HomeMy WebLinkAbout22-029 ORDINANCE No. 2022-29
FILE NO.: TLDC-2208-000018
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. m o N 3
ArD-
LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE o o m E m
SECTION 2.00.00, DEFINITIONS; AMENDING SECTION 7.04.01
z -- Om
REQUIREMENTS, ADDRESSING AT-GRADE ACCESSORY STRUCTURES � g o m
+�°oAoi
AND AMENDING THE FOOTNOTES WITHIN TABLE 7-10; AMENDING ;D o
SECTIONS 10.01.03, 10.01.04, 10.01.05, 10.01.13 AND 10.01.14, CLARIFYING g m N-4 7)
PROVISIONS FOR VARIANCES AND CREATING AN ADMINISTRATIVE N o
VARIANCE PROCESS FOR THE REQUIRED MINIMUM YARD SETBACK N
STANDARDS FOR SINGLE-FAMILY DETACHED DWELLINGS AND
RESIDENTIAL ACCESSORY STRUCTURES; AMENDING SECTIONS 12.04.02, m
12.04.03, 12.04.04, 12.04.05, 12.04.06 AND 12.04.07, PROVIDING FOR A SPECIAL -
MAGISTRATE TO SERVE AS THE BOARD OF ADJUSTMENT; AND
CREATING NEW SECTIONS 12.10.00, 12.10.01, 12.10.02 AND 12.10.03, o 0
ESTABLISHING THE QUALIFICATIONS,APPOINTMENT,COMPENSATION,
DUTIES AND POWERS OF THE SPECIAL MAGISTRATE; 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
ADOPTION; AND PROVIDING FOR CODIFICATION.
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 majority of the variance applications received by County are requests for setback
variances for improvements to single family residential properties; and
WHEREAS, to streamline the regulatory process for specific setback variances pertaining to
single-family detached dwellings and residential accessory structures,an Administrative Variance process
is proposed to increase staffs ability to provide administrative approvals for single family home owners
Page 1 of 20
to address variance requests of up to thirty-five percent (35%) of the minimum front, rear and side yard
setback requirements is proposed; and
WHEREAS, the new Ad
ministrative Variance process is anticipatedmajority to address the of
the received variance requests, as such it is proposed that the Board of Adjustment be composed of a
Special Magistrate, who will be designated by the Board of County Commissioners rather than an
appointed board which may meet infrequently based on the proposed amendment; and
WHEREAS,the Special Magistrate would be appointed by the Board of County Commissioners,
serve at their pleasure and must be a retired Florida judge or be a member in good standing of the Florida
Bar for a minimum of five(5)years; 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, pursuant to the Local Government Code Enforcement Boards Act, the Board of
County Commissioners, as provided in Section 162.03, Florida Statutes, may create or abolish by
ordinance local government code enforcement boards and may adopt an alternate code enforcement
system that gives code enforcement boards or special magistrates designated by the local governing body,
or both, the authority to hold hearings and assess fines against violators of the respective county codes
and ordinances;and
WHEREAS, as provided in the Local Government Code Enforcement Boards Act, a special
magistrate shall have the same status as an enforcement board under Chapter 162,Florida Statutes; and
WHEREAS,on September 15,2022,the Planning and Zoning Commission held a public hearing
on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on September 1,
2022. 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 October 4,2022,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 September 22,
2022; and
WHEREAS, on October 18, 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 October
6, 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 stTikethrough and underline format in Section 2.
Page 2 of 20
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.
SECTION 2.This ordinance specifically amends St.Lucie County Land Development Code,
as follows:
Words in strike-through 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:
Accessory Security Residence: One (1) dwelling unit contained within the commercial building, for on-site security
purposes.
Accessory Structure,At-grade. An accessory structure constructed not more than 30 inches above the finished grade and
not supported by any type of foundation or footer system capable of supporting or permitting the erection or placement of walls
or roofing systems,which may be located within the side or rear yard,except in the case of corner lots,provided that no public
drainage or utility easement is impacted without the expressed written release and authorization for such occupation by all
affected drainage or utility authorities. At-grade construction does not apply to permitted driveways, sidewalks access to or
through a parcel or parking areas that are otherwise compliant with applicable County regulations.
Accessory Use: A structure or use that:
(1) Is subordinate to and serves the principal building or principal use;
(2) Is subordinate in area,extent,and purpose to the principal structure or principal use served;
(3) Contributes to the comfort,convenience,or necessity of the occupant,business,or industry in the principal structure
or use;and
(4) Is located on the same lot as the principal structure or use.
* * * * *
Board of Adjustment:The St.Lucie County Board of Adjustment,as designated by the Board of County Commissioners.
* * * * *
Growth Management Director: The head of the Department of Planning and-Gemmunity Development Services, who
shall be appointed to serve at the pleasure of the County Administrator. Also referred to as the Planning Director or Planning
and Development Services Director within this Land Development Code.
* * * * *
Nonconforming Structure: Any lawfully existing structure or building on the effective date of this Code that does not
comply with all of the provisions of this Code. For purposes of nonconforming structure,lawfully existing means, a structure
or building which does not conform to a current provision or regulation provided in the Comprehensive Plan and/or this Land
Development Code,but was permitted,or otherwise in existence lawfully,prior to the effective date of the ordinance adopting
the current provision or regulation that rendered the structure nonconforming.
Nonconforming Use: Any lawful use of any land,building,or structure on the effective date of
this Code that does not comply with the provisions of this Code. For purposes of nonconforming use, lawful use means,a use
which does not conform to a current provision or regulation provided in the Comprehensive Plan and/or this Land Development
Page 3 of 20
Code,but was permitted,or otherwise in existence lawfully,prior to the effective date of the ordinance adopting the current
provision or regulation that rendered the use nonconforming.
Planning and Development Services Director. The head of the Department of Planning and Development Services,who
shall be appointed to serve at the pleasure of the County Administrator. See Growth Management Director.
* * * * *
Variance: A grant of relief from the requirements of this chapter which permits construction in a manner otherwise
prohibited by this Code where specific enforcement would result in unnecessary hardship.See Section 10.01.00.
* * * * *
Yard or setback: 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 or front yard setback: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 or rear yard setback: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 or side yard setback: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.
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
which it is located, except that unsupported roof overhangs may encroach up to thirty (30) inches within any required
yard setback area and at-grade accessory structures,not more than 30 inches above finished grade and not supported by
any type of foundation or footer system,may be located within the side or rear yard, except in the case of corner lots,
provided that no public drainage or utility easement is impacted without the expressed written release and authorization
for such occupation by all affected drainage or utility authorities. This provision does not supersede the restrictions of
Section 7.10.16(QX 1 Xa)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:
Page 4 of 20
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 development 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 development 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.
3. When topographical conditions are such that compliance with this subsection would be impracticable or cause
grade level conditions detrimental to adjacent or nearby property,the Planning and Development Services Gr-ewth
Management Director shall grant relief from the provisions of this subsection, consistent with Flood Protection
regulations.
4. For non-habitable/non-residential structures, when topographical conditions are such that compliance with this
subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property,the
Planning and Development Services Director may grant relief from the provisions of this
Code,consistent with the intent of the Flood Protection regulations and any other applicable portion of this Code.
Page 5 of 20
TABLE 7-10
LOT SIZE AND DIMENSIONAL RE UIREMENTS
Zoning
District
Maximum
Gross
Density
(Du/Ac)
(a)
Minimum
Lot Size
(sf)
Minimum
Lot Width
Minimum
Road
Frontage
Minimum
Yard
Max.
TIN.
Max. Lot
Coverage by
Buildings
Front
Rear
Side
Side @
comer
AR-1
AGRICULTURAL RESIDENTIAL
1
43,560
150
30
50
30
20
30
35
20%
RE-1
RESIDENTIAL, ESTATE - 1
1
43,560
150
30
50
30(g)
20
30
35
20%
RE-2
RESIDENTIAL, ESTATE - 2
2
17,500
100
100
25(1)
150)
10 1)
20(1)
35
20%
RS-2
RESIDENTIAL, SINGLE-FAMILY-2
2
15,000
100
30
25(1)
IS )(1)
10(1)
20(1)
35
20%
RS-3
RESIDENTIAL, SINGLE-FAMILY - 3
3
10,000
75
30
25(l)
15(g)(1)
10(l)
20(1)
35
30%
RS-4
RESIDENTIAL, SINGLE-FAMILY - 4
4
10,000
75
30
25 1)
I5 1
ZS 1
20(l)
35
30%
8,000
75
30
25(1)
15(gX1)
7.5(1)
20 1)
35
30%
RMH-5
RESIDENTIAL, MOBILE HOME - 5
5
10,000
75
30
25(1)
15(1)
10(1)
20(1)
35
35%
RESIDENTIAL, MULTIPLE FAMILY - 5
5
10,000
100
60
25(b)(1)
15(b)(1)
10 b I
20(b)(1)
35(b,i)
40%
RM-5
SINGLE-FAMILY DEVELOPMENT LOT
10,000
75
30
25(l)
15( 1)
7.5(1)
20(l)
35
30%
8,000(f)
75
30
25(1)
15(gx1)
7.5(1)
20(l)
35
30%
RESIDENTIAL, MULTIPLE FAMILY - 7
7
10,000
100
60
25 b)(1)
15(bX1)
10(b)(1)
20(b)(1)
35 (b,i)
40%
RM-7
SINGLE-FAMILY DEVELOPMENT LOT
10,000
75
30
25(l)
15(g)(1)
7.5(1)
20(l)
35
30%
75
30
25(l)
IS )
7.5(1)
20(1)
35
30%
RESIDENTIAL, MULTIPLE FAMILY - 9
9
10,000
100
60
25(b)(1
15(b)(1)
10 b 1
20(b)(1)
35(b,i)
40%
RM-9
SINGLE-FAMILY DEVELOPMENT LOT
10,000
75
30
25(1)
15(g)(1)
7.5(1)
20(1)
35
30%
8,000(f)
75
30
25(1)
15(9)(1)
7.5(1)
20(1)
35
30%
RESIDENTIAL, MULTIPLE FAMILY - 11
I 1
10,000
100
60
25(b)(1)
15(b)(1)
10 b 1
20(b)(1)
35(b,i)
40%
RM-1 I
SINGLE-FAMILY DEVELOPMENT LOT
10,000
75
30
25(1)
15(g)(1)
7.50)
20(1)
35
30%
8,000(f)
75
30
25(1)
15(g)(1)
7.5(1)
20(1)
35
30%
RESIDENTIAL, MULTIPLE, FAMILY - 15
15
10,000
100
60
25(b)(1)
15(b)(1)
10(b)(1)
20(b)(1)
35(b,i)
40%
RM_ 15
SINGLE-FAMILY DEVELOPMENT LOT
10,000
75
30
25(l)
15(g)(1)
7.5�1)
20(l)
35
30%
8,000(f)
75
30
25(l)
15{ 1
7.5 1
20 1
35
30%
CN
COMMERCIAL NEIGHBORHOOD
10,000
75
60
25
20
10
20
35
50%
CO
COMMERCIAL OFFICE
10,000
75
60
25
20
10
20
35
50%
CG
COMMERCIAL GENERAL
(d)
20,000
100
60
25(b)
20(b)
I 0(b)
20(b)
60(b,i)
50%
CR
COMMERCIAL RESORT
(in)
217,800
100
60
25(b)
20(b)
10
20(b)
60(b,i)
30%
IL
INDUSTRIAL LIGHT
20,000
100
60
25
20
10
20
50(i)
50%
III
INDUSTRIALHEAVY
43,560
200
60
50
40
30
50
80(i)
50%
Ix
INDUSTRIAL EXTRACTION
435,600
(c)
(c)
(c)
(c)
(c)
(c)
(c,i)
(c)
U
UTILITIES
43,560
200
60
40
30
20
20
40
30%
AG- I
AGRICULTURAL - 1
1
43,560
150
60
50
30
20
30
80(i)
20% 0)
AG-2.5
AGRICULTURAL - 2.5
.4
108,900
ISO
60
so
30
20
30
80(i)
15%0)
AG-5
AGRICULTURAL - 5
.2
217,800
150
60
so
30
20
30
80(i)
10%
R/C
RESIDENTIAL/ CONSERVATION
.2
217,800
150
60
50
30
1 20
30
80(i)
2%
Cpub
CONSERVATION - Public
K
11
Lk)
50
30
1
30
(k)
(k)
I
INSTITUTIONAL
20,000
100
60
25
20
1 20
20
40(c,i)
30%
RE
RELIGIOUS FACILITIES
20,000
100
1 60
1 25
20
1 20
20
40(i)
30%
Page 6 of 20
PUD
PLANNED UNIT
SEE SECTION 7.01.03
DEVELOPMENT
PNRD
PLANNED
SEE SECTION 7.02.03
NON-RESIDENTIAL
DEVELOPMENT
PMUD
PLANNED MIXED USE
SEE SECTION 7.03.03
DEVELOPMENT
HIRD
HUTCHINSON ISLAND
SEE SECTION 3.01.03(AA) (b), (d), (i)
RESIDENTIAL DISTRICT
NOTES:
(a) Expressed as dwellings/per acre-
(b) For three (3) or more dwelling units, motel, or hotel uses, use the building spacing formula identified in Section 7.04.03.
(c) For Industrial extraction uses, refer to Mining Regulations, Section 6.06.00.
(d) Maximum net density of thirty-six (36) guest units/acre, except for North and South Hutchinson Island. For hotel/motel development density on North and South Hutchinson Island refer to Policy 11.102 of the St. Lucie County Comprehensive Plan.
(e) All structures in excess of forty (40) feet shall comply with the provision of Section 7.04.03.
(f) With central water.
(g) For enclosed storage structures, greenhouses, child's playhouse and gazebos, ofup to 144 sq. ft. (12' by 12') this dimension may be reduced to five (5) feet.
(h) Ten thousand (10,000) square foot lots permitted when use limitations consistent with the CN and CO zoning districts (see Section 3.01.03(Q) and (R).
(i) For any development activity on Hutchinson Island, refer to Section 4,01.00, Hutchinson Island - Building Height Overlay Zone.
0) For aquaculture production activities, the maximum percentage of lot coverage by building is fifty percent (50%). All buildings are subject to meeting the applicable stormwater management standards andrequirements of this code.
For the purpose of this section, aquaculmre means the cultivation of aquatic organism and aquacultural products as defined in F.S. Ch. 597.0015.
(k) There shall be no minimum lot size required for the Cpub zoning district, however the minimum yard setback for any structures erected on any site zoned Cpub shall be as identified.
(1) For accessible handicap ramps and lifts, the required yard setback maybe reduced to fifty percent (50%) of the minimum setback requirement
The accessible handicap ramp or lift permitted under this amendment shall not have a roof or be enclosed and shall not provide for a deck or landing larger than is necessary to be in compliance with the Florida Accessibility Code for Building Construction. A
Physician's Certification Form and proper Building Permit Application documentation is required.
(m) Maximum hotel/motel density of thirty-six (36) guest units/acre. For hotel/motel projects containing condominium hotel units (as defined in the Land Development Code) the total number of hotellmotel units of any kind (including condominium hotel units)
may not exceed 36 units per acre.
(Ord. No. 08-025, Pt. A, 9-16-2008; Ord. No. 15-002, Pt. A, 4-7-2015 ; Ord. No. 2016-23 , Pt. A, 11-1-2016; Ord. No. 2020-23 , Pt. A, 8-4-2020)
Page 7 of 20
10.01.00. VARIANCES
10.01.01. General.
A. Authority. Unless otherwise provided for in this Code, the Board of Adjustment shall have authority to grant
variances from the dimensional requirements of this Code,in accordance with the standards and procedures set
forth in this section.
B. Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the literal
enforcement of the provisions of this Code would impose upon a landowner unnecessary hardship that can be
mitigated without conferring on the applicant any special privilege.
C. Initiation. A written petition for a variance is to be initiated by the owner of,or any person having contractual
interest in,the property for which relief is sought.
10.01.02. Standards for Granting Variances.
The Board of Adjustment shall not grant a variance unless it shall, in each case,make specific findings of fact
based directly upon the particular evidence presented supporting written conclusions that:
A. The variance requested arises from a condition that is unique and peculiar to the land, structures and
buildings involved;that the particular physical surroundings,the shape,or topographical condition of the
specific property involved, would result in unnecessary hardship for the owner, lessee, or occupant, as
distinguished from a mere inconvenience, if the provisions of this Code are literally enforced;that it is a
condition that is not ordinarily found in the same zoning district, and the condition is created by the
regulations of this Code,and not by an action or actions of the property owner or the applicant;
B. The granting of the variance will not impair or injure other property or improvements in the neighborhood
in which the subject property is located,nor impair an adequate supply of light or air to adjacent property,
substantially increase the congestion in the public streets,increase the danger of fire,create a hazard to air
navigation, endanger the public safety, or substantially diminish or impair property values within the
neighborhood;
C. The variance granted is the minimum variance that will make possible the reasonable use of the land,
building or structures;and
D. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie
County Comprehensive Plan.
10.01.03. Limitations on Granting Variances.
A. Variances shall not be granted that would:
1. Permit a building or structure to have a height in excess of one hundred twenty percent(120%)of that
permitted by Table 1 in Section 7.04.00; or permit a lot width or road frontage less than eighty percent
(80%)of that permitted by said Table,except:
a. In the case of nonconforming lots of record, provided, however, that a variance to construct a
permitted or authorized accessory structure on such a lot shall be governed by the provisions of
Section 10.00.04;and
b. In the AG-1,AG-2.5 and AG-5 Agricultural Districts,road frontage of less than sixty(60)feet may
be permitted on parcels of ten(10)acres or more in total area.
2. Permit the use of land or a structure contrary to the use provisions of Section 3.01.00;
3. Permit a variance from the provisions of Section 4.01.00 that would authorize any building to have a
height in excess of one hundred twenty percent(120%)of the maximum permitted by the particular zone
in which it is located or to be in excess of one hundred twenty-five(125)feet,whichever is less.
B. A variance to construct an accessory agricultural structure on agricultural property lacking sufficient frontage
shall be governed by the provisions of Section 10.01.07.
Page 8 of 20
C. A variance from the requirements of Section 7.07.00, Stormwater Management, shall be governed by the
provisions of Section 10.01.08.
D. A variance from the requirements of Section 7.05.06,Driveways,shall be governed by the provisions of Section
10.01.09.
E. A variance from the requirements of Section 6.05.00, Flood Damage Prevention, shall be governed by the
provisions of Section 10.01.10.
F. No variance from the dimensional requirements of Section 7.00.00, other than variances granted for or in
conjunction with a Final Development Order as described under Section 11.02.00, shall be valid for a period
longer than twelve(12)months unless a building permit is issued.A variance issued for,or in,conjunction with
a Final Development Order as described under Section 11.02.00 shall expire upon the termination of that Final
Development Order unless the Final Development Order is extended or otherwise determined to be compliant
with the provisions of this Code. Upon issuance of the building permit pursuant to the variance approval,the
variance remains for that type of structure in that specific footprint/design in perpetuity,and runs with the land.
The granting of a variance is based on the design and placement of the structure(s)as shown on the approved
site plan/survey and does not reduce or waive any other dimensional requirement for any future structures or
additions. Work not specified or expansions on the approved site plan/survey, excluding ordinary repair and
maintenance,may not be carried out without additional approval(s).
10.01.04. Procedures for Application.
A. Application. An application for a variance shall be filed with the Planning and Development Services Growth
Management Director,accompanied by a non-refundable fee,as established from time to time by the Board of
County Commissioners to defray the actual cost of processing the application.The application shall be in such
form and shall contain such information and documentation as shall be prescribed from time to time by the
Director and shall contain at least the following:
1. Name and address of applicant;
2. Legal description, street address,and lot number and subdivision name, if any, of the property which is
the subject of the application;
3. The size of the subject property;
4. The variance sought and the Section of this Code from which a variance is requested. Except for non-
• residential accessory structures in AG-1,AG-2.5 and AG-5,if the application is for one hundred percent
(100%)variance from road frontage requirements,proof of recorded legal access shall be furnished with
the application;
5. The purpose for the requested variance and a statement of the intended development of property if the
variance is granted;
6. A statement of the hardship imposed on the applicant by this Code;a statement setting forth reasons why
this hardship is unique to the applicant, and why the same hardship is not imposed on other property in
the neighborhood that is similarly situated; a statement of why the variance will not be materially
detrimental or injurious to other property or improvements in the neighborhood in which the subject
property is located;a statement of why the variance will not increase traffic,the danger of fire,or impair
property values in the neighborhood;a statement of why the proposed variance is the minimum variance
that will make possible a reasonable use of the land,building,and structures;and a statement explaining
how the proposed variance is consistent with the general spirit and intent of this Code and the St. Lucie
County Comprehensive Plan;
7. If the variance is sought to erect or increase the height of any structure,to permit the growth of any tree,
or to use property in the Airport Zones established in Section 4.00.00,the application shall be accompanied
by a written determination from the Federal Aviation Administration(FAA Form 7460)as to the effect of
the proposal on the operation of air navigation facilities and the safe,efficient use of navigable airspace.
B. Filing an Application for Approval of a Variance. Within twenty(20)days after an application for approval of
a variance is submitted,the Planning and Development Services Director shall determine
Page 9 of 20
whether the application is complete. If the Director determines that the application is not complete, he or she
shall send a written statement specifying the application's deficiencies to the applicant by mail. The Director
shall take no further action on the application unless the deficiencies are remedied.
C. Review of the Application.
1. Review by the Planning and Development Services Growth-Management Director. When the Planning
and Development Services Director determines an application for approval of a
variance is complete,he or she shall review the application,make a recommendation,and submit it to the
Board of Adjustment.
2. Review by the Airport Director and the FDOT.
a. If the variance is sought to erect or increase the height of any structure,to permit the growth of any
tree, or to use property in the Airport Zones established in Section 4.00.00, the Planning and
Development Services Director shall determine whether the application for
approval of a variance is complete. Once the application is complete, the Director shall furnish a
copy of the application to the St. Lucie County Airport Director and to the Florida Department of
Transportation Aviation Office, 605 Suwanee Street, MS-46,Tallahassee, Florida, within ten(10)
days of the determination of completeness for advice as to the aeronautical effects of the variance.
b. Upon receipt of the comments of the Airport Director and the FDOT,the Planning and Development
Services Growthagement Director shall review the application,make a recommendation,and
submit it to the Board of Adjustment. If the Airport Director does not respond to the application
within fifteen (15) days and the Department of Transportation does not respond within forty-five
(45) days after receipt, the Director shall review the application, make a recommendation, and
submit it to the Board of Adjustment.
10.01.05. Action of Board of Adjustment.
A. Upon determination not ;on that an application for a variance is complete,the Planning and Development
Services Director or designee shall place the application on the agenda of
a regularly scheduled meeting for a public hearing in accordance with Section 11.00.03. In reviewing the
application for variance approval, the Board of Adjustment shall use the standards in Section 10.01.02. The
Board of Adjustment may require the applicant to meet certain conditions before approval of the variance.
B. Within a reasonable time of the hearing,the Board of Adjustment shall issue its decision approving,approving
with conditions,or denying through resolution the requested variance.
C. The Board of Adjustment may place reasonable conditions, limitations,and requirements upon the granting of
any variance as may be necessary to ensure compliance with the intent of this Code.Such conditions,limitations,
or requirements may be placed on the granting of any variance to prevent or minimize adverse effects upon other
property in the neighborhood which might otherwise result from the reductions in standards being requested,
including but not limited to conditions, limitations, or requirements on the size, intensity of use, bulk, and
location of any structure; landscaping; lighting;the provision of adequate ingress and egress, and the duration
of the variance. Such conditions, limitations, or requirements shall be set forth expressly in the resolution
granting the variance.
D. Any variance from the provisions of Section 4.00.00,Airport Overlay Zone,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, in accordance with the standards published in Chapter 14-
60, FAC, Rules of the Department of Transportation. If deemed proper by the Board of Adjustment, this
condition may be modified to require the owner to permit St.Lucie County at its own expense,to install,operate,
and maintain the necessary markings and lights.
E. The decision of the Board of Adjustment shall be mailed to the petitioner and filed with the Planning and
Development Services in accordance with Section 11.00.04(F).
Page 10 of 20
10.01.06. Extensions of Variance Approvals.
The time limitations imposed on any Variance by Section 10.01.03(F) may be extended by the Board of
Adjustment not more than one(1)time,and for not more than twelve(12)months, upon application by the applicant
and after a public hearing held in accordance with Section 10.01.05.
10.01.07. Appeals from the Board of Adjustment.
Any person aggrieved by a decision of the Board of Adjustment may,within thirty(30)days after the rendition
of such decision,appeal to the courts of the State of Florida for relief in accordance with general law.
10.01.13. Administrative Variances to Construct an Accessory Agricultural Structure.
A. Application Procedures.
1. A person desiring to construct an accessory agricultural structure on a parcel lacking frontage shall apply
for a variance on a form provided by the Planning and Development Services lull Werks Director.
2. An application fee in accordance with Section 11.12.00.
3. The application shall be in such form and contain such information and documentation as shall be
prescribed from time to time by the Planning and Development Services olis-Werks Director,but shall
contain at least the following:
a. Name and address of applicant.
b. Legal description of the property which is the subject of the application.
c. Size of the subject property.
d. Description of the existing agricultural operation.
e. Description of proposed accessory structure and proposed use.
f. Proof that the parcel is classified as agricultural land for purposes of ad valorem tax assessment.
4. Within a reasonable period of time not to exceed thirty(30)days after receipt of an application or receipt
of additional information pursuant to this Section, the Planning and Development Services Public Narks
Director shall examine the application or information and notify the applicant of any apparent errors or
omissions, and request such additional information as may be necessary for the processing of the
application.
5. Within thirty(30)working days after an application has been determined to be complete,the Planning and
Development Services perks Director shall either grant the variance or deny the variance, with
reasons clearly stated.
6. Any person aggrieved by a decision of the Planning and Development Services Public Works Director
may within thirty(30)days after the rendition of such decision appeal to the Board of Adjustment pursuant
to procedures set forth in Section 1 1.1 1.00 of this Code.
B. General Standards for Issuance. The Planning and Development Services Public Works Director shall grant the
requested variance if all of the following standards are satisfied:
1. The parcel is classified as agricultural land for purposes of ad valorem tax assessment.
2. The proposed structure will be constructed as a part of an existing productive agricultural operation.
3. The proposed structure and use will be accessory to the already existing agricultural structures and uses.
Page 11 of 20
10.01.14. Administrative Variances for the Required Minimum Yard Setback Standards.
A. For Recreational Vehicle Parks.
1. Application Procedures .
a. A person desiring to decrease any required minimum yard setback in any existing Recreational
Vehicle Park on the effective date of this Ordinance (Ordinance 94-007) by no more than fifty
percent (50%) of the minimum standard shall apply for a variance on a form provided by the
Planning and Development Services Directory ilding Code Administrator or his/her designee.
b. An application fee in accordance with Section 11.12.00.
c. The application shall be in such a form and contain such information and documentation as shall be
prescribed from time to time by the Planning and Development Services Director BuildingCode
or his/her designee, but shall contain at least the following:
1. Name and address of applicant.
2. Legal description of the property which is subject of the application.
3. Size of the subject property.
4. A certified boundary survey for the subject property showing the location of the proposed RV,
Mobile Home,or Single Family Residence,along with all setback and distance measurements
to all adjacent structures,site improvements and utility services.
5. In those cases where the application submitted is for a variance from the requirements of
Section 7.10.I 6(Q)(2),proof that the existing structure(s) on the adjacent property(ies) is the
cause for this application. The applicant must show that the adjacent structure(s) were
constructed without the proper Local Government permits or in violation of those permits and
as a result of the provisions of Section 7.10.16(Q)(2)has subsequently been granted existing
nonconforming status.
d. Within a reasonable period of time,not to exceed thirty(30)days after receipt of an application or
receipt of additional information pursuant to this Section,the Planning and Development Services
Director b or his/her designee shall examine the application or
information submitted and notify the applicant of apparent errors or omissions, and request such
additional information as may be necessary for the processing of the application.
e. Within thirty (30) working days after an application has been determined to be complete, the
Planning and Development Services Director or his/her designee,shall
either grant the variance,grant the variance with conditions or deny the variance with reasons clearly
stated.
f. Any person aggrieved by a decision of the Planning and Development Services Director-ling
or his/her designee, may appeal the decision within thirty (30) days after the
rendition of such decision to the Board of Adjustment pursuant to procedures set forth in Section
11.11.00 of this Code.
2. General Standards for Issuance. The Planning and Development Services Director Building rode
" or or his/her designee, shall grant the requested variance if all of the applicable following
standards are satisfied:
a. Demonstration that the Recreational Vehicle Park was in legal existence upon the effective date of
this Ordinance(Ordinance No. 94-007).
b. Demonstration that the existing structure(s) on the adjacent properties have been constructed
without, or in violation or, prior permit approvals and that these violations have been granted
conforming status consistent with Section 7.10.16(Q)(2)of this Code.
Page 12 of 20
c. Demonstration that the placement of the proposed structure will meet the intent of all separation
standards as required for all Recreational Vehicle Parks,Mobile Home parks,any other applicable
provision of this Code,or the Florida Building Code,fire code(s)and that the requested variance is
the minimum necessary to locate the proposed dwelling unit of the property.
d. The literal application of the provisions of Section 7.10.16(Q)will result in an undue trade-hardship
on the property owners and would otherwise prohibit the use of the petitioned property as others are
used in the surrounding neighborhood.
e. The variance requested will not result in any encroachment into any access/utility easement or other
common area.
f. The variance requested does not result in an encroachment of any more than fifty percent(50%)into
any required yard setback area.
g. The variance requested will not conflict with any other provision of this Code.
3. Conditions on Variances. The Planning and Development Services Director
or his/her designee, shall attach such conditions, limitations and requirements to the variance as are
necessary to effectuate the purpose of this section.
B. For Mobile Home Parks.
1. Application Procedures.
a. A person desiring to decrease any required minimum yard setback in any existing Mobile Home
Park by replacing a pre-existing structure after the effective date of this Ordinance(Ordinance 06-
013)by no more than two-thirds(2/3)of the minimum standard shall apply for a variance on a form
provided by the Planning and Development Services Director or
his/her designee.
b. An application fee in accordance with Section 11.12.00. Exoept-as-etherwise-orevided-bereinr the
c. The application shall be in such a form and contain such information and documentation as shall be
prescribed from time to time by the Planning and Development Services Director Buil�;ng-Gede
Administrator or his/her designee,but shall contain at least the following:
I. Name and address of applicant.
2. Legal description of the property which is subject of the application.
3. Size of the subject property.
4. A certified boundary survey or a scaled plot plan, as deemed necessary by the Planning and
Development Services Director or his/her designee for the
subject property showing the location of the proposed Mobile Home and any accessory
structure,or Single Family Residence and any accessory structure,along with all setback and
distance measurements to all adjacent structures,site improvements and utility services.
d. Within a reasonable period of time,not to exceed thirty(30)days after receipt of an application or
receipt of additional information pursuant to this Section,the Planning and Development Services
Director or his/her designee, shall examine the application or
information submitted and notify the applicant of apparent errors or omissions, and request such
additional information as may be necessary for the processing of the application.
e. Within thirty (30) working days after an application has been determined to be complete, the
Planning and Development Services Director or his/her designee shall
either grant the variance,grant the variance with conditions or deny the variance with reasons clearly
stated.
f. Any person aggrieved by a decision of the Planning and Development Services Director-Building
or his/her designee may appeal the decision within thirty (30) days after the
Page 13 of 20
rendition of such decision to the Board of Adjustment pursuant to procedures set forth in Section
11.11.00 of this Code.
2. General Standards for Issuance. The Planning and Development Services Director—Building-Code
Administrator or his/her designee shall grant the requested variance if all of the applicable following
standards are satisfied:
a. Demonstration that the Mobile Home Park was in legal existence upon the effective date of this
Ordinance(Ordinance No.06-013).
b. Demonstration that the placement of the proposed structure will meet the intent of all separation
standards as required for all Mobile Home parks,any other applicable provision of this Code,Florida
Building Codes or the fire code(s) and that the requested variance is the minimum necessary to
locate the proposed structure on the property.
c. Demonstrate that a similar structure existed on the subject property at the proposed location of the
new structure on the effective date of this Ordinance(Ordinance No.06-013.)
d. Demonstration that the placement of the proposed structure, if a mobile home,will not be located
closer than ten(10)ft(3 m)side to side,eight(8)ft(2.4 m)end to side,or six(6)ft(1.8 m)end to
end horizontally from any other mobile home,manufactured home,single family detached dwelling
or community building unless the exposed composite walls and roof of either structure are without
openings and constructed of materials that will provide a one-hour fire rating or the structures are
separated by a one-hour fire-rated barrier.
e. Demonstration that the placement of the proposed structure, if an accessory structure, if located
immediately adjacent to a site line is constructed entirely of materials that do not support combustion
and provided that such buildings or structures are not less than three(3)ft(0.9 m)from an accessory
building or structure on an adjacent site. An accessory building or structure constructed of
combustible materials shall be located no closer than five (5) ft (1.5 m) from the site line of an
adjoining site.
f. The literal application of the provisions of the Code for required minimum yard setback will result
in an undue txde-hardship on the property owners and would otherwise prohibit the use of the
petitioned property as others are used in the surrounding neighborhood.
g. The variance requested will not result in any encroachment into any access/utility easement or other
common area.
h. The variance requested will not conflict with any other provision of this Code.
3. Conditions on Variances. The Planning and Development Services Director
or his/her designee shall attach such conditions, limitations and requirements to the variance as are
necessary to effectuate the purpose of this section.
C. For Single-Family Detached Dwellings and Residential Accessory Structures.
I. Authority. The Planning and Development Services Director shall have the authority to grant variances
from the dimensional requirements of this Code,of up to thirty-five percent(35%)of the minimum front,
rear and side yard setback requirements within the AR-1,AG-1,AG-2.5,AG-5,R/C,RE-1,RE-2,RS-2,
RS-3,RS-4,RMH-5,RM-5,RM-7,RM-9,RM-11 and RM-15 zoning districts for single-family detached
dwellings and residential accessory structures, in accordance with the standards and procedures set forth
in this subsection. Variances of six(6)inches or less to the front,rear and side yard setbacks for existing
'single-family detached dwelling and/or a residential accessory structure shall be approved at the discretion
of the Planning&Development Services Director or his/her designee without formal application and shall
not be subject to the public notification requirements.
2. Application Procedures.
a. A person desiring to decrease the required minimum yard setback for a single-family detached
dwelling and/or a residential accessory structure shall apply for an administrative variance on a form
provided by the Planning and Development Services Director or his/her designee.
Page 14 of 20
b. An application fee will be established by resolution, which fee shall be periodically updated, in
accordance with Section 11.12.00.
c. The application shall be in such form and contain such information and documentation as shall be
prescribed from time to time by the Planning and Development Services Director or his/her
designee,but shall contain at least the following:
1. Name and address of applicant.
2. Legal description of the property which is subject of the application.
3. Size of the subject property.
4. A certified boundary survey for the subject property showing the location of the proposed
single-family detached dwelling unit and/or residential accessory structure, along with all
setback and distance measurements to all property boundaries, adjacent structures, site
improvements,easements,and utility services.
d. Within a reasonable period of time,not to exceed thirty(30)days after receipt of an application or
receipt of additional information pursuant to this Section,the Planning and Development Services
Director or his/her designee shall examine the application and information submitted and notify the
applicant of apparent errors or omissions, and request such additional information as may be
necessary for the processing of the application. The Department will consider the application
abandoned if applicant fails to provide the additional information within 30 business days of the
request.
3. General Standards for Issuance. The Planning and Development Services Department Director or his/her
designee,shall grant the requested administrative variance if all of the applicable following standards are
satisfied:
a. The applicant shall demonstrate a showing of good and sufficient cause for the requested variance.
b. The granting of the variance will not impair or injure other property or improvements in the
neighborhood in which the subject property is located,nor impair an adequate supply of light or air
to adjacent property,substantially increase the congestion in the public streets,increase the danger
of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or
impair property values within the neighborhood.
c. The variance granted is the minimum variance that will make possible the reasonable use of the
land,building or structures.
d. The variance requested will not result in any encroachment into environmentally sensitive resources
or areas as defined by this Code.
e. The variance requested will not result in any encroachment into any access/utility easement or other
common area.
f. The variance requested does not result in an encroachment of any more than thirty-five percent
(35%)into the required front,rear or side yard setback area.
4. Notice and Posting. Following the determination that the application is complete, the Planning and
Development Services Director or his/her designee,shall notify all property owners within 500 feet of the
subject property of the administrative variance. The applicant shall post a sign on the property in
accordance with Section 11.00.03. The cost of providing notice and posting shall be borne by the
applicant.
5. Public Hearing by Board of Adjustment. If a written objection is obtained from ten percent (10%) or
more from the property owners within the notification area,the application shall be scheduled for a public
hearing before the Board of Adjustment, in accordance with the Section 10.01.05. Notwithstanding
10.01.05 A., for a review of an administrative variance pursuant to this subsection, the Board of
Adjustment shall use the standards 10.01.14 C.,for the review and decision of the administrative variance.
All costs of the public hearing shall be the responsibility of the applicant for the variance.
Page 15 of 20
6. Determination.If there are less than ten percent(10%)written objections provided by the property owners
within the notification area within fourteen (14) calendar days of receiving such notice and upon
completion of the review, the Director shall issue a written determination approving, approving with
conditions,or denying the request.
7. Conditions on Variances. The Planning and Development Services Director may attach such conditions,
limitations and requirements to the administrative variance as are necessary to effectuate the purpose of
this section. Such conditions,limitations,or requirements may be placed on the granting of any variance
to prevent or minimize adverse effects upon other property in the neighborhood which might otherwise
result from the reductions in standards being requested.
8. Scope of variance. The administrative variance approval provides the setback approval for the specific
footprint and the type of structure approved and the variance remains for that type of structure in that
specific footprint in perpetuity,and runs with the land. The granting of an administrative variance by the
Planning and Development Services Director is based on the design and placement of the structure(s)as
shown on the approved survey and does not reduce or waive any other required setbacks for any future
structures or additions. Work not specified or expansions on the approved site plan/survey, excluding
ordinary repair and maintenance,may not be carried out without additional approval(s).
9. Appeals. Any person aggrieved by a decision of the Planning and Development Services Department
Director or his/her designee,may appeal the decision within thirty (30)days after the rendition of such
decision to the Board of Adjustment pursuant to procedures set forth in Section 11.11.00 of this Code.
10.01.15-10.01.16. Reserved.
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)
12.04.02. Membership: Appointment,Removal,Terms, Vacancies, and Qualifications.
A. The Board of Adjustment shall be composed of a special magistrate, who shall be designated by the Board of
County Commissioners.
B.
Page 16 of 20
•
•
he f..`her nder of th d`
H—The Special Magistrate shall not decide vote-upon any matter in which
he or she 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 or she is retained.
C.- The Special Magistrate shall not appear for or represent any person in
any matter before the Planning and Zoning Commission other than himself or herself.
12.04.03. Reserved. .
efthe mbe s Cho d (1\ f♦h h \'i Ch
order in the absence of the Ch
the abs„ f th Ch .d Vi Ch
12.04.04. Secretary.
A.
of their nu„ ber or an An employee of the Planning and Development Services Department Growth Management
Director shall serve as a Secretary.
B. The Secretary,with the aid of the Planning and Development Services Director,shall keep
minutes of the proceedings of the Board of Adjustment and shall maintain all records of Board of Adjustment
meetings,hearings,and proceedings,and the correspondence of the Board.
12.04.05. Office of the Planning and Development Services Department GroNyth
Director.
The Planning and Development Services Director and his/her staff shall provide necessary
professional support to the Board of Adjustment,with the approval of the Board of County Commissioners.
12.04.06. Reserved. .
Page 17 of 20
12.04.07. Meetings,Hearings, and Procedures.
A. Regular meetings of the Board of Adjustment shall be held each month,or as determined by the Planning and
Development Services Director Chaifman.
B. Special meetings may be called ,provided that reasonable notice
of the such meeting is given
C. All proceedings of the Board of Adjustment shall be open to the public.
D. The Board of Adjustment may continue a regular or special 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-effieef at the time of
continuance.
E.
shall-be-fesehethiled-withill-a-reaseRak4e-Pefied-ef-timeThe-See'retafy-shall-RetifY4R-"ting-all-PaFties-and-Sd, eh
F. All records of the Board of Adjustment 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.
12.10.00. - SPECIAL MAGISTRATE
12.10.01.—Establishment of Special Magistrate.
A. There is hereby established a special magistrate who shall serve as the Board of Adjustment as set forth in Section
12.04.00, and such other matters the Board of County Commissioners may assign by ordinance, resolution or
otherwise.
B. 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,a special magistrate may serve as the St.Lucie
County Code Enforcement Board,as described more fully in Chapter 1,Article II,of the St. Lucie County Code
and Compiled Laws,and may enforce the provisions of this Code in accordance with Section 11.13.01(A)of this
Code.
12.10.02. — Qualifications; Appointment; Compensation.
A. Qualifications. To be eligible for service as a special magistrate,a person must:
1. Be a retired Florida judge:or
2. Be a member in good standing of the Florida Bar for a minimum of five years.
B. Appointment. One or more special magistrates shall be appointed by the Board of County Commissioners and
shall serve at their pleasure. A special magistrate shall remain appointed and eligible to preside over cases unless
removed by the Board of County Commissioners.
C. Compensation. A special magistrate shall be compensated at a rate to be determined by the Board of County
Commissioners and under such terms and conditions as otherwise agreed to by contract.
12.10.03.—Duties; Powers.
A. The special magistrate shall have the powers and duties set forth in Section 12.04.00 and such other matters the
Board of County Commissioners may assign by ordinance,resolution or otherwise.
Page 18 of 20
B. The special magistrate shall have all powers necessary to conduct any hearings or appeals assigned to the special
magistrate.
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 on December 1,
2022.
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.
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
Page 19 of 20
PASSED AND DULY ADOPTED this 18th day of October, 2022.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
3
. / BY: 64:?
Deputy Cler CJ�� DA40�, Chair
a � z
41 c, APPROVED AS TO FORM AND
ooUh�root*
CORRECT 6 S:
BY: f/I/ 90L
County • to ney
Page 20 of 20
RON DESANTIS CORD BYRD
Governor Secretary of State
October 27, 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. 2022-029, which was filed in this office on October 27,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/rra
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270