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Published in 2009 by Order of the County Commissioners

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Adopted: May 19, 2009
Effective: May 19, 2009

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CURRENT OFFICIALS

of

ST. LUCIE COUNTY, FLORIDA

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Jamie Fowler, Chair

Larry Leet, Vice Chair

James Clasby

Erin Lowry

Cathy Townsend

County Commissioners

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Daniel S. McIntyre
County Attorney

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Joseph E. Smith
Clerk Circuit Court

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George Landry
County Administrator

OFFICIALS

of

ST. LUCIE COUNTY, FLORIDA

AT THE TIME OF THIS REPUBLICATION

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Paula A. Lewis, Chair
Charles Grande, Vice Chair
Doug Coward
Chris Dzadovsky
Chris Craft
County Commissioners

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Daniel S. McIntyre
County Attorney

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Joseph E. Smith
Clerk Circuit Court

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Faye W. Outlaw, MPA
County Administrator

PREFACE

This volume constitutes the Land Development Code of St. Lucie County, Florida, adopted August 1, 1990 and revised through January 20, 2009.

Section Numbering System

The section numbering system used in this republication is the same as that originally adopted in the St. Lucie County Land Development Code.

Page Numbering System

The page numbering system used in this republication is a prefix system. The number to the left of the colon represents the chapters of the Land Development Code. The number to the right of the colon represents the sequence of the page within that chapter; thus, page 3 of chapter IV of the Land Development Code would appear as 4:3.

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this republication is the looseleaf system of binding and supplemental servicing of the republication. With this system, the republication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the republication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this republication up-to-date at all times will depend largely upon the holder of the republication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This republication was under the direct supervision of A. Lawton Langford, President, and Becky Moore, Supplement Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Beverlee Deans, Growth Management, Executive Assistant, for her cooperation and assistance during the progress of the work on this republication. It is hoped that her efforts and those of the publisher have resulted in a republication of the County's Land Development Code which will make the active law of the county readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the County's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and St. Lucie County, Florida. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and St. Lucie County, Florida.

Date of Publication: 2009

ORDINANCE NO. 09-012

AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY ACCEPTING THE REFORMATTED LAND DEVELOPMENT CODE AS PREPARED BY THE MUNICIPAL CODE CORPORATION; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPRATMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations:

1.

On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code.

2.

The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances:

91-03 March 14, 1991

91-09 May 14, 1991

91-21 November 7, 1991

92-17 June 2, 1992

93-01 February 16, 1993

93-03 February 16, 1993

93-05 May 25, 1993

93-06 May 25, 1993

93-07 May 25, 1993

94-07 June 22, 1994

94-18 August 16, 1994

94-21 August 16, 1994

95-01 January 10, 1995

96-10 August 6, 1996

97-01 March 4, 1997

97-09 October 7, 1997

97-03 September 2, 1997

99-01 February 2, 1999

99-02 April 6, 1999

99-03 August 17, 1999

99-04 August 17, 1999

99-05 July 20, 1999

99-05 July 20, 1999

99-015 July 02, 1999

99-16 September 7, 1999

99-018 November 2, 1999

00-10 June 13, 2000

00-011 June 13, 2000

00-12 June 13, 2000

00-013 June 13, 2000

01-03 December 18, 2001

02-05 June 24, 2002

02-09 March 5, 2002

02-20 October 15, 2002

02-29 October 15, 2002

03-05 October 7, 2003

04-02 January 20, 2004

04-07 April 20, 2004

05-07 January 18, 2005

05-013 November 8, 2005

05-16 August 16, 2006

05-023 September 20, 2005

06-005 April 18, 2006

06-013 June 6, 2006

06-17 May 30, 2006

06-018 May 30, 2006

06-022 July 18, 2006

06-030 September 12, 2006

06-047 December 5, 2006

07-011 February 6, 2007

07-015 May 1, 2007

07-017 June 5, 2007

07-032 November 6, 2007

07-054 December 11, 2007

07-055 November 20, 2007

08-012 September

9, 2008

08-025 September 16, 2009

09-003 January 20, 2009

4.

The Board has determined it is necessary to further amend the Land Development Code by adopting the reformatted Code prepared by the Municipal Code Corporation in order to provide greater accessibility and ease of use by members of the public.

3.

On April 16, 2009, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved.

4.

On May 5, 2009, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on April 24, 2009.

5.

On May 19, 2009, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on May 13, 2009.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida:

PART A. ADOPTION OF AMENDMENTS TO ST. LUCIE COUNTY LAND DEVELOPMENT CODE

The Board of County Commissioners hereby adopts the reformatted St. Lucie County Land Development Code prepared by the Municipal Code Corporation as attached hereto and incorporated herein as Exhibit "A" along with changes considered through Ordinance No. 09-013 attached hereto as Exhibit "B."

PART B. CONFLICTING PROVISIONS.

Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict.

PART C. APPLICABILITY OF ORDINANCE.

This ordinance shall be applicable in the unincorporated area of St. Lucie County.

PART D. SEVERABILITY.

If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance.

PART E. FILING WITH THE DEPARTMENT OF STATE.

The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.

PART F. EFFECTIVE DATE.

This ordinance shall take effect upon filing with the Department of State.

PART G. ADOPTION.

After motion and second, the vote on this ordinance was as follows:

PART H. CODIFICATION.

Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified.

PASSED AND DULY ADOPTED this 19 day of May, 2009.