[Ord. No. 669, 3-27-1985; CC 2000 §4-1401]
In order to protect the health, safety and welfare of the inhabitants of Mission and preserve the integrity of the physical and visual environment, the use of solar energy systems shall be bound by this Article.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1402]
As used in this Article, the following terms shall have the following meanings, unless otherwise stated or reasonably required by the context:
SOLAR ACCESS
Access to the envelope of airspace exposed to the face of any solar energy system through which the sun passes and which allows the solar energy system to function. Such access is necessary to any solar energy system.
SOLAR AIRSPACE ENVELOPE
That volume of airspace whose lower limits are defined by a plane sloping upward to the south at an angle of twenty-two degrees (22°) from the horizontal, measured from the bottom of the solar collector system and whose lateral limits are defined by planes which correspond to the direct rays of the sun on each end (east and west) of the solar collector system at nine hundred (900) hours and sixteen hundred (1,600) hours solar time from September twenty-first (21st) through April twenty-first (21st).
SOLAR COLLECTOR
Both passive and active systems. An active collector shall include panels designed to collect and transfer solar energy into heated water, air or electricity. Passive collectors shall include windows and window-walls which admit solar rays to obtain direct heat or to obtain heat for storage. Such windows and window-walls of passive systems may extend to ground level. Greenhouses, atriums and solariums are included in this definition.
SOLAR EASEMENT
An easement arising by agreement between property owners and establishing the solar airspace envelope within which building and vegetation obstructions are prohibited.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1403]
A. 
Solar energy systems shall adhere to the following requirements:
1. 
Solar collection panels or devices may be placed in the rear yard of any lot provided that the required setback distances are observed.
2. 
Solar collection panels or devices when positioned atop the roof of any structure shall be placed in the roof section of a structure that provides the most indirect exposure or the least visibility to the front lot line and the adjacent public street right-of-way. The device shall be placed so that its highest point does not exceed the highest elevation of the corresponding roof line of the structure.
3. 
Any solar energy system incorporated into a new residential facility shall be integrated into the basic form and main structure of the residence and shall be roof mounted and not "standoff" or "rack" mounted.
4. 
Solar energy system components shall be accessible for required routine maintenance without trespassing on adjoining property or disassembling any major portion of the structure of a building or appurtenance.
5. 
Solar energy system components shall not be located so as to interfere with the operation of required doors, windows or other building components.
6. 
All such energy systems mounted on accessory structures shall conform to the requirements as defined in the above paragraphs relating to placement.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1404]
Before any solar energy system or equipment is installed, a solar energy permit shall be obtained from the City. Such permit shall be issued only upon submission of detailed drawings and installation of the system and complying with all the requirements of this Article. If the solar system construction is a part of other construction, it may be incorporated with the building permit.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1405]
A. 
The requirements established by this Article shall not be retroactive. All systems installed after the date of passage of Ordinance No. 669 shall be bound by its requirements.
B. 
A property owner who wishes to construct a solar energy system may enter into a solar easement agreement with adjacent property owner whose property contains an obstruction to solar access, however, the property owner is not required to grant such easement.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1406]
In order to preserve and protect the solar access across contiguous or nearby property, "solar easements" may be formulated. Such easements shall establish the solar airspace envelope within which building and vegetation obstructions are prohibited. Solar easements shall comply with State law including, but not limited to, K.S.A. Section 58-301 and K.S.A. Section 58-302 regulating the creation of solar easements, recordation and content. Such easement shall be an agreement between property owners and may be initiated by the owner of a proposed solar energy system.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1407]
All appeals involving solar easements or any appeal to the rules and regulations of this Article shall be filed with the Board of Zoning Appeals. Both parties affected by a proposed solar energy system — the owner of the solar energy system and the owner of the property on which the burden of the easement falls — shall have the right to appeal. All appeals shall include engineering drawings and schedule showing the solar energy system and the solar airspace envelope and such appeals must demonstrate that the layout of the solar energy system on the site has been maximized. Such appeals shall be filed within thirty (30) days from the date of any adverse decision by the City in applying the rules and regulations of this Article. Any appeals between adverse landowners regarding the application of solar easements shall be made within thirty (30) days from the date the parties become aware of their adverse positions. The provisions of this Section shall not in any way limit the rights of persons to seek other legal remedies which may be available to them as allowed by law.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1408]
Any person violating the provisions of this Article without approval of the Board of Zoning Appeals as set forth in Section 505.550 may be fined an amount up to one hundred dollars ($100.00) or ten (10) days in jail, or both. Each day shall constitute a separate violation.