§ 17.5.420 EXEMPTIONS FROM DESIGN STANDARD.
   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)