Article 40.38 — SOLAR SHADE CONTROL

The Solar Shade Control Act is hereby repealed according to the provisions of Section 25985 of that Act. In its place, the city adopts the Act as shown in the following sections of this article. (Ord. 1239 § 1)

This article shall be known and may be cited as the "Davis Solar Shade Control Act." It is the policy of the city to promote all feasible means of energy conservation and all feasible uses of alternative energy sources. In particular, the city encourages the planting and maintenance of trees and shrubs to create shading, moderate outdoor temperatures, and provide various economic and aesthetic benefits. However, there are certain situations in which the need for widespread use of alternative energy devices, such as solar collectors, requires specific and limited controls on trees and shrubs. (Ord. 1239 § 1)

As used in this article, "solar collector" means a fixed device, structure, or part of a device or structure, which is used to transform significant amounts of solar energy into thermal, chemical, or electrical energy. Also included are south-facing windows which, when unobstructed, would not be shaded under standard test conditions. The solar collector shall be used as part of a system which makes use of solar energy for any or all of the following purposes: (a) water heating; (b) space heating or cooling; and (c) power generation.

(Ord. 1239 § 1)

After the effective date of the ordinance codified in this article, it shall be unlawful for any person owning, or in control of a property to allow a tree or shrub to be placed, or if placed, to grow on such property, subsequent to the installation of a solar collector on the property of another so as to cast a shadow greater than ten percent of the collector absorption area upon that solar collector surface on the property of another at any one time between the hours of 10:00 a.m. and 2:00 p.m., local standard time; provided, that this section shall not apply to specific trees and shrubs which at the time of installation of a solar collector or during the remainder of that annual solar cycle cast a shadow upon that solar collector. For purposes of this article, the location of a solar collector is required to comply with the local building and setback regulations. (Ord. 1239 § 1)

Nothing in this article shall apply to trees planted, grown, or harvested on timberland as defined in Section 4526 of the State Act or on land devoted to the production of commercial agricultural crops. Nothing in this article shall apply to the replacement of a tree or shrub which had been growing prior to the installation of a solar collector and which dies subsequent to the installation of such solar collector.

(Ord. 1239 § 1)

A violation shall occur each time the standards set forth in this article are not complied with. Enforcement shall follow the provisions of Article 40.37 of this chapter (commencing with Section 40.37.010 ).

(Ord. 1239 § 1)