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HomeMy WebLinkAbout1961 SLC Land Development Code (thru 1984)ROGER POITRAS. CLERK TINA RUFLI. DEPUTY CLERK RALPH WILSON, ATTORNEY C. F. ORDWAY, COUNTY ADMINISTRATOR REGNER HANSEN. ZONING DIRECTOR BOAR® OF COUNTY. COMMISSIONERS ST. LUCIE COUNTY DRAWER 111 FORT PIERCE, FLORIDA W. R. McCAIN, DISTRICT NO. i E. L. TAYLOR, 11 September 1961 N WSJORGENSEN. 10 1 "'1 X - DISTRICT NO. 3 1 l V MELVIN SHAFFNER. DISTRICT NO.:4 :JOS. D. NELSON, - DISTRICT NO, S. Mr. Ralph Wilson St. Lucie County Attorney Fort Pierce, Florida Dear Ralph: Herewith one copy of the Text and one copy of the Schedule of District Regulations of the St. Lucie County Zoning Resolution.. A second copy, to be used for the purpose of retyping the Resolution so that it will be available for distribution to those persons interested is in the Zoning Office. The changes discussed have been satisfactorily resolved and made. Proper certification.of the Text and of both pages of the Schedule of District Regulations should be madeaT-ter passage. The Official Zoning Map in Reg Hansen's office should be formally certified. The copies available after stenciling has been completed will contain an index. It is not necessary that the index be a part of the Resolution as passed. So far as zoning is concerned, you will recall that certain properties, none of major importance, must be.reclassified after this Resolution has been passed. The old C -1 -properties must, for example, be redesignated as B-4; the old B -2A properties must be re- classified as B-2. The old R-5 and R-6 properties are to be combined under R-5. Only in the case of the old T-1 properties will there be any difficulty and even here the rezoning is practically automatic to. R-3 or R-4. I reserve discussion of the questions of (1) airport zoning, (2) subdivision regulation change, and(9) enforcement procedures. until later. I have, however, been checking out the airport zoning problem. Si rely_ , E st R Bartley COMPREHENSIVE ZONING RESOLUTION FOR ST, LUCIE COUNTY, FLORIDA ADOPTED BY BOARD OF COUNTY COMMISSIONERS EFFECTIVE DATE: 13 SEPTEMBER 1961 AMENDED THROUGH TABLE OF CONTENTS Pale Section 1 1 Intent, Purposes, and Methods 2 2 Definitions 11 3 Establishment of Districts: Provisions for Official Zoning Atlas 12 4 Rules for Interpretation of District Boundaries 13 5 Schedule of District Regulations Adopted 13 6 Application of District Regulations 14 7 Supplementary Regulations - Grade of Residential Bldgs. 15 7 Base Building Line - Fences 18 7 Screening of Used Merchandise 19 7 Home Occupation 20 7 Site Development Plan 23 7 Density - 25 8 Nonconforming Lots, Nonconforming Uses of Lane, Non- conforming Structures, and Nonconforming Uses of Structures and Premises 30 9 Signs 32 10 Yards - Encroaching, Building Spacing 36 11. Offstreet Parking and Loading 43 12 Alcoholic Beverage Establishments 44 13 Mobile Homes in A-1 zoning, Nonconforming Mobile Homes, Storage, Parking 46 13 Mobile Home Parks and Recreational Vehicle Parks 50 13B Condominium Travel Trailer Subdivisions 51 14 Filling Stations 52 15 Junkyards 54 15A Mining 56 16 Administration 8 Enforcement: Enforcing Official 58 17 Planning & Zoning Commission: Procedure, Powers 60 18 Board of Adjustment: Organization and Procedure 62 19 Board of Adjustment: Powers and Duties 65 20 Appeals from the Board of Adjustment: Duties of Enforcing 65 21 Official, Board of.Adj.;.County Commission, Matters of Appeal 66 22 Amendments - Planning & Zoning 68 23 Provisions of Resolution Declared to be Minimum Requirements 68 24 Complaints regarding Violations 68 28 Penalties for Violation 69 26 Establishment of Schedule of Fees and Charges 69 27 Separability Clause 69 28 Repeal of Conflicting Resolutions 70 29 District Regulations INDEX TO ZONING RESOLUTIONS SS Use of residentially zoned property for -.14 Requirement that family dwelling must be on lot fronting 30' or more on a street - 26 Accessory structure Defined - 2 Mobile home not to be used as - 44 Accessory Use, defined - 2 Accessory Uses Special for hotels., motels, multiple dwellings - 18 In residential districts - Non-residential districts - :i -;pining districts Residential and business or industrial - 32 Alcoholic beverage establishme Requirements - 43 1",?tered Defined - 2 Alteration Defined - 2 1,1teration, structural Defined - 10 Amendments General procedure for - 66 Limitation on - 67 Amortization Reasonable periods of in co rection with nonconforming uses - 27 Apartment Hotel Defined - 2 Appeals, Duties on Enforcement Official - 65 Board of Adjustment. - 65 County Commission - 65 Courts - 65 .-ppeals, from decision of Board of Adjustment - 65 Appeals, From decision of Enforcing Official to Board of Adjustment - 62 Automobile Wrecking Defined - 2 Board of Adjustment Generally - 60-65 Established - 60 General procedure - 60,61 14 14 nts, rem Board of Adjustment, continued Hearings, appeals, notice - 60 Requirements of notice - 61 Stay of proceedings - 61 Powers & requirements in interpreting resolutions - 62 Powers 6 requirements in granting variances - 62,63 Powers in granting special exceptions - 63,64 Interpretation of official zoning atlas - 11,64 Powers over district uses not listed 64 Powers generally in making decisions - 64 Appeals from - 65 Duties on matters of appeals - 65 In mattersof docks .8 wharves - 17 In matters of nonconforming lots - 25 May waive requirement of wall around filling station - 51 Powers in relation to extension -of nonconforming uses - 28 Bars, cocktail - 43 Base building lines - 15 Benches, bus - 31 Boats - 17 Boathouses, restrictions on and building permits required - 17 Boundaries of districts, interpretation of - 12 Building Code, relation to amortization of certain nonconforming structures and uses - 27 Building, defined - 2 (See also s t eruct ure s ) Building Permit Application for - 56 Special permit for docks & wharves - 17 Buildings under construction, out- standing permits - 25 Building Setback see Setback Buildings Under Construction - 25 Bungalow, defined - 2 Changed Occupancy, defined - 2 Clerk, Zoning - 56 Club Night, defined - 3 Mentioned - 43 Club, Private, defined - 3 Commercial Vehicle Defined - 3 Commercial Vehicle, continued Filling Stations Parking - 38 Defined - 4 Parking in residential district General requirements - 51 38 Floor Area, defined - 4 Complaints regarding violations - Fowl, defined - 4 See Violations Frontage of a building, defined - 4 County Commission Frontage of a property, defined - 4 Defined - 3 Frontage, street - 26 Duties on matters of appeal - 65 Required for family dwelling - 26 Duties on amendments - 65 Duties to set fees & charges - 69 Appoints Board of Adjustment - -60 Garage, community, defined - 4 Gasoline, storage of - 51 District Boundaries, interpretation Grade, of residential buildings - 14 of - 12 Group Housing District Regulations _ 13 Defined - 4 .Docks, special permits required.- 17 Provision of yards for - 33 Dwelling Guest House, defined - 4 Defined generally - 3 Single family or one family defined - 3 Health Department, County, must ap- Two families, defined - 3 ° prove sewage disposal system for Multiple family, defined - 3 mobile home park - 46 Dwelling Unit Hedges, generally - 15 Defined - 3 Use of in screening mobile home Prohibited in mobile home park parks - 47 except as accessory use - 49 Height of building, defined - 4 Home Occupation - 19 .Enforcing Official Home, Convalescent, defined - 3 Zoning Atlas to be located in Hotel office of - 11 Defined - 4 Powers & duties generally - 56,57 Sepcial accessory uses for - 18 Role in staying proceedings of House Courts - See Bungalow Board of Adjustment - 61 Transmits papers to Board of Ad- justment in appeals - 60 Intersections, visibility at, Duties on matters of appeal - 65 regulated - 15 Role in handling violations - 68 Schedule of fees & charges to be posted in office of - 69 Junkyard Nonconforming uses to be Defined - 5 recorded - 56 General zoning regulations concerning Right of entry - 56 52,53 Entry, right of, by Enforcing Nonconforming junkyards - 53 Official - 56 Erected, defined - 3 Exception - See Special Exception Kennel, defined - 5 Family, defined - 3 Land Fees & charges, schedule of to be Defined - 2 set by County Commission and Nonconforming uses of land and posted - 69 elimination of such uses.-- 26 Fence, Junkyard - 52253 Lighting Fences, generally - 15 Strip - 31 Filling land, minimum elevation for Signs - 31 17 Filling stations - 51 -- -Liquor-_Stores - 43 Loading Offstreet, required - 36 Amounts - 38-41 Plans required - 36,37 Combined facilities allowed - 38 Dimensions 8 specifications - 36 Lot Defined - 2,5 Lot frontage, defined - 5 Measurements - 6 .Lot -of record - 6 Types (diagram) - 6 Nonconforming lots - 25 Violation to see lot not meeting minimum standards - 25 Mobile homes on individual lots - 44 Mobile Homes. Generally - 44-49 Individual lots allowed in A-1 district subject to.limita- tions - 44 Nonconforming mobile homes - 45 Storage 8 parking, temporary parking - 45 Mobile home as permanent resi- dence for present occupants meeting certain requirements - 44 Mobile Home Parks Generally. - 44-49 Regulations governing - 44-49. Motel, special accessory uses for - 18 Multiple dwelling, special accessory uses for - 18 Night Club - 43 Non -Conforming lots Uses of land, structures, and uses of structures 8 premises, generally - 25-29 Intent - 25 Replatting of nonconforming lots - 25 Violation to cut off parcel not meeting requirements - 26 Nonconforming structures and amortization of structures designed for certain uses - 27 Nonconforming uses of structures 27,28 Repairs & maintenance - 28 Unlawful or casual use - 29 Uses under special exception conforming - 29 Nonconforming advertising signs - 31 Non -Conforming lots,. continued Relation to offstreet parking 36 Nonconforming mobile homes - 45 Nonconforming junkyards - 53 Enforcing official to record non- conforming uses - 56 Not to be factor in granting variances - 62 Notice Requirement of by Board of Adjustment - 61 By Planning & Zoning Commission - 59 Enforcing'Official to notify violator of Resolution - 56 Nursery School, defined - 7 Nursing Home, defined - 7 Occupied, defined - 2 Official Zoning Atlas Generally - 11 Changes in - 11 Location of - 11 Interpretation of - 12 Power of Board of Adjustment to interpret_- 64 Offstreet Loading - see Loading, Offstreet Offstreet Parking - See Parking, Offstreet Owner, defined - 59 Parking Defined - 7 Generally - 36 Location 8 specifications - 36-41 Plans required - 36 Combined allowed - 38 Employee parking - 38 Parking commercial vehicles '- 38 Nonconforming use - 38 Amount of - 38-41 Penalties for violations - 68 Person, defined - 2 Petroleum products, storage of - 51 Planning 8 Zoning Commission Generally - 58-59 Appointment 8 membership - 58 Advisory function to County Commission - 58 Function in amendment - 58 Hearings, notice of - 59 Petitions - 59 Procedure, rules of - 59 Limits on power after denial of petition - 66 Duties on matters of appeal - 65 Function in passing on fences for junkyards - 52 Planning 8 Zoning Commission, continued - Function in passing on plans 58 Porch, defined - 7 Poultry, defined - 7 Poultry Market, defined - 8 Recreation area Required in mobile home parks - 48 Side yards not required for public recreation area - 33 Recreational Vehicle Park - 46 Repaired, defined - 2 Repairs & maintenance, for buildings devoted to nonconfor= ming uses - 28 Requirements of resolution declared to be minimum requirements - 68 Resolutions, repeal of con- flicting - 69 Rooming House, defined - 8 Saloons - 43 Schedule of District Regulations Adopted - 13 Supplementary district regu- lations - 14-24 Screening Vegetative for mobile home parks 41 For junkyard - 52 Separability clause - 69 Setback, defined - 8 Sewage Disposal Generally - 15 System required for mobile home parks - 46 Sign Generally - 829; 30,31 Defined - 8,9 On-site defined - 9 Off-site defined - 9 Billboard, defined - 9 Combination Vertical & Roof, defined - 9 Ground, defined - 9 Name plate - 9 Pylon - 9 None to be visible on certain special accessory uses - 18 General regulations,. -30,31 Offsite - 30 Snipe - 31 Political - 31 Obscene - 31 Strip lighting - 31 Sign, continued Illumination 31 - Bus benches -.31 Nonconforming -signs to be removed 31 Certain requirements for alcoholic beverage establishments - 43 Special :Accessory Uses, requirements for hotels, motels, and multiple dwellings = 18 Special Exception Defined - 9 Uses under not nonconforming - 29 Requirements of notice for - 61 Powers 9 procedure of Board of Adjustment in granting - 63,64 Street, defined - _9 Street frontage - See Frontage, street Street Line, defined - 10 Structure Defined - 10 Structural alteration, defined - 10 Accessory, in residential dis- tricts - 14 Certain exclusions for - 14 Nonconforming, amortization of structures designed for certain uses - 27 Nonconforming uses of - 27,28 Repairs and maintenance to non- conforming - 28 Discontinuation or abandonment - 26 Encroachments of certain into yards - 32 Supplementary District Regulations Generally - 14-24. Accessory uses 8 structures in residential and nonresidential districts - 14 Exclusions from height limits - 14 Use of residentially zoned property for access - 14 Visibility at intersections in residential districts - 15 Fences, walls, hedges - 15 Base building line established - 15 Sewage disposal - 15,16 Minimum elevation for filling.land 17 Boats, boathouses, docks, wharves 17 Tents - 17 Special accessory uses for motels, hotels, accessory buildings - 18 Tanks, Gasoline storage to be under- ground - 51 Tents - 17 Tourist Home, defined - 10 Trailers 8 Trailer Parks - See Mobile Homes 8 Mobile Home Parks Used, defined - 2 Unlawful or casual use, not grounds for nonconforming status - 29 Variance Defined - 10 Notice regarding - 61 General provisions governing - 62-64 Specific provisions regarding - 62,63 Use variance not to be granted - 63 Violations Enforcing Official to check, pro- cedure for handling - 56,68 Penalties for - 6 8 Each day a separate - 68 Visibility at intersections - 15 Walls Generally - 15 Required around filling stations - 51 Water Areas, zoning of 12 Wharves - 17 Yard Defined - 10 Generally - 32-35 Front, defined - 10 Rear, defined - 10 Side, defined - 10 Application of district regulations regarding 13 Encroachments into - 32 On certain boundary district lines - 32,33 In certain nonresidential districts 33 For lots without buildings - 33 For group housing - 33 Zoning Atlas - See Official Zoning Atlas Zoning Clerk - 56 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commission- ers of St. Lucie County in meeting assembled this day of 1961, as follows: Section 1. INTENT, PURPOSES, and METHODS The purpose.of this Resolution is to promote the public health, safety, morals, convenience, comfort, appearance, amenities, pros- perity, .and general welfare of St. Lucie County by the adoption of regulations and restrictions that stabili,e and enhance property and civic values; that facilitate more: adequate provision for increased safety in traffic, transportation, vehicular parking, parks, parkways, recreation, schools, public buildings, housing, light, air, water EL -?- ply, sewage, sanitation, and other public requirements; that lessen congestion, disorder, and danders that inhere in unplanned and unregu- lated development; that prevent overcrowding of land and undue concen- tration of population; that provide for a more equitable and Just ?and use pattern and basis for tax assessment; that increase the safety 1'..nd security of home life by creating a more favorable environment in which to rear children; and that provide more reasonable and service- able means . and methods of protecting and safeguarding the economic structure upon which the good of all depends. , To accomplish these aims and purposes, the County -'s divided into districts of such number, shape, area, common unity of purpo^e, Ped adaptability for use as are deemed most suitable to provide Iconon..c; wholesome, sightly, and harmonious activities and operatiors. ?.^. .ther aid of these purposes, the locations, uses, and occupancy o'. buildings, structures, and land and water to be used for trade, ineuc- try, residence',- agriculture, or other purposes are limited as arc ~'�^ percentage of lot occupancy and coverage, street setback lines, ^:�:es of- yards, and other open spaces. This Resolution shall be known and cited as the Zoning naso .*!t.'.^n. it is intended that this rnoolution shall be liberally constr-aed to accomplish its valid stated purpose. Sect! -.on Section 2 DEFINITIONS For the pur,>oses of the Zoning Resolution certain terms` or words herein shall be interpreted as follows: The word �eZ rson includes a firm, association, organization, pert- nershi;?, trust, company, or corporation as well as an individual. T:ie present tense includes the future tense, the singular number includes the plural, and the plural num:3er includes the singular. The mord shall is mandatory; The word may is permissive. Vae words used or occupied include the words intended, designed, or arranged to fie used or occupied. The word lot includes the words plotorap rcel. Tile word land includes eater surface and land under c..+ater. Accessory Use or Structure: A use or structure on the same lot with. and of a nature customarily incidental and subordinate to, the orincinal use or structure. Alteration, Altered, or Renaired; These terms shall include any changes in structural parts,�sta Mays, type of construction, kind or class of occupancy, light or ventilation, means of ingress and ecrress, or other changes affecting or regulated by the 3uilding Code or r ^,esolution, except for minor changas or repairs not involving t':,e afore3aid features. A>>artment Hotel: A multiple dwelling under resident su�ervis' on, which maintains an inner lobby through which all tenants must nava to gain access to the apartments and ,.which may furnish dining rooir. service. nutomohile tareckinq: The dismantling or disassembling of used motor vehicles ortraai ers, or the storage, sale or clumping. oL Ks - mantled, iartially dismantled, obsolete or wrecked vehicles or t:"eir ,)arts. Building: Any structure, either temporary or ,permanent, having a.roof, and used or built for the shelter or enclosure of persons, animals, chattels, or --)ro.)erty of any Und. This definition shall include tents, a finings, or vehicles situated on private -orol?erty and serving in any way the function of a auilding. Bun aloes or IIouse Courts: A grou'3 of two or more se!721ra`e res dential buildings on t e same Plot, having, separate outside entrances for each c?-.aelling unit. Cite of Jccu»anc�: The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution t'lerefor of a use of a different kind or class. Change of occupancy is not :_n- ten('_ed to include a change of tenants or ?ronrietors unless acco^t pa.nied by a c;iange in the ty_)e of use. 3. Club, Private: shall pertain to and include t:lo se associations and organizatioi:s of a frat'ernal or social character, not operated or maintained for profit. The term '-*;-)rivate club- shall not include casinos, night clubs, or otter institutions aperated as a business. Club, Night: A restaurant, dining room, bar, or other similar estate] meoviding food or refreshments wherein floor shaJ6 or other forms of entertainment by persons a.re nrovitled for guests. . Commercial Vehicle: Any vehicle designed, intended or used for transportation F)f people, goods, or things, other than private passen- ger vehicles and trailers for -)rivate non-_-)rofit transport of goods and boats. Commission, County: Vie 3oara-of County Commissioners of St. Lucie County. Convalescent Home v A building, or portion thereof, wherein for compensation, living accomodations and care are provided for persons suffering from illness, other than mental or contagious, which is not of sufficient severity to re.,. -,wire :hos?italization, or for persons re- quiring further institutional care after being discharged from a hospital other than a mental hospital. Dwelling: Any building, or )art thereof, occu_�iea in whole or in part, as the residence or living quarters of one or more persons, �er- ': manently or tem,)orarily, continuously or transiently, with cook -ng facilities. Dwellin , Single Family or One Family: A detached resi erce dessigRed for or oecu­)ied by on'e' Ya:tuly only. Drellin, n!o Families: A residence designed for or occun'ed by i t,vo far lie onlly, wiwitz seoarate housekenning and cooking facilitSes for each. D.-!elling, '%ultiple r ami: A resiuence designed for or occu!iiee e by three or more famill i s, wzt.i .separate house!leeeoing a^d coo;:ing facilities for each. Dwelling Unit: A space, area, or 2ortion of a building designee' for and cur».e :3y one family as a dwelling, with cooking and house- keeping facilities for t:►e exclusive use of such family. Erected: The word `erected" includes built, constructed, recon- structed, moved upon or any physical o-lerations on the premises re- quired for building. Excavations, fill drainage, and the ? ke shall-, ae considered a ---)art of erection. Family: One or more aersons occupying, a single house keeoing unit and using common cooking facilities, :.)rovided that unless all .^nemaers are related icy blood or marriaga no suc.i family shall contain over five persons, and .)rovided further that such far.+ily may inclUid'e toes guests and domestic servants. 4. FillingStation: ,Any building or land used for retail sale and dis,,)ens g of autom pile fuels or oils. A. filling station may furnish su>>lies, equipment and minor services to private .passenger vehicles incidental to sale and dispensing of automobile fuels and oils. Floor Area; There a specified minimum floor area is required in this P.esolution for a dwelling, floor area shall mean the total. gross floor area within the exterior enclosing walls of suc.i dijelling, not including porches, ':)reezeways, carports, terraces and garages. :here a sp,acified minimum floor area is required in this Resolution for a rental sleeping room, floor area shall man the en-.Iosed floor area of the sleeping room excluding closets, toilets, batarooms, porches and the like. Fowl: Any guineas, peafowls, ?heasant, pigeons or poultry. Frontage of a Property: Shall mean the lot line lahich abuts a street or separates the lot from a street. . Frontage of a Buil_d_i_n__� ; Shall mean the side or wall of a build- ing appFo_kGate y paraland nearest to a street. Garage, ConmunjtZ: A building or part thereof, used for indoor parking of a self- 6:ropelled private passenger vehicle, for use of residents in the vicinity and providing only incidental services for such vehicles as are oarked therein. Garage, Private: An accessory structure designed or used for in- side oar�g %)f j;eif propelled private passenger vehicles by the occu- pants of the main building. Grou.? Iiousinq: Shall mean two or more buildings for duelling �?urposes erected or :-)laced on the same lot.. Guest House: A dwelling unit: in a building, or separate from and in addition to a main residential :.)uilding, on a lot, intended for intermittent or transient occiroariry by a gratuitous guest. height of Duildin i The vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface for a flat roof, to the deck line for a mansard roof and to the mean height level between eaves and ridge for gable, hip and gambrel roofs. Hotel; A building or part thereof, in which sleeaing accomoda- tions are offered to the public,-Ath no cooking facilities for use by the occupants, and in which there may be a public dining room for the convenience of the guests. access to the sleeping rooms shall be through an inside lobby or office. 5. Junk -Yard: Place, structure or lot where junk, waste, discarded, salvage3, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc. are bought, sold, exchanged, baled, packed, disassembled, or handled, including auto wrecking yards, used lumber yards, housewrecking yards, and yards or places for storage or handling of salvaged house wrecking and structural steel materials. This definition shall not include pawn shops and establishments for the sale, purchase, or storage of usable second hand cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household goods and appliances. Nor shall it apply to the processing of used, discarded, or salvaged materials as part of manufacturing operations. Kennel: Any place or premises where 4 or more dogs over four months oTage are kept. Lot: For zoning purposes as covered by this Resolution, a lot isrcel a paof land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and open spaces as are herein required. Such lot shall have f ontage on an improved public street where required by the terms of this Resolution, and may consist of: a. a single lot of record; b. a portion of a lot of record; c. a combination of complete. lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; d. a parcel described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel .be created which does not meet the requirements of this Resolution. 6. Lot measurements: (a) nth of a lot shall be con.-idered to be the distance between the midpoirnts of stra'.-lht lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. . (b) Width of a lot shall be considered to be the distance between straight =fines connecting the front and rear lot lines at each. side of the lot, measured across the rear of the required front yard. Lot of Record: A lot which is part of a subdivision recorded in t ::s office oferCounty Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded. riot Tues: The diagram which follows illustrates terminology with r.Rfe:.to corner lots, interior lots, reversed_ frontage lots and t:irou h lots: P5 L A -D n® , In the diagram above, A=corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than 135 degrees. See lots marked A(1) in diagram. B=interior lot, defined as a lot other than a corner lot with only one frontage on a street other than an alley. C=th�rowgh lot, defined as a lot other than a corner lot with front- age on mor---e-Mian one street other than an alley. Through lots with _frontage on two streets may be referred to as double frontage lots. D --reversed frontage lot, defined as a lot in which the.frontage is at right angler, or approximately right angles, to the general pattern in the area invo led. A reversed frontage lot may also be a corner lot or an interior lot (See A -D and B -D in the diagram). Mining: The removal, as a commercial busininess, of any. -valuable inert or lifeless substance including sand, gravel, rock or stone, either in or upon the soil of the earth or beneath the soil. (Res. 72-76 6/20/72) 7. Mobile Home: A single family dwelling manufactured upon a chassis or undercarriage as an integral part thereof that may be drawn by a self-propelled vehicle and designed for transportation after fabrication on public highways to the site where it is to be occupied as a dwelling. Upon arrival at the site, mobile homes are complete and ready for.occupancy except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connections to utilities and other minor adjustments. This definition does not include modular or prefabricated homes. Mobile Home Park: A tract of land set aside and offered on a rental or lease basis by any person for the parking and accommo- dations of two (2) or more mobile homes for either direct money consideration or for indirect benefit to the owner or operator of such park. Mobile Home Space: A plot of ground within a mobile home park designated for the accommodation of one (1) mobile home AMENDED RESOLUTION 76-96 9/28/76 Mobile Home Subdivision: A subdivision designed and intended for single family residential use where residence in such subdivision is re- stricted exclusively to residence in mobile homes. Modular Home: A single family dwelling not manufactured upon a separate chassis or undercarriage as an integral part thereof, constructed with standard units or dimensions for flexibility and variety in use. Specifications must meet the requirements of the Southern Standard Building and Plumbing Code, National Electric Code and all local amendments. Such homes are designed.for transportation after fabrication on a flat bed or other trailer to its building site where it is to*be occupied as a dwelling. Nursing Home: A home for aged, chronically ill, or incurable per- sons in which 3 or more persons not of the immediate family are re- ceived, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Nursery School: A place for the day care and instruction of children not remaining over night. Parking: The term "parking" shall mean the temporary, transient storage of private passenger automobiles used for personal transporta- tion, while their operators are engaged in other activities. It shall, not include storage of new -or used cars for sale, service, rental, or other purpose other than specified above. "Parking" as defined herein shall apply only to open air storage of automobiles. Porch: A roofed -over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure. Poultry: Any chibkens, turkeys, ducks or geese. I Poultr2 Market: A commercial establishment or place where live poultry or fowl are kept and prepared for sale, including killing or cleaning. Recreational Vehicle: A vehicle, self-propelled or otherwise, designed and utilized for temporary lodging by the user when touring, camping, etc., of a size or weight as not to require a special highway movement permit when operated on the highway. (AMENDED RESOLUTION 76-965 9/28/76) Recreational Vehicle Park: A tract of land set aside and offered on a short term rental basis by an person for the parking and accom- modating of two (2) or more recreational vehicles for either direct money consideration or for indirect benefits to the owner or operator of such park. (AMENDED RESOLUTION 76-96, 9/.28/76) Recreational Vehicle Space: A plot of ground within a recreational vehicle park designated for the accommodation of one (1) recreational vehicle. (AMENDED RESOLUTION 76-96, 9/28/76) Rooming House: A building, or part thereof., other than a motel or hotel, where sleeping accommodations are provided for hire more or less transiently without provisions for cooking by guests or for meals for guests. Service Building: A structure housing toilets, lavatories, showers, laundry facilitieF and such other facilities as may be required or necessary. Setback: The minimum distance between the street line, or base building nil e, and the front line or side line of the building or any projection thereof, excluding projections specifically permitted. Shopping Center: A commercial development consisting of six (6) or more commercial, office., or service establishments in one (1) or more buildings built on a site that is designed, developed, controlled, or operated by a single ownership or management with off-street parking placed on the site to serve all establishments in the center. Any one (1) commercial, office, or service establishment with 42. ,000 square feet or more of gross floor area with off-street parking placed on the site shall also constitute a shopping center. (AMENDED RESOLUTION 79-63 7/17/7:9). Sign: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided how- ever that the following shall not be included in the applications of the regulations herein: (a) Signs not exceeding one (1) square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having com- mercial connotations; (b) Flags and insignias of any government except when displayed in connection with commercial promotions; (c) Legal notices; identification, information, or directional signs erected or required by governmental bodies; (d) Integral decorative or architectureal features of buildings, except letters, trademarks, moving parts, or moving lights; 611 (Sign, cont.) : - (e) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter. Sign, Number and Surface Area: For the purpose of determining number of signs, isa gn shall be considered to be a single display sur- face or display device containing elements organized, related, and com- posed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. Sign, On -Site: A sign relating in its subject matter to the premises on which it is located,,or to products, accommodations, services, or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor adver- tising business. Sign, Off -Site: A sign other than an on-site sign. Sign, Billboard: A sign designed for the application of letters, numerals, symbols, characters or illustrations by painting, light projec- tion, bills or posters, which is to be changed regularly, periodically, or frequently. Sign, Combination Vertical and Roof: A vertical projecting sign which extends above the roof line and is combined with a roof sign. The surface of such a sign shall be continuous on both parts and shall be contiguous to the wall and the roof. Sign, Ground: A sign attached to and supported by the ground. Sign,' Name Plate: A sign indicating the name and/or profession of a person or persons residing on the premises or legally occupying the pre- mises, or indicating a home occupation legally existing on the premises. Si E!, Pylon: A wall sign on the wall of an enclosed structure,.. which is erected above the ground or as an extension above or an addition to a building, primarily for the purpose of providing support and/or background for the sign copy. Special Exception: A special exception is a use that would not be appropriate generally or without restriction throughout the zoning divi- sion or district but which, if controlled as to number, area, location, or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, prosperity, or general wel- fare. Such uses are permitted in such zoning district as special excep- tions where specific provision for such exception is made in this Reso- lution. Street: A public thoroughfare 60 feet or more in width which affords principal means of access to abutting property, except that thoroughfares of lesser width in subdivisions duly recorded prior to the 'date of this Resolution shall be deemed streets. 10 . Street Line: The right of way�line of a street. Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Structural Alteration: Any change, except for repair or replacement, in supporting members oF a building or structure, such as bearing walls, columns., beams or girders. Tourist Home: A building, or part thereof, other than a motel or hotel, where sleeping accommodations are provided for transient guests, with or without meals, and which also serves as the residence of the operator. Utility Trailer: A utility trailer is a device on a wheel or on wheels with an unloaded gross weight of less than 4,000 pounds capable of bearing a load of whatsoever shape, size, or description and capable of being towed or being made capable of being towed behind an automobile, tractor, or other prime mover. For the purposes of this definition, the phrase "utility trailer" shall include, but is not limited thereby, a luggage trailer, boat trailer, camping trailer, horse trailer, midget automobile or motorcycle trailer, or any trailer capable of general pickup or utility use. Variance: A variance is a relaxation of the terms of this Zoning Resolution where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Resolution would result in unnecessary and undue hardship. As used in this Resolu- tion, a variance is authorized only for height, areas, and size of struc- ture or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts. Yard: A required open space unoccupied and unobstructed by any struc- ture or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided however that fences and walls may be permitted in any yard subject to limitations as noted herein and provided further that certain encroachments as specified in Section 10.1. are allowed. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective lot lines. Yard, Front: A yard extending across the full width of the lot be- tween the front lot line and the nearest line of the main use or main building on the lot. Yard, Rear: A yard extending across the full width of the lot be- tween the rear lot line and the nearest line of the main building. Yard Side: A yard extending from the front yard to the rear yard, betweent 'e -side lot line and the nearest line of any building or use on the lot. The width of the side yard shall be the shortest distance be- tween the side'.lot line and the nearest use or building on the lot. 11. Section 3. ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING ATLAS The County is hereby divided into zones, or districts, as shown in the Official Zoning Atlas which, together with all explanatory material therein, 'is hereby adopted by� reference and declared to be a part of this Resolution. Each page of the Official Zoning Atlas shall be identified by the signature of the Chairman of the Board of County Commissioners attes- ted by the signature of the Clerk of the Board of County Commissioners and bearing the seal of the County under the following words: "This is to certify that this is page number of the Official Zoning Atlas referred to in Section 3 of the Zoning Resolution of St. Lucie County, Florida" together with the date of the adoption of this Resolution. If, in accordance with the provisions of this Pte solution, changes are made in district boundaries or any other matter portrayed in the Official Zoning Atlas, such changes shall be made in the Ofi_r".ci.al Zon- ingAtlas promptly after the amendment has been approved by the County Commission, together with an entry in a log, to be placed at the front of the Official Zoning Atlas, as follows: "On (date) by Resolution of the Board of County Commissioners, the following (change) changes were made on page number of the Official Zoning Atlas: (brief description of nature of changej--which entry shall be signed by the Chairman of the County Commission and attested by the Clerk. The amending resolution shall provide that such changes or amendments shall not become effec- tive until after such change and entry has been made in the said Atlas. No changes of any nature shall be made in the Official Zoning Atlas or matter shown therein except in conformity with the procedures set forth in this Resolution. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this reso- lution and punishable under Section 25 of this Resolution. Regardless of the existence of purported copies of the Official Zoning Atlas which may from time to time be made or published, the Official Zoning Atlas which shall be located in the office of the En- forcing Official shall be the final authority as to the current zoning status of lands, buildings, and other structures in the County. Section 3 12. Section 4. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of districts shown in the Official Zoning Atlas, the following rules shall apply: 1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines; 2. Boundaries indicated .as approximately following platted lot lines shall be construed as following such lot lines, and boundaries indicated as approximately following property lines shall be construed as following such property lines; 3. Boundaries indicated as approximately following the boundaries of an incorporated municipality shall be construed as folling such boundaries; 4. Boundaries indicated as following railroad tracks shall be construed to be midway between the main tracks; 5. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 thru 4 above shall be so construed; 6. For clarity and convenience in mapping, zoning of water areas is not shown in the official Zoning Atlas but unless otherwise zoned the water surface and land under the water surface of all canals, rivers, waterways, ponds, lakes, and other water areas shall be interpreted as being in the same zoning district as the abutting land. If the zoning districts shown in the official zoning atlas are different on opposite sides of the water area, then the district on each side shall be deemed to extend to the center line or midpoint of the water area; 7. Distances not specifically indicated in the Official Zoning Atlas shall be determined insofar as possible by the scale of the map; 8. Where due to scale or illegibility of the Official Zoning Atlas, or where street. or property layout existing on the ground is at variance with that shown in the Atlas, or where there is uncertainty, contradic- tion, or conflict as to the intended location of any district boundary, the Board of Adjustment shall have the power and duty of interpreting the district boundary and designating its proper location. Section 4 13. Section 5. SCHEDULE OF DISTRICT REGULATIONS ADOPTED District regulations shall be as set forth in the Schedule of District Regulations, hereby adopted by reference and declared to. be a part of this Resolution, and in Section of this Resolution entitled. "Supplementary District Regulations." Section 6. APPLICATION OF DISTRICT REGULATIONS Except as hereinafter provided: 1. No building, structure, or land shall hereafter be used or oc- cupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered un- less in conformity with all of the regulations herein specified for the district in which it is located. 2. No building or other structure shall hereafter be erected or altered: a. to exceed the height; b. to accommodate or house a greater number of families; c. to occupy a gre ate r percentage of lot area; d. to have narrower or small rear yards, front yards, side yards, or other open spaces; than herein allowed; or in any manner contrary to the provisions of this Resolution. 3. No part of a yard, or other open space, or offstreet parking or loading space required about or in connection with any building for the purpose of complying with this Resolution, shall be included as. part of a yard, open space, or offstreet parking or loading space simi- larly required for any other building. 4. No yard, lot setback, clearance, parking area, or other space existing at the time of passage of this Resolution shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Resolution shall meet at least the min9mum requirements established by this Resolution. Within each district, the regulations set by this Resolution shall be minimum regulations and shall apply uniformly to each class or kind of structure Or land. Section 5 Section 6 Section 7. 1. Accesso All accessory dui 14. SUPPLEMENTARY DISTRICT REGULATIONS s and Structures - in Residential Districts. and uses shall: a. not;be located.in any required yard other than a rear yard. b. be located at least 7h feet from any lot line and at least 15 feet from any street line. c. not exceed the height of the principal building on the lot and in no event exceed 2 stories or 24 feet in height. d. not.occupy more than 358 of a required rear yard area. A private garage not over one story in height may located not less than 7h :feet from a rear or inside lot.line. 2. Accessory Uses and Structures - in Non Residential Districts. All uses an structures used for accessory purposes an ch are not permissible. as principal uses or structures shall: a. be located on the half or quarter of the lot farthest from from any street or streets on which the lot abuts. b. not exceed the height of the principal building on the lot provided that this limitation shall not apply in M-2 or M-3 districts. c. not occupy more than 35% of a required rear. yard area. 3. Exclusions from Height Limits. Radio and television towers for receiv nq purposes are not subject to height limits. Parapet walls may extend not more than 5 feet above the .allowable building height. The.following may exceed the height limits by not more than 258: a. Penthouses, scenery lots, towers, cupolas, steeples and domes not exceeding in gross are a.at maximum horizontal section 308 of roof area. b. Flag poles, airplane beacons, broadcasting towers, antenna, chimneys,.stacks, tanks, and roof structures. 4. Use of Residentially Zoned Pro2erty for Access. No residen- tially zoned lan sha 1 be used for driveway, walkway, or access pur- poses to any land that is nonresidentially zoned or to any land used for any purpose not permitted in a residential district. 5. Grade of Residential Buildings. The top surface of all floors of resldentia buildings shall e not less than 18 inches above the crown on any street adjacent to the lot, except that where topographical conditions are such that in the opinion of the Enforcing Official compliance would be impracticable or would cause grade level conditions detrimental to adjacent or nearby property, the Enforcing Official may modify the application of this requirement. Section 7 15. 6. Visibility at Intersections in Residential Districts. On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two ft. to ten ft. above the center- line grades of the intersection streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 ft. from the point of the intersection. 7. Fences, Walls, and Hedges. Nothwithstanding other provisions of this Resolution, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard in residential districts provided that no fence, wall or hedge along the sides or front edge of any.required front yard shall exceed a height of four feet,and provided further that no fence or wall in residential areas shall exceed a height of six feet. Where a fence is placed adjacent to a non -residentially zoned property the limit along the lot line dividing the residential and non -residentially zoned property shall be eight feet. AMENDED RESOLUTION NO. 73-44 4/3/73 "$.' Base Building Lines Established. Base building lines are here- by established from which all front and street side yard and setbacks required by this Resolution are to be measured and determined. For all State Roads in St. Lucie County except'Highway,_A1A, the base building line sha11­be rotated 55 feet from the centerline, except that where the existing -right of way lines provide a right of way width equal to or greater than 110 feet, such existing right of way lines shall constitute and be the base building line. For Highway AlA and Atlantic Beach Blvd., the base building line shall be located 80 feet from the centerline, except that where the existing right of way lines provide a right Qf way width equal to or greater than 160 feet, such existing right of way lines shall constitute and be the base building line; provided, however, that all buildings existing on the date of this Resolution which do not con- form to.the above base building line shall be considered as conforming and maybe replaced or rebuilt if damaged or destroyed. For all other roads or streets in St. Lucie County, the base building line shall be located 35 feet from the centerline, except that where the existing right of way lines provide a right of way width equal to or greater than 70 feet, such existing right of way lines shall constitute and be the base building lines. Provided, however, that in.any case where a road or street is partly on drainage right of way, the base building line shall..be located 110 feet, in the case of State Roads, and 70 feet in the case of all other roads, from the nearest drainage right of way line." 9. Sewage.Disposal. Under all zoning classifications in all - districts for all structures where a sanitary sewer exists or is later installed within a reasonable distance, a connection thereto shall be.required. Where no sanitary, sewer exists and an. individual sewage. disposal system is required, it shall conform with the standards and requirements of the St. Lucie.County Health Department and building permits shallnot be issued for those sites upon which the proposed method of sanitary sewage is not approved by said County Health Depart- ment. Accompanying the building permit application, there shall be a scale drawing of the building and plot plan showing Section 7 16. clearly the proposed sewage disposal system., Copies of these plans shall be submitted to the St. Lucie County Health Department for the issuance of a septic tank permit when the criteria established by the Board of County Commissioners are met. When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the Building Official may, at his discretion, issue a special permit for the foundations of such building. The holder of such a special permit _shall proceed at his.own risk and without assurance that a permit for the superstructure will be granted." (AMENDED RESO- LUTION 76-41, 5/4/76) Section 7 17. 10. Minimum Elevation for Filling Land. Any filled land created contiguous to the mainland or to any developed island in St. Lucie. County shall'be filled so that the settled elevation of such filled land shall be not less than 5.0 ft., as measured above mean sea level, U.S.C.& G.S. Datum. 11. Boats, Boathouses, Docks, and Wharves. No boat or vessel shall be used for sleeping or living purposes or otherwise as a place of residence, unless it is sound, seaworthy,. and equipped with selfpro pelling machinery in good operating condition: In a residentz -il district• no boathouse shall be erected or altered to an overall height exceeding 18 ft measured above mean sea level. Such boathouse shall not be erected within 10 ft of any side lot line. Buildings accessory to a boathouse shall be attached thereto. Boat- houses, including structures accessory thereto, shall not exceed .20 'ft. in width measured on a line parallel to the waterway line, nor exceed 40 ft. in depth measured at right angles to the waterway line. Dockage .space and facilities for mooring pleasure boats, yachts, and noncommercial.craft are permitted in any residential district on any waterway as an accessory use to residential occupancy of the land. A building permit to alter or erect any boathouse under this Section 7.11 of this Resolution shall not -be granted unless and until evidence has been presented showing that the proposed boathouse or alteration has been cleared with and approved by the appropriate state and federal authorities, or until a showing has been made that such approval -or approvals are not required by such authorities. A special permit, for which no charge shall be made, shall'be re- quired to erect any dockage space or facilities other than boathouses, under Sec. 7.11 of this .Resolution; such special permit shall not issue unless and until evidence has been presented showing that the proposed dockage space or facilities has been cleared with and approved by the appropriate state and federal authorities, or until a showing has been made that such approval or approvals are not required by such authorities. No dock shall project more than 5 ft. beyond the waterway line or established bulkhead line into any waterway 100 ft. or less in width. No dock shah. project beyond the waterway line or established bulkhead line more than 108 of the width of the waterway when the waterway.is 100 ft. or more in width, but no such dock shall extend beyond 200 ft. The 200 ft. limitation is subject to variance by the Board of Adjustment. 12. Tents. No tent shall be erected, used, or maintained for living quarters, except in campgrounds and recreational areas properly certified by;the Florida State Board of Health for such use. Section 7 18. 13.. Requirements for Special Accessory Uses for Hotels,Apart- ment Hotels, Motels, and Multi—% Dwellings. In districts where hotels, apartment hotels, motels, and multiple dwellings are permitted, the special accessory uses permitted for such activities are subject to the following requirements: a. Access to such uses to be limited to the interior of the building. No direct public access from the exterior of the building, except doors for exit purposes. b. No signs or advertising matter relating to such special acces- sory uses on the exterior or interior of the building visible from any street, water, or adjacent property except as permit- ted by this Resolution. (See schedule of district reqs) c. No show windows or displays relating to such special acces- sory uses on the exterior of the building or visible from any street, water, or adjacent property. d. Space occupied by such special accessory uses to be on in- terior of building and no evidence or indication of the exis- tence of such special accessory uses visible on or from ex- terior of building. 14. Land uses permitted in the regulations for zoning districts in incorporated areas, when abutting a common boundary with an area of similar zoning classification in the unincorporated area of St. Lucie County, will be permitted in such area by Special Exception subject to the provisions of Section 19.3 of the Zoning Resolution for St. Lucie County. 15. Utility trailers, except those with a gross unloaded weight of 500 pounds or less and licensed with "V" tags under Florida law or eligible for such licensing, may not be parked or located on any pro- perty in the R-lAA district, except where such utility trailer is park- ed or located' in a building completely enclosed by roof and walls. 16. Whenever storage or display of used or secondhand merchandise, except motor vehicles, farm machinery, boats, mobile homes and travel trailers in running condition is located outside of a building, there shall be provided and maintained in good condition a continous fence at least six .feet high around the entire display or storage area. Such fence shall be of similar composition, construction and color through- out and shall completely screen the merchandise displayed or stored in the area. Plans for such fence shall be submitted to the Planning & Zoning Commission who shall determine whether or not the proposed fence will meet the requirements of this.Resolution. No building permit shall be issued for the construction of such fence until the approval of the Planning & Zoning Commission has been secured. Such fence shall be maintained in good order, shall not be allowed to deteriorate and no signs shall be permitted thereon. In the case of storage or display areas for used or secondhand merchandise which exist on the effective date of this Resolution, the owner, lessee or operator thereof shall within ninety days after the adoption of this Resolution construct a fence around the storage or display area as above provided. Section 7 17. Home.Occupation. providing that: 19. An occupation conducted in a dwelling unit, a. No person other than members of the family residing on the premises shall be engaged in such occupation; b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area in excess of the mini tem floor area required in that zon- ing 'district shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non -illuminated, and mounted flat against the wall of the principal building; d. No home occupation shall be conducted in any accessory building; e. only sales incidental to the home occupation will be permitted. f. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residen- tial neighborhood,.and any need for parking generated by the conduct of such home occupation shall be met off the street. and other than in a required front.yard; g• No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or ele- trical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family resi- dence, or outside the dwelling unit if conducted in other than single family residence. In the case of electrical in- terference, no equipment or process shall be used which creates visual or audible interference in any radio or tele- vision receivers off the premises, or causes fluctuations in line voltage off the premises, Section 7 Amendment 4/21/70 18. TEMPORARY USES. 20 The Board of Adjustment may, after public hearing and subject to appropriate conditions and safeguards, grant special exceptions for the construction and operation of temporary concrete batching. plants necessary for the construction of public roads, bridges and public utility plants of such size as to make the hauling of concrete from existing plants to the construction site detrimental to the public interest. 19. AMENDED 5/27/75 RESOLUTION NO. 75-60 No building permit shall be issued for the erection of a building unless the lot abutts on a public street or a private street constructed to county specifications and approved by the Board of County Commis-... sioners for the minimum width set forth in the district regulations or 75 feet, whichever is greater. AMENDED RESOLUTION NO. 73-44 4/3/73 20. SITE PLAN APPROVAL: Whenever site plan approval is. required the following procedures and requirements shall be followed: (A) Site Plan Review - Procedure: No building or structure or part thereof, shall be erected or used, or, land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless a Site Plan for such building, structure, or use shall have been reviewed and 'approved by the Board of County Commissioners of St. Lucie County. (Resolution 79-97 10/23/79) (1) Before such site plan shall be approved, an application for such approval shall be filed in the Building and Zoning Dept. (2) The application shall be in the form prescribed by the Building and Zoning Department and shall be accompanied by the required application fee as follows: (A). Multi -family: .For the first 100 dwelling units or a fraction thereof, shall be $250.00 plus $50.00 for each additional 10.0 dwelling units or fraction thereof. (B) Shopping Center or Professional Center: Minimum charge of 250.00 for centers with 40,000 to 150,000 square.feet of building area. For 150,000 and over, add $50.00 for each additional 50,000 square feet or fraction thereof. (AMENDED RESOLUTION 78-95 10/10/78) The authority for a person other than the owner to file an application must be attached to said application. (B) Any such building, structure or use shall be erected, altered, installed and maintained in full conformity with the provis- ions of the zoning regulations and with a site plan approval by the Board of County Commissioners. Section 7 7 21. (C) In reviewing such site plans the Board of County Commissioners may consider the location, size, height, spacing, and utiliza- tion of any building, structure or use and their appurtenances, access and circulation of vehicles and pedestrians, streets, parking area, yards and open spaces, landscaping, relation- ship to existing and future land use of surrounding area, community facilities services and other public improvements. (D) The Board of County Commissioners1shall not approve such play, unless it finds that such site plan conforms to all applicable provisions of the zoning ordinance, that the safety and convenience of the public are properly provided for, that adequate off-street parking and loading facilities are provided for owners, tenants, visitors and employees, and that adequate protection and separation are provided for contiguous and near- by residential property. (E) The Board of County Commissioners may attach to its approval of a site plan any reasonable conditions, limitations or re- quirements which are found necessary in its judgment to effectuate the purposes of this section and carry out the spirit and purpose of the zoning regulations. (F) A site plan, for the purposes of this section, shall include, but not necessarily be limited to, the following plans, de- sians. specifications and information: (1 ) AMENDED 8/20/74 Boundary and topographic survey prepared by a registered Florida land surveyor showing the line of and elevation of mean high water and certifying the acreage contained within the property excluding any lands that have. an elevation of .less than the elevation of mean high water as provided in Paragraph 3 of Subsection 21 of Section 7. RESOLUTION NO. 74-103 (2) General dimensions, locations and uses of all buildings and structures. (3) Location and type of all outside facilities for waste disposal. (4 ) All driveways, parking areas and loading areas. (5 ) All pe des trial walks, mall, yards and open spaces . (6 ) Location and type of walls and fences. (7) Location and general character of landscaped ares. (8) The proposed schedule of development and construction and landscape treatment. The applicant may, at his option, submit a preliminary site plan sketch, with his initial application, indicating a general idea of how it is proposed to develop the parcel. Section 7 22 (G) MODIFICATION OF SITE PLAN Any change in use of buildings, structures, land or water, or institution of new- uses, or alteration of or additional building or structures or erection of.new-buildings or -'' structures shall be in accordance with a new -or modified site plan conforming and approved pursuant to this section. "Minor adjustments to an approved Site Plan which do not result in any of the following, may be approved by the Site Plan Technical Review Committee: 1. A violation of any provisions of this Zoning Resolution; 2. A change in the use or character of the development; 3. An increase in overall coverage, height, or density of structures; and 4. A reduction in approved open space or an increase, in the impervious area. All such minor adjustments to approved Site Plans shall not become effective until a completed application form and a filing fee established by the Board of. County Commissioners have been received in the Building and Zoning Department."Amended..Re;s..' 80:-76 (._8-26 '80) (H) AMENDED 8/20/74 RESOLUTION N0. 74-103 TIME LIMIT AND CHANGE OF OWNERSHIP The site plan approval shall terminate 12* months thereafter if construction of buildings has. not been started. Exten- sions xten- sions may be made by th.e Board of County Commissioners at its discretion. If, at any time during the valid approval period for a site plan, majority development ownership (51 percent or more) changes, approval of the site plan shall be automatically terminated. (I) SITE PLAN APPROVAL - PROCEDURE - Upon the approval of such site plan by the Board of County Commissioners, said plan shall be placed on file in the Building Department of the County and building permits may be issued. The decision of the Board of County Commissioners shall be final, unless otherwise appealed to the courts. (J) AMENDED 8/20/74 RESOLUTION NO. 74-103 EFFECTIVE DATE These regulations shall become effective upon their adoption; provided., however; that any project for which the site plan has been approved by the Board of County Commissioners will not be subject to these regulations if construction of build- ings is started within two (2) years from the date of such approval. .Section 7 23. AMENDED RESOLUTION NO. 74-103 8/20/74 21. Maximum Density 1. The maximum number of dwelling units, as defined in Section 2 of the Comprehensive Zoning Resolution, that may be constructed in the various zoning districts is as follows: A-1 1.0 per acre R-1 AA 1.5 per acre R -LA 3.0 per acre R -1B 3.5 per acre R -1C 4.0 per acre R-2 8.0 per acre R- 5MH No ne R -4A 5.0 per acre R -4B 8.0 per acre R -4C 11 per acre R -4D 14 per acre R -4E 18 per acre P-1 5.0 per acre B-1 5.0 per acre B-2 8.0 per acre B-3 None B-4 No ne M-1 None M-2 None M-3 None PS -1 None The Board of County Commissioners reserves the right to require a reduction in the maximum densities listed above when such allowable max- imum density is inconsistent with an adopted land use plan or when it has been determined by the Board that such reduction is warranted by conditions such as the following: (a) Unsafe access to the development; (b) Traffic congestion for streets adjoining the development; (c) An excessive burden imposed on parks, recreation area, schools, fire protection, water, sewer and other public facilities which serve or are proposed to serve the development. 2. The maximum number of hotel or motel units without cooking facilities. that may be constructed in a district permitting such use is 36 units per acre . 3. AMENDED RESOLUTION NO. 74-103 8/20/74 Density shall be computed only on lands which lie above the elevation of mean high water (M.H.W.) . The elevation of M.H.W. shall be determined by the National Ocean Survey of the National Oceanic and Atmospheric Administration (N.O.A.A.) . In determining the location of elevations above or below M.H.W. man-made changes in the topograph, e.g. dikes, roadways, embankments, etc. shall be ignored. Section 7 24. 4. If the owner of a tract of land, as hereinafter defined, desires to construct all of the dwelling or hotel or motel units permitted on such tract on a portion thereof and to leave the remainder in an unde- veloped state or to develop it as recreational or park areas, he may do so provided that prior to the issuance of building permits: (a) He obtains approval of a site plan in accordance with procedure set forth in Subsection 20 of Section 7. (b) He and any mortgage holders execute and deliver to said Board of County Commissioners a recordable instrument binding them- selves, their heirs, personal representatives, successors and assigns, not to construct any dwelling or hotel or motel units on said tract of land except those shown on the approved site plan.' If said approved site plan is subsequently modified in accordance with procedure set forth in Subsection 20 of Section 7, said recordable instrument shall be revised accordingly. (c) Construction of parks, playgrounds, golf courses, marinas, accessory restaurants, recreation buildings, restrooms and similar recreational facilities together with off-street parking facilities necessary for their use will be allowed if shown on an approved site plan 5. "A tract of land" as used herein means.a contiguous parcel of ind under one ownership. If such a parcel is divided by.a public road, j.c may be considered as one tract. 6. On North and South Hutchinson Island only, where AIA divides a tract of land, the Board of County Commissioners may refuse to allow density credit to be transferred from one side of the highway to the other. Where density credit is allowed to be transferred, total cumula- tive density shall not exceed 2 times the maximums heretofore set forth. RESOLUTION NO. 73-130 Amend Section 7 by adding subsection 22 to read: 20th Nov. 1973 22. Agricultural Labor Camps. Subject to the approval of the Board of County Commissioners, portable or mobile buildings meeting the standards of the State of Florida. and the U. S. Department of Labor may be used in agriculture labor camps as temporary housing for a period not to exceed 1 year. At expiration of 1 year period, use maybe extended for additional 1 year periods at the discretion of the Board of County Commissioners Section 7 25. Section 8. NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, AND NON- CONFORMING USES OF STRUCTURES AND PREMISES 1. Intent. Within the districts established by this Resolution or amendments that may later be adopted there exists lots, structures, and uses of land and structures which were lawful before this Resolu- tion was passed or amended, but which would be prohibited under the terms of this Resolution or future amendment. It is the intent of this Resolution to permit these nonconformi- ties to continue until they are removed, but not to encourage their survival. Such uses are declared by this resolution to be incompat- ible with peirmitted uses in the districts involved. It is further the intent of this Resolution that nonconformities shall not be enlarged upon, expanded, or extended, not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. 2. Buildings Under Construction: Outstanding Permits. To avoid undue hardship, nothing in this Resolution shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the date of this Resolution and upon which actual building construction has been diligently carried on. Actual construction is hereby.defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in preparation for or in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. Under this subsection, should construction, once begun, cease for a period of six months or more, it shall be deemed that actual con- struction has not been "diligently carried on" and a new building per- mit, based on conformance with the provisions of this Resolution shall be required. Outstanding valid building permits issued prior to the date of this Resolution authorizing construction or use which does not conform to the requirements of this resolution shall be void unless actual construction work is underway on such date. 3. Non -Conforming Lots of Record: Replatting of Lots. In any district in which dwe i.ngs are permitted, notwithstanding limitations imposed by other provisions of this Resolution, a single family dwell- ing and customary accessory buildings may be erected on any single -lot of record as of the date of this Resolution. Such lot must be in sepa- rate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other re- quirements not involving area or width, or both, of lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements may be obtained through the Board of Adjustment. Section 8 26. No parcel of land of less than minimum width, street frontage, and area requirements for the district in which it is located maybe out off from a larger parcel of land for .the purpose, whether immedi- ate or future, of building or development as a separate lot, except when properly.authorized by the Board of Adjustment. A building permit for a dwelling shall not issue unless a lot abuts for at least 30 feet on a street, and only one single family dwelling may be constructed on such frontage. 4. Non -Conforming Uses of Land and Elimination of Such Uses. Where, as of the date of this -Resolution; lawful use of land exists that is made no longer permissible under the terms of this Resolu- tion as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: a. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on the date of this Resolution. b. No such nonconforming use shall be moved in whole or in part or extended to include any other portion_of the lot or parcel occupied by such use as of the date of this Resolution. c. If any such nonconforming use of land ceases for any reason for a period of more than 60 consecutive days, except where such use has been suspended by Act of.God, any subsequent use of the land shall conform to the regu- lations specified'by this Resolution for the district in which it is located, except for agricultural and seasonal type uses. If use of land for such seasonal purposes is not made for two consecutive years, then allfurther use of such land shall be conforming. d. The nonconforming use of land shall be discontinued and. cease within 3 years from the date such use becomes non- conforming (except that this requirement shall not apply to agricultural uses nor to junkyards that have complied with the provisions of Paragraph 2(c) and 2(d) of Section 15) in each case where (1) no buildings are employed on the premises in connection with such use; (2) the only buildings employed are incidental or accessory to such use and have . an appraised value of less than $2,000 (where such structures have an appraised value of more than $2,000 the nonconforming use of land shall be treated as for a nonconforming struc- ture and use the provisions of subsection 5(d) below shall apply; (3) such use is.maintaine d in connection with a building conforming as to use, provided that this require-. ment of elimination shall not apply to offstreet parking accessory to a building conforming as to use. e. The nonconforming use of land which is accessory or inciden- tal to the nonconforming use of a building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued. Section 8 27. S. Nonconforming Structures: Amortization of Structures De- signed for Certain Uses. Where a lawful structure exists as of tne. ate of tis Resolution that could not be built under the terms of this Resolution by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No such structure may be enlarged or altered in a way which increases its nonconformity. b. Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of dam- age or destruction, it shall not be reconstructed except in conformity with the provisions of this Resolution. The use of any such reconstructed building shall thereafter conform to the provisions of this Resolution. c. ..Should any structure be moved for any reason from one lot or premises for any distance whatever, it shall thereafter con- form to the regulations for the district in which it is lo- cated after it is moved. d. In all residential districts any building or structure, all or substantially all of which is designed, arranged, or in- tended for a use permitted only in a business or industrial district, shall either be removed or it shall be altered or converted to a building or structure designed for a use per- mitted in the district within which it is located within six months after the termination of the periods of time set out by this Resolution. These periods are declared to be the reasonable amortization of the normal, useful life of each class of building and type of construction above the founda- tions, the types of construction being as defined and speci- fied in the Building Code of St. Lucie County. Type I Fire -Resistive Construction 30 years Type II Heavy Timber Construction 25 years Type III Ordinary Masonry Construction 20 years Type IV Nb tal Frame Construction 12 years Type V Wood Frame Construction 7 years 6. Nonconforming Uses of Structures. If a lawful use of a structure or p a structure and premises in combination, exists on the date of this Resolution, that .would not be allowed in the district . under the terms *of this Resolution, the lawful use may be continued so long as it remains otherwise lawful, subject to the following p rovisionss a. Any, structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in Which such structure is located, and the nonconforming use may not thereafter be resumed. Section 8 b. No existing structure devoted to a use not permitted by this Resolution in the district in which it is located, except one family residence, business or industrial districts, shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the struc- ture tructure to a use permitted in the district in which it is located. c. Any nonconforming use may be extended through any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Resolu- tion, but no such use shall be extended to occupy any land outside such building. d. If no structural alterations are made, any nonconforming use of a structure, or structure and premises in a non-residential district may be changed to another nonconforming use in such district provided that the Board of Adjustment, after public hearing and by making findings in the specific case, shall determine that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such a change the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this Resolution. e. When a nonconforming use ofa structure, or structure and pre- mises in combination, is discontinued or abandoned for six consecutive months or more, the structure, or structure and premises in.combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located, except for seasonal type uses. If use of such nonconforming seasonal type structure is not had for two (2) consecutive years, then all further use shall be conforming. f. There may be a change in tenancy, ownership, or management of a nonconforming use provided there is no change in the nature or character of the nonconforming use except as may be pro- vided by this Resolution. g. In residential districts, any change of a nonconforming use in a conforming building.shall be only to a conforming use. 7. Repgirs and Maintenance. On any building devoted in whole or in part to any nonconforming use, repairs and maintenance may be done in any twelve consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing in an amount not to exceed 20% of the assessed value of the building for such period, provided that the cubic content of the building as it existed as of the date of this Resolution shall not be increased. Nothing in this Resolution shall be deemed to prevent the streng- thening or restoring to a safe condition of any building or part there- of declared to be unsafe by any County official charged with protecting the public safety, upon the written order of such Official. Section 8 29. 8. Unlawful or Casual Use Not Grounds for Nonconformin Status. Nothing in t s Neso u on shall e 2reemed an auSorlzatlon for con- tinuation of a use of a structure, or a structure and premises, in violation of any other resolution of St. Lucie County in effect at the effective date of this Resolution or its amendment. Casual, temporary, or illegal use of a structure, land, or structure and land shall not be sufficient to.establish the existence of a nonconforming use or to create rights.in the continuance of such use. 9. Uses Under Exception Provisions Not Nonconforming Uses. Any use for which a special exception is per tte as provideproVided in this Resolution shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use'in such district. a Section 8 30. Section 9. SIGNS It is the intent of this Resolution to regulate for the purposes stated in this Resolution the number, size, location, and character of all signs which may be permitted as a main or accessory use under this Resolution. 1. Off -Site Signs. Off-site signs of any type or size are pro- hibited as a main or accessory use in residential districts, except as specifically authorized for the particular district by the text of this Resolution and the Schedule of District Regulations. Subject to the provisions of this section and the Schedule of District Regulations, off-site signs may be permitted in the A-1, B-11 B-2, B-3, B-4, M-1, M-2, and M-3 districts. 2. Off -Site Sign Regulations. The following general regulations shall apply to those districts where off-site signs are permitted. Where, in any district, the limitations are more restrictive than those stated below, the more restrictive limitations shall apply. No off-site sign shall: a. exceed 50 ft. in length or 500 sq. ft. in area; b. be so located or placed so as to face a lot on the same street occupied by a church, public school, public park, or playground, beach, civic or scenic area, or cemetery, nor nearer to such uses than 200 ft. along a common right of way line: C. be so located as to encroach on any public way, sidewalk or street or be located in any required yard or setback area, or be so located that any part of such sign extends nearer to a street line than any building on contiguous property where such building is located within 100 feet of such sign; d. be located closer than 30 ft. to the intersection of any two street lines or nearer than 50.ft. to any residential zone measured along a common right of way. The top of any off-site sign shall not be higher than 25 ft. above the grade of either the lot or the nearest street right-of-way whichever may be higher, and in no case. are double decker signs permitted. No off-site sign shall be nearer to another than 500 ft. in an A-1 district, nor nearer to another than 300 ft. in any other district where off-site signs are allowed, along the same side of a common right- of-way, except that: a. two or more off-site signs.may be grouped back to back, or in a single "V" having_ an included angle not greater than 30 degrees at a single location; b. the aggregate area of such signs at a single location facing generally in either direction shall not exceed 500 sq.ft. and such grouping of signs shall not exceed 50 ft. in length; ce these limitations on spacing shall not apply to wall signs each of which is not over 32 sq.ft. in area. Section 9 31. 3. Snipe Signs. Snipe signs of all types are prohibited in all zoning distr'cts. 4. Pol.tical Signs. No political signs, advertisements, hand- bills, snipe signs, or billboards shall be placed on property owned or used by St. Lucie County or by any other governmental agencies or units in the unincorporated areas of St. Lucie County. 5. Obscene, Indecent, Lewd, or Immoral Signs Prohibited. No obscene, lewd., indecent, immoral, rasciiTcus, or libidious sign shall be erected for whatsoever purpose within the unincorporated areas of St. Lucie County. 6. Strip Lighting. Strip lighting used solely to outline a structure, except sign structure, or any part thereof, shall be con- sidered to be and shall be regulated as. a form of sign. Strip light- ing is subject to regulation by the Provisions of this subsection and Shall not be construed -to be subject to other limitations of this section for area, size, character, or number of signs. Strip light- ing is prohibited in certain districts as shown on the Schedule of District Regulations. a. In R-4, B-1, and B-2 districts, strip lighting is limited: (1) to a total footage equivalent to the length (or width) of the building along the street frontage (including any offset thereof); (2) size of tubing may not exceed 15 millimeters; and (3) transofrmers for strip lighting may not exceed 30 miliamperes. b. In B-3, B-4, M-1, M-2, and M-3 districts, size of tubing and transformer is not limited, but strip lighting is limited to total footage equivalent to twice the length (or width) of the building along the street frontage (including offsets thereof.) Neon strip lighting and/or streamer lights are prohibited above. roof level of any building, except as part of a permitted roof sign. 7., Illumination of Signs. All permitted signs may be illumina- ted except were s gns are specifically permitted as nonilluminated signs. Neon -type signs are prohibited in certain districts as shown on the Schedule of District Regulations. 8. Bus Benches. Benches or shelters containing advertising and located on private property must comply with all zoning regulations applicable to signs. 9. Non -conforming Adver tising Si ns. All nonconforming adver- tising signs, except as otherwise provided, shall be removed, or shall be altered so -as to conform with the provisions of this Resolution within two years of.the effective date of this Resolution. Section 9 32. .Yard requirements stated in the Schedule of District Regulations and in this Section are designed to insure adequate light, air, venti- lation, safety, and privacy. ' 1. Encroachments into Yards. Every part of a required yard shall be open and unobstructed rom t% ground'to the sky except as Provided in this subsection or otherwise permitted by this Resolution. The following items may project into a required yard to the extent noted, providing that requirements for a maximum percentage of lot coverage, in those districts where such maximum requirements are set out in the Schedule of District Regulations, are met: a. Sills'and belt courses -- 12 inches, b. Cornices, eaves, and gutters -- 3.ft., provided that where yard is less than 5 ft.'in width, projection shall not be- ceed 1/2 of the yard width. c: chimneys, fireplaces, or pilasters -- 2 ft. d. Movable awings over doors and windows =- may.not.project closer than one foot to any lot line. e. Unroofed and unenclosed fire escapes, stairways, and bal- conies 'of a multiple dwelling, hotel, or motel -- 5 -ft. .into rear yard; 3 ft. 8 in. into side .yard. - f. Meter rooms not over 7 ft. in height -5 ft. into rear yard. g. Unenclosed porches or terraces not over 3h ft. above ground except for railings,and.roof -- S ft. into front yard;' 10 ft. into•rear yard; 3 ft. into side yard. No such structure having a roof shall extend closer than•2 ft. to any lot line. h. Hoods, canopies, and marquees -- 3 ft. but may not extend closer than 1•ft. to any lot line. 1. Fences, walls, and hedges are permitted as specified in Section 7.7. j. Accessory structures may be located as specified in Section 7�.1. 2. Provision of Yard on Plots on District Boundary Lines Where a Residential -Dist rict oins a Busiu is ct. Since yard requ rements are not set for-5usiness or in ustFiil Us- tricts, where such a district is separated by a street from a residen- tial district, any such lot in such business or industrial district adjacent to the separating street shall be provided with a yard at least .20 ft. in depth along such separating street. Section 10 33. Where a business or industrial district directly abuts a residen- tial district without any separator, such as a street, alley, canal, or other open space between them, then the lots in such business or in-. dustrial districts shall be required to provide yards adjacent to the residential districts.of depth as noted: a. B-1, B-2, B-3: 20 feet. b. B-4, M-1, H-2, M-3: 25 feet. Any yard required by this subsection may be used for walkways, drive- ways, or landscaping but not for any other use. 3. Provision of Yards for Residential Uses in Non -Residential Districts. W re a lot or a portion oa lot in a nonresidential 1 sttr�ict—is utilized for a permitted residential use, yards shall be required as follows: a. Residential use only principal use on lot --front, side, and rear yards for particular residential use involved as specified for lots in R-4 districts. b. Residential use on first or.ground floor along with a principal nonresidential use on same floor --rear yard and side yards ex- tending to rear yard for portion of lot occupied by residential use . c. Residential use located above principal nonresidential use -- rear yard and side yards, provided side yards may begin at level of lowest floor used for residential purposes and a side yard is not required on street side of lot. d. Lots used for hotels and motels are not required to provide any more or greater yards than -would be required for a nonresi- dential use on the particular lot involved. 4. Provision of Yards for Lots without Buildings. Lots utilized for a permitted use w t out buildiRilFs a ave the side yards and front yards required for such lot, unless otherwise stipulated by this Resolution. Side yards are not required on lots used for private garden purposes where there are no buildings or structures nor are side yards required for public recreation areas. Section 10 adopted 8/23/77 5. Building Spacing.. Minimum distance between any two (2) buildings or any building and a property. line shall be regulated according to the length and height of such building.. The maximum horizontal dimension of any building shall be three hundred (300) feet (including all deck areas and enclosed and covered walkways.) The formula regulating the required minimum distance between two buildings (referred to as Building A and Building B) is as .follows: LA + LB + 2 (HA + HB ) D= 4 The formula regulating the required minimum distance between a building (referred to as Building A)' and a property line is as follows: NN LPI, + 2 (HA) 4 D= required minimum horizontal distance between any wall of Building A and any wall of Building B (or the vertical extension of either) or between any wall of any building and a Property line. LA = total length of Building A. The total length of Building A is the length of that portion or portions of a wall or walls of Building A from which, when viewed directly from above, lines drawn perpendicular to Building A will intersect any wall of Building B. LB = total length of Building B. The total length of Building B is the length of that portion or portions of a wall or walls of Building B from which, when viewed directly from above, lines drawn perpendicular to Building B will intersect any wall of Building A. LPL = total length of Property Line. The total length of . the Property line is the length of that portion or portions of the Property Line from which, when viewed directly from above, lines drawn perpendicular to the Property Line will intersect any wall of any building. Section 10 - -- Lengtho-f--wal.-is--or-property _ lines_ _shall _be_measured as the horizontal distance from corner to corner. Wall length of a circular building shall be construed as the diameter or longest chord of the building. AMENDED RESOLUTION 80-30 (3/25/80) The term "wall or walls" shall include porches, balconies, deck areas and enclosed or covered.walkways. HA = height of Building A Hg = height of Building B These requirements shall apply to all Multiple Family Dwellings, Hotels and Motels and to all accessory uses with two (2) or more floors which are customarily associated with and subordinate to the principal use. These spacing requirements expressly supersede and shall control over the provisions of Paragraph No. 6 of "Land and Site Planning Criteria of the Hutchinson Island Plan" (Ordinance No. 74-7) and the "Minimum Yard Requirements" established in the District Regulations for R-4 Districts and P-1 Districts." Section 10 erected or instituted, except for agricultural u5rb t erthe effective date of this Resolution shall be provided with ade- quate offstreet parking facilities for the use of - occupants, , employees, visitors, or patrons. It is also the intent of this Resolution that the _ :---- public interest, welfare, and safety require that certain uses provide adequate offstreet loading facilities. Such offstreet parking and off- street loading facilities shall be maintained and continued as an acces- sory use so long as the main use is continued. 1. General. Buildings existing as of the effective date of this Resolution may modernized, altered, or repaired without providing additional offstreet parking or loading facilities, providing there is no increase in floor area or capacity and no change of offupancy. Where a building or use existed as of the effective date of this Resolution and such building or use is enlarged in floor area, volume, capacity, or space occupied, offstreet parking and loading as herein specified shall be provided for the additional floor area, volume, capacity or space so created or used. Change in use or occupancy of a building or use existing as of the effective date of this Resolution shall require additional offstreet parking and loading facilities to the extent that requirements for such facilities exceed the offstreet parking and loading requirements which would have been required for -the previous use or occupancy had the re guiations of this Resolution been applicable thereto. AMENDED RESOLUTION NO. 73-44 4/3/73 "2. Offstreet Parking Re ations'. For the purpose of this resolution, the term "offstreet Parking Space" shall consist of a minimum net area of 10 ft. x 20 ft., exclusive of access drives or aisles thereto for the parking of an automobile. Offstreet parking facilities inciuding access drives and aisles, for hotels, motels, apartment houses, and shopping centers shall be paved according to standard County specifications and shall be marked either by painted :cines, precast curbs, or in a similar fashion to indicate parking spaces. All required offstreet parking facilities shall be drained so as not to cause any nuisance to adjacent--- private -or public property. No paving other than entrance or exit drives shall be installed within 10 feet of adjoining property or within 10 feet of the front property line and said unpaved area shall be planted and appropriately maintained in lawn, sod, natural foliage, gardens or ponds. Two (2) feet of required depth of parking space may be planted in grass. No certificate of occupancy shall be issued until the required parking facilities have been provided, inspected, approved and certified by a Florida registered Engineer or certification by a licensed accredited testing lab. (Amended Resolution 79-63 (7".17-479) and Amended Resolution 81-42 (4-7-81), 3. Plans for Offstreet Parking Required. (4/21/70) A plan shall be submitted with every application for a building ermit for any building or use that is required to provide offstreet r°king. The plan shall, in addition to showing the detailed construc- tion, accurately designate the required parking spaces, access aisles and driveways, and the relation of the offstreet parking facilities to the uses or structures such facilities are designed to serve. When park- ing facilities are required, the plans therefor shall be approved by the County Engineer prior to the issuance of a building permit. Section 11 .4., Combined Offstreet Parking. Two or more owners or operators of buildings or uses requiring o -street parking facilities may make collective. provision for such facilities, provided that the total of such parking spaces when combined or used together shall not' be less than the sum of the requirements computed separately. No part of an offstreet parking area required for any building or use shall be included as a part of an offstreet. parking area similarly required for another building or use unless the Board of Adjustment shall find that the type of use indicates that the period of usage will not overlap or be concurrent with each other. 5. Employee Park. Where offstreet parking facilities are specified on the bA3is of numbers of employees, such parking shall be clearly marked and reserved for use of such employees. Where a use is required to provide and reserve a certain number of spaces for employees and the number of employees increases. after the building is occupied, then the amount of offstreet parking provided shall be increased in ratio to the increase in the number of employees. 6. Parking of Commercial Vehicles. offstreet parking facilities supplied by the owner or operator under the requirements of this Reso- lution shall not be used by commercial vehicles owned, operated, or used.in the business of such owner or operator during his regular hours of business. 7. Parking of Commercial Vehicles in Residential Districts. A commercial vehicle of not over one ton rated capacity may be parked on a lot whose principal use is residential and where the commercial veh- icle is used by a resident of the premises. A commercial vehicle of not over two tons rated capacity may be parked in an enclosed garage on a lot whose principal use Is residential and where the commercial vehicle is used by a resident of the premises. Permitted nonresidential uses may utilize and park on their premises such commercial or other vehicles as may be necessary and customary for such uses, but this pro- vision shall not be construed to permit the parking of school buses utilized by public, private, or parochial schools. 8. Non -Conforming Use. Where major repairs, alterations, or ex- tensions of use are to be made in a building occupied by a nonconform- ing use, no such repairs, alterations, or extensions shall be permitted unless and until the offstreet parking requirements, for a new use of the type involved, are applied to the existing use and full provision for offstreet parking facilities is made. 9. Amount of offstreet Parkinq. The following offstreet parking facilities sriall Se piovlded and ma ntained: Business, professional and governmental offices: . 1 parking space for each 400 sq.ft. of floor area. Bowling Alleys: 4 parking spaces for each alley. Section 11 not including Sunday School ciassroom5- ----Dormitories-,- fraternities: 1 parking space for each 2 beds, plus 1 parking space for the manager or operator, plus_1 parking space for each 2 employees. €e llingq, single family and two family: l narking .space for each dwelling unit. Dwelling, multiple family: One bedroom 105 parking spaces .Two b6droom 2 parsing spaces Three bedrooms 2.5 parking spaces Efficiency or Studio 1.5 parking spaces Exception: 0.5 parking spaces of the required number of parking spaces by type of multiple family dwelling may be left unpaved, but must be stabilized ard ofand ograssed, subject to Site 'Plan .approval. by the. P,. nty Commissioners." (AMENDED RESOLUTION 81-76, June 23, 1981) Elementary schools, public, private or parochial: 1 parking space for each classroom, plus h of additional parking spaces for rooms used for public assembly as otherwise required by this Section. Fractional measurements: Any such fraction equal to or greater than 1/2 of the unit of measurement shall require a full offstreet parking space. High schools and colleges, public, private or parochial: . 1 parking space for each classroom plus,l parking. space for each 10 students, or k/2 of the additional parking spaces for. rooms used for public assembly as otherwise required by this Section, whichever may be greater. Hospitals: 1 parking space for each 2 beds for patients, plus 2 parking spaces for each 4 employees. Hotels, including clubs: 3 parking spaces for each 4 sleeping rooms, or 3 parking spaces for each 4 bathrooms, whichever may be greater. If, in addition to sleeping rooms, there are other uses operated in conjunction with and/or as part of.the hotel, additional offstreet parking spaces shall be provided for such other uses as would be requir- ed if such uses were separate from tlx: hotel, to the extent of 35% or" . the offstreet parking specified for retail stores, offices;, service establishments, bars, restaurants, dining rooms, night clubs, cabarets, ballrooms, banquet halls, meeting rooms, auditoriums. Manufacturing and industrial uses, research and testing labora- tories,, bottling establisiumnts, printing and engraving shops, warehouses, motor vehicle salesrooms, wholesale stores, laun- dries, and storage buildings: 1 parking space for each 500 sq.ft. of floor area of the buildings. Section 11 Measurement: Floor ,area means the gross floor area inside of the exterior walls.. In hospitals, bassinets shall not count as beds. In stadiums, sports arenas, churches, and other places of assembly in which occu- pants utilize benches, pews, or other similar seating facilities each 20 linear inches of such seating facilities shall be counted as one seat for the purpose of computing offstreet parking requirements. Medical,; dental, chiropractic, etc. clinics (separate buildings) 4 parking spaces for each doctor. Mixed Uses: For mixed uses, the total requirement for offstreet parking shall be the sum of the requirements of the various uses computed separately, and offstreet parking space for one use shall not be considered as providing the required offstreet parking for any other use. Mobile Home Parks: 1 parking space for each mobile home. Mortuaries: 1 parking space for each 4 seats in public rooms. Mote ls,.tourist homes, guest cabins, villas, house courts: 1 parking space for each guest room, cabin, or rental unit, plus 1 parking space for the owner or manager. Places of public assembly, including assembly halls, exhibition halls, conveption halls, dance halls, skating rinks, sports arenas, community centers, libraries, and museums: 1 parking space for each 5 seats, or 1 parking space for each 200 sq.ft. of gross floor area occupied by guests, customers, patrons, members or other occupants, whichever may be greater. Private clubs, lodges, fraternal buildings, union halls: I parking space for each 120 sq.ft. of assembly hall and auditori- um, or 1 parking space for each 600 sq.ft. of gross floor area occupied by quests, customers, patrons, members or other occupants, whichever may be g re ate r . Restaurants, bars, beer gardens, night clubs: 1 parking space for each 50 sq.ft. of floor area in rooms for customer service. Retail stores, personal service shops, household repair or equip - shops, interior decoration shops: 1 parking space for each 400 sq.ft. of floor area. Rooming houses, lodging houses, boarding houses: 1 parking space for each 2 rental sleeping rooms, plus 1 parking space for the owner or operator, plus 1 parking space for each 2 employees. section 11 Sanitariums, asylums., orphanages, convalescent homes, homes for aged and infirm: 1 parking space for each 3 beds for patients or inmates. Stadiums, race tracks, fairgrounds, circus grounds: 1 parking space for each 5 seats. Theatres and other places of assembly having fixed seats: 1 parking space for each 4 seats. Uses not specifically mentioned: Same as provided for the use of most similar to the one sought, it being the intent to require all uses except agricultural to provide offstreet parking. Terminal facilities, including airports, railroad passenger and freight stations, bus depots, truck terminals, also charter sightseeing or fishing boat docks, commercial bathing beaches, commercial swimming pools and the like: 1 parking space for each 2 employees, plus offstreet parking space in an amount determined by the Board of Adjustment to be adequate to serve employees, and the public as customers, patrons, and visitors. 10. Offstreet Loading: S ecifications, Amounts. Offstreet loading facilities.are required by this Resolution'o- that vehicles engaged in unloading will not encroach on or interfere with the public use of streets and alleys by pedestrians and so that adequate space is avail- able for the unloading and loading of goods, materials, or things for delivery and shipping. Offstreet loading facilities supplied to meet the needs of one use may not be considered as meeting the needs of another use. When the use of a structure or land or any part thereof is changed to a use requiring offstreet loading facilities, the full amount of offstreet loading space required shall be supplied and maintained. When any structure is enlarged or any use extended so that the size of the resulting occupancy requires offstreet loading space, the full amount of such space shall be supplied and maintained for the structure or use in its enlarged or extended size. An offstreet loading space shall be an area at grade level at least 12 ft. wide by 45 ft. long with a 12 ft. vertical clearance. Each such space shall be directly accessible from a street or alley without cross-. ing or entering any other required offstreet loading space. Such load- ing space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. Section 11 The Board of Adjustment may reduce the required dimensions of the offstreet loading space to not less than 30 ft. in length and 8 ft. in vertical clearance (12 ft. width shall not be reduced) when, after pub- lic hearing,.the Board shall find that the size, character, and opera- tion of a particular building or use will not normally involve service requiring length and vertical clearance of the previously specified dimensions. 11. Plans for Offstreet Loading Required. A plan shall be submit- ted with every an5licat on fora building hermit for any use or struc- ture required to provide offstreet loading facilities. The plan shall accurately designate the required offstreet loading spaces,access there- to, dimensions and clearance._ 12. Combined Offstreet Loadin . Collective, joint or combined pro- visions for o street oa x::g facilities for two or more buildings or uses may be made, provided that such offstreet loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable thereby 13. Limitations on Offstreet.Loading Facilities. No facilities or area supplM to meet offstreet parking requirements shall be utilized or deemed to meet requirements for offstreet loading facilities. 14. Offstreet Loading Re uirements. Offstreet loading spaces shall be provided and maintained as o lows: a. Each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mor- tuary, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of: Over 5,000 sq.ft. but not over 25,000 sq.ft. 1 spaces) 25,000 60,000 2 60,000 120,000 3 120,000 200,000 4 200,000 290,000 5 plus for each additional_ 90,000 sq.ft. over. 290,000 sq.ft. or major fraction thereof 1 b. For each multiple dwelling or apartment hotel having at least 20 dwelling units but not over 50 dwelling units: 1 space. For each multiple dwelling unit having over 50 dwelling units: 1 spape plus 1 space for each additional 50 dwelling units or major fraction thereof. , c. For each auditorium, convention hall, exhibition hall, museum, motel, hotel, ' office building, sports area, stadium, hospital., sani- tarium, we lfa:re institution, or similar use which has an aggregate floor area of: Over 10,000 sq.ft. but not over 40,000 sq.ft.: 1 space, plus for each additional 60,000 sq.ft. over 40,000 sq.ft. or major fraction thereof: 1 siace. d. For apy use not specifically mentioned, the requirements for offstreet loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply. Section 11 . Section 12. ALCOHOLIC BEVERAGE ESTABLISHMENTS In addition to any other requirements or limitations of this Reso- lution, places for the sale of liquor, beer, and wine for consumption on the premises, package liquor stores, cocktail bars, saloons, and night clubs thereinafter called establishments) shall be subject to the following additional requirements and limitations. 1. These establishments must be located at least 2500 ft. from any public, private, or parochial elementary or high school, and 2500 ft. from any church. The required 2500 ft, minimum is to be measured in a straight li;ie from the front or main entrance door of the estab-- lishment to the nearest point of the church structure or the nearest point of the school lot. 2. These establishments must be located at least 500 ft. from another establishment. Th? required 500 ft. is to be measured in a straight line from the nearest point of one establishment to the near- est point of another. 3. The. requirements of (1) and (2) above shall not apply to establishments selling alcoholic beverages for consumption on or off the premises which conform to the following: (a) where sale of alcoholic beverages. is incidental to the service 'of food cooked on the premises and.'the restaurant has at least 4000 sw. ft. of customer space and at least 200 seats at tables for customers, or the sale of alcoho- lic beverages is incidental to a hotel operation having more than 50 guest rooms and the entrance to the establishment is from within the hotels with no outside direct entrance; (b) there shall be no show win- dow, display, sign, or other, indication of the establishment's location or existence'visible from the exterior of the building other than a lounge sign and/or a sign indicating dancing and entertainment; (c) no bar, cocktail, beer, wine, liquor, or similar sign shall be visible from the exterior of the building. 4. Therequirements of (1) and (2) above do not apply to private clubs where only members and guests are served and there are no indica- tions on the exterior of the building that alcoholic beverages are served therein. 5. Night clubs are subject to the separation requirements of (1) above but not to (2) if the night club meets the provisions of (3) above. 6. The requirements of (1) and (2) above are not applicable to location of places for the sale of beer and wine for off -premises consumption. Where an establishment is located and begins operation in confor- mity with this Section and with this Resolution, the subsequent loca- ting of a school or church within 2500 ft. of such existing establish- ment shall not be construed to put such establishment in violation of this Resolution. Section 12 Section 13. MOBILE HOMES & MOBILE HOPIE PARKS 1. Use of Mobile Homes Generall' . It is the intent of this Reso- lution, s ect to the exceptions as noted, that mobile homes used for residential purposes shall only be so used in approved mobile home parks or mobile home subdivisions. A mobile home shall not be considered to be permissible as an ac- cessdry building, except as provided by Special Exception in certain business and industrial districts. A mobile home may be used -as a tem- porary office or shelter incidental to construction or development of the premises upon which it is located only during the time construction or development is actively under way; such mobile home shall be removed within ten.days of the completion of the project. A mobile home may be used for a period not in excess of one year or until completion of con- struction, whichever comes first, in an A-1 or R -1C district on property for which a building permit for construction of a permanent.dwelling has been obtained, providing that construction is actively carried for- ward to completion within the aforesaid year and providing that the mobile home shall be removed in any event within one year of the date of issuance of the building permit. 2. Mobile Homes in A-1 District. A mobile home may be used for residentia purposes as a principa use in an A-1 District only sub- ject to the following requirements: a. Mininum lot size shall be ten (10) acres with at least 200 feet of frontage on a public road. b. One (1) mobile home may be installed for each ten (10) acres of -land included in a single tract and having at least 200 feet of frontage on a public road for each mobile home installed. c. When more than one mobile home is authorized on a single tract, they shall be separated by a minimum distance of 60 feet. d. Minimum setback on public roads shall be not less than 200 feet. e. Minimum separation between an existing residential build- ing and a mobile home shall not be less than 200 feet. f. Minimum setbacks from property lines other than "d" abovg shall be not less than 30 feet. g. -A permit for each mobile home installation must be se- cured from the Building Department prior to moving the mobile home onto the land. A fee of $10 shall be charged for such permit, and the permit shall be conspicuously posted as designated by the Building Department. h. Before any permit shall be issued, the applicant shall submit a septic tank permit from the County Health De- partment and plans in duplicate for installing such mobile homel which shall also include the electrical services to be used. i. Existing mobile homes in an A-1 District for which permits have been issued under the former subsection 2 of Section 13 shall be conforming and may be maintained, repaired, enlarged, or replaced by another mobile home. Section 13 3. Nonconforming Mobile Homes. At the effective date of this Re- solution, there are indivOual mole homes used for residential pur- poses located on individual lots in areas of the County zoned other than agricultural. Such mobile homes, presently located in districts zoned under any residential classification are nonconforming. Such mobile homes shall, within five years of the effective date of this Re- solution, be removed from such residentially zoned lots and, if reloca- ted within St. Lucie County, shall conform in all respects to this Zoning Resolution and any other app licable statutes and regulations. It is the intent of this Resolution that the five year period thus esta- blished sta- blished constitutes a reasonable time for the amortization of such a nonconforming mobile home. (11/1/66) Notwithstanding the provisions of this paragraph,. any nonconforming mobile home located in a residentially zoned district which was occupied on Septe;rber 1, 1966 by the owner or owners of the land on which it is located as his, her, or their permanent residence or was occupied :on said date by the parents or children of such owner or owners as their permanent residence may. remain thereon as long as said occupants continue to make it their permanent residence. In order to avail themselves of this privi lege , the owners of the properties on which such mobile homes are located shall within thirty (30) days from the date of the adoption of this amendment file with the Zoning Depart - rent -of St. Lucie County an affidavit.containing the description of the land in question, a description of the mobile home located thereon and the names and relationship of the person or persons occupying such mobile homes on September 1, 1966. Such mobile homes shall be removed from the land on which they are located within sixty (60) days from.the date on which they cease to be the permanent residence of the Person or persons occupying said trailers on September 1, 1966. 4. Storage and Parking of Mobile Homes; Temporal Parkin All parking or stor ng o mobile homes n w atsoever manner is proTiibited in residential districts except in R-iC districts. In R -1C districts no mobile home shall be parked or stored in residentially zoned pro- perty except in a garage or other accessory building completely en- closed by roof and walls, or on the rear half of the lot at least 25 feet from the rear and side lot lines. Such mobile home shall be owned by the owner or occupant of the lot and shall not be used for living, sleeping, or business purposes. A mobile home may be temporarily parked, for a period not to ex- ceed 24 hours in any 30 day period, in a residential district where the owner or operator of the mobile home is a guest of the owner or occu- pant of the property involved. Section 13 AMENDED RESOLUTION 76-96 9/28/76 5. Mobile.Home Parks and Recreational Vehicle Parks. Mobile dome --parks--and recreational- vehicle -parks- shall- meet the requirements of. Chapter 1OD-26, Rules of the State of Florida, Department of Health and Rehabilitative Services-, Division of Health, as amended from time to time. In addition, the following requirements shall be met: A. No construction, extension or alteration of a mobile home park or recreational vehicle park in the unincorporated area of St. Lucie County shall .take place until the owner has secured a permit from the Building. and Zoning Department of said County for the specific construction, alteration or extension proposed. B. All applications for mobile home park or recreational vehicle park, permits shall be made to said Building and Zoning Department and shall contain the following: (1) Name and address of applicant. (2) Location and legal description of the park site. (3) Complete engineering plans and specifications of the proposed park showing but not limited to the following: a. The area and dimensions of the tract of land; b. The number, location and size of all mobile home and recreational vehicle spaces; C. The location of water and sewer lines and riser pipes plus plans and specifications of the water supply, refuse and sewage disposal facilities, said plans and specifications to be approved by the St. Lucie County Health Department; d. Plans and specifications for all buildings constructed or to be constructed within the park; .e. A drainage plan and street plan for the entire park area showing the disposition of all surace waters approved by the St. Lucie County Engineering Department; f. The location and details of the lighting. and elec- trical systems including street lights; g. Plans for anchoring as per state specifications. C. In addition to permit fees charged for :st_ructures in the park., an additional fee of $2.00 per mobile home or recreational vehicle space will be charged. D. When upon payment of permit fees and review of the application, the Building and Zoning Department is satisfied that the plans submitted meet the requirements of these regulations, plans shall be approved and a permit shall be issued. All construction, alteration, or extension shall be in accord with said approved plans. Section 13 E. The site proposed shall contain not less than ten (10) acres of useable land for a mobile home park, or five (5) acres of useable land for a recreational vehicle park. F. The minimum space size shall be 50' x 100' for .mobile home parks and 30' x 60' for recreational vehicle parks. G.. The maximum space coverage per mobile home or. recreational vehicle plus additions shall be not more than forty (40) per cent. H. The maximum dwelling unit density in mobile home parks shall be six (6) per gross acre and the maximum recreational vehicle density in recreational. vehicle parks shall be fourteen (14) per gross acre. I. The minimum separation and yard requirements for mobile home and recreational vehicle parks are: (1) Mobile Home Parks Front - 10 feet Rear 15 feet Side - Mobile homes shall be separated from each IV other and from other structures by at least fifteen (15) feet. Any accessory structures such as attached awnings, screen rooms, carports or individual storage facilities shall be considered to be part of the mobile home. (2) Recreational Vehicle Parks No required front or rear yard; however, recreational vehicles shall be separated from each other and from any structure by at least ten (10) feet. Any accessory such as attached awnings, popouts, etc. shall be considered to be part of the recreational vehicle. J. There shall be a landscaped buffer strip not less than twenty-five (25) feet in depth along all boundaries. All buffer strips (except waterfront) shall contain a plant and/or structural screen which shall be at least 750 opaque, at least six (6) feet high and shall extend the length of the buffer strip except for driveway openings. Newly planted screens shall meet the height and opaqueness requirements within twelve (12) months of planting. The landscaped buffer strip shall be separate from mobile home sites,, recreational vehicle sites, recreation areas, street rights of way and utility building sites, but may be utilized for drainage structures and utilities distribution and collection. Section 23 K. Street systems and parking requirements: (1) All parks shall be provided with safe, convenient and direct vehicular, access from abutting public streets or roads to each space. Such access shall be provided by streets, driveways or other means. (2) Park entrance paving shall be at least thirty-six (36) feet wide and no parking shall be permitted for a distance of one hundred (100) feet from its point of beginning. (3) All other streets must have a right of way of not less than thirty (30) feet and shall be adequately lighted. (4) All paving must be to county specifications. L. Required recreation areas: (1) In all parks there shall be one or more recreation areas which shall be easily accessible to all park residents. (2) The .size of such recreation areas shall be based upon a minimum of one hundred (100) square feet for each space. No outdoor recreation area shall contain less than 3,000 square feet and shall not be longer than twice its width. M. For the purpose of development of a no bile home park, sales of mobile homes may be allowed on a mobile home site for a period not to exceed two (2) years, which may be extended by application to the Board of County Commissioners. The .specific site or sites must be shown on the approved plans. N. Parks may be constructed in phases. No phase shall contain less than ten (10) acres. A Certificate of Occupancy shall be issued by the Building and Zoning Department for each phase,. subject to the following: (1) The St. Lucie County Health Department has given written approval of the water and sewerage disposal systems as constructed; (2) The County Engineering Department has given its written approval of the drainage and street systems as constructed; (3) All recreation facilities .shown on the approved plans_ shall be completed before any Certificate of Occupancy is issued for any phase; Section 13 (4) All other improvements for each phase shown on the approved plans shall be completed before a Certificate of Occupancy is issued for that phase. 0. Dwelling units or living quarters, except in a mobile home or as an accessory.-- use, are prohibited in a mobile home park... P. Only recreational vehicles shall.be allowed in a recreational vehicle park, and no structures shall be erected.by tenants. Q. Facilities for emptying tanks of recreational vehicles shall be provided at all recreational vehicle parks. R. No person shall occupay a space in a recreational vehicle park for more than six (6) months in any year." Section 13 SECTION 13-B Condominium Travel Trailer Subdivisions 1. No buildings, structures, or additions of any kind, except al- uminum screen rooms as hereinafter provided, may be erected on any lot in a Condominium Travel Trailer Subdivision. 2. Aluminum screen rooms not exceeding 500 pound weight may be installed subject to the following conditions: (a) Aluminum roof and wall panels shall have a minimum sheet thickness of 0.032 inches and a section modulous as re- quired by the Southern Standard Building Code to support design loads. (b) Roof panels shall not exceed 12 inches in width so as to be easily dismantled and shall have a maximum clear span and eave overhang of .10 feet and 1 foot respectively. (c) Roof and wall panels shall be fastened to top and bottom channels using 34 inch cadium plated bolts with wing nuts with a minimum of two bolts per panel. (d) Base. channels shall be fastened to concrete slab as re- quired to resist design loads. (e) Screen rooms shall be supported on a 4 inch thick concrete slab with 6 x 6 x 10/10 W.W.F. over the full slab area with tiedown meeting wind load requirements of the Southern Standard Building Code. . (f) Canvas roofs may be used as an alternate to aluminum roofs but shall be protected with not less than 1 hour' fire re- sistance protection as required by. the Southern Standard Building Code. (g) The wall enclosure of screen rooms must be 90% screen, which limits impervious surfaces to 10% of the total screen room wall area, provided, however, that vinyl snap -ins, snap -ons or roll down windbreaks may be allowed. (AMENDED RESOLUTION 76-84, 8/.17/76) (h) There shall be an 8 foot side setback from the property line opposite the location of the travel trailer unit and a rear setback of 8 feet from the rear property line. (i) Screen rooms must be attached to the travel trailer and must be dismantled and removed when the camper is moved from the lot. No free standing screen rooms will be permitted. .(j) No screen rooms shall be erected unless a permit has been obtained from the County Building and Zoning Department. (k) Plans for screen rooms shall be submitted to the Building and Zoning Department for approval. These plans must carry the seal of an architect or engineer .and be accompanied by an affidavit from the engineer stating that the structure meets. or exceeds the Southern Standard Building Code as per require- ments of Paragraph B of Section 105.6 of the Southern Standard Building Code Section 13-B Section 14. FxLLINO STATIONS the following requirements, in addition to or supplementing any other applicable requirements of this Resolution, apply to the loca- tion, design, construction, operation, and maintenance of filling stations: 1 Lot, size of not less than 100 ft. in width & 100 ft. in depth. 2. Minimum distance of 250 ft. shortest airline measurement be- tween nearest points on any lot to be used for filling station pur- poses and any lot used or to be used for church, playground, playfield, park, hospital, elementary or high school, public library, theatre, auditorium, *tadium, arena, assembly hall, or other similar public or semi-public place where large numbers of people congregate. 3. Gasbline pumps must be located not less than 12 ft. from any base building line and not less than 10 ft. from any property line. 4. No filling station building or gasoline pump is to be located within 25 ft of any residentially zoned property. 5. A 4 ft high masonry wall of good quality and design shall be built on all property lines, other than street lines, of a lot occupied by -a filling station. The wall shall be solid and unpierce except that a wall along an alley line may have a 3 ft. opening, closed by a substantial gate when the opening is not in use. The height of the wall shall be reduced to 2k ft for a distance of 10 ft back from its inter- section with a street line. The Board of Adjustment may waive the re- quirement of a wall, upon a finding that such wall is unnecessary for the protection of contiguous property or would interfere unduly with access to the filling station. 6. All lighting on a filling station must be so arranged and de- signed as to not glare directly into residentially zoned property. 7. For each 100 ft of lot frontage or major fraction thereof', there must be two (2) driveways for entrance and exit. There must be 10 ft distange between the two driveways and no driveway shall be over 50 ft in width at street line. Driveways must be 10 ft from alley or private property lines. On a corner lot, all driveways must be at least 10 ft From the intersection of street lines or from the inter- section of the street lines produced. 8. All tanks for the storage of gasoline, kerosene, or other petroleum products shall be located underground, except that tanks holding not in excess of 2,000 gallons used for the storage of liquefied petroleum gaO may be located above ground. Such tanks for the storage of liquefied petroleum gas shall not be located within 25 ft of any front lot line nor within 15 ft of any side or rear lot line. Section 14 Section 15. JUNKYARDS. To accomplish the aims of this Resolution, junkyards shall be subject to the following provisions: 1. Junkyards established after the effective date of this Resolution shall meet the provisions of this subsection and all other applicable provisions of this Resolution. a. The minimum area of land to be so used shall not be less than 40,000 sq. ft. and the maximum area shall not exceed 200,000 sq. ft. b. No automobile or vehicle not in running order or any other junk or scrap of whatsoever character shall at any time be located for storage, dismantling or any other purpose within 75 ft. of any boundary of any residential district, within 50 ft. of the front street line, within 30 ft. of any side street line, nor within 30 ft.' of any other property line of the lot to be so used. c. The area to be occupied by the junkyard shall be entirely surrounded by a substantial, continuous fence, or wall 8 ft. in height, or by vegetative screening. 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, such entrance and exit to be equipped with unpierce gates. Such gates shall - be closed and securely locked at all -times, except during business hours. A chain link fence, 6 ft. in height with an additional 3-strang barbed-wire top inclined inward, may be substituted for such fence or wall. Plans for such fence or wall shall be submitted to the Planning and Zon- ing Commission who shall determine whether or not the pro- posed fence will meet the .requirements of this Resolution. No building permit shall be issued for the construction of such fence or wall until the approval of the Planning and Zoning Commission has been secured. Such fence shall be maintained in good order and shall not be allowed to de- teriorate. d.' No junked or wrecked motor vehicles shall be stacked to a height of more than 24 feet in any junk yard. If vegetative screening is to be substituted for such fence or wall, plans for such screening shall be submitted to the Planning and Zoning Commission. Such vegetative screening shall consist of a greenbelt strip not less. than 20 ft. wide where it adjoins another lot line, nor less than 10.ft. wide where it adjoins a street line. The greenbelt shall be com- posed of at lease one row of deciduous or evergreen trees and -one or two rows of shrubs. The Planning &.Zoning Com- mission shall approve, or disapprove, such request for vegetative screening. Section 15. 2. Since it is the intent of this Zoning Resolution to minimize the extension of nonconforming uses and to look to their possible eventual elimination, any junkyard existing and operating as a noncon- forming use in any district on the adoption of this Resolution shall be allowed to continue its operations subject to the following pro- visions: a. The area used for the operation of such junkyard shall not be increased at any time or under any circumstances. b. No additional permanent buildings shall be erected and no presently existing permanent buildings shall be structur- ally altered to increase their bulk or square footage area. c. Within one year of the effective date of this Resolution no automobile not in running order or any other junk or scrap of whatsoever character shall at any time be located for storage, dismantling or any other purpose within 75 ft of any boundary of any residential district, within 50 ft of the front street line, within 30 ft of any side street line, nor within 30 ft of any other property line of the lot being so used. It is,the intent of this Resolution that where such autos, junk., or scrap are presently so lo- cated one year constitutes a reasonable time within which to require the owner or operator of the junkyard to conform to the provisions of this Resolution. d. Within 18 months after the effective date of this Resolu- tion the area occupied by the junkyard shall be entirely surrounded by a substantial, continuous fence or wall 8 ft in height, or by vegetative screening. The fence shall meet the requirements of subsection l(c) above and the pro- cedure there outlined for approval of the plans for such fence shall be followed. e. No junked or wrecked motor vehicles shall be stacked to a height of more than 24 feet in any junk yard. If the re- quired set backs or clear zones have been waived by offi- cial action of the Board of Adjustment, no junked or wrecked motor vehicles shall be stacked to a height of more than 8 feet within 50 feet of the line of the property being used as a junkyard. It is the intent of this Resolution that the time period allowed for the erection of the fence is reasonable and that the requirement of such fence is necessary to accomplish the purpose of this Resolution. SECTION 15-A MINING 1. GENERAL_ All mining operations shall require approval by the Board of County Commissioners as'hereinafter provided. There are hereby established two (2) classes of mining operation permits as follows: (a) 'Class I Permit. This class of permit shall apply .to all mining operations that do not qualify for a. Class II Permit_" A Class I Permit shall be for a period of forty-eight (48) months in duration and the land owner/mine operator shall be required to reclaim the land to a suitable condition within six (6) months following the expiration of the permit or cessation of mining activity, whichever first occurs, unless renewal of such per- mit is approved. (b) Class'll Permit. This class. of permit shall apply to mining operations that meet the following qualifications: (1) The area to be mined involves more than twenty (20) acres. (2) The type of mining activity, involves the excavation of lime rock, cemented coquina, shell rock or other solid mineral matter requiring a long-term phased mining plan with a substantial capital investment in plant and equipment. This Class II Permit shall be for a period of twenty (20)' - years in and the Iand owner/mine operator must com- plete reclaiming the land within twelve (12) months following completion of the excavation activity of each phase or permit expiration (unless renewed), whichever first occurs_ During the term of this permit, the land owner/mine operator shall update its mining plan at least once every four (4) years or as needed to reflect significant changes to the plan. The updated plan shall be filed in duplicate with an approval by the County Engineer as provided herein. The existing approved mining plan shall remain in effect until the up- dated edition is approved by the County Engineer. The updated plan shall be subject to approval by the Board of County Commissioners' in the same manner as an application for mining when, in the opinion of the County Engineer, either of the following conditions exist: (1) The updated plan constitutes a significant change to the approved mining plan; or (2) The operator has failed to meet any requirement of this Section or any provision of the approved mining plan. Section 15—A 55 Failure timely to file an updated plan shall render the approved mining plan expired. 2-' APPROVAL PROCEDURE. Step 1. Submission of Mining Plan and Application. Two (2) copies of the mining plan, Iegibly drawn to scale, shall be filed with the County Engineer by the owner or mine operator of the land involved. Said plan shall delineate procedures to assure that, upon completion of the mining activity, the land surface shall be left in a suitable condition as provided herein. Said plan shall show: A.- Legal description and pertinent dimensions. . B.1 Side slopes. (l) From bottom of excavation to a point lying 4.0 feet below the proposed water table, For mining activities involving solid mineral matter, no maximum or minimum; for all others, side slopes shall be Iimited to'a maximum of 1.5 feet horizontal to 1.0 feet vertical. (2) From a point 4.0 feet below the normal water table to normal ground surface or the top of the berm, if required, the side slope shall be limited to a maximum of 4.0 feet horizontal to 1.0 feet vertical except that, where the mining activities involve solid mineral matter, the slope from a point 4.0 feet below the nor- mal water table to the top of the solid mineral matter may be increased to 2.0 feet horizontal to 1.0 feet vertical. B.2 Berm. It shall be required, except if deemed unnecessary by the County Engineer, that a permanent berm be constructed. Such berm to be 2.0 feet above natural ground, have'a three foot top and 4.0 feet horizontal to 1.0 feet vertical front and back slopes. B.3 Swale. It shall be required, except if deemed unnecessary by the - County Engineer,. that a permanent swale may be constructed around all or a part of the.excavated area. Such Swale shall have a depth of 1.0 feet minimum to 2.0 feet maximum with horizontal grade of +0.20% and -0.20% in 500' lengths. Section 15-A 55-A It will also be determined in field by County Engineer as to the necessity for including outfall culverts from swale into mine area. C. Areas to be developed as lakes, etc. D.I Disturbed Areas. All disturbed areas shall be promptly seeded and mulched with grass mixtures and rate of application as per Florida DOT specifications to establish .capable cover during the growing season for which it is applied. D.2 Revegetation_ Revegetation shall be considered complete upon demonstrating a reasonable stand of perennial vegetation cover established one year after reclamation. The owner/operator will be res- ponsible for erosion which occurs during the one year period. E. Safeguards to prevent loose sand from blowing onto adjacent property. F.1 Procedure to be used to identify boundary lines on site. F.2 All property corners shall be marked with poles painted red and set in the ground such that.the top of the pole can be clearly seen with the naked eye from the next boundary marker. G. Location and general description of machinery dnd equipment to be used in any screenings, crushing or processing opera- tion for materials mined or excavated on the premises. H. A timetable/schedule for the mining activities from commence- ment through completion of restoration. This schedule shall be for the entire operation for a Class I'Permit. The appli- cation.for_.a_Class. I1_ Permit shall contain a general time- table for the entire operation and a more specific timetable for the mining activities within the active phase of the operation. As the miner moves from one phase to the next, the more specific timetable shall be revised for the new phase. No mining excavation below adjacent road grade shall be permitted within 150 feet of the right of way line of any public road or street within a dimension from adjoining prop- erty as determined by the Board of County Commissioners. Said dimensions shall be a minimum of fifteen (15) feet ex- cept where adjoining property is being used, or has been used, for mining, or is owned by the person making application in which cases no minimum set back shall be required. Section 15-A - -_ If the County Engineer determines that the plans meet technical requirements for filing, he shall so note on the - -- plans and return one copy to applicant and retain the other copy. Applicant shall then file application for public hear- ing and pay the applicable filing fee. Step 2. Public Hearing. The Board of County Commissioners shall hold a public hear- ing after due public ntoice and shall approve, modify or deny the appli- cation for mining. In approving or modifying an application for mining, the Board may impose such conditions as it deems appropriate to the speci- fic mining operation involved. Step 3. Performance Security. If the Board of County Commissioners approves the plan as submitted or modified, the Board shall determine, upon receiving the recommendation of the County Engineer, the amount and type of security necessary to assure reclamation. The amount of the security shall be reasonably related to the anticipated cost of reclam- ation activity. For a Class 11 Permit, the security shall be required for only the excavation area within the active phase(s) of development. It is contemplated that the mining activities under a type II permit plan will call for mining activities in only one or two phases of a multi -phase plan at any one time and the permittee shall not be re- quired to post security for areas that are not within the phase(s) where mining activities are being carried on. The Board may exempt a permit- tee from the obligation to furnish security upon the written request of the permittee for such exemption. The Board in determining whether such a request should be granted, will consider: (1) the financial responsibility of the permittee; (2) the degree.to which the permittee has complied with the provisions of any existing or past approved plan; (3) such other matters as the Board may deem appro- priate and relevant. --- Section 15-A JJ -V Any required security will be released upon certification by the County Engineer that reclamation is complete. Step 4. Issuance of Permit. Following approval of the application by the Board of County Commissioners, the applicant shall post with the County a suit- able performance bond or other security in the amount established by the Board in form approved by the County Attorney, unless the Board has exempted the applicant from the security requirement. After approval of the security, if any, and payment by the applicant of the appropriate permit fee, the County Engineer shall issue the mining permit. No mining may commence until a permit is issued_ If applicant fails to post secur- ity and/or obtain mining permit as provided herein within 90 days follow- ing approval, approval shall automatically terminate. 3. MISCELLANEOUS. A. The County Engineer is hereby authorized to enforce the provisions hereof and require compliance with the approved mining plan_ B. Owners of all existing mines shall, within six (6) months of the adoption of these regulations, file a mining plan and post a completion bond, both acceptable to the Board of County Commissioners, whereupon a mining permit shall be issued. C. The above requirements will not apply where excavations are made solely for drainage purposes or other similar improvements, and where material from said. excavations is not sold as a commercial -busi- ness. Where excavations are made on publicly owned property or easements, the Board of County Commissioners may authorize an exception from these requirements_ Section 15-A D. During construction or development for which a building permit has been issued or a site plan has been _approved and where excess material is excavated incidental to the work, the Board of County Commis- sioners may authorize an exception from these requirements. The Board of County Commissioners reserves the right to require a mining plan and/or security. Amended Resolution 82-171. Adopted November 23, 1982. Section 15-A b. Issue notices of hearings and such other notifications, when required by the County Commission, the Planning and Zoning Commission or the Board of Adjustment under the terms of this Resolution; c. Perform such other clerical duties of these three bodies as may be required by them. Section 17. PLANNING AND ZONING COMMISSION: ORGANIZATION PROCEDURE, POWERS The County Commission shall appoint a group of not less than five nor more than nine qualified electors of St. Lucie County to serve as a Planning and Zoning Commission. The members of the Planning & Zoning Commission shall serve at the pleasure of the County Commission. The members of the Planning & Zoning Commission shall serve without compen- sation, but may receive necessary travel and other expenses while on official business outside. St. Lucie County. 1. Advisory Function to County Commission. The Planning & Zoning Commission shall serve in an advisory capacity to the County Commission and to that end may make such studies and investigations as may be re- quired by the County Commission or which the Planning & Zoning Commis- sion may deem necessary. 2. Functions in Amendments. The Planning & Zoning Commission shall carry on a continuing stu of zoning, zoning techniques, and the relation of zoning to private and public developments and to any per- tinent parts of the County plan for the orderly growth and development of the County, and may from time to time submit recommendations to the County Commission for the amendment of this Resolution. In making such recommendations, the Planning & Zoning Commission shall consider all pertinent factors including: a. The applicable portions of any current County Plan or Plans for land use; major and minor streets, recreation, park, and beach facilities; schools, neighborhood developments; drain- age; and housing; b. The character of the districts and their peculiar suitability, for particular uses: c. Conservation of the value of buildings and encouragement of the most appropriate use of land and water throughout the County. d. The needs of the County for land areas for specific purposes to serve population and economic activities; e. Changes in character of areas in or near an area under con- sideration for rezoning; f. Facts and opinions presented to the Planning & Zoning Commis- sion through hearings. No change or amendment relating to the boundaries of the various zoning districts and/or the regulations applicable thereto shall be made by the County Commission unless the proposal or request for such change has first been considered by the Planning & Zoning Commission the County Commission shall not act until a recommendation thereon has been received from the Planning and Zoning Commission. The actions of the Planning and Zoning Commission in considering changes or amend- ments to this Resolution shall be governed by the applicable provisions of Section 22. Section 17 proposed amendments or Changes in shall 'be published in a newspaper County at least 15 days prior to notice shall specify the time and to be considered.' the schedule of district of general circulation in the date of -such hearings. place of the hearing and 59. regulations St. Lucie Such the matters Petitioners for such changes shall be given notice by letter mail- ed at least 15 days prior to the date of such hearings. Where the petition is one for a change in zoning district classifi- cation, notice by letter mailed at least 15 days prior to the date of the hearing shall be given to all owners of property within 300 feet of the land subject to such petition, except that in areas zoned agricul- tural, notification shall be. given to at least six owners of property adjacent to or in the vicinity of the area for which zoning is sought. For the purposes of notification, an owner of property shall be deemed to be the person who, with his address, appears on the taxrolls of St. Lucie County. 4. Rules of Procedure. The Planning & Zoning Commission shall adopt rules of procedure to govern the conduct of its work. Such rules shall provide for the election of its officers, the time and plane of its regular meetings of which there shall be at least one each month, the manner of calling -additional or special meetings, agenda of meet- ings, conduct of hearings, and other matters necessary to proper per- formance of its duties. Section 17 1 Section 18. BOARD OF ADJUSTMENT: ORGANIZATION AND PROCEDURE A Board of Adjustment is hereby established, which shall consist of five members appointed by the County Commission and serving at the pleasure of the Commission. One member of the Board shall be chosen from each County Commissioner's District. The members of the Board shall serve without compensation, but may receive necessary travel and other expenses while on official business outside St. Lucie County. 1. Proceedings of the Board of Adjustment. The Board of Adjust- ment shall adopt. rules necessary to the conduct of its affairs and in keeping with the provisions of this Resolution. Meetings shali be held at the call of the chairmah,and-at such other times as the Board may determine. The chairman, or in his absence the action chairman, may administer oaths and compel the attendance of witnesses. All meet- ings.shall be open to the public and shall be held in the St. Lucie County Courthouse. The Board of Adjustment shall keep minutes of its.proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other public actions, all of which shall be a public record and be immediately filed in the office of the Board of County Commissioners. 2. Hearings: Appeals: Notice. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer or bureau affected by any decision of the Enforcing Official. Such ap- peals shall be taken within a reasonable time as provided by the rules of the Board, by filing with the Enforcing Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Enforcing Official shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall fix a reasonable time for the hear- ing of the appeal, give public notice thereof as well as due notice of the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attor- ney. A list of hearings to be held and matters to be considered by the Board of Adjustment shall be published in a newspaper of general circulation in St. Lucie County at:least fifteen days prior to each meeting. Section 18 - - 61. 3. fi�qu'rera�nts of Notice. Where notice to nearby or contigu- ous property owners is required, such notice shall be mailed to such property owner at least 15 days prior to the date.of the hearing. For this purpose, the owner of the property shall be deemed to be the person, who with his address, is so shown on the tax rolls of St. Lucie County. Requirements of notice by mail to specific property owners shall be as follows: a . For an appeal from a decision of the Enforcing Official: all property owners directly contiguous to the premises involved in the appeal. b. For a variance: all owners of.property within 100 feet of the premises for which the variance is requested. c. For a special exception: all owners of property within 100 feet of the premises for which a special exception is requested. 4. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Enforcing Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause immi- nent peril to life and property. In such cases proceedings or work shall not be stayed other than by.a restraining order which may be granted by the Board of Adjustment or by a court of record on applica - tion, on notice to the Enforcing Official from whom the appeal is taken and on due cause shown. sec lon 18 62. Section 19. BOARD OF ADJUSTMENT: POWERS AND DUTIES The Board of Adjustment shall have the following powers and duties: 1. Administrative Review. To hear and decide appeals where it is.alleged thsre is error in any order, requirement, decision, or determination made by the Enforcing Official in the enforcement of this Resolutign. 2. Variances: Conditions Governing Applications; Procedures. To authorize upon appeal in specific cases such varfance fromtom—` terms of this Resolution as will not be contrary to the public in- terest where, owing to special conditions, a literal enforcement of the provisions of this Resolution would result in unnecessary hardship. A variance from the terms of this Resolution shall not be granted by the Board of Adjustment unless and until: a. A written application for a variance is submitted demon- strating: 1) That special conditions and circumstances exist which are peculiar to the land, structure, or building in- volved and which are not applicable to other lands, structures, or buildings in the same district; 2) That literal interpretation of the provisions of this Resolution would deprive the applicant of rights com- monly enjoyed by other properties in the same district under the terms of this Resolution; 3) That the special conditions -and circumstances do not result from the actions of the applicant; 4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Resolution to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of'lands, structures, or buildings in adjoining districts shall be considered grounds for the issuance of a variance. b. Notice of public hearing is given as required in Sec 18.2 and 18.3 above; c. The public hearing is held. Any party may appear in person or by agent or attorney; d. Thv Board of Adjustment shall find that the requirements of subsection 2(a) above have been met by the applicant for a variance; e. The Board of odjustment shall further make a finding that the reasons set forth in the application justify the grant- ing of the variance; and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; Section 19 63. f. The Board of Adjustment shall make a further finding t%At the granting of the variance will be in harmony with the general purpose and intent of this Resolution, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In granting apy variance, the Board of Adjustment may prescribe appro- priate conditions and safeguards in conformity with this Resolution. violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Resolution and punishable under Section 25 of this Resolution. Under no circumstances shall the Board of Adjustment grant a variance to permit a use not generally or by special exception permitted in the district involved, or any use expressly or by implication prohibited by the terms of this Resolution in the said district. Any variance authorized by the Board of Adjustment shall expire six months after the date of action on such variance, unless a_building permit based upon and incorporating the variance is issued within the said six months period. 3. Powers in the Granting of S ecial Exceptions. The Board of Adjustment is empowered to hear and decide only such special exceptions as it is specifically authorized to pass on by the terms of this Reso- lution; to decide such questions as are involved in determining whet- her special exceptions should be granted; and to grant special excep- tions with such conditions and safeguards as are appropriate under this Resolution, or to deny requests for special exceptions.when not in harmony with the purpose and intent of this Resolution. A special exception shall not be granted unless and until: a. A written application for a special exception is submitted indicating the sec: -ion of this Resolution under which the special exception is sought and stating fully the grounds on which it is requested; b. Notice of a public hearing on such request for special ex- ception is given as required in Sections 18.2 and 18.3 above; c. The public hearing shall be held. Any party may appear in person, or by agent or attorney; d. The Board of Adjustment shall make a finding that it is em- powered to act under the section of this Resolution describ- ed in the application for special exception, and that the granting of the special exception will not adversely affect the public interest. "3.E. When a petition for a variance or special excep- tion has been denied by the Board of Adjustment, the Petitioner may not file for a rehearing for a period of not less than:two (2) years." (Amended 4-7-81. Res. 81-41) Section 19 64. In granting any special exc6ption, the Bbard of Adjustment may prescribe appropriate -conditions and saf 4dArds in conformity with this Resolution. Violatibn of such conditions and safeguards, when made a part of the tkrms under which the special exception is granted, shall be deemed a violation of this Resolution and punishable under Section 25 of this Resolution. The Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, ouch action within the time limit set shall void the special exception. 4. Inta mretation of Official Zoning Atlas. The Board of Ad- justment s all have the power and the duty to interpret district boun- daries and designate their proper locations where there is uncertainty contradiction,,or doubt, due to the scale or illegibility of the Official Zoning Atlas, or where the street or property layout is at variance with that shown on the Atlas. 5. Powers Over District Uses Not Listed. The Board of Adjust- ment is auth5rized after a p@Slic hearing w t 15 days notice to permit in a zoning district a use which it finds to be similar in character to a use specifically permitted in such district under this Resolution, provided that such use is not specifically enumerated in this Resolution as a permitted use for a less restricted district. 6. Decisions of the Board of Adjustment. In exercising any of the above mentioned powers, the Board of Mju--stment may, so long as the action is in conformity with the terms of this Resolution, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, re- quirement, decision, or determination as ought to be made, and to that end shall have powers of the Enforcing Official from whom the appeal is taken. The concurring vote of three members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Enforcing Official, or to decide in favor of the applicant on any matter upon which the Board is required to pass under this Resolution, or to effect any variation.in the application of this Resolution. Section 19 65. Section 20. APPEALS FROM THE BOARD OF ADJUSTMENT Any person or persons, taxpayer, department, board, officer or bureau of the County aggrieved by any decision of the Board of Adjust- ment may, within thirty ( 30) days after the filing of such decision in the office of the Board of County Commissioners, but not there- after, apply to the courts for relief in the manner provided by the laws of the State of Florida. Section 21. DUTIES OF ENFORCING OFFICIAL, BOARD OF ADJUSTMENT, COUNTY COMMISSION, AND COURTS ON MATTERS OF APPEAL It is the intent of this Resolution that all questions of interpretation and enforcement shall be presented first to the Enforcing Official, .and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Enforcing Official, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law. It is further the intent of this Resolution that the duties of the County Commission under this Resolution shall not include hearing and deciding questions of enforcement and interpretation that may arise. Under this Resolution, the County Commission shall have only the duties of (1) considering and adopting or rejecting proposed amendments or appeal of this Resolution, as provided by law, and (2) establishing a schedule of fees and charges as stated in Section 26 be low. Section 20 Section 21 66. Section 21-. AMENDMENTS The regulations, restrictions, and boundaries set forth in this Resolution may from time to time be amended, supplemented, changed, or repealed. 1. General Procedure for Amendments. The general procedure or the areiMment of this Reso ution is as follows: a. A petition for the rezoning of land may be filed by an owner thereof or an owner of land within -300 ft. of the land for which rezoning is sought. b. A petition for a change in the Schedule of District Regula- tions, or supplementary district regulations, may be filed by any citizen or owner of land in St. Lucie County. c. The. Planning and Zoning Commission shall consider the peti- tion for change in zoning classification or district regula- tions. No iecomdendation for change may be made by the. Planning and Zoning Commission unless and until a public hearing has been held on the same.. The Planning and Zoning Commission shall operate under the criteria and procedures of Section 17.2 in reaching its conclusions. d. The Planning and Zoning Commission shall submit the petition to the County Commission with its recommendation. e. Proposals originating with the County Commission or initia- .ted by the Planning and Zoning Commission shall be processed as in (c) and (d) above. Petitions shall be addressed to the Planning and Zoning Commis- sion and shall be filed with the Zoning Clerk. Such petitions shall contain or be accompanied by all pertinent information which may be required by the Planning and Zoning Commission for its proper consi- deration of the matter. If a Planning and Zoning Commission recommendation for change is not acted upon by the County Commission within six months of the date of its receipt by the County Commission, the petition upon which the recommendation was based shall be deemed to have been denied. Section 22 67. 2. Limitations. No amendment to rezone property shall contain conditions, limitations, or -requirements not applicable to all other property in the district to which the particular property is rezoned. "No amendment shall be enacted to change the zoning classification of any parcel of land, except to the existing classification of the adjoining property or to a more restrictive classification, unless (1) it has at least 200 feet of road frontage and at least 40,000 square feet of area or (2) it has at least. five (5) acres of area without road frontage. For purposes of defining restrictiveness, the following two (2) groupings shall be used which list zoning district from least restrictive to more restrictive: PRIMARILY RESIDENTIAL (1) R -4E (2) R -4D - (3) R -4C (4) R-2 (5) R-5MH (6) R -4B (7) R -4A (8) R -1C (9) R -1B. (10) R-lA (11) R-lAA (12) A-1 PRIMARILY NON-RESIDENTIAL (1) M-3 (2) M-2 (3) M-1 (4) B-4 (5) B-3 (6) B-2 (7) B-1 (8) P-1 (9) PS -1 (AMENDED: Resolution 79-97 10/23/79) . Whenever the Planning & Zpning Commission has taken action to re- commend the denial of a petition for the rezoning of property, the Planning & Zoning Commission shall not: a. consider any further petition for the same rezoning of any part of the same property for a period of two years from the date of such action; b. consider a petition for any other kind of rezoning on any part of the same property for a period of one year from the date of such action. Whenever the County.Commission has, by amendment, changed the zoning of property, the Planning & Zoning Commission shall not consider any petition for rezoning of any part of the same property for a period of six months from the effective date. of the amendatory resolution. The time limits of this subsection may be waived by the afirmat- tive vote of four members of the County Commission, when such action is deemed necessary to prevent injustice or to facilitate the proper development of the County. Section 22 67A 3. Protest by Property Owners. The favorable vote of four (4) members of the County Commission shall be necessary to effectuate a change in the zoning of property when a written protest signed by the owners of 50% or more of: a. the area included in such proposed change, or b. the area lying within 300 feet of the boundaries of the tract sought to be rezoned. is submitted to the County. Commission prior to or at the time 'of the public hearing. (Resolution No. 72-54 5/9/72) Section 22 68. Section 23. PROVISIONS OF RESOLUTION DECLAPED TO BE MINIMUM REQUIREMENTS In their interpretation and application, the provisions of this Resolution shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, and general welfare of St.. Lucie County. Wherever the requirements of this Resolution are at variance with the requirements of any other lawfully adopted rules, regulations, resolutions, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern. "Section 24, Complaints Regarding -Violations;; to -wit: Whenever a violation of this Resolution occurs, or is alleged to have occurred, any person may file a complaint with the Enforcing official. The Enforcing official shall record properly such complaint, immediately investigate, and take action thereon as provided by this Resolution. (Amended 4-28-81. Res. -81-64) Section 25. PENALTIES FOR VIOLATION Violation of the provisions of this Resolution or failure to com- ply with any of its requirements shall upon conviction be punished by a fine not exceeding Five Hundred ($500) Dollars or imprisonment for a term not exceeding sixty'(60) days or both. Each day such violation continues shall be deemed a separate offense. . The owner or tenant of any building, structure, or premises, or part thereof, and any architect, building contractor, engineer, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suf- fer the penalties herein provided. Nothing herein contained shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation. Section 23 Section 24 Section 25 Section 26. SCHEDULE OF FEES -AND CHARGES The County Commission shall establish a schedule of fees, charges, and expenses, and a collection procedure, for building permits, vari- ances, special exceptions,,appeals and other matters pertaining to this Resolution. This schedule of fees and charges shall be posted in the office of the Enforcing Official, and may be altered or amended by the County Commission. No permit, certificate,.special exception. or variance shall be issued unless and until -such costs, fees, .charges, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Adjustment or Planning. and Zoning Commission unless and until preliminary charges and fees have been paid in full. A. The fee for filing petitions with the Board of Adjustment shall be increased.from $50.00 to $100.00. AMENDED RESOLUTION 78-95 (10-10-78) B. The fee forfiling petitions with the Planning and Zoning Commission shall be increased from $100.00 to $200.00. AMENDED RESOLUTION 78-95 (10-10-78) C. The fee for filing mining applications shall be $200.00. AMENDED RESOLUTION 76-60 (6-8-76) Section 27. SEPARABILITY CLAUSE. Should any section or provision of this Resolution be declared. by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Resolution as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. Section 28. REPEAL OF CONFLICTING RESOLUTIONS All resolutions or parts of resolutions in conflict with this Resolution or inconsistent with the provisions of this Resolution are hereby repealed to the extent necessary to give this Resolution fullforce and effect. Any prosecution arising from a violation.of any resolution re- pealed by this Resolution, which prosecution was pending at the time this Resolution becomes effective, or any prosecution which may be started within one year after the effective date of this Resolution in consequence of any violation of any resolution repealed herein, whidh violation was committed prior to the effective date of this Resolution, shall be tried and determined exactly as if such resolu- tion had not been repealed. Section 26 Section 27 Section 28 DISTRICT REGULATIONS Pages 70 thru 73 A-1 AGRICULTURAL 74 thru 93 R-lAA/R-5RV RESIDENTIAL 94 thru 96 P-1 PROFESSIONAL 97 thru 108 B -1/B-4 BUSINESS 109 thru 116 M -1/M-3 INDUSTRIAL 117 and 118 PS -1 PUBLIC SERVICE A-1 AGRICULTURE 70 This district is intended to apply to those areasthe present or pro- spective use of which is primarily agricultural, or the future develop- ment of which is uncertain, or for which a more restrictive zoning would be premature and unreasonable. PERMITTED PRINCIPAL USES AND STRUCTURES One family dwelling. Church, convent, monastery, parish house. Cattle or stock raising and grazing, dairy farm, but not including hog raising. Golf course, country club, private club, outdoor recreation club, pro - .6 vided all buildings must be at least 40 ft. from any street line and 100 ft. from any private lot line. Grove, produce farm, truck garden, horticultural farm, botanical garden, floriculture, nursery,. sod farm, crop raising, hydroponic garden, greenhouse, slat house, forestry, bee keeping, with use or keeping .animals only as incidental or accessory thereto. Hospital, convalescent home, nursing home - not including communicable diseases, insanity, feeble-mindedness, epileptics, drug addicts, or alcoholics. Individual mobile home on individual lot, subject to requirements of Section 13. Library, museum, and similar institutions of a non-commercial nature. Mining - subject to approval of the Board of County Commissioners, as provided in Section 15-A MINING of the Comprehensive Zoning Resolu- tion. AMENDED RESOLUTION N0. 78-.111 (11-14-78) Non-commercial boat pier, slip, or boathouse for docking private water craft. Permanent or temporary structures to house farm labor personnel on farm site, with capacity of one family or two persons for each five acres of farm site, if such labor is employed on farm site where structure is located and such structures are located at least 300 ft. from any other property under separate and different ownership. "Publicly or privately owned or operated buildings and uses, including but not limited to, sanitary landfills, incinerators and solid waste resource recovery and management facilities approved by the Department of Environmental Regulations of the State. Before development commences on any such privately owned or operated building and use, the owner of said building or use or his agent shall submit a. Site Plan for approval by the Board of County Commissioners. Said Site Plan shall include, but not be limited, to the following: 1. Area showing in general the location of the followincj: (a) Areas in which various processes will be performed or machinery used, including the proposed use of such areas; (b) Areas for off-street parking and other vehicular use; (c) Areas for loading and unloading facilities; (d) Areas, whether enclosed or open, for storage. 2. Points of ingress and egress. 3. Plans, showing in general, landscaping, beautification, and other improvements." (Res. 79-97 10/23/79) Section 29 71 A-1 AGRICULTURE Railroad right of way and tracks, passenger and freight terminal, team tracks, but not including yards, shops, or roundhouses. Wayside stands for sale of agricultural produce only. LIMITATION ON USES Structures for housing of livestock or fowl shall not be located within 100 feet from any property line. AMEND RESOLUTION NO. 78-111 (11-14-78) PERMITTED ACCESSORY USES AND STRUCTURES Accessory structures and uses. Raising of less than .100 poultry as an accessory use on property whose principal use is residential.. PROHIBITED USES AND STRUCTURES Listed permissible uses do not include, either as principal or accessory use, any of the following which are listed for emphasis: Any business established for display, storage, or sale of used or second hand merchandise. Automobile, truck or trailer display, storage, service, repair or sale. Building supplies or material - display, storage, or sale, except for storage of building material incidental to agriculture. Contractor, construction, or equipment yard. Junk yards, house wrecking yard, automobile wrecking, used auto parts - display, storage or sale. Manufacturing or industrial establishments. Oil asphalt, or petroleium products - storage, processing or sale, ex- cept as incidental to approved oil well drilling or to agriculture. Wholesale warehouse or storage establishments. SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF ADJUSTMENT AFTER PUBLIC HEARING AND SUBJECT TO APPROPRIATE CONDITIONS AND SAFEGUARDS Airport, air park or air field. Amusement pier, mechanical riding devices, carnivals, circuses, circus quarters, animal display, aquarium, menangerie, exhibits, museum of a commercial nature. Animal hospital, veterinary clinic, animal boarding place, fur farm, dog kennel. Boat yard, boat storage, serivice, repair or building, marine railway, marina, moorage, including barge slips or barge terminals and operations incidental thereto. Cemetery, crematory, columbarium, mausoleum. Commercial activity directly serving agricultural pursuits and limited to the service of agricultural pursuits, such as crop spraying, and crop dusting. Dude ranch, riding stable, livery stable, boarding stable. Eleemosynary or philanthropic institution. Florist shop and sale of nursery products. Section 29 72 A-1 AGRICULTURE Home Occupation. Hospital, home or institution for contagious, mental, alcoholic, drug, epileptic cases, penal or correctional institution. Oil wells and oil drilling. Outdoor or indoor rifle, shotgun, or pistol shooting range. Offstreet parking of motor vehicles accessory to a use not located on the same premises, or which is located outside of the A-1 district. Public utility and public service buildings. Race track for animals or vehicles. Raising or keeping of hogs, sheep, goats; raising or keeping of 100 or more poultry; poultry slaughtering or dressing. Recreational establishments of a commercial nature including drive-in theatre, miniature golf course, golf or baseball driving range, swimming -pool Radio or television transmitting or receiving station, structure, or tower, over 50 ft. in height above the ground. Storage in bulk of sand, rock, or stone for the purpose of trans- shipment or distribution. Temporary or permanent housing to house farm labor when located within 300 feet of any property under separate ownership, when such farm labor is not employed on the same property upon which housing is located, or when housing has greater capacity than one dwelling unit:or.two persons for each five acres of land contained in the property upon which the housing is located and the farm.labor used. MINIMUM LOT REQUIREMENTS (area and width) Area.- 1 acre Width - 150 feet street frontage Note: Lot with minimum area of 10,000 square feet and minimum width of 100 feet, platted as single lot or acquired by present owner prior to January 1959, may be utilized for single family dwelling. MAXIMUM LOT COVERAGE BY ALL BUILDINGS Lots one acre or more - 15%. Lots less than one acre - 250. MINIMUM YARD REQUIREMENTS (depth of front and rear yards, width of side yards) See also Section 10. Front: 25 feet. Side: 25 feet. (but see under A-1 districts, Permitted Uses, certain circumstances where greater distances are required) For one family dwelling, 10 feet minimum required. Rear: 25 feet. Corner lots:Front yard as specified and side yards on side street at least 25% of lot in width, provided no such side yard shall be required to exceed 25 feet. MAXIMUM HEIGHT OF STRUCTURES No portion intended for human occupancy shall exceed: -2 stories or 50 feet. AMENDED RESOLUTION NO. 73-44 (4-3-73) MINIMUM FLOOR AREAS (See definition) "600 square feet living area for each dwelling unit." Section 29 73 A-1 AGRICULTURE LIMITATION ON SIGNS NO SIGN INTENDED TO BE READ FROM OFF THE PREMISES EXCEPT: (See Section 9 for General Regulations) Service signs and. off-site signs subject to general regulations. One non. -illuminated sign on.a dwelling unit indicating the name of the occupant and a permitted home occupation, such sign being a wall sign or ground sign not exceeding 12 square feet in area. One identification sign for each. farm, ranch., grove, nursery, or other permitted agricultural use, such sign not to exceed 32 square feet in area for each 500 feet, or major fraction thereof, of street frontage of property involved. One bulletin board, not exceeding 32 square feet .in area for each church hospital, club, library, museum, institutional or public building or public owned or operated use, in addition to an identification sign not to exceed 32 square feet. in area. These uses may each have one combination vertical and roof sign, not to exceed 100 square feet in total area, 5 feet in projection beyond the wall.or 10 feet in height above the roof. Directional signs on a lot, not to exceed 12 square feet in area. Trespassing or caution signs, not to exceed 12square feet: in area. No ground sign shall exceed 25 feet in overall height above ground or grade of the adjacent road, whichever may be higher. Where use of land is authorized pursuant to special exception, the Board of Adjustment may also allow signs of such size, number, and location as the Board of Adjustment may find appropriate and con- sistent with this Resolution. Section 29 SCHEDULE OF DISTRICT REGULATIONS 74. ST. LUCIE`COUNTY, FLORIDA Resolution adopted September 13, 1961 R-1AA to R -1C ONE FAMILY DWELLING These districts are intended. to be single family residential areas, ranging from lot to medium population density and ranging from large lots to lots with somewhat lower minimum requirements for lots & yards. PERMITTED PRINCIPAL USES AND STRUCTURES One family dwelling. Recreation buildings and facilities, playground, playfields, parks, beaches, owned and operated by Federal, State, County or Municipal governments. Existing cemetery, crematory or mausoleum. Existing railroad right of way, not including .switching freight, or storage tracks, yards, buildings, or maintenance structures. Publicly owned.and operated library, art gallery, or museum. NOTE: In R-1AA, lots of lesser size than hereinafter specified lying between Indian . River Drive and Indian River may be utilized for benches, approaches to river, docks and boat houses, the roofs of which do not extend higher than the adjacent elevation of Indian River Drive. In R-1AA District only the, owner of a parcel of land containing not ess than two acres and who resides thereon, may keep not more than -two (2)' horses or two -(2) ponies for his personal or family use; provided. they are not placed; kept, or permitted within one hundred fifty (150) feet of any dwelling under separate ownership and not less -than three hundred (300) feet from the edge of the West right - of -way -of South .Indian River.,. Drive . PERMITTED ACCESSORY USES AND STRUCTURES Uses ace-es'sory to any of the permitted uses when located on same lot and not. involving conduct of any business, trade, occupathe ion., or profession. SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF' ADJUSTMENT AFTER PUBLIC HEARING AND SUB- JECT TO APPROPRIATE CONDITIONS AND SAFEGUARDS. Public utility buildings. Churches, Open accessory parking lots. Educational, recreational, and social centers not operated for profit. and intended to serve the surrounding neighborhood.. Nursery School or child care center operated by a church .on same .premises as church when building is located not less than 20 feet from any other lot in an R District, provided that there is established,' maintained, and .used for the children at play in connection therewith. one or more completely and securely fenced play lots which. if closer, than 50 feet to any property line, shall be screened by .a masonry, wall or compact evergreen hedge not less than 5 feet in height, located not less than 20 feet from any other lot in an R district. Mobile home as accessory use to a permitted private school to protect property against vandals, thieves, etc., providing that any grant of... Special Exception shall set a tine limit of not to exceed one (1) year -..s AMENDED RESOLUTION No. 80-30 (3-25-80) Section 29 .D 75. - R-1AA to R -1C ONE FAMILY DWELLING Private schools offering curricula substantially equivalent to public schools of comparable grades and meeting requirements of State Department of Education. Golf course, not including miniature golf course or practice driving tee, providing lot comprises of at least.100 acres or land in one parcel and any accessory parking area, building, or structure is located at least 100 ft. from any other residentially zoned prop- erty. In R-1AA district only for lots abutting Indian River Drive: Guest houses, providing that for any grant of special exception for such purpose the owner shall sign an agreement that such guest house will not be used for rental purposes, and providing such guest house shall have a minimum floor area of 500 sq. ft.. Home occupation subject to_provisions of Para 17, Section 7. In the R -1A, R -1B and R -1C Districts, an owner of a parcel of land containing not less than two acres, and who resides thereon, may keep not more than two horses or two ponies or one horse and one pony for his personal or family use; provided they are not stabled or stalled within one hundred fifty (150) feet of any dwelling under separate ownership. The horses or ponies shall not be kept for sale or resale nor for commercial purposes, including breeding, boarding, or veterinary care. The entire area shall be kept in a clean and sanitary condition meeting all requirements of the St. Lucie County Health Department. AMEND RESOLUTION 77-102, adopted 9/6/77. MINIMUM LOT RE UIREMENTS (Area/width) RESIDENTIAL STRUCTURE OR USE: R'3AAfor lots abutting Indian River Drive, State Road 707: Width: 100 feet Depth: 250 feet. Other lots conform to R -1B district. R -1A - Width: 100 ft. Area; 11,000 sq. ft. R -1B - With well & septic tank: Width: 85 ft. Area: 10,000 sq. ft. with either well or septic tank or with neither: Width: 85 ft. Area: 9,350 sq. ft. R -1C - With well & septic tank: Width: 75 ft. Area: 10,000 sq. ft. with either well or septic tank or with neither: Width: 75 ft. ' Area: 8,250 sq. ft. With central water system and central sewage collection & secondary treatment facilities: Width: 75 ft. Area: 7,500 sq. ft. Permitted Non -Residential Structure or Use: Width: 100 ft.Area: 17000 sq. ft. Except that in R-1AA district lots abutting Indian River Drive, State Road 707, shall meet resi- dential requirements. MAXIMUM LOT COVERAGE BY ALL BUILDINGS: 35% MINIMUM YARD REQUIREMENTS (Depth of front & rear yards, width of side yards) See also Section 10. Residential: Front: 25 ft., except lots in R-1AA district abutting Indian River Drive shall have minimum 50 ft. Side: 10 ft., except that in R -1C district minimum is 71 ft. Rear: 15 ft. Corner lots:* 25 ft. front yard (except minimum for lots in R-1AA district abutting Indian River Drive is 50 ft.) and side .yard 15 ft. Section 29 R-1AA to R -1C ONE FAMILY DWELLING Permitted Non -Residential Structure or Use Front: 30 ft. except accessory buildings, Side: 20 ft., with increase in minimum of height of structure in excess of 20 buildins, structures or uses.) Rear: 25 ft. except accessory buildings, MAXIMUM HEIGHT OF STRUCTURES NO PORTION 76. structures, or uses.) 1 ft. for each. 2 ft. of ft. (except.accessory structures or. uses.) Residence: 2 J/2 stories or 35 ft. Permitted Non -Residence: Same, except that with approval of Board of Adjustment maximum height may be 4 stories or 50 ft. if Board of Adjustment shall find such action will not injure surrounding pro- perty and accords with spirit and purpose of the.Resolution. AMENDED RESOLUTION.NO. 73-44 4/3/73 MINIMUM FLOOR- AREAS (See Definition) R-1AA: 1,000 sq. ft. except lots abutting Indian River Drive have minimum 1,250. sq. ft. R -1A: 1,500 sq. ft. R -1B: 11000 sq. ft. 11R -1C: $50 .sq. ft" LIMITATIONS ON SIGNS No signs intended to be read from off the pre- mises except: (Yee—Section 9 for General Sign Regulations) One non -illuminated wall or ground sign not over 6 sq. ft. in area ad- vertising sale or rental of property upon which sign is located. One non -illuminated wall or ground sign not over 2 sq. ft. in area to. prohibit trespassing, for safety, or for caution. On a lot 'containing permitted non-residential use, other than an accessory use, one identification wall sign not over 12 sq. ft. in area and one bulletin sign not over 32 sq. ft. in area, on each side street. Two non -illuminated, subdivision or project, ground signs, each having an area not over 128, sq. ft. on a subdivision while under develop- ment to advertise the sale of lots or new. houses, provided such subdivision has an area of at least 3 acres. No animated, roof or projecting type signs permitted. Overall height of any ground sign not to exceed 4 ft. above the ground, except that bulletin sign or subdivision sign may extend to maximum height of 12 ft. above the ground. One temporary construction project ground sign, not to exceed 32 sqo fte of area, on each street side on which lot abuts, such. sign not to be. closer than 15 ft. to any property line, not to be erected more than 60 days prior to beginning actual construction, and to be removed upon completion of construction. If construction is not begun within 60 days after sign is erected or if construction be not continuously and actively prosecuted to completion, sign shall be removed. Neon -type sign prohibited. Strip lighting prohibited. Section 29 77. R- IAA to R-1 C . ONE FAMILY DWELLING -_— PROHIBITED USES: (Amend Resolution No. 77-129, 10/25/77) The raising or keeping of any animal, livestock or fowl except those specifically permitted or those animals generally recognized as household domestic pets. Any business, trade, occupation or profession, except a "home occupation" as provided in Subsection 17 of Section 7. Section 29 SCHEDULE OF DISTRICT REGULATIONS . ST. LUCIE COUNTY, FLORIDA Resolution adopted Sept. 13, 1961 R-2 TWO FAMILY DWELLING PERMITTED PRINCIPAL USES AND STRUCTURES Any use permitted in an R-1AA, R. -1A, R -1B, or R -1C District, subject to the limitations, requirements and procedures specified for such use unless such use is specifically permitted in this district. One -family dwelling Two-family dwelling Two, one -family dwellings. Church. PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures when located on the same lot and not involving the conduct of any business, trade, occupation or profession. SPECIAL EXCEPTIONS permissible by the Board of Adjustment after public hearing and su ject to appropriate conditions and safeguards. Home occupation, subject to provisions -of paragraph 17, Section 7.. Public utility buildings As for R-1AA to R-1C,.except note that churches are permitted uses in R-2 district. MINIMUM LOT REQUIREMENTS (area & width) RESIDENTIAL Lot with well and septic tank: Width 75 feet. Area: 10,000 sq. ft. Lot with either well or septic tank or neither: Width: 75 ft. Area: $,250 sq. ft. Lot with central water system & central sewage collection & secondary treatment facilities: Width 75 ft. 'Area: 7,500 sq. ft. Permitted Non -Residential Structure or Use: Width: 100 ft. Area: 1 ,0 0 sq. ft. (except accessory structures or uses) MAXIMUM LOT COVERAGE BY ALL BUILDINGS: 40% MINIMUM YARD REQUIREMENTS (Depth of front & rear yards, width of side yards) See also Section 10. Residential: Front: 25 ft. Side: 71...ft . Rear: 15 ft. Corner: 25 ft, front yard and side yard 15 ft. Permitted Non -Residential Structure or Use: Front: 30 ft. Rear: 25 ft. Side: 20 ft, with increase in minimum of 1 ft, for each 2 ft. of height of structure in excess of 20 ft. -78- Section 29 79. R-2 TWO FAMILY DWELLING MAXIMUM HEIGHT OF STRUCTURES No portion -intended for human occupancy shall exceed: AMENDED RESOLUTION NO. 73-44 MINIMUM FLOOR AREAS (See definition) "One family 700 square feet Two family 1400 square feet" LIMITATIONS ON SIGNS No signs intended to be read from off the premises except: (See Section 9 for General Regulations). Same regulations as for R-1AA to R -1C. PROHIBITED USES: (Amend Resolution No. 77-129, 10/25/77) The raising or keeping of any animal, livestock or fowl except those specifically permitted or those animals 'generally recognized as household domestice ,pets. i Any business - trade, occupation or profession, except a "home occupation" as provided in Subsection 17 of Section 7. i i W SCHEDULE OF DISTRICT REGULATIONS AMENDED RESOLUTION NO. 74-106 8/27/74 "R -4A District - Multiple Dwellings PERMITTED PRINCIPAL USES AND STRUCTURES NOT REQUIRING APPROVAL BY BOARD OF COUNTY COMMISSIONERS Any use permitted in an R-lAA, R-lA, R -1B, R -1C or R-2 District, subject to the limitations, requirements and procedures specified for such use unless such use is specifically prohibited in this district. One family and two family dwellings. Private club, lodge, fraternity, sorority and other similar uses not operated for profit. Parks and playgrounds owned and operated by Municipal, County, State or Federal Governments or by the property owners within a development or by civic associations or similar non-profit groups or agencies. Public buildings. Accessory uses and structures customarily associated with, and subordinate to the above uses. Nursery school and child care center when building is located not less than 20 feet from any other lot in an R district provided that there is established, maintained, and used for the children at play in connection, therewith one or more completely and securely fenced play lots which if closer than 50 feet to any property line, shall be screened by a masonry wall or compact evergreen hedge not less than 5 feet in height, located not less than 20 feet from any other lot in an R district. PERMITTED PRINCIPAL (OR) ACCESSORY USES AND STRUCTURES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH PROCEDURES SET FORTH IN SECTION 7, SUBSECTION 20 Multi -family dwellings. Country clubs and golf courses. Colleges Uses of a non-residential character which has been established as necessary for proper development of the community providing these uses are shown on an.approvedon-site development plan and providing further that the land for such uses shall not be. included in the calculation of densities for the residential areas of said plan. There shall be no direct access to such uses nor shall advertising signs for such uses be visible from the exterior of the development. Section 29 3-M No animated, projecting, or roof type signs permitted. One non -illuminated identification wall or ground sign not exceeding 6 square feet in area for a rooming house. Ground sign not to exceed 5 feet in overall height above ground. One wall sign not to exceed 32 square feet in area on each street side, to identify a multiple dwelling or other permissible use. One wall or ground sign not over 6 square feet in area to advertise a doctor, dentist, nursery school or child care center. Ground sign not to exceed 5 feet in overall height above ground One temporary construction project ground sign not to exceed 500 square feet of area on each street front on which project abuts, such sign not to exceed 25 feet in overall height above ground or grade of adjacent road, whichever is higher. No sign shall.be closer than 15 feet to a property line and not to be erected more than 60 days prior to beginning actual construction, and to be removed upon completion of construction. If construction is not begun within 60 days after sign is erected or if construction is not continuously and actively prosecuted to completion, sign shall be removed. Neon -type signs prohibited. Strip lighting prohibited Where the principal use of premises is for hotel, motel, apart- ment, villas, bungalow court or any combination thereof: 1. One on-site ground sign which may have 2 faces each not over 300 square feet in area, not over 25 feet in overall height above ground may be located in a required front yard or street side yard, but not extend nearer than 10 feet to any street line or base build- ing line. 2. One on-site pylon sign which may have 2 faces each not over 300 square feet in area, not' to extend more than 25 feet above roof line of main building. 3.One on-site combination vertical and roof sign not to exceed 400 square, feet on either face, or a height of 15 feet above the roof line, for one story building, and a total area of $00 square feet on either face, or a height of 30 feet above roof line, for building over one story in height. Signs not to project more than 4 feet beyond -building wall. 4. One on-site wall sign not to exceed 400 square feet in area for a one story building, with an additional 100 square feet of area permitted for each story above the first story. 5. One on-site wall sign not over 32 square feet in area for advertising the permitted accessory uses. 6. One on-site ground sign which may have 2 faces each not a exceeding 40 square feet in area to advertise a restaurant." Section 29 8 2 --- SPECIAL EXCEPTIONS permissible by the Board of Adjustment after public hearing and subject to appropriate conditions and safeguards. Home occupation, subject to provisions of Paragraph 17-A, Section 7. MINIMUM LOT REQUIREMENTS (Area and width) Residential (One -family or two-family dwellings) the same as for R-2 Residential (Multiple dwellings) Width 100 feet Area 11,000 square feet All other permitted uses Width 100 feet Area 11,000 square feet LOT COVERAGE - No principal structure and -its accessory. buildings shall occupy more than forty (400) percent of the lot area, exclusive of swimming pools. MINIMUM YARD REQUIREMENTS (Depth of front and rear yards, width of side yerds) See also Section 10. Multiple Family Dwellings, Hotels and Motels, and all accessory uses with two (2) or more floors which.are customarily associated with and subordinate to the principal use; See Sectionl0, Subsection 5, Other Uses: Front: 25 feet except when building.exceeds 25 feet in height, add 2 feet front yard depth for each 10 feet (or, major fraction thereof) by which height of building exceeds 25 feet. Side: 7 1/2 feet for one -family and two-family dwellings All other permitted.uses - 10 feet plus 2 feet for each 10 feet (or major Iract:i-on-: there -of) by which height of building exceeds 25 feet. Rear: 25 feet plus 2 feet for each 10 feet (or major fraction thereof) by which height of building exceeds 50 feet. All corner lots: Front yard as specified and side yeard 15 feet, unless greater width is required as stated. (Amended Resolution 79-97 10/23/79) Section 29 83. MAXIMUM HEIGHT OF STRUCTURES - None, except as established by the St. Lucie County Airport Xoning Resolution MINIMUM FLOOR AREAS Each dwelling unit One -family Two-family Multiple dwelling (See definition) 850 square feet 700 square feet 600 _square feet MAXIMUM DENSITY - Five (5) dwelling units per acre as provided in Subsection 21 of Section 7. LIMITATIONS ON SIGNS - No signs intended to be read from off the premises except: (See Section 9 for General Regulations) Signs as permitted for R-lAA to R -1C No animated, projecting or roof type signs permitted. One non -illuminated identification wall or ground sign not ,exceeding 6 square feet in area for a rooming house. Ground sign not to exceed 5 feet in overall height above ground. One wall sign not to exceed 32 square feet in area on each street side, to identify a multiple dwelling or other permissible use. One wall or ground sign not over 6 square feet in area to advertise a doctor, dentist, nursery school or child care center. Ground sign not to exceed 5 feet in overall height above ground. One temporary construction project ground.sign not to exceed 500 square feet of area on each street front on which project abuts, such sign not to exceed 25 feet in overall height above ground or grade of adjacent road, whichever is higher. No sign shall be closer than 15 feet of a property line and not to be erected more than 60 days prior to beginning actual construction, and to be removed upon completion of construction. If construction is not begun within 60 days after sign is erected or if construction is not continuously and actively prosecuted to completion, sign shall be removed. Neon -type signs prohibited. Strip lighting prohibited. Section 29 84. Where the principal use of premises if for apartment, villas, bungalow court or any -combination thereof: 1. One on-site ground sign which -may have 2 faces each not over 300 square feet in area, not over 25 feet in overall height above ground may be located in a•required front yard or street side yard, but not extend nearer than 10 feet to any street line or base building line. 2.- One on-site pylon sign which may have 2 faces each not over 300 square feet in area, not to extend more than 25 feet above roof line of main building. 3. One ori -site combination vertical and roof. sign not -to exceed 400 square feet on either face,, or a height of 15 feet above the roof line, for one story building, and a total area of 800 square feet on either face, or a _ height of 30 feet above roof line, for building over one story in height. Signs not to project more than 4 feet beyond building wall_ j •4. One on-site wall sign not to exceed 400 square feet in area for a one story building, with an additional 100 square feet of area permitted for each story above the first story. 5. One on-site.wall sign not over 32 square feet in area for advertising the permitted accessory uses. 6.. One on-site ground sign which may have 2 faces each not exceeding 40 square feet in area to advertise a restaurant." PROHIBITED USES: (Amend Resolution No. 77-129, 10/25/77) The raising of keeping of any animal, livestock or fowl except those specifically permitted or those animals generally. recognized as house - •hold domestic pets. Any business, trade, occupation or profession, except a "home occupation" as provided in Subsection 17 of Section 7. 85. SCHEDULE OF DISTRICT REGULATIONS AMENDED RESOLUTION NO. 74-106 8/27/74 "R -4B Dist3i ct - Multiple Dwellings Same as R -4A District except maximum density of eight (8) dwelling, units per acre as provided in Subsection 21 of Section 7." Section 29 86. SCHEDULE OF DISTRICT REGULATIONS AMENDED RESOLUTION NO. 74=106 8/27/74 "R -4C District - Multiple Dwellings Same as R -4A District except maximum density, of eleven (11) dwelling units per acre as provided in Subsection 21 of Section 7." Section 29 oo. SCHEDULE OF DISTRICT REGULATIONS AMENDED RESOLUTION NO. 74-106 8/27/74 "R -4E District - Multiple Dwellinas, Hotel and Motel Same as R -4A District except maximum density of eighteen (18) dwelling units per acre as provided in Subsection 21 of Section 7 and hotel and motel are permitted uses requiring site development plan approval by the Board of County Commissioners in accordance with procedure set forth in Subsection 20 of Section 7 and minimum floor area for efficiency units is 325 square feet and .for motel units is 250 square feet." Section 29 SCHEDULE OF DISTRICT REGULATIONS ST. LUCIE COUNTY, FLORIDA AMENDED - RESOLUTION 76-96 9/28/76 DISTRICT R-5MH MOBILE HOME PARK AND SUBDIVISION The purpose of this District is to provide an area containing not less than ten (10) contiguous useable acres, in which mobile homes can be located on land on which mobile home spaces are leased over a period of time and to provide an area wherein mobile homes can be located on a permanent basis on an individual lot and/or in a subdivision provided for that use. PERMITTED PRINCIPAL USES AND STRUCTURES Mobile Home Subdivisions An individual mobile home including those known as "double -wide", on a parcel owned by the owner of the mobile home containing at least ten thousand (10,000) square feet and having at least seventy-five (75) feet of frontage on a public road. PERMITTED PRINCIPAL USES AND STRUCTURES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH PROCEDURES SET FORTH IN SECTION 7. SUBSECTION 20 Mobile Home Parks PERMITTED ACCESSORY USES AND STRUCTURES 0 Accessory structures and uses customary with and incidental to mobile home subdivisions such as, but not limited to, water plants, sewage treatment plants, recreational buildings, service buildings, swimming pools,. tennis courts, marinas and other recreation facilities. A mobile home subdivision providing one hundred (100)'or more spaces may have retail stores and personal service establishments for the us.e of the occupants thereof provided that such uses are contained within a completely enclosed building, no signs or displays indicating such uses are visible from any street, and such uses are for the convenience of the occupants and are not available to other persons.* The owner of a parcel of lard containing not less than two (2) acres or who resides thereon may keep not more than two (2) horses or two, (2) ponies for his personal or family use, provided they are not kept, placed, or permitted within one hundred fifty (150) feet of any mobile home or residential building under separate ownership. Section 29 PERMITTED ACCESSORY USES AND STRUCTURES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH PROCEDURES SET FORTH IN SECTION 7, SUBSECTION 20 Accessory structures and uses customary with and incidental to mobile home parks such as, but not limited to, water plants, sewage treatment plants, recreational build_ngs, service buildings, swimming pools, tennis courts, marinas, anal other recreation facilities. A mobile home park providing one hundred (100) or more spaces may have retail stores and personal service establishments for the use of the occupants thereof provided that such uses are contained within a completely enclosed building, no signs or displays indicating such uses are visible from any street, and such uses are solely for the convenience of the occupants and are not available to other persons.. PROHIBITED USES AND STRUCTURES Residences other than mobile homes and any business, trade, occupation, or profession not listed as a permitted principal or accessory use. PERMITS FOR MOBILE HOMES I'N. MOBILE HOME PARKS Permits for.mo.bile homes in mobile home parks: As required by current regulations. PERMITS FOR MOBILE HOME SUBDIVISIONS AND MOBILE HOMES Permits for mobile home sub-ivisions: As required by current regulations. Permits for mobile homes installed on individually owned lots not in a mobile home subdivision: A permit must be secured from the Building and Zoning Department prior to moving the mobile home onto the parcel. A fee of $10.00 shall be ch-arged for each permit and the permit shall be conspicuously posted as directed by the Department. Before any permit shall be issued, the applicant shall submit a septic tank permit from the County Health Department and plans in duplicate for installing such mobile )Nome which shall include the electrical service to be used. MINIMUM YARD REQUIREMENTS For mobile home parks: As required by current regulations. For mobile homy:- subdivisions: As required by current regulations. For a mobile hone on an indi-Jidually owned parcel, but not in a mobile home subdivision: Front Yard 25 feet Side Yard 10 feet Rear Yard 15 feet Section 29 LOT COVERAGE Permitted principal and accessory uses and structures shall not cover more than forty (40) percent of any individual lot or parcel. LIMITATIONS ON SIGNS No signs intended to be read from off the premises excepting: One (1) non -illuminated wall or ground sign not over six (6) square feet in area advertising sale or rental of property upon which sign is located. One (1) non --illuminated wall or ground sign not over two (2) square feet in area to prohibit trespassing, for safety, or for caution. Two (2) non -illuminated subdivision or. park signs each having an area of not over one hundred twenty-eight (128) square feet to advertise the park or rental of'lots in such subdivision or park. No animated roof or projecting type sign permitted. Overall height of any'ground sign not to exceed four -(4) feet above the ground, except that subdivision or park signs riay extend to maxic.Ln height of twelve (12.) feet above the ground. Neon type signs prohibited. Strip lighting prohibited. Section 29 SCHEDULE OF DISTRICT REGULATIONS 92 ST. LUCIE COUNTY, FLORIDA AMENDED RESOLUTION 76-96, 9/28/76 DISTRICT R-5RV Recreational ehicle Parks The purpose of this District is to provide areas where recreational :r vehicles, e.g. travel trailers, -truck campers, pickup coaches, motor homes, and similar vehicles suitable for temporary habitation, used for travel, vacation, and recreation purposes can be accommodated for short periods of time. PERMITTED PRINCIPAL USES AND STRUCTURES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH PROCEDURES`; - SET FORTH IN SECTION 7, SUBSECTION 20 Recreational Vehicle Parks PERMITTED ACCESSORY USES AND STRUCTURES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH PROCEDURES SET FORTH IN SECTION 7, SUBSECTION 20 Accessory structures and uses customary with and incidental to the above uses, but not limited to, water plants, sewage treatment plants, recrea- tional buildings., service buildings , swimming pools , tennis courts, ..: marinas, and other recreational facilities. A recreational vehicle park providing one hundred (100) or more spaces may have retail stores and personal service establishments for the use of the occupants thereof provided that such uses are contained within a completely .enclosed building, no signs or displays indicating such uses arevisible from any street, and such uses are solely for the con- venience of the occupants and are not available to other persons. PROHIBITED USES AND STRUCTURES Any structure, activity, or use not listed as a permitted principal or accessory use. PERMITS FOR RECREATIONAL VEHICLE PARKS Permits for recreational vehicles and recreational vehicle .parks: As required by current -regulations. MINIMUM YARD REQUIREMENTS For recreational vehicle parks: As required by current regulations.. LIMITATIONS ON SIGNS No signs intended to be read from off the premises excepting: One (1) non -illuminated wall or ground sign not over six (6) square feet in area advertising sale or rental of property upon which sign is located. One (1) non -illuminated wall or ground sign not over two (2) square Section 29 (Limitations on signs, cont.): feet in area to prohibit trespassing, for safety, or for caution. Two (2) non -illuminated subdivision or park signs each having an area of not over one hundred twenty-eight (128) square feet to adver- tise the park or rental of lots in such subdivision or park. No animated roof or projecting type sign permitted. Overall height of any ground sign not' to exceed four (4) feet above the ground, except that subdivision or park signs may extend to maxi- mum height of. twelve (12) .feet above the ground. Neon type signs prohibited. Strip lighting prohibited. Section 29 ST- LUCiE C;UUNTY, YLUK1llH Resolution adopted May 24, 1966 P-1 District PROFESSIONAL 70D STRICTED COMMERCIAL This district is intended to provide professional, cultural and com- mercial needs for emerging residential communities which by virtue of the existing proximity of public uses or by asthetic factors involved shall necessitate restrictions being placed on commercial activities of a character not complementary to the emerging neighborhood. PERMITTED PRINCIPAL USES AND STRUCTURES Amended 11/26/74 Res.#74-165 Any use permitted in an R -4A Multiple Dwelling District, subject to the limitations, requirements and procedures specified for such use unless such use is specifically permitted in this district. Permitted uses shall be as follows: Drug stores, restaurants, except that no outside service shall be per- mitted. Medical and dental clinics. Open parking lots for parking self-propelled p.assenger vehicles, but not including buses. Private office for professional uses. Real estate offices and Any other public trade or occupation or profession deemed necessary or desirable for public convenience and welfare and in conformity with the provisions of this zone. PERMITTED USES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH PROCEDURE SET FORTH IN SUBSECTION 20 OF SECTION 7. Amend Res. 77-102, adopted 9T -6T-77. Shopping Center not exceeding 80,000 square feet of gross floor area. PROHIBITED USES Gasoline stations Automotive repairs, supplies Bars and taverns Commercial recreation Any manufacturing or outside or parts Warehousing and storage, and Mobile home parks. or parts and services storage of either new or used merchandise MINIMUM RESIDENTIAL LOT REQUIREMENTS (area --8 width) Residential (one family or two family dwelling) ot�with well and septic tank: as for R-2 Lot with either well or septic tank or neither: as for R-2 Residential (multiple dwelling) Width: 100 ft. Area: 11,000 sq. ft. (except accessory structures or uses) -94- Section 29 95 P-1 DISTRICT PROFESSIONAL AND RESTRICTED COMMERCIAL MAXIMUM PROFESSIONAL & RESTRICTED COMMERCIAL LOT REQUIREMENTS 1 story3 5% 5 story 29% 2 story y 30% 6 story 25% 23% 3 story 30% 7 story 4 story 20% 8 story 21% "MINIMUM YARD REQUIREMENTS (Depth of front & rearyards, width of side yard) Residential Front: 25 feet Side: 7h feet for one family or two family dwelling Multiple family or rooming - See Section 5, Subsection 10 Rear: 15 feet for one family or two family dwelling Multiple family or rooming - See Section 5, Subsection 10 Permitted Pilon -Residential Structure or Use Front: 30 feet .Side: 20 feet, plus 2 feet for each 2 feet in height of structure in excess of 20 feet Rear: 25 feet plus 1/4 foot for each 1 foot in height of structure in excess of 44 feet All Corner Lots Front yard as specified and side yard 15 feet unlessgreater width is required as stated." (Amended Res. 79-97 10/23/79) MAXIMUM HEIGHT OF STRUCTURES No portion intended for human occupancy shall exceed: 8 stories or 100 ft. MINIMUM FLOOR AREAS Amended 11/26/74 Resolution #74-165 See Definition Each dwelling unit: As fo r R -4A LIMITATIONS ON ANY SIGNS No signs intended to be read from off the premises except: Signs per- mitted for R-4. No off-site, animated, projecting, or roof signs except as specified. No signs within 50 ft. of R-lAA, R-lA, R -1B, R -1C, R-2, R-3, or R-4 District. On-site ground signs each not to exceed 100 sq. ft. in area and not ex- ceeding 12 ft. in overall height above ground. On-site wall signs not exceeding 20% of wall area upon which such signs are placed. Marquee signs not to extend beyond the marquee and not to exceed 4 ft. L_.... in height. __._.:_...._..._ Section 29 ! P-1 DISTRICT PROFESSIONAL AND RESTRICTED COMMERCIAL LIMITATIONS ON ANY SIGNS On-site combination vertical and roof signs, not to exceed 100 sq. ft. in area and not to extend more than 4 ft. from building wall and not to extend more than 5 ft. *above the roof. Aggregate area of all signs not to exceed 4 sq. ft. in area for each foot of frontage of buildings displaying signs, or 2 sq. ft. for each foot of frontage of property occupied by such buildings or devoted to such use, whichever is the greatest. Neon type signs allowed. Strip lighting allowed. Section 29 ST. LUCIE COUNTY, FLux.Lvn Resolution adopted Sept. 13,1961 DISTRICT B-1 NEIGHBORHOOD BUSINESS This district is intended primarily to provide for very limited retail and personal service needs for a limited surrounding -residential area. The retail and service establishments permitted therein are intended to provide convenience goods and personal service needs which are customary daily necessities for residential neighborhoods. Such esta- blishments do not require large lots and do not do large volume busi- ness. Businesses of a type deleterious to residential property by reason of excessive noise, lights, or night operations are prohibited. PERMITTED PRINCIPAL USES AND STRUCTURES NOT REQUIRING APPROVAL BY BOARD OF COUNTY COMMISSIONERS One and two family dwellings Retail outlets for sale of food, wearing apparel, sundries. and notions, drugs, hardware., garden supplies, toys and similar products. Florist, gift and jewelry shops, and pet and hobby supply outlets are permitted. Personal service establishments such as barber shop, beauty parlor, shoe repair and shine shop, restaurant, self service laundry and ice stations, tailor or dressmaking shop, watch or jewelry repair, hat cleaning or blocking, laundry or dry cleaning pickup station. Miscellaneous uses such as medical or dental office, church, private or parochial school,..nursery school or child care center, parking lot.and parking garage. Mining -:s.ubject to approval of the Board of County -Commissioners as pr6v ded--in Sections -15-A of theComprehensive Zon'ng Resolution. AMENDED RE.S6_hUTL0N.80-52 The above uses are subject to the following limitations: 1. Sale, display, preparation, and storage to be conducted within a completely enclosed building. 2.' No.sale, display, or storage of second hand or used merchandise except as incidental to sale of new merchandise. 3. No retail store to have floor area open to public including display, service, and sales of greater than 5,000 sq. ft. 4.. Products to be sold only at retail. PERMITTED USES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY THE BOARD OF' COUNTY COMMISSIONERS IN ACCORDANCE WITH PROCEDURE SET FORTH IN SUBSECTION,. 20 OF SECTION 7. (Resolution No. 73-44 4/3/73) Multiple Family Dwellings Shopping Center not exceeding 40,000 square feet of gross floor area. AMEND RES. #77-102, adopted 9/6/77. SPECIAL EXCEPTIONS: Public Utility Buildings. Section 29 -97- 98 PROHIBITED USES & STRUCTURES Listed permissible uses do not include either as a principal or acces- sory use any of the following, which are listed for emphasis: Automobile, truck, trailer, motorcycle, boat or machinery sales, stor- age, or service, including repair garages, used car lots, filling station, and auto laundries. Mortuaries. Business offices and. professional offices not listed under permitted uses, vocational or business schools Drive-in restaurants or drive-in refreshment stands. Wholesale establishments. Pawn shops. Sales, storage or display of lumber or building materials. Theatres, night clubs, establishments for consumption of alcoholic beverages on the premises. Plumbing, electric or sheet metal shops. Animal hospitals and veterinary clinics. Cabinet or carpenter shop. Storage or warehouse uses except as incidental to a permitted use. Any other use first permitted in a less restricted district. i MINIMUM LOT REQUIREMENTS (Area & Width): None. i MINIMUM YARE REQUIREMENTS (Depth of front & rear yards, width of side yards) See Section 10. MAXIMUM HEIGHT OF STRUCTURES No portion intended for human occupancy shall exceed: For use first permitted in B-1 District: 2 stories or 30 ft. For any other uses: 4 stories or 50 ft. MINIMUM FLOOR AREAS Amended 11/26/74 Resolution 74-165 See definition Each dwelling unit: As for R -4A LIMITATIONS .ON SIGNS (See Section 9 for General Regulations) No signs intended to be read from off the premises except: Signs as permitted for R-4. No off-site, animated, projecting, or. roof signs except as specified. No signs within 50 ft. of R-lAA, R-lA, R -1B, R -1C, R-2, R-3, or R-4 District. On-site ground signs each not to exceed 100 sq. ft. in area and not exceeding 12 ft. in overall height above ground. On-site wall signs not exceeding 20/ of wall area upon which such signs are placed. Section 29 Marquee signs not to extend beyond the marquee and not to..exceed 4 ft. in height. On-site combination vertical and roof signs, not to exceed 100 sq. ft. in area and not to extend more than 4 ft. from building wall and not.to extend more than 5 ft. above the roof. Aggregate area of all signs not to exceed 4 sq. ft. in area for each foot of frontage of buildings displaying signs, or 2 sq. ft. for each foot of frontage of property -occupied by such buildings or devoted.to such use, whichever is the greatest. Neon type signs allowed. Strip lighting allowed. SCHEDULE OF DISTRICT REGULAU ONS ST. LUCIE COUNTY, FLORIDA Resolution adopted Sept. 13,1961 DISTRICT B-2 LIMITED BUSINESS This district is intended to provide retail and service needs for several neighborhoods or a substantial territory. Retail stores in- clude convenience, fashion, and durable goods. Service needs extend beyond the provision of purely personal services, but repair activities are limited. Professional uses are encouraged. PERMITTED PRINCIPAL USES AND STRUCTURES NOT REQUIRING APPROVAL BY BOARD OF COUNTY COMMISSIONERS Any use permitted in a B-1 Distract. Rooming or boarding house. Miscellaneous commercial uses such as business, commercial art, dancing, music, radio, television, day nursery, or nursery ,schools, auction houses for such.goods as jewelry, rugs, and art goods, artist studio, dental or medical laboratory, or research or experimental activity, motor bus terminal. Non-commercial uses -such as church, church school, library, museum, community buildings, publicly owned or operated buildings and uses, private club, lodge, fraternity and similar uses not operated for profit. Office uses, such as banks and financial institutions, business and professional offices, governmental and utilities offices, travel agencies, employment office, newspaper office. Retail establishments such as department store, household furnishings and home appliances, office furniture and equipment, automobile new parts and accessories, camera and photographic supply, package liquor, sporting goods, bait and tackle, musical instruments, television and radio (including repair incidental to sales), paint and wallpaper, pet store. Service establishments such as filling stations, utility trailer dis- play and storage incidental to filling station (with not more than five such rental trailers), radio and television repair, health institutions, quick -service laundry, interior decorator, photographic studio. Veterinary or small animal hospital not having any outside runs or pens and in which all animals are kept at all times within a completely enclosed, air conditioned building so constructed and maintained as to be reasonably soundproof. (Resolution No. 72-7 1/11/72) Water related uses such as boat and marine motor service and repair while boats are in water, boat rental, charter boatsi•commercial wharves, piers, slips, and anchorages. Section 29 -100- DISTRICT B-2 LIMITED BUSINESS Above uses are subiect to the following limitations:' 1. Sale, display, preparation, and storage to be conducted within a completely enclosed building. 2. Products produced to be sold only at retail. 3. No sale, display, or storage of second hand or used merchandise except in an antique shop, or as incidental to the sale of new merchandise. 4.- Accessory uses and structures incidental to a.permitted use, including a cocktail lounge. in connection with a restaurant. PERMITTED USES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY THE BOARD OF 20 OF SECTION 7. (Resolution No. 73-44 4/3/73) Hotels, motels and multiple family dwellings. Shopping Center not exceeding 150,000 square feet of gross :PLM -T- dr" --d. AMEND RES. #77-102, adopted 9/6/77 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures incidental to a permitted use. PERMITTED USES REQUIRING APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS AS PROVIDED IN SECTION 15-A. AMENDED RESOLUTION 80-526-3 80) Mining Section 29 Ul�llCllil D-� L11•u.11JL ,..v..•+..�__ --- PROHIBITED- USES AND STRUCTURES Listed permissible uses do not include, either as a principal or acces- sory use, any of the following which. are listed for emphasis: • Automobile, truck, trailer, ma:torcycle, or machinery sales, display, storage or repair, including repair garages, new car agencies, used car lots, and auto laundries. Bulk sales, storage or display of lumber or building materials. Cabinet, carpenter, plumbing, electrical, sign or sheet metal shops. Display or sale of secondhand or used merchandise except in antique store or in .connection with a permitted auction. Drive-in theatres, drive-in restaurants, drive-in refreshment stands. Mortuaries, vocational schools,- except as specifically permitted. Pawnshops. Storage or warehouse uses except as accessory to a permitted use. Wholesale establishments. Any other use first permitted in a less restricted district. SPECIAL EXCEPTIONS permissible by the Board of -Adjustment after. public hearing and subject to appropriate conditions and safeguards. .Fishing or amusement pier. Public utility station or substation. i MINIMUM LOT REQUIREMENTS (Area & Width): None. MINIMUM YARD REQUIREMENTS (Depth of front & rear yards, width of side yards) See Section 10 MAXIMUM HEIGHT OF STRUCTURES No portion intended for human occupancy shall exceed: 4 stories or 50 feet. MINIMUM FLOOR AREAS - Amended 11/26/74 Resolution 74-165 See Definition Each dwelling unit: As for R -4A Each efficiency unit: As for R -4E Each motel unit: As for R -4E LIMITATIONS ON SIGNS (See Section 9 for General Regulations) No signs intended to be read from all the premises except: Signs as permitted for B-1. .No signs within 50 ft of R-1AA, R -1A, R -1B, R -1C, R-21 R-3 or R-4 District. No ground sign to exceed 25 ft in overall height above ground. Off-site signs permitted subject to general regulations for such signs. Marquee signs. Wall, ground, roof, and pylon signs. Roof sign not to exceed 25 ft. in leight above* roof and not to obstruct light or air of adjacent property. Section 29 DISTRICT B-2 LIMITED BUSINESS Combination vertical and roof signs not to exceed 200 sq. ft. in area for one story building plus additional 50 sq. ft. of area for each story above first story. .Such signs not to extend more than 4 ft. Temporary construction sign: As for R-3 Neon type signs allowed. Strip lighting allowed. Section 29 SCHEDULE OF DISTRICT REGULATIONS - - - ST. LUCIE COUNTY, FLORIDA Resolution adopted Sept. 13, 1961. ---- DISTRICT B-3 ARTERIAL BUSINESS This district is intended to apply to arterial streets and major traffic - ways where business establishments may property locate to serve large sections of the urban area. Such businesses normally require considerable .ground area, are not concerned with serving pedestrian traffic, and requ: a conspicuous and accessible location convenient to motorists. PERMITTED PRINCIPAL USES AND STRUCTURES NOT REQUIRING APPROVAL BY BOARD OF COUNTY COMMISSIONERS Any use permitted .in A B-1 or B-2 district, except as otherwise prohibited. Retail establishments such as those for display.and sale of new automobiles, trucks,mobile homes, and boats; display and sale of used automobiles, in running order and of used mobile homes and boats; display and storage of not over 10 utility trailers for sale or rental; tires and batteries; plumbing and electrical fixtures; lawnmower seriv.ce,-sale, andrental; ship chandlery. Hardware store to retail building supplies and sell lumber in an enclosed structure. AMENDED RESOLUTION 80-52 (6-03-80) Service establishments such as repair and. service garage (but not inclu- ding bumping and painting), auto laundry, hand laundry, home appliance repair, job printing shop or newspaper plant, locksmith, barbecue stand or drive-in restaurant or refreshment stand, pawn shop, pest control agency, plant nursery or landscaper, taxidermist, veterinarian or small animal hospital,.telephone exchange. Commercial sports activities such as bowling alley, golf driving range or miniature golf course, skating rink, swimming pool, boxing or sports arena, archery range, pony ride. Commercial recreation activities such as night club, tavern or bar, pool- room, theatre, aquarium, assembly hall, museum. and exhibits, games of skill and chance, fortune telling, penny arcadds. Canvas shop, electrical contractor, sign shop, and upholstery shop. ' Storage of travel trailers (interpreted by Board of County Commissioners 6-7-77.) The above uses are limited in that all products produced incidental to a permitted use shall be sold at retail on the premises.' A. Warehousing and storage uses with a minimum gross floor area of 2,000 square feet and a maximum gross floor. area of 4,000 square feet. B. Wholesale sales with a minimum gross floor area of 2,000 square feet and a maximum gross floor area of 4,000 square feet. All warehousing and storage and wholesale sales must be conducted within a completely enclosed building. AMENDED RESOLUTION 78-111 (11-14-78) MINING - Subject to approval of the Board of County Commissioners as provided in Section 15-A. AMENDED RESOLUTION 80-52 (6-03-80) Section 29 PERMITTED USES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SUBSECTION 20 OF SECTION 7. RESOLUTION 73-44 4-3-73 Hotel, motel and shopping center SPECIAL EXCEPTIONS permissible by the Board of Adjustment after public hearing and subject to appropriate conditions and safeguards. Auto body and paint shop in conjunction with a new car -.agency. Mobile .home as accessory use for a single person .to protect property against vandals, thieves_, etc. -providing that any grant of special exception shall set a time limit of not to exceed one year. Sale of used or second-hand merchandise as an accessory use in drive- in theaters, provided the Board of Adjustment determines the existing screening is sufficient. Otherwise, said Board shall specify what additional screening will be required. AMENDED RESOLUTION 78-24 (2-28-78) Sale of used or second-hand merchandise as an accessory use to a per- mitted use provided the requirements of Subsection 16 of Section 7 are complied with. AMENDED RESOLUTION 78-24 (2-28-78) MINIMUM LOT REQUIREMENTS (Area 9 Width) None, except that residential use other than accessory must be: Width: 100 ft. Area: 10,000 sq. ft. MINIMUM YARD REQUIREMENTS (Depth of front 8 rear yards, width of side yards) See Section 10. MAXIMUM HEIGHT OF STRUCTURES: No portion intended for human occupancy shall exceed: 6 stories or 90 feet. LIMITATION ON SIGNS (See Section 9 for General Regulations) No signs intended to be read from off the premises except: Signs as permitted for B-2. No sign within 50 ft. of R-lAA, R -1A,. R -1B, R -1C, R-2,.or R-4 Districts. No ground sign to exceed 25 ft. in overall height above ground. Off-site signs permitted subject to General Regulations for such signs. Roof signs not to exceed 25 ft. in height above the roof and not to obstruct light or air of adjacent property. Vertical projecting signs. not to extend over 5 ft. beyond the wall. PROHIBITED USES AND STRUCTURES Dwellings except as an accessory to a permitted use. Permissible uses to not include, either as a principal use or accessory use, any of the following which are listed for emphasis: Open air sale or display of machinery, farm implements, construction equipment. Manufacturing except as accessory to a permitted use. Any use first permitted in a less restricted district. Section 2 9 SCHEDULE OF DISTRICT REGULATIONS ST. LUCIE COUNTY; FLORIDA Resolution adopted Sept 13, 1961 DISTRICT B-4 GENERAL BUSINESS This district is intended for repair and other services; wholesale, storage, and warehouse uses of a general character; and sales of heavy machinery and equipment. 'Very light production and processing activities are allowed. PERMITTED PRINCIPAL USES AND STRUCTURES Any use permitted in a B-3 district except as otherwise prohibited. Sale and display of automobile second hand parts (no wrecking); second hand merchandise; construction machinery and equipment; tractors and agricultural implements; heavy machinery; pumps; welding.equipment and supplies; dairy supplies, feed, fertilizer; restaurant and hotel supplies and equipment; motorcycles; monu- ments; building supplies (in a building); lumber yard; utility trailers (including storage). Service establishments such as large animal hospital.or boarding ken- nels; laundering, dyeing, cleaning, carpet or rug cleaning establish- ments, diaper service and linen supply; ambulance service; crating, packing, shipping service, including fruit packing and shipping; dis- tribution service; package delivery, wholesale magazine agency; milk distributing agency or creamery soft drink bottling; trade or voca- tional school. Repair and shop uses such as auto body and paint shop, awning and canvas shop, carpenter, cabinet or furniture repair shop, battery repair and rebuilding; heating, roofing, sheet metal, electrical, or plumbing contractor or repair shop, sign shop st• upholstering; tin- smith; boat building and repair (up to 45 ft.). Wholesale, warehouse, or storage uses such as ice or cold storage plant and frozen food lockers; wholesale establishments; fish house; storage warehouse. Miscellaneous utility uses such as express office, gas regulator sta- tion, railroad freight or passenger station, railroad freight yards and storage tracks, transformer and electrical switching station, 'seaplane base. Mining - subject to approval of the Board of County Commissioners as provided in Section 15-A. AMENDED RESOLUTION 80-52 (6-33-80) PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures. PROHIBITED USES AND STRUCTURES Permissible uses do not include, either as a principal use or accessory use, any of the following, which are listed for emphasis: Motor freight terminal. Open air display, sale or storage of new or used building materials. Any use first permitted in a less restricted district. Dwellings, except as an accessory to a permitted use. Hotels, motels, apartment hotels, rooming, boarding or lodging house, villas. bunEalow courts. -107- Section 29 108. DISTRICT B-4 GENERAL BUSINESS PROHIBITED USES AND STRUCTURES Hospitals, sanitarium, orphanages and similar institutions for.the care or treatment of persons. SPECIAL EXCEPTIONS permissible by the Board of Adjustment after pub- lic hearing and subject to appropriate conditions and safeguards: Mobile home as accessory use for a single person to protect property against vandals, thieves, etc. providing that any grant of Special Exception shall set a time limit of not to exceed one year. MINIMUM LOT REQUIREMENTS (area & width) None. MINIMUM YARD REQUIREMENTS (Depth of front & rear yards, width of .gide yards) See Section 10. MAXIMUM HEIGHT OF STRUCTURES No portion intended for human occupancy shall, exceed: 6 stories or 90 ft. LIMITATION ON SIGNS (See Section 9 for General Regulations) No signs intended to be read from off the premises except: Sims as permitted in B-3. Temporary construction signs: As for R-3. Section 29 SCHEDULE OF DISTRICT REGULATIONS ST. LUCIE COUNTY, FLORIDA Resolution adopted Sept 13, 1961 M-1 INDUSTRIAL DISTRICT The M-1 district is designed properly, to locate certain manufacturing occupancies which, though they may be large in area, will not require the use of heavy equipment either in production or transportation of raw -materials or finished product. Manufacturing in this district shall be the principal use and shall be restricted to that which pro- duces articles and products, not involving the use of any materials, processes, or machinery which will, by the emission of noise, vibra- tion, odor or other pollution create conditions detrimental to the value or existing use of adjacent property or in any way be incompa- tible with nearby residential districts. In order to preserve the character and to minimize conflict in this district, certain uses, which are permitted in a higher restricted district, are prohibited. PERMITTED PRINCIPAL USES AND STRUCTURES Processing and/or manufacture, including storage, warehousing, and dis- tribution facilities for such products as: Brooms and brushes. Canvas products. Clothing and leather products, but not including tanning. Cosmetics, toiletries, and pharmaceuticals. Electrically fired ceramics and pottery. Food and food products, but not to include slaughtering or products specifically assigned to the M-2 or M-3 districts. Hardware or cutlery. J ew•e lry . Musical instruments. Novelties. Orthopedic and medical appliances. Paper products, but not including the manufacture of paper. Plastics. Precision instruments and electronic devices. Small parts and devices. Television, radio, phonograph, electrical fixtures. Tobacco products. Miscellaneous processes such as: Motion picture studio; pattern, tool, die, or gauge shop, electroplating; hatchery; cutting and blending liquor. General warehouse and storage activities, including such activities under B-4 districts. Repair and shop uses as under B-4 districts. Miscellaneous utility uses as under B-4 districts. Mining - subject to Board of County Commissioners approval as provided in Section 15-A. AMENDED RESOLUTION 80-52 (:6.--�3-80) PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures, including living quarters accessory to a permitted use. -109- Section 29 110. M-1 INDUSTRIAL DISTRICT PROHIBITED USES AND STRUCTURES Permissible uses do not include, either as a principal or accessory use, any of the following, which are listed for emphasis: Dwellings except as accessory to a permitted use. Hotels, motels, apartment hotels, rooming, boarding or lodging houses, villas, bungalow courts. Institutions for the housing, care or treatment of sick, indigent, aged, or adolescent persons. Foundry, drop forging; stamping, dieing, shearing or punching of metal exceeding 1/$ inch in thickness, or of lesser thickness'as incidental to other manufacturing processes. Manufacture of any product or the utilization of any process or opera- tion expressly specified for an M-2 or M-3 district. Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete, or products thereof. Motor freight terminals. Paint or varnish manufacture; oil compounding or barrelling. Storage in bulk of asphalt, brick, building materials, butane, cement, clay products, concrete products, coal, contractors' equipment, cot- ton, fuel, gasoline, grain, gravel, grease, hay, ice, lead, lime, liquor, plaster, pipe,.lumber, machinery, propane, roofing, rope, sand, stone, tar, tarred or creosoted products, terra cotta, timber, wine, wood, or wool. The above prohibition does not apply to storage of these materials in warehouses. Use of automatic screw -machines. SPECIAL EXCEPTIONS permissible by the Board of Adjustment after public gearing and subject to appropriate conditions and safeguards: 14obile hbme as accessory use for a single person to protect property against vandals, thieves, etc. providing that any grant of Special Exception shall set a time limit of not to exceed one year. MINIMUM LOT REQUIREMENTS (area & width) None. MINIMUM YARD REQUIREMENTS (Depth of front & rear yards, width of. side yards) See Section 10. MAXIMUM HEIGHT OF STRUCTURES No portion intended for human occupancy shall exceed: 2 stories or 50 ft. LIMITATIONS ON SIGNS (See Section 9 for General Regulations) No signs intended to be read from off the premises except: Signs as permitted in B-4. Section 29 SCHEDULE OF DISTRICT REGULATIONS ST. LUCIE COUNTY, FLORIDA Resolution adopted Sept 13, 1961 M-2 INDUSTRIAL DISTRICT The M-2 district is intended to locate industrial and manufacturing occupancies which, due to employment of heavy equipment and machinery, may create noise and vibration objectionable to a residential or busi- ness neighborhood. Occupancies in this district shall be restricted to those industrial -and manufacturing uses which will not create con- ditions that would, by emission of gasses, dust, smoke, or any waste, tend to pollute either air., land, or water. Any occupancy located in the M-2 district shall provide all safeguards necessary for compliance with the intent and purpose of the district. Since many manufacturing and industrial uses require ap-unlimited water supply for cooling, and transportation facilities by highway, rail, air, and water and, since such.areas are not generally available, uses, as permitted in more • highly restricted districts and which are more appropriately scheduled in such districts, are prohibited as principal uses in the M-2 district in order to conserve the M-2 district for uses that will best serve the welfare and economy of St. Lucie County. PERMITTED PRINCIPAL USES AND STRUCTURES Any use permitted in an M-1 district which will not tend to violate the character and purpose of the M-2 district. Processing -and/or manufacture,. including storage, warehousing, and dis- tribution facilities for such products as: Automobile accessories, except manufacture of tires. Batteries. Boxes. Cork or excelsior. Concrete.or metal culvert, septic tanks. Disinfectants and insecticides. Malt beverages and liquor. Poisons and acids (except.hydrochloric, nitric, picric, and sulphurous or sulphuric). Textiles, matresses, rope. Such activities as: Automobile assembly plant. Automobile assembly plant. Constructor or contractor's yard. Machine or welding shop and die casting. Meat processing, fish smoking, curing and canning. Millwork, lumber, or planing mill. Mining - subject to approval of the Board of ..County Commissioners as provided in Section 15-A. AMENDED RESOLUTION 80-52 .-(6•-3:-80) Storage in bulk of such products as building materials, butane, clay -and concrete products, grain, gravel, sand, hay, ice, lead, liquor, machinery, timber, wool, oil, or gasoline, asphalt - liquid or solid. Sale, display and service of construction machinery and equipment, tractors, agriculture equipment, pumps and heavy machinery. -111- Section 29 112. M-2 INDUSTRIAL DISTRICT PERMITTED PRINCIPAL USES AND STRUCTURES - continued Such miscellaneous activities as: Airport. Animal cemetery or refuge. Broadcasting towers and antenna. Circus or carnival. Correctional or penal institution. PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures, including residential uses incidental to a permitted use. PROHIBITED USES AND STRUCTURES Permissible uses do not include, either as a principal or accessory use, any of the following, which are listed for emphasis: The manufacture of any product or the utilization of any material, process or operation expressly specified for an M-3 district. Foundry. Drop forging. Smelting or refining ores or metals. Paint or varnish manufacture. Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete. Storage in bulk of asphalt, cement coal, fuel, gasoline, grease, lime, tar, tarred or creosoted products. The above prohibition does not apply to storage of these materials inside a building. Dwellings, except as accessory to a permitted use. Hotels, motels, apartment hotels, rooming, bearding or lodging houses, villas, bungalow courts. Institutions for the housing, care or treatment of sick, indigent, aged, or adolescent persons. ;SPECIAL EXCEPTIONS permissible by the Board of Adjustment after public hearing and subject to appropriate conditions and safeguards: Race tracks - auto, horse, dog, motorcycle. Rifle range. Mobile home as accessory use for a single person to protect property against vandals, thieves, etc. providing that any grant of special exception shall set a time limit, of not to exceed one year. MINIMUM LOT REQUIREMENTS (Area & width) None. MINIMUM YARD REQUIREMENTS See also Section 10. Depth of front & rear yards, width of side yards) See Section 10. Section 29 113 . M-2 INDUSTRIAL DISTRICT MAXIMUM HEIGHT OF STRUCTURES No portion intended for human occu- pancy shall exceed: 4 stories or 80 ft. LIMITATIONS ON SIGNS (See Section 9 -for General Regulations) No signs intended to be read from off the premises except: Signs as permitted in B-4. Temporary construction sign: as for R-3. Section 29 SCHEDULE OF DISTRICT'REGULATIONS ST. LUCIE COUNTY,. FLORIDA Resolution adopted Sept 13, 1961 M-3 INDUSTRIAL DISTRICT The M-3 district is intended for the location of manufacturing and industrial uses which, due to the materials and processes employed, will require special location and safeguards to prevent. pollution of air, land, and water.by the emission of fumes, toxic gasses, dust, smoke, toxic effluents, and other wastes and to mitigate their ef- fects. To conserve and best utilize the M-3 district, uses, as per- mitted in more highly restricted districts and which. are more appro- priately scheduled in such districts, are prohibited as principal uses in the M-3 district. This district is designed, 'primarily, to obtain the best possible long-range development of the natural -re- sources and native assets of St. Lucie County. PERMITTED PRINCIPAL USES AND STRUCTURES Any use permitted in an M-1 or M-2 district which will not tend to violate the character and purpose of the M-3 district. Such activities as the following, including processing and/or manu- facture and storage, warehousing, and distribution where necessary: Asphalt storage - liquid or solid. Bag cleaning. Bulk storage of petroleum and petroleum products;.gas holder, butane and propane. Concrete batching or transit mix plant; paving plant. "Crushing and screening of rock, sand, gravel or soil" Electric power plant. Fertilizer manufacture (limited to cold compounding of non -odorous materials). Iron or steel fabrication. Livestock auction sales. "Mining - Subject to approval of as provided in Section Zoning Resolution." Monument works. Salvage yard and storage. Sand blasting. Septic tank service. Ship building and ship yard.. Storage of poisonous gases. 'the board of Coupty Commissioners 15-A MINING of the Comprehensive PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures, including living quarters accessory to a permitted use. -114- Section 29 115. M-3 INDUSTRIAL DISTRICT PROHIBITED USES AND STRUCTURES Permissible uses do not include, either as a principal or accessory use, any of the following, which are listed for emphasis: Dwellings except as accessory to a permitted use. Hotels, motels, apartment hotels, rooming, boarding or lodging houses;.villas, bungalow -courts. Institutions for the housing, -care or treatment of sick, indigent, agent, adolescent or other persons. SPECIAL EXCEPTIONS permissible by the Board of Adjustment after public hearing and subject to appropriate conditions and safeguards: Animal slaughterhouse or abattoir; asphalt manufacture or refining; asphalt paving plant; corrosive acid manufacture including hydro- cloric, nitric, sulphurous and sulphuric acids; bone distillation; blast furnace; butane and propane manufacture or storage; cement, lime, gypsum or plaster of paris, manufacture or grinding; creosote manu- facture or treatment; coke oven; distillation of coal tar, petroleum, refuse., grain or wood; drilling, production or refining of petroleum or inflammable liquidsp drop forge plant; fat rendering; fertilizer manufacture, except the cold compounding of non -odorous materials; foundry; gunpowder, fireworks, or other explosives, manufacture or storage except as incidental to a permitted use; garbage, offal, dead animals, refuse, rancid fats;,incineration, reduction of storage; glue, size or gelatin manufacture, where the processes used include the refining or recovering of products from fish, .animal refuse or offal; house wrecking yards, used building material yards; junk yards; automobile wrecking yards; paper and pule mills; pyroxlin and pyroxlin product manufacture; rubber manufacture from raw materials; sewage disposal plants; smelting or refining of metals or ores; steel manu- facture by Bessemer, open hearth or other process; steel mill, rolling mill, blooming mill; stock yards or feeding pens; tanning, curing or storage of raw -hides or skins, except as incidental to taxidermy; tallow, grease or.lard manufacture or refining from animal, vegetable or fish fat and oil; extraction of animal, vegetable or fish fat and oils. Mobile home as accessory use for a single person to protect property against vandals, thieves,.etc. providing that any grant of special exception shall set a time limit of not to exceed one year. MINIMUM LOT REQUIREMENTS (Area & Width) For use first permitted in M-3 district: Width: 200 ft. Area: 20,000 sq. ft. MINIMUM YARD REQUIREMENTS See Section 10. Depth of front & rear yards, width of side yards) Section 29 M -3 --INDUSTRIAL DISTRICT MAXIMUM -HEIGHT OF STRUCTURES No portion intended for human occupancy shall exceed: 150 ft. LIMITATIONS ON SIGNS (See Section 9 for General Regulations) No signs intended to be read from off the premises except: Signs as permitted in B-4. Temporary construction sign: As for R-3. Section 29 SCHEDULE OF DISTRICT REGULATIONS ST. LUCIE COUNTY, FLORIDA PS -1 PUBLIC SERVICE DISTRICT (Established by Resolution adopted by the Board of County Commissioners on 21 May IW) INTENT OF DISTRICT The Public Service District is designed to locate public utilities and public services which, though they may be large in area, will not involve the use of processes or machinery which will be the emission of noise, vibration, odor or other polution create conditions detrimental to the value or existing use of adjacent property. PERMITTED USES AND STRUCTURES Public utilities and public service plants and facilities, including parks and recreational areas. PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures including living quarters accessory to a permitted use. PROHIBITED USES AND STRUCTURES Any manufacturing or commercial use other than a public utility or public service use or any residential use other than as an accessory use. SPECIAL EXCEPTIONS Permissible by the Board of Adjustment after public hearing and subject to appropriate conditions and safeguards: Mobile home as accessory use to protect property against vandals, thieves, etc. providing that any grant of special exception shall set a time limit of not to exceed one (1) year. MINIMUM LOT REQUIREMENTS None. MINIMUM YARD REQUIREMENTS Where a public service district directly abuts a residential district without any separator, such as a street, alley, canal or open space between them, then the lots in such public service district shall be required to provide a yard at least 25 feet deep adjacent to the residential district. Any such yard may be used for walkways, driveways, or landscaping but not for any other use. MAXIMUM HEIGHT OF STRUCTURES None except as established by St. Lucie County Airport Zoning Resolution. -117- Section 29 - _ 118 . PS -1 PUBLIC SERVICE DISTRICT SITE PLAN Before development commences on any parcel of land located in a public. service district, the owner of said land or his agent shall submit a site plan for approval by the Board of County Commissioners Said site plan shall include but not be limited to the following: 1. Area showing in general the location: of the following: a) areas in which various processes will be performed or machinery used, including the proposed use of such areas; b) areas for off-street parking; c) areas for loading and unloading facilities; d) areas, whether enclolsed or open, for storage. 2. Points of ingress and egress. 3. Plans, showing in general, landscaping and beautification. OFF-STREET PARKING There shall be provided one off-street parking space for each employee on duty at any one time. LOADING AND UNLOADING All loading and unloading shall be off-street so as not to interfere with normal pedestrian or vehicular circulation on public rights-of-way. Section 29 P.D.P. PLANNED DEVELOPMENT PROJECT INTENT The intent and purpose of this district is to provide an alternative means of land development and to provide design latitude for the site planner. .Further, the intent of this provision is to encourage the unified development of tracts of land by permitting, within the confines of an -overall density limitation, much more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of other zoning districts. Where such flexibility is permitted,' Planned Development Project design and construction shall follow a carefully devised plan of development which shall be prepared in accordance with the requirements, procedures, and approvals herein prescribed. The requirements of area, height, bulk and placement regulations, as they are usually applicable to individual buildings and individual lots of record, would in certain cases of large scale development have results affording less protection to the public health, safety and welfare than if a measure of flexibility was permitted. The permitting of these Planned Development Projects as special and particular land uses can, in certain cases, increase the desirability and convenience to the residents or occupants of the Planned Develop- ment Project without causing adverse effects on adjoining properties. DEFINITION A Planned Development Project '(1) is land under unified control, planned. and developed as a whole in a single development operation or approved programmed series of development operations for dwelling units and related uses and facilities; (2) includes principal and accessory uses and structures sub- stantially related to the character of the development itself and the surrounding area of which it is a part; (3) is developed according to comprehensive and detailed plans which include not only streets, utilities, lots, or building sites and the like, but also site plans, floor plans, and elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; (4) includes a program for full provision, maintenance, and operation of such areas, improvements, facilities, and Section 29 -119- 120. services as will be for common use by some or all of the occupants of the planned unit development, but will not be provided, operated, or maintained at public expense. DESIGNATION OF AND DENSITY IN PDP (AMENDED RESOLUTION 75-60', 5/27/75) (1) The boundaries of land rezoned to PDP classification shall be indicated on the Official Zoning Map by the symbol "PDP". (2) A change to PDP Zone is permitted in any zone that permits residential uses. Because land may be used more efficiently in PDP, improved environmental quality often results. The efficient use of and improved environmental quality in PDP are directly dependent upon design considerations which are unique for any proposed PDP. Consequently, the Board of County Commissioners shall determine in each case, the ap- propriate dwelling unit density (per gross acre) for each individual PDP proposal. A p roposal'for PDP density shall be completely documented by the petitioner in the course of meeting the requirements of the ADMINISTRATIVE PROCEDURES section of these District Regulations and shall also be re- lated to relevant plans and engineering studies for the area(s) in question. (3) Rezoning to PDP shall become effective .upon approval of the Final Plan by the Board of County Commissioners. GENERAL REGULATIONS The general regulations for all Planned Development Projects shall be as follows: (1) the owner shall receive County Commission approval of the Comprehensive PDP Plan prior to start of construction. (2) the owner of a Planned Development Project shall permanently maintain the areas designated on the final plan for landscaping purposes. (3) the developer shall be required to provide a detailed state - ment of assurance including covenants, agreements, or other specific documents, showing the ownership and method of pro- viding perpetual maintenance to be applied to those areas with- in the project that are to be used for open space, recreational or other common or quasi -public purposes. Such a statement shall be attached to the preliminary and Final Plans as special conditions. (4) the developer shall be required to complete all improvements including those required as special conditions before a Cer- tificate of Occupancy shall be issued. If the Planned Develop- ment Project is to be developed in stages, all improvements in each separate stage including those required as special condi- tions shall be completed before a Certificate of Occupancy is issued or a building permit issued for construction of the next stage. (5) an application for a Planned Development Project may include 121 a proposed division of the tract of land within the project property lines into one or more separately owned and operated units. Such proposed divisions,. if approved along with the proposed planned development project and if in compliance with the subdivision regu- lations, shall be permissible without further subdivision regulation approval. All projectswhich include a proposed subdivision of the total tract of land into separately owned and operated units shall, if approved, be subject to all attached special conditions and all existing subdivision regulations. Exemption from the normal require- ments of the zoning and subdivision regulations may be permitted when the developer demonstrates that adequate provisions have been made in the Planned Development Project for sufficient light and air, that the density of .development is compatible with surrounding land uses, that pedestrian and vehicular traffic circulation systems are safe and efficient, that the development will progress in orderly phases, and that the public health, safety, and general welfare will be protected. (Amended Res. 80-3, 1-8-80) (6) there shall be no subdivision of Project unless such subdivision approved and recorded final plat has been approved and recorded.. an approved Planned Development is in conformance with the originally of the planned development project (7) there shall be no change, alteration, amendment, or extension of any approved planned development project final plan unless such change, alteration, amendment, or extension is approved in conformance with the procedures for filing a Planned Development Project. (8) all land included for purposes of development within a Planned De- velopment Project shall be under the control of the applicant, whether that applicant be an individual, partnership, or corporation or a group of individuals, partnerships, or corporations. The appli- cant shall present firm evidence of the unified control of the entire area within the proposed Planned Development Project. (9) tracts of land under unified ownership as defined in Subsection 21, (5) of Section 7, containing the minimum or greater acreage allowable for a Planned Development Project, and zoned in two or more classi- fications, shall be developed as a Planned Development Project unless: (a) it can be demonstrated to be in the public interest to change the zoning on the parcel to a single classification. (b) it can be demonstrated that independent development of the separately zoned areas of the single parcel will not result in an incompatible land use relationship. (10) The application fee for Planned Development Project Zoning shall be as follows: For the first 100 dwelling units.or fraction thereof, $100, plus $50 for each additional 100 dwelling units or fractions thereof. (Amended Res. 76-13, 2-10-76) Section 29 GENE RAL DESIGN STANDARDS 122 - --- The County shall examine the proposed Planned Devehopment Project with particular -attention to the following: - (1) the influence the proposed project may be expected to have on existing or future- development in -surrounding area -v -and--the--- achievement of a desirable relationship between the buildings and the.land, and between the buildings themselves. (2) sites without adequate access to collector and arterial street �vi31-- z egtZire -a 1 -ower.- den s- ty -th am -s to s wi th- dixeat a -c e ss- to major thoroughfares. Further, the number of dwelling units within _. the vicinity of the Planned Development Project, number and spacing of Project access points will be. taken into consideration in evaluating quality of access. (3) to ensure that existing or proposed utility services are adequate for the population densities or land use intensities proposed. -(4). �. to -ensure . that the. proposed. pr.oj.ert-reflects .-the _,avexall__ location standards and principles of land use arrangement and design as set forth in the Comprehensive Plan and especial: the Land Use Plan for the area. (5) off-street parking space shall be provided on the site so that there will be no generation of automobile parking on any street or access road. (6) all off-street parking facilities proposed to be located above ground level shall be designed and constructed so that• entrance and exit -ramps --do not result in direct or indirect traffic congestion.on the site or on adjacent streets. (7) in Planned Development Projects containing multi -family housing, areas shall be provided for the parking, loading and unloading of delivery trucks and other vehicles and for the servicing of buildings by refuse collection, fuel and other automobile parking spaces. Such areas shall be :adequate in size and so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities. - (8) access points on all collector or arterial streets serving a.Planned Development Project shall be properly located.and spaced. The local planning agency may approve the use of temporary access points that shall -be eliminated by the developer when access roads or other streets are extended to the permanent access points. (9) no Planned Development Project shall be permitted vehicular Section 29 123. access to a minor residential street unless specifically approved by the County. (10) no intensive recreational, commercial or miscellaneous non- residential use shall be permitted in a PDP within 150 feet of the boundary of any adjacent residential district. (11) all multi -family dwellings shall meet current spacing requirements. Planned Development Projects shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations that neither extension nor enlarge- ment of such systems will be required in manner, form, character, loca- tion, degree, scale, or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under existing zoning in the area. However, if applicants will (1) provide private facilities, utilities, or services approved by appropriate public agencies as substituting on an equivalent basis, and assure their satisfactory continuing operation permanently,or until similar public utilities, facilities, or services are available and used, or (2) make provision acceptable to the County for offsetting any added net public cost or early commitment of public funds made necessary by such development, the rezoning to PDP may be approved. In computing added net public costs, difference in anticipated public installation, operation, and maintenance costs and difference in anticipated public revenue shall be considered. Determination shall be made by experts acceptable to the County. SUBSTANTIVE DESIGN STANDARDS Circulation System: Every dwelling unit, or other use permitted in the Planned Development Project shall have access to a public street either directly or via an approved private road, pedestrian way, or other area dedicated to public or private use, or common element guaranteeing access. Permit- ted uses are not required to front on a dedicated public road. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic.. Minor streets within the Planned j Development Project shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. i Section 29 12 4. The proposed Planned Development Project must be so located with regard to major thoroughfares and uses outside the project that traffic congestion will not be created by the proposed development or will be obviated by presently projected improvements and that uses adjacent to such thoroughfares will not be adversely affected. A part of every residential building shall not be farther than sixty (60) feet from an access roadway or drive providing vehicular access from a public street. The design. of internal circulation systems must be coordinated with the non-residential element of the PDP. All commercial or miscellaneous non-residential land uses within the PDP shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. The pedestrian circulation system and its related walkways shall be insulated completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed to be necessary by the County Commission, pedestrian underpasses or overpasses in the vicinit% of schools, playgrounds, local shopping areas, .and other neighborhood uses which generate a considerable amount of pedestrian traffic. Streets in a PDP may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall be constructed in accordance with standards required by the County Reg- ulations for Filing Plats and Developing Subdivisions and other appli- cable standard County specifications. If the owners in the future should request that the private streets be changed to public streets, the owners shall fully agree that, before acceptance of such streets by the County, the owners shall bear full expense of reconstruction or any other action necessary to make the streets fully conform to the requirements applicable at that time for public streets, prior to dedication and acceptance. Finally, the owners shall also agree that these 'streets shall be conveyed to public use without compensation to the owners and without the owners' expenses in making such streets conform -to the requirements applicable at that time for public streets, if at some future date, the County so requests. Within the boundaries of the Planned Development. Project, no minimum lot size or minimum yards shall be required; provided, however, that PDP frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PDP use most. closely resembles and that where the Project abuts another Residential District, a permanent open space at least twenty-five (25) feet wide shall be provided along the property line, shall be maintained in I landscaping, and no driveway or parking shall be permitted in such an area. Section 29 125. Parking: Offstreet parking and loading requirements are governed by Section 11 of 'the Comprehensive Zoning Resolution and the .following standards: (1) Parking and loading areas shall be arranged so as to prevent through traffic to other parking areas. (2) Parking and loading areas shall be screened from adjacent structures, roads, and pedestrian walkways with hedges, dense planting, earth berms, changes in grade or walls. (3) No more than 15 parking spaces shall be permitted in a continuous row without being interruped by landscaping. (4) No more than 60 parking spaces shall be accommodated in any unlandscaped single parking area. (5) All streets and any off-street loading area shall be paved. However, upon recommendation of the County Engineer and approval by the County Commission, up. to 25/0 of the parking area may be finished with a permeable surface. i' (6) All parking areas and off-street loading areas shall be graded, drained, and constructed so as to dispose of all surface water without erosion, flooding, or other inconven- iences, and constructed in order to contain and dispose of surface runoff ensite. i (7) Parking and loading for non-residential purposes shall be provided in accordance with applicable provisions of the Comprehensive Zoning Resolution and as deemed adequate by the County Commission. (a) Off-street parking and loading requirements may be modified by the County Commission as appropriated to the particular case based upon the types of establish- ments permitted and the anticipated proportion of walk-in trade. (b) Multiple use of off-street parking, loading, or service areas and accessways for commercial and miscellaneous non-residential uses may be permitted, if such multiple use will not lead to congestion or the creation of hazards to pedestrian and vehicular traffic. Parcel Size: i Any tract of land for which a Planned Development Project application Section 29 126 . is made shall contain a minimum amount of land as specified for the following types of development: Major Type of Use Minimum Area Required Single Family Residential Use 10 acres Multiple Family Residential Use 2 acres Mixed Single and Multiple Family- 5 acres Residential Use (Over 50/ Multiple Family) ' All lighting facilities shall be arranged in such a; manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. All Planned Development Project building construction shall conform to all local, state and federal regulations pertaining to the parti- cular type of building or buildings proposed. The developer shall .provide the local planning board or designated agency with assurance of such compliance when appropriate. The County may attach any reasonable special condition necessary to ensure that there shall be no departure from the intent of this resolution. Because a Planned Development Project is inherently more complex than a single lot development and because each such project must be tailored to the topography and neighboring uses, the standards and. special conditions for such projects cannot be inflexible. Open Space: Required open space shall comprise at least forty (40) percent of the total gross area of the Planned Development Project and shall be devoted to planting, walkways, and recreational areas. Open Space includes: (1) Land area of the site not covered by buildings, parking areas, garages t carports, or other accessory structures except recreational structures when such recreational facilities and their accessory uses do not constitute more than five (5) percent of total open space in impervious surfaces (paving, roofs', etc.) . (2) Land which is accessible and available to all occupants of dwelling units for whose use or enjoyment the space is intended. Open Space Does Not include: (1) Utility easements; (2) Proposed street right-of-way; Section 29 127. (3) Parking areas and roadways; i (4) School sites and other community facility sites; and, (5) Non-residential areas and the buildings, accessory uses, and parking and loading facilities for those non-residential areas. Common open space (land reserved primarily for the leisure and recreat- ional use of the Planned Development Project residents and owned and maintained in common by them) shall comprise at least twenty (20) percent of the total gross area of the Planned Development Project (fifty (50) percent of required open space) and shall be improved to be used for recreational or park purposes for the collective enjoyment and use of the occupants of the development. At the request of the developer and subject to approval by the County Commission, use of recreational facilities may be offered to the general public by the developer and/or owners. The remaining fifty (50) percent of the required open space, i.e., that not to be improved for recreational activities, may also be improved or may be left in its natural state. Areas devoted to natural or improved floodways and those areas encumbered .by flowage, floodway, or drainage easements may be applied to satisfying this portion of the total open space' requirements. All and shown on the Final Plan as common open space must be.conveyed under one of the following options: (1) It may be conveyed to a publi.c agency which will, upon acceptance,agree to maintain it and any buildings, structures or improvements which have been placed on it:. (2) It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open* space must be conveyed to the trustees subject to covenants to be approved by the County. Commission which restrict the .common open space to the uses specified on the Final Plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. If the common -open space is not conveyed to a public agency, either one of the following methods of enforcement must be provided: (1) The legal right to develop the common open space for the uses not specified in the Fianl Plan must be conveyed to a Section 29 128. public agency. (2) The restrictions governing the use, improvement and maint- enance of the common open space, must be stated as conditions to the conveyance of the. common open space, and the fee title to the common open space shall be vested in a public agency in the event of a substantial default in the stated conditions. If the common open space is not conveyed to a public agency, the cov- enants governing the use, improvements, and maintenance of the common open space may authorize:' a public agency to enforce their provisions. The developer must file, at the time the Preliminary Plan is filed, legal documents which will produce the aforesaid guarantees and, in particular, will provide for restricting the use of common open space for its designated purpose. Commercial and Miscellaneous Non -Residential Uses.: Non-residential accessory development may be.permitted in a PDP if such development is for PDP residents and if actual need for such development is generated by the PDP itself. Any commercial development shall be justified economically at the locations proposed to provide for adequate commercial facilities of the types proposed. Consequently, the amount of area and type of. commercial facilities to be allowed in the PDP shall be based upon a market analysis containing at least the following: (1) Determination of the trade area of the proposed commercial facilities; (2) Determination of the trade area population, present and prospective; (3) Determination of the effective buying power in such area; (4) Determination of net potential customer buying power for' stores in the proposed commercial facilities and, on such basis, the recommended store types and store floor areas; and (5) Determination of the residual amount of buying power in the trade area and how it may be expected to be expanded in other areas serving the trade area. The market analysis shall be prepared and signed by a market analyst Section 29 129. and shall be critically reviewed by county staff. The minimum PDP size requirement for any PDP non-residential develop- ment is 400 dwelling units.or 100 acres before any commercial develop- ment shall be allowed. .The maximum amount of land devoted to commercial and miscellaneous non-residential uses shall not exceed four (4) per cent of the gross PDP area. However, it is recognized that these requirements should not receive more emphasis than a market analysis as a sound criteria for establishing the amount of commercial develop- ment in a residential PDP. Any commercial or miscellaneous non-residential development must be planned a -s an integral part of the PDP. Churches, schools, and other non-residential, non-commercial uses in the PDP district shall be subject to all requirements for lot area, width, height, yards and setbacks described in the zoning district in which they are first permitted. No building permit for any commercial or miscellaneous non-residential use in a residential PDP shall be issued before the issuance of Certi- ficates of Occupancy for at-Ieatt 400 dwelling units within the PDP. All commercial and. miscellaneous non-residential areas shall be, screened from adjacent structures, walkways, and roads with hedges, dense planting, earth berms,' changes in grade, or walls. This screening shall be located on a'well maintained green belt of at least 20 feet width. PERMITTED USES The permitted uses in a Planned Development Project are as follows: (1) Single family detached residence, two-family and multiple family dwelling units (including townhouses, row houses, atrium houses, patio houses, garden apartments, condominiums, and highrises. (2) Public and semi-public parks and playgrounds landscaped areas and greenbelts. (3) Recreation and amusement establishments, providing that all business shall be conducted entirely- within fully enclosed buildings. (4) Clubs and lodges, golf courses, tennis courts, and club houses. (5) Docks and marinas. (6) Those commercial and miscellaneous non-residential uses Section 29 130, considered as.necessary to serve the occupants of the PDP. -- `s. These include: (a) Retail _outlets for the -sale of food, wearing apparel, sundries, and notions, drugs, hardware, garden supplies, toys and similar products. (b) Florists, • gift and jewelry shops, and pet and hobby supply outlets. (c) Personal service establishments, such as barber shops, =beauty parlors,- shoe -=repair -:and.. -shoe. :shine shops;:. _. ....- restaurants, self -service -laundries, tailor and dress- making shops, watch and jewelry repair, and laundry or dry cleaning pick-up stations. "!:.(d) -__-Miscellaneous non-resiaent al= uses��:such: a.S., medical_ or �_ dental offices, churches, and nurseries or child care centers. (e) Accessory uses and structures incidental to a -permitted' use including a cocktail. loung_ein _r_omxle_ct olz_restaurant- (7) Other uses of.a. nature similar to those listed, after deter- mination and recommendation by the County at the time of s. rezoning that such use or uses is appropriate to the.PDP, including schools, utility.installations, and other public facilities. (8) Mobile home parks and mobile home subdivisions. (AMENDED 4/27/76 RESOLUTION NO. 76-38) ADMINISTRATIVE PROCEDURES I. Pre -Application Conference (A) Purpose: A pre -application -conference with the County staff will be held. This conference provides the developerg with an opportunity to gather information and obtain uidance as to general conformity of the project with the area into which it is proposed to locate the.Planned Development Project and the provisions of this Resolution before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. (B) Points: During a pre -application conference particular attention should be given to: (1) The present uses and character of the area; (2) The road and street system, especially: (a) interior neighborhood -through routes,. Section 29 131. (b) designated collector and arterial streets, both existing and proposed; and, (c) the rights-of-way widths for all roads and streets. (3) Public and private open area and parks and trails. f(4) Public utilities and services or their counterpart: (a) , water (b) sewer (c) fire protection (d) surface drainage (e) school facilities, etc. (5) Type structures to be built. (6) Proposed uses to be developed. (7) Discussion of the developer's market analysis in support of proposed PDP commercial and miscelli..neous non-residential facilities. Preliminary Development Plan: The developer shall make appli- cation for approval of a Planned Development Project to the Build- ing and Zoning Department, including payment of required appli- cation fee. The application shall be filed on the basis of a Preliminary Plan as contained in this section. (A) Purpose: The purpose of a Preliminary Plan is to provide an opportunity for a plan to be submitted to the County showing the intent of the developer and the nature of"devel- opment with as little expense as possible. This Preliminary Plan will serve as the basis for the first public hearing to be held in the early stages of the proposal. (B) Maps and Written Documents: The Preliminary Plan shall include generalized maps and the written statement setting forth the details of the proposed development. It must show enough of the area surrounding the proposed development to demonstrate the relationship of the Planned Development Project to the adjoining uses; both existing and those proposed by the developer. (1) The maps shall contain the following information and as appropriate, the facilities are to be indentified as to whether they are to be public or private:. 1 Section 29 132. (a) The existing site conditions including contours . at one foot intervals, water courses, flood plains, unique natural features, soils, and forest cover. (b) Proposed lot lines and plot designs. (c) The location and floor area size of all existing and proposed buildings, structures, and other improvements including maximum heights, types of dwelling units, density per type, and non-residential structures, including commercial facilities. (d) The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi- public uses. (e) The existing and proposed circulation system of arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points of access to public rights of way (including major points of ingress and egress to the development). Notations of proposed owner- ship -- public or private -- should be included where appropriate. (f) For PDP's'with 100 or more dwelling units, the amount and circulation patterns of traffic expected to be generated by the PDP shall be analyzed by a professional person or firm with recognized exper- ience and expertise in the field of*traffic planning/ engineering or transportation planning to determine the impact on surrounding streets, adequacy of access, scope of needed improvements. (g) The existing and proposed pedestrian ciculation system, including its inter -relationships with the vehicular circulation system, indicating.proposed treatments of points of conflict. (h) The existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines. (i) A general landscape and drainage plan indicating the treatment of materials used for private and common open spaces. (j) Enough information on land areas adjacent to -'the proposed PDP to indicate the relationships between the proposed development and existing and proposed Section 29 (D) 134. sioners for a second hearing on the Preliminary Plan. Preliminary Plan Approval: (1) •If, after a public hearing, the Planned Development Project is recommended for approval by the Planning and Zoning Commission then a resolution shall be passed stating that they will recommend the specified area as a PDP, provided that the County Commission approves the Preliminary Plan. (2) In the event the County Commission has conditioned its approval in the granting of the plan requiring modifications to the plan, then such Preliminary Plan approval shall not be effective until the developer has filed, with the County Commission or designated agency, written mnsent to the plan as modified. (3) If a Detailed Plan dovering the area in the Preliminary Plan has not been filed within six (6) months from the date granting Preliminary Plan approval, the approval shall expire. The County at its discretion, may extend for additional periods not in excess of six months each, the filing of the Detailed Plan when, for good cause, such extension is necessary. III. Detailed Plan (A) Purpose: The purpose of the Detailed Plan is to provide a specific and particular plan upon which the County Commission will take its final action. When seeking approval of a Planned Development Project, the Detailed Plan shall be filed as the second :-step. plan when a Preliminary Plan has been approved. The Detailed Plan may be submitted in stages or in its entirety, within six (6) months following approval of the Preliminary Plan, unless an extension has been granted. (B) Maps and Written Statement: The Detailed Plan must include the following information in addition to that required on the Preliminary Plan and Written Statement: (1) A map showing: (a) street location and nature of improvement; (b) lot lines and lot designs; (c) the landscaping and tree planting plan; and (d) surface drainage system. Section 29 135. (2) Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and semi-public uses. (3) A plot plan for each building site, except single-family lots and the common open area, showing the location of all buildings, structures, and improvements and indi- cating.the open spaces around buildings and structures. (4) Elevation and perspective drawings of all typical pro - .posed structures and improvements except single- family residences and their accessory buildings. The drawings need not be the result of final architectural decisions and need not be in construction detail. (5) A development schedule•indicating: (a) the approximate date when construction of the project can be expected to begin; (b) the stages in which the project will be built and the approximate date when construction of each stage can be expected to_begin; (c) the approximate dates when the development of each of the stages in the development will be completed; ,. and, (d) the area and location of common open space that will be provided at each stage. (6) Agreements, provisions, declarations or covenants which govern the use, maintenance and continued protection of the Planned Development Project and any of its common open areas. (7) The following plans and diagrams will be provided when the County Staff finds that the Planned Development Project creates special problems of traffic'or parking; (a) an off-street parking and loading area plan; (b) circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the Planned Development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate i i. Section 29 13 7. months of the date of the granting of Detailed Plan approval and shall contain, in final form, the information required. for the Detailed Plan. In addition, the following will apply: (1) If parcels of land are to be sold, then a subdivision plat in the form prescribed by the County Commission shall be filed for approval in the appropriate manner. (2) If land within the Planned Development Project is not to be sold in individual parcels, then a site plan shall be prepared and. filed with the local planning agency which is suitable for inclusion in the deed records of the County, and a permanent reproducible transparency of the Final Plan will be filed with the local planning agency, which transparency will be placed on file with -the County Engineer. (3) Condominium plats do not need to be filed with, or approved by the local planning agency. They are to be recorded as distinct and separate acts from the docu- ments in Paragraph 1 and Paragraph 2 above. (C) Final Plan Approval: The County Commission shall review the Final Plan and shall approve the Plan if it is in substantial conformance with the Detailed Plan. (1) The County Commission may require, as a condition to the granting of approval, the submission of satisfactory. evidence that the improvements will be placed. (2) The County Commission shall not approve the Final Development Plan or any stage of the Planned Development Project if the average 'of the allowable dwelling units per acre, up to and including the stage which is to be approved, exceeds by more than ten (10) percent the average number of dwelling units per acre which is allowable for the entire Planned Development Project. (3) Upon final.approval and after all conditions have been met, the County Commission shall approve the filing of the Final Development Plan in the Office of the County Zoning Director when no parcels are to be sold. In the instance when parcels are to be sold, the developer will process and have recorded the subdivision plat in the manner designated for the County. AMEND RES.#77-102, adopted 9/6/77. Section 29 ----- _ _ 13 8 . V. Substantial Conformance The determination of substantial conformance between the Detailed ` Plan and the Final Plan shall be at the discretion of the County Commission. Variation in conformance is intended solely to �. facilitate the minor adjustments which may be necessary as the plans approach a final construction stage. The County Commission may refuse to grant approval of substantial conformance if, in their opinion, the adjustments are being used to significantly modify the approved plan. Minor adjustments shall not result in .any of the following: (A) A change in the use or character of the development; (B) An increase in overall coverage of structures; (C)• An increase in the intensity of use: (D) An increase in the problems of traffic circulation and public utilities; (E) A reduction in approved open space; (F) A reduction of off-street parking and loading space; and, (G) A reduction in required pavement width. VI Final Plan Approval - Time Limit and Change of Ownership Construction shall proceed in accordance with the development schedule approved, if construction is not started or is not completed within twelve (12) months of dates specified therein, Final Plan approval shall terminate. Extensions may be granted by the Board of County Commissioners at its discretion. If, at any time during the valid period of final plan approval, majority development ownership (51% or more) changes, final approval shall automatically be terminated. Upon termination of Final Plan approval, the zoning classification shall remain PDP, but no construction shall be permitted prior to County Commission approval of a new Final Plan. SCHEDULE OF DISTRICT REGULATIONS AMENDED RESOLUTION NO. 74-106 8/27/74 "R -4D District - Multiple Dwellings Same as R -4A District except maximum density of fourteen (14) dwelling units per acre as provided in Subsection 21 of Section 7. Section 29