City councils may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the south face of buildings during solar heating hours, taking into account latitude, topography, microclimate, existing development, existing vegetation and planned uses and densities. The city council shall consider for inclusion in any solar access ordinance, but not be limited to, standards for:
The orientation of new streets, lots and parcels;
The placement, height, bulk and orientation of new buildings;
The type and placement of new trees on public street rights of way and other public property; and
Planned uses and densities to conserve energy, facilitate the use of solar energy, or both.
The State Department of Energy shall actively encourage and assist city councils’ efforts to protect and provide for solar access.
As used in this section, “solar heating hours” means those hours between three hours before and three hours after the sun is at its highest point above the horizon on December 21. [1981 c.722 §5]
Atty. Gen. Opinions
Fasano v. Bd. of County Commrs., application to city governing bodies and planning commissions, (1974) Vol 36, p 960