In order to preserve access to solar resources by all residents, the following provisions restrict the construction of structures on adjacent lots which may cause a significant decrease in the amount of available sunlight to a particular lot.
(a) Solar Access Areas. Two solar access areas are hereby established as defined below. The purpose of dividing the City into solar access areas is to provide solar access protection for each area of the City consistent with planned densities, topography and lot configurations and orientations.
(1) Solar access area I (SA-1) - SA-1 is designed to protect solar access principally for residential areas where, because of planned density, topography or lot configurations or orientations, the preponderance of lots therein currently enjoy such access and where solar access of this nature would not unduly restrict permissible development. SA-1 includes all property in all Residential (R1 through R-6), Professional Use (P-1), and Agricultural (A-1) Districts.
(2) Solar access area II (SA-2) - SA-2 is designed to protect solar access principally for rooftops in areas where, because of planned density, topography or lot configuration or orientation, the preponderance of lots therein currently enjoy such access and where solar access of this nature would not unduly restrict permissible development. SA-2 includes all property not included in SA-1.
(b) Solar Access Protection.
(1) Solar fence. A solar fence is hereby hypothesized for each lot located in the City. Each solar fence completely encloses the lot in question, and its foundation is contiguous with the lot lines. Such fence is vertical, is opaque and lacks any thickness. Said concept shall be applied to all calculations required by this section. The term "solar fence" as used throughout this section shall refer to such hypothetical fence specifically as described in this subsection.
(2) No person shall erect an object or structure on any other lot that would shade a protected lot in SA-1 to a greater degree than the lot would be shaded by a solar fence twelve feet in height, between two hours before and two hours after local solar noon on a clear winter solstice day.
(3) No person shall erect an object or structure on any other lot that would shade a protected lot in SA-2 to a greater degree than the lot would be shaded by a solar fence twenty-five feet in height, between two hours before and two hours after local solar noon on a clear winter solstice day.
(4) Maximum height. Notwithstanding anything to the contrary contained herein, nothing in this section prevents a structure in SA-1 from being erected up to a height of twenty-five feet, or a structure in SA-2 from being erected up to a height of thirty-five feet, if located within the allowed buildable area of the lot.
(5) Any application for a variance of any requirement of this section shall include, in addition to the requirements for variations generally as set forth in these Codified Ordinances, the following:
A. A graphic representation showing the shadows that would be cast by the proposed structure between two hours before and two hours after local solar noon on a clear winter solstice day;
B. The solar fences on all lots that the shadows would touch;
C. All possible obstructions of solar access protected by permit; and
D. Provide additional information as may be required by the Community Development Director.
(6) Existing structures. A structure in existence on the date of establishment of an applicable solar access area, or structures and vegetation in existence on the date of issuance of an applicable solar access permit, are exempt from the application of this section. For purposes of this section, structures are deemed to be in existence on the date of issuance of a development permit authorizing its construction.
(7) Temporary solar obstructions. Unavoidable temporary obstructions of protected solar access necessitated by construction activities or other necessary and lawful purposes are exempt to the extent that they do not exceed ten days in any three month period and thirty days in any year.
(8) Solar analysis. When a solar analysis is required for any review process, it shall be prepared in compliance with the methods described in materials provided by the Community Development Director.
(Ord. 2018-40. Passed 9-17-18.)