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ORDINANCE NO. 02-020
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 7.10.12
SUPPLEMENTAL STANDARDS, SCRAP, WASTE AND
RECYCLING OPERATIONS, TO PROVIDE FOR CLARIFICATION
ON ENFORCEMENT PROCEEDINGS FOR VIOLATIONS OF THIS
SECTION. AND BY AMENDING SECTION 11.13.00
ENFORCEMENT OF CODE PROVISIONS TO PROVIDE FOR
CLARIFICATION ON ENFORCEMENT PROCEEDINGS FOR
VIOLATIONS OF SECTION 7.10.12; 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:
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
the St. Lucie County Land Development Code,
Ordinances
certain amendments to
through the following
91-03
91-21
93-01
93-05
93-07
94-18
95-01
97-01
97-23
99-02
99-04
99-15
99-17
00-10
00-12
March 14, 1991 91-09
November 7, 1991 92-17
February 16, 1993 93-03
May 25, 1993 93-06
May 25, 1993 94-07
August 16, 1994
January 10, 1995 96-10
March 4, 1997 97-09
September 2, 1997 99-01
April 6, 1999 99-03
August 17, 1999
July 20, 1999 99-16
September 7, 1999 99-18
June 13, 2000 00-11
June 13, 2000 00-13
94-21
99-05
May 14, 1991
June 2, I992
February 16, 1993
May 25, 1993
June 22, 1994
August 16, 1994
August 6, 1996
October 7, 1997
February 2, 1999
August 17, 1999
July 20, 1999
July 20, 1999
November 2, 1999
June 13, 2000
June 13, 2000
Ordinance #02-020c
Final
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Page 1
PRINT DATE: 10/15/02
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01-03 December 18, 2001 02-05 June 25, 2002
02-09 March 5, 2002
On August 29, 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 September 17, 2002, 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 September 5, 2002.
On October 15, 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 October 3, 2002.
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. LUCIE COUNTY LAND DEVELOPMENT CODE TO
READ AS FOLLOWS, INCLUDE:
CHAPTER VII
DEVELOPMENT DESIGN AND
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Ordinance #02~20c Page 2
Final PRINT DATE: 10/15/02
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7.10.00
7.10.12
IMPROVEMENT STANDARDS
SUPPLEMENTALSTANDARDS
SCRAP, WASTE AND RECYCLING OPERATIONS
Paragraphs A & B -- No Changes
In the IH (Industrial Heavy) or U (Utility) zoning district, land clearing 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 following criteria:
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 land clearing
and yard trash debris shall be at least five (5) acres, but no more than 15 acres.
The recycling yard, including all product receiving 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 screening is to be substituted for a fence or wall, plans for such
vegetative screening shall be submitted with the application for conditional use
approval. Such vegetative screening shall consist of a greenbelt strip at least
twenty (20) feet in width adjoining all adjacent lot lines, and a greenbelt strip at least
fifteen (15) feet in width adjoining any street line. The greenbelt shall be composed
of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows
of shrubs.
Maintenance of the fence, wall, or opaque vegetative screening shall be the
responsibility of the property owner consistent with the other provisions of th is Code.
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Ordinance #02-O20c Page 3
Final PRINT DATE: 10/15/02
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RGURE 7-29
LAYOUT OF LAND CLEARING AND YARD WASTE STORAGE PILES
100
Storeg® Pile
Storage PHe
Storage Pile Storage Pile
Storage Pile
Storage Pile
100 foot clear space and fire lane
Storage Pile
Storage Pile
Fire Lane I time8 the pile height * not less less than 30 feet width
Storage Pile
loo
All sides of each Individual debris storage (stockpile) areas shall be accessible by
means of fire lanes. Fire lanes shall be a minimum of 1 1/2 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 storage piles and
there shall be a 100 foot wide fire lane at the end of each storage or stockpile,
regardless of overall length. Figure 7-29 depicts the general layout of the debris
storage stockpile areas.
The maximum length of an individual debris storage stockpile shall not exceed 500
feet. The maximum width of an individual debris storage stockpile shall not exceed
100 feet. The maximum height of any one storage pile shall not exceed thirty 30
feet.
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
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Ordinance ~O2A320c Page 4
Final PRINT DATE: 10/t5/02
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10.
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 fighting purposes. This emergency storage area may
not include any of the required minimum setbacks or separation corridors for the
debris storage 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 storage areas (stockpiles),
excluding the emergency stockpile area, shall not exceed 60% of the gross area
of the project site.
Individual stockpiles shall be located at least one hundred (100) feet from any brush
or tree 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 the 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 45, Recommended Safe Practice for
Storage 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 clearing materials in the stockpile in
order to monitor fire hazard.
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Ordinance #02-020c Page 5
Final PRINT DATE: 10/15/02
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11.
12.
13.
14.
15.
All vehicles used on the stockpile shall be of a type that minimizes the compaction
of the stockpile.
Regardless of building size, a complete site plan prepared in accordance with the
provisions of Section 11.02.00 (Major Site Plan) shall be required with the
application for Conditional Use. The application for Conditional Use shall not be
considered complete until all minimum site plan criteria have been determined to be
met.
Every land clearing 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
removing of all accumulated land clearing and yard trash debris from the site if it
has been determined by the County Commission, following 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.
$15o
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 clearing 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 r_nviro~,~,~: Co~,:ro:: Dosrd Code Enforcement Board, shall be the
responsible enforcement board assuring compliance with the provisions of this
section and related sections within this Code. If the F_r,v:ro~,,T,~,~&:
Public Works Director, in consultation with the Co~,,~,,::~,:ty
Counb/Administrator. or his desiqnee, and County Attorney
~, determines that the ....................... Code
Enforcement Board process would be an inadequate response to a given
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Ordinance ~:)2-020c Page 6
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16.
17~
1__8.
11.13.00
11.13.01
A.
violation(s), the .'-,'~v:rc,,'~,,~a,'~ta', Ca,'~trc,: Off[c~r County Attorney may institute
appropriate proceedings in a court of competent jurisdiction for prosecution of the
violation(s) as provided by law.
The violation of any of the requlations, restrictions and limitations promulgated
under the provisions of this section may be restrained by iniunction, includinq a
mandatory iniunction and otherwise abated in any manner provided by law.
Nothing contained in this provision shall prohibit the board of county commissioners
from enforcino its codes by any other means.
In the event that St. Lucie County is declared a federal disaster area following 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.
CHAPTER Xl
ADMINISTRATION AND ENFORCEMENT
ENFORCEMENT OF CODE PROVISIONS
GENERALLY
AUTHORITY
1. Enforcement by Environmental Control Hearing Board
Enforcement proceedings with respect to the following provisions shall be in
accordance with Section 11.13.02:
Wellfield 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)
Native Upland Habitat Protection (Section 6.04.01)
Land c',~ar'n.~ ....................... ......... :-- ' 0 1 '~(~))
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Ordinance #O2A320c Page 7
Final PRINT DATE: 10/15/02
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~e_. Standard Housing Code (Section 13.08.00)
gf. 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 th is 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.
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.
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Ordinance ~02~20c Page 8
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After motion and second, the vote on this ordinance was as follows:
Chairman Doug Coward
AYE
Vice Chairman Cliff Barnes
AYE
Commissioner Paula Lewis
AYE
Commissioner John D. Bruhn
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 15th day of October, 2002.
DJM
0R02A320c(Lndcod01 -H)
BOARD OF COUNTY COMMISSI
ST. LUCIE COUNTY,
BY:
APPROVEI~AS TO FORM
COR~tECTNES~ ~
BY: /~0~
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Ordinance ~02~)20c Page 9
Final PRINT DATE: 10/15/02