(1) Additional provisions addressing the applicability of sections 9.8000 through 9.8865 are found in EC 9.2000 through 9.3980, which identify various uses that require approval of a particular land use application. Land use applications referred to in EC 9.8000 through 9.8865 are subject to the procedural requirements in EC 9.7000 through 9.7925, Application Procedures, and any additional requirements of EC 9.8000 through 9.8865. To the extent there is a conflict, the provisions in EC 9.8000 through 9.8865 control.

(2) If an initial proposal also requires an application be submitted for one or more of the following:

the applicant may elect to have the applications reviewed concurrently according to the highest application type. All other provisions of this code would continue to apply to each application, including, but not limited to, the approval criteria.

(3) If the city’s final decision for any land use application reviewed and approved in accordance with the provisions of this land use code includes a finding of compliance with specific land use development standards, those standards shall not be considered at the time of a development permit application.

(1) Encourage design proposals that respond to the intent of the code and creatively meet or exceed the specific development standards.

(2) Allow adjustment to the development standards in an efficient and effective manner.

(1) Except as provided in subsections (2) and (3), the adjustment review application shall be prepared by one or more of the following professionals unless waived by the planning director::

(2) An application for adjustment review under EC 9.8030(21) shall comply with the following:

(3) Unless waived by the planning director:

(1) Lot Standards Adjustment. Where this land use code provides that the lot standards may be adjusted, the standards may be adjusted upon finding that the proposed lot dimensions are consistent with the purpose of the applicable zone and suitable for the area.

(2) Setback Standards Adjustment. Where this land use code provides that the setback standards applicable to specific zones may be adjusted, the standards may be adjusted upon finding that the proposed setback is consistent with the following applicable criteria:

(3) Landscape Standards Adjustment. Where this land use code provides that the landscape standards may be adjusted, the standards may be adjusted upon finding that the proposed landscape is consistent with the following applicable criteria:

(4) Building Orientation and Entrance Standards Adjustment. Where this land use code provides that building orientation and entrance standards may be adjusted, the standards may be adjusted upon finding that the proposal complies with one of the following:

(5) Underground Utilities Standard Adjustment. Where this land use code provides that the underground utility standard may be adjusted, the standards may be adjusted upon finding that one or more of the following exist:

(6) Large Commercial Facilities Standards Adjustment. Where this land use code provides that the large commercial facilities standards may be adjusted, the standards may be adjusted upon finding that the design contributes to one or more of the following:

(7) Large Multi-tenant Commercial Facilities Standards Adjustment. Where this land use code provides that the large multi-tenant commercial facilities standards may be adjusted, the standards may be adjusted upon finding that the design achieves all of the following:

(8) Multiple-Unit Standards Adjustment. Where this land use code provides that the multiple-unit standards may be adjusted, the standards may be adjusted upon finding that the design achieves all of the following:

(9) Bicycle Parking Standards Adjustment. Where this land use code provides that the bicycle parking standards may be adjusted, the standards may be adjusted upon finding that the design achieves all of the following:

In cases where the standard for required bicycle parking for a development site would require in excess of over 1,500 bicycle spaces, the applicant may also seek an adjustment by submitting for city review a Bicycle Management Program. The Bicycle Management Program shall address how the applicant will encourage bicycle use and the rationale for requesting an adjustment. City approval of the Bicycle Management Program shall constitute the granting of an adjustment.

(10) Motor Vehicle Parking and Loading Standards Adjustment. Where this land use code provides that the motor vehicle parking standards may be adjusted, the standards may be adjusted upon finding the applicable corresponding criteria are met.

(11) Vision Clearance Area – Approval Criteria for Adjustment Review. The vision clearance standards of EC 9.6780 may be adjusted if it is determined that no feasible alternative to the intersection to address vision clearance is available, and any of the following conditions exist:

(12) Intersections of Streets and Alleys Standards Adjustment. The minimum offset intersection requirements set forth in EC 9.6830 may be adjusted if the proposed adjustment is necessary and is designed so that no offset dangerous to the traveling public is created as a result of staggering of intersections. An offset necessary to assure safety and efficiency based on traffic engineering principles shall be required. Upon submittal by a traffic engineer and approval by the city of a study that demonstrates the safety and efficiency of an intersection offset of a lesser distance, the minimum intersection offsets of 100 feet on a local street, 200 feet on a collector street, and 400 feet on an arterial street may be adjusted. Offsets shall be measured from the center lines of the two intersecting streets.

(13) Tree Preservation and Removal Standards Adjustment. The minimum tree preservation requirement and maximum mitigation allowance of EC 9.6885(2) may be adjusted if one of the conditions listed in subparagraph (a) below applies and the proposed design complies with the criteria in subparagraph (b):

(14) Overlay Zone Development Standards Adjustment. Unless a subsection of EC 9.8030 sets out adjustment review criteria for a specific overlay zone, where this land use code provides that overlay zone standards may be adjusted, the standards may be adjusted upon a finding that the adjustment of the standards will result in a development that is consistent with the purpose of the overlay.

(15) S-H Historic Zone Standards Adjustment. In addition to the allowed adjustments to standards provided elsewhere in this land use code, any standard applicable to an S-H Historic Zone may be adjusted upon finding that the proposal is consistent with the purpose of the applicable zone and is suitable for the area.

(16) Downtown Plan Area. Where this land use code provides that a development standard applicable within the Downtown Plan Area as shown on Map 9.2161(6), Downtown Plan Map, may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following:

(17) S-RN Royal Node Special Area Zone Standards Adjustment. A standard applicable within the S-RN Royal Node Subarea LDR, MDR, RMU, CMU or MSC may be adjusted upon a finding that the proposed adjustment:

If there is no EC 9.8030 subsection that pertains to the type of standard being considered, adjustment may be permitted based solely on compliance with EC 9.8030(17)(a).

(18) S-CN Chase Node Special Area Zone Standards Adjustment. A standard applicable within the S-CN Chase Node Special Area Zone Subarea C, HDR/MU or HDR may be adjusted upon a finding that the proposed adjustment:

If there is no EC 9.8030 subsection that pertains to the type of standard being considered, adjustment may be permitted based solely on compliance with EC 9.8030(18)(a).

(19) Improvements, Streets and Alleys.

(20) Public Accessways. The public accessway standards of 9.6835(1) may be adjusted if the developer has shown that pedestrian and bicyclists traveling to and from nearby residential areas, transit stops, neighborhood activity centers, and other commercial and employment and industrial areas are already being provided safe, convenient and direct access. “Nearby” means within 1/4 mile that can reasonably be expected to be used by pedestrians, and within 2 miles that can reasonably be expected to be used by bicyclists.

(21) /WR Water Resources Conservation Overlay Zone Adjustment. Where this land use code provides that a provision of the /WR Water Resources Conservation Overlay Zone may be adjusted, approval may be given only upon a finding that the proposed adjustment meets criterion (a), (b), (c) or (d) below:

(22) Pedestrian Circulation On-site Adjustment. Where this land use code provides that on-site pedestrian circulation may be adjusted, the standards may be adjusted upon finding that, considering site constraints or practical difficulties, the proposed design provides adequate pedestrian connections:

(23) S-C Chambers Special Area Zone. The following standards applicable within the S-C Chambers Special Area Zone may be adjusted upon a finding that the adjustment is consistent with the criteria of subparagraphs (a) through (e). In all cases, proposed adjustments to the standard shall be the minimum necessary to implement the development proposal:

(24) Stormwater Quality, Flow Control, Oil Control and Source Control Standards Adjustment. (Adjustments under this subsection are not permitted within the /CL Clear Lake Overlay Zone.)

(25) /WQ Water Quality Overlay Zone Adjustment. In accordance with EC 9.4784, a provision of the /WQ Water Quality Overlay Zone may be adjusted only upon a finding that the proposed adjustment meets criterion (a), (b), or (c) below:

(26) S-JW Jefferson Westside Special Area Zone. The following standards applicable within the S-JW Jefferson Westside Special Area Zone may be adjusted upon a finding that the adjustment is consistent with the following criteria.

(27) Driveways and Internal Circulation. The driveway requirement of EC 9.6703(3)(a) may be adjusted if the site developer demonstrates with an Alternative Traffic Safety Study that a shorter driveway stacking area will provide safe ingress and egress to the development site, will not negatively impact the efficiency of the public right-of-way, and will not result in a hazard to the bicycle, pedestrian or vehicular traffic using the right-of-way.

(28) Public Access Required. The public access requirement of 9.6735(2) may be adjusted if the site developer demonstrates any of the following:

(29) Street Standards Adjustment. Where this land use code provides that street standards may be adjusted, the standards may be adjusted upon a demonstration by the applicant that the requested adjustment is consistent with the following:

(30) Driveways and Parking Areas in R-3 and R-4. The standards at EC 9.2751(15)(c)(9). may be adjusted if the applicant demonstrates that any hardscaped or non-landscaped areas are separated from the driveway and associated parking area, and that vehicle access and parking is physically precluded.

(31) /ND Nodal Development Overlay Zone. Where this land use code provides that a development standard applicable within the /ND Nodal Development overlay zone may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following:

(32) /TD Transit Oriented Development Overlay Zone. Where this land use code provides that a development standard applicable within the /TD Transit Oriented Development overlay zone may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following:

(33) Large Employment Facilities Standards Adjustment. Where this land use code provides that the large employment facilities standards may be adjusted, the standards may be adjusted upon finding that the proposed development achieves the purpose of EC 9.2463 through alternative or innovative design solutions.

(34) Accessory Dwellings. Where this land use code provides that the standards for accessory dwellings may be adjusted, the standards may be adjusted upon demonstration by the applicant that the applicable corresponding criteria are met.

(35) Alley Access Lots. Building Height/Interior Setback. A dwelling on an alley access lot may have maximum building height of up to 24 feet if all of the structure that would fall within the scope of the “Building Height/Sloped Setback” standard is at least 20 feet from all interior property lines and within the sloped setback.

(36) /CL Clear Lake Overlay Zone. Where EC 9.4165 provides that the development standards of the /CL Clear Lake Overlay Zone may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following:

(37) Middle Housing Standards Adjustment. Where EC 9.5550 provides that standards applicable to triplexes, fourplexes, townhouses, or cottage clusters may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following, as applicable:

(38) River Road/Santa Clara Neighborhood Specific Standards. Where this land use code provides that the River Road/Santa Clara Neighborhood Specific Standards can be adjusted, the standards may be adjusted upon finding that the design achieves all of the following:

(1) All cluster subdivision applications shall include the standard subdivision requirements set forth in EC 9.8510 Subdivision, Tentative Plan Application Requirements except for 9.8510(4).

(2) The cluster subdivision application shall identify a project coordinator that is either licensed in the state of Oregon to practice architecture or landscape architecture. For applications that include 4 acres or more, the application shall also include a professional design team consisting of at least the following professionals:

(1) The proposed subdivision complies with:

With the exception of density requirements, the residential development standards of EC 9.2750 Residential Zone Development Standards and EC 9.2751 Special Development Standards for Table 9.2750 may be relaxed based on compliance with the remainder of the cluster subdivision criteria. An exception or an adjustment to a development standard constitutes compliance with the standard.

(2) For areas not included on the city’s acknowledged Goal 5 inventory, the proposed subdivision includes at least 25% of the development site in common open space that either is suitable area for natural resource protection or for use by residents. Areas used for motor vehicle parking and maneuvering shall not be considered as open space.

(3) For areas not included on the city’s acknowledged Goal 5 inventory, the proposed subdivision shall maintain open space around natural features, such as steep slopes, wooded areas, and natural waterways or wetlands where those exist, or create common open space with amenities for community activities for residents such as picnic areas, playgrounds, sports features, or gardens.

(4) The cluster subdivision will provide an appropriate transition to surrounding properties including, but not limited to, anticipated building locations, bulk, and height.

(5) The proposed residential density, accounting for any duplex, tri-plex and fourplex lots, shall comply with Table 9.2750 Residential Zone Development Standards.

(6) The proposed development provides adequate degree of light, air circulation, and privacy for residents within the development.

(7) For areas included on the city’s acknowledged Goal 5 inventory, natural resource protection shall be consistent with the acknowledged level of protection provided for the resource.

(1) Is consistent with applicable statewide planning goals as adopted by the Land Conservation and Development Commission.

(2) Is consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans.

(3) In the case of establishment of a special area zone, is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone.

(1) Initiation. Amendments to the Envision Eugene Comprehensive Plan may be proposed only as described in this subsection. The city council may initiate consideration of any amendment to the Envision Eugene Comprehensive Plan without the need for an application form.

(2) Approval Process.

(1) The proposed amendment is consistent with the Statewide Planning Goals.

(2) The proposed amendment is consistent with the Eugene-Springfield Metropolitan Area General Plan.

(3) The proposed amendment is consistent with the remaining portions of the Envision Eugene Comprehensive Plan.

(4) The proposed amendment will not result in a deficit in the city’s needed supply of employment or residential land, based on the most recently adopted and acknowledged employment land study or residential land study.

(1) Conditional use applications shall be processed in accordance with the application procedures contained in EC 9.7000 through 9.7925, Application Procedures.

(2) When a conditional use permit is required for the proposed use, no development permit application shall be accepted by the city until the hearings official or planning commission approves the conditional use permit, and then only in accordance with the terms and conditions of that conditional use permit.

(3) If the proposal includes housing, the written statement submitted with the conditional use permit application shall clearly state whether the applicant is electing to use the discretionary approval criteria in EC 9.8090 Conditional Use Permit Approval Criteria – General/Discretionary instead of the approval criteria found in EC 9.8100 Conditional Use Permit Approval Criteria – Housing/Clear and Objective.

(1) The proposal is consistent with applicable provisions of the Metro Plan and applicable refinement plans.

(2) The location, size, design, and operating characteristics of the proposal are reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property, as they relate to the following factors:

(3) The location, design, and related features of the proposal provides a convenient and functional living, working, shopping or civic environment, and is as attractive as the nature of the use and its location and setting warrant.

(4) The proposal demonstrates adequate and safe circulation exists for the following:

(5) The proposal is designed and sited to minimize impacts to the natural environment by addressing the following:

(6) The proposal provides adequate public facilities and services including, but not limited to utilities, streets, and other infrastructure.

(7) The proposal does not create any significant risk to public health and safety, including but not limited to soil erosion and flood hazard, or an impediment to emergency response.

(8) The proposal complies with all applicable standards, including but not limited to:

(9) The proposal complies with the Traffic Impact Analysis Review provisions of EC 9.8650 through 9.8680 where applicable.

(1) The proposal complies with EC 9.5860 Transition Standards.

(2) If applicable, the proposal complies with the standards contained in EC 9.5500 Multiple-Unit Standards.

(3) For areas not included on the city’s acknowledged Goal 5 inventory, the proposal will preserve existing natural resources by compliance with the provisions of EC 9.6880 to EC 9.6885 Tree Preservation and Removal Standards.

(4) The proposal complies with:

(5) Public improvements as required by this land use code or as a condition of approval will be completed prior to issuance of a development permit, or:

(6) If the standards addressed under EC 9.8100(4) require a public street, or if the applicant proposes the creation of a public street, the proposal will provide pedestrian and bicycle circulation to transit stops and neighborhood activity centers located within 1/4 mile of the development site, provided the city makes findings to demonstrate consistency with constitutional requirements. The distance between the development site and a transit stop or neighborhood activity center shall be determined using the shortest distance as measured in a straight line between a point along the perimeter of the development site and:

(1) Purpose. This classification of conditional use is provided in order to facilitate special review of certain uses within the natural resource zone or the wetland buffer overlay zone. It is intended to implement policies in the adopted West Eugene Wetlands Plan or other applicable plans.

(2) Criteria for Hearings Official Approval. Applications for conditional use permits within the NR natural resource zone or /WB wetland buffer overlay zone shall be processed and scheduled for public hearings in the same manner as other conditional use permit applications, except that NR standards (2) through (19) listed in EC 9.2530 Natural Resource Zone Development Standards shall be considered as additional criteria along with the criteria listed in EC 9.8090 Conditional Use Permit Approval Criteria – General/Discretionary.

(1) The proposed modification is not materially inconsistent with the conditions of the original approval; and

(2) The proposed modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties.

(1) Unless waived by the planning director, the application shall be prepared by one or more of the following professionals:

(2) The application shall include a site plan that shows sufficient detail and supporting narrative information to demonstrate compliance with applicable criteria. Unless waived by the planning director, the site plan shall be prepared by an Oregon licensed architect, landscape architect, civil engineer or Oregon licensed surveyor.

(1) The proposed modification is consistent with the conditions of the original approval.

(2) The proposed modification will result in insignificant changes in the physical appearance of the development and the impact on surrounding properties.

(1) The provisions of EC 9.8115 through 9.8121 apply to applications requesting the extension of water service or sewer service from inside the city limits to serve property located outside of the city limits, except as provided in subsection (2) below.

(2) Approval for extra-territorial extension of water or sewer service to property located within the boundary of the Industrial Corridor Community Organization as shown on Map 9.8117 Industrial Corridor, is automatic upon approval of a building or development permit so long as the property owner executes an irrevocable consent to annexation form approved by the city attorney, authorizing the city council to annex the property whenever the annexation is authorized by state law. This subsection (2) shall not apply to property that is eligible for annexation.

(1) A list of all tax lots proposed to be served, including street addresses;

(2) The proposed number of service connections and their locations;

(3) A written narrative addressing the proposal’s consistency with the approval criteria in EC 9.8121.

(1) Notice of the public hearing shall be:

(2) The city council shall adopt a resolution approving or denying the application. The city council’s decision is final, and shall be based on compliance with the following criteria:

(1) The proposed development or use will have no adverse health or safety impacts on the community.

(2) The proposed development or use will meet adopted city standards related to hazardous materials.

(3) All mitigating measures necessary to alleviate impacts to public health, safety and welfare have been identified and provided for.

(4) The design and construction of building foundations and public and private utilities and infrastructure improvements meet adopted city standards.

(1) Historic Landmark Designation. The historic landmark designation follows a Type III process and may be initiated by the property owner, planning director, or city council.

(2) Historic Landmark – Removal of Designation. The property owner of a historic landmark or the planning director may initiate the process to remove historic landmark designation. Removal applications shall follow a Type I process.

(3) Historic Property Demolition. A pre-application conference is required prior to submittal of a historic property demolition application. The demolition application shall follow a Type II application process (EC 9.7010 Application Filing). In order for the city to determine that a historic property demolition application is complete, the owner shall establish that within the previous year the owner has solicited purchase offers for the historic property by giving notice of sale of the property as follows:

As part of the historic property demolition application, the applicant shall prepare and submit a historic property mitigation report.

(1) Designation is consistent with applicable provisions of the Metro Plan and applicable refinement plans.

(2) Designation is based on a determination of historic significance according to one or more of the following:

(3) In addition to EC 9.8165(1) and (2) above, criteria for designation of a historic resource that was moved, is primarily commemorative in intent, or less than fifty years of age shall include the following considerations:

(1) Upon verification that the historic landmark is demolished or moved.

(2) The property owner requests that the local historic landmark designation be removed.

(1) The historic significance of the property is retained and preserved by minimizing the removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize the historic property.

(2) The historic property remains recognizable as a physical record of its time, place, and use. The alteration will not create a false sense of historical development by adding conjectural features or elements from other historic properties or time periods.

(3) Changes to the property that have acquired historic significance in their own right are retained and preserved to the extent possible.

(4) Distinctive materials, features, finishes, construction techniques, or examples of skilled craftsmanship that characterize the property are retained to the extent possible.

(5) Deteriorated historic features are repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature matches the old in design, color, texture, and where possible, materials. Whenever possible replacement of missing features, including identified historic landscape features, is substantiated by historic, pictorial, or physical evidence rather than on conjectural designs.

(6) New additions, exterior alterations, or related new construction do not unnecessarily destroy historic materials, features, and spatial relationships that characterize the property. The new work is differentiated from the old and is compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. If a historic property alteration is removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired to the extent possible.

(7) If applicable, the proposed alteration is consistent with development standards or design guidelines adopted by the historic review board.

(8) Every reasonable effort is made to protect known archeological resources affected by and adjacent to any alteration project. If such resources must be disturbed, mitigation measures shall be undertaken.

(9) The proposed alteration complies with all applicable standards or adjustments thereto made pursuant to provisions beginning at EC 9.8015 of this land use code.

(1) The state of repair of the historic property and the financial and physical feasibility of historic rehabilitation, historic property moving, or leaving the property in its current state or location.

(2) The effects of the moving upon the use and development of the historic property.

(3) The marketability of the property and the willingness of the property owner to sell the property.

(1) Relocation is the only viable alternative for preservation of the historic property.

(2) The effects of the moving upon the use and development of the historic property.

(3) The historic property is structurally capable of relocation.

(4) The proposed new relocation site will not reduce the historic significance or historic architectural significance of the historic property.

(1) Except as provided in subsection (2), Middle housing land divisions are subject to the application procedures in EC 9.7900 through EC 9.7925.

(2) An applicant may elect to have a Middle Housing Land Division application reviewed concurrently with a subdivision or partition application. If the applicant elects concurrent review, the procedures that will apply to review and appeal of the Middle Housing Land Division application are the procedures applicable to review and appeal of the subdivision or partition application. EC 9.7640 through 9.7644 and EC 9.7900 through 9.7925 do not apply to Middle Housing applications reviewed concurrently with subdivision or partition applications. All other provisions of this code continue to apply to each application, including but not limited to approval criteria.

(3) The creation of middle housing lots through a middle housing land division is permitted:

(1) The tentative plan included in the middle housing land division application must be prepared by an Oregon licensed land surveyor.

(2) The application must include a preliminary title report.

(3) The application must identify all contiguous property under the same ownership as the property to be divided.

(4) The application must be signed by the owner of the property to be divided.

(5) The property to be divided must be a legal lot.

(1) If the property to be divided is not yet developed with middle housing:

(2) If the property to be divided is developed with middle housing:

(3) The proposed middle housing land division complies with all of the following:

(4) The following easements are shown on the tentative plan:

(5) Separate utilities are provided for each dwelling unit.

(6) The middle housing land division results in one dwelling unit on each middle housing lot, except lots, parcels or tracts that include a common area. Lots, parcels or tracts that include a common area, but do not include a dwelling unit, are permitted.

(7) The application demonstrates that buildings or structures on the middle housing lots created by the middle housing land division will comply with applicable building code provisions related to new property lines; and, notwithstanding the creation of new lots or parcels, that structures or buildings located on the middle housing lots will comply with the Oregon Residential Specialty Code.

(8) The following notes are included on the tentative plan:

(9) The proposed middle housing land division will not cause any existing improvements on the middle housing lots to be inconsistent with applicable standards in this land use code.

(1) Be signed by the owner of the property.

(2) Contain a proposed final plat stamped and signed by an Oregon licensed land surveyor, complying with state and local platting and surveying requirements.

(3) Contain documentation addressing all conditions of tentative plan approval and state and local platting requirements.

(1) The city surveyor has approved the final plat for compliance with applicable platting requirements in accordance with state law.

(2) Streets, bicycle paths, accessways, and alleys for public use have been dedicated without any reservation or restriction other than reversionary rights upon vacation.

(3) Public improvements as required by this land use code or as a condition of tentative plan approval are completed, or:

(4) Public assessments, liens, and fees with respect to the middle housing land division have been paid, or:

(5) All conditions of tentative middle housing land division approval have been met and the final plat substantially conforms to the provisions of the approved tentative middle housing land division.

(1) The city surveyor and planning director shall note their approval of the middle housing land division on the final plat along with the effective date of approval, which constitutes the city’s acceptance of any dedications to the public contained therein. After approval, the city shall forward the final plat for the middle housing land division to Lane County for signature by the county assessor and recording.

(2) A notice of middle housing land division shall be recorded for each middle housing lot with the Lane County Deeds and Records that states:

(1) Except as provided in subsections (2) and (3) of this section, requests to create 2 or 3 parcels shall be subject to the partition provisions of this land use code, and shall follow a Type II application procedure.

(2) Partition applications that meet the approval criteria in EC 9.8215(7) or EC 9.8220(5) may be processed pursuant to the expedited land division procedures in EC 9.7900 through EC 9.7925.

(3) Concurrent applications may be processed as provided in EC 9.8005.

(4) A tentative plan application to partition land may be submitted and reviewed concurrently with a tentative PUD application following a Type III application procedure. If a partition application that also involves a PUD application is not submitted concurrently with the tentative PUD application, the partition application may not be submitted until a tentative PUD is approved. (Refer to EC 9.8305 Applicability.)

(5) If a partition tentative plan application is not reviewed concurrently with a tentative PUD application, no development permit shall be issued by the city prior to approval of the tentative partition application. If a tentative partition is reviewed concurrently with a tentative PUD application, no development permit shall be issued by the city prior to approval of the final PUD application in accordance with EC 9.8305.

(1) Applications are prepared by an Oregon licensed land surveyor and contain a preliminary title report.

(2) Applications include all contiguous property under the same ownership as the subject property, and are signed by the owner of the property.

(3) The lot proposed to be divided in the partition application is a legal lot.

(4) If the proposal includes housing, the written statement submitted with the partition application shall clearly state whether the applicant is electing to use the discretionary approval criteria in EC 9.8215 Partition, Tentative Plan Approval Criteria – General/Discretionary instead of the approval criteria found in EC 9.8220 Partition, Tentative Plan Approval Criteria – Housing/Clear and Objective.

(5) The written statement submitted with the partition application shall clearly state whether the applicant believes that the proposal qualifies for the expedited land division procedures in EC9.7900 through EC 9.7925, and whether the applicant is electing to use the expedited land division procedures in EC 9.7900 through EC 9.7925.

(1) The proposed partition complies with all of the following, unless specifically exempt from compliance through a code provision applicable to a special area zone or overlay zone:

An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.

(2) The proposed partition will not create a new nonconforming situation.

(3) Partitions abutting collector and arterial streets comply with access management guidelines of the agency having jurisdiction over the street.

(4) If the provisions of EC 9.8215(1) require a public street, or if the applicant proposes the creation of a public street, all of the following criteria also apply:

(5) As far as is practicable, lot side lines run at right angles to the street upon which the lots face, except that on curved streets they are radial to the curve.

(6) On R-1 zoned property, if the partition results in a parcel greater than 13,500 square feet in size based on EC 9.2761(5)(b), the application shall indicate the location of parcel lines and other details of layout that show future division of the parcel may be made without violating the requirements of this land use code and without interfering with the orderly extension of adjacent streets, bicycle paths, and accessways. If the planning director deems it necessary for the purpose of future land division, any restriction of buildings within future street, bicycle path, and accessway locations shall be made a matter of record in the tentative plan approval.

(7) If the applicant elects to use the expedited land division procedures in EC 9.7900 through EC 9.7925, the application must meet the following additional approval criteria in subparagraphs (a)–(c):

(1) The proposed partition complies with all of the following:

An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.

(2) The proposed partition will not cause any existing improvements on proposed lots to be inconsistent with applicable standards in this land use code.

(3) If the provisions of EC 9.8220(1) require a public street, or if the applicant proposes the creation of a public street, the following criteria also apply:

(4) On R-1 zoned property, if the partition results in a parcel greater than 13,500 square feet in size based on EC 9.2761(5)(b), the application shall indicate the location of parcel lines and other details of layout that show future division may be made without violating the requirements of this land use code and without interfering with the orderly extension of adjacent streets, bicycle paths, and accessways. Any restriction of buildings within future street, bicycle path, and accessway locations shall be made a matter of record in the tentative plan approval.

(5) If the applicant elects to use the expedited land division procedures in EC 9.7900 through EC 9.7925, the application must meet the following additional approval criteria in subparagraphs (a)–(c):

(1) Be signed by the owner of the property.

(2) Contain a proposed final plat stamped and signed by an Oregon licensed land surveyor, complying with state and local platting and surveying requirements.

(3) Contain documentation addressing all conditions of tentative plat approval and state and local platting requirements.

(1) The city surveyor has approved the final plat for compliance with applicable platting requirements in accordance with state law.

(2) Streets, bicycle paths, accessways, and alleys for public use have been dedicated without any reservation or restriction other than reversionary rights upon vacation.

(3) Public improvements as required by this land use code or as a condition of tentative plan approval are completed, or:

(4) Public assessments, liens, and fees with respect to the partition have been paid, or:

(5) All conditions of tentative partition approval have been met and the final plat substantially conforms to the provisions of the approved tentative partition.

(1) Create a sustainable environment that includes:

(2) Create comprehensive site plans for geographic areas of sufficient size to provide developments at least equal in quality to those that are achieved through the traditional lot by lot development and that are reasonably compatible with the surrounding area.

(1) The proposal is subject to review and approval through the PUD process according to an adopted refinement plan, including but not limited to, property within the boundary of the South Hills Study where all or a portion of a development site is:

(2) The property is zoned with a /PD overlay zone.

(3) One or more land uses proposed for the site are subject to review and approval through the PUD process according to the zoning.

(4) When requested by the property owner.

(1) Ownership. The area included in a proposed PUD shall either be under single ownership or common development control. The application shall include all contiguous property under the same ownership or development control, shall be signed by the owner of the property, and include such related information as prescribed by the planning director. Otherwise contiguous parcels that are separated only by a public right-of-way, shall be included in the PUD application unless the public right-of-way is designated an arterial or collector on the street classification map. If otherwise contiguous parcels are separated by an arterial or collector street, the applicant may, at the applicant’s discretion, include those parcels in the PUD application.

(2) Project Coordinator and Professional Design Team. The tentative PUD application shall identify the PUD project coordinator and the professional design team and certify compliance with the following:

(3) Phasing. The tentative PUD application shall include a phasing plan that indicates any proposed phases for development, including the boundaries and sequencing of each phase. Phasing shall progress in a sequence that promotes street connectivity between the various phases of the development and accommodates other required public improvements.

(4) Density. Dwelling unit densities for PUDs shall be consistent with Table 9.2750 Residential Zone Development Standards. The calculation of the number of dwelling units allowed shall be determined based on the following:

(5) Housing. If the proposal includes housing, the written statement submitted with the PUD application shall clearly state whether the applicant is proceeding under: (a) the approval criteria in EC 9.8320 Tentative Planned Unit Development Approval Criteria – General/Discretionary; or (b) the approval criteria in EC 9.8325 Tentative Planned Unit Development Approval Criteria Housing/Clear and Objective.

(1) The PUD is consistent with applicable adopted policies of the Metro Plan.

(2) The PUD is consistent with applicable adopted refinement plan policies.

(3) The PUD will provide adequate screening from surrounding properties including, but not limited to, anticipated building locations, bulk, and height.

(4) The PUD is designed and sited to minimize impacts to the natural environment by addressing the following:

(5) The PUD provides safe and adequate transportation systems through compliance with the following:

(6) The PUD will not be a significant risk to public health and safety, including but not limited to soil erosion, slope failure, stormwater or flood hazard, or an impediment to emergency response.

(7) Adequate public facilities and services are available to the site, or if public services and facilities are not presently available, the applicant demonstrates that the services and facilities will be available prior to need. Demonstration of future availability requires evidence of at least one of the following:

(8) Residents of the PUD will have sufficient usable recreation area and open space that is convenient and safely accessible.

(9) Lots proposed for development with single-unit detached dwellings shall comply with EC 9.2790 Solar Lot Standards or as modified according to subsection (10) below.

(10) The PUD complies with all of the following:

An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.

(11) The proposed development shall have minimal off-site impacts, including such impacts as traffic, noise, stormwater runoff and environmental quality.

(12) The proposed development shall be reasonably compatible and harmonious with adjacent and nearby land uses.

(13) If the tentative PUD application proposes a land division, nothing in the approval of the tentative application exempts future land divisions from compliance with state or local surveying requirements.

(14) If the proposed PUD is located within a special area zone, the applicant shall demonstrate that the proposal is consistent with the purpose(s) of the special area zone.

(15) For property with the /SR Site Review Overlay Zone, the PUD complies with any additional site-specific criteria that were specified at the time the /SR designation was applied to the property.

(1) The proposal complies with EC 9.5860 Transition Standards.

(2) The proposed land uses and densities within the PUD are consistent with the land use designation(s) shown on the comprehensive plan diagram, as refined in any applicable refinement plan.

(3) For areas not included on the city’s acknowledged Goal 5 inventory, the PUD preserves existing natural resources by compliance with the provisions of EC 9.6880 to EC 9.6885 Tree Preservation and Removal Standards

(4) The PUD provides safe and adequate transportation systems through compliance with all of the following:

(5) The PUD complies with all of the following:

An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.

(6) The applicant has demonstrated that wastewater service, transportation service, stormwater service, water service, and electrical service will be provided to the site prior to the need for those facilities and services. Where the facility or service is not already serving the site, this demonstration requires evidence of at least one of the following:

(7) PUDs proposed on development sites that are two acres or larger must comply with either subparagraph (a) or (b), below:

(8) For any PUD located within or partially within the boundaries of the South Hills Study, the following additional approval criteria apply:

(1) The proposed modification is consistent with the conditions of the original approval.

(2) The proposed modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties.

(1) Applications shall contain final maps and supplemental materials required to demonstrate compliance with tentative plan conditions of approval.

(2) Final PUD plans may be submitted in phases, if such phases were approved as part of the tentative PUD consideration. The boundaries of each phase of the final PUD plans shall coincide with the boundaries of the phasing areas approved at the tentative plan stage. Requests to extend the time frame for a specific phase shall be subject to EC 9.7340 Expiration.

(3) When a PUD or any phase thereof is submitted for final approval, each design team member shall provide written certification that the portion of the project in which he or she was involved continues to comply with the approved tentative plan conditions of approval.

(1) The final PUD plan conforms with the approved tentative PUD plan and all conditions attached thereto.

(2) For final PUDs not associated with a land division, public improvements as required by this land use code or as a condition of tentative plan approval will be completed prior to issuance of a development permit, or:

(1) The proposed modification is consistent with the conditions of the original approval.

(2) The proposed modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties.

(1) A property line adjustment application is applicable to changes to the property lines of adjoining properties when all of the following exist:

(2) A property line adjustment application may not be utilized to effect the reconfiguration of lots or parcels which must be approved through the partition or subdivision procedure.

(3) A property line adjustment application may not be utilized to create flag lots.

(1) Except for parallel property line adjustments to platted lots, when the adjusted property line is a distance of even width along the common boundary, all applications shall be prepared by an Oregon licensed Land Surveyor.

(2) Applications shall be signed by at least one of the owners of each parcel involved, and shall include a current preliminary title report issued within one year of the date the application is submitted, for each parcel.

(1) Any buildings to be retained on the properties comply with the minimum front and interior yard setbacks as defined in this land use code.

(2) The final configuration of property lines shall not reduce an existing lot below the minimum lot standards established in this land use code or otherwise violate standards of this land use code, building codes, fire codes, and Chapter 7.

(3) The final configuration of property lines shall not violate any previous requirements or conditions of approval imposed with a prior applicable land use decision.

(4) Public assessments, liens, and fees with respect to the property line adjustment have been paid, or:

Approval of a property line adjustment does not relieve the applicant from complying with all applicable codes or statutory requirements.

(5) Within the /WR Water Resources Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no new lot may be created if more than 33% of the lot, as created, would be occupied by either:

(6) Within the R-1 zone in the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association, property lines may only be adjusted up to 5 feet, measured perpendicularly from the current location of the property line. A Property Line Adjustment allowed under this section may be up to 10 feet if the adjustment is necessary to accommodate an encroachment that existed as of April 12, 2014.

(1) Upon approval of a property line adjustment, the city shall record with Lane County a Notice of Approval for Property Line Adjustments that contains the revised legal descriptions of the two existing lots affected by the adjustment.

(2) In accordance with state law, the owners of the property affected by the adjustment are responsible for creating and recording a deed with Lane County Deeds and Records that reflects the new location of the property line. The property owners are also responsible for submitting requests to the Lane County Department of Assessment and Taxation for transfers on the assessment roll in accordance with the approved adjustment.

(3) The respective property owners are responsible for payment of any public liens, assessments and fees that may be required prior to recording the notice of approval.

(4) The respective property owners are responsible for meeting the statutory requirements for the survey and monumentation of the new line by an Oregon licensed surveyor.

(1) The refinement plan amendment is consistent with all of the following:

(2) The refinement plan amendment addresses one or more of the following:

(1) Property is zoned with the /SR overlay zone and the proposal would result in either of the following:

(2) The proposed use on the property is identified as a use which requires site review under other provisions of this land use code and the proposal would result in either of the following:

In lieu of site review, an application that falls within (1) or (2) above, may obtain approval through the Planned Unit Development process. No development permit shall be issued by the city prior to approval of the site review application, or the final planned unit development application.

(1) Oregon licensed architect.

(2) Oregon licensed civil engineer.

(3) Oregon licensed landscape architect.

(4) A member of the American Institute of Certified Planners.

(1) The site review plan’s general design and character is reasonably compatible with surrounding properties, as it relates to building locations, bulk and height, noise, glare and odors.

(2) Proposed lots, buildings, streets, parking lots, recreation areas, and other proposed uses are designed and sited to minimize impacts to the natural environment by addressing the following:

(3) The proposal provides safe and adequate transportation systems through compliance with all of the following:

(4) The proposal will not be a significant risk to public health and safety, including but not limited to soil erosion, slope failure, stormwater or flood hazard, or an impediment to emergency response.

(5) The proposal complies with all of the following standards:

An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.

(6) The proposal complies with applicable adopted plan policies beginning at EC 9.9500.

(7) Any additional specific factors applied at the time the /SR designation was applied.

(1) The proposal complies with EC 9.5860 Transition Standards.

(2) For a proposal for multiple-unit developments, the proposal complies with the standards contained in EC 9.5500 Multiple-Unit Standards.

(3) For areas not included on the city’s acknowledged Goal 5 inventory, the proposal will preserve existing natural resources by compliance with the provisions of EC 9.6880 through EC 9.6885 Tree Preservation and Removal Standards.

(4) The proposal complies with all of the following:

An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.

(5) Public improvements as required by this land use code or as a condition of approval will be completed prior to issuance of a development permit, or:

(6) If the standards addressed under EC 9.8445(4) require a public street, or if the applicant proposes the creation of a public street, the proposal will provide pedestrian and bicycle circulation to transit stops and neighborhood activity centers located within 1/4 mile of the development site, provided the city makes findings to demonstrate consistency with constitutional requirements. The distance between the development site and a transit stop or neighborhood activity center shall be determined using the shortest distance as measured in a straight line between a point along the perimeter of the development site and:

(1) The proposed modification is consistent with the conditions of the original approval.

(2) The proposed modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties.

(1) Unless waived by the planning director, the application shall be prepared by one or more of the following professionals:

(2) Unless waived by the planning director, if the application submitted under EC 9.4930(3) is not prepared by a professionally trained botanist or biologist, one or more of the professionals preparing the application shall have sufficient professional expertise and training in field botany or related biological sciences to evaluate consistency of the application with application standards.

(3) The application shall include a site plan that shows sufficient detail and supporting narrative information to demonstrate compliance with applicable standards. Unless waived by the planning director, the site plan shall be prepared by an Oregon licensed civil engineer or Oregon licensed surveyor.

(4) The site plan and application shall be signed by each of the professionals preparing the application, certifying that the application is true and correct to the best of his or her professional ability, and that, if applicable, the professional standards of his or her profession have been met therein.

(1) The proposed modification is consistent with the conditions of the original approval.

(2) The proposed modification will not result in a greater impact to the resource than permitted by the initial approval.

(1) Except as provided in subsections (2) and (3) of this section, requests to create 4 or more lots shall be subject to the subdivision provisions of this land use code and shall follow a Type II application process.

(2) Subdivision applications that meet the approval criteria in EC 9.8515(13) or EC 9.8520(9) may be processed pursuant to the expedited land division procedures in EC 9.7900 through EC 9.7925.

(3) Concurrent applications may be processed as provided in EC 9.8005.

(4) A tentative plan application to subdivide land may be submitted and reviewed concurrently with a tentative PUD application following a Type III application procedure. If a subdivision application that also involves a PUD application is not submitted concurrently with a tentative PUD application, the subdivision application may not be submitted until a tentative PUD application is approved. (Refer to EC 9.8305 Applicability.)

(5) If a subdivision tentative plan application is not reviewed concurrently with a tentative PUD application, no development permit shall be issued by the city prior to approval of the tentative subdivision application. If a subdivision tentative plan application is reviewed concurrently with a tentative PUD application, no development permit shall be issued by the city prior to approval of the final PUD application in accordance with EC 9.8305.

(1) All tentative subdivision applications shall be prepared by an Oregon licensed land surveyor and shall include a preliminary title report.

(2) The application shall include all contiguous undeveloped or partially developed property under the same ownership as the subject property, be signed by the owner of the property, and include such related information as prescribed by the planning director.

(3) The tentative subdivision plan application shall include a phasing plan that indicates any proposed phases for development, including the boundaries and sequencing of each phase. Phasing shall progress in a sequence that promotes street connectivity between the various phases of the development and accommodates other required public improvements.

(4) The lot proposed to be divided in the subdivision application is a legal lot.

(5) If the proposal includes housing, the written statement submitted with the subdivision application shall clearly state whether the applicant is electing to use the discretionary approval criteria in EC 9.8515 Subdivision, Tentative Plan Approval Criteria – General/Discretionary instead of the approval criteria found in EC 9.8520 Subdivision, Tentative Plan Approval Criteria – Housing/Clear and Objective.

(6) The written statement submitted with the subdivision application shall clearly state whether the applicant is electing to use the expedited land division procedures in EC 9.7900 through EC 9.7925 and how the applicant believes that the proposal qualifies for the expedited land division procedures in EC 9.7900 through EC 9.7925.

(1) The proposed subdivision complies with all of the following, unless specifically exempt from compliance through a code provision applicable to a special area zone or overlay zone:

(2) Approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the development of the remainder or any adjoining land or access thereto, based on the provisions of this land use code. For subdivisions involving phasing, it shall be demonstrated that each sequential phase will maintain consistency with the provisions of EC 9.8515 Tentative Subdivision Approval Criteria – General/Discretionary.

(3) Any existing improvements on the proposed lots are consistent with the provisions of this land use code.

(4) The proposed subdivision will be consistent with the property’s designation in the comprehensive plan and applicable adopted plan policies as reflected in the sections beginning at EC 9.9500.

(5) The proposed subdivision will:

(6) The proposed subdivision provides safe, convenient, and direct bicycle and pedestrian access to nearby and adjacent residential areas, transit stops, neighborhood activity centers, commercial areas, and employment and industrial areas, and provides safe, convenient, and direct transit circulation, provided the city makes findings to demonstrate consistency with constitutional requirements. “Nearby” means uses within 1/4 mile that can reasonably be expected to be used by pedestrians, and uses within 2 miles that can reasonably be expected to be used by bicyclists.

(7) The proposed subdivision is designed and sited such that roads, infrastructure, utilities, and future development of proposed lots will minimize impacts to the natural environment by addressing the following:

(8) On R-1 zoned property, if the subdivision results in a lot greater than 13,500 square feet in size based on EC 9.2761(5)(b), the application shall indicate the location of lot lines and other details of layout that show future division of the lot may be made without violating the requirements of this land use code and without interfering with the orderly extension of adjacent streets, bicycle paths, and accessways. If the planning director deems it necessary for the purpose of future land division, any restriction of buildings within future street, bicycle path, and accessway locations shall be made a matter of record in the tentative plan approval.

(9) As far as is practicable, lot side lines shall run at right angles to the street upon which the lots face, except that on curved streets they shall be radial to the curve.

(10) The proposed subdivision complies with all of the following:

An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.

(11) The proposal complies with the Traffic Impact Analysis Review provisions of EC 9.8650 through 9.8680 where applicable.

(12) For applications intended to implement an approved tentative or final planned unit development for the site:

(13) If the applicant elects to use the expedited land division procedures in EC 9.7900 through EC 9.7925, the application must meet the following additional approval criteria in subparagraphs (a)–(c):

(1) The proposed land uses and densities are consistent with the land use designation(s) shown on the comprehensive plan diagram, as refined in any applicable refinement plan.

(2) The proposed subdivision complies with all of the following, unless specifically exempt from compliance through a code provision applicable to a special area zone or overlay zone:

An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.

(3) The proposed subdivision will not cause any existing improvements on proposed lots to be inconsistent with applicable standards in this land use code.

(4) The proposed subdivision provides pedestrian, bicycle and transit circulation among buildings located within the development site, as well as pedestrian circulation to transit stops and neighborhood activity centers located within 1/4 mile of the development site and bicycle circulation to transit stops, and neighborhood activity centers located within 2 miles of the development site, provided the city makes findings to demonstrate consistency with constitutional requirements. The distance between the development site and a transit stop or neighborhood activity center shall be determined using the shortest distance as measured in a straight line between a point along the perimeter of the development site and:

(5) For areas not included on the city’s acknowledged Goal 5 inventory, the subdivision will preserve existing natural resources by compliance with the provisions of EC 9.6880 through EC 9.6885 Tree Preservation and Removal Standards.

(6) On R-1 zoned property, if the subdivision results in a lot greater than 13,500 square feet in size based on EC 9.2761(5)(b), the application shall indicate the location of lot lines and other details of layout that show future division may be made without violating the requirements of this land use code and without interfering with the orderly extension of adjacent streets, bicycle paths, and accessways. Any restriction of buildings within future street, bicycle path, and accessway locations shall be made a matter of record in the tentative plan approval.

(7) The subdivision complies with development standards explicitly addressed in the application or is granted adjustments thereto pursuant to the provisions beginning at EC 9.8015 of this land use code.

(8) Where all or a portion of a development site is within the South Hills Study and above 700 feet in elevation, the proposed development shall have received initial approval through the Planned Unit Development process. Where all or a portion of the development site is within the South Hills Study and is between 500 feet and 701 feet, and the development site is at least 4 acres with areas of the development site containing slopes that exceed 20%, the proposal shall have received initial approval through the Planned Unit Development process.

(9) If the applicant elects to use the expedited land division procedures in EC 9.7900 through EC 9.7925, the application must meet the following additional approval criteria in subparagraphs (a)–(c):

(1) Be signed by the owner of the property.

(2) Contain a proposed final plat stamped and signed by an Oregon licensed land surveyor, complying with state and local platting and surveying requirements.

(3) Contain documentation addressing all conditions of tentative plat approval and state and local platting requirements.

(1) Streets, roads, and alleys for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation.

(2) Public improvements as required by this land use code or as a condition of tentative plan approval have been completed, or:

(3) Conservation areas, including natural resource buffers and tree preservation areas, have been designated as required by this land use code or as a condition of tentative approval; and a performance bond, or suitable substitute as agreed upon by the city has been filed with the city finance officer in an amount sufficient to assure the implementation of any natural resource protection or restoration requirements of the tentative subdivision approval.

(4) Public assessments, liens, and fees with respect to the subdivision have been paid, or a guarantee acceptable to the city manager has been provided assuring the liens, assessments, and fees will be paid prior to recordation.

(5) All conditions of tentative approval have been met and the final plat substantially conforms with the provisions of the approved tentative plan.

(6) The city surveyor has approved the final plat for compliance with applicable platting requirements in accordance with state law.

(1) Conservation Land Divisions. Conservation land divisions are intended to facilitate the sale or donation of valuable natural resource areas to public or non-profit agencies for long-term protection and management by dividing conservation areas and remaining areas into separate parcels.

(2) Platting Standards – Railroads.

(1) The proposed modification is consistent with the conditions of the original approval.

(2) The proposed modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties.

(1) A written communication is submitted to the city from a physician, therapist, or other professional counselor establishing that the person on whose behalf the temporary manufactured dwelling hardship permit is sought is suffering either a physical or mental impairment, infirmity, or is otherwise disabled and must be near a designated care giver in order to receive adequate care.

(2) The lot on which the temporary manufactured dwelling would be placed must be zoned R-1.

(3) The temporary manufactured dwelling is limited to a single-wide manufactured dwelling with no more than two bedrooms.

(4) The temporary manufactured dwelling must be set back a minimum of 10 feet from the primary dwelling and all interior property lines.

(5) The temporary manufactured dwelling must be located to the rear of the primary dwelling unit (except on corner lots).

(6) A pedestrian and vehicular access drive to the temporary manufactured dwelling (capable of supporting the weight of emergency vehicles) shall be maintained for the purposes of emergency access and future removal of the manufactured dwelling.

(7) The placement of the temporary manufactured dwelling shall not require a permanent foundation, filling, or grading.

(8) The temporary manufactured dwelling must be screened from abutting properties with a 75 percent opaque site-obscuring fence, wall, or vegetation 6 feet in height. This requirement can be met by existing or new materials.

(9) The temporary manufactured dwelling must be equipped with skirting that in design, color, and texture appears to be an integral part of the adjacent exterior wall of the manufactured dwelling.

(10) The temporary manufactured dwelling must be connected to an on-site sewer system serving an existing dwelling on the same lot.

(11) Construction and installation of plumbing, gas, piping, electrical equipment, wiring, tie-downs, over-the-top ties, and skirting must comply with all applicable federal, state and local rules and regulations.

(12) Temporary manufactured dwellings must comply with the solar access setback standards with respect to structures on adjacent lots.

(13) The temporary manufactured dwelling must comply with all applicable federal, state, and local special flood hazard area rules and regulations.

(14) Within 60 days of the date that the hardship for which a temporary manufactured dwelling hardship permit has been issued ceases, the temporary manufactured dwelling must be disconnected from the sewer system and all utilities, and removed from the lot.

(15) The temporary manufactured dwelling must be a manufactured home or a mobile home as defined in section 9.0500.

(1) The development will generate 100 or more vehicle trips during any peak hour as determined by using the most recent edition of the Institute of Transportation Engineer’s Trip Generation. In developments involving a land division, the peak hour trips shall be calculated based on the likely development that will occur on all lots resulting from the land division.

(2) The increased traffic resulting from the development will contribute to traffic problems in the area based on current accident rates, traffic volumes or speeds that warrant action under the city’s traffic calming program, and identified locations where pedestrian and/or bicyclist safety is a concern by the city that is documented.

(3) The city has performed or reviewed traffic engineering analyses that indicate approval of the development will result in levels of service of the roadway system in the vicinity of the development that do not meet adopted level of service standards.

(4) For development sites that abut a street in the jurisdiction of Lane County, a Traffic Impact Analysis Review is required if the proposed development will generate or receive traffic by vehicles of heavy weight in their daily operations.

(1) Traffic control devices and public or private improvements as necessary to achieve the purposes listed in this section will be implemented. These improvements may include, but are not limited to, street and intersection improvements, sidewalks, bike lanes, traffic control signs and signals, parking regulation, driveway location, and street lighting.

(2) Public improvements shall be designed and constructed to the standards specified in EC 9.6505 Improvements – Specifications. The requirement of improvements based on a traffic impact analysis does not negate the ability of the city traffic engineer to require improvements by other means specified in this code or rules or regulations adopted thereunder.

(3) In addition to the above criteria, if the Traffic Impact Analysis Review was required based on EC 9.8670(4), the improvements shall also address the structural capacity of the street in the County’s jurisdiction and address identified structural deficiencies, or reduction in the useful life of existing street structures related to the proposed development. Improvements may be needed to eliminate the identified structural deficiencies and to accommodate vehicle impacts to structures.

(4) In addition to the above criteria, if the development is located within the S-WS Walnut Station Special Area Zone, any increased traffic the development would generate on streets within the Fairmount neighborhood to the south of the Walnut Station Special Area Zone shall be mitigated through the use of traffic calming strategies or other mechanisms designed to discourage such traffic.

(1) The vacation process applies to recorded undeveloped subdivision and partition plats and to public ways and public easements under the jurisdiction of the city.

(2) The city’s vacation process does not apply to lands over which Lane County or the state have jurisdiction such as unannexed plats or public ways within the Urban Growth Boundary, or county roads and state highways within the corporate limits of the city where jurisdiction has not been transferred to the city.

(3) Vacation of public ways and public easements may be applied for by private citizens, public agencies, or the city council in accordance with EC 9.7000 through 9.7925 Application Procedures.

(1) Vacation of unimproved public easements shall be considered in accordance with the Type I Application Procedures contained in EC 9.7000 through 9.7925 and the approval criteria contained in EC 9.8715. In the case of public utility easements, statements of concurrence with the vacation from affected utility providers must be submitted with the application.

(2) Vacation of improved public easements, unimproved public right-of-way, and vacation and rededication of unimproved public rights-of-way, except improved public easements and public right-of-way located within undeveloped subdivision or partition plats, shall be considered in accordance with the Type II Application Procedures contained in EC 9.7000 through 9.7925 and the approval criteria contained in EC 9.8720. In the case of public utility easements, letters of concurrence to the vacation from affected utility providers must be submitted with the application.

(3) Vacation of any public way acquired with public funds, vacation of improved public right-of-way, and vacation of undeveloped subdivision and partition plats, or parts thereof, including public right-of-way and improved public easements located therein, shall be considered and decided upon by the city council in accordance with the procedures contained in EC 9.7445 through 9.7455 and the approval criteria contained in EC 9.8725.

(4) All applications shall be accompanied by the application fee established by the city manager pursuant to Chapter 2 of this code, and an additional amount sufficient to pay the expenses related to publication of the vacation notice.

(5) In addition to payment of the application and publication fees referenced in subsection (4) above, a vacation of improved or unimproved public right-of-way, any public way acquired with public funds, or any undeveloped subdivision or partition plat, or portions thereof, shall require the payment by the applicant of a deposit equal to the assessment of special benefit that results from the vacation and disposition of property to the benefitted property owners.

(6) For vacations of improved or unimproved right-of-way, the application must include the required consent from surrounding property owners as set forth in ORS 271.080(2).

(7) For vacations of unimproved public easements and improved public easements, the application must include the signatures of all property owners and owners of property adjacent to the easement being vacated.

(1) The subject area is not presently or in the future needed for public services, facilities, or utilities, and the vacation does not prevent the extension of, or the retention of public services, facilities, or utilities; or if needed, the applicant shall provide for the replacement and abandonment of any existing public services, facilities or utilities in the subject area.

(2) Such public services, facilities, or utilities can be extended in an orderly and efficient manner in an alternate location.

(1) The subject area is not presently or in the future needed for public services, facilities, or utilities, and the vacation does not prevent the extension of, or the retention of public services, facilities, or utilities; or if needed, the applicant shall provide for the replacement and abandonment of any existing public services, facilities, or utilities in the subject area.

(2) Such public services, facilities, or utilities can be extended in an orderly and efficient manner in an alternate location.

(3) The vacation does not impede the future best use of the remainder of the property under the same ownership or any adjoining land; or adversely affect the development of the remainder land, or any adjoining land, or access thereto; and the vacation does not conflict with provisions of this land use code including the street connectivity standards and block lengths.

(4) Payment of the special benefit assessment(s) resulting from the vacation of unimproved right-of-way required by EC 9.8710(5)(a), have been made to the city.

(1) EC 9.2000 to 9.3980 for the following:

(2) EC 9.6410 Motor Vehicle Parking Standards.

(3) EC 9.6600 to 9.6680 Sign Standards.

(4) EC 9.6745 Setbacks – Intrusions Permitted.

(1) A strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or undue physical hardship due to at least one of the following conditions:

Economic considerations do not constitute grounds for granting a variance.

(2) There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone.

(3) The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(4) In addition to the above criteria, the following 3 criteria apply to variances from code sections that apply to EC 9.6410 Motor Vehicle Parking Standards, and from EC 9.2000 to 9.3980 base zone regulations as applied to fences and walls.

(5) In addition to the criteria set forth in subsections (2), (3) and ((4) of this section, the following criterion applies to variances from the provisions of EC 9.6600 to 9.6680 Sign Standards:

(1) Review of intensification of uses, changes in use, and developments proposed within the boundaries of the Willamette River Greenway.

(2) Imposition of conditions of approval as necessary to carry out the purpose and intent of the Willamette River Greenway

(1) Willamette River Greenway Permit applications shall be considered in accordance with the Type III application procedures contained in EC 9.7300 through EC 9.7340 Application Procedures unless considered concurrently with a Type IV or Type V application.

(2) If the intensification of use, change in use, or development that triggers the requirement for a Willamette River Greenway Permit includes or proposes housing, the written statement submitted with the Willamette River Greenway Permit application shall clearly state whether the applicant is electing to proceed under the Clear and Objective approval criteria in EC 9.8812, or whether the applicant is electing to proceed under the General approval criteria in EC 9.8815.

(3) No development permit shall be issued by the city when a Willamette River Greenway Permit is required for a proposed development until the Willamette River Greenway Permit has been approved and becomes effective. Development permits shall be consistent with the terms and conditions of that Willamette River Greenway Permit.

(1) The Willamette River Greenway Setback is established to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette River Greenway.

(2) The Willamette River Greenway Setback is only applicable to a Willamette River Greenway Permit Application when the applicant elects to proceed under the Clear and Objective approval criteria in EC 9.8812.

(3) The location of the Willamette River Greenway Setback is established by the Willamette River Greenway Setback Map adopted as Exhibit A-1 to Ordinance No. 20693.

(4) No structures, other than the structures listed in subsection (5) of this section may be built within the Willamette River Greenway Setback.

(5) For purposes of review under the Clear and Objective Willamette River Greenway Permit approval criteria in EC 9.8812, the City has determined that pedestrian paths and/or public accessways that are proposed or otherwise required pursuant to EC 9.8812(4) are the only structures within the Willamette River Greenway Setback necessary to support water-related and/or water-dependent uses; therefore, pedestrian paths and/or public accessways that are proposed or otherwise required pursuant to EC 9.8812(4) are the only new structures that may be constructed within the Willamette River Greenway Setback pursuant to a Willamette River Greenway Permit approved under EC 9.8812.

(1) Greenway Setback.

(2) Building Facade. For any new buildings, the maximum length of any building façade located within 100 feet of the Willamette River Greenway Setback is 75 feet.

(3) Landscaping.

(4) Access.

(5) Tree Preservation. Tree preservation is required in accordance with the provisions of EC 9.6885(2), Tree Preservation and Removal Standards.

(1) To the greatest possible degree, the intensification, change of use, or development will provide the maximum possible landscaped area, open space, or vegetation between the activity and the river.

(2) To the greatest possible degree, necessary and adequate public access will be provided to and along the Willamette River by appropriate legal means.

(3) The intensification, change of use, or development will conform with applicable Willamette River Greenway policies as set forth in the Metro Plan.

(4) In areas subject to the Willakenzie Area Plan, the intensification, change of use, or development will conform with that plan’s use management standards.

(5) In areas not covered by subsection (4) of this section, the intensification, change of use, or development shall conform with the following applicable standards:

(6) The proposed development is designed and sited to minimize impacts to the natural environment by addressing the following:

(7) As used in this section, the words "the greatest possible degree" are drawn from Oregon Statewide Planning Goal 15 (F.3.b.) and are intended to require a balancing of factors so that each of the identified Willamette River Greenway criteria is met to the greatest extent possible without precluding the requested use.

(8) When site review approval is required, the proposed development will be consistent with the applicable site review criteria.

(9) The proposal complies with all other applicable development standards for features explicitly included in the application. An approved adjustment to a standard pursuant to provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.

(1) The modification will be consistent with the conditions of the original approval; and

(2) The modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties.

(1) The proposed zone change would apply the /ND Nodal Development Overlay Zone, in which case the zone change shall be processed as described in EC 9.4260.

(2) The proposed zone change involves an annexation request that qualifies for an automatic change in zoning, as provided in EC 9.7810 Changes in Zoning.

(3) The proposed zone change involves a concurrent amendment to a refinement plan, the Envision Eugene Comprehensive Plan or the adoption of a new refinement plan, in which case the zone change shall be processed as a Type IV or Type V application as provided in EC 9.7400 through EC 9.7455 Type IV Application Procedures and EC 9.7500 through 9.7560 Type V Application Procedures.

(4) The proposed zone change involves a concurrent amendment of the Metro Plan, in which case the zone change shall be processed consistent with the Metro Plan Amendment Procedures as provided in EC 9.7700 through 9.7730.

(5) The proposed zone change is processed concurrently with an amendment to this land use code; in which case, the zone change shall be processed as a Type IV or Type V application as provided for in EC 9.7400 through EC 9.7455 Type IV Application Procedures and EC 9.7500 through EC 9.7560 Type V Application Procedures.

(6) The proposed zone change is to remove the /WR Water Resources Conservation Overlay Zone, in which case the zone change shall be processed as described in EC 9.4960.

(7) The proposed zone change is to remove the /WQ Water Quality Overlay Zone, in which case the zone change shall be processed as described in EC 9.4786.

(1) Concurrent Review. Zone change applications may be reviewed concurrently with certain other land use applications, but only as provided in EC 9.8005 Applicability and Effect of Application Requirements, Criteria, and Concurrent Review and in EC 9.8855 Applicability.

(2) Overlay Zones. EC 9.1040 Establishment and List of Overlay Zones establishes overlay zones that supplement the base zone regulations. Changes in zoning can include the designation of an overlay zone in addition to the base zone. While some of these overlay zones have been applied to a specific geographic area through a land use code amendment, other overlay zones are applied on a case by case basis. In these cases, the overlay zone can be applied in response to adopted plan policies or where the use of the overlay zone is necessary to address future development considerations.

(1) The proposed change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist.

(2) The proposed zone change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls.

(3) The uses and density that will be allowed by the proposed zoning in the location of the proposed change can be served through the orderly extension of key urban facilities and services.

(4) The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: