§ 62-6308. Affordable housing stock lost to development.

(a)

Loss of affordable housing units. Development activities that include, demolition, removal, destruction, physical conversion, or change of use conversion in unincorporated Brevard County, which eliminates affordable housing units as defined and created under this article, unless otherwise specified in an existing written agreement approved by the board of county commissioners, shall:

(1)

Provide unit replacement stock on site at a ratio of 1 to 1;

(2)

Or upon demonstration of a documented hardship, that is approved by the BOCC, pursue other mitigation measures as listed below:

a.

Provide unit replacement off site, at one location, within a ten-mile radius, at a ratio of 1 to 1. The site must meet the minimum requirements of the location evaluation matrix and needs analysis, and utilize the design review guidelines;

b.

Provide payment to the housing trust fund in an amount established by the board;

c.

Provide an innovative replacement contribution to the housing trust fund meeting the requirements of the Code;

d.

Donate suitable land and, or residential unit equivalent development rights, to be used by the county, or a county recognized land trust, for the development of affordable housing. The land or site must meet the minimum requirements of the location evaluation matrix and needs analysis, and allow the application of the design review guidelines.

(b)

Innovative replacement methods. Other unique or innovative replacement contributions which further the goals of the county local housing assistance plan and the county comprehensive plan may be implemented to meet the requirements above. These innovative replacement contributions must be approved by the board, after recommendation by the housing and human services director.

(c)

Replacement exemption. Single-family structures, on a single-family lot, may be replaced with another single-family structure by the same property owner, and are exempt from the replacement requirements of this Code.

(Ord. No. 07-18, § 10, 5-3-07)