[Ord. No. 669, 3-27-1985; CC 2000 §4-1401]
In order to protect the health, safety and welfare of the inhabitants
of Mission and preserve the integrity of the physical and visual environment,
the use of solar energy systems shall be bound by this Article.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1402]
As used in this Article, the following terms shall have the
following meanings, unless otherwise stated or reasonably required
by the context:
Access to the envelope of airspace exposed to the face of
any solar energy system through which the sun passes and which allows
the solar energy system to function. Such access is necessary to any
solar energy system.
That volume of airspace whose lower limits are defined by
a plane sloping upward to the south at an angle of twenty-two degrees
(22°) from the horizontal, measured from the bottom of the solar
collector system and whose lateral limits are defined by planes which
correspond to the direct rays of the sun on each end (east and west)
of the solar collector system at nine hundred (900) hours and sixteen
hundred (1,600) hours solar time from September twenty-first (21st)
through April twenty-first (21st).
Both passive and active systems. An active collector shall
include panels designed to collect and transfer solar energy into
heated water, air or electricity. Passive collectors shall include
windows and window-walls which admit solar rays to obtain direct heat
or to obtain heat for storage. Such windows and window-walls of passive
systems may extend to ground level. Greenhouses, atriums and solariums
are included in this definition.
An easement arising by agreement between property owners
and establishing the solar airspace envelope within which building
and vegetation obstructions are prohibited.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1403]
A.
Solar
energy systems shall adhere to the following requirements:
1.
Solar
collection panels or devices may be placed in the rear yard of any
lot provided that the required setback distances are observed.
2.
Solar
collection panels or devices when positioned atop the roof of any
structure shall be placed in the roof section of a structure that
provides the most indirect exposure or the least visibility to the
front lot line and the adjacent public street right-of-way. The device
shall be placed so that its highest point does not exceed the highest
elevation of the corresponding roof line of the structure.
3.
Any
solar energy system incorporated into a new residential facility shall
be integrated into the basic form and main structure of the residence
and shall be roof mounted and not "standoff" or "rack" mounted.
4.
Solar
energy system components shall be accessible for required routine
maintenance without trespassing on adjoining property or disassembling
any major portion of the structure of a building or appurtenance.
5.
Solar
energy system components shall not be located so as to interfere with
the operation of required doors, windows or other building components.
6.
All
such energy systems mounted on accessory structures shall conform
to the requirements as defined in the above paragraphs relating to
placement.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1404]
Before any solar energy system or equipment is installed, a
solar energy permit shall be obtained from the City. Such permit shall
be issued only upon submission of detailed drawings and installation
of the system and complying with all the requirements of this Article.
If the solar system construction is a part of other construction,
it may be incorporated with the building permit.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1405]
A.
The requirements
established by this Article shall not be retroactive. All systems
installed after the date of passage of Ordinance No. 669 shall be
bound by its requirements.
B.
A property
owner who wishes to construct a solar energy system may enter into
a solar easement agreement with adjacent property owner whose property
contains an obstruction to solar access, however, the property owner
is not required to grant such easement.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1406]
In order to preserve and protect the solar access across contiguous
or nearby property, "solar easements" may be formulated. Such easements
shall establish the solar airspace envelope within which building
and vegetation obstructions are prohibited. Solar easements shall
comply with State law including, but not limited to, K.S.A. Section
58-301 and K.S.A. Section 58-302 regulating the creation of solar
easements, recordation and content. Such easement shall be an agreement
between property owners and may be initiated by the owner of a proposed
solar energy system.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1407]
All appeals involving solar easements or any appeal to the rules
and regulations of this Article shall be filed with the Board of Zoning
Appeals. Both parties affected by a proposed solar energy system —
the owner of the solar energy system and the owner of the property
on which the burden of the easement falls — shall have the right
to appeal. All appeals shall include engineering drawings and schedule
showing the solar energy system and the solar airspace envelope and
such appeals must demonstrate that the layout of the solar energy
system on the site has been maximized. Such appeals shall be filed
within thirty (30) days from the date of any adverse decision by the
City in applying the rules and regulations of this Article. Any appeals
between adverse landowners regarding the application of solar easements
shall be made within thirty (30) days from the date the parties become
aware of their adverse positions. The provisions of this Section shall
not in any way limit the rights of persons to seek other legal remedies
which may be available to them as allowed by law.
[Ord. No. 669, 3-27-1985; CC 2000 §4-1408]
Any person violating the provisions of this Article without approval of the Board of Zoning Appeals as set forth in Section 505.550 may be fined an amount up to one hundred dollars ($100.00) or ten (10) days in jail, or both. Each day shall constitute a separate violation.
