(a) The facility shall maintain an up-to-date guest register.

(b) The facility shall be owner-occupied.

(c) The length of stay for guests shall be a maximum of 30 consecutive nights.

(d) The number of guest bedrooms shall be limited to 2, with a maximum total of 5 guests at any one time.

(e) Signing shall be limited to one non-illuminated wall sign with a maximum area of 1½ square feet.

(f) There shall be at least 400 feet of separation in all directions between facilities. This includes, for example, a 400 foot separation from existing bed and breakfast facilities in commercial zones.

(a) The facility shall maintain an up-to-date guest register.

(b) The facility shall be owner-occupied.

(c) The length of stay for guests shall be a maximum of 30 consecutive nights.

(d) The number of guest bedrooms shall be limited to 4.

(e) Signing shall be limited to one non-illuminated wall sign with a maximum area of 1½ square feet.

(a) Total number of guest bedrooms plus the owner or innkeeper’s unit shall be limited to the number of dwelling units otherwise permitted in these zones.

(b) Signing shall be limited to 1 freestanding or wall sign with a maximum area of 1½ square feet.

(a) Animals not addressed in this section are not permitted under the “Urban Animal Keeping” use category.

(b) Except for an animal kept on-site by an educational or religious institution, the person responsible for keeping an animal shall reside on or adjacent to the development site on which the animal is kept.

(c) In addition to applicable provisions contained in this land use code, the keeping of one or more animals under these provisions shall also comply with all other applicable provisions of the Eugene Code, including but not limited to sections 4.083 through 4.084 Noise Disturbance, section 4.335 Animal Abuse, section 4.340 Animal Neglect, and section 4.430 Continuous Annoyance.

(a) On development sites of less than 20,000 square feet and located in a zone that allows “Urban Animal Keeping,” any two of the following four categories of animals are allowed:

In addition to the above, Honey Bees are allowed (up to 3 hives) provided that they are located at least 5 feet from all property lines and the opening of the hive is pointed toward the center of the property and a water source is provided on site within 15 feet of each hive.

(b) On development sites 20,000 square feet or greater and located in a zone that allows “Urban Animal Keeping,” all of the following are allowed:

(a) Disposing of animal waste matter and not allowing it to accumulate;

(b) Compost piles that contain animal waste matter shall be located at least 5 feet from all property lines and be within a container or bin enclosed on all sides and covered to deter rodents, flies, and other pests;

(c) Ensuring odors resulting from the animals are not detectable beyond property lines; and

(d) Storing all animal food in metal or other rodent-proof containers.

(a) An enclosure is required and shall be designed and constructed to provide shelter from the weather for all animals kept outdoors on the development site.

(b) The enclosure shall be roofed and have at least two solid sides.

(c) The enclosure shall comply with the required height for accessory structures in the applicable base and overlay zone.

(d) All structures designed and used to provide shelter for all animals shall be located at least 10 feet from all property lines, except where an adjacent property owner authorizes in writing that an enclosure can be located closer to the neighbor’s property.

(a) Cows and horses: 10,000 square feet per animal.

(b) Miniature cows, miniature horses, sheep, miniature goats, goats, emus, alpacas, and llamas: 5,000 square feet per animal.

(c) Chickens, Rabbits, and Domestic Fowl: 1,000 square feet per animal.

(a) Only chickens, domestic fowl, or rabbits can be harvested on site.

(b) Harvesting shall occur only on the development site on which the animals are kept, and shall not occur in view from any public area or any adjacent property owned by another.

(c) Harvesting shall be done in a humane and sanitary manner.

(d) No commercial slaughterhouse shall be allowed.

(a) Ensure that new multiple-unit development enhances the character and livability of Eugene’s neighborhoods;

(b) Ensure that the increased density that results from such development makes a positive contribution to the areas in which they are built;

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

(d) Promote multiple-unit developments having maximum economic life and stability;

(e) Provide an adequate supply and range of housing types and prices that will meet the city’s future population growth;

(f) Promote building and site design that contributes positively to a sense of neighborhood and to the overall streetscape by carefully relating building frontages and yards to public streets and adjacent properties;

(g) Ensure that design of multiple-unit developments provides for a sensitive transition to nearby, less-intensive development;

(h) Provide a physical environment that contributes to and enhances the quality of life;

(i) Provide amenities that make a multiple-unit development a fully functional residential community.

(a) Except for building alterations and building additions that increase the square footage of liveable floor area by less than 50%, multiple-unit standards shall apply to all multiple-unit developments in all zones except commercial. In cases where the standards apply, they shall be considered applicable for the portion of the development site impacted by the proposed development.

(b) Multiple-unit standards shall also apply to multiple-unit developments in commercial zones unless the entire ground floor, with the exception of areas for lobbies, stairs, elevators and bicycle storage for residents, is in non-residential use. Additional ground floor use standards in Table 9.2161 Commercial Uses Requirements in Mixed-Use Residential Developments also apply.

(c) Notwithstanding subsections (a) and (b) above, multiple-unit standards do not apply to multiple-unit developments in commercial zones within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map.

(a) Required Setbacks. The required building setbacks are those required in the applicable base zone.

(b) Street Frontage. On development sites that will result in 100 feet or more of public or private street frontage, at least 60 percent of the site frontage abutting the street (including required yards) shall be occupied by a building(s) or enhanced pedestrian space with no more than 20 percent of the 60 percent in enhanced pedestrian space, placed within 10 feet of the minimum front yard setback line. (See Figure 9.5500(4)(b) Multiple-Unit Minimum Building Setback Along Streets.) On development sites with less than 100 feet of public or private street frontage, at least 40 % of the site width shall be occupied by a building(s) placed within 10 feet of the minimum front yard setback line. Building projections and offsets with an offset interval of 10 feet or less meet this standard (excluding required yards). “Site width,” as used in this standard, shall not include areas of street frontage that have significant natural resources as mapped by the city, delineated wetlands, slopes greater than 15%, recorded easements, required fire lanes or other similar non-buildable areas, as determined by the planning director.

(c) Criteria for Adjustment. Adjustments to the standards in this subsection may be made, based on the criteria of EC 9.8030(2) Setback Standards Adjustment.

(a) Building Orientation. Multiple-unit residential buildings located within 40 feet of a front lot line shall have their primary orientation toward the street.

(b) Ground Floor Building Entrances. The main entrance(s) of ground floor units of any residential building located within 40 feet of a street must face the front lot line. Main entrances may provide access to individual units, clusters of units, courtyard dwellings, or common lobbies. The following exceptions shall apply:

(c) Upper Story Building Entrances. The main entrance of upper story units shall be provided from the interior of the building or from an exterior walkway that serves no more than 2 units. Stairways to upper floors shall be adequately lighted and protected from the elements. Access to upper-story units may be provided at the front, side or rear of a building.

(d) Criteria for Adjustment. Adjustments to the standards in this subsection may be made, based on the criteria of EC 9.8030(4) Building Orientation and Entrance Standards Adjustment.

(a) Maximum Building Dimension. Neither the maximum length nor width of any building within 40 feet of a front lot line can exceed 100 feet in the R-1 and R-2 zones and 150 feet in all other zones.

(b) Windows. Street facades shall contain windows covering a minimum of 15% of the facade on each floor level.

(c) Criteria for Adjustment. Adjustments to the standards in this subsection may be made, based on criteria of EC 9.8030(8)(a).

(a) Articulation Requirement. To preclude large expanses of uninterrupted wall surfaces, exterior elevations of buildings shall incorporate design features such as offsets, projections, balconies, bays, windows, entries, porches, porticos, or similar elements.

(b) When offsets and projections are used to fulfill articulation requirements, the offset or projection shall vary from other wall surfaces by a minimum of 2 feet. Such changes in plane shall have a minimum width of 6 feet.

(c) Individual and common entry ways shall be articulated by roofs, awnings, or porticos.

(d) Criteria for Adjustment. Adjustments to the standards in this subsection may be made, based on criteria of EC 9.8030(8)(b).

(a) Minimum Landscape Area. Landscaping is required according to the applicable base zone minimum landscape area standards. If there are none specified, the minimum landscape area shall be equal to the amount of area required as open space specified in EC 9.5500(9).

(b) Compliance with Landscape Standards. Except as may be otherwise provided in this subsection (8), all required landscaping shall comply with the standards beginning at EC 9.6200 Purpose of Landscape Standards. In the event of a conflict between the standards beginning at EC 9.6200 and this subsection, the standards in this subsection shall control.

(c) Landscape Requirements. Site landscaping shall conform to the following:

(d) Criteria for Adjustment. Adjustments to the standards in this subsection may be made, based on the criteria of EC 9.8030(3) Landscape Standards Adjustment.

(a) Common Open Space. All development sites shall contain a minimum of 400 square feet of common open space. A minimum of 20-percent of the total provided common open space shall be living plant material.

(b) Private Open Space. Private open space is outdoor space directly adjacent to a dwelling unit providing an outdoor area for private use by the occupants of the dwelling unit. Private open space, where provided, shall meet the minimum standards in the following Table 9.5500(9)(b).

(c) Open Space Credit. An open space credit, not to exceed 25 percent of the total open space requirement, may be applied toward compliance with that requirement, for developments that are located within one-quarter mile of a public park as measured along the route of the shortest existing public way or private street.

(d) Criteria for Adjustment. Except for the amount of open space required per Table 9.5500(9), Open Space Requirements, adjustments to the standards in this subsection may be made. Adjustments shall be based on the criteria of EC 9.8030(8)(c).

(a) Block Structure. Multiple-unit developments 8 or more acres in size shall be developed as a series of complete blocks bounded by public or private streets. Natural areas, waterways, high voltage power lines, and other similar substantial physical features may form up to 2 sides of a block. The maximum block size within a multiple-unit development shall be no greater than 4 acres in size. (See Figure 9.5500(10) Multiple-Unit Block Requirements.)

(b) Criteria for Adjustment. Adjustments to the standards in this subsection may be made, based on the criteria of EC 9.8030(8)(d).

(a) Streets. Street standards and connectivity requirements for local residential streets shall be applied to public and private streets within multiple-unit developments. (Refer to EC 9.6815 Connectivity for Streets.). (See Figure 9.5500(12) Multiple-Unit Parking.)

(b) Driveways. Driveways and parking drives are private roadways for projects or portions of projects not served by streets. Driveways and parking drives shall be designed in accordance with the following standards:

(c) Alley Access. Development sites with alley access, either at the rear yard or along the side yard, shall use the alley to provide access to the development site if either:

In the instances described in 1. or 2., no direct access to the street, other than by the alley, shall be permitted. (See Figure 9.5500(11)(b) Multiple-Unit Driveways.) In other instances, alley access is optional.

(d) Setback Sidewalks. Setback sidewalks shall be required along any public or private street adjacent to or within the development site.

(e) Criteria for Adjustment. Adjustments to the standards in this subsection may be made, based on the criteria of EC 9.8030(8)(e).

(a) Parking Element Types. The city shall allow on-site parking to be provided as part of any multiple-unit development project in the form of garages (private or common), carports, open parking areas. All parking, except common garages, shall be designed as parking courts according to EC 9.5500(12)(b) Parking Courts.

(b) Parking Courts.

(c) Limitation on Parking Frontage. To strengthen the presence of buildings on the street, parking and vehicle use areas and garages adjacent to any public or private street frontage shall extend across no more than 50 percent of any street frontage. No parking spaces, with the exception of underground parking, shall be placed within any required front yard area. Parking areas shall not be located between buildings and the street. A single-story street level parking garage may not occupy the street frontage of a multiple-unit development, except for parking garage driveways.

(d) Criteria for Adjustment. Adjustments to the standards in this subsection may be made, based on the criteria of EC 9.8030(8)(f).

(a) Ensure that new middle housing development enhances the variety of housing options available to Eugene’s residents;

(b) Ensure consistency with state requirements for middle housing;

(c) Promote development of middle housing that provides opportunities for both rental and ownership housing;

(d) Provide an adequate supply and range of housing types and prices that will meet the city’s future population growth;

(e) Promote building and site design that contributes positively to a sense of neighborhood and to the overall streetscape; and

(f) Provide a physical environment that contributes to and enhances the quality of life.

(a) Except as provided in subsection (b), Middle Housing Development Standards in this section 9.5550 apply to:

(b) Except as provided at EC 9.5550(6)(g), the Middle Housing Development Standards do not apply to existing dwellings, buildings, and structures that are not being altered as part of the middle housing development.

(c) The Middle Housing Development Standards do not apply to middle housing conversion.

(d) The Middle Housing Development Standards shall apply in all zones.

(e) The Middle Housing Development Standards do not apply to dwellings in a building with non-residential use on the ground floor.

(f) The Middle Housing standards apply in addition to the development standards for the applicable base zone. In the event of a conflict between the Middle Housing Development Standards and other applicable development standards in this code, the Middle Housing Development Standards control.

(a) Garages and Off-Street Parking Areas. Garages and off-street parking areas shall not be located between a building and a public street, except in compliance with the standards in subsections 1 or 2 below.

2. The combined width of all garages and outdoor on-site parking and maneuvering areas does not exceed a total of 50 percent of the street frontage (see Figure 9.5550(4)(a)2. Triplex/Fourplex Width of Garages and Parking Areas).

(b) Driveways.

4. For lots or parcels abutting an alley that meets the paving width standards of EC 9.6870, access must be taken from the alley (see Figure 9.5550(4)(b)4. Triplex/Fourplex Alley Access).

5. Lots or parcels with more than one frontage must comply with the following:

a. Lots or parcels with frontages on major collectors and/or arterial streets must meet the access connection standards applicable to major collectors and/or arterials located in EC 7.420(2).

b. A lot or parcel with frontage on two or more streets of different street classifications shall comply with EC 7.420(1)(c).

c. Lots or parcels with frontages only on local streets may have either:

(1) Two driveway approaches not exceeding 32 feet in total width on one frontage; or

(2) One maximum 16-foot-wide driveway approach per frontage (see Figure 9.5550(4)(b)5.c.2 Triplex/Fourplex Driveway Approach Options for Multiple Local Street Frontages).

(c) Entry Orientation and Windows.

1. Entry Orientation.

a. At least one main entrance for each triplex or fourplex structure must meet the standards in subparagraphs b. or c. below. Any detached structure where more than 50 percent of its street-facing facade is separated from the street property line by a dwelling is exempt from meeting these standards.

b. The main entrance must either:

(1) Face the street (see Figure 9.5550(4)(c)1.b.(1) Middle Housing Main Entrance Facing the Street);

(2) Be located at an angle of up to 45 degrees from the street (see Figure 9.5550(4)(c)1.b(2) Middle Housing Main Entrance at 45° Angle from the Street); or

(3) Open onto a porch with one entrance facing the street (see Figure 9.5550(4)(c)1.b.(3) Middle Housing Main Entrance Opening onto a Porch).

c. In lieu of meeting the standards in subparagraph b. above, main entrances for triplexes and fourplexes may instead face a common open space that is adjacent to the street and is abutted by dwellings on at least two sides (see Figure 9.5550(4)(c)1.c. Middle Housing Main Entrance Facing Common Open Space).

d. Criteria for Adjustment. Adjustments to the standards in EC 9.5550(4)(c)1. may be made, consistent with the criteria in EC 9.8030(37)(a) Entry Orientation.

2. Windows. All street-facing facades, except those separated from the front lot line by a dwelling, shall have windows or entrance doors covering at least 15 percent of the applicable facade area. Half of the window area in a door of an attached garage may count toward meeting this standard. This standard may not be adjusted. (See Figure 9.5550(4)(c)2. Middle Housing Window Coverage.)

(d) Criteria for Adjustment. Except as provided in subparagraph (c), adjustments to the standards in this subsection (4) may be made, consistent with the criteria of EC 9.8030(37)(b) Garages, Off-Street Parking Areas, and Driveways for Triplexes and Fourplexes.

(a) Number of Attached Dwelling Units. These standards may not be adjusted.

(b) Unit Features. Each townhouse unit must include a minimum of one of the features in subsections 1 through 7 below on a minimum of one street-facing façade (see Figure 9.5550(5)(b). Townhouse Unit Features):

(c) Driveway Access and Parking. Townhouses on lots with public street frontage shall meet the following standards:

2. Garages on the front façade of a townhouse, off-street parking areas within the front yard setback, and driveways in front of a townhouse are allowed only if they meet the following standards in this subsection 2 (see Figure 9.5550(5)(c)2. Townhouses with Parking in Front Yard).

a. Each townhouse lot has a street frontage of at least 15 feet on a local street.

b. A maximum of 1 driveway approach is allowed for every townhouse. Driveway approaches and/or driveways may be shared.

c. Outdoor on-site parking and maneuvering areas do not exceed a total width of 12 feet on any lot.

d. The garage width does not exceed 12 feet.

3. The following standards apply to driveways and parking areas for townhouse projects that do not meet all of the standards in subsection 2 of this section.

a. Off-street parking areas shall be accessed on the back façade of the townhouse or located in the rear yard of the townhouse. No off-street parking shall be allowed in the front yard or side yard of a townhouse.

b. A townhouse project that includes a corner lot shall take access from a single driveway approach on the side of the corner lot. (See Figure 9.5550(5)(c)3.b. Townhouses on Corner Lot with Shared Access.)

c. Townhouse projects that do not include a corner lot shall consolidate access for all lots into a single driveway. The driveway and approach are not allowed in the area between the front building façade and front lot line of any of the townhouses. (See Figure 9.5550(5)(c)3.c. Townhouses with Consolidated Access.)

d. Townhouse projects shall include access easements recorded with Lane County Deeds and Records for vehicular access and emergency access for any consolidated access or shared driveways.

(d) Entry Orientation and Windows.

(a) General Standards.

(b) Cottage Orientation. Cottages must be clustered around a common courtyard and must meet the following standards (see Figure 9.5550(6)(b)-(c). Cottage Cluster Orientation and Common Courtyard Standards):

(c) Common Courtyard Design Standards. Each cottage cluster must include a common courtyard in order to provide a sense of openness and community of residents. Common courtyards must meet the following standards (see Figure 9.5550(6)(b)-(c). Cottage Cluster Orientation and Common Courtyard Standards):

(d) Community Buildings. Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses, such as community rooms, guest housing, exercise rooms, day care, community eating areas, or picnic shelters. Community buildings must meet the following standards:

(e) Pedestrian Access. These standards may not be adjusted.

(f) Parking Design. (see Figure 9.5550(6)(f). Cottage Cluster Parking Design Standards)

(g) Existing Structures. An existing single-unit dwelling and accessory uses and buildings on a lot or parcel to be used for a cottage cluster project may remain within the cottage cluster project area provided they comply with the standards in subsections 1 – 4 below. These standards may not be adjusted.

(a) Development of new triplexes, fourplexes, cottage clusters and townhouses, and those created through conversion of existing detached single-unit dwellings or duplexes, is allowed on lots or parcels with sufficient infrastructure.

(b) Applicants must demonstrate that sufficient infrastructure is provided, or will be provided, upon submittal of a triplex, fourplex, townhouse, or cottage cluster development application.

(c) For purposes of this subsection (7): “Sufficient Infrastructure” means the following level of public services to serve triplexes, fourplexes, townhouses or cottage cluster development:

(a) Minimizes the number of transmission towers throughout the community;

(b) Encourages the collocation of telecommunication facilities;

(c) Encourages the use of existing buildings, light or utility poles or water towers as opposed to construction of new telecommunication towers;

(d) Recognizes the need of telecommunication providers to build out their systems over time; and

(e) Ensures that all telecommunication facilities, including towers, antennas, and ancillary facilities are located and designed to minimize the visual impact on the immediate surroundings and throughout the community, and minimize public inconvenience and disruption. Nothing in this section shall apply to amateur radio antennas, or facilities used exclusively for the transmission of television and radio signals.

(a) Outright Permitted Uses. No land use permit is required for a telecommunication facility which, pursuant to subsections (3) through (5) of this section, is an outright permitted use. Such a telecommunication facility shall require only a development permit or permits.

(b) Site Review. A telecommunication facility which, pursuant to subsections (3) through (5) of this section, is subject to site review shall be processed in accordance with the site review procedures of this land use code. The criteria contained in this section, as well as the criteria contained in EC 9.8440 Site Review Approval Criteria – General/Discretionary, shall govern approval or denial of the site review application. In the event of a conflict in criteria, the criteria contained in this section shall govern. No development permit shall be issued prior to completion of the site review process, including any local appeal.

(c) Conditional Use Permit. A telecommunication facility which, pursuant to subsections (4) or (5) of this section, requires a conditional use permit shall be processed in accordance with the conditional use permit procedures of this land use code, except that the variance provisions shall not apply. The criteria contained in EC 9.8090 Conditional Use Permit Approval Criteria – General/Discretionary and subsections (6) and (7) of this section shall govern approval or denial of the conditional use permit application. In the event of a conflict in criteria, the criteria contained in subsections (6) and (7) of this section shall govern. No development permit shall be issued prior to completion of the conditional use permit process, including any local appeal.

(a) Permitted Use. Collocation of an additional antenna on an existing transmission tower shall be considered an outright permitted use if property is zoned GO, PL, S, C-2, C-3, E-1, E-2, I-2, or I-3 or if the transmission tower is in any other zone and the city specifically approved, as part of a prior land use process authorizing the transmission tower, collocation of additional antennas.

(b) Site Review. Collocation of an additional antenna on an existing transmission tower shall be subject to site review approval if property is zoned AG, R-1, C-1 or PRO and approval for collocation was not granted through a prior land use process.

(a) Permitted Use. Such collocation on a building, light or utility pole, or water tower, shall be considered an outright permitted use provided that the antennas and ancillary facilities comply with the standards contained in EC 9.5750 Telecommunications Devices-Siting Requirements and Procedures, the color of the antennas blends in with the existing structure and surroundings, and one of the following is met:

(b) Site Review. Such collocation on a building, light or utility pole, or water tower shall be subject to site review approval provided that the antennas and ancillary facilities comply with the standards contained in EC 9.5750 Telecommunications Devices-Siting Requirements and Procedures, the color of the antennas blend in with the existing structure and surroundings, and:

(c) Conditional Use Permit. In all cases other than those listed in subparagraphs (a) and (b), such collocation shall require a conditional use permit. No exceptions to the standards contained in EC 9.5750 Telecommunications Devices-Siting Requirements and Procedures shall be permitted except as authorized by subsection (9) of this section. In no event shall a conditional use permit authorize a tower or antennas to exceed the height limitation for a zone as established by Chapter 9 except as provided for in this section.

(a) Permitted Use.

(b) Site Review. Such construction shall require site review approval in the PL, C-2, C-3, and S-WS zones.

(c) Conditional Use Permit. Such construction shall require a conditional use permit in the R-1, C-1, S (other than S-WS) and GO zones.

(d) Prohibited Zones and Locations. No new transmission tower shall be permitted in any zones not included in subparagraphs (a) to (c) above, including the AG, R-2, R-3, R-4, H, NR, and PRO zones; or in the Willamette River Greenway, on Gillespie Butte above the elevation of 450 feet, on the ridgeline as defined in the South Hills Study or on Judkins Point.

(a) Collocation of Antennas. In addition to standard required application material, an applicant for collocation of antennas shall submit the following information; additional application material is required, as specified in paragraph (c) below, for applications requiring a site review or conditional use process.

(b) Construction of Transmission Tower. In addition to standard required application material, an applicant for a transmission tower shall submit the following information; additional application material is required, as specified in paragraph (c) below, for applications requiring a site review or conditional use process:

(c) Site Review and Conditional Use Permit Applications. In addition to the application requirements specified in paragraph (b) above, applications for site review or conditional use permits also shall include the following information:

(a) Separation Between Transmission Towers. No transmission tower may be constructed within 2000 feet of any pre-existing transmission tower. Tower separation shall be measured by following a straight line from the portion of the base of the proposed tower which is closest to the base of any pre-existing tower. For purposes of this paragraph, a tower shall include any transmission tower for which the city has issued a development permit, or for which an application has been filed and not denied. Transmission towers constructed or approved prior to February 26, 1997 may be modified to accommodate additional providers consistent with provisions for collocation in this section.

(b) Height Limitation: Transmission tower heights shall be governed by this section except as provided for below. No transmission tower shall exceed the maximum heights provided below. In no case shall a variance be granted from the limitations of subparagraphs (1) through (4) below.

(c) Collocation. New transmission towers shall be designed to accommodate collocation of additional providers:

(d) Setback. The following setbacks from adjacent property lines and adjacent streets shall be required unless a variance is granted pursuant to the provisions of subsection (9) of this section:

(e) Buffering. In all zones, existing vegetation shall be preserved to the maximum extent possible. In the E-1, E-2, I-2 and I-3 zones, no buffering is required beyond that required by this land use code. In all other zones, landscaping shall be placed completely around the transmission tower and ancillary facilities located at ground level except as required to access the facility. Such landscaping shall consist of evergreen vegetation with a minimum planted height of 6 feet placed densely so as to form a screen. Landscaping shall be compatible with other nearby landscaping and shall be kept healthy and well maintained.

(f) Noise Reduction. In R-1, R-2, R-3, R-4, C-1, and GO and in all other zones when the adjacent property is zoned for residential use or occupied by a dwelling, hospital, school, library, or nursing home, noise generating equipment shall be sound-buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 45dBa.

(g) Status of Location. No permit may be issued for the location of a new telecommunications facility within an R-1 or C-1 zone unless the lot on which it is to be placed is vacant or developed with a non-residential use at the time the permit application is submitted. This restriction does not apply within other zones.

(h) Lighting. No lighting shall be permitted on transmission towers except that required by the Federal Aviation Administration. No high intensity white lights may be located on transmission towers in an R-1, C-1, or PRO zone.

(i) Color. The transmission tower and attached antennas shall be unpainted galvanized steel or painted neutral colors or such shades as are appropriate and compatible with the surrounding environment, as approved by the city.

(j) Viewshed. The transmission tower shall be located down slope from the top of a ridgeline so that when viewed from any point along the northern right-of-way line of 18th Avenue, the tower does not interrupt the profile of the ridgeline or Spencer Butte. In addition, a transmission tower shall not interrupt the profile of Spencer Butte when viewed from any location in Amazon Park. Visual impacts to prominent views of Skinner Butte, Judkins Point, and Gillespie Butte shall be minimized to the greatest extent possible. Approval for location of a transmission tower in a prominent view of these Buttes shall be given only if location of the transmission tower on an alternative site is not possible as documented by application materials submitted by the applicant, and the transmission tower is limited in height to the minimum height necessary to provide the approximate coverage the tower is intended to provide.

(k) Display. No signs, striping, graphics or other attention getting devices are permitted on the transmission tower or ancillary facilities except for warning and safety signage with a surface area of no more than 3 square feet. Such signage shall be affixed to a fence or ancillary facility and the number of signs is limited to no more than 2.

(a) Any variance to the requirements of this section shall be granted only pursuant to the following provisions. The criteria for granting a variance shall be limited to this section, and shall not include the standard variance criteria beginning at EC 9.8750 Purpose of Variances.

(b) The city may grant a variance from the provisions of subsection (7)(a) of this section providing the applicant demonstrates that:

(c) The city may grant a variance to the setback and undergrounding requirements of subsections (7)(d) or (8) upon finding that stealth design, proposed landscaping, configuration of the site, or the presence of mature trees obviates the need for compliance.

(d) The city may grant a variance to the 75 foot height limitation in the R-1 zone to a maximum of 100 feet providing the applicant demonstrates that a transmission tower taller than 75 feet will directly eliminate the need for 1 or more additional transmission towers in an R-1 zone.

(e) If the proposed transmission tower or ancillary facility requires site review or a conditional use permit, the request for variance shall be considered as part of the site review or conditional use permit process. If the proposed transmission tower or ancillary facility is an outright permitted use, the request for a variance shall be processed pursuant to Type II application procedures beginning at EC 9.7200 General Overview of Type II Application Procedures except that the decision shall be based on the criteria in this section.

(a) All transmission towers and antennas shall be removed by the person who constructed the facility, by the person who operates the facility, or by the property owner, within 6 months of the time that the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices. The city manager may grant a 6-month extension where a written request has been filed, within the initial 6-month period, to reuse the tower or antennas.

(b) If a transmission tower is located within an R-1, PL, C-1 or GO zone, the provisions of subparagraph (a) also shall apply to the tower substructure and all above ground ancillary facilities.

(c) The city may require the posting of an open ended bond before development permit issuance to insure removal of the transmission tower, substructure or antennas after the facility no longer is being used.

(a) Are allowed by the zone but do not meet the normal development standards. Examples include, but are not limited to, Christmas tree sales or parking lot sales in a commercial zone.

(b) If permanent, would not be allowed by the base zone. An example is a church carnival in a residential zone. Temporary activities include, but are not limited to:

(a) Permanent changes to the development site to specifically accommodate the temporary activity are prohibited.

(b) Temporary parking areas for use during the construction of a building are allowed on the development site only during the period of construction. They must be removed within 1 month of issuance of a certificate of occupancy for the building. The land must be restored to the condition it was in before the development of the temporary parking area unless an alternative development was approved for the location by the city.

(c) All signs associated with the temporary activity must be located on the site of the temporary activity, may not be placed in the public right of way or vision clearance area, and must be removed when the activity ends.

(d) Temporary activities on development sites where the primary use is a conditional use may not violate the conditions of approval for the primary use.

(e) Notwithstanding any other provisions of this land use code, temporary activities and structures needed as the result of a natural disaster or other health and safety emergencies are allowed for the duration of the emergency.

(f) These regulations do not exempt the operator of any temporary activity from any other required permits such as, but not limited to, sanitation facility permits or electrical permits.

(g) A temporary construction trailer is allowed on a construction site if a development permit application for a permanent structure on the development site is submitted to the city within 90 days of siting the temporary construction trailer. A temporary construction trailer may remain on the development site until the construction is completed.

(a) In addition to the standards in subsection (4) of this section, the standards for temporary activities in areas with a broad zone category of agricultural, residential or S-H Historic zone (See Table 9.1030 Zones) are as follows:

(b) The standards for temporary activities in areas in the broad zone category of commercial, employment and industrial, or special (except S-H zones) are as follows:

(c) The regulations for the zone category of government and education and park and open space (excluding the NR natural resource zone) are as follows:

(a) Not allowing wildlife waste to adversely affect the health of the wildlife itself, property residents, or neighbors.

(b) Taking necessary steps to ensure odors are not detectable beyond property lines.

(c) Storing all wildlife food in rodent and pest resistant containers.

(a) Multiple-unit development on property abutting land zoned R-1, S-C/R-1, or S-RN/LDR except where the multiple-unit development consists of structures less than 30 feet in height.

(b) Assisted care, boarding and rooming house, campus living organization, university or college dormitory, or single room occupancy (SRO), proposed on property abutting land zoned R-1, S-C/R-1, or S-RN/LDR.

In cases where the standards in subsection (2) apply to building additions, they shall be applicable between the addition and any property line abutting land zoned R-1, S-C/R-1, or S-RN/LDR.

(a) Height and Setback Options. The proposed development must comply with one of the following four options:

2. Option 2. The minimum interior yard setback shall be 10 feet from the portion of any property line land zoned R-1, S-C/R-1, or S-RN/LDR. In addition:

a. At a point that is 25 feet above grade at the property line, the interior yard setback shall slope toward the interior of the property at the rate of 10 inches vertically for every 12 inches horizontally away from that property line until a point 25 feet away from the property line. (See Figure 9.5860(2)(a)2.a. Transition Standards Option 2 Sloped Setback).

b. For new buildings or building additions within 25 feet of R-1, S-C/R-1, or S-RN/LDR zoned property, trees growing to a mature height of at least 20 feet shall be planted at a minimum interval of 25 feet, parallel to the property line, between buildings and any property line that abuts land zoned R-1, S-C/R-1, or S-RN/LDR. In addition, one of the following shall be provided along the portion of any property line that abuts or is directly across a public alley from land zoned R-1, S-C/R-1, or S-RN/LDR:

(1) A 6-foot high, 100 percent sight-obscuring wooden fence or masonry wall.

(2) A 6-foot high metal fence with high shrubs planted every 6 feet. Chain link or cyclone fences are not allowed. For the purpose of this subparagraph, high shrubs must be:

(a) Selected from the City of Eugene Plant Materials list approved by administrative order of the city manager;

(b) Designated in the City of Eugene Plant Materials list as meeting the high shrub requirement; and

(c) In at least 5-gallon containers at the time of planting.

(b) Allowed Intrusions Into Setbacks. In lieu of the permitted setback intrusions provided at EC 9.6745(3) the following intrusions are allowed within the interior yard setback area described in EC 9.5860(2)(a)2 through 3:

(c) Outdoor Spaces Located Above the Ground Floor. Balconies, decks and other outdoor spaces located above the ground floor shall be set back at least 20 feet from any property line that abuts land zoned R-1, S-C/R-1, or S-RN/LDR.

(d) Tree Exception. An exception to the tree planting required by subsection (2)(a)2.b of this section is allowed if the applicant provides a signed and notarized letter from the abutting property owner stating that the abutting property owner does not desire the trees required by this section. This exception does not apply to trees required by other applicable standards. Future development proposals subject to the standards in this section will need to obtain a separate exception from the tree planting requirements of this section.