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ORDINANCE NO. 2021- 003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 904.05 (EXPANSION, INCREASE, OR CHANGE OF NONCONFORMITY) OF CHAPTER 904 (NONCONFORMITIES) OF THE CODE OF INDIAN RIVER COUNTY, TO ALLOW FOR SINGLE FAMILY HOMES ON CERTAIN NONCONFORMING PROPERTIES; AND PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF ORDINANCES; AND EFFECTIVE DATE OF THE ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 904.05 (Expansion, increase, or -change of nonconformities) of Chapter 904 (Nonconformities) of the Code of Indian River County, Florida. New language indicated by underline, and deleted language indicated by strikethrough. Section 904.05 (Expansion, increase, or change of nonconformities) of Chapter 904 (Nonconformities) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 904. — NONCONFORMITIES Section. 904.05. —Expansion, increase, or change of nonconformities. PMWA 7) Sinale-familv homes on nronerties with existing nonconforming communications towers. No more than two single family homes, if otherwise permitted in the applicable zoning, district, can be allowed to be built, subject to all other zoning requirements, on property with a nonconforming communications tower, so long as the homes are set back at least 250 feet from the communications tower and the property owner, and the property owners' successors and assigns hold the county, and its commissioners, officers, employees and agents, harmless from any claims or damages relatingto o the granting of such authority.