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3440 ORDINANCE NO. 3440 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 18~20 OF THE CITY CODE OF THE CITY OF SANFORD, PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT, TO CREATE A SECTION PROVIDING FOR A WAIVER OF THE REQUIREMENTS OF SECTION 18-20 UPON SUBMITTAL BY THE PROPERTY OWNER OF SUFFICIENT AND ACCEPTABLE DOCUMENTATION; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sanford finds that it is in the best interests of the citizens of the City of Sanford to amend the City Code regarding the parking of major recreational equipment to provide waivers to property owners who can demonstrate through documentation that they are entitled to grandfathering and that the impact of the current code creates undue hardship not of their own creation. NOW, TBEREFORE, BE IT ENACTED BY TIlE PEOPLE OF TIlE CITY SANFORD, FLORIDA: SECTION 1: That Section 18~20 is hereby amended to include a new Section 6 which shall read as follows: (6) Property owners within the City may request a waiver of this section and the City Commission shall have the authority to waive this section for situations that meet criteria set forth below. Further, it shall be the responsibility of the property owner to provide documentation that is sufficient and acceptable to address the following criteria: (a) Demonstrate that there are special conditions and circumstances peculiar to the land, structure or building involved and that such special conditions and circumstances did not result from the action or negligence of the property owner/applicant; (b) Demonstrate and document that storage of major recreational equipment has been ongoing and continuous since prior to January 1, 1989; (c) Demonstrate that such recreational equipment cannot be otherwise reasonably stored on the site due to the location of major physical impediments including major existing buildings/structures, existing solid block walls, large existing specimen trees or other large-scale existing improvements, but excluding typical wooden fences, shrubbery and minor landscaping; (d) Provide evidence and reasons that the storage of such recreational equipment does not cauie undue harm or detriment to the neighborhood in general and the properties immediately adjacent to the property in question; (e) Through the use of pictures and other appropriate means, demonstrate that the site is well-kept, well-maintained and otherwise not considered a detriment to the neighborhood and surrounding area; (f) Identi& the exact location upon the property where the recreational equipment is to be stored. The City Commission may require that the recreational equipment be located on pavement and may require other reasonable improvements, conditions or stipulations upon an approval; (g) The property owner shall agree in writing that, if requested, he/she shall remove or cause to be removed immediately such recreational equipment from the premises/property in question if requested to do so by the City. SECTION 2: SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 3: CONFLICTS. All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith are hereby repealed to the extent of any conflict. SECTION 4: EFFECTIVE DATE. This Ordinance shall become effective immediately upon Ordinance No. 3440 Page 2 of 3 passage and adoption. ATTEST: h Larry A. Dale, MAYOR AS THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA t~Xfiles\cdr\eitiesXsanfordXordXrec-eq-storage:drl Ordinance No. 3440 Page 3 of 3 CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3440, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the 26th day of October, 1998, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the.~9th day of October, 1998. City of Sanford, Florida