City of Cornelius, OR Chapter 18.165 SOLAR ACCESS PERMIT

§ 18.165.010 Purpose.

The purpose of this chapter is to protect solar access to solar features on lots designated or used for a single-family detached dwelling under some circumstances. It authorizes owners of such lots to apply for a permit that, if granted, prohibits solar features from being shaded by certain future vegetation on and off the permittee's site.

(Ord. 810, 2000; Code 2000 § 11.40.37)

§ 18.165.020 Applicability.

An owner or contract purchaser of property may apply for and/or be subject to a solar access permit for a solar feature if that property is in an R-7 or R-10 zone, or is or will be developed with a single-family dwelling. The city's decision whether or not to grant a solar access permit is intended to be ministerial.

(A) Approval Standards for a Solar Access Permit. The community development director or his designee shall approve an application for a solar access permit by a Type I procedure if the applicant shows:

(1) The application is complete;

(2) The information it contains is accurate; and

(3) Nonexempt vegetation on the applicant's property does not shade the solar feature.

(B) Duties Created by Solar Access Permit.

(1) A party to whom the city grants a solar access permit shall:

(a) Record the permit, legal descriptions of the properties affected by the permit, the solar access height limit, and the site plan required in subsection (C)(3) of this section, with such modifications as required by the community development director, in the office of the county recorder with the deeds to the properties affected by it, indexed by the names of the owners of the affected properties, and pay the fees for such filing;

(b) Install the solar feature in a timely manner as provided in subsection (F) of this section; and

(c) Maintain nonexempt vegetation on the site so it does not shade the solar feature.

(2) An owner of property burdened by a solar access permit shall be responsible and pay all costs for keeping nonexempt vegetation from exceeding the solar access height limit. However, vegetation identified as exempt on the site plan required in subsection (C)(3) of this section, vegetation an owner shows was in the ground on the date an application for a solar access permit is filed, and solar friendly vegetation are exempt from the solar access permit.

(C) Application Contents. An application for a solar access permit shall contain the following information:

(1) Unless part of a proposed subdivision, a legal description of the applicant's lot and a legal description, owners' names, and owners' addresses for lots, all or a portion of which are within 150 feet of the applicant's lot and 54 degrees east and west of true south measured from the east and west corners of the applicant's south lot line. The records of the Washington County department of assessment and taxation shall be used to determine who owns property for purposes of an application. The failure of a property owner to receive notice shall not invalidate the action if a good faith attempt was made to notify all persons who may be affected.

(2) A scaled plan of the applicant's property showing:

(a) Vegetation in the ground as of the date of the application if, when mature, that vegetation could shade the solar feature.

(b) The approximate height above grade of the solar feature, its location, and its orientation relative to true south.

(3) A scaled plan of the properties on the list required in subsection (C)(1) of this section showing:

(a) Their approximate dimensions; and

(b) The approximate location of all existing vegetation on each property that could shade the solar feature(s) on the applicant's property.

(4) For each affected lot, the requested solar access height limit. The solar access height limit is a series of contour lines establishing the maximum permitted height for nonexempt vegetation on lots affected by a solar access permit (see Figure 11 following Chapter 18.165 CMC). The contour lines begin at the bottom edge of a solar feature for which a permit is requested and rise in five-foot increments at an angle to the south not less than 21.3 degrees from the horizon and extend not more than 54 degrees east and west of true south. Notwithstanding the preceding, the solar access height limit at the northern lot line of any lot burdened by a solar access permit shall allow nonexempt vegetation on that lot whose height causes not more shade on the benefitted property than could be caused by a structure that complies with Chapter 18.160 CMC, Solar Balance Point, for existing lots.

(5) A fee as required by resolution of the city council. If reviewed in conjunction with a proposed subdivision, no additional fee shall be charged, and the application will be processed consistent with subdivision regulations.

(6) If available, a statement signed by the owner(s) of all of the property(ies) to which the permit will apply if granted, verifying that the vegetation shown on the plan submitted pursuant to subsection (C)(3) of this section accurately represents vegetation in the ground on the date of the application. The city shall provide a form for that purpose. The signed statements provided for herein are permitted but not required for a complete application.

(D) Application Review Process.

(1) Unless waived by the community development director, prior to filing an application for a solar access permit, an applicant's representative shall pay the required application fee and meet with the community development director to discuss the proposal and the requirements for an application. If a meeting is held, the community development director shall convey a written summary of the meeting to the applicant by mail within five calendar days of the meeting.

(2) After the pre-application meeting is held or waived, the applicant may file an application containing the information required in subsection (C) of this section.

(3) Within five working days after an application is filed, the community development director shall determine whether the application is complete and, if it is not complete, notify the applicant in writing, and specify what is required to make it complete.

(4) Within 14 calendar days after the responsible official decides an application for a solar access permit is complete, the community development director shall issue a written decision tentatively approving or denying the request, together with reasons therefor, based on the standards of subsection (A) of this section.

(a) If the tentative decision is to deny the permit, the responsible official shall mail a copy of the decision to the applicant.

(b) If the tentative decision is to approve the permit, and the owners of all affected properties did verify the accuracy of the plot plan as permitted under subsection (C)(6) of this section, the community development director shall mail a copy of the decision to the applicant and affected parties by certified mail, return receipt requested.

(c) If the tentative decision is to approve the permit, and the owners of all affected properties did not verify the accuracy of the plot plan as permitted under subsection (C)(6) of this section, the community development director shall send a copy of the tentative decision to the applicant and to the owners of affected properties who did not sign the verification statement pursuant to subsection (C)(6) of this section, by certified mail return receipt requested. If the community development director determines that the owners of a given property affected by the permit are not the occupants of that property, then the community development director also shall send a copy of the notice to the occupants of such property.

(i) The notice sent to the applicant shall include a sign that says a solar access permit for the property has been tentatively approved, and that informs readers where to obtain more information about it. The applicant shall be instructed to conspicuously post the sign so it is visible from right-of-way adjoining the property, and to sign and return a form provided by the community development director certifying that the sign was posted as provided herein not more than 14 days after the tentative decision was mailed.

(ii) The notice shall include the plot plans required in subsections (C)(2) and (3) of this section, the proposed solar access height limits and duties created by the permit.

(iii) The notice shall request recipients to verify that the plot plan shows all nonexempt vegetation on the recipient's property, and to send the community development director comments in writing within 14 calendar days after the tentative decision is mailed if the recipient believes the applicant's plot plan is inaccurate.

(d) Within 28 days after notice of a tentative decision is mailed to affected parties, the community development director shall consider responses received from affected parties and/or an inspection of the site, modify the plot plan and the permit to be consistent with the accurate information, and issue a final decision. The community development director shall send a copy of the permit and solar access height limits to the owners of each property affected by the permit.

(5) If the application is approved, the applicant shall record the permit, associated solar access height limits, legal descriptions for the affected properties, and the site plan required in subsection (C)(3) of this section, with such modifications as required by the community development director, in the office of the county recorder with the deeds to the properties affected by it before the permit is effective.

(E) Permit Enforcement Process.

(1) Enforcement Request. A solar access permittee may request the city to enforce the solar access permit by providing the following information to the community development director:

(a) A copy of the solar access permit and the plot plans submitted with the permit; and

(b) The legal description of the lot(s) on which alleged nonexempt vegetation is situated, the address of the owner(s) of that property, and a scaled site plan of the lot(s) showing the nonexempt vegetation; and

(c) Evidence the vegetation violates the solar access permit such as a sunchart photograph, shadow pattern, and/or photographs.

(2) Enforcement Process. If the community development director determines the request for enforcement is complete, he or she shall initiate an enforcement action pursuant to CMC § 18.05.090; provided, the community development director shall not enforce the permit against vegetation the owner of which shows was in the ground on the date the permit application was filed with the city.

(F) Expiration and Extension of a Solar Access Permit.

(1) Expiration. Every permit issued by the community development director under the provisions of this chapter shall expire if the construction of the solar feature protected by such permit is not commenced within of 180 days from the date of such permit, or if the construction of the solar feature protected by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. If the permittee does not show construction of the solar feature will be started within of 180 days of the date of the permit or the extension, or if the solar feature is removed, the community development director shall terminate the permit by recording the notice of expiration in the office of the county recorder with the deeds to the affected properties. If attached to a subdivision, it shall expire with the plat.

(2) Extension. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this section for good and satisfactory reasons. The community development director may extend the time for action by the permittee for a period not exceeding of 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.

(Ord. 810, 2000; Code 2000 § 11.40.38; Ord. 841 Exh. 2, 2003)