22a-revised ordinance
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ORDINANCE NO. 1
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An ordinance amending the Land Development Code, Article II, Section 20-3
2.3, “Definitions” and Article III, Section 20-3.6 “Supplemental Regulations” 4
adding subsection (W) “Solar Requirements” and providing definitions 5
relating to and criteria and regulations for solar collectors in the City of South 6
Miami 7
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WHEREAS, the South Miami City Commission expressly declares that the following 9
amendments to the South Miami Land Development Code are reasonable and necessary because 10
of local climatic, topological, and geological conditions as listed below; and 11
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WHEREAS, as a coastal city located on the tip of a peninsula, the Miami region is 13
vulnerable to sea level rise, and human activities releasing greenhouse gases into the atmosphere 14
increases in worldwide average temperature, which contribute to melting of glaciers, thermal 15
expansion of ocean water, and shifting or slowing of the Gulf Stream, all resulting in rising sea 16
levels; and 17
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WHEREAS, South Florida is already experiencing the repercussions of excessive CO2 19
emissions as rising sea levels threaten shorelines and infrastructure, have caused significant 20
erosion, increased impacts to infrastructure during extreme tides, and have caused the City to 21
expend funds to modify the sewer system; and 22
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WHEREAS, some people in South Miami, such as the elderly, may be particularly 24
vulnerable to higher temperatures resulting from climate changes; and 25
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WHEREAS, installing solar will help South Miami meet its goals under Res. No. 23-09-27
12832, dated February 9, 2009, stating: “The City of South Miami commits to a Carbon Neutral 28
Initiative to lead the community by example and to implement policies to eliminate net emission 29
of carbon dioxide and other greenhouse gases by the end of 2030”; and 30
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WHEREAS, distributed power, such as rooftop solar, can serve as generator systems for 32
the purposes of hurricane preparedness and thus comports with Sec. 252.371 Fla. Stat., the 33
Emergency Management, Preparedness, and Assistance Trust Fund; and 34
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WHEREAS, distributed photovoltaic generation provides a basis for a future microgrids, 36
making the city more resilient as a whole, benefiting the health, welfare, and resiliency of South 37
Miami and its residents; and 38
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WHEREAS, the 2008 Florida legislature enacted Section 163.04, Fla. Stat., with the 40
legislative intent of protecting the public health, safety, and welfare by encouraging the 41
development and use of renewable resources; and 42
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WHEREAS, Section 163.08 (1)(a), Fla. Stat., found that chapter 2008-227, Laws of 44
Florida, amended the energy goal of the state comprehensive plan to provide, in part, that the 45
state shall reduce its energy requirements and reduce atmospheric carbon dioxide by 46
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promoting an increased use of renewable energy resources. That chapter also declared it the 1
public policy of the state to play a leading role in developing and instituting energy management 2
programs that promote energy conservation, energy security, and the reduction of greenhouse 3
gases. In chapter 2008-191, Laws of Florida, the Legislature adopted new energy conservation 4
and greenhouse gas reduction comprehensive planning requirements for local governments. In 5
the 2008 general election, the voters of this state approved a constitutional amendment 6
authorizing the Legislature, by general law, to prohibit the increase of assessed value of 7
residential real property due to change or improvement made for the purpose of improving a 8
property’s resistance to wind damage or the installation of a renewable energy source device; and 9
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WHEREAS, Section 163.08 (1)(b), Fla. Stat., found that the installation and operation of 11
improvements not only benefitted the affected properties for which the improvements were 12
made, but also assisted the state in fulfilling the goals of the state’s energy mitigation policies 13
and “Qualifying improvement” includes any energy conservation and efficiency improvement, 14
which is a measure to reduce consumption through conservation of electricity and the installation 15
of any system in which the electrical or thermal energy is produced from a method that uses solar 16
energy; and 17
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WHEREAS, requiring solar photovoltaics at the time of new construction is more cost-19
effective than installing the equipment after construction because workers are already on-site, 20
permitting and administrative costs are lower, and it is more cost-effective to include such 21
systems in existing construction financing; and 22
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WHEREAS, it is reasonably necessary to require builders to take steps to reduce the 24
energy consumed by inefficient building operations and produce renewable, low-carbon 25
electricity, or capture solar energy, in order to reduce pollution, benefit biodiversity, improve 26
resilience to climate change by reducing localized heat islands, and reduce the global warming 27
effects of energy consumption; and 28
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WHEREAS, the payback period for photovoltaic solar systems is in the range of one 30
quarter to one half the life expectancy of the photovoltaic panels, meaning the homeowner 31
receives a 50-75% decrease in the overall cost of power; and 32
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WHEREAS, the cost of rooftop solar power continues to fall, while the cost of utility 34
power in South Florida continues to rise, guaranteeing an increasing economic benefit to the 35
home owner and increasing the value of the property; and 36
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WHEREAS, the Solar Energy Center at the University of Central Florida has shown 38
that, at today’s electricity and solar PV prices and historic inflation rates over the past 20 years, 39
the Internal Rate of Return (IRR) on rooftop photovoltaic systems runs between 9 and 14%, an 40
extraordinary tax-free fixed rate investment return to a property owner; and 41
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WHEREAS, even if the property is sold before the value is recovered through discounted 43
electricity use, the solar collector will add to the value of the property as shown by a recent study 44
from the Lawrence Berkeley National Laboratory finding that home buyers consistently have 45
been willing to pay more for a property with PV across a variety of states, housing and PV 46
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markets, and home types, stating: “Average market premiums across the full sample of homes 1
analyzed here are about $4/W or $15,000 for an average-sized 3.6-kW PV system (Figure 6).” 2
See “Selling into the Sun: Premium Analysis of a Multi-State Dataset of Solar Homes” prepared 3
for the Office of Energy Efficiency and Renewable Energy Solar Energy Technologies Office 4
U.S. Department of Energy, January 13, 2015. http://newscenter.lbl.gov/?s=selling. 5
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WHEREAS, the Planning board has or will have reviewed this ordinance before it is 7
enacted; and 8
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WHEREAS, the Mayor and City Commission desire to amend Section 20-4.7 to clarify 10
its applicability and to provide for screening of vacant commercial properties. 11
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 13
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 14
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Section 1
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. South Miami Land Development Code Article II, “Definitions” is hereby 16
amended to read as follows: 17
20-2.3 Definitions. 19
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Living Area. Shall mean gross floor area. 21
Nameplate capacity. Also known as the rated capacity, nominal capacity, installed capacity, or 22
maximum effect, nameplate capacity shall mean the intended full-load sustained output of a 23
facility such as a photovoltaic system. 24
Photovoltaic System (PV). Shall mean a type of solar collector that uses photovoltaic cells to 25
directly convert sunlight into electricity. 26
Potential Solar Zone. Shall mean the total area of any roofs sloped 30 degrees (7/12 rise-to-run) 27
or less where the annual Solar Ratio is 70 percent or greater, and the area of any steeper-sloped 28
roofs oriented within 80 degrees of true north where the annual Solar Ratio is 84 percent or 29
greater. 30
Solar Collectors. Shall mean any photovoltaic or solar-thermal collectors or any combination 31
thereof. 32
Solar Insolation. Shall mean the measure of solar radiation energy received on a given surface 33
area in a given time. It is commonly expressed as average irradiance in watts per square meter 34
(W/m2) or kilowatt-hours per square meter per day (kW). 35
Solar Ratio. Shall mean the ratio of solar insolation (including shade) to the solar insolation 36
without shade for a yearly average of at least 6 hours a day as determined in Figure 20-2.3.W.1 37
or the equivalent. Shading from obstructions located on the roof or any other part of the building 38
shall not be included in the determination of annual Solar Ratio, since construction shall be 39
designed to avoid shading of the Potential Solar Zone. 40
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Figure
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20-2.3.W.1 Approximate sun elevations (altitude angles) and sun 2
directions (azimuth angles) across the day at different times of year in Miami to be 3
used for determining areas of the roof insolated for at least 6 hours a day should 4
area reductions from shading be sought. From: McCluney, R. (1985) Sun 5
Positions in Florida. FSEC DN-4-83, Florida Solar Energy Center, University of 6
Central Florida. 7
Solar Thermal Collectors. Shall mean either, low-, medium-, or high-temperature collectors. 9
Low temperature collectors are flat plates generally used to heat swimming pools. Medium-10
temperature collectors are also usually flat plates but are used for creating hot water for 11
residential and commercial use. High temperature collectors concentrate sunlight using mirrors 12
or lenses and are generally used for electric power production. Hybrid photovoltaic-thermal 13
systems are also included. 14
Photovoltaic Thermal Collectors. Shall mean photovoltaic, thermal hybrid solar collectors, 15
sometimes known as hybrid PV/T systems or PVT, which are systems that convert solar 16
radiation into thermal and electrical energy. 17
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Solar Zone. Shall mean space on a roof that is unshaded, un-penetrated, and free of obstructions 1
serving as a suitable place for the installation of solar panels. For single-family residences and 2
townhouses, the solar zone shall be located on the roof or suitable overhang of the building. For 3
qualifying multi-family buildings, the solar zone can be located on any of the following 4
locations: roof of building, overhang of building, roof and/or overhang of another structure 5
located on the same property within 250 feet of the primary building, covered parking installed 6
with the building, other structures including trellises, arbors, patio covers, carports, gazebos, and 7
similar accessory structures as may be sufficiently strong to support a solar array. 8
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Section 2. South Miami Land Development Code Article III, “Zoning Regulations”, Section 20-10
3.6, “Supplemental Regulations” is hereby amended to read as follows: 11
(W) Solar Requirements 13
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(1) Applicability. All new construction of single-family residences, townhouses, and any 14
multi-story residential building where a section of roof can be reasonably allocated, as 15
determined by the Director of the Building Department or the Planning and Zoning Department, 16
to a separately metered dwelling unit (hereinafter referred to as “qualifying multi-story 17
residential building”), that apply for either preliminary or final approval by the Environmental 18
Review and Preservation Board on or after [insert date] shall install solar photovoltaic systems 19
and/or solar thermal systems or a combination of both in the solar zone or another space of 20
equivalent capacity. Additions and alterations of existing buildings are exempt from this 21
requirement if they leave at least 50% of the square footage of the existing sub-roof and outside 22
walls intact. 23
(2) Minimum required installation. The area to be occupied by solar collectors shall be no 25
less than the minimum of: 26
i. the Solar Zone area (calculated in subparagraph 4 below); or 27
ii. 2.75 kW of nameplate photovoltaic capacity per 1,000 square feet of living area; 28
or 29
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iii. 175 square feet of solar collector panel per 1,000 square feet of roof area. 30
(3) Minimum specifications for solar collectors. 32
i. Solar photovoltaic systems: The total nameplate capacity of photovoltaic 33
collectors shall be at least ten (10) watts DC per square foot of roof area allocated to the 34
photovoltaic collectors. 35
ii. Solar thermal systems: Single-family residential solar domestic water heating 36
systems shall be OG-300 System Certified by either the Solar Rating and Certification 37
Corporation (SRCC) or the International Association of Plumbing and Mechanical Officials 38
(IAPMO). 39
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iii. Solar photovoltaic systems and solar thermal systems shall be installed in accord 40
with all applicable State code requirements, including access, pathway, smoke ventilation, and 41
spacing requirements, all applicable local code requirements, and manufacturer’s specifications. 42
(4) Calculation of Solar Zone Area size. The minimum solar zone area shall be calculated 44
using one of the following methods: 45
i. Method 1. Minimum Solar Zone Area Based on Total Roof Area 46
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This Method should be used if shading is not significant, for instance if trees 1
(existing and planned) and adjacent buildings do not shade the roof. The solar zone area shall be 2
no less than fifteen (15) percent of the total roof area after subtracting the area of any skylights 3
chimneys and other similar structures located on the roof. The solar zone may be composed of 4
multiple sub-areas; however, no dimension of a sub-area can be less than five (5) feet in length. 5
If the total roof area is equal to or less than 10,000 square feet, each sub-area must be at least 6
eighty (80) square feet in area (or of sufficient size to accommodate at least four (4) regular sized 7
PV panels). If the total roof area is greater than 10,000 square feet, each sub-area must be at 8
least one-hundred sixty (160) square feet (or of sufficient size to accommodate at least eight (8) 9
regular sized PV panels). 10
ii. Method 2: Minimum Solar Zone Area Based on Potential Solar Zone 11
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If the building site has significant shading, either from trees or from built objects 12
that are not located on the roof or any other part of the same building, the Potential Solar Zone 13
shall be used as the Solar Zone subject to certain reductions. If the potential solar zone is smaller 14
than 250 square feet or smaller than 15% of the roof area of the building excluding any skylights, 15
chimneys and other similar structures, then the solar zone can be reduced to half the area of the 16
potential solar zone. If the roof is shaded such that there is no potential solar zone area, then no 17
solar zone is required. 18
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(5) Safety Access. In calculating the solar zone, a walkway three (3) feet in width shall be 20
left vacant on each side of each collector array segment (except the lower edge) for foot access 21
by emergency responders. The solar zone shall comply with access, pathway, smoke ventilation, 22
and other requirements as specified in the Florida Building Code or local code. 23
(6) Avoiding the Creation of Shade. The solar zone shall be free from roof penetrations and 25
shall not have any obstructions such as vents, chimneys, architectural features, or roof mounted 26
equipment located in the solar zone. This requirement ensures that the solar zone remains clear 27
and open for the future installation of a solar-energy system. Obstructions located on the roof or 28
any other part of the building that projects above the solar zone shall be located at a sufficient 29
horizontal distance away from the solar zone in order to reduce the resulting shading of the solar 30
zone. For any obstruction where the arc of the sun during the middle six (6) hours of the day 31
could cast a shadow on the solar zone, the horizontal distance (“D”) from the obstruction to the 32
solar zone shall be at least twice the height difference (“H”) between the highest point of the 33
obstruction and the horizontal projection of the nearest point of the solar zone (Figure 20-34
2.3.W.2). Obstructions which are not located on the roof or another part of the building, such as 35
landscaping or a neighboring building are not subject to these placement requirements.
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Figure
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20-2.3.W.2 Structures protruding from the roof that would otherwise 3
shade the solar zone should be offset laterally by twice their height. 4
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(7) Alternative to installing PV. As an alternative to installing all or part of the PV capacity 6
required in this section, for each square foot of PV required but not installed, a payment may be 7
made into the City’s Solar Trust Fund at a rate of $39 per square foot of PV, or as amended in 8
the City’s Schedule of Fees and Fines. 9
(8) Solar Trust Fund 11
(i) There is hereby created a Solar Trust Fund, the purpose of which is to fund 12
installation solar power and solar water heating facilities on City property. 13
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(ii) Disbursement from Solar Trust Fund. Monies obtained for the Solar Trust Fund 14
shall be distributed for the installation and maintenance of photovoltaic power and solar 15
water heating on City-owned buildings and properties. 16
(iii) Sources of monies for the Solar Trust Fund. Said fund shall consist of 18
contributions in lieu of, or in conjunction with, required solar installations required under 19
this ordinance. 20
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Section 3. Codification. The provisions of this ordinance shall become and be made 22
part of the Land Development Code of the City of South Miami as amended. 23
Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance 24
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this 25
holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines 26
adopted hereunder. 27
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all 28
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 29
Section 6. Effective Date. This ordinance shall become effective upon enactment. 30
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PASSED AND ENACTED this ____ day of _____________, 2017. 1
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ATTEST: APPROVED: 3
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________________________ ________________________ 5
CITY CLERK MAYOR 6
1st Reading 7
2nd Reading 8
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 10
LANGUAGE, LEGALITY AND Mayor Stoddard: 11
EXECUTION THEREOF Vice Mayor Welsh: 12
Commissioner Edmond: 13
Commissioner Harris: 14
________________________ Commissioner Liebman: 15
CITY ATTORNEY 16
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