(a) In the C-1 zone, all residential dwelling types are allowed in a building if the ground floor of the structure is used for commercial or non-residential purposes consistent with Table 9.2161. In the C-2 zone, up to two dwellings are allowed in a structure if the ground floor of the structure is used for commercial or non-residential purposes consistent with Table 9.2161. In the C-2 zone, triplexes, fourplexes, and multi-unit dwellings are permitted in accordance with Table 9.2160. Dwellings in the C-1 zone and C-2 zone are subject to the development standards of the applicable zone. The special development standards at EC 9.5550 do not apply to dwellings in a building with non-residential use on the ground floor.

(b) For lots zoned C-1 within the S-JW Jefferson Westside Special Area Zone boundaries as shown on Figure 9.3605, the maximum number of dwellings per lot is specified at EC 9.3625(8) and 9.3626(1), except that middle housing is exempt from the dwelling maximums specified in those sections.

(a) “Premises” means the location of a retail marijuana use described in a license issued by the Oregon Liquor Control Commission pursuant to ORS 475B.105.

(b) “Retail Marijuana Use” means a recreational marijuana retail facility licensed by the Oregon Liquor Control Commission pursuant to ORS 475B.105.

(c) “Within 1,000 Feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of a retail marijuana use to the closest point anywhere on the premises of another retail marijuana use.

(a) Improve the quality and appearance of commercial development in the city.

(b) Ensure that such development is compatible with adjacent development and is complementary to the community as a whole.

(c) Encourage crime prevention through environmental design, decrease opportunity for crime, and increase user perception of safety.

(d) Increase opportunities for use of alternative modes of transportation.

(e) Regulate the intensity of use allowed on a site.

(f) Control the overall scale of commercial buildings.

(g) Promote streetscapes that are consistent with the desired character of the various commercial zones.

(h) Promote safe, attractive, and functional pedestrian circulation systems in commercial areas.

(a) Exceptions to the general height restrictions for commercial structures stated in Table 9.2170 Commercial Zone General Building Height and Setback Standards are contained in:

(b) Subject to the limitations in subsection (a) of this section, in the C-2 or C-3 zones, no portion of a building located within 50 feet of a residential zone shall exceed the maximum building height permitted in the abutting residential zone.

(c) Subject to the limitations in subsection (a) of this section, the maximum permitted building height for main or accessory buildings in the GO zone shall not exceed 35 feet in height within 50 feet of an abutting AG, R-1, or R-2 zone. Otherwise, main and accessory building height maximums shall not exceed 50 feet.

(d) Subject to the limitations in subsections (a) and (b) of this section, the maximum building height for properties in the C-2 zone and located within the city limits of the City of Eugene and within the River Road-Santa Clara Specific Regulation Area as shown on Map 9.2170(3)(d) shall not exceed 65 feet. Also see EC 9.2170(13) for Transition Standards.

(a) Exceptions to the general minimum front and interior yard setback requirements stated in Table 9.2170 Commercial Zone General Building Height and Setback Standards are contained in:

(b) Minimum Front Yard Setbacks. The minimum front yard setbacks stated in Table 9.2170 Commercial Zone General Building Height and Setback Standards, shall apply only to new buildings and any building addition that increases the length of the building facade facing a street, internal accessway, private drive, or shopping street as defined in EC 9.2175(3) by at least 100%. For purposes of this subsection, the front yard setback may be measured from a front lot line abutting a public street or from the edge of the sidewalk furthest from the curb of an internal accessway, private drive, or shopping street. In addition, only the portion of the development site specifically affected by the new building and any linear facade expansion of more than 100% are subject to the requirements of this subsection.

(c) Maximum Front Yard Setbacks. The maximum front yard setbacks stated in Table 9.2170 Commercial Zone General Building Height and Setback Standards, shall apply only to new buildings and any building addition that increases the length of the building facade facing a street, internal accessway, private drive, or shopping street as defined in EC 9.2175(3) by at least 100%. For purposes of this subsection, front yard setback may be measured from a front lot line abutting a public street or from the edge of the sidewalk furthest from the curb of an internal accessway, private drive, or shopping street. In addition, all new buildings and the portion of the development site specifically affected by the new building and any linear facade expansion of more than 100% are subject to the requirements of this subsection. (See Figure 9.2170(4)(c) Maximum Front Yard Setbacks, Building Orientation, and Entrances.)

(d) Where lot lines abut property within a residential zone category, the minimum interior yard setback for any building shall be 10 feet. Within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to this section may be made based on the criteria in EC 9.8030(16).

(e) For lots zoned C-1 within the S-JW Jefferson Westside Special Area Zone boundaries as shown on Figure 9.3605, setbacks from all portions of interior lot lines (as that term is defined for purposes of the S-JW Special Area Zone) shall be at least 10 feet from the interior lot line. In addition, at a point that is 20 feet above grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally (approximately 50 degrees from vertical) away from that lot line.

(f) Adjustments. Except for the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to the minimum and maximum front yard setbacks and landscaping standards in this subsection, except subsection (4)(a), may be made, based on criteria at EC 9.8030(2) Setback Standards Adjustment. Within the Downtown Plan Area, adjustments to the minimum and maximum front yard setbacks in this subsection, except subsection (4)(a), may be made, based on the criteria at EC 9.8030(16).

(a) Minimum Landscape Area Required. In all commercial zones, except C-2 within the Downtown Plan Area as shown on Map 9.2161(6) and C-3, a minimum of 10 percent of the development site shall be landscaped with living plant materials. Within the C-2 zone within the Downtown Plan Area, a minimum of 5 percent of the development site shall be landscaped with living plant materials. No minimum landscaping is required in the C-3 zone, except as required by EC 9.2170(4)(b)1. All required landscaping shall comply with landscape standards beginning at EC 9.6200 Purpose of Landscape Standards. Any required landscaping, such as for required front or interior yard setbacks or off-street parking areas, shall apply toward the development site minimum landscape requirement. The area of exterior landscaping on the roof of a building or exposed terrace may be used to meet the 10% minimum landscaping standard. Up to 50% of the landscape area may be a hard surface for recreational or enhanced pedestrian space.

(b) Minimum Landscape Standard. Unless otherwise specified in this land use code, required landscape areas must, at a minimum, comply with EC 9.6210(1) Basic Landscape Standard (L-1).

(c) Landscaping In Interior Yard Setbacks Abutting Residential Zones. Landscape planting beds within the interior yard setbacks abutting a residential zone shall be a minimum of 7 feet in width and shall comply with EC 9.6210(3) High Screen Landscape Standard (L-3).

(d) Street Trees. Street tree requirements are specified in EC 7.280 Street Tree Program – Policies, Standards, Procedure.

(e) Within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to subsections (a) and (b) may be made based on the criteria in EC 9.8030(16).

(a) Types. The type of fence, wall or screen used in any situation is limited only by specific requirements stated in landscape standards beginning at EC 9.6200 Purpose of Landscape Standards.

(b) Locations and Heights.

(c) Adjustments. Within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to subsections (6)(a) and (6)(b) may be made based on the criteria in EC 9.8030(16).

(a) Except for plants and garden supply products, outdoor merchandise display is not allowed in C-1 and GO zones.

(b) In the C-2 zone, outdoor display of the uses listed in subsection 1. of this subsection, is permitted when in conformance with the standards listed in subsection 2. of this subsection.

(a) Materials within enclosures shall not be visible from streets and adjacent properties.

(b) Required screening shall comply with EC 9.6210(6) Full Screen Fence Landscape Standard (L-6).

(c) Garbage collection areas shall not be located within required setbacks. Trash or recycling receptacles for pedestrians are exempt from these requirements.

(a) Delivery and loading facilities are not permitted in required setback areas.

(b) On lots abutting parcels with a residential zone, delivery and loading facilities shall be set back a minimum of 10 feet from property lines with required interior yard setbacks landscaped to at least the standards in EC 9.6210(4) High Wall Landscape Standard (L-4).

(a) Application. The regulations in (b) through (e) of this subsection apply to the establishment of new drive through facilities, the addition of travel lanes for existing drive-through facilities in existing developments, and the relocation of an existing drive-through facility.

(b) Drive-Through Facilities in C-1 Zone. Drive-through facilities are not permitted in C-1 zones.

(c) Service Areas Setback and Landscaping. Service areas and stacking lanes shall be set back a minimum of 10 feet from all lot lines. Setback areas abutting a street shall be landscaped to at least the standards in EC 9.6210(1) Basic Landscape Standard (L-1). Interior yard setback areas must be landscaped to at least the standards in EC 9.6210(3) High Screen Landscape Standard (L-3).

(d) Driveway Entrances. All driveway entrances, including stacking lane entrances, must be at least 100 feet from an intersection, as measured along the property line from the tangent point of a corner radius and the closest edge of a driveway.

(e) Stacking Lanes. Design of stacking lanes shall conform with the requirements of EC 9.6415 Loading and Drive-Through Design Standards.

(f) Adjustments. Except for lots adjacent to land zoned residentially:

(a) River Road/Santa Clara Transition Standards. The following standards apply to new buildings and to building additions that increase the square footage of floor area by 20 percent or more on property abutting R-1 zoned land. The following standards shall be applicable between the new building or the building addition and any property line abutting land zoned R-1. The proposed development must comply with one of the following options described below.

(b) River Road/Santa Clara Building Walls/Window Coverage.

(c) River Road/Santa Clara Weather Protection. Weather protection features such as canopies, awnings or arcades shall be provided over at least the full width of all building entrances to a depth of at least 3 feet. Alternatively, building entrances may be set back a minimum of 3 feet behind the face of the building. Adjustments to the standards in this subparagraph (c) may be made based on the criteria of EC 9.8030(38).

(a) Improve the appearance and function of large commercial developments in any commercial zone.

(b) Encourage efficient use of land resources and urban services.

(c) Encourage mixed use.

(d) Support transportation options.

(e) Promote detailed, human-scale site and building design.

(a) In addition to the standards of EC 9.2170 Commercial Zone Development Standards – General, except as provided in subsection (b) below, all of the standards in this section apply to any new building with 25,000 square feet or more of floor area in commercial or non-residential use, and the portion of the development site specifically affected by the new building.

(b) The standards in subsections (5), (6), (7), (9) and (11) do not apply with the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map.

(a) All building sides that face an adjacent street shall feature at least one customer entrance. (See Figure 9.2173(3) Large Commercial Facilities – Building Entrances.)

(b) Where a building faces more than two adjacent streets, excluding those with limited access, this requirement shall apply only to two sides of the building.

(c) Corner entrances, placed at an angle of up to 45 degrees from the primary street, as measured from the street lot line, may be substituted for separate entrances required under subsection (b), above. (See Figure 9.2173(3) Large Commercial Facilities – Building Entrances.)

(a) No off-street parking shall be located between the front facade of any new building(s) and the primary adjacent street.

(b) Individual parking areas may be no larger than 55,000 square feet in size. Separation between individual parking areas may be achieved by placement of internal accessways. Such accessways used to separate parking areas shall have at least one travel lane, curbs, and sidewalks at least 8 feet in width on both sides of the access way.

(a) A continuous internal pedestrian walkway, no less than 8 feet in width, shall be provided from the public sidewalks or right-of-way to all customer entrances of all buildings on the development site, and to all public sidewalks and paths abutting the development site.

(b) Sidewalks, no less than 8 feet in width, shall be provided along the full length of building walls featuring a customer entrance, and along any wall abutting public parking areas. Such sidewalks shall be located at least 6 feet from the wall of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.

(c) Sidewalks, no less than 8 feet in width, shall be provided for direct connection to entrances of all new and existing buildings on the development site to one another, except entrances used for loading and unloading freight.

(d) Internal pedestrian walkways provided in conformance with subsection (a) above shall provide weather protection features such as awnings or arcades within 30 feet of all customer entrances.

(e) At least one pedestrian accessway connection, a minimum of 8 feet in width, shall be made to connect the buildings on the subject development site to all adjacent sites either developed or zoned for commercial, office, residential, or institutional use.

(f) All on-site pedestrian walkways located in vehicle use areas shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

(a) Loading docks, outdoor storage, utility meters, mechanical equipment, trash collection, trash compaction, and other service functions shall comply with the standards stated in EC 9.2170 Commercial Zone Development Standards – General.

(b) Outdoor areas for the display and sale of seasonal inventory shall be permanently defined and landscaped as set forth in EC 9.2170(8) Outdoor Merchandise Display.

(a) Exterior building walls shall not continue along an uninterrupted plane for more than 100 feet. An uninterrupted plane is a wall that has no variation in exterior surface along its length. Except for building walls facing an alley, ground floor facades 100 feet or greater in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3 percent of the length of the facade and extending at least 20 percent of the length of the facade. (See Figure 9.2173(10)(a) Large Commercial Facilities-Exterior Wall Articulation.)

(b) Ground floor facades that face streets adjacent to the development site shall have arcades, collonades, display windows, entry areas, awnings, or other such features along no less than 50 percent of their horizontal length. (See Figure 9.2173(10)(b) Large Commercial Facilities-Exterior Facades.)

(c) Except for building walls facing an alley, ground floor walls shall contain windows (as stated below) at the ground level. The windows may extend a maximum sill height of 4 feet above finished grade to any head height. The portion of window area meeting this standard is from the sill (bottom edge) to the head (top edge) including portions up to 9 feet above the finished grade. Alcoves, entryways, and extruding portions of the wall shall be treated by measuring through such areas as though along the flat wall of a building. (See Figure 9.2173(10)(c) Large Commercial Facilities-Ground Floor Window Calculation.) Solid walls are prohibited along street frontages. This standard does not apply to parking structures. For a wall with a loading dock, the wall length referred to in subsection (10)(c)(1), below, shall exclude the wall area affiliated with the loading and unloading of freight.

(a) In addition to the standards in EC 9.2170 Commercial Zone Development Standards – General, and the standards in EC 9.2173 Commercial Zone Development Standards – Large Commercial Facilities the standards in this section apply to all development projects proposing at least 50,000 square feet of floor area within 3 or more new buildings on a development site, and the portion of the development site specifically affected by the new buildings.

(b) Notwithstanding subsection (2)(a) above, the standards in this section do not apply to development projects within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map.

(a) Internal Accessways. Accessways are used to provide separation and circulation between individual parking areas on the site. See EC 9.2173(4)(b). Accessways used to provide separation between parking areas shall have at least one travel lane, curbs, and sidewalks (minimum 8’ in width) on both sides of the accessway.

(b) Private Drive. Private drives are used to provide general circulation around the site and must include the following elements: two travel lanes, sidewalks (minimum 8’ in width) on both side of the streets; street trees with an average spacing of 50’; pedestrian-scale lighting and on-street parking (except in required fire lanes).

(c) Shopping Streets. Shopping streets are part of the general circulation system, are designed to provide a comfortable and pleasant shopping environment for the pedestrian, and may be either public or private streets. Shopping streets must include the following elements: two travel lanes, sidewalks (minimum 12’ in width) on both sides of the street; street trees planted within planting strip and with an average spacing of 50’, pedestrian-scale lighting; curb extensions at intersections and on-street parking. (See Figure 9.2175(3)(c) Shopping Street Standards.)

(a) To insure that large multi-tenant centers include pedestrian-oriented areas, the site plan must include a shopping street designed to accommodate and stimulate pedestrian activity.

(b) Shopping streets blocks shall not exceed 400’ in length.

(c) Buildings shall occupy at least 80% of the frontage on both sides of the shopping street. (See Figure 9.2175(5) Large Multi-Tenant Commercial Facilities.)

(a) All buildings on the site must be oriented to either a public street, a private drive, or a shopping street. The building orientation standard is met when the building is placed within the maximum setback established for the zone. The maximum setback may be exceeded if the area between the building and the street or private drive is landscaped or is an enhanced pedestrian space. (See Figure 9.2175(3)(c) Shopping Street Standards.)

(b) Private drives used to meet building orientation standards must incorporate street design elements described in EC 9.2175(3)(b). When private drives are used, the setback is measured from the back of the sidewalk.

(c) On all buildings that meet the building orientation standard, building entries must be in compliance with EC 9.2173(3)(b). (See Figure 9.2175(5) Large Multi-Tenant Commercial Facilities.)

(a) Each development site subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing a space where at least two of the following: patio-seating area, pedestrian plaza with benches, covered playground area, kiosk area, water feature, clock tower or other similar focal feature or amenity. Any such area shall have direct access to the public sidewalk network and be placed in a visible location that is convenient for use as a public gathering area.

(b) The review authority may find compliance with this standard if the proposed pedestrian amenities and community spaces are incorporated as part of the shopping street. Examples include wider sidewalks, special paving, ornamental lighting, planters, public benches and seating walls, and public art. (See Figure 9.2175(5) Large Multi-Tenant Commercial Facilities.)

(a) Property has frontage on an arterial street.

(b) Contiguous to parcels currently zoned E-2 or C-2 Community Commercial.

(a) Access to arterial streets without undue negative impact on residential streets.

(b) No more than 5 acres.

(c) Sufficient street frontage to accommodate structures and access in character with adjacent non-industrial properties.

(a) Unit shall not be located between the primary structure and the front property line, unless development in existence as of June 23, 2014 precludes compliance.

(b) Unit shall be generally sited behind the primary structure except where development in existence as of June 23, 2014 precludes compliance.

(a) In the E-1 Campus Employment zone, the uses can comprise up to 20 percent of the total square footage of the primary use on a development site. No single “Specialty Retail” establishment shall exceed 5,000 square feet.

(b) In the I-2 Light Industrial zone, the uses can comprise up to 5,000 square feet on development sites with frontage on an arterial street.

(a) “Premises” means the location of a retail marijuana use described in a license issued by the Oregon Liquor Control Commission pursuant to ORS 475B.105.

(b) “Retail Marijuana Use” means a recreational marijuana retail facility licensed by the Oregon Liquor Control Commission pursuant to ORS 475B.105.

(c) “Within 1,000 Feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of a retail marijuana use to the closest point anywhere on the premises of another retail marijuana use.

(a) Improve the quality and appearance of business and industrial development in the city.

(b) Ensure that such development is compatible with adjacent development and is complementary to the community as a whole.

(c) Encourage crime prevention through environmental design, decrease opportunity for crime, and increase user perception of safety.

(d) Increase opportunities for use of alternative modes of transportation.

(e) Regulate the intensity of uses allowed on a site.

(f) Promote streetscapes that are consistent with the desired character of the various employment and industrial zones.

(g) Promote safe, attractive, and functional pedestrian circulation systems in employment and industrial areas with higher employment ratios.

(a) EC 9.6715 Height Limitation Areas;

(b) EC 9.6720 Height Exceptions for Roof Structures and Architectural Features; and

(c) Subject to the limitations in (a) and (b) of this subsection, in the E-1 and E-2 zones, no portion of a building located within 50 feet of a residential zone shall exceed the maximum building height permitted in the abutting residential zone.

(a) EC 9.6745 Setbacks – Intrusions Permitted.

(b) EC 9.6750 Special Setback Standards.

(a) Minimum Landscape Area Required.

(b) Landscaping in Front Yard Setbacks.

(c) Landscaping in Interior Yard Setbacks Abutting Residential Zones.

(d) Street Trees. Street tree requirements are specified in EC 7.280 Street Tree Program – Policies, Standards, Procedures.

(a) In the E-2 zone, a minimum of 25% of all street facing facades must be built within the specified front yard setback.

(b) In the E-2 zone, vehicular parking and circulation is not permitted between the street and the portion of the building that is used to comply with this subsection.

(c) In the E-1 and E-2 zones, buildings fronting on a street must provide a main entrance facing the street on the facade of the building located within the specified front yard setback.

(d) The requirements of (a) through (c) do not apply to developments in the I-2 and I-3 zones.

(a) Types. The type of fence, wall, or screen used in any situation is limited only by specific requirements stated in the landscape standards beginning at EC 9.6200 Purpose of Landscape Standards. The standards apply to walls, fences, and screens of all types including open, solid, wood, metal, wire, masonry or other material. Use of barbed wire and electric fencing is regulated in EC 6.010(d) Fences. Chain link fencing is prohibited within E-1.

(b) Location and Heights.

(a) Front Setback. Outdoor storage is not permitted in required setback areas. Additionally, outdoor storage shall be located no closer to the front property line than the front façade of the main building on the development site.

(b) Residential Adjacency. Except for passenger vehicular fleet parking, outdoor storage is not permitted on lots abutting residential zones.

(c) Height Limit. Outdoor storage materials shall not be stored at levels that exceed 30 feet from grade.

(a) Required screening shall comply with one of the following:

(b) Garbage collection areas shall not be located within required setback areas or within required landscape areas associated with parking areas.

(a) Application. The following regulations apply to all uses that have drive-through facilities including new developments, the addition of drive-through facilities in existing developments, and the relocation of an existing drive-through facility.

(b) Drive-Through Facilities in E-1, I-2, or I-3. Drive-through facilities for eating and drinking establishments are not permitted in E-1. Drive-through facilities are not permitted in I-2 or I-3.

(c) Service Areas Setback and Landscaping. Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines. Front yard setbacks shall be provided with landscaping that complies, at a minimum, with the standards in EC 9.6210(2) Low Screen Landscape Standard (L-2). Interior yard setbacks shall be provided with landscaping that complies, at a minimum, with the standards in EC 9.6210(3) High Screen Landscape Standard (L-3).

(d) Driveway Entrances. All driveway entrances, including stacking lane entrances, must be at least 100 feet from an intersection, as measured along the property line from the tangent point of a corner radius and the closest edge of a driveway.

(e) Pedestrian Access and Drive Aisles. In E-1 and E-2, direct pedestrian access shall be provided from the public right of way to the primary entrance. Drive aisles for vehicular circulation are not permitted between the street and primary entrance.

(f) Stacking Lanes. Design of stacking lanes shall conform with the requirements of EC 9.6420 Parking Area Standards.

(g) Adjustments. Adjustments to the standards stated in this subsection may be made based on criteria at EC 9.8030(2)(c) Setback Standards Adjustment.

(a) Delivery and loading areas are not permitted in required setback areas.

(b) On lots abutting parcels zoned for residential development, delivery and loading facilities shall be setback a minimum of 20 feet from property lines with required setbacks landscaped to at least the standards in EC 9.6210(4) High Wall Landscape Standard (L-4).

(a) Improve the appearance and function of large employment developments, while maintaining compatibility with adjacent property.

(b) Create an attractive streetscape with a strong building presence on existing and future streets.

(c) Support all modes of transportation and improve pedestrian safety, comfort, and convenience.

(d) Promote human-scale site and building design with attention paid to visual detail.

(a) All building sides that face an adjacent street shall feature at least one customer entrance. (For examples, see Figure 9.2173(3))

(b) Where a building faces more than two adjacent streets, excluding those with limited access, this requirement shall apply only to two sides of the building.

(c) Corner entrances, placed at an angle of up to 45 degrees from the primary street, as measured from the street lot line, may be substituted for separate entrances required under subsection (b), above. (For examples, see Figure 9.2173(3))

(a) In the E-1 Campus Employment zone, a drive aisle and single row of parking may be located between the front façade and the primary adjacent street. Vehicle use area is subject to front setbacks.

(a) A continuous internal pedestrian walkway, no less than 5 feet in width, shall be provided from the public sidewalks or right-of-way to all customer entrances of all buildings on the development site, and to all public sidewalks and paths abutting the development site.

(b) Sidewalks, no less than 5 feet in width, shall be provided along the full length of building walls and shall be located at least 6 feet from the wall of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.

(c) All on-site pedestrian walkways located in vehicle use areas shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

(a) Exterior building walls shall not continue along an uninterrupted plane for more than 100 feet. An uninterrupted plane is a wall that has no variation in exterior surface along its length. Except for building walls facing an alley, ground floor facades 100 feet or greater in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3 percent of the length of the facade and extending at least 20 percent of the length of the facade. (For examples, see Figure 9.2173(10)(a).)

(b) Except for building walls facing an alley, ground floor walls shall contain windows at the ground level. Solid walls are prohibited along street frontages. This standard does not apply to parking structures or the portion of a wall on which a loading dock is located.

(a) Recognized as a locally outstanding natural resource area in an adopted plan; or

(b) Less than 5 acres in size and providing habitat for a federally listed rare, threatened, or endangered plant or animal species; or

(c) Less than 5 acres in size and serving at least 2 of the natural functions and values listed in EC 9.2500 Purpose of NR Natural Resource Zone.

(a) Removal of refuse or any fill that is in violation of local, state or federal regulations. Removal of fill must be consistent with State of Oregon Removal-Fill regulations.

(b) Removal of non-native or invasive plant species included on a list approved by the planning director and kept on file at the city.

(c) Planting or replanting with native plants included on a list approved by the planning director and kept on file at the city.

(d) Site management and maintenance practices that maintain or improve natural functions and values or protect public health and safety, consistent with adopted plans and polices. When deemed necessary by the planning director in order to protect human health or safety or to prevent a nuisance, this includes, but is not limited to, removal of vegetation by non-chemical means within a strip not to exceed 15 feet in width where a property zoned NR abuts private property in any other zone.

(e) Wetland and natural area restoration and enhancement of natural functions and values, that involve displacement, excavation or relocation of 50 cubic yards or less of earth, and which carry out the purpose of this zone, and are consistent with adopted plans and policies.

(f) Channel maintenance to maintain stormwater conveyance and flood control capacity as required by local policies, state and federal regulations, or intergovernmental agreements.

(g) Maintenance activities designated as utility corridors identified in the West Eugene Wetlands Plan or other adopted plan.

(a) Nature interpretive centers and wetland research facilities, when such centers or facilities are specified in or consistent with adopted plans or policies.

(b) Maintenance facilities for storage of equipment and materials used exclusively for maintenance of wetlands and other natural resource areas.

(a) Construction of trails, boardwalks, viewing platforms, interpretive information kiosks and trail signs. Subject to EC 9.2530 Natural Resource Zone Development Standards (9) through (13) and (15) through (16).

(b) Restoration and enhancement of natural functions and values that involve displacement, excavation or relocation of more than 50 cubic yards of earth and carry out the objectives of this zone, including, but not limited to, realignment and reconfiguration of channels and pond banks. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9).

(c) Construction of stormwater quality treatment facilities that use biofiltration methods, such as shallow grassy swales, constructed wetlands, and sedimentation ponds, and do not include adding impervious surfaces. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9). As used in this subsection:

(d) Construction of access roads for maintenance of channels, wetlands and other natural resource areas. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (6), (8), (9), and (14).

(e) Bikeways and other paved pathways. Subject to EC 9.2530 Natural Resource Zone Development Standards (2), (5), (6), (8), (9), and (14) through (17).

(a) Storage of chemical herbicides, pesticides or fertilizers or other hazardous or toxic materials.

(b) Depositing or dumping any material imported from off-site, except for soils or soil amendments used for replanting in accordance with provisions of the NR zone.

(c) Construction of new septic drainfields.

(d) Channelizing or straightening natural drainageways.

(e) Off-road operation of vehicles, except for those employed in site restoration or site maintenance practices during the dry season and bicycles when used on designated trails.

(f) Removal or destruction of rare, threatened or endangered plant species unless a recovery plan is submitted by the applicant and approved by the planning director, following review by the Oregon Department of Agriculture and the U.S. Fish and Wildlife Service.

(g) Filling, grading, excavating, deposition of soils imported from off-site, and application of chemical herbicides, pesticides and fertilizers are prohibited unless they:

(a) Plantings shall be conducted on reduced buffers in conformance with the vegetation removal and planting and replanting standards set forth below and the following:

(b) All refuse, toxic materials and any fill that detracts from the function of the buffer shall be removed.

(c) Where practicable, finished grades shall encourage sheet flow of stormwater runoff across buffer areas to maximize filtering and infiltration of stormwater runoff within buffer areas.

(d) On sites where the slope within the wetland buffer area exceeds 15 percent, measures (e.g., planting and contouring) shall be taken to slow the flow of stormwater runoff to the maximum extent practicable.

(e) Non-native plants shall be removed to the maximum extent practicable and replaced with native species.

(f) Buffer enhancement work shall be completed prior to or concurrent with other site development, unless appropriate native species are not available within that time frame.

(a) Vegetation removal is limited to removal of:

(b) For areas not included on the city’s acknowledged Goal 5 inventory, removal of vegetation shall be the minimum necessary for the proposed use and shall avoid removal of native vegetation to the extent practicable. For areas included on the city’s acknowledged Goal 5 inventory, removal of vegetation shall be the minimum area of native vegetation necessary for approved uses or conditional uses or uses allowed by an exception as specified in sections 9.4760 and 9.4850.

(c) Clearing of more than 0.1 contiguous acre of vegetation on slopes greater than 5 percent must be either:

(d) Clearing of vegetation that is not in preparation for development must be followed by replanting in accordance with the requirements of this section.

(e) Removal or destruction of rare, threatened or endangered plant species is restricted (see prohibited practices provisions of the NR zone, /WB Wetland Buffer overlay zone and /WP Waterside Protection overlay zone.)

(f) For areas not included on the city’s acknowledged Goal 5 inventory, the provisions of EC 6.815 Obnoxious Vegetation – Definitions, Prohibitions, Abatement through EC 6.845 Obnoxious Vegetation – Enforcement and Discharge of Duties do not apply to the provisions of this section, with regard to the removal of vegetation and mowing.

(a) Replanting of areas cleared of existing vegetation must be completed within 90 days following the removal or clearing, unless otherwise approved by the planning director or decision-maker.

(b) Planting and replanting with seed shall be timed so that germination occurs prior to November 15, unless the germination requirements of the seed require otherwise, in which case germination shall be accomplished at the earliest date practicable.

(c) Planting and replanting shall be done with native species from a list approved by the planning director and kept on file at the city.

(a) Runoff from impervious areas on the site that accommodate motorized vehicle traffic or machinery may only be discharged into areas with the /WB or /WP overlay zone, or protected wetlands or waterways, which includes those designated for protection in a locally adopted plan, if runoff is treated to improve water quality prior to discharge by removing pollutants washed from impervious surfaces. Treatment may include infiltration devices, grassy swales, treatment ponds, or other methods. The type of treatment and degree of water quality improvement provided shall be approved by the city manager or decision-maker.

(b) Runoff from impervious areas used for repair, cleaning, refueling or servicing of vehicles or machinery may only be discharged into areas with the /WB or /WP overlay zone, or protected wetlands or waterways, which includes those designated for protection in a locally adopted plan, if runoff is treated on site to remove oil, grease and other environmentally hazardous chemicals to the maximum extent practicable prior to discharge. The type of treatment and degree of water quality improvement shall be approved by the city manager or decision-maker.

(c) To the maximum extent practicable, new development shall utilize measures to limit post-construction runoff rate, timing and volume for 2, 5, and 10 year storm events to pre-development levels for discharges into areas with the /WB or /WP overlay zone, or protected wetlands or waterways, which includes those designated for protection in a locally adopted plan. These measures may include on-site detention or retention ponds, infiltration areas or other measures approved by the city manager or decision-maker.

(d) Porous paving treatments or other infiltration devices approved by the planning director or decision-maker shall be used where practicable. As used herein, the term "porous paving" refers to recognized systems utilizing paving blocks (e.g., "grasscrete"). For the purposes of this provision, gravel surfaces are not acceptable.

(a) Impervious surfaces are prohibited unless they are part of a permitted use or approved conditional use.

(b) Impervious surfaces that are part of a permitted use or approved conditional use shall be no larger than the minimum necessary for the proposed use and shall be located as far from wetlands and water features as practicable.

(a) Within the NR zone and areas with the /WB overlay zone, construction or other use of heavy machinery is prohibited or restricted as described in this subsection. Use of heavy machinery is prohibited:

For purposes of this subsection, heavy machinery is defined as motorized or mechanized machinery or equipment capable of deliberately or inadvertently damaging vegetation, compacting soil, moving earth or causing excessive noise or heavy vibrations through its use.

(b) Stockpiles or storage of wood or building materials or machinery are prohibited within wetland boundaries, areas with the /WB and /WP overlay zones.

(c) Petroleum products, chemicals, sediment, eroded soil or other deleterious materials used in the construction process shall not be allowed to enter the water or wetland during construction.

(d) Use of heavy equipment or machinery shall be the minimum necessary for the use or activity and shall be restricted to those areas where its use is necessary.

(a) Within the NR zone and within areas with the /WB overlay zone, all finished structures shall be in natural earth tone colors, unless otherwise required by local, state or federal law or regulation.

(b) Within areas with the /WP overlay zone, all finished structures or building facades that face a class A or B stream or pond shall be in natural earth tone colors, unless otherwise required by local, state or federal law or regulation.

(a) Crossings shall utilize bridges or natural substrate culverts where possible.

(b) Culverts shall not substantially increase or decrease water depth or flow rate conditions.

(c) Bridges and culverts shall be constructed so that there is at least 3 feet of clearance between the ordinary high water mark and the underside of the bridge or culvert.

(d) The lower lip of any culvert shall meet the stream or channel bed at grade.

(e) Culverts shall be the minimum length practicable.

(a) Maximum sound emissions shall not exceed equivalent sound pressure levels in decibels, A-Weighted Scale, for any one hour as stipulated in subsection (b) of this section. Equivalent sound pressure level (Leq) is a measure of the sound level for any one hour. It is the energy average of all the various sounds emitted from the source during the hour. A-Weighted Scale is used to adjust sound measurements to simulate the sensitivity of the human ear.

(b) Maximum one-hour equivalent sound pressure levels:

(c) Noises of short duration. For noises of short duration or impulsive character, such as hammering, maximum one-hour sound pressure levels permitted beyond the property of origin shall be seven decibels less than those listed in subsection (b).

(d) Noises of unusual periodic character. For noises of unusual periodic character, such as humming, screeching, and pure tones, the following median octave band sound pressure levels, as required by the Department of Environmental Quality, shall not be exceeded beyond the property of origin when the receiving property is in the NR zone:

(e) Exemptions. Local noise standards set forth in this section do not apply to the following situations:

(f) Exceptions. Upon written application from the owner or operator of an employment and industrial or commercial noise source, the city manager or the manager’s designee may authorize or conditionally authorize exceptions to local noise emission standards in the following situations:

Exception applications shall be filed at the city’s permit and information center on a form prescribed by the city manager, and shall be accompanied by a fee as established by the city manager pursuant to EC 2.020 City Manager – Authority to Set Fees and Charges.