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ORDINANCE 2012- 038 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 904, NONCONFORMITIES, AND CHAPTER 917, ACCESSORY USES AND STRUCTURES, BY AMENDING RECONSTRUCTION OF NONCONFORMITIES SECTION 904.07, AND BY AMENDING USE LIMITATIONS (ACCESSORY USES) SECTION 917.04; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 904, NONCONFORMITIES AND CHAPTER 917 ACCESSORY USES AND STRUCTURES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 904.07, Reconstruction of nonconformities, to read as follows: (1) If any nonconforming structure or use or an establishment containing a site -related nonconformity is damaged by causes including but not limited to fire, flood, explosion, collapse, wind, neglect, age, or is voluntarily razed or disassembled to such an extent that the cost of repair or reconstruction will exceed fifty (50) percent of the market value of the structure before the damage occurred, then the nonconformity shall be deemed terminated; and shall not thereafter be reestablished. The cost of repair or reconstruction used in calculations under this "50 percent rule" shall be the hard cost(s) of reconstruction, alteration, rehabilitation, or other improvements to the non -conformity conducted over a total period of ten (10) years. For purposes of calculating repair, reconstruction, and replacement costs, FEMA (Federal Emergency Management Agency) "50 Percent Rule" policies, as represented in the Chapter 901 definition of "substantial improvement", shall be used. In the event that a nonconformity may be repaired by an investment of less than fifty (50) percent of the market value of the structure before the damage occurred, then such repair or reconstruction shall be permitted, and the nonconformity may continue. For purposes of applying these regulations, the property owner shall be responsible for providing repair cost, reconstruction cost, and market value information consistent with "market value" as defined in the Chapter 901 definition of "substantial improvement", as required by the Building Official or his designee. The Building Official or his designee shall be responsible for reviewing such information and determining whether or not the fifty (50) percent of market value threshold is exceeded. (2) If Indian River 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 natural disaster such as a hurricane, tornado, flood, or other similar act of God, then the provisions of section 904.07(1) shall generally not apply, and non -conforming structures substantially damaged or destroyed by the declared disaster may be replaced or reconstructed on or in the location of the pre - disaster building footprint within five years of the disaster declaration unless the deadline is extended beyond five years by resolution of the Board of County Commissioners. This provision to allow the replacement or reconstruction of nonconforming structures, however, shall have no effect upon the application and enforcement of state or federal laws and agency regulations regarding replacement or reconstruction of nonconforming structures. Under this provision, non -conforming Bold Underline: Additions to Ordinance / 1 Stfike through! Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\2012-_ 904 and 917.doc