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ORDINANCE 2012-015 acquisition by a governmental agency such as Indian River County or the State of Florida from a commercial (includes multi-familv) site will result in a non -conformity related to setbacks, open space, stormwater management, parking, landscaping, or buffer width, or will result in an increase in the degree of such a non -conformity that existed prior to the acquisition such non conformity or increase in the degree of non -conformity shall be allowed upon approval of a "cure plan" site plan. (a) A cure plan site plan shall identify the following: 1. Site design changes and site improvements necessary to accommodate the right-of-way acquisition and reduce the degree of or mitigate the impacts of non -conformities. Such design changes and improvements may include but are not limited to parking and driveway additions and modifications, pedestrian and hardscave improvements, landscape and buffer plantings, sign re -locations and modifications, and stormwater management system changes. 2. The parties responsible for installing the cure plan improvements, along with timeframes for completion of the changes and improvements. (b) The cure plan site plan shall be accompanied by a document, in a form approved by the County Attorney's Office, providing written acknowledgment of cure plan related responsibilities by the parties involved in the acauisition. (c) The community development director or his designee is authorized to approve cure plan site plans and may attach approval conditions to reduce the degree of or mitigate the impacts of non -conformities and/or ensure implementation of the cure plan site plan. These regulations are intended to authorize non -conformities resulting from right-of-way acquisitions and provide for cure plans used in conjunction with the right-of-way acquisition process. These regulations are not intended to create any obligations beyond those obligations addressed in the right-of-way acquisition process. SECTION #2: The reconstruction of nonconformities section 904.07, is hereby amended 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 building's value as shown on the twi assessment fell at the time of damage or proposed -o nstfuetio , 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 1150 percent rule" shall be the total hard cost(s) of reconstruction, alteration, rehabilitation, or other improvements to the non -conformity conducted over a total period of ten (10) -years died. For purposes of calculating repair, reconstruction, and replacement costs, FEMA (Federal Bold Underline: Additions to Ordinance StFilie m: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-015 904 nonconformities.doc