Resolution Recommending Land Use Regulation Amendments #20-02

e, Abandonment. 1. A solar energy system that is out of service for a continuous twelve-month period will be deemed to have been presumptively abandoned. The Zoning Official may issue a notice of abandonment to the owner of a solar energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Zoning Official shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the solar energy system has not been abandoned. In the event that the Zoning Official, after investigation, determines that a solar energy system has been abandoned, the Zoning Official may issue a notice of abandonment during the presumptive twelve-month period and the owner shall have the right to respond to the notice of abandonment. 2. If the solar energy system is determined to be abandoned, the owner of the solar energy system shall remove the facility at the owner's sole expense within six months of receipt of notice of abandonment. If the owner fails to remove the facility, the Zoning Official may, at the option of the Mayor and Council, have the facility removed at the owner's expense, and impose a lien on the property. f. Violations. It is unlawful for any person to construct, install, or operate a solar energy system that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this section. Solar energy systems installed prior to the adoption of this section are exempt. Page 5 of 12