Chapter 17.95


17.95.010    Purpose.

17.95.020    Scope and application.

17.95.030    Shading of solar collectors unlawful.

17.95.040    Side and front yard encroachments.

17.95.050    Violations.

17.95.010 Purpose.

To promote the health, safety, and general welfare of the inhabitants of West Point City by conserving natural resources and encouraging the utilization of solar energy resources, in pursuance of the authority conferred by Section 10-9-1, Utah Code Annotated 1953, as amended. [Code 2000 § 17-25-1].

17.95.020 Scope and application.

A. The requirements of this chapter shall apply to all zones except as otherwise provided.

B. Owners or possessors of real property on which a building or other structure existed at the time the ordinance codified in this title became effective (or on which trees, shrubs, or other flora were growing at the time the ordinance codified in this title became effective) and which did or, in the case of flora, will in the future cast a shadow during the designated hours greater than that allowed by WPCC 17.95.030, at the time of the installation of a solar collector, shall not be subject to the provisions of WPCC 17.95.030 except for meeting the limitations on prior nonconforming uses as specified in subsection (C) of this section.

C. A prior nonconforming use (for a building or other structure) shall not be excepted from the provisions of this title after it is destroyed at the extent that its fair market value is reduced by at least 50 percent. (A prior nonconforming use for flora shall not be excepted from the provisions of this title after it is dead.) This subsection shall not be construed to limit other means of terminating the exemption for nonconforming uses that have been or may be developed through case law. [Code 2000 § 17-25-2].

17.95.030 Shading of solar collectors unlawful.

A. Except as otherwise provided by this title, it is unlawful for the owner or possessor of real property to erect a building or structure or to allow a tree, shrub, or other flora to cast a shadow upon solar energy collecting devices, whether they be active or passive, which is greater than the shadow cast by a hypothetical wall 14 feet high located along the property line, between the hours of 10:00 a.m. to 2:00 p.m. on December 21st.

B. Solar collecting devices shall include, but not be limited to, solar collectors, photovoltaic cells, solar greenhouses, Trombe walls, and passive radiating floors and walls.

C. For the purposes of this title and calculating the length of the shadow cast by the hypothetical wall, the solar altitude at 10:00 a.m. and 2:00 p.m. on December 21st shall be 20 degrees. [Code 2000 § 17-25-3].

17.95.040 Side and front yard encroachments.

For the purposes of adding solar energy collecting devices to existing dwellings and encouraging energy conservation through the incorporation of solar energy collecting devices in new homes, encroachments into required side and front yards shall be allowed as follows:

A. Side yard encroachments of no more than two feet shall be allowed.

B. Front yard encroachments of no more than five feet shall be allowed. [Code 2000 § 17-25-4].

17.95.050 Violations.

A. A violation of this chapter shall be considered a misdemeanor.

B. When it is certified that pursuant to this title flora must be removed or corrected, the zoning administrator shall serve a written order to correct the interfering condition upon the owner or possessor of the property upon which the interfering condition lies.

C. The order shall be served in one of the following ways in order of preference:

1. By making personal delivery of the order to the owner or possessor of the property;

2. By leaving the order with some person of suitable age and discretion upon the premises;

3. By affixing a copy of the order to the door at the entrance of the premises in violation;

4. By mailing a copy of the order to the last known address of the owner of the premises, by certified mail with return receipt;

5. By publishing a copy of the order in a local newspaper of general circulation once a week, for three successive weeks.

D. The order required herein shall set forth a time limit for compliance, dependent upon the nature and degree of interference created by the violation with a maximum of 60 days.

E. A person to whom an order hereunder is directed shall have the right, within one week from the service of such order, to appeal to the board of adjustment, who shall review such order and file its decision thereon within 30 days. Unless the order is revoked or modified it shall remain in full force and effect and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within the time period specified in the order.

F. When an owner of real property or possessor of real property, upon whom an order to correct an interfering condition has been served in accordance with the section, shall fail to comply within the specified time, the city shall remedy the condition and send a bill for the cost thereof to the person to whom the order is directed. In the event that person fails to pay the bill within a reasonable time the zoning administrator shall refer the expenses of destruction or removal to the county treasurer for inclusion in the tax notice of the property owner, he shall make in triplicate an itemized statement of all expenses incurred in the destruction and removal of the same and shall deliver the three copies of said statement to the county treasurer within 10 days after the completion of the work of destroying or removing such flora, objects or structures. Thereupon the costs of such work shall be pursued by the county treasurer in accordance with the provisions of Section 10-11-4, Utah Code Annotated 1953, as amended, and the recalcitrant owner shall have such rights and shall be subject to such powers as they are thereby granted. [Code 2000 § 17-25-5].