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7.A.1.
Heritage Preservation Commission
Meeting Date:
11/17/2021
From:
Mark Reavis, Heritage Preservation Officer and Neighborhood Planner

TITLE:

818 W. Santa Fe - PV installation - Townsite Overlay

PROPERTY INFO

Permit Number(s):  BP-21-02408
Address:  818 W Santa Fe Ave
Type of Approval:  Townsite Overlay Design Review
Approval Date:  10/12/2021

Findings:

State law (ASRS Section 33-439) does not allow the City to prohibit the installation of Photo Voltaic roof panels. 

33-439Restrictions on installation or use of solar energy devices invalid; exception

A. Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which effectively prohibits the installation or use of a solar energy device as defined in section 44-1761 is void and unenforceable.


The Townsite Overlay Design Standards and Guidelines therefore can only make design recommendations on colors and related features. The project was reviewed and suggestions were made.  The permit was approved.