Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 1
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: July 12, 2021
TITLE:AN ORDINANCE AMENDING CHAPTER 142 OF THE MIAMI BEACH LAND DEVELOPMENT REGULATIONS TO ALLOW SOLAR PANELS AS AN ENCROACHMENT TO REAR AND SIDE YARD SETBACKS.

HISTORY:

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 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.

 

At the City Commission meeting on April 21, 2021, the Mayor and City Commission referred a discussion to the Land Use and Sustainability Committee (LUSC) to allow solar panels as an encroachment to rear and side yard. This item was sponsored by Commissioner Mark Samuelian.

ANALYSIS:

The rise of solar power over the past decade has been largely driven by cities. In these densely-populated areas, solar power is helping to clean the air and reduce pollutant emissions; strengthen electric grids; offer consumers security against volatile energy costs; and, improve the environment and residents’ quality of life. Several cities have set strong goals for solar energy adoption, implementing 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 current City Code does not allow solar panels as an encroachment to rear and side yard setbacks. Since the Code currently does not address this issue, a person seeking to place solar panels in their back yard would need a variance. The proposed Ordinance addresses this issue by allowing solar panels and home battery systems as an encroachment to rear and side yard setbacks for a single-family homes and determines maximum height of the equipment to not exceed five feet above maximum yard elevation on which it is located. This Ordinance further removes barriers to the adoption and installation of solar energy systems which can improve the resilience of single-family homes, mainly during energy outages.

CONCLUSION:

The following is presented to the members of the Land Use and Sustainability Committee for discussion.  Administration recommends moving the Ordinance to the Planning Board. 

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
No No 

Departments

Planning/Environment & Sustainability

Strategic Connection

Environment & Infrastructure - Reduce greenhouse gas emissions and heat.
ATTACHMENTS:
DescriptionType
Amending Chapter 142 Ordinance Ordinance