(a)   Definitions.

(1)   “Solar Access” means access to the envelope of air space exposed to the face of any solar energy system through which the sun passes and which allows the solar energy system to function. Such access is necessary to any solar energy system.

(2)   “Solar Air Space Envelope” means that volume of air space whose lower limits are defined by a plane sloping upward to the south at an angle of 22 from the horizontal, measured from the bottom of the solar collector system at 0900 and 1600 solar time from September 21 through April 21.

(3)   “Solar Collector” means both passive and active systems. An active collector shall include panels designed to collect and transfer solar energy into heated water, air or electricity. Passive collectors shall include windows and window walls which admit solar rays to obtain direct heat or to obtain heat for storage. Such windows and window walls of passive systems may extend to ground level. Greenhouses, atriums, and solariums are included in this definition.

(4)   “Solar Easement” means an easement arising by agreement between property owners and establishing the solar air space envelope within which building and vegetation obstructions are prohibited.

(b)   SOLAR EASEMENTS.

In order to preserve and protect the solar access across contiguous or nearby property, “Solar Easements” may be formulated. Such easements shall establish the solar air space envelope within which building and vegetation obstructions are prohibited. Solar easements are allowed by Kansas State Statutes Sections 58-301 “Creation of Solar Easements; Recordation” and Section 58-3802 “Same; Content”. Such an easement shall be an agreement between property owners and probably, although not necessarily, will be initiated by the owner of a proposed solar energy system. The City of Bennington shall also be included as property owner wherein property owned by the City may be located in a solar air space envelope and the City therefore, may be a party to such an easement. All easements shall be recorded by the Ottawa County Register of Deeds and shall transfer from one owner to another owner if the property is sold. All such easements shall also be filed with the City Clerk of Bennington, Kansas for coordinating issuance of future building permits which might be affected by the easement.

(c)   BUILDING PERMITS.

No person shall commence to erect, construct, alter, add to or increase a solar collector without first having secured a permit from the governing body of the city. The application for such permit shall be in the manner designated in section 4-106 of the Code of the City of Bennington, Kansas, 1974.

(d)   PENALTIES.

Any person, firm or corporation violating any provisions of this article or doing any of the acts or things prohibited by this article or failing or refusing to perform any duty imposed by the article shall upon conviction thereof be fined in an amount not to exceed Two Hundred Dollars ($200.00) or be imprisoned for not to exceed thirty (30) days or be both so fined and imprisoned.

(Ord. 228; Code 2018)