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ORDINANCE 2012-015 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 904, NONCONFORMITIES, BY AMENDING EXPANSION, INCREASE, OR CHANGE OF NONCONFORMITIES SECTION 904.05, BY AMENDING RECONSTRUCTION OF NONCONFORMITIES SECTION 904.07, BY AMENDING CESSATION OF NONCONFORMITIES SECTION 904.08, 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, BE AMENDED AS FOLLOWS: SECTION #1: The expansion, increase, or change of nonconformities section 904.05 is hereby amended to read as follows: (1) Generally. No nonconformity shall be enlarged, increased, or changed to a different nonconformity, except upon a determination by the director of community development or his designee that the change results in lessening of the degree of the nonconformity. (2) Additions to nonconforming structures. Additions to nonconforming structures containing conforming uses shall be permitted, if the additions to the structure(s) comply fully with setback and other applicable site -related regulations. (3) Additions to, and development or re -development of, establishments with site -related nonconformities. Additions to, and development or re -development of, structures on property with site - related nonconformities, whereby the structural additions and associated improvements do not warrant the submittal of a major site plan, may be permitted provided that such additions are in conformance with all applicable laws and ordinances of the county, do not create nonconforming uses or structures, and do not increase the degree of the existing site -related nonconformity. A4+y Where an addition whie or re -development proposal warrants the submittal of a major site plan shall regtrir-e application, all site -related nonconformities to shall be terminated and brought in into compliance with all applicable regulations of the county, with the following exceptions: (a) Site -related nonconformities pertaining to building encroachments into required yar4 setback areas, and (b) Site -related nonconformities created by public right-of-way acquisition. (4) Verifying Post right-of-way acquisition status. Non -conformities, including non - conformities on single family residential sites, created or increased in degree on a site by public right-of-way acquisition may be authorized by the community development director or his designee upon issuance of a letter verifying the post -acquisition legal non -conformity status of the site. (5) Cure plan required for commercial and multi -family sites where impacts of non - conformities created by right-of-way acquisition require mitigation. Where right-of-way Bold Underline: Additions to Ordinance S#ike &Ou& Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-015 904 nonconformities.doc