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A. Lot Classifications. All lots shall meet the provisions of this section and will be classified according to the following formulas and table.

1. Standard A Lots. Lots with a north-south lot dimension exceeding that calculated by Formula I and zoned for residential uses shall be required to meet setback standard A in subsection 18.4.8.030.A. See definition of north-south lot dimension in part 18.6.

Minimum N/S lot dimension for Formula I = (30') / (0.445 + S)

Where: S is the decimal value of slope, as defined in part 18.6.

2. Standard B Lots. Those lots with a north-south lot dimension that is less than that calculated by Formula I but greater than that calculated by Formula II, any lot zoned C-1, E-1, or M-1 and not exempt by subsection 18.4.8.020.B, or a lot not abutting a residential zone to the north, shall be required to meet setback standard B in subsection 18.4.8.030.B. See definition of north-south lot dimension in part 18.6.

Minimum N/S lot dimension for Formula II = (10') / (0.445 + S)

3. Standard C Lots. Those lots with a north-south lot dimension that is less than that calculated by Formula II shall be required to meet setback standard C in subsection 18.4.8.030.C. See definition of north-south lot dimension in part 18.6.

Table 18.4.8.020.A. Lot Classification Standards

Slope

-.30

-.25

-.20

-.15

-.10

-.05

0.0

.05

.10

.15

.20

STD A

207

154

122

102

87

76

67

61

55

50

46

STD B

69

51

41

34

29

25

22

20

18

17

15

B. Exemptions.

1. Architectural Projections. Rooftop architectural features a maximum of four feet in width, such as chimneys and vent pipes, and light poles and flag poles shall be exempt from the setback standards in section 18.4.8.030.

2. Steep Slopes. Any lot with a slope of greater than 30 percent in a northerly direction, as defined by this ordinance, shall be exempt from the setback standards in section 18.4.8.030.

3. Zones. Any lot in the C-1-D, CM, and NM-C zones, and properties in the C-1 zone not abutting a residential zone, shall be exempt from the setback standards in section 18.4.8.030.

4. Existing Shade Conditions. If an existing structure or topographical feature casts a shadow at the northern lot line at noon on December 21, that is greater than the shadow allowed by the requirements of this section, a structure on that lot may cast a shadow at noon on December 21, that is not higher or wider at the northern lot line than the shadow cast by the existing structure or topographical feature. This exemption does not apply to shade caused by vegetation.

a. Actual Shadow Height. If the applicant demonstrates that the actual shadow that would be cast by the proposed structure at noon on December 21 is no higher than that allowed for that lot by the provisions of this section, the structure shall be approved. Refer to Table 18.4.8.020.B.4.a, below, for actual shadow lengths.

Table 18.4.8.020.B.4.a. Actual Shadow Length (at solar noon on December 21st)

Height in feet

Slope

-0.30

-0.25

-0.20

-0.15

-0.10

-0.05

0.00

0.05

0.10

0.15

8 *

55

41

33

27

23

20

18

16

15

13

10 *

69

51

41

34

29

25

22

20

18

17

12 *

83

61

49

41

35

30

27

24

22

20

14 *

96

72

57

47

41

35

31

28

26

24

16 *

110

82

65

54

46

40

36

32

29

27

18 *

124

92

73

61

52

46

40

36

33

30

20 *

138

102

82

68

58

51

45

40

37

34

22 *

151

113

90

75

64

56

49

44

40

37

24 *

165

123

98

81

70

61

54

48

44

40

26 *

179

133

106

88

75

66

58

53

48

44

28 *

193

143

114

95

81

71

63

57

51

47

30 *

207

154

122

102

87

76

67

61

55

50

32 *

220

164

130

108

93

81

72

65

59

54

34 *

234

174

139

115

98

86

76

69

62

57

36 *

248

184

147

122

104

91

81

73

66

60

38 *

262

195

155

129

110

96

85

77

70

64

40 *

275

205

163

135

116

101

90

81

73

67

5. Structures within cottage housing developments meeting the standards in section 18.2.3.090, that cast their shadows entirely within the parent parcel of the cottage housing development, shall be exempt from the setback standards in section 18.4.8.030 provided they do not cast a shadow upon the roof of a dwelling within the cottage housing development.

C. Exceptions and Variances. Requests to depart from section 18.4.8.030, Solar Setbacks, are subject to subsection 18.4.8.020.C.1, Solar Setback Exception, below. Deviations from the standards in section 18.4.8.050, Solar Orientation Standards, are subject to subsection 18.5.2.050.E, Exception to the Site Development and Design Standards.

1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030, Solar Setbacks, if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist.

a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties’ deed, a release form supplied by the City containing all of the following information:

i. The signatures of all owners or registered leaseholders holding an interest in the property in question.

ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted.

iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver.

iv. A description and drawing of the shading which would occur.

b. The approval authority finds all of the following criteria are met.

i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings.

ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot.

iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. (Ord. 3147 § 8, amended, 11/21/2017)

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