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HomeMy WebLinkAbout1377-19 Solar Energy INSTRII 2019157417 BK 9973 PG 2640 09/16/2019 02 14p Page 1 of 56 50 RRcpt' 2090831 Rec: DS: 0.00 IT: 0.00 Nikki Alvarez-Soules, Esq. ORDINANCE NO. 1377-1i Pasco County Clerk & Comptroller AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA CREATING PARTS 7.09.01.03 "SOLAR ENERGY SYSTEM STANDARDS" AND 7.09.30 "SOLAR ELECTRIC POWER COLLECTION/GENERATION FACILITY STANDARDS" OF THE LAND DEVELOPMENT CODE, AMENDING TABLE 2.02.01 "ALLOWABLE USES IN ZONING DISTRICTS", AMENDING PART 13.02.00 "DEFINITION OF TERMS" OF THE LAND DEVELOPMENT CODE; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEALER,AND AN EFFECTIVE DATE. WHEREAS,the City Council desires to encourage the safe, efficient, and effective use of clean alternative/renewable energy sources while ensuring solar energy systems are compatible with the surrounding neighborhood; and WHEREAS, the City Council of the City of Zephyrhills wishes to encourage the safe, efficient, and effective use of clean alternative/renewable energy sources while ensuring solar electric power collection/generation facilities are compatible with the surrounding neighborhood; and WHEREAS,the City Council desires to adopt two new sections to the City of Zephyrhills Land Development Code to include regulations regarding Solar Energy Systems and Solar Electric Power Collection/Generation Facilities; and WHEREAS,the City Council desires to amend the City of Zephyrhills Land Development Code's Allowable Uses in Zoning Districts Table and the Definition of Terms to accommodate the new sections being adopted for inclusion into the Land Development Code. NOW THEREFORE,BE IT ENACTED,AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS,FLORIDA,THAT: SECTION 1: That Part 7.09.01.03 SOLAR ENERGY SYSTEM STANDARDS as outlined below is hereby created and incorporated into the City of Zephyrhills Land Development Code. § 7.09.01.03 SOLAR ENERGY SYSTEM STANDARDS. (A) Purpose - The purpose of this Section is to promote the health, safety, and welfare of residents by encouraging the safe, efficient, and effective use of clean alternative/renewable energy sources while ensuring solar energy systems are compatible with the surrounding neighborhood. (B) Authority -This Section implements the policies of the adopted Comprehensive Plan and Sustainable Community Action Plan. Compliance is a statutory precondition for the issuance of an approval from the Planning Department and a Building Permit from the Building Department. The provisions of this Part shall be administered and enforced by the Planning Director or his/her designee and Building Official or his/her designee. (C) Applicability - The requirements of this Section shall apply to all Solar Energy Systems, within the City, as defined in Article XIII, Definitions, of this Land Development Code(LDC). (D) Conflicts - If the regulations and requirements of this Section conflict with other lawfully enacted and adopted rules, regulations, ordinances or laws, the more stringent shall apply,unless otherwise stated herein. § 7.09.01.03.1 SOLAR ENERGY SYSTEM STANDARDS WITHIN THE CITY'S SPECIAL AREAS (SAs). (A) SAs defined - The City's SAs consist of the US Highway 301/Gall Boulevard Corridor Vision Areas (includes North 301, Form-Based Code District, and South 301), Zephyrhills Industrial Zone (ZIZ), Community Redevelopment Agency (CRA) Area(s), and Historic Record and Return to: ,e - 1 - City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 District(s). For the purposes of the application of this LDC, the geographic area of SAs are further defined as all properties within each SA. Where Master Plans or Design Standards & Regulations have been adopted for a SA, the standards of that SA shall apply. In cases of conflict between LDC standards and standards of a SA, the more stringent standard shall apply. § 7.09.01.03.2 SOLAR ENERGY SYSTEM STANDARDS CITYWIDE. (A) Solar energy systems shall be allowed on all types of structures,lots, or parcels and in all zoning districts as an accessory structure. The installation of such devices shall comply with the following: (1) All devices shall comply with Chapter 156 of the City of Zephyrhills Code of Ordinances,Sections 7.09.01.01 and 2.02.08 of this LDC,and be required to obtain approval from the Planning Department (if applicable)and a permit from the Building Department. (2) All ground-mounted solar energy systems shall comply with the following: (a) Shall be certified by the Florida Solar Energy Center(Section 377.705, F.S.); (b) Shall be located on lots or parcels a minimum of 15,000 square feet in size; (c) Shall meet all setback requirements for accessory structures; (d) Shall be located in the side or rear yard and shall not be located in any front or secondary front yard; (e) Shall require a site plan and approval from the Planning Department if the total square footage of the ground-mounted solar energy system(specifically the solar array)exceeds 300 square feet; (f) For lots less than one(1)acre in size,all ground-mounted solar energy systems shall not exceed 10 feet in height when utilized in a residential zoning district or on a lot containing a residential structure; all ground-mounted solar energy systems utilized on lots containing all other uses and on all other lot sizes shall not exceed the height limitation for the applicable zoning district and (g) For lots less than one(1)acre in size,the total square footage of the ground-mounted solar energy system(specifically the solar array)shall not exceed 800 square feet when in a residential zoning district or on a lot containing a residential structure. (3) All roof-mounted solar energy systems shall comply with the following: (a) Shall be certified by the Florida Solar Energy Center(Section 377.705, F.S.); (b) Shall be installed in at maximum the following amount, provided a sufficient solar zone exists to accommodate them as determined by the certification of a Florida-registered architect or engineer who shall also certify the total size of available solar zone in square feet: 1. Sufficient solar energy systems to fill the available solar zone, to the extent that such construction is allowed by Chapter 156 of the City of Zephyrhills Code of Ordinances. (c) Solar energy systems shall not extend more than 12 inches above the roofline or parapet of the structure upon which it is mounted, or five(5) feet above a flat roof, whichever is less, while still satisfying the height requirements for the applicable zoning district; (d) No part of the solar energy system and equipment shall extend beyond the edge of the roof; and (e) Required accessory equipment may be allowed on the roof or ground. Accessory equipment located on the ground shall meet all accessory structure setbacks. (4) Any solar energy system that has generated no electricity for a period of 360 days shall be deemed to be abandoned and shall be removed within 180 days of such abandonment.This shall include the removal of the entire solar energy system and any associated facilities and equipment connected thereto from the - 2 - premises and the restoration of the area to a compliant pre-installation condition. (5) A variance may be applied for lot size,setbacks,height,or solar energy system location requirements in accordance with Part 12.02.00 of this LDC. These provisions contained herein this subsection only apply when the solar energy systems are considered to be accessory. These provisions do not apply to Solar Electric Power Collection/Generation Facilities as defined in this LDC (refer to Article XIII, Definitions, and Section 7.09.30). SECTION 2: That Part 7.09.30 SOLAR ELECTRIC POWER COLLECTION/ GENERATION FACILITY STANDARDS as outlined below is hereby created and incorporated into the City of Zephyrhills Land Development Code. § 7.09.30 SOLAR ELECTRIC POWER COLLECTION/GENERATION FACILITY STANDARDS. (A) Purpose - The purpose of this Section is to promote the health, safety, and welfare of residents by encouraging the safe, efficient, and effective use of clean alternative/renewable energy sources while ensuring solar electric power collection/generation facilities are compatible with the surrounding neighborhood. (B) Authority - This Section implements the policies of the adopted Comprehensive Plan and Sustainable Community Action Plan. Compliance is a statutory precondition for the issuance of a Development Order, Development Permit, Right-Of-Way Use Permit, Building Permit, and Certificate of Occupancy. The provisions of this Section shall be administered and enforced by the Planning Director or his/her designee. (C) Applicability-The requirements of this Section shall apply to all Solar Electric Power Collection/Generation Facilities, within the City, as defined in Article XIII, Definitions, of this LDC. (D) Conflicts - If the regulations and requirements of this Section conflict with other lawfully enacted and adopted rules,regulations, ordinances or laws, the more stringent shall apply,unless otherwise stated herein. § 7.09.30.1 SOLAR ELECTRIC POWER COLLECTION/GENERATION FACILITY STANDARDS WITHIN THE CITY'S SPECIAL AREAS (SAs). (A) SAs defined - The City's SAs consist of the US Highway 301/Gall Boulevard Corridor Vision Areas (includes North 301, Form-Based Code District, and South 301), Zephyrhills Industrial Zone (ZIZ), Community Redevelopment Agency (CRA) Area(s), and Historic District(s). For the purposes of the application of this LDC, the geographic area of SAs are further defined as all properties within each SA. Where Master Plans or Design Standards & Regulations have been adopted for a SA, the standards of that SA shall apply. In cases of conflict between LDC standards and standards of a SA, the more stringent standard shall apply. § 7.09.30.2 SOLAR ELECTRIC POWER COLLECTION/GENERATION FACILITY STANDARDS CITYWIDE. (A) The location, construction, and operation of Solar Electric Power Collection/Generation Facilities shall comply with the following standards: (1) Siting/location criteria: (a) Shall be allowed in the C3, LI, and HI zoning districts subject to special exception approval (level two review); (b) Shall be located on lots or parcels a minimum of 10 acres; (c) All solar energy systems and associated equipment shall be setback a minimum of 50 feet - 3 - from all property lines and shall comply with all applicable right-of-way setbacks; (d) All solar energy systems and associated equipment shall not exceed the height limitation for the applicable zoning district; otherwise, a variance may be applied for in accordance with Part 12.02.00 of this LDC; and (e) Visual impacts of any solar energy systems shall be minimized in accordance with the following: SECTION 3: That the definition for ACCESSORY STRUCTURE in Part 13.02.00 of the Land Development code is hereby repealed in its entirety and replaced with the following: ACCESSORY STRUCTURE - A subordinate structure detached from but located on the same lot as a principal building. The use of an ACCESSORY STRUCTURE must be identical and accessory to the use of the principal building. SECTION 4: The following definitions are hereby adopted and shall be included in Part 13.02.00: Definitions Of Terms in the LDC: FIXED RACK— Solar energy system equipment that holds solar arrays stationary at a fixed angle and orientation. FIXED RACK TRACKER — Solar energy system equipment that senses the direction of the sun and tilts the solar arrays as needed for maximum exposure to the light. POWER GENERATION FACILITIES,ELECTRIC (POWER PLANTS) 1. Certified: Electric Power Collection/Generation Facilities that are required to be certified pursuant to Sections 403.501 through 403.518, F.S. 2. Non-Certified: Non-certified Electric Power Collection/Generation Facilities consist of two types: a. Low Impact Non-Certified Electric Power Collecting/Generating Facility meet the definition of a cogeneration facility pursuant to Section 210 of the Public Utility Regulation Policy Act of 1978 (PURPA) and are certified as "Qualifying Facilities" from the Federal Energy Regulatory Commission; b. High Impact Non-Certified Electric Power Collecting/Generating Facility include both small power producers defined pursuant to Section 210 of PURPA and independent power producers which do not meet the "Qualifying Facility" standards of PURPA. This does not include Solar Electric Power Collection/Generation Facilities and Solar Energy Systems as defined in this LDC. SOLAR ARRAY — The complete solar power-generating unit, consisting of a packaged interconnected assembly of any number of solar photovoltaic modules and, panels. SOLAR ELECTRIC POWER COLLECTION/GENERATION FACILITY (SOLAR FARM) — A type of electric power collection/generation facility that includes solar energy systems mounted on the ground that are utilized in the collection/storage/production of solar electric power as the primary or principal use of the property and whereby the power being collected/stored/produced is being sold to an electric utility provider or being collected/stored/produced directly by an electric utility provider SOLAR ENERGY SYSTEM — Equipment whose primary purpose is to collect, store, and distribute solar or radiant energy received from the sun to be used for the generation of electricity through the solar photovoltaic conversion process. The equipment could include solar photovoltaic cells,modules,panels, arrays, collectors, films, shingles, or other solar devices. The equipment could be roof-mounted or ground-mounted(of a fixed rack or fixed rack tracker type). The equipment could be -4 - used for water heating,space heating or cooling,or other applications which normally require a conventional source of energy such as petroleum products, natural gas, or electricity. SOLAR PANEL — A pre-wired, field installable unit comprised of one or more assembled solar photovoltaic modules. SOLAR ZONE—An area that will receive unshaded sunlight at minimum five (5) hours a day on a south-facing roof for the installation of solar energy systems that can face up to 45 degrees east or west of south without a significant decrease in performance. If allowed by Chapter 156 of the City of Zephyrhills Code of Ordinances 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, 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 as 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 energy system. SECTION 5: Table 2.02.01: Allowable Uses in Zoning Districts in the LDC is hereby amended to include the Electric Power Related uses section as outlined on Exhibit"A". SECTION 6: REPEALER. Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict. SECTION 4: SEVERABILITY. It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if any section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the remainder of this Ordinance shall be construed as not having contained said section, subsection, sentence, clause,or provisions and shall not be affected by such holding. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective upon passage on the second reading and signing by the Mayor. TheOrggranthNlinance No. 1377-19 was read and passed on the first readin: in an open and rgAiildi meeting'of. he City Council of the City of Zephyrhills,Florida,on this 6th day of August, 4019. fp Attests , 'l 011 ; Lori L. Hillman, City Clerk eth M. Burgess, ' ' o+t it President r • ter. Tlhegoin &nance No. 1377-19 was re.d and passed on the second l eading, following a public 14enj; in an open and regular meetin: o the City Council of the ity of Zephyrhills, Florida, on this 9th day of September, 2019. A s?C ` .,9 �.� �...: - Lori L. Hi1h ; City Clerkh M. Burgess,J o ! 1 President tit • The foregoing Ordinance No. 1377-19 was approved by me this 9th day of September, 2019. r /t t5 • 0 A G e Whitfield i' a.or Approved as to legal form and legal content for the reliance of the City of Zephyrhills only: //q Matthew E. Maggafd,City Attorney - 5 - EXHIBIT "A" ZONING DISTRICTS USES = CODE REFERENCE DEFINITION N Erg' N Cri N m g 4 ..l N Easa $ f 222ov �+ v7 TRANSPORTATION RELATED Uses related dire s!1,erd irdirectlyto the airport.Uses may include those related to tate-off and landing,maintenance facilities for aircraft.transit terminals,and other related Airport Related Services Ord.1358-18 services. Establishments offering twoing services llong distance Or local,for light or heavy motor vehicles.Establishments may provide incidental services such as storage and emergency Cornnerc a Park ng Structure 5 S S s 5 A r c S road repair services. Establishments providing transportation services for general freight via ground,air or rail transportation.These establishments may provide local pick-up,local sorting and terminal operations,line-haul,destination sorting and Fre ght—ranspertat on Ser.':es F F F terminal operations and local delivery. Local and suburban ground passenger transit system using more than one mode of transportation over regular routes Trans.t Center SFFFS 5 S 5 srd^r regular tohedules. ELECTRIC POWER RELATED =.tvpe of electric power collectioNtereratior facility that it dudes solar energy systems mounted on the ground that are utilised in the collection/storage/production of solar electric power as the primary or principal use of the property and whereby the power being So tar Electric Power collected/storediproducedIs being sold to an electric utility Cotleetion/Generation Faulrcy provider or beingcollectetl/stored/produced directly by an (Solar Farm) SE SE%/ Ord.1377-19 electric utility provider.