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Home My WebLink AboutO-2005-036 Liquid Propane GeneratorsORDINANCE NO. 2005-036 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE INSTALLATION AND OPERATION OF LIQUID PROPANE EMERGENCY GENERATORS; CREATING ARTICLE XI OF CHAPTER 8 OF THE CITY CODE OF ORDINANCES, ENTITLED "BUILDINGS", SUCH ARTICLE TO BE ENTITLED "EMERGENCY GENERATORS", TO SPECIFY REQUIREMENTS APPLICABLE TO LIQUID PROPANE EMERGENCY GENERATORS LOCATED IN SINGLE-FAMILY AND TWO-FAMILY (DUPLEX) ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. That Article XI, to be entitled "Emergency Generators" is created as part of Chapter 8 of the City Code of Ordinances, which Chapter is entitled "Buildings", and such Article is created to read as follows: ARTICLE XI. EMERGENCY GENERATORS Section 8-142. Emergency Generators. 1) Emergency generators which operate with liquid propane for fuel shall be permitted in any single-family and two-family (duplex) zoning district, as provided in this section. 2) Such generators shall not be permitted in a front yard. Generators, not to exceed five feet (5') in height, shall be permitted in the side yard or rear yard if a minimum ten foot (10') setback is provided to any side lot line and a minimum fifteen foot (15') setback is provided to any rear lot line; provided, however, a minimum ten foot (10') setback shall be provided to any rear lot line adjacent to a public alley. 3) Above ground liquid propane tanks shall not be permitted in a front yard or side yard. One above ground tank not to exceed six feet (6') in height and 250 gallons shall be permitted in the rear yard if a minimum ten (10') foot setback is provided to any side lot line and a minimum fifteen foot (15') setback is provided to any rear lot line; provided, however, a minimum ten foot (10') setback shall be provided to any rear lot line adjacent to a public alley. Up to two above ground tanks, not to exceed a total collective capacity of 250 gallons, and subject to the requirements of this paragraph, shall be allowed in lieu of one 250 gallon above ground tank. 4) In lieu of an above ground liquid propane tank, one underground propane tank shall be permitted. Underground liquid propane tanks shall not be permitted in a side yard. One underground tank, not to exceed 250 gallons, shall be permitted in the front or rear yard if a minimum twenty-five foot (25') setback is provided to any street lot line and a minimum ten foot (10') setback is provided to any other lot line. 5) Above ground storage tanks shall be screened with an opaque fence at least six feet (6') in height or six inches (6") higher than the top of any portion of the tank, whichever is greater. 6) A generator located in an interior side yard and situated between two dwellings shall be positioned to direct exhaust to the rear. 7) Generators and fuel tanks may not be located in any easement. 8) A generator shall be rated pursuant to the specifications sheet submitted with the building permit application, but shall not be permitted if it is rated to exceed 70 A (decibels) at a distance of twenty-three feet (23'). 9) Diesel and natural gas generators shall be prohibited. 10) Subject to compliance with all fire and building codes, the above provisions are subject to waiver by the City Commission. Section 2. That, except as amended above, all other provisions of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. 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. PASSED on first reading on September 13, 2005. PASSED AND ADOPTED on second reading on September 27, 2005. 2 ORDINANCE #2005-036 0 ATTEST: LOUISE STILSON CITY CLERK a"" Ctc, ANNE CASTRO MAYOR -COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES VICE -MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TOAFORM AND CORRECTNESS: BY: TH6w� 0 CITY ATTORNEY 3 ORMNANCE #2005-036 AGENDA REQUEST FORM CITY OF DANIA BEACH -.01A AGENDA ITEM NO.n4 1. DATE OF COMMISSION MEETING: SEPTEMBER 27,2005 2. DESCRIPTION OF AGENDA ITEM: GENERATOR TEXT AMENDMENT —2 N' READING 3. COMMISSION ACTION BEING REQUESTED: ORDINANCE 2 ND READING M 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF MEMORANDUM ORDINANCE PUBLIC HEARING NOTICE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $, 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager 0 Date September 19, 2005 Date 0 11 0 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 27, 2005 TO: 1van Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: Revised Ordinance: Propane Generators (Second Reading) APPLICANT: City Commission The ordinance has been revised to allow 70db at 23 feet as per the recommendation of the city commission at first reading. The city attorney is drafting a second ordinance to address natural gas generators based on the same specifications as the propane ordinance. Propane Text Amendment Memo — 9/13 k-tassineas Page I of I Public Hearing Notices 2. N0110: 01: P1.11.3LICIII-ARING BITC)RE Il IE. CITY Co\'I%—II.'%sI0N 01 'r ol: I)ANA'% III: 'A C . I L F Lok[Ilx R 1: (jA R 1) 1 N 6 . \ DO PTI () N C) 1: () R 1) 1 Nt A N C I.: N 0. 2 Oo5 -0' , o \ 0 -1 * I CI *. i S 6, 1 VF. N I I i a t o I) S c 1) Ic n ibc r ) 7. 2 605. a t 7 )0 p I it or as won thacaller:is the matter may bc heard, the City Commi."icin ofdw City ofl)�inia B,�:wh, Florida. %%III COlIdLICE it public licatinu in ill,: Commission Chamba :it Dania licach, Civy I iall. I(A) W,:st Daiwa Beach ilonie\ard. Danizi Iicach� Florida. 110 c0n�idcr the propo.,,A �idoption ol the fiollo\�ino Ordiiianx: AN ORDINANCI: 01: TI 11: 0 I'Y I )I- 1):\\, I.A I'L-ACK IT(fl,'ZiDA. PERTAININO 10 TI IF INSTALIA I ION AND OPJAXI ION 01' 1 IQIJID PROPANF I.Ali R61:NCY GENJI-RATORS. : CRI:A VI\G ARTICI.i�. N1 (W L'I j,\i1TFR x i.,)I- I ; 11; CITY CODF OF FN I ITI.I.J) 111"TDINCSI. St !C I I ARTICI 1: 1'() 131:� 1ATIT1.1-1) '1:.VI:kkjI:NCY GI -NI RATORS'. TO SITC IFY FAMILY ANI)TWO-FAMILY (D[ ' PLIA) XONING DISTRICTS: PROVIDING I -OR SI-VI:R:\I3II.I'I Y I -OR CONFLIC I'S� ITK'! I R.R. PROVIDING I -OR AN 1'.1-TV-0 I'vT DATI:. (Second and I-inal RQadiriL, ') Copics ot'llic j)iopo,.cd Ordinmicc i� )it I'd,: in the office ol'thc City Civik. Cit% I kill. loo West Dania 11c"Ich Ilolllc\ard. Dalli�l Bcadl. Horida. and may be inspecied b lhe public during n0lIMII businesN hours. hiwrcsl,�d partics may appc;ir at the al��)res;iid AICI:till�; Xid be heard %%iih respect to the proposed. Ali,,, permm \�ho de,;ide-N to �ippcal all� dcci�ioll made %\ith rcNpect ill zknN limiter �;owsidcred �jt ihis hearinu, wil mmi a rccord ol'thc proc"dings;tnd ti)rsuch purpose 1113� 11CC11 10 1:11SUrk: that a verhatim r,:cord ofilic pr,)�;c"finus is made, %0ich record lllCItILIL!S Ihe 1CMillIolIX Illd C% idCJICC Up011 \0ich the appc;d k to I)Q :)asca. III wcordaiice %%idi the Anicric�iii %%iih Di,,Libditics Act. persowN IleCdIllt! 'l.'sltjIlCU to pill-Licipille ill am ol'the should coiiwO 111C CiIN. CI,;f1,'N I 100 !),ill ' a 13c.ich Boule\,ard, Dailia 02-1-362-2 at least 48 hourN prior io dic meeting. Lou Aim Cumim"bill 411alillwo Avoci.ae Septeniha 11), 200:5 0