§ 17.22.7. Criteria for determining unreasonable obstruction.

The criteria to be considered in determining whether an unreasonable obstruction has occurred include, but are not limited, to one or more of the following:

A.

The extent of the obstruction of the view from, or sunlight reaching, the primary living area or active use area of the complaining party, both currently and at tree maturity;

B.

The quality of the view being obstructed, including the obstruction of vistas, ridgelines, or other unique features;

C.

The extent to which the tree interferes with efficient operation of a solar energy system;

D.

The extent to which a view or sunlight has been diminished over time by factors other than tree growth;

E.

The length of time the complaining party has resided on the property;

F.

The view or sunlight which existed at the time the complaining party first occupied the property and the view or sunlight which the claimant seeks to have restored;

G.

The size and quality of the tree as it existed at the time the current occupant originally purchased or occupied the property upon which the tree is located.

(Ord. 99-5 § 2 (Exh. A (part))