A
is exempt from § 17.5.415 if the
finds the
has shown that one or more of the following conditions apply to the
. A
is partially exempt from § 17.5.415 to the extent the
finds the
has shown that one or more of the following conditions apply to a corresponding portion of the
. If a partial exemption is granted for a given
, the remainder of the
shall comply with § 17.5.415.
A. Slopes. The , or a portion of the for which the exemption is sought, is sloped 20% 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.
B. Off-
shade. The , or a portion of the for which the exemption is sought, is within the shadow pattern of off- features, such as but not limited to , topography or non-exempt , which will remain after occurs on the from which the shade is originating.
1. Shade from an existing or approved off-
in a single-
residential zone and from topographic features is assumed to remain after
of the
.
2. Shade from an off-
in a zone other than a single-
residential zone is assumed to be the shadow pattern of the existing or approved
thereon or the shadow pattern that would result from the largest
allowed at the closest
on adjoining land, whether or not that
now exists.
3. Shade from off-
is assumed to remain after
of the
if: the
that cause it are situated in a required
; or they are part of a developed area, public park or legally reserved
; or they are in or separated from the developable remainder of a parcel by an undevelopable area or feature; or they are part of landscaping required pursuant to local law.
4. Shade from other off-
sources is assumed to be shade that exists or that will be cast by
for which applicable local permits have been approved on the date an
for the
is accepted as complete.
C. On-
shade. The , or a portion of the for which the exemption is requested, is:
1. Within the shadow pattern of on-
features such as, but not limited to
and topography which will remain after the
occurs; or
2. Contains non-exempt
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% of the
or relevant portion.
The
can show such crown cover exists using a scaled survey or an aerial photograph. If granted, the exemption shall be approved subject to the condition that the
preserves at least 50% of the
that cause the shade that warrants the exemption. The
shall file a note on the
or other documents binding the
to comply with this requirement.
The
shall be made a part of any covenant or restriction created to enforce any provision of this Code. The covenant or restriction shall not be amended without written
approval.
D. Existing conditions.
1. There is a significant natural feature on the
that prevents given
or
from being oriented for solar
, and that will continue to exist after the
is developed;
2. Existing road patterns must be continued through the
or must terminate on-
to comply with applicable
standards or
plans in a way that prevents given
or
in the
from being oriented for solar
; or
3. An existing public
or right-of-way prevents given
or
in the
from being oriented for solar
.
(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017)