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Milwaukie City Zoning Code

CHAPTER 19

1200 SOLAR ACCESS PROTECTION

§ 19.1201 Purpose

(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012)

§ 19.1201.1 The purpose of this chapter is:.

A. 
To orient new lots and parcels to allow utilization of solar energy;
B. 
To promote energy conservation and the effective use of the sun as a renewable resource;
C. 
To implement provisions of the Milwaukie Comprehensive Plan encouraging use of solar energy;
D. 
To provide a means of encouraging investment in solar design and solar equipment.

§ 19.1202 Definitions

(Ord. 2025 § 2, 2011)

§ 19.1202.1 For the purposes of this chapter, the following definitions shall apply:.

"Azimuth"
means a horizontal direction expressed as a distance in angles between the direction of a fixed point and the direction of an object being measured.
"Crown cover"
means the area within the drip line or perimeter of the foliage of a tree.
"Development"
means any partition, subdivision, or planned unit development that is created under the City's land division or zoning regulations.
"Director"
means the Planning Director of the City or designee.
"Exempt tree or vegetation"
means the full height and breadth of vegetation that the Director has identified as "solar-friendly," any vegetation listed on a plat map, a document recorded with the plat, or a solar access permit as exempt.
"Front lot line"
means for purposes of the solar access regulations, a lot line abutting a street. For comer lots, the front lot line is that with the narrowest frontage. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the shortest lot line adjoining the pole portion of the lot, excluding the unbuildable portion of the pole (see Figure 19.1202.1-1).
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"Nonexempt tree or vegetation"
means vegetation that is not exempt.
"Northern lot line"
means the lot line that is the smallest angle from a line drawn eastwest and intersecting the northernmost point of the lot, excluding the pole portion of a flag lot. If the north line adjoins an undevelopable area other than a required yard area, the northern lot line shall be at the north edge of such undevelopable area. If 2 lot lines have an identical angle relative to a line drawn east-west, or if the northern lot line is less than 35 ft, then the northern lot line shall be a line 35 ft in length within the lot, parallel with and at a maximum distance from the front lot line (see Figure 19.1202.1-2).
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"North-south dimension"
means the length of a line beginning at the midpoint of the northern lot line and extending in a southerly direction perpendicular to the northern lot line until it reaches a property boundary (see Figure 19.1202.1-3).
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"Protected solar building line"
means a line on a plat or map recorded with the plat that identifies the location on a lot where a point 2 ft above may not be shaded by structures or nonexempt trees (see Figure 19.1202.1-4).
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"Shade"
means a shadow cast by the shade point of a structure or vegetation when the sun is at an altitude of 21.3 degrees and an azimuth ranging from 22.7 degrees east and west of true south.
"Shade point"
means the part of a structure or nonexempt tree that casts the longest shadow onto the adjacent northern lot(s) when the sun is at an altitude of 21.3 degrees and an azimuth ranging from 22.7 degrees east and west of true south; except a shadow caused by a narrow object such as a mast or whip antenna, a dish antenna with a diameter of 3 ft or less, a chimney, utility pole, or wire. The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the midpoint of the front lot line. If the shade point is located at the north end of the ridgeline of a structure oriented within 45 degrees of a true north-south line, the shade point height computed according to the preceding sentence may be reduced by 3 ft. If a structure has a roof oriented within 45 degrees of a true east-west line with a pitch that is flatter than 5 ft (vertical) in 12 ft (horizontal), the shade point will be the eaves of the roof. If such a roof has a pitch that is 5 ft in 12 ft or steeper, the shade point will be the peak of the roof (see Figures 19.1202.1-5 and 19.1202.1-6).
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"Shade reduction line"
means a line drawn parallel to the northern lot line that intersects the shade point (see Figure 19.1202.1-7).
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"Shadow pattern"
means a graphic representation of an area that would be shaded by the shade point of a structure or vegetation when the sun is at an altitude of 21.3 degrees and an azimuth ranging between 22.7 degrees east and west of true south (see Figure 19.1202.1-8).
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"Solar access height limit"
means a series of contour lines establishing the maximum permitted height for nonexempt vegetation on lots affected by a solar access permit (see Figure 19.1202.1-9).
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"Solar access permit"
means a document issued by the City that describes the maximum height that nonexempt vegetation is allowed to grow on lots to which a solar access permit applies.
"Solar feature"
means a device or combination of devices or elements that does or will use direct sunlight as a source of energy for such purposes as heating or cooling of a structure, heating or pumping of water, and generating electricity. Examples of a solar feature include a window that contains at least 20 sq ft of glazing oriented within 45 degrees east and west of true south, a solar greenhouse, or a solar hot water heater. A solar feature may be used for purposes in addition to collecting solar energy, including but not limited to serving as a structural member or part of a roof, wall, or window. A southfacing wall without windows and without other features that use solar energy is not a solar feature for purposes of this chapter.
"Solar-friendly tree"
means a tree which the Director has determined does not cause significant winter shade due to foliar period and branch structure. The Director shall maintain a list of generally recognized solar-friendly trees.
"Solar gain line"
means a line parallel to the northern property line(s) of the lot(s) south of and adjoining a given lot, including lots separated only by a street, that intersects the solar feature on that lot (see Figure 19.1202.1-10).
Figure 19.1202.1-10 Solar Gain Line
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"South or south-facing"
means true south, or 20 degrees east of magnetic south.
"Sun chart"
means one or more photographs that plot the position of the sun between 10:30 a.m. and 1:30 p.m. on January 21st, prepared pursuant to guidelines issued by the Director. The sun chart shall show the southern skyline through a transparent grid on which is imposed solar altitude for 45 degree and 30 minute northern latitude in 10 degree increments and solar azimuth from true south in 15 degree increments.
"Undevelopable area"
means an area that cannot be used practicably for a habitable structure because of natural conditions, such as slopes exceeding 20% in a direction greater than 45 degrees east and west of true south, severe topographic relief, water bodies, or conditions that isolate one portion of a property from another portion so that access is not practicable to the unbuildable portion; or manmade conditions, such as existing development which isolates a portion of the site and prevents its further Development, setbacks, or development restrictions that prohibit development of a given area of a lot by law or private agreement, or existence or absence of easements or access rights that prevent development of a given area.

§ 19.1203 Solar Access for New Development

(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2161 § 2, 2018; Ord. 2218 § 2 (Exh. B), 2022; Ord. 2229 § 2, 2023)

§ 19.1203.1 Purpose.

The purposes of solar access provisions for new development are to ensure that land is divided so that structures can be oriented to maximize solar access and to minimize shade on adjoining properties from structures and trees.

§ 19.1203.2 Applicability.

The solar design standards in Subsection 19.1203.3 shall apply to applications for a Development to create lots in the R-MD Zone, except to the extent the Planning Manager finds that the applicant has shown one or more of the conditions listed in Subsections 19.1203.4 and 5 exist, and exemptions or adjustments provided for therein are warranted.

§ 19.1203.3 Design Standard.

At least 80% of the lots in a development subject to these provisions shall comply with one or more of the options in this subsection; provided a development may, but is not required to, use the options in Subsections 19.1203.3.B or C below to comply with Section 19.1203.
A. 
Basic Requirement
A lot complies with Subsection 19.1203.3 if it:
1. 
Has a north-south dimension of 90 ft or more; and
2. 
Has a front lot line that is oriented within 30 degrees of a true east-west axis (see Figure 19.1203.3).
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B. 
Protected Solar Building Line Option
In the alternative, a lot complies with Subsection 19.1203.3 if a solar building line is used to protect solar access as follows:
1. 
A protected solar building line is designated on the plat or in documents recorded with the plat; and
2. 
The protected solar building line is oriented within 30 degrees of a true east-west axis; and
3. 
There are at least 70 ft between the protected solar building line and the middle of the north-south dimension of the lot to the south, measured along a line perpendicular to the protected solar building line; and
4. 
There are least 45 ft between the protected solar building line and the northern edge of the buildable area of the lot, or habitable structures are situated so that at least 80% of their south-facing wall will not be shaded by structures or nonexempt vegetation (see Figure 19.1202.1-4).
C. 
Performance Option
In the alternative, a lot complies with Subsection 19.1203.3 if:
1. 
Habitable structures built on that lot will have their long axis oriented within 30 degrees of a true east-west axis, and at least 80% of their ground floor south wall will be Protected from shade by structures and nonexempt trees using appropriate deed restrictions; or
2. 
Habitable structures built on that lot will orient at least 32% of their glazing, and at least 500 sq ft of their roof area, to face within 30 degrees east or west of true south, and that glazing and roof area are protected from shade by structures and nonexempt trees using appropriate deed restrictions.

§ 19.1203.4 Exemptions from Design Standard.

A development is exempt from Subsection 19.1203.3 if the Planning Manager finds the applicant has shown that one or more of the following conditions apply to the site. A Development is partially exempt from Subsection 19.1203.3 to the extent the Planning Manager finds the applicant has shown that one or more of the following conditions apply to a corresponding portion of the site. If a partial exemption is granted for a given Development, the remainder of the development shall comply with Subsection 19.1203.3.
A. 
Slopes
The site, or a portion of the site 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 or USGS or other officially recognized topographic information.
B. 
Off-Site Shade
The site, or a portion of the site for which the exemption is sought, is within the shadow pattern of off-site features, such as, but not limited to, structures, topography, or nonexempt vegetation, which will remain after development occurs on the site from which the shade is originating.
1. 
Shade from an existing or approved off-site dwelling in the R-MD Zone, and from topographic features, is assumed to remain after development of the site.
2. 
Shade from an off-site structure in a zone other than the R-MD Zone is assumed to be the shadow pattern of the existing or approved development thereon or the shadow pattern that would result from the largest structure allowed at the closest setback on adjoining land, whether or not that structure now exists.
3. 
Shade from off-site vegetation is assumed to remain after development of the site if: the trees that cause it are situated in a required setback; they are part of a developed area, public park, or legally reserved open space; 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 offsite sources is assumed to be shade that exists or that will be cast by development for which applicable local permits have been approved on the date a complete application for the development is filed.
C. 
On-Site Shade
The site, or a portion of the site for which the exemption is requested:
1. 
Is within the shadow pattern of on-site features such as, but not limited to, structures and topography which will remain after the development occurs; or
2. 
Contains nonexempt trees at least 30 ft tall and more than 6 in. in diameter measured 4 ft above the ground, which have a crown cover over at least 80% of the site or the 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% of the crown cover that causes the shade that warrants the exemption. The applicant shall file a note on the plat or other documents in the office of the County Recorder binding the applicant to comply with this requirement. The City shall be made a party to any covenant or restriction created to enforce any provision of this section. The covenant or restriction shall not be amended without written City approval.
D. 
Completion of Phased Subdivision
The site is part of a phased subdivision, none of which was subject to Section 19.1203, and the site and the remainder of the unplatted portion of the phased subdivision contains no more than 20% of the lots in all phases of the subdivision.

§ 19.1203.5 Adjustment to Design Standard.

The Director shall reduce the percentage of lots that must comply with Subsection 19.1203.3, to the minimum extent necessary, if he or she finds the applicant has shown it would cause or is subject to one or more of the following conditions.
A. 
Adverse Impacts on Density, Cost, or Amenities
1. 
If the design standard in Subsection 19.1203.3.A is applied, either the resulting density is less than that proposed, or on-site site development costs (e.g., grading, water, storm drainage, sanitary systems, and road) and solar-related off-site site development costs are at least 5% more per lot than if the standard is not applied. The following conditions, among others, could constrain the design of a development in such a way that compliance with Subsection 19.1203.3.A would reduce density or increase costs per lot in this manner. The applicant shall show which, if any, of these or other similar site characteristics apply in an application for a development:
a. 
The portion of the site for which the adjustment is sought has a natural grade that is sloped 10% or more and is oriented greater than 45 degrees east or west of true south, based on a topographic survey of the site by a professional land surveyor, USGS, or other officially recognized topographic information;
b. 
There is a significant natural feature on the site, identified as such in the Comprehensive Plan or Development Ordinance, that prevents given streets or lots from being oriented for solar access, and it will exist after the site is developed;
c. 
Existing road patterns must be continued through the site or must terminate on the site to comply with applicable road standards or public road plans in a way that prevents given streets or lots in the development from being oriented for solar access;
d. 
An existing public easement or right-of-way prevents given streets or lots in the development from being oriented for solar access.
2. 
If the design standard in Subsection 19.1203.3.A applies to a given lot or lots, significant development amenities that would otherwise benefit the lot(s) will be lost or impaired. Evidence that a significant diminution in the market value of the lot(s) would result from having the lot(s) comply with Subsection 19.1203.3.A is relevant to whether a significant development amenity is lost or impaired.
B. 
Impacts of Existing Shade
The shadow pattern from nonexempt trees covers over at least 80% of the lot and at least 50% of the shadow pattern will remain after development of the lot. The applicant can show the shadow pattern using a scaled survey of nonexempt trees on the site or using an aerial photograph.
1. 
Shade from nonexempt trees is assumed to remain if: the trees are situated in a required setback; or they are part of an existing or proposed park, open space, or recreational amenity; or they are separated from the developable remainder of their parcel by an undevelopable area or feature; or they are part of landscaping required pursuant to local law; and they do not need to be removed for a driveway or other development.
2. 
Also, to the extent the shade is caused by on-site trees or off-site trees on land owned by the applicant, it is assumed to remain if the applicant files, in the office of the County Recorder, a covenant binding the applicant to retain the trees causing the shade on the affected lot(s).

§ 19.1203.6 Protection from Future Shade.

The applicant shall file a note on the plat or other documents in the office of the County Recorder binding the applicant and subsequent purchasers to comply with the future shade protection standards in Subsection 19.1203.3. The City shall be made a party of any covenant or restriction created to enforce any provision of this subsection. The covenant or restriction shall not be amended without written City approval.

§ 19.1203.7 Application.

An application for approval of a development subject to this section shall include the following:
A. 
Maps and text sufficient to show the development complies with the solar design standard of Subsection 19.1203.3, except for lots for which an exemption or adjustment from Subsection 19.1203.3 is requested, including at least:
1. 
The north-south lot dimension and front lot line orientation of each proposed lot;
2. 
Protected solar building lines and relevant building site restrictions, if applicable;
3. 
For the purpose of identifying trees exempt from Subsection 19.1203.6, a map showing existing trees at least 30 ft tall and over 6 in diameter at a point 4 ft above grade, indicating their height, diameter, and species, and stating that they are to be retained and are exempt; and
4. 
Copies of all private restrictions relating to solar access.
B. 
If an exemption or adjustment to Subsection 19.1203.3 is requested, maps and text sufficient to show that given lots or areas in the development comply with the standards for such an exemption or adjustment in Subsections 19.1203.4 or 5, respectively.

§ 19.1203.8 Process for Approval.

Requirements for meeting this section shall be processed simultaneously with other application requirements as provided by this title.