Saratoga City Zoning Code
CHAPTER 18
48 SOLAR ZONING
§ 18.48.010 Title.
These regulations shall be known and may be cited as the "solar zoning ordinance" of the town.
(Prior code § 19.1-1)
§ 18.48.020 Authorization.
Authorization for these regulations is contained in W.S. Sections 34-22-101 through 34-22106.
(Prior code § 19.1-2)
§ 18.48.030 Purpose.
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 structure, trees or 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.
(Prior code § 19.1-3)
§ 18.48.040 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Solar collector"
means one of the following which is capable of collecting, storing or transmitting at least twenty-five thousand BTUs 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 a part or all of the heating load for the structure to which it is attached;
3.
A trombe wall, 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"
means 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"
means 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.
(Prior code § 19.1-4)
§ 18.48.050 Shading collectors unlawful-Location.
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 nine a.m. and three p.m., Mountain Standard Time, on the 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.
(Prior code § 19.1-5)
§ 18.48.060 Prior noncontinuing uses.
Structures or vegetation which existed prior to the time of installation of the solar energy collection system or July 6, 1981, shall not be subject to the requirements of Section 18.48.050.
(Prior code § 19.1-6)
§ 18.48.070 Variances.
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 board of adjustments. A variance shall not be approved by the board unless it finds the literal enforcement or application of these regulations would result in unnecessary hardship.
(Prior code § 19.1-7)
§ 18.48.080 Solar access permit-Required.
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, that additional time may be granted for good cause. The building inspector or other designated 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 July 6, 1981.
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.
(Prior code § 19.1-8)
§ 18.48.090 Solar access permit-Application.
A.
Any person who desires to obtain a solar right shall first make application to the building inspector or other designated 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 designated 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.
(Prior code § 19.1-9)
§ 18.48.100 Solar access permit-Recording.
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 that 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.
(Prior code § 19.1-10)
§ 18.48.110 Enforcement.
A.
The building inspector or other designated administrative official shall enforce these regulations and bring to the attention of the town attorney any violations or lack of compliance.
B.
Penalties for violations of these regulations shall be in accordance with appropriate legal remedies and shall be a misdemeanor.
(Prior code § 19.1-11)
§ 18.48.120 Model application/permit.
MODEL APPLICATION/PERMIT FOR SOLAR ACCESS | |
Application No. ________________________________________________________ | |
Name of Applicant ______________________________________________________ | |
Address ______________________________________________________________ | |
Phone _______________________________________________________________ | |
Location of Property: | |
Section _______________ | Township _______________ |
Range _______________ | Other _______________ |
(Attached copy of legal description) | |
Present Zoning District ___________________________________________________ | |
Description of Solar Collector: | |
Dimensions ____________________________________________________________ | |
Orientation ____________________________________________________________ | |
Height Above Ground ____________________________________________________ | |
Location on Property ____________________________________________________ | |
BTUs Collected, Stored or Transmitted on a Clear Winter Solstice Day _______________ | |
Other Information ________________________________________________________ | |
Description of Adjacent Property or Other Property Which Could Interfere with Solar Access: | |
Existing Structures ______________________________________________________ | |
Height _______________________________________________________________ | |
Location _____________________________________________________________ | |
Existing Vegetation: | |
Height ______________________________________________________________ | |
Location ____________________________________________________________ | |
Other Information _____________________________________________________ | |
_______________ Applicant's Signature | _______________ Date |
(Official Use Only) | |
Permit Approved_____________________ Authorized Official | _______________ Date |
Conditions or Comments: _______________________________________________ | |
If Denied, Reasons Why: _______________________________________________ | |
(Prior code § 19.1-12)