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2012-038
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2012-038
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Last modified
2/11/2021 2:38:10 PM
Creation date
10/5/2015 9:16:07 AM
Metadata
Fields
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Ordinances
Ordinance Number
2012-038
Adopted Date
12/04/2012
Agenda Item Number
10.A.2.
Ordinance Type
Land Development Regulations
State Filed Date
12\13\2012
Entity Name
Nonconformities Use Limitations
Code Number
Chapter 917 and 904
Subject
Non conforming structures or accessory uses
Supplemental fields
SmeadsoftID
11633
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ORDINANCE 2012-038 <br />residential mobile homes may be replaced by larger, standard size residential mobile homes if <br />applicable setbacks are satisfied or pre-existing setback encroachments are not increased, and if <br />applicable building codes are satisfied. <br />(a) For a structure located east (seaward) of the County's Dune Stabilization Setback <br />Line (DSSL), the re -building allowance of this section is limited as follows. Where <br />damage sustained from a declared natural disaster is greater than 50 percent of MAI <br />(Member of Appraisal Institute) assessed current market value, the structure shall, <br />when possible, be relocated upland (landward) of its pre -disaster location to the <br />extent that the pre -disaster footprint can be relocated upland (landward) and be in <br />compliance with applicable building setbacks. <br />(3) Use of an accessory structure serving a principal structure rendered unusable <br />or unoccupiable due to damage or destruction of the principal structure shall be governed by <br />the regulations found in section 917.04. <br />SECTION #2: <br />Amend LDR Section 917.04, Use Limitations, to read as follows: <br />Uses and structures are restricted as provided below. <br />(1) No accessory structure shall be built prior to the construction of the principal use, <br />except for single-family docks on vacant lots as specified in Chapter 971. A building <br />permit for an accessory structure may be obtained as part or at the same time as the <br />permit for the principal structure. <br />(2) No accessory structure shall be occupied or utilized unless the principal structure to <br />which it is accessory is occupied or utilized, except as provided below: - <br />a) If a principal structure served by one or more accessory structures is rendered <br />unusable due to damage or destruction of the principal structure, then any <br />structure that is accessory to the damaged or destroyed principal structure may <br />be occupied or utilized prior to re -occupation, reconstruction, or re -use of the <br />principal structure for a period of up to three (3) years from the date of damage <br />or destruction or upon expiration of a reconstruction building permit, <br />whichever occurs later. One extension of the 3 year deadline may be requested <br />subject to the extension provisions contained in paragraph 1, below. <br />1 In the event that the principal structure is damaged or destroyed by a <br />disaster declared by the Governor of Florida or the President of the <br />United States, then the timeframe cited in (2)(a) above for occupying or <br />utilizing the associated accessory structure shall be extended to five (5) <br />years The property owner may request one extension beyond the five <br />(5) year timeframe by filing an administrative approval application with <br />the community development department. The extension shall not exceed <br />three (3) years. The application shall provide justification for extending <br />the deadline and for determining that continued use of the accessory <br />structure will be compatible with surrounding land uses based on the <br />Bold Underline: Additions to Ordinance 2 <br />$tr-ike thfoughi Deleted Text from Existing Ordinance <br />F:\Community Development\Users\CurDev\Ordinances\2012\2012-_ 904 and 917.doc <br />
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