A.
It is determined that:
(1)
Diminishing supplies of nonrenewable energy resources
threaten the physical and economic well-being of the residents of
this community who presently rely on such resources to maintain their
homes, industries, businesses and institutions;
(2)
Solar energy systems hold great promise for the future
energy needs of this community because they use a renewable energy
resource; because they require less capital, land, water, and other
resources needed for centralization for generation of electricity;
and because they do not pollute the community's water and air; and
(3)
The successful use of solar energy systems for such
purposes as supplying space heating, water heating or the production
of electricity is dependent upon sufficient access to direct sunlight.
B.
This section is adopted under authority contained
in § 66.0403, Wis. Stats., for the purpose of protecting
the health, safety, and general welfare of the community by:
In this article the following words shall have
the following meanings:
The Plan Commission or designated representative.
An owner applying for a permit under this article.
An application for a permit under this article.
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. "Collector surface"
does not include frames, support and mounting hardware.
From 9:00 a.m. to 3:00 p.m. standard time daily.
A blockage of solar energy from a collector surface or a proposed collector surface for which a permit has been granted under this article during a collector use period, if such blockage is by any structure or vegetation on property an owner of which was notified under § 430-97F. "Impermissible interference" does not include:
Blockage by a narrow protrusion, including but
not limited to a pole or wire, which does not substantially interfere
with absorption of solar energy by a solar collector.
Blockage by any structure constructed, under construction, or for which a building permit has been applied for before the date the last notice is mailed or delivered under § 430-97F.
Blockage by any structure or vegetation which
obstructs less solar energy from a solar collector during the collector
use period than would be obstructed by a six-foot-high wall located
along the northern boundaries of the property to the south of the
solar collector.
At least one owner, as defined under § 66.0217(1)(d),
Wis. Stats., of a property or the personal representative of at least
one owner.
A solar access permit issued under this article.
A device, structure or part of a device or structure a substantial
purpose of which is to transform solar energy into thermal, mechanical,
chemical or electrical energy.
Direct radiant energy received from the sun.
A.
Permit jurisdiction. Any owner who has installed or
intends to install a solar collector may apply to the agency for a
permit. A permit may affect any land located within the territorial
limits of the City. Extraterritorial zoning has been adopted and areas
defined therein are subject to this article.
B.
Application. An application for a permit under this
article may be obtained from the Building Inspector and shall be completed
by the applicant.
C.
Informal preapplication meeting. Prior to the filing
of an application, the applicant shall meet with the Building Inspector
to discuss the application and the permit process.
D.
Application fee. The completed permit application
shall be submitted to the City Clerk with an application fee as established
by the fee schedule.
E.
Review of application. The agency shall review the
application to determine if it is satisfactorily completed. The agency
shall notify the applicant of this determination without delay within
60 days after application has been filed and the application fee received.
If the agency determines that the application is satisfactorily completed,
the agency shall provide notice forms and receipt forms to the applicant
for service and signing under this section.
F.
Service of notice. If an applicant is notified that
an application has been satisfactorily completed, the applicant shall
deliver by certified mail or by hand the notice, supplied by the agency,
to the owner of any property which the applicant proposes to be restricted
by the permit. The applicant shall submit to the agency a copy of
a signed receipt for every notice delivered under this subsection.
G.
Content of notice. The information on the notice form
shall include:
(1)
The name and address of the applicant and the address
of the land upon which the solar collector is or will be located.
(2)
That an application has been filed by the applicant.
(3)
That the permit, if granted, may affect the rights
of the notified owner to develop his or her property and to plant
vegetation.
(4)
That any person who received a notice may request a hearing under § 430-98 within 30 days after receipt of the notice.
(5)
The procedure for filing a hearing request and telephone
number, address and office hours of the agency.
Within 30 days after receipt of the notice under § 430-97F, any person who has received a notice, or anyone acting on that person's behalf, may file a request for a hearing on the granting of a permit, or the agency may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the agency determines that a hearing is necessary, the agency shall conduct a hearing on the application within 90 days after the last notice is delivered. The agency shall publish a Class 2 notice under Ch. 985, Wis. Stats., of the hearing.
A.
Determination. The agency shall grant a permit if
the agency determines that:
(1)
The granting of a permit will not unreasonably interfere
with the orderly land use and development plans of the City;
(2)
No person has demonstrated that she or he has present plans to build a structure that would create an impermissible interference by showing that she or he has applied for a building permit prior to receipt of a notice under § 430-97F or by submitting any other credible evidence that she or he has made substantial progress toward planning or constructing a structure that would create an impermissible interference;
(3)
The benefits to the applicant and the public will
exceed any burdens; and
(4)
No person has demonstrated that the granting of a
permit would cause an undue hardship in using his or her property
in a manner consistent with existing zoning regulations and neighboring
property uses.
B.
Conditions.
(1)
The agency may grant a permit subject to any condition
or exemption the agency deems necessary to minimize the possibility
that the future development of nearby property will create an impermissible
interference or to minimize any other burden on any person affected
by granting the permit.
(2)
As a condition of receiving a permit, the permit holder
shall be responsible for the cost of trimming preexisting vegetation
on property affected by the permit to prevent an impermissible interference.
The permit holder shall give consideration to proper pruning procedures
and to the desires of the property owner in trimming such vegetation
and shall not unnecessarily remove vegetation which does not or will
not in a reasonable period of time create an impermissible interference.
Any person aggrieved by a decision under this
article may appeal the decision by making a written request to the
agency within 30 days of the decision. The decision shall be reviewed
by the Zoning Board of Appeals.
If the agency grants a permit:
A.
The agency shall specify the property restricted by the permit and shall prepare notice of the granting of the permit. The notice shall include the legal description pursuant to § 706.05(2)(c), Wis. Stats., for the property upon which the solar collector is or will be located and for any property restricted by the permit; it shall indicate that the property may not be developed and vegetation may not be planted on the property so as to create an impermissible interference with the solar collector, which is the subject of the permit, unless the permit affecting the property is terminated or unless a waiver agreement affecting the property is recorded under § 430-103.
The holder of a permit granted under this article
is entitled to access to sunlight for the solar collector subject
to any conditions or exemptions in the permit and may seek damages
for any loss caused by an impermissible interference or an injunction
to prevent an impermissible interference as provided under § 66.0403(7),
Wis. Stats.
A permit holder, by written agreement, may waive
all or part of any right protected by a permit. The permit holder
shall record a copy of the agreement with the Register of Deeds. A
copy of the agreement shall also be filed with the agency.
A.
Any rights protected by a permit under this article
shall terminate if the agency determines that the solar collector
which is the subject of the permit is:
B.
The agency shall give the permit holder written notice and an opportunity for a hearing on a proposed termination under Subsection A.
C.
If the agency terminates a permit, the agency shall
record a notice of termination with the Register of Deeds. The agency
may charge the permit holder for the cost of recording.
The transfer of title to any property shall
not change the rights and duties provided by a permit granted under
this article.[1]
