The provisions of this article are optional and are intended as a protection from shading of solar equipment (passive and active) by adjacent vegetation. An owner of property in the Single-Family, Medium Density or Apartment Residential Zones may apply for and be subject to a solar access permit.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
Exempt Vegetation.
All vegetation over 15 feet in height at the time a solar access permit is applied for.
Northern Lot Line.
Any lot line or lines less than 45 degrees southeast or southwest of a line drawn east-west and intersecting the northernmost point of the lot. If the northern lot line adjoins any unbuildable area (e.g., street, alley, public right-of-way, parking lot, or common area) other than a required yard area, the northern lot line shall be that portion of the northerly edge of the unbuildable area which is due north from the actual northern edge of the applicant's property.
Solar Envelope.
A three-dimensional surface which covers a lot and shows, at any point, the maximum height of a permitted structure which protects the solar access of the parcel(s) to the north.
Solar Heating Hours.
The hours and dates during which solar access is protected by a solar access permit, not to exceed those hours and dates when the sun is lower than 24 degrees altitude and greater than 70 degrees east and west of true south.
Sunchart.
Photographs or drawings which plot the position of the sun during solar heating hours. The sunchart shall contain at a minimum the southern skyline as seen through a grid which plots solar altitude for a 42 degree northern latitude in 10-degree increments and solar azimuth measured from true south in 15-degree increments. If the solar energy system is less than 20 feet wide, a minimum of one sunchart shall be taken from the bottom edge of the center of the solar energy system. If the solar energy system is greater than 20 feet wide, a minimum of two suncharts shall be taken, one from the bottom edge of each end of the solar energy system.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A solar access permit application shall be on forms provided by the City and shall include:
A. 
A legal description of the lot on which the solar energy system is or will be situated and proof that the applicant is the owner of the lot.
B. 
Evidence that a solar energy system is installed or a written commitment to install the proposed energy system within one year of the effective date of the permit.
C. 
A scaled drawing of the solar energy system showing the system's dimensions.
D. 
A sunchart.
E. 
The solar heating hours for which protection is sought.
F. 
A list of the lots, all or a portion of which, are within 150 feet as measured within 55 degrees east or west of true south (19 degrees east of magnetic south) of the solar energy system, including unbuildable areas and existing vegetation.
G. 
A plan of the applicant's property, drawn to scale, showing the location of the following: vegetation shown on a sun chart; other vegetation that may shade the solar energy system; and the solar energy system, its height above grade, distance from property lines and orientation from true south.
H. 
A description of the requested solar envelope.
I. 
Evidence that the height of the requested solar envelope at the northern lot line of the neighboring properties is not less than the permitted height of structures.
J. 
Evidence that the solar energy system will be situated on the applicant's property so other neighboring properties affected by the permit are restricted to the minimum extent practicable.
K. 
An application fee, as set by resolution of the City Council.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A. 
An applicant for a solar access permit shall submit an application, on a form approved by the Director. The application with all required forms will be processed according to Section 10.805, Administrative review—Staff review procedures.
B. 
If the permit is approved, the permittee shall record the permit in the chain of title for every property affected by the permit. The permit shall only be effective against those properties for which the permit is recorded.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
Prior to making a decision granting approval, approval with conditions, or denial of the requested solar access permit, the Director shall analyze the following criteria and incorporate such analysis in his or her decision:
A. 
The solar access permit is in conformance with the Comprehensive Plan and all other provisions of Chapters 10 to 14.
B. 
The solar access permit would not unreasonably restrict the use and planting of vegetation on adjacent, presently underdeveloped property.
C. 
The solar access permit would not materially restrict a substantial property right possessed by other property owners under like conditions in the same vicinity and zone.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A. 
A solar access permit holder may request that the Director review the provisions of the solar access permit by providing the following information to the Director:
1. 
A copy of the solar access permit.
2. 
A new sunchart documenting that nonexempt vegetation is shading the solar energy system during protected solar heating hours.
3. 
The legal description of the lot on which the alleged nonexempt vegetation is situated.
4. 
Evidence that the solar energy system still exists and is operating.
5. 
Evidence that no vegetation on the permittee's property is violating the terms of the solar access permit.
6. 
If the permittee allows nonexempt vegetation to encroach 10 feet or more into his or her protected area before filing a request for permit enforcement, the request for enforcement shall be denied.
B. 
If the Director finds that the permittee's request for review is complete and accurate, the Director may notify by registered mail to the last known address the owner of the property on which the alleged shading vegetation or structure is situated. The notice shall include information submitted by the permittee to the Director under subsection A; a description of the rights and responsibilities of the affected property owner under the provisions of the solar access permit; and a request by the Director to meet with the affected property owner, or his or her representative, within 14 days of the date the notice was mailed to review the alleged violation.
C. 
If a time frame and method for the trimming, removal or transplanting of the offending vegetation cannot be agreed to by both the permittee and affected property owner, or if no meeting is requested by the affected property owner within the 14-day time period, then the permittee may bring an appropriate action in a court of competent jurisdiction.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
The solar access permit shall automatically become null and void if the solar energy system, in original, modified or replaced form, is disconnected or nonfunctioning for 365 consecutive days. The City shall record a notice of termination in the chain of title for each property that was affected by the permit within 30 days of notification that their system has been disconnected or nonfunctioning for 365 consecutive days.
(Ord. 17-10, 2017; Ord. 22-13, 2022)