41 ORDINANCE NO.
2
3 An ordinance amending the Land Development Code, Article II, Section 20-
4 2.3, "Definitions" and Article III, Section 20 -3.6 "Supplemental Regulations"
5 adding subsection (W) "Solar Requirements" and providing definitions
6 relating to and criteria and regulations for solar collectors in the City of South
7 Miami
8
9 WHEREAS, the South Miami City Commission expressly declares that the following
10 amendments to the South Miami Land Development Code are reasonable and necessary because
11 of local climatic , topological , and geological conditions as listed below; and
12
13 WHEREAS, as a coastal city located on the tip of a peninsula, the Miami region is
14 vulnerable to sea level rise, and human activities releasing greenhouse gases into the atmosphere
15 increases inthat increase the worldwide average temperature, v/hich contributecontributing to the
16 melting of glaciers, thermal expansion of ocean water, and shifting or slowing of the Gulf
17 Stream, all resulting in rising sea levels; and
18
19 WHEREAS, South Florida is already experiencing the repercussions of excessive C02
20 emissions as rising sea levels threaten shorelines and infrastructure, have caused significant
21 erosion, have increased impacts to infrastructure during extreme tides , and have caused the City
22 to expend funds to modify the sewer system; and
23
24 WHEREAS, some people in South Miami , such as the elderly , may be particularly
25 vulnerable to higher temperatures resulting from climate changes; and
26
27 WHEREAS, installing solar will help South Miami meet its goals under Res. No. 23-09-
28 12832 , dated February 9, 2009 , stating: "The City of South Miami commits to a Carbon Neutral
29 Initiative to lead the community by example and to implement policies to eliminate net emission
30 of carbon dioxide and other greenhouse gases by the end of 2030 "; and
31
32 WHEREAS, distributed power, such as rooftop solar, can serve as generator systems for
33 the purposes of hurricane preparedness and thus comports with Sec . 25 2.371 Fla. Stat., the
34 Emergency Management, Preparedness , and Assistance Trust Fund; and
35
36 WHEREAS, distributed photovoltaic generation provides a basis for-a future microgrids ,
37 making the city more resilient as a whole , benefiting the health, welfare , and resiliency of South
38 Miami and its residents ; and
39
40 WHEREAS, the 2008 Florida legislature enacted Section 163.04 , Fla. Stat., with the
41 legislative intent of protecting the public health, safety , and welfare by encouraging the
42 development and use of renewable resources ; and
43
44 WHEREAS , Section 163 .08 (l)(a), Fla. Stat., found that chapter 2008-2 27, Laws of
45 Florida, amended the energy goal of the state comprehensive plan to provide, in part, that the
46 state shall reduce its energy requirements and reduce atmospheric carbon dio x ide by promoting
1
1 an increased use of renewable energy resources. That chapter also declared it the public policy of
2 the state to playa leading role in developing and instituting energy management programs that
3 promote energy conservation, energy security , and the reduction of greenhouse gases . In chapter
4 2008-191, Laws of Florida, the Legislature adopted new energy conservation and greenhouse gas
5 reduction comprehensive planning requirements for local governments. In the 2008 general
6 election, the voters of this state approved a constitutional amendment authorizing the Legislature,
7 by general law, to prohibit the increase of assessed value of residential real property due to
8 change or improvement made for the purpose of improving a property 's resistance to wind
9 damage or the installation of a renewable energy source device; and
10
11 WHEREAS, Section 163 .08 (1 )(b), Fla. Stat., found that the installation and operation of
12 improvements not only benefitted the affected properties for which the improvements were
13 made , but also assisted the state in fulfilling the goals of the state 's energy mitigation policies
14 and "Qualifying improvement" includes any energy conservation and efficiency improvement,
15 which is a measure to reduce consumption through conservation of electricity and the installation
16 of any system in which the electrical or thermal energy is produced from a method that uses solar
17 energy ; and
18
19 WHEREAS, section 193 .624, Fla. Stat., provides that " ... the term "renewable energy
20 source device" means .... (a) Solar energy collectors, photovoltaic modules, and inverters and in
21 subsection (2) it provides that [iln determining the assessed value of real property used: (a) For
22 residential purposes, an increase in the just value of the property attributable to the installation of
23 a renewable energy source device may not be considered."; and
2 4
25 WHEREAS, section 212 .08 (7) (hh), Fla. Stat., provides that the sale at retail, the rental,
26 the use, the consumption, the distribution, and the storage to be used or consumed in this state of
27 solar energy systems are exempt from the tax imposed by this chapter 212; and
28
29 WHEREAS , requiring solar photovoltaics at the time of new construction is more cost-
30 effective for the homeowner than installing the equipment after home construction because
31 workers are already on site, permitting and administrative costs are lovler, and ULit is less
32 expensive to reinforce a roof to accommodate the extra forces of a solar array, (ii) solar wiring
33 can be incorporated more cost effective to include such systems in e)Hstmg
34 constructionefficiently into electrical panels at the time of initial wiring, and, (iii) a solar system
35 can be financed at a lower rate if included in the initial home financing; and
36
37 WHEREAS, it is reasonably necessary to require builders to take steps to reduce the
38 energy consumed by inefficient building operations and produce renewable, low-carbon
39 electricity, or capture solar energy, in order to reduce pollution, benefit biodiversity, improve
40 resilience to climate change by reducing localized heat islands , and reduce the global warming
41 effects of energy consumption; and
42
43 WHEREAS, a cost-benefit analysis by the U.S. Department of Energy shows that
44 rooftop solar, at today 's costs, provides FPL customers with a Savings-to-Investment Ratio (SIR)
45 of 1.55 using the Federal Renewable Energy Tax credit, and a SIR of 1.08 without the tax credit,
2
1 both figures being greater than 1.0 which indicates a net financial benefit of roof-top solar to the
2 household Cwww .mel.gov/solar/assets/docs/sir.xlsx ); and
3
4 WHEREAS, the payback period for photovoltaic solar systems is in the range of one
5 quarter to one half the life expectancy of the photovoltaic panels, meaning the homeowner
6 receives a 50-75% decrease in the overall cost of power ; and
7
8 WHEREAS, the cost of rooftop solar power continues to fall , while the cost of utility
9 power in South Florida continues to rise , guaranteeing an increasing economic benefit to the
10 home owner and increasing the value of the property; and
11
12 WHEREAS, the Solar Energy Center at the University of Central Florida has shown
13 that , at today's electricity and solar PV prices and historic inflation rates over the past 20 years ,
14 the Internal Rate of Return (IRR) on rooftop photovoltaic systems runs between 9% and 14%, an
15 extraordinary tax-free fixed rate investment return to a property owner; and
16
17 WHEREAS, even if the property is s old before Low-income Solar Policy Guide,
18 produced by the value is recovered through discounted electricity use , the solar collector '.\lill add
19 to the valueCenter for Social Inclusion in 2016 states: "Because low-income families spend a
20 disproportionate amount of the property as sho'NIl by a recent study their income on utility bills,
21 they receive a proportionally greater economic benefit from the LWNfence Berkeley National
22 Laboratory finding thatsolar power", (Low Income Solar Policy Guide,
23 http ://www.lowincomesolar.org); and
24
25 WHEREAS, home buyers consistently hWl e been willing to pay more for a property
26 with PV across a variety of states, housing and PV markets, and home types , stating: "Average
27 market premiums across the full sample pay a premium for properties with PV equal to or greater
28 than the cost of homes analyzed here are about $4/W or $15, 000 for an average sized 3.6 kW
29 F-TLthe solar system (Figure 6). " See "itself, adding $3.58 /watt on new homes and $4.511watt on
30 existing homes ("Selling into the Sun: Premium Analysis of a Multi-State Dataset of Solar
31 Homes" Lawrence Berkeley National Laboratory, prepared for the Office of Energy Efficiency
32 and Renewable Energy Solar Energy Technologies Office U.S. Department of Energy , January
33 13 , 2015 7 https:/ lemp.lbl.gov/publications/selling-sun-price-premium-analysis-Oh and
34
35 WHEREAS, in housing markets similar to South Miami 's, PV systems that were owned
36 (not leased) benefitted home builders and owners by increasing market value and decreasing
37 marketing time (The Impact of Photovoltaic Systems on Market Value and Marketability,
38 Colorado Energy Office,
39 https:llwww.colorado.gov/pacific/energyoffice/atoml35466WHEREl' ... S , the Planning board has
40 or will have reviewed this ordinance before it is enacted; and
41
42 '¥HEREAS, the Mayor and City Commission desire to amend Section 20 4.7 to clarify
43 its applicability and to provide for screening of vacant commercial prop erti e s.); and
44
45 WHEREAS, thi s ordinance is modeled after similar ordinances enacted in the
46 municipalities of Lancaster CA, Sebastopol CA, Santa Monica CA, and San Francisco CA, none
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of which have been reported to reduce the rate of home construction, home-buying, or to cause
hardship or difficulties for homeowners or would-be homeowners; and
WHEREAS, rooftop solar installation benefits the local economy by supporting small
businesses, creating well-paying jobs, and directing profits to local business owners rather than
exporting them to corporate shareholders; and
WHEREAS, on June 13,2017, the Planning Board reviewed and unanimously approved
this ordinance requiring solar energy collectors as part of new construction of certain residential
dwellings.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. South Miami Land Development Code Article II , "Definitions" IS hereby
amended to read as follows:
20-2.3 Defmitions.
* * *
Living Area-;--8 shall mean gross floor area.
Nameplate capacity. Also known as the rated capacity, nominal capacity, installed capacity, or
maximum effect, nameplate capacity shall mean the intended full-load sustained output of a
facility such as a photovoltaic system.
Photovoltaic System (PV)-;-8-shall mean a type of solar collector that uses photovoltaic cells to
directly convert sunlight into electricity.
Potential Photovoltaic Thermal Collectors -shall mean photovoltaic, thermal hybrid
solar collectors, sometimes known as hybrid PV /T systems or PVT, which are systems that
convert solar radiation into thermal and electrical energy.
Solar Zone. Shall mean the total area of any roofs sloped 30 degrees (7/12 rise to run) or less
\vhere the annual Solar Ratio is 70 percent or greater, and the area of any steeper sloped roofs
oriented vrithin 80 degrees of true north where the annual Solar Ratio is 84 percent or greater.
&fa.F-Collectors ~ 8-shall mean any photovoltaic or solar-thermal collectors or any combination
thereof.
Solar Insolation. Shall mean the measure of solar radiation energy received on a given surface
area in a given time . It is commonly e)cpressed as average irradiance in '"",atts per square meter
(W/m2) or kilowatt hours per square meter per day (kW).
Solar Ratio. Shall mean the ratio of solar insolation (including shade) to the solar insolation
without shade for a yearly average of at least 6 hours a day as determined in Figure 20 2.3.'''.1
or the equivalent. Shading from obstructions located on the roof or any other part of the building
4
1 shall not be included in the determination of annual Solar Ratio, since construction shall be
2 designed to avoid shading of the Potential Solar Zone.
Latitude: 26°
90 Jun
80
70
CII
CIt
C» .. 60 at
CIJ
" .5 50
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Ot
C
«I 40
C»
" ~ -:;; 30 ;C
20
10
0
V .... -~ ---iMay Ju l -"
11AMf V ,,-~ ,\1 PM
/" ~ Apr Aug -...........
~/ V Mar Sep ~ 1\' 10AM1 / ~ --..... -~ r 2PM
l V ! V Feb Oct " ~ " \ ~ -"" I""'" -10....-.
gAiTJ f V ,/
,,-....... ~ \ ~ ~ 3PM Jan Nov I J ~ ---. \
8AM , If II .~ ~ Dec ~ ~ \ \ \ jPM
7AM
J 1 j) ( t \ t\ \. .. '5PM
1 J \ \ ~ c
}} r I / 1/ 0 ~ \ \ ' i\ 0 z t ..
[T II I ~ ~' • ~-~ \ ~. '0 en
• .Ic . .-"-.
3 Azimuth ang le in degrees
4 Figure 20 2.3.\.\'.1 Approximate sun elevations (altitude angles) and sun
5 directions (azimuth angles) across the day at different times of year in Miami to be
6 used for determining areas of the roof insolated for at least 6 hours a day should
7 area reductions from shading be sought. From: McCluney, R. (1985) Sun
8 Positions in Florida. FSEC ON 4 83, Florida Solar Energy Center, University of
9 Central Florida.
10
11 Solar Thermal Collectors~ S-shall mean either, low-, medium-, or high-temperature collectors .
12 Low temperature collectors are flat plates generally used to heat swimming pools. M edium-
13 temperature collectors are also usually flat plates but are used for creating hot water for
14 residential and commercial use. High temperature collectors concentrate sunlight using mirrors
15 or lenses and are generally used for electric power production. Hybrid photovoltaic-thermal
16 systems are also included.
5
1 Photovoltaic Thermal Collectors . Shall mean photovoltaic, thermal hybrid solar collectors,
2 sometimes knovm as hybrid PVIT systems or PVT, "vhich are systems that convert solar
3 radiation into thermal and electrical energy.
4 Solar Zone~ s-shall mean spaeea place available on a roof that is unshaded, un penetrated, and
5 free of obstructions serving as a suitable place for the installation of solar panels. For single
6 family residences and townhouses,collectors that will receive unshaded sunlight at least five (5)
7 hours a day. Exempt are roof sections sloped greater than 30 degrees (7112 rise-to-run) oriented
8 within 80 degrees of true north. If allowed by the solar zoneFlorida Building Code and
9 notwithstanding any other provision in the City's Land Development Code, the Solar Zone shall
10 be located on the roof or suitable overhang of the building~ of single-family residences and
11 townhouses and for qualifying multi-family buildings, the solar zoneSolar Zone can be located
12 on any of the following locations: roof of building, overhang of building, roof and/or overhang
13 of another structure located on the same property within 250 feet of the primary building,
14 covered parking installed with the building, other structures including trellises, arbors, patio
15 covers, carports, gazebos, and similar accessory structures as may be sufficiently strong to
16 support a solar array.
17
18 Sunlit Area -shall mean that portion of a roof section receiving at least 5 hours of sunlight on the
19 equmox.
20
21 Section 2. South Miami Land Development Code Article III, "Zoning Regulations", Section 20-
22 3.6, "Supplemental Regulations" is hereby amended to read as follows:
23
24 (W) Solar Requirements
25 (1) Applicability. All new construction of single-family residences,
26 townhouses, and any multi-story residential building where a section of roof can be reasonably
27 allocated, as determined by the Director of the Building Department or the Planning and Zoning
28 Department, to a separately metered dwelling unit (hereinafter referred to as "qualifying multi-
29 story residential building"), that apply for preliminary approval (or final approval if no
30 preliminary approval was obtained) by the Environmental Review and Preservation Board on or
31 after [insert date 2 months from approval] shall design and construct the roof so as to withstand
32 the weight of all product approved roofing material with the weight of solar collectors and shall
33 install solar photovokaic systems and/or at least the minimum amount of solar thermal systems
34 or a combination of bothcollectors required in the solar zone or another space of equivalent
35 capacity . Additions and alterations of subsection (2) of this section (W). This requirement shall
36 also apply to existing residential buildings are e)cempt from this requirement as described above,
37 if they leave at least 50% of an alteration or addition is made that either increases the square
38 footage of the principal structure by 75% or greater, or that replaces 75% or more of the existing
39 sub-roof and outside "valls intact..
40
41 (2) Minimum required installation. The area to be occupied by solar Solar collectors shall be
42 no less than the minimum of:
43 i. the installed in at least the following amounts, provided a sufficient Solar Zone
44 area (calculated in subparagraph 4 belovl);exists to accommodate them as determined by the
45 certification of an architect or engineer who shall also certify the total size of available Solar
46 Zone in square feet:
6
1
2 i. one panel with a minimum of ii .2.75 kW ef-nameplate photovoltaic capacity per
3 1,000 square feet of living area provided there is sufficient space within the available roof top
4 Solar Zone ; or
5 111.11 . 175 square feet of solar collector panel collectors per 1,000 square feet of roof
6 area.
7 iii sufficient solar collectors to fill the available Solar Zone, to the extent that such
8 construction is allowed by the Florida Building Code .
9
10 (3 ) Avoiding the Creation of Shade. Structures shall be designed in such a way so as to
11 maximize the available Solar Zone and for structures which have been designed by an architect
12 or engineer, the plans submitted shall include a certificate from the architect or engineer of
13 record certifying that the design of the structure has maximized the available Solar Zone.
14 Obstructions which are not located on the roof or another part of the building, such as
15 landscaping or a neighboring building are not subject to these placement requirements.
16
17 (~) Minimum specifications for solar collectors.
18 i. Solar photovoltaic systems: The total nameplate capacity of photovoltaic
19 Photovoltaic collectors satisfying the requirements of this section shall be at 1east-rated at no less
20 than ten (10) watts DC faceplate capacity per square foot of roof area allocated to the
21 photovoltaic collectors .
22 ii. Solar thermal systems: Single-family residential solar domestic water heating
23 systems shall be OG-300 System Certified by either the Solar Rating and Certification
24 Corporation (SRCC) or the International Association of Plumbing and Mechanical Officials
25 (IAPMO).
26 111. Solar photovoltaic systems and solar thermal systems shall be installed in accord
27 with all applicable State code requirements, including access, pathway, smoke ventilation, and
28 spacing requirements, all applicable local code requirements, and manufacturer's specifications.
29
30 (4) Calculation of Solar Zone Area size . The minimum solar zone area
31 (5) Approval and compliance. All solar installations shall be calculated using onepermitted
32 through the City . The plans shall demonstrate that the requirements of the code are satisfied and
33 the engineer or architect of the follovring methods:
34 1. Method 1. Minimum Solar Zone Area Based on Total Roof Area
35 This Method should be used if shading is not significant,record shall sign and seal
36 the plans indicating compliance. Subsequent review approval shall be carried out through the
37 standard review processes for instance if trees (e)(isting and planned) and adjacent buildings do
38 not shade the roof. The solar zone arearesidential construction. Inspection shall be no less than
39 fifteen (15) percent of the total roof area after subtracting the area of any skylights chimneys and
40 other similar structures located on the roof. The solar zone may be composed of multiple sub
41 areas; however, no dimension of a sub area can be less than five (5) feet in length. If the total
42 roof area is equal to or less than 10,000 square feet, each sub area must be at least eighty (80)
43 square feet in area (or of sufficient size to accommodate at least four (4) regular sized PV
44 panels). If the total roof area is greater than 10,000 square feet, each sub area must be at least
45 one hundred si)(ty (160) square feet (or of sufficient size to accommodate at least eight (8)
46 regular sized PV panels).
7
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11. Method 2: Minimum Solar Zone Area Based on Potential Solar Zone
If the building site has significant shading, either from trees or from built obj ects
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% ofthe roof area ofthe building e}(cIuding 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 l\ccess. In calculating the solar zone, a wallHvay three (3) feet in width shall be
left vacant on each side of each collector array segment (except the lower edge) for foot
acees-sperformed by emergency responders . The solar zone shall comply with access, path'.vay,
smoke ventilation, and other requirements as specified in the Florida the Building 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 a'.vay 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 shado'li 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.'\'.21= O@8tFll€~ti€ms wfti@ft af@ ft€lt l€l@at@€l €lft tft@ F€l€lf €lf an€ltft@F part €lf tft@ @tlil€liftg, 8tl@ft as
lan€ls@apiftg €lf a ft@igft@€lFiftg @tlil€liftg af@ ft€lt Stl@j@@t t€l tft@s@ pla@@Ift@nt F@€jtliF@Ift@ntS .
31 Figure 20 2.3.')'.'.2 Structures protruding from the roof that would otherwise
32 shade the solar zone should be offset laterally by twice their height.
33
34 (7) Alternative to installing PV. As an alternative to installing all or part of the PV capacity
35 required in this section, for each square foot of PV required but not installed, a payment may be
8
1 made into Department as per the City's Solar Trust Fund at a rate of $39 per square foot of PV,
2 or as amended in the City's Schedule of Fees and Fines.
3
4 (8) Solar Trust Fund
5 (i) There is hereby created a Solar Trust Fund, the purpose of vlhich is to fund
6 installation permit requirements for solar power and solaror water heating facilities on
7 City property.
8 (ii) Disbursement from Solar Trust Fund. Monies obtained for the Solar Trust Fund
9 shall be distributed for the installation and maintenance of photoV'oltaic power and solar
10 '.vater heating on City owned buildings and properties.
11
12 (iii) Sources of monies for the Solar Trust Fund. Said fund shall consist of contributions in
13 lieu of, or in conjunction with, required solar installations required under installations.
14 Enforcement of this ordinance7"" shall be carried out by the Code Enforcement Division.
15
16
17 Section 3. Codification. The provisions of this ordinance shall become and be made
18 part of the Land Development Code of the City of South Miami as amended.
19 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance
20 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
21 holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines
22 adopted hereunder.
23 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
24 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
25 Section 6. Effective Date. This ordinance shall become effective upon enactment.
26
27 PASSED AND ENACTED this __ day of , 2017.
28
29 A TTEST: APPROVED:
30
31
32 CITY CLERK MAYOR
33 1 st Reading
34 2nd Reading
35 3 rd Reading
36
37 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
38 LANGUAGE, LEGALITY AND Mayor Stoddard:
39 EXECUTION THEREOF Vice Mayor Welsh:
40 Commissioner Edmond:
41 Commissioner Harris:
42 Commissioner Liebman:
43 CITY ATTORNEY
44
45
46
9
CLEAN VERSION
1 ORDINANCE NO.
2
3 An ordinance amending the Land Development Code, Article II, Section 20-
4 2.3, "Definitions" and Article III, Section 20-3.6 "Supplemental Regulations"
5 adding subsection (W) "Solar Requirements" and providing definitions
6 relating to and criteria and regulations for solar collectors in the City of South
7 Miami
8
9 WHEREAS, the South Miami City Commission expressly declares that the following
10 amendments to the South Miami Land Development Code are reasonable and necessary because
11 of local climatic, topological, and geological conditions as listed below; and
12
13 WHEREAS, as a coastal city located on the tip of a peninsula, the Miami region is
14 vulnerable to sea level rise, and human activities releasing greenhouse gases into the atmosphere
15 that increase the worldwide average temperature, contributing to the melting of glaciers, thermal
16 expansion of ocean water, and shifting or slowing of the Gulf Stream, all resulting in rising sea
17 levels; and
18
19 WHEREAS, South Florida is already experiencing the repercussions of excessive C02
20 emissions as rising sea levels threaten shorelines and infrastructure, have caused significant
21 erosion, have increased impacts to infrastructure during extreme tides, and have caused the City
22 to expend funds to modify the sewer system; and
23
24 WHEREAS, some people in South Miami, such as the elderly, may be particularly
25 vulnerable to higher temperatures resulting from climate changes; and
26
27 WHEREAS, installing solar will help South Miami meet its goals under Res. No. 23-09-
28 12832, dated February 9, 2009, stating: "The City of South Miami commits to a Carbon Neutral
29 Initiative to lead the community by example and to implement policies to eliminate net emission
30 of carbon dioxide and other greenhouse gases by the end of 2030"; and
31
32 WHEREAS, distributed power, such as rooftop solar, can serve as generator systems for
33 the purposes of hurricane preparedness and thus comports with Sec. 252.371 Fla. Stat., the
34 Emergency Management, Preparedness, and Assistance Trust Fund; and
35
36 WHEREAS, distributed photovoltaic generation provides a basis for future micro grids,
37 making the city more resilient as a whole, benefiting the health, welfare, and resiliency of South
38 Miami and its residents; and
39
40 WHEREAS, the 2008 Florida legislature enacted Section 163.04, Fla. Stat., with the
41 legislative intent of protecting the public health, safety, and welfare by encouraging the
42 development and use of renewable resources; and
43
44 WHEREAS, Section 163.08 (l)(a), Fla. Stat., found that chapter 2008-227, Laws of
45 Florida, amended the energy goal of the state comprehensive plan to provide, in part, that the
46 state shall reduce its energy requirements and reduce atmospheric carbon dioxide by promoting
1
1 an increased use of renewable energy resources. That chapter also declared it the public policy of
2 the state to playa leading role in developing and instituting energy management programs that
3 promote energy conservation, energy security, and the reduction of greenhouse gases. In chapter
4 2008-191, Laws of Florida, the Legislature adopted new energy conservation and greenhouse gas
5 reduction comprehensive planning requirements for local governments. In the 2008 general
6 election, the voters of this state approved a constitutional amendment authorizing the Legislature,
7 by general law, to prohibit the increase of assessed value of residential real property due to
8 change or improvement made for the purpose of improving a property's resistance to wind
9 damage or the installation of a renewable energy source device; and
10
11 WHEREAS, Section 163.08 (l)(b), Fla. Stat., found that the installation and operation of
12 improvements not only benefitted the affected properties for which the improvements were
13 made, but also assisted the state in fulfilling the goals of the state's energy mitigation policies
14 and "Qualifying improvement" includes any energy conservation and efficiency improvement,
15 which is a measure to reduce consumption through conservation of electricity and the installation
16 of any system in which the electrical or thermal energy is produced from a method that uses solar
17 energy; and
18
19 WHEREAS, section 193.624, Fla. Stat., provides that" ... the term "renewable energy
20 source device" means .... (a) Solar energy collectors, photo voltaic modules, and inverters and in
21 subsection (2) it provides that [i]n determining the assessed value of real property used: (a) For
22 residential purposes, an increase in the just value of the property attributable to the installation of
23 a renewable energy source device may not be considered."; and
24
25 WHEREAS, section 212.08 (7) (hh), Fla. Stat., provides that the sale at retail, the rental,
26 the use, the consumption, the distribution, and the storage to be used or consumed in this state of
27 solar energy systems are exempt from the tax imposed by this chapter 212; and
28
29 WHEREAS, requiring solar photovoltaics at the time of new construction is more cost-
30 effective for the homeowner than installing the equipment after home construction because (i) it
31 is less expensive to reinforce a roof to accommodate the extra forces of a solar array, (ii) solar
32 wiring can be incorporated more efficiently into electrical panels at the time of initial wiring,
33 and, (iii) a solar system can be financed at a lower rate if included in the initial home financing;
34 and
35
36 WHEREAS, it is reasonably necessary to require builders to take steps to reduce the
37 energy consumed by inefficient building operations and produce renewable, low-carbon
38 electricity, or capture solar energy, in order to reduce pollution, benefit biodiversity, improve
39 resilience to climate change by reducing localized heat islands, and reduce the global warming
40 effects of energy consumption; and
41
42 WHEREAS, a cost-benefit analysis by the U.S. Department of Energy shows that
43 rooftop solar, at today's costs, provides FPL customers with a Savings-to-Investment Ratio (SIR)
44 of 1.55 using the Federal Renewable Energy Tax credit, and a SIR of 1.08 without the tax credit,
45 both figures being greater than 1.0 which indicates a net financial benefit of roof-top solar to the
46 household (www.nrel.gov/solar/assets/docs/sir.xlsx); and
2
1
2 WHEREAS, the payback period for photovoltaic solar systems is in the range of one
3 quarter to one half the life expectancy of the photo voltaic panels, meaning the homeowner
4 receives a 50-75% decrease in the overall cost of power; and
5
6 WHEREAS, the cost of rooftop solar power continues to fall, while the cost of utility
7 power in South Florida continues to rise, guaranteeing an increasing economic benefit to the
8 home owner and increasing the value of the property; and
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10 WHEREAS, the Solar Energy Center at the University of Central Florida has shown
11 that, at today's electricity and solar PV prices and historic inflation rates over the past 20 years,
12 the Internal Rate of Return (IRR) on rooftop photovoltaic systems runs between 9% and 14%, an
13 extraordinary tax-free fixed rate investment return to a property owner; and
14
15 WHEREAS, the Low-income Solar Policy Guide, produced by the Center for Social
16 Inclusion in 2016 states: "Because low-income families spend a disproportionate amount of their
17 income on utility bills, they receive a proportionally greater economic benefit from solar power",
18 (Low Income Solar Policy Guide, http://www.lowincomesolar.org); and
19
20 WHEREAS, home buyers across a variety of states pay a premium for properties with
21 PV equal to or greater than the cost of the solar system itself, adding $3.5 8/watt on new homes
22 and $4.511watt on existing homes ("Selling into the Sun: Premium Analysis of a Multi-State
23 Dataset of Solar Homes" Lawrence Berkeley National Laboratory, prepared for the Office of
24 Energy Efficiency and Renewable Energy Solar Energy Technologies Office U.S. Department of
25 Energy, January 13, 2015 https:llemp.lbl.gov/publications/selling-sun-price -premium-analysis-
26 ill ; and
27
28 WHEREAS, in housing markets similar to South Miami's, PV systems that were owned
29 (not leased) benefitted home builders and owners by increasing market value and decreasing
30 marketing time (The Impact of Photovoltaic Systems on Market Value and Marketability,
31 Colorado Energy Office, https:llwww.colorado.gov/pacific/energyoffice/atoml35466); and
32
33 WHEREAS, this ordinance is modeled after similar ordinances enacted in the
34 municipalities of Lancaster CA, Sebastopol CA, Santa Monica CA, and San Francisco CA, none
35 of which have been reported to reduce the rate of home construction, home-buying, or to cause
36 hardship or difficulties for homeowners or would-be homeowners; and
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38 WHEREAS, rooftop solar installation benefits the local economy by supporting small
39 businesses, creating well-paying jobs, and directing profits to local business owners rather than
40 exporting them to corporate shareholders; and
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42 WHEREAS, on June 13,2017, the Planning Board reviewed and unanimously approved
43 this ordinance requiring solar energy collectors as part of new construction of certain residential
44 dwellings.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. South Miami Land Development Code Article II, "Definitions" is hereby
amended to read as follows:
20-2.3 Definitions.
* * *
Living Area -shall mean gross floor area.
Nameplate capacity. Also known as the rated capacity, nominal capacity, installed capacity, or
maximum effect, nameplate capacity shall mean the intended full-load sustained output of a
facility such as a photovoltaic system.
Photovoltaic System (PV) -shall mean a type of solar collector that uses photo voltaic cells to
directly convert sunlight into electricity.
Photovoltaic Thermal Collectors -shall mean photovoltaic, thermal hybrid solar collectors,
sometimes known as hybrid PV/T systems or PVT, which are systems that convert solar
radiation into thermal and electrical energy.
Solar Collectors -shall mean any photovoltaic or solar-thermal collectors or any combination
thereof.
Solar Thermal Collectors -shall mean either, low-, medium-, or high-temperature collectors.
Low temperature collectors are flat plates generally used to heat swimming pools. Medium-
temperature collectors are also usually flat plates but are used for creating hot water for
residential and commercial use. High temperature collectors concentrate sunlight using mirrors
or lenses and are generally used for electric power production. Hybrid photovoltaic-thermal
systems are also included.
Solar Zone -shall mean a place available on a roof for the installation of solar collectors that will
receive unshaded sunlight at least five (5) hours a day. Exempt are roof sections sloped greater
than 30 degrees (7/12 rise-to-run) oriented within 80 degrees of true north. If allowed by the
Florida Building Code and notwithstanding any other provision in the City's Land Development
Code, the Solar Zone shall be located on the roof or suitable overhang of the building of single-
family residences and townhouses and for qualifying multi-family buildings, the Solar Zone can
be located on any of the following locations: roof of building, overhang of building, roof and/or
overhang of another structure located on the same property within 250 feet of the primary
building, covered parking installed with the building, other structures including trellises, arbors,
patio covers, carports, gazebos, and similar accessory structures as may be sufficiently strong to
support a solar array.
Sunlit Area -shall mean that portion of a roof section receiving at least 5 hours of sunlight on the
equmox.
4
1 Section 2. South Miami Land Development Code Article III, "Zoning Regulations", Section 20 -
2 3.6, "Supplemental Regulations" is hereby amended to read as follows :
3
4 (W) Solar Requirements
5 (1) Applicability. All new construction of single-family residences,
6 townhouses, and any multi-story residential building where a section of roof can be reasonably
7 allocated, as determined by the Director of the Building Department or the Planning and Zoning
8 Department, to a separately metered dwelling unit (hereinafter referred to as "qualifying multi-
9 story residential building"), that apply for preliminary approval (or final approval if no
10 preliminary approval was obtained) by the Environmental Review and Preservation Board on or
11 after [insert date 2 months from approval] shall design and construct the roof so as to withstand
12 the weight of all product approved roofing material with the weight of solar collectors and shall
13 install at least the minimum amount of solar collectors required in subsection (2) of this section
14 (W). This requirement shall also apply to existing residential buildings as described above, if an
15 alteration or addition is made that either increases the square footage of the principal structure by
16 75% or greater, or that replaces 75% or more of the existing sub-roof. Exempt are single family
17 residences with a floor area less than 1100 square feet, and any dwelling undergoing
18 reconstruction to repair damage caused by a natural disaster.
19
20 (2) Minimum required installation. Solar collectors shall be installed in at least the following
21 amounts, provided a sufficient Solar Zone exists to accommodate them as determined by the
22 certification of an architect or engineer who shall also certify the total size of available Solar
23 Zone in square feet:
24
25 i. one panel with a minimum of 2.75 kW nameplate photovoltaic capacity per 1,000
26 square feet of living area provided there is sufficient space within the available roof top Solar
27 Zone; or
28 ii . 175 square feet of solar collectors per 1,000 square feet of roof area.
29 iii sufficient solar collectors to fill the available Solar Zone, to the extent that such
30 construction is allowed by the Florida Building Code.
31
32 (3) Avoiding the Creation of Shade. Structures shall be designed in such a way so as to
33 maximize the available Solar Zone and for structures which have been designed by an architect
34 or engineer, the plans submitted shall include a certificate from the architect or engineer of
35 record certifying that the design of the structure has maximized the available Solar Zone.
36 Obstructions which are not located on the roof or another part of the building, such as
37 landscaping or a neighboring building are not subject to these placement requirements.
38
39 (4) Minimum specifications for solar collectors.
40 i. Solar photovoltaic systems: Photovoltaic collectors satisfying the requirements of
41 this section shall be at rated at no less than ten (10) watts DC faceplate capacity per square foot.
42 ii. Solar thermal systems: Single-family residential solar domestic water heating
43 systems shall be OG-300 System Certified by either the Solar Rating and Certification
44 Corporation (SRCC) or the International Association of Plumbing and Mechanical Officials
45 (IAPMO).
5
1 111. Solar photovoltaic systems and solar thermal systems shall be installed in accord
2 with all applicable State code requirements, including access, pathway, smoke ventilation, and
3 spacing requirements, all applicable local code requirements, and manufacturer's specifications.
4
5 (5) Approval and compliance. All solar installations shall be permitted through the City.
6 The plans shall demonstrate that the requirements of the City and State codes are satisfied and
7 the engineer or architect of record shall sign and seal the plans indicating compliance.
8 Subsequent review approval shall be carried out through the standard review processes for
9 residential construction. Inspection shall be performed by the Building Department as per the
10 City's permit requirements for solar power or water heating installations. Enforcement of this
11 ordinance shall be carried out by the Code Enforcement Division.
12
13
14 Section 3. Codification. The provisions of this ordinance shall become and be made
15 part of the Land Development Code of the City of South Miami as amended.
16 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance
17 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
18 holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines
19 adopted hereunder.
20 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
21 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
22 Section 6. Effective Date. This ordinance shall become effective upon enactment.
23
24 PASSED AND ENACTED this __ day of , 2017.
25
26 ATTEST: APPROVED:
27
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29 CITY CLERK MAYOR
30 1 st Reading
31 2nd Reading
32 3 rd Reading
33
34 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
35 LANGUAGE, LEGALITY AND Mayor Stoddard:
36 EXECUTION THEREOF Vice Mayor Welsh:
37 Commissioner Edmond:
38 Commissioner Harris:
39 Commissioner Liebman:
40 CITY ATTORNEY
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