(A) Intent. The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens 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 buildings and structures within municipal limits. The provisions and exceptions contained herein are limited to web-based applications for pre-approved rooftop photovoltaic solar system installations that utilize the Go SOLAR-Broward Rooftop Solar Challenge permitting process.
(B) Definitions. For purposes of this section, the following terms shall have the meaning prescribed herein:
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.
ROOFTOP PHOTOVOLTAIC SOLAR SYSTEM. A system which uses one 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.
(C) Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed permitted accessory equipment to residential and commercial, conforming and nonconforming, buildings and structures in all zoning districts except for historic structures and structures within the city's Historic Districts. In the event that the Go Solar Program expands to permit historic structures and structures within the city's Historic District to participate in the program, said Go Solar applications for the historic structures and structures within the city's Historic District shall be first reviewed by the city's Historic Preservation Board and/or Joint Historic and Planning Development Board and the applicant shall not be required to remit an application fee for the Board's review. Nothing contained in this section including design standards or guidelines included or referenced herein or those design standards or guidelines referenced in the City's Zoning and Land Development Regulations, 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. In the event that the Go Solar Program is modified to allow for non-rooftop installations, such installations shall not be permitted for properties located within the City of Hollywood.
(D) Height. In order to be deemed permitted accessory equipment the height of rooftop photovoltaic solar systems shall not exceed the roof line, as defined herein. For flat roofs with or without a parapet, in order to be deemed accessory equipment, the rooftop photovoltaic solar system shall not be greater than five feet above the roof.
(E) Permits. Prior to the issuance of a permit the property owner(s) must acknowledge, as part of the permit application, that:
(1) If the property is located in a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the city; and
(2) The issuing of said permit 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 and/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 right to prohibit the development on or growth of any trees or vegetation on another property.
(F) 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 when determining whether and where trees may be removed or relocated consistent with Chapter 106 of the City's Code of Ordinances.
(G) Maintenance. The rooftop photovoltaic solar system 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.
(Ord. O-2014-09, passed 6-18-14)