Agenda Item Name:
Title
Request to Advertise: Solar Facilities Unified Land Development Code (ULDC) Update
End
Presenter:
Jeffrey Hays, AICP
Description:
A request to advertise a proposed amendment to the ULDC to conform regulation of Solar Facilities with recently adopted state law.
Recommended Action:
Recommended Action
Direct staff to advertise a public hearing for the proposed ULDC revision for Solar Facilities.
End
Prior Board Motions:
NA
Fiscal Consideration:
Fiscal Consideration
Sufficient budget exists to advertise public hearing in account 008.65.6500.554.49.04.
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Background:
Senate Bill (SB) 896 went into effect on July 1, 2021 after it was passed by the Florida Legislature and signed by the Governor. SB 896 requires local governments to allow “Solar Facilities” as permitted uses in agricultural zoning districts in the unincorporated area and limits the extent to which they can be regulated to “setback and landscaped buffer area criteria for other similar uses in the agricultural district.” The statutory preemption did provide for an exemption for “any site that was the subject of an application to construct a solar facility submitted to a local governmental entity before July 1, 2021.”
In order to comply with the new state law, Staff has prepared revisions to the ULDC that:
1) Define Solar Facilities consistent with state statute
2) Allow Solar Facilities as a permitted use in the Agriculture zoning district with the exception of sites for which special exceptions for Solar Facilities had been submitted prior to 7/1/2021.
3) Prescribe a 75’ wide high density buffer on both Solar Facilities and Major Utilities unless otherwise approved through a special exception.