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HomeMy WebLinkAbout2094 ORDINANCE NO. 2094 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RELATING TO RECREATIONAL RAMPS, AMENDING SECTION 18-18(b) OF THE SANFORD CITY CODE TO PROHIBIT LOUD, DISTURBING AND ANNOYING NOISES FROM THE USE OF RECREATIONAL RAMPS; CREATING SECTION 18-35 OF THE SAMFORD CITY CODE TO REQUIRE APPROVAL OF THE CITY COMMISSION TO CONSTRUCT OR OPERATE RECREATIONAL RAMPS IN RESIDENTIAL AREAS; DEFINING "RECREATIONAL ~ RAMPS"; PROVIDING HEARING TO OCCUR AT REGULAR CITY COMMISSION MEETING; ESTABLISHING STANDARDS FOR REVIEW BY CITY COMMISSION; ESTABLISHING LOCATION, SETBACK, HEIGHT AND HOURS OF OPERATION OF RAMPS; PROVIDING FOR REVOCATION OF APPROVAL; PROVIDING FOR PENALTIES FOR VIOLATION OF ORDINANCE; PROVIDING THAT ORDINANCE DOES NOT REGULATE SAFETY OF RAMPS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sanford has received complaints from property owners and residents concerning the construction, location and operation of recreational ramps within resident.ial areas of the City; and WHEREAS, the City Commission of the City of Sanford hereby finds that the construction, location and operation of recreational ramps may annoy or disturb the peace, quiet and comfort of the citizens of the City of Sanford; and WHEREAS, the provisions and regulations herein contained are enacted not to prohibit, but to regulate the construction, location and operation of recreational ramps to ensure the peace, quiet and comfort of the citizens of the City of Sanford in residential areas; WHEREAS, the provisions and regulations herein contained are not enacted to impose or enforce any safety requirements NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: Section 18-18(b)(17) of the Sanford City Code is hereby created to read as follows: (17) Recreational Ramps. The use of any recreational ramps by a person upon a skateboard, roller skates, bicycle, coaster, toy vehicle or similar device in such a manner as to disturb the peace, quiet and comfort at any time of persons in any office, dwelling, hotel or type of residence. SECTION 2: Section 18-35 of the Sanford City Code is hereby created to read as follows: Section 18-35. Recreational ~amps. (a) No person shall construct or operate a recreational ramp within the City on property zoned residential or utilized for residential purposes unless he shall first have obtained the approval of the City Commission. (b) As used in this Article, the term "Recreational Ramp" shall mean all outdoor structures designed or intended to permit a person on a skateboard, roller skates, bicycle or other self- propelled vehicle to move continuously from one side of the structure to the other. (c) The application for approval of the construction or operation of a recreational ramp will be submitted to the City Commission at a regular City Commission meeting. The City Commission shall approve the application, with or without special conditions, or deny the application. The City Commission shall consider the application and among other things: (1) Ramp size and height; (2) proximity to adjoining properties and right-of-way; (3) Noise generation and mitigation measures; (4) The comments, if any, of other property owners and residents; (5) The number of persons to be using the ramp at any one time; (6) Compliance with subsection (d) herein. (d) Recreational ramps requiring approval of the City Commission shall meet the following conditions: Ordinance No.2094 --2-- (1) Ramps are to be located in the rear yard, a minimum of ten (10) feet from the rear and side yard property lines; (2) Ramps are to be not more than three feet in height; (3) Ramps are to be operated between the hours of 2:00 p.m. through 8:00 p.m., Monday through Friday, and from 12:00 noon through 8:00 p.m. on Saturdays and Sundays, during daylight savings time. During standard time, the hours of use shall not be later than 6:00 p.m. (e) The violation of any condition of a ramp approval shall be grounds for the revocation of that approval by the City Commission. Any person constructing Or operating a recreational ramp without approval or after revocation of approval shall immediately dismantle or cause the dismantling of said ramp and shall be guilty of a munincipal code violation which shall be punished in accordance with Chapter 1-8 of the Sanford City Code. In addition, the Code Enforcement Board of the City of Sanford shall have jurisdiction over violations of this Section. Approval of a recreational ramp is non-transferable. (f) This Section shall not be construed to impose any safety regulations or conditions upon the construction or use of recreational ramps, the City Commission having legislatively determined not to so regulate ramps. Those persons using recreational ramps do so at their own risk and with the knowledge that the City does not impose or enforce any recreational ramp safety requirements. SECTION 3: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 4: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: That this ordinance shall become effective immediately upon its passage and adoption. Ordinance No.2094 --3-- PASSED AND ADOPTED this ~ day of , A.D. 1990. MAYOR .~ ATTEST: City of Sanford, Florida. Ordinance No.2094 --4-- CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 2094, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 12th day of March, 1990, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 13th day of March, 1990. In witness whereof, I have hereunto set my hand and the official seal of the City of Sanford, Florida, this 13th day of March, 1990. As~he City-Clerk of the City of San~ord, Florida.