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Ordinance No. 91-02 I CITY OF TIGARD, OR GON ORDINANCE NO. 91- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE ORDINANCE AMENDMENT (ZOA 91-0001) INITIATED BY THE CITY OF TIGARD. WHEREAS, it is state and federal policy to promote energy conservation and the use of renewable resources and Oregon statutes authorize local governments to encourage, protect, and provide solar access; and WHEREAS, the City of Tigard Comprehensive Plan policies 9.1.1 and 9.1.3 encourage energy conservation and the use alternative energy sources, including Gnlar energy; and WHEREAS, without protection of solar access, many opportunities to use solar energy have been lost and will continue to be lost in the future; and WHEREAS, the City of Tigard initiated a review of th? possible addit_on of solar access provisions to the Community Development Code to provide improved solar access for single family residential homes; and WHEREAS, the City solicited and received comments from the Neighborhood Planning Organizations (NPO) ; and WHEREAS, the City of Tigard Planning Commission at public hearings on August 7, 1990 and January 8, 1991 reviewed the proposed amendment and recommended approval; and WHEREAS, the Tigard ,City Council held a public hearing regarding the proposed amendment on .February 12, 1991, to review the NPO and Planning Commission recommendations as well as public testimony. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION T: The Community Development Code is amended with the addition of Chapter 18.88 as shown in Exhibit ,"A" . SECTION 2 : -Chis ordinance shall be effective on and after May 1, 1991 following its " passage - by Counr , , -nr! approval by the Mayor. .wl C PASSED:. ByCi j Vf'14vote of all Council members present after being read by number and title only, this 1111-- Llday of February, 14y1 . uy. Catherine Wheatley, City Rec der euro - APPROVED: This I day of ;� �99�• r Gerald R. Edwards, Mayor Approved as to form: ' ity Att, rney �l�at�i1 Date ZOA91-01.ORD/kl I x t ORDINANCE NO. PAGE 2 Chanter 18.88 SOLAR ACCESS REAUTRF-'MMMTS Sections: 18.88.010 Purpose 18.88.020 Applicability of Provisions 18.88.030 Definitions 18.88.040 Solar Access for New Development 19.88.050 Solar Balance Point 18.88.010 Purpose The purpose of this chapter is to implement comprehensive plan policies to promote the use of renewable energy sources by establishing criteria to allow improved access to sunlight for single family and duplex residences. 18.88.020 Applicability of Provisions The provisions of this chapter ah a=' apply to the creation of lots which are intended for single family or duplex residences and the construction of single family or duplex residences. 3.88.030 Definitions The definitions to be used in this chapter are in addition to chapter 18.26, Def;_nitions. In the case of similar or identical terminology, the definitions in this section shall govern far Chau: 18.88, Solar Access Requirements. A. Crown Cover: The area within the drip line or perimeter of the foliage of a tree. I B. Development: Any partition, subdivision or planned development that is created under the City land division or zoning regulations. C. Exempt tree or vegetation: The full height and breath of vegetation that the Director has identified as "solar friendly" that are listed and kept on file in the office of the Community Development Department; and any vegetation listed on a plat map, a document recorded with the plat, or a solar access permit is exempt. i D. Front lot line: For purposes of the solar, access regulations, a lot line abutting a street. For corner lots the fro=- lot Brae is that with the narrowest frontage. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front line is the shortest lot line adjoining the pole portion of the lot, excluding the unbuildable portion of the pole (see Figure 1). E. Non-exempt tree o»rr y_gztatlorxw vegetation that is not exempt. CDC REVISION - SOLAR - JANUARY, 1991 PAGE 1 r�wiBZi "ds F. Northern lot line: The lot line that, is the smallest angle from east-west and i-' 9 a line drawn in' the northernmost point of the lot, excluding the pole portion of a flag lot. 7f the north line adjoins an undevelopable area other than a required yard area, the northern lot shall be at the north edge of such undevelonable area If taro lot lines have an identical angle relative to a line ® drawn east-west, or if the northern lot line is less than 35 feet, then the northern line shall be a line 35 feet in length within the lot parallel with and at a maximum distance from the front lot line (see Figure 2). G. North-south dimension: The length of a line beginning at the mid-point of the northern lot line and extending in a southerly direction perpendicular to the northern lot line until it reaches a property boundary (see Figure 3). H. Protected solar building line: A line on a plat or man recorded with the plat that identifies the location on a lot where a point two feet above may not be shaded by structures or non-exempt trees (see Figure 10). I• Shade: A shadow cast by the shade point of a structure or vegetation when the sun is at an altitude of 21.3 degrees and an azimuth ranging from 22.7 degrees east and west of true south. J• Shade point: The part of a structure or non-exempt tree that casts the longest shadow onto the adjacent northern lot(s) when the sun is at an altitude of 21.3 degrees and an azimuth ranging from 22.7 degrees east and west of true south; except a shadow caused by a narrow object such as a mast or whip antenna, a dish antenna with a diameter of 3 feet or less, a chimney, utility pole, or wire. The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the midpoint of the front lot line. If the shade point is located at the north end of a ridgeline of a structure oriented within 45 degrees of a true north-south line, the shade point height computed according to the preceding sentence may be reduced by 3 feet. If a structure has a'roof oriented within 45 degrees of a true east-west line with a pitch that is flatter than 5 feet (vertical) In 12 feet (horizontal) the shade point will be the save of the roof. If such a roof has a pitch that is 5 feet in 12 feet or steeper, the shade point will be the peak of the roof (see Figures 4 and 5). K• Shade reduction line: A line drawn parallel to the northern lot line that intersects the shade point (see Figure 6). L. Shadow pattern: A graphic representation of an area that would be shaded by the shade point of a structure or vegetation when the sun is at an altitude of 21.3 degrees and an azimuth ranging between 22.7 degrees east and west of true south (see Figure 12) M• Solar access height limit: A series of contour lines establ m6axiMum h for or non-exemp t vegetation is allowed to grog: on lots to which a solar access permit applies. N. Solar access permit: A document issued by the City that describes the maximum height that non-exempt vegetation is allowed to grow on lots to which a solar access permit applies. � ;DC REVISION SOLAR - JAr7IIARY, 1991 PAGE f: O. Solar feature: A device or combination of devices or elements that does or will, use direct sunlight as a source of energy for such purposes as heating or cooling of a structure, heating or pumping of water, and generating electricity, Examples of a solar feature include a window or windows that contain(a) at least 20 square feet of glazing oriented within 45 degrees east and west of true south, hat water • •••_r " solar feature ma" he lined for a solar greenhouse, or a solar at n er heats • o Svac.a J purposes in addition to collecting solar energy, including but not limited to serving as a structural member or part of a roof, wall, or window. A south- facing wall without windows and without other features that uses solar energy is not a solar feature for purposes of this ordinance. P. Solar gain line: A line parallel to the northern property line(s) of the lot(e) south of and adjoining a given lot, including lots separated only by a street, that intersects the solar feature on that lot (see Figure T). Q. South or South facing: True south, or 20 degrees east of magnetic south. R. Sunchart, Ane or more photoaraphs that plot the position of the sun between 10:30 am and 1:30 pm on January 21, prepared pursuant to guidelines issued by the Director. The sunchart shall show the southern skyline through a transparent grid on which is imposed solar altitude for a 45-degree and 30 minute northern latitude i.n 10-degree increments and solar azimuth from true south in 15-degree increments. S. Und€svelopable area: An area that cannot be used practicably for a habitable structure, because of natural conditions, such as slopes exceeding 20$ in a direction greater than 45 degrees east or west of true south, severe topographic relief, water bodies, or conditions that isolate one portion of a property form another portion so that access is riot practicable to the unbuildable portion; or manmade conditions, such as existing ievelopmant which isolates a portion of the site and prevents itf3 fi.irther development; or setbacks or development restrictions that prohibit aevel.opment of a given area of a lot by law or private agreement; or existence or absence of easements or access rights that prevent development of a given area. T. Figures: ( DC REVISION - SOLAR JANUARY, 1991 PAGE `3 ' i N �k Figure 1 FLAGFRGNT FRONT LOT LINE LOT LINE it / NORMAL FFtONI' LOT UNE CURVED,FRONT, / \ LOT UNE Figure 2 NORTHERN LOT LINE < 45 degrees `NOMHEFIN i 1 LOT LINE LOT LINE „ MC REVISION - SOLAR - JANUARY, 1991 PAGE 4 Figure 3 NORTH-SOUTH DIMENSION OF THE LOT 1 N NORTH-SOUTH DIMENSION Figure 4 HEIGHT OF THE SHADE POINT OF THE STRUCTURE If the ridgeline runs EAST-WEST If the ridgetine runs EAST-WEST and the pitch is or flatter than 5 in 12: and the pitch is 5 in 12 or steeper: SHADE POINT-EAVE SHADE POINT.RIDGE Less than 5 in 12 Root Pitch 5 in 12 Roof Pitch or mao SHADE POINT. SHADE PONT. SAVE RIDGE ORTH•SOUTH W �� If the ridgeTirte torts NORTH SOUTH ,i�/� SHAnE POINT Measure from the northernmost point of the ridge,but reduce the height measurement by t.+vee (3) =et. NORTH -s r t' DC REVISION SOLAR - JANUARY, 195- PAGE 5 3 a: Figure 5 SHADE POINT HEIGHT Measure to average grade at the front lot line, SHADE POINT HEIGHT I Front lot line Figure 6 SHADE REDUCTION LINE Shade Reduction Line measured to Shade Point from Northern Lot Line AL 6 0' 35 N MC REVISION - SOLAR - JANUARY, 1991 PAGE 6 Figure 7 SOLAR GAIN LINE Solar Gain Line N 1 0 .4__.,_. North Lot Line of your South Neighbor Figure 8 SOLAR BALANCE POINT STANDARD .MAXIMUM SHADE POINT HEIGHT ALLOWED SHADE ON SOLAR FEATURE Protedutg your normarn locating your house neighbors sun to receive sun on r south windows f---N GUAPAWEM W HEIGHT @V LOT CENMR --------70'------- --------70'------- 10 11. 10 ! Standard Sidi Setbacks ��•L.- Reduced Side Setbacks SETBACK ADJUSTMENTS IF NEEDED TO MEET SOLAR STANDARDS CDC REVISION — SOLAR — JANUARY, 1991 PAGE 7 i 1 Figure 9 SOLAR LOT OPTION 1: BASIC REQUIREMENTS N Minimum of 90' north-south lot dimensan required Front lot line is within 30 degrees of an east-west axis Figure 10 SOLAR LOT OPTION 2: PROTECTED SOLAR BUILDING LINE t N Protected Solar SuA q Une within 30 degrees of east-west 47 r U least 7w betwe.n s r buWq ins and middle of w b the south. Sas wig r ensure abily to buW two i sloty house. i r - 1 _ DC REVISION — SOLAR — JANUARY. 1991 PAGE! 8 t Figure 11 SOLAR ACCESS HEIGHT LIMIT 938 Scotts Avenue 1 �d Parcel A Parcel 8 Parcel C i1 m 944 938 932 4 s --- ----20-. -- North ti 25- ----- ----30----------- Sc ;s Ave. -----35'---------- ---------------40------r----- -- -- —.---- _.__-- _5q-4S--- _S_==__� —55-- —60'--- ——————— ----65-- --------- --70--------------- ------ —75'— - 0, --------- -8 Parcel 0 Parcel E Parcel F SCALE 1- s 100- 945 937 933 Figure 12 SHADOW PATTERN f North I h Scotts Avenue 22.7'EAST 8 WEST OF TRUE W)AT.,SOUTH AXIS r, _DC REVISION — SOLAR — 'JANUARY, 1991 PAGE 9 M 18.88.040 Solar Access for New Development A. Purpose. The purpose of this section is to ensure that land is divided so that structurea can be oriented to maximize solar arcese and to minimize shade on adjoining properties from structures and trees. I B. Applicability. The solar design standard in section 18.83.040 C shall apply to applications for a development to create lots in R-1, R-2, R-3.5, R-4.5, and R-7 zones and to create lots for single family detached and duplex dwellings in all other residential zones, except to the extent the approval authority finds that the applicant has shown one or more of the conditions listed in sections 18.88.040 D and E exist, and exemptions or adjustments provided for therein are warranted. C. Design Standard. At least 80 percent of the lots in a development subject to this section shall comply with one or more of the options in this section; provided, a development may, but is not required to, use the options subsections 18.88.040 C.2 or C.3 to comply with this section. 1. Basic Req:<irement (see Figure 9). A lot complies with this section if it: a. Has a north-south dimension of 90 feet or more; and b. Has a front lot line that is oriented within 30 degrees of a true east-west axis. ( 2. Protected Solar Building Line Option (see- Figure 10). In the alternative, a lot complies with this section if a solar building line is used to protect solar access as follows: r a. A protected solar building line is designated on the plat or in documents recorded with the plat; and b. The protected solar building line is oriented within 30 degrees of a true east-west axis; and c. There is at least 70 feet between the protected solar building line and the middle of the north-south dimension of the lot to the south, measured along a line perpendicular to the protected solar' building line; and d. There is at least 45 feet between the protected solar building w line and the northern edge of the buildable area of the lot, or habitable structures are situated so that at least 80 percent of Iip their ground floor south wall will not be shaded by structures or non-exempt vegetation. 3. Performance Option. In the alternative, a lot complies with this section E ;DC REVISION SOLAR - JANUARY, 1991 PAGE 10 t a. Habitable structures built on that lot will have their long axis oriented within 30 degrees of a true east-west axis, and at least 80 percent of their ground floor south wall will be protected from shade by structures and non-exempt trees using appropriate deed restrictions; or b. Habitable structures built on that lot will orient at 32 percent of their glazing and at least 500 square feet of their roof area to face within 30 degrees east or west of true south, and that glazing and roof area are protected from shade by structures and non-exempt trees using appropriate deed restrictions. D. Exemptions from Design Standard. A development is exempt from section 18.88.040 C if the approval authority finds the applicant has shown that one or more of the following conditions apply to the site. A development is partially exempt from section 18.88.040 C to the extent the approval authority finds the applicant has shown that one or more of the following conditions apply to a corresponding portion of the site. If a partial exemption is granted for a given development, the remainder of the development sha11 comply with section 18,98,040 C. 1. Slopes. The site, or a portion of the site for which the exemption is sought, is sloped 20 percent or more in a direction greater than 45 degrees east or west of true south, based on a topographic survey by a licensed professional land surveyor or USGS or other officially recognized topographic information. - 2. Off-site shade. The site, or a portion of the site for which the exemption is sought, is within the shadow pattern of off-site features, such as but not limited to structures, topography, or non-exempt vegetation, which will remain after development occurs on the site from which the shade is originating. a. Shade from an existing or approved off-site dwelling in a single family residential zone and from topographic features is assumed to remain after development of the site. b. Shade from an off-site structure in a zone other than a single family residential zone is assumed to be the shadow pattern of the existing or approved development thereon or the shadow pattern that would result from the largest structure allowed at the closest setback on adjoining land, whether or not that structure now exists. C. Shade from off-site vegetation is assumed to remain after development of the site if: 'i) The vegetation that nausea =+- --i s = tela-t--ed in a _eyuired setback area; or (ii) The vegetation is within a fully developed area, public park, or legally reserved open space; or ! 1DC REVISION - SOLAR - JANUARY, 1991 PAGE 11 r 6 (iii) The vegetation is within a developable remainder of a parcel that is separated by an undevelopable area or features or (iv) The vegetation is part of landscaping required pursuant to chapter 18.100. d. Shade from other off-site sources � assumed to be shade that exists or that will be cast by development for which applicable local permits have been approved on the date a complete application for the development is filed. 3. On-site shade. The site, or a portion of the site for which ,the exemption is requested, is: a. Within the shadow pattern of on-site features such as, but not limited to structures and topography which will remain atter the development occurs; or b. Contains non-exempt trees at .least 30 feet tall and more than 5 inches in diameter measured 4 feet above the ground which have a I crown cover over at least 80 percent of the site, or the relevant I portion. The applicant can show such crown cover exists using a scaled survey or an aerial photograph. If granted, the exemption f shall be approved subject to the condition that the applicant I preserve at least 50 percent of the crc= that causes the shade that warrants the exemption. The applicant shall file a ( note on the plat or other documents in the office of the county recorder binding the applicant to comply with this requirement. The City shall be made a party to any covenant or restriction created to enforce any provision of this ordinance. The covenant or restriction shall not be amended without written City approval. E. ` Adjustments to Design Standard. The approval authority shall reduce the percentage of lots that must comply with section 18.88.04G C to the minimum extent necessary if it finds the applicant has shown it would cause or is subject to one or more of the following conditions: 1. Adverse impacts on density and cost or amenities. a. If the design standard in section 18.88.040 C.1 is applied, either the resulting density is less than that proposed, or on-site development costs (e.g. grading;, water, storm drainage and sanitary systems, and road) and solar related off-site development costs are at least 5 percent more per lot than if the standard is not applied. The following conditions, among others, could constrain the design of a development in such a way that compliance with section 18.88.040 C.1 would reduce density or i-r.:crease r lot costs in thisThapplicant shall _how 1� manner. e which, if any, of these or other similar site characteristics apply in an application for a development: ' ;DC REVISION -SOLAR - JANUARY, 1991 PAGE 12 f M The portion of the site for which the adjustment is sought has a natural grade that is sloped 10 percent or more and is oriented greater than 45 degrees east or west of true south based or. a topographic survey of the site by the professional land surveyor or USGS or other officially recognized topographic information. (ii) There is a significant natural feature on the site, identified as such in the comprehensive "!an or development ordinance, that prevents given streets or lots from being oriented for solar access, and it will exist after the site is developed. (iii) Existing road patterns must be continued through the site or must terminate on-site to comply with applicable road standards or public road plans in a way that prevents given streets or lots in the developmer:t from btring oriented for solar access. (iv) An existing public easement or right-of-way prevents given streets or lots in the development from being oriented for solar access. b. In the design standard in section 18.88.040 C.1 applies to a given lot or lots, significant development amenities that would otherwise benefit the lot(s) will be lost,or impaired. Evidence that a significant diminution in the market value of the lot(s) t, would result from having the lot(s) comply with section 18.88.040 C.1 is relevant to whether a significant development amenity is lost or impaired. Refer to amenities that qualify or to relevant comprehensive plan provisions or inventories. 2. Impacts of existing shade. The shadow pattern from non-exempt trees cover over at least 80 percent of the lot and at least 50 percent of the shadow pattern will remain after development of the lot. The applicant can show the shadow pattern using a scaled survey of non-exempt trees on the site or using an aerial photograph. a. Shade from non-exempt trees is assumed to remain if: the trees are situated in a required setback; or they' are part of an existing or proposed park, open space, or recreational amenity; or they are separated from the developable remainder of their parcel by an undevelopable area of feature; or they are part of landscaping required pursuant to Chapter 18.100; or they do not need to be removed for a driveway or other development. b. Also, to the extent the shade is caused by on-site trees or off- site trees on land owned by the applicant, it is assumed to remain if the applicant files in the office of the county recorder ,a :DC REVISION - SOLAR - JANUARY, 1991 PAGE 13 t f s _ covenant binding the applicant to retain the trees causing the shade on the affected late. F. Protection from Future Shade. Structures and non-exempt vagoration must comply with the Solar Balance Point Ordinance in Section 18.a8.05o on all lots in a development subject to the Solar Access Ordinance for New Development, including lots for which exemptions or adjustments to the Solar Access Ordinance for New Development have been granted. The applicant shall file a note on the plat or other documents in the office of the county recorder binding the applicant and subsequent purchasers to comply with the future shade protection standards in Section F. The City shall be made a part of any covenant or restriction created to enforce any provision of this ordinance. The covenant or restriction shall not be amended without written City j approval. i G. Application. An application for approval of a development subject to this ordinance shall include: 1. Maps and text sufficient to show the development complies with the solar design standard of Section 18.88.050 C, except for lots for which an exemption or adjustment from Section 18.88.050 C is requested, including all of the following items: a. The north-south lot dimension and front lot line orientation of each proposed lot. b. Protected solar building lines and relevant building site restrictions, if applicable. C. For the purpose of identifying trees exempt from Section F, a map showing existing trees at least 30 feet tall and over 6 inches diameter at a point 4 feet above grade, including their height, diameter and species, and stating that they are to be retained and are exempt. d. Copies of all private restrictions relating to solar access. 2. If an exemption or adjustment to Section 18.88.050 C is requested, mars and text sufficient to show that given lots or areas in the development l comply with the standards for such an exemption or adjustment in Sections 18.88.050 0 or E shall also be required. H. Review Process. Compliance with Section 18.88.050 shall be determined by the approval authority in conjunction with an application for a subdivision (Chapter 18.160), or land partition (Chapter 18.162). 18.88.050 Solar Balance Point A. Purpose. The purposes of this section are to promote the use of solar energy, to ,minimize shading of structures and accessory structures, and, where { :DC REVISION - SOLAR JANUARY, 1991 YALE 14 applicable; to minimize shading of strt;ctures by trees. Decisions related to this section are intended to be ministerial. 8. Applicability. This section applies to an application fir a building permit for All Structuress in R-1, 9-2, R-3.5, R-4.5, and R-7 zones and all single family detached and duplex structures in all other residential zones, except to the extent the approval authority finds the applicant has shown that one or more of the conditions listed in sections 18 88.050 E or F exists, and exemptions or adjustments provided for them are warranted. In addition, non-exempt vegetation planted on lots subject to the provisions of section 18.88.040.F of the Solar Access Ordinance for New Development shall comply with the shade point height standards as provided in sections 18.88.050 D and E. C. Solar Site Plan Required. An applicant for a building permit for a structure subject to this section shall submit a site plan that shows: 1. The maximum ahar7e, renin+ ►.c:w.. ____ ---• -y.. —owed unser section 18.88.050 D; 2. If the maximum shade point height is adjusted pursuant to section 18.88.050 D.l.b, the average elevation of the rear property line; and 3. The location of the shade point, its height relative to the average elevation of the front lot line or the elevation at the midpoint of the ifront lot line, and its orientation relative to true south; and, if applicable, 4. The solar balance point for the structure as provided in section k 18.88.050 H. D. Maximum Shade Point Height standard. The height of the shade point shall comply with either subsection 1 or 2 below. 1. Basic Requirement. a. The height of the shade point shall be less than or e—al to the height specified in Table A or computed using the following formula. The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the midpoint of the front lot line. If necessary interpolate between the 5 foot dimensions listed in Table A. H = (2 xSRL) - N + 150 5 i € Where: H = the maximum allowed height of the shade point (see Figures 4 and 5! SRL - shade reduction line (the distance between the shade point and the northern lot line, see Figure 6); and N = the north-south lot dimension, provided that a north-south lot dimension more than 90 feet shall use a value of 90 feet for this section. ay DC REVISION - SOLAR - JANUARY, 1991 PAGE 15 S c b. Provided, the maximum allowed height of the shade point, may be l increased one foot above the amount calculated using the formula or Table A for each foot that the average grade at the rear property line exceeds Lhe average grade at the front property line. TABLE A - MAXIMUM PERMITTED SHADE POINT HEIGHT (In Feet) Distance to . worth-south !at dimension (in feet) Shade 100+ 95 90 S5 80 75 70 65 60 55 50 45 40 Reduction Line from northern lot linetin feet) 70 40 40 40 41 42 43 44 65 38 38 38 39 40 41 42 43 60 36 36 36 37 38 39 40 41 42 55 34 34 34 35 36 37 38 39 40 41 50 32 32 32 33 34 35 36 37 38 39 40 45 30 30 30 31 32 33 34 35 36 37 38 39 40 28 28 28 29 30 31 32 33 34 35 36 37 38 35 26 26 26 27 28 29 30 31 32 33 34 35 36 30 24 24 24 25 26 27 28 29 30 31 32 33 34 25 22 22 22 23 24 25 26 27 28 29 30 31 32 20 20 20 20 21 22 23 24 25 25 27 28 29 30 15 18 18 18 19 20 21 22 23 24 25 26 27 28 10 16 16 16 17 18 19 20 21 22 23 24 25 26 ( 5 14 14 14 15 16 17 18 19 20 21 22 23 24 2. Performance Option. The proposed structure, or applicable non-exempt vegetation, will shade not more than.. 20 percent of the south-facing glazing of existing habitable structure(s), or, where applicable, the proposed structure or non-exempt vegetation cc;mply with section -18.88.040.0.2 or C.3 of the Solar Access Ordinance for New Development. If section 18.88.040.0.2, Protected- Solar Building Line, is used, non-exempt trees and the shade point structures shall be set back from the protected solar building line 2.5 feet for every 1 foot of height of the structure or of the mature height of non-exempt vegetation over 2 feet. E. Exemption from the Maximum Shade Point Height Standard. The approval authority shall exempt a proposed structure or non-exempt vegetation from sections 18.88.050 C and D if the applicant shows that one or more of the conditions in this section exist, based on plot plans or plats, corner elevations or other topographical data, shadow patterns, suncharts or photographs, or other substantial evidence submitted by the applicant. 1. Exempt Lot When created, the lot was subject to the Solar Access Ordinance for New Development and was not subject to the provisions of section 18.88.040 F. ... DC REVISION - SOLAR - JANUARY, 1991 PAGE 16 r t i 2. Pre-existing shade. The structure or applicable non-exempt vegetation art. will shade an area that is shaded by one of more of the following: a. An existing or approved building or structure; F b. A topographical feature; or C. Non-exempt vegetation will remain after development of the site. It is assumed that this vegetation will remain after development if it; (i) Is situated in a building setback required by this title; or (ii) Is part of a developed area or landscaping required by Chapter 16.100, a public park or landscape strip, or legally reserved open mace; or (iii) Is in a developable remainder of a parcel that is separated by an undevelopable area or feature; or (iv) Is on the applicants property and not affected by the development; or (v) A duly executed covenant is used to preserve trees causing such shade tF 3. Slope. The site has an average slope that exceeds 20 percent in a direction greater than 45degreeseast or we=t of true south based on a topographic survey by a licensed professional land surveyor or USGS or other officially recognized topographic information. 4. Insignificant benefit. The proposed structure or non-exempt vegetation shades one or more of the following: a. An undevelopable area; b. The wall of an unheated space, such as a typical garage; c. An area without solar features; or d. An undeveloped lot, other than a lot that was subject to the Solar Access Ordinance for New Development, where: (i) There are at least four single family detached or attached homes or duplexes within 250 feet of the lot within the same subdivision or a'phase of the subdivision; and (ii) A majority of the homes identified in subsection d.(i) above have no solar features. .DC REVISION - SOLAR JANUARY, 1991 PAGE 17 i e F 5. Public Improvement. The proposed structure is a publicly owned improvement. F. Adjustments to the Maximum shad-w- Point Height Standard ,��_ Height .,..a.,woaa,t. ittLJ aj�pr2tV$l dLiLilt7rii.y shall increase the maximum permitted height of the shade point determined using section 18.88.050 D to the extent it finds the applicant has shown one or more of the following conditions exist, based on plot plans or plats, corner elevations or other topographical data, shadow patterns, suncharts or photographs, or other substantial evidence submitted by the applicant. 1. Physical conditions. Physical conditions preclude development of the site in a manner that complies with section 18.88.050 D, due to such things as lot size less than 3,000 square feet, unstable or wet soils, or a drainage way, public or private easement, or right-of-way. 0 2. Conflict betwean rho L,X:^c:. Ch_-_ Shade ad- ca+isic weight and Allowed on the Solar Feature Standards. A proposed structure may be sited to meet the solar balance point standard described in section 18.88.050 H or be sited as rear to the solar balance point as allowed by section 18.88.050 H, if: a. Siting the proposed structure to meet the maximum shade point height standard using section 18.88.050 D would cause its solar reeature(s) to potentially be shaded as determined using section 18.88-050 G; and b. The application includes a form provided for that purpose by the City that: (i) Releases the applicant from complying with section 18.88.050 D and agrees that the proposed structure may shade an area otherwise protected by section 18.88.050 D;' (ii) Releases the City from liability for damages resulting from the adjustment; and (iii) Is signed by the owner(s) of the properties that would be shaded by the proposed structure more than allowed by the Provisions of section 18.88.050 D C. Before the City issues a permit for a proposed structure for which an adjustment has been granted pursuant to section 18.88.050 F.2, the applicant shall file the form provided for in subsection 2.b above in the Office of the County Recorder with the deeds to the affected properties. G. Analysis of Allowed Shade on Solar Feature 1. An applicant may, but is not required to, perforn, the calculations in or comply with the standards of section 18.88.050 3. 2. Applicants are encouraged to design and site a proposed habitable structure so that the lowest height of any solar feature(s) will not be .DC REVISION - SOLAR JANUARY, 1991 PAGE 18 shaded by buildings or non-exempt trees on lot(a) to the south. The applicant should complete the following calculation procedure to determine if solar feature(s) of the proposed structure will be shaded. To start, the applicant should choose which of the following euurces of shade originating from adjacent let(s) to tha avu`h to use to calculate the maximum shade height at the north property tine. a. Existing structures) o; non-exempt trees; or b. The maximum shade that can be cast from future buildings or non- exempt trees, based on Table C. If the lot(s) to the south can be further divided, then the north-south dimension is assumed to be the minimum lot width required for a new lot in that zone. 3. The height of, the lowest point of any solar feature of the proposed Structure calculated id C:41v LL1a1.CCl W1tSl retltspExG{. tV oit:.'.r the a`:°irayY elevation f1Y the elevation at the midpoint of the front lot line of the lot to the south. 4. The applicant can determine the height of the shadow that may be cast upon the applicants solar feature by the source of shade selected in subsection 2 by using the following formula or Table B. SFSH = SH - (SGL/2.5) Where: SFSH = the allowed. shadow height on the solar feature (see Figure 8) SH = the height of the shade at the northern lot line of lot(s) to the south as determined in section 18.88.050 G.2 SGL = the solar gain line (the distance from the solar feature to the northern lot line of adjacent lot(s) to the south, see Figure 7) TABLE B - MAXIMUM )PERMITTED HEIGHT OF SHADOW AT SOLAR FEATURE feet Distance from Allowed Shade Height at Northern Lot Line Solar Gain Line of Adjacent Lot(s) to the South (feet) to lot line (feet) 22 21 20 19 18 17 16 15 14 13 12 50 2 1 -- 45 4 3 2 1 40 6 5 4 3 2 1 35 8 7 6 5 4 3 2 1 30 10 9 8 7 6 5 4 3 2 1 25 12 11 10 9 a 7 6 5 4 3 2 20 14 13 12 11 10 9 8 7 6 5 4 15 16 15 14 13 12 11 10 9 8 7 6 10 1, 17 16 15 14 13 12 11 10 9 g 5 20 19 18 17 16 15 14 13 12 11 10 Table C may be used to determine (SH) in the above formula DC REVISION - SOLAR - JANUARY, 1991 PAGE 19 ar - - TABLE C North-south lot dimension of adjacent 100 95 90 85 80 75 70 65 50 55 50 45 40 lot(s) to south Allowed shade height at the north property 12 12 12 13 14 15 16 17 18 19 20 21 22 line of adjacent lot(s) to eouth 5. If the allowed si,cds height on the solar feature calculated in subsection 4 is higher than the lowest height of the solar feature calculated in subsection 3, the applicant shall be encouraged to consider changes to the house design or location which would make it practical to locate the solar feature so that it will not be shaded in the future. H. Solar Balance Point. If a structure does not comply with maximum shade point height standard in section 18.88.050 D and the allowed shade on a solar feature standard in section 18.88.050 G; than the solar balance point of the lot shall be calculated (see Figure 8). The solar balance point is the point on the lot where a structure would be the same from complying with both of these standards. I. Yard Setback Adjustment. The City shall grant an adjustment to the setback requirement(s) as indicated below if necessary to build a proposed structure so it complies with either the shade point height standard in section 18.88.050 D, the allowed zhade on a solar feature standard in section 18.88.050 G, or the solar balance point standard in section 18.88.050 H as provided herein (see Figure 8),. This adjustment is,not intended to encourage reductions in available solar access or unnecessary modification of setback requirements, and shall apply only if necessary for a structure to comply with the applicable provisions of this chapter. 1. R-7, R-12, R-25, and R-40 Zones: a. A .front yard setback may be reduced to not less than 10 feet. b. A rear yard setback may by reduced to not less than 10 feet. C. A side yard setback may be reduced to not less than 3 feet. d. Corner and through lot setbacks may be reduced to not less than 15 feet. e. Setback to the front of a garage may be reduced to not less than 18 feet. 2. R-3.5 and R-4.5 Zones: DC REVISION SOLAR JANUARY, 1991 PAGE 20 { a. A front yard>setback may he reduced to not less than 15 feet. b. A rear yard setback may be seduced to net less than 10 feet. C. A side yard setback may be reduced to not legs than 3 feet, d. Corner and through lot setbacks may be reduced to not less than 15 feet. e. Setback to the front of a garage way be reduced to not less than 18 feet. 3. R-1 and R--2 Sones: a. A front yard setback may be reduced to not less than 25 feet. b. A rear yard setback may be reduced to not less than 20 feet. C. A side yard setback may be reduced to not less than 5 feet. d. Corner and through lot setbacks may be reduced to not less than 15 feet. e. Setback to the front of a garage may be reduced to not less than 18 feet. J. Review Process. compliance with Section 18.88.050 shall be determined by the Director in conjunction with an application for a building permit. OTHER RELATED CODE AMENDMENTS 18 32 090 Approval Authority Responsibilities A. 13. Tree removal permits; [and) 14. Director's interpretations 1.1; and 15. Solar Access RSTairements pursuant to Chapter 18.88. C. 7. An appeal of a-sign permit decision or administrative exception made by the Director pursuant to Subsections 18.114.030 D and E or section 28.114.148, respectively[.), and 8. An appgal of s Solar Access Ra.-uirementc decision by the Director pursuant to Chapter 18.88. D. 9. ...... lands annexed to the City; [and) 10. Recommendations to the City Council on annexations[.); and `CDC REVISION SOLAR JANUARY, 1991 PAGE 21 11 Solar Access Requirements Pursuant to Chapter 18 88 18.44.060 Additional Requirements A. 2. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, [and] 18.84 Sensitive Lands, and 18.88 Solar Access Requirements; 1-8.46.060 Additional Requirements A. 2. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, [and] 18.84 Sensitive Lands, and 18.88 Solas Access Requirements; 18.48.060 Additional Requirements A- r:--r3 '-o-- ^t -'-�- aZ uao4sie:efi, a:lifiE1zers lO.CaU YlaTYneq Development, 18.82 Historic Overlay District, [and] 18.84 Sensitive Lands, and 18.88 Solar Access Requirements; 18.50.060 Additional Requirements A. 2. Overlay Districts, Chapters 18.80 Planned DG-•elopment. 18.82 Historic Overlay District, [and] 18.84 Sensitive Lands, and 18.88 Solar Access Requirements; A t.52.060 Additional Requirements A. 2. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, [and] 18.84 Sensitive Lands, and 18.88 Solar Access Requirements; 18.54.060 Additional Requirements A. 2. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands, [and] Action Areas[;], and 18.88 Solar Access Requirements,- 18.56.060 equirements;18.56.060 Additional Requirements A. 2. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands, [and] Action Areas[;], and 18.88 Solar Access Requirements; 18.58.060 Additional Requirements A. 2. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands, [and] Action Areas[;], and 18.88 Solar Access Requirements; CDC REVISION - SOLAR - JANUARy, 1991 PAGE 22 s l 130 150 Standard Dimensional Recruirements for conditional Use Twee C. 15. Duplexes; a. Lot Size: lo;ct.10 square feet; (and) b Solar Access Requirements Chapter 18-88; and [b]g. The remaining dimensional requirements of the underlying zoning district shall apply. SOU-ZACC/ACL 4 (CDC REVISION - SOLAR - JANUARY, 1991 PAGE 23 t i