HomeMy WebLinkAbout1999 06 28 Public Hearings Item D
COMMISSION AGENDA
ADD-ON
Consent
Informational
Pu bUe Hearing X
Regular
ITEM D
June 28, 1999
Meeting
fv-
Mgr. / Dept.
Authorization
REQUEST:
The Community Development Department/Code Enforcement
Division requests the City Commission enact an emergency
ordinance regulating hours of operation for construction.
PURPOSE:
The purpose of this agenda item is to request the City Commission enact
an emergency ordinance regulating hours of operation for construction.
APPLICABLE LAW AND PUBLIC POLICY:
Currently, the Code of Ordinances of the City of Winter Springs does not
set hours of operation for building construction. Sec. 13-26 prohibits any
unreasonably loud, disturbing or unnecessary noise within the city.
Chapter 166, (3) (b) of the Florida Statutes allows municipalities to enact
an emergency ordinance provided that ordinance does not establish or
amend the actual zoning map designation of a parcel or parcels of land or
does not change the actual list of permitted, conditional, or prohibited uses
within a zoning category.
CONSIDERATIONS:
This emergency ordinance will be brought before the City Commission
by the City Attorney.
JUNE 28, 1999
AGENDA ITEM
Page 2
STAFF RECOMMENDATION:
Staff recommends that the City Commission enact this emergency ordinance to
protect its residents from unreasonable noise created by construction.
ATTACHMENT:
Emergency ordinance
2
EMEREGENCY
ORDINANCE NO. ill
AN EMERGENCY ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, LIMITING THE HOURS OF BUllJ)ING AND SITE OR
SUBDIVISION IMPROVEMENTS CONSTRUCTION ACTIVITIES TO
CERTAIN HOURS FOR THE PUBLIC HEALTH, SAFETY AND
WELFARE OF THE CITIZENS OF THE CITY; PROVIDING FOR A
LIMITED EXCEPTION FOR EMERGENCY REPAIRS OR
CONSTRUCflON; PROVIDING FO~ CONFLICTS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs finds that building
donsttuction and subdivision or site improvements instalhition cause significant noise, increased
thune, and dust accumulation; and,
. WHEREAS, given the essentially residential nature of the City of winter Springs. such
noise and traffic is found be disruptive to the city and City residents during evening and after
ctark hours; and,
. WHEREAS, this Commission has determined and finds that reasonable regulations
limiting construction activities to the hours of7:00 A.M. to one half hour before sunset are
cCppropriate and essential to the City and its residents; and,
,
.
I
i
l
WHEREAS, the City Commission of the City of Winter Springs finds that the current
$lte of disruption of neighborhoods and the lifestyles of individual residents by constroction
activities and noise after sunset and very early in the morning hours, constitutes an emergency.
~d that adoption of this Ordinance as an emergency is necessary and justified;
1
WHEREAS, in the event of an emergency or to complete a task that requires continuous
work to completion for technical rea~ons (pouring a cona:ete foundation, for example), an
qxemption may be granted in advance, in writing, by the City of Winter Springs Building
()fficial. '
NOW, TJUREFORE BE IT ORDAINED BY THE CITY OF WINTER
...
SPRIN~S:
SECTION 1. Anew Section 11-6, entitled "Restricted Hours of Building Construction or
Installation or ConstrUction of Site or Subdivision Improvements" of Chapter 11 entitled:
'MISCEILANEOUS OFFENSES,Js added to the Code of Ordinances to read as follows:
('
Sec. 11-6. Restricted hours of building construction or installation or construction of
subdivision improvements.
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1.
(a) All building construction activities as regulated or pennitted by Chapter 6 entitled
BUlLDING AND aun.DING REGULATIONS, and as regula.ted and required by
Chapter 9 LAND DEVELOPMENT. shall only be built, constructed. or installed
during the hours of7:00 A.M. until one half hour before sunset, as sunset is
established by the National Weather Service or other federal agency.
(b) An exception to these hours may be secured in writing, in advance from the Building
Official of the City of Winter Springs, upon a showing. supported by technical or
practical need that a task cannot be completed during said 7:00 AM. until one half
hour before sunset. .
(c) A Yiolation of this section can be enforced as a code enforcement or citation offense
pursuant to Chapter 162, Florida Statutes, or as provided by state law as a
misdemeanor, or as a civil matter by injunctive relief, or, this Section may be
enforced in the alternative using some or all of the aforesaid remedies.
SECTION 2, Conflicts. All Ordinances in conflict for the provisions of this Ordinance are
hereby superceded and this Ordinance shall prevail.
SECTION 3. Severability. If any words, phrase. sentence or portion of this Ordinance is
stricken by a Florida Court of competent jurisdiction, all other terms and conditions of the
Ordinance not specifically stricken shall remain in full force and effect.
SECTION 4. Effective Date. This Ordinance shall b~me effective upon its adoption by the
City Commission ofthe City of Winter Springs, Florida.
DONE AND ENACTED in regular session of the City Commission of the City of Winter
Springs, Florida this 28th day of Junp. . 1999.
C\;J$ldfORIDA
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