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Home My WebLink AboutOrdinance 2021-4455 Solar Panels—Setback Exceptions in Single-Family Districts ORDINANCE NO. 2021-4455 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 2, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING SECTION 142-106, ENTITLED "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING," TO MODIFY SINGLE-FAMILY SETBACK REGULATIONS PERTAINING TO SOLAR PANELS AND RELATED EQUIPMENT; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, this Ordinance modifies the City's single-family home setback regulations to permit solar panels and related equipment to encroach into required yards; and WHEREAS, the amendments below will promote sustainable and resilient development. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. Section 1. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled "District Regulations," Division 2, entitled "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS ARTICLE II. — DISTRICT REGULATIONS DIVISION 2. — RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS Sec. 142-106. - Setback requirements for a single-family detached dwelling. (b) Allowable encroachments within required yards. (5) Central air conditioners, emergency generators, swimming pool equipment, solar panels, home battery systems and other similar mechanical equipment. Accessory central air conditioners, generators, swimming pool equipment, solar panels, home battery systems 1 and any other similar mechanical equipment, including attached screening elements, may occupy a required side or rear yard, provided that: a. They are not closer than five feet to a rear or interior side lot line, or ten feet to a side lot line facing a street. b. The maximum height of the equipment, including attached screening elements, shall not exceed five feet above current flood elevation, with a maximum height not to exceed ten feet above grade, as defined in section 114-1, of the lot on which it is located. c. If visible from the right-of-way, physical and/or landscape screening shall be required. d. Any required sound buffering equipment shall comply with the setback requirements established in subsection (5)a., above. e. If the equipment does not conform to subsections (1), (2), (3`, and (4) (a), (b), (c), and (d) above, then such equipment shall follow the setbacks of the main structure. SECTION 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 3. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this 8 day of Dect�,1P✓ , 2021. ATTEST: r` f;C05P ORAT 4' Dan Gelber, Mayor Rafael E. Granado, City' 16f APPROVED AS TO DEC 1 3 2021 FORM &LANGUAGE First Reading: October 13, 2021 &FOR EXECUTION Second Reading: December 8, 2021 Verified By: rya� , ��?--) Thomas R. Mooney, AICP OtyAttomey Dam Planning Director T:\Agenda\2021\10_October 13\Planning\Solar Panel Setback Exceptions SF Districts-First Reading ORD.docx 2 Ordinances - R5 C MIAMI BEA COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: December 8, 2021 10:15 a.m. Second Reading Public Hearing SUBJECT: SOLAR PANELS - SETBACK EXCEPTIONS IN SINGLE-FAMILY DISTRICTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 2, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING SECTION 142-106, ENTITLED "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING," TO MODIFY SINGLE- FAMILYSETBACK REGULATIONS PERTAINING TO SOLAR PANELS AND RELATED EQUIPMENT; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. BACKGROUND/HISTORY HISTORY On April 29, 2021, at the request of.Commissioner Mark Samuelian, the City Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC) and Planning Board pertaining to allowable setback encroachments for solar panels and related equipment in single family zoning districts (item C4M). On July 12, 2021 the LUSC reviewed a draft Ordinance modifying the interior side and rear setback requirements for solar panels and related equipment and recommended that the Planning Board transmit the Ordinance to the City Commission with a favorable recommendation. BACKGROUND On March 13, 2019, City Commission adopted an Urban Heat Island Ordinance, which allows for solar carports as an allowable front yard encroachment and for solar panels to be an allowable height exception in single family districts. The Ordinance also provides greater height for a rooftop curb in order to facilitate screening of the panels and explicitly states that solar panels are an allowable accessory use in all zoning districts. In addition, this Ordinance provides Page 613 of 1357 that public hearing.fees for the installation of a "sustainable roofing system," " solar carport," porous pavement," or" cool pavement" are waived. Once the City adopted its Urban Heat Island Ordinance, it received the Solsmart Gold designation. Solsmart is a national agency that certifies local governments as having regulations that facilitate the installation of solar panels. This designation is intended to encourage solar installers to work within the City by showcasing its efforts to remove existing barriers and lower soft costs. ANALYSIS PLANNING ANALYSIS The rise of solar power over the past decade has been largely driven by cities. I n these densely populated areas, solar power is helping to clean the air and reduce pollutant emissions, strengthen electric grids, provide consumers security against volatile energy costs, and improve the environment and residents' quality of life. Several cities have set robust goals for solar energy adoption including the implementation of programs and policies that promote the rapid expansion of solar energy, expanding access to all residents, installing solar energy systems on government buildings, and urging state and federal officials and investor-owned utilities to facilitate the growth of solar energy. The existing Land Development Regulations (LDRs)for single family homes do not allow solar panels as an allowable encroachment within rear and side yard setbacks. Therefore, a person seeking to place solar panels in their required rear and side yards would need to seek a variance. The proposed Ordinance addresses this issue by allowing solar panels and home battery systems as an allowable encroachment within rear and side yard setbacks for single- family homes and provides a maximum height for the equipment not to exceed five (5) feet above maximum yard elevation. These allowances are the same as those allowed for other types of mechanical equipment and should not negatively impact neighbors, especially since this type of equipment does not generate loud noise. This Ordinance further removes barriers to the adoption and installation of solar energy systems that can improve the resilience of single- family homes, particularly during energy outages. PLANNING BOARD REVIEW On September 28, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 5-0. The Planning Board also recommended that the equipment identified in this Ordinance also be allowed to follow any legal non-conforming setbacks for similar encroachments. The Administration would not recommend including this suggestion of the Planning Board, as the extent of existing legal non-conforming encroachments could be significantly exacerbated. Also, in a number of instances, it is difficult to determine whether an existing non-conforming encroachment is, in fact, legally established. UPDATE The subject Ordinance was approved at First Reading on October 13, 2021 with no changes. SUPPORTING SURVEY DATA Improve Sustainability and Resiliency Efforts Citywide Page 614 of 1357 CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Trackina Planning Sponsor Commissioner Mark Samuelian ATTACHMENTS: Description ❑ Ordinance Page 615 of 1357