(A) Within the city no solar rights shall be created or redefined on or after August 1, 1981 except in conjunction with solar collectors which have been issued permits for solar rights under the terms of this article. The spatial and temporal limits of solar rights created or redefined on or after August 1, 1981, shall be defined by the permits for solar rights issued for solar collectors.
(B) Nothing in this article shall be construed to alter, amend, deny, impair, or modify any solar right, lease, easement, or contract right which has vested prior to August 1, 1981.
(C) A solar right is enforceable as an easement appurtenant against any person whose obstruction first infringed or was planned to infringe on such right after that person had knowledge or notice of the solar right.
(D) Transfer.
(1) A permit for solar rights is appurtenant to the real property upon which the related solar collector is situated; neither a solar right nor a permit for solar rights is transferable separately from the real property upon which the related solar collector is located unless the right is acquired for a public purpose by an entity which has power of eminent domain.
(2) Unless the document of conveyance otherwise specifies, when any real property for which an appurtenant solar right is claimed is transferred, the permit for solar rights shall be transferred with the realty, and the solar right shall be enforceable by the transferee in the same manner and to the same extent to which it was enforceable by the transferor.
(E) Termination or diminution of a solar right defined by a permit for solar rights which has been used shall be accomplished only by:
(1) Purchase of the right by the owner of the land burdened by it, i.e., merger of the dominant and servient tenements; or
(2) Voidance of all or part of a permit for solar rights by the Zoning Hearing Examiner, as specified in § 14-11-7, based on:
(a) Request of the owner of the permit and dominant tenement; or
(b) Abandonment; or
(3) Abandonment, as determined by a court of competent jurisdiction.
('74 Code, § 7-2-6) (Ord. 80-1981; Am. Ord. 2023-015)