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2012-11 ORDINANCE NO. 2012-11 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-238 "ACCESSORY USES" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD STANDARDS FOR INSTALLATION OF RENEWABLE ENERGY DEVICES AS AN ACCESSORY USE IN ALL ZONING DISTRICTS IN THE CITY; PROVIDING FOR WAIVER PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission places a strong emphasis on and desires to foster a sustainable and healthy environment for its residents and has adopted and promotes a "Go Green" Program and Green Building incentives; and WHEREAS, in furtherance of that emphasis and desire, the City Commission wishes to amend the City's Land Development Regulations to add standards for installation of renewable energy devices as an accessory use in all zoning districts and to provide for waivers to such standards if necessary to permit the operation of the device; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Section 31-238 "Accessory Uses" of the Land Development Regulations is hereby amended as follows': 1 Underlined provisions constitute proposed additions to existing text; text without underline or strike- through constitute existing text. Ordinance No. 2012-11 Page 2 "Sec. 31-238. Accessory Uses. (a) General. No accessory uses shall be permitted in a required yard or bufferyard area, except as set forth below. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the district in which the principal use is located and in no event shall an accessory use be established prior to the principal use to which it is accessory. No permanent structures shall be permitted in utility easements without the written prior approval of the appropriate utilities, and the concurrence of the City. "(o) Renewable Energy Devices Non-commercial renewable energy devices, including solar collector panels, wind turbines, clotheslines and other energy devices using renewable resources, shall be permitted as an accessory use in all zoning districts, provided that; (i) the device installation complies with all site development standards of this subsection, complies with the applicable zoning district and complies with the landscape standards of these LDRs and provided that; (ii) excepting solar collector panels, the number and size of renewable energy devices installed on a property shall not exceed the total number of kilowatts needed to generate the amount of energy required to serve the established uses located on the property upon which the renewable energy devices are installed; (iii) any sell-back of energy shall be made only as authorized by law and further provided that; (iv) the following conditions are met: (1) The device installation shall not create a nuisance as determined by the City Manager or his designee; (2) The device installation shall not interfere with any existing broadcast, transmission or reception antenna, including, but not limited to the City's emergency communication system; (3) The device or devices shall be installed in a manner to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard; (4) The device or devices shall not be mounted on or supported by building walls unless approved by the City Manager or his designee; (5) No signage, advertising, pennants, ribbons, balloons, flags, banners or similar material shall be placed on any renewable energy device; (6) The device installation shall not be placed on patio or balcony railings in condominiums, cooperatives or apartments; (7) The device installation shall comply with all applicable building, fire and life safety codes and regulations, as evidenced by obtaining all necessary permits prior to installation; (8) Wind turbines shall not exceed a height of 18 feet above the main roofline or the manufacturer's recommended height for the particular model to be installed, whichever is lower; Ordinance No. 2012-11 Page 3 (9) Roof-mounted wind turbines and other related rooftop equipment and structures shall not occupy more than 5% of the roof area; (10)Wind turbines shall be painted a non-reflective, non-obtrusive color that conforms to the environment and architecture of the community; (11)Solar collector panels shall not project above the ridge of a sloped roof and shall not project more than 5 feet above the finished slope of the roof surface or more than 5 feet above the deck or parapet of a flat roof. No part of the device shall extend beyond the edge of the roof. All mounting hardware, electrical and other connections required for operation of the panels shall be screened from view; (12)No lighting of a renewable energy device is permitted, except as required by Federal Aviation Administration or other agency having iurisdiction; (13)Ground installations shall comply with the site development criteria of the applicable zoning district; (14)Any renewable energy device found to be unsafe by the Building Official shall be repaired by the property owner to meet all federal, state and local safety standards or shall be removed within 30 days of such determination of the Building Official; (15)If any renewable energy device is not operational for a period of 12 consecutive months or more, the device shall be removed by the property owner within 30 days of the date of written notice by the City to remove such device. (16)Waivers. A waiver to provide relief from the requirements of this subsection, or any other applicable development standards of the LDRs of Chapter 31 of this Code, may be granted in those cases where strict application of such requirements would have the effect of prohibiting the operation and functionality of a renewable energy device. It is acknowledged that emerging technologies in renewable energy devices may also require and justify a waiver of provisions of this subsection. (i) An application for a waiver under this subsection shall be filed by the owner of the property upon which the waiver is requested, or their designated representative. The application shall be on a form provided by the City. (ii) Waivers from this section or other applicable LDRs of Chapter 31 of this Code, may be granted by the City Manaqer or his designee only when competent and substantial evidence demonstrates that the particular waiver or waivers requested are necessary for the operation and functionality of the particular renewable energy device to serve the energy needs of the uses and structures located on the subject property. (iii) Appeals from a decision of the City Manager or his designee pursuant to this subsection shall be made in accordance with Section 31-83 of the Code." Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity Ordinance No. 2012-11 Page 4 of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Michael Stern yes Commissioner Billy Joel yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb no The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on second reading. This motion was seconded Commissioner Diamond, and upon being put to a vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Michael Stern no Commissioner Billy Joel yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg absent Mayor Susan Gottlieb no Ordinance No. 2012- 1l Page 5 PASSED on first reading this 10th day of July, 2012. PASSED AND ADOPTED on second reading this 4th day of September, 21 IrAi • SU' A N GOTTLIEB, MAY•R A :ST: it A, L cc,— o RES'4.O'OKA, MMC •ITY CL APPROVED AS O LEGA SUFFICIENCY: I t.A4 CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this 5th day of September, 2&42.