Dunes City City Zoning Code
SOLAR ACCESS
§ 155.250 PURPOSE.
(A) The city encourages the implementation and use of solar power. The protection of land for solar access will be with a solar energy easement that runs with the property.
(B) No person conveying or contracting to convey fee title to real property shall include in an instrument for such purpose a provision prohibiting the use of solar energy systems by any person on that property.
(Ord. 259, passed - -)
§ 155.251 GENERAL.
(A) Within the jurisdiction of the city, provision for solar access is made by solar energy easements. Such easements:
(1) Will protect the line of sight between a solar collector and sun from blockage or impairment during daylight hours at any time of year;
(2) Will specifically define the criteria for solar access for each easement; and
(3) Will be recorded with the county as an easement to the solar collector location relative to affected lots.
(B) For developed property, or lot line adjustments, this will be the sole responsibility of the land owners involved.
(C) (1) For partitions or subdivisions, this will be the responsibility of the developer and will be defined by a solar access plan provided to the city at the time of the application for the partition or subdivision.
(2) Such plan will at least show the easement or easements layout on the preliminary and final plat maps.
(D) The city will not grant any solar energy easement over public property.
(Ord. 259, passed - -)
§ 155.252 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INSTRUMENT. A deed, contract, covenant, condition, permit, or order that creates an access right to sunlight.
SOLAR ENERGY EASEMENT. Any easement, covenant, or conditions designed to ensure the passage of incident solar radiation, light, air, or heat across the real property of another.
SOLAR ENERGY SYSTEMS. Any device, structure, mechanism, or series of mechanisms which uses solar radiation as a source for heating, cooling, or electrical energy.
SOLAR ENVELOPE. A three-dimensional space over a lot representing height restrictions for structures and vegetation on the lot designed to protect access to sunlight for neighboring lots.
SUN CHART.
(1) A representation showing the plotted position of the sun.
(2) The CHART shall display the path of the sun during each hour of the day and each month of the year at the nearest degree of latitude to the property.
(Ord. 259, passed - -)
§ 155.253 SOLAR ENERGY EASEMENT APPURTENANT; TERMINATION.
(A) A solar energy easement shall be appurtenant to and run with the real property benefitted and burdened by such an easement.
(B) A solar energy easement shall terminate:
(1) Upon the conditions stated therein;
(2) By judgment of a court based upon abandonment or changed conditions; or
(3) At any time by agreement of all owners of property benefitted and burdened by the easement.
(Ord. 259, passed - -)
§ 155.254 REQUIREMENTS FOR EASEMENT CREATION BY INSTRUMENT; RECORDATION.
(A) Any instrument creating a solar energy easement or any other access right to sunlight shall contain:
(1) A legal description of the real property benefitted and burdened by the easement; and
(2) A description of the solar energy easement sufficient to determine the space over the burdened property which must remain unobstructed by means that shall include, but not be limited to:
(a) A sun chart showing the plotted skyline, including vegetation and structures from the perspective of the center of the lower edge of the collector surface, and a drawing showing the size and location of the collector surface being protected and its orientation with respect to the true south; or
(b) A description of the solar envelope sufficient to determine the space over the burdened property that must remain unobstructed.
(B) (1) The instrument creating a solar energy easement or any other access right to sunlight shall be recordable under O.R.S. 93.710.
(2) The instrument shall be recorded in the chains of title of the benefitted and burdened properties as a transfer of the easement or access right from the owner of the burdened property to the owner of the benefitted property.
(C) An instrument creating a solar energy easement shall be indexed when recorded by the name of the city and the names of all parties with any interest in the real property benefitted or burdened by the easement.
(Ord. 259, passed - -)