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(1) Applicability. Solar lot standards apply to the creation of lots within subdivisions in R-1 and R-2 zones.

(2) Solar Lot Requirements. In R-1 and R-2, at least 70% percent of the lots in a subdivision shall be designed as “solar lots” and shall have a minimum north-south dimension of 75 feet and a front lot line orientation that is within 30 degrees of the true east-west axis. For purposes of this subsection, a lot proposed for more than one dwelling unit shall count as more than one lot , according to the number of units proposed (e.g. a lot proposed for a fourplex shall be considered 4 lots). (See Figure 9.2790(2) Solar Lot Requirements.)

(3) Exceptions to the Solar Lot Requirements. A proposed subdivision shall be exempt from EC 9.2790(2) if either of the following exists:

(a) Density. The proposed subdivision provides at least 70% of the maximum allowed density according to the zoning of the property.

(b) Site Constraints. One of the following circumstances is present:

1. Compliance with applicable street standards or public street plans requires a street configuration that prevents the lots from being oriented for solar access.

2. An existing public easement or right-of-way prevents the lot from being oriented for solar access.

3. There is a significant natural feature on the site, identified as such in the comprehensive plan, adopted refinement plan, or in any city-adopted natural resource inventory that will continue to exist after the site is developed, and that prevents the lot from being oriented for solar access.

(4) Exemptions to the Solar Lot Requirements. A proposed lot shall not be identified as a “solar lot” but shall be counted as a lot that satisfies EC 9.2790(2) Solar Lot Requirements when the lot satisfies (a), (b), (c) or (d) of this subsection.

(a) Slopes. The lot is sloped 20 percent or more in a direction greater than 45 degrees east or west of true south.

(b) Existing Off-Site Shade. The lot is within the shadow pattern of off-site features, such as but not limited to buildings, topography, or coniferous trees or broadleaf evergreens, which will remain after development occurs on the site from which the shade is originating.

1. Shade from existing or approved off-site buildings or structures and from topographic features is assumed to remain after development of the site.

2. Shade from vacant developable areas off-site is assumed to be the shadow pattern that would result from the largest building allowed at the closest setback allowed on adjoining land, whether or not that building now exists.

3. Shade from coniferous trees or broadleaf evergreens is assumed to remain after development of the site if that vegetation is situated in a required setback; or part of a developed area, public park, or legally reserved open space; or part of landscaping or other features required pursuant to this land use code.

(c) Existing On-Site Shade. The site, or portion of the site for which the exception is sought complies with at least one of the following:

1. The site is within the shadow pattern of on-site features such as, but not limited to, buildings and topography which will remain after the development occurs.

2. The site contains coniferous trees or broadleaf evergreens at least 30 feet tall and more than 8 inches in diameter measured four feet above the ground which have a crown cover over at least 80 percent of the site or relevant portion. The applicant 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 applicant preserve at least 50 percent of the non-solar friendly vegetation that cause the shade that warrants the exemption. The applicant shall file a note on the plat or documents in the office of the county recorder binding the applicant to comply with this requirement.

(d) Housing Mix. The lot is designated for a housing type other than single-unit detached dwellings in a proposed subdivision that identifies at least 10% of the lots for a housing type other than single-unit detached dwellings.

(Section 9.2790, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20584, enacted July 17, 2017, effective August 24, 2017; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022.)