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HomeMy WebLinkAboutSupplement No. 31 - May 2025 SUPPLEMENT NO. 31 May 2025 LAND DEVELOPMENT CODE County of ST. LUCIE,FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No.2024-28,enacted August 6,2024. See the Code Comparative Table for further information. Remove Old Pages Insert New Pages iii iii xiii—xvi xiii—xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:3 SH:3 4:19,4:20 4:19,4:20 4:29,4:30 4:29,4:30 8:5-8:6.3 8:5-8:6.3 8:5-8:8 8:5-8:8.3 11:79-11:80.1 11:79-11:80.2 11:85, 11:86 11:85, 11:86 CCT:7 CCT:7 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. municode POWERED BY CIVICPLUS • info@municode.com 1800.262.2633 I www.municode.com P.O.Box 2235 Tallahassee,FL 32316 CURRENT OFFICIALS of ST. LUCIE COUNTY, FLORIDA Jamie Fowler, Chair Larry Leet, Vice Chair James Clasby Erin Lowry Cathy Townsend County Commissioners Daniel S. McIntyre County Attorney Joseph E. Smith Clerk Circuit Court Coe' George Landry County Administrator St. Lucie County Land Development Code Supp. No. 31 iii Adopted May 19,2009 TABLE OF CONTENTS Page Current Officials iii Officials of the County at the Time of this Codification v Preface vii Adopting Ordinance ix Checklist of Up-to-Date Pages [1] Supplement History Table SH:1 Chapter I. General Provisions 1:1 1.00.00. Title 1:3 1.01.00. Authority 1:3 1.02.00. Purpose and Intent 1:3 1.03.00. Applicability 1:4 1.04.00. Findings 1:4 1.05.00. Incorporation by Reference 1:5 1.06.00. Rules of Interpretation 1:5 1.07.00. Repeal of Prior Provisions 1:7 1.08.00. Effective Date; Enactment 1:7 1.09.00. Severability 1:8 1.10.00. Minimum Requirements 1:8 II. Definitions 2:1 2.00.00. Definitions 2:3 III. Zoning Districts 3:1 3.00.00. Zoning Districts 3:3 3.01.00. Zoning District Use Regulations 3:3 IV. Special Districts 4:1 4.00.00. Airport Overlay Zones 4:3 4.01.00. Hutchinson Island—Building Height Overlay Zone 4:5 4.02.00. River Park—Community Overlay Zone 4:13 4.03.00. Research and Education Park—Overlay Zone 4:18.2 4.04.00. TVC—Overlay Zone (Towns, Villages, Countryside) 4:22.1 4.05.00. St. Lucie County Rural Land Stewardship Area Overlay Zone 4:49 4.06.00-4.10.00. Reserved 4:106 4.11.00. Historic Preservation 4:106 4.12.00. Jenkins Road Area Plan Special District 4:109 V. Adequate Public Facilities 5:1 5.00.00. Adequate Public Facilities 5:3 St. Lucie County Land Development Code Supp. No. 31 xiii Adopted May 19, 2009 TABLE OF CONTENTS—Cont'd. 0 Chapter Page 5.01.00. Definitions 5:5 5.02.00. Procedure 5:10 5.03.00. Development Not Subject to the Requirements of Chapter V, Adequate Public Facilities 5:11 5.04.00. Change of Use 5:16 5.05.00. Demolition or Termination of Existing Land Use 5:17 5.06.00. Level of Service Standards 5:17 5.07.00. Proportionate Fair Share Transportation Impact Mitigation 5:25 5.08.00. Review of Development Orders 5:36 5.09.00. Variances 5:42 5.10.00. Capacity Information Letters 5:43 5.11.00. Fees 5:44 5.12.00. Conflict with Other Regulations 5:45 VI. Resource Protection Standards 6:1 6.00.00. Vegetation Protection and Preservation 6:3 6.01.00. Mangrove Protection 6:14 6.02.00. Environmentally Sensitive Lands 6:15 6.03.00. Wellfield Protection 6:30 6.04.00. Habitat of Endangered or Threatened Species 6:37 6.05.00. Floodplain Management 6:51 0 6.06.00. Mining 6:60.12 VII. Development Design and Improvement Standards 7:1 7.00.00. General Provisions 7:5 7.01.00. Planned Unit Development 7:5 7.02.00. Planned Non-Residential Development 7:12.7 7.03.00. Planned Mixed Use Development 7:21 7.04.00. Area, Yard, Height, and Open Space Require- ments 7:33 7.05.00. Transportation Systems 7:45 7.06.00. Off-Street Parking and Loading 7:65 7.07.00. Stormwater Management 7:82 7.08.00. Utilities 7:86.1 7.09.00. Landscaping and Screening 7:91 7.10.00. Supplemental Standards 7:121 VIII. Accessory and Temporary Structures and Uses 8:1 8.00.00. Accessory Uses and Structures 8:3 8.01.00. Home Occupations 8:8.1 8.02.00. Temporary Uses and Structures 8:8.2 IX. Signs 9:1 9.00.00. Purpose 9:3 9.01.00. Permitted Permanent and Authorized Temporary Signs 9:3 9.02.00. General Provisions 9:19 9.03.00. Prohibited Signs 9:230 9.04.00. Permitting and Exemptions 9:26.1 St. Lucie County Land Development Code Supp. No. 31 xiv Adopted May 19,2009 TABLE OF CONTENTS—Cont'd. Chapter Page 9.05.00. Nonconforming Signs 9:28 X. Hardship Relief 10:1 10.00.00. Nonconformities 10:3 10.01.00. Variances 10:5 10.02.00. Transferable Development Rights—(Reserved) 10:20.1 10.03.00. Eminent Domain Waiver 10:20.1 XI. Administration and Enforcement 11:1 11.00.00. General Provisions; Public Notice Require- ments 11:5 11.01.00. Authorization by a Development Permit Required Prior to Undertaking Any Develop- ment Activity 11:10 11.02.00. Procedure for Review of Site Plans 11:12 11.03.00. Procedure for Platting 11:45 11.04.00. Guarantees and Sureties 11:59 11.05.00. Procedure for Obtaining Development Permits 11:64 11.06.00. Amendments to the Code and Official Zoning Atlas 11:88 11.07.00. Conditional Uses 11:92 11.08.00. Development Agreements 11:99 11.09.00. Vested Rights 11:105 11.10.00. Right-of-Way Abandonment and Plat Vaca- tion Procedures 11:112 11.11.00. Appeals 11:118 11.12.00. Fees 11:120 11.13.00. Enforcement of Code Provisions 11:120 11.14.00. Land Use and Environmental Dispute Resolu- tion - Special Master Review Process 11:126 XII. Decision Making and Administrative Bodies 12:1 12.00.00. Board of County Commissioners 12:3 12.01.00. Environmental Control Board;Environmental Officer;Environmental Control Hearing Board 12:3 12.02.00. Planning and Zoning Commission 12:4 12.03.00. Local Planning Agency 12:7 12.04.00. Board of Adjustment 12:8 12.05.00. Office of the County Administrator 12:10 12.06.00. Office of the Planning and Development Services Director 12:10 12.07.00. Office of the Public Works Director 12:11 12.08.00. Office of the County Engineer 12:12 12.09.00. Development Review Committee 12:12 12.10.00. Special Magistrate 12:13 XIII. Building Regulations and Public Works Construction Manual 13:1 13.00.00. Building Code 13:3 13.01.00-13.07.00. (Reserved) 13:25 13.08.00. Minimum Housing Standards 13:25 St. Lucie County Land Development Code Supp. No. 31 xv Adopted May 19, 2009 TABLE OF CONTENTS—Cont'd. Chapter Page 13.09.00. Exterior Property Maintenance Code 13:26 13.10.00-13.18.00. (Reserved) 13:28 13.20.00. (Reserved) 13:28 Table of Amendments TOA:1 Code Comparative Table—Ordinances CCT:1 Code Index CDi:1 3 -IN St. Lucie County Land Development Code Supp. No. 31 xvi Adopted May 19,2009 Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service,this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp.No. Page No. Supp. No. C Title page 21 2:11,2:12 16 iii 31 2:13,2:14 16 v OC 2:15,2:16 16 vii,viii OC 2:17,2:18 27 ix,x OC 2:18.1 27 xi,xii OC 2:19,2:20 30 xiii,xiv 31 2:21,2:22 30 xv,xvi 31 2:22.1 30 SH:1,SH:2 24 2:23,2:24 29 SH:3 31 2:25,2:26 19 1:1 OC 2:27,2:28 28 1:3, 1:4 OC 2:29,2:30 19 1:5, 1:6 OC 2:31,2:32 19 1:7, 1:8 OC 2:33,2:34 29 2:1 OC 2:34.1 29 2:3,2:4 28 2:35,2:36 24 2:4.1 28 2:37,2:38 24 2:5,2:6 16 2:39,2:40 24 2:7,2:8 16 2:41,2:42 29 2:9,2:10 25 2:42.1 29 2:10.1 25 2:43,2:44 16 [1] CSupp.No.31 0 ST.LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp.No. Page No. Supp.No. 2:45,2:46 19 3:47,3:48 3 2:47,2:48 23 3:48.1 24 2:49,2:50 30 3:49,3:50 2 2:50.1 30 3:51,3:52 2 2:51,2:52 19 3:53,3:54 OC 2:53,2:54 16 3:55,3:56 OC 2:55,2:56 29 3:57,3:58 OC 2:57,2:58 29 3:59,3:60 OC 2:59,2:60 29 3:61,3:62 5 2:61 30 3:63,3:64 OC 3:1 OC 3:65,3:66 OC 3:3,3:4 30 3:67,3:68 OC 3:5,3:6 30 3:69,3:70 OC 3:6.1 30 3:71,3:72 OC 3:7,3:8 29 3:73,3:74 19 3:9,3:10 29 3:74.1 19 3:10.1,3:10.2 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[7] Supp.No.31 0 ST.LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp.No. Page No. Supp.No. 11:71, 11:72 OC 12:9, 12:10 24 11:73, 11:74 OC 12:11, 12:12 24 11:75, 11:76 11 12:13 24 11:77, 11:78 11 13:1, 13:2 20 11:79, 11:80 31 13:3, 13:4 OC 11:80.1, 11:80.2 31 13:5, 13:6 OC 11:81, 11:82 OC 13:7, 13:8 OC 11:83, 11:84 OC 13:9, 13:10 OC 11:85, 11:86 31 13:11, 13:12 OC 11:87, 11:88 20 13:13, 13:14 OC 11:89, 11:90 OC 13:15, 13:16 OC 11:91, 11:92 OC 13:17, 13:18 • OC 11:93, 11:94 OC 13:19, 13:20 OC 11:95, 11:96 OC 13:21, 13:22 OC 11:97, 11:98 OC 13:23, 13:24 OC 11:99, 11:100 OC 13:25, 13:26 20 11:101, 11:102 OC 13:27, 13:28 20 11:103, 11:104 OC TOA:1,TOA:2 3 11:105, 11:106 12 TOA:3 3 3 11:107, 11:108 12 CCT:1,CCT:2 5 11:109, 11:110 OC CCT:3,CCT:4 18 11:111, 11:112 OC CCT:5,CCT:6 27 11:113, 11:114 OC CCT:7 31 11:115, 11:116 OC LDCi:1,LDCi:2 29 11:117, 11:118 20 LDCi:3,LDCi:4 29 11:119, 11:120 20 LDCi:5,LDCi:6 29 11:121, 11:122 20 LDCi:7,LDCi:8 29 11:123, 11:124 20 LDCi:9,LDCi:10 29 11:125, 11:126 20 LDCi:11,LDCi:12 29 11:126.1 20 LDCi:13,LDCi:14 29 11:127, 11:128 OC LDCi:15,LDCi:16 29 11:129, 11:130 OC LDCi:17,LDCi:18 29 11:131, 11:132 OC LDCi:19,LDCi:20 29 11:133, 11:134 OC LDCi:21,LDCi:22 29 12:1, 12:2 24 LDCi:23,LDCi:24 29 12:3, 12:4 24 LDCi:25,LDCi:26 29 12:5, 12:6 20 LDCi:27,LDCi:28 29 12:7, 12:8 20 LDCi:29,LDCi:30 29 [8] Supp.No.31 C CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. LDCi:31,LDCi:32 29 LDCi:107,LDCi:108 29 LDCi:33,LDCi:34 29 LDCi:109,LDCi:110 29 LDCi:35,LDCi:36 29 LDCi:111,LDCi:112 29 LDCi:37,LDCi:38 29 LDCi:113,LDCi:114 29 LDCi:39,LDCi:40 29 LDCi:115,LDCi:116 29 LDCi:41,LDCi:42 29 LDCi:117,LDCi:118 29 LDCi:43,LDCi:44 29 LDCi:119,LDCi:120 29 LDCi:45,LDCi:46 29 LDCi:121,LDCi:122 29 LDCi:47,LDCi:48 29 LDCi:123,LDCi:124 29 LDCi:49,LDCi:50 29 LDCi:125,LDCi:126 29 LDCi:51,LDCi:52 29 LDCi:127,LDC1:128 29 LDCi:53,LDCi:54 29 LDCi:129,LDCi:130 29 LDCi:55,LDCi:56 29 LDCi:131,LDCi:132 29 LDCi:57,LDCi:58 29 LDCi:133,LDCi:134 29 LDCi:59,LDCi:60 29 LDCi:135,LDCi:136 29 LDCi:61,LDCi:62 29 LDCi:137,LDCi:138 29 LDCi:63,LDCi:64 29 LDCi:139,LDCi:140 29 LDCi:65,LDCi:66 29 LDCi:141,LDCi:142 29 C LDCi:67,LDCi:68 29 LDCi:143,LDC1:144 29 LDCi:69,LDCi:70 29 LDCi:145,LDCi:146 29 LDCi:71,LDCi:72 29 LDCi:147,LDCi:148 29 LDCi:73,LDCi:74 29 LDCi:149,LDCi:150 29 LDCi:75,LDCi:76 29 LDCi:151,LDCi:152 29 LDCi:77,LDCi:78 29 LDCi:153,LDCi:154 29 LDCi:79,LDCi:80 29 LDCi:155,LDCi:156 29 LDCi:81,LDCi:82 29 LDCi:157,LDCi:158 29 LDCi:83,LDCi:84 29 LDCi:159, LDCi:160 29 LDCi:85,LDCi:86 29 LDCi:161,LDCi:162 29 LDCi:87,LDCi:88 29 LDCi:163,LDCi:164 29 LDCi:89,LDCi:90 29 LDCi:165,LDCi:166 29 LDCi:91,LDCi:92 29 LDCi:167,LDCi:168 29 LDCi:93,LDCi:94 29 LDCi:169,LDCi:170 29 LDC1:95,LDC1:96 29 LDCi:171,LDCi:172 29 LDCi:97,LDCi:98 29 LDCi:173,LDCi:174 29 LDCi:99,LDCi:100 29 LDCi:175, LDCi:176 29 LDCi:101,LDCi:102 29 LDCi:177, LDCi:178 29 LDCi:103,LDCi:104 29 LDCi:179,LDCi:180 29 LDCi:105,LDCi:106 29 LDCi:181,LDCi:182 29 [9] Supp.No.31 0 ST.LUCIE COUNTY LAND DEVELOPMENT CODE Page No. Supp.No. LDCi:183, LDCi:184 29 LDCi:185, LDCi:186 29 LDCi:187,LDCi:188 29 LDCi:189,LDCi:190 29 LDCi:191, LDCi:192 29 LDCi:193, LDCi:194 29 LDCi:195,LDCi:196 29 LDCi:197,LDCi:198 29 LDCi:199,LDCi:200 29 LDCi:201,LDCi:202 29 LDCi:203,LDCi:204 29 LDCi:205,LDCi:206 29 LDCi:207,LDCi:208 29 LDCi:209,LDCi:210 29 LDCi:211,LDCi:212 29 LDCi:213,LDCi:214 29 LDCi:215,LDCi:216 29 LDCi:217,LDCi:218 29 LDCi:219,LDCi:220 29 LDCi:221,LDCi:222 29 LDCi:223,LDCi:224 29 LDCi:225,LDCi:226 29 LDCi:227,LDCi:228 29 LDCi:229,LDCi:230 29 LDCi:231,LDCi:232 29 LDCi:233,LDCi:234 29 LDCi:235,LDCi:236 29 LDCi:237,LDCi:238 29 LDCi:239,LDCi:240 29 LDCi:241 29 [10] Supp.No.31 SUPPLEMENT HISTORY TABLE Date Include/ Ord. No. Adopted Omit Supp. No. 2023-05 3-21-2023 Include 25 2023-7 5-16-2023 Include 25 2023-14 10-17-2023 Include 26 2023-17 12- 5-2023 Include 26 2021-34 9- 7-2021 Include 27 2024-08 2-20-2024 Include 27 2024-11 2-20-2024 Include 27 2024-1A 1- 9-2024 Include 27 2024-5 1- 9-2024 Include 27 2024-014 4- 2-2024 Include 28 2024-10 2-20-2024 Include 28 2024-3 1-23-2024 Include 28 2024-012 4- 2-2024 Include 28 2024-19 6- 4-2024 Include 29 2024-26 7- 2-2024 Include 29 2024-28 8- 6-2024 Include 29 2024-29 10- 1-2024 Include 30 2024-31 9-17-2024 Include 30 2025-05 2-18-2025 Include 31 2025-1 1- 7-2025 Include 31 2025-3 1- 7-2025 Include 31 Supp.0 St. Lucie County Land Development Code No. 31 SH:3 Adopted May 19,2009 SPECIAL DISTRICTS 4.03.03 C. This Section indicates the permitted, conditional and accessory uses and performance standards that will be utilized when reviewing applications for a change in zoning, future land use designation, site plan or building permit in the area further described in this Section. 4.03.02. Research and Education Park Overlay Zone Established. A. The Research and Education Park Overlay Zone shall consist of all those parcels of land lying in the boundaries of the Research and Education Overlay Zone Map as shown below and on the County's Official Zoning Atlas: RESEARCH AND F DU(AI ION PARK OVERLAY ZONES 1St .2 IIIIN \rill 1-1 Ao ::::::::::::::::::. . 4. C t:::::::::::::::::::::::::::::::::::::::: .:...............:.:..... . .....:::.: WO Ce B. The Research and Education Park Overlay Zone, created in Paragraph A above is generally described as follows: Lands dedicated to a Research and Education Park consisting of public and private research and education institutions and business support facilities that further the intent of the Research and Education Park Overlay Zone. The area is intended to accommodate research institutions, low environmental impact manufacturing facilities that support or are associated with the research and education institutions within the Research and Education Park. (Ord. No. 2025-05, § 2, 2-18-2025) 4.03.03. Limitations on Land Use Applications. Any Future Land Use Map Change within the Overlay Zone shall be to Special District (SD - Research and Education Park). All applications for a change in zoning within the Cie Research and Education Park Overlay Zone shall be to Planned Non-Residential Develop- St. Lucie County Land Development Code Supp. No. 31 4:19 Adopted May 19,2009 4.03.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE ment (PNRD). All building permit applications shall be reviewed and approved by the Planning and Development Services Director or his or her designee prior to the issuance of construction authorizations within the Research and Education Park Overlay Zone. The appropriate location and mix of uses will be determined through the planned development process in a manner that adheres to the guidelines and standards set forth in this overlay zone and the Research and Education Park Master Plan. Uses are to be segregated as to intensity and are to ensure compatibility with lands outside the overlay zone. The following sub-zones are created to identify the type of permitted, conditional and accessory uses allowed within Zone A and Zone B. The specific uses are identified below and Section 4.03.05. LAND USE OPTIONS ZONE A ZONE B RESEARCH EDUCATION ZONE RESEARCH AGRICULTURE ZONE PNRD: Allows agriculture, professional and busi- ness office, research, development, Institutional and light manufacturing,process- ing, distribution, business incubator, and accelerator business (as identified under 4.03.05). Research Education Zone: The Research Zone is established to provide sites for education and research activities, related manufacturing, business and scientific activities that could benefit from location in or adjacent to Research and Education Park facilities. This zone is intended to accommodate educational facilities that promote higher learning and research facilities, prototype production facilities and other manufacturing operations that require the continual or recurrent application of research knowledge and activity as an integral part of the manufacturing process. Professional office and commercial support facilities may also be located within this zone. This zone is intended to support the life cycle of education,food, agriculture, and technology uses spurred by the research zone, from research, to business incubator and accelerator,to processing,and distribution of the products created at the Park. Research Agriculture Zone:The Research Agriculture Zone is established to provide an area of scientific research and development in the life sciences and agriculture for training and the production of prototype products,plans or designs. This zone is intended to accommodate agriculture production associated research facilities, and pilot projects that require the continual application of agriculture research knowledge and activity. (Ord. No. 10-034, Pt. A, 11-9-2010;Ord. No. 2020-12, Pt. A, 6-1-2020) St. Lucie County Land Development Code Supp. No. 31 4:20 Adopted May 19,2009 SPECIAL DISTRICTS 4.04.04 land, unless the parcel is less than thirty-two (32) acres. The five-acre minimum parcel size for the standard PUD category would not apply to such an application. (2) Such residential subdivisions must provide an interconnected street network as described in Section 3.01.03.EE.2.k and water management in the form of an interconnected system consistent with and connected, if possible, to the Flow Way System as described in Section 3.01.03.EE.2.p. 2. Residential development on land designated TVC that is inside the Urban Service Boundary(USB) is afforded the following special allowances: a. Density may be increased in all proposed development inside the USB through acquisition of TDR credits from eligible sending sites (see Section 4.04.05). b. Transferable development rights are awarded higher multipliers when the receiving site is located inside the USB. F. Residential Driveways and Garages. 1. Intent. TVC Settlement Principles include public streets designed to meet the needs of all users, including pedestrians, bicyclists, and motor vehicles. In residential neighborhoods, an important walkability consideration is whether driveways, cars and on-street parking dominate the streetscape or continuous, wide, uninterrupted sidewalks and healthy street trees are provided. The intent of this sub-section is to ensure that residential garages and driveways do not compromise the walkability and intended pedestrian character of a neighborhood. 2. Applicability. The standards in this sub-section apply to new dwellings built in new subdivisions in the PTV, PCS, or PRW Zoning Districts and to new dwellings in new subdivisions approved pursuant to 4.04.04.D. and 4.04.04.E. Residential develop- ment on existing parcels and residential development in new subdivisions created pursuant to LDC sub-section 4.04.04.D.3. (after transfer of development rights) are exempt from these garage and driveway standards. 3. Garage and Driveway Standards. a. Front-loaded garage doors shall not comprise more than fifty percent (50%) of the width of the front elevation of the house (including the garage). b. Notwithstanding the previous provision, up to twenty percent (20%) of dwell- ings within a neighborhood can include garage doors which measure up to sixty percent (60%) of the width of the front elevation of the house. c. Different house types and lot widths must be dispersed throughout the neighborhood to provide variety to the streetscape. d. Driveway width should be limited at the property line to protect the priority of the sidewalk and to enable on-street parking. In no case shall the driveway width exceed fifty percent (50%)of the lot width or twenty(20) feet,whichever St. Lucie County Land Development Code Supp. No. 31 4.29 Adopted May 19,2009 4.04.04 ST. LUCIE COUNTY LAND DEVELOPMENT CODE is narrower, where the driveway meets the property line. Where measured elsewhere, single-family residential driveway widths shall not exceed twenty- two (22) feet. e. Front-loaded garages on residential lots greater than forty-five (45) feet in width shall be recessed from the main façade no less than ten (10) feet. The garage recess may be measured from a front porch so long as the porch is at least six(6)feet deep and the width is at least thirty percent(30%)of the front elevation. (Front porches meeting this standard may encroach into the front setback.) f. Front-loaded garages on residential lots less than forty-five (45) feet in width must meet this standard unless modifications are granted, pursuant to paragraph 4 below. g. The width of a side-loaded garage shall not be limited relative to the width of the lot or dwelling,if the wall of the garage facing a street includes at least two (2) windows and other features to resemble living space. The width of a driveway serving a side-loaded garage shall be limited to twenty(20)feet where it meets the property line. Side-loaded garages may also have reduced setbacks from the front property line. h. The width of a garage or driveway accessed from a rear alley shall not be limited relative to the width of the lot or dwelling. 4. Design Flexibility. a. Deviations from these standards may be approved by the Board of County Commissioners upon demonstration that other proposed design features adequately mitigate the impacts of larger garages and driveways on the neighborhood streetscape. At time of approval of a Regulating Plan and Preliminary Development Plan, the Board of County Commissioners may delegate to the Planning and Development Services Director authority to approve deviation from the standards in paragraph 3 if the Director, in his or her professional judgment, determines that the proposed alternative design is consistent with the intent to provide safe and inviting streetscapes that encourage walking and that the impact of larger driveways or garages has been adequately mitigated. b. Such alternative design options include but are not limited to: i. Commitment to provide a minimum percentage of dwellings within the neighborhood that have a one-car garage and/or a driveway that does not exceed twelve (12)feet in width; ii. Provision of structured soils or a modular suspended pavement system designed to meet the needs for water, soil and oxygen for the roots of mature street trees, while still supporting the weight of heavy vehicles. St. Lucie County Land Development Code Supp. No. 31 4:30 Adopted May 19,2009 (-..•.- ACCESSORY, TEMPORARY STRUCTURES AND USES 8.00.04 In those subdivisions, condominium, home owners or property owners association areas that have duly recorded property or deed restrictions that impose stricter standards than outlined above,the stricter standards of the subdivision,condominium, home owners or property owners association shall apply, and enforcement of those standards shall be the responsibility of the duly recognized and empowered condominium, home owners or property owners association. Nothing in this section shall be implied to restrict the general public health, safety and police powers of the Board of County Commissioners in directing that any unsafe or hazardous situation be removed should such a situation be brought to the County's attention. G. Private water and sewage utility services provided that they are for the sole use of the particular private development, are not intended to be a sub-regional system, and do not involve industrial wastewater as defined. H. Swimming beaches. I. Non-commercial docks and boat houses. J. Home occupations subject to the requirements of Section 8.01.00. K. Historic and monument sites. L. Solar energy system subject to the requirements of Section 7.10.28. (999) M. Cargo containers subject to the requirements of Section 7.10.35. (Ord. No. 10-034, Pt. A, 11-9-2010; Ord. No. 2020-22, Pt. A, 8-4-2020) 8.00.04. Fences, Walls, Berms and Hedges. The requirements of this section are minimum requirements and shall not be construed to supersede any fence requirements in state law,such as specific requirements for fencing and barriers around swimming pools. Fences, walls, and hedges are permitted, as follows: A. Fences, gates, and walls shall comply with industry standards along with governing rules and regulations, including the Florida Building Code, as applicable; shall require the proper permits prior to construction; and shall be constructed in accordance with the reviewed plans and permit. Fences, gates, and walls must be constructed of conventional and traditional materials, including, but not limited to, termite-resistant species of wood or wood treated to resist rot and termites,concrete, stone, brick, aluminum, iron, steel, chain link, PVC, or composite products. Fences and walls shall be constructed in a workmanlike manner and shall be of sound and sturdy construction. All fences and walls shall be maintained in a safe and sound manner and free of graffiti. B. In any residential zoning district, which includes Agricultural Residential (AR-1), a fence, wall or landscape berm shall be designed and located as follows: 1. In any required front yard, the fence, wall or landscape berm shall not exceed a maximum height of four(4)feet above the elevation of the centerline of the roadway adjacent to the property on which the fence,wall or landscape berm is to be located. St. Lucie County Land Development Code Supp. No. 31 8:5 Adopted May 19,2009 8.00.04 ST. LUCIE COUNTY LAND DEVELOPMENT CODE For sites where a significant grade change exists between the elevation of the centerline of the adjacent roadway and the property on which the fence, wall or landscape berm is to be located, the Planning and Development Services Director or designee shall have the ability to utilize the pre-development grade for the measurement of height in those instances. The following standards are also applicable: a. Columns are allowed,including decorative features,caps and finials,when integrated into a fence or wall, and may exceed the permitted height by a maximum of one(1)foot. Columns which exceed permitted height shall be not more than three (3) feet in width and shall be spaced at least six (6) feet apart. b. Entry features, such as columns and gates, located contiguous to and on both sides of the main access(driveway)may be permitted up to six(6)feet in height,provided an obstruction to cross-visibility is not created. Access gates on the driveway shall be located a minimum of twenty-two(22)feet from the edge of the roadway. c. Two(2) individual column entrance features on the side of the pedestrian walkway or gate may be permitted at a maximum height of five (5) feet, provided an obstruction to cross-visibility is not created. 2. In any other required yard, a fence, wall or landscape berm is allowed at a maximum height of six (6) feet above the elevation of the centerline of the roadway adjacent to the property, except that: a. If a residential lot adjoins a non-residentially zoned lot, fence height may be increased to a maximum of eight (8) feet along the adjoining lot lines. b. If the rear or side lot line of a residential lot adjoins a street right-of-way, the fence,wall or landscape berm height may be increased to a maximum of eight (8) feet along the street right-of-way, as depicted in Figure 8-1 below, provided that no other provision of this Code is violated. 3. When it is necessary for safety or security purposes for a public use or public facility,the Planning and Development Services Director may authorize a fence of up to six(6)feet in height in any required yard, with the exception of across the front property line contiguous to a street right-of-way. In no event shall the fence be permitted to create a traffic hazard or obstruct cross-visibility along a right-of-way and/or at intersections. 4. Fences that are constructed, in whole or in part, of cattle wire, chicken wire, razor wire or barbed wire or similar materials are not permitted within the RE-1, RE-2, RS-2, RS-3, RS-4, RMH-5, RM-5, RM-7, RM-9, RM-11, RM-15 and HIRD zoning districts. Nontraditional materials, including, but not limited to tires, mufflers, hubcaps, or broken glass are prohibited. St. Lucie County Land Development Code Supp. No. 31 8:6 Adopted May 19,2009 ACCESSORY, TEMPORARY STRUCTURES AND USES 8.00.04 5. Notwithstanding subsection 8.00.04 B.4.,residential properties within the RE-1,RE-2, RS-2,RS-3,RS-4,RMH-5,RM-5,RM-7,RM-9,RM-11,RM-15 and HIRD that are contiguous to a local, state,or federal named preserve area with an existing cattle wire or chicken wire fence installed by a local, state, or federal agency, may construct a fence with cattle wire or chicken wire within the rear and side yard, so as to provide for consistent fence design and material to the existing fence. In no event shall a fence be permitted within the required front yard or allowed to create a hazard or be inconsistent with the remaining provisions of Section 8.00.04. C. In non-residential zoning districts, a fence, a maximum of eight (8) feet in height, may be located anywhere on the lot. In no event shall the fence be permitted to create a traffic hazard or obstruct cross-visibility along a right-of-way and/or at intersec- tions. D. Hedges of any height may be located within any required front, rear or side yard provided that any hedge located at the intersection of two (2) streets shall comply with the cross-visibility provisions of Section 7.09.04(D). E. A permit shall not be required for split-rail fencing, cattle wire, chicken wire, barbed wire, and post-and-rail fencing within the Agricultural Residential (AR-1), Agricultural-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts, at a maximum height not to exceed six(6)feet above the elevation of the centerline of the roadway adjacent to the property on which the fence is located; however, the fence is subject to floodplain management regulations. Within the Agricultural Residential (AR-1) zoning district, fence height within the required front yard shall comply with subsection 8.00.04.B.1. The property owner is responsible for ensuring the location of the fence is wholly on their property and that the fence does not create an obstruction to cross-visibility. F. A permit shall not be required for a fence located on a property used for bona fide agricultural purposes,classified as agricultural land pursuant to F.S. § 193.461. The fence is exempt from the Florida Building Code; however, the fence is subject to floodplain management regulations. The property owner is responsible for ensuring the location of the fence is wholly on their property and that the fence does not create an obstruction to cross-visibility. A barbed wire fence and electrically charged fence may be constructed subject to the requirements of applicable State and Federal laws and regulations. G. Fencing or walling of vacant properties shall not be permitted. A fence or wall is an accessory structure, as defined in Section 2.00.00. As provided in Section 8.00.01, accessory structures and uses are permitted only in connection with any principal lawfully existing permitted use or conditional use. H. No fence, wall or hedge shall be constructed or installed in such a manner as to interfere with drainage on or adjacent to the property. Fences and walls in regulated floodways that have the potential to block the passage of floodwaters shall meet the limitations of Section 6.05.09(C)(4). St. Lucie County Land Development Code Supp. No. 31 8:7 Adopted May 19,2009 8.00.04 ST. LUCIE COUNTY LAND DEVELOPMENT CODE FIGURE 8-1 INA RESIDENTIAL ZONINO DISTRICT.THE MAYJMUIA HEIGHT OF ANY FENCE WMl OR HEDGE IN THE REQUIRED FRONT YARD SHALL NOT EXCEED FOUR FEET STREET RIGHT-OF-WAY A FRONT YARD (REQUIRED MINIMUM DEPTI- v SIDE YARD SIDE YA- REAR YARD IN A RESDENTIALZONNO DISTRICT,THE MAXIMUM HEIGHT OF ANY FENCE,WALL OR HEDGE THAT IS NOT LOCATED IN THE REQUITED FRONT YARD.SHALL BE SIX(II)FEET, EXCEPT WHERE,THE RESIDENTIAL PROPERTY LINE IS ADJACENT TO NONRESIDENTAL PROPERTY,OR AN ADJACENT STREET RIGHT.OF-WAY.THE MN(MUM HEIGHT OF ANY FENCE.WALL OR HEDGE LOCATED OUTSIDE OF A REQUITED FRONT YARD MAY BE BOHT(S)FEET0 I. When it is necessary to contain a public use or a public facility for safety or security purposes (i.e., high voltage substations, pumping stations, public wastewater treatment facilities, public airports and aircraft operations), the fence may be erected to a maximum height provided in national, state or otherwise recognized industry codes and regulations. J. When it is necessary to use a fence to contain athletic activity, a fence may be erected to a maximum of twelve (12)feet in height, if constructed of chain-link or another material that does not impair visibility. (Ord. No. 2023-7, § 2, 5-16-2023; Ord. No. 2025-3, § 2, 1-7-2025) 8.00.05. Swimming Pools. A. Fencing Required. In addition to the current standards of F.S. § 515.27, the following is required: All swimming pools in the unincorporated areas of the County, unless entirely screened in,shall be completely enclosed with a permanent fence or wall at least four(4)feet high and so constructed as to be not readily climbable by small children. All gates or doors providing access to the pool area shall be securely locked when the pool area is not in actual use or shall be equipped with a self-closing and self-latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so St. Lucie County Land Development Code Supp. No. 31 8:8 Adopted May 19,2009 ACCESSORY, TEMPORARY STRUCTURES AND USES 8.01.02 locked or equipped. During construction of a swimming pool, the swimming pool contractor shall be required to take reasonable steps to secure the construction site so that the swimming pool under construction is not readily accessible to small children. B. Procedures for Waiver from Fencing Requirement. The owner of an existing or proposed swimming pool may apply for a waiver of the requirement of Section 8.00.05.A for fencing. The Planning and Development Services Director shall have the authority to grant waivers of Section 8.00.05.A. The owner must demonstrate that the proposed, built, or natural conditions provide equal or greater protection than the required four(4)foot high permanent fence. The waiver may be administratively approved, subject to any necessary conditions, including but not limited to the owner providing a notarized statement recorded in the public record to the effect that the proposed,built,or natural conditions must remain in perpetuity to ensure adequate protection is provided. If the Planning and Development Services Director does not find that conditions provide equal or greater protection than the required four(4)foot high permanent fence,the owner may appeal the decision to the Board of County Commissioners within thirty (30) days after rendition of such decision. If the Board of County Commissioners determines that such a swimming pool is not or would not be a hazard to small children by reason of its location, construction, surrounding vegetation or other natural or man-made barriers, the Board may, after a public hearing of which all property owners within five hundred (500) feet are given at least ten (10) days notice by certified mail,waive the requirement that such pool be fenced. In lieu of a total waiver of the fence requirement,the Board may attach reasonable conditions including a partial reduction in the height requirement. (Ord. No. 2025-3, § 2, 1-7-2025) 8.01.00. HOME OCCUPATIONS 8.01.01. Purpose. The purpose of this section is to protect and maintain the character of residential neighborhoods while recognizing that particular professional and limited business activities are traditionally and inoffensively carried on in the home. 8.01.02. Authorization. The following home occupations shall be permitted in any residential dwelling unit, including mobile homes, provided that the home occupation complies with the lot size,bulk, and parking requirements of the zoning district in which the home occupation is located: A. Homebound employment of a physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of his/her disability; B. Office facilities provided that no retail or wholesale sales are made or transacted on the premises; and, C. Studios or laboratories. St. Lucie County Land Development Code Supp. No. 31 8:8.1 Adopted May 19,2009 8.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 8.01.03. Use Limitations for Home Occupations. In addition to meeting the requirements of the zoning district in which it is located, every home occupation shall comply with the following restrictions: A. No person other than members of the family residing on the premises shall be engaged in the conduct or support of such occupation. B. No stock in trade shall be displayed or sold on the premises. C. Only sales incidental to the home occupation shall be permitted. D. The home occupation shall be conducted entirely within the principal dwelling unit, and in no event shall such use be visible from any other residential structure or a public way. E. The use of the dwelling unit for the home occupation shall be incidental and subordinate to its use for residential purposes, and no more than twenty-five percent (25%) of the building floor area shall be used in the conduct of the home occupation. F. There shall be no outdoor storage of equipment or materials used in the home occupation. G. No more than one (1) vehicle shall be used in the conduct of the home occupation. JO H. No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference,vibration,heat,glare,or other nuisance outside the residential structure shall be used. I. No home occupation shall be permitted that is noxious, offensive or hazardous by reason of vehicular traffic generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation, or other objectionable emissions. J. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard. 8.02.00. TEMPORARY USES AND STRUCTURES 8.02.01. Authorization. Temporary uses are permitted in any zoning district subject to the standards hereinafter established, provided that all temporary uses shall meet the dimensional and parking requirements for the zoning district in which the use is located. St. Lucie County Land Development Code Supp. No. 31 8:8.2 Adopted May 19, 2009 ACCESSORY, TEMPORARY STRUCTURES AND USES 8.02.02 8.02.02. Particular Temporary Uses Permitted. Permitted temporary uses include: A. Garage sales, provided that no more than two (2) sales of three (3) days each are conducted at any site during any one (1) calendar year. B. Indoor and outdoor art and craft shows, bazaars, carnivals, revivals, circuses, sports events, and exhibits in the Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-5(RM-5);Residential,Multiple-Family-7(RM-7);Residential,Multiple- Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); Residential, Multiple- Family-15 (RM-15); Commercial, Neighborhood (CN); Commercial, General (CG); Industrial Light(IL);Agricultural-1(AG-1);Agricultural-2.5(AG-2.5);Agricultural-5 (AG-5); Institutional (I); Planned Town or Village (PTV), Planned Retail/Workplace (PRW), and Recreational Vehicle Park (RVP) Districts, provided that no more than two(2)events of seven(7)days each are conducted on the same property during any calendar year. C. Tents for temporary uses and functions that are accessory to the principal use and are used as temporary cover during special events or sales for uses directly related to those events or sales provided that: 1. No more than two (2) events of seven (7) days each are conducted on the same property during any calendar year; and St. Lucie County Land Development Code Supp. No. 31 8:8.3 Adopted May 19, 2009 ADMINISTRATION AND ENFORCEMENT 11.05.09 F. Nonconforming Uses Abandoned or Destroyed. Whenever the Growth Management Director determines that a nonconforming tree or structure has been abandoned or more than eighty percent(80%)torn down,physically deteriorated,or decayed,no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. G. Conditions on Permit Approval.Any permit granted will be so conditioned as to require the owner of the structure or tree in question to install,operate,and maintain,at the owner's expense,such markings and lights as required by F.S. §333.07(3),Revised Through 2/16/93, and consistent with the standards published in Chapter 14-60, Rules of the Department of Transportation. If deemed proper by the Growth Management Director, this condition may be modified to require the owner to allow the St. Lucie County Port and Airport Authority at its own expense, to install, operate, and maintain the necessary markings and lights. H. Appeals from Permit Denial. Any final action by the Growth Management Director may be appealed to the Board of Adjustment in accordance with the provisions of Section 11.11.00. 11.05.09. Wastewater and Sewage Disposal Compliance Permits. A. Application for Permit. Any person required to obtain a Wastewater and Sewage Disposal Compliance Permit pursuant to Section 7.08.04 shall submit an application to the Growth Management Director accompanied by a non-refundable fee as established in Section 11.12.00. B. Application Contents. Such application shall be in such form as is required by the Growth Management Director, which form shall include, at a minimum, the name of the business, the name of the owner of the business, the location at which the business is operated,and a specific identification of each activity,use,operation,service,and manufactured or processed product involved in the conduct of such business. Volatile organic testing for on-site well(s), in the form required by the Director, shall also be submitted with each application. The application must be signed and sworn to by an owner of the business. C. Procedure for Review of Wastewater and Sewage Disposal Compliance. The Growth Management Director shall forward every such application to the County Public Health Unit for review and certification. Upon receipt from the Health Department of a certification that the business has been inspected and that the use of the on-site septic system by the business for wastewater and sewage disposal is in compliance with all regulations of the State Department of Health and Rehabilitative Services, the Director shall issue the Wastewater and Sewage Disposal Compliance Permit. D. Appeal from Permit Denial. Any final decision of the Planning and Development Services Director denying a Wastewater Sewage Disposal Compliance Permit may be appealed according to the procedures set forth in Section 11.11.00. (Ord. No. 21-030, § 4, 9-7-2021) St. Lucie County Land Development Code Supp. No. 31 11:79 Adopted May 19,2009 11.05.10 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 11.05.10. Wellfield Protection Operating and Closure Permits. Reserved. 11.05.11. Mining Permits. A. Requirement for Permit;Exemptions. 1. Except as provided in this section, no mining or excavation operation shall be conducted in the unincorporated areas of St. Lucie County without a mining permit or mining permit exemption from the Board of County Commissioners or an administratively approved mining permit exemption. As used in this section, the terms "mining" and "excavation operation" include any operation that entails the excavation or removal of earth off-site in excess of one hundred (100) cubic yards. 2. The following activities shall be exempt from the mining permit requirement provided that all applicable federal, state and local permits and/or authorizations have been obtained and the removal of the material remains on-site and is required to support development on-site: a. Removal of material for installing utilities; b. Removal of material from a site for the construction or removal of any foundations for any building or other structure; c. Removal of material for digging drainage or mosquito control ditches and canals by authorized units and agencies of government; d. Removal of material for digging drainage or mosquito control ditches and canals by private persons when construction is permitted by all authorizing agencies, if any, and when the excavated material is not removed from the involved tract of land; e. Removal of material for existing agricultural operations; f. Removal of material for accessory uses of land,such as septic tanks,graves,etc., that are designed to be filled and graded upon completion of excavation; and g. Removal of material for a swimming pool when construction is permitted by all authorizing agencies. 3. The removal of material less than thirty thousand(30,000)cubic yards shall require administrative approval of a mining permit exemption. This is limited to the removal of material less than thirty thousand(30,000)cubic yards for approved development in which the material is being excavated to provide on-site stormwater management and/or on-site fill for elevating roads, houses, buildings, sidewalks, driveways, parking areas, or other features customarily associated with on-site development. The property owner or authorized agent shall submit the following for the County Engineer's approval: a. A sketch plan indicating the size,shape and location of the proposed excavation amount and disposition of excavated material. St. Lucie County Land Development Code Supp. No. 31 11:80 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 11.05.11 b. Setback of twenty-five (25) feet from any adjacent property line. c. A sketch of the haul route with the proposed dates and times for the hauling operations. d. Copies of all applicable federal, state and local permits and/or authorizations. e. Sufficient evidence to demonstrate the removal meets the standards in Section 11.07.03(B). The application may be determined to comply with the provisions of this Code and the St. Lucie County Comprehensive Plan by the County Engineer, under certain conditions or exceptions, in consideration of existing site conditions, location, and potential for impact on public facilities, natural resources, and health and public safety. In such case, the County Engineer or designee shall provide a written statement to the applicant setting forth any applicable conditions or exceptions. Action. Within twenty (20) working days of receiving the complete mining permit exemption application, the County Engineer shall request additional clarifying information, approve, approve with conditions, or deny the applica- tion for removal of material. The conditions may include certain restrictions to the proposed operation, a maintenance agreement bond or line of credit and specific provisions for revocation of the approval. Notice of Action. Notification of the decision of the County Engineer shall be provided to the Board of County Commissioners at a regularly scheduled Board of County Commissioners meeting, and the decision shall be filed with the Office of the Planning and Development Services Director in accordance with Subsection 11.00.04(F), notification and recorded in the Public Records of St. Lucie County. 4. All off-site removal of material in excess of thirty-thousand(30,000)cubic yards shall require a public hearing and action before the Board of County Commissioners in accordance with the provisions of Section 11.00.03, notice of public hearing. The public hearing held on the application for removal of materials in excess of thirty-thousand (30,000) cubic yards shall be in accordance with Section 11.00.04, hearing procedure. In reviewing the request for the removal of material in excess of thirty-thousand (30,000) cubic yards, the Board of County Commissioners shall consider the report of the County Engineer to determine whether the removal meets the standards in Subsection 11.07.03(B). The property owner or authorized agent shall submit the following for the County Engineer's approval: a. A sketch plan indicating the size,shape and location of the proposed excavation amount and disposition of excavated material. b. Setback of twenty-five (25) feet from any adjacent property line. c. A sketch of the haul route with the proposed dates and times for the hauling operations. d. Copies of all applicable federal, state and local permits and/or authorizations. St. Lucie County Land Development Code Supp. No. 31 11:80.1 Adopted May 19,2009 11.05.11 ST. LUCIE COUNTY LAND DEVELOPMENT CODE e. Sufficient evidence to demonstrate the removal meets the standards in Section 11.07.03(B). The application may be determined to comply with the provisions of this Code and the St. Lucie County Comprehensive Plan by the County Engineer, under certain conditions or exceptions, in consideration of existing site conditions, location, and potential for impact on public facilities, natural resources, and health and public safety. In such case, the County Engineer or designee shall provide a written statement to the applicant setting forth any applicable conditions or exceptions. Action. Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall approve,approve with conditions,or deny the application for removal of material in accordance with Subsection 11.00.04(E). The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision Notice of Action. Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Office of the Planning and Development Services Director in accordance with Subsection 11.00.04(F), notification. Revocation of Permission to Removal Material. In addition to any other penalty and remedy for violation of this Code,it shall be a condition of every removal of material approval that such approval may be revoked for: (1) Violation of any condition imposed upon such approval; and (2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commis- sioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation to the County Engineer,the County Engineer shall revoke the permit and notify the Board of County Commissioners of the revocation. B. Classes of Permit;Time Limits. There are hereby established two(2)classes of mining permit, as follows: 1. Class I permit: a. A Class I permit shall apply to all mining operations that do not qualify for a Class II permit. b. A Class I permit shall be valid for a period of not more than six (6) years. c. During the term of a Class I permit the permittee shall update the mining plan at least once every forty-eight (48) months, or more frequently if needed to reflect any significant change in the plan. Failure to timely file an updated mining plan shall render the permit expired. The updated mining plan shall be filed in St. Lucie County Land Development Code Supp. No. 31 11:80.2 Adopted May 19,2009 ADMINISTRATION AND ENFORCEMENT 2. Effect on adjacent properties: a. The proposed mining operation will not have an undue adverse effect upon adjacent property, the character of the neighborhood, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. b. All reasonable steps have been taken to minimize noise,dust,air contaminants, and vibration. c. The proposed mining operation will not overburden the existing drainage system. d. All reasonable steps have been taken to prevent undue pollution of surface and underground water, and to prevent undue alteration of the water table. e. The proposed mining operation will be arranged and conducted so as not to interfere unreasonably with the development and use of neighboring property. 3. Effect on transportation system:The proposed mining operation will not cause undue damage to public streets and roads, and will not create a traffic hazard. 4. Adequacy of reclamation plan: The reclamation plan is adequate to ensure that the property will be properly reclaimed upon completion of mining operations. F. Modification or Extension of Mining Permit. Any significant change in mining operations,the mining plan,or the reclamation plan,and any extension in the mining permit approval period, shall be in accordance with a new mining permit application conforming with and approved under this Code. Any reduction in mining operations, including but not limited to a reduction in hours of operation, a reduction in mining plan area, or a reduction in the scope of operations shall be deemed to be not significant. G. Suspension of Mining Permit. 1. Grounds: The County Engineer shall suspend any mining permit issued under this Code upon determining that the permittee has failed to meet any requirement of this Code, or has deviated substantially from or disregarded the terms and conditions of the permit,in a manner that poses an immediate danger to the public health, safety, and welfare. 2. Effect: No mining operation shall be conducted following suspension of a mining permit until the County Engineer determines that the permittee is in full compliance with the requirements of this Code and the terms and conditions of the mining permit, and reinstates that permit. 3. Hearing notice: Unless the County Engineer has previously reinstated the permit, the permittee under any suspended mining permit shall be provided a hearing at a regularly scheduled meeting of the Board of County Commissioners. The County Engineer shall notify the permittee of the date, time, and location of such hearing when he imposes the suspension. St. Lucie County Land Development Code Supp. No. 31 11:85 Adopted May 19,2009 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 4. Confirmation or rescission:At the hearing,the Board of County Commissioners shall consider the evidence presented and shall: a. Confirm the suspension, in which event mining operations shall not be reactivated until the County Engineer determines that the permittee is in full compliance with the requirements of this Code and the terms and conditions of the permit, and reinstates the permit; b. Confirm the suspension and initiate proceedings to revoke the permit; or c. Rescind the suspension and direct the County Engineer to reinstate the permit. H. Revocation of Mining Permit. 1. Grounds: The Board of County Commissioners shall revoke any mining permit issued under this Code upon determining that the permittee has: a. Failed to meet any requirement of this Code or any other rule or regulation governing the permitted mining operations; b. Deviated substantially from or disregarded the terms and conditions of the mining permit; or c. Misstated, misrepresented, or withheld material facts in the permit applica- tion. 2. Initiation of procedure: Upon recommendation of the County Engineer or upon its own motion, the Board of County Commissioners shall initiate proceedings to revoke a mining permit by scheduling a public hearing on the matter and directing the County Engineer to make a report. 3. Notice: The permittee shall be provided, by certified mail, notice indicating the date, time, and location of a hearing on the proposed revocation. 4. Hearing: At the hearing on the proposed revocation, the Board of County Commis- sioners shall consider the testimony, submittals, and information presented, and the report of the County Engineer, and shall determine whether there exists any ground for revoking the mining permit. The Board shall require such additional reports as it deems necessary to make its determination. 5. Decision: Within a reasonable time, the Board of County Commissioners shall determine whether to revoke the mining permit. Notification of the decision of the Board shall be mailed to the permittee and filed with the County Engineer. (Ord. No. 09-025, Pt. A, 10-6-09; Ord. No. 2025-1, § Pt. A, 1-7-2025) 11.05.12. Wetlands Permits. A. Application for Permit. 1. Any construction, dredging, filling, or alteration in, on or over a jurisdictional wetland shall require a permit by the Growth Management Director, unless specifically exempted by Section 6.02.03 of this Code. St. Lucie County Land Development Code Supp. No. 31 11:86 Adopted May 19, 2009 CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code 2024-014 4- 2-2024 2 3.01.03, 4.04.04 2024-10 2-20-2024 Pt. A 3.01.03 Pt. B 7.10.36 2024-3 1-23-2024 2 2.00.00, 8.00.02 2024-012 4- 2-2024 Pt. A 7.05.03, 7.05.10, 7.06.02, 11.02.09 2024-19 6- 4-2024 Pt. A Added 3.01.03 Q.7.d.(6) 2024-26 7- 2-2024 1 2.00.00 3.01.03 Added 7.10.37 2024-28 8- 6-2024 Pt. B(Exh. A) 4.04.00, 4.04.01, 4.04.03, 4.04.04, 4.04.05 Pt. B(Exh. B) Added 7.01.04 2024-29 10- 1-2024 2 2.00.00 3.01.01 D. 7.10.28 A. 2024-31 9-17-2024 2 3.01.03 GG.2.n. 2025-05 2-18-2025 2 4.03.02 2025-1 1- 7-2025 Pt. A 11.05.11 A. 2025-3 1- 7-2025 2 8.00.04, 8.00.05 St. Lucie County Land Development Code Supp. No. 31 CCT:7 Adopted May 19, 2009