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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 904.05 <br />(EXPANSION, INCREASE, OR CHANGE OF NONCONFORMITY) OF <br />CHAPTER 904 (NONCONFORMITIES) OF THE CODE OF INDIAN <br />RIVER COUNTY, TO ALLOW FOR SINGLE FAMILY HOMES ON <br />CERTAIN NONCONFORMING PROPERTIES; AND PROVIDING FOR <br />CODIFICATION; SEVERABILITY; CONFLICT OF ORDINANCES; AND <br />EFFECTIVE DATE OF THE ORDINANCE. <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad <br />home rule powers in counties to enact ordinances, not inconsistent with general or special law, for <br />the purpose of protecting the public health, safety and welfare of the residents of the county. The <br />Indian River County Board of County Commissioners specifically determines that the enactment <br />of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian <br />River County. <br />Section 2. Amendment of Section 904.05 (Expansion, increase, or change of nonconformities) <br />of Chapter 904,(Nonconformities) of the Code of Indian River County, Florida. <br />New language indicated by underline, and deleted language indicated by strikethrough. <br />Section 904.05 (Expansion, increase, or change of nonconformities) of Chapter 904 <br />(Nonconformities) of the Code of Indian River County, Florida is hereby amended to read as <br />follows: <br />CHAPTER 904. — NONCONFORMITIES <br />Section. 904.05. —Expansion, increase, or change of nonconformities. <br />7) Single-familv homes on properties with existing nonconformins communications towers. <br />No more than two single family homes, if otherwise permitted in the applicable zoning <br />district, can be allowed to be built, subject to all other zoning requirements, on property <br />with a nonconforming communications tower, so long as the homes are set back at least <br />250 feet from the communications tower and the property owner, and the property owners' <br />successors and assigns hold the county, and its commissioners, officers, employees and <br />agents, harmless from any claims or damages relating to therg anting of such authoritv. <br />129 <br />