behind the vessel, rather than in the conventional manner of sitting or standin,~
inside the vessel. ' ,
Recreational Equipment: means boats, personal watercraft, trailers and items on trailers, utility
trailers, recreational vehicles, and similar vehicles or items.
CHAPTER VIII
ACCESSORY AND TEMPORARY
STRUCTURES AND USES
8.00.00 ACCESSORY USES AND STRUCTURES
8.00.03
AGRICULTURAL, AND PLANNED UNIT DEVELOPMENT DISTRICTS
Permitted accessory structures and uses include:
C.
D.
E.
PARTICULAR PERMITTED ACCESSORY STRUCTURES AND USES IN RESIDENTIAL,
Non-commercial garages, parking lots, and parking areas, together with related circulation
elements.
Enclosed storage structures and greenhouses.
A child's playhouse or gazebo.
Non-commercial parks, playgrounds and athletic areas.
Private swimming pools and bathhouses, provided that the swimming pool, or the entire property
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Ordinance #02-009d
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on which it is located, shall be walled or fenced to prevent uncontrolled access to such swimming
pool from the street or from adjacent properties.
Outdoor storage of recreational ' '- ............... · · ·
equipment .................. ~cr~.t;c,n~l 'v'~h;cl~s prov;d~d th~.t ~ucl,
............................... or veh",ole
...... ~ ..... ~,,,,~, ,,, housek~ n.~ purposeg, su ect to the followin¢
restrictions:
Recreational equipment shall not be stored in the front yard or any side yard
located between the main buildinq and any projections thereof and the front
property line, except that one (1) piece of recreational equipment less than thirteen
(13) feet in hei.qht may be located on a paved surface in the front yard and shall be
setback a minimum of five (5) feet from the edqe of the adjacent paved surface,
sidewalk or travelway, provided that the recreational equipment shall not obstruct
or interfere with the maintenance, visibility or use of any public right-of-way or
sidewalk. Where stored on a paved surface in the front yard, such recreational
equipment shall be parked as nearly perpendicular as possible, to the street upon
which the property is accessed, except when the recreational equipment is parked
at least one hundred (100) feet from any street frontage on lots or parcels of land
one (1) acre or more in total area. In those instances of a corner lot, or a parcel
having more than one frontaqe on more than one street, and there is paved or
improved access to the property from those streets, the same setback and numeric
criteria outlined above shall apply.
Nothing is this paragraph shall be interpreted to permit any violation of the
minimum Off-Street Parkinq requirements and standards set forth in Section
7.06.00 and Driveway Regulations set forth in Section 7.05.06 of this Code.
A maximum of two (2) pieces of recreational equipment, including the one (1) piece.
of recreational equipment allowed in the front yard, may be stored on a parcel
except that there shall be no limitation on the number or pieces of recreational
equipment allowed in unenclosed structures on a lot or parcel of more than one (1)
acre provided that the recreational equipment must be parked at least one
hundred (100) feet from any public street or right-of-way and providing that the
storing of this recreational equipment does not violate any other provision of this
Code or the St. Lucie County Code of Ordinances. This limitation shall not apply
to recreational equipment stored in enclosed structures.
Recreational equipment shall not be used for living, sleeping or housekeepin.q
purposes.
Recreational equipment must be owned or used by the owner or occupant or .quest
of the owner or occupant of the property upon which the recreational equipment
is parked, located or stored, and must be for the personal off-site use of the owner
or occupant or .quest, rather than for rent or hire.
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Ordinance #02-009d Page 4
Final PRINT DATE: 03/05/02
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Recreational equipment must have a valid motor vehicle license or registration at
all times as required by law.
Recreational equipment shall not be stored on drums, barrels, concrete blocks,
lumber or similar devices which cause the storage of the recreational equipment
to be deemed unsafe.
No inoperative recreational equipment may be stored or parked on the paved
surface. For the purpose of this Code, recreational equipment shall be deemed
inoperative if it has removed or flat tires; partial or complete dismantling or removal
of parts; broken glass; missin.q major parts such as lights, doors, hoods, or motor
parts essential for the lawful and safe operation of the recreational equipment.
The positioning of the recreational equipment in other than an upright or operable
manner or lack of a current license plate or current registration decal shall raise ~
rebuttable presumption that the recreational equipment is inoperable.
For the purpose of implementing this paragraph, the restrictions and prohibitions
described in Section 8.00.02(A) of this Code shall not apply, and shall be
superceded by the restrictions and limitations contained herein.
In those subdivisions, condominium, home owners or property owners association areas
that have duly recorded property or deed restrictions that impose stricter standards tha.
outlined above, the stricter standards of the subdivision, condominium, home owners o~'
property owners association shall apply, and enforcement of those standards shall be thu
responsibility of the duly recognized and empowered condominium, home owners or
property owners association. Nothin.q in this section shall be implied to restrict the general
public health safety and police powers of the Board of County Commissioners in directin.q
that any unsafe or hazardous situation be removed should such a situation be brought tu
the County's attention.
Private water and sewage utility services provided that they are for the sole use of the particular
private development, are not intended to be a sub-regional system, and do not involve industrial
wastewater as defined.
Swimming beaches.
Non-commercial docks and boat houses.
Home occupations subject to the requirements of Section 8.01.00.
Historic and monument sites.
PART B. CONFLICTING PROVISIONS.
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Ordinance #02-009d PRINT DATE: 03/05/02
Final
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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 beheld 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 in the unincorporated area of St. Lucie County.
E. FILING WITH THE DEPARTMENT OF STATE.
I'he 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.
motion and second, the vote on this ordinance was as follows:
Chairman Doug Coward
Vice Chairman Cliff Barnes
Commissioner Paula Lewis
Commissioner John D. Bruhn
Commissioner Frannie Hutchinson
NAY
AYE
AYE
NAY
AYE
PART H. CODIFICATION.
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Ordinance #02-009d PRINT DATE: 03/05/02
Final
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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;
3rovided, however, that parts B through H shall not be codified.
PASSED AND DULY ENACTED this 5th day of March, 2002.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
APPROVE
CORF
BY:
DJM
01-009D(Lndcod01-H)
m
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Final PRINT DATE: 03/05/02