1. The Common Council finds that:
   1. Diminishing supplies of nonrenewable energy resources threaten the physical and economic wellbeing 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 central-station 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.
2. This article is adopted under authority contained in Wis. Stats. § 66.0403, 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. Ensuring that potentially conflicting interests of individual property owners are accommodated to the greatest extent possible compatible with the overall goal of this article.

(Code 1991, § 13-1-170)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agency means the City of Niagara Zoning Administrator.

Applicant means an owner applying for a permit under this article.

Application means an application for a permit under this article.

Collector surface means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. The term "collector surface" does not include frames, support and mounting hardware.

Collector use period means 9:00 a.m. to 3:00 p.m., Standard time daily.

Impermissible interference means 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 NCC 13.08.1430(f). The term "impermissible interference" does not include blockage by:

1. A narrow protrusion, vegetation, or other object which never obstructs more than five percent of the solar energy which would strike a solar collector during the collector use period on any given day.
2. 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 NCC 13.08.1430(f).
3. Any vegetation planted before the date the last notice is mailed or delivered under NCC 13.08.1430(f).
4. 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 means at least one owner of a property or the personal representative of at least one owner.

Permit means a Solar Access Permit issued under this article.

Solar collector means 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 means direct radiant energy received from the sun.

(Code 1991, § 13-1-171)

1. Permit jurisdiction. Any owner who has installed or intends to install a solar collector may apply to the Common Council for a permit. A permit may affect any land located within the territorial limits of the City or which is subject to an extraterritorial zoning ordinance unless the extraterritorial land is subject to a zoning ordinance adopted by a county or town.
2. Application. An application for a permit under this article may be obtained from the City Zoning Administrator and shall be completed by the applicant.
3. Informal preapplication meeting. Prior to the filing of an application, the applicant shall meet with the Plan Commission to discuss the application and the permit process.
4. Application fee. The completed permit application shall be submitted to the City Zoning Administrator with an application fee. The application fee shall be in an amount as established by the Common Council from time to time.
5. Review of application. The Plan Commission shall review the application to determine if it is satisfactorily completed. The Plan Commission shall notify the applicant of this determination within 30 days after the application has been filed and the application fee is received. If the Plan Commission determines that the application is satisfactorily completed, the City shall provide notice forms and receipt forms to the applicant for service and signing under Subsection (f) of this section.
6. 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 City, to the owner of any property which the applicant proposes to be restricted by the permit. The applicant shall submit to the City Zoning Administrator a copy of a signed receipt for every notice delivered under this subsection.
7. 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 property and to plant vegetation.
   4. That any person who received a notice may request a hearing under NCC 13.08.1440 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.

(Code 1991, § 13-1-172)

Within 30 days after receipt of the notice under NCC 13.08.1430(f), 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 Common Council may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the Common Council determines that a hearing is necessary, the Common Council shall conduct a hearing on the application within 90 days after the last notice is delivered. At least 30 days prior to the hearing date, the Common Council shall notify the applicant, any person who has requested a hearing under this section, all owners notified under NCC 13.08.1430(f), and any other person filing a request of the time and place of the hearing. Prior to the hearing, the Plan Commission shall submit an advisory recommendation to the Common Council.

(Code 1991, § 13-1-173)

1. Determination. The Common Council shall grant a permit if the Council 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 he has present plans to build a structure that would create an impermissible interference by showing that he has applied for a Building Permit prior to receipt of a notice under NCC 13.08.1430(f), has expended at least $500.00 on planning or designing such a structure, or by submitting any other credible evidence that 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 property in a manner consistent with existing zoning regulations and neighboring property uses.
2. Conditions.
   1. The Common Council may grant a permit subject to any condition or exemption the Common Council 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. Such conditions or exemptions may include, but are not limited to, restrictions on the location of the collector and requirements for the compensation of persons affected by the granting of the permit.
   2. As a condition of receiving a permit, the permit holder shall be responsible for the cost of trimming (pre-existing) vegetation on property affected by the permit to prevent an impermissible interference. The permit holder shall give consideration 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.

(Code 1991, § 13-1-174)

Any person aggrieved by a decision under this article may appeal the decision by making a written request to the Common Council within ten days of the decision. The decision shall be reviewed by the Zoning Board of Appeals.

(Code 1991, § 13-1-175)

If the Common Council grants a permit:

1. The Common Council 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 Wis. Stats. § 706.05(2)(c), for the property upon which the solar collector is or will be located and for any property restricted by the permit, and 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 NCC 13.08.1490.
2. The applicant shall record with the Register of Deeds of the County in which the property is located the notice under Subsection (a) of this section for each property specified under Subsection (a) of this section and for the property upon which the solar collector is or will be located.
3. The Common Council shall note the location of any solar collector which is the subject of a permit on a map showing the location of all solar collectors for which permits have been granted and shall identify on the map all properties which are subject to restrictions resulting from the granting of a permit.

(Code 1991, § 13-1-176)

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 Wis. Stats. § 66.0403.

(Code 1991, § 13-1-177)

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 Common Council.

(Code 1991, § 13-1-178)

1. Any rights protected by a permit under this article shall terminate if the Common Council 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 issuance of the permit.
2. The Common Council shall give the permit holder written notice and an opportunity for a hearing on a proposed termination under Subsection (a) of this section.
3. If the Common Council terminates a permit, the Common Council shall record a notice of termination with the register of deeds. The Common Council may charge the permit holder for the cost of recording.
4. The Common Council shall modify the map of solar collectors prepared under NCC 13.08.1470(c) to reflect the termination of a permit.

(Code 1991, § 13-1-179)

The transfer of title to any property shall not change the rights and duties provided by a permit granted under this article.

(Code 1991, § 13-1-180)