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- nn 1-1-1 <br />(5) Cure plan required for commercial and multi family sites where impacts of nonconformities <br />created by right-of-way acquisition require mitigation. Where right-of-way acquisition by a <br />governmental agency such as Indian River County or the State of Florida from a commercial <br />(includes multi -family) site will result in a nonconformity related to setbacks, open space, <br />stormwater management, parking, landscaping, or buffer width, or will result in an increase <br />in the degree of such a nonconformity that existed prior to the acquisition, such nonconformity <br />or increase in the degree of nonconformity shall be allowed upon approval of a "cure plan" <br />site plan. <br />(a) A cure plan site plan shall identify the following: <br />Site design changes and site improvements necessary to accommodate the right-of- <br />way acquisition and reduce the degree of or mitigate the impacts of nonconformities. <br />Such design changes and improvements may include but are not limited to parking <br />and driveway additions and modifications, pedestrian and hardscape improvements, <br />landscape and buffer plantings, sign relocations and modifications, and stormwater <br />management system changes. <br />2. The parties responsible for installing the cure plan improvements, along with <br />timeframes for completion of the changes and improvements. <br />(b) The cure plan site plan shall be accompanied by a document, in a form approved by the <br />county attorney's office, providing written acknowledgment of cure plan related <br />responsibilities by the parties involved in the acquisition. <br />(c) The community development director or his designee is authorized to approve cure plan <br />site plans and may attach approval conditions to reduce the degree of or mitigate the <br />impacts of nonconformities and/or ensure implementation of the cure plan site plan. <br />These regulations are intended to authorize non -conformities resulting from right-of-way <br />acquisitions and provide for cure plans used in conjunction with the right-of-way acquisition <br />process. These regulations are not intended to create any obligations beyond those obligations <br />addressed in the right-of-way acquisition process. <br />(6) Single-family home non -conformities created by County -initiated rezoning. For a legally <br />established non -conforming single-family home that became non -conforming due to a <br />County initiated rezoning action occurring after January 1, 1980, a setback non- <br />conformity maV be extended for an attached accessory structure such as a screen <br />enclosure provided such extension does not exceed the degree of setback non -conformity <br />of the single-family residence. <br />SECTION #2: SEVERABILITY <br />If any clause, section or provision of this Ordinance shall be declared by a court of competent <br />jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated <br />from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect <br />and be as valid as if such invalid portion thereof had not been incorporated therein. <br />Bold Underline: Additions to Ordinance 2 <br />Strike throughi Deleted Text from Existing Ordinance <br />F:\Community Development\CurDev\Ordinances\20170rdinances\2017- 904.05.docx <br />
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