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INDIAN RIVER COUNTY, FLORIDA <br />MEMORANDUM <br />TO: Jason E. Brown; County Administrator <br />THROUGH: Phillip J. Matson, AICP; Community Development Director <br />FROM: Ryan Sweeney; Chief, Current Development <br />DATE: January 7, 2022 <br />SUBJECT: Consideration of Land Development Regulation (LDR) Amendments to Sections <br />901.03 and 911.06 Allowing Solar Facilities as a Permitted Use in all Agricultural <br />Zoning Districts <br />It is requested that the data herein presented be given formal consideration by the Board of County <br />Commissioners (BCC) at its regular meeting of January 18, 2022. <br />BACKGROUND <br />During the 2021 Legislative session, the Florida Legislature enacted SB 896, which requires solar <br />facilities to be a permitted use in all agricultural zoning districts within an unincorporated area. Per <br />the new state statute, solar facilities are required to comply with the setback and landscaped buffer <br />area criteria for other similar uses in the agricultural districts. <br />Under the new statute, which is section 163.3205, Florida Statutes, solar facilities are production <br />facilities for electric power that 1) use photovoltaic modules to convert solar energy to electricity that <br />may be stored on site, delivered to a transmission system, and consumed primarily offsite; 2) consist <br />principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, <br />collection systems, battery systems, fire suppression equipment, and associated components; and 3) <br />may include accessory administration or maintenance buildings, electric transmission lines, <br />substations, energy storage equipment, and related accessory uses and structures. <br />On November 9, 2021, the Board of County Commissioners (BCC) directed staff to proceed with a <br />County -initiated land development regulation (LDR) amendment to allow solar facilities as a <br />permitted use in all agricultural zoning districts. <br />PLANNING AND ZONING COMMISSION (PZC) RECOMMENDATION: <br />At its December 9, 2021 meeting, the PZC conducted a public hearing and considered the proposed <br />ordinance. The PZC voted 6-0 to recommend that the BCC adopt the proposed ordinance (see <br />attachment 1). <br />The BCC is now to consider the proposed solar facilities ordinance and adopt, adopt with <br />modifications, or deny the ordinance at a second (future) public hearing for final adoption. <br />128 <br />