Mayville Dodge County
City Zoning Code
City Zoning Code
ARTICLE XIII
Solar Access
§ 430-95 Findings, authority and purpose.
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:
(1)
Promoting the use of solar energy systems;
(2)
Protecting access to sunlight for solar energy systems; and
(3)
Assuring that potentially conflicting interests of individual property owners are accommodated to the greatest extent possible compatible with the overall goal of this chapter.
§ 430-96 Definitions.
In this article the following words shall have the following meanings:
AGENCY
The Plan Commission or designated representative.
APPLICANT
An owner applying for a permit under this article.
APPLICATION
An application for a permit under this article.
COLLECTOR SURFACE
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.
COLLECTOR USE PERIOD
From 9:00 a.m. to 3:00 p.m. standard time daily.
IMPERMISSIBLE INTERFERENCE
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:
A.
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.
B.
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.
C.
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.
OWNER
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.
PERMIT
A solar access permit issued under this article.
SOLAR COLLECTOR
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.
SOLAR ENERGY
Direct radiant energy received from the sun.
§ 430-97 Permit application and notice.
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.
§ 430-98 Hearing.
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.
§ 430-99 Grant of permit.
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.
§ 430-100 Appeals.
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.
§ 430-101 Record of permit.
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.
B.
The applicant shall record with the Register of Deeds of the county in which the property is located the notice under Subsection A for each property specified under Subsection A and for the property upon which the solar collector is or will be located.
§ 430-102 Rights of permit holder.
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.
§ 430-103 Waiver of rights.
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.
§ 430-104 Termination of permit.
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:
(1)
Permanently removed or is not used for two consecutive years, excluding time spent on repairs or improvements; or
(2)
Not installed and functioning within two years after the date of the issuance of the permit.
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.
§ 430-105 Preservation of rights.
The transfer of title to any property shall not change the rights and duties provided by a permit granted under this article.[1]
[1]
Editor's Note: Original Subchapter 17.66, Erosion Control, which immediately followed this article, has been moved and included as a separate chapter in the Code. See Ch. 215, Erosion Control.