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5-10   SOLAR ACCESS
5-10(A)   PURPOSE
This Section 14-16-5-10 is intended to allow for development while ensuring continued access to solar energy.
5-10(B)   APPLICABILITY
The standards in this Section 14-16-5-10 apply to development in any zone district unless specified otherwise in this IDO.
5-10(C)   BUILDING HEIGHT
All development in the R-A, R-1, R-MC, R-T, and R-ML zone districts shall comply with the standards in this Subsection 14-16-5-10(C).
   5-10(C)(1)   The building height shall not exceed the relevant heights shown in Table 5-10-1 or the maximum building height allowed by the zone district, whichever is less. The building heights in the table were determined based on the distance cardinally south from the northern property line and an angle plane of 32 degrees angle that allows 1 hour of Winter Solstice sunlight to hit at least 2 feet up on a southern-facing wall located 10 feet from the property line. Distances from the northern property line that were not whole numbers were rounded down, unless the decimal was .9 or more, in which case they were rounded up. 242
Table 5-10-1: Solar Rights Maximum Building Heights 243
Distance from Northern Lot Line, ft.
Maximum Building Height, ft.
Distance from Northern Lot Line, ft.
Maximum Building Height, ft.
Table 5-10-1: Solar Rights Maximum Building Heights 243
Distance from Northern Lot Line, ft.
Maximum Building Height, ft.
Distance from Northern Lot Line, ft.
Maximum Building Height, ft.
0
8
26
24
1
8
27
25
2
9
28
25
3
10
29
26
4
10
30
27
5
11
31
27
6
12
32
28
7
12
33
28
8
13
34
29
9
13
35
30
10
14
36
30
11
15
37
31
12
15
38
32
13
16
39
32
14
17
40
33
15
17
41
33
16
18
42
34
17
18
43
35
18
19
44
35
19
20
45
36
20
20
46
37
21
21
47
37
22
22
48
38
23
22
49
38
24
23
50
39
25
23
 
   5-10(C)(2)   The ZEO shall waive or adjust the provisions of Subsection (1) above if the ZEO finds that beneficial solar access can be protected for a lot to the north without compliance with the provisions of Subsection (1) because:
   5-10(C)(2)(a)   The lot(s) to the north are large enough or higher in elevation than the lot to the south, so that there are many good locations for passive or active solar collector that would not be blocked by proposed construction that does not comply with the height restrictions of Subsection (1) above.
   5-10(C)(2)(b)   The development on the lot(s) to the north is already served by as much solar collector area as is likely to ever be needed for that lot, and solar access to those collector surfaces will not be impaired by the proposed construction.
   5-10(C)(2)(c)   In the R-A, R-1, R-MC, or R-T zone districts, the owner or builder proposing the height limit waiver has demonstrated that there will clearly not be a primary building on the lot to the north within 35 feet north of the proposed building.
   5-10(C)(2)(d)   In the R-ML zone district, the owner or builder proposing the height limit waiver has demonstrated that there will clearly not be a primary building on the lot to the north within 45 feet north of the proposed building.
   5-10(C)(2)(e)   The owner or builder proposing the height limit waiver is also the owner of the lot to the north and has indicated that no solar rights are necessary.
   5-10(C)(2)(f)   In the R-A, R-1, R-MC, or R-T zone districts, the owner or building proposing the height limit waiver has demonstrated that there is public right-of-way over 35 feet in width north of the proposed building.
   5-10(C)(2)(g)   In the R-ML zone district, the owner or building proposing the height limit waiver has demonstrated that there is public right-of-way over 45 feet in width north of the proposed building.
5-10(D)   PERMITS FOR SOLAR RIGHTS
Permits to protect solar rights may be requested pursuant to Part 14-11-7 of ROA 1994 (Permits for Solar Rights) and any relevant standards in the DPM.

 

Notes

242
242   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to describe the rounding used in the revised Table 5-10-1.
243
243   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #7 revised the table to show each foot and correct inconsistencies in the formula.
243
243   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #7 revised the table to show each foot and correct inconsistencies in the formula.