Planning and Zoning

Best Management Practices

September 2014

Research for best practices regarding planning and zoning, including listing a

summary of findings with links to reports, documents, and references

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GO SOLAR FLORIDA ROOFTOP SOLAR CHALLENGE

Table of Contents

Acknowledgment ....3

Disclaimer ....3

Grant Requirements: Planning and Zoning ......3

Introduction .5

Planning, Zoning and Solar Rights 5

Planning and Zoning Special Considerations 6

Planning and Zoning Model Ordinances ..7

Planning and Zoning Best Management Practices ...8

Committee Formation and Operation ..8

Literature Search and Other Research .......9

Examination of Existing Zoning Ordinances/Development of Model Ordinance .. 9

Outreach to the General Public, HOAs, and Commercial Users ....9

Monitoring and Enforcement ....9

Continuing/Future Actions ...........9

References ..10

Exhibit 1: Section 163.04, Florida Statutes .......11

Exhibit 2: Section 704.07, Florida Statutes .......12

Exhibit 3: Section 718.113, Florida Statutes ........13

Exhibit 4: Model Zoning Ordinance .......14

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Acknowledgment

The information, data, and work presented herein were funded in part by the U.S. Department of Energy, Energy Efficiency and Renewable Energy Program, under Award Number DE-EE0006309.

Disclaimer

The information, data and work presented herein were funded in part by the U.S. Department of Energy (DOE), an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe upon privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.

Grant Requirements: Planning and Zoning

In 2011, the Broward County Go SOLAR Broward Rooftop Solar Challenge (RSCI) Statement of Project Objectives (SOPO) included the following objective:

Objective 4: Identify restrictive zoning ordinances and develop best practices regarding more favorable provisions.

Currently, the SOPO for the Rooftop Solar Challenge II (RSCII), also known as Go SOLAR Florida, requires a revision to the original Rooftop Solar Challenge (RSCI) objective and therefore the best management practices. The restated objective is:

Objective 3: Standardize solar-related zoning regulations.

Task 4.0: Revise Go SOLAR-Broward Planning and Zoning Best Management Practices to reflect new partner input.

Subtask 4.1: Review Project staff, supported by the Florida Atlantic University School of Urban and Regional Planning, will review planning and zoning ordinances in all new jurisdictions to identify potential barriers to Go SOLAR implementation. Issues such as historic designations will also be addressed.

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Subtask 4.2: Revise Go SOLAR Broward Planning and Zoning Best Management Practices and model zoning ordinance will be updated, if necessary.

This document is presented in fulfillment of Objective 3 and Subtasks 4.1 and 4.2.

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GO SOLAR BROWARD ROOFTOP SOLAR CHALLENGE/GO SOLAR FLORIDA

Introduction Planning, Zoning, and Solar Rights In December 2011, Broward County was awarded a $646,367 grant from the U.S. Department of Energy Rooftop Solar Challenge I (RSCI) to reduce the cost and permitting time associated with the installation of rooftop photovoltaic (PV) solar systems. Broward County partnered with fourteen (14) municipalities (Coconut Creek, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hillsboro Beach, Lauderdale-by-the-Sea, Miramar, North Lauderdale, Oakland Park, Pompano Beach, Sunrise, Tamarac), Unincorporated Broward County, School Board of Broward County, Florida Solar Energy Center, Florida Power and Light, Broward County Board of Rules and Appeals, Building Officials Association of Florida, and Broward League of Cities. The grants objectives included: developing a streamlined, online permitting process; identifying and eliminating zoning barriers; exploring financing options; and, educating the community about the economic and environmental benefits of solar power. In September 2013, Broward County was awarded a second grant of $1,575,000 from the U.S. Department of Energy Rooftop Solar Challenge II (RSCII). For this grant, Broward County is partnering with nine (9) additional Broward County municipalities (Cooper City, Hollywood, Lauderdale Lakes, Lauderhill, Lighthouse Point, Margate, Pembroke Pines, Plantation, and Wilton Manors), six (6) non-Broward jurisdictions (Alachua County, Miami-Dade County, Monroe County, Orange County, St. Lucie County and the City of Venice), the Florida Solar Energy Center (FSEC), and Florida Atlantic University (FAU). This document focuses on planning and zoning initiatives that promote solar technology, while recognizing barriers may exist that prevent or limit residential and commercial property owners from installing solar energy devices. Specific to the purpose of this document, such barriers may include regulations that restrict homeowners and businesses from installing rooftop PV panels. Examples include zoning regulations (e.g., height limitations) or private restrictions such as those improperly administered by condominium or homeowners associations (HOAs). Section 163.04, Florida Statutes, (Exhibit 1) prohibits any local governing body or community association from adopting ordinances, deed restrictions, covenants, or similar binding agreements that prevent the installation of rooftop solar equipment. Under this law, a homeowner may not be denied permission to install a solar PV system or other renewable energy device. However, certain restrictions may be imposed provided the solar installation is not effectively barred.

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In Broward County and elsewhere, many communities are governed by HOAs that assert the authority to restrict changes to the exterior of homes. Pursuant to Section 163.04, Florida Statutes, an HOA may not prohibit the installation of solar collectors. An HOA may determine the location on the roof where solar collectors are installed, if the determination does not restrict the effective operation of the solar collectors. Section 704.07, Florida Statutes, (Exhibit 2) describes solar easements. The purpose of a solar easement is to maintain sunlight exposure to a solar energy device. Section 718.113, Florida Statutes, (Exhibit 3) provides that the board of a condominium or a multicondominium association, without approval of the unit owners, may install upon or within the common elements or association property solar collectors, clotheslines, or other energy-efficient devices based on renewable resources for the benefit of the unit owners. In order to strike a balance between solar rights and barriers to rooftop solar installations imposed by local zoning ordinances and HOA restrictions, the Go SOLAR Broward Rooftop Solar Challenge (RSCI) Planning and Zoning Committee (PZC) was formed. The PZC worked with staff representatives from the fourteen (14) municipal partners and other interested parties to examine zoning ordinances and potential issues related to HOAs. Broward County and partner municipalities developed a model zoning ordinance, adopted solar-friendly amendments to their respective zoning codes, as needed, and prepared a best management practices document. Under Go SOLAR Florida (RSCII), a Planning and Zoning Team has been formed to review and revise the model zoning ordinance (Exhibit 4) and the Planning and Zoning Best Management Practices document, if required. This revised document identifies planning and zoning best management practices based on lessons learned through the previous Go SOLAR Broward Rooftop Solar Challenge (RSCI) grant, standards developed by other jurisdictions nationwide and other guidance documents. The revised best management practices are intended to promote rooftop solar installations, locally, regionally and statewide.

Planning and Zoning Special Considerations While the legislation cited relates to the Florida Statutes, many states throughout the country have legislation that impacts solar installations with respect to solar rights, solar easements and solar access. Most notable are: Hawaii, Massachusetts, New Jersey and New Mexico. Additionally, some local jurisdictions in states such as Michigan, Oregon, Colorado, California, and Wisconsin have addressed these issues through ordinances. (See REFERENCES on Page 10) In addition to solar rights, easements and homeowner associations, there are numerous other planning and zoning issues that impact solar installations. For example, tree protection, historic preservation and zoning ordinances may limit a prop