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ORDINANCE 2012-015 Where a non -conforming use is required to have a local, state, or federal license in order to operate and where a non -conforming use fails to maintain a valid required license for a continuous period of one year or more, the use will may be deemed to have ceased for that period during which a valid license was not maintained if other evidence of cessation of use is found to be credible. Evidence supporting a continuous period of use may include but is not limited to: copies of required local, state, or federal licenses, documents showing payment of telephone and/or utility bills, dated transaction receipts, and business tax filings. Such evidence shall be considered along with any evidence supporting a determination of cessation. (a) If the operation of a nonconformity ceases entirely or the lawful re-establishment of a non -conformity is delayed due to damage resulting from a declared disaster as referenced in 904.07(2), above, and the extent of damage is determined by the Community Development Director or his designee to delay timely re -use of the non -conformity after the disaster, then the cessation for one year regulation threshold of this section (904.08) shall be increased to three years, unless the deadline is extended beyond three years by resolution of the Board of County Commissioners. (2) Replacement of nonconforming mobile homes. Where mobile home use constitutes a nonconforming use of land, no mobile home may be replaced with another mobile home, except when asseeiated the mobile home is located in a legal nonconforming mobile home park; whereby the mobile home is maintained in conformance with the originally approved mobile home park site plan (as may be amended). The setbacks established in section 911.09(g), including footnotes, are applicable to mobile homes within nonconforming mobile home parks. 3) Anv written determination from the community development director or his designee regarding continuation of a non-residential non -conforming use in a residentially designated area shall be sent by regular mail to owners of adjacent properties and shall state that staffs determination may be appealed as provided in Section 902.07. A copy of section 902.07 shall accompany staffs written determination and mailed notice to owners of adjacent property. SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to Bold Underline: Additions to Ordinance 4 Strike &Oughi Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\ remporary Internet Files\Content.Outlook\QPAZMTU8\2012-015 904 nonconformities.doc