(a) Is identified in the comprehensive plan or a refinement plan as appropriate for nodal development or for a special range of uses or development that can best be achieved with the use of a special area zone; or

(b) Possesses distinctive buildings or natural features that require special consideration to ensure appropriate development, preservation, or rehabilitation. In order to be considered distinctive, it must be demonstrated that:

(a) Lot Size Minimums for Flag Lots. In lieu of any conflicting provisions in EC 9.2750 to 9.2777 for flag lots in the R-1 zone, the following standards apply for flag lots in the S-C/R-1 subarea:

In calculating the lot area, only the flag portion of the lot (exclusive of the pole) is counted.

(b) Detached Accessory Dwellings. In lieu of conflicting provisions in EC 9.2750 to 9.2777 for accessory dwellings in the R-1 zone, in the S-C/R-1 subarea:

(c) Alley Open Space. In lieu of conflicting provisions in this code regulating alley open space, the following standards apply to all development in the S-C/R-1 subarea having a residential building that is accessed from an alley:

(a) Density Standards. In lieu of the density standards for the R-2 zone in Table 9.2750 and EC 9.2750(1), there is no minimum density requirement regardless of lot size, and the following maximum density standards apply:

(b) Building Setbacks. In lieu of the setback standards for the R-2 zone in Table 9.2750 and EC 9.2751, the following setback requirements apply:

(c) Building Height. In lieu of the building height standards for the R-2 zone in Table 9.2750 and EC 9.2751, the following apply:

(d) Residential Building Standards. In lieu of conflicting development standards in this code for residential buildings within the R-2 zone, residential buildings shall comply with the following standards:

(e) Garage and Accessory Buildings Standards. In lieu of conflicting standards in this code applicable to garage and accessory buildings within the R-2 zone, the following standards apply:

(f) Driveway Standards. In lieu of conflicting standards in this code applicable to driveway and curb cut requirements within the R-2 zone, the following standards apply:

(g) Alley Open Space. In lieu of conflicting provisions in this code regulating alley open space, the following standards apply to all development in the S-C/R-2 subarea having a residential building that is accessed from an alley:

(h) Lot Standards. In lieu of conflicting lot standards for the R-2 zone in Table 9.2760 and EC 9.2761 Special Standards for Table 9.2760, the following minimum standards apply to all new lots created after December 12, 2005 or requests for property line adjustments to existing lots that are submitted after that date:

(i) Adjacent Lot Development. Developments that span 2 or more adjacent lots must meet standards for each individual lot (e.g. density, setbacks, etc.).

(j) Vehicle Use Area. The total vehicle use area shall not exceed 20 percent of the lot size.

(k) Accessory Dwellings. The development standards in subsections (b) through (j), above do not apply to accessory dwellings in the S-C/R-2 subarea. The development standards applicable to accessory dwellings in the S-C/R-2 subarea shall be those set out in EC 9.2751(17)(c) and the General Standards for all Development in EC 9.6000 through 9.6885.

(a) Street Facades. Ground floor facades that are 15 feet or closer to the front property line shall have windows, arcades, colonnades, display windows, entry areas, awnings, canopies or other similar features along no less than 50% of their horizontal length.

(b) Height Limitation. No portion of a building located within 50 feet of a residential zone shall exceed the maximum height in that residential zone’s or overlay zone’s accessory building height limit.

(a) Improve the quality and appearance of 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) Promote streetscapes that are consistent with the desired character of the various residential and commercial zones.

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

(a) The primary entrance shall be oriented towards Garden Way.

(b) Each non-residential use shall be limited to a total of 2,500 square feet of floor area.

(c) Maximum front yard setback shall be no greater than 20 feet.

(d) For new and completely rebuilt buildings, no off-street parking shall be located between the front facade of any building and Garden Way.

(e) In new developments, and developments with completely rebuilt buildings, 60% of the site frontage abutting Garden Way shall be occupied by a building within the maximum setback or by an enhanced pedestrian space. No more than 20% of the 60% may be an enhanced pedestrian space.

(f) Building Entrances:

(g) Ground floor walls shall contain windows across a minimum of 50 percent of the length of the street-facing wall of the building. Windows shall have sills at 30 inches or less above grade.

(h) Except as provided for rowhouses, minimum residential density of 20 units per net acre shall still be met.

(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) Car washes.

(b) Parts stores.

(c) Recreational vehicle and heavy truck, sales/rental/service.

(d) Motor vehicle and motorcycle sales/rental/service.

(e) Service stations, includes quick servicing and automobile repair.

(f) Tires, sales/service.

(g) Transit park and ride, major or minor, except under a shared parking arrangement with another permitted use.

(h) Parking areas, where the entire lot is exclusively used for parking and does not provide shared parking for more than one development site.

(i) Drive-through facilities.

(a) Agricultural machinery rental/sales/service.

(b) Boats and watercraft sales and service.

(c) Equipment, heavy, rental/sales/service.

(d) Manufactured dwelling sales/service/repair.

(a) Application of Standards. In addition to the special use limitations in EC 9.3116 and the development standards in EC 9.3125 to 9.3126, Special Development Standards for Certain Uses in EC 9.5000 through EC 9.5850 and the General Standards for All Development in section 9.6000 through 9.6885 apply within this zone. Except as provided in subsection (b), below, in the event of a conflict between the development standards in EC 9.3125 to 9.3126 and the special development standards in EC 9.5000 through EC 9.5850 or the general development standards in EC 9.6000 through EC 9.6885, the specific provisions of EC 9.3125 to 9.3126 shall control.

(b) Middle Housing Standards. The development standards in EC 9.3125 to 9.3126 do not apply to middle housing in the S-CN special area zone. Middle housing in the S-CN special area zone is subject to the development standards established for the R-4 zone in EC 9.2750 to 9.2751, the Special Development Standards for Certain Uses in EC 9.5000 through EC 9.5850, and the General Standards for All Development in EC 9.6000 through EC 9.6885.

(c) Adjustment. The development standards in subsections (2) and (3) of this section may be adjusted in accordance with EC 9.8030(18).

(a) Transportation System.

(b) Streetscapes.

(c) Building Appearance.

(d) Outdoor Lighting. Outdoor lighting shall comply with the Medium Ambient Light Standards in EC 9.6725.

(e) Improvements Between Buildings and Streets. The land between a building or exterior improvement and a street must be landscaped and/or paved with a hard surface for use by pedestrians. If hard-surfacing is provided, the area must contain pedestrian amenities such as seating areas, drinking fountains, and/or other design elements (such as public art, planters, and kiosks). The use of porous paving materials for hard surfacing is encouraged. Residential developments are exempt from this requirement. (See Figure 9.4530(8) Improvements Between Buildings and Streets in /TD Areas.)

(a) Parking Between Buildings and the Street in S-CN/C Subareas. Automobile parking, driving, and maneuvering areas shall not be located between the main building(s) and Garden Way or Marche Chase Drive.

(b) Roof Pitch in S-CN/HDR/MU Subareas. Residential buildings located directly east of properties listed on the National Registry of Historic Places and located within 50 feet of Garden Way must have gable, hip, or gambrel roof form appearance. For these properties, the minimum roof pitch is 7 inches of vertical rise for each 12 inches of horizontal width.

(c) Large Multi-Tenant Commercial Facilities in S-CN/C Subareas.

(d) Building Facades and Ground Floor Windows in S-CN/C Subareas. The following standards apply to stand-alone commercial buildings and to mixed-use buildings with ground-floor commercial uses:

(e) Residences Area Along Garden Way in S-CN/C Subarea. If residences are constructed on land abutting Garden Way, the development must meet the minimum residential density requirement in Table 9.3125(3)(g).

(f) Garden Way and Marche Chase Drive Development Standards in S-CN/C Subareas. The following development standards apply to commercial buildings adjacent to Garden Way and Marche Chase Drive:

(g) The following Table 9.3125(3)(g) sets forth standards for specific subareas of the S-CN Zone, subject to the special development standards in EC 9.3126 Special Development Standards for Table 9.3125(3)(g).

(a) HDR Subarea. Minimum density applies to new residential development except rowhouses and Accessory Dwelling Units.

(b) HDR/MU Subarea. Minimum density applies to new development except rowhouses and Accessory Dwelling Units.

(c) Maximum density applies to all new residential development except Accessory Dwelling Units.

(a) S-DR/MU (Mixed-Use).

(b) S-DR/CL (Cultural Landscape and Open Space).

(a) S-DR/MU/1 (Active).

(b) S-DR/MU/2 (People).

(a) Retail Sales – Oriented. Permitted in S-DR/MU, S-DR/MU/1, and S-DR/MU/2. Examples include, but are not limited to:

(b) Personal Service – Oriented. Permitted in S-DR/MU, S-DR/MU/1 (above ground floor only), and S-DR/MU/2. Examples include, but are not limited to:

(c) Entertainment – Oriented. Permitted in S-DR/MU, S-DR/MU/1, and S-DR/MU/2. Examples include, but are not limited to:

(a) Financial businesses (including lenders, brokerage houses, bank headquarters, and real estate agents);

(b) Medical, dental, and veterinarian clinics and laboratories;

(c) Professional services (including lawyers, accountants, engineers, architects, and planners);

(d) Sales offices;

(e) TV and radio studios;

(f) Live/work units (where there is an office on the ground floor with residential above in an interconnected unit).

(a) Apartments and retirement center apartments (including those with accessory services such as food service, dining rooms, and housekeeping);

(b) Condominiums;

(c) Townhouses.

(a) Activities of a public, nonprofit, or charitable entity, which provide a local service to the community. Generally, they provide the service on the site or have employees at the site on a regular basis. Examples include, but are not limited to:

(b) Special events sponsored or operated by a public agency (notwithstanding the standards for Temporary Activities at EC 9.5800).

(a) Breweries, distilleries, and wineries;

(b) Catering establishments;

(c) Processing of food and related products;

(d) Production of energy;

(e) Weaving or production of textiles or apparel;

(f) Woodworking (including cabinet makers).

(a) Electric motor repair;

(b) Printing, publishing, and lithography;

(c) Research and development laboratories;

(d) Repair of scientific or professional instruments;

(e) Sales, repair, or storage for building, heating, plumbing, or electrical contractors;

(a) Parks, public squares, plazas, boardwalks, fountains, arboretums, trails, multi-use paths, gardens, and natural areas;

(b) Park furnishings (including play equipment, picnic tables, benches, bicycle racks, and interpretive signage);

(c) Park structures (including kiosks, gazebos, pavilions, picnic shelters, pergola, arbors, and restrooms);

(d) Green infrastructure (including infiltration planters, rain gardens, flow-through planters, vegetated swales, vegetated filter strips, and water quality ponds, basins, and wetlands).

(a) Water, gas, sanitary sewer, stormwater treatment and drainage, electric, telephone, and cable service infrastructure;

(b) Pumping stations, underground transmission facilities, and substations;

(c) District heating and cooling systems (including geothermal wells);

(d) Related physical facilities that do not include buildings regularly occupied by employees, parking areas, or vehicle, equipment, or material storage areas.

(a) Agricultural Machinery Rental;

(b) Casinos;

(c) Drive-through facilities, except as permitted at EC 9.3145(4)(a)5;

(d) Indoor firing ranges;

(e) Heavy Equipment Sales;

(f) Kennels;

(g) Mortuaries;

(h) Outdoor sales or leasing of consumer vehicles, including passenger vehicles, motorcycles, light and medium trucks, boat and watercraft, and other recreational vehicles;

(i) Recreational vehicle parks;

(j) Recycling or transfer stations (with the exception of small recycling centers as defined at EC 9.0500);

(k) Taxidermists;

(l) Vehicle service such as motor vehicle repair, tires sales and service, gas station, or car wash.

(m) A retail marijuana use that is located within 1,000 feet of another retail marijuana use.

(a) Detached single-unit dwellings;

(b) Duplexes;

(c) Manufactured housing.

(a) Cemeteries;

(b) Correctional facility.

(a) Concrete batching and asphalt mixing;

(b) Feed lots;

(c) Lumber mills, pulp and paper mills, and other wood products manufacturing;

(d) Production of pre-fabricated structures (including manufactured homes);

(e) Slaughterhouses and meatpacking.

(a) Auto and truck salvage and wrecking;

(b) Exterminators;

(c) Fuel oil distributors;

(d) Heavy truck servicing and repair;

(e) Machine shops;

(f) Salvage or wrecking of heavy machinery, metal, and building materials;

(g) Solid fuel yards;

(h) Tire re-treading or recapping;

(i) Towing and vehicle storage;

(j) Truck stops;

(k) Welding shops.

(a) Camping;

(b) Community and neighborhood centers within the S-DR/CL subdistrict (permitted in the S-DR/MU subdistrict);

(c) Golf course (including driving range);

(d) Dwellings.

(a) Notwithstanding any other provisions of this code, outdoor lighting of a building facade is permitted for buildings within the S-DR/MU/2 subdistrict if provided in accordance with the standards for a building of exceptional symbolic or historic significance (refer to EC 9.6725(13)).

(b) Outdoor lighting in the S-DR/MU subdistrict shall conform to standards specified at EC 9.6725(8)(c) – Medium Ambient.

(c) Outdoor lighting in the S-DR/CL subdistrict shall conform to standards specified at EC 9.6725(8)(b) – Low Ambient, except that plazas and multi-use paths shall be illuminated to a minimum average maintained luminance of .9 foot-candle and not to exceed a maximum average maintained luminance of 3.5 foot-candle.

(a) Maneuvering and circulation related to delivery and loading is not permitted between the street and the portion of a building used to comply with building setback requirements.

(b) All loading areas shall be off the street and shall be served by service drives, alleys, private accessways, or maneuvering areas so that no backward movement or other vehicle maneuvering within a street will be required.

(c) All off-street loading areas shall be on interior service courts, alleys, or screened from view from all adjacent property lines according to EC 9.6210(4), High Wall Landscape Standards (L-4).

(d) The above standards do not apply to development in the S-DR/MU/1 overlay subdistrict.

(a) For land use applications proposing the construction of a public or private street, stormwater facilities shall be selected from the Stormwater Management Manual and may be sized to also treat some or all the stormwater runoff from future development on lots adjoining the street.

(b) Applications for a development permit shall comply with subsection (c) below at the time of development permit application unless the applicant has entered into an agreement with the City of Eugene demonstrating that a stormwater facility approved pursuant to (a) will treat all of the stormwater runoff from the development being proposed by the applicant.

(c) An application for a development permit that is not exempt under subsection (b) above including an application pertaining to a development that is subject to an agreement with the City of Eugene demonstrating that a stormwater facility approved pursuant to subsection (a) above will treat some, but not all, of the stormwater runoff from the proposed development:

(a) Street right-of-way width shall be a minimum of 62 feet for Street Type 1; 57 feet for Street Type 2; 40 feet for Street Type 3; and 50 feet for Street Type 4 and Street Type 5. For examples, see Figures 9.3160(4)(a) through (e).

(b) Street travel lane width shall be a minimum of 10 feet for all Street Types and all Street Types shall contain a minimum of two travel lanes. See Figures 9.3160(4)(a) through (e).

(c) Combined pedestrian area width, including planters and green infrastructure, in accordance with EC 9.3145(7)(d), shall be a minimum of 13 feet on both sides for Street Type 1; 9 feet on one side and 12 feet on the other side Street Type 2; 10 feet on both sides for Street Type 3; and 15 feet on both sides for Street Type 4 and Street Type 5. See Figures 9.3160(4)(a) through (e).

(d) Alleys shall have a minimum pavement width of 20 feet and a maximum pavement width of 26 feet.

(e) Public accessways shall have a minimum pavement width of 12 feet.

(f) Multi-use paths shall have a minimum pavement width of 10 feet and a maximum pavement width of 20 feet.

(a) Location of On-Site Surface Parking. New on-site surface parking shall be accessory to a primary use on the same development site and may be located only on:

On-site surface parking does not include underground, structured, courtyard, tuck-under, and podium parking. On-street parking spaces within the public right-of-way and on-site parking spaces for persons with disabilities are exempt from this requirement. The provisions at EC 9.6420(1), (3), (6), and (7) do not apply to vertically stacked parking facilities in the S-DR Zone.

(b) Siting and Design. The provisions at EC 9.6415(2); EC 9.6420(1), (2), (3)(a), (3)(b),(3)(e), (5), (6), and (7), apply to the siting and design of parking and loading facilities in the S-DR Zone.

(c) Parking Access. Parking access must be consistent with the below requirements:

(d) Parking Area Landscaping. Except as provided in (2) below, the parking area landscaping standards at EC 9.6205 and EC 9.6420(3) apply to off-street parking areas in the S-DR Zone, except the parking area standards at EC 9.6420(3)(c), which are not applicable in the S-DR Zone. All surface parking areas shall have a landscaped bed around the perimeter measuring 5 feet in width and landscaped to a minimum of the L-2 standard.

(a) Temporary parking areas associated with construction anywhere in the S-DR Zone may be used for no longer than 18 months.

(b) Temporary parking areas may be established and operated by the City for a period no longer than 5 years provided the area is improved with a durable and dust-free surface.

(a) Build-to Lines and Setbacks.

(b) Building Transparency.

(c) Building Ground Floor Height. For all uses other than residential, the ground floor height shall be a minimum of 14 feet measured from floor to floor.

(d) Landscape Specifications.

(a) Build-to Lines and Setbacks.

(b) Building Transparency.

(c) Eco-roofs. Buildings must provide eco-roofs or occupiable space on all roof surfaces, with the exception of the following.

(d) Landscape Specifications. There is no minimum landscape requirement, except as specified at EC 9.3170.

(a) Build-to Lines and Setbacks.

(b) Building Transparency.

(c) Residential Density. A minimum of one story of residential use is required. Buildings greater than three stories must provide residential uses consistent with uses listed at EC 9.3145(3) on all stories above the second story.

(d) Landscape Specifications. There is no minimum landscape requirement, except as specified at EC 9.3170.

(a) The general development standards in EC 9.3155(1), (2), (4) through (10), and (12) through (15) do not apply in the S-DR/CL subdistrict or to Parks and Open Space uses permitted in the S-DR/MU, S-DR/MU/1 and S-DR/MU/2 subdistricts.

(b) The /WR development standards in EC 9.4900 through EC 9.4980 apply to /WR conservation areas within the S-DR/CL subdistrict as identified on Exhibit D to Ordinance No. 20619.

(a) Planting and Replanting. Planting or replanting within the S-DR/CL subdistrict shall comply with the following standards:

(b) Trails.

(c) Public Access. Public access shall be provided through public accessways in locations shown on Figure 9.3160(4).

(d) Setbacks. Restrooms, playground apparatuses, and park furnishings including picnic tables, benches, bicycle racks, and interpretive signage shall be set back from abutting property and rights-of-way a minimum of 15 feet.

(e) Plaza Surfacing. The 5th Avenue plaza area as shown on Figure 9.3185 shall be surfaced with a durable, hard surface other than asphalt. Asphalt surfacing is prohibited within the plaza.

(f) Signage. Signs shall be no more than 5 feet tall, and 16 square feet per face in surface area, except for signs intended to be read from moving automobiles, such as site entrance signs, which shall be no more than 8 feet tall and 32 square feet per face in surface area.

(a) Consistency with the design objectives at EC 9.3130(2).

(b) Alternatives proposed pursuant to EC 9.3160(5), EC 9.3180(3), EC 9.3181(3), and EC 9.3182(3) shall demonstrate that the alternative proposal will allow the project to achieve an equivalent or higher quality design than would result from strict adherence to the standards through:

(c) Alternatives proposed pursuant to EC 9.3185(4) shall demonstrate that the alternative proposal will allow the project to achieve an equivalent or higher quality design than would result from strict adherence to the standards through:

(d) New buildings and structures shall not obstruct view corridors identified on Figure 9.3155(3) or reduce the minimum dimensions specified in EC 9.3155(15).

(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) Application of Standards. Except as provided in subsection (1)(b) below, in addition to applicable provisions contained elsewhere in this land use code, the development standards listed in Table 9.3215 S-DW Downtown Westside Special Area Zone Development Standards in this section, and in EC 9.3216 Special Development Standards for Table 9.3215 shall apply to all development within this zone. In cases of conflict, the development standards specifically applicable in the S-DW special area zone shall apply.

(b) Middle Housing Standards. All middle housing development in the S-DW special area zone shall be exempt from the development standards in EC 9.3215 to 9.3216. Middle housing in the S-DW special area zone is subject to the development standards established for the R-4 zone in EC 9.2750 to 9.2751, the Special Development Standards for Certain Uses in EC 9.5000 through EC 9.5850, and the General Standards for All Development in EC 9.6000 through EC 9.6885.

(a) All lots or development sites in the S-DW zone shall have interior yard setbacks of at least 10 feet between the buildings, without regard as to the location of the property line, or no interior yards required if the buildings abut or have a common wall, except where a utility easement is recorded adjacent to an interior lot line, in which event there shall be an interior yard no less than the width of the easement. There shall be no projection of building features into the easement.

(b) Except where buildings abut or share a common wall, the owner of a lot or parcel with an interior yard of less than 5 feet from the adjacent property line must secure and record in the office of the Lane County Recorder a maintenance access easement adjacent to that side of the building. The easement shall be on a form approved by the city manager and shall be accompanied by a fee set by the city manager. The easement shall provide a 5 foot wide access the entire length of the building and 5 feet beyond both ends, and require a 10-foot separation between buildings on separate lots.

(c) Alley access parcels shall be subject to the provisions of this section for all yards, including the yard adjacent to the property line separating the alley access parcel from the original parent parcel.

(a) Minimum Landscape Area Required. At least 20% of the development site shall be landscaped with living plant materials. 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 yard setbacks or off-street parking areas, shall apply toward the minimum landscape requirements for the development site.

(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). Up to one third of the required landscape area may be improved for recreational use or for use by pedestrians. Examples include walkways, plazas and benches.

(c) Required Landscaping in Front Yard Setbacks. Landscape planting beds within any required front yard setback shall be a minimum of 7 feet in width and shall comply, at a minimum, with EC 9.6210(1) Basic Landscape Standard (L-1).

(a) Single-Unit dwellings.

(b) Accessory Dwellings (1 Per Detached Single-Unit Dwelling on Same Lot)

(c) Duplexes.

(d) Triplexes.

(e) Fourplexes.

(f) Townhouses.

(g) Cottage Clusters.

(h) Multiple-Unit dwellings.

(i) Home occupations.

(j) Bed and breakfast facilities.

(a) Some houses in the zone are currently used for commercial purposes. Permitted uses shall allow the conversion of commercial back to residential when it relates to historic residential architecture.

(b) Notwithstanding subparagraph (a) of this subsection, the following uses are permitted:

(a) New foundations are subject to Uniform Building Code criteria, but shall attempt to represent a historic appearance that is compatible with the structure.

(b) Siding shall replicate existing historic siding or be compatible with existing siding. Metal and vinyl sidings, T-1-11 plywood siding, and other non-historic siding materials shall be avoided on buildings located in the S-HB zone. Every attempt shall be made to replicate the historic look that is consistent with the historic structure.

(c) The exterior color shall be compatible with adjacent landmark structure or of natural or earthtone colors, or of natural materials that are sympathetic to the historic time period, and detailing of individual structures located in the S-HB zone. Choice of color can be influenced by changing technologies, tastes and fashions. A paint analysis is considered the most effective method of determining historic color, and should be considered on structures of significant ranking.

(a) Existing mature vegetation shall be retained, to the extent possible. The addition of lawns, deciduous and evergreen trees and shrubs, vines and perennials shall be encouraged for ornamental plantings. Novelty plants, variegated foliage, and topiary (shrubbery that is clipped to imitate animal or whimsical shapes) are non-compatible with the character of the zone.

(b) Fences, walls, and hedges located within the front setback shall be low and compatible with the architecture of the building on the development site. Fences, walls and hedges at the rear of property in the zone could be taller, but every consideration shall be given to create fence types that are historic in character, and compatible with the architecture of the S-HB zone.

(a) Street, Sidewalk, and Alley Improvements. Improvements to streets and sidewalks shall enhance the visual continuity of the existing streetscape. Improvements and alterations shall be compatible with existing material, yet provide safe access for pedestrian, bicycle and automobile circulation. Alleys shall continue to maintain their attractiveness as public open spaces between properties. Improvements shall provide a sensitivity to existing historical structures, sheds, additions and landscape features. Additional information regarding the trolley tracks under Blair Boulevard shall be considered before street improvements are implemented.

(b) Lighting. New city lighting shall be pedestrian in scale. Research shall be conducted to determine the historic precedents for street lighting in the S-HB zone, or surrounding residential areas. The findings of this research shall be applied when replacement lights are considered to be appropriate in the S-HB zone.

(c) Street Trees. The planting of street trees shall continue to reinforce the historic character and planting patterns of the S-HB zone, which is somewhat linear in form. There are existing street trees that are over 100 years old in the S-HB zone, as well are more recent plantings. Deciduous and coniferous trees are both compatible to the character of the S-HB zone.

(d) Signs. It is expected that signs in the S-HB zone will satisfy the legitimate needs of commerce without visual clutter and without interference with the view of buildings, landscape features and other signs. Signs shall be positioned with consideration for the facade on which located. Signs shall be designed for careful integration with architectural features. Size and proportion shall relate to the fenestration and detailing of the building. Street signs, historic district signage, and the lighting of signs shall all be reviewed before installation. Ghost signs, like the Shamrock Lunch sign at 1080 West Third Avenue, shall require specific considerations for restoration and enhancement.

(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) Application of Standards. Except as provided in (b) and (c) below, in addition to the special use limitations in EC 9.3615 and the development standards in EC 9.3625 to 9.3640 and EC 9.5000 to 9.5850, the General Standards for All Development in EC 9.6000 through 9.6885 apply within this zone. In the event of a conflict between the development standards in EC 9.3625 to 9.3640 and the special development standards in EC 9.5000 to 9.5850 or the general development standards in EC 9.6000 through 9.6885, the provisions of EC 9.3625 to 9.3640 shall control.

(b) Development Standards for Accessory Dwellings. The development standards applicable to accessory dwellings in the S-JW zone shall be those set out in EC 9.2751(17)(c) and the General Standards for all Development in EC 9.6000 through 9.6885.

(c) Middle Housing Standards. The development standards in EC 9.3625, 9.3626, and 9.3640 do not apply to middle housing development in the S-JW special area zone. Middle housing development in the S-JW special area zone is subject to the development standards established for the R-2 zone in EC 9.2750 to 9.2751, the Special Development Standards for Certain Uses in EC 9.5000 through EC 9.5850, and the General Standards for All Development in EC 9.6000 through EC 9.6885.

(d) Adjustment. The development standards in subsections EC 9.3625(6) regarding driveway width and EC 9.3625(3)(a)(2)(b) regarding primary vehicle access may be adjusted in accordance with EC 9.8030(26). For sites zoned S-JW Special Area Zone, these are the only standards that may be adjusted.

(a) All roof surfaces on residential buildings, other than as provided for porches and dormers in subsections (b) and (c) below, shall have a minimum slope of 6 inches vertically for every 12 inches horizontally, except:

(b) Residential building porches are not required to have a sloped roof if the porch is:

(c) Residential building dormers are not required to have a sloped roof if the dormer is:

(d) Roof surfaces on garages and other buildings that are not residential buildings in the following categories shall have a minimum slope of 6 inches vertically for every 12 inches horizontally:

(a) Primary Vehicle Access. For the purposes of this section, “primary vehicle access” means the primary means by which inhabitants take vehicular access to a dwelling or on-site parking space(s) provided for a dwelling. Primary vehicle access is determined as follows:

(b) No more than one dwelling on the same development site may take primary vehicle access from an alley unless the site also abuts a street that the alley intersects.

(c) On any lot that contains one or more dwellings whose primary vehicle access is an alley, there must be at least an undivided 400 square-foot open space area (not including buildings, parking or driveways) abutting the alley. Except as provided in 4., below, the open space area:

(d) For a dwelling whose primary vehicle access is an alley:

(a) Except as provided in (c), below, on a street-fronting lot that is not an alley access only lot, the residential building closest to the street shall include a main entrance that meets one of the following conditions:

(b) Except as provided in (c), below, on corner lots with more than one residential building, all residential buildings shall include a main entrance that meets the requirements of subsection (a).

(c) Notwithstanding (a) and (b), above, where three or more dwellings have ground-level entrances on two or more sides of a common courtyard that is open to a street for at least 20 feet, the dwellings’ main entrances may face the courtyard. (See Figure 9.3625(4)(c))

(a) Except for a garage accessed from an alley, only one garage door, with maximum width of 9 feet and maximum height of 8 feet, is allowed within 30 feet of any portion of a lot line that abuts a street.

(b) For a garage accessed from an alley, one garage door 18 feet wide and 8 feet high or 2 garage doors 9 feet wide and 8 feet high, are permitted.

(a) Street Access Driveway Curb Cuts and Width. Driveways that are accessed from a street must meet all the following requirements:

(b) Alley-Access Driveway Width. The maximum driveway and/or parking area width is 18 feet within 30 feet of any portion of a lot line that abuts the alley.

(c) Adjustment. The driveway width standards in this subsection (6) may be adjusted based on the criteria of EC 9.8030(26)(1).

(a) A dwelling with five or fewer bedrooms that is the only dwelling on a street-abutting lot that is at least 4,500 square feet shall be counted as one dwelling.

(b) Two dwellings that together have a total of six or fewer bedrooms, and that are the only dwellings located on a street-fronting lot that is at least 4,500 square feet, and where at least one residential building on the lot has a front facade that faces a street and is within the street maximum setback, shall be counted as two dwellings.

(c) For cases not covered by sections (a) and (b), above, the dwelling count shall be the sum of the dwelling counts calculated under the following subsections:

(d) Dwelling counts shall be recalculated as part of the City’s consideration of any new development proposing to increase the number of dwellings or bedrooms on a lot. The proposed change shall not be permitted unless the new dwelling count will comply with all applicable standards in this section.

(e) In addition to the Maximum Dwellings Per Lot allowed by Table 9.3625, one additional dwelling may be established on a lot that is between 9,000 square feet and 12,499 square feet, and up to two additional dwellings may be established on a lot that is 13,500 square feet or larger, so long as:

(f) Multi-lot developments. A multi-lot development site is treated as one area for calculating allowable dwellings. (I.e., allowable dwellings are not the sum of individual lots’ allowable dwellings). A multi-lot development site cannot include an alley access only lot or a lot less than 4,500 square feet.

(g) Accessory dwellings are not subject to the provisions of (1) and shall not be considered within the calculations of dwellings or bedrooms in subsections (1)(a) through (f) above.

(a) Residential buildings.

(See Figure 9.3626(2)(a)).

(b) The maximum height of any part of a garage or building that is not a-residential building is 15 feet.

(c) The height of any part of a structure shall be measured as its vertical distance above grade.

(a) Alley minimum setback. Except as provided under subsection (a)1., below, all buildings shall be set back a minimum of the distance specified in subsections 1. and 2., below, from any portion of a lot line that abuts an alley and from any alley right-of-way easement, whichever would result in a greater setback distance.

(b) Street setback.

(a) For a street-fronting lot that is not an alley access only lot, for any portion of an interior lot line that is located within 60 feet of a lot line abutting a street and generally perpendicular to the side of the lot along which the interior lot line lies: The setback shall be at least 5 feet from the interior lot line and a minimum of 10 feet from structures on other lots. In addition, at a point that is 12 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 the lot line. (See Figure 9.3626(4)(a)(b)).

(b) Setbacks from all other portions of interior lot lines, not covered in subsection (a), shall be at least 5 feet from the interior lot line and a minimum of 10 feet from structures on other lots. In addition, at a point that is 8 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 the lot line. (See Figure 9.3626(4)(a)(b)).

(c) All intrusions allowed by EC 9.6745 (“Setbacks-Intrusions Permitted”) and not explicitly prohibited by other provisions applicable in the S-JW Special Area Zone are allowed, except that:

(d) On a street-fronting lot that is not an alley access only lot, a residential building with a main roof that is gabled or hipped and has a ridgeline generally parallel to a lot line abutting the street may have a single gable or hipped portion on each side of the building intrude into the sloped portion of the interior yard setback, as long as the entire intrusion is within 60 feet of the respective lot line abutting the street and the maximum width of the part of the building that penetrates the sloped setback is 35 feet.

(e) A residential building may have a maximum of 4 dormers, with a maximum of 2 dormers per side of the roof, that intrude into the sloped portion of an interior yard setback, as long as each dormer that intrudes on the setback meets all the following requirements:

(f) Exceptions.

(g) Easements. Except where buildings abut or share a common wall, the owner of a lot or parcel with an interior yard of less than 5 feet from the adjacent property line must secure and record in the office of the Lane County Recorder a maintenance access easement adjacent to that side of the building. The easement shall provide a 5-foot wide access the entire length of the building and 5 feet beyond both ends, and require a 10-foot separation between buildings on separate lots. The easement shall be on a form provided by the city, shall be approved by city staff, and be subject to a review and payment of a fee set by the city manager. There shall be no projection of building features into this easement.

(a) Except as provided in (b), windows above the first floor shall be setback a minimum of 10 feet from interior lot lines.

(b) Windows that are within 60 feet of a lot line abutting the street of a street-fronting lot that is not an alley access only lot, and that are in a gable or hipped end of a residential building with a main roof ridgeline generally parallel to the respective lot line abutting the street, are excluded from the setback requirement in (a), above.

(a) All developments of three or more dwellings (as calculated under EC 9.3626(1) shall include common or private open space, or a combination thereof, that equals or exceeds the greater of the following two areas:

(b) Any common open space intended to meet the requirements of this subsection (7) may include only those the areas listed under EC 9.5500(9)(a)(1)(a) and b. No indoor area may be counted as common open space.

(c) Any private open space intended to meet the requirements of this subsection (7) shall be consistent with EC 9.5500(9)(b).

(d) An open space credit shall be allowed consistent with EC 9.5500(9)(a)(2)(e) for qualifying setback areas with minimum dimensions of 15 feet by 15 feet. The EC 9.5500(9)(c) credit for public parks is not allowed.

(a) Types. The type of fence (including walls or screens) used is subject to 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.

(b) Location and Heights.

(a) Lot frontage requirements may be met by a lot that abuts a street or an alley continuously for the required length indicated in Table 9.3630.

(b) Rectilinear shape. A lot line segment is a portion of the boundary line of a lot that is bounded on each end by an angle and that contains no angles within the line segment. (The point at which a straight line intersects a curved line is considered an angle.)

(c) A lot’s boundaries must be sufficient to fully encompass a rectangle of the following size:

(See Figure 9.3631(1)(d)(e)).

(d) Minimum interior lot dimension. (See Figure 9.3631(1)(d)(e)). The minimum distance between any two non-intersecting lot line segments is 35 feet when measured by a straight line that does not begin or end at an intersection of any two lot line segments and that lies entirely within the lot’s boundaries.

(e) The Property Line Adjustment provisions at EC 9.8400 through 9.8420 are available within the S-JW zone only for adjustment of a portion of a lot line that existed in its current location as of December 14, 2009. Such lot lines may be adjusted by up to 5 feet, measured perpendicularly from the lot line’s current location, and consistent with all other applicable lot standards. 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 December 14, 2009.

(f) A lot must have the capacity for vehicular access from an alley or street consistent with access standards in the EC.

(g) The creation of a new flag lot is prohibited in the S-JW Jefferson Westside Special Area Zone.

(a) May be created only if:

(b) No new dwelling with more than three bedrooms is allowed on a small lot.

(a) Existing physical circumstances such as topographically constrained lands, conservation easements, existing buildings, or utility easements prevent the ability to further divide the lot.

(b) The lot exceeding the maximum lot size is intended to reserve a large lot for future land division with feasibility demonstrated by a conceptual buildout plan.

(c) The subdivision achieves a minimum density of 9 units per net acre.

(d) The exception will enable protection of natural resources.

(a) The original lot from which the alley access only lot is created abuts a street for at least a continuous 45 feet and is at least 6,750 square feet prior to the creation of the alley access only lot;