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DECLARATION OF
COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
FOR PEPPER HILLS
ARTICLE XIV. SOLAR ACCESS
DEFINITIONS
- 14.1
- Exempt Tree: Any
preexisting vegetation as defined in Section 15.2, or any vegetation
included on the list of solar friendly vegetation kept by the City
of Boise's Public Works and Community Planning and Development
Departments.
- 14.2
- Front Lot Line: The line
represented by the connection of the most distant corners of a Lot,
including flag Lots, where said corners are in common with the boundary
of a public or private road. For corner Lots, the front Lot line is
designated on the plat.
- 14.3
- NORTH SLOPE: The gradient,
in percent slope, from the average finished grade of the front Lot
line of the shade restricted Lot to the average finished grade of
the solar Lot line of a solar Lot. The slope must be downward or
decreasing in elevation from south to north.
- 14.4
- Restricted Vegetation: A
tree or other vegetation which is either evergreen, or if deciduous,
tends to retain its leaves late in the fall and/or drop them late
in the spring, or has a dense branching pattern which generally
tends to block a high level of the sun's rays during the heating
season. Refer to the list of "solar friendly" trees on file with the
Boise City Public Works and the Community Planning and Development
Departments.
- 14.5
- Shade: That portion of
the shadow cast by the shade point of a structure or vegetation which
exceeds the 11.5 foot fence at the solar Lot line at solar noon,
January 21.
- 14.6
- Shade Point: The part
of the structure, tree, or other object, on a shade restricted Lot,
which casts the longest shadow (the most northerly shadow) when the
sun is due south on January 21st at an altitude of twenty-six (26)
degrees above the horizon, except a shadow caused by a narrow object
such as a chimney, antenna, utility pole, wire, etc.
- 14.7
- Shade Point Height: The
vertical distance or height measured from the average elevation
at the solar Lot line to the shade point. If the shade point is
located at the north end of a ridge line of a structure oriented
within 45 degrees of a geodetic north-south line, the shade point
height computed according to the preceding sentence may be reduced
by 3 feet. If a structure has a roof oriented within 45 degrees of
a geodetic east-west line with a pitch which is flatter than 6 feet
(vertical) in 12 feet (horizontal), the shade point will be the cave
of the roof. If such a roof has a pitch which is 6 feet in 12 feet
or steeper, the shade point will be the peak of the roof.
- 14.8
- Shade Restricted Lot: Any
Lot within the subdivision that is southerly of and adjacent to a
solar lot. These Lots have some restriction on vegetation types and
structure height.
- 14.9
- Solar Friendly Vegetation: A tree or other vegetation which is included on the solar friendly
vegetation list kept by the City of Boise's Public Works and Community
Planning and Development Departments.
- 14.10
- Solar Lots: A Lot which
has the following characteristics:
- 1.
- The front Lot line is oriented
within thirty (30 degrees of a geodetic east/west bearing;
- 2.
- The Lot to the immediate south
has a north slope of ten (10) percent or less;
- 3.
- Is intended for the construction
of an above ground inhabited structure.
- 14.11
- Solar Lot Line: The most
southerly boundary of a solar Lot; the line created by connecting
the most distant southerly comers of the solar Lot.
- 14.12
- Solar Setbacks: The
minimum distance, measured perpendicular in the southerly direction,
from the center of the solar Lot line to the shade point of a structure
or to restricted vegetation based upon its height at maturity on the
shade restricted Lot.
- 14.13
- Solar and Shade Restricted
Lots: Pepper Hills Phase IV Solar (S), Shade Restricted (SR),
and Shade Restricted and Solar Lots are:
BLOCK |
LOT |
S |
SR |
SRS |
3 |
18 |
S |
|
|
3 |
17 |
S |
|
|
3 |
23 |
S |
|
|
1 |
16 |
S |
|
|
1 |
17 |
S |
|
|
1 |
18 |
S |
|
|
1 |
19 |
S |
|
|
1 |
6 |
|
|
SRS |
1 |
5 |
|
|
SRS |
1 |
4 |
|
|
SRS |
1 |
3 |
|
|
SRS |
1 |
2 |
|
|
SRS |
|
|