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Ordinance No. 19400
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Ordinance No. 19400
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Last modified
6/10/2010 3:44:36 PM
Creation date
2/18/2009 2:22:56 PM
Metadata
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Council Ordinances
CMO_Document_Number
19400
Document_Title
Re solar access, amending 7.640, 9.015, 9.030, 9.035, 9.060, 9.095, 9.386, 9.445, 9.510, 9.512, 9.534, 9.536, 9.540, 9.542, 9.544, 9.550, 9.554 & 9.810 of Eugene Code, 1971; adding 9.073, 9.535 & 9.576 to that Code; and providing effective date.
Adopted_Date
8/13/1986
Approved Date
8/13/1986
CMO_Effective_Date
1/1/1987
Signer
Brian B. Obie
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3, Density guarantee, ~f application of the Sour <br />Design Stan ar s prevent creation of the maxi mum number of <br />~ ots a1 ~ owed i n this code, compliance with the 80 percent re- <br />qui cement i n section 9.060 ~ i } l , above shat 1 be excused to the <br />extent necessary to a] low creation of the maximum number of <br />lots allowed in this code. <br />4. Exemptions. A proposed lot shall not be identified <br />as a solar access protected lot but shall be included in the <br />portion of the 1 ots used to satisfy section 9.060 ~ i } 1, above <br />when any of the conditions listed below exist: <br />a. The north-facing north-south slope of adjacent <br />lots} to the south is greater than 15 percent. <br />b. More than 44 percent of the buildable area of <br />the lot i tsel f i s shaded by existing on or of f the lot <br />non-sal ar friendly vegetation or topographic features at <br />noon on December Z1, "Buildable area" is any area of the <br />lot not restricted by general setback standards under <br />this code. <br />c, The north-south dimension in the design of the <br />adjacent lots} to the south is constrained by the need <br />to conform with approved street plans or existing ri ghts- <br />of-way, <br />5, vegetation removal , No more than 40 percent of the <br />buildable area of each solar access protected lot can be <br />shaded by the mature height of existing non-solar friendly <br />vegetation measured by the shade cast at noon on December Z1, <br />which vegetation i s located on or off the 1 ot. Selective re- <br />moval prior to final land division of vegetation ten feet or <br />less in height is required to meet this standard. <br />Section 6, Section 9.073 i s added to the Eugene Code, 1911, to read <br />and provide; <br />9.073 Restrictions of Record. On 1 and 1 ocated i n the RA, R-l , R~-2, R-3, <br />and C-1 zoning districts, a land divider shall affix deed covenants <br />and restrictions of ti t1 e to title to lots as are required to protect ad ja- <br />cent solar access protected lots from non-solar friendly vegetative shade, <br />Solar access protection for adjacent lots shall be equivalent to the protec- <br />ti on afforded by the solar setback standards set out i n section 9.535 for the <br />applicable zoning district, <br />Section 7, Section 9.095 of the Eugene Code, 1911 i s amended by rel et- <br />tering the current subsections (d) through (n) to (e) through (o) respec- <br />tively, and adding a new subsection ~d}, to read and provide; <br />9,095 S ecific variance Provisions -Panhandle Lots. The purpose of <br />this section i s to encourage more intensive 1 and utilization and <br />compact growth by permi tti ng a vari once to the frontage requirements of thi s <br />Ordinance ~- 1Z <br />
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