[HISTORY: Adopted by the City Council of
the City of Evanston by Ord. No.
81-68. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the Solar Access Regulations of the City of Evanston, Wyoming.
Authorization for this chapter is contained
in Wyoming Statutes, 1977, sections 34-22-101 through 34-22-106.
The purpose of this chapter is to protect the
health, safety and general welfare of the City by encouraging the
use of solar energy systems. It is the intent of this chapter 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.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
One of the following, which is capable of collecting, storing
or transmitting at least twenty-five thousand 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 that
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 this chapter.
The solstice on or about December 21 which marks the beginning
of winter in the northern hemisphere and the time when the sun reaches
its southernmost point.
A.Â
Except as otherwise provided by this chapter, it is
unlawful for any person to erect a building or other structure so
as to, 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.Â
Solar collectors shall be located on the solar user's
property, 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 this chapter shall not be subject to the requirements of section 16-6.
Any person desiring to erect any structure,
increase the height of any structure, permit the growth of any tree
or other vegetation or otherwise use his property, not in conformance
with this chapter, may apply for a variance from the planning and
zoning commission. A variance shall not be approved by the commission
unless it finds that the literal enforcement or application of this
chapter would result in unnecessary hardship.
A.Â
A solar access permit shall be granted before a solar
right may be established.
B.Â
A solar access permit shall be granted for any proposed
or existing solar collector which complies with the requirements of
this chapter.
C.Â
The solar right vests on the date the solar access
permit is granted. The solar collector shall be put to beneficial
use within two years; except, that additional time may be granted
for good cause. The building inspector or other administrative official
shall certify the right and its beneficial use within two years.
D.Â
Existing solar collector users shall apply for permits
within five years after the date this chapter is passed.
E.Â
A solar right which is not applied to a beneficial
use for a period of five years or more shall be deemed abandoned and
without priority.
A.Â
Any person who desires to obtain a solar right shall
first make application to the building inspector or other administrative
official for a solar access permit.
B.Â
The application for a permit, along with the required
fee, shall be filed on a form furnished for that purpose. Information
adequate to determine compliance with this chapter shall accompany
the application.
C.Â
The building inspector or other administrative official,
after review of the application, shall grant a solar access permit
for any proposed or existing solar collector which complies with this
chapter.
A copy of the solar access permit shall be recorded
with the county clerk by the person receiving the solar access permit.
The solar access permit shall include a description of the collector
surface or that portion of the collector surface to which the permit
is granted. The description shall include the dimensions of the collector
surface, the direction of orientation, the height above ground level,
the location of the collector on the solar user's property and the
date the solar access permit was granted.
A.Â
The building inspector or other administrative official
shall enforce this chapter and bring to the attention of the City
attorney any violations or lack of compliance.
B.Â
Any person who violates or refuses to comply with
the provisions of this chapter shall be deemed guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not more than
seven hundred fifty dollars for each offense.
