The Board of County Commissioners shall have the following powers and duties under this Code:

A.

The powers to initiate, review, and adopt amendments to the Official Zoning Atlas as provided in Section 11.06.00;

B.

The powers to initiate, review, and adopt amendments to the text of this Code as provided in Section 11.06.00;

C.

The powers to review and grant, grant with conditions, or deny Preliminary Site Plans and Final Site Plans, as provided in Section 11.02.00;

D.

The power to review and grant or deny plat applications, as provided in Section 11.03.00;

E.

The powers to review and grant, grant with conditions, or deny conditional uses as provided in Section 11.07.00;

F.

The powers to review and grant or deny applications for development agreements, as provided in Section 11.08.00;

G.

The powers to interpret boundaries of the various zoning districts on the Official Zoning Atlas, as provided in Section 1.06.02.

H.

The power to establish a schedule of fees in order to cover the costs of technical and administrative activities required by this Code as provided in Section 11.12.00;

I.

The power to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by a decision by the County Administrator with respect to the Vested Rights and Adequate Public Facilities provisions of this Code as provided in Section 11.09.00 and Chapter V.

J.

When sitting as the Environmental Control Board, the power to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by any decision, order, determination or interpretation of any administrative official of the County as provided in Section 11.11.00.

(Ord. No. 21-030, § 7, 9-7-2021; Ord. No. 2022-027, § 2, 9-20-2022)

A.

The regulations and requirements governing the Environmental Control Board, Environmental Control Hearing Board, and Environmental Control Officer shall be in accordance with the St. Lucie County Code and Complied Laws.

(Ord. No. 21-030, § 8, 9-7-2021)

The Planning and Zoning Commission shall have the following powers and duties under this Code:

A.

The powers to initiate, review, and recommend for approval or disapproval to the Board of County Commissioners, applications for amendments to the Official Zoning Atlas as provided by Section 11.06.00.

B.

The powers to initiate, review, and recommend for approval or disapproval to the Board of County Commissioners, amendments to the text of this Code as provided in Section 11.06.00.

C.

The powers to review and recommend for approval, approval with conditions, or disapproval to the Board of County Commissioners applications and Preliminary Site Plans for Planned Developments as provided by Section 11.02.00.

D.

The powers to review and recommend for approval, approval with modifications, or disapproval to the Board of County Commissioners, applications for conditional use permits as provided in Section 11.07.00.

E.

The powers to serve in an advisory capacity to the Board of County Commissioners and review, report, and prepare studies and investigations as requested by that Board.

F.

The powers to make its special knowledge and expertise available upon reasonable written request and authorization by the Board of County Commissioners to any official, department, board, commission, or agency of a city, county, state, or the federal government.

G.

The powers to adopt rules of procedure that are not in conflict with the provisions of this Code.

H.

The Planning and Zoning Commission shall serve as the St. Lucie County Local Planning Agency more particularly described in Section 12.03.00 of the Code.

A.

The Planning and Zoning Commission shall be composed of not less than five (5) nor more than nine (9) members, who shall be appointed by the Board of County Commissioners.

B.

All members of the Planning and Zoning Commission shall be registered voters and residents of St. Lucie County for at least two (2) years preceding appointment.

C.

All members of the Planning and Zoning Commission shall be appointed for a term of four (4) years without compensation, but may receive travel and other necessary expenses while on official business of the Planning and Zoning Commission outside St. Lucie County. Due to the need to stagger terms to guarantee continuity on the Planning and Zoning Commission, the initial terms of some members may be less than four (4) years.

D.

Each one (1) of the five (5) County Commissioners shall individually appoint one (1) member of the Planning and Zoning Commission whose term shall coincide with the term of the Commissioner who appointed that member. The Board of County Commissioners shall collectively appoint the other four (4) members whose initial terms shall be established by resolution of the Board of County Commissioners. Members collectively appointed by the Board of County Commissioners shall not serve more than two (2) consecutive full four-year terms. Members individually appointed by one (1) County Commissioner may serve more than two (2) consecutive full four-year terms. Even though a collectively appointed member's term expires less than four (4) years from December 29, 1988, a collectively appointed member who has served eight (8) consecutive years or more on the Planning and Zoning Commission shall not be eligible for reappointment to another consecutive term. However, a collectively appointed member who has served eight (8) consecutive years or more may be appointed to a subsequent term beginning one (1) or more years after the expiration date of the previous term.

E.

Absence from two (2) consecutive meetings of the Planning and Zoning Commission shall vacate the seat of that member, unless such absence is excused by the Planning and Zoning Commission or the Chairman of the Planning and Zoning Commission. If a majority of the Planning and Zoning Commission members disagree with the Chairman's decision on this matter, they may overrule it. Such excuse must be duly entered upon the minutes.

F.

Any member of the Planning and Zoning Commission may be removed for cause by the Board of County Commissioners at any time, provided, however, that before such removal such member shall be provided written charges and given an opportunity to appear in his/her defense at a public meeting.

G.

In the case of a vacancy created under 12.02.02(E), 12.02.02(F), or upon the resignation of a member, the Board of County Commissioners shall collectively appoint the member to fill the vacancy, if the member was one (1) of four (4) collectively appointed by the Board. If the member was individually appointed by one (1) County Commissioner, that Commissioner shall fill the vacancy. Appointments to fill any vacancy shall be for the remainder of the unexpired term.

H.

No member of the Planning and Zoning Commission shall vote upon any matter in which he has a personal, private, or professional interest and which inures to his/her special gain or the special gain of any principal by whom he is retained.

I.

No member of the Planning and Zoning Commission shall appear for or represent any person in any matter before the Planning and Zoning Commission other than himself.

A.

At the first regular meeting in January each year, the members of the Planning and Zoning Commission shall elect one (1) of their number as Chairman and one (1) of their number as Vice-Chairman.

B.

The Chairman shall preside at all meetings and hearings of the Planning and Zoning Commission, decide points of order, and appoint any committees that are deemed necessary.

C.

The Vice-Chairman shall preside at all meetings and hearings of the Planning and Zoning Commission, and decide points of order in the absence of the Chairman.

D.

The members of the Planning and Zoning Commission may select an additional person who shall preside over meetings in the absence of the Chairman and Vice-Chairman.

A.

At the first regular meeting in January of each year, the members of the Planning and Zoning Commission shall select one (1) of their number or an employee of the Growth Management Director as a Secretary.

B.

The Secretary, with the aid of the Growth Management Director, shall keep minutes of the proceedings of the Planning and Zoning Commission, and shall maintain all records of Commission proceedings and the correspondence of the Commission.

The Growth Management Director and his/her staff shall provide necessary professional support to the Planning and Zoning Commission, with the approval of the Board of County Commissioners.

A.

No business shall be transacted by the Planning and Zoning Commission without a quorum. A quorum shall consist of at least a majority of the members of the Planning and Zoning Commission.

B.

All recommendations and decisions of the Planning and Zoning Commission shall require the affirmative vote of a majority of the members present, unless otherwise stated in this Ordinance.

A.

A regular meeting of the Planning and Zoning Commission shall be held each month, except that November and December meetings may be combined.

B.

Special meetings of the Planning and Zoning Commission may be called by the Chairman of the Planning and Zoning Commission, if at least twenty-four (24) hours notice of the special meeting is given to each member of the Planning and Zoning Commission.

C.

All meetings and hearings of the Planning and Zoning Commission shall be open to the public.

D.

The Planning and Zoning Commission may continue a regular meeting if all business cannot be completed on that day. The time and place of the meeting's resumption shall be stated by the presiding officer at the time of continuance.

E.

In the event that less than a quorum is present at any proceeding of the Planning and Zoning Commission, the proceeding shall be rescheduled within a reasonable period of time. The Secretary shall notify in writing all parties and such other interested persons as may be designated the time, place, and date of the rescheduled proceeding.

F.

All records of the Planning and Zoning Commission shall be public records open to inspection at reasonable times and upon reasonable notice in accordance with F.S. § 119.01 et seq., the Public Records Act.

The Local Planning Agency, in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. § 163.3174, shall:

A.

Be the agency responsible for the preparation of the comprehensive plan and shall make recommendations to the Board of County Commissioners regarding the adoption of such plan or element or portion thereof. During the preparation of the plan and prior to any recommendation to the Board of County Commissioners, the local planning agency shall hold at least one (1) public hearing, with due public notice, on the proposed plan or element or portion thereof. The Board of County Commissioners, in cooperation with the local planning agency, may designate any agency, committee, department, or person to prepare the comprehensive plan or any element thereof, but final recommendation of the adoption of such plan to the Board of County Commissioners shall be the responsibility of the Local Planning Agency.

B.

Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the Board of County Commissioners such changes in the comprehensive plan as may be required from time to time, including preparation of the periodic reports required by F.S. § 163.3191.

C.

Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the Board of County Commissioners as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof.

D.

Perform any other functions, duties, and responsibilities assigned to it by the Board of County Commissioners or by general or special law.

Pursuant to, and in accordance with F.S. § 163.3174, (Local Government Comprehensive Planning and Land Development Regulation Act) the County Planning and Zoning Commission is hereby designated and established as the Local Planning Agency for the unincorporated territory of the County.

Members of the Local Planning Agency shall continue to be appointed and follow such rules of procedure, methods of choosing officers, setting of public meetings, providing of financial support, and accomplishing its duties as provided in Chapter 59-1805, Laws of Florida, 1959, as amended by County Ordinance No. 71-5.

All meetings of the Local Planning Agency shall be public meetings and all agency records shall be public records. The Local Planning Agency shall encourage public participation.

The Board of Adjustment shall have the following powers and duties under this Code:

A.

The power to authorize variances from the dimensional, floodplain, and airport height requirements of this Code, in accordance with the provisions in Section 10.01.00.

B.

The power to authorize eminent domain waivers.

C.

The power to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by any decision, order, determination, or interpretation of any administrative official of the County with respect to the provisions of this Code, except for as otherwise provided in this Code.

D.

The powers to make its special knowledge and expertise available upon reasonable written request and authorization by the Board of County Commissioners to any official, department, board, commission, or agency of a city, county, state, or federal government.

E.

The powers to adopt rules of procedure that are not in conflict with the provisions of this Code.

(Ord. No. 11-005, Pt. D, 2-1-2011; Ord. No. 21-030, § 8, 9-7-2021)

A.

The Board of Adjustment shall be composed of a special magistrate, who shall be designated by the Board of County Commissioners.

B.

The Special Magistrate shall not decide any matter in which he or she has a personal, private, or professional interest and which inures to his/her special gain or the special gain of any principal by whom he or she is retained.

C.

The Special Magistrate shall not appear for or represent any person in any matter before the Planning and Zoning Commission other than himself or herself.

(Ord. No. 2022-29, § 2, 10-18-2022)

Editor's note— Ord. No. 2022-29, § 2, adopted October 18, 2022, repealed § 12.04.03, which pertained to Chairman and Vice-Chairman.

A.

An employee of the Planning and Development Services Department shall serve as a Secretary.

B.

The Secretary, with the aid of the Planning and Development Services Director, shall keep minutes of the proceedings of the Board of Adjustment and shall maintain all records of Board of Adjustment meetings, hearings, and proceedings, and the correspondence of the Board.

(Ord. No. 2022-29, § 2, 10-18-2022)

The Planning and Development Services Director and his/her staff shall provide necessary professional support to the Board of Adjustment, with the approval of the Board of County Commissioners.

(Ord. No. 2022-29, § 2, 10-18-2022)

Editor's note— Ord. No. 2022-29, § 2, adopted October 18, 2022, repealed § 12.04.06, which pertained to Quorum and Necessary Vote.

A.

Regular meetings of the Board of Adjustment shall be held each month, or as determined by the Planning and Development Services Director.

B.

Special meetings may be called, provided that reasonable notice of the such meeting is given.

C.

All proceedings of the Board of Adjustment shall be open to the public.

D.

The Board of Adjustment may continue a regular or special meeting if all business cannot be completed on that day. The time and place of the meeting's resumption shall be stated at the time of continuance.

E.

All records of the Board of Adjustment shall be public records open to inspection at reasonable times and upon reasonable notice in accordance with F.S. § 119.01 et seq., the Public Records Act.

(Ord. No. 2022-29, § 2, 10-18-2022)

In addition to the jurisdiction, authority and duties which may be conferred to the County Administrator by other provisions, he shall have the following powers and duties under this Code.

A.

The County Administrator shall grant or deny appeals petitions with regard to the Vested Rights and Adequate Public Facilities in accordance with Section 11.09.00 and Chapter V of this Code.

B.

The County Administrator shall negotiate development agreements in accordance with Section 11.08.00.

In addition to the jurisdiction, authority, and duties which may be conferred on the Planning and Development Services Director by other provisions, the Director shall also have the following powers and duties under this Code:

A.

The Director shall issue, wastewater and sewage compliance, and airport height permits, in accordance with the procedures in Section 11.05.00.

B.

The Director shall grant or deny applications for Certificates of Capacity Exemption, and Certificates of Capacity Variances in accordance with the procedures in Section 5.00.00.

C.

The Director shall grant or deny applications for a Vested Rights Special Use Permit in accordance with the procedures in Section 11.09.00 of this Code.

D.

The Director, whenever a use is not specifically listed in Section 3.01.03 or in the administrative use regulations, shall make a determination as to whether the proposed use is a use permitted by this Code, in accordance with Section 3.01.01.

E.

The Director shall serve as staff planner to the Planning and Zoning Commission and the Board of County Commissioners, including the provision of aid and technical assistance in:

1.

The initiation, processing, and review of applications for amendment to the Official Zoning Atlas as provided in Section 11.06.00;

2.

The initiation, processing, and review of applications for amendment to the text of the Code as provided in Section 11.06.00;

3.

The processing and review of applications for Planned Developments as provided in Section 11.02.00;

4.

The processing and review of applications for conditional use permits as provided in Section 11.07.00 of this Code;

5.

The processing and review of site plans as provided in Section 11.02.00;

F.

The Director shall serve as staff planner to the Board of Adjustment, including the processing and provision of technical assistance in the review of variances, as provided in Section 11.01.00.

G.

The Director shall maintain the Official Zoning Atlas.

H.

The Director shall, whenever requested to do so by the Board of County Commissioners, conduct or cause to be conducted, with the assistance of other county departments if necessary, investigations, reports, surveys, studies, maps, charts, and recommendations with respect to matters before the Board of County Commissioners, the Planning and Zoning Commission, or the Board of Adjustment.

I.

The Director shall serve as the Floodplain Administrator to administer and implement the provisions of Section 6.05.00, Flood Damage Prevention.

(Ord. No. 11-031, Pt. B, 12-20-2011; Ord. No. 12-010, Pt. B, 2-14-2012; Ord. No. 12-008, Pt. B, 3-20-2012; Ord. No. 2022-027, § 2, 9-20-2022)

In addition to the jurisdiction, authority, and duties which may be conferred on the Public Works Director by other provisions, he shall also have the following powers and duties under this Code.

A.

The Public Works Director shall receive, review, and approve Certificates of Zoning Compliance in accordance with the procedures in Section 11.05.00.

B.

The Public Works Director shall issue building and sign permits in accordance with the procedures in Section 11.05.00.

C.

The Public Works Director shall have the power to authorize an administrative variance to construct an accessory agricultural structure in accordance with Section 10.01.07.

D.

The Public Works Director shall review and approve, approve with conditions, or deny applications for Minor Replats and Lot Splits, in accordance with Section 11.03.04.

E.

The Public Works Director, or his/her designee, shall serve as the Building Official as called for under the Standard Building Code described in Section 13.00.01.

In addition to the jurisdiction, authority and duties which may be conferred on the County Engineer by other provisions, he shall have the following powers and duties under this Code.

A.

The County Engineer shall authorize variances from the requirements of the driveway and stormwater management provisions of this Code in accordance with Sections 10.01.08 and 10.01.11.

B.

The County Engineer shall issue driveway, mining and stormwater management permits in accordance with the procedures in Sections 11.05.03, 11.05.07, and 11.05.11.

C.

The County Engineer shall approve the final acceptance of development improvements in accordance with Section 11.04.00 of this Code.

The Development Review Committee shall be responsible for the review of all site plan and development review applications in accordance with Section 11.00.00 of the Code.

The Review Committee shall include representatives for the County Administrator, the Growth Management Director, the County Engineer, the County Utilities Director, and the St. Lucie County - Ft. Pierce Fire Marshal's Office, and other such offices and agencies as deemed necessary by the Growth Management Director.

A.

There is hereby established a special magistrate who shall serve as the Board of Adjustment as set forth in Section 12.04.00, and such other matters the Board of County Commissioners may assign by ordinance, resolution or otherwise.

B.

At the option of the Public Works Director, Planning and Development Services Director or other appropriate county department head, in consultation with the County Attorney, a special magistrate may serve as the St. Lucie County Code Enforcement Board, as described more fully in Chapter 1, Article II, of the St. Lucie County Code and Compiled Laws, and may enforce the provisions of this Code in accordance with Section 11.13.01(A) of this Code.

(Ord. No. 2022-29, § 2, 10-18-2022)

A.

Qualifications. To be eligible for service as a special magistrate, a person must:

1.

Be a retired Florida judge; or

2.

Be a member in good standing of the Florida Bar for a minimum of five (5) years.

B.

Appointment. One (1) or more special magistrates shall be appointed by the Board of County Commissioners and shall serve at their pleasure. A special magistrate shall remain appointed and eligible to preside over cases unless removed by the Board of County Commissioners.

C.

Compensation. A special magistrate shall be compensated at a rate to be determined by the Board of County Commissioners and under such terms and conditions as otherwise agreed to by contract.

(Ord. No. 2022-29, § 2, 10-18-2022)

A.

The special magistrate shall have the powers and duties set forth in Section 12.04.00 and such other matters the Board of County Commissioners may assign by ordinance, resolution or otherwise.

B.

The special magistrate shall have all powers necessary to conduct any hearings or appeals assigned to the special magistrate.

(Ord. No. 2022-29, § 2, 10-18-2022)