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HomeMy WebLinkAbout2610 Ordinance2610 ORDINANCE NO. AN ORDINANCE relating to solar access, amending Titles 21 and 22 of the Pasco Municipal Code, by enacting a new chapter 21.42; new sections 21.36.140, 21.12.260, 22.38.090; new subsections 21.32.070(6), 21.36.070(15), 21.40.070(1)(d); and amending section 21.04.010. WHEREAS, National and regional energy policies, particularly through the Bonneville Power Administration and Northwest Power Planning Council, are increasingly encouraging or requiring the construction of energy-efficient homes to conserve electrical energy and delay expenses associated with new energy resource development, and; WHEREAS, residential development utilizing solar technology has proven to be an effective means to conserve energy, and; WHEREAS, have sufficient implement solar within the City, the City of Pasco does not presently regulation to promote or protect efforts to technologies in new residential development and; WHEREAS, A Sub-Committee of the Planning Commission has determined that implementation of solar technologies in new residential development may be effectively supported by development of solar access standards guaranteeing solar access to residential development, and; WHEREAS, said Sub-Committee has prepared proposed amendments to the city's subdivision and zoning ordinances, Titles 21 and 22 of the Pasco Municipal Code, which would provide for solar access through the residential subdivision process in a certain area of the City especially suited for said application and make such subdivision process optional throughout the remainder of the City, and; WHEREAS, the Planning Commission conducted a public workshop on March 20, 1986 to receive the recommendations of the Sub-Committee and conducted a public hearing on April 17, 1986 to review said recommendations and, after the conduct of the hearing, supported by appropriate findings and conclusions, recommended the City Council enact the proposed regulations as revised, and; WHEREAS, the City Council of the City of Pasco conducted public workshops on May 12 and 27, 1986 for discussion and informational purpose and conducted a public hearing on June 16, 1986 to review the recommendation of the Planning Commission and, following the public hearing determined the proposed regulation comports with the city's comprehensive plan and appropriately implements the public interest in the application of solar technologies within the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. New Chapter 21.42 of the Pasco Municipal Code hereby is enacted to read as follows: CHAPTER 21.42 SOLAR ACCESS DESIGN STANDARDS Sections: 21.42.010 21.42.020 21.42.030 21.42.040 21.42.050 21.42.060 21.42.070 Purpose Application of standards Definitions Solar access design standards Information requirements - preliminary plats Information requirements - final plats and short plats Effects of solar access design standards 21.42.010 PURPOSE. The purpose of the solar access design standards is to provide a reasonable amount of solar access to the south walls and roofs of dwellings, wherever feasible, so that the economic value of solar radiation falling on dwellings will be preserved, investments in solar equipment will be secure, and the option to use solar energy will be preserved and encouraged. Further, the purpose is to provide for, whenever feasible, the orientation of buildings on an east-west axis to reduce winter heating requirements and summer cooling requirements and to preserve the ability to retrofit solar energy systems to rooftops in the future. 21.42.020 APPLICATION OF STANDARDS. A) Subdivisions in the RT, R-1S, R-1, R-2, R-3 and RMH-1 zones, in that area annexed to the city by Ordinance No.2388 and described therein, commonly known as the Northwest Annexation Area, together with the unplatted areas of Section 14, Township 9 North, Range 29 East-West Meridian, Franklin County, Washington shall comply with the provisions of this Chapter. B) At the election of the applicant for subdivision approval and as indicated on the plat thereof filed with Franklin County Auditor, the provisions of this Chapter shall apply to the subdivisions in RT, R-1S, R-1, R-2, R-3, and RMH-1 zones in all areas of the city not described in 21.42.020. 21.42.030 DEFINITIONS. For the purpose of Chapter 21.42, certain terms or words used herein shall be interpreted or defined as follows: A. Northern Lot Line. All lot lines at an angle of 45 degrees or less from a line drawn due east-west and intersecting the northernmost point of the lot. If no such lot line exists the line nearest to 45 degrees shall be used. If the north side of the lot adjoins an unbuildable area (e.g. rights-of-way, private roads, commonly owned open space or parking areas) other than a required setback area the northern lot line shall be at the northerly edge of the unbuildable area, as illustrated in Exhibit A, Fig. 1. B. North-South Lot Dimension. The average distance between lines from the corners of the northern lot line to a line drawn due east-west and intersecting the southernmost point of the lot, as illustrated in Exhibit A, Fig. 2. C. Shade Point. The part of a structure which casts the longest shadow at noon, December 21, as illustrated in Exhibit A, Fig. 3. D. Shadow Pattern. The area of a shadow bounded by the shadow lengths drawn from end(s) of the shade point. The length of a shadow created by an object at noon, December 21 shall be calculated using the following formula, as illustrated in Exhibit A, Fig. 4: Shadow length = H / (.37 + P) Where: H = height of the shade point P = solar slope E. Solar Factor. A number assigned to a lot based on its north-south lot dimension and solar slope. The solar factor is determined by using the following formula: Solar Factor = 2.7 x N x (.37 + P) Where: N = north-south lot dimension P = solar slope F. Solar Friendly Tree. Any species of trees determined by the Community Development Director not to create significant shadows during the winter months because of their bare branch pattern and foliar period. G. Solar Setback Multiplier for Structures. The minimum distance the shade point of a structure must be set back from the northern lot line for every foot over 6 feet of height measured to the structure's shade point. The solar setback shall be measured perpendicular to the northern lot line. The solar setback multiplier for buildings may be determined by using Table 1 in Exhibit A, or the following formula: Solar Setback Multiplier = 1 / (.37 + P) Where: P = Solar Slope H. Solar Setback Multiplier for Vegetation. Trees shall be set back 2 feet to the south from the northern lot line for every foot over 6 feet in height. I. Solar Slope. The average ground slope of lines from the corners of the northern lot line, or from representative points along the northern lot line, south to a property line. The slope of a single line is determined by dividing the vertical distance between the two end points by the horizontal distance between the same two points. North facing slopes will have a negative value (-). South facing slopes will have a positive value (+), as illustrated in Exhibit A, Fig. 5. J. South Wall Area. Any external wall of a dwelling oriented no more than 30 degrees from true south. K. True East-West. 21 degrees east of magnetic east and west. 21.42.040 SOLAR ACCESS DESIGN STANDARDS. A. South Wall Protection Standard 1) Lots: No less than 80 percent of all lots shall be designed to have a solar factor not less than 103. The solar factor of a lot is based on its north-south lot dimension and solar slope. Lots with a solar factor of 103 will guarantee, at the minimum, the ability to construct a 25 foot structure in the middle of the lot that casts a shadow pattern at noon, December 21 no higher than six feet at the northern lot line. Table 1 shows the minimum north-south lot dimension needed to achieve a solar factor of 103 for lots with different slopes. 2) Multi-Family Structures: No less than 80 percent of the south wall area of multi-family dwellings shall be located to be outside the shadow pattern at noon December 21 of other structures to be built on the same lot. 21.42.050 INFORMATION REQUIREMENTS - PRELIMINARY PLATS. The following information shall be included on the preliminary plat. A. Lots 1. Solar factor B. Multi-Family Structures 1. Location 2. Maximum Height 3. Shadow pattern at noon, December 21 21.42.060 INFORMATION REQUIREMENTS - FINAL PLATS AND SHORT PLATS. The following information shall be included on the final plat or short plat, or documents recorded with the plat. A. Lots 1. Solar factor 2. Solar setback multiplier for structures 3. Solar setback multiplier for vegetation 4. For lots which qualify for a variance notice of the building orientation standard in 21.36.140(3) B. Multi-Family Structures 1. Location 2. Maximum height 3. Shadow pattern at noon, December 21 4. For structures which qualify for a variance notice of the building orientation standard in 21.36.140(3). 21.42.070 EFFECTS OF SOLAR ACCESS DESIGN STANDARDS. A. Structures. Whenever applicable, all structures must meet the solar setback multiplier for structures and the building orientation standard. B. Vegetation. Any property owner allowing a tree to grow to a height which exceeds the height allowed by the solar setback multiplier for vegetation will be required to trim the vegetation to meet the solar setback multiplier. Solar friendly trees shall be exempt from this requirement. Except for solar friendly trees, no deed covenant or restriction shall require vegetation to be planted which would grow to shade the south wall of the dwelling on December 21 at noon. Section 2. New Section 21.36.140 of the Pasco Municipal Code hereby is enacted to read as follows: 21.36.140 VARIANCE FROM SOUTH WALL SOLAR ACCESS DESIGN STANDARDS. Before a variance may be authorized from the south Wall Solar Access Design Protection Standards set forth in Section 21.42.050 of this title, the following requirements shall be met: 1. Lots. The lot must have a solar factor no less than 60. This will guarantee, at the minimum, the ability to construct a 25 foot structure in the middle of the lot that casts a shadow pattern at noon, December 21 no higher than fourteen feet at the northern lot line. 2. Multi-Family Structures. The multi-family shall be located so that the shadow pattern noon, December 21 by other structures to be the same lot will not be higher than eight on the south wall. dwelling cast at built on (8) feet 3. Long Axis. The long axis of dwellings constructed on the lot must be oriented within thirty (30) degrees of true East-West. Section 3. New Section 21.12.260 of the Pasco Municipal Code hereby is enacted to read as follows: 21.12.260 SOLAR ACCESS. Specific definitions for Chapter 21.42 Solar Access Design Standards are included in 21.42.030. Section 4. Section 21.04.010 of the Pasco Municipal Code hereby is amended to read as follows: 21.04.010 APPLICATION OF TITLE. Any plat hereafter made, or any subdivision or any part thereof lying within the limits of the city, shall be prepared, presented for approval and recorded as herein prescribed. The regulations contained in this title shall apply to the subdivision of a lot, tract or parcel of land into two or more lots, tracts or other division of land for the purpose of sale or of building development, whether immediate or future, including the resubdivision or replatting of land or lots. They shall apply to each situation where there is a dedication of streets, alleys, easements and/or land for other public uses. The provisions of Chapter 21.42 Solar Access Design Standards, shall be met for all affected properties. (Prior code Sec. 9-8.020). Section 5. New Subsection 21.32.070(6) of the Pasco Municipal Code hereby is enacted to read as follows: 21.32.070(6) Information requirements for meeting the Solar Access Design Standards as listed in 21.42.050. Section 6. New Subsection 21.36.070(15) of the Pasco Municipal Code hereby is enacted to read as follows: 21.36.070(15) Information requirements for meeting the Solar Access Design Standards as listed in 21.42.060. Section 7. New subsection 21.40.070(1)(d) of the Pasco Municipal Code hereby is enacted to read as follows: 21.40.070(1)(d) Information requirements for meeting the Solar Access Design Standards as listed in 21.42.060. Section 8. New Section 22.38.090 of the Pasco Municipal Code hereby is enacted to read as follows: 22.38.090 SOLAR ACCESS STANDARDS. The following standards shall be met for the purpose of providing solar access to mobile homes. (a) Not less than 80 percent of the mobile home spaces shall be oriented so that the long axis of the mobile homes is within 30 degrees of true east-west. Exceptions to this standard shall be granted if the applicant provides adequate documentation that either (A) the topography of the land, or (B) other physical or legal constraints make it infeasible to design the mobile home spaces to meet the standard. (b) Landscaping. No vegetation may grow to a height greater than 6 feet in the 20 foot side-to-side spacing area when that area provides north-to-south spacing for dwellings. Exceptions will be made for vegetation determined by the City to be solar friendly. Section 9. This ordinance shall be in full force and effect after its passage and publication as required by law and no sooner than October 1, 1986. ATT T: Eve yn Wells, City Clerk PROW D AS TO ORM llo, 'ity Attorney f -San, Mayor PASSED b Aik he City Council and approved the Mayor this 1986. FIG. 2 EXHIBIT A TYPICAL LOT DIAGONAL LOT W _s_ _ _..... ___ _ -- — — E NORTH-SOUTH LOT N+111 _ 102' DIMENSION = NORTH® -L NORTH-SOUTH LOT DIMENSION =100 Ln 12 nooF PITCH 4 in 12 HOOP PliC,1 I SHADE POINT .7- RIDGE SHADE PUIN I --: LAVE • 18 EXAMPLE. 49. .77 • 0 SHADOW LENG1 SHADOW LENGTH FORMULA IADOW PAT TLIIN 9,1 •••••• 9 B..-- — A z 0 94' 96' !co • \ FIG. 5 NCRTHS •••••n n N. 4 4. — 4 q• DIAGONAL LOT c -9 - 09 Line BA. 97 - 98 c -1 a - 02 52 a -6 •-.06 Line DC 94 - 96 c -2 c - 02 TUU 106 TU. Solar Slope (- 02) + (- 02) c 2 -.075 (North Facing) - or - - 02 (North Facing) - or - -7 5t -2% TYPICAL LOT Line BA 92 - 101 100 Line DC 92 - 98 100 Solar Slope (- 09) + (- 06) c 2 TABLE 1 SOLAR SLOPE PERCENT MINIMUM NORTH-SOUTH SOLAR SETBACK MULTIPLIER LOT DIMENSION NEEDED FOR EACH l' OF SHADE POINT FOR SOLAR FACTOR OF 103 HEIGHT OVER 6' South 15 73 1 9 Facing 14 75 2 0 (-0 13 76 20 12 78 20 11 79 21 10 81 2 1 9 83 22 8 84 22 7 86 2 3 6 88 23 5 90 24 4 93 24 3 95 25 2 97 2 6 1 100 26 Flat 0 103 27 North 1 106 2 8 Facing 2 109 2 9 (-) 3 112 2 9 4 115 30 5 119 3 1 6 123 32 7 127 3 3 8 131 34 9 136 36 10 141 37 11 146 38 12 152 40 13 158 40 14 165 43 15 173 45 June 17, 1986 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn: Rochelle Dear Rochelle: Please publish Ordinance Nos. 2610 through 2613 on the following date: June 20, 1986 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew CITY OF PASCO SUMMARY OF ORDINANCE NO. 2610 I. Ordinance No. 2610 is an ordinance relating to solar access, amending Titles 21 and 22 of the Pasco Municipal Code, by enacting a new Chapter 21.42; new sections 21.36.140, 21.12.260, 22.38.090; new subsections 21.32.070(6), 21.36.070(15), 21.40.070(1)(d); and amending section 21.04.010. New chapter 21.42 (PMC) relating to solar access design standards, provides for the following: A) Statement of Purpose B) Application to subdivisions in certain zones of the city C) Definition of terms D) Design standards for lots and multi-family structures E) Information requirements for preliminary plats F) Information requirements for final plats G) Effect of design standards on structures and vegetation New section 21.36.140 (PMC) establishes minimum requirements for lots and structures whenever a variance is authorized. IV. New section 22.12.260 (PMC) refers the reader to the new definitions enacted in Chapter 21.42. V. Amends section 21.04.010 (PMC) by providing that subdivisions in certain zones or areas must comply with new Chapter 21.42. VI. New subsections 21.36.070(6), 21.36.070(15), and 21.40.070(1)(d) (PMC) relate that information requirements in Chapter 21.42 must be provided for preliminary plats, final plats, and short plats. VII. New section 22.38.090 (PMC) relate solar access standards to mobile homes. VIII. The effective date of Ordinance No. 2610 will be five (5) days after publication of the summary contained hereinabove, but not sooner than October 1, 1986. IX. A copy of the full text of Ordinance No. 2610 will be furnished by the city at no cost to any person who requests in writing, a copy of the ordinance. Written request must be filed with the City Clerk of the City of Pasco, 412 West Clark Street (P. 0. Box 293), Pasco, Washington 99301. Publish: July 13, 1986 Please return two (2) Affidavits of Publication ri-T,itg -Herald DATE 0713% LEGAL NO 00102P P 0 BOX 2608 PASCO, WASHINGTON 99302-2608 ACCOUNT NO 50550 (509) 582-1500 DESCRIPTION.SLIMMARY—Or cl 3. nance 4*6 10 NOTICE This Is an Invoice for legal advertising space ' CITY OF PASCO SUMMARY OF ,1 ORDINANCE NO 2610 I I Ordinance No 2610 is an ordinance relating to solar access amending Ti- tles 21 and 22 of the Pasco ' Municipal Code by enact- , ing al new Chapter 21 42 new sections 21 36 140 21 12260, 22 38 090 new subsections 21 32 070(6) 21 36 0 7 0 ( 1 5 ) , 21 40 070(1)(d) and amending section 21 04 010 II New chapter 21 42 (PMC) relating to solar ac- cess design standards pro- vides for the following A) Statement of Purpose B) Application to subdivi- sions in certain zones of the city C) Definition of terms D) Design standards for lots and multi-family struc- tures E) Information require- , ments for preliminary plats F) Information require- ments for final plats G) Effect of design stan- dards on structures and vegetation III New section 21 36 140 (?MC) estab- lishes minimum require- ments for lots and structures whenever a vari- ance is authorized IV New section 22 12 260 (PMC) refers the reader to the new defi- nitions enacted in Chapter 21 42 V Amends section 21 04 010 (PiVIC) by provid- ing that subdivisions in cer- tain zones or areas must comply with new Chapter 21 42 Vi New subsections 21 36 0 7 0 ( 6 ) 21 36 070(15) and 21 40 070(1)(d) (PMC) re- late that information re- quirements in Chapter 21 42 must be provided for preliminary plats final plats and short plats VII New section 22 38 090 (PMC) relate solar access standards to mobile homes VIII The effective date of Ordinance No 2610 will be five (5) days after publics fion of the summary con- tained hereinabove but not sooner than October 1 1986 IX A copy of the full text of Ordinance No 2610 will be furnished by the city at no cost to any person who requests in writing a copy of the ordinance Written request must be filed with the City Clerk of the City of Pasco 412 West Clark Street (P 0 Box 293) Pasco, Washington 99301 LEGAL NO 001029 - July 13, 1986 Please detach at perforation and return with payment AFFIDAVIT OF PUBLICATION COUNTY OF BENTON SS STATE OF WASHINGTON MARY JO HENRY , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a SUMMARY—Or ij1 nam cc #2610 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 001 time(s), commencing on 071386 , and ending on 071.3RA , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS / 74 DAY OF / Notary public in and for the State of Wash- ington, residing at Kennewick COMMISSION EXPIRES ,=2 — - 9° TIMES 001 LINES 95 TOTAL $ Please pay from this invoice as no statement will be rendered /9t6 , LEGAL ADVERTISING INVOICE SOLD TO Cib of Pasco P. O. Bo f. 293 Pasco Wa 99 7:01 July 8, 1986 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn: Rochelle Dear Rochelle: Please publish summary of Ordinance No. 2610 on July 13, 1986. Please send two (2) Affidavits of Publication. We need Ordinance Nos. 2614, 2615, 2616 and 2617 published on July 11, 1986. These, too, will need two (2) Affidavits of Publication for each. Evelyn Wells City Clerk ew