HomeMy WebLinkAboutOrdinance No. 19716ORDINANCE NO. 19116
AN ORDINANCE CONCERNING SOLAR ACCESS; AMENDING SECTIONS
9.015, 9.06f~-, 9.150, 9.535, 9.575, AND 9.810 OF THE
EUGENE CODE, 1911; AND DECLARING AN EMERGENCY.
nrrrTni c.
A. When the solar access pravisions were added to the Land Use Chapter
of the Eugene Code, 1911 in 1986, the Council directed that the regulatians
and their impact on building construction be reviewed after approximately one
year of experience. An ad hOC committee of representatives from the pri nci -
pal interest groups and public agencies involved in the solar access regula-
tions came together to accomplish this review, after an initial evaluation
by the Lane Council of Governments. This committee, the Eugene Solar Access
Work Group, was composed of representatives from: the Homebuilders Associ-
ation of Lane County; Willamette valley Solar Energy Association; Eugene
Planning & Development Department; EWEB; and Lane Council of Governments.
Also on the committee were a technical consultant from the Oregon State
Homebuilders Association and a pri vote energy planning consultant, both of
whom had participated i n a Portland Metro Solar Access Model Regulations
project , The Portland Metro project was a col l aborat i ve effort of 22 local
governments, the homebuilding industry, and public interest groups to develop
solar access regulations that were compatible with level vpment needs and
substantially uniform in the Portland area.
B. The Eugene Solar Access Work Group met during the latter half of
1959 to review the Eugene provisions and compare them with the Portland
Metro Solar Access Model Regulations. The group worked on a consensus basis
relying as much as possible upon technically defensible findings to support
points of consensus and compromise. Their findings were drawn from the
Ordinance - 1
L-COG evaluation and from analyses conducted by the Work Group's technical
specialists concerning the transferability of the Portland Metro project's
research to Eugene's circumstances.
C. The Work Group's consensus recommendations are embodied in this
revision to the solar access provisions in the Eugene Code, 1971.
Now, therefore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 9.OI5 of the Eugene Code, 1911, is amended by amend-
ing the definitions of "Northern lot line," "North-south lot dimension,"
"Solar setback," and "Sunchart," set forth therein; deleting the definitions
of "Insubstantial shade, " "North-south slope," "Shadow casting point,"
"Shadow casting point height," "Solar envelope," "Solar factor," and "South-
ern lot line," and adding definitions for "Exempt tree or vegetation,"
"Front lot line," "Nan-exempt tree or vegetation," "Shade point," "Shadow
pattern," "Solar access height limit," "Solar access permit," "Solar balance
point," "Solar feature, " and "South or south-facing" i n alphabetical order
therein, to provide;
9.015 Definitions. As used in this chapter, unless the context requires
otherwise, the following words and phrases mean:
Exem t tree or ve etation. The full height and breadth of
vegetation that the,city manager or his or her designee has iden-
t~ f ~ ed as "solar fry endly" i n rut es adopted under this code; and
any vegetation l i steel on a plat map, a document recorded with the
plat, or a solar access permit as exempt.
Front 1 of 1 i ne. For purposes of the solar access standards,
a lot line abutting a street. Far corner lots, the front lot line
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 lof
1 i ne i s the 1 of 1 i ne that i s most paral 1 el to and closest to the
street, excluding the pole portion of the flag lot See Figure 1}.
Ordinance - ~
Nan-exem t tree or ve station. Vegetation that is not exempt
from the solar access regulations.
North-south dimension. The length of aline beginning at the
midpoint 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}.
Northern 1 of line. The 1 of line that i s the smallest angl e
from aline drawn true east-west and intersecting the northernmost
point of the lot, excluding the pole portion of a fl ag lot. I f the
earth line adjoins an undevelopable area other than a required yard
area, the northern lot line shall be at the north edge of such un-
devel opabl a area. I f two 1 of lines have an identical angle rel a-
ti ve to a 1 i ne drawn true east-west, then the northern 1 of 1 i ne
shall be aline ten feet in length within the lot parallel with and
at a maximum distance from the front lot line see Figure Z}.
Shade point, The part of a bui l di ng or non-exempt tree that
casts the longest shadow onto the adjacent northern lots} when the
sun is at an altitude of ZZ.6 degrees and an azimuth ranging from
30 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 three 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 f rant 1 of 1 i ne or the
elevation at the midpoint of the front lot line. If the shade
paint is located at the north end of the ridgeline of a building
oriented within 45 degrees of the true north-south 1 i ne, the shade
point computed according to the previous sentence may be reduced by
three feet. If a structure has a roof oriented within 45 degrees
of the true east-west line with a pitch that is flatter than five
feet vertical} in 1Z feet ~horizanta1}, the shade point will be
the save of the roof. If such a roof has a pitch that is five feet
i n IZ feet or steeper, the shade point will be the peak of the
roof see Figures 4 and 5} .
Shadow pattern. A graphic representation of an area that would
be shaded by ZZ.6 degrees and an azimuth ranging between 30 degrees
east and west of true south see Figure 1Z},
Solar access hei ht limit. A serf es of contour i i nes estab-
1 i shi ng the maximum permitted height for non-exempt vegetation on
1 ots affected by a sal ar access guarantee.
Solar ac,ce.ss permit. A document issued by the city that des-
cribes the- maximum height that non-exempt vegetation is allowed to
grow on lots to which a solar access permit applies.
Solar bat once ai nt, The solar balance point i s one-hat f ~ of
the minimum reduction of the solar setback that would be necessary
to leave the applicant's solar feature unshaded by an existing or
potential shade point 1 orated an a l of to the south ~ see Figure 8} .
Ordinance - 3
So ar bu
___ ~,1 di ng 1 i ne. Aline on a pl at or a map recorded with
the plat that ~~~ dent f i es the 1 ocat i on on a 1 of where shade cast
by buildings on non-exempt trees may not exceed two feet in verti-
cal height see Figure 10}.
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 building, heating or pump-
~ng of water, and generating electricity. Examples of a solar
feature include a window oriented to within 45 degrees east and
west of true south, a solar greenhouse, or a solar hot water heater.
A solar feature may be used for purposes in addition to co1]ecting
solar energy, ~nclud~ng but not 1~mited to serving as a structural
member or part of a roof, wall or window. Asouth-facing wall en-
closing an unheated area, and without windows and without other fea-
tures that use solar energy is not a solar feature for the purposes
of this code for example, an unheated garage}.
Solar
setback. The distance from
point, measured along aline
perpendicular to the northern
the northern lot line to
extending in a southerly
lot line.
the shade
direction
South or south-facing. True south or ZO degrees east of
magnetic south.
Sunchart. A photograph, or a scat ed drawing prepared or cer-
ti f i ed by a l i censed ar certified architect, landscape architect
engineer, planner or,utility solar technician, showing the posies
t~ ons of the sun during d~ fferent hours of the day and months of
the year, and the southern skyline. A sunchart uses as coordi-
nates a grid of the sun's altitude in 10 degree increments and
solar azimuth in 15 degree increments.
Section 2. Subsection ~i} of Section 9.060 of the Eugene Code, 1911,
i s amended to provide
9.060 P1 att i n and Ma i n Standards - Lots and Parcels . Al 1 1 ots and
parcels shat 1 comply with the following requirements . In th i s
section "1 ots" and "parcels" are used interchangeably. When more restri c-
tive, related provisions in the zoning ordinance apply.
~ Solar De,,.,~ gn St , -
~'} s' andards.
~1. Pur ose. The purposes of the solar design standards
for new development are to ensure that land is divided so that
buildings can be oriented to maximize solar access and to mini-
mize shade on adjoining properties from buildings and trees.
2. A~pplicab~.~,,,ity. The Solar Design Standards set out
in this subsection shall apply to applications to create lots
in the RA, R-1, R-~, R-3, R-4 and C-1 zoning districts. Lots
complying with this standard must be identified as such on
the final plat or map.
Ordinance - 4
n Stan
3. Desi~, d,ard. At least 80 percent of the lots in
a level apment subject~~ to this code shall comply with one or
more of the options i n this subsecti an.
a. Basic re uirement for subdivisions and arti-
tians. A lot complies with this subsection if it:
~1} Has a north-south dimension of 90 feet or
mere; and
42} Has a front l at1 i ne that i s ari ented
within 30 degrees of the true east-west axis.
b. Solar buildin line o tion. A lot complies with
this subsection if a solar building line is used to pro-
tect solar access as fo1laws:
~ 1 } A sal ar bui 1 d i ng 1 i ne for the i of to the
north is designated on the plat, yr documents re-
corded with the plat; and
~2} The solar building line for the lot to the
north is oriented within 30 degrees of the true
east-west axis; and
~3} There is at least 10 feet between the solar
bui 1 di ng line on the 1 of to the north and the mi ddl e
of the north-south dimension of the lot to the south,
measured al ong a l i ne perpendicular to the solar
building line; and
~4} There is at least 45 feet between the solar
building line and the northern edge of the buildable
area of the lot. "Buildable area" is any area of
the lot not restricted by general setback standards
under this code.
c . Performance o ti on . A 1 at complies with th i s
subsection if:
~I} Either:
~ a} Habitable buildings bui 1 t on that 1 of
will have their long axis oriented within 30
degrees of the true east-west axis and at least
80 percent of their south-facing wa11 i s pro-
tected from shade cast by buildings and non-
exempt trees; or
fib} Habitable buildings built on that lot
wi l 1 have at 1 east 40 percent of their glazing
and 500 square feet of their roof area facing
within 30 degrees of south and protected from
shade cast by buildings and non-exempt trees;
and,
42} The solar setback requirements for each 1 of
is recorded directly on the final plat ar map in the
manner prescribed by the city manager or his or her
designee.
4. Exem tions from the desi n standard. A proposed lot
shat 1 not be identified as a sol ar lot but shat 1 be included
i n the portion of the lots used to satisfy the svl ar design
standard when any of the conditions 1 i steel below exist:
a. S1 o es . The site or portion of the site for
which the exemption is sought, is sloped 20 percent or
Ordinance - 5
t
more in a direction greater than 45 degrees east ar west
of true south.
Ex~ sty n~af„
b. f-site shade. The site, or a par-
tion of the site for which the exemption is sought, is
within the shadow pattern of off-site features, such as
but not limited to buildings, topography, or non-exempt
vegetation, which will remain after development occurs
on the site from which the shade is originating.
~l} Shade from existing or approved aff-site
buildings or structures and from topographic fea-
tures i s assumed to remain after development of the
site.
~2} Shade from vacant developable areas off-
site is assumed to be the shadow pattern that would
result from the 1 argest bui 1 di ng allowed at the
closest setback al 1 owed on adjoining 1 and, whether
ar not that building now exists.
~3} Shade from aff-site vegetation is assumed
to remain after development of the site i f that veg-
etation is situated in a required setback; ar part
of a developed area, public park, or legally reserved
open space; or part of landscaping or other features
required pursuant to this code.
c. xi,stin on_s~te,_
~,,, -_ ' ,shade. The site, or portion
of the site for which the exemption is sought is:
~ 1 } Within the shadow pattern of on-site fea-
tures such as, but not limited to, buildings and
topography which wi 11 remain after the development
occurs; or
~2} Contains non-exempt trees at least 30 feet
tal 1 and more than six inches i n diameter measured
four feet above the ground which have a crown cover
over at 1 east 8o percent of the site yr relevant
portion. The applicant can show such crown cover
exists using a scat ed survey or an aeri a1 photograph.
If granted, the exemption shall be approved subject
to the condition that the applicant preserve at 1 east
50 percent of the trees that cause the shade that
warrants the exemption . The applicant shall file a
note an the p1 at or documents i n the office of the
county recorder binding the applicant to comply with
this requirement.
5. Ad'ustments to the deli n standard. The city manager
or his or her designee shall reduce to the minimum extent
necessary the number of lots that must comply with the
solar design standard upon finding that the applicant has
shown one or more of the following site characteristics to
apply:
Densit . If the design standard in this sub-
section is applied and the resulting density is less than
proposed or allowed by this code. The following condi-
tions, among others, could constrain the design of the
development i n such away that compliance with this sub-
Ordinance - fi
t
section would reduce density. The applicant shall show
which if any of these or other site characteristics apply
in an application for a development,
~1} Existing road patterns must be continued
through the site or must terminate on-site to comps y
w~ th appl ~ cabl a road standards or public road plans
in away that prevents given streets or lots in the
development from being oriented for solar access.
~2} An existing public easement or right-af-way
prevents given streets or lots i n the development
from being oriented for solar access.
~3} The portion of the site far which the ad-
justment is sought has a natural grade that is
sloped ten percent or more and is oriented greater
than 45 degrees east or west of true south.
~4} There is a significant natural feature on
the site, identified as such in the comprehensive
plan or development ordinance, that prevents given
streets or lots from being oriented far solar
access and that will continue to exist after the
site is developed.
b. Existin shade. Non-exempt trees at least 30
feet tall and more than six inches in diameter measured
four feet above the ground have a crown cover over at
1 east 80 percent of the lot and at 1 east 50 percent of
the crown cover will remain after development of the lat.
The applicant can show such crown cover exists by using
a scaled survey of non-exempt trees on the site ar by
using an aerial photograph.
~~} Shade from non-exempt trees is assumed to
remain if the trees are: situated in a required
setback; or part of an existing ar proposed park,
open space, or recreational amenity; or part of
landscaping or other features required pursuant to
this code; and they do not need to be removed for a
driveway ar other development .
~~} Also, to the extent the shade i s caused by
on-site trees or off-site trees an land owned by the
applicant, i t i s assumed to remain i f the applicant
files in the office of the county recorder a coven-
ant binding the applicant to retain the trees caul -
i ng the shade on the affected 1 ots .
fi. ye~etat~,vn__removal. No mare than 80 percent of the
bus 1 dabs a area of each~~~~~~~sol ar 1 at may be shaded by the mature
height of existing non-solar friendly vegetation measured by
the shade cast at noon on December 21, whether such vegeta-
ti on i s 1 ocated on ar off the 1 ot. Selective removal of vege-
tation ten feet or less in height prior to final land division
i s required to meet this standard,.
T. Protection from future shade. 4n land 1 ocated ~ n
the RA, R-1, R-2, R-3, R-4 and C-1 zoning districts, a l and
divider shall affix deed covenants and restrictions of title
to the title of lots as are required to protect adjacent solar
ordinance - 7
access protected lots from non-solar friendly vegetation shade.
Solar access protection for adjacent lots shall be equivalent
to the protection afforded by the solar setback standards set
out in section 9,5354} far the applicable zoning district.
Section 3. Subsection ~ 11 } ~ i } of Section 9.510 of the Eugene Code, 1911
is relettered (11)(f), and Subsections (11)(a) and (11)(e) thereof amended to
provide:
9.510 General Provisions.
X11} Solar Desi n Standards.
~a} Dn-site im.act. At least 80 percent of the dwelling
units ~n a planned unit development in RA, R-1, R-2, R-3 or C-1 zon-
ing districts shall be constructed and located to meet either of the
following:
1. Habitable bui 1 di ngs built on that i of wi 11 have
their long axis oriented within 3o degree of the true east-
west axis and at least 80 percent of their south-facing wall
is protected from shade cast by buildings and non-exempt
trees; or
2. Habitable buildings built i n the planned unit level -
opment will have at least 40 percent of their glazing and 544
square feet of their roof area facing within 30 degrees of
south and protected from shade cast by buildings and non-exempt
trees,
fie} Exem bons from the desi n standard. A dwell ing unit
shal 1 not be identified as a sol ar unit but shall be included i n
the parti on of the 1 ots used to satisfy this section when any of
the conditions listed below exist:
1, S1_opes. The site, or portion of the site, on which
the buildingts} is located is sloped ~0 percent or more in a
direction greater than 45 degrees east or west of true south.
2. Off-site shade. The building, ar portion of the
building for which the exemption is sought, is within the
shadow pattern of off-site features, such as but not 1 invited
to buildings, topography, or non-exempt vegetation, which
wi 11 remain after development occurs on the site from which
the shade is originating.
~a} Shade from an existing or approved off-site
building or structure and from topographic features is
assumed to remain after development of the site,
fib} Shade from vacant developable areas off-site is
assumed to be the shadow pattern that would result from
the 1 argest building al 1 awed at the closest setback
allowed an adjoining 1 and, whether ar not that bui 1 di ng
now exists.
~c} Shade from off-site vegetation is assumed to
Ordinance - 8
remain after development of the site if that vegetation
is: situated in a required setback; or part of a develop-
ed area, public park, or legally reserved open space;
or part of landscaping or other features required pur-
suant to this code.
3. 0n-site shade. The building, ar portion of the build-
ing for which the exemption is sought, is:
~a} Within the shadow pattern of on-site features
such as, but not limited to, buildings and topography
which will remain after the development occurs; or
4b} Contains non-exempt trees at least 3o feet tal l
and more than six inches in diameter measured four feet
above the ground which have a crown cover over at ]east
80 percent of the site or relevant portion. The appli-
cant can shave such crown cover exists using a scat ed sur-
vey or an aerial photograph. If granted, the exemption
shall be approved subject tv the condition that the appli-
cant preserve at least 50 percent of the trees that cause
the shade that warrants the exemption. The applicant
shall file a note on the plat or documents in the office
of the county recorder binding the applicant to comply
with this requirement.
Section 4. Section 9.535 of the Eugene Code, 1911, is amended to pro-
vide:
9.535 Solar Setback Standards.
~I} Pur ose. The purposes of the solar setback standards are to
promote the use of solar energy, and to minimize shading of buildings by
buildings and accessary buildings.
~ 2} Ap-p~ ~ cabi.1 i ty. The solar setback standards set out i n thi s
section shat 1 apply to an application for a bui 1 di ng permit for a] 1 bui 1 di ngs
on lots located i n RA, R-1, R-2, R-3, R-4, C-1, Go, and PL zoning districts .
If buildings an separate lots are attached or connected at a common lot line,
the solar setback standards apply as if the buildings are a single building
on a si ngl e 1 of composed of bath 1 ots.
~3} Solar site lan re uired. An applicant fora building permit
for a bui 1 di ng subject to this secti an shall submit a veri f i cati on that shows
the solar setback or the maximum shade point height al 1 owed under subsection
~4} of this section.
4 Soar_ setba,._._._
~ } _ _ _., ,, ck standard. The proposed building shall comply
with one of the subsections below:
~ a} Solar setback for RA R-1 R-2 and C-1 Zoni n Districts .
The solar setback of the shade point shall be greater than or
equal to the setback specified in Table lA or as computed using
the fol l owl ng formula:
SSB = X2.5 * 5PH} - 15 + ~N/2}
Where: 5SB =The solar setback the horizontal distance be-
tween the shade point and the northern 1 of 1 i ne,
see Figure 6};
Ordinance - 9
SPH = The height of the shade point see Figures 4 and
5 } ; and
N =The north-south dimension, provided that a north-
south dimension more than 9o feet shall use a
value of 90 feet for this calculation.
Provided, the solar setback of the shade paint may be decreased
2.5 feet from the amount calculated using the formula or Table 1
fvr each foot that the average grade at the rear property line ex-
ceeds the average grade at the front property line.
~ b~ Alternative standard: maxi mum shade of nt hei ht far
RA R-1 R-2 and C-1 zonin districts. The maximum height of the
shade point shall be 1 ess than or equal to the height specified i n
in Table 2 or as computed using the following formula:
SPH = „~,2 SSB} - N + 150
5
Provided, the maximum allowed height of the shade point may be in-
creased one foot above the amount calculated using the formula or
Table 2 for each foot that the average grade at the rear property
line exceeds the average grade at the front property line.
c Svl ar,,,setb,ack for R-3 zon,,,ng_ d,,_ ~._
~ } istrict. The solar setback
of the shade point shall be greater than or equal to the setback
specified in Table 1B or as computed using the fallowing formula:
SSB = SPH - ~2~ * 2.5
Solar,s,.
etba,ck for,,,. R-4 zan„~,, .,,, ,,,,,
~ ~ ,,,,, ' nq district. The sal ar setback
of the shade point shall be greater than or equal to the setback
specified in Table 1C or as computed using the following formula:
SSB = SPH - 30} * ~.5
~e~ Performance o tion. The proposed building will shade no
more than 20 percent of the south~faci ng wa11 of existing habi tabl e
bu~ld~ngs, or, where applicable the proposed building wi11 comply
with subsect~ans 9.060~~~3.b, or 3.c of the solar design standards.
If subsection 3.b. is used, the shade point of the buildings}
shall be setback from the solar building line 2.5 feet for every
one foot of height of the shade point.
~5} Abutting districts. Any portion of a building within 50
feet of a northern lot line which abuts a lot zoned for amore restrictive
solar access standard shall conform to the solar setback standard of the
more restrictive zan i ng district.
~fi} Exem tions. A building is exempt from the solar setback
standards when any of the following conditions exist:
~ a~ S1 odes , The 1 of on which the building i s located has an
average slope 20 percent or more in a direction greater than 45
degrees east or west of true south .
Pre-ex~ sty
~ } ' ng shade. The bui 1 di ng wi 11 shade an area that
~ s shaded by o ,~~~. _ ~,~.. ~..
' ne or more of the following:
1. An existing or approved building or structure;
~. A topographic feature; or
3. ,A non-exempt tree that will remain after development
of the s~ te. ~t ~ s assumed that a tree wi 11 remain after
development if it is: situated in a required setback; or part
of a level opal area, public park, or legally reserved open
space; or part of landscaping or other features required pur-
suant to this code. A duly executed covenant also can be used
Ordinance - 10
to preserve trees causing such shade.
~c} Insi nificant benefit. The proposed building shades one
or more of the following:
I. Anon-developable area, such as designated open space
or roadways, or a publ i c use which does not need solar access
~ parkl and, roadway, public f ac i 1 i ty} or simi 1 ar uses .
Z, The wall of an unheated space, such as a garage, ex-
c1 udi ng so1 ar greenhouses and other simi 1 ar solar structures.
k Ad u
~7} Yard Setba,c. _ j ,stment. The city shall grant an adjustment
to the side, front and/or rear yard setback requirements by up to 50 percent
only to the extent necessary to build a propased building so it complies
with the solar setback standard ~n subsection ~4} of this section or the
solar balance point adjustment i n subsection ~S} of this section. The yard
setback adjustment may nvt reduce the setback below that required to comply
with building code standards far fire control.
. S So ar balance, p_„_ ~_
~ } oint a,d„j,,ustment. The applicant may request an
add ustment to the standards in subsection ~4}~a} ar ~4}fib} of this section up
to but not exceeding the solar balance paint if both the following require-
ments are met . The solar balance point i s one-hal f of the minimum reduction
of the solar setback that would be necessary to leave the applicant's solar
feature unshaded by an existing or potential shade point located on a lot
to the south see Figure 8}.
~a} 5hade on solar feature. The solar feature of the appli-
cant's propased building will be shaded as determined in the foll~w-
ing subsections:
1. The applicant shat 1 choose one of the fol 1 owi ng
sources of shade originating frarn the adjacent lots} to the
south to calculate the maximum al 1 owabl a shade on the appl i -
cant's solar feature:
a. Existing buildings} ar non exempt trees; or
b. The maximum shade that can be cast from future
bui 1 di ngs or non-exempt trees, based an Table 4. if the
1ot~s} to the south can be further divided, the north-
south dimension shall be assumed to be the minimum lot
width required for anew lot in that zone.
2. The height of the 1 awest point ~f any solar feature
of the proposed bui 1 d i ng shat 1 be calculated with respect to
either the average elevation or the elevation at the midpoint
of the front 1 of 1 i ne of the 1 at to the south .
3. The applicant shall determine the height of the shadow
that would be cast upon the app1 i cant's solar feature by the
source of shade selected i n subsection ~ I } of this section by
using the fol 1 owi ng formula yr Table 3:
SFSH = SH - ~SGL/2.5~
where: SFSH = The allowed shadow height on the solar feature.
SH = The height of the shade at the northern 1 vt
1 i ne of 1 at ~ s } to the south as determined i n
this section,
SGL = The solar gain line the distance from the
solar feature to the northern lot line of the
adjacent 1 vt ~ s ~ to the south, ~ see Figure 1} .
fib} Neighbor,,,,,,approva1. The applicant submits a form provided
by the city that : ~ W..,~..~-
Ordinance - 11
1. Releases the applicant from complying with the solar
setback standard of subsection ~4} of this section and agrees
that the proposed structure may shade an area otherwise pro-
tected by subsection ~4} of this secti an.
2. Releases the city from liability for damages result-
ing from the adjustment.
3. is signed by the owners} of the properties that
would be shaded by the proposed building more than allowed by
the provisions of subsection ~4} of this section.
Before the city issues a permi t for a proposed building for which
an adjustment has been granted, the applicant shall f i 1 e the form
provided for above i n the office of the county recorder for record-
ing with the deeds to the affected properties.
Section 5. Subsection ~1}~c} of Section 9.576 of the Eugene Code, 1911,
is amended to provide:
9.516 General Provisions -Solar Access Guarantee.
(7) Effect and Enforcement.
~c} The Sal ar Access Guarantee holder the original permi t
recipient or his or her successor-in-interest} and any affected
party may enter into an agreement to submit disagreements as to
the scope of the Solar Access Guarantee to binding arbitration
before the city hearings official. Such arbitration proceedings
shall be governed by the provisions of ORS 3fi,300 to 3fi.365. The
city shall be compensated for the casts of an arbitrator at the
rate it pays the hearings official.
Section 6. Subsection ~ 10} ~c} of Section 9.810 of the Eugene Code,
1911, is amended tv provide:
9.510 Mobile Home Parks - General Provisions.
(10) Solar access.
~c} Exem tivns from the desi n standard. A mobile home space
i s exempt from solar access requirements but shat 1 be i nc1 uded i n
the 80 percent solar access requirement when any of the conditions
1 i steel bel aw exist:
1. Sl ales . The mobi 1 e home space i s sloped 20 percent
or more in a direction greater than 45 degrees east or west
of true south .
~. Off-site shade. The mobile home space for which the
exemption i s sought i s within the shadow pattern of off -site
features, such as but not 1 invited to buildings, topography,
Ordinance - 12
or non-exempt vegetation, which will remain after development
occurs an the site from which the shade i s originating.
a. Shade from existing or approved off-site bui 1 d-
ings or structures and from topographic features is
assumed to remain after development of the site.
b. Shade from vacant deve1 opabl a areas off-si to i s
assumed to be the shadow pattern that would result from
the largest building allowed at the closest setback
allowed on adjoining land, whether ar not that building
now exists.
c. Shade from off-site vegetation is assumed to
remain after development of the site if that vegetation
i s: situated i n a requ i red setback; or part of a
developed area, public park, or 1 egal ly reserved open
space; or part of landscaping or other features required
pursuant to this code.
3. On-site shade. The mobi 1 e home site for which the
exemption is sought is:
a. Within the shadow pattern of on-site features
such as, but not 1 imi ted ta, buildings and topography
which will remain after the development occurs; or
b. Contains non-exempt trees at least 30 feet tall
and more than six inches in diameter measured four feet
above the ground which have a crown cover over at least
80 percent of the site or relevant portion . The app1 i -
cant can show such craven cover exists using a scat ed sur-
vey or an aerial photograph. If granted, the exemption
shall be approved subject to the condition that the
applicant preserve at least 50 percent of the trees that
warrants the exemption. The applicant shall file a note
on the plat ar documents i n the office of the county
recorder binding the applicant to comply with this re-
quirement.
4. Street orientation. The shape and orientation of the
mobi 1 e home space ~s} i s constrained by the need to conform
with approved street plans and existing rights-af-way.
Section 7. Tables 1, 2, 3, 4, 5, and fi, appended to Chapter 9 of the
Eugene Code, 1971, are deleted, and Tables 1A, 1B, 1C, 2, and 3, and Figures
1, 2, 3, 4, 5, 6, 1, 8, 9, 10, 11, 12, and 13 attached hereto, are hereby
appended to Chapter 9 of the Eugene Code, 1911.
Section 8. The City Retarder, at the request of or with the concurrence
of the City Attorney and Planning Director, i s authorized to admi n i strati vel y
Ordinance - 13
correct any reference errors contained herein or i n other provisions of the
Eugene Code, X971, to the provisions added, amended, or repealed herein.
Section 9. That the matters contained herein concern the public wet fare
and safety and therefore, an emergency i s hereby declared to exist, and thi s
Ordinance shall become effectively immediately upon its passage by the City
Council and approval by the Mayor, retention by the Mayor far more than ten
days, or readoption over a Mayoral veto by two-thirds of all members of the
Council.
Passed by the City Council this
24th day of September, 1990
City Re "r
Approved by the Mayor this
24th day of September, 1990
,~ ~~
r ~~ q
ayor
Ordinance - 14
Table lA
SOLAR SETBACK TABLE
FOR RA, R-1, R-2, C-~, AND PL DISTRICTS
SHADE- NORTH- SOUTH LOT DIMENSION
POINT 100+ 9~ 90 85 80 75 70 65 60 55 50 45 40
HEIGHT ---`-- ----- ----- ---- ------ ------ ---- ----- ----- ----- ----- ----- -----.~_
(Fe
) ~
lt
~ 0 0 0 0 0 0 0 0 0 0 0 0 0
14 ~ 5 5 5 3 0 0 0 0 0 0 0 0 0 ~
16 ~ 10 10 10 8 5 3 0 0 0 0 0 0 0 ~
18 ~ 15 15 15 13 10 8 5 3 0 0 0 0 0 ~
20 ~ 20 20 20 18 15 13 10 8 5 3 0 0 0 ~
22 ~ 25 25 25 23 20 18 15 13 10 8 5 3 0 ~
24 ~ 30 30 30 28 25 23 20 18 15 13 10 8 5 ~
26 ~ 35 35 35 33 30 28 25 23 20 18 15 13 10 ~
28 ~ 40 40 40 38 35 33 30 28 25 23 20 18 15 ~
30 ~ 45 45 45 43 40 38 35 33 30 28 25 23 20 ~
32 ~ 50 50 50 48 45 43 40 38 35 33 30 28 25 ~
34 J 55 55 55 53 50 48 45 43 40 38 35 33 30 ~
36 ~ 60 60 60 58 55 53 50 48 45 43 40 38 35 ~
38 ~ 65 65 65 63 60 58 55 53 50 48 45 43 40
40 ~ 70
----- 70
---- 70
----- b8
---- 65
------ 63
------ 60
---- 58
------ 55
----- 53
---- 50
----- 48
------ 45
----
Solar Setback = (2.5 * SPH) - 75 + (N/2)
Where; SPH = Height of the Shade Casting Point
N = Narth-south lot di~ension
Table IB
SOLAR SETBACK TABLE FOR R-3 DISTRICT
SHADE POINT HEIGHT
22 24 26 28 30 32 34 36 38 40 42
SOLAR SETBACK -------------------------------------------------------
(Feet) ~ 0 5 10 15 20 25 30 35 40 45 50 ~
-------------------------------------------------------
Solar Setback = (SPH - 22) * 2.5
Tab1 e I C
SOLAR SETBACK TABLE FOR R-4 DISTRICT
SHADE POINT HEIGHT
30 32 34 36 38 40 42 44 46 48 50
SOLAR SETBACK -------------------------------------------------------
(Feet) ~ 0 5 10 15 20 25 30 35 40 45 50
-------------------------------------------------------
Solar Setback = (SPH - 30) * 2.5
Table 2
SHADE POrNT HEIGHT TABLE
NORTH- SOUTH LOT DIMENSION
SOLAR 100+ 95 90 85 80 75 70 65 60 55 50 45 40 "°'
SETBACK ----- ---- -----
--
--
-------
------
----
----
------
----
-----
-----
----
(Feet) ~ ~
5 ~ 14 14 14 15 16 17 18 19 20 21 22 23 24 ~
10 ( 16 16 16 17 18 19 20 21 22 23 24 25 26
15 ~ 18 18 18 19 20 21 22 23 24 25 26 27 28 ~
20 ~ 20 20 20 21 22 23 24 25 26 27 28 29 30 ~
25 ( 22 22 22 23 24 25 26 27 28 29 30 31 32 ~
30 ( 24 24 24 25 26 27 28 29 30 31 32. 33 34 ~
35 ( 26 26 26 27 28 29 30 31 32 33 34 35 36 ~
40 ( 28 28 28 29 30 31 32 33 34 35 36 37 38 ~
45 ~ 30 30 30 31 32 33 34 35 36 37 38 39 40 ~
50 ( 32 32 32 33 34 35 36 37 38 39 40 41 42
55 ~ 34 34 34 35 36 37 38 39 40 41 42 43 44 ~
60 ~ 36 36 36 37 38 39 40 41 42 43 44 45 46 ~
65 ~ 38 38 38 39 40 41 42 43 44 45 46 47 48 ~
70 ~ 40 40 40 41 42 43 44 45 46 47 48 49 50
75 ~ 42 42 42 43 44 45 46 47 48 49 50 51 52 ~
80 ~ 44
----- 44
----- 44
---- 45
----- 46
------ 47
------ 48
---- 49
---- 50
------ 51
---- 52
----- 53
----- 54 ~
----
Shade Point Height = (2 * SSB) - N + 150
-------------------
5
Where SSB = Solar setback from the northern lot line to the
shade point
N ~ North-south lot dimension
Table 3
HEIGHT OF SHADOW ON
SOLAR FEATURE
SOLAR GAIN
LINE TO LOT
LINE
(Feet)
ALLOI~ED SHADE HEIGHT AT NORTHERN LOT LINE OF
AD~AC ENT SOT TO THE SOUTH ~~''-~
22 21 20 19 18 17 ~ 16 15 14 13 12
5 ~ 20 19 18 17 16 15 14 13 12 11 10 ~
10 ~ 18 17 16 15 14 13 12 11 10 9 8 ~
15 ~ 16 15 14 13 12 11 10 9 8 7 6 ~
20 ~ 14 13 12 11 10 9 8 7 6 5 4 ~
25 ~ 12 11 10 9 8 7 6 5 4 3 2 ~
30 ~ 10 9 8 7 6 5 4 3 2 1 0 ~
35 ~ 8 7 6 5 4 3 2 1 ~
40 ~ 6 5 4 3 2 1 ~
45 ~ 4 3 2 1 ~
50 ~ 2
------ 1
-----
-----
----
------
----
------
-----
-----
----- ~
----
SFSH = SH - (SGL/2.5)
Where: SFSH = The allowed shadow height on the solar feature
SH ~ The height of the shade at the northern lot line
of lots to the south
SGL = The solar gain line the distance from the
solar feature to the northern lot line of adjacent
lots to the south
Table 4
HEIGHT OF SHADOW AT
THE NORTH LOT LINE
NORTH-SOUTH L.OT DIMENSION OF ADJACENT LOT TO THE SOUTH
ALLOWED SHADE _
HEIGHT AT NORTH I00 95 90 85 80 75 l0 65 60 55 50
PROPERTY LINE ---------------------~.._..__~.w-__.._____-_-_______.~-..___-
(Feet) ( 12 12 12 13 ~ 4 15 16 17 18 19 20
------------------------------------------------------
SO~.AR FIGURES
Solar
Figure 1
F'-"~ FRO"T FRONT LOT LINE
LOT LINE
1
NORMAL FRONT
LOT LINE
l
1
FRONT LOT LINE
CURVED FRONT FOR
LOT LINE CORNER LOT
I I
Soar
Figure 2
NORTHERN LET LINE
~astJlNest Axis
111\\////////{///\/~ HNifiNNi•{•Ni//^i//////{{/^\///////{/ii/{{f{p{iNi//{////{/{{{/{ff^//{if{fif{Niif//11{/ /\^1//////\\\\/11 /IIN 1{
< 45 degrees .-~ "
N~Rf HERN
tQY ~~ N E
N4R~'HERN
L4T l.iNE
N
SOLAR FxGURES
Solar
Figure 3
NORTH-SOUTH DIMENSION
,_
NORTH-S4UTi~ ~ ~';r,'. ~iMEN$~~N -
N
Sod ar Figure 4
SHADE PINT HEEGHT ~F THE BUILDING
If the ridgeline runs EAST-WEST If the ridgeline runs EAST-WEST
and the pitch is 5 in l 2 or greater: and the pitch is 4 in t 2 or flatter;
r
SHADE POINT =RIDGE
~~
iE~~~~1,f'+'''Ek4'i111
ri~~~~~~~~t''11,''111'
~,~ii~~~1~1'1'
5 in t2 Rov# Pitch
SHADE PGINT
RIDGE
SHADE PAINT = SAVE
E~~~1',~''~,~'1'
q~i''~i1'''~<<~
~=s~
4 in t2 Rav# Pitch ~~~~'''~
SHADE PAINT
SAVE
5
SHAbE PAINT =RIDGE PAINT ~ NORTH-SOUTH RIDGE --~
SHADOW
~~~~''`'{'a{CASTING
If the ridgeline runs NORTH-SOUTH ~~`~~POINT
measure from the northern-mos# _~~~~~~~~~~~~~~~~~~~~ ~~-.~,..~i~~~~ ~~{I
point of the ridge. :::~:::::::.:;':!~!~~,~:,1
SOLAR FIGURES
Soar
figure 5
SHADE PGCNT HEIGHT MEASUREI~CENT
. s f::f
.~f`ff
.f~r~ Illt
~~~' Illlrlrllllll
Ilillllllllrllillll
Illlllllllllr~._
SHADE P~II
Front Lot Line
Sofiar Figure 6
SOLAR SETBACK
West Elevation
12'
Shadow ~ ~
Height
t- 30 Shade Point
45'
Solar Setback
SOLAR FIGURES
Solar
Figure 7
SOLAR GAIN LINE
N Solar Gain Line
North Lot Line of
10' outh Neighbor
Solar
i*ig ure 8
SaLAR BALANCE PAINT
SOLAR BALANCE P01NT
Shade height on
norttiem lot line MAXIMUM SHADE
allowed to exceed POINT HEIGHT
~_ by 1'
N
""`u' 3Q' Heighfi
IMea~ure->
Guaranfiee
!~~ ~:~1
~'... ~`
ALLOWED SHADE ON
SOLAR FEATURE
SOLA~t FIGURES
' Sol ar figure 9
S~IAR DESIGN STANDARD: BASi~ GPTIGN
RIGHT ~~ WAY
~rorit Ic
3Q deg
east-w
Sod ar Figure la
SOLAR BUILDING LINE
Solar Building Line is
oriented within 30
degrees of the
east-west axis N
At least 70' between solar
_ building line and middle
of lot to the south. This will ;
ensure ability to build two ~,
story house,
SOLAR FIGURES
Sa] ar Figure 11
SOLAR ACCESS HE~~HT LIMIT
Parcel A Parcel B Parcel C
232 236 240
t
_., 5 .~.__.»_
N
_ r w r_ 1~ _ r r
~,
uw .~ _ _ rnrr rr _ ~~ _ _ r - _ _
- _ _ _ _ . -/rye ~ - r - r .r _ _ _ r r
SunsefDrlve -----`-V--3a' --.__..___
r w _ r w - _ _ r 3 • _ -[~r rr ~r r w~ ~r r _ _ r
_____- r r w r r r r~ V w~ aw r.r r. r r_ r r wn
rr ___ r_ r r r_• 4~~ r_ _pN~r r r r r r r r r__ r_
W
~'
L ~~
r _ r _ _ _ _ r r _ r _ r ~~ • r .r - w rr r _ r _ _
.._....____ _ 75__r_rr r____r__
____.._-- -g5=-__-__ ---_-__.r
_ w _ r ~ _ _ _ _ _ r w - ~ ~ .. _ .r~ r _ _ r ,. _ _ w i
--_~,__-.. _ 105' _-~._--~..,.__..___,
Parcel D Parcel Parcel F
235 X39 Z~d3
,. t
S~~AR F~~URES
Sod ar figure 13
MEASC1RiNG THE 5HADE PC~iNT HEIGHT GN A SLGPE
QASE ~
CASE 2
50'
~- ,~ ~a'
ELEv: +2Q' R.0 w, 40
~ELEV a'te'
34' Hei ght guarantee
X24' Shope adjustment
50' Shade poi nt hei ght al 1 owed as ~ ELEV: -2Q'
measured from the f rant lot line
NQTE: Although the Solar Balance Paint Standard guarantees a 30' high shade
poi nt at the 1 ot's mi dpoi nt, the sl ape ad justment al 1 aws a house wi th a hei ght
of 40' f ram the shade point to grade to be lasted in the center of the lot.