18-Solar Ordinance v10 (3)Amended 7/7/17
1
ORDINANCE NO. 1
2
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
8
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
12
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
18
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
23
WHEREAS, some people in South Miami, such as the elderly, may be particularly 24
vulnerable to higher temperatures resulting from climate changes; and 25
26
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
31
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
35
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
39
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
43
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
Amended 7/7/17
2
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
10
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
18
WHEREAS, requiring solar photovoltaics at the time of new construction is more cost-19
effective for the homeowner than installing the equipment after home construction because (i) it 20
is less expensive to reinforce a roof to accommodate the extra forces of a solar array, (ii) solar 21
wiring can be incorporated more efficiently into electrical panels at the time of initial wiring, 22
and, (iii) a solar system can be financed at a lower rate if included in the initial home financing; 23
and 24
25
WHEREAS, it is reasonably necessary to require builders to take steps to reduce the 26
energy consumed by inefficient building operations and produce renewable, low-carbon 27
electricity, or capture solar energy, in order to reduce pollution, benefit biodiversity, improve 28
resilience to climate change by reducing localized heat islands, and reduce the global warming 29
effects of energy consumption; and 30
31
WHEREAS, a cost-benefit analysis by the U.S. Department of Energy showed that 32
rooftop solar at today’s costs would provide FPL customers with a Savings-to-Investment Ratio 33
(SIR) of 1.55 with the Federal Renewable Energy Tax credit, and a SIR of 1.08 without the tax 34
credit, both figures greater than 1.0 which indicates a net financial benefit of roof-top solar to the 35
household; and 36
37
WHEREAS, the payback period for photovoltaic solar systems is in the range of one 38
quarter to one half the life expectancy of the photovoltaic panels, meaning the homeowner 39
receives a 50-75% decrease in the overall cost of power; and 40
41
WHEREAS, the cost of rooftop solar power continues to fall, while the cost of utility 42
power in South Florida continues to rise, guaranteeing an increasing economic benefit to the 43
home owner and increasing the value of the property; and 44
45
Amended 7/7/17
3
WHEREAS, the Solar Energy Center at the University of Central Florida has shown 1
that, at today’s electricity and solar PV prices and historic inflation rates over the past 20 years, 2
the Internal Rate of Return (IRR) on rooftop photovoltaic systems runs between 9 and 14%, an 3
extraordinary tax-free fixed rate investment return to a property owner; and 4
5
WHEREAS, the Low-income Solar Policy Guide, produced by the Center for Social 6
Inclusion in 2016 states: “Because low-income families spend a disproportionate amount of their 7
income on utility bills, they receive a proportionally greater economic benefit from solar power”, 8
(Low Income Solar Policy Guide, http://www.lowincomesolar.org); and 9
10
WHEREAS, home buyers across a variety of states pay a premium for properties with 11
PV equal to or greater than the cost of the solar system itself, adding $3.58/watt on new homes 12
and $4.51/watt on existing homes (“Selling into the Sun: Premium Analysis of a Multi-State 13
Dataset of Solar Homes” Lawrence Berkeley National Laboratory, prepared for the Office of 14
Energy Efficiency and Renewable Energy Solar Energy Technologies Office U.S. Department of 15
Energy, January 13, 2015 https://emp.lbl.gov/publications/selling-sun-price-premium-analysis-16
0)
18
; and 17
WHEREAS, in housing markets similar to South Miami’s, PV systems that were owned 19
(not leased) benefitted home builders and owners by increasing market value and decreasing 20
marketing time (The Impact of Photovoltaic Systems on Market Value and Marketability, 21
Colorado Energy Office, https://www.colorado.gov/pacific/energyoffice/atom/35466); and 22
23
WHEREAS, this ordinance is modeled after similar ordinances enacted in the 24
municipalities of Lancaster CA, Sebastopol CA, Santa Monica CA, and San Francisco CA, none 25
of which have been reported to reduce the rate of home construction, home-buying, or to cause 26
hardship or difficulties for homeowners or would-be homeowners; and 27
28
WHEREAS, rooftop solar installation benefits the local economy by supporting small 29
businesses, creating well-paying jobs, and directing profits to local business owners rather than 30
exporting them to corporate shareholders; and 31
32
WHEREAS, on June 13, 2017, the Planning Board reviewed and unanimously approved 33
this ordinance requiring solar energy collectors as part of new construction of certain residential 34
dwellings. 35
36
37
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 38
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 39
40
Section 1
43
. South Miami Land Development Code Article II, “Definitions” is hereby 41
amended to read as follows: 42
20-2.3 Definitions. 44
* * * 45
Living Area - shall mean gross floor area. 46
Amended 7/7/17
4
Nameplate capacity. Also known as the rated capacity, nominal capacity, installed capacity, or 1
maximum effect, nameplate capacity shall mean the intended full-load sustained output of a 2
facility such as a photovoltaic system. 3
Photovoltaic System (PV) - shall mean a type of solar collector that uses photovoltaic cells to 4
directly convert sunlight into electricity. 5
Photovoltaic Thermal Collectors - shall mean photovoltaic, thermal hybrid solar collectors, 6
sometimes known as hybrid PV/T systems or PVT, which are systems that convert solar 7
radiation into thermal and electrical energy. 8
Solar Collectors - shall mean any photovoltaic or solar-thermal collectors or any combination 9
thereof. 10
Solar Thermal Collectors - shall mean either, low-, medium-, or high-temperature collectors. 11
Low temperature collectors are flat plates generally used to heat swimming pools. Medium-12
temperature collectors are also usually flat plates but are used for creating hot water for 13
residential and commercial use. High temperature collectors concentrate sunlight using mirrors 14
or lenses and are generally used for electric power production. Hybrid photovoltaic-thermal 15
systems are also included. 16
29
Solar Zone - shall mean space suitable place for the installation of solar panels, receiving 17
sunlight at least five (5) hours a day as determined in Figure 20-2.3.W.1 or the equivalent, and 18
free of obstructions and penetrations. Shading from obstructions located on the roof or any other 19
part of the subject building shall not be considered a restriction of the Solar Zone. The Solar 20
Zone shall be calculated for roof sections sloped 30 degrees (7/12 rise-to-run) or less, and any 21
steeper-sloped roof sections oriented within 80 degrees of true north. For single-family 22
residences and townhouses, the Solar Zone shall be located on the roof or suitable overhang of 23
the building. For qualifying multi-family buildings, the Solar Zone can be located on any of the 24
following locations: roof of building, overhang of building, roof and/or overhang of another 25
structure located on the same property within 250 feet of the primary building, covered parking 26
installed with the building, other structures including trellises, arbors, patio covers, carports, 27
gazebos, and similar accessory structures as may be sufficiently strong to support a solar array. 28
Sunlit Area - shall mean that portion of a roof section receiving at least 5 hours of sunlight daily 30
at the equinox. 31
Amended 7/7/17
5
1
Figure
10
20-2.3.W.1 Sun elevations and sun horizontal directions (azimuth angles) across 2
the day at the equinox in South Miami (26° N Lat) to be used for determining areas 3
receiving direct sunlight at least five (5) hours a day. For example, for a section of west-4
facing roof receiving sunlight when the sun was at least 50° above the eastern horizon 5
and at least 40° above the western horizon, direct sunlight would strike the roof shortly 6
before 10 am and stop around 3:45 pm, a period of just under 6 hours. Adapted from: 7
McCluney, R. (1985) Sun Positions in Florida. FSEC DN-4-83, Florida Solar Energy 8
Center, University of Central Florida. 9
13
Section 2. South Miami Land Development Code Article III, “Zoning Regulations”, Section 20-11
3.6, “Supplemental Regulations” is hereby amended to read as follows: 12
(W) Solar Requirements 14
27
(1) Applicability. All new construction of single-family residences, townhouses, and any 15
multi-story residential building where a section of roof can be reasonably allocated, as 16
determined by the Director of the Building Department or the Planning and Zoning Department, 17
to a separately metered dwelling unit (hereinafter referred to as “qualifying multi-story 18
residential building”), that apply for preliminary approval (or final approval if no preliminary 19
approval was obtained) by the Environmental Review and Preservation Board on or after [insert 20
date 2 months from approval] shall install solar photovoltaic systems and/or solar thermal 21
systems or a combination of both in the Solar Zone or another space of equivalent capacity as 22
described above in the Solar Zone definition. This requirement shall also apply to existing 23
residential buildings as described above, if an alteration or addition is made that either increases 24
the square footage of the principal structure by 75% or greater, or that replaces 75% or more of 25
the existing sub-roof. 26
(2) Minimum required installation. The area to be occupied by solar collectors shall be no 28
less than the minimum of: 29
Amended 7/7/17
6
i. the Solar Zone area (calculated in subparagraph 3 below); or 1
ii. 2.75 kW of nameplate photovoltaic capacity per 1,000 square feet of living area; 2
or 3
5
iii. 175 square feet of solar collector panel per 1,000 square feet of roof area. 4
(3) Calculation of Solar Zone area size. The minimum Solar Zone area shall be calculated 6
using one of the following methods: 7
i. Method 1. Minimum Solar Zone Area Based on Total Roof Area 8
This Method should be used if shading is not significant, for instance if trees 9
(existing and planned) and adjacent buildings do not shade the roof. The Solar Zone area shall 10
be no less than fifteen (15) percent of the total roof area after subtracting the area of any 11
skylights chimneys and other similar structures located on the roof. The Solar Zone may be 12
composed of multiple sub-areas; however, no dimension of a sub-area can be less than five (5) 13
feet in length. If the total roof area is equal to or less than 10,000 square feet, each sub-area must 14
be at least eighty (80) square feet in area (or of sufficient size to accommodate at least four (4) 15
regular sized PV panels). If the total roof area is greater than 10,000 square feet, each sub-area 16
must be at least one-hundred sixty (160) square feet (or of sufficient size to accommodate at least 17
eight (8) regular sized PV panels). The Solar Zone is the sum of all qualifying sub-areas. 18
ii. Method 2: Minimum Solar Zone Accounting for Shading 19
27
If the building site has significant shading, either from trees or from built objects 20
that are not located on the roof or any other part of the same building, the Sunlit Area, or 21
combination of sunlit sub-areas as in (i) above, shall be used as the Solar Zone subject to certain 22
reductions. If the Sunlit Area is smaller than 250 square feet or smaller than 15% of the roof 23
area of the building, excluding any skylights, chimneys and other similar structures, then the 24
Solar Zone can be reduced to half the Sunlit Area. If the roof is shaded such that it has no 25
qualified Solar Zone, then no solar power or heating installation is required. 26
(4) Avoiding the Creation of Shade. The designated Solar Zone shall be free from roof 28
penetrations and shall not have any obstructions such as vents, chimneys, architectural features, 29
or roof mounted equipment located in the designated Solar Zone. This requirement ensures that 30
the Solar Zone remains clear and open for the installation or future expansion of a solar energy 31
system. Obstructions located on the roof or any other part of the building that projects above the 32
Solar Zone shall be located at a sufficient horizontal distance away from the Solar Zone in order 33
to reduce the resulting shading of the Solar Zone. For any obstruction where the arc of the sun 34
during the middle six (6) hours of the day could cast a shadow on the Solar Zone, the horizontal 35
distance (“D”) from the obstruction to the Solar Zone shall be at least twice the height difference 36
(“H”) between the highest point of the obstruction and the horizontal projection of the nearest 37
point of the Solar Zone (Figure 20-2.3.W.2). Obstructions which are not located on the roof or 38
another part of the building, such as landscaping or a neighboring building are not subject to 39
these placement requirements.
41
40
Amended 7/7/17
7
1 2
Figure
5
20-2.3.W.2 Structures protruding from the roof that would otherwise shade the 3
Solar Zone should be offset laterally by twice their height. 4
6
(5) Minimum specifications for solar collectors. 7
i. Solar photovoltaic systems: Photovoltaic collectors satisfying the requirements of 8
this section shall be at rated at no less than ten (10) watts DC faceplate capacity per square foot. 9
ii. Solar thermal systems: Single-family residential solar domestic water heating 10
systems shall be OG-300 System Certified by either the Solar Rating and Certification 11
Corporation (SRCC) or the International Association of Plumbing and Mechanical Officials 12
(IAPMO). 13
17
iii. Solar photovoltaic systems and solar thermal systems shall be installed in accord 14
with all applicable State code requirements, including access, pathway, smoke ventilation, and 15
spacing requirements, all applicable local code requirements, and manufacturer’s specifications. 16
(6) Approval and compliance. All solar installations shall be permitted through the City. 18
The plans shall demonstrate that the requirements of the code are satisfied and the engineer or 19
architect of record shall sign and seal the plans indicating compliance. Subsequent review 20
approval shall be carried out through the standard review processes for residential construction. 21
Inspection shall be performed by the Building Department as per the City’s permit requirements 22
for solar power or water heating installations. Enforcement of this ordinance shall be carried out 23
by the Code Enforcement Division. 24
25
26
Section 3. Codification. The provisions of this ordinance shall become and be made 27
part of the Land Development Code of the City of South Miami as amended. 28
Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance 29
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this 30
holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines 31
adopted hereunder. 32
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all 33
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 34
Section 6. Effective Date. This ordinance shall become effective upon enactment. 35
36
Amended 7/7/17
8
PASSED AND ENACTED this ____ day of _____________, 2017. 1
2
ATTEST: APPROVED: 3
4
________________________ ________________________ 5
CITY CLERK MAYOR 6
1st Reading 7
2nd Reading 8
9
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
17
18
19
20
21