18.125.040 Special height and setbacks to provide solar access.
A. The planning commission may grant a variance to setbacks and other lot requirements prescribed by a zone in which a development is proposed, or require special setbacks and heights for buildings, objects or vegetation, in order to permit unimpaired access to the sun. Special setbacks or heights requested or required shall conform to the following conditions:
1. Development within Developed Areas. When a development is proposed in an area where shadows will be cast on properties that are fully developed, special setbacks and heights requested or required shall not permit a proposed development to:
a. Interfere with an existing solar collector attached to a dwelling, a passive solar system or solar easement; and
b. Cast a shadow on a major south wall of a building used for human occupancy;
c. Under unavoidable circumstances, major south roof access may be considered adequate solar access for properties within a reasonable vicinity when:
i. Lot size and shape, existing land use, and topographic conditions prohibit better solar access; and
ii. The affected property owners have been notified of the intended proposal and the effects on their property and have either given their written approval or have not provided comment within 20 days.
2. Development within Undeveloped Areas. When a development is proposed in an area where shadows will be cast on properties that are vacant or not fully developed, special setbacks and heights requested or required shall not permit the development:
a. To cast a shadow within an existing solar easement;
b. To cast a shadow within the buildable area of the shaded property or cast a shadow higher than six feet at the property line, whichever provides greater flexibility for the developer of the proposal; or
c. Preclude the opportunity to reasonably install a solar collector or utilize other passive or active solar techniques upon shaded property.
3. Determination of Developed and Undeveloped Areas. The city planner shall determine whether a development proposed is in a developed or undeveloped area, or whether it is partially located in both. The planning commission and city council may reverse the planner’s decision.
B. If, for reason of solar orientation, a development such as a subdivision or several contiguous lots are being developed cooperatively or as a unit, all yard regulations may be varied to carry out said purpose, providing that the planning commission after public notice and hearing, as set forth in TMC 18.190.050, is of the opinion that such a development will not be injurious to adjacent property.
C. For determining shadow patterns, a 16-degree solar altitude shall be used and shadows shall be determined for those cast between the hours beginning at 9:00 a.m. and ending at 3:00 p.m., Pacific Standard Time, on November 21st. The hours of 9:00 a.m. and 3:00 p.m. on November 21st constitute a 45-degree measurement east and west of due north. [Ord. 847 § 4 (Exh. B), 2008; Ord. 817 § 8-3J.840, 2006.]