County will require new dirt tracks to draw $300 permits

August 17, 2005

BY SUSAN LATHAM CARR
THE STAR-BANNER

OCALA - Anyone wishing to build a dirt bike track or other motorized vehicle racetracks in residential neighborhoods in Marion County will have to get a special use permit.

The county commissioners voted unanimously on Tuesday to adopt a resolution that requires that the $300 permit be obtained before constructing racetracks or practice facilities for all-terrain vehicles, motocross bikes, go-carts, off-road vehicles or any other similar vehicles.

The permit does not apply to existing tracks, which are grandfathered in under the resolution. Nor does it restrict people who want to ride an ATV or motorcycle on their property. It applies to tracks in residential neighborhoods and only in the unincorporated parts of the county.

However, if the property is not used as a track for 12 months, it would become a non-conforming use and would require permitting. But, if the property is sold, the right to use the track goes with the property.

Bike riders' arguments did not sway the commission.

"The issues have been noise, dust and problems with bad language," said Nancy Ihasz, a member of Women in the Wind, who said she has ridden motorcycles since 1979. "There probably are some bad neighbors out there."

She said she did not understand why there had to be a resolution.

"I just don't think we need to get into that, if we can enforce what we have now," Ihasz told the commissioners. "I don't want the commission telling me how I can use my motorcycles on my land."

Russ Langford, too, was against the resolution.

"Unfortunately there's irresponsible neighbors," Langford said. "I can't control that. My son is ranked No. 1 in Florida and No. 2 in the country in motocross."

Langford said he gets along with his neighbors.

"I treat them good. They treat me good," Langford said. "We don't have problems."

But Joe D'Agostino has a different situation. A neighbor developed a track abutting D'Agostino's property.

"Just regulate the use of these bikes at specific locations," D'Agostino said.

He had questions about making the use non-conforming if no one uses the track for 12 months.

"Who's going to start the clock?" D'Agostino asked. "I ask you to continue to walk forward with this. We're not against dirt bikes."

D'Agostino's wife, Caroline, also spoke.
"There are times I am on the phone," she said. "I can't talk to my clients, the noise is so loud."

The D'Agostinos put up a berm and tried unsuccessfully to resolve the matter with their neighbors.

"We are really disappointed," Caroline D'Agostino said. "We can't sell it if we decided to do it."

County Commission Chairman Andy Kesselring said the county still has a noise ordinance. "Code enforcement is going to be able to enforce that," he said.

No one seemed entirely happy with the resolution.

D'Agostino said he is glad that "something happened" and that there will be some protection in the future against building tracks next to people's homes.

But the resolution gives him no short-term relief.

"It doesn't solve the problem at all," D'Agostino said. "It's stupid. It's a waste of time."

As far as the noise ordinance goes, he said the noise occurs on weekends, when county officials are not working.

"Now how do you enforce it?" D'Agostino asked. "What is the penalty?"

He said that dirt bikes have been banned in other areas of the country.

"We need to have the officials to be concerned about not losing votes," D'Agostino said.

Bike riders, too, were unhappy.
"I think it will be tough to come into compliance with their restrictions," Langford said.

He said the resolution penalizes riders who respect their neighbors.

"I wish they could have used that time, money and efforts to fine those individuals in those scenarios that have caused this problem," Langford said about the commissioners.

After the meeting, County Commissioner Jim Payton said the county administrator has been directed to have people on call on the weekends to deal with violations.

"It's really a bad situation," Payton said. "Under the circumstances, we did about the only thing we could do."

He said some people have taken the matter to court and have been successful.

"Maybe that's where it belongs," Payton said.

Payton has visited three homes where people live next door to bike tracks.

"Yes, it's bad," Payton said. "It's intolerably bad."

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Susan Latham Carr may be reached at susan.carr@starbanner.com or (352) 867-4156.

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