0 PHOTOVOLTAIC SOLAR SYSTEMS BY PROVIDING

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Morgan Caldwell
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1 1 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK FLORIDA AMENDING 5 CHAPTER 2 ENTITLED LAND DEVELOPMENT CODE IN THE CODE OF ORDINANCES OF THE CITY OF OAKLAND PARK BY SPECIFICALLY AMENDING 8 ARTICLE V SUPPLEMENTAL REGULATIONS BY 9 CREATING SECTION ENTITLED ROOFTOP 0 PHOTOVOLTAIC SOLAR SYSTEMS BY PROVIDING 11 FOR REGULATIONS TO ALLOW ROOFTOP 12 PHOTOVOLTAIC SOLAR SYSTEMS AS A PERMITTED 13 ACCESSORY USE AND STRi1CTURE BY SPECIFICALLY l AMENDING ARTICLE V SUPPLEMENTAL I S REGULATIONS SECTION 2 ENTITLED SETBACK 1 ENCROACHMENT POLICY BY REMOVING THE l MINIMUM HEIGHT FROM GRADE REQUIREMENT FOR 18 PROJECTIONS ALLOWED IN SETBACKS BY l9 SPECIFICALLY AMENDING ARTICLE V 20 SUPPLEMENTAL REGULATIONS SECTION ENTITLED SUPPLEMENTAL REGULATIONS THAT ARE 22 ONLY APPLICABLE TO THE R la R 1B R 1C RD AND RM 5 ANNEXED AREA RESIDENTIAL DWELLING 2 DISTRICTS BY ALLOWING WALKWAYS TO BE 25 PLACED ADJACENT TO A HOME AND REMOVING THE 2 SETBACK REQUIREMENT BETWEEN ANOTHER 2 ACCESSORY BUILDING AND FROM ANY PI2INCIPAL 28 BUILDING ON THE SAME LOT BY SPECIFICALLY 29 AMENDING ARTICLE V SUPPLEMENTAL 30 REGULATIONS SECTION ENTITLED 31 PROPERTY MAINTENANCE OUTDOOR STORAGE AND 32 JUNK OR ABANDONED PROPERTY BY CLARIFYING 33 THAT SOLID WASTE CARTS SHALL BE STORED 3 BEI3IND THE FURTHEST FRONT FACADE BY 35 SPECIFICALLY AMENDING ARTICLE VIII 3 LANDSCAPING AND FENCES SECTION 2 10 FENCES 3 WALLS AND HEDGES ENTITLED GENERAL 38 REQUIREMENTS TO CORRECT SCRIVENER S ERROR 39 REGARDING THE LOCATION OF A REQUIRED 0 LANDSCAPE STRIP PROVIDING FOR SEVERABILITY 1 PROVIDING FOR CONFLICTS PROVIDING FOR 1

2 1 CODIFICATION PROVIDING FOR AN EFFECTNE 2 DATE WHEREAS the City Commission of the City of Oakland Park has determined 5 that it is in the best interest of the citizens and residents of the City to amend the Code of Ordinances by specifically amending Article V Supplemental Regulations and correcting a scrivener s errar in Article VIII Landscaping and Fences of the City s 8 Land Development Code Chapter 2 of the Oakland Park Code of Ordinances and 9 10 WHEREAS the City Commission of the City of Oakland Park Florida has 11 found that an amendment to the City s Land Development Code Chapter 2 related to 12 new and revised Economic Development Standards is necessary to promote the health 13 safety and general welfare of the citizens of the City of Oakland Park Florida and 1 15 WHEREAS said ordinance was heard and considered before the Oakland 1 Park Planning and Zoning Board and the City Commission of the City of Oakland 1 Park Florida and at the said public hearings all objections if any were heard 1 19 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION 20 OF THE CITY OF OAKLAND PARK FLORIDA THAT SECTION 1 The foregoing Whereas clauses are hereby ratified and 23 confirmed as being true and correct and are hereby made a part of this Ordinance 2 25 SECTION 2 That Chapter 2 Land development Code Article V 2 Supplemental Regulations is hereby amended to create Section entitled 2 Rooftop Photovoltaic Solar Systems of the Code of Ordinances to provide for 28 Rooftop Photovoltaic Solar Systems as a permitted accessory use and strl cture 29 which shall read as follows Sec Rooftop photovoltaic solar systems Intent The provisions contained herein are intended to promote the health 3 safetv and eneral welfare of the citizens b removing barriers to t11e 35 installation of alternative ener ystems and encourage the installation of 3 rooftop photovoltaic solar systems jpursuant to the U S Department of Ener y 3 Rooftop Solar Challen e Agreement Number DE EE Go SOLAR 38 Broward Rooftop Solar Challenge on buildin s and structures within 39 municipal limits The provisions and exceptions contained herein are limited to 0 web based applications for re approved rooftop photovoltaic solar s stem 2

3 1 installations that utilize the Go SOLAR Broward Rooftop Solar Challen e 2 permitting process l Definitions For purposes of this section the followin terms shall have the 5 meaningprescribed herein 1 Roof Line The top edge of the roof which forms the top line of the 8 building silhouette or for flat roofs with or without a parapet the 10 9 top of the roof 11 2 Roo photovoltuic solar system p A system which uses one 1 or 12 more photovoltaic anels installed on the surface of a roof parallel 13 to a sloped roof or surface or rack mounted on a flat roof to 1 convert sunli ht into electricitv 15 1 Permitted accessor ui ment Rooftop photovoltaic solar svstems shall be 1 deemed ermitted accessor equipment to residential and commercial 18 conformin and nonconforming buildi s and structures in all zonin 19 categories Nothin contained in this cha ter including desi n standards or 20 Quidelines included or referenced herein shall be deemed to prohibit the 21 installation of rooftop photovoltaic solar systems as accessorv equipment to 22 conformin and nonconformin buildin s includin buildin s containin 23 nonconforming uses 2 25 Height In order to be deemed ermitted accessory equipment the hei ht of 2 photovoltaic solar rooftop stems shall not exceed the Roof Line as defined 2 herein For flat roofs with or without a arapet in order to be deemed accessory photovoltaic solar system shall not be reater than five 28 e c uipment the rooftop 29 5 feet above the roof Permits Prior to the issuance of a permit the property 32 acknowledge as art of the permit application that 33 owner s must 3 if the propertv is located in a homeowners association condominium 35 association or otherwise subject to restrictive covenants the propertv mav be 3 subject to additional regulations or reyuirements despite the issuance of a 3 permit bv the Citv and

1 b the issuing of said permit for a rooftop photovoltaic solar system does not 2 create in the property owner s its his her or their successars and assi n s in 3 title or create in the property

4 1 b the issuing of said permit for a rooftop photovoltaic solar system does not 2 create in the property owner s its his her or their successars and assi n s in 3 title or create in the property itself a ri ht to remain free of shadows and or obstructions to solar ener y caused bv develo ment adjoining or other property 5 or the rowth of any trees or vegetation on such property or the ri ht to prohibit the development on rowth of any trees or ve etation on another property 8 Tree Maintenance and removal To the extent that the City has discretion 9 re ardinp the removal or relocation of trees solar access shall be a factor taken 10 into consideration when determinin whether and where trees mav be removed 11 or relocated Maintenunce The rooftop photovoltaic solar system shall be properly 1 maintained and be kept free from hazards includin but not limited to faulty 15 wiring loose fastenings bein in an unsafe condition or detrimental to public 1 health safety or general welfare 1 18 SECTION 3 That Chapter 2 Land development Code Article V 19 Supplemental Regulations Section 2 entitled Setback encroachment policy of 20 the Code of Ordinances is hereby amended as follows Sec 2 Setback encroachment policy 23 2 In all districts projections of window sills belt courses cornices eyebrows eaves 25 hurricane shutters awnings ar other architectural ornamental features may encroach up 2 to one third 1 3 into a required setback but not in excess of thirty six 3 inches 2 28 s ue e SECTION That Chapter 2 Land development Code Article V 31 Supplemental Regulations Section 2 9 entitled Supplemental regulations that are 32 only applicable to the R 1 A R 1 B R 1 C RD 10 and RM 5 Annexed Area Residential 33 Dwelling Districts of the Code of Ordinances is hereby amended as follows 3 35 Sec 2 9 Supplemental regulations that are only applicable to the R la R 1B 3 R 1C RD 10 and RM 5 Annexed Area Residential Dwelling Districts 3

5 1 A Purpose The supplemental regulations contained herein are only applicable to the 2 areas that were annexed into the City of Oakland Park from Unincorporated Broward 3 County in Yard encroachments All required yards shall be open and unobstructed from ground to sky except as follows or as otherwise permitted in this article for zero lot line developments 8 9 c An unenclosed and unroofed patio or deck not higher than the first 10 floor level of the principal building may be located in any required yard 11 which is not contiguous to a street to within five 5 feet of a plot line A 12 ground level slab or patio may be located within 15 feet of a front plot 13 line Walkways not exceed five 5 feet in width may be installed 1 on interior side vards and on sides contiguous to a street 1 rovided the walkway is a acent to the dwellin g 20 a a o 21 e The distance between any principal and accessory buildings on the 22 same plot where the accessory building is higher than one story shall 23 be half the height of the highest principal building 2 25 SECTION 5 That Chapter 2 Land Development Code Article V 2 Supplemental Regulations Section entitled Property maintenance outdoor 2 storage and junk or abandoned property of the Code of Ordinances is hereby amended 28 as follows Sec Property maintenance outdoor storage and junk or abandoned 31 property D Outdoor storage in residentiul districts a a h a 5 r o

6 1 2 3 a i io o a i o r a l l a l Ftl The only items that may be stored by the resident of the subiect property in the open air ar in a trailer in a residential zoning district are 8 a Usable lawn arden or pool furniture or equipment barbecues toys 9 recreational sports equipment bicycles solid waste carts recyclin 10 containers or trash cans ll 12 b Permitted locations of solid waste carts recycling containers or trash 13 cans that are visible from a street on days when service is not bein 1 provided are 15 1 i Behind the fa ade that is farthest away from the street 1 18 ii On a corner property thev may not be stored on the side that 19 faces a street iii Carports SECTION That Chapter 2 Land development Code Article VIII 2 Landscaping 25 Code of Ordinances is hereby amended as follows 2 and Fences Section 2 10 entitled Fences walls and hedges of the 2 Sec 2 10 Fences walls and hedges C Nonresidential p operties Abutting residentiul 32 c Location of l ndscape strip The ten 10 foot landscape strip 33 required in subsection C a shall be located between the 3 wall and the property line 35 3 SECTION If any section subsection sentence clause or provision of this Ordinance is held invalid the remainder of this Ordinance shall not be affected by such 38 invalidity 39 v b ao a nj

7 1 SECTION 8 That all Ordinances or parts of Ordinances and all resolutions or 2 parts of Resolutions in conflict with this Ordinance are repealed to the extent of such 3 conflict 5 SECTION 9 It is the intention of the City Commission of the City of Oakland Park that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Oakland Park Florida and that the Sections of this ordinance 8 may be renumbered re lettered and the word Ordinance may be changed to Section 9 Article or such other word or phrase in order to accomplish such intention SECTION 10 This Ordinance shall be effective upon its passage and 12 adoption by the City Commission of the City of Oakland Park 13 1 PASSED BY THE CITY COMMISSION OF THE CITY OF OAKLAND PARK 15 FLORIDA ON FIRST READING THIS 18t 1 DAY OF JULY J ADORNATO YES 1 g S MCCARTNEY YES 19 J SHANK YES 20 S BOISVENUE YES 21 A SALLEE YES 22 23

8 1 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF 2 OAKLAND PARK FLORIDA ON SECOND READING THIS 3 DAY OF 3 OCTOBER 2012 CITY OF OAKLAND PARK FLORIDA MAYOR A NE E SALLEE J ADORNATO YES 13 S MCCARTNEY YES 1 J SHANK YES 15 S BOISVENUE YES 1 A SALLEE YES 1 18 ATT 19 ZO 21 M SHROUT CMC 22 CITY CLERK 23 2 LEGAL NO E 25 2 Approve form dinan e DO A D DO DY C A TORNEY I 8

BE IT ORDAINED BY THE JURISDICTION OF,

BE IT ORDAINED BY THE JURISDICTION OF, FLORIDA: ORDINANCE NO. 0- AN ORDINANCE OF THE JURISDICTION OF, FLORIDA, PERTAINING TO THE ZONING CODE; AMENDING CHAPTER, ZONING CODE, TO CREATE A SECTION ENTITLED ROOFTOP PHOTOVOLTAIC SOLAR SYSTEMS, PROVIDING