278.0208 - Prohibition against prohibiting or unreasonably restricting use of system for obtaining solar energy.
278.0208 Prohibition against prohibiting or unreasonably restricting use of system for obtaining solar energy.
1. A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of real property from using a system for obtaining solar energy on his or her property.
2. Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of the property from using a system for obtaining solar energy on his or her property is void and unenforceable.
3. For the purposes of this section, the following shall be deemed to be unreasonable restrictions:
(a) The placing of a restriction or requirement on the use of a system for obtaining solar energy which decreases the efficiency or performance of the system by more than 10 percent of the amount that was originally specified for the system, as determined by the Director of the Office of Energy, and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance.
(b) The prohibition of a system for obtaining solar energy that uses components painted with black solar glazing.
(Added to NRS by 1995, 1105; A 2005, 1820; 2009, 1599)