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A. Purpose. The purpose of this section is to provide and preserve solar access to productive solar collectors by establishing limitations for growth of vegetation on certain lots in the vicinity of a productive solar collector.

B. Applicability. Any owner may submit an application for a solar access permit to provide solar access for a productive solar collector located on the owner’s real property.

1. The application for a solar access permit shall be on forms prescribed by the City and shall contain at a minimum:

a. A legal description of the applicant’s lot, including proof of ownership;

b. Documentation to show that the solar collector is or will be a productive solar collector within six months of the application date;

c. Descriptive drawings of the solar collector showing dimensions and location;

d. A sun chart and statement of the solar heating hours for which solar access is sought;

e. A statement that there is no reasonable alternative location for the solar collector that would result in a lesser burden on a neighboring lot;

f. A statement that trimming the vegetation on the applicant’s lot will not permit an alternative location that would lessen the burden on a neighboring lot;

g. A list of all lots that are within 150 feet to the south, southeast, and southwest of the solar collector, including for each such lot the legal description; the owner of record and address; the exempt vegetation located on the lot; and any existing nonexempt vegetation likely to encroach on the protected area;

h. A statement that none of the lots impacted are located on a north facing slope with a grade that exceeds, on average, 15 percent.

2. The applicant shall provide a map drawn to scale showing the following information:

a. The location of and delineating all exempt and nonexempt vegetation as shown on the sun chart photograph as well as any nonexempt vegetation not shown on the sun chart which may encroach on the protected area in the future;

b. The exact site of the solar collector, its height and orientation;

c. An indication of true north;

d. A survey of the lot.

3. Approval Criteria.

a. The solar collector is or will be a productive solar collector. For the purposes of this section, productive solar collector means a solar collector that provides no less than 10 percent of a building’s total energy requirements or 50 percent of a building’s annual water heating requirements.

b. The protected area to be created by the solar access permit is reasonably located.

c. The applicant requests solar heating hours no greater than two hours before and after the solar zenith from September 22 to March 21, and three hours before and after the solar zenith from March 22 to September 21.

d. The solar access provided by the permit would not burden any lot with a north facing slope with an average grade of 15 percent or greater or which is more than 150 feet from the solar collector.

An applicant shall be denied if the applicant could trim vegetation on the subject property to permit an alternate location that would be less burdensome upon a neighboring lot.

C. Solar Access Permit Issuance and Recordation.

1. The City shall issue and acknowledge a solar access permit creating the solar access requested in the application or as modified by the City upon approval.

2. The applicant shall record, with the Deschutes County Clerk, the solar access permit in the chain of title of the subject lot and each of the neighboring lots identified in the permit and provide proof of recordation.

3. The solar access permit shall be prescribed by the City and shall contain at a minimum:

a. A legal description of the applicant’s lot and each neighboring lot to be burdened by the solar access created by the solar access permit;

b. A complete description of the solar access restrictions applicable to each neighboring lot, including the solar heating hours during which solar access is provided, and a sun chart showing the platted skyline, including vegetation and a scaled drawing showing the size and location of the protected area and its orientation with respect to true south;

c. A reference to where the approved application may be obtained.

D. Obligation Created by Solar Access Permit. The owner of any lot burdened by a solar access permit shall trim any nonexempt vegetation on a burdened lot that shades the protected area created by the solar access permit; provided, that there is no vegetation on the lot benefited by the solar access permit that also shades the protected area. Before any trimming is required, the permit holder must certify that the solar collector is still productive.

E. Termination of Solar Access Permit.

1. The Community and Economic Development Director shall terminate the solar access permit with respect to all or part of the neighboring lots burdened by the solar access permit if a petition for termination is submitted by the permit holder or the successor of interest, or the solar collector is shown to be unproductive for a period of one year or more.

2. The permit holder shall record the termination of the solar access permit with the Deschutes County Clerk and provide proof of recordation to the City. [Ord. NS-2445, 2022; Ord. NS-2251, 2015; Ord. NS-2137, 2009; Ord. NS-2016, 2006]