HomeMy WebLinkAboutO-2012-014 Solar Text Amendment ORDINANCE NO. 2012-014
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY
AMENDING ARTICLE 220 "SUPPLEMENTAL BUILDING AND
STRUCTURE HEIGHT REGULATIONS (INCLUDING LOWEST FINISHED
FLOOR); "ROOFTOP REGULATIONS" IN ORDER TO PROVIDE
REGULATIONS OF ROOFTOP PHOTOVOLTAIC SOLAR SYSTEMS IN
RESIDENTIAL AND SMALL COMMERCIAL STRUCTURES TO
IMPLEMENT THE "GO SOLAR" BROWARD ROOFTOP CHALLENGE
PERMITTING PROCESS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach
Comprehensive Plan provides that the City of Dania Beach will maintain land development
regulations and zoning regulations to implement the City's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances and Land Development Code
("Code") in order to update regulations and procedures to implement municipal goals and
objectives; and
WHEREAS, Go SOLAR Broward Rooftop Solar Challenge ("Go SOLAR") is a U.S.
Department of Energy grant-funded program that makes it easier for Broward County residents
and businesses to convert to solar energy, by reducing the cost and wait time associated with the
installation process for rooftop photovoltaic solar systems; and
WHEREAS, on July 27, 2011, the City of Dania Beach provided a letter of commitment
to Broward County for participation in the `Go SOLAR"program; and
WHEREAS, Broward County is partnering with fourteen cities throughout the county,
including the City of Dania Beach, to implement the "Go SOLAR" program by developing a
streamlined online permitting process for rooftop photovoltaic solar systems on qualifying
residential and commercial structures, identifying and removing restrictive zoning barriers,
exploring ways to improve financing options and educating the community about the economic
and environmental benefits of solar power; and
WHEREAS, Community Development Department staff has identified a need to amend
the Code to authorize and provide regulations for rooftop photovoltaic solar systems, in order to
implement the streamlined permitting process of the "Go SOLAR" program and enable the
City's participation in the program; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's
Comprehensive Plan; and
WHEREAS, pursuant to Section 166.041(3)(a), Florida Statutes, notice has been given
by publication in a paper of general circulation in the City, notifying the public of this proposed
Ordinance and of the time and date of the public hearing; and
WHEREAS, a public hearing was held before the City Commission pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Article 220 "Supplemental Building and Structure Height Regulations
(Including Lowest Finished Floor); Rooftop Regulations" of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 220 "SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT
REGULATIONS (INCLUDING LOWEST FINISHED FLOOR); ROOFTOP
REGULATIONS
Sec. 220-65. Rooftop Photovoltaic Solar Systems; Go SOLAR-Broward Rooftop Solar
Challenge Permitting Process.
(1) Intent. The provisions contained in this Section are intended to promote the health, safety,
and general welfare of the citizens of the City by removing barriers to the installation of
alternative energy systems and to encourage the installation of rooftop photovoltaic solar systems
pursuant to the U.S. Department of Energy Rooftop Solar Challenge Agreement Number DE-
EE0005701 ("Go SOLAR- Broward Rooftop Solar Challenge") on qualifying buildings and
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structures. The provisions and exceptions contained in this Section are limited to rooftop
photovoltaic solar systems permitted through web-based applications for pre-approved rooftop
photovoltaic solar system installations that utilize the "Go SOLAR" Broward Rooftop Solar
Challenge permitting_process.
(2) Definitions. For purposes of this section, the following terms shall have the meaning
prescribed in this Section:
(a) Roof Line: The top edge of the roof which forms the top line of the building
silhouette or, for flat roofs with or without a parapet,the top of the roof.
(b) RooLop photovoltaic solar system: A system which uses one (1) or more
photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or
surface- or rack-mounted on a flat roof, to convert sunlight into electricity.
(3) Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed
permitted accessoryquipment to residential and commercial conforming and nonconforming
buildings and structures in all zoning categories. Nothing contained in this Chapter, including
design standards or guidelines included or referenced in this Section, shall be deemed to
prohibit the installation of rooftop photovoltaic solar systems as accessory equipment to
conforming and nonconforming buildings, including buildings containing nonconforming uses,
when such systems are installed pursuant to the Go SOLAR-Broward Rooftop Solar Challenge
permitting process.
(4) Height. In order to be deemed permitted accessory equipment, the height of rooftop
photovoltaic solar systems shall not exceed the height of the roof line, as defined herein. For flat
roofs with or without a parapet, in order to be deemed accessory equipment, the height of the
rooftop photovoltaic solar system shall not be greater than five (5) feet above the roof.
(5) Permits. Prior to the issuance of a permit, the property owner(s) must acknowledge, as part
of the permit application, that:
(a) if the property is located in a homeowners' association, condominium association,
or otherwise subject to restrictive covenants, the property my be subject to
additional regulations or requirements despite the issuance of a permit by the
Ci • and
(b) the issuing ofapermit for a rooftop photovoltaic solar system does not create in
the property owner(s), its, his, her, or their successors and assigns in title, or
create in the property itself a right to remain free of shadows or obstructions to
solar energy caused by development adjoining on other property or the growth of
any trees or vegetation on other property or the ri t to prohibit the development
on or growth of any trees or vegetation on another property.
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(6) Tree Maintenance and removal. To the extent that the City has discretion regarding the
removal or relocation of trees, solar access shall be a factor taken into consideration in
determining whether and where trees may be removed or relocated.
(7) Maintenance. All rooftop photovoltaic solar systems shall be properly maintained and be
kept free from hazards, including but not limited to, faulty wiring, loose fastenings, being in an
unsafe condition or detrimental to public health, safety, or general welfare.
Section 3. All ordinances of the City of Dania Beach in conflict with any provisions
of this Ordinance are repealed to the extent of such conflict.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance
may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance"
shall be changed to "Section,""Article" or other appropriate word.
Section 6. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on July 24, 2012.
PASSED AND ADOPTED on second reading on August 14, 2012.
ATTEST:
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LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
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APPROVED AS TO FO AND CORRECTNESS:
THOMAS J. ANSBRb
CITY ATTOkNEY ,
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