Number
060635
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. ZIELINSKI
Title
A substitute ordinance relating to solar access protection.
Sections
200-33-3 rc
200-33-51.2 cr
239-13 cr
Analysis
Section 66.0403, Wis. Stats., enables municipalities to pass ordinances with any provision they deem necessary for granting a permit for protecting access to solar energy. This ordinance establishes the permitting procedure, in compliance with statutory procedures, for solar access protection permits, which shall be granted to persons who have installed or plan on installing solar collectors on their properties. The department of city development shall determine if an application is satisfactorily completed and shall notify the applicant of its determination.
The department of city development shall grant a permit if it determines that the granting of a permit will not unreasonably interfere with the orderly land use and development plans of the city, pursuant to code provisions relating to height and setbacks of adjacent properties, and if no person has demonstrated that he or she has present plans to build a structure that would create an impermissible interference to solar access. The benefits to the applicant and the public must exceed any burdens. The department may grant a permit subject to any condition or exemption it 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.
It is the responsibility of applicants to provide notice of the permit to owners of any properties that might be affected by the permit. Within 30 days after receipt of the notice, any person who has received a notice may file a request for a hearing on the granting of a permit, or the city plan commission may determine that a hearing is necessary even if no such request is filed. If the city plan commission determines t...
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