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HomeMy WebLinkAboutSupplement No. 20: 10-20211 41) SUPPLEMENT NO.20 October 2021 LAND DEVELOPMENT CODE County of ST.LUCIE,FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No.21-030,adopted September 7,2021. See the Code Comparative Table—Ordinances for further information. Remove Old Pages Insert New Pages xiii—xvi xiii—xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:1,SH:2 SH:1, SH:2 2:57-2:60 2:57-2:60 4:18.3-4:22 4:19-4:22.2 1111 6:33-6:40 6:33-6:40.1 7:13-7:20 7:13-7:17 7:31-7:34 7:31-7:34 7:65-7:76 7:65-7:77 7:105-7:106.1 7:105-7:106.1 7:117,7:118 7:117,7:118 7:121,7:122 7:121,7:122 7:130.1-7:134 7:131-7:134.2 7:145,7:146 7:145,7:146 7:149-7:152 7:149-7:152.1 7:165-7:168 7:165-7:168 7:178.9, 7:178.10 7:178.9,7:178.10 11:1, 11:2 11:1, 11:2 11:11-11:24 11:11-11:24.1 11:41-11:48 11:41-11:46 11:79-11:80.1 11:79-11:80.1 11:87, 11:88 11:87, 11:88 11:117-11:126 11:117-11:126.1 12:3-12:8 12:3-12:8 13:1, 13:2 13:1, 13:2 13:25-13:28 13:25-13:28 CCT:5 CCT:5 45 LDCi:15,LDCi:16 LDCi:15,LDCi:16 LDCi:29,LDCi:30 LDCi:29—LDCi:30.1 INSTRUCTION SHEET—Cont'd. Remove Old Pages Insert New Pages LDCi:51—LDCi:56 LDCi:51—LDCi:54 LDCi:75,LDCi:76 LDCi:75,LDCi:76 LDCi:79,LDCi:80 LDCi:79,LDCi:80 LDCi:127,LDCi:128 LDCi:127, LDCi:128 LDCi:135,LDCi:136 LDCi:135,LDCi:136 LDCi:165,LDCi:166 LDCi:165—LDCi:166.1 LDCi:169,LDCi:170 LDCi:169—LDCi:170.1 LDCi:201—LDCi:204 LDCi:201—LDCi:204 LDCi:217,LDCi:218 LDCi:217,LDCi:218 LDCi:243,LDCi:244 LDCi:243,LDCi:244 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. M unicode Municipal Code Corporation P.O.Box 2235 Tallahassee,FL 32316 info@municode.com 800.262.2633 www.municode.com TABLE OF CONTENTS Page Current Officials iii Officials of the County at the Time of this Codification v Preface vii Adopting Ordinance ix Checklist of Up-to-Date Pages l 11 Supplement History Table SH:1 Chapter I. General Provisions 1:1 1.00.00. Title 1:3 1.01.00. Authority 1:3 1.02.00. Purpose and Intent 1:3 1.03.00. Applicability 1:4 1.04.00. Findings 1:4 1.05.00. Incorporation by Reference 1:5 1.06.00. Rules of Interpretation 1:5 1.07.00. Repeal of Prior Provisions 1:7 1.08.00. Effective Date; Enactment 1:7 1.09.00. Severability 1:8 1.10.00. Minimum Requirements 1:8 II. Definitions 2:1 2.00.00. Definitions 2:3 III. Zoning Districts 3:1 3.00.00. Zoning Districts 3:3 3.01.00. Zoning District Use Regulations 3:3 IV. Special Districts 4:1 4.00.00. Airport Overlay Zones 4:3 4.01.00. Hutchinson Island—Building Height Overlay Zone 4:5 4.02.00. River Park—Community Overlay Zone 4:13 4.03.00. Research and Education Park—Overlay Zone 4:18.2 4.04.00. TVC—Overlay Zone (Towns, Villages, Countryside) 4:22.1 4.05.00. St. Lucie County Rural Land Stewardship Area Overlay Zone 4:49 4.06.00-4.10.00. Reserved 4:106 4.11.00. Historic Preservation 4:106 4.12.00. Jenkins Road Area Plan Special District 4:109 111 V. Adequate Public Facilities 5:1 5.00.00. Adequate Public Facilities 5:3 St. Lucie County Land Development Code Supp. No. 20 %iii Adopted May 19,2009 TABLE OF CONTENTS—Cont'd. Chapter Page 5.01.00. Definitions 5:5 5.02.00. Procedure 5:10 5.03.00. Development Not Subject to the Requirements of Chapter V, Adequate Public Facilities 5:11 5.04.00. Change of Use 5:16 5.05.00. Demolition or Termination of Existing Land Use 5:17 5.06.00. Level of Service Standards 5:17 5.07.00. Proportionate Fair Share Transportation Impact Mitigation 5:25 5.08.00. Review of Development Orders 5:36 5.09.00. Variances 5:42 5.10.00. Capacity Information Letters 5:43 5.11.00. Fees 5:44 5.12.00. Conflict with Other Regulations 5:45 VI. Resource Protection Standards 6:1 6.00.00. Vegetation Protection and Preservation 6:3 6.01.00. Mangrove Protection 6:14 6.02.00. Environmentally Sensitive Lands 6:15 6.03.00. Wellfield Protection 6:30 6.04.00. Habitat of Endangered or Threatened Species 6:37 6.05.00. Floodplain Management 6:51 6.06.00. Mining 6:60.13 VII. Development Design and Improvement Standards 7:1 7.00.00. General Provisions 7:5 7.01.00. Planned Unit Development 7:5 7.02.00. Planned Non-Residential Development 7:12 7.03.00. Planned Mixed Use Development 7:21 7.04.00. Area, Yard, Height, and Open Space Require- ments 7:33 7.05.00. Transportation Systems 7:45 7.06.00. Off-Street Parking and Loading 7:65 7.07.00. Stormwater Management 7:82 7.08.00. Utilities 7:86.1 7.09.00. Landscaping and Screening 7:91 7.10.00. Supplemental Standards 7:121 VIII. Accessory and Temporary Structures and Uses 8:1 8.00.00. Accessory Uses and Structures 8:3 8.01.00. Home Occupations 8:7 8.02.00. Temporary Uses and Structures 8:8 IX. Signs 9:1 9.00.00. Purpose 9:3 9.01.00. Permitted Permanent and Authorized Temporary Signs 9:3 9.02.00. General Provisions 9:19 9.03.00. Prohibited Signs 9:23 9.04.00. Permitting and Exemptions 9:26.1 St. Lucie County Land Development Code Supp. No. 20 xiv Adopted May 19,2009 TABLE OF CONTENTS—Cont'd. Chapter Page 9.05.00. Nonconforming Signs 9:28 X. Hardship Relief 10:1 10.00.00. Nonconformities 10:3 10.01.00. Variances 10:5 10.02.00. Transferable Development Rights—(Reserved) 10:20.1 10.03.00. Eminent Domain Waiver 10:20.1 XI. Administration and Enforcement 11:1 11.00.00. General Provisions; Public Notice Require- ments 11:5 11.01.00. Authorization by a Development Permit Required Prior to Undertaking Any Develop- ment Activity 11:10 11.02.00. Procedure for Review of Site Plans 11:12 11.03.00. Procedure for Platting 11:45 11.04.00. Guarantees and Sureties 11:59 11.05.00. Procedure for Obtaining Development Permits 11:64 11.06.00. Amendments to the Code and Official Zoning Atlas 11:88 11.07.00. Conditional Uses 11:92 11.08.00. Development Agreements 11:99 11.09.00. Vested Rights 11:105 11.10.00. Right-of-Way Abandonment and Plat Vaca- tion Procedures 11:112 11.11.00. Appeals 11:118 11.12.00. Fees 11:120 11.13.00. Enforcement of Code Provisions 11:120 11.14.00. Land Use and Environmental Dispute Resolu- tion - Special Master Review Process 11:126 XII. Decision Making and Administrative Bodies 12:1 12.00.00. Board of County Commissioners 12:3 12.01.00. Environmental Control Board;Environmental Officer;Environmental Control Hearing Board 12:3 12.02.00. Planning and Zoning Commission 12:4 12.03.00. Local Planning Agency 12:7 12.04.00. Board of Adjustment 12:8 12.05.00. Office of the County Administrator 12:11 12.06.00. Office of the Planning and Development Services Director 12:11 12.07.00. Office of the Public Works Director 12:13 12.08.00. Office of the County Engineer 12:13 12.09.00. Development Review Committee 12:13 XIII. Building Regulations and Public Works Construction Manual 13:1 13.00.00. Building Code 13:3 13.01.00-13.07.00. (Reserved) 13:25 13.08.00. Minimum Housing Standards 13:25 13.09.00. Exterior Property Maintenance Code 13:26 St. Lucie County Land Development Code Supp. No. 20 xv Adopted May 19,2009 TABLE OF CONTENTS—Cont'd. Chapter Page 13.10.00-13.18.00. (Reserved) 13:28 13.20.00. (Reserved) 13:28 Table of Amendments TOA:1 Code Comparative Table—Ordinances CCT:1 Code Index CDi:1 3 j , St. Lucie County Land Development Code Supp. No. 20 xvi Adopted May 19,2009 • Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service,this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp.No. Page No. Supp.No. • Title page 14 2:15,2:16 16 iii 17 2:17,2:18 16 v OC 2:19,2:20 16 vii,viii OC 2:21,2:22 16 ix,x 00 2:23,2:24 16 xi,xii OC 2:25,2:26 19 xiii,xiv 20 2:27,2:28 19 xv,xvi 20 2:29,2:30 19 SH:1,SH:2 20 2:31,2:32 19 1:1 OC 2:32.1 19 1:3, 1:4 OC 2:33,2:34 16 1:5, 1:6 OC 2:35,2:36 16 1:7, 1:8 OC 2:37,2:38 19 2:1 OC 2:38.1 19 2:3,2:4 16 2:39,2:40 16 2:5,2:6 16 2:41,2:42 16 2:7,2:8 16 2:43,2:44 16 2:9,2:10 18 2:45,2:46 19 2:10.1 18 2:46.1 19 2:11,2:12 16 2:47,2:48 16 2:13,2:14 16 2:49,2:50 16 [1] ItSupp.No.20,Rev. 0 ST.LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp.No. Page No. Supp.No. 2:51,2:52 19 3:57,3:58 OC 2:53,2:54 16 3:59,3:60 OC 2:55,2:56 16 3:61,3:62 5 2:57,2:58 20 3:63,3:64 OC 2:59,2:60 20 3:65,3:66 OC 3:1 OC 3:67,3:68 OC 3:3,3:4 5 3:69,3:70 OC 3:4.1,3:4.2 5 3:71,3:72 OC 3:5,3:6 18 3:73,3:74 19 3:7,3:8 18 3:74.1 19 3:9,3:10 18 3:75,3:76 5 3:11,3:12 18 3:77,3:78 5 3:12.1 18 3:79,3:80 5 3:13,3:14 3 3:81,3:82 5 3:15,3:16 3 3:83,3:84 5 3:17,3:18 3 3:84.1 5 3:19,3:20 3 3:85,3:86 OC 3:21,3:22 16 3:87,3:88 OC 3:23,3:24 18 3:89,3:90 OC 0 3:24.1 18 3:91,3:92 OC 3:25,3:26 12 3:93,3:94 OC 3:27,3:28 16 3:95,3:96 3 3:29,3:30 3 3:97,3:98 2 3:31,3:32 18 3:99,3:100 2 3:33,3:34 18 3:101,3:102 OC 3:35,3:36 18 3:103,3:104 OC 3:37,3:38 18 3:105,3:106 19 3:38.1 18 3:106.1 5 3:39,3:40 3 3:107,3:108 2 3:41,3:42 3 3:109,3:110 19 3:43,3:44 3 3:110.1 19 3:45,3:46 3 3:111,3:112 OC 3:47,3:48 3 3:113,3:114 2 3:48.1 3 3:115,3:116 5 3:49,3:50 2 3:117,3:118 2 3:51,3:52 2 3:119,3:120 5 3:53,3:54 OC 3:121,3:122 5 3:55,3:56 OC 3:123,3:124 5 [2] Supp.No.20,Rev. 0 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 3:125,3:126 5 4:57,4:58 OC 3:127,3:128 5 4:59,4:60 OC 3:129,3:130 5 4:61,4:62 OC 3:131,3:132 5 4:63,4:64 OC 3:133,3:134 12 4:65,4:66 OC 3:135,3:136 12 4:67,4:68 OC 3:137 19 4:69,4:70 OC 4:1,4:2 16 4:71,4:72 OC 4:3,4:4 OC 4:73,4:74 OC 4:5,4:6 OC 4:75,4:76 OC 4:7,4:8 OC 4:77,4:78 OC 4:9,4:10 OC 4:79,4:80 OC 4:11,4:12 OC 4:81,4:82 OC 4:13,4:14 16 4:83,4:84 OC 4:15,4:16 16 4:85,4:86 OC 4:17,4:18 16 4:87,4:88 OC 4:18.1,4:18.2 16 4:89,4:90 OC 4:19,4:20 20 4:91,4:92 OC 1 0 4:21,4:22 20,Rev. 4:93,4:94 OC 4:22.1,4:22.2 20 4:95,4:96 OC 4:23,4:24 5 4:97,4:98 OC 4:25,4:26 5 4:99,4:100 OC 4:27,4:28 2 4:101,4:102 OC 4:29,4:30 19 4:103,4:104 OC 4:30.1 19 4:105,4:106 2 4:31,4:32 2 4:107,4:108 2 4:33,4:34 2 4:108.1,4:108.2 2 4:35,4:36 2 4:108.3,4:108.4 2 4:37,4:38 2 4:108.5,4:108.6 • 2 4:39,4:40 2 4:108.7,4:108.8 2 4:41,4:42 2 4:108.9,4:108.10 2 4:43,4:44 2 4:108.11,4:108.12 2 4:45,4:46 2 4:108.13,4:108.14 2 4:47,4:48 2 4:108.15,4:108.16 2 4:49 2 4:108.17,4:108.18 2 4:51,4:52 OC 4:108.19,4:108.20 2 4:53,4:54 OC 4:108.21,4:108.22 2 4:55,4:56 OC 4:108.23,4:108.24 2 [3] 0 Supp.No.20,Rev. 0 ST.LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp.No. Page No. Supp.No. 4:108.25,4:108.26 2 6:17,6:18 OC 4:108.27,4:108.28 2 6:19,6:20 OC 4:109,4:110 12 6:21,6:22 11 4:111,4:112 12 6:23,6:24 11 4:113,4:114 12 6:24.1,6:24.2 11 4:115 12 6:24.3 11 5:1,5:2 OC 6:25,6:26 OC 5:3,5:4 OC 6:27,6:28 OC 5:5,5:6 OC 6:29,6:30 OC 5:7,5:8 OC 6:31,6:32 OC 5:9,5:10 OC 6:33,6:34 20 5:11,5:12 OC 6:35,6:36 20 5:13,5:14 OC 6:37,6:38 20 5:15,5:16 OC 6:39,6:40 20 5:17,5:18 OC 6:40.1 20 5:19,5:20 OC 6:41,6:42 OC 5:21,5:22 OC 6:43,6:44 OC 5:23,5:24 OC 6:45,6:46 OC 5:25,5:26 OC 6:47,6:48 OC 0 5:27,5:28 OC 6:49,6:50 OC 5:29,5:30 OC 6:51,6:52 16 5:31,5:32 OC 6:53,6:54 18 5:33,5:34 OC 6:55,6:56 16 5:35,5:36 OC 6:57,6:58 16 5:37,5:38 OC 6:59,6:60 16 5:39,5:40 OC 6:60.1,6:60.2 16 5:41,5:42 OC 6:60.3,6:60.4 16 5:43,5:44 OC 6:60.5,6:60.6 16 5:45 OC 6:60.7,6:60.8 16 6:1,6:2 16 6:60.9,6:60.10 16 6:3,6:4 OC 6:60.11,6:60.12 16 6:5,6:6 OC 6:60.13 16 6:7,6:8 OC 6:61,6:62 OC 6:9,6:10 5 6:63,6:64 OC 6:11,6:12 5 6:65 OC 6:13,6:14 5 7:1,7:2 15 6:14.1 5 7:3 18 6:15,6:16 OC 7:5,7:6 8 [4] Supp.No.20,Rev. 0 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 7:7,7:8 8 7:77 20 7:9,7:10 8 7:83,7:84 11 7:11,7:12 8 7:85,7:86 11 7:13,7:14 20,Rev. 7:86.1 11 7:15,7:16 20 7:87,7:88 OC 7:17 20 7:89,7:90 OC 7:21,7:22 12 7:91,7:92 1 7:23,7:24 12 7:92.1 1 7:25,7:26 OC 7:93,7:94 OC 7:27,7:28 OC 7:95,7:96 OC 7:29,7:30 30,Rev. 7:97,7:98 OC 7:31,7:32 20 7:99,7:100 1 7:33,7:34 20 7:101,7:102 1 7:35,7:36 12 7:103,7:104 5 7:37,7:38 18 7:105,7:106 20 7:39,7:40 18 7:106.1 20 7:40.1,7:40.2 18 7:107,7:108 OC 0 7:41,7:42 OC 7:109,7:110 OC 7:43,7:44 OC 7:111,7:112 OC 7:45,7:46 OC 7:113,7:114 OC 7:47,7:48 OC 7:115,7:116 OC 7:49,7:50 3 7:117,7:118 20 7:51,7:52 5 7:119,7:120 14 7:53 5 7:121,7:122 20 7:55,7:56 5 7:122.1,7:122.2 18 7:56.1,7:56.2 5 7:122.3,7:122.4 18 7:56.3,7:56.4 12 7:122.5,7:122.6 18 7:56.5 12 7:123,7:124 15 7:57,7:58 OC 7:125,7:126 16 7:59,7:60 OC 7:127,7:128 13 7:61,7:62 OC 7:129,7:130 13 7:63,7:64 OC 7:131,7:132 20 7:65,7:66 20 7:133,7:134 20 7:67,7:68 20 7:134.1,7:134.2 20 7:69,7:70 20 7:135,7:136 OC 7:71,7:72 20 7:137,7:138 OC 7:73,7:74 20 7:139,7:140 OC 7:75,7:76 20 7:141,7:142 OC [5] 0 Supp.No.20,Rev. 0 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp.No. Page No. Supp.No. 7:143,7:144 OC 7:205, 7:206 OC 7:145,7:146 20 7:207,7:208 16 7:147,7:148 5 7:209 16 7:149,7:150 20 7:231,7:232 5 7:151,7:152 20 7:233,7:234 7 7:152.1 20 7:235,7:236 8 7:153,7:154 18 7:237,7:238 12 7:154.1 18 7:239,7:240 16 7:155,7:156 16 7:241,7:242 16 7:157,7:158 16 7:243,7:244 16 7:159,7:160 16 7:245,7:246 16 7:161,7:162 16 7:247,7:248 16 7:163,7:164 16 7:249,7:250 16 7:165,7:166 20 7:251 19 7:167,7:168 20 8:1 OC 7:169,7:170 16 8:3,8:4 OC • 7:171,7:172 16 8:5,8:6 18 7:173,7:174 16 8:6.1 18 7:175,7:176 16 8:7,8:8 20 7:177,7:178 16 8:9,8:10 17 7:178.1,7:178.2 16 8:11,8:12 17 7:178.3,7:178.4 16 8:13,8:14 18 7:178.5,7:178.6 16 8:15 18 7:178.7,7:178.8 16 9:1 OC 7:178.9,7:178.10 20 9:3,9:4 19 7:179,7:180 3 9:5,9:6 19 7:181,7:182 14 9:7,9:8 19 7:183,7:184 14 9:9,9:10 19 7:185,7:186 14 9:11,9:12 19 7:187,7:188 14 9:13,9:14 19 7:189,7:190 14 9:15,9:16 19 7:191 14 9:16.1 19 7:193,7:194 OC 9:17,9:18 14 7:195,7:196 OC 9:19,9:20 14 7:197,7:198 14 9:21,9:22 14 7:199,7:200 OC 9:23,9:24 19 7:201,7:202 OC 9:25,9:26 19 7:203,7:204 OC 9:26.1 19 [6] Supp.No.20,Rev. 0 0 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 9:27,9:28 10 11:45, 11:46 20 9:29 10 11:49, 11:50 OC 10:1 9 11:51, 11:52 OC 10:3, 10:4 OC 11:53, 11:54 OC 10:5, 10:6 OC 11:55, 11:56 OC 10:7, 10:8 OC 11:57, 11:58 OC 10:9, 10:10 OC 11:59, 11:60 5 10:11, 10:12 OC 11:61, 11:62 5 10:13, 10:14 OC 11:63, 11:64 5 10:15, 10:16 5 11:65, 11:66 5 10:17, 10:18 5 11:67, 11:68 5 10:19, 10:20 11 11:69, 11:70 5 10:21, 10:22 13 11:70.1 5 10:23, 10:24 13 11:71, 11:72 OC 11:1, 11:2 20 11:73, 11:74 OC 11:3 OC 11:75, 11:76 11 11:5, 11:6 . 5 11:77, 11:78 11 11:7, 11:8 5 11:79, 11:80 20 0 11:9, 11:10 OC 11:80.1 20 11:11, 11:12 20,Rev. 11:81, 11:82 OC 11:13, 11:14 20 11:83, 11:84 . OC 11:15, 11:16 20 11:85, 11:86 2 11:17, 11:18 20 11:87, 11:88 20 11:19, 11:20 20 11:89, 11:90 OC 11:21, 11:22 20 11:91, 11:92 OC 11:23, 11:24 20,Rev. 11:93, 11:94 OC 11:24.1 20 11:95, 11:96 OC 11:25, 11:26 OC 11:97, 11:98 OC 11:27, 11:28 10 11:99, 11:100 OC 11:28.1 10 11:101, 11:102 OC 11:29, 11:30 OC 11:103, 11:104 OC 11:31, 11:32 OC 11:105, 11:106 12 11:33, 11:34 11 11:107, 11:108 12 11:35, 11:36 OC 11:109, 11:110 OC 11:37, 11:38 OC 11:111, 11:112 OC 11:39, 11:40 5 11:113, 11:114 OC 11:41, 11:42 20 11:115, 11:116 OC 11:43, 11:44 20 11:117, 11:118 20 [7] 0 Supp.No.20,Rev. 0 ST.LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp.No. Page No. Supp.No. 11:119, 11:120 20 LDCi:5,LDCi:6 16 11:121, 11:122 20 LDCi:7,LDCi:8 5 11:123, 11:124 20 LDCi:9,LDCi:10 12 11:125, 11:126 20 LDCi:11,LDCi:12 12 11:126.1 20 LDCi:13,LDCi:14 16 11:127, 11:128 OC LDCi:15,LDCi:16 20 11:129, 11:130 OC LDCi:17,LDCi:18 16 11:131, 11:132 OC LDCi:19,LDCi:20 16 11:133, 11:134 OC LDCi:21,LDCi:22 16 12:1, 12:2 4 LDCi:23,LDCi:24 16 12:3, 12:4 20 LDCi:25,LDCi:26 16 12:5, 12:6 20 LDCi:27,LDCi:28 16 12:7, 12:8 20 LDCi:29,LDCi:30 20 12:9, 12:10 OC LDCi:30.1 20 12:11, 12:12 5 LDCi:31,LDCi:32 16 12:13, 12:14 4 LDCi:33,LDCi:34 16 13:1, 13:2 20 LDCi:35,LDCi:36 16 13:3, 13:4 OC LDCi:37,LDCi:38 16 13:5, 13:6 OC LDCi:39,LDCi:40 16 13:7, 13:8 OC LDCi:41,LDCi:42 16 0 13:9, 13:10 OC LDCi:43,LDCi:44 16 13:11, 13:12 OC LDCi:45,LDCi:46 16 13:13, 13:14 OC LDCi:47,LDCi:48 16 13:15, 13:16 OC LDCi:49,LDCi:50 16 13:17, 13:18 OC LDCi:51,LDCi:52 20 13:19, 13:20 OC LDCi:53,LDCi:54 20 13:21, 13:22 OC LDCi:57,LDCi:58 10 13:23, 13:24 OC LDCi:59,LDCi:60 18 13:25, 13:26 20 LDCi:61,LDCi:62 18 13:27, 13:28 20 LDCi:63,LDCi:64 18 TOA:1,TOA:2 3 LDCi:65,LDCi:66 15 TOA:3 3 LDCi:67,LDCi:68 16 CCT:1,CCT:2 5 LDCi:69,LDCi:70 10 CCT:3,CCT:4 18 LDCi:71,LDCi:72 12 CCT:5 20 LDCi:73,LDCi:74 16 LDCi:1,LDCi:2 16 LDCi:75,LDCi:76 20 LDCi:3,LDCi:4 18 LDCi:77,LDCi:78 16 LDCi:4.1 18 LDCi:79,LDCi:80 20 [8] Supp.No.20,Rev. 0 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. LDCi:81,LDCi:82 16 LDCi:159,LDCi:160 16 LDCi:83,LDCi:84 16 LDCi:160.1 16 LDCi:85,LDCi:86 16 LDCi:161,LDCi:162 5 LDCi:87,LDCi:88 16 LDCi:163,LDCi:164 5 LDCi:89,LDCi:90 16 LDCi:165,LDCi:166 20 LDCi:91,LDCi:92 16 LDCi:166.1 20 LDCi:93,LDCi:94 16 LDCi:167,LDCi:168 16 LDCi:95,LDCi:96 16 LDCi:169,LDCi:170 20 LDCi:99,LDCi:100 OC LDCi:170.1 20 LDCi:101,LDCi:102 2 LDCi:171,LDCi:172 16 LDCi:103,LDCi:104 15 LDCi:173,LDCi:174 16 LDCi:105,LDCi:106 16 LDCi:175,LDCi:176 16 LDCi:107,LDCi:107 16 LDCi:177,LDCi:178 16 LDCi:109,LDCi:110 16 LDCi:179,LDCi:180 16 LDCi:111,LDCi:112 12 LDCi:181,LDCi:182 16 LDCi:113,LDCi:114 12 LDCi:183,LDCi:184 16 LDCi:115,LDCi:116 12 LDCi:185,LDCi:186 10 0 LDCi:117,LDCi:118 12 LDCi:187,LDCi:188 12 LDCi:119,LDCi:120 OC LDCi:189,LDCi:190 16 LDCi:121,LDCi:122 16 LDCi:191,LDCi:192 12 LDCi:123,LDCi:124 16 LDCi:193,LDCi:194 19 LDCi:125,LDCi:126 16 LDCi:195,LDCi:196 19 LDCi:127,LDCi:128 20 LDCi:196.1 19 LDCi:129,LDCi:130 16 LDCi:197,LDCi:198 16 LDCi:131,LDCi:132 16 LDCi:198.1 16 LDCi:133,LDCi:134 16 LDCi:199,LDCi:200 OC LDCi:135,LDCi:136 20 LDCi:201,LDCi:202 20 LDCi:137,LDCi:138 16 LDCi:203,LDCi:204 20 LDCi:139 16 LDCi:204.1 16 LDCi:141,LDCi:142 12 LDCi:205,LDCi:206 OC LDCi:143,LDCi:144 12 LDCi:207,LDCi:208 OC LDCi:145,LDCi:146 12 LDCi:209,LDCi:210 16 LDCi:147,LDCi:148 12 LDCi:211,LDCi:212 18 . LDCi:149,LDCi:150 16 LDCi:213,LDCi:214 16 LDCi:151,LDCi:152 16 LDCi:215,LDCi:216 16 LDCi:153,LDCi:154 16 LDCi:217,LDCi:218 20 LDCi:155,LDCi:156 16 LDCi:219,LDCi:220 16 LDCi:157,LDCi:158 16 LDCi:221,LDCi:222 16 [9] CI Supp.No.20,Rev. 0 ST.LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp. No. LDCi:223,LDCi:224 16 LDCi:225,LDCi:226 OC LDCi:227,LDCi:228 OC LDCi:229,LDCi:230 12 LDCi:231,LDCi:232 16 LDCi:233,LDCi:234 16 LDCi:235,LDCi:236 16 LDCi:237,LDCi:238 9 LDCi:239,LDCi:240 13 LDCi:241,LDCi:242 16 LDCi:243,LDCi:244 20 LDCi:245,LDCi:246 12 LDCi:247,LDCi:248 12 LDCi:249,LDCi:250 16 III [10] Supp.No.20,Rev. 0 0 SUPPLEMENT HISTORY TABLE The table below allows users of this Land Development Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Land Development Code Book and are considered"Includes."Ordinances that are not of a general and permanent nature are not codified in the Land Development Code Book and are considered "Omits." In addition,by adding to this table with each supplement,users of this Land Development Code will be able to gain a more complete picture of the Land Development Code's historical evolution. Date Include/ °' Ord. No. Adopted Omit Supp. No. ,. f,.04,,,.,E �.i 10-026 9- 7-2010 Include 3 10-034 11- 9-2010 Include 3 10-036 12-21-2010 Include 3 11-005 2- 1-2011 Include 3 11-015 4-19-2011 Include 3 11-021 8- 2-2011 Include 3 11-031 12-20-2011 Include 4 11-002 12- 6-2011 Include 5 11-012 8- 2-2011 Include 5 11-017 6-21-2011 Include 5 12-002 3-20-2012 Include 5 12-003 5-15-2012 Include 5 12-004 2- 7-2012 Include 5 12-008 3-20-2012 Include 5 12-009 4-17-2012 Include 5 12-010 2-14-2012 Include 5 12-014 10- 2-2012 Include 6 13-007 3- 5-2013 Include 7 13-016 4- 2-2013 Include 7 12-013 12- 4-2012 Include 8 13-037 8- 6-2013 Include 8 13-038 9- 3-2013 Include 9 2013-19 5-21-2013 Include 10 2013-39 12-17-2013 Include 10 2013-43 12-17-2013 Include 10 2013-44 12-17-2013 Include 10 14-019 9-16-2014 Include 11 (...., 14-021 9-16-2014 Include 11 14-026 1- 6-2015 Include 12 St. Lucie County Land Development Code Supp. No. 20 SH:1 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Date Include/ Ord. No. Adopted Omit Supp. No. 15-002 4- 7-2015 Include 12 15-010 9- 1-2015 Include 13 16-001 1- 5-2016 Include 13 16-004 3- 1-2016 Include 14 16-009 6- 7-2016 Include 14 16-012 7-26-2016 Include 14 16-006 6- 7-2016 Omit 15 2016-19 12-20-2016 Include 15 16-022 12-20-2016 Omit 15 2016-23 11- 1-2016 Include 15 17-002 3- 7-2017 Omit 15 2017-004 4-18-2017 Include 15 17-005 5-16-2017 Include 15 2017-018 8-15-2017 Omit 15 17-015 7- 5-2017 Include 16 17-023 12-19-2017 Include 16 18-001 1-23-2018 Include 16 2018-006 5-15-2018 Include 16 2018-09 6- 5-2018 Include 16 18-013 12- 4-2018 Include 17 2020-005 2- 4-2020 Include 18 20-007 8-18-2020 Include 18 ..rrJ 2020-8 3- 3-2020 Include 18 2020-14 6- 2-2020 Include 18 2020-22 8- 4-2020 Include 18 2020-23 8- 4-2020 Include 18 2020-026 10- 6-2020 Include 18 2020-28 10-20-2020 Include 19 2020-29 12- 1-2020 Include 19 2021-009 4- 6-2021 Include 20 2020-12 6- 2-2020 Include 20 2021-012 4-20-2021 Include 20 2021-14 6- 1-2021 Include 20 2021-18 7- 6-2021 Include 20 21-030 9- 7-2021 Include 20 j St. Lucie County Land Development Code Supp. No. 20 SH:2 Adopted May 19,2009 DEFINITIONS 2.00.00 Vegetation, Protected: All vegetation other than: (1) Prohibited plant species;or (2) Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit including, but not limited to, mangoes, avocados, or species of citrus; or (3) Trees that are less than five(5)inches in diameter at a point four and one-half(41/2) feet aboveground or less than fifteen (15) feet in height; (4) Grasses. Vegetation Inventory:A drawing or sketch prepared to scale which provides the approximate location, extent, and common names of the trees or major groups of vegetation on site. The vegetation inventory shall include the proposed locations of buildings,structures,driveways, and other improvements drawn to scale and the individual location of all protected trees of approximately twelve (12) inches DBH or greater within all improvement areas and within ten (10)feet of all improvement areas. Vehicular Sign: A sign affixed to a vehicle or trailer for the purposes of this Code, this definition shall only be applicable when said vehicle or trailer is on a parcel for the primary purpose of conveying a message and not otherwise incidental to the vehicle's primary purpose of transportation. Vehicular Use Area: Any area intended to support tracked or tired vehicles capable of self-propulsion. Vehicular use areas are engineered and constructed to support repeated loadings of these vehicles. The incidental use of any area by a tracked or tired vehicle to park non-self-propelled vehicles, for example, trailers, does not make the area used for the parking of such vehicles a vehicle use area. The vehicle use area construction of paved impervious surface is not required but shall include measure in conformance to St. Lucie County Engineering design standards to direct and store all stormwater run-off so it is treated prior to any off-site discharge. This requirement is not intended to supersede or otherwise contradict any regulatory requirements by any other agency. Violation: As used in Section 6.05.00, Flood Damage Prevention, means the failure of a structure or other development to be fully compliant with the requirements of this section. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this section is presumed to be in violation until such time as that documentation is provided. Wall Face: The entire building front including the parapet. Wall Mural: A wall mural shall mean any picture or graphic design painted on or otherwise applied to the exterior of a building or structure. A wall mural may include communicative wording or characters to the extent that the mural does not violate the wall sign requirements of the zoning district in which the mural is located. St. Lucie County Land Development Code Supp. No. 20 2:57 Adopted May 19,2009 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Wall Sign:A sign erected parallel and attached to the outside wall facade of any building or fence, including flat, painted, individual letter, or cabinet signs. Water Dependent Activity:An activity which can only be conducted on,in,over,or adjacent to water areas because the activity requires direct access to the water body or sovereignty lands for transportation, recreation, energy production or transmission, or source of water, and where the use of the water or sovereignty lands is an integral part of the activity. Water or Sewer Utility:As used by this Code, a water or sewer utility shall mean a water or sewer utility which is providing service to one hundred (100) or more persons for compensation. Watercourse:As used in 6.05.00, Floodplain Management, a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. Well:Any excavation that is drilled,cored,bored,washed,driven,dug,jetted,or otherwise constructed when the intended use of such excavation is to conduct groundwater from a source bed to the surface, by pumping or natural flow, when groundwater from such excavation is used or is to be used for a public water supply well. Wellfield Protection Officer: The St. Lucie County Hydrologist or designee. Wetland: An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetland Alteration:Any dredging,filling, cutting, drainage,or flooding of a jurisdictional wetland. Wetland Dredging: Any disruption or displacement of wetland substrate or bottom sediments or contours. It also means the excavation or creation of a water body which is or will be connected to jurisdictional wetlands as defined in Section 6.02.03(B). Wetland Filling: The placement of any material in, on, or over a jurisdictional wetland. Wetland Functions: The roles wetlands serve, including but not limited to flood storage, flood conveyance, ground water recharge and discharge, erosion control, wave attenuation, water quality enhancement and protection, nutrient removal, food chain support, wildlife habitat, breeding and habitat grounds for fishery species, and recreational values. Wetland Mitigation:The compensation for the loss of wetland acreage,value and functions by the creation of new wetlands or the enhancement of existing wetlands. Whip Antenna:A cylindrical antenna that transmits signals in three hundred sixty(360) degrees. Wholesale Trade: The sale of goods for resale by a retail establishment to the ultimate 110 consumer. St. Lucie County Land Development Code Supp. No. 20 2:58 Adopted May 19,2009 DEFINITIONS 2.00.00 Wireless Communications Facility or Telecommunications Facility: Any equipment or facility used to provide wireless telecommunications service and may include, but is not limited to, antennas, towers, equipment enclosures, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. Such definition shall not include facilities of a governmental entity where such facilities are utilized to provide intra-governmental communications, not generally available to the public,to protect the health,safety and welfare of the public,including but not limited to the South Florida Water Management District. Wireless Telecommunications Service: Personal wireless service or "commercial mobile radio service"as provided under ss. 3(27)and 332(d)of the Federal Telecommunications Act of 1996, 47 U.S.C. §§ 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, August 10, 1993, 107 Stat. 312. The term includes service provided by any wireless real-time two-way communication device, including radio-telephone communica- tions used in cellular telephone service;personal communications service;or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communications service, or a network radio access line. The term does not include wireless providers that offer mainly dispatch service in a more localized, noncellular configuration; providers offering only data, one-way, or stored-voice services on an interconnected basis; providers of air-to-ground services; or public coast stations. Wireless Tower or Telecommunications Tower or Tower: Any structure, and support thereto, designed and constructed for the sole or primary purpose of supporting one (1) or more antennas and their associated equipment intended for transmitting or receiving wireless telecommunications services,telephone,radio and similar communication purposes, licensed or authorized by the FCC to the extent required, including lattice, monopole and guyed telecommunications towers. Unless otherwise expressly excluded, the term includes transmission telecommunications towers, microwave telecommunications towers, common- carrier telecommunications towers, cellular telephone telecommunications towers, alterna- tive telecommunications tower structures,among others. To the extent not inconsistent with applicable law, the term Wireless Tower or Telecommunications Tower does not include a utility pole for the collocation of a small wireless facility in the County's public rights-of-way pursuant to the St. Lucie County Communications Rights-of-Way Ordinance, Chapter 44, Article I, of the County Code. A Wireless Tower, Telecommunications Tower or Tower shall not include the following: (1) A cell-on-wheels authorized pursuant to Section 7.10.23; (2) A structure supporting a utility transmission line(s) only; (3) A structure up to one hundred fifty(150)feet in height supporting a 69KV or higher voltage utility transmission line(s), and antenna(e), when located in non-residential zoning districts; (4) An amateur radio antenna or its support apparatus; and St. Lucie County Land 1pp Supp. No. 20 2:59 Adopted May 19,2009 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (5) A structure supporting a radio,television or satellite receiving antenna for residential uses only. Yard:An open space at grade between a building and the property lines of the lot on which the building is located, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. Yard, Front:A yard extending across the front of a lot,bounded by the side lot lines,front property line and the front of the main building or any projections thereof In all cases, the main building and any projections thereof must be behind the line of minimum lot width. Yard,Rear:A yard extending across the rear of a lot between the side lot lines and the rear property line, and being the required minimum horizontal distance between the rear property line and the rear of the main building or any projections thereof. On all lots the rear yard shall be at the opposite end of the lot from the front yard. Yard, Side:A yard between the main building and the side line of the lot, extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side property line and the side of the main building or any projections thereof. Yard Trash: Means vegetative matter resulting from landscaping maintenance and land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of Section 7.10.34 only. Yard trash also includes clean wood. Zone of Protection:Those areas around public water supply wellfields meeting the criteria in Section 6.03.02. (Ord. No. 10-003,Pt. A,2-15-2010;Ord. No. 10-034,Pt. A, 11-9-2010;Ord. No. 11-005,Pts. A, B, 2-1-2011;Ord. No. 11-031, Pt. A, 12-20-2011; Ord. No. 11-017, Pt. A, 6-21-2011; Ord. No. 11-012, § A, 8-2-2011; Ord. No. 12-003, Pt. A, 5-15-2012; Ord. No. 12-009, Pt. A, 4-17-2012; Ord. No. 12-010, Pt. A, 2-14-2012; Ord. No. 13-038, Pt. A, 9-3-2013; Ord. No. 15-002,Pt. A,4-7-2015;Ord. No. 16-009,Pt. A,6-7-2016;Ord. No. 17-004,Pt. A,4-18-2017; Ord. No. 17-005, Pt. A, 5-16-2017; Ord. No. 17-015, § 2, 7-5-2017; Ord. No. 18-001, Pt. A, 1-23-2018;Ord. No. 2018-006,Pt. A,5-15-2018;Ord. No. 2020-22,Pt. A,8-4-2020;Ord. No. 2020-29, Pt. A, 12-1-2020; Ord. No. 2021-14, Pt. A, 6-1-2021) • St. Lucie County Land Development Code Supp. No. 20 2:60 Adopted May 19,2009 • SPECIAL DISTRICTS 4.03.03 C. This Section indicates the permitted, conditional and accessory uses and performance standards that will be utilized when reviewing applications for a change in zoning, future land use designation, site plan or building permit in the area further described in this Section. 4.03.02. Research and Education Park Overlay Zone Established. A. The Research and Education Park Overlay Zone shall consist of all those parcels of land lying in the boundaries of the Research and Education Overlay Zone Map as shown below and on the County's Official Zoning Atlas: =-— — ' IL 1, I ,...a - A. . rd J ,�'a --" ,LEI ��II_'��'r_:� 'I= 11,1F1- § ...Orli a i',.. #3,14 A ff....3 p. ______T__ -..- . - .........,........ .., r r r 1 i li •••Oo .. 7:+• :+:4►+••••••••+•••• 4,19' MI I _'lit ••••• •••• • • 4 •••• • •••• • •4 1....j 1 E :, L. Research and Education Park __- ` =1. _..._.__..— I 1i1 \, Overlay Zone �'1 —i._ i_ 11r;iI i! OBoua.y 1___' ill I — -- -- ---rf____ .71_ II B. The Research and Education Park Overlay Zone, created in Paragraph A above is generally described as follows: Lands dedicated to a Research and Education Park consisting of public and private research and education institutions and business support facilities that further the intent of the Research and Education Park Overlay Zone. The area is intended to accommodate research institutions, low environmental impact manufacturing facilities that support or are associated with the research and education institutions within the Research and Education Park. 4.03.03. Limitations on Land Use Applications. 0 Any Future Land Use Map Change within the Overlay Zone shall be to Special District (SD - Research and Education Park). All applications for a change in zoning within the St. Lucie County Land Development Code Supp. No. 20 4:19 Adopted May 19,2009 4.03.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Research and Education Park Overlay Zone shall be to Planned Non-Residential Develop- ment (PNRD). All building permit applications shall be reviewed and approved by the Planning and Development Services Director or his or her designee prior to the issuance of construction authorizations within the Research and Education Park Overlay Zone. The appropriate location and mix of uses will be determined through the planned development process in a manner that adheres to the guidelines and standards set forth in this overlay zone and the Research and Education Park Master Plan. Uses are to be segregated as to intensity and are to ensure compatibility with lands outside the overlay zone. The following sub-zones are created to identify the type of permitted, conditional and accessory uses allowed within Zone A and Zone B. The specific uses are identified below and Section 4.03.05. LAND USE OPTIONS ZONE A ZONE B RESEARCH EDUCATION ZONE RESEARCH AGRICULTURE ZONE PNRD: Allows agriculture, professional and busi- ness office, research, development, Institutional and light manufacturing,process- ing, distribution, business incubator, and accelerator business (as identified under 4.03.05). Research Education Zone: The Research Zone is established to provide sites for education and research activities, related manufacturing, business and scientific activities that could benefit from location in or adjacent to Research and Education Park facilities. This zone is intended to accommodate educational facilities that promote higher learning and research facilities, prototype production facilities and other manufacturing operations that require the continual or recurrent application of research knowledge and activity as an integral part of the manufacturing process. Professional office and commercial support facilities may also be located within this zone. This zone is intended to support the life cycle of education,food, agriculture, and technology uses spurred by the research zone, from research, to business incubator and accelerator,to processing,and distribution of the products created at the Park. Research Agriculture Zone:The Research Agriculture Zone is established to provide an area of scientific research and development in the life sciences and agriculture for training and the production of prototype products,plans or designs. This zone is intended to accommodate agriculture production associated research facilities, and pilot projects that require the continual application of agriculture research knowledge and activity. (Ord. No. 10-034, Pt. A, 11-9-2010; Ord. No. 2020-12, Pt. A, 6-1-2020) No. 20 St. Lucie County Land Development Code Supp. 4:20 Adopted May 19,2009 111 SPECIAL DISTRICTS 4.03.04 4.03.04. Performance Standards. The following performance standards shall be maintained for approval of any planned development within the Research and Education Park Overlay Zone. The Research and Education Park Overlay standards shall supersede when more limiting than other provi- sions of this Code. A. Building Height: Zone A: Maximum height for any structure shall be sixty (60) feet. Zone B: Maximum height for any structure shall be thirty-five (35) feet. B. Signs: Signs for all uses within the Research and Education Center Overlay Zone shall conform to the requirements of Section 9.01.01(E),(Commercial,Neighborhood) of this Code. Billboards that are specific to marketing or identification of the Research and Education Park are permitted along the Florida Turnpike and may be installed in accordance with Section 9.02.02—Off Premises Signs. C. Lot Coverage by Buildings: Zone A: 50% maximum lot coverage by buildings Zone B: 25% maximum lot coverage by buildings 50% lot coverage by structures utilized for agricultural production purposes D. Minimum Yard requirements: Minimum yard and minimum lot size requirements will be determined through the planned non-residential development process. Buildings under the site plan threshold shall meet the minimum yard requirement of the property's underlining zoning district. E. Landscaping Requirements: Landscaping requirements related to screening uses outside the Research and Education Overlay Zone boundary, retention of native landscapes, drought-tolerate vegetation and exotic removal shall be subject to Section 7.09.00. Landscape buffers along roadways and between uses within the Research and Education Overlay Zone shall be determined as part of the planned development process and in all cases shall be consistent with the intent of the Research and Education Overlay Zone and the Research and Education Park Master Plan. F. Off-street Parking and Loading Requirements: Off-street parking and loading requirements are subject to Section 7.06.00. A fifteen percent (15%) reduction may be applied if the Planned Development contains two (2) or more uses. Agricultural production structures are not subject to the requirements of Section 7.06.00. Parking garage structures may be proposed for individual or shared use within Zone A. (Ord. No. 2020-12, Pt. A, 6-1-2020) St. Lucie County Land Development Code Supp. No. 20,Rev. 4:21 Adopted May 19,2009 4.03.05 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 4.03.05. Research and Education Park Overlay Zone Use Limitations. The purpose of these regulations is to provide and protect an environment suitable for agriculture, education, and research with such other uses as may be necessary to and compatible with these primary uses. Uses are identified by their SIC (Standard Industrial Classification) Code(00). The identified use shall only be allowed when consistent with the properties Future Land Use Designation and the Zone A and B Land Use Options set forth in Section 4.03.03 and the Research and Education Park Master Plan. A. Permitted Uses. (Notes: The uses below include the life sciences with a focus on agriculture and education) The permitted uses in Zone A and Zone B shall be: 1.) Agriculture Production - crops (SIC 01). 2.) Animal Aquaculture (SIC 0273). 3.) Education Services and Facilities (SIC 82). (Notes:Includes establishments engaged in non-commercial agriculture and biologi- cal research and development;such as, agriculture, food and medicine.) The permitted uses in Zone A only shall include: 1.) Business services (SIC 73). 2.) Manufacturing and Processing: a. Drugs (SIC 283). b. Beer, wine, distilled alcoholic beverages (SIC 518). c. Farm and garden machinery and equipment(SIC 5083). d. Farm-products raw materials, not elsewhere classified (SIC 5169). e. Farm supplies (SIC 5191). f. Food and kindred products (SIC 20). g. Food products machinery(SIC 3556). h. Grain and field beans (SIC 5153). i. Groceries and related products (SIC 514). j. Measuring,analyzing,and controlling instruments,photographic,medical and optical goods;watches and clocks (SIC 38). k. Pharmaceutical preparations (SIC 2834). 1. Soap, detergents, and cleaning preparations, perfumes, cosmetics, and other toilet preparations (SIC 284). m. Tobacco stemming and redrying(SIC 21). 3.) Research, Development and Testing Services (SIC 873). • St. Lucie County Land Development Code Supp. No. 20,Rev. 4:22 Adopted May 19,2009 SPECIAL DISTRICTS 4.03.05 (Notes:Includes establishments engaged in commercial and manufacturing physical and biological research and development; such as, agriculture, food and medical research, business services and x-ray machine inspection services) B. Conditional Uses. (Notes:The uses below primarily include those associated with the manufacturing and support of the life sciences or the Park in general, such as financial institutions and eating establishments.) The conditional uses within Zone A shall be: 1.) Meat packaging plants (SIC 2011). 2.) Financial institutions (SIC 60 and SIC 61). 3.) Solar generation station subject to the requirements of Section 7.10.28 (999). Solar electric power generation subject to the requirements of Section 7.10.28. 4.) Eating places (SIC 5812). The conditional uses within Zone B shall be: 1.) Solar generation station subject to the requirements of Section 7.10.28. (999). C. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: 1.) Residential units may be permitted as accessory uses to educational facilities, when approved through the Planned Development process. 2.) Solar energy system subject to the requirements of Section 7.10.28 (999). D. Use Limitations. The following uses shall be specifically prohibited within the Research and Education Park Overlay Zone boundary. 1.) Residential subdivisions. 2.) Heavy, industrial. 3.) Industrial extraction. (Ord. No. 10-034, Pt. A, 11-9-2010; Ord. No. 2020-12, Pt. A, 6-1-2020) 4.04.00. TVC—OVERLAY ZONE (TOWNS,VILLAGES,COUNTRYSIDE) "Chapter IV "Special Districts" of the Land Development Code is amended to create Sections 4.04.00 through 4.04.06 "TVC - Overlay Zone (Towns, Villages, Countryside)" as follows. Language that is not underlined is identical to Ordinance 06-017 (which will take effect on the same date when the Towns, Villages and Countryside Comprehensive Plan amendments take effect). Language that is struck through is contained in Ordinance 06-017 but is not being adopted by Ordinance 07-055. Language that is underlined is not contained in Ordinance 06-017 but is being adopted on an interim basis by Ordinance 07-055." Supp. No. 20 4:22.1 St. Lucie County Land Development lMay 19,2009 4.04.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE ‘..) 4.04.01. Purpose and Intent. The purpose and intent of Section 4.04.00 of this Code is to: A. Guide the creation of Towns, Villages, protected Countryside, and other permitted uses on land designated TVC on the Future Land Use Map of the St. Lucie County Comprehensive Plan. B. Ensure that all development of land designated TVC takes place in accordance with the settlement principles set forth in the TVC Element of the Comprehensive Plan. Where this overlay zone directly conflicts with other portions of this Code, this overlay zone will prevail; however, no development may be approved that conflicts with the St. Lucie County Comprehensive Plan. St. Lucie County Land Development Code Supp. No. 20 4:22.2 Adopted May 19,2009 RESOURCE PROTECTION STANDARDS 6.03.05 5. Exemption for the Use of Fertilizers Containing Any Form of Nitrogen: The use of fertilizers containing any form of nitrogen provided that: a. For nonresidential recreational areas, including private golf courses, the application of nitrogen-containing materials shall be in accordance with manufacturers directions or recommendations of the St. Lucie County Agricultural Extension Agent, provided, however, the amount of fertilizer applied shall not exceed forty (40) pounds of nitrogen per acre per month average for the total area of two (2) pounds per thousand (1,000) square feet per month for any localized area within the activity. b. For agricultural areas,the application of nitrogen-containing materials shall be in accordance with manufacturers directions or recommendations of the St. Lucie County Agricultural Extension Agent, provided, however, the amount of fertilizer applied shall not exceed two hundred(200)pounds of nitrogen per acre per year. c. For nonresidential landscape areas, the application of nitrogen-containing materials shall be in accordance with manufacturers directions or recommenda- tions of the St. Lucie County Agricultural Extension Agent on areas of ten CI) thousand (10,000) square feet or less. 6. Exemptions for Retail Sale and Wholesale Activities: Retail sale and wholesale establishments in Regulated Areas provided that the establishments only store and handle Regulated Substances for resale in their original unopened containers. 7. Exemptions for Office Uses: Regulated Substances for the maintenance and cleaning of office buildings and Regulated Substances associated with office equipment such as copier or blueprint machines shall not be allowed onsite in quantities greater than the quantities exempted in Section 6.03.05(B). 8. Exemptions for Approved Nonresidential Activities: The following nonresidential activities: a. Nonresidential activities existing as of the effective date of this Code which have received site plan,subdivision or similar development approval as defined in Chapter II and building permits as defined in Chapter II. b. Nonresidential activities existing as of the effective date of this Code which have received zoning compliance, occupational license, or similar forms of annual development approval as defined in Chapter II, and which do not require site plan, subdivision, or similar development approval and building permits. For the purposes of this exemption, renewal of annual Development Order shall also be exempt, provided, however, that there are not expansions, 11) modifications or alterations that would increase the storage, handling, produc- tion, or use of the Regulated Substances. St. Lucie County Land Development Code Supp. No. 20 6:33 Adopted May 19,2009 6.03.05 ST. LUCIE COUNTY LAND DEVELOPMENT CODE l'\4111) B. Any nonresidential activity which only stores,handles,produces,or uses the following quantities of Regulated Substances shall be exempt from the Regulated Area prohibition set out in Section 6.03.03. 1. Whenever the aggregate sum of all quantities of any one(1)Regulated Substance for any one(1)nonresidential activity at a given facility/building or property at any one (1) time does not exceed six (6) gallons where said substance is a liquid, or twenty-five (25) pounds where said substance is a solid. 2. Whenever the aggregate sum of all Regulated Substances for any one(1)nonresidential activity at one facility/building or property at any one (1) time does not exceed one hundred (100)gallons if said substances are liquids, or five hundred(500)pounds if said substances are solids, and the aggregate sum of all quantities of any one (1) Regulated Substance does not exceed the reference limits in Section 6.03.03. 3. Where Regulated Substances are dissolved in or mixed with other Non-regulated Substances only the actual quantity of the Regulated Substance present shall be used to determine compliance with the provisions of this Section. The actual quantity of the Regulated Substance present shall be the total quantity of the original unopened container(s) regardless of concentration or purity. 6.03.06. Special Exemptions. A. Request for exemption. Any person subject to the prohibitions set out in Section 6.03.03 may apply to the Growth Management Director for a Special Exemption. B. Information and fee required. The application for Special Exemption shall include, at a minimum, the following information on a form provided by the Director, as well as the appropriate filing fee as set out below: 1. A concise statement detailing the circumstances which the applicant feels demonstrates the need for a Special Exemption. 2. A description of the mechanisms that will be utilized to meet the conditions required for issuance of the exemption as set out in Section 6.03.06(C)below; 3. The signatures of the owner of the subject site and applicant, if different, and a Florida registered Professional Engineer or Hydrogeologist certified in the State of Florida; 4. A filing fee established by resolution of the Board to defray the costs of processing such application; and 5. An agreement to indemnify and hold St. Lucie County harmless from any and all claims, liabilities, causes of action, or damages arising out of the issuance of the special Exemption. The County shall provide reasonable notice to the, exemptee of any such claims. Su No. 20 St. Lucie County Land Development Code pp 6:34 Adopted May 19,2009 RESOURCE PROTECTION STANDARDS 6.03.06 C. Review by the Planning and Development Services Director. 1. Within thirty (30) working days of receipt of an application for Special Exemption, the Director or designee shall inform the applicant in writing whether such application contains sufficient information for a proper determination to be made. If the application is found to be insufficient, then the Director shall provide to the applicant a written statement by certified mail or hand delivery requesting the additional information required. The applicant shall inform the Director or designee within ten(10)working days of the date of the written statement of his or her intent to either furnish the information or have the application processed as it stands. 2. Prior to notifying the applicant where applicable in subsection 1. above,the Growth Management Director shall request from the County Hydrogeologist, as applicable: a. Written comments regarding the sufficiency of the application; and b. A written recommendation for issuance with applicable conditions or denial. 3. The County Hydrogeologist shall make appropriate surveys,tests and inspections of property, facilities, equipment and processes proposed or operating under the provisions of this section to determine compliance with the provisions of this section. At a minimum, a written inspection report from the County Hydrogeologist to the Growth Management Director shall be required prior to the issuance of a Certificate of Occupancy. 4. Issuance or denial: At the end of said ten-day period or receipt of the additional information the Growth Management Director or designee shall within thirty (30) working days inform the applicant whether the Special Exemption has been granted or denied. If the Director denies the application, the Director or designee shall provide the applicant with a written notice outlining the reasons that the permit was denied. 5. Criteria for issuance: The Growth Management Director shall grant an exemption if the person applying for the exemption demonstrates that adequate technology exists to isolate the facility or activity from the potable water supply within the Zone of Protection wherein the proposed facility or activity would be located. At a minimum, the following conditions shall be met in order to meet this criteria: a. Substance inventory; b. Containment; c. Emergency collection devices; d. Emergency plan; e. Daily monitoring; f. Equipment maintenance; g. Reporting of spills; h. Potable water well monitoring; St. Lucie County Land Development Code Supp. No. 20 6:35 Adopted May 19,2009 6.03.06 ST. LUCIE COUNTY LAND DEVELOPMENT CODE i. Groundwaste monitoring; j. Alterations/expansions; k. Reconstruction after catastrophe (fire, vandalism, flood, explosion, collapse, wind, war or other); and, 1. Others, as applicable to groundwater protection. All costs associated which such applicable conditions shall be borne by the applicant or exemptee, as applicable. 6. Revocation or revision: Any Special Exemption granted by the Planning and Development Services Director pursuant to this Section shall be subject to revocation or revision by the Director for violation of any condition of said Special Exemption by first issuing a written notice of intent to revoke or revise (certified mail return receipt requested or hand delivery). The applicant shall have the right to a hearing before the Code Enforcement Board prior to revocation or revision in accordance with the procedures set out in Section 11.13.00. Upon revocation or revision, the activity will immediately be subject to the enforcement provisions of this ordinance. 7. Appeals:Any final action by the Planning and Development Services Director may be appealed according to the procedures set forth in Section 11.11.00 of this Code. 8. Other agency requirements:Any Special Exemption granted by the Growth Manage411 - ment Director pursuant to this Code shall not relieve the exemptee of the obligation to comply with any other applicable federal,state,a regional or local regulation,rule, ordinance or requirement. Nor shall said exemption relieve any exemptee of any liability for violation of such regulations, rules, ordinances or requirements. 9. New regulations:Upon adoption of any amendment to this Section or any regulation that supersedes this Section, the Special Exemption shall be subject to the newly adopted regulations. (Ord. No. 21-030, § 2, 9-7-2021) 6.03.07. Enforcement and Penalties. A. Enforcement,penalties,appeals,and remedy of matters related to this ordinance shall be in accordance with Section 11.13.00, Enforcement of Code Provisions. B. Each person who commits, attempts to commit, conspires to commit, or aids and abets in the commission of any act declared herein to be in violation of this ordinance whether individually or in connection with one (1) or more persons, or as a principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully entices, causes, coerces, requires, permits or directs another to violate any provision of this ordinance is likewise guilty of such offense. C. Each day that a violation of this ordinance is continued or permitted to exist without compliance shall constitute a separate offense. St. Lucie County Land Development Code Supp. No. 20 6:36 Adopted May 19,2009 RESOURCE PROTECTION STANDARDS 6.04.01 D. No development orders shall be issued to any violator of this Section until the violation(s)have been properly abated to the satisfaction of the County. (Ord. No. 21-030, § 2, 9-7-2021) 6.04.00. HABITAT OF ENDANGERED OR THREATENED SPECIES 6.04.01. Native Upland Habitat Protection. A. Purpose. The purpose of this Section is to contribute to implementation of Objective 8.1.8 of the St. Lucie County Comprehensive Plan and to protect native upland habitats from destruction through development or the effects of development, in order that St. Lucie County might continue to enjoy a diversity of plant and animal life supported by the plant communities native to this area, and in particular the endangered and threatened species found within the County. B. Generally. 1. The Growth Management Director shall designate and map the areas to be to be included in the Inventory of Environmentally Sensitive Native Upland Habitats for purposes of this Code. The Inventory shall include properties or portions of properties that, as a part of any proposal for development or alteration, shall be reviewed for possible public acquisition or for partial preservation through a conservation easement or other method to be approved by the Board of County Commissioners. 2. Unless designated and mapped by the Growth Management Director prior to the application for a Development Order, the following areas shall be excluded from consideration as native ecosystems for purposes of this Section: a. All residentially zoned lots of record as of August 1, 1990,consisting of less than one and one-half(11/2) acres. b. An area where the environmentally sensitive land has been altered lawfully prior to the adoption of this Code and where the environmentally sensitive land no longer retains the natural values and functions on which the designation of environmental sensitivity is based. 3. A property owner who desires an exemption from this Section on the basis of prior lawful alteration may submit an application for exemption to the Growth Manage- ment Director, with accompanying evidence that he or she is entitled to the exemption pursuant to this Section. 4. All lots or properties on which an application for a vegetation removal permit or an application for a Preliminary Development Order has been received shall be evaluated for possible inclusion wholly or in part in the Inventory of Environmentally Lor Sensitive Native Upland Habitats, unless the Growth Management Director has previously issued an exemption. St. Lucie County Land Development Code Supp. No. 20 6:37 Adopted May 19,2009 6.04.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE0 C. Approval Criteria for Alteration or Development.A proposed land alteration,as defined in Chapter II, or development on a property listed wholly or in part on the Inventory of Environmentally Sensitive Native Upland Habitats shall be approved only if: 1. The project design and approval conditions provides for the protection and preserva- tion of the values and functions of the environmentally sensitive lands to the maximum extent feasible, considering the type of development proposed; and 2. A satisfactory management plan of any proposed preserve area has been prepared by the applicant which shall include, but not be limited to, eradication and continued monitoring and removal of exotic species,fencing,and periodic controlled burning or other mechanical methods that would simulate the natural processes of the historic fire regime, as appropriate; and 3. For those lands identified for preserve status, appropriate deed restrictions, dedica- tion to a public entity or approved private conservation group, or conservation easements are proposed to ensure preservation; and 4. Clustering of development on less sensitive portions of the site has been considered; and 5. For a site on which endangered, threatened or rare species or species of special concern(listed species) are present, one(1)of the following criteria can be satisfied: a. The applicant successfully demonstrates that the proposed alteration or III development will not preclude the continued survival and viability of those listed species located on the site;or b. The applicant presents a plan for relocation, either on-site or off-site, for those listed species, which has been reviewed and approved by all appropriate agencies. D. Supplemental Information Required When Applications are Filed Pertaining to Properties Listed on the Inventory. 1. Any Person applying for a vegetation removal permit or Development Order on land that is listed on the Inventory of Environmentally Sensitive Native Upland Habitats, shall provide a professionally prepared supplemental submission containing the following information: a. A list of endangered or threatened species and species of special concern found on the site; and b. Colonial bird nesting or roosting areas or areas in which migratory species are known to congregate; and c. A description of proposed operations to be performed on site, including use, storage, handling, or production of substances known to be harmful to plants and/or animals; identification of any pollutants expected to be emitted during project operation; and identification of solid wastes generated and disposal methods expected to be used; and 1111 St. Lucie County Land Development Code Supp. No. 20 6:38 Adopted May 19,2009 RESOURCE PROTECTION STANDARDS 6.04.01 d. A discussion of project alternatives, including options considered and rejected and the rationale for rejection of each option considered; and e. Proposed mitigation measures in detail as they relate to possible loss of habitat or impact on endangered, threatened or rare animal and plant species, or species of special concern. 2. If no other application under this Code is pending, but an alteration is proposed for property already listed on the Inventory of Environmentally Sensitive Native Upland Habitats, an application for a sensitive land alteration permit shall be prepared on a form furnished by the Growth Management Director. E. Procedure for Review of Applications Pertaining to Inventory Properties. 1. Upon receipt of the completed application for a sensitive land alteration permit, vegetation removal permit, or Development Order pertaining to a property listed on the Inventory of Environmentally Sensitive Native Upland Habitats, the Growth Management Director shall review and evaluate the environmental impacts of said proposal in light of Objective 8.1.8 of the Conservation Element of the Comprehensive Plan and the associated policies. The Director shall work with the applicant and other environmental agencies to provide the best possible development or alteration proposal to satisfy the goals this Code and the Comprehensive Plan as well as allowing for economic use of the property. 2. The Growth Management Director shall complete its review of the completed application for an alteration permit within twenty (20) working days and approve, approve with conditions, or deny the permit. 3. The Growth Management Director shall review a supplemental submission of native ecosystems information within twenty(20)days or within the same time period that the underlying application is required to be reviewed, whichever is longer. F. Public Acquisition. 1. Should the Growth Management Director determine that public acquisition of an interest in the property is the best option to protect these environmentally sensitive lands proposed for development,the Director shall initiate action before the Board of County Commissioners or other appropriate governmental entity for consideration of such possibility. Action on the development application shall be deferred by the Director for a period of time not to exceed sixty(60)days while said agencies consider the public acquisition of said land. At the expiration of the sixty-day period, the development application shall be allowed to proceed through the development approval process, subject to review as described in this Section unless the land has been acquired or interest in public acquisition is formally confirmed. 2. Should the Board and/or other governmental entity decide that public acquisition is the best option to protect all or part of these environmentally sensitive lands Supp. No. 20 6:39 St. Lucie County LandDevelopment Adopted May 19,2009 6.04.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE proposed for development,approval of the proposed development will be deferred for a period not to exceed one hundred eighty(180)days to allow time to complete public acquisition. 3. Should the Board and/or other governmental entity decide not to acquire all or part of the particular site containing environmentally sensitive lands, the development application, as modified for any lands acquired by the public, shall be allowed to proceed through the development approval process,subject to review as described in this Section. G. Determination of Sufficiency. 1. The owner of land listed on the Inventory of Environmentally Sensitive Native Upland Habitats who wishes to arrange for the preservation of environmentally sensitive portions of his or her lands prior to development may file an application with the Growth Management Director for a determination of sufficiency of the proposed boundaries of environmentally sensitive native ecosystems to be preserved. 2. The application for a determination of sufficiency shall include at least the following information prepared by a qualified professional approved by the Growth Manage- ment Director: a. Boundaries of land to be set aside in a preserve status and a legal description of the entire tract; b. A vegetation inventory and such other information as the Growth Management Director may require to determine the quality of the habitat; c. A list of endangered or threatened species and species of special concern found on the site; and d. Colonial bird nesting or roosting areas or areas in which migratory species are known to congregate; and e. A proposal for appropriate deed restrictions, dedication to a public entity or approved private conservation group, or conservation easements to ensure preservation; and f. A proposal for conditions to be attached to the development to assure that construction and operations do not degrade the quality of habitat found on the area to be preserved. 3. Upon receipt of the application for a determination of sufficiency, the Growth Management Director shall review the proposal for completeness and respond to the applicant within twenty(20)working days with an approval or a denial. The Director shall approve the application unless it is determined that: a. The property should be submitted to the Board of County Commissioners or other appropriate governmental entity for consideration for possible acquisi- tion; or St. Lucie County Land Development Code Supp. No. 20 6:40 Adopted May 19,2009 RESOURCE PROTECTION STANDARDS 6.04.01 b.. The values and functions of the habitat proposed for preservation are insuf- ficient to meet the goals and policies of the St. Lucie County Comprehensive Plan with regard to preservation of environmentally sensitive habitat;or c. There is a reasonable doubt whether the preservation measures proposed will meet the spirit and intention of the goals and policies of the Comprehensive Plan with regard to habitat preservation. H. Fees. Fees shall be charged for the determination of sufficiency according to a schedule set by resolution of the Board of County Commissioners. I. Appeals. Any administrative decision made under this Section may be appealed according to the procedures described in Chapter 11.11.00. (Ord. No. 21-030, § 3, 9-7-2021) St. Lucie County Land Development Code Supp. No. 20 6:40.1 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.02.03 the Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. The general standards, conditions and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s)with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities. B. For properties located in any Commercial or Industrial classified land use area:Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Commercial Resort (CR); Industrial Light(IL); Industrial Heavy(IH), Utility(U) and (I) Institutional zoning districts, and any non-residential permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. The general standards, conditions and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s)with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities. (Ord. No. 15-002, Pt. A, 4-7-2015) 7.02.03. Standards and Requirements. Standards and requirements for a Planned Non-Residential Development shall be as follows: A. Minimum Size. The minimum lot size requirements for a Planned Non-Residential Development shall be as follows: 1. Any Planned Non-Residential Development in a Residential Land Use classifica- tion shall comply with the minimum lot requirements in the Commercial Neighborhood (CN) Zoning District. 2. Any Planned Non-Residential Development in a Commercial, Industrial or Mixed Use Land Use classification shall comply with the minimum lot requirements in the Commercial General (CG) Zoning District. B. Area, yard, Height and Other Dimensional Requirements. Area, yard, and height requirements shall be determined at the time of Preliminary Development Plan approval, except that any structure on North or South Hutchinson Island that has St. Lucie County Land Development Code Supp. No. 20,Rev. 7:18 Adopted May 19,2009 7.02.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995,the requirements of Section 4.01.00,Hutchinson Island—Building Height Overlay Zone shall apply. C. Public Facilities. 1. The Planned Non-Residential Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. 3. Fire hydrants spacing shall be approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. D. Traffic and Pedestrian Circulation. 1. Every use permitted in a Planned Non-Residential Development shall have access to a public street either directly or through an approved private road, vehicular accessway, a pedestrian way, or other area dedicated to public or private use. 2. 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 Non-Residential Develop- ment shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Non-Residential Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project,or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. Streets in a Planned Non-Residential Development may be dedicated to public use or retained under private ownership. Said streets and associated improve- ments shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of-way widths may be considered as part of the Planned Non-Residential Development if it is shown to the satisfaction of the County Commission, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 5. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. St. Lucie County Land Development Code Supp. No. 20,Rev. 7:14 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.02.03 6. Permanent dead-end streets shall not exceed one thousand (1,000) feet in length. Cul-de-sacs shall be provided at the end of all dead-end roads or streets greater than five hundred one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead-end roadway is five hundred(500)feet or less in length, a"Y"or"T" type of turn around may be approved. If a dead-end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 7. Access points on all collector or arterial streets serving a Planned Non- Residential Development shall be located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion. E. Parking and Loading. 1. General Provisions. a. The number, type, and location of parking spaces shall be determined at the time of final Planned Nonresidential Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.02 of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(B)(4) of this Code. 2. Off Street Parking and Loading. Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travel- ways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads (sso" and pedestrian walkways with hedges, dense planting, or changes in grades or walls. St. Lucie County Land Development Code Supp. No. 20 7:15 Adopted May 19,2009 7.02.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 3. On Street Parking. In Planned Non-Residential Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Nonresidential Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. F. Lighting. 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. G. Landscaping and Natural Features. 1. Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. H. Open Space Standards. 1. For development projects of less than ten (10) acres, a minimum of twenty percent (20%) of the gross area of land to committed to a Planned Non Residential Development must be for use as open space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches,common open space,common landscaping or planting areas, floodways, lakes, wetlands, stormwater retention areas or other areas of public purpose but not including street or road rights-of-way, above-ground utilities (although open space may be provided under transmission lines) require written approval from utility entity and parking areas. For development projects of ten (10) acres or more, a minimum of twenty-five percent (25%) of the gross area of land to be committed to a Planned Non Residential Development must be for use as open space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common space, common landscaping or planting areas, floodways, lakes,wetlands, stormwater retention areas or other areas of public purpose but not including street or road rights-of-way, above-ground utilities (although open space may be provided under transmission lines), and parking areas. At the request of the developer, and subject to the approval of the Board of County Commissioners, use of recreational facilities may be offered to the general public. A minimum of twenty-five percent(25%) of any existing native upland habitat on the property, must be preserved in its natural condition as part of the (a) required twenty-five percent(25%)open space. For each acre of preserve native St. Lucie County Land Development Code Supp. No. 20 7:16 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.02.03 habitat above the required minimum twenty-five percent(25%)that is preserved in its original state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining open space requirement. All areas to be dedicated for open space shall be identified as part of the Preliminary Development Plan for the Planned Nonresidential Development. Areas that are floodways,lakes,wetlands,and stormwater retention areas may be applied to satisfy the total common open space requirement subject to the requirement that twenty-five percent (25%) of any existing native habitat on the property must be included as part of the required twenty-five percent(25%) common open space. As part of the Final Planned Nonresidential Development submission process, the developer or petitioner for the Planned Nonresidential Development shall provide for one (1) of the following: a. The advance dedication of all common open space to a public,or acceptable private, agency that will, upon acceptance, agree to maintain the common space and any buildings, structures or improvements that been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Non-Residential Development; or b. A phased conveyance of the land to be used for common space to a public or acceptable private agency that will,upon acceptance,agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Non-Residential Development. 2. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement,provided that the common open space meets the requirements of this Code. 3. All land dedicated for common open space shall be physically part of the Planned Non-Residential Development. I. Phasing. 1. A Planned Non-Residential Development may be developed in more than one(1) stage or phase. 2. If a Preliminary Development Plan approved by the Board of County Commis- sioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. The final stage or phase shall be completed within ten (10) years of the date of preliminary development plan approval. Any extension of the above requirement is subject to approval by the Board of County Commissioners unless otherwise amended by the Board of County Commissioners. (Ord. No. 2016-23, Pt. A, 11-1-2016; Ord. No. 2021-14, Pt. A, 6-1-2021) St. Lucie County Land Development Code Supp. No. 20 7:17 Adopted May 19,2009 [The next page is 7:21] DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.01.03 J. Setbacks from Agricultural Land. Planned Mixed Use Developments adjacent to land used for agricultural purposes,or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. Open Space and Landscaping Standards. 1. A minimum of twenty-five percent (25%) of the gross area of the land to be committed to a Planned Mixed Use Development must be for use as open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscap- ing or planting areas, floodways, lakes, wetlands, stormwater retention areas, or other areas of public purpose but not including street, road or drainage rights-of-way, above ground utilities (although common open space may be provided under transmission lines), and parking areas. A minimum of twenty-five percent (25%) of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required twenty-five percent (25%) open space, For each acre of preserved native habitat above the required minimum twenty-five percent (25%) that is preserved in its original state,credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining common open space require- ment. 2. All areas to be dedicated for open space shall be identified as part of the Preliminary Development Plan for the Planned Mixed-Use Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space, subject to the requirement that twenty-five percent(25%)of any existing native habitat on the property must be included as part of the required twenty-five(25%)percent common open space. As part of the Final Planned Mixed-Use Development submission process, the developer or petitioner for the Planned Mixed-Use Development shall provide for one (1) of the following: a. The advance dedication of all common open space to a public,or acceptable private;agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Mixed Use Development; or, b. A phased conveyance of the land to be used for common open space to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. St. Lucie County Land Development Code Supp. No. 20 7:31 Adopted May 19,2009 7.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE No such parcel of land dedicated or conveyed for common open space shall be less than one(1)contiguous acre, and all such areas shall be physically part of the Planned Mixed Use Development. 3. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement,provided that the common open space meets the requirements of this Code. 4. Landscaping for off-street parking and loading areas shall,as a minimum,meet the requirements of 7.09.00. 5. For Planned Mixed Use Developments to be constructed in stages or phases,the net open space provided in an individual stage or phase may vary from the required thirty-five percent (35%) if the approved plan for the Planned Mixed Use Development provides for the required open space, and the County is assured that the open space will be provided. L. Phasing. 1. A Planned Mixed Use Development may be developed in more than one(1)stage or phase. 2. If a Final Development Site Plan approved by the Board of County Commis- sioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two(2)years shall elapse between the completion of any stage or phase,and the final stage or phase shall be completed within ten(10)years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Develop- ment Site Plan review process, the following sequence of development must be adhered to: a. One (1) or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty percent (40%), or other percentage as determined by the Board to be appropriately based on circumstances that include the size of the project and the proposed phasing schedule of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. b. For Planned Mixed Use Developments to be constructed in stages or phases,the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. St. Lucie County Land Development Code Supp. No. 20 7:32 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.04.01 3. Notwithstanding the above, if the land is within a Development of Regional Impact and governed by a development order, the development order shall govern the timing of the phases or stages of development activity. M. Signs. 1. Signs within any Planned Mixed Use Development(PMUD), less than or equal to one hundred (100) acres in overall area, shall comply with the provisions of Chapter IX of this Code, provided however, that the Board of County Commis- sioners may condition approval of a Planned Mixed Use Development(PMUD), upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development,to ensure compatibility with surrounding land uses,to ensure public safety and prevent public harm,and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Signs within any Planned Mixed Use Development (PMUD), greater than one hundred (100) acres in overall area may submit a general signage plan for the Planned Mixed Use Development, as part of the Final Planned Unit Develop- ment Plan submissions. The general signage plan shall be based on the general dimension and size standards applicable to other similarly designated property; provided, however, that the Board of County Commissioners may condition 1111 approval of a Planned Mixed Use Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 3. All other requirements and standards relating to signs within the Planned Mixed Use Development (PMUD) zoning designation shall be consistent with Chapter IX of this Code. (Ord. No. 2021-14, Pt. A, 6-1-2021) 7.04.00. AREA,YARD, HEIGHT,AND OPEN SPACE REQUIREMENTS 7.04.01. Requirements. A. Density, Height and Lot Coverage - General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage requirement shown in Table 7-10 for the Zoning District in which it is located. B. Area, Width and Yard Requirements-General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed,occupied,or used on a lot that is less than the minimum lot area,minimum lot width, and minimum yard requirement as shown in Table 7-10 for the zoning district in Supp. No. 20 7:33 St. Lucie County Land Adopted 1 p May 19,2009 7.04.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE which it is located, except that unsupported roof overhangs may encroach up to thirty (30) inches within any required yard setback area. This provision does not supersede the restrictions of Section 7.10.16(Q)(1)(a) of this Code. C. Minimum Building/Structure Elevation. 1. The minimum first floor elevation of all residential buildings shall be as follows: a. For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen(18)inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. b. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined,all buildings shall be elevated as follows: 1. A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater;or_ 2. As determined by a sub-basin drainage study for the proposed develop- ment meeting the requirements of a stormwater permit as set forth in Chapter VII. c. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. 2. Habitable/non-residential buildings shall comply with the following standards: a. For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18)inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. b. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined,all buildings shall be elevated as follows: 1. A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater;or 2. As determined by a sub-basin drainage study for the proposed develop- ment meeting the requirements of a stormwater permit as set forth in Chapter VII. St. Lucie County Land Development Code Supp. No. 20 7:34 Adopted May 19,2009 111 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.06.01 B. Duty of Owner for Placement on Existing Structures. 1. Generally. a. It is the duty of the owner of any house or building to cause the house or building number to be placed conspicuously on the front of the house or building so that the number can be seen plainly from the street line. The numbers used to display the street identification number for nonresidential buildings shall be at least six (6) inches in height and for residential buildings shall be at least four(4)inches in height. The numbers shall be made of a durable,clearly visible material. b. If a house or building is situated more than fifty (50) feet from the street line, then the numbers shall be placed near the walk, driveway or common entrance and upon a post, mailbox or other appropriate place so as to be easily discernable from the street. The numbers used for nonresidential buildings shall not be less than six(6)inches in height and for residential buildings shall be at least four (4) inches in height. The numbers shall be made of a durable and clearly visible material. 2. Noncompliance;violation. The owner of any house or building which does not have a house or building number posted on the effective date of this Section shall have until August 1, 1991 to comply with the requirements of this Section. Failure to comply with this Section shall constitute a violation of the technical code of St. Lucie County and shall be enforced pursuant to Article III, Chapter 1-2 of the Code of Ordinances. C. Placement Required Prior to Issuance of Certificate of Occupancy. No certificate of occupancy shall be issued for new construction until the house or building number is posted in accordance with Section 7.05.09(B). D. Application of System to New Development Activities. All new development activities in the unincorporated areas shall comply with the system established by this Section. 7.05.10. Internal Trip Capture Standards. (Reserved). 7.06.00. OFF-STREET PARKING AND LOADING* 7.06.01. Purpose and Applicability. A. Purpose. The requirements of this Section are intended to ensure that every building, structure, or use erected or instituted, except for bona-fide agricultural uses and buildings, shall be provided with adequate off-street parking facilities for the use of occupants, *Editor's note—Ord. No. 2013-44, §A, adopted December 17, 2013,repealed the former 7.06.00, §§ 7.06.01-7.06.04, and enacted a new 7.06.00 as set out herein. The former 7.06.000 pertained to similar subject matter and derived from Ord. No. 12-003,adopted May 15, 2012. St. Lucie County Land Development Code Supp. No. 20 7:65 Adopted May 19,2009 7.06.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE employees, visitors, and patrons, and that certain uses be provided with adequate off-street loading facilities,thereby reducing congestion to the public streets and promoting the safety and welfare of the public. B. Applicability. 1. Existing Uses. Buildings or structures existing as of the effective date of this Code may be modernized, altered, or repaired without providing additional off-street parking or loading facilities, provided there is no change of use. 2. Change in Use. Effective March 1, 1999,any change in use to an existing building or structure,will require that all on-site parking and loading facilities be brought into full compliance with the provisions of this Code,except as otherwise provided here in Section 7.06.00, as it may be amended from time to time. For the purposes of this Section. "change in use" shall mean any change in use or activity that requires the issuance of a new certificate of zoning compliance. Parking surface, landscaping, changes in use and zoning compliance are subject to the provisions of this Code as amended by Ordinance No. 12-003. 3. Expansion of Structure. Expansion in the floor area, volume, capacity, or space occupied of any structure existing on or before July 1, 1984,shall require compliance with all off- street parking and loading requirements contained in this Code to be met for both new construction and existing structures, except as otherwise provided below and in Section 7.06.03. a. Exceptions: 1. If the applicant can demonstrate to the satisfaction of the Planning and Development Services Director that the site has provided adequate off-street parking for its use prior to expansion,only the new construction shall be required to comply with the requirements of this Section. 2. New construction not required to comply with off-street parking require- ments include: Entry areas or vestibules, unoccupied storage areas provided these do not exceed twenty-five percent (25%) of the gross floor area, and areas which do not add to the occupancy capacity of a structure. 4. Nonconforming Uses: When repairs and alternations are to be made in a building occupied by a nonconforming use, all off-street parking requirements contained in this Code shall be met of the cost of repairs and alterations exceed fifty percent(50%) of the assessed value of the building and structures. a. Exceptions. 1. If the applicant can demonstrate to the satisfaction of the Planning and Development Services Director that the site has provided adequate off-street parking for its use prior to expansion, only new construction shall be required to comply with requirements in this Section. St. Lucie County Land Development Code Supp. No. 20 7:66 Adopted May 19,2009 (iipe DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.06.02 2. Construction not required to comply with off-street parking requirements include: Entry areas or vestibules, unoccupied storage areas provided these do not exceed twenty-five percent(25%) of the gross floor area, and areas which do not add to the occupancy capacity of a structure. 5. Religious Facility and Membership Organization. When a building in which persons regularly assemble for religious worship or social organization is built, repaired, or expanded, the off-street requirements are as follows: a. Exceptions: 1. Up to seventy-five percent(75%)of the total parking requirement may be stabilized grass parking for new construction and expansion of structure. All-weathered impervious surface is not required as provided herein. 2. Grass parking shall be provided in a manner acceptable to the County Engineer. 3. In the event grassed parking areas become deteriorated as indicated by dead or dying grass,bare dirt or overgrown grass and weeds,the Planning and Development Services Director may require the owner of the property to pave all or part of such area. 4. The stabilized grass parking vehicular use area shall meet the design standards pursuant to Section 7.06.02(B), except for material as provided herein. (Ord. No. 2013-44, §A, 12-17-13; Ord. No. 2021-14, Pt. A, 6-1-2021) 7.06.02. Performance Standards. A. Number of Off-Street Parking and Loading Spaces Required. 1. Off-Street Parking per Use. The most recently published edition of the Institute of Transportation Engineers Parking Generation is adopted by reference as the use-specific requirements for off- street parking. The most recently published standards will be available for the public on the County website and at the Planning and Development Services Department. a. For any uses not listed in the latest edition of Parking Generation,the Planning and Development Services Director will make a determination for required parking based on the most similar use, professionally recognized standards, a survey of similar counties' regulations, and/or analysis by a traffic engineer based on use-specific parking requirements. The determination will be made in writing referencing the standards or analysis used to make the determination. 2. Handicapped Parking. Handicapped parking shall be provided as required the 4110 Standard Building Code and F.S. §§ 316.1955 and 316.1956. The number of designated handicapped parking spaces shall be determined as follows: St. Lucie County Land Development Code Supp. No. 20 7:67 Adopted May 19,2009 7.06.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE HANDICAPPED PARKING REQUIREMENTS Total Number of Required Number of Required Handicapped Parking Spaces Parking Spaces* 0-15 1 16-50 2 51-75 3 76-100 4 101-150 5 151-200 6 201-300 7 301-400 8 401-500 9 501-1,000 2% of total required parking 1,000+ minimum of 20, plus 1 additional space for each 100 parking spaces over 1,000 *The number of required handicapped parking spaces may be included within the gross number of required parking spaces. 3. Off-Street Loading. Off-street loading space shall be provided and maintained as follows: a. For all commercial and industrial development: Size of Building Number of Spaces 0 to 24,999 square feet 1 25,000 to 59,999 square feet 2 60,000 to 119,999 square feet 3 120,000 to 199,999 square feet 4 200,000 to 299,999 square feet 5 For each additional ninety thousand (90,000) square feet over three hundred thousand (300,000) square feet or major fraction thereof, one (1) space. b. For each auditorium, convention hall, exhibition hall, museum, motel, hotel, office building,sports arena,stadium,hospital,sanitarium,welfare institution, or similar use having an aggregate floor area of: Size of Building Number of Spaces Over 10,000 square feet, but less than 40,000 1 square feet For each added 60,000 square feet or major fraction 1 thereof4111 St. Lucie County Land Development Code Supp. No. 20 7:68 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.06.02 c. For any use not specifically mentioned, the requirements for off-street loading facilities to which the unmentioned use is most similar shall apply. Such determination shall be made by the Planning and Development Services Director. B. Design Standards. FIGURE 7-23 TYPICAL PARKING PLAN/ 15 Ft. Required MINIMUM DIMENSIONAL STANDARDS Landscape Buffer 2 Ft.Overhang Nit 18 Ft.' 26 Ft. 16 Ft. • tet ft ok' r Required Interior Landscape Area minimum required size - 180 square feet Ill 1,4 y jt•{'r_ Z 1. Stall Size. a. The minimum size of a parking stall shall be as follows: Standard: Ten (10) feet x eighteen (18) feet. Angled: Ten (10) feet x eighteen (18) feet. Parallel: Eight (8) feet x twenty-three (23) feet. ( Handicapped: Twelve (12) feet x eighteen (18) feet..0,) (Fs. § 316.1955(3)) St. Lucie County Land Development Code Supp. No. 20 7:69 Adopted May 19,2009 7.06.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Two (2) feet of the required eighteen (18)feet provides for the overhang of the front of the vehicle beyond the front wheels, and therefore may be in grass instead of pavement if that two (2) feet is not included in any other required landscape or separation area, and if wheel stops or curbs are used to prevent vehicular encroachment into the two-foot area. 2. Aisle Width, Ingress and Egress. a. Dimensional requirements of access aisles: MINIMUM PARKING ACCESS AISLE DIMENSIONS Aisle Width Angle of Parking (feet) (degrees) Two-Way One-Way 90 26 26 75 22 22 60 20 20 45 20 16 30 20 16 0 (parallel) 20 16 b. No paving or vehicular use area, other than shared entrance or exit drives located in accordance with Section 7.05.06,shall be installed within ten(10)feet of adjoining property or within fifteen (15) feet of any road right-of-way frontage,and said unpaved area shall be landscaped in accordance with Section 7.09.00. c. All off-street parking areas shall be designed so that motor vehicles can exit without backing into a street, except for single-family, two-family and three- family dwellings. 3. Material. a. Requirement for Paved Surface for All Required Off-Street Parking and Vehicular Use Areas. Subject to the Administrative Relief provisions below, all required off-street parking spaces, access aisles, vehicular use and off-street loading areas constructed, expanded or altered after March 1, 1999, shall be constructed with a paved surface meeting the requirements of the St. Lucie County Public Works Department. The permitted impervious surface materials be concrete, asphalt, brick pavers, stamped concrete, or paving block. Only asphalt or concrete will be permitted within the County's Right-of-Way. Pervious paving systems and grass paving systems shall be permitted for non-required parking spaces when the paving systems and materials are approved by the County Engineer. Stabilized unpaved parking areas may be permitted at locations outside the urban service area upon approval of the County Engineer, so long as parking spaces, accessways, and driveways are St. Lucie County Land Development Code Supp. No. 20 7:70 Adopted May 19,2009 otoDEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.06.02 clearly marked and the vehicular/pedestrian circulation system is safe. The County Engineer shall publish a list of commercially available paving systems of pervious and imperious paving materials that are approved for use. The County Engineer shall approve design material and specifications on each site. For religious facilities or fraternal organizations, grass parking is exempt from the Administrative Relief provisions below,as provided in Section 7.06.01(B)(5). 4. ADA Accessibility. FIGURE 7-24 HANDICAPPED POSTINGS t.; TO MEET APPLICABLE STATE AND LOCAL REGULATIONS , I I ALL HANDICAPPED PARKING AREAS ' I STRIPING DETAILS,SIGN REQUIREMENTS SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 553.5041 FLORIDA STATUTES AND THE AMERICAN DISABILITIES ACT. ,► \ 12 ft. 5 ft. 12 ft. a. All handicapped parking spaces shall be appropriately outlined with blue painted lines, minimum four (4) inches wide, and shall be posted with the international symbol of accessibility. Handicapped accessible spaces shall meet the minimum design, signing and marking standards of the Florida Depart- ment of Transportation, and shall generally be located as depicted in Figure 7-24. b. All handicapped spaces shall have an adjacent access aisle sixty (60) inches wide. Two (2)handicapped parking spaces may share a common access aisle. c. All spaces shall have accessible thereto a curb-ramp or curb-cut,to allow access to the building served and shall be located so that users would not be compelled to wheel behind parked vehicles. St. Lucie County LanDevelopmentd Supp. No. 20 7:71 Adopted May 19,2009 7.06.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 'yr) d. Parallel spaces that are being used for handicapped purposes, shall be located at the beginning or end of a block. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors. 5. Landscaping. a. No more than ten (10) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of one hundred eighty (180)square feet for single row parking or three hundred sixty(360)square feet for double row parking(see Figure 7-23). b. Parking or display of any motor vehicle, recreational vehicle, boat, trailer or other vehicle in any required landscape area is prohibited. 6. Wayfinding. a. All directional and regulatory signage and all pavement markings shall be in accordance with the "USDOT Manual of Uniform Traffic Control Devices." b. Off-street parking facilities, including access drives and aisles for all multi- family, including two-family and three-family dwellings, and non-residential uses and shall be marked either by painted lines, precast curbs, or in a similar fashion to indicate parking spaces. II/ 7. Vehicle Queuing. a. Vehicle Queuing Area spaces required, per use: DRIVE UP/THRU VEHICLE STORAGE REQUIREMENTS Facility l Use Minimum Vehicle Queuing Area Drive-in Bank 6 spaces per service window Restaurant Drive-Thru 8 spaces per service window Car Wash (Automatic) 3 spaces on approach to wash line Car Wash(Self Service) 1 space on approach to wash line Gatehouse/Entry Control Structure 4 spaces (see Section 7.10.15) (manned or unmanned) All other commercial drive-thru uses 3 spaces per service position b. Adequate vehicle storage areas shall be provided at all drive-through and access regulating facilities. A vehicle queuing area is to be a minimum of ten (10) feet by twenty-five (25) feet. Minimum vertical clearance of fourteen (14) feet shall be required unless provisions for an unrestricted pass area are made. c. No vehicle queuing area may block any other parking stall, access aisle, driveway or off-street parking facility. St. Lucie County Land Development Code Supp. No. 20 7:72 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.06.02 d. All vehicle queuing measurements shall commence from the drive-through service window. In the case where two (2) service windows are provided, the measurement shall commence at the second window from which services are provided. 8. Vehicle Storage. Off-street parking facilities supplied by the owner or operator shall not be used by commercial vehicles owned, operated,or used in the business of such owner or operator during his/her regular hours of business,or by vehicles offered for sale unless additional parking spaces are made for these vehicles. 9. Off-Street Loading Space Design. FIGURE 7-25 f 1 it I 1 1 •— ..•_-n -a. 16F: Viva 1 F�' - - -- LZ Fee- Cf. - 'F 4N .i ALOIUS 14- Festa`.E1 I 1 1:411/ItN6 ItAtt1_ I 1 1 L• a. Location. Loading spaces shall be located on the same lot as the building or structure to which they are accessory. No loading shall be located in a required front yard. St. Lucie County Land Development Code Supp. No. 20 7:73 Adopted May 19,2009 7.06.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 0 b. Designation and Use. Each required loading space shall be designated as such and shall be used only for loading purposes. c. Design and Maintenance. 1. Off-street loading spaces shall be an area at grade level at least twelve(12) x fifty-five (55) feet long with a fourteen-foot vertical clearance. 2. For buildings less than fourteen thousand nine hundred ninety-nine (14,999) square feet, the required delivery space may have a minimum dimension of twelve(12)feet x thirty(30)feet with a fourteen-foot vertical clearance. 3. Each loading space shall be accessible from the interior of the building it serves without crossing or entering any other required off-street loading space, off-street parking space, or circulation area. Such loading spaces shall be arranged for convenient and safe ingress and egress by motor truck and trailer. 4. All loading spaces shall be paved. (Ord. No. 2013-44, § A, 12-17-13; Ord. No. 2021-14, Pt. A, 6-1-2021) 7.06.03. Relief. A. Administrative Relief for Developments under six thousand (6,000) SF. The Planning and Development Services Director may grant administrative relief from the parking standards or the required amount of paved surface for off-street parking and vehicle use areas including vehicular use areas(Development< six thousand(6,000) square feet)based upon a written request for such administrative relief and an analysis submitted by the applicant. The analysis must demonstrate that the required amount of paved surface for off-street parking and vehicle use areas is unnecessary or not practical to construct because of environmental considerations, such as micrositing for large trees, for mass transit considerations, such as providing transit stops in an area to be served with mass transit services, and superior design considerations determined by exceeding the minimum requirements of the Land Development Code. Requests for administrative relief from the paved surface requirements shall meet the following standards: 1. Lands within the Urban Service Boundary: a. The alterative off-street parking or vehicular use area shall not be visible from any the adjacent right-of-way; b. The alternative off-street parking or vehicular use area shall not be utilized for a public use; 2. Lands outside of the Urban Service Boundary: a. Alternative off-street parking or vehicular use areas shall not be permitted for any operation involving retail lands. St. Lucie County Land Development Code Supp. No. 20 7:74 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.06.03 The Public Works Department shall review the request for administrative relief from the paved parking surface requirements and provide the Planning and Development Services Director with a written recommendation based on the standards set out in this section. The Public Works Department may require the applicant to provide an engineered solution to any adverse impacts that the request for a waiver may create. If it is determined by the Planning and Development Services Director that it is not possible to meet the parking stall width requirements of this Code due to the size or configuration of the existing parcel, the Planning and Development Services Director may grant administrative relief, subject to determining consistency with the Standards of Review set out in Section 10.01.02, to the parking stall width to be required. Any such administrative relief shall be specific to the parcel or property in question and shall be the minimum necessary to address the particular problem. Any such administrative relief shall include specific findings of fact and shall be issued in a manner and form that is acceptable to the County Attorney. Any determination for relief that is made by the Planning and Development Services Director shall be recorded in the public records of St. Lucie County. B. Context Sensitive Parking. Within downtowns and walkable scale communities having mixed uses, on-street parking, and which may also include parking structures or common parking lots, on-site parking for each building may not be required when all of the required parking for the land use proposed in the building is provided within six hundred (600) feet of the building, and is not dedicated to another land use, except that shared parking agreements permitted by Section 7.06.02(B)(3) shall be allowed. Parking requirements for mixed use downtown and walkable scale mixed use areas shall be computed for general retail land uses using the shopping center parking standard. All other land uses and retail land uses that have parking rates that exceed the shopping center rate shall have their parking requirements computed at their parking generation rates and added to the basic retail shopping center requirement. Reductions may be made for land uses that enter into shared parking agreements. The total parking requirement must be met by a combination of on-street parking, off-site common parking facilities, shared parking (if used), and on-site parking. All on-street parking proposed within a public right-of-way shall require the issuance of a right-of-way use permit by the County Engineer prior to any land clearing or construction of pavement marking, whichever comes first. This section does not authorize on-street parking on public right-of-way but only gives credits for the reduction of on-site parking when properly approved on-street parking is available,as provided herein. The total parking requirement derived as required herein may be reduced by up to twenty percent (20%) by the Planning and Development Services Director for equivalent facilities that provide for transit access and sheltered transit stops, park-and-ride facilities, remote parking with motorized access between parking and destination, and/or bicycle parking and movements, or other modes of ground transportation not included herein (e.g., golf cart paths). C. Combined Properties Used for Off-Street Parking. Two(2)or more owners or operators of buildings, structures, or uses requiring off-street parking facilities may make collective provisions for such facilities, provided that the total of such parking spaces when combined St. Lucie County Land Development Code Supp. No. 20 7:75 Adopted May 19,2009 7.06.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE or used together shall not be less than the sum of the requirements computed separately,and provided further that no off-site parking space shall be greater than six hundred (600) feet from any building it is designated to serve. D. Shared Off-Street Parking Areas. Where, in the determination of the Planning and Development Services Director, the required number of spaces is excessive for a specific building or facility requiring site plan approval,and the owner of the property has submitted to the Planning and Development Services Director an enforceable restriction of use, the Planning and Development Services Director may authorize the use of shared parking facilities effectively reducing the number of required parking spaces. In no case however, shall less than seventy-five percent (75%) of the required off-street parking spaces be provided. The purpose of this provision is to allow land uses located within a unified development or on adjacent lots to enter into agreements to use parking spaces at different times of day which correspond to their different hours of operation. When shared parking agreements are applied in approving site plans, no land uses can be permitted that exceed the maximum allowable parking demand at the prescribed times of day, even though the initial land uses may eventually be proposed to be changed. Additional parking may have to be constructed in order to accommodate new land uses proposed to be operating simultane- ously during the day or evening. Restrictions on the parking generation rates and times of use of the affected buildings shall be required to be recorded in the public records of St. Lucie County,Florida,and may be in the form of restrictions contained within a development order or development agreement,or in such other form as the Planning and Development Services Director may prescribe with the approval of the County Attorney required for all standard and special forms used for this purpose. E. Provision of Reserved Parking Areas. Where,in the determination of the Planning and Development Services Director, the required number of required parking and loading spaces is excessive for a specific use, the owner or agent may substitute landscaping in lieu of paving provided said areas are reserved for future parking and loading should the County find those spaces are needed, and further provided: a. The owner of the land upon which such parking is being reserved shall enter into a written agreement with St. Lucie County which shall include a schematic portrayal as to how the required parking and loading areas can be provided with the County, to be filed with the Clerk of the Circuit Court, with enforcement running to the County ensuring that the reserved parking and loading area shall never be encroached upon, used, sold, leased, or conveyed, for any purpose except in conjunction with the building or use which the reserved parking area serves so long as the off-street parking facilities are required. b. The owner of the land upon which such reserved parking and loading area is located agrees to bear the expense of recording the agreement which shall bind his/her heirs, successors, or assigns. St. Lucie County Land Development Code Supp. No. 20 7:76 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.06.03 c. The written agreement shall be voided by the County if the reserved parking and loading area is converted to usable parking area or if the reserved parking area is no longer required. d. No handicapped parking areas may be included within a reserved parking area. (Ord. No. 2013-44, § A, 12-17-13; Ord. No. 2021-14, Pt. A, 6-1-2021) L St. Lucie County Land Development Code Supp. No. 20 7:77 Adopted May 19,2009 [The next page is 7:831 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.09.04 fence. The remaining forty(40)percent of the required perimeter tree plantings shall be located on the inside face of the wall or fence. Existing native vegetation may be used to satisfy all or part of the landscape planting requirements of this paragraph upon the approval of the Environmental Resources Director. All fences or walls shall be treated with an anti-graffiti surface treatment. It shall be the responsibility of the property owner to removal any graffiti that may be applied to the wall or fence. In addition, the owner shall be responsible for the maintenance of all landscaping along both the inside and outside edge of any wall or fence. This landscaping shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance free from refuse and debris. Maintenance shall include the replacement of all unhealthy and dead material within sixty (60) days in conformance with the approved site plan/or landscape plan. Violations of this section, or failure to maintain all required landscaping shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The sixty-day rule for compliance may be extended, when necessary, by the Environmental Resources Director or his/her designee to permit recovery from acts of nature such as a hurricane or a freeze. Masonry walls or opaque wood fences may be located within any required yard, consistent with the provisions of Section 8.00.00 of this Code. The requirement for this perimeter masonry wall or opaque wood fence may be waived by the Environmental Resources Director if it is shown to the satisfaction of the Environmental Resources Director either that the adjoining properties owners have signed a consent that indicates their desire not to have the required masonry wall or opaque wood fence constructed along their property line, or that the Environmental Resources Director determines that a waiver is necessary to preserve any significant, protected or historic native vegetation. The Environmental Resources Director may reduce the eight (8) foot height requirement down to six (6) feet, if it shown that adjoining property owners have signed a consent form that indicates their desire to reduce the height of the required masonry wall or opaque wood fence constructed along their property line. In the event that any such consent is issued, the owner of the property on which the nonresidential development is taking place shall need to comply with the standards of Section 7.09.04(B) of this Code as those standards relate to perimeter screening. All other landscaping provisions of this Code shall apply as applicable. Pedestrian access through any wall or fence may be permitted, however, the wall or fence shall be placed so that adequate sight distance at the pedestrian access is maintained. Any wall or fence constructed adjacent to a public or private street right-of-way shall be designed and constructed so that the wall face facing the street or road is articulated in such manner as not to result in a continuous flat wall surface facing the street or road right-of-way. Figure 7-31 generally depicts the placement of a fence or wall along a public or private street right-of-way. St. Lucie County Land Development Code Supp. No. 20 7:105 Adopted May 19,2009 a 7.09.04 ST. LUCIE COUNTY LAND DEVELOPMENT CODE0 For the purpose of this section, non-residential uses shall not include any permitted or accessory use located in the institutional(I)or Religious Facilities(RF) Zoning District, except that a perimeter buffer area between any residential zoning district and a permitted or accessory use in the Institutional (I) or Religious Facilities (RF) Zoning District, shall consist of a landscaped masonry wall, opaque wood fence,hedge or other durable landscaped barrier of at least six(6)feet in height that forms a continuous screen between the uses. If a masonry wall or other non-living material screen is used to provide this required buffer, the masonry wall or other non-living material screen shall be landscaped with a continuous hedge along the base of the wall and with one (1) tree for each thirty (30) linear feet or major fraction thereof of wall length. All required perimeter landscaping shall be located along the outside of the wall. It shall be the responsibility of the property owner to maintain all landscaping along the outside edge of any wall consistent with the requirements of this Code. If vegetative landscape screens are installed, they shall be required to form a solid visual screen at time of planting. When existing vegetation is inadequate to function as a visual screen,it shall be augmented by two (2) staggered rows of shrub material at least six (6)feet in height. To the extent permitted under Section 7.09.03(E)(7)of this Code,the Environmental Resources Director shall encourage the use of preserved native vegetation as meeting the intent and requirements of this Section. When making such a determination, the Environmental Resources Director shall attach a report to the building plans or development permits, with supporting photographs or other acceptable documentation, that indicates how the existing native vegetation meets the intent of this Section. The Environmental Resources Director may require a conservation easement or similar restrictive covenant,if the easement or covenant is necessary to ensure compliance with the terms of this section. Any developer seeking to utilize the provisions of Section 7.09.03(E)(7) to meet the requirements of this Section shall be required to maintain this native preserve area in perpetuity. If this preserve area is ever substantially altered or removed so that it no longer meets the intent of this Section, the developer shall be required to meet in the screening requirements of this Section. The provisions of this Section, excluding the maintenance requirements may be varied by the Environmental Resources Director for any minor or major site plan, Planned Development Project (PUD, PNRD, or PMUD) if it shown through the Preliminary and Final Development Plan review process that the intent of this Section is being complied with and that all other applicable provisions of this Code are being met. A waiver of the provisions of this section shall require the approval of the Board of County Commissioners. F. Off-Street Loading Spaces and Waste Receptacles. All off-street loading spaces and waste receptacles shall be fully screened from any residential use by a uniformly colored, solid visual and auditory barrier of not less than six(6)feet in height, or a 41110 densely planted landscape screen consisting of evergreen shrubs or trees that shall St. Lucie County Land Development Code Supp. No. 20 7:106 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.09.04 be at least four(4)feet in height when planted and that can be expected to reach at least six (6) feet in height within eighteen (18) months. The screening shall extend the full length of any loading facility with openings as required for ingress and egress; however, there shall not be greater than twenty percent (20%) open space within the screen. G. Existing Off-Street Parking and Loading Lots. When an off-street parking or loading lot existed as of the effective date of this Code and such off-street parking lot is enlarged in area or capacity, the entire parking lot, both old and new, shall comply with this Code. L Su No. 20 St. Lucie County Land Development Code pp• 7:106.1 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.09.04 largest plant sizes available if the listed plant material is unavailable in the sizes set forth in Section 7.09.03(E)(2) and (3). Each type of required landscaping, such as trees, shrubs, vines, and lawn areas shall be calculated separately, and each type shall meet the required percentage minimum of plant materials. COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME GRASSES Broomsedge Bluestem Andropogaon virginicus Lopsided indiangrass Sorghatrum secundum Arrowfeather threeawn Aristida purpurascens Pinewoods Dropseed Sporobolus junceus Wiregrass Aristida stricta Panicum Needleleaf Dichanthelium acicu- lare Purple Lovegrass Eragrotis spectabilis GROUND COVER Blanket Flower Gaillardia pulchella Runner Oak Quercus pumila Yellow Jessamine Gelsemium sempervir- Goldenrod Solidago app. ens Blue-eyed Grass Sisyrinchium spp. Spiderwort Tradescantia app. Beach Sunflower Helianthus debilis Ironweed Veronia app. 410 St. John's Wort Hypericum spp. Bear Grass Yucca filamentosa Gopher apple Liciania michauxii Portulaca Portulaca pilosa SHRUBS Hawthorne Crataegus spp. Myrtle Oak Quercus myrtifolia Carolina Holly Ilex ambigua Scrub Palmetto Sabal etonia Yaupon Holly Ilex vomitoria Saw palmetto Serenoa repens Fetterbush Lyonia lucida Sparkleberry Vaccinium arboreum Chapman Oak Quercus chapmanii TREES Scrub Hickory Carya floridana Wild Olive Osmanthus americana Pignut Hickory Carya glabra Sand Pine inus clausa Juniperus silicicola Southern Red Cedar Live Oak Quercus virginiana O. Administrative Relief from the Provisions of this Section. The Environmental Resources Director may allow alternative landscaping where it is determined based upon a showing by the applicant for any Final Development Order, that a literal application of these regulations will not meet the general spirit and intent of this Code as a result of use, traffic patterns, drainage or other issues of configuration. The alternate landscape proposal may include changes to species, plant sizes, landscape area dimensions,quantities,planting schedules,and surety requirements; as long as the overall project meets the environmental enhancement and aesthetic St. Lucie County Land Development Code Supp. No. 20 7:117 Adopted May 19,2009 7.09.04 ST. LUCIE COUNTY LAND DEVELOPMENT CODE intent of the Land Development Code and the alternatives provide comparable visual and/or noise screening. Any area landscape plan submitted as an alternative shall be designed in such a manner that the alternate landscape area and the amount of material provided equal the amount that was originally required, unless it is determined by the Environmental Resources Director that additional landscaping is required for that alternative to meet the minimum visual and noise screening requirements and environmental and aesthetic intent of the Land Development Code. The Environmental Resources Director may solicit comments from adjoining property owners for alternative screening proposals. (Ord. No. 07-054, Pt. B, 12-11-2007; Ord. No. 09-007, Pt. A, 9-1-2009;Ord. No. 12-003, Pt. G, 5-15-2012; Ord. No. 2021-14, Pt. A, 6-1-2021) 7.09.05. Removal of Exotic Vegetation. A. General. 1. Any developer submitting a site plan for site plan approval or in conjunction with a Conditional Use Permit, Planned Unit Development, Planned Non-Residential Development, or Planned Mixed Use Development shall be required to remove, and chemically treat any remaining stumps, of all of the exotic vegetation listed as a "Category I" in the latest edition of the Florida Exotic Pest Plant Councils "List of Invasive Species." 2. No person shall plant or cause to be planted or permit to be planted,anywhere within the area of unincorporated St. Lucie County, any species listed as a "Category I" in the latest edition of the Florida Exotic Pest Plant Councils"List of Invasive Species." B. Exotic Pest Plants;Maintenance and Removal. 1. Nuisances declared and prohibited: a. It is found and declared to be expedient and necessary to the preservation of the public health,comfort,safety and welfare of the inhabitants of St. Lucie County that all lots in recorded subdivisions of St. Lucie County,outside of municipali- ties,be required to be kept free from any species listed as a "Category I" in the latest edition of the Florida Exotic Pest Plant Councils "List of Invasive Species," which, by reason of height, proximity to neighboring structures, physical condition, or other peculiar characteristics,might cause damage to life or property within the immediate area surrounding the same. The existence of vegetation which create a hazard is declared to be a public nuisance. Erosion control measures or reseeding of the area from which the exotic vegetation was removed may be required. b. No person shall plant or cause to be planted or permit to be planted, anywhere within recorded subdivisions of unincorporated St. Lucie County, any species listed as "Category I" in the latest edition of the Florida Exotic Pest Plant Councils "List of Invasive Species." St. Lucie County Land Development Code Supp. No. 20 7:118 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.02 B. Exceptions. 1. Exceptions to this prohibition shall be for the display of motor vehicles,marine craft, aircraft, recreational vehicles, mobile homes, farm and construction equipment and vehicles, farm and garden supplies, stone products, any other products designed for outdoor use, and the location of dispensing equipment and devices. None of these displays may be located in any required off-street parking area, a required off-street loading area, any required landscape area, designated environmental protection area or any adjacent public right-of-way. All display areas shall be properly screened as provided for in Section 7.09.00 of this Code. 2. The display of merchandise at the entry to any retail establishment shall be permitted provided that the merchandise displayed is limited to the width of the business stores frontage; the merchandise displayed is located on the sidewalk immediately adjacent to the stores primary street/parking lot frontage;the display of merchandise does not extend more than ten(10)feet from the wall of the commercial building;that a minimum six-foot wide pedestrian path is to be maintained along the sidewalk in front or,or adjacent to the business;and that the displayed merchandise is not located or placed in any traffic or access aisle,parking space,landscaped area, required fire lane or other emergency access path and does not obstruct any fire hydrant or other fire service connections. 3. Outdoor eating areas are permitted as an accessory use to any permitted eating establishment in any commercial zoning district, subject to the following standards: a. The outdoor eating area does not occupy an area greater than fifty percent (50%) of the building area of the business or use to which the eating area is accessory; b. The outdoor eating area is not located in any required yard, parking area, service area, landscape area, drainage area or public right-of-way; c. If the outdoor eating areas is located along, or astride, a sidewalk or other pedestrian accessway, a minimum six-foot unobstructed passage shall be maintained through the outdoor eating area. This requirement may be increased if it is determined by the appropriate public safety authorities to be necessary for adequate pedestrian movement and emergency services access; d. All outdoor eating areas shall be designed and located in such a manner as to prevent them from becoming a nuisance to any adjacent property or use. All outdoor eating areas shall be located so that there are no adverse noise, lighting,trash or other negative impacts onto any adjacent property or use;and, e. All outdoor eating areas shall provide for adequate off-street parking. All parking computations shall be as if the outdoor eating areas were fully enclosed. St. Lucie County Land Development Code Supp. No. 20 7:121 Adopted May 19,2009 7.10.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 7.10.03. Animals in Residential Districts. A. Exempt as provided in this section,no animals shall be kept in any residential district except those animals generally recognized as household pets,such as dogs,cats,caged birds, etc. In any residential district, no more than a total of five (5) dogs and/or cats four (4) months or older shall be allowed in each dwelling unit. For the purpose of this section, "residential districts" shall not include the following: AG-1; AG 2.5; AG-5: AR-1 with agricultural classification pursuant to F.S. § 193.461;or PUD where livestock is permitted. An exemption to this section is granted by Section 7.10.03.D. — Backyard chicken- keeping One-Time Registration Holder Program. The holder of a valid backyard chicken- keeping registration is allowed up to a maximum of five (5) chickens on an occupied residential estate single family zoning district property in RE-1 and RE-2 zoning districts, and on an occupied single-family residential zoning district property within the RS-2,RS-3, RS-4 zoning districts, excluding the River Park Subdivision that is partially subject to an overlay district that encourages redevelopment to improve the area that suffers from deficiencies and has not developed as a result of changing market conditions. B. In the AR-1 district,animals other than household domestic pets may be kept provided they are not housed within one hundred (100) feet of any property line. C. In the RE-1 and RE-2 districts, horses may be kept provided that: 1. The property is at least two (2) acres; 2. No more than two (2)horses are kept; 3. The horses are for the private and personal use of the resident and his/her family; and, 4. The horses are to be stabled at least one hundred fifty(150)feet from any residence under separate ownership and three hundred (300) feet from the edge of the right-of-way of any street. D. Backyard Chicken-keeping One-time Registration Holder Program: 1. Purpose. The purpose of this One-time Registration Holder Program is to establish and implement a Backyard chicken-keeping program allowing residents to keep or raise chickens on a developed and occupied detached single-family residential properties subject to the terms and conditions of this program. For this section, the term "chicken" refers to female chickens only (i.e. hens). 2. One-time Registration and general conditions for backyard chicken-keeping in certain residential zoning districts. Persons desiring to participate in the backyard chicken- keeping program shall obtain a registration from the Planning and Development Services Department before keeping chickens. a. No more than one(1)registration holder for backyard chicken keeping shall be issued per developed and occupied single-family residential property. St. Lucie County Land Development Code Supp. No. 20 7:122 Adopted May 19,2009 410 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.12 (20)feet in width adjoining adjacent lot lines, and a greenbelt strip at least ten(10) feet in width adjoining street line. The greenbelt shall be composed of at least one(1) row of deciduous or evergreen trees and one (1) or two (2)rows of shrubs. 4. Junked or wrecked vehicles shall be stacked to a height of no more than twenty-four (24) feet. 5. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for conditional use. The application for conditional use shall not be considered complete until all minimum site plan criteria have been determined to be met. C. In the IH(Industrial Heavy)or U(Utility)zoning district,land clearing and yard trash recycling operations, that are engaged in the recycling and processing of land clearing and yard trash only, may be permitted as a conditional use subject to the following criteria: 1. Business operations authorized under this Section shall be limited to the recycling, processing and short term storage of land clearing and yard trash only,and shall not be permitted to recycle, process or store for any period of time construction or demolition debris, except for that construction or demolition debris that may otherwise be defined as land clearing debris or yard trash. 2. The total site area devoted to the recycling, processing and storage of land clearing and yard trash debris shall be at least five (5) acres, but no more than fifteen (15) acres. 3. The recycling yard, including all product receiving areas, shall be surrounded by a fence,wall,or opaque vegetative screening eight(8)feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20)feet in width adjoining all adjacent lot lines,and a greenbelt strip at least fifteen (15) feet in width adjoining any street line. The greenbelt shall be composed of at least one(1)row of deciduous or evergreen trees and one(1)or two(2)rows of shrubs. Maintenance of the fence, wall, or opaque vegetative screening shall be the responsibility of the property owner consistent with the other provisions of this Code. 4. All sides of each Individual debris storage (stockpile) areas shall be accessible by means of fire lanes. Fire lanes shall be a minimum of one and one-half(11/2)times the height of the pile, but in no case shall the fire lane be less than twenty (20) feet in width. A minimum one hundred-foot wide clear space shall be provided between Su No. 20 St. Lucie County Land Development Code pp 7:131 Adopted May 19,2009 7.10.12 ST. LUCIE COUNTY LAND DEVELOPMENT CODE every two(2)debris storage piles and there shall be a one hundred-foot wide fire lane at the end of each storage or.stockpile, regardless of overall length. Figure 7-29 depicts the general layout of the debris storage stockpile areas: The maximum length of an individual debris storage stockpile shall not exceed five hundred (500) feet. The maximum width of an individual debris storage stockpile shall not exceed one hundred(100)feet. The maximum height of any one(1)storage pile shall not exceed thirty(30) feet. All stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at intervals of no more than two hundred fifty (250) feet. No portion of the stockpile yard shall be less than two hundred(200)feet from any fire hydrant. Each fire hydrant shall provide for a minimum fire flow of seven hundred fifty (750) gallons per minute, unless otherwise provided for by the St. Lucie County Fire District. An area equal to fifteen percent(15%)of the total area occupied by the debris storage areas (stockpiles) shall be reserved for the emergency relocation of the stored materials should it be necessary for fire fighting purposes. This emergency storage area may not include any of the required minimu!n setbacks or separation corridors for the debris storage areas (stockpiles). This emergency storage area shall be adequately served with access to fire suppression resources, consistent with this11110 code. FIGURE 7-29 LAYOUT OF (LAND CLEARING AND YARD WASTE STORAGE PILES Storage Pile s 100' Storage Pile Storage Pile 100 foot clear space and fire lane �ItM) C. 500 fed Storage Pile S'toray7 Storage • Fire Lane 1 %times the pile height -not less less.han 30 feet wicth Storage Pile 100'\ Storage Pile ;:to'a;r PII 250 N.(Max.)-C.,yr„to: - 100' i Storage r i story;:P4Ic The total site area that may be covered with the debris storage areas (stockpiles), excluding the emergency stockpile area, shall not exceed sixty percent (60%) of the • gross area of the project site. St. Lucie County Land Development Code Supp. No. 20 7:132 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.12 5. Individual stockpiles shall be located at least one hundred(100)feet from any brush or tree line and shall be no closer than fifty (50) feet to any property line or street right-of-way line. 6. a. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean stabilized surface that is acceptable to the County. Stormwater controls and specific site elements shall be designed to prevent run-off from entering the processing and storage areas. b. The access aisles between the stockpiles must be constructed of either a concrete surface, asphalt surface, or other paved surface that is acceptable to the County. Alternative surfaces may be considered outside the Urban Service Boundary as approved by the Board of County Commissioners through the Conditional Use Permit. These surface materials may include, but are not limited to, asphalt millings, coquina rock, shell rock, and engineered surface products suitable for the expected vehicle loads and frequency of use. 7. All materials received into the recycling yard shall be rotated through the recycling yard within twelve(12)months of its acceptance and deposition in the recycling yard. 8. All land clearing and yard trash recycling operations shall submit as part of the application for Conditional Use permit a copy of Fire Prevention Plan for the specific 110 recycling operations that has been approved by the St. Lucie County Fire District, Fire Prevention Bureau. This fire prevention plan shall, at a minimum, address all requirements and recommendations of NFPA 46, Recommended Safe Practice for Storage of Forest Products, unless otherwise restricted further by this Code 9. All land clearing and yard trash recycling operations shall submit to an annual fire prevention inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire District, Fire Prevention Bureau. 10. All stockpiles shall be constructed and located so as to afford the opportunity to measure the internal temperatures of the land clearing materials in the stockpile in order to monitor fire hazard. 11. All vehicles used on the stockpile shall be of a type that minimizes the compaction of the stockpile. 12. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for Conditional Use. The application for Conditional Use shall not be considered complete until all minimum site plan criteria have been determined to be met. 13. Every land clearing and yard trash recycling operation, authorized under this section, shall establish a cash security fund, bond or provide the County with an irrevocable letter of credit based on the schedule below,to secure the cost of removing of all accumulated land clearing and yard trash debris from the site if it has been determined by the County Commission,following a duly noticed public hearing,that St. Lucie County Land Development Code Supp. No. 20 7:133 Adopted May 19,2009 7.10.12 ST. LUCIE COUNTY LAND DEVELOPMENT CODE the land clearing and yard trash recycling operation has been abandoned or recycling operations have ceased for period in excess of six (6) months, or of the Conditional Use Permit is revoked for any reason. The provisions of this paragraph shall not apply to any land clearing and yard trash recycling operation operated by any unit of local government within the County. Storage Yard Size Required Security 5 to 7.5 acres $ 50,000 7.5 to 12.5 acres $100,000 12.5 to 15 acres $150,000 14. Any lawfully, existing land clearing and yard trash recycling operation as of August 17, 1999, shall conform to the above described standards no later than January 1, 2001. In the event that any existing land clearing and yard trash recycling operation fails to meet the requirements of this section, the County shall pursue all available remedies to compel compliance with the provisions of this section and any other applicable provision of this code. 15. The Code Enforcement Board, shall be the responsible enforcement board assuring compliance with the provisions of this section and related sections within this Code. If the Public Works Director, in consultation with the County Administrator, or his/her designee,and County Attorney,determines that the Code Enforcement Board process would be an inadequate response to a given violation(s),the County Attorney may institute appropriate proceedings in a court of competent jurisdiction for prosecution of the violation(s) as provided by law. 16. The violation of any of the regulations, restrictions and limitations promulgated under the provisions of this section may be restrained by injunction, including a mandatory injunction and otherwise abated in any manner provided by law. 17. Nothing contained in this provision shall prohibit the board of county commissioners from enforcing its codes by any other means. 18. In the event that St. Lucie County is declared a federal disaster area following or as a result of either hurricane or freeze damage, the County Commission may suspend any or all of the standards above for the duration of the declared emergency in order to facilitate the removal of vegetative debris. 19. Vegetative yard trash or land clearing debris shall be removed within six(6)months or time needed to receive three thousand (3,000) tons or twelve thousand (12,000) cubic yards, whichever is greater. 20. If additional processing of vegetative yard trash or land clearing debris is proposed in addition to mulching, such activities will be subject to additional requirements imposed through the Conditional Use process to mitigate impacts. 21. All land clearing and vegetative yard trash recycling operations shall submit to an annual site inspection to be conducted by St. Lucie County Code Compliance to ensure conformity with the Conditional Use permit. If evidence of unpermitted St. Lucie County Land Development Code Supp. No. 20 7:134 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.14 materials is found within the stockpiles other than vegetative waste and other specific additives approved through the site-specific Conditional Use Permit, the subject permit shall be scheduled for the next available Board of County Commis- sioners meeting for a Revocation Hearing subject to the requirements of LDC Section 11.07.05(H) and the notice requirements of this Code. (Ord. No. 2021-012, Pt. A, 4-20-2021) 7.10.13. Sewage and Septage Treatment Facilities in Agricultural Zoning Districts. In the AG-1,AG-2.5 and AG-5 zoning districts,the establishment of a sewage and septage treatment facility may be authorized as a conditional use, subject to the following criteria: A. A minimum of ten (10) acres shall be required for all treatment facility sites. B. No structure, treatment storage area or treatment facility shall be located within fifty (50) feet of any property line or required base building line. C. All areas of development shall be fenced or walled. A minimum twenty-foot wide landscape barrier shall be provided around the perimeter of the treatment facility. This buffer shall contain at least one (1)tree for every thirty(30)linear feet around the perimeter. Trees, shrubs and hedges must comply with the requirements of 4111 Section 7.09.00. D. All entry and exit points must be gate controlled. All gates must be constructed with an opaque material. Except for business operation hours, all gates are to be kept closed and locked. E. A site plan of this facility must accompany the application for conditional use. F. In the event of municipal annexation of a site pursuant to Chapter 171, Florida Statutes, an application for a facility shall require review and approval by the County until the applicable provisions of the municipal comprehensive plan and land development regulations for the annexed site have been approved by the municipal- ity and determined to be in compliance pursuant to Part II, Chapter 163, Florida Statutes. 7.10.14. Restrictions on Heavy Vehicles in Residential Districts. A. Commercial Vehicles and Semitrailers Prohibited or Restricted in Residential Districts. 1. It shall be unlawful for any owner, agent, operator or person in charge of any commercial vehicle,or semitrailer,to park,stop,store or keep the same on any public street,avenue, alley or other thoroughfare or any right-of-way therewith within any residential district in the unincorporated areas for a period exceeding one(1)hour in any twenty-four (24) hour period, each such period commencing at the time of first stopping or parking unless a permit is first obtained from the St. Lucie County Sheriffs Department. Supp. No. 20 7:134.1 St. Lucie County LandDevelopment May Adopted 19,2009 7.10.14 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 2. It shall be unlawful for any owner or lessee of real property in any residential district in the unincorporated area to park on, cause to be parked 3 II St. Lucie County Land Development Code Supp. No. 20 7:134.2 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.16 c. For the purpose of this section, the maximum height of any onsite construction or the installation of any Recreational Vehicles, Travel Trailer, Detached Single-Family Residence, Class A Mobile Home including additions thereto, shall not exceed twenty-two (22) feet above finished grade or minimum flood elevation, whichever is higher. The maximum height of any structure shall be determined at the highest point of the roof. In the case of multiple roof lines,the maximum height of any structure shall be determined at the highest point of the highest roof structure or system. To the extent that the method of determining maximum building height as described in this paragraph conflicts with any other provision of this Code, the terms of this paragraph shall apply. Figure 7-34 illustrates a typical wall section example that is to be used in determining the maximum height of all buildings. Figure 7-34 ILLUSTRATIVE CROSS-SECTION - not to scale Thr ma•mttn warned bulldog height n 22 feet. 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Notwithstanding the other provisions of this Code, new construction or substantial improvement of any residential structure in any recreational vehicle park shall meet the requirements of the Flood Resistant Construction chapter of the current adopted Residential Florida Building Code. St. Lucie County Land Development Code Supp. No. 20 7:145 Adopted May 19,2009 7.10.16 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In those instances where the lowest structural member of the first habitable floor is located less than five(5) feet above finished grade, the outside perimeter walls may include solid wall construction from the finished grade to the top of the minimum base flood elevation. Any solid wall construction below the minimum base flood elevation shall fully conform to the applicable flood protection standards,as set forth in this code. e. Repealed. (Ord. No. 12-003) f. All onsite construction must meet the applicable Flood Damage Prevention regulations, Section 6.05.00, and the Florida Building Code, Section 13.00.00, requirements of this Code. g. All new or replacement Recreational Vehicles, Travel Trailers, Single-Family Residences, Class A Mobile Home and additions thereto are required to have a permit from the Growth Management Director prior to any placement or construction activity commencing. h. Plans for Single-Family Residences, and additions including wood decks shall be submitted to the Growth Management Director for approval. Where required under Section 13.00.02(c)(3), all plans must carry the seal of a registered Florida architect or engineer and must be accompanied by an affidavit from the architect or engineer stating that the structure meets or exceeds Standard Building Code requirements. Preapproved Master Plans may be utilized. i. Construction of an enclosure around a propane gas tank or other combustible prohibited. 2. An addition in existence on the effective date of this Code which does not meet the requirements established in this section shall be deemed a nonconforming structure and shall be subject to the provisions of Section 10.00.00. However, existing additions which pose a threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Firesafety Criteria for Mobile Home Installations, Sites, and Communities, NFPA 501A-1982,as applicable,must be brought into compliance or removed. The decision of the Fire Marshal may be appealed to the Board of Construction and Appeal. (Ord. No. 12-003, Pt. H, 5-15-2012; Ord. No. 2021-18, Pt. A, 7-6-2021) 7.10.17. Mobile Home Parks. A. Generally. Unless otherwise noted, the following standards shall be applied to all Mobile Home Park developments within unincorporated St. Lucie County. St. Lucie County Land Development Code Supp. No. 20 7:146 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.18 7.10.18. Airport Industrial Park—Special Regulations. A. Generally.All lands within the Airport Industrial Park, as more particularly described in Plat Book 12, Page 40, and Plat Book 20, Page 3, shall be subject to the Restrictions and Covenants of the Airport Industrial Park,as described in Port and Airport Resolution 87-17, and referenced, in part, below. B. Authorized Uses. Lands within the Airport Industrial Park may only be used for those uses identified in Section 3.01.03(T) of this Code. Accessory uses shall be subject to the provision of Section 8.00.00. C. Block 7 Restrictions. Unless otherwise permitted by the St. Lucie County Port and Airport Authority and the Federal Aviation Administration, no lot owner or lessee in Block 7, Airport Industrial Park, Unit One, is permitted unrestricted access to the St. Lucie County International Airport Grounds, Taxiways or Runway Systems. D. General Provisions. 1. No noxious offensive trade or activity shall be performed,nor shall anything be done on the premises which may be, or may become, an annoyance or nuisance to other occupants of the area by reason of unsightliness or the excessive emission of odors, dust, fumes, smoke, or noise. 2. No building permit or construction authorization shall be applied for until the St. Lucie County Port and Airport Authority has approved, by resolution, a site development plan for the proposed construction. For the purpose of these Covenants, all development plans,regardless of size,within the Airport Industrial Park shall be prepared in accordance with the requirements of Section 11.02.00, of this Code. 3. Those projects requiring standard site plan review, approval by the Board of County Commissioners is required prior to presentation before the St. Lucie County Port and Airport Authority. 4. No building permit or construction authorization shall be issued for any building or structure in the Airport Industrial Park until construction plans have been reviewed and approved by the St. Lucie County Port and Airport Authority. These plans should indicate the physical appearance of the proposed structure including an identification of all exterior coverings and/or painting schemes to be used. The purpose of this review is to maintain a harmony of external design and provide a visually appealing development. Structural review shall be conducted by the St. Lucie County Growth Management Director, following standard permit review procedures. E. Temporary Use and Structure. Unless otherwise permitted by the St. Lucie County Board of County Commissioners, and the St. Lucie County Port and Airport Authority, no temporary uses or structures, as identified in Section 8.00.00 of this Code, are permitted in St. Lucie County Land Development Code Supp. No. 20 7:149 Adopted May 19,2009 7.10.18 ST. LUCIE COUNTY LAND DEVELOPMENT CODE the Airport Industrial Park, except that construction offices, equipment and equipment storage facilities used during the period of construction of a permanent facility are permitted. F. Land Coverage. No building or structure may be placed, altered, or erected which covers more than fifty percent (50%) of the land area of the subject parcel. G. Building Setbacks. No building or projection thereof shall be placed,altered,or erected within forty (40) feet of the front line facing a street;twenty(20) feet of a side lot line and thirty (30) feet of each rear lot line. H. Of Street Parking. Off-Street parking shall meet the requirements of Section 7.06.00 of this Code. No loading dock or loading area may be located along any building or structure face having main street frontage. Provisions for the handling of all freight shall be along the sides or rear of the building or structure. I. Building Height. No building or structure may exceed a maximum height above existing grade of fifty (50) feet, unless further limited by other permitting agencies. All buildings,strictures,communication towers and ground station facilities must comply with all Federal Aviation Administration height restrictions and limitations. Prior to the issuance of any final development plan approvals by the St. Lucie County Port and Airport Authority,the developers shall have secured from the St. Lucie County Port and Airport Director,written approval that the proposed improvements do not conflict with any aircraft takeoff/approach clearance zones. J. Storage Area Regulations. No materials, waste, supplies or equipment shall be stored outside of the buildings constructed or erected onsite, unless the storage yard or area is screened in accordance with Section 7.09.00 of this Code. K. Landscaping. All landscaping shall be in accordance with the requirements of Section 7.09.00 of this Code, with the exception that: 1. No vehicular use area, except for driveways, shall be located within twenty(20)feet of the front property line or within ten (10) feet of any side or rear property line. 2. All required landscaped areas shall be irrigated. L. Billboards and Signs. All signage in the Airport Industrial Park shall comply with the requirements of Chapter 9 of this Code, except that: 1. No off-premises (Billboards) signs shall be permitted within the Airport Industrial Park. M. Change in Use. No change in use shall be permitted without the written approval of the St. Lucie County Port and Airport Authority. St. Lucie County Land Development Code Supp. No. 20 7:150 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.20 N. Enforcement. Enforcement shall be by proceedings at law or in equity against any person,firm or corporation violating or attempting to violate any covenant,either to restrain violations or to recover damages. The provisions of this resolution may also be enforced and administered through the Office of the St. Lucie County Growth Management Director. Violation of the Protective Covenants mayresult in enforcement proceedings before p g the St. Lucie County Code Enforcement Board. (Ord. No. 2021-14, Pt. A, 6-1-2021) 7.10.19. Outdoor Shooting Ranges. Outdoor shooting ranges shall be subject to the following supplemental regulations: A. A minimum lot size of five (5) acres is required. B. Outdoor shooting ranges shall not be allowed within 2500 feet of a school, church, public park, or playground, except that a temporary church or a vocational or trade school located in CG (Commercial, General) zoning shall not be included in this prohibition. Measurement between a shooting range and any public park or playground, school, or church shall be in a straight line from nearest corner of the shooting range to nearest corner of the lot on which the park, playground, school, or church is located. C. A site plan shall be submitted in accordance with Sections 11.02.07 through 11.02.09 of this Code. D. Site plan review shall consider berming,proximity to roads and homes,line of sight, and line of sound. 7.10.20. Bed and Breakfast Residences. A. Generally. In the RE-1, RE-2, and HIRD Zoning Districts a Bed and Breakfast Residence is permitted as a Conditional Use subject to Section 11.07.00 and the require- ments of this Section. A Bed and Breakfast Residence is also permitted by right or as a conditional use on certain lot types as identified in the PTV and PRW zoning districts. A Bed and Breakfast Residence may also be approved as a Conditional Use in any other zoning district if the structure is listed on the National Register of Historic Places or is a contributing structure, as defined in the Code of Federal Regulations. Unless exempt, Historical structures are subject to the provisions of this Section. B. Minimum Standards. 1. The following requirements shall apply to all Bed and Breakfast Residences: a. The Bed and Breakfast Residence must be secondary to the use of the premises for dwelling. All operators of a Bed and Breakfast Residence must own and occupy the building where said use will occur as their principal residence. Separate structures, accessory building and garages are not permitted to be used as living units or sleeping rooms. St. Lucie County Land Development Code Supp. No. 20 7:151 Adopted May 19,2009 7.10.20 ST. LUCIE COUNTY LAND DEVELOPMENT CODE b. Only a singular sign, for the purposes of identification, no advertisement shall be permitted. Identification sign shall not exceed four (4) square feet in area and shall not be illuminated. c. The maximum number of guest rooms made available for rent shall be five(5). d. One(1)off-street parking space shall be provided per guest room. All off street parking shall meet the minimum design criteria of Section 7.06.00. e. No food preparation or cooking shall be conducted within any bedroom nor other individual rented rooms. Meals shall only be provided to overnight guests, unless the conditional use approval specifies provisions for food service to the general public. f. The exterior appearance of the structure shall not be altered from its single-family character. g. Guests are limited to a length of stay no longer than thirty (30) consecutive days. C. Restrictions. Unless it is designated a Hotel or Motel, and then only if it is located in accordance with the provisions of the CG, or HIRD, PTV, or PRW zoning . istricts, no structure shall be constructed for the sole purpose of being used as a Bed and Breakfast Residence; and no existing structure shall be enlarged or expanded for the purpose of providing additional rooms for guest occupancy. 7.10.21. Off-Road Vehicle Parks. A. Intent. The intent of this section is to prevent the widespread and unnecessary destruction or degradation of private property and the Region's natural systems through the unregulated use of Off-Road Vehicles. This Section does not permit go-cart raceway operation or go-cart rentals (Standard Industrial Classification 7999) within the AG-5 zoning district. B. Generally. Private landowners may apply for permission to develop trails for use by off-road vehicles. These defined trails would limit the destruction and degradation of natural systems and wildlife values, while at the same time providing off-road vehicle users a suitable place to enjoy this growing sport. In the AG-5 (Agricultural - 5) zoning district, amusement and recreational services for off-road vehicle use may be permitted as a conditional use subject to the criteria set forth in Sections 6.02.01(C)(3), Protected Species, 6.02.04, Regulation of Motorized Vehicles in Environmentally Sensitive Areas, and Section 6.04.01, Native Upland Habitat Protection, and the following minimum requirements: 1. The property on which the off-road vehicle activity is to take place shall be at least one hundred (100) acres; 2. A site plan of this facility must accompany the application for conditional use; St. Lucie County Land Development Code Supp. No. 20 7:152 Adopted May 19,2009 01110 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.21 3. An Environmental Impact Report as defined in Section 11.02.09(A)(5) shall be satisfactorily completed; 4. No removal of county-protected vegetation shall occur; 5. A buffer zone of native upland edge vegetation shall be provided and maintained around all wetlands as defined in Chapter II of this code which are constructed or preserved on new development. The buffer zone may consist of preserved or planted vegetation but shall include canopy, understory, and ground cover of native species 411) L' St. Lucie County Land Development Code Supp. No. 20 7:152.1 Adopted May 19,2009 till. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.23 4. A statement that the proposed tower, including reception and transmission func- tions, will not interfere with the customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and nonresidential properties. 5. Non-interference with Public Safety Telecommunications Facilities. A wireless communications facility shall not create interference with any public safety telecom- munication facility. Any application for a wireless communications facility or tower pursuant to this article shall include a certification from a licensed engineer that the proposed facility is not expected to interfere with or obstruct transmissions to and from existing public safety telecommunications facilities. In the event that an authorized County official determines that a proposed wireless communications facility or tower interferes with a public safety telecommunications facility or public safety communications,the official may recommend denial of the application and set forth in writing the reasons for the recommendation of denial. In the event that a constructed wireless communications facility or tower does interfere with public safety telecommunication facilities, it shall be the responsibility of the owner and/or permittee of the wireless communications facility or tower which creates the interference or obstruction to make all necessary repairs, and/or accommodations to alleviate the problem at the owner/permittee's expense. The County shall be held III harmless in this occurrence. To the extent not inconsistent with applicable law,if the service provider refuses to rectify interference within twenty-four (24) hours of receiving notice, said violation shall be considered a zoning violation and all applicable remedies thereto may be imposed for such violation. In addition, the County may,in addition to the foregoing,file a complaint with the FCC for resolution and/or seek an injunction and pursue other actions including criminal sanctions against the service provider pursuant to Florida law,including but not limited to F.S. §§ 843.025 and 843.165. Any person who is found to have violated this article shall be subject to sanctions as provided by applicable law. 6. A statement of compliance with Section 7.10.23(E), all applicable Building Codes, associated regulations and safety standards. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the telecommunications tower. Except where provided herein, all towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two (2) users and, at a minimum, self-support/lattice or guyed towers shall be able to accommodate three (3) users. 7. Any additional information reasonably deemed necessary by the County to assess compliance with this Code and applicable law. 8. Special fee. The County shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for IIII individual towers. The special fee shall be based upon the hourly rate of the independent technical consultant or expert the County deems necessary to properly St. Lucie County Land Development Supp. No. 20 7:165 Adopted May 19,2009 7.10.23 ST. LUCIE COUNTY LAND DEVELOPMENT CODE evaluate applications for a tower or towers. The special fee shall be applied to those applications requiring special review or evaluation. The special fee shall be paid by the applicant to the County. G. Aesthetics. All telecommunications towers and antennas shall meet the following requirements: 1. At a telecommunications tower site, the design of the buildings and related structures shall use materials, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact. Towers and any accessory buildings shall retain their silver/grey factory finish, or subject to any applicable standards of the FAA, be finished or painted in stealth or neutral tone colors, so as to reduce visual obtrusiveness. 2. Except as noted in paragraphs 3 and 4 below; all telecommunications tower sites must comply with the landscaping and screening requirements of the Land Development Code. The Environmental Resources Director shall require landscap- ing in excess of any written requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. All landscaping shall be properly maintained to ensure good health and viability at the expense of the owner. Telecommunications tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunica- tions tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least ten(10)feet wide outside of the perimeter of the compound, except that, if the tower compound perimeter abuts a public or private street or public right-of-way, the minimum buffer width shall be fifteen (15) feet. Existing mature growth, not including exotics, and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large,wooded lots, natural growth around the property perimeter may be a sufficient buffer. The Environmental Resources Director shall be responsible for determining if the existing native perimeter vegetation meets the intent of this Code. All areas disturbed during project construction shall be replanted with vegetation according to Section 7.09.00, of this Code. 3. If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. 4. The Environmental Resources Department Director may consider total or partial relief from the required perimeter landscaping requirements of paragraph 2 above,if the proposed telecommunications tower meets all of the following standards and criteria: a. The telecommunications tower is located in an AG-5,AG-2.5,AG-1,IL,IH or U Zoning district. St. Lucie County Land Development Code Supp. No. 20 7:166 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.23 b. The proposed telecommunications tower is located a minimum of one thousand (1,000) feet, or the tower height, whichever is greater, from the nearest public street or road right-of-way, public park or playground, public or private school (primary or secondary educational facility), habitable residential structure or any area zoned for residential or commercial uses. For the purpose of this paragraph this restriction shall apply to all properties regardless of political boundary. c. The proposed telecommunications tower base must be screened from view by either existing vegetation,intervening buildings,structures or other physical or made features meeting the intent of this code. d. It is demonstrated to the satisfaction of the Environmental Resources Director that the planting of any vegetation would result in the high probability of general plant mortality due to unacceptable soil conditions that cannot otherwise be resolved through replacement of the soil or other form of soil treatment. In considering any request for relief under the provisions of this section,the Environmental Resources Director may impose reasonable limiting conditions associated with that relief. 5. The provisions of this paragraph shall not apply to wireless facilities erected or attached to any existing telecommunications tower or existing building or structure except that any support buildings or structures for the additional antenna or antenna arrays must be screened compliant with the intent of this code. 6. The County reserves the right to require that any new towers be designed as stealth or camouflaged tower. All new telecommunications towers,equipment buildings,and antennas in a residential zoning district must be stealth or camouflaged. 7. Cell on Wheels ("COW"). Notwithstanding any other provisions of this Section 7.10.23, the County Administrator may allow the installation of a cell-on-wheels in accordance with the following: a. During documented states of emergency as declared by the County Administra- tor; b. To continue the provision of personal wireless service during construction or maintenance of a wireless communications facility; c. For testing purposes; d. For special events; or e. As otherwise authorized by the FCC. The County Administrator is limited to allowing the installation of each cell-on- wheels for up to ninety (90) total days. Approval by the County Administrator of a COW on County property shall not convey any title, equitable or legal, in County property. The Board of County Commissioners may extend the period of time in which a cell-on-wheels is allowed for good cause by resolution. The owner of the Supp. No. 20 7:167 St. Lucie County Landa p Adopted May 19,2009 7.10.23 ST. LUCIE COUNTY LAND DEVELOPMENT CODE cell-on-wheels shall agree to indemnify the County and shall provide appropriate evidence of insurance and the fund in compliance with subsection H of this section. H. Security Fund. Every telecommunications service provider shall establish a cash security fund,or provide the County with an irrevocable letter of credit in the same amount, to secure the cost of removing an antenna,antenna array,or tower that has been determined to be abandoned under Section 7.10.23(R), in the event the owner fails to comply with the provisions of Section 7.10.23(R). The amount of the cash security fund or letter of credit to be provided as follows: 1. For each commercial telecommunication tower, cell-on-wheels, and the initial set of antenna or antenna array $25,000.00 2. For each co-located telecommunication provider's antenna or antenna array 5,000.00 I. General Requirements for the Location of New Wireless Telecommunications Towers on County Property. In addition to the other standards of this section,every new telecommunica- tions tower proposed for location on any property owned, leased, and/or controlled by St. Lucie County shall be subject to the following minimum standards: 1. Lease Required. Any new construction,installation or placement of a telecommunica- tions facility on any property owned, leased, and/or controlled by the County shall require a lease agreement executed by the County and the owner of the facility. Notwithstanding any provision in the County Code to the contrary, subject to applicable state and federal law, telecommunications towers shall not be allowed in the public rights-of-way controlled by the County. The County may require, as a condition of entering into a lease agreement with a telecommunications services provider,the dedication of space on the facility for public health and safety purposes, as well as property improvements on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease. 2. Incentive to collocate facilities on County property. Pursuant to the intent of this ordinance, the County shall provide the following incentives to tenants in order to encourage the collocation of telecommunications facilities on County-owned property: a. The County shall not require that proposed tenants seeking to co-locate on wireless towers on County-owned property pay rent to the facility owner in excess of the fair market value for the space, as determined at the time of execution of the lease. b. The County may receive a percentage of the rental fees received by the telecommunications facility operators from each subsequent tenant at a single telecommunications facility located on County property consistent with such lease or sublease of County-owned property. Fees for placement, installation and use of telecommunications towers and antennas shall be determined by resolution of the Board. St. Lucie County Land Development Code Supp. No. 20 7:168 Adopted May 19,2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.24 applicable county, state and federal requirements, as amended including but not limited to the Florida Building Code, County Code, National Electric Code and FCC regulations. 6. Notwithstanding provisions rovisions of this subsection, existing amateur radio antennas and their support apparatus installed prior to the effective date of thi s Ordinance shall be allowed to continue operations and to undergo routine maintenance without having to comply with the provisions of this Ordinance. Existing amateur radio antennas and their support structures installed prior to the effective date of this ordinance shall not require a permit unless they are being replaced or substantially modified. 7. The Board of County Commissioners recognizes that the amateur radio service is a voluntary, noncommercial communication service that plays an important role in providing emergency communications and hereby sets the fee for a building permit at two hundred forty dollars ($240.00). V. Penalties. Any person, firm or corporation who knowingly breaches any provision of this Section 7.10.23, as it may be amended shall upon receipt of written notice from the County be given a time schedule to cure the violation. Failure to commence to cure within thirty(30) days and to complete a cure, to the County's satisfaction, within sixty(60) days, or such longer time as the County may specify, shall result in revocation of any permit or license and the County shall seek any remedy or damages to the full extent of the law. This shall not preclude other penalties allowed by law. (Ord. No. 09-003, Pt. A, 1-20-2009;Ord. No. 2018-006, Pt. A, 5-15-2018;Ord. No. 2021-14, Pt. A, 6-1-2021) 7.10.24. Community Architectural Standards. A. General. The Interim Community Architectural Standards set forth in this section are to apply to all areas of the Unincorporated County as minimum criteria for all new construction or substantial expansion to existing buildings or structures in areas zoned Commercial Neighborhood,Commercial Office,Commercial General,Institutional,Religious Facilities, Planned Unit Development (Commercial Components Only), Planned Non- residential Development and Planned Mixed Use Development. These design standards are not intended to stifle imagination nor curtail variety but rather they are for the purpose of promoting a more attractive and unified community appearance. B. Site Plan Submission Standards. Application and Review Process Step 1: Submit Preliminary Conceptual Design Drawings and Site Plans to Planning Department. In addition to the items required for Site Plan Approval in the Land Development Regulations, the following additional items must also be submitted for review and comment. St. Lucie County Land Development Code Supp. No. 20 7:178.9 Adopted May 19,2009 40, 7.10.24 ST. LUCIE COUNTY LAND DEVELOPMENT CODE • 1. Submittal Requirements. Utilize the Design Standards Checklist provided within this document to indicate the selected design elements. Submit ten (10) sets of preliminary conceptual drawings which include a site plan, architectural elevations of front and sides of proposed building(s), sign plan and elevation, and exterior lighting locations and standards. Building elevations shall indicate building and roof form,windows,doors, materials/colors(include samples in • St. Lucie County Land Development Code Supp. No. 20 7:178.10 Adopted May 19,2009 CHAPTER XI ADMINISTRATION AND ENFORCEMENT 11.00.00 General Provisions;Public Notice Requirements 11.00.01. Purpose. 11.00.02. Withdrawal of Applications. 11.00.03. Notice. 11.00.04. Hearing Procedures. 11.01.00 Authorization by a Development Permit Required Prior to Undertaking Any Development Activity 11.01.01. Generally. 11.01.02. Prerequisites to Issuance of Development Permit. 11.01.03. Exceptions to Requirement of a Final Development Order. 11.01.04. Post-Development Order Changes. 11.02.00 Procedure for Review of Site Plans 11.02.01. Pre-Application Conference. 11.02.02. Designation of Minor Site Plan, Major Site Plan, or Preliminary Planned (1.,) Development Plan. 11.02.03. Review of Applications for Minor Site Plans. 11.02.04. Review of Applications for Major Site Plans. 11.02.05. Review of Applications for Planned Developments. 11.02.06. Expiration of Final Site Plan Approval. 11.02.07. Standards for Site Plan Review. 11.02.08. Conditions on Site Plan Approval. 11.02.09. Submittals for Minor and Major Site Plans. 11.02.10. Submittals for Planned Development Site Plans. 11.03.00 Procedure for Platting 11.03.01. Platting Requirements. 11.03.02. Review of Construction Plans and Preliminary Record Plats. 11.03.03. Review of Final Record Plat. 11.03.04. Procedure for Minor Replats and Lot Splits. 11.04.00 Guarantees and Sureties 11.04.01. Generally. 11.05.00 Procedure for Obtaining Development Permits 11.05.01. Building and Sign Permits. 11.05.02. Class A Mobile Home Permits. 11.05.03. Driveway Permits. 11.05.04. Reserved. St. Lucie County Land Development Code Supp. No. 20 11:1 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 11.05.05. Reserved. 11.05.06. Notice of Vegetation Removal Applications. 11.05.07. Stormwater Permits. 11.05.08. Airport Zone Permits. 11.05.09. Wastewater and Sewage Disposal Compliance Permits. 11.05.10. Wellfield Protection Operating and Closure Permits. 11.05.11. Mining Permits. 11.05.12. Wetlands Permits. 11.05.13. Local Permit not Exclusive. 11.06.00 Amendments to the Code and Official Zoning Atlas 11.06.01. Purpose. 11.06.02. Persons Entitled to Propose Amendments. 11.06.03. Standards of Review. 11.06.04. Procedures. 11.06.05. Action by Planning and Zoning Commission. 11.06.06. Action by Board of County Commissioners. 11.06.07. Time Limitation. 11.07.00 Conditional Uses 11.07.01. General Provisions. 11.07.02. Persons Entitled to Initiate Applications. 11.07.03. Standards for Review of Conditional Use Permits. 11.07.04. Conditions on Conditional Use Permits. 11.07.05. Application Procedures. 11.08.00 Development Agreements 11.08.01. Statement of Intent. 11.08.02. Procedure for Review of a Development Agreement. 11.08.03. Standards of a Development Agreement. 11.08.04. Execution of Development Agreement. 11.08.05. Amendment and Cancellation of Agreement by Mutual Consent. 11.08.06. Term. 11.08.07. Recordation and Effectiveness. 11.08.08. Periodic Review. 11.08.09. Effect of Contrary State or Federal Laws. 11.08.10. Enforcement. 11.09.00 Vested Rights 11.09.01. Intent. 11.09.02. Zoning Conformance. 11.09.03. Vested Rights. Clo) St. Lucie County Land Development Code Supp. No. 20 11:2 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.01.04 11.01.02. Prerequisites to Issuance of Development Permit. Except as provided in Section 11.01.03 below, a Development Permit shall not be issued unless the proposed development activity is authorized by a Final Development Order issued pursuant to this Code. 11.01.03. Exceptions to Requirement of a Final Development Order. A Development Permit may be issued for the following development activities in the absence of a Final Development Order issued pursuant to this Code. A. Development necessary to implement a valid site plan on which the start of construction took place prior to the adoption of this Code and has continued in good faith. Compliance with the development standards in this Code is not required if in conflict with the previously approved plan. B. The construction or alteration of a one- or two-family dwelling on a lot of record approved prior to the adoption of this Code. Compliance with the development standards in this Code is not required if in conflict with the previously approved plat. C. The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site. 111 D. The erection of a sign or the removal of protected trees on a previously developed site and independent of any other development activity on the site. E. The re-surfacing of a vehicle use area that conforms to all requirements of this Code. 11.01.04. Post-Development Order Changes. After a Preliminary or Final Development Order has been issued, it shall be unlawful to change,modify,alter,or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the Preliminary or Final Development Order. A modification may be applied for in the same manner as the original Preliminary or Final Development Order. A written record of the modification to a Preliminary or Final Development Order for a Conditional Use approval, Planned Development Final Site Plan Approval, Planned Development Preliminary Site Plan Approval, Major Development Site Plan Approval, Minor Development Site Plan Approval,Variance,Development of Regional Impact Develop- ment Order, Amendment to any portion the Comprehensive Plan, or Amendment to the Official Zoning Atlas, shall be entered upon the original Preliminary or Final Development Order and maintained in the files of the Growth Management Director. A written record of the modification to a Preliminary or Final Development Order for a Building Permit,Class A Mobile Home Permit,Mining Permit,or a Mobile Home(Tie Down) Permit, shall be entered upon the original Preliminary or Final Development Order and maintained in the files of the Public Works Director. St. Lucie County Land Development Code Supp. No. 20,Rev. 11:11 Adopted May 19,2009 11.02.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE ',go) 11.02.00. PROCEDURE FOR REVIEW OF SITE PLANS 11.02.01. Pre-Application Conference. A. Prior to filing for site plan review,the applicant is encouraged to meet with the Growth Management Director to discuss the development review process and to be informed of which staff members to confer with about the application. 11.02.02. Designation of Minor Site Plan,Major Site Plan,or Preliminary Planned Development Plan. A. Generally. For purposes of these review procedures, all site plans shall be designated as either a Minor Site Plan, a Major Site Plan,or a Preliminary Planned Development Plan according to the criteria below. B. Minor Site Plan. A proposed development shall be designated as a Minor Site Plan if it is: 1. Any division of land located outside of the Urban Service Boundaries into less than ten (10) parcels but more than two (2) parcels in accordance with the provisions of Section 11.03.00. 2. Any division of land located within the Urban Service Boundary into less than fifty (50) parcels but more than two (2) parcels in accordance with the provisions of Section 11.03.00. 9 3. Any multi-family residential development of less than one hundred(100)units,that does not involve platting. 4. Any nonresidential use, including additions to existing structures of six thousand (6,000) to one hundred thousand (100,000) square feet. 5. Any non-residential use, less than fifty thousand(50,000) square feet, that provides drive through or walk up services. 6. Any nonresidential non-residential use,less than fifty thousand(50,000)square feet, that provides drive through or walk-up services. 7. Any non-residential use, including additions to existing structures up to five hundred thousand (500,000) square feet for development included within the St. Lucie County Targeted Industry List. 8. Any commercial lodging establishments having less than six (6) units. C. Major Site Plan. A proposed development shall be designated as a Major Development Site Plan if it is: 1. Any division of land located outside the Urban Service Boundary into ten (10) or more parcels, in accordance with the provisions of Section 11.03.00. 2. Any division of land located within the Urban Service Boundary into fifty (50) or more parcels, in accordance with the provisions of Section 11.03.00. St. Lucie County Land Development Code Supp. No. 20,Rev. 11:12 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.02.02 3. Any multi-family residential development of one hundred (100) or more dwelling units. 4. One hundred thousand and one(100,001)or more square feet of non-residential floor space. 5. Five hundred thousand and one(500,001)or more square feet of non-residential floor space for any development included within the St. Lucie County Targeted Industry List. 6. All commercial lodging establishments including six (6) or more units available for rent or lease. 7. Any development of land. a. Where the proposed development should be more thoroughly considered and reviewed because of its location or potential for impact on public facilities, natural resources, and public safety. D. Preliminary Planned Development Plan. A proposed development shall be designated as a Planned Development Site Plan if it is: 1. A Planned Unit Development (Per Section 7.01.00); 2. A Planned Non-Residential Development(Per Section 7.02.00); 3. A Planned Mixed-Use Development (Per Section 7.03.00). 4. A Planned Town or Village (Per Section 3.01.03(FF)); 5. A Planned Country Subdivision (Per Section 3.01.03(GG)); 6. A Planned Retail/Workplace (Per Section 3.01.03(HH)); 7. A Development of Regional Impact, as defined in F.S. § 380.06, and in accordance with Section 11.02.02(E). E. Developments of Regional Impact. 1. Application for a binding letter of determination from Department of Community Affairs required. A developer shall be required to submit an application to and receive a determination from the Department of Community Affairs as to whether or not such development is a development of regional impact as defined in F.S. §380.06, under the following circumstances: a. If the development is at a presumptive numerical threshold or up to twenty percent (20%) above a numerical threshold in the guidelines and standards in F.S. Ch. 380, or administrative rules promulgated thereunder; or b. The development is between a presumptive numerical threshold and twenty percent(20%)below the numerical threshold, and St. Lucie County is in doubt St. Lucie County Land Development Code Supp. No. 20 11:13 Adopted May 19,2009 11.02.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE • as to whether the character or magnitude of the development at the proposed location creates a likelihood that the development will have a substantial effect on the health, safety or welfare of the citizens of more than one (1) county. 1. In the event that a development is between a presumptive numerical threshold and twenty percent (20%) below the numerical threshold, the developer shall submit a request in writing to the Growth Management Director for a determination as to whether or not St. Lucie County will require that an application for a binding letter of interpretation will be required to be submitted in regard to such development. The procedure for processing such requests in St. Lucie County shall be as follows: 2. Within thirty(30)days after receipt of the developer's written request,the Growth Management Director shall make a determination in writing as to whether the County will require that the developer submit an application for a binding letter of interpretation. The Director shall provide by mail (certified,return receipt)or hand delivery,copies of the written determina- tion to the developer and to the Board of County Commissioners. Any person may appeal the determination of the Director to the Board of County Commissioners by filing a written notice of intent to appeal with the County Director within fifteen (15) days of the date of receipt of the Director's written determination. 2. Application Requirements. a. As to any development which is required by the provisions of Section 11.02.02(E) to submit for a binding letter of interpretation or for which the developer for any reason has submitted for a binding letter of interpretation, the application to St. Lucie County for any of the following: 1. Comprehensive plan amendment; 2. Rezoning; 3. Planned Unit Development approval; 4. Site Plan approval; 5. Conditional Use approval; 6. Special Exception; or 7. for any other development permit, as defined in F.S. § 380.031, shall be accompanied by a certified copy of the final determination by the Department of Community Affairs or any court judgment which constitutes a final judgment entered as a result of an appeal from a final order of the Department of Community Affairs making a determination on the Development of Regional Impact status of the project. St. Lucie County shall not receive or process any applications for Development Permits for any project or portion St. Lucie County Land Development Code Supp. No. 20 11:14 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.02.02 thereof, for which a binding letter of interpretation is required or is actually sought by the developer, until a final binding determination has been made as to the Development of Regional Impact status of the project. b. In any application for a Development Permit to St. Lucie County for a proposed development as to which a final binding determination has been made that the proposed development is not a Development of Regional Impact and that determination has been made in part or in whole based upon various commit- ments or limitations as to development made in the applicant's request for a binding letter, agreed to by the applicant, or otherwise imposed by the Department of Community Affairs to restrict the development in a way that it shall not constitute a Development of Regional Impact, such commitments, limitations or conditions shall be incorporated as conditions into all Develop- ment Permits issued by St. Lucie County,as if such conditions were fully set out in each Development Permit. 3. Filing Requirements. If a proposed development has been determined to be a Development of Regional Impact or if the developer has waived the right to request a binding letter of interpretation or otherwise agreed to the Development of Regional Impact status of a proposed development, then, as to such proposed development, any application to St. Lucie County as to the first Development Permit sought from St. Lucie County for such development shall be accompanied by, and there shall be filed simultaneously with it, an application for development approval seeking Development of Regional Impact review and approval as required in F.S. § 380.06. No final action will be taken by St. Lucie County on any St. Lucie County Development Permit application as to a project for which Development of Regional Impact approval is being sought, until St. Lucie County is in a position to concurrently act upon the application for development approval. 4. Proposed Modification to a Development. In the event of a proposed modification to a development for which a binding letter of interpretation has been received by St. Lucie County indicating that the development was not a Development of Regional Impact, the following shall apply: a. In the event that the modification increases the size or scope of the development so that when the proposed modification is aggregated with the prior approved development that was determined not to be a Development of Regional Impact, that the aggregated development is at a presumptive numerical threshold or up to twenty percent (20%) above a numerical threshold in the guidelines and standards of F.S. Ch. 380.06, or administrative rules promulgated thereunder, then the developer shall be required to submit an application for a binding letter of interpretation. b. In the event that the modification increases the size or scope of the development so that when the proposed modification is aggregated with the prior approved development that was previously determined not to be a Development of St. Lucie County Land Development Code Supp. No. 20 11:15 Adopted May 19,2009 11.02.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Regional Impact,that the aggregated development is at a presumptive numeri- cal threshold or twenty percent(20%) below the numerical threshold, then the provisions of Section 11.02.02(E)(1)(b) shall apply. c. The provisions of Sections 11.02.02(E)(2)and(3)shall also apply in the event of a modification to a development which falls within the parameters of subparagraphs a and b above. (Ord. No. 12-003,Pt. I,5-15-2012;Ord. No. 2021-009,Pt. A,4-6-2021;Ord. No. 2021-14,Pt. A, 6-1-2021) 11.02.03. Review of Applications for Minor Site Plans. A. General Procedures. 1. An application for a Minor Site Plan shall be submitted to the Planning and Development Services Director in a form established by the Director along with an applicable fee as established in Section 11.12.00. 2. Within twenty (20)working days of receipt of the Site Plan, the Director shall: a. Determine that the application is complete and forward the application to the Development Review Committee for further review; or b. Determine that the application is incomplete and inform the applicant in writing of the missing components. The developer may submit a revised111/ application within thirty(30)working days without payment of any additional processing fee. If more than thirty(30) days have elapsed before the applicant resubmits the application, the applicant shall be required to re-initiate the review process and pay an additional fee, as identified in Section 11.12.00 of this Code. An application shall be determined to be complete only if the required submittals of Section 11.02.09 are provided. 3. The Development Review Committee shall review the application for Site Plan and shall determine whether the application complies with the requirements of this Code within twenty (20) working days. In reviewing the application and making a determination of compliance, the Development Review Committee shall use the standards in Section 11.02.07. 4. After the completion of the review by the Development Review Committee, the Chairman of the Development Review Committee shall: a. Recommend that the Planning and Development Services Director determine that the application complies with the standards of Section 11.02.07;or b. Inform the applicant and the Planning and Development Services Director in writing of the deficiencies of the application. The applicant shall notify the Planning and Development Services Director within thirty(30)working days of this notice of deficiency of his/her intent to address the cited deficiencies. The applicant shall have a maximum of one hundred twenty(120)days to respond to the cited deficiencies without payment of any additional processing fee. Upon St. Lucie County Land Development Code Supp. No. 20 11:16 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.02.03 the applicant's response to the cited deficiencies, the revised applicant shall be reviewed by the Development Review Committee pursuant to Section 11.02.03(A)(3)and (4). If the applicant fails to respond to the cited deficiencies within one hundred twenty(120)days,the applicant must thereafter reinitiate the review process and pay an additional fee,as identified in Section 11.12.00 of this Code. 5. Approval Procedure for all Minor Site Plans: a. The Planning and Development Services Director shall, within five working days following the receipt of the recommendation of the Development Review Committee, issue a decision approving, approving with conditions, or denying the application based upon the requirements of this Code. b. Proposed development may be determined to be in compliance with the provisions of this Code and the St. Lucie County Comprehensive Plan by the Planning and Development Services Director under certain conditions or exceptions in consideration of existing site conditions,location and potential for impact on public facilities, natural resources, health and public safety. In such case,the Director or designee shall provide a written statement recorded in the public records of St. Lucie County setting forth the conditions or exceptions that may include landscaping,parking, architectural standards or other site specific issues. c. Notice of the authorization of such minor site plan shall be provided to the Board of County Commissioners. d. At the request of an applicant,the Planning and Development Services Director may forward an application for a minor site plan to the Board of County Commissioners for consideration. B. Appeals. Any final action by the Planning and Development Services Director in accordance with this Section may be appealed to the Board of Adjustment in accordance with the provisions of Section 11.11.01(B)(3). C. Minor Adjustments to Minor Development Site Plans. The Planning and Development Services Director may authorize minor adjustments to the approved Minor Site Plan. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan,the standards and requirements of this Code, and the development as approved, and shall be the minimum necessary to overcome the particular difficulty. Such minor adjustments shall be limited to the following: 1. Increasing any dimension of any one (1) structure by not more than twenty-five percent(25%);or 2. Altering the location of any one(1)primary structure or group of primary structures by not more than fifty(50)feet; or St. Lucie County Land Development Code Supp. No. 20 11:17 Adopted May 19,2009 11.02.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE a votit) 3. Altering the net density of any one (1) stage or phase by not more than ten percent (10%);or 4. Altering the location of any circulation element by not more than fifty(50)feet. The relocation of any circulation element by more than fifty(50)feet will be considered a major adjustment unless the relocation results in a reduction of impervious surface area;or 5. Altering the location of any open space by not more than fifty (50) feet;or 6. Reducing the total amount of open space by not more than five percent (5%) or reducing the yard area or open space associated with any single structure by not more than five percent(5%); or 7. Altering the location, type, or quality of landscaping elements. 8. The addition or relocation of any accessory structure or use so long as the proposed addition or relocation does not conflict with any portion of any required open space, building separation requirements or other provisions of this Code. 9. The Planning and Development Services Director may approve other proposed alterations that do not exceed any of the thresholds listed above as a Minor Adjustment. D. A Development Permit may be issued for the following without submitting a formal application for Minor Adjustment to a Minor Development Site Plan issued pursuant to this Code: 1. The alteration of or addition to an existing structure or impervious surface area less than 200 square feet that is otherwise in compliance with the applicable provisions of this Code. 2. The erection of a sign on a previously developed site independent of any other development activity on the site. 3. The re-surfacing of a vehicular use area that conforms to all requirements of this Code. E. Major Adjustments to Minor Site Plans, any other adjustment, including the cumula- tive effects of separate minor adjustments made since July 1, 1984,to an approved minor site plan shall require approval by the Planning and Development Services Director of a new Minor Site Plan subject to the standards of this Code. (Ord. No. 12-003, Pt. I, 5-15-2012; Ord. No. 2021-14, Pt. A, 6-1-2021) 11.02.04. Review of Applications for Major Site Plans. A. General Procedures. 1. An application for a Major Site Plan shall be submitted to the Growth Management Director in a form established by the Director along with an applicable fee as established in Section 11.12.00. St. Lucie County Land Development Code Supp. No. 20 11:18 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.02.04 2. Within twenty(20) working days of receipt of the Site Plan, the Director shall: a. Determine that the application is complete and direct the application to the Development Review Committee for further review; or, b. Determine that the application is incomplete and inform the applicant in writing of the missing components. The applicant may submit a revised plan within thirty (30) working days without payment of any additional processing fee, but, if more than thirty (30) days have elapsed, must thereafter reinitiate the review process and pay additional fees as identified in Section 11.12.00. An application shall be determined to be complete only if the required submittals of Section 11.02.09 are provided. 3. The Development Review Committee shall review the application for Site Plan and determine whether the application proposal complies with the requirements of this Code within twenty (20) working days. In reviewing the application and making a determination of compliance, the Development Review Committee shall use the standards in Section 11.02.07. 4. After the completion of the review by the Development Review Committee, the Chairman of the Development Review Committee shall: a. Recommend that the Growth Management Director determine that the applica- tion complies with the standards of Section 11.02.07; b. Inform the applicant and the Growth Management Director in writing of the deficiencies of the application. The applicant shall notify the Growth Management Director within thirty (30) working days of this notice of deficiency of his/her intent to address the cited deficiencies. The applicant shall have a maximum of one hundred twenty(120)days to respond to the cited deficiencies without payment of any additional processing fee. Upon the applicant's response to the cited deficiencies the revised application shall be reviewed by the Development Review Committee pursuant to Section 11.02.03(A)(3) and(4). If the applicant fails to respond to the cited deficiencies within one hundred twenty (120) days the applicant must thereafter reinitiate the review process and pay an additional fee, as identified in Section 11.12.00 of this Code. 5. The Chairman of the Development Review Committee shall notify the Growth Management Director that the Site Plan is ready for presentation to the Board of County Commissioners and request that this application for major site plan approval be placed on the next available regular County Commission agenda. 6. The Chairman of the Development Review Committee shall issue a written report to the Growth Management Director setting forth findings and conclusions supporting a recommendation to the Board of County Commissioners for approval, approval with conditions, or denial of the Site Plan. St. Lucie County Land Development Code Supp. No. 20 11:19 Adopted May 19,2009 11.02.04 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 7. The Growth Management Director shall issue a report to the Board of County Commissioners citing the recommendations of the Development Review Committee and provide a recommendation of approval,approval with conditions or denial of the site plan. 8. The Board of County Commissioners shall consider the Site Plan at a regularly scheduled public meeting. In reviewing the application for site plan approval, the Board of County Commissioners shall consider the report of the Growth Manage- ment Director and shall determine whether the proposed development specified in the application meets the provisions of this Code, and in particular the standards and criteria of Section 11.02.09;the St. Lucie County Comprehensive Plan;and any other applicable County ordinances. Within a reasonable time of the conclusion of its review,the Board of County Commissioners will approve,approve with conditions or deny the application. The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision. 9. Notification of the Board of County Commissioners' decision shall be mailed to the applicant and filed with the Office of the Department of Community Development in accordance with Section 11.00.04(F). B. Appeals. Any final action by a the Board of County Commissioners made in accordance with the provisions of this Section may be appealed as provided in Section 11.11.00. 41111 C. Minor Adjustment to Major Site Plans: 1. Planning and Development Services Director may authorize minor adjustments to the approved Major Site Plan. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, the standards and requirements of this Code, and the development as approved, and shall be the minimum necessary to overcome the particular difficulty. Such minor adjustments shall be limited to the following: a. Increasing any dimension of any one(1)structure by not more than twenty-five percent (25%);or b. Altering the location of any one(1)structure or group of structures by not more than one hundred (100) feet; or c. Altering the net density of any one (1) stage or phase by not more than ten percent (10%); or d. Altering the location of any circulation element by not more than fifty(50)feet. Relocation of any circulation element by more than fifty (50) feet will be considered a major adjustment unless the relocation results in a reduction in impervious surface area; or e. Altering the location of any open space by not more than fifty (50) feet;or 411 St. Lucie County Land Development Code Supp. No. 20 11:20 Adopted May 19,2009 111 ADMINISTRATION AND ENFORCEMENT 11.02.05 f. Reducing the total amount of open space by not more than five percent(5%)or reducing the yard area or open space associated with any single structure by not more than five percent(5%); or g. Altering the location, type, or quality of landscaping elements. h. The addition or relocation of any accessory structure or use so long as the proposed addition or relocation does not conflict with any portion of any required open space, building separation requirements or other provisions of this Code. i. The Planning and Development Services Director may approve other proposed alterations that do not exceed any of the thresholds listed above as a Minor Adjustment. 2. A Development Permit may be issued for the following without submitting a formal application for Minor Adjustment to a Major Development Site Plan issued pursuant to this Code: a. The alteration of or addition to an existing structure or impervious surface area less than 200 square feet that is otherwise in compliance with the applicable provisions of this Code. 111 b. The erection of a sign on a previously developed site independent of any other development activity on the site. c. The re-surfacing of a vehicular use area that conforms to all requirements of this Code. 3. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. D. Major Adjustments to Major Development Site Plans. Any other adjustment to the approved site plan shall be considered a Major Adjustment and shall be granted only upon application to and approval by the Board of County Commissioners. The review and processing procedures for the major adjustment review shall be consistent with Section 11.02.04(A). (Ord. No. 12-003, Pt. I, 5-15-2012) 11.02.05. Review of Applications for Planned Developments. A. Review of Preliminary Development Plans: 1. An application for a Preliminary Development Plan shall be submitted to the Planning and Development Services Director in a form established by the Director along with an applicable fee as established in Section 11.12.00. 2. Within twenty(20)working days of receipt of a Preliminary Development Plan, the Director shall: a. Determine that the application is complete and direct the application to the Development Review Committee for further review;or St. Lucie County Land Development Code Supp. No. 20 11:21 Adopted May 19,2009 11.02.05 ST. LUCIE COUNTY LAND DEVELOPMENT CODE b. Determine that the information is incomplete and inform the applicant in writing of the missing components. The applicant may submit an amended plan within thirty (30) working days without payment of any additional fee, but if more than thirty (30) days have elapsed, must thereafter initiate a new application and pay an additional fee as identified in Section 11.12.00 of this Code. An application shall be determined to be complete only if the required submittals of Section 11.02.10 are provided. 3. The Development Review Committee shall review the application for Preliminary Development Plan and determine whether the application complies with the requirements of this Code within twenty (20) working days. In reviewing the application and making a determination of compliance, the Development Review Committee shall use the standards in Sections 11.02.07. 4. After the completion of the review by the Development Review Committee,the Chair of the Development Review Committee shall: a. Recommend that the Planning and Development Services Director determine that the application complies with the standards of Section 11.02.07; or b. Inform the Planning and Development Services Director in writing of the deficiencies of the application. The applicant shall notify the Planning and Development Services Director within thirty (30) working days of this notice of deficiency of his/her intent to address the cited deficiencies. The applicant shall have a maximum of one hundred twenty(120) days to respond to the cited deficiencies without payment of any additional processing fee. Upon the applicant's response to the cited deficiencies the revised application shall be reviewed by the Development Review Committee pursuant to Section 11.02.03(A)(3) and (4). If the applicant fails to respond to the cited deficiencies within one hundred twenty (120) days, the applicant must thereafter reinitiate the review process and pay an additional fee, as identified in Section 11.12.00 of this Code. 5. The Chair of the Development Review Committee shall notify the Planning and Development Services Director that the Development Plan is ready for presentation to the Planning and Zoning Commission. 6. The Development Review Committee shall issue a written report to the Planning and Development Services Director setting forth findings and conclusions supporting a recommendation to the Planning and Zoning Commission for approval, approval with conditions, or denial of the Preliminary Development Plan. 7. Upon notification from the Development Review Committee that the Preliminary Development Plan is complete, the Planning and Development Services Director St. Lucie County Land Development Code Supp. No. 20 11:22 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT shall place the application for preliminary development plan approval on the next Planning and Zoning Commission agenda in accordance with the procedures set out in Section 11.00.03. 8. The Planning and Development Services Director shall issue a written report to the Planning and Zoning Commission citing the recommendations of the Development Review Committee and provide a recommendation of approval, approval with conditions or denial of the Preliminary Development Plan. 9. The Planning and Zoning Commission shall conduct a hearing on the Preliminary Development Plan to determine whether it satisfies the requirements of this Code. The public hearing held on the application shall be in accordance with Section 11.00.04. In reviewing and making a recommendation on the application and Preliminary Development Plan, the Commission shall use the standards in Section 11.02.07 and 11.06.03. 10. Within a reasonable time of the hearing, not to exceed 60 days the Planning and Zoning Commission shall submit a written recommendation and findings to the Board of County Commissioners for approval, approval with conditions, or denial of the Preliminary Development Plan. 11. The Board of County Commissioners shall consider the Preliminary Development Plan at a scheduled public hearing in accordance with the requirements of Section 11.00.03. The public hearing held on the application shall be in accordance with Section 11.00.04. In making a decision on the application, the Board of County Commissioners shall consider the recommendations of the Planning and Zoning Commission and the Planning and Development Services Director and the standards specified in Section 11.02.07 and 11.06.03. 12. Within a reasonable time of the conclusion of the public hearing,the Board of County Commissioners will approve, approve with conditions or deny the application or will direct the Planning and Development Services Director to issue a Preliminary Development Plan approval, with such conditions as may be necessary. 13. Upon approval of the Preliminary Development Plan, the Board of County Commis- sioners shall direct the Planning and Development Services Director to amend the Official Zoning Atlas to reflect the authorized amendment to the Planned Unit Development (PUD), Planned Non-Residential Development (PNRD) or Planned Mixed Use Development(PMUD)zoning district. Any Preliminary Planned Develop- ments approved prior to April 15, 2021, requires Final Development Plan action by the Board of County Commissioners in accordance to Section 11.02.05(A)(11)prior to the Official Zoning Atlas Amendment. B. Review of Final Development Plans: 1. Final Development Plan Approval - After Preliminary Development Plan approval, the applicant will be required to request a Minor or Major Site Plan as designated in Section 11.02.02 with the following exception: a. Any active Preliminary Planned Developments approved prior to April 15, 2021,requires Final Development Plan action by the Board of County Commis- sioners in accordance to Section 11.02.05(A)(11) St. Lucie County Land Development Code Supp. No. 20,Rev. 11:23 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE411 2. Substantial Conformity: A Final Development Plan will not be deemed to be in substantial conformity with the approved Preliminary Development Plan if it: a. Departs by more than ten percent(10%)from the maximum density or ground coverage;or b. Changes by more than ten percent (10%) the floor area to be devoted to any residential or non-residential use;or c. Decreases by more than ten percent (10%) the area provided for public and private open space, or changes the general location of such area;or d. Relocates approved circulation elements to the extent that would decrease their functionality, adversely affect surrounding lands and circulation elements, or reduce their effectiveness as buffers or amenities; or e. Significantly alters the arrangement of land uses within the development; or f. Significantly alters the character of the development proposed in the Preliminary Development Plan; or g. Is not consistent with the St. Lucie County Comprehensive Plan. 3. Upon approval of the Final Development Plan by the Planning and Development Services Director or Board of County Commissioners,the Planning and Development Service Director shall notate the approval Order and reference the date of adoption on the Official Zoning Atlas to reflect the final Planned Unit Development (PUD), 0 Planned Non-Residential Development(PNRD)or Planned Mixed Use Development (PMUD) Development Plan approved. C. Project Phasing. Phasing of Planned Developments shall be in accordance with Sections 7.01.03(K) and 7.02.03(I). D. Appeals. Any final action including approval or denial of the preliminary PUD site plan by the Board of County Commissioners made in accordance with the provisions of this Section may be appealed as provided in Section 11.11.00. E. Minor Adjustments. The Planning and Development Services Director may authorize minor adjustments to an approved Final Planned Development Plan. Such minor adjust- ments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, the standards and requirements of this Code, and the development as approved, and shall be the minimum necessary to overcome the particular difficulty. Such minor adjustments shall be limited to the following: 1. Increasing any dimension of any one(1)primary structure or structures by not more than twenty-five percent (25%);or 2. Altering the location of any one(1)structure or group of structures collectively by not more than one hundred(100)feet provided that the relocation does not result in any encroachment into an area or areas designated as preserved or otherwise protected, without the applicant providing substantial evidence that the preserved or otherwise 0 protected area is no longer needed or has been equitably compensated for; or St. Lucie County Land Development Code Supp. No. 20,Rev. 11:24 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.02.05 3. Increasing the net density of any one (1) stage or phase by more than ten percent (10%);or 4. Altering the location of any primary circulation element by not more than fifty(50) feet. Relocation of any primary circulation element by more than fifty (50) feet will be considered a major adjustment unless the relocation results in a reduction in impervious surface area; or 5. Altering the location of any open space by not more than one hundred(100)feet;or 6. Reducing the total amount of open space by not more than ten percent (10%) or reducing the yard area or open space associated with any single structure by not more than ten percent (10%). In no case shall the total amount of open space be permitted to be less than the minimum amount of open space required under the planned development district regulations, unless otherwise varied by the Board of Adjustment or as may be permitted by the other provisions of this Code; or 7. Altering the location, type, or quality of landscaping elements; or 8. Reducing the gross density or intensity of the approved development. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. F. Major Adjustments: 1. Any other adjustment to the approved final site plan shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners,which may grant approval for major adjustments only after a public hearing and upon finding that any proposed changes in the approved Final Planned Development Plan will be in substantial conformity with the original approval. The Board of County Commissioners shall place the application for major adjustment on the agenda of a regularly scheduled meeting for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. If the Board of County Commissioners determines that the major adjustments are not in substantial conformity with the original approval, then it shall refer the request to the Planning and Development Services for initiation of a new Preliminary Development Plan, in accordance with the provisions of Section 11.02.05(A) of this Code. (Ord. No. 2021-009, Pt. A, 4-6-2021) L St. Lucie County Land Development Code Supp. No. 20 11:24.1 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.02.10 parcel of land during all phases of development. These best manage- ment practices shall consider the impacts of onsite development activity on adjacent parcels of land, so as to avoid soil erosion, sediment loss, and degraded water quality on the adjacent parcels of land. Recommendations should be obtained from the St. Lucie County Soil and Water Conservation District. c. A plant and animal survey for onsite federal and state protected species as defined in Chapter II. A compiled list of these plants and animals shall be maintained by the Growth Management Director. Locations of all identified species shall be depicted on a map. d. A surface water management plan and written assessment which demonstrates consistency with the appropriate policies set out in this Code, including a description of the techniques to be used to prevent both the potential degradation of surface water resources and an increase in flood hazard damage. e. A shoreline stabilization plan and assessment which demonstrates consistency with the appropriate policies set out in this Code, including beach or dune restoration and maintenance or Indian River Lagoon shoreline stabilization to reduce or control erosion. (Ord. No. 12-003, Pt. J, 5-15-2012; Ord. No. 14-021, § A, 9-16-2014) 11.02.10. Submittals for Planned Development Site Plans. A. Planned Development Requirements. A Planned Development application shall include the following information: 1. General Information: a. The applicant's name and address. b. The applicant's interest in the subject property. c. The owner's name and address,if different from the applicant, and the owner's signed consent to the filing of the application. d. The street address and a legal description of the property proposed to be reclassified as a Planned Development. e. The present zoning classification and existing uses of the subject property proposed to be reclassified. f. A statement of planning objectives to be achieved by the proposed Planned Development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. g. A statement of the total number and type of dwelling units to be constructed; parcel size; approximate lot coverage of buildings and structures; approximate St. Lucie County Land Development Code Supp. No. 20 11:41 Adopted May 19,2009 11.02.10 ST. LUCIE COUNTY LAND DEVELOPMENT CODE gross and net area of all non-residential facilities, and an explanation of their use; residential densities; and approximate gross and net amounts of open space. h. Information on land areas adjacent to the proposed Planned Development and an indication of the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifica- tions,densities,automobile and pedestrian circulation systems,public facilities, and unique natural features of the land. i. A statement describing how the Planned Development is consistent with the St. Lucie County Comprehensive Plan. j. A development schedule indicating the approximate date construction of the Planned Development or stages of the Planned Development can be expected to begin and be completed. k. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the Planned Development, such as land areas, dwelling units, and commercial facilities. 2. Existing Conditions: a. An aerial photograph of the property on which the development activity is to take place. The aerial used to satisfy this requirement may be obtained from the St. Lucie County Property Appraiser. b. Detailed location sketch with section, township and range. c. A boundary survey and legal description prepared in accordance with the current standards of Chapter 61G17-6 FAC. All boundary surveys shall be submitted on a sheet size twenty-four(24)inch by thirty-six(36)inch and shall be the same scale as the project site plan. All boundary surveys shall have been prepared within the 12 months prior to the application for site plan being filed and shall contain at a minimum the following information, as applicable: 1. Location of the Coastal Construction Control Line, along with all neces- sary recording data, 2. The location of the mean highwater, or safe upland line, along with a description of how these lines were determined, 3. The location of all submerged lands, 4. The limits and elevations of any jurisdictional wetlands, which shall contain bearing and distance information used in determining the extent of these areas, along with the identification of the agency or agencies claiming jurisdiction. 5. The location of all existing improvements. 6. Acreage certifications of all lands lying above mean high water or the safe upland line; and St. Lucie County Land Development Code Supp. No. 20 11:42 Adopted May 19,2009 0 ADMINISTRATION AND ENFORCEMENT 11.02.10 7. All boundary surveys are to be tied to a monumented section line or the nearest 1/4 section line, and shall be so noted on the boundary survey. d. Identification of legal positive outfall, if applicable. e. The boundaries of the one hundred (100) year floodplain, including all sub-zones within the one hundred(100)year floodplain and an identification of the minimum required first floor elevations for all parts of the proposed development site. This information should be depicted on the projects boundary surveys f. Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto, through, or around the project. g. Available preliminary drainage information. h. An illustrative plan of the existing vegetative conditions on the project site, including an identification of what areas will be impacted by the proposed development activity and what areas are proposed for protection/preservation. All vegetative survey information shall be submitted on a sheet size twenty-four (24) inch by thirty-six(36) inch and shall be the same scale as the project site plan. 1111 3. Proposed Planned Development Preliminary Development Plan. All preliminary development plan sheets shall be submitted on a sheet size twenty-four(24)inch by thirty-six (36)inch and at a scale no smaller than one(1)inch equals fifty(50)feet, all dimensions in decimals, unless otherwise approved in writing by the Planning and Development Services Director during the pre-application conference. For large projects, a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: a. The location of the property by lot number,block number, and street address,if any. b. The boundary lines of the property, the dimensions of the property, existing subdivision easements, roadways, rail lines, and public rights-of-way. c. The approximate location of all buildings, structures or concentration uses, if any are proposed at the time of Planned Development approval. This shall include types of uses, and density per type of structure. d. The approximate location and dimensions of parking and loading areas. e. Conceptual utility and drainage plan. f. The location of any existing easements for utility systems, including sewage facilities and water supply facilities, electric, gas, and telephone lines. g. The approximate location and size of all areas to be conveyed, dedicated or elk reserved as common open space, parks, recreational areas, school sites, rights-of-way and other public uses. St. Lucie County Land Development Code Supp. No. 20 11:43 Adopted May 19,2009 11.02.10 ST. LUCIE COUNTY LAND DEVELOPMENT CODE h. The location and configuration of all public and private roadways for a distance of one hundred fifty(150) feet from all project access points. i. The approximate location of the existing and proposed internal circulation system. j. The approximate location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites, rights-of-way and other public uses. k. The pedestrian circulation system, including its interrelationship with the vehicular circulation system. 1. Proposed perimeter landscape buffers, including the types, location, of all plants or materials, and the location of fences or screen plantings. This can be done as typical section of what is being proposed. For non-residential uses a typical building planting plan shall be submitted to establish minimum plantings around buildings. m. Boundaries depicting construction phases, if applicable. n. The location and dimension all paved areas within fifty(50) feet of the outside property boundaries. o. A transportation impact statement in accordance with the requirements of Section 11.02.09(A)(4), if applicable. p. An environmental impact report in accordance with the requirements of Section 11.02.09(A)(5), if applicable. q. A location map, which shall delineate the project boundaries on the St. Lucie County Tax Assessment Maps. r. A driveway location map which show the location of all driveways,public streets and private drives within the six hundred and sixty (660) feet of the develop- ment, along any private or public street that will serve the project. s. Any other information deemed necessary by the Planning and Development Services Director for the reasonable review of the proposed development. t. Conceptual architectural drawings all multi-family and nonresidential build- ings to be erected within the development (except for minor accessory and service facilities). For those development projects erecting detached single- family dwellings, submission of conceptual floor plans will not be required,but their place shall be the required submission of the overall project design standards that will be used to guide the appearance of the planned develop- ment. B. Final Development Plan Approval. After approval of the Preliminary Planned Develop- ment Plan, the applicant will be required to file an application consistent with Land Development Code Section 11.02.02 for approval of a Minor or Major Site Plan. (Ord. No. 14-021, § A, 9-16-2014; Ord. No. 2021-009, Pt. A, 4-6-2021) St. Lucie County Land Development Code Supp. No. 20 11:44 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.03.01 11.03.00. PROCEDURE FOR PLATTING 11.03.01. Platting Requirements. A. Generally. Where a proposed Minor Site Plan, Major Site Plan, or Planned Develop- ment includes the subdivision of land, a condition of the Final Development Order shall be approval by the Board of County Commissioners of a plat conforming to the site plan and the provisions of this Section. The plat requirements of this Section require review and approval of construction plans, a preliminary record plat and a final record plat. B. Exceptions to Platting. The only exceptions to this platting requirement are: 1. If the application for a building permit is for the development of a single-family dwelling unit or duplex on a Lot of Record as of August 1, 1990; or, 2. If the application for building permit is for the development on a multi-family or non-residential parcel which is less than five(5)acres in size on a Lot of Record as of August 1, 1990;or, 3. Division of land into parcels of not less than 20 acres each where no new streets or easements of access are planned to be dedicated and accepted by the public. Deeds 11) and other conveyances shall include in red, ten point type, the following statement: "NO GOVERNMENTAL AGENCY, INCLUDING ST. LUCIE COUNTY IS RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE PROPERTY HEREIN CONVEYED." 4. The conveyance of land to a federal,state,county,or municipal governmental agency, entity, political subdivision, or a public utility as defined herein. C. Dry Model Construction. The Board of County Commissioners shall by agreement allow a building permit(s) for a maximum of four (4) residential units to be issued after approval of a Preliminary Record plat and construction plans but before approval of a Final Record Plat, provided no certificate of occupancy is issued prior to recordation of the Final Plat. D. Requirements for Geodetic Control. A minimum of two boundary monuments for all plats shall be tied by a closed field traverse to the nearest approved St. Lucie County Geodetic Control Station and Azimuth Mark, or to other control points established by a Global Positioning System (GPS), or any St. Lucie County Traverse Stations, or any horizontal Control Stations which are listed with the National Geodetic Survey. Field traverse from the Plat Boundary to the control stations shall meet the minimum closure standards specified within Chapter 61G17-6,Florida Administrative Code. Copies of all field notes of the geodetic tie in and traverse closure shall be submitted with all preliminary plat submittals. St. Lucie County Land Development Code Supp. No. 20 11:45 Adopted May 19,2009 11.03.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE E. Requirements for Digital Plat Submissions. Prior to the recording of any final plat consisting of 10 or more lots, a CAD file in a DWG or DXF format shall be provided to St. Lucie County showing all final plat survey data. The purpose of this CAD file is to facilitate direct updates to the County's Geographic Information System (GIS). The coordinate positions within this file should be rotated and translated to North American Datum of 1983/adjustment of 1990 (NAD 83/90), State Plane Coordinates, Florida East Zone. Conversion of ground distance to grid distance will not be required. Proposed plats of less than ten(10)lots shall not be required to submit a digital copy of the final record plat,except that where available,the submission of this material is encouraged. 11.03.02. Review of Construction Plans and Preliminary Record Plats. A. Filing With County Engineer. After receiving plat-contingent site plan approval, the developer shall submit to the County Engineer all construction plans and preliminary record plats prepared in accordance with the requirements of F.S. Ch. 177, and all other information necessary to determine compliance with the approved site plan, the provisions of this Code and other applicable provisions of the St. Lucie County Code and Compiled Laws. Included with this submission material shall be all construction plans for any proposed utility improvemen s which shall be distributed by the County Engineer to the service provider for review. B. Application Contents. The County Engineer shall be responsible for the preparation of an application form for all construction drawings and record plat materials. St. Lucie County Land Development Code Supp. No. 20 11:46 Adopted May 19,2009 [The next page is 11:491 ADMINISTRATION AND ENFORCEMENT 11.05.09 F. Nonconforming Uses Abandoned or Destroyed. Whenever the Growth Management Director determines that a nonconforming tree or structure has been abandoned or more than eighty percent(80%)torn down,physically deteriorated,or decayed,no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. G. Conditions on Permit Approval. Any permit granted will be so conditioned as to require the owner of the structure or tree in question to install,operate,and maintain,at the owner's expense,such markings and lights as required by F.S. §333.07(3),Revised Through 2/16/93, and consistent with the standards published in Chapter 14-60, Rules of the Department of Transportation. If deemed proper by the Growth Management Director, this condition may be modified to require the owner to allow the St. Lucie County Port and Airport Authority at its own expense, to install, operate, and maintain the necessary markings and lights. H. Appeals from Permit Denial. Any final action by the Growth Management Director may be appealed to the Board of Adjustment in accordance with the provisions of Section 11.11.00. 11.05.09. Wastewater and Sewage Disposal Compliance Permits. A. Application for Permit. Any person required to obtain a Wastewater and Sewage Disposal Compliance Permit pursuant to Section 7.08.04 shall submit an application to the Growth Management Director accompanied by a non-refundable fee as established in Section 11.12.00. B. Application Contents. Such application shall be in such form as is required by the Growth Management Director, which form shall include, at a minimum, the name of the business, the name of the owner of the business, the location at which the business is operated,and a specific identification of each activity,use,operation,service,and manufactured or processed product involved in the conduct of such business. Volatile organic testing for on-site well(s), in the form required by the Director, shall also be submitted with each application. The application must be signed and sworn to by an owner of the business. C. Procedure for Review of Wastewater and Sewage Disposal Compliance. The Growth Management Director shall forward every such application to the County Public Health Unit for review and certification. Upon receipt from the Health Department of a certification that the business has been inspected and that the use of the on-site septic system by the business for wastewater and sewage disposal is in compliance with all regulations of the State Department of Health and Rehabilitative Services, the Director shall issue the Wastewater and Sewage Disposal Compliance Permit. D. Appeal from Permit Denial. Any final decision of the Planning and Development Services Director denying a Wastewater Sewage Disposal Compliance Permit may be 111 appealed according to the procedures set forth in Section 11.11.00. (Ord. No. 21-030, § 4, 9-7-2021) St. Lucie County Land Development Code Supp. No. 20 11:79 Adopted May 19,2009 11.05.10 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 11.05.10. Wellfield Protection Operating and Closure Permits. Reserved. 11.05.11. Mining Permits. A. Requirement for Permit;Exemptions. 1. Except as provided in this Section, no mining or excavation operation shall be conducted in the unincorporated areas of St. Lucie County without a permit from the Board of County Commissioners. As used in this Section, the terms "mining" and "excavation operation" include any operation that entails the excavation or removal of earth off-site in excess of one hundred (100) cubic yards. 2. The following activities shall be exempt from the mining permit requirement provided that all applicable federal, state and local permits and/or authorizations have been obtained and the removal of the material remains on-site and is required to support development on-site: a. Removal of material for installing utilities; b. Removal of material from a site for the construction or removal of any foundations for any building or other structure; c. Removal of material for digging drainage or mosquito control ditches and canals by authorized units and agencies of government; d. Removal of material for digging drainage or mosquito control ditches and canals by private persons when construction is permitted by all authorizing agencies, if any, and when the excavated material is not removed from the involved tract of land; e. Removal of material for existing agricultural operations; f. Removal of material for accessory uses of land,such as septic tanks,graves,etc., that are designed to be filled and graded upon completion of excavation; g. Removal of material for a swimming pool when construction is permitted by all authorizing agencies; h. Removal of material for development in which the material is being excavated to provide on-site stormwater management and/or on-site fill for elevating roads,houses,buildings, sidewalks,driveways,parking areas,or other features customarily associated with on-site development;however, the property owner shall submit the following for the County Engineer's approval: 1. A sketch plan indicating the size, shape and location of the proposed excavation amount and disposition of excavated material. 2. Setback of twenty-five (25) feet from any adjacent property line. 3. All off-site removal of material in excess of one hundred (100)cubic yards shall require a public hearing and action before the Board of County Commissioners in accordance with the provisions of Section 11.00.03, St. Lucie County Land Development Code Supp. No. 20 11:80 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.05.11 notice of public hearing. The public hearing held on the application for removal of materials in excess of one hundred(100)cubic yards shall be in accordance with Section 11.00.04, hearing procedure. In reviewing the request for removal of material in excess of one hundred(100)cubic yards, the Board of County Commissioners shall consider the report of the Growth Management Director to determine whether the removal meets the standards in Subsection 11.07.03(B),standards for review of conditional use - Effects on Adjacent Properties. Action. Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall approve, approve with condi- tions, or deny the application for removal of material in accordance with Subsection 11.00.04(E). The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision Notice of Action. Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Office of the Growth Management Director in accordance with Subsection 11.00.04(F), notification. Revocation of Permission to Removal Material. In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every removal of material approval that such approval may be revoked for: (1) Violation of any condition imposed upon such approval; and (2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commis- sioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation to the Growth Management Director, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. B. Classes of Permit;Time Limits. There are hereby established two(2)classes of mining permit, as follows: 1. Class I permit: a. A Class I permit shall apply to all mining operations that do not qualify for a Class II permit. b. A Class I permit shall be valid for a period of not more than six (6)years. c. During the term of a Class I permit the permittee shall update the mining plan at least once every forty-eight (48) months, or more frequently if needed to reflect any significant change in the plan. Failure to timely file an updated mining plan shall render the permit expired. The updated mining plan shall be filed in St. Lucie County Land Development Code Supp. No. 20 11:80.1 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.05.12 2. Permit applications shall be made on forms prescribed by the Growth Management Director, and shall be accompanied by a non-refundable fee in accordance with Section 11.12.00. The Director is encouraged to make use of forms already in use by other state or federal environmental regulatory agencies. B. Application Contents. 1. An application shall not be deemed complete until all information reasonably necessary to fully understand the extent,nature,and potential impacts of a proposed project is received by the Growth Management Director. Such information shall include, but is not limited to: a. An explanation of the need and intent of the project; b. A description of construction methodology; c. A completed application form; d. Aerial photographs; e. Line sketches; f. Identification of the type and location of wetlands in the vicinity of, and likely to be affected by, the project; g. Water depths referenced to MLW, MHW, OLW, or OHW, as appropriate; h. An explanation of any proposed mitigation; i. Other scientific and engineering data necessary to determine whether the application meets the criteria in Section 6.02.03. 2. The Growth Management Director shall provide a notice to all adjacent property owners whose property also adjoins the wetland. C. Procedure for Review of Wetland Permit Application. 1. Within twenty (20) days of receipt of the application for a Wetland Permit, the Growth Management Director shall determine if the application is complete. 2. If the Growth Management Director determines the application for a Wetland Permit is not complete, the Director shall inform the applicant in writing of the cited deficiencies. No further review of the application shall take place until the cited deficiencies are addressed. 3. If the Growth Management Director determines that the application is complete,he shall within twenty (20) days approve, approve with conditions or deny the application for a Wetlands Permit. 4. Any application containing false information, or any permit issued based upon false information, may be denied or revoked. St. Lucie County Land Development Code Supp. No. 20 11:87 Adopted May 19,2009 11.05.12 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 5. Permits shall be issued with a duration period that is reasonably necessary to complete the project and any necessary mitigation, not to exceed five (5) years for projects up to 100 acres of wetlands and not to exceed ten(10)years for projects over 100 acres of wetlands. 6. Any application received that is substantively the same as the previous application that has been denied by the Growth Management Director shall also be denied without further processing. 7. Any site or applicant which has been found to be in violation of this Code shall not be issued a permit until such violation has been corrected. 8. Any substantial modification to a complete application (unless the modification is recommended by the Growth Management Director)or to an issued permit, shall be treated as a new application for permit. D. Appeal from Permit Denial. Any final decision of the Planning and Development Services Director may be appealed in accordance with Section 11.11.00. (Ord. No. 21-030, § 4, 9-7-2021) 11.05.13. Local Permit not Exclusive. It is the intent of this Section that permits or approvals required hereunder shall be in addition to and not in lieu of any federal, state, regional or other local approvals which may be required for the same or similar activities. In the event this chapter conflicts with any other regulations on this subject matter, the more restrictive shall apply. Compliance with provisions of this chapter does not excuse any person for noncompliance with other applicable federal, state, regional for local laws. 11.06.00. AMENDMENTS TO THE CODE AND OFFICIAL ZONING ATLAS 11.06.01. Purpose. The purpose of this section is to provide a means for amending the text of the Comprehensive Plan, this Code or the Official Zoning Atlas. It is not intended to relieve particular hardships or confer special privileges or rights on any person. 11.06.02. Persons Entitled to Propose Amendments. A. Amendments to the text of this Code may be proposed by the Board of County Commissioners, the Planning and Zoning Commission, or any other interested party. B. Amendments to the Official Zoning Atlas may be proposed by the Board of County Commissioners, the Planning and Zoning Commission, or over fifty percent (50%) of the owners of the real property to be directly affected by the proposed amendment. St. Lucie County Land Development Code Supp. No. 20 11:88 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.10.09 2. Any other investigation to determine the truth and accuracy of the statements and information contained in the petition and any attachments thereto. 11.10.07. Public Hearing of Petitions for Abandonment of County Rights-of-Way and Public Easements for Drainage of County Rights-of-Way. A. Generally. Pursuant to F.S. §336.10,a public hearing shall be held for any petition for abandonment which affects County right-of-way and public easements for drainage which service a County right-of-way. B. Time and Place of Hearing. The Board of County Commissioners hereby exercises their authority, as set forth in F.S. § 336.09, by authorizing and directing the County Engineer to establish a definite time and place to hold the public hearing required by F.S. § 336.10 and this Section and to publish the notice of the hearing. C. Publication of Notice of Public Hearing. Advertisement of such public hearing shall be as set forth in Sections 11.00.03. D. Posting of Notice of Public Hearing. The County Engineer shall notify the petitioner of the date and time of the public hearing and shall direct the petitioner to post the property with a notice of petition to vacate. The petitioner shall place the notice in a conspicuous and easily visible location,abutting a public thoroughfare when possible,on the subject property at least ten (10) days prior to the public hearing. E. Mailing of Notice of Public Hearing. The County Engineer shall mail a copy of the notice of public hearing to all affected property owners as described in Section 11.00.03. F. Notice of Adoption of Resolution. If the Board of County Commissioners shall, by resolution,grant the petition,notice thereof shall be published one(1)time within thirty(30) days following the date of adoption of such resolution in a newspaper of general circulation published in the County. The proof of publication of the notice of public hearing, and the proof of publication of the notice of the adoption of the resolution,and a copy of the resolution shall be recorded in the public records. 11.10.08. Recordation of Resolution. Upon adoption of a resolution approving a petition, a certified copy of same shall be filed in the public records in accordance with F.S. § 177.101 or 336.10, whichever is applicable. 11.10.09. Effect of Recording Resolution of Abandonment. A. For County rights-of-way, upon the recordation of the proof of publication of notice of public heating, proof of publication of the notice of adoption of the resolution, and a copy of the resolution in the public records, the interest of the right-of-way so closed shall be vested in accordance with provisions of F.S. § 336.12. St. Lucie County Land Development Code Supp. No. 20 11:117 Adopted May 19,2009 11.10.09 ST. LUCIE COUNTY LAND DEVELOPMENT CODE B. For plats,or portions thereof,recordation in the public records of resolutions approving abandonment of a plat or a portion thereof shall have the effect of vacation all streets and alleys in accordance with F.S. § 177.101(5), and shall either return the vacated property to the status of unplatted acreage or shall vacate the first plat in accordance with F.S. § 177.101(1) or (2), as applicable. 11.11.00. APPEALS 11.11.01. Generally. A. Persons Entitled to Initiate Appeal. An appeal may be initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by any order, decision, determination, or interpretation of any administrative official of the County with respect to the provisions of this Code. B. Authority. Appeals of any order, determination, decision, or interpretation by any administrative official shall be heard and decided by one of the following appellate boards or officers: 1. Appeals to the Environmental Control Board. Reserved. 2. Appeals to the County Administrator. Appeals of decisions by any administrative officer with respect to the following provisions shall be heard and decided by the County Administrator;subject to the standards and procedures hereinafter set forth: a. Adequate Public Facilities (Chapter V); b. Determination of Required Vegetation Mitigation (Section 11.05.06(F)(2)(g)); c. Development Agreements (Section 11.08.00); d. Vested Rights (Section 11.09.00). 3. Appeals to the Board of Adjustment. Appeals of decisions by any administrative official with respect any of the provisions of this Code except those enumerated in paragraphs 1 and 2 above shall be heard and decided by the Board of Adjustment, subject to the standards and procedures hereinafter set forth. (Ord. No. 21-030, § 5, 9-7-2021) 11.11.02. Appeals Procedure. A. Procedures. A notice of appeal must be filed with the Growth Management Director, within thirty(30)days of the rendition of such order,decision, determination, or interpreta- tion subject to an appeal, specifying the grounds for the appeal. Upon receipt of the Notice of Appeal, the Growth Management Director shall prepare the record for appeal, notify the Appellate Board or Officer of the Notice of Appeal and establish a time and place at which 1111 time the Appellate Board or officer will hear the appeal. St. Lucie County Land l pp m n 2odee Adopted Supp. No. 20 11:118 p May 19, I IIIADMINISTRATION AND ENFORCEMENT 11.11.02 B. Effect of Filing an Appeal. The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the Growth Management Director certifies to the Appellate Board or Officer that by reason of certain facts,a stay would pose an imminent peril to life or property;in such case the appeal will not stay further proceedings except by a restraining order. C. Record. The record to be considered on appeal shall be all written materials considered during the initial decision,any additional written material submitted by the appellant to the County, and any testimony considered on the hearing of the appeal. D. Hearing. 1. The Appellate Board or Officer shall hold a hearing on the appeal within a reasonable time after a notice of appeal is filed. Appeal hearings by the Board of Adjustment shall conform to the procedures in Sections 11.00.03 and 11.00.04. Appeal hearings by the County Administrator and the Environmental Control Board shall not be subject to the formal notice and advertisement requirements set out in Sections 11.00.03 and 11.00.04. The appellant shall be notified by the Growth Management Director of the time date and place of the public hearing by certified mail,return receipt requested. The Board or Officer shall reverse the order,decision, determination, or interpretation only if there is substantial competent evidence in the record that an error was made in the decision being appealed from that fails to III comply with the requirements of this Code. In so modifying such decision,the Board or Officer shall be deemed to have all the powers of the officer from whom the appeal is taken,including the power to impose reasonable conditions to be complied with by the applicant. 2. The decision of the Appellate Board or Officer shall be mailed to all parties and by the Growth Management Director, in accordance with Section 11.00.04(F). E. Appeals of Decisions of County Administrator. An applicant may appeal any appellate decision made by the County Administrator to the Board of County Commissioners by filing a petition of appeal within thirty (30) calendar days of the date of the rendition of the decision. The Board of County Commissioners shall review the petition at a public meeting within thirty(30)calendar days from the date of appeal of said decision. The petitioner shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten(10)minutes per side, unless an extension of time is granted by the Board. The Board's decision shall be final for the purpose of administrative appeals. The Board of County Commissioners' review of the petition shall be limited to the record before the County Administrator. The Board of County Commissioners shall revoke the decision of the County Administrator only if there is competent, substantial evidence in the record that the decision fails to comply with this Code. F. Appeals of Decisions of The Board of Adjustment,Environmental Control Board,or The Board of County Commissioners. Any person aggrieved by a decision of the Board of Adjustment, Environmental Control Board, or the Board of County Commissioners may, III within thirty(30) days after rendition of such decision, petition for certiorari review to the Circuit Court in the Nineteenth Judicial Circuit in and for St. Lucie County. St. Lucie County Land Development Code Supp. No. 20 11:119 Adopted May 19,2009 11.11.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE G. Environmental Control Hearing Board. The Environmental Control Officer or any person aggrieved by any action or decision of the Environmental Control Hearing Board may seek judicial relief by filing the appropriate petition in the Circuit Court in the Nineteenth Judicial Circuit in and for St. Lucie County within thirty (30) days after rendition of the decision. 11.12.00. FEES A schedule of fees may be established by resolution of the Board of County Commissioners in order to cover the costs of technical and administrative activities required pursuant to this Code. Unless specifically exempted by the provisions of this Code, an applicant for any development that is subject to the rules and regulations set out in this Code shall bear the costs stipulated within such fee schedule. 11.13.00. ENFORCEMENT OF CODE PROVISIONS 11.13.01. Generally. A. Enforcement by Code Enforcement Board. Unless otherwise stated in this Code,the St. Lucie County Code Enforcement Board, as described more fully in Chapter 1, Article II, of 1111/ the St. Lucie County Code and Compiled Laws, shall enforce the provisions of this Code. B. Enforcement by Environmental Control Hearing Board. At the option of the Public Works Director, Planning and Development Services Director or other appropriate county department head, in consultation with the County Attorney, enforcement proceedings with respect to the following provisions may be through the Code Enforcement Board in accordance with the procedures set forth in Chapter 1, Article II of the St. Lucie County Code and Compiled Laws, or through the Environmental Control Hearing Board in accordance with the procedures set forth in Section 11.13.02 of this Code: a. Wellfield Protection (Sections 6.03.00 and 11.05.10); b. Wastewater and Sewage Disposal Compliance (Sections 7.08.03 and 11.05.09); c. Wetlands Protection (Section 6.02.03); d. Native Upland Habitat Protection (Section 6.04.01); e. Land clearing and yard trash recycling operations (7.10.12(c)); f. Minimum Housing Standards (Section 13.08.00); g. All other codes,statutes,rules,regulations adopted by reference hereunder pursuant to Section 11.13.02(L). (Ord. No. 21-030, § 6, 9-7-2021) 4110 St. Lucie County Land Development Code Supp. No. 20 11:120 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.13.02 11.13.02. Enforcement Procedures for Environmental Control Provisions. A. Criminal Enforcement;Procedures. 1. Whenever the Environmental Control Officer has received or obtained evidence that a specific violation of the provisions listed in Section 11.13.01(B) has been commit- ted, the Environmental Control Officer may notify the state attorney of the Nineteenth Judicial Circuit of such violation. Such notice shall contain a description of the violation, the date of the violation, the location of the violation and the name and address of the violator. 2. Upon receipt of such notice,the State Attorney shall institute proceedings in a court of competent jurisdiction for prosecution of the violation. B. Civil Enforcement;Procedure. 1. It shall be the duty of the County Health Department,with the advice and assistance of the Environmental Control Officer,to determine compliance with the terms of this act(chapter). 2. If any person is in violation of the provisions listed in Section 11.13.01(B),the County Health Department may give the violator reasonable time, by formal notice, within which to correct such violation. Should the violation continue beyond the time specified for corrections,the County Health Department shall notify the Environmental Control Officer in writing of such failure to correct the violation. If any person has been in violation of this Code for conducting an activity without benefit of or in violation of the terms of a required permit or has been in violation of this Code for conducting an activity which resulted in environment damage or a public health threat, the County Health Department, in lieu of or in addition to the above procedure for formal notice,may notify the Environmental Control Officer in writing of the violation. 3. Upon receipt of the County Health Department's notice of a failure to correct violation or notice of an activity conducted without or in violation of a required permit or an unlawful activity which resulted in environmental damage or a public health threat, the Environmental Control Officer shall file a notice of non- compliance, notice of environmental damage done or public health threat created or notice of activity conducted without permit with the Environmental Control Hearing Board. 4. Within ten(10)days after filing with the Environmental Control Hearing Board of a notice of noncompliance, notice of environmental damage done or public health threat created or notice of activity conducted without permit, the Hearing Board shall notice a hearing scheduled to be held within forty-five (45) days of the filing date. Service of notice on all parties shall be completed ten (10) days before the hearing. Hearings may be continued from day-to-day until completed. St. Lucie County Land Development Code Supp. No. 20 11:121 Adopted May 19,2009 11.13.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 5. Service of initial hearing shall be made in the same way as the Florida Rules of Civil Procedure provide for service of process of initial pleadings. Subsequent notices of hearing may be mailed. 6. Notice of hearing will specify date, time, and exact place of hearing. Attached to the notice shall be a copy of the notice of noncompliance,notice of environmental damage done or public health threat created or notice of activity conducted without permit. 7. Either party may serve written interrogatories and requests for admissions upon the other party. The petitioner may serve interrogatories or requests for admission on respondent at any time after service of the initial notice of hearing. The respondent may serve interrogatories or requests for admission on petitioner any time after receiving a notice to correct violation. Answers and objections to interrogatories or requests for admissions shall be served within twenty (20) days after service of the interrogatories or requests for admissions. The chairman of the Hearing Board may grant a shorter or longer time. Admission shall have the effect set out in Florida Rules of Civil Procedures, Section 1.370(b). A matter is admitted unless the party to whom a request for admissions is directed serves upon the party requesting the admission a timely answer or objection. In the event a party fails to make discovery, the opposing party may motion the Hearing Board for an order compelling discovery. 8. The testimony of any witness may be taken by deposition in the manner and for the purposes provided by the Florida Rules of Civil Procedure. 9. Upon approval of a majority of the Environmental Control Hearing Board, a continuance may be granted in any hearing for good cause shown. 10. Hearings before the Environmental Control Hearing Board shall be conducted as follows: a. All hearings of the Hearing Board shall be open to the public. b. Oral evidence shall be taken only on oath or affirmation. c. the Hearing Board shall give probative effect to evidence which would be admissible in civil proceedings in the courts of this state, but in receiving evidence, due regard shall be given to the technical and highly complicated subject matter the control officer must handle and the exclusionary rules of evidence shall not be used to prevent the receipt of evidence having substantial probative effect. Otherwise, effect shall be given to the rules of evidence recognized in the State of Florida. 11. Rules of Order. Hearings shall begin with the presentation of petitioner's case by the Environmental Control Officer with the right of respondent to cross-examine witnesses followed by presentation of respondent's case, with the Environmental Control Officer's right to cross-examine witnesses. Opening and closing arguments shall be allowed unless waived. 12. Record of Hearing. All proceedings of the Hearing Board shall be recorded by a certified court reporter or recording instrument. Proceedings will not be transcribed St. Lucie County Land Development Code Supp. No. 20 11:122 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.13.02 unless a request for transcription is made to the clerk by a party to the proceedings or a member of the Hearing Board. In the event a copy of a transcript is desired by a party to the proceedings other than the Environmental Control Officer, county attorney,or a member of the Hearing Board,the cost of transcription shall be paid by said party. The Hearing Board shall not permit withdrawal of evidence entered into the record so long as any issue concerned in the hearing is still pending a final decision either before the Hearing Board or the courts of Florida, unless the parties stipulate otherwise. After a final decision has been rendered, exhibits may be withdrawn at the request of the party which submitted them, or his/her counsel, after due notice to all parties, and upon order of the Hearing Board. 13. Judicial notice. In reaching a decision,judicial notice may be taken, either before or after submission of the case,for decisions of any fact which may be judicially noticed by the courts of Florida. 14. Decision. The decision of the Hearing Board shall be in writing and shall contain a brief statement of facts found to be true, the determination of the issues presented and the order of the Hearing Board. A copy of the decision shall be mailed or delivered to the Environmental Control Officer, petitioner, respondent and to every person who filed an answer or who appeared as a party at the hearing. C. Fee Schedule. A schedule of fees to be paid annually to cover costs of inspections and administration of this chapter and the Environmental Control Act shall be established by resolution of the St. Lucie County Environmental Control Board. The owner of the property on which any of the businesses or activities listed in the resolution are conducted shall make timely payment of the fees when billed. D. Parties of Violations. Every person who commits, attempts to commit, conspires to commit, or aids and abets in the commission of any act declared herein to be in violation of this chapter, whether individually or in connection with one (1) or more persons, or as a principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully entices, causes, coerces, requires, permits or directs another to violate any provision of this chapter is likewise guilty of such offense. E. Violations and Penalties. 1. Any person, firm, partnership or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and,upon conviction thereof, shall be punished as provided by law. 2. Each day that a violation of this chapter is continued or permitted to exist without compliance shall constitute a separate offense punishable, upon conviction, in the manner prescribed in this Section. F. Enforcement of Environmental Control Hearing Board Orders and Injunction Relief If preventative or corrective measures are not taken or any civil penalty imposed is not forfeited in accordance with any order of the Hearing Board,or if the Environmental Control Officer finds that a violation of the provisions listed in Section 11.13.01(A)(1) exist so as to No. 20 St. Lucie County Land Development Code Supp. 11:123 Adopted May 19,2009 11.13.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE create an emergency requiring immediate action to protect human health or welfare, or to prevent irreparable environmental damage,the Environmental Control Officer may institute appropriate proceedings in the Circuit Court for ST. Lucie County to abate and prosecute or enforce orders of the Hearing Board. Such relief may include both temporary and permanent injunctions. Any proceedings initiated under this Section shall be brought forward in the name of St. Lucie County. G. Violations—Criminal Penalties. 1. It is unlawful to violate the provisions listed in Section 11.13.01(A)(1). Such violation of any such provision is declared to be a criminal offense and misdemeanor within the meaning of F.S. § 775.08, and shall be punishable as provided by law. Each day during any portion of which such violation occurs constitutes a separate offense. 2. It is unlawful to violate any duly constituted order of the Hearing Board. Such violation is declared to be a criminal offense and misdemeanor within the meaning of F.S. § 775.08, and shall be punishable as provided by law. Each day during any portion of which such violation occurs constitutes a separate offense. H. Violations—Civil Penalties. Any person found by the hearing board to be or to have been in violation of the provision*listed in Section 11.13.01(A)(1)or any provision contained in Chapter 2.6.5,St. Lucie County Code and Compiled Laws,may have imposed against him a civil penalty not to exceed five hundred dollars ($500.00) for each day of violation. In determining the amount of such civil penalty, the hearing board shall consider the nature, duration, and environmental impact of such violation. The Hearing Board shall incorporate the amount of the penalty imposed on its final decision and order finding such person violation. All civil penalties collected under this Section shall be paid into the general fund of St. Lucie County. I. Civil Fines to be Liens. Any fine imposed by order of the hearing board shall, upon expiration of the time for appeal and the filing of said order with the Clerk of the Circuit Court, become a statutory lien against any and all property of the respondent. J. Refusal to Obey Subpoena Issued by the Hearing Board. 1. Whenever any person duly subpoenaed to appear and give evidence or to produce any • books and papers before the hearing board neglects or refuses to appear, or to produce any books or papers, as required by the subpoena, or refuses to testify or to answer any question which the hearing board decides is proper and pertinent, he shall be deemed in contempt,and the hearing board shall report the fact to the Judge of the Circuit Court of the district in which the person resides. 2. Upon receipt of the report, the Judge of the Circuit Court shall issue an order directed to the Sheriff of St. Lucie County commanding the Sheriff to forthwith bring such person before the judge who entered the order. 3. On the return of the order and the production of the body of the defendant,the Judge has jurisdiction of the matter. The person charged may purge himself of contempt in No. 20 St. Lucie County Land Development Code Supp. 11:124 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.13.03 the same way and the same proceedings shall be had,and the same penalties may be imposed, and the same punishment inflicted as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a circuit court of the state. K. Construction In Relation to Other Law. 1. It is the purpose of this Section to provide additional cumulative remedies to control the environment of St. Lucie County. Nothing contained herein shall be construed to abridge or alter rights of action, or remedies in equity under the common law or statutory law, criminal or civil,nor shall any provisions of this Section be construed as estopping the state, or any municipality or person affected by environmental pollution, in the exercise of its or his/her rights in equity or under common law or statutory law to suppress nuisances or to abate environmental pollution. L. Incorporation of Other Laws. Chapters 381 (Public Health), 386 (Nuisances Injurious to Health,387(Pollution of Water),408(Environmental Control)(,501(Hazardous Substances), and 509 (Hotels and Restaurants), Florida Statutes 1983, as amended, are hereby adopted and incorporated by reference as part of this chapter to the same extent and to the same effect as if the provisions of each statute or law had been set out in full. All rules of the Florida Department of Environmental Regulation, the Florida Department of Natural Resources and the Florida Department of Health and Rehabilitative Services adopted pursuant to such state laws,as the rules are from time to time amended,and all rules of the St. Lucie County Environmental Control Board adopted pursuant to Chapter 83-511,Special Acts, Laws of Florida, are hereby adopted and incorporated by reference as part of this chapter to the same extent and to the same effect as if the provision of each such rule had been set out in full. M. Powers of Health Department. Nothing in this Section shall limit or reduce the powers of the St. Lucie County Health Department pursuant to interlocal agreement, general or special law or any other source of authority. 11.13.03. Other Penalties and Remedies. Nothing in this section shall prohibit the Board of County Commissioners from enforcing its codes by any other means,including,but not limited to, enforcement of matters assigned to the Environmental Control Hearing Board by the Code Enforcement Board. Additionally, if the Public Works Director, Planning and Development Services Director or other appropriate county department head,in consultation with the County Attorney,determines that the code enforcement or environmental control hearing board processes delineated above would be an inadequate response to a given violation, the County Commission may pursue the following penalties and remedies, as provided by law: 4110 1. Civil Remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired,or maintained or any building, structure,land, or water is used in St. Lucie County Land Development Code Supp. No. 20 11:125 Adopted May 19,2009 11.13.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE violation of this Code, the County Commission, through the County Attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct, or abate the violation. 2. Criminal Penalties. Any person who violates any provision of this Code shall be deemed guilty of a misdemeanor and shall be subject to fine and imprisonment as provided by law. (Ord. No. 21-030, § 6, 9-7-2021) 11.14.00. LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION - SPECIAL MASTER REVIEW PROCESS 11.14.01. Generally. A. This Section establishes St. Lucie County's procedures for the initiation, conduct and conclusion of a Special Master proceeding as provided for under F.S. § 70.51, the Florida Land Use and Environmental Dispute Resolution Act. 11.14.02. Intent. A. It is the intent of the County that the Special Master process be a speedy,inexpensive, and simple method for property owners and regulators to settle land use and environmental permitting and enforcement disputes. To that end, property owners and regulators should meet face-to-face,in a non-adversarial atmosphere, to resolve disputes without the need for formal representation. B. Negotiations assisted by a Special Master will enable a property owner and regulators to exert more control over their dispute, allowing the parties to shape a resolution rather than having one imposed. The Special Master and the parties should exercise maximum flexibility to adapt these procedures to the exigencies of each particular case,consistent with the requirements of state law and due process. 11.14.03. Standards of Conduct for Parties and Participants. A. Standards of conduct for parties and participants may be adopted by the Board of County Commissioners, by resolution, and shall govern the proceedings unless waived or altered in the Special Master contract. 11.14.04. Pre-Initiation Meeting. A. Prior to filing a formal Request for Relief under this Section, an owner may by letter request an informal meeting with the County Administrator to discuss alternatives to the filing of the Special Master proceeding. The County Administrator shall conduct such a meeting as expeditiously as possible and shall include technical staff familiar with the regulations at issue. St. Lucie County Land Development Code Supp. No. 20 11:126 Adopted May 19,2009 (Nov ADMINISTRATION AND ENFORCEMENT 11.14.05 11.14.05. Initiation of Special Master Proceeding. A. Filing of Request for Relief 1. In order to initiate a Special Master Proceeding an owner or a Special Master, to the extent provided for under F.S. § 70.51(11), must file two (2) copies of a Request for L St. Lucie County Land Development Code Supp. No. 20 11:126.1 Adopted May 19,2009 1111 DECISION MAKING AND ADMINISTRATIVE BODIES 12.01.01 12.00.00. BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners shall have the following powers and duties under this Code: A. The powers to initiate,review,and adopt amendments to the Official Zoning Atlas as provided in Section 11.06.00; B. The powers to initiate, review, and adopt amendments to the text of this Code as provided in Section 11.06.00; C. The powers to review and grant, grant with conditions, or deny Preliminary Site Plans and Final Site Plans, as provided in Section 11.02.00; D. The power to review and grant or deny plat applications, as provided in Section 11.03.00; E. The powers to review and determine whether a Class A Mobile Home can be defined as a detached single-family dwelling, as provided in Section 11.05.02; F. The powers to review and grant, grant with conditions, or deny conditional uses as provided in Section 11.07.00; G. The powers to review and grant or deny applications for development agreements,as provided in Section 11.08.00; H. The powers to interpret boundaries of the various zoning districts on the Official Zoning Atlas, as provided in Section 1.06.02. I. The power to establish a schedule of fees in order to cover the costs of technical and administrative activities required by this Code as provided in Section 11.12.00; J. The power to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by a decision by the County Administrator with respect to the Vested Rights and Adequate Public Facilities provisions of this Code as provided in Section 11.09.00 and Chapter V. K. When sitting as the Environmental Control Board, the power to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by any decision, order, determination or interpretation of any administrative official of the County as provided in Section 11.11.00. (Ord. No. 21-030, § 7, 9-7-2021) 12.01.00. ENVIRONMENTAL CONTROL BOARD; ENVIRONMENTAL OFFICER; ENVIRONMENTAL CONTROL HEARING BOARD 12.01.01. Regulations and Requirements. A. The regulations and requirements governing the Environmental Control Board, Environmental Control Hearing Board, and Environmental Control Officer shall be in accordance with the St. Lucie County Code and Complied Laws. (Ord. No. 21-030, § 8, 9-7-2021) St. Lucie County Land Development Code Supp. No. 20 12:3 Adopted May 19,2009 12.02.01.1 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 12.02.00. PLANNING AND ZONING COMMISSION 12.02.01.1. Powers and Duties. The Planning and Zoning Commission shall have the following powers and duties under this Code: A. The powers to initiate, review, and recommend for approval or disapproval to the Board of County Commissioners,applications for amendments to the Official Zoning Atlas as provided by Section 11.06.00. B. The powers to initiate, review, and recommend for approval or disapproval to the Board of County Commissioners, amendments to the text of this Code as provided in Section 11.06.00. C. The powers to review and recommend for approval, approval with conditions, or disapproval to the Board of County Commissioners applications and Preliminary Site Plans for Planned Developments as provided by Section 11.02.00. D. The powers to review and recommend for approval, approval with modifications, or disapproval to the Board of County Commissioners, applications for conditional use permits as provided in Section 11.07.00. E. The powers to serve in an advisory capacity to the Board of County Commissioners and review, report, and prepare studies and investigations as requested by that Board. F. The powers to make its special knowledge and expertise available upon reasonable written request and authorization by the Board of County Commissioners to any official, department, board, commission, or agency of a city, county, state, or the federal government. G. The powers to adopt rules of procedure that are not in conflict with the provisions of this Code. H. The Planning and Zoning Commission shall serve as the St. Lucie County Local Planning Agency more particularly described in Section 12.03.00 of the Code. 12.02.02. Membership: Appointment, Removal, Terms, Vacancies and Qualifica- tions. A. The Planning and Zoning Commission shall be composed of not less than five (5) nor more than nine(9)members,who shall be appointed by the Board of County Commissioners. B. All members of the Planning and Zoning Commission shall be registered voters and residents of St. Lucie County for at least two (2) years preceding appointment. St. Lucie County Land Development Code Supp. No. 20 12:4 Adopted May 19,2009 DECISION MAKING AND ADMINISTRATIVE BODIES 12.02.02 C. All members of the Planning and Zoning Commission shall be appointed for a term of four (4) years without compensation, but may receive travel and other necessary expenses while on official business of the Planning and Zoning Commission outside St. Lucie County. Due to the need to stagger terms to guarantee continuity on the Planning and Zoning Commission, the initial terms of some members may be less than four(4)years. D. Each one (1) of the five (5) County Commissioners shall individually appoint one (1) member of the Planning and Zoning Commission whose term shall coincide with the term of the Commissioner who appointed that member. The Board of County Commissioners shall collectively appoint the other four (4) members whose initial terms shall be established by resolution of the Board of County Commissioners. Members collectively appointed by the Board of County Commissioners shall not serve more than two(2)consecutive full four-year terms. Members individually appointed by one (1) County Commissioner may serve more than two(2)consecutive full four-year terms. Even though a collectively appointed member's term expires less than four (4) years from December 29, 1988, a collectively appointed member who has served eight (8) consecutive years or more on the Planning and Zoning Commission shall not be eligible for reappointment to another consecutive term. However, a collectively appointed member who has served eight (8) consecutive years or more may be appointed to a subsequent term beginning one(1)or more years after the expiration date of the previous term. E. Absence from two (2) consecutive meetings of the Planning and Zoning Commission shall vacate the seat of that member, unless such absence is excused by the Planning and Zoning Commission or the Chairman of the Planning and Zoning Commission. If a majority of the Planning and Zoning Commission members disagree with the Chairman's decision on this matter, they may overrule it. Such excuse must be duly entered upon the minutes. F. Any member of the Planning and Zoning Commission may be removed for cause by the Board of County Commissioners at any time, provided, however, that before such removal such member shall be provided written charges and given an opportunity to appear in his/her defense at a public meeting. G. In the case of a vacancy created under 12.02.02(E), 12.02.02(F), or upon the resignation of a member, the Board of County Commissioners shall collectively appoint the member to fill the vacancy,if the member was one(1)of four(4)collectively appointed by the Board. If the member was individually appointed by one (1) County Commissioner, that Commissioner shall fill the vacancy. Appointments to fill any vacancy shall be for the remainder of the unexpired term. H. No member of the Planning and Zoning Commission shall vote upon any matter in which he has a personal,private,or professional interest and which inures to his/her special gain or the special gain of any principal by whom he is retained. I. No member of the Planning and Zoning Commission shall appear for or represent any person in any matter before the Planning and Zoning Commission other than himself. St. Lucie County Land Development Code Supp. No. 20 12:5 Adopted May 19,2009 12.02.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 12.02.03. Chairman and Vice-Chairman. A. At the first regular meeting in January each year, the members of the Planning and Zoning Commission shall elect one (1) of their number as Chairman and one (1) of their number as Vice-Chairman. B. The Chairman shall preside at all meetings and hearings of the Planning and Zoning Commission,decide points of order,and appoint any committees that are deemed necessary C. The Vice-Chairman shall preside at all meetings and hearings of the Planning and Zoning Commission, and decide points of order in the absence of the Chairman. D. The members of the Planning and Zoning Commission may select an additional person who shall preside over meetings in the absence of the Chairman and Vice-Chairman. 12.02.04. Secretary. A. At the first regular meeting in January of each year,the members of the Planning and Zoning Commission shall select one (1) of their number or an employee of the Growth Management Director as a Secretary. B. The Secretary,with the aid of the Growth Management Director,shall keep minutes of the proceedings of the Planning and Zoning Commission, and shall maintain all records of Commission proceedings and the correspondence of the Commission. 12.02.05. Office of the Growth Management Director. The Growth Management Director and his/her staff shall provide necessary professional support to the Planning and Zoning Commission, with the approval of the Board of County Commissioners. 12.02.06. Quorum and Necessary Vote. A. No business shall be transacted by the Planning and Zoning Commission without a quorum. A quorum shall consist of at least a majority of the members of the Planning and Zoning Commission. B. All recommendations and decisions of the Planning and Zoning Commission shall require the affirmative vote of a majority of the members present,unless otherwise stated in this Ordinance. 12.02.07. Meetings, Hearings, and Procedures. A. A regular meeting of the Planning and Zoning Commission shall be held each month, except that November and December meetings may be combined. B. Special meetings of the Planning and Zoning Commission may be called by the Chairman of the Planning and Zoning Commission,if at least twenty-four(24)hours notice 1111 of the special meeting is given to each member of the Planning and Zoning Commission. St. Lucie County Land Development Code Supp. No. 20 12:6 Adopted May 19,2009 DECISION MAKING AND ADMINISTRATIVE BODIES 12.03.01 C. All meetings and hearings of the Planning and Zoning Commission shall be open to the public. D. The Planning and Zoning Commission may continue a regular meeting if all business cannot be completed on that day. The time and place of the meeting's resumption shall be stated by the presiding officer at the time of continuance. E. In the event that less than a quorum is present at any proceeding of the Planning and Zoning Commission,the proceeding shall be rescheduled within a reasonable period of time. The Secretary shall notify in writing all parties and such other interested persons as may be designated the time, place, and date of the rescheduled proceeding. F. All records of the Planning and Zoning Commission shall be public records open to inspection at reasonable times and upon reasonable notice in accordance with F.S. § 119.01 et seq., the Public Records Act. 12.03.00. LOCAL PLANNING AGENCY 12.03.01. Duties and Responsibilities. The Local Planning Agency, in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. § 163.3174, shall: A. Be the agency responsible for the preparation of the comprehensive plan and shall make recommendations to the Board of County Commissioners regarding the adoption of such plan or element or portion thereof. During the preparation of the plan and prior to any recommendation to the Board of County Commissioners, the local planning agency shall hold at least one (1) public hearing, with due public notice, on the proposed plan or element or portion thereof. The Board of County Commissioners, in cooperation with the local planning agency, may designate any agency,committee, department,or person to prepare the comprehensive plan or any element thereof,but final recommendation of the adoption of such plan to the Board of County Commissioners shall be the responsibility of the Local Planning Agency. B. Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the Board of County Commissioners such changes in the comprehensive plan as may be required from time to time, including preparation of the periodic reports required by F.S. § 163.3191. C. Review proposed land development regulations, land development codes, or amend- ments thereto,and make recommendations to the Board of County Commissioners as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof. 410 D. Perform any other functions, duties, and responsibilities assigned to it by the Board of County Commissioners or by general or special law. St. Lucie County Land Development Code Supp. No. 20 12:7 Adopted May 19,2009 12.03.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 12.03.02. Designation and Establishment. Pursuant to, and in accordance with F.S. § 163.3174, (Local Government Comprehensive Planning and Land Development Regulation Act) the County Planning and Zoning Commission is hereby designated and established as the Local Planning Agency for the unincorporated territory of the County. 12.03.03. Organization Rules and Procedures. Members of the Local Planning Agency shall continue to be appointed and follow such rules of procedure, methods of choosing officers, setting of public meetings, providing of financial support, and accomplishing its duties as provided in Chapter 59-1805, Laws of Florida, 1959, as amended by County Ordinance No. 71-5. 12.03.04. Public Meetings and Records. All meetings of the Local Planning Agency shall be public meetings and all agency records shall be public records. The Local Planning Agency shall encourage public participation. 12.04.00. BOARD OF ADJUSTMENT 12.04.01. Powers and Duties. The Board of Adjustment shall have the following powers and duties under this Code: A. The power to authorize variances from the dimensional, floodplain, and airport height requirements of this Code, in accordance with the provisions in Section 10.01.00. B. The power to authorize eminent domain waivers. C. The power to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by any decision, order, determination, or interpretation of any administrative official of the County with respect to the provisions of this Code, except for as otherwise provided in this Code. D. The powers to make its special knowledge and expertise available upon reasonable written request and authorization by the Board of County Commissioners to any official, department, board, commission, or agency of a city, county, state, or federal government. E. The powers to adopt rules of procedure that are not in conflict with the provisions of this Code. (Ord. No. 11-005, Pt. D, 2-1-2011; Ord. No. 21-030, § 8, 9-7-2021) St. Lucie County Land Development Code Supp. No. 20 12:8 Adopted May 19,2009 CHAPTER XIII BUILDING REGULATIONS AND PUBLIC WORKS CONSTRUCTION MANUAL 13.00.00. Building Code 13.00.01. Building Code. 13.00.02. Coastal Construction Code. 13.01.00 (Reserved) 13.02.00 (Reserved) 13.03.00 (Reserved) 13.04.00 (Reserved) 13.05.00 (Reserved) • 13.06.00 (Reserved) 13.07.00 (Reserved) 13.08.00. Minimum Housing Standards 13.08.01. Adopted. 13.08.02. Administration. 13.08.03. Enforcement. 13.09.00. Exterior Property Maintenance Code 13.09.01. Adopted. 13.09.02. Amendments/Deletions. 13.09.03. Conflicting Provisions with Other Codes or Regulations of the County. 13.10.00 (Reserved) 13.11.00 (Reserved) 13.12.00 (Reserved) 13.13.00 (Reserved) 13.14.00 (Reserved) St. Lucie County Land Development Code Supp. No. 20 13:1 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 13.15.00 (Reserved) 13.16.00 (Reserved) 13.17.00 (Reserved) 13.18.00 (Reserved) 13.20.00. Public Works Construction Manual of St. Lucie County (Reserved) j St. Lucie County Land Development Code Supp. No. 20 13:2 Adopted May 19,2009 BUILDING REGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.08.01 Florida Department of Environmental Protection, Division of Beaches and Shores Technical and Design Memoranda. "Naval Facilities Engineering Command Design Manual, NAVFAC DM-26," U.S. Department of the Navy. Coastal Construction Manual, Federal Emergency Management Agency, February, 1986. (Please note that the wind design section is based upon the Florida Building Code, as described in Chapter 553.70, Florida Statutes 13.01.00 (RESERVED) 13.02.00 (RESERVED) 13.03.00 (RESERVED) 13.04.00 (RESERVED) 13.05.00 (RESERVED) 13.06.00 (RESERVED) 13.07.00 (RESERVED) 13.08.00. MINIMUM HOUSING STANDARDS* 13.08.01. Adopted. The International Property Maintenance Code,as promulgated by the International Code Council, Inc., is adopted by reference as the Minimum Housing Standards of the County, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the Public Works Director and shall be available for public inspection during the regular business hours of such office. (Ord. No. 21-030, § 9, 9-7-2021) *Editor's note—Ord. No. 21-030, § 9, adopted September 7, 2021, amended the title of § 13.08.00 to read as herein set out. The former 13.08.00 title pertained to the Standard Housing Code. St. Lucie County Land Development Code Supp. No. 20 13:25 Adopted May 19,2009 13.08.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 13.08.02. Administration. A. The County Administrator may delegate or assign all or part of the responsibilities associated with the administration of the Minimum Housing Standards to the St. Lucie County Code Compliance Division. B. The County Administrator shall serve as the Code Official referenced in the International Property Maintenance Code. (Ord. No. 21-030, § 9, 9-7-2021) 13.08.03. Enforcement. Enforcement remedies of the Standard Housing Code will be in accordance with the procedures set out in Section 11.13.02 of this Code. (Ord. No. 21-030, § 9, 9-7-2021) 13.09.00. EXTERIOR PROPERTY MAINTENANCE CODE 13.09.01. Adopted. Chapter 3,of the International Property Maintenance Code,2000 edition,as promulgated by the International Code Council, Inc., is adopted by reference as the Exterior Property Maintenance Code of the County,to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the Public Works Director and shall be available for public inspection during the regular business hours of such office. 13.09.02. Amendments/Deletions. A. The following sections of Chapter 3, of the International Property Maintenance Code, 2000 edition, are hereby amended in the following respects: 1. Section 301.3 (Vacant structures and land) shall be amended to read as follows: 301.3 Vacant structures and land. All vacant structures and premises thereof shall be maintained in a safe,secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. In addition, the owner of a vacant structure shall take such steps and perform such acts as may be required from time to time to insure that the structure and surrounding property remain safe, secure, and sanitary, and do not present a hazard to adjoining property or to the public. All openings, including doors and windows, which are covered or closed for access shall be provided with painted exterior-grade plywood closures, matched in color to the structure,unless the same are provided with awnings, storm panels, or other similar commercially available products designed for this intended 41111 use and installed in a workmanlike manner. St. Lucie County Land Development Code Supp. No. 20 13:26 Adopted May 19,2009 BUILDING REGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.09.03 2. Section 302.5 (Rodent harborage) shall be amended to read as follows: 302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which shall not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harbor- age and prevent reinfestation. For the purposes of this section, the term "rodent" shall not include squirrels. This section shall not apply to exterior property zoned AG-1,AG-2.5, and AG-5. 3. Section 302.7 (Accessory Structure) shall be amended to read as follows: 302.7 Accessory Structures. All accessory structures, including detached garages, fences and walls shall be maintained structurally sound and in good repair, except that the provisions of this paragraph shall not apply to any bona fide agricultural operation in the AR-1 zoning district and any area zoned AG-1, AG-2.5 or AG-5. 4. Section 303.2 (Protective treatment) shall be amended to read as follows: 303.2 Protective treatment. All exterior surfaces,including but not limited to,doors, door and window frames,cornices,porches,trim,balconies,decks and fences shall be maintained in a structurally sound and operational condition. Exterior wood surfaces,other than decay-resistant woods,shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint over a substantial portion of the exterior surface shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. B. The following sections of Chapter 3, of the International Property Maintenance Code, 2000 edition, are hereby deleted from applicability as described in Section 13.09.01: 1. Section 302.2 Grading and drainage 2. Section 302.4 Weeds 3. Section 302.6 Exhaust Vents 4. Section 302.7.1 Gates 5. Section 302.8 Motor Vehicles 6. Section 303.14 Insect Screens 7. Section 304 Interior Structure 8. Section 305 Rubbish and Garbage 9. Section 306 Extermination 13.09.03. Conflicting Provisions With Other Codes or Regulations of the County. In the event that there is a conflict between any regulation cited in this Section and any other regulation of the County found in the St. Lucie County Land Development Code, St. Lucie Code and Compiled Laws or the Florida Building Code, the stricter of the two (2) standards shall apply. St. Lucie County Land Development Code Supp. No. 20 13:27 Adopted May 19,2009 13.09.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE -...) 13.10.00 (RESERVED) 13.11.00 (RESERVED) 13.12.00 (RESERVED) 13.13.00 (RESERVED) 13.14.00 (RESERVED) 13.15.00 (RESERVED) 13.16.00 (RESERVED) 13.17.00 (RESERVED) 13.18.00 (RESERVED) 13.20.00. PUBLIC WORKS CONSTRUCTION MANUAL OF ST. LUCIE COUNTY (RESERVED) 3 St. Lucie County Land Development Code Supp. No. 20 13:28 Adopted May 19,2009 crov" CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code 20-007 8-18-2020 Pt. A Added 8.02.02.L 2020-8 3- 3-2020 Pt. A 3.01.03.Q 2020-12 6- 2-2020 Pt. A 4.03.03-4.03.05 2020-14 6- 2-2020 Pt. A 7.10.22 2020-22 8- 4-2020 Pt. A 2.00.00 3.01.03 Added 7.10.35, 8.00.03.M 2020-23 8- 4-2020 Pt. A 7.04.01 2020-026 10- 6-2020 Pt. D 7.10.03 2020-28 10-20-2020 Pt. A 3.01.03.EE, 4.04.04.F 2020-29 12- 1-2020 Pt. A 2.00.00, 9.01.01, 9.03.00.H 2021-009 4- 6-2021 Pt. A 11.02.02, 11.02.05 2021-012 4-20-2021 Pt. A 7.10.12 2021-14 6- 1-2021 Pt. A 2.00.00 7.02.03 7.03.03.K 7.06.01-7.06.03 7.09.04.E 7.10.18.J 7.10.23.G 11.02.02, 11.02.03 2021-18 7- 6-2021 Pt. A 7.10.16.Q 21-030 9- 7-2021 2 6.03.06, 6.03.07 3 6.04.01.1 4 11.05.09.D, 11.05.12.D 5 11.11.01 6 11.13.01, 11.13.03 7 12.00.00.K 8 12.01.01, 12.04.01.0 9 13.08-13.08.03 St. Lucie County Land Development Code Supp. No. 20 CCT:5 Adopted May 19,2009 LAND DEVELOPMENT CODE INDEX APPEALS (Cont'd.) Section Transportation Systems Rights-of-Way Determinations and Dedications, Improvements Right-of-Way Dedication Requirements 7.05.03.I.5 Variances 10.01.07 et seq. See: VARIANCES Wellfield Protection Special Exemptions Review by the Planning and Development Services Director 6.03.06.0 APPOINTMENTS AND REMOVALS Board of Adjustment Membership: Appointment, Removal, Terms, Vacan- cies, and Qualifications 12.04.02 Planning and Zoning Commission Membership: Appointment, Removal, Terms, Vacan- cies and Qualifications 12.02.02 AQUACULTURE Research and Education Park—Overlay Zone Use Limitations,Research and Education Park Overlay Zone Permitted Uses 4.03.05.A Sea Turtle Protection 6.04.02 et seq. See: SEA TURTLE PROTECTION AR-1 AGRICULTURAL, RESIDENTIAL - 1 DISTRICT Accessory Uses 3.01.03.E.7 Conditional Uses 3.01.03.E.6 Development Design and Improvement Standards 7.10.03 et seq. See: DEVELOPMENT DESIGN AND IMPROVE- MENT STANDARDS Development Permits Class A Mobile Home Permits Procedure for Review of Class A Mobile Home Permit Applications 11.05.02.D Dimensional Regulations 3.01.03.E.4 Lot Size Requirements 3.01.03.E.3 Off-Street Parking and Loading Requirements 3.01.03.E.5 Permitted Uses 3.01.03.E.2 Purpose Signs and Billboards 3.01.03.E.1. 9.01.01 eett seq. See: SIGNS AND BILLBOARDS ARCHITECTURE CR Commercial Resort District Use Standards Architectural Design Standards 3.01.03.II.3.h 4111 Development Design and Improvement Standards Community Architectural Standards 7.10.24 Supp. No. 20 St. Lucie County Land Development Code LDCi:15 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section AREA Accessory Buildings, Structures and Uses Dimension and Location Regulations 8.00.02 AG-1 Agricultural - 1 District Dimensional Regulations 3.01.03.A.4 AG-2.5 Agricultural - 2.5 District Dimensional Regulations 3.01.03.B.4 AG-5 Agricultural - 5 District Dimensional Regulations 3.01.03.C.4 Airport Industrial Park Special Regulations Land Coverage 7.10.18.F AR-1 Agricultural, Residential - 1 District Dimensional Regulations 3.01.03.E.4 CG Commercial, General District Dimensional Regulations 3.01.03.S.4 CN Commercial, Neighborhood District Dimensional Regulations 3.01.03.Q.4 CO Commercial, Office District Dimensional Regulations 3.01.03.R.4 CPUB Conservation - Public District Dimensional Regulations 3.01.03.HH.4 I Institutional District Dimensional Regulations 3.01.03.X.4 IH Industrial, Heavy District Dimensional Regulations 3.01.03.U.4 IL Industrial, Light District Dimensional Regulations 3.01.03.T.4 IX Industrial, Extraction District Dimensional Regulations 3.01.03.V.4 Mobile Homes and Mobile Home Parks Minimum Park Size 7.10.17.0 PCS (Planned Country Subdivision) District Standards and Requirements Size 3.01.03.FF.2.b PMUD Planned Mixed Use Development District 7.03.03 et seq. See: PMUD PLANNED MIXED USE DEVELOP- MENT DISTRICT PNRD Planned Nonresidential Development District Standards and Requirements Dimensional Requirements 7.02.03.B Minimum Size 7.02.03.A PUD Planned Unit Development District Standards and Requirements Area, Yard, and Height Requirements 7.01.03.0 Minimum Size 7.01.03.A R/C Residential/Conservation District Dimensional Regulations 3.01.03.D.4 RE-1 Residential, Estate - 1 District Dimensional Regulations 3.01.03.F.4 St. Lucie County Land Development Code Supp. No. 20 LDCi:16 Adopted May 19,2009 1110 LAND DEVELOPMENT CODE INDEX Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) Landscaping General Landscaping Requirements Enclosed Buildings or Groups of Buildings Used for the Production of Food,Produce,Animals(Land or Water Species), or Ornamental Plants or Trees in a Agricultural Zoning District,Landscap- ing Requirements for 7.09.04.J Perimeter Landscaping Relating to Abutting Proper- ties 7.09.04.B Minimum housing standards 13.08.00 Administration 13.08.02 Adopted 13.08.01 Enforcement 13.08.03 Nonconformities Lots of Record, Nonconforming 10.00.04 Structures, Nonconforming 10.00.03 PTV(Planned Town or Village) District Standards and Requirements Building Form and Placement on Lots 3.01.03.EE.2.f Civic Spaces and Civic Buildings 3.01.03.EE.2.n Research and Education Park—Overlay Zone Performance Standards Building Height 4.03.04.A River Park—Community Overlay Zone Performance Standards Building Height 4.02.04.A Sea Turtle Protection Site Development, Standards for Location, Alignment, and Placement of Structures 6.04.02.H.1 Site Plans Review of Site Plans, Procedure for Major Site Plans, Review of Applications for Minor Adjustment to Major Site Plans 11.02.04.0 St. Lucie County Rural Land Stewardship Area Overlay Zone SRA Designation Design Criteria Compact Rural Development Design Criteria 4.05.08.G.4 See: STANDARD HOUSING CODE Temporary Buildings, Structures and Uses 8.02.00 et seq. See:TEMPORARY BUILDINGS,STRUCTURES AND USES Towers and Antennas 7.10.23 et seq. See: TOWERS AND ANTENNAS Transportation Systems Driveways 7.05.06.E House and Building Numbers 7.05.09 St. Lucie County Land Development Code Supp. No. 20 LDCi:29 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) TVC—Overlay Zone (Towns, Villages, Countryside) Specific Standards, TVC Standards for New Residential Buildings 4.04.04.F BURNING. See: OPEN BURNING BUSINESSES AND BUSINESS REGULATIONS CG Commercial, General District 3.01.03.S CN Commercial, Neighborhood District 3.01.03.Q CO Commercial, Office District 3.01.03.R CR Commercial Resort District 3.01.03.II Development Design and Improvement Standards 7.00.01 et seq. See: DEVELOPMENT DESIGN AND IMPROVE- MENT STANDARDS Home Occupations 8.01.00 et seq. See: HOME OCCUPATIONS Landscaping 7.09.02 et seq. See: LANDSCAPING PMUD Planned Mixed Use Development District Purpose 7.03.01 Standards and Requirements Residential Density and Non-Residential Floor Area Ratios 7.03.03.B PNRD Planned Nonresidential Development District 7.02.00 et seq. See:PNRD PLANNED NONRESIDENTIAL DEVELOP- MENT DISTRICT PUD Planned Unit Development District Authorized Uses Nonresidential Development Uses 7.01.02.B Research and Education Park—Overlay Zone Use Limitations,Research and Education Park Overlay Zone Conditional Uses 4.03.05.B River Park—Community Overlay Zone 4.02.00 et seq. See: RIVER PARK—COMMUNITY OVERLAY ZONE Stormwater Management Local Jurisdictional Permit Requirements Requirement for Dry Detention/Retention 7.07.07.0 Transportation Systems Sidewalks and Bikeways Sidewalks 7.05.04.A Use of Residential Property for Access 7.05.05 Wellfield Protection 6.03.01 et seq. See: WELLFIELD PROTECTION C CAMPS, CAMPING AG-1 Agricultural - 1 District Conditional Uses 3.01.03.A.7 St. Lucie County Land Development Code Supp. No. 20 LDCi:30 Adopted May 19,2009 LW/ LAND DEVELOPMENT CODE INDEX Section CAMPS, CAMPING (Cont'd.) AG-2.5 Agricultural - 2.5 District Conditional Uses 3.01.03.B.7 AG-5 Agricultural - 5 District Conditional Uses 3.01.03.C.7 CG Commercial, General District Conditional Uses 3.01.03.S.7 St. Lucie County Land Development Code Supp. No. 20 LDCi:30.1 Adopted May 19,2009 LAND DEVELOPMENT CODE INDEX Section DECISIONS, FINDINGS AND REVIEWS (Cont'd.) Right-of-Way Abandonment and Plat Vacation Procedures Review of Petition 11.10.06 Sea Turtle Protection Management Coordination 6.04.02.B Site Plans Review of Site Plans, Procedure for Designation of Minor Site Plan, Major Site Plan, or Planned Development Site Plan Developments of Regional Impact Application for a binding letter of determination from Department of Community Affairs required 11.02.02.E.1 St. Lucie County Rural Land Stewardship Area Overlay Zone SRA Designation Stewardship Receiving Area (SRA) Review and Approval Processes 4.05.08.D SSA Designation Review Process, SSA 4.05.07.D Subdivisions 11.03.02 et seq. See: SUBDIVISIONS Towers and Antennas Telecommunications Tower Siting Supplemental Review Information for Wireless Telecommunications Tower Conditional Use Applications 7.10.23.Q Transportation Systems 7.05.03 et seq. See: TRANSPORTATION SYSTEMS TVC—Overlay Zone (Towns, Villages, Countryside) Transferable Development Rights;findings 4.04.05.B Variances Action of Board of Adjustment 10.01.05 Procedures for Application Review of the Application 10.01.04.C Vested Rights Provisions re Determination of Vested Rights 11.09.03.B Wellfield Protection Special Exemptions Review by the Planning and Development Services Director 6.03.06.0 Zoning Districts Use Regulations, Zoning District Administrative Use Regulations for Permitted and Conditional Uses 3.01.02 DECKS. See: PORCHES AND DECKS DEEDS. See: TITLES AND DEEDS St. Lucie County Land Development Code Supp. No. 20 LDCi:51 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section DEFACEMENT. See: DAMAGE, DEFACEMENT, DESTRUCTION OR INJURY DEMOLITIONS Historic Preservation 4.11.10 Public Facilities Demolition or Termination of Existing Land Use 5.05.00 DENSITY AR-1 Agricultural, Residential - 1 District Purpose 3.01.03.E.1 Conditional Uses Conditions on Conditional Use Permits Reduction in Maximum Residential Density 11.07.04.D CR Commercial Resort District Use Standards 3.01.03.II.3.f Development Design and Improvement Standards Area, Yard, Height, and Open Space Requirements Requirements Density, Height and Lot Coverage - General 7.04.01.A HIRD Hutchinson Island Residential District Residential Densities 3.01.03.AA.7 Mobile Homes and Mobile Home Parks 7.10.17.D PCS (Planned Country Subdivision) District Standards and Requirements 3.01.03.FF.2.c111 PMUD Planned Mixed Use Development District Standards and Requirements Residential Density and Non-Residential Floor Area Ratios 7.03.03.B PRW (Planned Retail/Workplace) District Standards and Requirements 3.01.03.GG.2.f PUD Planned Unit Development District Standards and Requirements 7.01.03.B R/C Residential/Conservation District Purpose 3.01.03.D.1 RE-1 Residential, Estate - 1 District Purpose 3.01.03.F.1 RE-2 Residential, Estate - 2 District Purpose 3.01.03.G.1 Recreational Vehicle Parks 7.10.16.D RM-5 Residential, Multiple-Family - 5 District Purpose 3.01.03.L.1 RM-7 Residential, Multiple-Family - 7 District Purpose 3.01.03.M.1 RM-9 Residential, Multiple-Family - 9 District Purpose 3.01.03.N.1 RM-11 Residential, Multiple-Family - 11 District Purpose 3.01.03.0.1 RM-15 Residential, Multiple-Family - 15 District Purpose 3.01.03.P.1 RMH-5 Residential, Mobile Home - 5 District 3.01.03.K.3 +. St. Lucie County Land Development Code Supp. No. 20 LDCi:52 Adopted May 19,2009 LAND DEVELOPMENT CODE INDEX Section DENSITY(Cont'd.) RS-2 Residential, Single-Family- 2 District Purpose 3.01.03.H.1 RS-3 Residential, Single-Family- 3 District Purpose 3.01.03.I.1 RS-4 Residential, Single-Family - 4 District Purpose 3.01.03.J.1 Site Plans 11.02.03 et seq. See: SITE PLANS St. Lucie County Rural Land Stewardship Area Overlay Zone Lands within the RLSA Overlay Zone prior to SSA or SRA Designation Density and Intensity 4.05.06.B Stewardship Credits Density and Use 4.05.05.B Transportation Systems Rights-of-Way Determinations and Dedications, Improvements Effect of Donation of Property in Computing Future Residential Density on Remaining Conforming Parcels of Land 7.05.03.F Utilities Requirements for all Developments 7.08.01 DEPARTMENT OF COMMUNITY AFFAIRS Site Plans Review of Site Plans, Procedure for Designation of Minor Site Plan, Major Site Plan, or Planned Development Site Plan Developments of Regional Impact Application for a binding letter of determination from Department of Community Affairs required 11.02.02.E.1 DEPARTMENTS AND OTHER AGENCIES OF COUNTY Development Agreements Procedure for Review of a Development Agreement Review and Recommendations of County Depart- ments 11.08.02.0 Local Planning Agency 12.03.00 et seq. See: LOCAL PLANNING AGENCY Wetlands Protection Coordination with other Agencies 6.02.03.0 DESIGNATE, DESIGNATION Development Design and Improvement Standards Mobile Homes as Accessory Uses 4!) Requirement for Agricultural Property Assessment Designation 7.10.05.A St. Lucie County Land Development Code Supp. No. 20 LDCi:53 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section DESIGNATE, DESIGNATION (Cont'd.) Local Planning Agency Designation and Establishment 12.03.02 Site Plans Review of Site Plans, Procedure for Designation of Minor Site Plan, Major Site Plan, or Preliminary Planned Development Site Plan 11.02.02 St. Lucie County Rural Land Stewardship Area Overlay Zone 4.05.06 et seq. See: ST. LUCIE COUNTY RURAL LAND STEWARD- SHIP AREA OVERLAY ZONE Transportation Systems Street Naming and Identification Designation as Streets, Avenues, etc. 7.05.08.0 Variances Special Provisions where Variance is Sought to Require- ments of Flood Damage Prevention Variances Within Designated Floodways 10.01.25.E DESTRUCTION. See: DAMAGE, DEFACEMENT, DESTRUCTION OR INJURY 111 411 St. Lucie County Land Development Code Supp. No. 20 LDCi:54 Adopted May 19,2009 [The next page is CDi:57] LAND DEVELOPMENT CODE INDEX Section EDUCATION AND TRAINING (Cont'd.) I Institutional District Conditional Uses 3.01.03.X.7 IL Industrial, Light District Permitted Uses 3.01.03.T.2 Research and Education Park—Overlay Zone 4.03.00 et seq. See: RESEARCH AND EDUCATION PARK— OVERLAY ZONE RF Religious Facilities District Conditional Uses 3.01.03.Y.7 TVC—Overlay Zone (Towns, Villages, Countryside) Transferable Development Rights Conditions of the Conservation Easement or Deed Restriction 4.04.05.H EGRESS. See: INGRESS, EGRESS ELECTIONS Board of Adjustment Chairman and Vice-Chairman 12.04.03 Quorum and Necessary Vote 12.04.06 Conditional Uses General Provisions Requirement for Four-Fifths Vote when Protest is Filed 11.07.01.C Planning and Zoning Commission Chairman and Vice-Chairman 12.02.03 Quorum and Necessary Vote 12.02.06 Signs and Billboards Permitted Permanent and Authorized Temporary Signs Authorized Temporary Signs Political Signs 9.01.02.E ELECTRIC, ELECTRICITY U Utilities District Conditional Uses 3.01.03.W.7 Permitted Uses 3.01.03.W.2 Utilities Requirements for all Developments 7.08.01 ELEVATION. See: HEIGHT EMERGENCIES Coastal Area Protection Use of Public Funds in Coastal High Hazard Area 6.02.01.I Development Design and Improvement Standards 7.00.01 et seq. See: DEVELOPMENT DESIGN AND IMPROVE- MENT STANDARDS Mobile Homes and Mobile Home Parks Emergency Shelter 7.10.17.N Newsracks Emergency Removal 7.10.26.I St. Lucie County Land Development Code Supp. No. 20 LDCi:75 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section EMERGENCIES (Cont'd.) Purpose and Criteria 7.10.26.A PNRD Planned Nonresidential Development District Standards and Requirements Parking and Loading On Street Parking 7.02.03.E.3 Public Facilities Development Not Subject to The Requirements of Chapter V, Adequate Public Facilities Exemptions 5.03.01 PUD Planned Unit Development District Standards and Requirements Parking and Loading On Street Parking 7.01.03.F.3 Variances Special Provisions where Variance is Sought to Require- ments of Flood Damage Prevention General Standards for Issuance 10.01.25.0 Wellfield Protection Special Exemptions Review by the Planning and Development Services Director 6.03.06.0 EMINENT DOMAIN WAIVER Applicability 10.03.00.A Authority 10.03.00.B Procedure to Apply For 10.03.00.0 Standards of Issuance of 10.03.00.D Status of Parcels During or After Acquisition by Eminent Domain Action 10.03.01 EMPLOYEES. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, HEDGES, WALLS AND OTHER ENCLOSURES ENCROACHMENTS Landscaping General Landscaping Requirements Parking and Other Vehicular Use Area Interior Landscaping Vehicle Encroachments into Landscaped Areas ... 7.09.04.C.2 Variances Minimum Yard Setback Standards, Administrative Variances for the Required For Mobile Home Parks General Standards for Issuance 10.01.14.B.2 For Recreational Vehicle Parks General Standards for Issuance 10.01.14.A.2 ENDANGERED OR THREATENED SPECIES Coastal Area Protection St. Lucie County Land Development Code Supp. No. 20 LDCi:76 Adopted May 19,2009 LAND DEVELOPMENT CODE INDEX Section ENVIRONMENTAL CONTROL BOARD (Cont'd.) Standard Housing Code Administration 13.08.02 Enforcement 13.08.03 Wellfield Protection Enforcement and Penalties 6.03.07 ENVIRONMENTALLY SENSITIVE LANDS Coastal Area Protection 6.02.01 et seq. See: COASTAL AREA PROTECTION HIRD Hutchinson Island Residential District Environmentally Sensitive Areas 3.01.03.AA.9 Mining Restrictions, Regulations, and Conditions on Mining Permit 6.06.01 Regulation of Motorized Vehicles in Environmentally Sensitive Areas 6.02.04 Riverine Shoreline Protection 6.02.02 et seq. See: BEACHES AND SHORELINES Vegetation Protection and Preservation, Vegetation Relationship to Other Sections of this Code 6.00.02 Wetlands Protection 6.02.03 et seq. 1111 See: WETLANDS PROTECTION EQUIPMENT AND MACHINERY Accessory Buildings, Structures and Uses Particular Permitted Accessory Structures and Uses in Residential, Agricultural, and Planned Unit Development Districts 8.00.03 AG-1 Agricultural - 1 District Conditional Uses 3.01.03.A.7 AG-2.5 Agricultural - 2.5 District Conditional Uses 3.01.03.B.7 AG-5 Agricultural - 5 District Conditional Uses 3.01.03.C.7 Airport Industrial Park Special Regulations Temporary Use and Structure 7.10.18.E Development Design and Improvement Standards Outdoor Displays in Commercial Zoning Districts Exceptions 7.10.02.B Restrictions on Heavy Vehicles in Residential Districts Industrial Equipment Prohibited or Restricted in Residential Districts 7.10.14.0 Home Occupations Use Limitations for Home Occupations 8.01.03 Landscaping General Landscaping Requirements Back-Siphonage and Backflow Preventers,Landscap- ing and Screening Requirements for 7.09.04.H St. Lucie County Land Development Code Supp. No. 20 LDCi:79 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section EQUIPMENT AND MACHINERY(Cont'd.) Sea Turtle Protection Mechanical Beach Cleaning, Standards for 6.04.02.N Towers and Antennas Telecommunications Tower Siting Buildings and Equipment Storage Areas 7.10.23.P Vegetation Protection and Preservation,Vegetation Criteria Governing Approval of Vegetation Removal Permit Vegetation Protection Standards During the Dura- tion of an Approved Notice of Vegetation Removal 6.00.05.0 Wellfield Protection Special Exemptions Review by the Planning and Development Services Director 6.03.06.0 EVACUATIONS Coastal Area Protection Use of Public Funds in Coastal High Hazard Area 6.02.01.I EVIDENCE, TESTIMONY AND WITNESSES Hearings Hearing Procedures Conduct of the Hearing Rights of all Persons 11.00.04.C.1 Examination and Copying of Application and Other Documents 11.00.04.B Right-of-Way Abandonment and Plat Vacation Procedures Application Procedures, Petition Evidence of Taxes Paid 11.10.05.G Title, Evidence of 11.10.05.F EXCAVATIONS Coastal Area Protection Vegetation and Landscaping Selective Clearing and Micro-Siting 6.02.01.D.1 Mining Excavation or Mining Resulting in the Creation of a Water Body 6.06.03 U Utilities District Conditional Uses 3.01.03.W.7 Utilities Water and Sewer Service Systems Sewage Systems 7.08.03.B Vegetation Protection and Preservation,Vegetation Criteria Governing Approval of Vegetation Removal Permit Vegetation Protection Standards During the Dura- tion of an Approved Notice of Vegetation Removal 6.00.05.0 St. Lucie County Land Development Code Supp. No. 20 LDCi:80 Adopted May 19,2009 111` LAND DEVELOPMENT CODE INDEX Section MAINTENANCE (Cont'd.) Wellfield Protection Special Exemptions Review by the Planning and Development Services Director 6.03.06.0 MANUFACTURE, MANUFACTURING AG-1 Agricultural - 1 District Conditional Uses 3.01.03.A.7 AG-2.5 Agricultural - 2.5 District Conditional Uses 3.01.03.B.7 AG-5 Agricultural - 5 District Conditional Uses 3.01.03.C.7 Development Design and Improvement Standards Off-Street Parking and Loading Performance Standards 7.06.02 IH Industrial, Heavy District Conditional Uses 3.01.03.U.7 Permitted Uses 3.01.03.U.2 IL Industrial, Light District Permitted Uses 3.01.03.T.2 Purpose 3.01.03.T.1 1111 PTV(Planned Town or Village)District Standards and Requirements Targeted Industries 3.01.03.EE.2.r Research and Education Park—Overlay Zone Use Limitations,Research and Education Park Overlay Zone Conditional Uses 4.03.05.B MANUFACTURED HOMES AND MANUFACTURED HOME PARKS. See:MOBILE HOMES AND MOBILE HOME PARKS MAPS. See: SURVEYS, MAPS AND PLATS MARINAS CG Commercial, General District Conditional Uses 3.01.03.S.7 Development Design and Improvement Standards Marinas 7.10.09 Off-Street Parking and Loading Performance Standards 7.06.02 HIRD Hutchinson Island Residential District Conditional Uses 3.01.03.AA.6 IL Industrial, Light District Permitted Uses 3.01.03.T.2 PUD Planned Unit Development District Authorized Uses Nonresidential Development Uses 7.01.02.B St. Lucie County Land Development Code Supp. No. 20 LDCi:127 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section MATERIALS AND SUPPLIES AG-1 Agricultural - 1 District Conditional Uses 3.01.03.A.7 AG-2.5 Agricultural - 2.5 District Conditional Uses 3.01.03.B.7 AG-5 Agricultural - 5 District Conditional Uses 3.01.03.C.7 CG Commercial, General District Permitted Uses 3.01.03.S.2 Coastal Area Protection Beach and Dune Protection Restrictions on the Use of Rigid, Fixed Above- Ground Structures and Materials 6.02.01.E.3 Treatment of Impenetrable,Buried,Synthetic Materi- als 6.02.01.E.5 Home Occupations Use Limitations for Home Occupations 8.01.03 Landscaping General Provisions Plant Materials 7.09.03.E Towers and Antennas Telecommunications Tower Siting Aesthetics 7.10.23.G Requirement of Site Plan and Engineering Report 7.10.23.F4111 Vegetation Protection and Preservation, Vegetation Criteria Governing Approval of Vegetation Removal Permit Vegetation Protection Standards During the Dura- tion of an Approved Notice of Vegetation Removal 6.00.05.0 MEASURES. See: WEIGHTS AND MEASURES MEDICAL SERVICES Development Design and Improvement Standards Pain Management Clinics 7.10.29 MEETINGS Board of Adjustment Meetings, Hearings, and Procedures 12.04.07 Secretary 12.04.04 Conditional Uses Application Procedures Pre-Application Conference 11.07.05.A Local Planning Agency Public Meetings and Records 12.03.04 Planning and Zoning Commission Meetings, Hearings, and Procedures 12.02.07 Secretary 12.02.04 St. Lucie County Land Development Code Supp. No. 20 LDCi:128 Adopted May 19,2009 LAND DEVELOPMENT CODE INDEX Section NOTICE, NOTIFICATION (Cont'd.) Historic Preservation Designation Process and Procedure Board of County Commissioners Public Hearing Notice 4.11.06B.8 Government Agencies, Notification 4.11.06B.5 Historical Commission Public Hearing Notice 4.11.06B.6 Notification of Owner 4.11.06B.3 Prompt Decision and Notice Required 4.11.06B.7, 9 Landscaping Removal of Exotic Vegetation Exotic Pest Plants; Maintenance and Removal Lien, Notice of 7.09.05.B.6 Notice to Property Owner 7.09.05.B.2 Newsracks Application and Issuance of Certificate of Compliance Denial of Certificate of Compliance 7.10.26.C(6) Installation and Maintenance 7.10.26.G Public Facilities Proportionate Fair Share Transportation Impact Mitiga- tion Application Process 5.07.00.0 Public Notice Requirements 11.00.00 et seq. See: PUBLIC NOTICE REQUIREMENT Right-of-Way Abandonment and Plat Vacation Procedures 11.10.04 et seq. See: RIGHT-OF-WAY ABANDONMENT AND PLAT VACATION PROCEDURES Special Master Review Process Land Use and Environmental Dispute Resolution - Special Master Review Process Conduct of the Special Master Proceeding Notice and Timing of Special Master Proceeding . 11.14.07.D Initiation of Special Master Proceeding Notice of Filing 11.14.05.0 Stormwater Management Failure to Maintain Stormwater Management Systems 7.07.08 Towers and Antennas Telecommunications Tower Siting Inspections, Reports, Fees, and Monitoring 7.10.23.T Removal of Wireless Telecommunications Towers and Antennas 7.10.23.R Variances Action of Board of Adjustment 10.01.05 Minimum Yard Setback Standards, Administrative Variances for the Required For Mobile Home Parks Application Procedures 10.01.14.B.1 Vegetation Protection and Preservation, Vegetation Criteria Governing Approval of Vegetation Removal Permit Vegetation Protection Standards During the Dura- tion of an Approved Notice of Vegetation Removal 6.00.05.0 St. Lucie County Land Development Code Supp. No. 20 LDCi:135 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section NOTICE, NOTIFICATION (Cont'd.) Notice of Vegetation Removal Required 6.00.03 Vested Rights Zoning Conformance 11.09.02 Notice of Zoning Conformance 11.09.02.0 Wellfield Protection Special Exemptions Review by the Planning and Development Services Director 6.03.06.0 NUISANCES Airport Industrial Park Special Regulations General Provisions 7.10.18.D Development Design and Improvement Standards Off-Road Vehicle Parks Generally 7.10.21.B Home Occupations Use Limitations for Home Occupations 8.01.03 Landscaping General Landscaping Requirements Off-Street Site Lighting Requirements and General Design Standards 7.09.04.K Removal of Exotic Vegetation Exotic Pest Plants;Maintenance and Removal Nuisances Declared and Prohibited 7.09.05.B.1 Variances Special Provisions where Variance is Sought to Require- ments of Flood Damage Prevention Conditions for Variances 10.01.25.F NUMBER, NUMBERING PMUD Planned Mixed Use Development District Standards and Requirements Parking and Loading General Provisions 7.03.03.F.1 PNRD Planned Nonresidential Development District Standards and Requirements Parking and Loading General Provisions 7.02.03.E.1 PUD Planned Unit Development District Standards and Requirements Parking and Loading General Provisions 7.01.03.F.1 Signs and Billboards Permitting and Exemptions Exceptions 9.04.02 Site Plans Review of Site Plans, Procedure for Designation of Minor Site Plan, Major Site Plan, or Planned Development Site Plan Major Site Plan 11.02.02.0 • St. Lucie County Land Development Code Supp. No. 20 LDCi:136 Adopted May 19,2009 0 LAND DEVELOPMENT CODE INDEX Section RE-1 RESIDENTIAL, ESTATE - 1 DISTRICT (Cont'd.) Signs and Billboards 9.01.01 et seq. See: SIGNS AND BILLBOARDS RE-2 RESIDENTIAL, ESTATE - 2 DISTRICT Accessory Uses 3.01.03.G.7 Bed and Breakfast Residences Generally 7.10.20.A Conditional Uses 3.01.03.G.6 Development Design and Improvement Standards Adult Establishments 7.10.10 Animals in Residential Districts 7.10.03 Development Permits Class A Mobile Home Permits Procedure for Review of Class A Mobile Home Permit Applications 11.05.02.D Dimensional Regulations 3.01.03.G.4 Lot Size Requirements 3.01.03.G.3 Off-Street Parking and Loading Requirements 3.01.03.G.5 PMUD Planned Mixed Use Development District Permitted Uses and Locations Low Intensity 7.03.02.0 0 Purpose 3.01.03.G.1 Signs and Billboards 9.01.01 et seq, See: SIGNS AND BILLBOARDS RECEPTACLES. See: BINS, CONTAINERS AND OTHER RECEPTACLES RECORDS AND REPORTS Appeals Procedure,Appeals 11.11.02.0 Board of Adjustment Secretary 12.04.04 Development Agreements Recordation and Effectiveness 11.08.07 Development Design and Improvement Standards Condominium Hotel Unit Uses Reporting and Inspection 7.10.32.D Hearings Hearing Procedures Record of the Hearing 11.00.04.D HIRD Hutchinson Island Residential District Nonconforming Lots of Record 3.01.03.AA.14 Historic Preservation Designation Procedures Recording of Designation 4.11.06B.12 Reports 4.11.06B.12 1111 Local Planning Agency Public Meetings and Records 12.03.04 St. Lucie County Land Development Code Supp. No. 20 LDCi:165 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section RECORDS AND REPORTS (Cont'd.) Nonconformities Lots of Record, Nonconforming 10.00.04 Planning and Zoning Commission Secretary 12.02.04 Right-of-Way Abandonment and Plat Vacation Procedures Effect of Recording Resolution of Abandonment 11.10.09 Recordation of Resolution 11.10.08 Sea Turtle Protection General Standards for Coastal Development within Jurisdictional Boundaries Protective/Mitigation Measures 6.04.02.G.6 New Beachfront Lighting, Standards for Beachfront Lighting Approval 6.04.02.I.9 Site Plans 11.02.04 et seq. See: SITE PLANS St. Lucie County Rural Land Stewardship Area Overlay Zone 4.05.05 et seq. See: ST. LUCIE COUNTY RURAL LAND STEWARD- SHIP AREA OVERLAY ZONE Subdivisions 11.03.01 et seq. See: SUBDIVISIONS Towers and Antennas Telecommunications Tower Siting Inspections, Reports, Fees, and Monitoring 7.10.23.T Requirement of Site Plan and Engineering Report 7.10.23.F Variances Action of Board of Adjustment 10.01.05 Wellfield Protection Special Exemptions Review by the Planning and Development Services Director 6.03.06.0 RECREATION. See: PARKS AND RECREATION RECREATIONAL VEHICLE PARKS Buffer 7.10.16.L Central Utilities, Requirement for 7.10.016.P Density 7.10.16.D Development Design and Improvement Standards Off-Street Parking and Loading Performance Standards 7.06.02 Generally 7.10.16.A Land Use Compatibility 7.10.16.B Landscaping Applicability 7.09.02 General Provisions Requirement for Landscaping Plan 7.09.03.A Provisions re 7.10.16.K Lot Size Requirements 7.10.16.E Maximum Lot Coverage 7.10.16.G • St. Lucie County Land Development Code Supp. No. 20 LDCi:166 Adopted May 19,2009 LAND DEVELOPMENT CODE INDEX Section RECREATIONAL VEHICLE PARKS (Cont'd.) Minimum Park Size 7.10.16.0 St. Lucie County Land Development Code Supp. No. 20 LDCi:166.1 Adopted May 19,2009 LAND DEVELOPMENT CODE INDEX RENTING OR LEASING(Cont'd.) Section U Utilities District Accessory Uses 3.01.03.W.8 REPAIRS. See:RENOVATIONS,REPAIRS AND RESTORA- TIONS REPORTS. See: RECORDS AND REPORTS RESEARCH AND EDUCATION PARK—OVERLAY ZONE Established,Research and Education Park Overlay Zone 4.03.02 Limitations on Land Use Applications 4.03.03 Performance Standards 4.03.04 Building Height 4.03.04.A Landscaping Requirements 4.03.04.E Minimum Yard requirements 4.03.04.D Off-Street Parking and Loading Requirements 4.03.04.F Signs 4.03.04.B Purpose and Intent 4.03.01 Use Limitations, Research and Education Park Overlay Zone 4.03.05 Accessory Uses 4.03.05.0 Conditional Uses 4.03.05.B Permitted Uses 4.03.05.A Use Limitations 4.03.05.D RESEARCH, STUDIES AND TESTS AG-1 Agricultural - 1 District Permitted Uses 3.01.03.A.2 AG-2.5 Agricultural - 2.5 District Permitted Uses 3.01.03.B.2 AG-5 Agricultural - 5 District Permitted Uses 3.01.03.C.2 Coastal Area Protection Beach and Dune Protection Dune Preservation Zone Restriction 6.02.01.E.1 Development Design and Improvement Standards Emergency Services Communications 7.10.25.D Development Permits Wastewater and Sewage Disposal Compliance Permits Contents, Application 11.05.09.B Wetlands Permits Contents, Application 11.05.12.B Home Occupations Authorization 8.01.02 IH Industrial, Heavy District Permitted Uses 3.01.03.U.2 IL Industrial, Light District Permitted Uses 3.01.03.T.2 Public Facilities 5.03.04 et seq. See: PUBLIC FACILITIES St. Lucie County Land Development Code Supp. No. 20 LDCi:169 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section RESEARCH, STUDIES AND TESTS (Cont'd.) Research and Education Park—Overlay Zone 4.03.00 et seq. See: RESEARCH AND EDUCATION PARK— OVERLAY ZONE Sea Turtle Protection Mechanical Beach Cleaning, Standards for Coordination of Beach Cleaning Operations with State-Sanctioned Scientific Studies 6.04.02.N.5 Site Plans 11.02.09 et seq. See: SITE PLANS St. Lucie County Rural Land Stewardship Area Overlay Zone SRA Designation Economic Assessment, SRA 4.05.08.1 Stormwater Management Local Jurisdictional Permit Requirements Discharge 7.07.07.A Towers and Antennas Telecommunications Tower Siting Inspections, Reports, Fees, and Monitoring 7.10.23.T Transportation Systems Rights-of-Way Determinations and Dedications, Improvements Determination of Right-of-Way Alignment 7.05.03.D Utilities Water and Sewer Service Systems Sewage Systems 7.08.03.B Wellfield Protection Special Exemptions Review by the Planning and Development Services Director 6.03.06.0 RESIDENCE, RESIDENTIAL Accessory Buildings, Structures and Uses Fences, Walls, and Hedges 8.00.04 Particular Permitted Accessory Structures and Uses in Residential, Agricultural, and Planned Unit Development Districts 8.00.03 Administration and Enforcement Authorization by a Development Permit Required Prior to Undertaking Any Development Activity Exceptions to Requirement of a Final Development Order 11.01.03 AG-1 Agricultural - 1 District Conditional Uses 3.01.03.A.7 Permitted Uses 3.01.03.A.2 AG-2.5 Agricultural - 2.5 District Conditional Uses 3.01.03.B.7 Permitted Uses 3.01.03.B.2 St. Lucie County Land Development Code Supp. No. 20 LDCi:170 Adopted May 19,2009 LAND DEVELOPMENT CODE INDEX Section RESIDENCE, RESIDENTIAL (Cont'd.) AG-5 Agricultural - 5 District Conditional Uses 3.01.03.C.7 411;) St. Lucie County Land Development Code Supp. No. 20 LDCi:170.1 Adopted May 19,2009 0 LAND DEVELOPMENT CODE INDEX SITE PLANS (Cont'd.) Section Planned Development Site Plan 11.02.02.D Development Review Committee Major Site Plans, Review of Applications for General Procedures 11.02.04.A Minor Site Plans, Review of Applications for General Procedures 11.02.03.A Preliminary and Final Site Plans for Planned Develop- ments, Review of Applications for Review of Preliminary Site Plans 11.02.05.A Expiration of Final Site Plan Approval 11.02.06 Abandonment of Construction 11.02.06.0 Effective Approval Period for a Site Plan 11.02.06.A Site Plan Extensions 11.02.06.B Growth Management Director Conditions on Site Plan Approval Minor Site Plan Approvals 11.02.08.A Designation of Minor Site Plan, Major Site Plan, or Planned Development Site Plan Developments of Regional Impact Application for a binding letter of determination from Department of Community Affairs IIIrequired 11.02.02.E.1 Expiration of Final Site Plan Approval Site Plan Extensions 11.02.06.B Major Site Plans, Review of Applications for General Procedures 11.02.04.A Minor Adjustment to Major Site Plans 11.02.04.0 Minor Site Plans, Review of Applications for General Procedures 11.02.03.A Major Adjustments to Minor Site Plans 11.02.03.E Planned Development Site Plans, Submittals for Final Development Plan Approval 11.02.1OB Planned Development Requirements 11.02.10A Preliminary and Final Site Plans for Planned Develop- ments, Review of Applications for Review of Preliminary Site Plans 11.02.05.A Landscaping Major Site Plans, Review of Applications for Minor Adjustment to Major Site Plans 11.02.04.0 Minor Site Plans, Review of Applications for Minor Adjustment to Minor Development Site Plans 11.02.03.0 Preliminary and Final Site Plans for Planned Develop- ments, Review of Applications for Minor Adjustments 11.02.05.E Major Site Plans, Review of Applications for 11.02.04 Appeals 11.02.04.B C General Procedures 11.02.04.A Major Adjustments to Major Development Site Plans 11.02.04.D St. Lucie County Land Development Code Supp. No. 20 LDCi:201 Adopted May 19,2009 a ST. LUCIE COUNTY LAND DEVELOPMENT CODE j Section SITE PLANS (Cont'd.) Minor Adjustment to Major Site Plans 11.02.04.0 Minor Site Plans, Review of Applications for 11.02.03 Appeals 11.02.03.B General Procedures 11.02.03.A Major Adjustments to Minor Site Plans 11.02.03.E Minor Adjustment to Minor Development Site Plans 11.02.03.0 Planned Development Site Plans, Submittals for 11.02.10 Final Development Plan Approval 11.02.10B Planned Development Requirements 11.02.10A Pre-Application Conference 11.02.01 Planned Developments, Review of Applications for 11.02.05 Appeals 11.02.05.D Final Site Plans, Review of 11.02.05.B Major Adjustments 11.02.05.F Minor Adjustments 11.02.05.E Project Phasing 11.02.05.0 Review of Preliminary Site Plans 11.02.05.A Public Works and Improvements Conditions on Site Plan Approval. See within this subheading that subject Records and Reports Major Site Plans, Review of Applications for General Procedures 11.02.04.A4111 Planned Development Site Plans, Submittals for Final Development Plan Approval 11.02.10B Planned Development Requirements 11.02.10A Submittals for Minor and Major Site Plans 11.02.09 Minor and Major Site Plan Requirements 11.02.09.A Research, Studies and Tests Planned Development Site Plans, Submittals for Final Development Plan Approval 11.02.1OB Planned Development Requirements 11.02.10A Submittals for Minor and Major Site Plans 11.02.09 Minor and Major Site Plan Requirements 11.02.09.A Residence, Residential Conditions on Site Plan Approval Major Site Plan Approvals Reduction in Maximum Residential Density 11.02.08.B.7 Designation of Minor Site Plan, Major Site Plan, or Planned Development Site Plan Major Site Plan 11.02.02.0 Minor Site Plan 11.02.02.B Sewers and Sewage Disposal Conditions on Site Plan Approval. See within this subheading that subject Standards for Site Plan Review 11.02.07 Consistency with Local Ordinances and Comprehensive Plan 11.02.07.A Effect on Nearby Properties 11.02.07.Bfililili) St. Lucie County Land Development Code Supp. No. 20 LDCi:202 Adopted May 19,2009 LAND DEVELOPMENT CODE INDEX Section SITE PLANS (Cont'd.) Environmental Impact 11.02.07.F Fire Protection, Adequacy of 11.02.07.D Public Facilities, Adequacy of 11.02.07.0 School Facilities,Adequacy of 11.02.07.E Submittals for Minor and Major Site Plans 11.02.09 Minor and Major Site Plan Requirements 11.02.09.A Surveys, Maps and Plats Planned Development Site Plans, Submittals for Final Development Plan Approval 11.02.10B Planned Development Requirements 11.02.10A Submittals for Minor and Major Site Plans 11.02.09 Minor and Major Site Plan Requirements 11.02.09.A Water Supply and Distribution Conditions on Site Plan Approval. See within this subheading that subject Yards and Open Spaces Major Site Plans, Review of Applications for Minor Adjustment to Major Site Plans 11.02.04.0 Minor Site Plans, Review of Applications for Minor Adjustment to Minor Development Site 111 Plans 11.02.03.0 Preliminary and Final Site Plans for Planned Develop- ments, Review of Applications for Minor Adjustments 11.02.05.E Sea Turtle Protection Management Coordination 6.04.02.B Sewers and Sewage Disposal Review of Site Plans, Procedure for. See herein that subject Signs and Billboards Permitted Permanent and Authorized Temporary Signs Authorized Temporary Signs Project Marketing Signs 9.01.02.D Stormwater Management Applicability to Existing Development Site Design, Change in 7.07.09.0 Surveys, Maps and Plats Review of Site Plans, Procedure for. See herein that subject Towers and Antennas Telecommunications Tower Siting Requirement of Site Plan and Engineering Report 7.10.23.F Transportation Systems Provisions for Access to New Development Activities Paving Requirements for Roads that Access Develop- ments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access 7.05.07.B St. Lucie County Land Development Code Supp. No. 20 LDCi:203 Adopted May 19,2009 a ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section SITE PLANS (Cont'd.) Water Supply and Distribution Review of Site Plans, Procedure for. See herein that subject Yards and Open Spaces Review of Site Plans, Procedure for. See herein that subject SMOKE. See: DUST, FUMES, ODORS OR SMOKE SOCIAL ORGANIZATIONS. See: CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS SOIL EROSION AND SEDIMENTATION CONTROL Coastal Area Protection Beach and Dune Protection Erosion Control 6.02.01.E.6 Sea Turtle Protection Mechanical Beach Cleaning, Standards for 6.04.02.N Stormwater Management Intent and Purpose 7.07.01 Local Jurisdictional Permit Requirements Requirement for Dry Detention/Retention 7.07.07.0 Variances Special Provisions where Variance is Sought to Require- ments of Flood Damage Prevention General Standards for Issuance 10.01.25.0 Vegetation Protection and Preservation,Vegetation Criteria Governing Approval of Vegetation Removal Permit Vegetation Protection Standards During the Dura- tion of an Approved Notice of Vegetation Removal 6.00.05.0 Wetlands Protection Criteria for Granting Permits 6.02.03.D SOLID WASTE Development Design and Improvement Standards Area,Yard, Height, and Open Space Requirements Requirements Filled Land 7.04.01.D Landscaping General Landscaping Requirements Loading Spaces and Waste Receptacles, Off-Street 7.09.04.F Public Facilities Adequate Public Facilities Findings 5.00.02 Level of Service Standards Establishment of Level of Service Standards 5.06.01.E 14.0) St. Lucie County Land Development Code Supp. No. 20 LDCi:204 Adopted May 19,2009 • LAND DEVELOPMENT CODE INDEX SURFACE WATER(Cont'd.) Section Mining Restrictions, Regulations, and Conditions on Mining Permit 6.06.01 Stormwater Management Intent and Purpose 7.07.01 SURFACING. See: PAVING OR SURFACING SURVEYS, MAPS AND PLATS Development Permits 11.05.02 et seq. See: DEVELOPMENT PERMITS Endangered or Threatened Species Habitat of Endangered or Threatened Species Native Upland Habitat Protection Generally 6.04.01.B Historic Preservation Designation Process and Procedure County Local Register Map 4.11.06B.13 Mining Excavation or Mining Resulting in the Creation of a Water Body 6.06.03 Newsracks Application and Issuance of Certificate of Compliance Procedure 7.10.26.C(4) Public Facilities Proportionate Fair Share Transportation Impact Mitiga- tion Application Process 5.07.00.0 Review of Development Orders Requirements for Certificate of Capacity Application Contents 5.08.02.0 Right-of-way Abandonment and Plat Vacation Procedures 11.10.00 et seq. See: RIGHT-OF-WAY ABANDONMENT AND PLAT VACATION PROCEDURES Sea Turtle Protection Application Contents,Sea Turtle Protection Plan(STPP) Preparation and Submission of STPP 6.04.02.F.1 General Standards for Coastal Development within Jurisdictional Boundaries Protective/Mitigation Measures 6.04.02.G.6 Site Plans 11.02.09 et seq. See: SITE PLANS Subdivisions 11.03.00 et seq. See: SUBDIVISIONS Towers and Antennas Telecommunications Tower Siting Supplemental Review Information for Wireless Telecommunications Tower Conditional Use Applications 7.10.23.Q Supp. No. 20 St. Lucie County Land Development Code LDCi:217 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section SURVEYS, MAPS AND PLATS (Cont'd.) Transportation Systems Rights-of-Way Determinations and Dedications, Improvements Determination of Right-of-Way Alignment 7.05.03.D TVC—Overlay Zone (Towns,Villages, Countryside) Performance Monitoring Future Street Network 4.04.07.D Transferable Development Rights Procedures for Use of Transferable Development Rights Credits 4.04.05.G Utilities Water and Sewer Service Systems Sewage Systems 7.08.03.B Wellfield Protection Special Exemptions Review by the Planning and Development Services Director 6.03.06.0 Zone of Protection Maps 6.03.02 SWALES. See: BERMS AND SWALES SWEAR OR SWORN. See:OATH,AFFIRMATION,SWEAR OR SWORN SWIMMING POOLS Accessory Buildings, Structures and Uses Particular Permitted Accessory Structures and Uses in Residential, Agricultural, and Planned Unit Development Districts 8.00.03 Provisions re 8.00.05 Development Permits Mining Permits Requirement for Permit; Exemptions 11.05.11.A RF Religious Facilities District Accessory Uses 3.01.03.Y.8 Stormwater Management Exemptions from Stormwater Permits 7.07.05 SYNAGOGUES. See: RELIGIOUS ORGANIZATIONS T TAMPER. See: ALTER OR TAMPER TAXATION Historic Preservation Tax Exemptions for Rehabilitations to Designated Properties 4.11.17 Right-of-Way Abandonment and Plat Vacation Procedures Application Procedures, Petition Evidence of Taxes Paid 11.10.05.G St. Lucie County Land Development Code Supp. No. 20 LDCi:218 Adopted May 19,2009 1111 LAND DEVELOPMENT CODE INDEX WELLFIELD PROTECTION Section Businesses and Business Regulations Exemptions Activities exempt Approved Nonresidential Activities, Exemptions for 6.03.05.A.8 Nonresidential activities exempt 6.03.05.B Generally Applicability 6.03.01.B Development Permits Wellfield Protection Operating and Closure Permits 11.05.10 Enforcement and Penalties 6.03.07 Exemptions 6.03.05 Activities exempt 6.03.05.A Application of Pesticides, Herbicides, Fungicides, and Rodenticides, Exemption for 6.03.05.A.4 Approved Nonresidential Activities, Exemptions for 6.03.05.A.8 Continuous Transit and Deliveries, Exemption for 6.03.05.A.2 Fertilizers Containing Any Form of Nitrogen,Exemp- tion for the Use of 6.03.05.A.5 Office Uses, Exemptions for 6.03.05.A.7 Public Utilities, Exemptions for 6.03.05.A.1 1111 Retail Sale and Wholesale Activities,Exemptions for 6.03.05.A.6 Vehicular Fuel and Lubricant Use, Exemption for 6.03.05.A.3 Nonresidential activities exempt 6.03.05.B Generally 6.03.01 Administrative Regulations 6.03.01.0 Applicability 6.03.01.B Legislative Intent 6.03.01.A Growth Management Director Generally Administrative Regulations 6.03.01.0 Special Exemptions Request for exemption 6.03.06.A Review by the Planning and Development Services Director 6.03.06.0 Prohibited Activities 6.03.03 Protection of Future Public Water Supply Well Sites 6.03.04 Special Exemptions 6.03.06 Information and fee required 6.03.06.B Request for exemption 6.03.06.A Review by the Planning and Development Services Director 6.03.06.0 Zone of Protection Maps 6.03.02 WELLS Utilities 0 Water and Sewer Service Systems Water Systems 7.08.03.A St. Lucie County Land Development Code Supp. No. 20 LDCi:243 Adopted May 19,2009 ILL1r11 ilr ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section WETLANDS PROTECTION Coastal Area Protection Shoreline Access Requirements Estuarine Shoreline Criteria 6.02.01.H.4 Coordination with other Agencies 6.02.03.0 Criteria for Granting Permits 6.02.03.D Development Design and Improvement Standards Area,Yard, Height, and Open Space Requirements Open Space Requirements General Guidelines 7.04.02.B Development Permits Wetlands Permits 11.05.12 Exemptions 6.02.03.G Generally 6.02.03.A Permit Required 6.02.03.A.2 Purpose 6.02.03.A.1 HIRD Hutchinson Island Residential District Environmental Zones Wetlands 3.01.03.AA.4.c Jurisdiction 6.02.03.B Mitigation 6.02.03.E Required Buffering 6.02.03.F Vegetation Protection and Preservation, Vegetation Criteria Governing Approval of Vegetation Removal Permit Vegetation Protection Standards During the Dura- tion of an Approved Notice of Vegetation Removal 6.00.05.0 Relationship to Other Sections of this Code 6.00.02 WHOLESALE, WHOLESALER AG-1 Agricultural - 1 District Accessory Uses 3.01.03.A.8 AG-2.5 Agricultural - 2.5 District Accessory Uses 3.01.03.B.8 AG-5 Agricultural - 5 District Accessory Uses 3.01.03.C.8 AR-1 Agricultural, Residential - 1 District Accessory Uses 3.01.03.E.7 Development Design and Improvement Standards Off-Street Parking and Loading Performance Standards 7.06.02 IH Industrial, Heavy District Conditional Uses 3.01.03.U.7 Permitted Uses 3.01.03.U.2 IL Industrial, Light District Permitted Uses 3.01.03.T.2 Purpose 3.01.03.T.1 St. Lucie County Land Development e d l ppoamy nt9,C2ode Supp. No. 20 LDCi:244