An eminent domain waiver is intended to provide property owners a viable and fair alternative to the adverse impact on their property, as a result of an eminent domain action. It allows the continued use of the remainder parcel in a manner similar to its pre-acquisition condition. Waivers provided herein can be obtained for nonconforming lots and structures. Waivers cannot be granted for nonconforming uses.

Sections 10.03.00 and 10.03.01 shall be applicable only after the Board of County Commissioners adopts a resolution approving the use of eminent domain waiver for specific public projects. The County will mail notification to the owners of property located in unincorporated St. Lucie County and the acquiring authority (if the County is not the acquiring authority) at least ten (10) days prior to the meeting date for the resolution to be considered by the Board of County Commissioners.

A.

Applicability.

1.

Vacant parcels, whether conforming or non-conforming lots, shall be eligible for an eminent domain waiver from, including, but not limited to, minimum lot size requirements, pursuant to Section 10.03.00, Land Development Code.

2.

Developed parcels. Where an eminent domain action reduces the lot size and creates a nonconforming remainder parcel but does not require the relocation of site features, said parcel shall be eligible for an eminent domain waiver from the Land Development Code such as but not limited to, minimum lot size, and building coverage requirements, pursuant to Section 10.03.00, Land Development Code.

3.

Developed parcels. Where an eminent domain action requires the relocation of site features such as but not limited to, buildings, parking spaces, landscaping, storm water facilities, dumpsters, light poles and signs such a parcel shall be eligible for an eminent domain waiver, pursuant to Section 10.03.00, St. Lucie County Land Development Code.

B.

The acquiring authority and/or the property owner are each hereby granted the authority to apply for a waiver from the Land Development Code on a remainder parcel that has resulted or will result from an eminent domain action. The application may be made prior to or after the acquiring authority obtaining title to some part of the parent tract.

C.

Procedure to apply for an eminent domain waiver.

1.

Either the acquiring authority or the property owner shall file for an eminent domain waiver application within six (6) months from the entry of an Order of Taking with the County Administrator or designee. The applicable fee, established by resolution, shall be submitted with the application in addition to the following documents:

a.

A boundary survey prepared according to the current standards of Chapter 5J-17, Florida Administrative Code, as may be amended, of the parent tract and a legal description of the portion to be acquired and the remainder parcel shall be submitted for those circumstances described in Section 10.03.00(A) above. The boundary survey shall show the parent tract and the remainder parcel including, but not limited to, buildings, parking, landscaping, sprinkler systems, storm water facilities, wells and septic systems, lighting features, fences, signage, easements of record, adjacent rights of ways and topographic data.

b.

A site plan (a cure plan as defined herein) showing the parent tract and the remainder parcel with the proposed changes to the site including, but not limited to, buildings, parking, landscaping, storm water facilities, topographic data and adjacent right-of-way. A cure plan shall be required only for those parcels described in Section 10.03.00A3 above.

2.

If an application for a waiver is submitted by an acquiring authority, the property owner shall be mailed notification via certified mail (return receipt requested) by the County Administrator or designee within ten (10) days of the application submittal date. Likewise, if the property owner applies for a waiver, the acquiring authority shall be mailed notification via certified mail (return receipt requested) by the County Administrator or designee within ten (10) days of the application submittal date.

3.

After the Board of County Commissioners adopts a resolution approving the use of eminent domain waiver for a specific project, the Board of Adjustment (BOA) shall consider the request for an eminent domain waiver at a public hearing. The public hearing may be continued by the BOA to a fixed date, time and place. After the conclusion of the public hearing, the BOA shall approve, approve with modifications or deny the request for an eminent domain waiver by resolution which shall constitute the final action of the BOA. The property owner shall not be required to implement the waiver or cure plan approved by the BOA.

D.

Standards of issuance of eminent domain waivers.

1.

If an existing lot, parcel or structure becomes nonconforming (or an existing nonconformity becomes less conforming) as a result of a governmental acquisition, a waiver may be granted provided a determination is made that:

a.

The requested waiver shall not adversely affect safety, aesthetic or environmental conditions of neighboring properties; and

b.

The requested waiver shall not adversely affect the safety of pedestrians or operations of motor vehicles; and

c.

The requested waiver will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the taking and/or construction of the roadway or other facility including, but not limited to, aesthetic, noise, dust, vibration, safety, land use compatibility, environmental or other impacts.

d.

The remainder parcel shown on the As-built drawing and the cure plan shall be the site on which compliance with the Land Development Code must be shown. All calculations shall be based upon the acreage of the remainder parcel.

2.

Eminent domain waivers are not restricted by the variance limitations in Section 10.01.03 of the St. Lucie County Land Development Code.

(Ord. No. 11-005, Pt. C, 2-1-2011; Ord. No. 15-010, Pt. A, 9-1-2015)

The purpose of this Section is to regulate and limit the continued existence of uses, lots, signs, and structures established prior to the effective date of this Code that do not conform to the provisions of this Code. Nonconformities may continue, but the provisions of this Section are intended to curtail substantial investment in nonconformities and to bring about their eventual elimination, when appropriate, in order to preserve the integrity of the zoning district.

A.

Authority to Continue. Nonconforming uses of land and nonconforming uses of structures may continue in accordance with the provisions of this Section.

B.

Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming uses may be performed.

C.

Expansions. Nonconforming uses shall not be expanded. This prohibition shall be construed so as to prevent the:

1.

Enlargement of nonconforming uses by additions to the structure in which such nonconforming uses are located, including enlargement of a conforming structure in which a nonconforming use is located, or

2.

Occupancy of additional land, unless the provisions of this Code are met.

D.

Relocation. The structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitations of the zoning district into which it is moved.

E.

Change in Use. A nonconforming use shall not be changed to any other use unless such use conforms to the provisions of this Code, except in accordance with the procedure set forth in this paragraph. A change to another nonconforming use shall be permitted if and only if the proposed nonconforming use would not result in a requirement for additional parking over that required for existing nonconforming use, and in addition, the Board of County Commissioners:

1.

Determines that the proposed nonconforming use is equally or more appropriate to the district and the specific property involved than the existing nonconforming use;

2.

Determines that any adverse effect of the proposed nonconforming use upon neighboring properties and residents will not be greater than that created by the existing nonconforming use; and

3.

Requires that the applicant meet appropriate conditions, limitations, and requirements as are necessary to prevent or minimize adverse effects on neighboring properties and residents.

F.

Termination.

1.

Abandonment or Discontinuance. When a nonconforming use is discontinued or abandoned for twelve (12) months, then the nonconforming use may not be restored, unless the nonuse is due to circumstances beyond the property owners' s control.

2.

Damage or Destruction. If a structure housing a nonconforming use is damaged or destroyed by fifty percent (50%) or more of the assessed value of the structure, then the nonconforming use of the structure may not be restored.

A.

Authority to Continue. A nonconforming structure devoted to a use permitted in the zoning district in which it is located may be continued in accordance with the provisions of this Code.

B.

Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming structures may be performed.

C.

Expansions. Any expansion of a nonconforming structure shall be in conformance with the provisions of this Code. This shall not prevent expansion as long as the nonconformity is not increased. In the event that a structure is nonconforming due to the fact that there is encroachment into a required minimum yard, as defined in Section 7.04.00, expansion of the structure shall be allowed into that minimum yard. However, no such expansion shall be allowed if it results in a greater dimensional nonconformity than that which previously existed.

D.

Relocation. A nonconforming structure that is moved shall thereafter conform to the regulations of the zoning district in which it is located after such move.

E.

Termination Upon Damage or Destruction.

1.

Any part of a nonconforming structure that is damaged or destroyed to the extent of fifty percent (50%) or more of the assessed value of said structure shall not be restored unless that part conforms to the provisions of this Code.

2.

If St. Lucie County or a portion thereof is declared a disaster area by the Governor of the State of Florida or the President of the United States, as a result of a hurricane, tornado, flood, or other similar act of God, then the provisions of Section 10.00.03 shall be hereby modified to allow within the declared disaster area the replacement or reconstruction of structures on or in the location of the original foundation, except that the any replacement construction must comply with the applicable provisions of Section 6.05.00 and Section 13.00.00 of this Code, provided, this modification to county regulations to allow the replacement or reconstruction of nonconforming structures shall not effect the application and enforcement of state or federal laws and agency regulations regarding replacement or reconstruction of nonconforming structures.

A.

Lots of Record Created Prior to July 1, 1984.

1.

In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record existing before July 1, 1984, notwithstanding limitations imposed by other provisions of this Code. Such lot must be in separate ownership and not contiguous to other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, or width, or frontage or any combination of the three (3) that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area, or width, or frontage of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and requirements other than those applying to area, width, and frontage shall be obtained only through action of the Board of Adjustment. If however, the lot has no frontage as defined in Chapter II, then proof of recorded legal ingress and egress acceptable to the County Attorney must be furnished before a building permit will be issued except for nonresidential accessory structures in AR-1, AG-1, AG-2.5 and AG-5 zoning districts.

2.

If two (2) or more lots or combinations of lots and portions of lots which are contiguous to other lots were of single ownership and were of record on July 1, 1984, and if all or part of the lots do not meet the requirements established for lot width and area or frontage, the lands involved shall be considered to be an undivided parcel for the purposes of this Code provided however, that lots separated by an ingress/egress, access or roadway easement that was of record on July 1, 1984, but specifically excluding any easement limited to utilities, drainage or other non-access purpose, shall not be considered an undivided parcel for the purpose of this section.

B.

Lots of Record Created Between July 1, 1984 and January 9, 1990.

1.

In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record created in accordance with the requirements of the St. Lucie County Zoning Ordinance between July 1, 1984, and January 9, 1990, notwithstanding limitations imposed by other provisions of this Code.

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.

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.

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.

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).

(Ord. No. 2022-29, § 2, 10-18-2022)

A.

Application. An application for a variance shall be filed with the Planning and Development Services 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 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 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 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.

(Ord. No. 2022-29, § 2, 10-18-2022)

A.

Upon determination 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 [Director] in accordance with Section 11.00.04(F).

(Ord. No. 2022-29, § 2, 10-18-2022)

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.

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.

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 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 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 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 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 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 11.11.00 of this Code.

B.

General Standards for Issuance. The Planning and Development Services 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.

(Ord. No. 2022-29, § 2, 10-18-2022)

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 Director 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 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 7.10.16(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 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 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 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.

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 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 (⅔) 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.

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 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 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 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 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) feet (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 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.

1.

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.

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 five hundred (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.

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.

(Ord. No. 2022-29, § 2, 10-18-2022)

A.

Application Procedures. Upon showing that an increase or decrease in the rate, volume and quality of surface runoff shall not impact adversely the water resources of the County, any person required to obtain a stormwater permit pursuant to Section 7.07.00 may apply for an administrative variance on a form provided by the County Engineer.

1.

An application fee as established by resolution of the Board of County Commissioners shall accompany the application for administrative variance.

2.

The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the County Engineer 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.

All information and documentation that is required for permit application.

d.

All information and documentation that will justify the variance.

3.

Within a reasonable period of time not to exceed thirty (30) calendar days after receipt of an application or receipt of additional information pursuant to this section, the County Engineer shall examine the application or information and notify the applicant of any apparent error or omission, and request such additional information as may be necessary for the processing of the application.

4.

Within thirty (30) working days after an application has been determined to be complete, the County Engineer shall either grant the variance or deny the variance, with reasons clearly stated.

5.

Any person aggrieved by a decision of the County Engineer may, within thirty (30) calendar days after the rendition of such decision, appeal to the Board of Adjustment pursuant to Section 11.11.00.

B.

General Standards for Issuance.

1.

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; 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.

2.

The granting of the variance will not impair or injure other property or improvement in the neighborhood in which the subject property is located or endangered the public safety.

3.

The variance granted is the minimum variance that will make possible the reasonable use of the land, buildings, or structures.

4.

The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan.

A.

The County Engineer may approve variances from any dimensional requirement pursuant to Section 7.05.06, Driveways, provided that no variance shall permit a dimension less than eighty percent (80%) of that required by Section 7.05.06, except that in the case of a lot of record and upon demonstration that no other road frontage or road access exists, a variance permitting one (1) driveway for such lot may be granted.

B.

The County Engineer shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to him showing that:

1.

A literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by similar properties;

2.

The granting of the variance will not be detrimental or injurious to surrounding properties, will not substantially increase traffic congestion and will not endanger the public safety;

3.

The variance is the minimum variance that will make possible the reasonable use of the land, building, and structures; and

4.

The variance requested arises from a condition that is unique and peculiar to the land involved and that is created by this Code and not by the actions of the property owner.

C.

An appeal may be initiated by any person aggrieved by a decision of the County Engineer.

1.

A Notice of Appeal must be filed with the Board of County Commissioners and the County Engineer within ten (10) days after rendition of such decision.

2.

The filing of such notice will require the County Engineer to forward to the Board of County Commissioners any and all records concerning the appeal.

3.

The Board of County Commissioners shall consider the appeal at a regularly scheduled meeting within a reasonable time after a notice of appeal is filed. The Board may reverse, affirm or modify the decision subject to the requirements of subsection 2.

A.

Generally.

1.

The Board of Adjustment as established by St. Lucie County shall hear and decide appeals and requests for variances from the requirements of Section 6.05.00, Flood Damage Prevention.

2.

The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of Section 6.05.00.

3.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

B.

Application Procedures.

1.

A person desiring a variance from the requirements of Section 6.05.00, Flood Damage Prevention shall apply for a variance on a form provided by the Floodplain Administrator.

2.

An application fee as established by resolution of the Board of County Commissioners shall accompany the application.

3.

The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Floodplain Administrator, 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.

The purpose for the requested variance and a statement of the intended development of property if the variance is granted.

e.

A statement of the hardship imposed on the applicant by this Code and 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.

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 Floodplain Administrator 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 by the Floodplain Administrator, he or she shall review the application, make a recommendation, and submit it to the Board of Adjustment.

6.

Upon notification that an application for a variance is complete, the Board of Adjustment 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 10.01.25(C) below. The Board may require the applicant to meet certain conditions before approval of the variance.

7.

Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision approving, approving with conditions, or denying the variance.

8.

The decision of the Board of Adjustment shall be mailed to the petitioner and filed with the Office of the Floodplain Administrator in accordance with Section 11.00.04(F).

9.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the lowest floor being located below the base flood elevation (as high as $25.00 per $100.00 of coverage).

10.

Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer may appeal such decision to a court of competent jurisdiction as provided by the Florida Statutes.

11.

The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

C.

General Standards for Issuance. In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in Section 6.05.00, and:

1.

The danger that materials may be swept onto other lands to the injury of others;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4.

The importance of the services provided by the proposed facility to the community;

5.

The necessity to the facility of a waterfront location, in the case of a functionally dependent facility;

6.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

7.

The compatibility of the proposed use with existing and anticipated development;

8.

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

9.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and,

11.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

D.

Ability to Impose Special Conditions. Upon consideration of the factors listed above and the purposes of Section 6.05.00, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of Section 6.05.00.

E.

Variances Within Designated Floodways. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

F.

Conditions for Variances.

1.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

2.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship; and,

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(Ord. No. 11-031, Pt. B, 12-20-2011; Ord. No. 12-010, Pt. B, 2-14-2012)

A.

Request for Variance.

1.

Purpose and Intent. The purpose and intent of this section is to define the procedures and standards for granting a variance from Riverine Shoreline Protection Regulations in Section 6.02.02.

2.

Procedures.

a.

A request for variance shall be submitted by the applicant in writing to the Environmental Resources Director, or designee, in a form approved by the Environmental Resources Director and accompanied by a non-refundable fee, as established by the Board of County Commissioners. The request for variance shall include documentation of how the project qualifies for a variance.

b.

Within twenty (20) business days after an application has been submitted, the Environmental Resources Director shall determine whether the application is complete. If the Director determines that the application is not complete, the applicant will be notified in writing via certified mail of the application's deficiencies. The Director shall take no further action on the application unless the deficiencies are remedied.

c.

Within twenty (20) business days of the date the application the Environmental Resources Department shall provide notification by mail to all property owners who own real property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll, and to all property owners who own real property within five hundred (500) feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls. Notices shall be assigned a specific return date, not less than ten (10) calendar days from the date the notice was mailed, in order to be entered into the record for consideration in the variance decision.

d.

Within forty (40) business days of the date the application is determined complete, Environmental Resources Department staff and Public Works Department staff shall review and provide findings and a recommendation of approval, approval with conditions, or denial of the application to the Environmental Resources Director and the Public Works Director. The recommendation will be based on whether the project meets the Standards for Issuance of a variance from Riverine Protection Regulations (Section 10.01.30.B) and other applicable Land Development Code requirements or Comprehensive Plan policies.

e.

The Environmental Resources Director and the Public Works Director shall consider the application, findings, staff recommendation and any other information provided by the applicant, public and other interested parties. Within ten (10) working days after receipt of the recommendation from staff the Environmental Resources Director and the Public Works Director shall approve, approve with conditions, or deny the variance request.

B.

Criteria for Granting a Variance From Riverine Shoreline Protection Regulations.

1.

Standards of Review. A Variance from the Riverine Shoreline Protection Regulations in Section 6.02.02 may be granted if the applicant demonstrates to the satisfaction of the Environmental Resources Director that the project meets the following criteria:

a.

Unnecessary Hardship. Denial of the variance request would result in a hardship for the applicant (versus a mere inconvenience) such as, but not limited to, severe property loss or damage and unsafe conditions.

b.

Circumstances Beyond Control of Applicant. The conditions warranting a variance were created by circumstances, and/or actions beyond the applicant's control.

c.

No Adverse Impact to Adjacent Shorelines. Granting the variance will not adversely affect adjacent shorelines or injure other property or improvements in the immediate vicinity. This standard of review is based on physical findings and fact. Facts provided by other interested parties and the public will be given equal consideration.

d.

No Water Quality Impacts. Granting the variance will not adversely affect water quality or contribute to erosion or siltation of the adjacent waterbody and shorelines.

e.

Minimum Necessary. The project is the minimum necessary for reasonable protection and/or use of the land, building or structures.

f.

Achieves the General Intent and Purpose of the Land Development Code and Goals, Objectives and Policies in the Comprehensive Plan.

2.

Conditions of Approval for Granting a Variance. When granting a variance request, the Environmental Resources Director, and the Public Works Director or designees, may impose conditions, including, but not limited to, limitations on areal extent and scope of the project, restricted use, planting requirements, conservation of additional shoreline buffer and erosion control, etc. which meet the intent and purposes of the Land Development Code and the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan.

C.

Expiration and Extension.

1.

Expiration. Variances shall be valid for one (1) year from date of issuance, unless a Building Permit is issued.

2.

Extension. Applications for a time extension must be made in writing to the Environmental Resources Director a minimum of thirty (30) calendar days prior to expiration of the variance. Variances may only be extended one (1) time for a maximum of twelve (12) months.

D.

Amendment. A variance from Riverine Shoreline Protection Regulations may be amended, extended, or modified only in accordance with the procedures established for its original approval.

E.

Appeal. Any party aggrieved by a decision may appeal such decision to the Board of Adjustment pursuant to Section 11.11.01 of this Code.

(Ord. No. 13-038, Pt. A, 9-3-2013; Ord. No. 14-019, Pt. A, 9-16-2014)

A.

Where a waiver is issued pursuant to Section 10.03.00, Land Development Code, the waiver shall become effective and the remainder parcel shall be considered compliant to the degree feasible after an acquiring authority takes interest in or title to real property subject to an eminent domain action.

B.

Where a property owner accepts a waiver on a vacant parcel or where no cure plan was necessary, the waiver shall remain valid and applicable to the remainder parcel indefinitely. However, future site plan and building permit approvals shall comply with all provisions in the Land Development Code except those listed in the waiver. For developed parcels, the extent to which a remainder parcel has received specific exceptions listed in a waiver, those exceptions may not be increased or expanded by future development plans, site plans or building permits.

C.

Where a private property owner accepts a waiver based upon a cure plan, the physical changes to the remainder parcel, specified in the cure plan, shall occur within 365 days from the later of (1) the date the acquiring authority takes an interest in or title to some part of the parent tract, or (2) the date project construction is completed by the condemning authority, or (3) the date that all license or temporary easement interests of the condemning authority affecting the area(s) to be cured have terminated or expired. Future site plan and building permit approvals shall comply with all provisions in the Land Development Code except those listed in the waiver. Within the 365 day time period described above, the property owner may apply to the County Administrator for a one (1) time extension of up to 365 additional days. Further extensions may be granted by the County Administrator only in the event that compensation from the condemning authority has not been resolved within the first two (2) three hundred sixty-five (365)-day periods.

D.

The provisions of Section 10.03.00, Land Development Code shall not be interpreted to allow for the continued existence of building or safety code violations that are determined to be a threat to the public health, safety or welfare.

E.

The County shall continue to enforce all applicable building and safety codes even through the subject property is part of a pending governmental acquisition.

(Ord. No. 11-005, Pt. C, 2-1-2011; Ord. No. 15-010, Pt. A, 9-1-2015)