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ORDINANCE 2012-015 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 valtie of the nefle ft9 ...flit., as s1,,...,.. O.H. the .aX KSS.,SS::.,Ht .011 .,.t h, cmic—Qrthe n�damage —vi proposed —rccvrrscraccrorr, 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 be her-eby modified—to allow within tie generally not apply, and non -conforming structures substantially damaged or destroyed by the declared disaster may be deelar-ed disaster- area th replacenwi4d or reconstructioned of 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. zThis medifieation—to reettn4y regulatie s provision to allow the replacement or reconstruction of nonconforming structures, however, shall have has 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 residential mobile homes may be replaced by larger, standard size residential mobile homes if applicable setbacks are satisfied or pre-existing setback encroachments are not increased, and if applicable building codes are satisfied. (a) For a structure located east (seaward) of the County's Dune Stabilization Setback Line (DSSL), the re -building allowance of this section is limited as follows. Where damage sustained from a declared natural disaster is greater than 50 percent of MAI (Member of Appraisal Institute) assessed current market value, the structure shall, when possible, be relocated upland (landward) of its pre -disaster location to the extent that the pre -disaster footprint can be relocated upland (landward) and be in compliance with applicable building setbacks. SECTION #3: The cessation of nonconformities section 904.08, is hereby amended to read as follows: (1) Cessation of a nonconformity for one year. If, for any reason, except as specified in subsection (a) below, a nonconforming use of land, a nonconforming structure or an establishment having a site -related nonconformity ceases operation entirely for a continuous period of one year or more, all nonconformities shall be considered terminated and shall not thereafter be reestablished. This provision shall not be ,,,,,,stiled t� apply to nonconforming single-family residential homes and nonconforming residential mobile homes. Bold Underline: Additions to Ordinance 3 StfiW through! Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-015 904 nonconformities.doc