Statement:
Concern has been raised regarding the City's Solar Access Ordinance and the
standard for C-1, E-1, and M-1 lands which abut residentially zoned lands
to the north. Generally speaking, the ordinance allows for a 16 foot tall
shadow at the northern property line of commercial properties which abut
residentially zoned lands to the north. This differs from the residential
standard, where the shadow height is generally 6 feet, although a 16 foot
high shadow is allowed under certain circumstances involving slope and lot
width.
The specific ordinance language regarding solar setbacks is as follows:
18.70.040 Solar Setbacks
|
A. |
Setback Standard A. This setback is designed to insure that shadows
are no greater than six (6) feet at the north property line. Buildings
on lots which are classified as Standard A, and zoned for residential
uses, shall be set back from the northern lot line according to the following
formula: |
|
|
|
|
WHERE:
SSB = the minimum distance in feet that the tallest shadow producing point
which creates the longest shadow onto the northerly property must be set
back from the northern property line.
H = the height in feet of the highest shade producing point of the structure
which casts the longest shadow beyond the northern property line.
S = the slope of the lot, as defined in this
Chapter.
- |
|
B. |
Setback Standard B. This setback is designed to insure that shadows
are no greater than sixteen (16) feet at the north property line. Buildings
for lots which are classified as Standard B, or for any lot zoned G-1,
E-1 or M-1, or for any lot not abutting a residential zone to the north,
shall be set back from the northern lot line as set forth in the following
formula: |
|
|
| SSB = |
(H - 16')
0.445 + S |
|
The commercial zones are held to a different solar standard than residential,
just as they are held to different standards for building height, lot coverage
and setbacks. These are substantially different forms of development subject
to different overall standards. However, as with all ordinances, there are
situations which raise concern.
There have been few concerns raised regarding this issue, due in part to
the location of most C-1, E-1 and M-1 zones in relation to residential zones.
In most instances, the zones are separated by a right-of-way, railroad, or
similar distance. However, there are examples where the zones abut, such
as just south of Williamson Way; in the downtown at the Copeland site next
to the residential lots on "B" Street; along Ashland Street across from the
Ashland Shopping Center; and along Siskiyou Boulevard across from the university
and beyond Walker Avenue. In many of these instances, the commercial development
already exists, or it is in the form of converted residential structures.
The area near Williamson Way represents only one of two undeveloped E-1 areas
abutting residential, with the other being adjacent to Interstate 5 at the
south interchange, currently outside the city limits.
Residents of Williamson Way have raised concern over the potential development
of commercial structures on the recently approved Falcon Heights commercial
subdivision. By ordinance, the developer is allowed to create up to a 16
foot high shadow at the northern property line. However, due to the site
design of the project, it does not appear that a shadow that high will occur.
The City's Site Design and Use Standards require that buildings front a street,
and that parking generally be provided to the rear of the buildings. In this
instance, there is a parking area between the residentially zoned lands and
the potential building sites (no buildings have been proposed at this time).
The distance between the building sites and the property line varies between
approximately 50 and 60 feet. A site plan of the development is attached
as well as a generalized schematic cross-section of the potential solar access
issues for the site. The cross-section is not based on actual site measurements,
but is rather a representation of the issues involved.
The height of a shadow is measured from "natural grade" so while the development
has raised the parking areas a few feet above the neighboring residential
properties, the developer will not be able to benefit from the added fill.
Conversely, some of the neighborhood residences were excavated down to maintain
grade with Williamson Way, which could allow for a higher shadow at the property
line. On the cross- section schematic, this grade change is shown in relation
to a 5% natural grade, and that the solar shadow height is measured from
natural grade, not from the higher fill grade, or lower excavated grade.
Two solar shadow heights based on the solar angle on December 21 are depicted:
one for a six foot shadow and one for a 16 foot shadow. It shows that at
approximately 50 feet back from the northern property line, a commercial
structure of 25 feet in height could be constructed which would result in
a six foot shadow at natural grade at the northern property line. This would
be relatively normal two-story office style structure. At 60 feet back, the
height could be approximately 30 feet while still maintaining a six foot
shadow. The 16 foot solar shadow standard would allow for a structure of
approximately 40 feet, the maximum height for the E-1 zone. |
Background:
The City of Ashland was one of the first cities in the United States to adopt
a solar access ordinance. The purpose of the ordinance is as follows:
| ---- |
The purpose of the Solar Access Chapter is to provide protection of a
reasonable amount of sunlight from shade from structures and vegetation whenever
feasible to all parcels in the City to preserve the economic value of solar
radiation falling on structures, investments in solar energy systems, and
the options for future uses of solar energy. |
While many have assumed the solar setbacks were to limit heights and address
issues of scale, it is really an energy-based ordinance. The height limits
and increased setbacks have been beneficial side effects that have served
our community well.
It is Staff s understanding that the added shadow height for commercial uses
was allowed in the ordinance to ensure that effective commercial buildings
(with different lot coverage, height limits, and setbacks compared to
residential) could be achieved on the commercial/employment property, while
still allowing a reasonable solar access standard for the residential or
commercial properties to the north. Prior to the solar access ordinance,
a large single story commercial structure (such as a warehouse building)
could be built ten feet from the property line adjacent to a residential
zone. Or a 35 foot tall two story commercial structure could be built 20
feet from the property line. While the 16 foot solar shadow is ten feet higher
than the normal residential standard, it still allows for ample roof-top
solar access, the purpose of the ordinance. The solar ordinance attempted
to balance the development potential prior to adoption, with the need to
maintain a "reasonable amount of sunlight" for the residential properties.
As stated previously, concern has been raised regarding the impacts of the
ordinance, specifically involving the residences along Williamson Way that
abut the new Falcon Heights commercial subdivision to the south. |
