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ORDINANCE 2017- nn 1-1-1 (5) Cure plan required for commercial and multi family sites where impacts of nonconformities created by right-of-way acquisition require mitigation. Where right-of-way acquisition by a governmental agency such as Indian River County or the State of Florida from a commercial (includes multi -family) site will result in a nonconformity related to setbacks, open space, stormwater management, parking, landscaping, or buffer width, or will result in an increase in the degree of such a nonconformity that existed prior to the acquisition, such nonconformity or increase in the degree of nonconformity shall be allowed upon approval of a "cure plan" site plan. (a) A cure plan site plan shall identify the following: Site design changes and site improvements necessary to accommodate the right-of- way acquisition and reduce the degree of or mitigate the impacts of nonconformities. Such design changes and improvements may include but are not limited to parking and driveway additions and modifications, pedestrian and hardscape improvements, landscape and buffer plantings, sign relocations 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 acquisition. (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 nonconformities 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. (6) Single-family home non -conformities created by County -initiated rezoning. For a legally established non -conforming single-family home that became non -conforming due to a County initiated rezoning action occurring after January 1, 1980, a setback non- conformity maV be extended for an attached accessory structure such as a screen enclosure provided such extension does not exceed the degree of setback non -conformity of the single-family residence. SECTION #2: 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. Bold Underline: Additions to Ordinance 2 Strike throughi Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20170rdinances\2017- 904.05.docx