Rawlins City Zoning Code

This chapter shall be known and may be cited as the Solar Regulations of the City of Rawlins, 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 zones.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

SOLAR COLLECTOR. One of the following, which is capable of collecting, storing or transmitting on a clear winter solstice day:

A.)

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

B.)

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;

C.)

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

D.)

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

E.)

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;

F.)

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

G.)

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

SOLAR RIGHT. 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.

WINTER SOLSTICE DAY. 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)

The beneficial use of solar energy is a property right.

(b)

In disputes over the use of solar energy:

(i)

Beneficial use shall be the basis, the measure and the limit of the solar right, except as otherwise provided by written contract. If the amount of solar energy which a solar user can beneficially use varies with the season of the year, then the extent of the solar right shall vary likewise;

(ii)

Priority in time shall have the better right, except as provided in this act; and

(iii)

Nothing in this act diminishes the right of eminent domain.

(c)

Solar rights are property rights and as such shall be freely transferable within the bounds of law.

(a)

The solar right to radiation of the sun before 9:00 a.m. or after 3:00 p.m. Mountain Standard Time is de minimus and may be infringed without compensation to the owner of the solar collector.

(b)

A solar right which is not applied to a beneficial use for a period of five (5) years or more shall be deemed abandoned and without priority.

(c)

Solar collectors shall be located on the solar user's property so as not to unreasonably or unnecessarily restrict the uses of neighboring property. Unless otherwise permitted by the local government, no solar right attaches to a solar collector, or a portion of a solar collector, which would be shaded by a ten (10) foot wall located on the property line on a winter solstice day.

I.

General.

1.

Solar energy equipment shall be located in the rear portion of a property or on a side or rear-facing roof, or, upon receiving Planning Commission approval, in the least visibly obtrusive location where panels would be functional.

2.

Solar energy equipment must comply with all setback and height requirements for the Zoning district in which the property is located.

3.

Non-functioning solar energy equipment or systems shall be repaired, replaced or completely removed in their entirety within three (3) months of becoming non-functional.

4.

Ground-mounted solar energy equipment may not exceed a height of ten (10) feet above the ground.

5.

Solar energy equipment shall not block nor overhang any parking areas, sidewalks or walkways.

6.

No regulations on self-contained small decorative solar lighting.

(i)

Ground-mounted solar energy equipment.

1.

On Residentially-Zoned Property.

a.

Solar Energy Equipment shall be located only in the rear portion of a property unless approved otherwise by the Planning Commission. Solar Equipment shall be located no closer to the side street right-of-way than the primary building line of the structure.

b.

Solar Panels shall not cover or occupy more than 50% of the available rear-yard area exclusive of all required setbacks;

c.

Ground-array Solar systems shall have a minimum setback to side property lines of 3 feet and a setback from rear property lines of 6 feet.

2.

On Commercial and Industrially-Zoned Properties.

a.

Solar Energy Equipment shall be located only in the rear portion of a property or a side portion on a side opposite any side street unless approved otherwise by the Board of Adjustments. Solar Equipment shall be located no closer to the side street right-of-way than the primary building line of the structure.

(ii)

Roof or wall-mounted solar energy equipment.

a.

It is encouraged that roof-mounted solar energy equipment shall be installed in the plane of the roof (flush-mounted)/wall mount or made a part of the roof design (capping or framing is compatible with the color of the roof or structure). Mounting brackets shall be permitted if the applicant can demonstrate that the existing pitch of the roof would render the solar energy equipment ineffective or would be impossible.

b.

Solar energy equipment shall not project vertically above the peak of the roof to which it is attached, or project vertically more than five (5) feet above a flat roof. Solar energy equipment shall not overhang any window or lower roofing systems, nor any parking areas, sidewalks, entrances or walkways.

II.

Historic Commercial and Residential District.

1.

Roof or wall-mounted solar energy equipment.

a.

It is encouraged that roof-mounted solar energy equipment shall be installed in the plane of the roof (flush-mounted)/wall mount or made a part of the roof design (capping or framing is compatible with the color of the roof or structure).

b.

Solar energy equipment shall be located on a rear or side-facing roof as seen from the fronting street, unless the applicant can demonstrate that such installation would be ineffective or is impossible. Under no circumstances shall solar equipment be mounted on the front face of a roof in the Historic Downtown Business District.

c.

Solar energy equipment shall not project vertically above the peak of the roof to which it is attached, or project vertically more than five (5) feet above a flat roof. Solar energy equipment shall not overhang any window or lower roofing systems, nor any parking areas, sidewalks, entrances or walkways.

d.

Solar equipment shall be mounted flush with or within 12 inches of the plane of the roof for flat roofs and shall be located no closer than 3 feet from the edge of the roof. Panels may also be wall-mounted upon approval of a historically sensitive design by both the Rawlins Downtown Development Authority (DDA)/Main Street and the Rawlins Planning Commission. Wall-mounted designs shall also require an engineered attachment plan from a Wyoming-certified design professional.

Structures or vegetation with respect to property line which existed prior to the time of installation of the solar energy collection system (solar rights) or the effective date of this chapter shall not be subject to the requirements of Section 19.47.050.

Any neighboring property 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 Board of Adjustments. A variance shall not be approved by the Board of Adjustments unless it finds that the literal enforcement or application of this chapter would result in unnecessary hardship. Variances do not violate established solar rights.

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 this chapter.

C)

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 the building department may allow that additional time may be granted for good cause. The building inspector or other Community Development Department (CDD) administrative official shall certify the right and its beneficial use within two years.

D)

Existing solar collector users shall apply for permits within five years after the date this chapter is passed to establish solar rights.

E)

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)

Any person who desires to obtain a solar right shall first make application to the CDD 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 required by the CDD such as photographs, property lines vegetation etc., adequate to determine compliance with this chapter shall accompany the application. If the permit is in the Historic Commercial District the application will be reviewed by Rawlins DDA/Main Street and comments will be forwarded to the CDD.

C)

The building inspector or other CDD administrative official, after review of the application, shall grant a solar permit for any proposed or existing solar collector which complies with this chapter.

A copy of the solar permit shall be recorded with the CDD by the person receiving the solar permit. The solar permit shall include the 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.

A)

The building inspector, code enforcement officer or CDD administrative official shall enforce this chapter and bring to the attention of the City Attorney any violations or lack of compliance.

B)

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.

Reserved.

(Ord. No. 05-2013)