18 - Solar Ordinance v12 w changes from last reading
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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
that increase the worldwide average temperature, contributing to the 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, have increased impacts to infrastructure during extreme tides, and have caused the City 21
to 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 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 promoting 46
Deleted: increases in47
Deleted: which contribute48
Deleted: a49
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an increased use of renewable energy resources. That chapter also declared it the public policy of 1
the state to play a leading role in developing and instituting energy management programs that 2
promote energy conservation, energy security, and the reduction of greenhouse gases. In chapter 3
2008-191, Laws of Florida, the Legislature adopted new energy conservation and greenhouse gas 4
reduction comprehensive planning requirements for local governments. In the 2008 general 5
election, the voters of this state approved a constitutional amendment authorizing the Legislature, 6
by general law, to prohibit the increase of assessed value of residential real property due to 7
change or improvement made for the purpose of improving a property’s resistance to wind 8
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 made, 12
but also assisted the state in fulfilling the goals of the state’s energy mitigation policies and 13
“Qualifying improvement” includes any energy conservation and efficiency improvement, which 14
is a measure to reduce consumption through conservation of electricity and the installation of any 15
system in which the electrical or thermal energy is produced from a method that uses solar energy; 16
and 17
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WHEREAS, section 193.624, Fla. Stat., provides that “… the term “renewable energy 19
source device” means …. (a) Solar energy collectors, photovoltaic modules, and inverters and in 20
subsection (2) it provides that [i]n determining the assessed value of real property used: (a) For 21
residential purposes, an increase in the just value of the property attributable to the installation of 22
a renewable energy source device may not be considered.”; and 23
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WHEREAS, section 212.08 (7) (hh), Fla. Stat., provides that the sale at retail, the rental, 25
the use, the consumption, the distribution, and the storage to be used or consumed in this state of 26
solar energy systems are exempt from the tax imposed by this chapter 212; and 27
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WHEREAS, requiring solar photovoltaics at the time of new construction is more cost-29
effective for the homeowner than installing the equipment after home construction because (i) it is 30
less expensive to reinforce a roof to accommodate the extra forces of a solar array, (ii) solar wiring 31
can be incorporated more efficiently into electrical panels at the time of initial wiring, and, (iii) a 32
solar system can be financed at a lower rate if included in the initial home financing; and 33
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WHEREAS, it is reasonably necessary to require builders to take steps to reduce the 35
energy consumed by inefficient building operations and produce renewable, low-carbon 36
electricity, or capture solar energy, in order to reduce pollution, benefit biodiversity, improve 37
resilience to climate change by reducing localized heat islands, and reduce the global warming 38
effects of energy consumption; and 39
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WHEREAS, a cost-benefit analysis by the U.S. Department of Energy shows that rooftop 41
solar, at today’s costs, provides FPL customers with a Savings-to-Investment Ratio (SIR) of 1.55 42
using the Federal Renewable Energy Tax credit, and a SIR of 1.08 without the tax credit, both 43
figures being greater than 1.0 which indicates a net financial benefit of roof-top solar to the 44
household (www.nrel.gov/solar/assets/docs/sir.xlsx); and 45
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Deleted: workers are already on-site, permitting and 47
administrative costs are lower, and 48
Deleted: cost-effective to include such systems in existing 49
construction50
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WHEREAS, the payback period for photovoltaic solar systems is in the range of one 1
quarter to one half the life expectancy of the photovoltaic panels, meaning the homeowner receives 2
a 50-75% decrease in the overall cost of power; and 3
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WHEREAS, the cost of rooftop solar power continues to fall, while the cost of utility 5
power in South Florida continues to rise, guaranteeing an increasing economic benefit to the home 6
owner and increasing the value of the property; and 7
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WHEREAS, the Solar Energy Center at the University of Central Florida has shown that, 9
at today’s electricity and solar PV prices and historic inflation rates over the past 20 years, the 10
Internal Rate of Return (IRR) on rooftop photovoltaic systems runs between 9% and 14%, an 11
extraordinary tax-free fixed rate investment return to a property owner; and 12
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WHEREAS, the Low-income Solar Policy Guide, produced by the Center for Social 14
Inclusion in 2016 states: “Because low-income families spend a disproportionate amount of their 15
income on utility bills, they receive a proportionally greater economic benefit from solar power”, 16
(Low Income Solar Policy Guide, http://www.lowincomesolar.org); and 17
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WHEREAS, home buyers across a variety of states pay a premium for properties with PV 19
equal to or greater than the cost of the solar system itself, adding $3.58/watt on new homes and 20
$4.51/watt on existing homes (“Selling into the Sun: Premium Analysis of a Multi-State Dataset 21
of Solar Homes” Lawrence Berkeley National Laboratory, prepared for the Office of Energy 22
Efficiency and Renewable Energy Solar Energy Technologies Office U.S. Department of Energy, 23
January 13, 2015 https://emp.lbl.gov/publications/selling-sun-price-premium-analysis-0); and 24
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WHEREAS, in housing markets similar to South Miami’s, PV systems that were owned 26
(not leased) benefitted home builders and owners by increasing market value and decreasing 27
marketing time (The Impact of Photovoltaic Systems on Market Value and Marketability, 28
Colorado Energy Office, https://www.colorado.gov/pacific/energyoffice/atom/35466); and 29
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WHEREAS, this ordinance is modeled after similar ordinances enacted in the 31
municipalities of Lancaster CA, Sebastopol CA, Santa Monica CA, and San Francisco CA, none 32
of which have been reported to reduce the rate of home construction, home-buying, or to cause 33
hardship or difficulties for homeowners or would-be homeowners; and 34
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WHEREAS, rooftop solar installation benefits the local economy by supporting small 36
businesses, creating well-paying jobs, and directing profits to local business owners rather than 37
exporting them to corporate shareholders; and 38
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WHEREAS, on June 13, 2017, the Planning Board reviewed and unanimously approved 40
this ordinance requiring solar energy collectors as part of new construction of certain residential 41
dwellings. 42
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 45
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 46
Deleted: even if 47
Deleted: property is sold before 48
Deleted: value is recovered through discounted electricity use, the 49
solar collector will add to the value50
Deleted: the property as shown by a recent study51
Deleted: the Lawrence Berkeley National Laboratory finding that52
Deleted: consistently have been willing to pay more for a property 53
with PV 54
Deleted: , housing and PV markets, and home types, stating: 55
“Average market premiums across the full sample56
Deleted: homes analyzed here are about $4/W or $15,000 for an 57
average-sized 3.6-kW PV58
Deleted: (Figure 6).” See “59
Deleted: .60
Deleted: .61
Deleted: WHEREAS, the Planning board has or will have 62
reviewed this ordinance before it is enacted; and63 ... [1]
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Section 1. South Miami Land Development Code Article II, “Definitions” is hereby 2
amended to read as follows: 3
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20-2.3 Definitions. 5
* * * 6
Living Area - shall mean gross floor area. 7
Nameplate capacity. Also known as the rated capacity, nominal capacity, installed capacity, or 8
maximum effect, nameplate capacity shall mean the intended full-load sustained output of a 9
facility such as a photovoltaic system. 10
Photovoltaic System (PV) - shall mean a type of solar collector that uses photovoltaic cells to 11
directly convert sunlight into electricity. 12
Photovoltaic Thermal Collectors - shall mean photovoltaic, thermal hybrid solar collectors, 13
sometimes known as hybrid PV/T systems or PVT, which are systems that convert solar radiation 14
into thermal and electrical energy. 15
Solar Collectors - shall mean any photovoltaic or solar-thermal collectors or any combination 16
thereof. 17
Solar Thermal Collectors - shall mean either, low-, medium-, or high-temperature collectors. Low 18
temperature collectors are flat plates generally used to heat swimming pools. Medium-temperature 19
collectors are also usually flat plates but are used for creating hot water for residential and 20
commercial use. High temperature collectors concentrate sunlight using mirrors or lenses and are 21
generally used for electric power production. Hybrid photovoltaic-thermal systems are also 22
included. 23
Solar Zone - shall mean a place available on a roof for the installation of solar collectors that will 24
receive unshaded sunlight at least five (5) hours a day. Exempt are roof sections sloped greater 25
than 30 degrees (7/12 rise-to-run) oriented within 80 degrees of true north. If allowed by the 26
Florida Building Code and notwithstanding any other provision in the City’s Land Development 27
Code, the Solar Zone shall be located on the roof or suitable overhang of the building of single-28
family residences and townhouses and for qualifying multi-family buildings, the Solar Zone can 29
be located on any of the following locations: roof of building, overhang of building, roof and/or 30
overhang of another structure located on the same property within 250 feet of the primary building, 31
covered parking installed with the building, other structures including trellises, arbors, patio 32
covers, carports, gazebos, and similar accessory structures as may be sufficiently strong to support 33
a solar array. 34
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Sunlit Area - shall mean that portion of a roof section receiving at least 5 hours of sunlight on the 36
equinox. 37
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Section 2. South Miami Land Development Code Article III, “Zoning Regulations”, Section 20-39
3.6, “Supplemental Regulations” is hereby amended to read as follows: 40
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Deleted: .42
Deleted: S43
Deleted: .44
Deleted: S45
Deleted: Potential 46
Deleted: Zone. Shall mean the total area of any roofs sloped 30 47
degrees (7/12 rise-to-run) or less where the annual Solar Ratio is 70 48
percent or greater, and the area of any steeper-sloped roofs oriented 49
within 80 degrees of true north where the annual Solar Ratio is 84 50
percent or greater. 51
Solar Insolation. Shall mean the measure of solar radiation energy 52
received on a given surface area in a given time. It is commonly 53
expressed as average irradiance in watts per square meter (W/m2) or 54
kilowatt-hours per square meter per day (kW).55
Photovoltaic Thermal Collectors. Shall mean photovoltaic, thermal 56
hybrid solar collectors, sometimes known as hybrid PV/T systems or 57
PVT, which are systems that convert solar radiation into thermal and 58
electrical energy.59
Deleted: .60
Deleted: S61
Deleted: Solar Insolation. Shall mean the measure 62
of solar radiation energy received on a given surface area in a given 63
time. It is commonly expressed as average irradiance in watts per 64
square meter (W/m2) or kilowatt-hours per square meter per day 65
(kW).66
Photovoltaic Thermal Collectors. Shall mean photovoltaic, thermal 67
hybrid solar collectors, sometimes known as hybrid PV/T systems or 68
PVT, which are systems that convert solar radiation into thermal and 69
electrical energy.70
Deleted: .71
Deleted: S72
Deleted: Photovoltaic Thermal Collectors. Shall mean 73
photovoltaic, thermal hybrid solar collectors, sometimes known as 74
hybrid PV/T systems or PVT, which are systems that convert solar 75
radiation into thermal and electrical energy.76
Deleted: .77
Deleted: S78
Deleted: space79
Deleted: that is unshaded, un-penetrated, and free of obstructions 80
serving as a suitable place 81
Deleted: panels. For single-family residences and townhouses,82
Deleted: solar zone83
Deleted: . For84
Deleted: solar zone85
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(W) Solar Requirements 1
(1) Applicability. All new construction of single-family residences, 2
townhouses, and any multi-story residential building where a section of roof can be reasonably 3
allocated, as determined by the Director of the Building Department or the Planning and Zoning 4
Department, to a separately metered dwelling unit (hereinafter referred to as “qualifying multi-5
story residential building”), that apply for preliminary approval (or final approval if no preliminary 6
approval was obtained) by the Environmental Review and Preservation Board on or after [insert 7
date 2 months from approval] shall design and construct the roof so as to withstand the weight of 8
all product approved roofing material with the weight of solar collectors and shall install at least 9
the minimum amount of solar collectors required in subsection (2) of this section (W). This 10
requirement shall also apply to existing residential buildings as described above, if an alteration or 11
addition is made that either increases the square footage of the principal structure by 75% or 12
greater, or that replaces 75% or more of the existing sub-roof. 13
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(2) Minimum required installation. Solar collectors shall be installed in at least the following 15
amounts, provided a sufficient Solar Zone exists to accommodate them as determined by the 16
certification of an architect or engineer who shall also certify the total size of available Solar Zone 17
in square feet: 18
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i. one panel with a minimum of 2.75 kW nameplate photovoltaic capacity per 1,000 square 20
feet of living area provided there is sufficient space within the available roof top Solar Zone; or 21
ii. 175 square feet of solar collectors per 1,000 square feet of roof area. 22
iii sufficient solar collectors to fill the available Solar Zone, to the extent that such 23
construction is allowed by the Florida Building Code. 24
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(3) Avoiding the Creation of Shade. Structures shall be designed in such a way so as to 26
maximize the available Solar Zone and for structures which have been designed by an architect or 27
engineer, the plans submitted shall include a certificate from the architect or engineer of record 28
certifying that the design of the structure has maximized the available Solar Zone. Obstructions 29
which are not located on the roof or another part of the building, such as landscaping or a 30
neighboring building are not subject to these placement requirements. 31
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(4) Minimum specifications for solar collectors. 33
i. Solar photovoltaic systems: Photovoltaic collectors satisfying the requirements of 34
this section shall be at rated at no less than ten (10) watts DC faceplate capacity per square foot. 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 Corporation 37
(SRCC) or the International Association of Plumbing and Mechanical Officials (IAPMO). 38
iii. Solar photovoltaic systems and solar thermal systems shall be installed in accord 39
with all applicable State code requirements, including access, pathway, smoke ventilation, and 40
spacing requirements, all applicable local code requirements, and manufacturer’s specifications. 41
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(5) Approval and compliance. All solar installations shall be permitted through the City. The 43
plans shall demonstrate that the requirements of the code are satisfied and the engineer or architect 44
of record shall sign and seal the plans indicating compliance. Subsequent review approval shall 45
be carried out through the standard review processes for residential construction. Inspection shall 46
Deleted: solar photovoltaic systems and/or 47
Deleted: thermal systems or a combination of both48
Deleted: the solar zone or another space of equivalent capacity. 49
Additions and alterations of 50
Deleted: are exempt from this requirement 51
Deleted: they leave at least 50% of 52
Deleted: and outside walls intact.53
Deleted: The area to be occupied by solar 54
Deleted: no less than the minimum of:55 ... [2]
Deleted: area (calculated in subparagraph 4 below);57
Moved down [1]: ii.58
Deleted: of 59
Deleted: iii.60
Moved (insertion) [1]
Deleted: collector panel 61
Moved (insertion) [2]
Deleted: 362
Deleted: The total nameplate capacity of photovoltaic63
Deleted: least 64
Deleted: of roof area allocated to the photovoltaic collectors65
Deleted: 66 ... [3]
Deleted: calculated using one68
Deleted: the following methods: 69 ... [4]
Deleted: instance if trees (existing and planned) and adjacent 71
buildings do not shade the roof. The solar zone area72
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be performed by the Building Department as per the City’s permit requirements for solar power or 1
water heating installations. Enforcement of this ordinance shall be carried out by the Code 2
Enforcement Division. 3
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Section 3. Codification. The provisions of this ordinance shall become and be made 6
part of the Land Development Code of the City of South Miami as amended. 7
Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is 8
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 9
shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted 10
hereunder. 11
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all 12
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 13
Section 6. Effective Date. This ordinance shall become effective upon enactment. 14
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PASSED AND ENACTED this ____ day of _____________, 2017. 16
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ATTEST: APPROVED: 18
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________________________ ________________________ 20
CITY CLERK MAYOR 21
1st Reading 22
2nd Reading 23
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 25
LANGUAGE, LEGALITY AND Mayor Stoddard: 26
EXECUTION THEREOF Vice Mayor Welsh: 27
Commissioner Edmond: 28
Commissioner Harris: 29
________________________ Commissioner Liebman: 30
CITY ATTORNEY 31
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Deleted: no less than fifteen (15) percent of the total roof area 37
after subtracting the area of any skylights chimneys and other similar 38
structures located on the roof. The solar zone may be composed of 39
multiple sub-areas; however, no dimension of a sub-area can be less 40
than five (5) feet in length. If the total roof area is equal to or less 41
than 10,000 square feet, each sub-area must be at least eighty (80) 42
square feet in area (or of sufficient size to accommodate at least four 43
(4) regular sized PV panels). If the total roof area is greater than 44
10,000 square feet, each sub-area must be at least one-hundred sixty 45
(160) square feet (or of sufficient size to accommodate at least eight 46
(8) regular sized PV panels).47 ... [5]
Deleted: emergency responders. The solar zone shall comply with 49
access, pathway, smoke ventilation, and other requirements as 50
specified in the Florida 51
Deleted: Code or local code. 52 ... [6]
Moved up [2]: Obstructions which are not located on the roof or 54
another part of the building, such as landscaping or a neighboring 55
building are not subject to these placement requirements. 56
Deleted: 57 ... [7]
Deleted: Solar Trust Fund at a rate of $39 per square foot of PV, 59
or as amended in the City’s Schedule of Fees and Fines.60 ... [8]
Deleted: and solar62
Deleted: facilities on City property.63 ... [9]
Deleted: . 65
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WHEREAS, the Planning board has or will have reviewed this ordinance before it is
enacted; and
WHEREAS, the Mayor and City Commission desire to amend Section 20-4.7 to clarify its
applicability and to provide for screening of vacant commercial properties.
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no less than the minimum of:
i. the
Page 5: [3] Deleted PKS 7/12/17 11:25:00 AM
(4) Calculation of Solar Zone Area size. The minimum solar zone area
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the following methods:
i. Method 1. Minimum Solar Zone Area Based on Total Roof Area
This Method should be used if shading is not significant,
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no less than fifteen (15) percent of the total roof area after subtracting the area of any skylights
chimneys and other similar structures located on the roof. The solar zone may be composed of
multiple sub-areas; however, no dimension of a sub-area can be less than five (5) feet in length. If
the total roof area is equal to or less than 10,000 square feet, each sub-area must be at least eighty
(80) square feet in area (or of sufficient size to accommodate at least four (4) regular sized PV
panels). If the total roof area is greater than 10,000 square feet, each sub-area must be at least one-
hundred sixty (160) square feet (or of sufficient size to accommodate at least eight (8) regular sized
PV panels).
ii. Method 2: Minimum Solar Zone Area Based on Potential Solar Zone
If the building site has significant shading, either from trees or from built objects
that are not located on the roof or any other part of the same building, the Potential Solar Zone
shall be used as the Solar Zone subject to certain reductions. If the potential solar zone is smaller
than 250 square feet or smaller than 15% of the roof area of the building excluding any skylights,
chimneys and other similar structures, then the solar zone can be reduced to half the area of the
potential solar zone. If the roof is shaded such that there is no potential solar zone area, then no
solar zone is required.
(5) Safety Access. In calculating the solar zone, a walkway three (3) feet in width shall be left
vacant on each side of each collector array segment (except the lower edge) for foot access
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Code or local code.
(6) Avoiding the Creation of Shade. The solar zone shall be free from roof penetrations and
shall not have any obstructions such as vents, chimneys, architectural features, or roof mounted
equipment located in the solar zone. This requirement ensures that the solar zone remains clear
and open for the future installation of a solar-energy system. Obstructions located on the roof or
any other part of the building that projects above the solar zone shall be located at a sufficient
horizontal distance away from the solar zone in order to reduce the resulting shading of the solar
zone. For any obstruction where the arc of the sun during the middle six (6) hours of the day could
cast a shadow on the solar zone, the horizontal distance (“D”) from the obstruction to the solar
zone shall be at least twice the height difference (“H”) between the highest point of the obstruction
and the horizontal projection of the nearest point of the solar zone (Figure 20-2.3.W.2).
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Figure 20-2.3.W.2 Structures protruding from the roof that would otherwise shade
the solar zone should be offset laterally by twice their height.
(7) Alternative to installing PV. As an alternative to installing all or part of the PV capacity
required in this section, for each square foot of PV required but not installed, a payment may be
made into
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Solar Trust Fund at a rate of $39 per square foot of PV, or as amended in the City’s Schedule of
Fees and Fines.
(8) Solar Trust Fund
(i) There is hereby created a Solar Trust Fund, the purpose of which is to fund installation
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facilities on City property.
(ii) Disbursement from Solar Trust Fund. Monies obtained for the Solar Trust Fund
shall be distributed for the installation and maintenance of photovoltaic power and solar
water heating on City-owned buildings and properties.
(iii) Sources of monies for the Solar Trust Fund. Said fund shall consist of contributions in lieu
of, or in conjunction with, required solar installations required under
H D=2H HD=2H