11/15/2017 3:50:28 PM
10/4/2017 3:14:00 PM
Agenda Item Number
State Filed Date
Land Development Regulations (LDR)
Amendments to Section 904.05 Expansion, increase, or change of nonconformities
Codified or Exempt
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ORDINANCE 2017- 013 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING <br />AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING <br />FOR AMENDMENT TO CHAPTER 904, NONCONFORMITIES; BY AMENDING SECTION <br />904.05 EXPANSION, INCREASE, OR CHANGE OF NONCONFORMITIES; AND BY <br />PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; <br />SEVERABILITY; AND EFFECTIVE DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT <br />REGULATIONS (LDRs) CHAPTER 904, NONCONFORMITIES, BE AMENDED AS <br />FOLLOWS: <br />SECTION #1: <br />Amend LDR Section 904.05 Expansion, increase, or change of nonconformities; as follows: <br />(1) Generally. No nonconformity shall be enlarged, increased, or changed to a different <br />nonconformity, except upon a determination by the director of community development or his <br />designee that the change results in lessening of the degree of the nonconformity. <br />(2) Additions to nonconforming structures. Additions to nonconforming structures containing <br />conforming uses shall be permitted, if the additions to the structure(s) comply fully with <br />setback and other applicable site -related regulations. <br />(3) Additions to, and development or re -development of, establishments with site -related <br />nonconformities. Additions to, and development or redevelopment of, structures on property <br />with site -related nonconformities, where the structural additions and associated improvements <br />do not warrant the submittal of a major site plan, may be permitted provided that such <br />additions are in conformance with all applicable laws and ordinances of the county, do not <br />create nonconforming uses or structures, and do not increase the degree of the existing site - <br />related nonconformity. Where an addition or redevelopment proposal warrants the submittal <br />of a major site plan application, all site -related nonconformities shall be terminated and <br />brought into compliance with all applicable regulations of the county, with the following <br />exceptions: <br />(a) Site -related nonconformities pertaining to building encroachments into required setback <br />areas, and <br />(b) Site -related nonconformities created by public right-of-way acquisition. <br />(4) Verifying post right-of-way acquisition status. Nonconformities, including nonconformities <br />on single-family residential sites, created or increased in degree on a site by public right-of- <br />way acquisition may be authorized by the community development director or his designee <br />upon issuance of a letter verifying the post -acquisition legal nonconformity status of the site. <br />Bold Underline: Additions to Ordinance <br />StFi e t„rOUgh:: Deleted Text from Existing Ordinance <br />F:\Community Development\CurDev\Ordinances\20170rdinances\2017-_ 904.05.docx <br />
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