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1985-44
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1985-44
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Last modified
3/20/2019 12:12:22 PM
Creation date
10/5/2015 9:55:48 AM
Metadata
Fields
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Ordinances
Ordinance Number
1985-44
Adopted Date
05/15/1985
Ordinance Type
Zoning
State Filed Date
05\31\1985
Code Number
Section 25 Height Exceptions
Subject
Height Limitations Yard Encroachments
Codified or Exempt
Codified
Supplemental fields
SmeadsoftID
13305
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Repairs, maintenance and improvements of nonconformities may be <br />carried out, provided that such work does not increase the cubic <br />content of the building or the floor or ground area devoted to the <br />nonconforming use or in any way increases or creates a site -related <br />nonconformity. The preceding requirement does not prevent compli- <br />ance with applicable laws or requirements relative to the safety and <br />sanitation of a building occupied by a nonconforming use. <br />6. Reconstruction of Nonconformities After Catastrophe <br />If any nonconforming structure or use or an establishment containing <br />a site related nonconformity is .damaged by fire, flood, explosion, <br />collapse, wind or other catastrophe to such an extent that the cost <br />of repair or reconstruction will exceed fifty (50) per cent of the <br />building's value as shown on the tax assessment roll at the time of <br />the damage, the nonconformity shall be deemed terminated. No repair <br />or reconstruction may occur except when such repair or recon- <br />struction results in the conversion of the previous nonconformity to <br />a conforming structure and/or use or site. In the event that damage <br />to a nonconformity may be repaired by an investment of less than <br />fifty (50) per cent of the appraised value of the nonconformity as <br />shown on the tax assessment roll at the time of the damage, such <br />repair shall be permitted and the nonconformity may continue. <br />7. Cessation of Nonconformities <br />If, for any reason, a nonconforming use of land, a nonconforming <br />structure or an establishment having a site related nonconformity <br />ceases operation for a continuous period of ninety (90) days or <br />more, or a nonconforming structure is removed for a continuous <br />period of ninety (90) days or more, all nonconformities shall be <br />considered terminated and shall not thereafter be reestablished. <br />25 K. MINIMUM BUILDABLE WIDTH <br />Side yard requirements notwithstanding, all existing lots of record shall <br />be permitted to have side yards reduced in order to allow a minimum <br />buildable width of thirty (30) feet. The thirty (30) foot width shall be <br />located so that the buildable area is centered in relation to the width <br />of the lot, and that side yards of equal width are maintained. <br />25 L. SETBACK REQUIREMENTS <br />Street and Road Setbacks <br />In the event of the recording of any proposed street or road in the <br />office of the Clerk of the Circuit Court of Indian River County, or <br />in the event of the designation or establishment by the Board of <br />County Commissioners of any proposed public street or road, the same <br />shall thereupon immediately be used as the reference point for the <br />purpose of determining setbacks for new construction under the terms <br />of this Ordinance. This provision shall not prevent the recon- <br />struction of a full or partially damaged or destroyed legally <br />nonconforming structure so long as the rebuilt structure is consis- <br />tent with the County's Building code. <br />Required Setbacks From Waterbodies <br />All residential properties which abut the intracoastal waterway, <br />Indian River or other natural water bodies shall provide for a <br />minimum rear yard setback of twenty-five (25) feet _between all <br />structures and the waterbody. Exceptions to this provision may be <br />made, as provided in Section 25 B of this ordinance. <br />3. S.R. 60 Front Setback Requirement <br />All developments abutting S.R. 60 shall have a minimum front setback <br />of seventy-five (75) feet. <br />25 M. REQUIRED CORNER VISIBILITY <br />Location <br />-14- <br />
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