HomeMy WebLinkAbout2012-015ORDINANCE 2012-015
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO
ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO
CHAPTER 904, NONCONFORMITIES, BY AMENDING EXPANSION, INCREASE, OR
CHANGE OF NONCONFORMITIES SECTION 904.05, BY AMENDING RECONSTRUCTION OF
NONCONFORMITIES SECTION 904.07, BY AMENDING CESSATION OF
NONCONFORMITIES SECTION 904.08, 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, BE AMENDED AS FOLLOWS:
SECTION #1:
The expansion, increase, or change of nonconformities section 904.05 is hereby amended to read
as follows:
(1) Generally. No nonconformity shall be enlarged, increased, or changed to a different
nonconformity, except upon a determination by the director of community development or his
designee that the change results in lessening of the degree of the nonconformity.
(2) Additions to nonconforming structures. Additions to nonconforming structures
containing conforming uses shall be permitted, if the additions to the structure(s) comply fully with
setback and other applicable site -related regulations.
(3) Additions to, and development or re -development of, establishments with site -related
nonconformities. Additions to, and development or re -development of, structures on property with site -
related nonconformities, whereby the structural additions and associated improvements do not
warrant the submittal of a major site plan, may be permitted provided that such additions are in
conformance with all applicable laws and ordinances of the county, do not create nonconforming uses
or structures, and do not increase the degree of the existing site -related nonconformity. A4+y Where
an addition whie or re -development proposal warrants the submittal of a major site plan shall
regtrir-e application, all site -related nonconformities to shall be terminated and brought in into
compliance with all applicable regulations of the county, with the following exceptions:
(a) Site -related nonconformities pertaining to building encroachments into required yar4
setback areas, and
(b) Site -related nonconformities created by public right-of-way acquisition.
(4) Verifying Post right-of-way acquisition status. Non -conformities, including non -
conformities on single family residential sites, created or increased in degree on a site by public
right-of-way acquisition may be authorized by the community development director or his
designee upon issuance of a letter verifying the post -acquisition legal non -conformity status of
the site.
(5) Cure plan required for commercial and multi -family sites where impacts of non -
conformities created by right-of-way acquisition require mitigation. Where right-of-way
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ORDINANCE 2012-015
acquisition by a governmental agency such as Indian River County or the State of Florida from a
commercial (includes multi-familv) site will result in a non -conformity related to setbacks, open
space, stormwater management, parking, landscaping, or buffer width, or will result in an
increase in the degree of such a non -conformity that existed prior to the acquisition such non
conformity or increase in the degree of non -conformity shall be allowed upon approval of a
"cure plan" site plan.
(a) A cure plan site plan shall identify the following:
1. Site design changes and site improvements necessary to accommodate the
right-of-way acquisition and reduce the degree of or mitigate the impacts of
non -conformities. Such design changes and improvements may include but
are not limited to parking and driveway additions and modifications,
pedestrian and hardscave improvements, landscape and buffer plantings,
sign re -locations 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 acauisition.
(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 non -conformities 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.
SECTION #2:
The reconstruction of nonconformities section 904.07, is hereby amended 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 building's value as shown on the twi assessment fell
at the time of damage or proposed -o nstfuetio , 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 1150 percent
rule" shall be the total hard cost(s) of reconstruction, alteration, rehabilitation, or other
improvements to the non -conformity conducted over a total period of ten (10) -years died. For
purposes of calculating repair, reconstruction, and replacement costs, FEMA (Federal
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ORDINANCE 2012-015
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 valtie of the nefle ft9 ...flit., as s1,,...,.. O.H.
the .aX KSS.,SS::.,Ht .011 .,.t h, cmic—Qrthe n�damage —vi proposed —rccvrrscraccrorr, 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 be
her-eby modified—to allow within tie generally not apply, and non -conforming structures
substantially damaged or destroyed by the declared disaster may be deelar-ed disaster- area th
replacenwi4d or reconstructioned of 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. zThis
medifieation—to reettn4y regulatie s provision to allow the replacement or reconstruction of
nonconforming structures, however, shall have has 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 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.
SECTION #3:
The cessation of nonconformities section 904.08, is hereby amended to read as follows:
(1) Cessation of a nonconformity for one year. If, for any reason, except as specified in
subsection (a) below, a nonconforming use of land, a nonconforming structure or an establishment
having a site -related nonconformity ceases operation entirely for a continuous period of one year or
more, all nonconformities shall be considered terminated and shall not thereafter be reestablished.
This provision shall not be ,,,,,,stiled t� apply to nonconforming single-family residential homes and
nonconforming residential mobile homes.
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ORDINANCE 2012-015
Where a non -conforming use is required to have a local, state, or federal license in order to
operate and where a non -conforming use fails to maintain a valid required license for a
continuous period of one year or more, the use will may be deemed to have ceased for that period
during which a valid license was not maintained if other evidence of cessation of use is found to
be credible.
Evidence supporting a continuous period of use may include but is not limited to: copies of
required local, state, or federal licenses, documents showing payment of telephone and/or utility
bills, dated transaction receipts, and business tax filings. Such evidence shall be considered
along with any evidence supporting a determination of cessation.
(a) If the operation of a nonconformity ceases entirely or the lawful re-establishment
of a non -conformity is delayed due to damage resulting from a declared disaster as
referenced in 904.07(2), above, and the extent of damage is determined by the
Community Development Director or his designee to delay timely re -use of the
non -conformity after the disaster, then the cessation for one year regulation
threshold of this section (904.08) shall be increased to three years, unless the
deadline is extended beyond three years by resolution of the Board of County
Commissioners.
(2) Replacement of nonconforming mobile homes. Where mobile home use constitutes a
nonconforming use of land, no mobile home may be replaced with another mobile home, except when
asseeiated the mobile home is located in a legal nonconforming mobile home park; whereby the
mobile home is maintained in conformance with the originally approved mobile home park site plan
(as may be amended). The setbacks established in section 911.09(g), including footnotes, are
applicable to mobile homes within nonconforming mobile home parks.
3) Anv written determination from the community development director or his
designee regarding continuation of a non-residential non -conforming use in a residentially
designated area shall be sent by regular mail to owners of adjacent properties and shall state that
staffs determination may be appealed as provided in Section 902.07. A copy of section 902.07
shall accompany staffs written determination and mailed notice to owners of adjacent property.
SECTION #4: 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.
SECTION #5: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the
provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances
of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to
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ORDINANCE 2012- 015
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION #7: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 9th day of June, 2012, for a public hearing to
be held on the 19th day of June, 2012, and on the 30th day of June, 2012 for a second public hearing to
be held on the 10th day of July, 2012, at which time it was moved for adoption by Commissioner
O'Bryan , seconded by Commissioner Solari , and adopted by the following vote:
Chairman Gary C. Wheeler Ave
Vice Chairman Peter D. O'Bryan Aye
Commissioner Bob Solari Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
BOARD OF COUNTY COMMISSIONERS
OMMIS3j�y
'•. OF INDIAN RIVER COUNTY
b [i(
;BY: —_
Gary C. W eler, Chairman
9.�t'FR000N•�'++� ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
bx 4bxxp YYYYY• l
BY:
Deputy Clerk
This ordinance was filed with the Department of State on the following date: July 18, 2012
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
AkAlan Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
r
Robert M. Keating, AI ; Com ty Development Director
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