(A) General practices. The general purposes of this chapter are to protect access to direct sunlight for solar energy systems and to permit use of solar energy systems to help offset the projected scarcity and high cost of conventional fuels.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SOLAR ENERGY SYSTEM. Any device or a set of devices whose primary purpose is to collect solar energy and convert and/or store it for useful purposes, or to produce generated power by means of any combination of collecting, transferring or converting solar-generated energy.
SOLAR STRUCTURE. Any residential, commercial, industrial or business structures directly connected to the solar energy system. All solar energy systems shall be considered part of the principal structure which there serve and shall not be considered as accessory structures or building in an of themselves.
(C) Permitted use. Solar energy systems and solar structures shall be permitted in all districts; provided that, the systems are in compliance with the established dimensional requirements and other provisions of this city code. Requests for variances shall be applied for and processed in the same manner as is set forth in § 903.05(D) of this code of ordinances.
(D) Access to direct sunlight. In any zone, either residential, commercial or agricultural, no owner, occupier or person in control of property shall allow vegetation or structures to be placed thereon so as to cast a shadow on a solar energy system or solar structure which is greater or higher than the shadow cast by a hypothetical wall of ten feet located along the boundary line of said property between the hours of 9:30 a.m. and 2:30 p.m., Central Standard Time, on December 21; provided, however, that, this standard shall not apply to vegetation or structures which cast a shadow upon the solar energy system at the time of its installation or as to the vegetation existing at the time of installation of the said solar energy system or solar structure. The city does encourage the use of private easements and restrictive covenants as a means to protect access to sunlight.
(E) Evidence of existing conditions. As a means of evidencing existing conditions, the owner of a solar energy system shall file with City Clerk an affidavit containing the following information:
(1) The applicant’s full name and address, together with the full name and address of the fee owner of the property if different from that of the applicant;
(2) A legal description to the property affected;
(3) A certificate of survey or other document specifying the boundary lines of the effected property upon which the solar energy system is located;
(4) The names and addresses of all abutting owners to the affected property;
(5) Attaching photographs of the affected property depicting the solar energy system, the property upon which it is located, and its location with regard to neighboring properties; and
(6) A statement by the applicant that they have served, either personally or by registered or certified mail, all adjoining property owners with a notice that the applicant would be filing an affidavit pursuant to this section with the City Clerk and that they would have 30 days of the filing of the applicant’s affidavit, the phonographs attached thereto shall be presumed to be a true and correct pictorial depiction of the solar energy system, its location upon the affected property and of all existing structures, trees, shrubbery and other vegetation upon the affected property and upon all adjoining properties. Should a timely notice of objection be filed by any adjoining property owner, no presumption hereunder shall be created.
(F) Approval of solar energy systems or solar structures. For all the permits required under § 905.04 of this chapter, no use permit, which includes a solar energy system or solar structure, shall be issued without the property owner or his or her designated agent first having obtained approval in writing from the zoning administrator with regard to a solar energy system or solar structure plan prior to issuing the building permit. Adding a solar energy system to and existing building will require a building permit.
(G) Violation. Violation of any provision of this section is declared to be a nuisance affecting the public health, safety and general welfare and shall be prohibited as specified in this section of the code of ordinances of the city.