These regulations shall be known and may be cited as the "solar zoning regulations" of the town of Greybull, Wyoming.

(Ord. 546 § 1, 1981)

Authorization for these regulations is contained in Sections 34-22-101 through 34-22-106 of the Wyoming Statutes.

(Ord. 546 § 2, 1981)

The purpose of these regulations is to protect the health, safety, and general welfare of the community by encouraging the use of solar energy systems. The overall objective of these regulations is to provide adequate protection from interference by structures, trees and topography. It is the intent of these regulations 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.

(Ord. 546 § 3, 1981)

"Solar collector" is one of the following collecting, storing or transmitting at least 25,000 Btu's on a clear winter solstice day:

1.

A wall, clerestory or skylight window designed to transmit solar energy into a structure for heating purposes;

2.

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;

3.

A tromb well, drum wall or other wall or roof structural element designed to collect and transmit solar energy into a structure;

4.

A photovoltaic collector designed to convert solar energy into electric energy;

5.

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;

6.

A massive structural element designed to collect solar energy and transmit it to internal spaces for heating; or

7.

Other devices or combination of devices which rely upon sunshine as an energy source.

"Solar right" is 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 these regulations.

"Winter solstice day" is the solstice on or about December 21st which marks the beginning of winter in the northern hemisphere and is the time when the sun reaches its southernmost point.

(Ord. 546 § 4, 1981)

A.

Except as otherwise provided by these regulations, it is unlawful for any person to erect a building or other structure, 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., MST on a winter solstice day.

B.

Solar collectors shall be located on the solar user's property so as not to unreasonably or unnecessarily restrict the uses of neighboring property.

(Ord. 546 § 5, 1981)

Structures or vegetation which existed prior to the time of installation of the solar energy collection system or the effective date of the ordinance codified in this chapter shall not be subject to the requirements of Section 18.76.050.

(Ord. 546 § 6, 1981)

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree or other vegetation, or otherwise use his or her property not in conformance with these regulations, may apply for a variance from the planning and zoning commission. The commission shall not recommend a variance unless it finds the literal enforcement of application of these regulations would result in unnecessary hardship.

(Ord. No. 766, 6-8-2009; Ord. 546 § 7, 1981)

A.

A solar permit shall be granted before a solar right may be established.

B.

A solar permit shall be granted for any proposed or existing solar collector which complies with the requirements of these regulations.

C.

The solar right vests on the date the solar permit is granted. The solar collector shall be put to beneficial use within two years except 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 of its vesting.

D.

Existing solar collector users shall apply for permits within five years after the date these regulations are passed.

E.

A solar right which is not applied to a beneficial use for period of five years or more shall be deemed abandoned and without priority and the building inspector shall determine if and when a solar right is abandoned.

(Ord. 546 § 8, 1981)

A.

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.

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 these regulations shall accompany the application.

C.

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 these regulations.

(Ord. 546 § 9, 1981)

A copy of the solar permit shall be recorded with the county clerk by the person receiving the solar permit. The solar 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 permit was granted.

(Ord. 546 § 10, 1981)

A.

The building inspector or other administrative official shall enforce these regulations and bring to the attention of the municipal attorney any violations or lack of compliance.

B.

Penalties for violations of these regulations shall be in accordance with appropriate legal remedies.

(Ord. 546 § 11, 1981)