18.125.030 Protection of solar collector’s access to light.
A. Solar easements across contiguous or nearby lots, tracts, or land may be created to establish a window of exposure to the sun so as to protect an existing or intended solar collector’s exposure to the sun from obstruction by buildings and trees.
1. Solar easements may be purchased, reserved, granted, or otherwise obtained. Adverse possession cannot create such an estate.
2. An easement infringed upon is a compensable property right through private remedy.
B. Solar easements shall contain at least:
1. A legal description of the real property benefited and burdened by the easement; and
2. A description of the solar energy easement sufficient to determine the space over the burdened property which must remain unobstructed.
C. A solar easement may, at the discretion of the easement owner, be recorded and filed in the office of the county recorder and copies thereof filed with the city recorder.
D. Any person seeking a building permit to construct or modify any structure or building so as to increase the consumption of airspace over that lot shall certify in writing that no solar easement exists over that lot. Where a solar easement exists, the applicant for the permit shall present a copy of the deed containing the legal description of the easement unless the easement is already recorded with the city recorder. Should the city planner determine that the proposed construction would intrude upon the easement, no building permit shall be granted. [Ord. 817 § 8-3J.830, 2006.]