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Home My WebLink About2012-038ORDINANCE 2012- 038 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 904, NONCONFORMITIES, AND CHAPTER 917, ACCESSORY USES AND STRUCTURES, BY AMENDING RECONSTRUCTION OF NONCONFORMITIES SECTION 904.07, AND BY AMENDING USE LIMITATIONS (ACCESSORY USES) SECTION 917.04; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 904, NONCONFORMITIES AND CHAPTER 917 ACCESSORY USES AND STRUCTURES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 904.07, Reconstruction of nonconformities, to read as follows: (1) If any nonconforming structure or use or an establishment containing a site -related nonconformity is damaged by causes including but not limited to fire, flood, explosion, collapse, wind, neglect, age, or is voluntarily razed or disassembled to such an extent that the cost of repair or reconstruction will exceed fifty (50) percent of the market value of the structure before the damage occurred, then the nonconformity shall be deemed terminated; and shall not thereafter be reestablished. The cost of repair or reconstruction used in calculations under this "50 percent rule" shall be the hard cost(s) of reconstruction, alteration, rehabilitation, or other improvements to the non -conformity conducted over a total period of ten (10) years. For purposes of calculating repair, reconstruction, and replacement costs, FEMA (Federal Emergency Management Agency) "50 Percent Rule" policies, as represented in the Chapter 901 definition of "substantial improvement", shall be used. In the event that a nonconformity may be repaired by an investment of less than fifty (50) percent of the market value of the structure before the damage occurred, then such repair or reconstruction shall be permitted, and the nonconformity may continue. For purposes of applying these regulations, the property owner shall be responsible for providing repair cost, reconstruction cost, and market value information consistent with "market value" as defined in the Chapter 901 definition of "substantial improvement", as required by the Building Official or his designee. The Building Official or his designee shall be responsible for reviewing such information and determining whether or not the fifty (50) percent of market value threshold is exceeded. (2) If Indian River County or a portion thereof is declared a disaster area by the Governor of the State of Florida or the President of the United States, as a result of a natural disaster such as a hurricane, tornado, flood, or other similar act of God, then the provisions of section 904.07(1) shall generally not apply, and non -conforming structures substantially damaged or destroyed by the declared disaster may be replaced or reconstructed on or in the location of the pre - disaster building footprint within five years of the disaster declaration unless the deadline is extended beyond five years by resolution of the Board of County Commissioners. This provision to allow the replacement or reconstruction of nonconforming structures, however, shall have no effect upon the application and enforcement of state or federal laws and agency regulations regarding replacement or reconstruction of nonconforming structures. Under this provision, non -conforming Bold Underline: Additions to Ordinance / 1 Stfike through! Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\2012-_ 904 and 917.doc ORDINANCE 2012-038 residential mobile homes may be replaced by larger, standard size residential mobile homes if applicable setbacks are satisfied or pre-existing setback encroachments are not increased, and if applicable building codes are satisfied. (a) For a structure located east (seaward) of the County's Dune Stabilization Setback Line (DSSL), the re -building allowance of this section is limited as follows. Where damage sustained from a declared natural disaster is greater than 50 percent of MAI (Member of Appraisal Institute) assessed current market value, the structure shall, when possible, be relocated upland (landward) of its pre -disaster location to the extent that the pre -disaster footprint can be relocated upland (landward) and be in compliance with applicable building setbacks. (3) Use of an accessory structure serving a principal structure rendered unusable or unoccupiable due to damage or destruction of the principal structure shall be governed by the regulations found in section 917.04. SECTION #2: Amend LDR Section 917.04, Use Limitations, to read as follows: Uses and structures are restricted as provided below. (1) No accessory structure shall be built prior to the construction of the principal use, except for single-family docks on vacant lots as specified in Chapter 971. A building permit for an accessory structure may be obtained as part or at the same time as the permit for the principal structure. (2) No accessory structure shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized, except as provided below: - a) If a principal structure served by one or more accessory structures is rendered unusable due to damage or destruction of the principal structure, then any structure that is accessory to the damaged or destroyed principal structure may be occupied or utilized prior to re -occupation, reconstruction, or re -use of the principal structure for a period of up to three (3) years from the date of damage or destruction or upon expiration of a reconstruction building permit, whichever occurs later. One extension of the 3 year deadline may be requested subject to the extension provisions contained in paragraph 1, below. 1 In the event that the principal structure is damaged or destroyed by a disaster declared by the Governor of Florida or the President of the United States, then the timeframe cited in (2)(a) above for occupying or utilizing the associated accessory structure shall be extended to five (5) years The property owner may request one extension beyond the five (5) year timeframe by filing an administrative approval application with the community development department. The extension shall not exceed three (3) years. The application shall provide justification for extending the deadline and for determining that continued use of the accessory structure will be compatible with surrounding land uses based on the Bold Underline: Additions to Ordinance 2 $tr-ike thfoughi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\2012-_ 904 and 917.doc ORDINANCE 2012- 038 This ordinance was advertised in the Press -Journal on the 19th day of November, 2012, for a public hearing to be held on the 4th day of December, 2012, at which time it was moved for adoption by Commissioner Davis , seconded by Commissioner Solari , and Chairman Joseph E. Flescher Aye Vice Chairman Wesley S. Davis Aye Commissioner Tim Zorc Aye Commissioner Peter D. O'Bryan Ave Commissioner Bob Solari Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY lily" . P'�u '.� Alan Polackwich, Sr., County Attorney AS TO PLANNING MATTERS )pment Director r Bold Underline: Additions to Ordinance 4 Strike threughi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\2012-_ 904 and 917.doc