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Town of Ocean Ridge |
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ORDINANCE NO. 568
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 34, SECTION 34-91, AIR CONDITIONING OR AIR HANDLING EQUIPMENT, BY ADDING NEW PROVISIONS RELATING TO NOISE ABATEMENT AND CONTROL FOR PERMANENT GENERATORS; AMENDING CHAPTER 64, SECTION 64-50, LOCATION OF EXTERIOR RESIDENTIAL EQUIPMENT AND ACCESSORIES, BY INCLUDING A NEW SECTION 64-50(c) RELATING TO LOCATION OF PERMANENT GENERATORS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government, perform municipal functions and render municipal services; and,
WHEREAS, Chapter 166, Florida Statutes, the “Municipal Home Rule Powers Act,” implements the applicable provisions of the Florida Constitution and authorizes municipalities to exercise any power for municipal purposes, except when expressly prohibited by law and to enact ordinances in furtherance thereof; and
WHEREAS, Chapter 163, Florida Statutes, authorizes local governments to adopt land development regulations and to enact ordinances in furtherance thereof; and
WHEREAS, the Planning and Zoning Board of the Town of Ocean Ridge has recommended amending Section 1-3; Section 34-91; and Section 64-50 to clarify and establish where and how permanent generators can be located and operated within the Town; and
WHEREAS, the Town Commission desires to adopt a new section to the Town’s Land Development Regulations; and
WHEREAS, the Town Commission has determined that the enactment of this Ordinance is for a proper municipal purpose and protects the public health, safety and welfare,
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AS FOLLOWS: Section 1. Findings of Fact. The WHEREAS clauses set forth above are adopted herein as findings of fact.
Section 2. Amendment. Section 34-91 of the Code of Ordinances, Town of Ocean Ridge is hereby amended as follows:
Section 34-91. Air conditioning or air handling equipment; Generators.
(a) It is unlawful for any person to operate or permit the operation of any air conditioning or air handling equipment in such a manner as to exceed any of the following sound levels for more than 50 percent of any measurement period at least ten minutes in duration:
Measurement Location dBA (8:00am to 10:00pm) (10:00pm to 8:00am)
Any point on neighboring property line 60 55
Center of neighboring patio 55 50
Outside the neighboring living area Window nearest the equipment 55 50
(b) It is unlawful for any person to operate or permit the operation of any permanent generator in such a manner as to exceed any of the following sound levels for more than 50 percent of any measurement period at least ten minutes in duration:
Measurement Location dBA dBA (8:00am to 10:00pm) (10:00pm to 8:00am)
Property line at a point closest to the location of the permanent generator 64 58
Section 3. Amendment. Section 64-50 of the Code of Ordinances, Town of Ocean Ridge is hereby amended as follows:
Section 64-50. Location of exterior residential equipment and accessories.
(c) Permanent generators shall not be placed in the required front, street side or street rear yard setbacks. Permanent generators shall meet or exceed the setbacks required for accessory structures as set forth in the Town’s Land Development Code. In cases where the accessory setback cannot be reasonably achieved, one permanent generator shall be allowed in a required side or rear yard provided it is set back a minimum of five feet (5’) from the property line. Additionally, permanent generators shall be placed a minimum of five feet (5’) from all windows and doors, and from any neighboring houses. The following criteria will apply to the location of all permanent generators:
1. These distances are to be measured from the actual generator and exclude the generator’s enclosure.
2. Permanent generators are to be installed in a fashion where they are completely screened from the street and abutting neighbors.
3. Screening methods to be employed include, but are not limited to, the use of a concrete wall and a hedge around the perimeter of the permanent generator.
Section 4. Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Ordinance.
Section 5. Repeal. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption.
FIRST READING this ____ day of _______________, 2006.
SECOND AND FINAL READING this _____ day of ______________, 2006.
Commissioner ___________________ offered the foregoing Ordinance and its adoption. The motion was seconded by Commissioner ______________________ and upon being put to a vote, the vote was as follows:
KENNETH M. KALEEL, Mayor GEOFFREY A. PUGH, Vice Mayor DR. LYNN L. ALLISON, Commissioner ELIZABETH P.B. BINGHAM, Commissioner ____________ NANCY L. HOGAN, Commissioner ____________
The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission of the Town of Ocean Ridge, Florida, on second reading, this ____ day of ______________, 2006.
TOWN OF OCEAN RIDGE, FLORIDA
BY:_____________________________ MAYOR
ATTEST:___________________ TOWN CLERK |
