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Home My WebLink AboutO-13944City of Miami l i , J'f Legislation Ordinance: 13944 File Number: 7676 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/19/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS"; ARTICLE 3, SECTION 3.5.3, TITLED "GENERAL TO ZONES"; AND ARTICLE 5, TITLED "SPECIFIC TO ZONES", PARTICULARLY, BY AMENDING SECTION 5.4.2, TITLED "BUILDING CONFIGURATION (T4)", SECTION 5.5.2, TITLED "BUILDING CONFIGURATION (T5)", SECTION 5.6.2, TITLED "BUILDING CONFIGURATION (T6)", SECTION 5.8.2, TITLED "BUILDING CONFIGURATION (CI -HD)", SECTION 5.9.2, TITLED "BUILDING CONFIGURATION (D)", AND SECTION 5.10.2, TITLED "BUILDING CONFIGURATION (D3)" TO PROVIDE FOR A DEFINITION OF SOLAR EQUIPMENT; CREATING STANDARDS FOR SITING AND SCREENING SOLAR EQUIPMENT IN THE T4, T5, T6, CI -HD, D1, D2, AND D3 TRANSECT ZONES; PROVIDING FOR AN EXEMPTION FROM HEIGHT LIMITATIONS FOR SOLAR EQUIPMENT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell, Commissioner Joe Carollo WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on July 15, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-027 by a vote of nine to zero (9-0), Item No. PZAB.7, recommending approval of this Miami 21 Code text amendment as proposed herein; and WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, solar equipment may provide lighting, water -heating, or power, which reduces dependence on fuels that contribute to global climate change; and WHEREAS, distributed solar energy may provide resilient distributed power options after tropical storm events; and WHEREAS, the State of Florida ranks ninth in the nation in terms of solar potential by the United States Department of Energy's National Renewable Energy Laboratory; and WHEREAS, expanding renewable energy is a goal of the Greater Miami & the Beaches Resilient305 strategy; and WHEREAS, the Miami 21 Code should be amended to clarify and facilitate construction, installation, and operation of solar equipment while minimizing impacts on neighbors; and City of Miami Page 1 of 5 File ID: 7676 (Revision:) Printed On: 121112020 File ID: 7676 Enactment Number: 13944 WHEREAS, the Miami 21 Code does not currently contain standards for screening and placement of solar equipment; and WHEREAS, consideration has been given to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City of Miami ("City") regulations; and WHEREAS, consideration has been given to the need and justification for the passage of the proposed changes, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to approve the amendment as specified herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Article 1 of the Miami 21 Code is further amended in the following particulars:' "ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS Solar Equipment: A device or structural design feature, the predominant purpose of which is to provide daylight for interior lighting or provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating. Section 3. Article 3 of the Miami 21 Code is further amended in the following particulars:' "ARTICLE 3. GENERAL TO ZONES 3.5.3 Except as specifically provided herein, the Height limitations of this Code shall not apply to any Solar Equipment or roof Structures for housing elevators, stairways, tanks, ventilating fans, selaY eReF y GGIIeGtGFS or similar equipment required to operate and maintain the Building_ s Roof Structures shall not cover more than twenty percent (20%) of roof area 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 5 File ID: 7676 (Revision:) Printed on: 121112020 File ID: 7676 Enactment Number: 13944 for T4 and T5. Solar Equipment may cover an entire roof area. j ReFtChurch spires, steeples, belfries, monuments, water towers, flagpoles, vents, or similar Structures, wh+eh may be allowed to exceed the maximum Height by Waiver;. Apr to Fire or parapet walls, which shall not extend more than five (5) feet above the maximum Height in T4 and T5 and ten (10) feet in T6 and Districts are allowed. Section 4. Article 5 of the Miami 21 Code should be further amended in the following particulars: I "ARTICLE 5. SPECIFIC TO ZONES 5.4.2 Building Configuration (T4) i. All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be placed within the line of the Facade or behind the Streetscreen. On the roof, a screen wall shall conceal all equipment except antennas from lateral view. Solar Equipment shall be screened unless screening diminishes performance by greater than fifteen percent (15%) and the Solar Equipment cannot be feasibly relocated. Exhaust air fans and louvers may be allowed on the Fagade only on Secondary Frontages above the first Floor. 5.5.2 Building Configuration (T5) i. All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be placed within the line of the Facade or behind the Streetscreen. On the roof, a screen wall shall conceal all equipment except antennas from lateral view. Solar Equipment shall be screened unless screening diminishes performance by greater than fifteen percent (15%) and the Solar Equipment cannot be feasibly relocated. Exhaust air fans and louvers may be allowed on the Fagade only on Secondary Frontages above the first Floor. 5.6.2 Building Configuration (T6) i. All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be placed within the line of the Facade or behind the Streetscreen. On the roof, a screen wall shall conceal all equipment except antennas from lateral view. Solar Equipment shall be screened unless screening diminishes performance by areater than fifteen Dercent (15%) and the Solar Eauipment cannot be feasiblv relocated. City of Miami Page 3 of 5 File ID: 7676 (Revision:) Printed on: 121112020 File ID: 7676 Enactment Number: 13944 Exhaust air fans and louvers may be allowed on the Fagade only on Secondary Frontages above the first Floor. 5.8.2 Building Configuration (CI -HD) e. It is recommended that all ground floor and rooftop utility infrastructure, outdoor storage, elec- trical, plumbing, mechanical, Solar Equipment, and communications equipment and appurtenant enclosures be concealed from view from any Frontage or Sidewalk. 5.9.2 Building Configuration (D) g. Flat roofs shall be enclosed by parapets of a minimum Height required to conceal mechanical equipment. Solar Equipment shall be screened unless screening diminishes performance by greater than fifteen percent (15%) and the Solar Equipment cannot be feasibly relocated. Other ornamental Building features may extend up to three and a half (3.5) feet above the maximum Building Height. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions above the maximum Height for stair, elevator and mechanical enclosures or ornamental purposes only shall be permitted by process of Waiver. 5.10.2 Building Configuration (D3) g. Mechanical equipment on a roof shall be enclosed by parapets of a minimum Height required to conceal mechanical equipment. Solar Equipment shall be screened unless screening diminishes performance by greater than fifteen percent (15%) and the Solar Equipment cannot be feasibly relocated. Other ornamental Building features may extend above the maximum Building Height. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions above the maximum Height for stair, elevator and mechanical enclosures or ornamental purposes only shall be permitted by process of Waiver. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. City of Miami Page 4 of 5 File ID: 7676 (Revision:) Printed on: 121112020 File ID: 7676 Enactment Number: 13944 Section 7. This Ordinance shall be effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i " 4naindez, ity ttor ey 10/812020 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later City of Miami Page 5 of 5 File ID: 7676 (Revision:) Printed on: 121112020