HomeMy WebLinkAbout22-027 ti
ORDINANCE No.2022-027
FILE NO.: TLDC-2206-000017
ro-n?-
n
n
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF o g m2
2 m
ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT z z o L m
CODE SECTION 2.00.00, DEFINITIONS,DELETING THE TERM CLASS
A MOBILE HOME AND AMENDING THE TERMS FOR DETACHED o D =F
SINGLE-FAMILY DWELLING, MANUFACTURED HOME, MOBILE Q m-o w,
111
HOME, AND FINAL DEVELOPMENT ORDER; DELETING SECTION a r
11.05.02, CLASS A MOBILE HOME PERMITS; AMENDING SECTIONS o 0
TO ELIMINATE THE REFERENCES TO CLASS A MOBILE HOMES,
INCLUDING THE RVP, RECREATIONAL VEHICLE PARK AND HIRD, m
HUTCHINSON ISLAND RESIDENTIAL DISTRICTS IN SECTION 3.01.03, o
ZONING DISTRICTS, SECTION 7.10.16, RECREATIONAL VEHICLE o c
PARKS, SECTION 11.00.03, NOTICE, SECTION 11.00.04, HEARING o
PROCEDURES, SECTION 11.01.04, POST-DEVELOPMENT ORDER
CHANGES,SECTION 12.00.00,BOARD OF COUNTY COMMISSIONERS,
AND SECTION 12.06.01, JURISDICTION, AUTHORITY, AND DUTIES;
PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
APPLICABILITY AND SEVERABILITY;AND PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR ADOPTION.
WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County
Government,Florida Statutes,conferred upon local governments the authority to adopt regulations
designed to promote the public health, safety,and general welfare of its citizenry; and
WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the
health, safety,and welfare of the County's citizens; and
WHEREAS, on August 1, 1990, the Board of County Commissioners adopted the St.
Lucie County Land Development Code;and
WHEREAS, the Board of County Commissioners is authorized by Section 125.01(1)(h),
Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are
necessary for the protection of the public; and
WHEREAS, the Board of County Commissioners is authorized by Section 125.01(1)(t),
Florida Statues, to adopt ordinances and resolutions necessary for the exercise of its powers and
to prescribe fines and penalties for the violations of ordinances in accordance with law; and
WHEREAS, the Florida Legislature adopted Chapter 2021-201, Laws of Florida,
amending Section 163.3202 , F.S., to prohibit the application of land development regulations
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 1 of 14
relating to building design elements on single-family or two-family dwelling, including the
external building color,the type or style of exterior cladding material,the style or material of roof
structures or porches, the exterior nonstructural architectural ornamentation, the location or
architectural styling of windows or doors,the location or orientation of the garage,the number and
type of rooms,and the interior layout of rooms; and
WHEREAS, a Florida Attorney General has issued an Advisory Legal Opinion and there
have been legal cases that state a local government may not exclude manufactured homes from a
zoning classification that permits conventionally constructed housing;and
WHEREAS, Section 320.8285(6), F.S., provides that local requirements and regulations
for manufactured homes must be reasonable,uniformly applied,and enforced without distinctions
as to whether such housing is manufactured, located in a mobile home park or a mobile home
subdivision,or built in a conventional manner;and
WHEREAS, on August 18, 2022, the Planning and Zoning Commission held a public
hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on
August 4,2202.The Planning and Zoning Commission recommended to the Board to approve of
the proposed text amendment to the St. Lucie County Land Development Code; and
WHEREAS, on September 6, 2022, the Board of County Commissioners held its first
public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News
Tribune on August 25, 2022; and
WHEREAS,on September 20,2022,the Board of County Commissioners held its second
Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News
Tribune on September 8,2022;and
WHEREAS, the Board has determined that the proposed amendments to the LDC are
consistent with the general purpose, goals, objectives, and standards of the County's
Comprehensive Plan, and are in the best interest of the health, safety, and public welfare of the
citizens of the County.
NOW, THEREFORE, BE IT ORDAINED by the St. Lucie County Board of County
Commissioners that the St. Lucie County Land Development is amended as set forth in the
following amendments,as shown in strikes and underline format in Section 2.
SECTION 1.RATIFICATION OF RECITALS. The foregoing recitals are hereby
ratified and confirmed as true and correct and are hereby made a part of this Ordinance.
•
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 2 of 14
SECTION 2.This ordinance specifically amends St. Lucie County Land Development Code,
as follows:
Words in strike-thfeugth type are deletions from existing text.
Words in underlined type are additions to existing text.
Asterisks(***)indicate existing text not shown.
2.00.00. DEFINITIONS
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
ordinance, have the meanings shown in this section. Where terms are not defined in this ordinance and are
defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.
Where terms are not defined in this ordinance or the Florida Building Code,such terms shall have ordinarily
accepted meanings such as the context implies:
Development Order, Final:
(1) Building Permit;
(2) Class A Mobile Home Permit;
(3) Conditional use approval;
(4) Mining Permit;
(5) Planned Development Final Site Plan Approval;
(6) Major Development Site Plan Approval;
(7) Minor Development Site Plan Approval;
(8) Variance;
(9) Mobile Home(Tie Down) Permit.
Development Order, Preliminary:
(I) Amendment to any Portion of the Comprehensive Plan;
(2) Planned Development Preliminary Site Plan Approval;
(3) Amendment to the Official Zoning Atlas;
(4) Development of Regional Impact—Development Order;
(5) Any other development approval other than a Final Development Order.
Development Permit: For the purposes of this Code, a development permit is that official St. Lucie
County document that authorizes the commencement of construction or land alteration without need for
further application or approval. Development permits include but are not limited to, building permits,sign
permits, mining permits, tree removal permits, mangrove alteration permits, and wastewater and sewage
compliance permits.
Dwelling: Any building or structure or portion thereof that is designed for or used for residential
purposes.
Dwelling, Detached Single-Family: An individual dwelling unit located in a building that is not
physically connected to any other dwelling unit and that is designed to be occupied by no more than one
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 3 of 14
(1)family,living as a separate household unit.
A detached single-family dwelling
includes a mobile home or manufactured home.
Dwelling, Multiple-Family: A building containing three (3) or more dwelling units, designed to be
occupied by three(3)or more families living independently of each other,each as a separate housekeeping
unit.
Dwelling, Two-Family: A building containing two(2)dwelling units,designed to be occupied by not
more than two(2)families living independently of each other,each as a separate housekeeping unit.
Dwelling Unit: A self-sufficient dwelling that is designed for or used as a residence by a single
housekeeping unit.
Manufactured Building:A structure,building assembly,or system of subassemblies,approved by and
bearing the insignia of approval of the Florida Department of Community Affairs,or its successor agency,
pursuant to the provisions of F.S.Ch.553,Part IV.No mobile home,whether complying or not complying
with mobile home construction standards promulgated by the United States Department of Housing and
Urban Development or required by the State of Florida shall be considered a manufactured building for the
purpose of this Code.
Manufactured Home: A structure,transportable
in one(1)or more sections, which is eight(8) feet or more in width and greater than four hundred (400)
square feet, and which is built on a permanent, integral chassis and is designed for use with or without a
permanent foundation when attached to the required utilities.A manufactured home means a mobile home
fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the
building site, with each section bearing a seal certifying that it is built in compliance with the federal
Manufactured Home Construction and Safety Standard Act. The term "manufactured home" does not
include a"recreational vehicle"or"park trailer." [Also defined in 15C-1.0101,F.A.C.]
* * * * *
Mobile Home:A structure transportable in one(1)or more sections,which structure is eight(8)body
feet(2.4 meters)or more in width and over thirty-five(35)feet in length,and which structure is built on an
integral chassis and designed to be used as a dwelling when connected to the required utilities,and includes
the plumbing, heating, air conditioning, and electrical systems contained therein. A mobile home is a
residential unit certified to be in conformity with the Mobile Home Construction and Safety Standards of
the United States Department of Housing and Urban Development, or its successor agency, and the
standards of Section 320.823,F.S.
* * * * *
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 4 of 14
3.01.03. Zoning Districts.
* * * * *
Z. RVP RECREATIONAL VEHICLE PARK.
I. Purpose. The purpose of this district is to provide for the location of recreational vehicles and
travel trailers. The number in "( )" following each identified use corresponds to the SIC Code
reference described in Section 3.01.02(B). The number 999 applies to a use not defined under
the SIC Code but may be further defined in Section 2.00.00 of this Code.
2. Permitted Uses:
a. Single-family residences,including Class A Mobile Homes,subject to the requirements of
Section 7.10.16.(999)
b. Recreational vehicles and travel trailers. (7033)
c. Recreational vehicle parks are subject to the requirements of Section 7.10.16.(7033)
3. Conditional Uses:
a. Telecommunication towers-subject to the standards of Section 7.10.23.(999)
4. Accessory Uses. Accessory uses are subject to the requirements of Sections 7.10.16 and 8.00.00.
a. Solar energy systems,subject to the requirements of Section 7.10.28.
* * * * *
AA. HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT.
I. Purpose. The purpose of the Hutchinson Island Residential District (HIRD) is to provide a
residential environment on North and South Hutchinson Island that is respectful of the natural
resources and value of the barrier islands and can be supported by available public and private
services. HIRD is intended to ensure that the intensity, location, and timing of new residential
growth and development is of a character that can be served by adequate public and private
facilities,and that protects,preserves and enhances the public health, safety,and welfare of the
citizens of St.Lucie County.Hutchinson Island constitutes a unique and valuable public resource
that plays a vital role in defining the County's economic and geographic character. HIRD is
intended to facilitate growth and development of the barrier islands while conserving the natural
and human values the islands represent. Given the environmentally sensitive nature of barrier
islands, HIRD is designed to ensure that growth and development is clustered away from
environmentally sensitive lands and is limited to the more tolerant upland portions of Hutchinson
Island. HIRD is also intended to implement and be consistent with the St. Lucie County
Comprehensive Plan.
* * * * *
15. Additions to Recreational Vehicles, Mobile Homes, and Travel Trailers.
a. Notwithstanding any other provision of this Section, any mobile home, recreational
vehicle, or travel trailer park space located in this district shall be considered an existing
conditional use under Section 11.07.05(G)if and only if:
(1) The mobile home has been erected and occupied,or the recreational vehicle or travel
trailer park space constructed and used,prior to the effective date of this Code;and
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 5 of 14
(2) The mobile home, recreational vehicle, or travel trailer park space was a fully
conforming use on the effective date of this Code.
b. No addition to an existing mobile home shall be permitted unless the addition meets all
requirements of the RMH-5 District.
c. No Recreational Vehicle, Travel Trailer, Detached Single-Family Residence, C1a2.; A
Mobile Home or addition thereto shall be permitted unless the Recreational Vehicle,Travel
Trailer, Detached Single-Family Residence, Glass-A Mobile Home or addition thereto
meets all applicable requirements of Section 7.10.16 (Recreational Vehicle Parks) in
existing recreational vehicle parks, or Section 7.10.17 (Mobile Home Parks) in existing
mobile home parks.
d. An addition in existence as of April 18, 1989,(Ordinance 89-09)which does not meet the
requirement established in this Section shall be deemed a nonconforming structure and
shall be subject to the provisions of Section 10.00.03. 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 Fire Safety 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.
16. Sea Turtle Protection. Sea turtle protection requirements shall be in accordance with Section
6.04.02.
7.10.16.Recreational Vehicle Parks.
A. Generally. Unless otherwise noted,the following standards shall be applied to all Recreational Vehicle
Parks within unincorporated St. Lucie County.
B. Land Use Compatibility. No new Recreational Vehicle Park may be located in any Future Land Use
District other than Commercial(COM),or as permitted in the Mixed Use(MXD)Designation.Unless
otherwise addressed in this Code, any Recreational Vehicle Park located in any other Land Use
Designation shall be considered a nonconforming use.
C. Minimum Park Size. A Recreational Vehicle Park shall be permitted only on tracts on land consisting
of a minimum of five(5)acres and having a minimum frontage of sixty (60)feet on a paved public
road.
* * * * *
Q. Permitted Specific Uses and Additions.
1. Any Recreational Vehicle Park,occupying more than ten(10)acres, unless located on North or
South Hutchinson Island where there shall be no minimum acreage requirement other than that
set out in Section 7.10.15(C), is permitted to have installed, erected, constructed or otherwise
placed on site Recreational Vehicles,Travel Trailers,Detached Single-Family Residences,Glass
A Mobile Homes and additions thereto, including wood decks, screen rooms, patios and like
accessory facilities subject to the following requirements:
* * * *
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,Glass-A Mobile Home including additions thereto,shall not exceed twenty-two
(22) feet above finished grade or minimum flood elevation, whichever is higher. The
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 6 of 14
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.
* * * * *
g. All new or replacement Recreational Vehicles,Travel Trailers,Single-Family Residences,
Glass-4 Mobile Home and additions thereto are required to have a permit from the Planning
and Development Services Director prior to any placement or
construction activity commencing.
* * * * *
11.00.03.Notice.
Notice of all public hearings which are required by a provision of this Code shall be given as follows,
unless expressly stated otherwise:
A. Content of Notice. Every required notice shall include: the date, time, and place of the hearing
or appeal;a description of the substance of the subject matter that will be discussed at the hearing
or appeal; a location description of the properties directly affected including the street address
when available; a statement of the body conducting the hearing; the title of the proposed
ordinance or resolution to be considered (if applicable) and the place or places in the County
where such ordinance or resolution may be inspected by the public; a brief statement of what
action the body conducting the hearing is authorized to take; a statement that interested parties
may appear at the public hearing and be heard with respect to the proposed action; and a
statement that the hearing may be continued from time to time as may be necessary.
B. Publication. Publication of the notice shall be as follows:
1. General: Except as provided in paragraph 2 and 3 below, notice of all public hearings of
amendments to the Official Zoning Atlas, applications for Planned Developments,
applications for conditional use approval, applications for major adjustment to a
conditional use,applications for variances,
and appeals from a decision, order,
requirement, or determination of an administrative officer of the County shall be properly
advertised in a newspaper of general circulation in St. Lucie County not more than thirty
(30)days nor less than ten(10)days before the date of the hearing.
* * * * *
D. Mail. Mailing notice to specific real property owners shall be as follows:
1. Amendments and Applications That Affect Less than Ten(10)contiguous acres:
a. In addition to publication requirements in Section 11.00.03(B),in the case of a public
hearing regarding an amendment to the Official Zoning Atlas that applies to less than
ten (10)contiguous acres in the unincorporated area of the County, applications for
Planned Developments, applications for conditional use approval, and applications
for variances,
, notice shall also be provided by the Planning
and Development Services Director (or the Public Works
Director depending on the application for public hearing that is filed) by mail to all
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 7 of 14
property owners who own real property directly affected by the proposed action and
whose address is known by reference to the latest approved ad valorem tax roll,and
to all property owners who own real property within five hundred (500) feet of the
property directly affected by the proposed action whose address is known by
reference to the latest ad valorem tax rolls.Notification shall be mailed not more than
thirty(30)days nor less than ten(10)days before the date of the hearing.
b. In the case of amendments to the Official Zoning Atlas which have been initiated by
the Board of County Commissioners or its designee and affect less than ten (10)
contiguous acres of land area in the unincorporated area of the County, notice shall
also be provided by the Planning and Development Services Ere -Management
Director (or the Public Works Director depending on the application for public
hearing that is filed)by mail to each real property owner whose land is the subject of
the proposed amendment and whose address is known by reference to the latest
approved ad valorem tax roll. Such notice shall be mailed at least thirty (30) days
before the date of the hearing.
2. Amendments That Affect Ten(10)Contiguous Acres or More of Land. An amendment to
the Official Zoning Atlas or an amendment to the text of this Code that affects ten (10)
contiguous acres or more of the land in the County's jurisdiction does not require notice by
mail.
E. Posting of Notice.
1. After an application has been filed for an amendment to the Official Zoning Atlas, for a
Planned Development, for conditional use approval, or for a major adjustment to a
conditional use,or for a variance
the Planning and Development Services Growth
Management Director (or the Public Works Director depending on the application for
public hearing that is filed) shall cause the posting of a sign or signs on the property
concerned. The sign or signs shall not be less than ten(10)square feet in size and located
where,in the judgment of the Director,the sign or signs would be in the most conspicuous
place to the passing public.Each sign shall contain the following information:
a. Present zoning and requested rezoning classification, if applicable;
b. Conditional use information, if applicable;
c. ;
d. Variance information, if applicable;and
e. Dates of scheduled hearings.
The sign or signs shall be posted not less than ten(10)days prior to the public hearing.
The Director will only be responsible for erection of the sign or signs.
2. The Planning and Development Services Director (or the Public
Works Director depending on the application for public hearing that is filed)shall provide
a signed affidavit stating that the notice was posted at the initiation of the advertising
period.Failure to maintain a conspicuous notice on the property shall not affect any change
or amendment of said Code.
11.00.04.Hearing Procedures.
A. Setting the Hearing. When the Planning and Development Services Director(or
the Public Works Director depending on the application for public hearing that is filed) determines
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 8 of 14
that an application for an amendment to the Official Zoning Atlas, an application for an amendment
to the text of this Code,an application for a Planned Development,an application for conditional use
approval,an application for a major adjustment to a conditional use,an application Meguesting a Class
,or an application for a variance
is completed,or that a petition for an administrative appeal has been filed and is complete,the Director
shall notify the appropriate decision making body so a public hearing may be set and notice given in
accordance with the provisions 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 Development 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 Planning and Development Services 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.
:k :k * *
-14-AS:02:-Class-A-Nlobile-Home-Permitsr
B. A4pplication-Contents cation shall--incclude-th f lv n�llowing infeffnatien
,
3. Statement of ownership of the mobile home
4. fsub:ect p peaty e f and .
the-PfePef No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 9 of 14
-. A description e€the-exterio sh o€the ClasssA Mobile-H , d te_ie f ll d
fee eu�e, iiw�aaii�Seicccrivrwarro-cmQ
10. A d tion fthe dime f the Clan A M bil L
��c a'c�cripero�rorcn�amrcir9ioir:rv: cn�cru�T-c-r.tvvire-rr^vme,
11. Preef that-the Class A Mobile-Home has-menthe M bile Homes Genstu^ afetT
§ 320.823.
sizes outlined in Chapter 6; the results of any required listed species surveys; and an
6, if applicable.
Th d' f-the lot I f le h' h the Cle.. A Mobil Hem r be
E�ric ��i�ci��iei���prmc-curer--parce� e��- aia-vn-=:rrrtcrrm�. cruces-irrrxvmTc-rrvrrrc�S-rv-vc
located-
in€oration.
13. A schematic design of the Class A Mobile Home showing the roof, skirtings, and other
ifaprevemeats
7 t rope Bch the Class A M biI H to be ,ecar
A racer a ee A t e SF1•v ccc ,z c„ mc-crcr��-rznvvire-��rnirc-iTrv-vrn�catea.
AG 2.5.
app4-ieatioa-uniess-the-defieieffeies-afe-Femedied,
2. Within thirty (30)days a ter• the-Pl. nd n l pm t c r, determines the
eTcry cric-vc'ri-Fe@TviTcvern�ceenrrireeT«ra,
wall h d d the Director hell d termine
$pig IEatleil Fs E9mp ate, t eatF9i-.murr-ve�criewev�miv-mc-nircccm-srrssrrvcccrnrmc
meeting,-in accordance with the-procedures in Sections 1 1.00.03 and 1 l.00 nA The Board of
County Commissioners shall obiectieas nd .,Le a determination whether the
..lication meets the def nition of a detached s gle family dwelli.g unit in the forms cif:ed
., Section 1 1 05 02(E) 1\etif cation of the Board of Count., Commissioners' decision shall be
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 10 of 14
1, R/C, RE I, RE 2, RS 2, RS 3, RS 1, RAMH 5, RA7 5, RA7 7, RA19, RAI 11 and RA115.
the application is net eemplete, a ritten statement shall be sent to the a plies t b it
application „le s the.defe edied
Co et; rda ith the ed. Seet: 1 1 nn n2
4. The-public hearingheld en the application-shall-be-in-aeeer th Section 11,0004 In
e .deteehed s gle Fmil„ dwelli„g. „it in the f r eifed in Section 1 1 05 02(E)
11.00.01.
defined e a detached gle famil„ .dwelling. nit the f llowing m .st be determined:
l �4-inim-um - dth o€ gain Body. fie-m•inimt m horizont ension of the rt;e
Agricultural 2.5(AG e\and A grieultural 5 (AG 5) 4oning Districts,n m horizent..l
I. Exterior Finish; Light Reflection. The materials used for the exterior finish and skirting are
.te el
:k * * :t :k
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 11 of 14
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;
det he a le f roily welling idea in Secti
E.F. The powers to review and grant, grant with conditions,or deny conditional uses as provided in
Section 11.07.00;
F . The powers to review and grant or deny applications for development agreements, as provided
in Section 11.08.00;
GH. The powers to interpret boundaries of the various zoning districts on the Official Zoning Atlas,
as provided in Section 1.06.02.
HI. 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;
U. 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.
JK. 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.
12.06.01.Jurisdiction,Authority,and Duties.
In addition to the jurisdiction, authority, and duties which may be conferred on the Planning and
Development Services Director by other provisions,the Director shall also have the following powers and
duties under this Code:
A. The Director shall issue, wastewater and sewage compliance, and airport height permits, and
Class A Mobile Home Permits, in accordance with the procedures in Section 11.05.00.
B. The Director shall grant or deny applications for Certificates of Capacity Exemption, and
Certificates of Capacity Variances in accordance with the procedures in Section 5.00.00.
C. The Director shall grant or deny applications for a Vested Rights Special Use Permit in
accordance with the procedures in Section 11.09.00 of this Code.
D. The Director,whenever a use is not specifically listed in Section 3.01.03 or in the administrative
use regulations,shall make a determination as to whether the proposed use is a use permitted by
this Code, in accordance with Section 3.01.01.
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 12 of 14
E. The Director shall serve as staff planner to the Planning and Zoning Commission and the Board
of County Commissioners,including the provision of aid and technical assistance in:
1. The initiation,processing,and review of applications for amendment to the Official Zoning
Atlas as provided in Section 11.06.00;
2. The initiation,processing,and review of applications for amendment to the text of the Code
as provided in Section 11.06.00;
3. The processing and review of applications for Planned Developments as provided in
Section 11.02.00;
4. The processing and review of applications for conditional use permits as provided in
Section 11.07.00 of this Code;
5. The processing and review of site plans as provided in Section 11.02.00;
detached � gle f- ily dwelling idea in Section 1> 05 02
SECTION 3. CONFLICTING PROVISIONS. Special acts of the Florida legislature
applicable only to unincorporated areas of St. Lucie County,and adopted prior to January 1, 1969,
County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are
hereby superseded by this ordinance to the extent of such conflict.
SECTION 4. SEVERABILITY AND APPLICABILITY. If any portion of this
ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such
holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision
thereof shall be held to be inapplicable to any person,property,or circumstance,such holding shall
not affect its applicability to any other person,property, or circumstance.
SECTION 5. FILING WITH THE DEPARTMENT OF STATE.The Clerk is hereby
directed forthwith to send a certified copy of this ordinance to the Department of State.
SECTION 6. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with
the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County
within ten days after enactment by the Board,and this ordinance shall take effect upon filing with
the Department of State.
SECTION 7. CODIFICATION.Provisions of this ordinance shall be incorporated in the
St. Lucie County Land Development Code, and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections of this ordinance may be
renumbered or re-lettered to accomplish such intention.
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 13 of 14
SECTION 8. ADOPTION. After motion and second, the vote on this ordinance was as
follows:
Chair Sean Mitchell AYE
Vice Chair Frannie Hutchinson AYE
Commissioner Linda Bartz AYE
Commissioner Chris Dzadovsky AYE
Commissioner Cathy Townsend AYE
PASSED AND DULY ADOPTED this 20th day of September, 2022.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
(1/�'�— � tY CO*, BY: 77tt_
Deputy Cler. CJ /gyp Chair
� Z
rG APPROVED S TO FOR • ND
°. .4 CORRECT E •
°OUNTr rt.00°' talk
' ��
County • tor ey
ORDINANCE No.2022-XXX
FILE NO.:TLDC-2206-000017
Page 14 of 14
RON DESANTIS CORD BYRD
Governor Secretary of State
October 6, 2022
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attn: Vera Smith
Dear Michelle Miller:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 2022-027, which was filed in this office on October 6,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/rra
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270