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Home My WebLink About18-013ORDINANCE NO. 18-013 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 8.02.02, PARTICULAR TEMPORARY USES PERMITTED, BY AMENDING REQUIREMENTS OF PARAGRAPH (J) AUTHORIZING SPECIAL VEHICLE, RECREATIONAL VEHICLES, MOTORCYCLES AND BOAT SALES EVENTS ON SITES NOT APPROVED FOR SUCH IN THE CG, IL AND IH ZONING DISTRICTS; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. Offsite temporary vehicle and boat sales use an extraordinary amount of parking spaces as a space is required for the item being sold, customer parking, and for trade-in items; and, 3. The Commissioners have received complaints in regards to offsite vehicle and boat sales raising public safety concerns; and, 4. To protect the health, safety and welfare of the citizens of the County, an amendment is needed to assure orderly use of property and safety of motor vehicles, bicycles, pedestrians and the vendors at temporary special vehicle and boat sale events. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER VIII ACCESSORY AND TEMPORARY STRUCTURES AND USES 8.02.00 TEMPORARY USES AND STRUCTURES JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4511743 12/17/2018 10:04:54 AM OR BOOK 4213 PAGE 2300 - 2305 Doc Type: ORDN RECORDING: $52.50 8.02.02 PARTICULAR TEMPORARY USES PERMITTED Permitted temporary uses include: Paragraphs A through I -- No change 1 StFuek threag4 passages are deleted. Underlined passages are added. Special vehicle, recreational vehicles, motorcycles and boat sales events on sites not approved for the permanent display of or for vehicle and boat sales may be approved by the Planning and Development Services Director or his or her designee CommuRity Develepment Director if the following requirements and standards are met: 1. Said events shall be conducted on property having a CG, IL or IH zoning designation .-(Df events, such as the fa' Rds site. 2. Said events shall be conducted on property having existing, permanent, and permitted driveways and access points. No new driveways (road cuts) are permitted in conjunction with sales events. 3. The event shall have a duration of three 3 feu (4) or fewer consecutive days. The three (3) days includes set up and break down of the event and shall be conducted by one or more dealers having a valid St. Lucie County business tax eccupatienal license. No more than two (2) sales events shall be conducted on the same property during any calendar year. 4. Said events shall be conducted on property having adequate area for vehicle and vessel display, employee and customer parking; Vehicle display areas may be unpave4- hewever- f. All display, employee and customer parking areas must be paved. Vehicles and vessels offered for sale must be displayed only in areas identified as display areas on the scaled drawing submitted as part of the temporary use permit application. Employee and customer parking must be provided at a rate of one space per one thousand (1,000) square feet of vehicle display area. The site must have parking in excess of the required parking for the host site. 5. The event shall not use more than fifteen percent (15 %) of the excess parking for the site for the display of vessels and/or vehicles trade-in vehicles and employee and customer parking For example: If site X is required to provide 250 paved parking spaces and has 350 paved parking spaces there are 100 excess parking spaces. Fifteen percent (or 15 spaces) of the 100 excess parking may be utilized for the temporary sales event. No other parking spaces may be used for any purpose related to the temporary sales event. 6. Said events may be conducted on sites approved for other uses (such as banks, shopping centers) provided that the following conditions are met: (a) No parking spaces designated as being required on the approved site plan for the host site may be used as display area, trade-in parking or customer/employee parking for the special vehicle sales event. unless the fellewing criteriasatis4e,4 2 -Stfeiewk t#reugh passages are deleted. Underlined passages are added. (b) No activity, temporary tent, mechanical device, temporary sanitary facility associated with the event shall be closer than five hundred (500) feet from any residentially zoned plot, nor closer than two hundred (200) feet from a public or private street line, and not less than three hundred (300) feet from any privately owned property in agricultural and rural districts. 7. No extension of a temporary use permit for special vehicle and/or vessels sales events may be granted. 8. All signs to be used in conjunction with the event must conform to the requirements of Section 9.01.02(c) of the St. Lucie County Land Development Code. A sign permit(s), if required, must be obtained prior to issuance of any temporary use permit for a sales event. 9. Sanitary facilities shall be provided in accordance with applicable environmental health regulations. Prior to issuance of any temporary use permit for a sales event, the applicant must obtain written approval from the St. Lucie County Public Health Unit for all proposed sanitary facilities. All sanitary facilities shall be removed immediately at the end of the special sales event. 10. Prior to the issuance of any temporary use permit for a sales event, the applicant must obtain written approval from the Planning and Development Services Director for use of any temporary facilities (such as a tent). Use of any facilities required to be inspected and approved by St. Lucie County er the Lucie County/Ft. P+eFee Fire Department shall be inspected by theapprepriat-e departmeRt prior to operation of the facility. 11. Concessions may only be permitted as an accessory use to the sales event. If concessions are proposed, the applicant for the sales event must obtain written approval from the appropriate agencies St. Lucie County Public Health Unit for the proposed concession facilities, prior to the issuance of any temporary use permit for the sales event. 12. Special Vehicle and Vessel Sales Event applications must meet all submittal requirements for a temporary use permit application. In addition, special vehicle sales event applications must include the following: 3 StFuck theug-h passages are deleted. Underlined passages are added. (a) A scaled drawing showing: 1. The dimensions of the property parcel upon which the event is to be held. 2. The dimensions of the sales event area. 3. Location and dimension of all display areas, employee and customer parking areas, and driving aisles to be utilized. 4. All adjacent roadways and driveways of the property parcel site. 5. All signs to be used in conjunction with the sales event and the size and type of sign(s) used. A permit is required for all temporary flags, banners and pennants. 6. Existing zoning of the subject property, surrounding properties and applicable setbacks. 7. The scaled drawing shall identify the following uses and the required setbacks• all activity, temporary tent mechanical device temporary sanitary facility associated with the event must be setback at least five hundred (500) feet from any residentially zoned plot, two hundred (2001 feet from a public or private street line and three hundred (300) feet from any privately owned property in agricultural and rural districts. (b) Information identifying: 1. Beginning and ending dates of the event. 2. Hours of operation of the event. 3. Total AppFoximate-number of vehicles and/or vessels displayed at any one time on the event site. A. The calculation shall be provided that demonstrates the event does not use more than fifteen percent (15 %) of the excess parking for the site for the display of vehicles and/or vessels trade-in vehicles, employee and customer parking temporary tent(s), waste receptacles concessions and temporary sanitary facilities. B. The event shall provide handicap parking spaces with temporary signage in accordance with the American Disability Act and identify these parking spaces on the plan. 4. Any temporary facilities, including sanitary, display (such as tents), waste receptacles and concessions. These facilities may require approvals from other departments and agencies. 4 Ek thFOvg i passages are deleted. Underlined passages are added. How parking and traffic flow will be properly directed onto, af�d within, and exiting the event site. If existing parking spaces of a permanent use (such as shopping plaza) are to be utilized by patrons and employees of the sales event, parking calculations for the site shall be submitted demonstrating that the sales event will not utilize any required parking spaces necessary, in accordance with the parking standards specified in this code, to service the existing uses. A. The following shall be provided: (1) The site's total number of parking spaces. (2) The total number of parking spaces required for the existing, permitted uses in accordance with the parking standards specified in this code. (3) The number of excess (not required) parking spaces multiplied by 15%. 13. The applicant shall provide a written notarized authorization from the property owner stating the proposed temporary use is authorized at the location to include dates, hours of operation and the available excess space parking numbers. 14. The Planning and Development Services Director may suspend consideration of any application for a special sales event during the pendency of a code compliance proceeding involving all or a portion of the parcel proposed. When a dealer or property has been issued a notice of violation or citation regarding noncompliance of a special sales event and has been found in noncompliance, an application for special sales event to be held for all or a part of the same property shall not be considered for a period of two (2) years after the date of violation. 15. There shall be no overnight camping on the site during the special sales event. 16. The special sales event shall provide waste receptacles and are not permitted to use the host property's sanitation facilities. ***************************************** PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any 5 w�, thrA,passages are deleted. Underlined passages are added. provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Linda Bartz, Chair AYE Commissioner Cathy Townsend, Vice Chair ABSENT Commissioner Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Frannie Hutchinson AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 41h day of December, 2018. ATTEST: Deputy r BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND COF BY: 11 StFuck passages are deleted. Underlined passages are added. by."by."M Big V w galag , RICK SCOTT Governor December 12, 2018 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Brittany Jones Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 18-013 which was filed in this office on December 12, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us