[Amended 1981 by Ord. No. 82]
The ordinance codified in this article is adopted
pursuant to and in accordance with the authority vested in the Town
Council of the Town by WS §§ 15-1-601 through 15-1-611
and §§ 34-22-101 through 34-22-106, Wyoming Statutes,
as amended.
The ordinance codified in this article shall
be known and may be cited as the "Solar Rights Ordinance of Pinedale,
Wyoming."
The purpose of this article is to protect the
health, safety and general welfare of the community by encouraging
the use of solar energy systems. The overall objective of these regulations
is to provide adequate protection from interference by structures,
trees or topography. It is the intent of this article to provide a
means of protection for the use of solar collectors without causing
undue hardships on the rights of adjacent property owners and to establish
solar collectors as a permitted use in all zoning or land use districts.
The following words, terms and phrases are defined
and shall be interpreted in the same fashion throughout this article:
One of the following which is capable of collecting, storing
or transmitting at least 25,000 Btu's on a clear winter solstice day:
A wall, clerestory or skylight window designed
to transmit solar energy into a structure for heating purposes;
A greenhouse attached to another structure and
designed to provide part or all of the heating load for the structure
to which it is attached;
A Trombe wall, drum wall or other wall or roof
structural element designed to collect and transmit solar energy into
a structure;
A photovoltaic collector designed to convert
solar energy into electric energy;
A plate-type collector designed to use solar
energy to heat air, water or other fluids for use in hot water or
space heating or other applications;
A massive structural element designed to collect
solar energy and transmit it to internal spaces for heating; or
Other devices or combination of devices which
rely upon sunshine as an energy source.
A property right to an unobstructed line-of-sight path from
a solar collector to the sun which permits radiation from the sun
to impinge directly on the solar collector. The extent of the solar
right shall be described by that illumination provided by the path
of the sun on the winter solstice day which is put to a beneficial
use or otherwise limited by these regulations.
The solstice on or about December 21st which marks the beginning
of winter in the northern hemisphere and is the time when the sun
reaches its southernmost point.
A.
Except as otherwise provided by these regulations,
it is unlawful for any person to erect a building or other structure,
or to allow a tree, shrub or other vegetation to cast a shadow upon
a solar collector which is greater than the shadow cast by a hypothetical
ten-foot-high wall located along the property lines, between the hours
of 9:00 a.m. and 3:00 p.m., Mountain standard time, on the winter
solstice day.
B.
Solar collectors shall be located on the solar user's
property in accordance with the setbacks or minimum yard and height
requirements for structures in each zoning district, as established
by the provisions of other articles of this chapter. They shall also
be located so as not to unreasonably or unnecessarily restrict the
uses of neighboring property.
Structures or vegetation which existed prior to the time of installation of the solar energy collection system or the effective date of the ordinance codified in this article shall not be subject to the requirements of § 475-212.
[Amended 8-23-2010 by Ord. No. 461]
Any person desiring to erect any structure,
or increase the height of any structure, or permit the growth of any
tree or other vegetation, or otherwise use their property, not in
conformance with this article, may apply for a variance from the Planning
and Zoning Commission as established by this chapter. A variance shall
not be approved by the Planning and Zoning Commission unless it finds:
A.
That there are special circumstances or conditions,
fully described in the findings of the Planning and Zoning Commission,
applying to the land, vegetation or building for which the adjustment
is sought, which circumstances or conditions are peculiar to the land,
vegetation or building and do not apply generally to land, vegetation
or buildings in the neighborhood, and have not resulted from any act
of the applicant subsequent to the adoption of the ordinance codified
in this article; and
B.
That, for reasons fully set forth in the findings
of the Planning and Zoning Commission, the circumstances or conditions
are such that the strict application of the provisions of this article
would deprive the applicant of the reasonable use of the land, vegetation
or building, that the granting of the adjustment is necessary for
the reasonable use of the land, vegetation or building, and that the
adjustment as granted by the Planning and Zoning Commission is the
minimum adjustment that will accomplish this purpose; and
C.
That the granting of the adjustment will be in harmony
with the general purposes and intent of this article, will not be
injurious to the neighborhood or otherwise detrimental to the public
welfare, and will not unduly reduce the effectiveness of this article
in attempting to promote the use of solar energy systems.
The Town Council shall be responsible for the
administration and enforcement of this article. For this purpose,
there shall be an authorized individual appointed by the Mayor with
the advice and consent of the Town Council. The Town shall administer
such other persons and moneys for the purposes of this article as
the Town Council may provide. The authorized staff person shall:
A.
Establish and administer rules and procedures for
conducting the purposes of this article, to include the development
of the necessary forms and development of any necessary procedures
not described by this article;
B.
Coordinate with other officials, the Planning and
Zoning Commission and the Town Council in the administration and enforcement
of this article;
[Amended 8-23-2010 by Ord. No. 461]
C.
Receive and review all applications for solar access
permits and approve or disapprove such permit requests based on their
conformance with the provisions of this article;
D.
Receive all requests for variance from the provisions
of this article, notify the Town Council and the Chief Building Inspector
of the request, and transmit the request along with the record of
the denial, order or requirement from which the appeal or request
was made to the Planning and Zoning Commission, subject to receipt
from the applicant of the necessary fees;
[Amended 8-23-2010 by Ord. No. 461]
E.
Participate, when deemed appropriate, in all meetings
before the Planning and Zoning Commission;
[Amended 8-23-2010 by Ord. No. 461]
F.
Make any necessary examinations or studies relative
to the use of land, vegetation or structures to determine compliance
with and appropriateness of these regulations;
G.
Maintain such records and files as may be necessary
in the efficient conduct of the duties set out in this section.
This article shall not be construed to hold
the Town or its authorized representatives responsible for any damage
to persons or property by reason of the inspection or reinspection
authorized in this article or failure to inspect or by reason of issuing
a solar access permit as provided in this article.
No person, firm or corporation shall locate,
erect, construct, reconstruct, enlarge, change, maintain or use any
solar device, building, landscaping or use any land in violation of
this article.
The authorized Town representative shall order
in writing the remedying of any violation. Such order shall state
the nature of the violation, the provision of this article violated
and the time by which the violation must be corrected. After any such
order has been served, no work shall proceed on any solar device,
structure or tract of land covered by such an order except to correct
such violation or to comply with the order.
This article shall be enforceable, in addition
to the other civil remedies provided by law, by injunction, mandamus
or proceedings in abatement.
