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Eugene City Zoning Code

GENERAL STANDARDS

FOR ALL DEVELOPMENT

9.6000 Purpose and Applicability.

Unless otherwise provided in sections 9.6000 through 9.6870 of this land use code, those sections describe the general standards that apply to the entire development site at the time of any development. When an area is zoned S Special Area, as indicated on the Eugene Zoning Map, the general development standards set forth in this land use code shall govern, except when they conflict with the special standards applicable specifically in the special area zone. In cases of conflict, the standards specifically applicable in the special area zone shall control.

(Section 9.6000, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; and amended by Ordinance No. 20266, enacted November 12, 2002, effective December 12, 2002.)

9.6010 Applications Proposing Housing.

(1) As used in EC chapter 9.6000, the term “applications proposing housing to be reviewed with clear and objective approval criteria” includes:

(a) Applications that are proceeding (or have proceeded) under EC 9.8100, 9.8220, 9.8325, 9.8445, or 9.8520; or

(b) Applications for housing developments for residential uses permitted outright in the subject zone that are entitled to clear and objective standards pursuant to state statutes.

(2) The term does not include an application that could have proceeded under EC 9.8100, 9.8220, 9.8325, 9.8445, or 9.8520, but the applicant elected to proceed under the discretionary approval process.

(Section 9.6010, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023.)

9.6100 Purpose of Bicycle Parking Standards.

Sections 9.6100 through 9.6110 set forth requirements for off-street bicycle parking areas based on the use and location of the property. Bicycle parking standards are intended to provide safe, convenient, and attractive areas for the circulation and parking of bicycles that encourage the use of alternative modes of transportation. Long-term bicycle parking space requirements are intended to accommodate employees, students, residents, commuters, and other persons who expect to leave their bicycle parked for more than 2 hours. Short term bicycle parking spaces accommodate visitors, customers, messengers, and other persons expected to depart within approximately 2 hours.

(Section 9.6100, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6105 Bicycle Parking Standards.

(1) Exemptions from Bicycle Parking Standards. The following are exempt from the bicycle parking standards of this section:

(a) Site improvements that do not include bicycle parking improvements.

(b) Building alterations.

(c) Drive-through only establishments.

(d) Temporary activities as defined in EC 9.5800 Temporary Activity Special Development Standards.

(e) Bicycle parking at Autzen Stadium Complex (see EC 9.6105(6) Autzen Stadium Complex Bicycle Parking Standards).

(2) Bicycle Parking Space Standards.

(a) The minimum required number of bicycle parking spaces for each use category is listed in EC 9.6105(5) Minimum Required Bicycle Parking Spaces. A minimum of 4 bicycle parking spaces shall be provided at each development site, unless no spaces are required by Table 9.6105(5).

(b) Bicycle parking spaces required by this land use code shall comply with the following:

1. Perpendicular or diagonal spaces shall be at least 6 feet long and 2 feet wide with an overhead clearance of at least 7 feet, and with a 5 foot access aisle. This minimum required width for a bicycle parking space may be reduced to 18" if designed using a hoop rack according to Figure 9.6105(2) Bicycle Parking Standards.

2. Bicycles may be tipped vertically for storage, but not hung above the floor. Such vertical parking spaces shall be at least 2 feet wide, 4 feet deep, and no higher than 6 feet, and have a 5 foot access aisle.

3. Except pie-shaped lockers, bicycle lockers shall be at least 6 feet long, 2 feet wide and 4 feet high, and have a 5 foot access aisle.

4. Pie-shaped bicycle lockers shall be at least 6 feet long, 3 feet wide at the widest end, and 4 feet high, and have a 5 foot access aisle

(c) With the exception of individual bicycle lockers, enclosures or rooms, long term and short term bicycle parking shall consist of a securely fixed structure that supports the bicycle frame in a stable position without damage to wheels, frame, or components and that allows the frame and both wheels to be locked to the rack by the bicyclist's own locking device.

(d) Areas devoted to required bicycle parking spaces shall be hard surfaced with concrete, compacted asphaltic concrete mix, pavers or an equivalent. All racks and lockers shall be securely anchored to such surface.

(e) Direct access from the bicycle parking area to the public right-of-way shall be provided with access ramps, if necessary, and pedestrian access from the bicycle parking area to the building entrance.

(3) Long Term Bicycle Parking Location and Security.

(a) Long term bicycle parking required in association with a commercial, employment and industrial, or institutional use shall be provided in a well-lighted, secure location, sheltered from precipitation and within a convenient distance of a main entrance. A secure location is defined as one in which the bicycle parking is:

1. A bicycle locker,

2. A lockable bicycle enclosure, or

3. Provided within a lockable room with racks complying with space standards at EC 9.6105(2).

(b) Long term bicycle parking required in association with a multiple-unit residential use shall be provided in a well-lighted, secure location sheltered from precipitation, and within a convenient distance of an entrance to the residential unit. A secure location is defined as one in which the bicycle parking is provided outside the residential unit within:

1. A lockable garage;

2. A lockable room serving multiple dwelling units with racks complying with space standards at EC 9.6105(2);

3. A lockable room serving only one dwelling unit;

4. A lockable bicycle enclosure; or

5. A bicycle locker.

(c) Long term bicycle parking shall be provided at ground level unless a ramp no less than 2 feet in width or an elevator with a minimum depth or width of 6 feet is easily accessible to an approved bicycle parking area. If bicycle parking is provided on upper floors, the number of required spaces provided on each floor cannot exceed the number of spaces required for the use on that floor as per Table 9.6105(5).

(4) Short Term Bicycle Parking Location and Security.

(a) Short term bicycle parking shall be provided:

1. Outside a building;

2. At the same grade as the sidewalk or at a location that can be reached by a bike-accessible route; and

3. Within a convenient distance of, and clearly visible from the main entrance to the building as determined by the city, but it shall not be farther than the closest automobile parking space (except disabled parking).

(b) Short term bicycle parking may project into or be located within a public right-of-way, subject to the city’s approval of a revocable permit under Chapter 7 of this code.

(c) Shelters for short term bicycle parking shall be provided in the amounts shown in Table 9.6105(4)(c) Required Sheltered Bicycle Parking Spaces.

Table 9.6105(4)(c) Required Sheltered Bicycle Parking Spaces

Short Term Bicycle Parking Requirement

Percentage of Sheltered Spaces

5 or fewer

No shelter required

6 to 10

100% of spaces sheltered

11 to 29

50% of spaces sheltered

30 or more

25% of spaces sheltered

(5) Minimum Required Bicycle Parking Spaces. The minimum required number of bicycle parking spaces shall be calculated according to Table 9.6105(5) Minimum Required Bicycle Parking Spaces.

Table 9.6105(5) Minimum Required
Bicycle Parking Spaces

Uses

Required Bicycle Parking

(Minimum 4 bicycle spaces required unless – 0 – is indicated.)

Type and % of Bicycle Parking

Accessory Uses

All Uses in this category

– 0 –

NA

Agricultural, Resource Production and Extraction

All Uses in this category

1 per each 600 square feet of floor area.

100% short term

Eating and Drinking Establishments

All Uses in this category

1 per each 600 square feet of floor area.

25% long term

75% short term

Education, Cultural, Religious, Social and Fraternal

Artist Gallery/Studio

1 per each 500 square feet of floor area.

25% long term

75% short term

Ballet, Dance, Martial Arts, and Gymnastic School/Academy/Studio

1 per each 400 square feet of floor area.

25% long term

75% short term

Church, Synagogue, and Temple, including associated residential structures for religious personnel

1 per 20 fixed seats or 40 feet of bench length or every 200 square feet in main auditorium where no permanent seats or benches are maintained (sanctuary or place of worship).

100% short term

Club and Lodge of State or National Organization

1 per 20 fixed seats or 40 feet of bench length or every 200 square feet where no permanent seats or benches are maintained in main auditorium.

100% short term

Library

1 per each 500 square feet of floor area.

25% long term

75% short term

Museum

1 per each 500 square feet of floor area.

25% long term

75% short term

School, Business or Specialized Educational Training (excludes driving instruction)

1 per 5 full-time students.

25% long term

75% short term

School, Driving (including use of motor vehicles)

1 per each 3000 square feet of floor area.

25% long term

75% short term

School, Public or Private (Elementary through High School)

1 per 8 students.

25% long term

75% short term

University or College

1 per 5 full-time students.

25% long term

75% short term

Entertainment and Recreation

Amusement Center (Arcade, pool tables, etc.)

1 per each 400 square feet of floor area.

25% long term

75% short term

Arena (Both indoors and outdoors)

1 per 20 seats.

25% long term

75% short term

Athletic Facilities and Sports Clubs

 – Playing Court

1 per 5 courts.

25% long term

75% short term

 – Viewing Area

1 per each 280 square feet of floor area.

25% long term

75% short term

 – Locker Room, Sauna, Whirlpool, Weight Room, or Gymnasium

1 per each 750 square feet of floor area.

25% long term

75% short term

 – Lounge or Snack Bar Area

1 per each 600 square feet of floor area.

25% long term

75% short term

 – Pro Shops or Sales Area

1 per each 3000 square feet of floor area.

25% long term

75% short term

 – Swimming Pool

1 per each 2000 square feet of floor area.

25% long term

75% short term

Athletic Field, Outdoor

4 per each athletic field

% short term

Bowling Alley

1 per each lane.

25% long term

75% short term

Equestrian Academy and Stable

– 0 –

NA

Equestrian Trail

– 0 –

NA

Golf Course, Miniature Indoor

1 per each 400 square feet of floor area.

25% long term

75% short term

Golf Course, Miniature Outdoor

1 per each 400 square feet of floor area.

25% long term

75% short term

Golf Course, with or without country club

– 0 –

NA

Golf Driving Range

1 per each 400 square feet of floor area.

25% long term

75% short term

Park and Playground

4 per park or playground

100% short term

Race Track, including drag strip and go-cart track

1 per 20 seats.

25% long term

75% short term

Theater, Live Entertainment

1 per 20 seats.

25% long term

75% short term

Theater, Motion Picture

1 per 20 seats.

25% long term

75% short term

Financial Services

Automated Teller Machine (ATM)

– 0 –

NA

Bank, Savings and Loan Office, Credit Union

1 per each 3000 square feet of floor area.

25% long term

75% short term

Government

Government Services, not specifically listed in this or any other uses and permits table

1 per each 3000 square feet of floor area.

25% long term

75% short term

Information Technology Services

All Uses in this category

1 per each 2750 square feet of floor area

25% long term

75% short term

Lodging

Bed and Breakfast Facility

1 per 10 guest bedrooms.

100% long term

Homeless Shelter in Existence as of January 1, 1984

1 per 20 beds.

75% long term

25% short term

Homeless Shelter not in existence as of January 1, 1984

1 per 20 beds.

75% long term

25% short term

Hotel, Motel, and similar business providing overnight accommodations

1 per 10 guest rooms.

75% long term

25% short term

Recreational Vehicle Park, may include tent sites (See EC 9.5600)

– 0 –

NA

Manufacturing

All uses in this category excluding storage uses

1 per each 3000 square feet of floor area.

75% long term

25% short term

Storage

– 0 –

NA

Medical, Health, and Correctional Services

Blood Bank

1 per each 3000 square feet of floor area.

100% short term

Correctional Facility, excluding Residential Treatment Center

1 per 20 beds.

75% long term

25% short term

Hospital, Clinic, or other Medical Health Treatment Facility (including mental health) in excess of 10,000 square feet of floor area

1 per each 3000 square feet of floor area.

75% long term

25% short term

Hospital, Clinic or other Medical Health Treatment Facility (including mental health) 10,000 square feet or less of floor area

1 per each 3000 square feet of floor area.

75% long term

25% short term

Laboratory – Medical, Dental, X-Ray

1 per each 3000 square feet of floor area.

25% long term

75% short term

Meal Service, Non-Profit

1 per each 3000 square feet of floor area.

25% long term

75% short term

Nursing Home

1 per 15 beds.

75% long term

25% short term

Plasma Center, must be at least 800 feet between Plasma Centers

1 per 15 beds.

75% long term

25% short term

Residential Treatment Center

1 per 15 beds.

75% long term

25% short term

Motor Vehicle Related Uses

Car Wash

– 0 –

NA

Motor Vehicle Sales/Rental/Service, excluding motorcycles, recreational vehicles and heavy trucks

1 per each 6000 square feet of floor area.

100% short term

Motorcycle Sales/Rental/Service

1 per each 6000 square feet of floor area.

100% short term

Parking Area not directly related to a primary use on the same development site

– 0 –

NA

Parts Store

1 per each 3000 square feet of floor area.

100% short term

Recreational Vehicles and Heavy Truck, Sales/Rental/Service

1 per each 4000 square feet of floor area.

100% short term

Repair, includes paint and body shop

1 per each 6000 square feet of floor area.

100% short term

Service Station, includes quick servicing

1 per each 6000 square feet of floor area.

100% short term

Structured Parking, two levels not directly related to a primary use on the same development site

10% of auto spaces.

100% long term

Structured Parking, three or more levels not directly related to a primary use on the same development site

10% of auto spaces.

100% long term

Tires, Sales/Service

1 per each 6000 square feet of floor area.

100% short term

Transit Park and Ride, Major or Minor, only when shared parking arrangement with other permitted use

– 0 –

NA

Transit Park and Ride, Major or Minor

10% of auto spaces.

25% long term

75% short term

Transit Station, Major or Minor

– 0 –

NA

Office Uses

All Uses in this category

1 per each 3000 square feet of floor area.

25% long term

75% short term

Personal Services

All Personal Services Uses, except Barber, Beauty, Nail, Tanning Shop and Laundromat

1 per each 3000 square feet of floor area.

25% long term

75% short term

Barber, Beauty, Nail, Tanning Shop

1 per each 2000 square feet of floor area

25% long term

75% short term

Laundromat, Self-Service

1 per each 2000 square feet of floor area

25% long term

75% short term

Residential

Single-Unit Dwelling

– 0 –

NA

Accessory Dwelling (Either attached or detached from primary dwelling on same lot)

– 0 –

NA

Middle Housing

– 0 –

NA

Multiple Unit Dwelling (5 or more dwellings on same lot)

1 per dwelling.

100% long term

Manufactured Home Park

– 0 –

NA

Controlled Income and Rent Housing where density is above that usually permitted in the zoning yet not to exceed 150%

1 per dwelling.

100% long term

Assisted Care & Day Care

 – Assisted Care (5 or fewer people living in facility and 3 or fewer outside employees on site at any one time)

– 0 –

NA

 – Assisted Care (6 or more people living in facility)

1 per 10 employees

100% long term

 – Day Care (4 to 16 people served)

– 0 –

NA

 – Day Care (17 or more people served)

1 per 10 employees

100% long term

Rooms for Rent

 – Boarding and Rooming House

1 per guest room.

100% long term

 – Campus Living Organizations, including Fraternities and Sororities

1 for each 2 occupants for which sleeping facilities are provided.

100% long term

 – Single Room Occupancy

1 per dwelling (4 single rooms are equal to 1 dwelling).

100% long term

 – University and College Dormitories

1 for each 2 occupants for which sleeping facilities are provided.

100% long term

Trade (Retail and Wholesale)

Agricultural Machinery Rental/Sales/Service

1 per each 4000 square feet of floor area.

25% long term

75% short term

Appliance Sales/Service

1 per each 6000 square feet of floor area.

25% long term

75% short term

Boat and Watercraft Sales/Service

1 per each 6000 square feet of floor area.

25% long term

75% short term

Building Materials and Supplies

1 per each 6000 square feet of floor area.

25% long term

75% short term

Convenience Store

1 per each 3000 square feet of floor area.

25% long term

75% short term

Equipment, Light, Rental/Sales/Service

1 per each 4000 square feet of floor area.

25% long term

75% short term

Equipment, Heavy, Rental/Sales/Service – includes truck and tractor sales

1 per each 4000 square feet of floor area.

25% long term

75% short term

Furniture and Home Furnishing Store

1 per each 6000 square feet of floor area.

25% long term

75% short term

Garden Supply/Nursery

1 per each 6000 square feet of floor area.

25% long term

75% short term

Garden Supply/Nursery, including feed and seed store

1 per each 6000 square feet of floor area.

25% long term

75% short term

General Merchandise (includes supermarket and department store)

1 per each 3000 square feet of floor area.

25% long term

75% short term

Hardware/Home Improvement Store

1 per each 6000 square feet of floor area.

25% long term

75% short term

Healthcare Equipment and Supplies

1 per each 3000 square feet of floor area.

25% long term

75% short term

Liquor Store

1 per each 3000 square feet of floor area.

25% long term

75% short term

Manufactured Dwelling Sales/Service/Repair

1 per each 3000 square feet of floor area.

25% long term

75% short term

Office Equipment and Supplies

1 per each 3000 square feet of floor area.

25% long term

75% short term

Plumbing Supplies and Services

1 per each 6000 square feet of floor area.

25% long term

75% short term

Regional Distribution Center

1 per each 6000 square feet of floor area.

25% long term

75% short term

Retail Trade when secondary, directly related, and limited to products manufactured, repaired, or assembled on the development site

1 per each 3000 square feet of floor area.

25% long term

75% short term

Storage Facility, Household/Consumer Goods

– 0 –

NA

Storage Facility, Household/Consumer Goods, enclosed

– 0 –

NA

Shopping center with at least 2 or more businesses and at least 50,000 square feet of gross floor area

1 per each 3000 square feet of floor area.

25% long term

75% short term

Specialty Store (An example includes a gift store)

1 per each 3000 square feet of floor area.

25% long term

75% short term

Storage Facility

– 0 –

NA

Wholesale Trade

– 0 –

NA

Utilities and Communication

All Uses in Utilities and Communication Category, except for Broadcasting Studios

– 0 –

NA

Broadcasting Studio, Commercial and Public Education

1 per each 3000 square feet of floor area.

25% long term

75% short term

Other Commercial Services

Building Maintenance Service

1 per each 3000 square feet of floor area.

100% short term

Catering Service

1 per each 3000 square feet of floor area.

25% long term

75% short term

Cemetery, includes crematoria, columbaria, and mausoleums

– 0 –

NA

Collection Center, Collection of Used Goods (See EC 9.5150)

– 0 –

NA

Garbage Dump, sanitary landfill

– 0 –

NA

Heliport and Helistop

– 0 –

NA

Home Occupation (See EC 9.5350)

– 0 –

NA

Kennel

– 0 –

NA

Model Home Sales Office

– 0 –

NA

Mortuary

1 per each 280 square feet in main auditorium.

100 % short term

Photographers’ Studio

1 per each 3000 square feet of floor area.

100 % short term

Picture Framing and Glazing

1 per each 3000 square feet of floor area.

100 % short term

Printing, Blueprinting, Duplicating

1 per each 3000 square feet of floor area.

25% long term

75% short term

Publishing Service

1 per each 3000 square feet of floor area.

25% long term

75% short term

Temporary Activity (See EC 9.5800)

– 0 –

NA

Train Station

1 per each 3000 square feet of floor area.

75% long term

25% short term

Upholstery Shop

1 per each 3000 square feet of floor area.

100% short term

Veterinarian Service

1 per each 6000 square feet of floor area

100% short term

Wildlife Care Center

1 per each 6000 square feet of floor area

100% short term

(6) Autzen Stadium Complex Bicycle Parking Standards.

(a) So long as a city-approved intergovernmental agreement incorporating a transportation demand management plan for Autzen Stadium complex is in effect:

1. A minimum of 150 permanent bicycle parking spaces are required to be provided to accommodate employees of the Autzen Stadium complex, athletes using the complex, and visitors to the complex. Twenty-five percent (25%) of those spaces shall be sheltered from precipitation. The permanent bicycle parking spaces shall be provided in a well-lighted, secure location within a convenient distance of a primary employee entrance to either Autzen Stadium, the Casanova Center, or the Moshofsky Center. A secure location is defined as one in which the bicycle parking is clearly visible from employee work areas, or in which the bicycle parking is provided within a lockable room, a lockable bicycle enclosure, or a bicycle locker. Bicycle parking provided in outdoor locations shall not be farther than the closest employee auto parking space (except disabled parking).

2. Secured temporary bicycle parking that will accommodate a minimum of 550 temporary bicycle parking spaces is required for each major event occurring within Autzen Stadium to accommodate major stadium event patrons. Temporary bicycle parking shall be provided in temporary attended areas as described in the approved Autzen Stadium transportation demand management plan.

(b) If the above referenced intergovernmental agreement is not in effect, the Autzen Stadium Complex shall be required to provide 1 bicycle space per each 16 seats, with 20% of the spaces provided being long term parking spaces and 80% being short term parking spaces.

(Section 9.6105, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20492, enacted May 14, 2012, effective June 15, 2012; Ordinance No. 20526, enacted March 12, 2014, effective April 12, 2014; Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20557, enacted July 27, 2015, effective August 30, 2015; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020, remanded on November 24, 2020, and provisions administratively removed; Ordinance No. 20659, enacted September 15, 2021, effective September 17, 2021; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6110 Adjustments to Bicycle Parking Standards.

Adjustments may be made to the standards of EC 9.6100 through 9.6105 if consistent with the criteria in EC 9.8030(9) Bicycle Parking Standards Adjustment of this land use code.

(Section 9.6110, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6200 Purpose of Landscape Standards.

Landscape standards are designed to:

(1) Improve the appearance and visual character of the community.

(2) Promote compatibility between all land uses by reducing the visual, noise, and lighting impacts of development on adjacent properties.

(3) Unify development, and enhance and define public and private spaces on a site.

(4) Reduce the visual impact of glare, headlights, and parking lot lights from the public right-of-way and from adjoining properties.

(5) Reduce the area of impervious surfaces.

(6) Reduce the level of carbon dioxide in areas of heavy vehicle use and return pure oxygen to the atmosphere.

(7) Encourage safe and efficient on-site circulation.

(8) Encourage the retention and use of existing vegetation.

(9) Provide shade as a means of mitigating heat and exposure in parking lots and other paved areas.

(10) Encourage efficient water use and conservation.

(Section 9.6200, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6205 Landscape Standards.

The landscape standards reflected in Table 9.6205 and EC 9.6207 – 9.6255 establish minimum landscape requirements that apply to any development, except:

(1) Building alterations.

(2) Site improvements not listed in Table 9.6205.

(3) Change of use.

Table 9.6205 Landscaping Required by this Land Use Code

L-1 Basic

L-2 Low Screen

L-3 High Screen

L-4 High Wall

L-5 Partial Screen Fence

L-6 Full Screen Fence

L-7 Massed

Electrical Substation EC 9.2010, 9.2160, 9.2450, 9.2630, 9.2682(1)(b) 9.2740, 9.3310, 9.3910, 9.4640(2)(i), 9.6410 unless fully enclosed within a building or approved through a Type II procedure that shows low visual impact.

x

Fiber Optic Station

EC 9.2010, 9.2160, 9.2450, 9.2740, 9.3310, 9.3910, 9.6410, unless fully enclosed within a building or approved through a Type II procedure that shows low visual impact.

x

Pump Station, well head, non-elevated reservoir, and other water or sewer facilities (unless fully enclosed within a building or approved through a Type II procedure that shows low visual impact) EC 9.2010, 9.2160, 9.2450, 9.2682(1)(b), 9.2740, 9.3310, 9.3910, 9.4640(2)(i), 9.6410.

x

Commercial Development EC 9.2170(5)(b)

x

Interior Yard Setbacks on Commercially Zoned Property Abutting Residential Zones

EC 9.2170(5)(c)

x

Outdoor Merchandise Display in Commercial Zones

EC 9.2170(8)(b)(2)

x

Garbage Screening in Commercial Zones

EC 9.2170(9)(b)

x

Delivery and Loading Areas on Commercially Zoned Lots Abutting Residential Zones

EC 9.2170(11)(b), 9.2173(9)

x

Drive-Through Service Areas on Commercially Zoned Lots EC 9.2170(12)(c) Standards Vary.

x

x

Interior Yards in Large Commercial Facilities Adjacent to or Facing Residential Zones

EC 9.2173(7)

x

Front Yard Setbacks in E-1 along Arterial Streets

EC 9.2461(3)(b)(1)

x

Front Yard Setbacks in E-1 along Collector or Local Streets

EC 9.2461(3)(b)(1)

x

Front Yard Setbacks in E-2, I-2 and I-3

EC 9.2461(3)(b)(2)

x

Interior Yard Setbacks in E-1 and E-2 Zoned Lots Adjacent To Residentially Zoned Lots

EC 9.2461(3)(c)(1)

x

Interior Yard Setbacks in I-2 and I-3 Adjacent to Residentially Zoned Lots EC 9.2461(3)(c)(2)

x

Garbage Screening in Employment and Industrial Zones (choose one of the three) EC 9.2461(9)(a)

x

x

x

Front Yard Setbacks for Drive-Through Facility Service Area Landscaping in E-1 and E-2 Zones

EC 9.2461(11)(c)

x

Interior Yard Setbacks for Drive-Through Facility Service Area Landscaping in E-1 and E-2 Zones EC 9.2461(11)(c)

x

Delivery and Loading Facilities on Industrially Zoned Lots Abutting Residential Zones

EC 9.2461(12)(b)

x

Outdoor Storage and Display Standards in Employment and Industrial Zones (Standards vary, see Table 9.2461.)

x

x

Multiple-Unit Development

EC 9.5500(8)(c)

x

Recreational Vehicle Park Front Yard Screening EC 9.5600(1)

x

Off-Street Loading Areas in E-1

EC 9.6415(2)(b)

x

Parking Area Landscaping along a Street EC 9.6420(3)(c)(1)(c)

x

Parking Area Entrance Driveway Landscaping

EC 9.6420(3)(c)(2)

x

Interior Yards in Parking Areas Adjacent to Residentially Zoned Property EC 9.6420(3)(d)(3)

x

Parking and Loading Areas Adjacent to Residentially Zoned Property EC 9.6420(3)(d)(3)(a)

x

Parking Areas and Loading Areas Adjacent to Property Not Zoned Residentially

EC 9.6420(3)(d)(3)(b)

x

Structured Parking

EC 9.6420(3)(f)(2)

x

Recycling and Garbage Areas Within or Adjacent to Vehicular Use Areas EC 9.6740

x

(Section 9.6205, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; Ordinance No. 20514, enacted July 22, 2013, effective August 24, 2013; Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6207 Required Plant Materials.

Plants used within required landscape areas shall be selected from the City of Eugene Plant Materials list approved by administrative order of the city manager.

(Section 9.6207, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6210 Description of Landscape Standards.

(1) Basic Landscape Standard (L-1).

(a) Required Plant Materials. Basic Landscape Standard (L-1) requires the installation and maintenance of all of the following:

1. 1 tree per 30 linear feet as measured along the front lot line.

2. 6 shrubs per 30 linear feet as measured along the front lot line.

3. Living plant materials covering a minimum of 70 percent of the required landscape area within 5 years of planting.

The required plant materials may be installed in the required area in any arrangement and do not need to be linear in design.

(b) Exceptions to Required Plant Materials. An exception to the requirement in subsection (a)1. above shall be granted if any of the following conditions exist:

1. Excluding any required parking area landscaping, the landscape area required to comply with the L-1 Basic Landscape Standard is located entirely within 15 feet of a building.

2. The landscape area required to comply with the L-1 Basic Landscape Standard is located on the roof of a building or exposed terrace.

3. The landscape area required to comply with the L-1 Basic Landscape Standard is on a development site that has achieved a Floor Area Ratio (FAR) of at least 1.0.

(c) Criteria for Adjustment. This standard may be adjusted if consistent with the criteria of EC 9.8030(3)(b).

(2) Low Screen Landscape Standard (L-2).

(a) Required Plant Materials. Low Screen Landscape Standard (L-2) requires the installation and maintenance of all of the following:

1. Low shrubs to form a continuous screen at least 30 inches high within 3 years and maintained at a height not to exceed 42 inches.

2. 1 canopy tree per 30 linear feet as measured along the lot line.

3. Living plant materials covering a minimum of 70 percent of the required landscape area within 3 years of planting.

A masonry wall or a berm between 30 and 42 inches high shall be permitted as a substitute for the required low shrubs, but the trees and other plant materials are still required. When applied along street lot lines, the masonry wall is to be placed farthest from the street with the required landscaping in between the wall and street. When applied along an abutting property the masonry wall may be placed along the interior lot line. (See Figure 9.6210(2) Low Screen Landscape L-2.)

(b) Criteria for Adjustment. This standard may be adjusted if consistent with the criteria of EC 9.8030(3)(c).

(3) High Screen Landscape Standard (L-3).

(a) Required Plant Materials. High Screen Landscape Standard (L-3) requires the installation and maintenance of all of the following:

1. High shrubs that are in at least 5 gallon containers at the time of planting to form a continuous screen, at least 6 feet high, within 5 years of planting.

2. 1 canopy tree per 30 linear feet as measured along interior lot lines.

3. Living plant materials covering a minimum of 70 percent of the required landscape area within 5 years of planting.

A masonry wall at least 6 feet high shall be permitted as a substitute for the shrubs but the trees and other plant materials are still required. When this landscape standard is applied along street lot lines, the screen or wall is to be placed farthest from the street with the required landscaping in between the wall and street. When applied along an abutting property the masonry wall may be placed along the interior lot line. (See Figure 9.6210(3) High Screen Landscape L-3.)

(b) Criteria for Adjustment. This standard may be adjusted if consistent with the criteria of EC 9.8030(3)(d).

(4) High Wall Landscape Standard (L-4).

(a) Required Materials. High Wall Landscape Standard (L-4) requires the installation and maintenance of all of the following:

1. Masonry wall at least 6 feet high with a maximum height of 8 feet. When applied along street lot lines, the wall shall be placed farthest from the street with the required landscaping in between the wall and the street. When abutting an adjacent parcel, the wall may be placed along the interior lot line.

2. 1 canopy tree is required per 30 linear feet of wall.

3. 4 high shrubs or vines are required per 30 linear feet of wall, and

4. Living plant material must cover a minimum of 70 percent of the required landscape area within 5 years of planting. (See Figure 9.6210(4) High Wall Landscape (L-4).)

(b) Criteria for Adjustment. This standard may be adjusted if consistent with the criteria of EC 9.8030(3)(e).

(5) Partial Screen Fence Landscape Standard (L-5).

(a) Required Materials. Partial Screen Fence Landscape Standard (L-5) requires the installation and maintenance of fences at least 6 feet high with a maximum height of 8 feet that are at least 50 percent site-obscuring, such as a cyclone fence with slats. Vines are permitted on fences to fulfill the requirement for a screening fence provided they will be 50 percent site-obscuring within 5 years of planting. Fences may be made of wood, metal, masonry, or other permanent materials. (See Figure 9.6210(5) Partial Screen Fence Landscape (L-5).)

(b) Criteria for Adjustment. This standard may be adjusted if consistent with the criteria of EC 9.8030(3)(f).

(6) Full Screen Fence Landscape Standard (L-6).

(a) Required Materials. Full Screen Fence Landscape Standard (L-6) requires the installation and maintenance of fences at least 6 feet high with a maximum height of 8 feet that are 100 percent site-obscuring. Fences may be made of wood, metal, masonry or other permanent materials. (See Figure 9.6210(6) Full Screen Fence Landscape (L-6).)

(b) Criteria for Adjustment. This standard may be adjusted if consistent with the criteria of EC 9.8030(3)(g).

(7) Massed Landscape Standard (L-7).

(a) Required Materials. Massed Landscape Standard (L-7) requires the installation and maintenance of all of the following:

1. Planting linear or non-linear vegetation listed in subparagraphs 2 through 5 of this subsection along the full length of the designated landscape area.

2. 2 canopy trees per 100 linear feet along arterial and collector streets;

3. 5 under-story trees per 100 linear feet along arterial and collector streets.

4. 60 shrubs per 100 linear feet along arterial and collector streets; and

5. Living plant materials covering a minimum of 70 percent of required landscape area within 5 years of planting.

(b) Criteria for Adjustment. This standard may be adjusted if consistent with the criteria of EC 9.8030(3)(h).

(Section 9.6210, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20285, enacted March 10, 2003, effective April 9, 2003; and Ordinance No. 20569, enacted November 14, 2016, effective December 17, 2016.)

9.6215 Credit for Preservation of Heritage Trees.

Variable credit shall be allowed for preservation of heritage trees, as defined in the adopted Eugene Urban Forest Management Plan. The planning and development director shall determine the value of the Heritage Tree, according to formulas established in Valuation of Landscape Trees, Shrubs and Other Plants (International Society of Arboriculture) and shall relieve the contractor/developer from planting a number of trees having a value of up to 50 percent of the value of the Heritage Tree preserved.

(Section 9.6215, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6220 Installation and Maintenance.

Installed plant materials shall meet the standards in the most recent edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. All required landscape areas soils shall extend to the native soil. Plant materials shall be properly supported to ensure survival. Support devices such as guy wires or stakes shall not interfere with vehicular or pedestrian movement. Maintenance of landscaped areas is the ongoing responsibility of the property owner. All landscaping shall be installed and maintained to protect it from vehicular damage through the use of curbing and to provide adequate vision clearance. Required shrubs and trees shall not be pruned or sheared below their code-required spread or height.

(Section 9.6220 amended by Ordinance No. 20249, enacted May 8, 2002, effective June 1, 2002; and Ordinance No. 20297, enacted August 11, 2003, effective September 10, 2003.)

9.6225 Irrigation.

An automatically controlled irrigation system shall be provided for all plant materials used to meet these landscape standards. Drip irrigation and low-gallon systems are encouraged for non-turf areas. The irrigation system need not provide water to unplanted areas, or to areas where existing native plants have been preserved. The irrigation systems shall be maintained and operated in a manner that promotes the health and appearance of the plant material while minimizing water use and avoiding excessive run-off.

(Section 9.6225, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6230 Landscape Plans.

Landscape plans shall be submitted in a manner approved by the city manager. Landscape plans shall show that all proposed landscaped areas and landscape materials comply with the applicable landscape standards in this land use code.

(Section 9.6230 amended by Ordinance No. 20235, enacted October 8, 2001, effective October 10, 2001.)

9.6235 Plant Materials Standards.

(1) Shrubs and Ground Cover. All required plant materials shall be of sufficient size and number to meet the required 70 percent coverage standard within 3 to 5 years according to the type of landscape standard being addressed. Mulch is not a substitute for ground cover plants. All required shrubs shall be in at least 3 gallon containers prior to planting, unless otherwise specified.

(2) Trees. Except where 1 or the other is specified elsewhere in this code, trees may be either deciduous or evergreen varieties. Required canopy trees at the time of planting must be fully branched and have a minimum diameter of 2 inches as measured by American Association of Nurserymen Standards. Required evergreen trees at the time of planting must be fully branched and a minimum of 6 feet in height.

(Refer also to City of Eugene Plant Materials List.)

(Section 9.6235, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6240 Preservation of Existing Vegetation.

(1) New developments with existing vegetation on the site are encouraged to preserve and integrate the vegetation into the design of the development. The following credit shall be given for preservation of existing vegetation:

(a) For each tree preserved on the development site, the development will be relieved from planting requirements for 2 trees as specified in all of the following:

1. EC 9.6420(3)(c) Parking Area Landscaping Along Street and Driveway Entrances.

2. EC 9.6420(3)(d) Perimeter Parking Area Landscaping.

3. EC 9.6420(3)(e) Interior Parking Area Landscaping.

(b) For each square foot of root area preserved in an unaltered state around the tree, the development will be relieved from providing 2 square feet of planting area as specified in EC 9.6420(3)(e) Interior Parking Area Landscaping.

(c) Areas containing mature native vegetation shall not be required to provide irrigation.

(d) For development sites where 35% or more of the developable area is required to be retained in open space due to standards in this code related to natural resource protection, including tree protection measures, the development will be relieved from providing the landscaping associated with EC 9.6420(3)(e) Interior Parking Area Landscaping.

(2) Contractors/developers who choose to preserve significant vegetation on the site, including heritage trees, shall:

(a) Submit a detailed tree preservation and planting plan, with the development permit application, that shows the trees and other vegetation to be preserved and planted. The planning and development director shall determine whether the vegetation to be preserved conforms to the definition for significant vegetation or heritage tree.

(b) Follow the planning and development director’s recommendations to insure that no cutting, filling, compaction or other disturbance of soil takes place in an area that exceeds 30% of the critical root zone area of the tree. Alteration of the soil within the critical root zone area shall require submittal of a tree preservation plan for mitigative actions to preserve the tree. The tree preservation plan shall address drainage compaction, fertilization, pruning and design measures that will be taken to insure the continued health of the tree before and after the critical root zone area is disturbed.

(c) Execute an agreement with the city to replace any significant tree or heritage tree that dies within 5 years of the date the agreement is signed. For trees determined to be significant, replacement trees shall be provided at the rate of 2 new trees for each tree lost. The replacement ratio for heritage trees is variable; the number of heritage replacement trees shall be equal to the number credited, as provided in EC 9.6215 or any adjustments made pursuant to EC 9.8030(3) Landscape Standards Adjustment. The location of replacement trees shall be determined prior to execution of the agreement. If a reasonable location for the replacement trees cannot be found on the site, the value equal to the number of trees credited shall be given to the city for the planting of trees on public property.

(Section 9.6240, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6250 Street Trees.

Street trees are regulated in Chapter 7 of this code and are not to be counted toward any landscaping requirements of this land use code.

(Section 9.6250, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6255 Vision Clearance Area Landscaping.

All landscaping within vision clearance areas shall comply with EC 9.6780 Vision Clearance Area. Where high shrubs or other site-obscuring screening is required by provisions of this land use code, low screening shall be substituted within vision clearance areas. (See Figure 9.0500 Vision Clearance Area.)

(Section 9.6255, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6400 Purpose of Motor Vehicle Parking and Loading Standards.

Sections 9.6400 through 9.6435 set forth standards for off-street motor vehicle parking and loading areas based on the use and location of the property. Motor vehicle parking and loading standards provide safe, convenient, and attractive areas for the parking of motor vehicles. Parking lots and garages shall be designed, laid out and constructed in accordance with those standards in order to also provide safe and convenient access and circulation.

(Section 9.6400, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6410 Motor Vehicle Parking Standards.

(1) Standards for Off-Street Parking Spaces.

(a) Except as provided in EC 9.2751(15)(c)(3) Driveways and Parking Areas in R-3 and R-4, parking areas may be located in required setbacks only as permitted in EC 9.6745 Setbacks – Intrusions Permitted.

(b) Tandem parking spaces may be utilized for multi-unit dwellings in the R-3 and R-4 zones within the boundaries of the city recognized West University Neighbors and South University Neighborhood Association. Those tandem spaces may only be located in an underground parking area or at least 30 feet from a public street within a parking area that can be accessed only from an alley. (For tandem parking on alleys, see Figure 9.6410(1)(b)). One tandem space shall be counted as two parking spaces when calculating the maximum number of off-street motor vehicle spaces. Tandem spaces shall not be allowed for studio-units or 1- or 2-bedroom dwellings.

(2) Maximum Number of Off-Street Motor Vehicle Parking Spaces.

(a) Except for required parking spaces for persons with disabilities, spaces provided in park and ride lots operated by a public transit agency, and spaces within structured parking with 2 or more levels, the maximum number of parking spaces shall be calculated in accordance with Table 9.6410 Maximum Off-Street Motor Vehicle Parking, unless an adjustment is granted according to EC 9.8030(10) Motor Vehicle Parking and Loading Standards Adjustment. This standard does not apply to existing parking areas that are not expanded.

(b) Regardless of the limitations contained in EC 9.6410(2)(a) above, at least 2 parking spaces may be constructed on a development site.

(c) Motor vehicle parking at Autzen Stadium Complex shall comply with:

1. So long as a city-approved intergovernmental agreement incorporating a transportation demand management plan for Autzen Stadium complex is in effect, parking provided for the Autzen Stadium Complex shall be exempt from the maximum parking limitations in EC Table 9.6410. All parking shall be owned by the state of Oregon, except through a city-approved agreement that binds the parking area to the Autzen Stadium Complex.

2. If the above referenced intergovernmental agreement is not in effect, the Autzen Stadium Complex shall be limited to no more than 1 vehicle parking space for each 4.4 seats.

(d) When calculating the maximum number of off-street parking spaces for an outdoor restaurant or any eating and drinking establishment that includes permanent outdoor seating, the outdoor seating floor area and outdoor non-seating floor area may be included in the calculation.

(e) When calculating the maximum number of allowed off-street motor vehicle parking spaces using Table 9.6410 Maximum Off-Street Motor Vehicle Parking, fractional parking spaces shall be rounded up to the nearest whole number (for example, a maximum number of 3.4 off-street parking spaces will be rounded up to 4).

(3) Accessible Parking Required for Certain Developments.

(a) Except as provided in subparagraphs (b) and (c) of this subsection (3), developments subject to EC 9.2173 Commercial Zone Development Standards – Large Commercial Facilities, EC 9.2463 Employment and Industrial Zone Development Standards – Large Facilities, or EC 9.5500, Multiple-Unit Standards, must provide a minimum of one off-street van-accessible parking space that complies with the design requirements for van-accessible parking spaces included in the technical codes adopted by the City Manager pursuant to EC 8.010.

(b) Developments located in the Downtown and West University Automobile Parking Exempt Areas, as depicted on Map 9.6410(4)(a), are exempt from the requirements of subparagraph (a) of this subsection (3).

(c) Developments located in the Blair Boulevard Historic Commercial Automobile Parking Exempt Area as depicted on Map 9.6410(4)(b), are exempt from the requirements of subparagraph (a) of this subsection (3).

Table 9.6410 Maximum Off-Street Motor Vehicle Parking

Uses

Maximum Number of Off-Street Parking Spaces

Agricultural, Resource Production and Extraction

Agricultural Use and Community and Allotment Garden

N/A

Display and Sale of Agricultural Products, primarily based on products raised or grown on the premises

1.25 per each 660 square feet of floor area.

Horticultural Uses. Examples include field crops, orchards, berries, and nursery or flower stock.

1.25 per each 660 square feet of floor area.

Eating and Drinking Establishments

Bar and Tavern

1.25 per each 66 square feet of seating floor area plus 1.25 for each 440 square feet of non-seating floor area.

Delicatessen

1.25 per each 66 square feet of seating floor area plus 1.25 for each 440 square feet of non-seating floor area.

Restaurant

1.25 per each 66 square feet of seating floor area plus 1.25 for each 440 square feet of non-seating floor area.

Specialty Food and Beverage. Examples include a bagel, candy, coffee, donut, and ice cream store. Products manufactured on-site shall comply with manufacturing allowances for food and beverage products.

1.25 per each 66 square feet of seating floor area plus 1.25 for each 440 square feet of non-seating floor area.

Education, Cultural, Religious, Social and Fraternal

Artist Gallery/Studio

1.25 per each 275 square feet of floor area.

Ballet, Martial Arts, Dance and Gymnastics School/Academy/Studio

1.25 per each 80 square feet of dance area.

Church, Synagogue, and Temple, including associated residential structures for religious personnel

1.25 per 4 fixed seats, 1.25 per 8 feet of bench length, or 1.25 per every 28 square feet in areas where no permanent seats are maintained in the main auditorium (sanctuary or place of worship). If religious services operate concurrently with other activities, user may include additional parking at 1.25 per 40 square feet for the space used concurrently.

Club and Lodge of State or National Organization

1.25 per 4 fixed seats, 1.25 per 8 feet of bench length, or 1.25 per every 28 square feet where no permanent seats or benches are maintained in the main auditorium.

Community and Neighborhood Center

1.25 per 4.5 seats or 1.25 per 28 square feet of assembly area where there are no fixed seats.

Library

1.25 per each 275 square feet of floor area.

Museum

1.25 per each 275 square feet of floor area.

School, Business or Specialized Educational Training (excludes driving instruction)

1.25 per every 3.5 classroom seats.

School, Driving (including use of motor vehicles)

1.25 per each 2000 square feet of floor area

School, Public or Private (Elementary School)

1.25 space per 8 students of design capacity as determined by the school.

School, Public or Private (Middle School)

1.25 space per 9 students of design capacity as determined by the school.

School, Public or Private (High School)

1.25 space per 3.5 students of design capacity as determined by the school.

University or College

1.25 per every 3.5 full time equivalent students.

Entertainment and Recreation

Amusement Center (Arcade, pool tables, etc.)

1.25 per each 80 square feet of floor area.

Arena (Both indoors & outdoors)

1.25 per each 4.5 seats.

Athletic Facilities and Sports Clubs

 – Playing Court

2.25 per each playing court.

 – Viewing Area

1.25 per each 4.4 seats, 9.6 feet of bench length, or 31 square feet of gross floor area.

 – Locker Room, Sauna, Whirlpool, Weight Room, or Gymnasium

1.25 per each 83 square feet of gross floor area.

 – Lounge or Snack Bar Area

1.25 per each 66 square feet of gross floor area.

 – Pro Shops or Sales Area

1.25 per each 330 square feet of gross floor area.

 – Swimming Pool

1.25 per each 220 square feet of pool surface area.

Athletic Field, Outdoor

N/A

Bowling Alley

6.75 per each bowling lane.

Equestrian Academy and Stable

1.25 per 3.5 classroom seats or 1.25 per every 3 stables.

Equestrian Trail

N/A

Golf Course, Miniature Indoor

1.25 per each 80 square feet of floor area.

Golf Course, Miniature Outdoor

1.25 per each 80 square feet of floor area.

Golf Course, with or without country club

1.25 per 3 golf holes plus 1 per each 2 employees.

Golf Driving Range

1.25 per each 80 square feet of floor area.

Park and Playground

N/A

Race Track, including drag strip and go-cart track

1.25 per 4.5 seats

Theater, Live Entertainment

1.25 per 4.5 seats.

Theater, Motion Picture

1.25 per 4.5 seats.

Financial Services

Automated Teller Machine (ATM)

N/A

Bank, Savings and Loan Office, Credit Union

1.25 per each 330 square feet of floor area.

Government

Government Services, not specifically listed in this or any other uses and permits table

1.25 per each 330 square feet of floor area.

Information Technology Services

All uses in this category

1.25 per each 275 square feet of floor area.

Lodging

Bed and Breakfast Facility

1.25 per guest bedroom for facilities with 5 or more guest rooms.

Homeless Shelter in existence as of January 1, 1984

1.25 per 40 beds

Homeless Shelter not in existence as of January 1, 1984

1.25 per 40 beds

Hotel, Motel, and similar business providing overnight accommodations

1.25 per guest room.

Recreational Vehicle Park, may include tent sites (See EC 9.5600)

1.25 per each 660 square feet of floor area.

Manufacturing

All Uses in this category, excluding storage

1.25 per each 550 square feet of floor area.

Storage

1.25 per each 1650 square feet of floor area.

Medical, Health, and Correctional Services

Blood Bank

1.25 per each 330 square feet of floor area.

Correctional Facility, excluding Residential Treatment Center

1.25 per 5.5 beds.

Hospital, Clinic or other Medical Health Treatment Facility (including mental health) in excess of 10,000 square feet of floor area

1.25 per each 200 square feet of floor area or 1.35 per bed.

Hospital, Clinic or other Medical Health Treatment Facility (including mental health) 10,000 square feet or less of floor area

1 per each 200 square feet of floor area or 1.68 per bed.

Laboratory – Medical, Dental, X-Ray

1.25 per each 330 square feet of floor area.

Meal Service, Non Profit

1.25 per each 330 square feet of floor area.

Nursing Home

1.25 per 4 beds.

Plasma Center, must be at least 800 feet between Plasma Center

1.25 per each 330 square feet of floor area.

Residential Treatment Center

1.25 per 5.5 beds.

Motor Vehicle Related Uses

Car Wash

N/A

Motor Vehicle Sales/Rental/Service, excluding motorcycles, recreational vehicles and heavy trucks

1.25 per each 330 square feet of floor area.

Motorcycle Sales/Rental/Service

1.25 per each 330 square feet of floor area.

Parking Area not directly related to a primary use on the same development site

N/A

Parts Store

1.25 per each 330 square feet of floor area.

Recreational Vehicle and Heavy Truck, Sales/Rental/Service

1.25 per each 440 square feet of floor area.

Repair, includes paint and body shop

1.25 per each 660 square feet of floor area.

Service Station, includes quick servicing

1.25 per each 660 square feet of floor area.

Structured Parking

N/A

Tires, Sales/Service

1.25 per each 660 square feet of floor area.

Transit Park and Ride, Major or Minor, only when shared parking arrangement with other permitted use

N/A

Transit Park and Ride, Major or Minor

N/A

Transit Station, Major or Minor

N/A

Office Uses

All Uses in this category

1.25 per each 330 square feet of floor area

Personal Services

Barber, Beauty, Nail, Tanning Shop

1.25 per 330 square feet of floor area.

Day Care Facility (Not associated with a residence)

1.12 per employee.

Dry Cleaner

1.25 per each 660 square feet of floor area.

Film, Drop-off/Pick-up

1.25 per each 660 square feet of floor area.

Locksmith Shop

1.25 per each 660 square feet of floor area.

Laundromat, Self-Service

1.25 per each 330 square feet of floor area.

Mailing and Packaging Service

1.25 per each 660 square feet of floor area

Shoe Repair Shop

1.25 per each 330 square feet of floor area.

Tailor Shop

1.25 per each 330 square feet of floor area.

Residential

Dwelling

Single-Unit Dwelling

N/A

Single-Unit Dwelling – Flag Lot

N/A

Accessory Dwelling (Either attached or detached from primary single-unit dwelling on same lot)

N/A

Townhouse

N/A

Duplex

N/A

Triplex

N/A

Fourplex

N/A

Cottage Cluster

N/A

Multiple-Unit Dwellings not specifically addressed elsewhere in this Table.

1.2 spaces for each studio-unit
1.25 spaces per 1- or 2-bedroom dwelling unit
2 spaces per 3- or more bedroom dwelling unit

Manufactured Home Park

1.25 per dwelling.

Controlled Income and Rent Housing (CIR) where density is above that usually permitted in the zoning, yet not to exceed 150%

1.25 per dwelling.

Assisted Care & Day Care

 – Assisted Care (5 or fewer people living in facility and 3 or fewer outside employees on site at any one time)

1.25 for each 4 beds.

 – Assisted Care (6 or more people living in facility)

1.25 for each 4 beds.

 – Day Care (4 to 16 people served)

1.12 for each employee not living in home on site at the same time.

 – Day Care (17 or more people served)

1.12 for each employee not living in home on site at the same time.

Rooms for Rent

 – Boarding and Rooming House

1.25 per guest room.

 – Campus Living Organizations, including Fraternities and Sororities

1.25 for each 3 occupants for which sleeping facilities are provided.

 – Single Room Occupancy

1.25 per dwelling (4 single rooms are equal to 1 dwelling).

 – University and College Dormitories

1.25 for each 3 occupants for which sleeping facilities are provided.

Trade (Retail and Wholesale)

Agricultural Machinery Rental/Sales/Service

1.25 per each 440 square feet of floor area.

Appliance Sales/Service

1.25 per each 660 square feet of floor area.

Boat and Watercraft Sales/Service

1.25 per each 660 square feet of floor area.

Building Materials and Supplies

1.25 per each 660 square feet of floor area.

Convenience Store

1.25 per each 330 square feet of floor area.

Equipment, Light, Rental/Sales/Service

1.25 per each 440 square feet of floor area.

Equipment, Heavy, Rental/Sales/Service – includes truck and tractor sales

1.25 per each 440 square feet of floor area.

Furniture and Home Furnishing Store

1.25 per each 660 square feet of floor area.

Garden Supply/Nursery

1.25 per each 660 square feet of floor area.

General Merchandise (includes supermarket and department store)

1.25 per each 330 square feet of floor area.

Hardware/Home Improvement Store

1.25 per each 660 square feet of floor area.

Healthcare Equipment and Supplies

1.25 per each 330 square feet of floor area.

Liquor Store

1.25 per each 330 square feet of floor area.

Manufactured Dwelling Sales/Service/Repair

1.25 per each 330 square feet of floor area.

Office Equipment and Supplies

1.25 per each 330 square feet of floor area.

Outdoor Merchandise Display

– 0 –

Plumbing Supplies and Services

1.25 per each 660 square feet of floor area.

Retail Trade when secondary, directly related, and limited to products manufactured, repaired, or assembled on the development site

1.25 per each 330 square feet of floor area.

Shopping center with at least one supermarket or variety store and 50,000 square feet of gross floor area

1.25 per each 330 square feet of floor area.

Specialty Store (An example includes a gift store)

1.25 per each 330 square feet of floor area.

Storage Facility, Household/Consumer Goods

1.25 per each 330 square feet of floor area of the office space.

Wholesale, Warehousing, and Distribution 1 per each

1.25 per each 1650 square feet of floor area.

Utilities and Communication

Amateur Radio Antenna Structure (See EC 9.5050)

N/A

Broadcasting Studio, Commercial and Public Education

1.25 per each 330 square feet of floor area.

Electrical Substation

N/A

Fiber Optic Station

N/A

Pump Station

N/A

Telecommunication Facility (Refer to EC 9.5750)

N/A

Water Reservoir, elevated above ground level

N/A

Other Commercial Services

Building Maintenance Service

1.25 per each 550 square feet of floor area.

Catering Service

1.25 per each 550 square feet of floor area.

Cemetery, Includes crematoria, columbaria, or mausoleums

1.25 per each full-time employee.

Collection Center, Collection of Used Goods (See EC 9.5150)

N/A

Garbage Dump, sanitary landfill

1.25 per each 550 square feet of floor area.

Heliport and Helistop

Parking requirements determined based on a Type III review.

Home Occupation (See EC 9.5350)

N/A

Kennel

1.25 per 550 square feet of floor area.

Model Home Sales Office (See EC 9.5450)

1.25 per 330 square feet of floor area.

Mortuary

1.25 per 4 fixed seats or 8 feet of bench length or every 28 square feet in main auditorium where no permanent seats or benches are maintained (sanctuary or place of worship).

Photographers’ Studio

1.25 per each 550 square feet of floor area.

Picture Framing and Glazing

1.25 per each 550 square feet of floor area.

Printing, Blueprinting, Duplicating

1.25 per each 550 square feet of floor area.

Publishing Service

1.25 per each 550 square feet of floor area.

Temporary Activity (See EC 9.5800)

– 0 –

Train Station

Parking Maximum determined based on a Type II or Type III review.

Upholstery Shop

1.25 per each 550 square feet of floor area.

Veterinarian Service

1.25 per each 250 square feet of floor area.

Wildlife Care Center

1.25 per each 660 square feet of floor area.

(Section 9.6410, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; Ordinance No. 20280, enacted February 24, 2003, effective March 26, 2003; Ordinance No. 20353, enacted November 28, 2005, effective January 1 , 2006; Ordinance No. 20418, enacted August 11, 2008, effective August 13, 2008, remanded on June 12, 2009, and rendered ineffective; Ordinance No. 20447, enacted December 14, 2009, effective January 16, 2010; amended by Ordinance No. 20492, enacted May 14, 2012, effective June 15, 2012; Ordinance No. 20526, enacted March 12, 2014, effective April 12, 2014; Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20557, enacted July 27, 2015, effective August 30, 2015; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; Ordinance No. 20596, enacted June 11, 2018, effective July 14, 2018; Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020, remanded on November 24, 2020, and provisions administratively removed; Ordinance No. 20659, enacted September 15, 2021, effective September 17, 2021; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6415 Loading and Drive-Through Design Standards.

(1) Drive-Through Design Standards. In connection with drive-through establishments, there shall be a specially designed area for vehicle stacking located on private property between the public right-of-way and the pick-up window or service area. For a single row of vehicles, the specially designed area shall be at least 200 feet in length to allow for stacking of up to 10 cars. For a double row of vehicles, the specially designed area shall be at least 100 feet in length to allow for stacking of up to 5 cars. This area shall not interfere with safe and efficient circulation on the development site or abutting public right-of-way, nor shall the location of stacking lanes prevent access to and exit from parking spaces.

(2) Landscaping.

(a) Off-street loading areas and vehicle stacking areas shall be landscaped as required by EC 9.6420(3).

(b) In the E-1 zone, all off-street loading spaces and uses shall be on interior service courts or screened from view from all adjacent property lines according to EC 9.6210(4) High Wall Landscape Standard (L-4).

(3) Loading and Service Drives. All loading areas for commercial and employment and industrial buildings and uses shall be off the street and shall be served by service drives and maneuvering areas so that no backward movement or other vehicle maneuvering within a street, other than an alley, will be required.

(Section 9.6415, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023.)

9.6420 Parking Area Standards.

(1) Dimensions and Striping. All parking spaces shall be striped or marked in a manner consistent with Table 9.6420(1) Motor Vehicle Parking Dimensions. All tandem parking spaces shall be striped and marked in a manner consistent with Table 9.6420(1) Motor Vehicle Parking Dimensions for Tandem Parking. (See Figure 9.6420(1) Motor Vehicle Parking Dimensions.)

(a) Carpool and Vanpool Parking. New commercial designated employee parking areas shall provide preferential parking for carpools and vanpools. Employee carpool and vanpool parking shall be located closer to the building entrance or the employee entrance than other employee parking with the exception of parking for those with disability permits. The carpool/vanpool spaces shall be clearly marked "Reserved – Carpool/Vanpool Only" by use of signs painted on the parking spaces or posted.

Table 9.6420(1) Motor Vehicle Parking Dimensions

(Dimensions in Feet)

Parking Angle in Degrees

Minimum Stall Width

Minimum Stall Depth

Minimum Clear Aisle Width

Stall Distance at Bayside

Minimum Clear Bay Width

Shaded figures are the minimum dimensions for compact parking spaces. Any minimum parking dimensions, such as stall width, may be exceeded. All spaces shall be clearly marked as compact parking spaces if any of the parking dimensions are less than that shown in the unshaded area. All tandem spaces must be marked as such.

* For non-parallel parking spaces that are created to serve a multi-unit dwelling and that are located directly off an alley with a right-of-way width of 14-feet or less, the minimum stall depth for compact parking space shall be increased to the minimum stall depth indicated for a non-compact space with a minimum stall width of 8-feet.

Parallel

8.0

7.5

12.0

20.0

19.5

8.0

8.0

12.0

22.0

20.0

30 degrees/single

8.0

*14

12.0

15.0

26.0

8.0

16.0

12.0

16.0

28.0

8.5

16.4

12.0

17.0

28.4

9.0

16.8

12.0

18.0

28.8

9.5

17.3

12.0

19.0

29.3

10.0

17.7

12.0

20.0

29.7

30 degrees/tandem

8.0

30.8

12.0

15.0

8.0

32.0

12.0

16.0

8.5

32.8

12.0

17.0

9.0

33.6

12.0

18.0

9.5

34.6

12.0

19.0

10.0

35.4

12.0

20.0

45 degrees/single

8.0

*16.0

12.0

10.6

28.0

8.0

18.4

14.0

11.3

32.4

8.5

18.7

13.5

12.0

32.2

9.0

19.1

13.0

12.7

32.1

9.5

19.4

13.0

13.4

32.4

10.0

19.8

13.0

14.1

32.8

45 degrees/tandem

8.0

35.1

12.0

10.6

8.0

36.8

14.0

11.3

8.5

37.4

13.5

12.0

9.0

38.2

13.0

12.7

9.5

38.8

13.0

13.4

10.0

39.6

13.0

14.1

60 degrees/single

8.0

*16.7

15.0

8.6

31.7

8.0

19.7

19.0

9.2

38.7

8.5

20.0

18.5

9.8

38.5

9.0

20.3

18.0

10.4

38.3

9.5

20.5

18.0

11.0

38.5

10.0

20.8

18.0

11.5

38.8

60 degrees/tandem

8.0

37.0

15.0

8.6

8.0

39.4

19.0

9.2

8.5

40.0

18.5

9.8

9.0

40.6

18.0

10.4

9.5

41.0

18.0

11.0

10.0

41.6

18.0

11.5

90 degrees/single

8.0

*15.0

22.0

8.0

37.0

8.0

18.0

25.0

8.0

43.0

8.5

18.0

25.0

8.5

43.0

9.0

18.0

24.0

9.0

42.0

9.5

18.0

24.0

9.5

42.0

10.0

18.0

24.0

10.0

42.0

90 degrees/tandem

8.0

33.0

22.0

8.0

8.0

36.0

25.0

8.0

8.5

36.0

25.0

8.5

9.0

36.0

24.0

9.0

9.5

36.0

24.0

9.5

10.0

36.0

24.0

10.0

(2) Drainage. All parking areas, except those in conjunction with a single-unit or duplex dwelling, shall be graded so as not to drain storm water over the public sidewalk or onto any abutting property. Drainage improvements shall be provided as required by the stormwater provisions of EC 9.6790 to 9.6797.

(3) Landscape Standards.

(a) Applicability of Parking Area Landscape Standards.

1. General Provisions. Subject to any exceptions therein, the standards in subparagraphs (b) – (e) apply to parking and loading areas, including carports, that provide for 3 or more spaces and to all vehicle use and/or loading areas that exceed 500 square feet, except for the following:

a. A parking area for a single-unit dwelling, accessory dwelling, or middle housing.

b. A structured parking area. See subsection (3)(f).

c. A legal non-conforming parking area. See subsection (3)(a)(2).

2. Provisions Applicable to Legal Non-Conforming Parking Areas. Parking areas with legal non-conforming landscaping are subject to the following parking area landscape standards:

a. When a new building is constructed, the parking area landscape standards in subparagraphs (b) – (e) shall apply to any new parking area proposed by the applicant to serve the building.

b. When a building is expanded, the parking area landscape standards in subparagraphs (b) – (e) shall apply to any new parking area proposed by the applicant to serve the expanded area of the building.

c. When a legal non-conforming parking area is physically expanded in size (not simply changed to increase, decrease, or reconfigure the number of parking spaces) the parking area landscape standards in subparagraphs (b) – (e) shall apply only to the expanded portion of the parking area.

d. When a legal non-conforming gravel parking area is paved, the parking area landscape standards in subparagraphs (b) – (e) shall apply only to the newly paved portion of the parking area.

(b) General Parking Area Landscape Standards. Canopy trees shall be required at the minimum rate of 1 tree for every 3,000 square feet of paved vehicular use areas on the site and shall be distributed throughout the site. Except within /TD overlay zone areas, trees shall be planted in a landscaped area such that the tree trunk is at least 3 feet from any outside curb edge or paved area. Within /TD overlay zone areas, the tree shall be planted at least 2 feet from any outside curb edge or paved area. Vehicular use areas include parking spaces, driveways, interior roadways, loading areas, and fleet vehicle storage areas. Large-scale coniferous trees may be substituted for required canopy trees at a maximum rate of 10 percent. Parking area screening requirements may be achieved through a combination of change of grade and use of plant materials. The use of berms or drainage swales is acceptable, as is lowering the grade of the parking area.

(c) Parking Area Landscaping Along Street and Driveway Entrances.

1. Parking areas within 50' of a street, except an alley, shall provide a landscape strip between the street and the parking areas as follows:

a. In all areas except in the /TD overlay zone, a landscape strip at least 7 feet in width shall be provided.

b. Within a /TD overlay zone, a landscape strip at least 5 feet in width shall be provided.

c. Landscape strips along a street may be pierced by pedestrian and vehicular accessways. Landscape strips along a street shall be landscaped according to the standards in EC 9.6210(2) Low Screen Landscape Standard (L-2). (See Figure 9.6420(3)(c)1. Parking Area Landscaping Along a Street and Figure 9.6420(3)(c)2. Parking Area Landscaping Along a Driveway Entrance.)

2. Parking area driveway entrances, except at alleys, shall be provided with a landscape strip at least 7 feet in width, measured from the outside edges of 6 inch wide curbs, and the full length of the parking stall, between the entry drive and the parking area to heighten entryway visibility and improve parking area circulation. Entrance driveway landscape strips shall be landscaped according to the standards in EC 9.6210(2) Low Screen Landscape Standard (L-2). (See Figure 9.6420(3)(c)2. Parking Area Landscaping Along a Driveway Entrance.)

(d) Perimeter Parking Area Landscaping.

1. Along the perimeter of the parking area, except for developments within a /TD overlay zone, a landscape strip, at least 7 feet in width, measured from the outside edge of a 6 inch wide curb, shall be provided. The landscape strip may be pierced by pedestrian and vehicular accessways. Where abutting lots share parking and/or loading areas, the perimeter of these shared areas shall be considered the outside of the functional areas. Perimeter landscaping shall not be required along the interior lot lines of the 2 lots that are sharing parking and/or loading areas.

2. On development sites 22,000 square feet or larger with a /TD overlay zone, parking lots abutting an interior lot line, other than an alley, shall provide a landscape strip, at least 5 feet in width measured from the outside edge of a 6 inch wide curb, between the property line and the parking area. Development sites less than 22,000 square feet with the /TD overlay zone are not required to provide perimeter parking area landscaping.

3. All parking areas shall provide perimeter landscaping according to the following standards:

a. Parking areas adjacent to property that is zoned residentially shall provide perimeter landscaping along interior yards according to EC 9.6210(3) High Screen Landscape Standard (L-3). Where loading areas abut property zoned residentially, a barrier shall be provided between the 2 uses according to EC 9.6210(4) High Wall Standard (L-4).

b. Parking areas adjacent to property that is not zoned residential shall provide perimeter landscaping according to EC 9.6210(2) Low Screen Landscape Standard (L-2).

(e) Interior Parking Area Landscaping. In addition to the landscaping required in subsections (c) and (d), landscaping that meets the 70% landscape coverage requirement consistent with L-2 standards (See Figure 9.6420(3)(e)3. Parking Area Interior Planting Islands) shall be provided within the interior of surface parking areas for 50 or more motor vehicles so as to improve the visual qualities of these areas, delineate and define circulation movements of motorists and pedestrians, improve air quality, and encourage energy conservation by moderating parking area microclimates.

1. Parking area landscaping shall be provided according to Table 9.6420(3)(e) Interior Parking Area Landscaping.

Table 9.6420(3)(e) Interior Parking Area Landscaping

Total Number of Spaces in Parking Area

Minimum Interior Parking Area Landscape Area

50 to 99 spaces

15 square feet per parking space

100 or more spaces

22 square feet per parking space

2. A continuous landscape strip or raised pedestrian path shall be provided between every 4 rows of parking. The landscape strip or pedestrian path shall be a minimum of 7 feet in width, measured from the outside edge of a 6 inch wide curb. (See Figure 9.6420(3)(e)2. Interior Parking Area Landscaping.)

3. Planting islands shall be provided at the ends of each parking row and at intervals within parking rows so that no parking stall is more than 45 feet from a planting island. Planting islands shall be at least 7 feet in width, as measured from the outside edge of a 6 inch wide curb, and a minimum area of 140 square feet. Each of these islands shall provide at least 1 canopy tree. (See Figure 9.6420(3)(e)3. Parking Area Interior Planting Islands.)

(f) Structured Parking.

1. Along the perimeter of the non-commercial portion of structured parking, a landscape strip, a minimum of 5 feet in width, shall be provided between the property line and the structure wall. Perimeter landscaping along interior yards is exempt from this requirement, if the proposed structure will be less than 15’ from an existing structure measured across the common interior property line. This standard does not apply to property lines abutting an alley.

2. Structured parking landscape strips shall be planted with shrubs and trees according to EC 9.6210(3) High Screen Landscape Standard (L-3).

(4) Large Parking Areas.

(a) Except as provided in subparagraph (c) of this subsection (4), in addition to applicable provisions contained elsewhere in this code, the standards in subparagraphs (d)-(f) of this subsection (4) apply to any development that includes surface parking area of more than 21,780 square feet on a development site.

(b) For purposes of this subsection (4), a surface parking area shall be measured around the perimeter of all surface parking spaces and include drive aisles, maneuvering areas, required interior parking area landscaping, required curbs, and any driveways that provide direct access to parking spaces. Pedestrian paths and walkways, stormwater detention facilities that are not part of required interior parking area landscaping, and marked pedestrian crossings may be excluded from the surface parking area measurement.

(c) The requirements of this subsection (4) do not apply to structured parking, loading areas, or any surface parking area in existence as of December 31, 2023.

(d) A development that includes surface parking area of more than 21,780 square feet on a development site must comply with one of the following:

1. Solar panels. Installation of solar panels with a generation capacity of at least 0.5 kilowatt per parking space. Panels may be located anywhere on the development site.

2. Public building. A development that includes a public building as defined in OAR 330-135-0020 may comply with the requirements of Chapter 330, Division 135 of the Oregon Administrative Rules.

3. Tree canopy plan. To comply with this requirement, a tree canopy plan must be provided at the time of development. The tree canopy plan must be signed by a licensed landscape architect or certified arborist and demonstrate the following:

a. A tree canopy covering at least 40 percent of the surface parking area will be achieved no more than 15 years after planting.

b. Tree species must be selected from the list of tree species adopted by the City Manager pursuant to EC 7.280 and EC 2.019, or the plant materials list adopted by the City Manager pursuant to EC 9.6207 and EC 2.019.

c. Development of a tree canopy plan must be done in coordination with the local electric utility provider. To demonstrate compliance with this requirement, documentation from the local electric utility provider and an Oregon licensed landscape architect or certified arborist must be provided at the time of development documenting how the developer will coordinate with the local electric utility provider during pre-design, design, building, and maintenance phases of the development.

d. Tree Canopy Calculation Requirements:

(1) Calculations used to determine canopy coverage must be measured using a plan view of the tree canopy plan and must be based on the expected diameter of the tree crown at 15 years.

(2) Existing trees to be preserved may be counted utilizing their canopy diameter at the time of submission of the tree canopy plan.

(e) Driveways. The following standards apply to new driveways:

1. In lieu of canopy trees required for landscaping requirements at EC 9.6205, trees must be provided along driveways at a spacing that will achieve a continuous canopy within 15 years after planting. Tree species must be selected from the list of tree species adopted by the City Manager pursuant to EC 7.280 and EC 2.019, or the plant materials list adopted by the City Manager pursuant to EC 9.6207 and EC 2.019. When trees of different size categories are planted next to each other the lesser of the two spacing requirements shall apply unless documentation from an Oregon licensed landscape architect or certified arborist is provided that states that an alternative spacing will achieve a closed canopy within 15 years after planting.

2. Street-like Design Features. Driveways must include curbs and pedestrian facilities that prioritize a pedestrian environment by meeting the following standards:

a. Except where interrupted by drive aisles or other driveways, parking area driveway entrances shall include a landscape strip at least 7 feet in width along the full length of the driveway. Driveway landscape strips shall be landscaped according to the standards in EC 9.6210(2) Low Screen Landscape Standard (L-2) except the required trees must be provided in accordance with EC 9.6420(4)(d)3. The width of a driveway landscape strip shall be measured from the outside edges of the curbs.

b. On-site pedestrian paths, a minimum of 5 feet in width, are required on at least one side along the entire length of the driveway. Required on-site pedestrian paths shall provide a connection between a public way and a main building entrance or an internal on-site pedestrian path that complies with the requirements of EC 9.6730. On-site pedestrian paths shall be constructed of concrete, a comparable hard surface material, or any pervious surface that complies with the Americans with Disabilities Act.

c. Pedestrian paths that cross vehicle use areas must be raised to curb height or constructed with a contrasting paving material to indicate a pedestrian crossing area. Striping alone is not allowed.

(f) Planting and Tree Care Standards. In addition to the requirements at EC 9.6220 and 9.6225, the following requirements apply to trees required by this subsection (4).

1. At the time of planting, trees used to comply with the requirements of this subsection (4) must be fully branched and must be at least 6 feet in height or have a minimum trunk diameter of 2 inches.

2. Ongoing maintenance of trees required by this subsection (4) is the responsibility of the property owner.

3. Tree planting and maintenance must meet or exceed the 2021 American National Standards Institute A300 standards.

4. Any trees used to comply with this standard shall be replaced at a ratio of 1:1 within one calendar year of removal.

(5) Lighting. Parking area lights shall conform with the standards in EC 9.6725 Outdoor Lighting Standards.

(6) Loading and Service Drives.

(a) When 3 or more parking spaces or a Loading Area are provided on a development site, except those provided in conjunction with a single-unit dwelling or middle housing on a single lot and those located along alleys, they all shall be served by a service drive so that no backward movement or other maneuvering of a vehicle within a street will be required. Service drives shall be designed and constructed to facilitate the flow of traffic, provide safety for traffic ingress and egress, and safety of pedestrian and vehicular traffic on the site. In no case shall two-way and one-way driveways be less than 20 feet wide and 12 feet wide respectively.

(b) No service drive is required for parking spaces located along alleys.

(7) Surfacing and Bumpers.

(a) All parking areas that contain 3 or more parking spaces, access aisles, service drives, or loading areas on a development site, except those in conjunction with single-unit or duplex residences, shall have a durable, dust-free surfacing of asphaltic concrete, Portland cement concrete or other approved materials. Other approved materials may include pervious paving materials.

(b) Areas on a development site used for the outdoor sale of vehicles are required to be paved, except for areas used for the sales or storage of tracked heavy equipment, mobile homes, or manufactured homes. A paved access aisle a minimum of 12 feet in width is required adjacent to all unpaved long-term vehicle storage spaces.

(c) All parking areas that contain 3 or more parking spaces on a development site or have outdoor vehicle sales, except those required in conjunction with a single-unit or duplex dwelling, shall provide a substantial bumper at least 2 feet from the protected area that will prevent vehicles from encroachment on abutting property or into required landscape beds or required pedestrian paths.

(8) Electric Vehicle Charging.

(a) The requirements of this subsection (8) apply to:

1. New multi-use dwellings; and

2. New mixed-use buildings consisting of privately owned commercial space and five or more residential dwelling units.

(b) The developments described in subparagraph (a) of this subsection (8), shall include electrical service capacity as defined in ORS 455.417 to support electrical vehicle charging for 40 percent of all parking spaces on the development site.

(c) Electric Vehicle Charging stations and ancillary equipment are permitted within required parking landscaping areas. If Electric Vehicle Charging stations and/or ancillary equipment are located within required parking area landscaping areas, the stations and/or equipment, when viewed from above, shall not constitute more than 10 percent of the total area of required parking area landscaping.

(d) Electric Vehicle Charging stations and ancillary equipment are permitted within required setbacks if the height of the charging station and/or ancillary equipment is no more than 42 inches.

(e) Any signage associated with Electric Vehicle Charging shall comply with the Sign Standards beginning at EC 9.6600.

(9) Parking Areas for Large Developments. For new developments that include more than 65,000 square feet of floor area, the total surface parking area may not be greater than the floor area of the building. The “total surface parking area” for a development subject to the requirements of this subsection (9) shall be measured around the perimeter of all new surface parking spaces and include drive aisles, maneuvering areas, required interior parking area landscaping, required curbs, and any driveways that provide direct access to parking spaces. Pedestrian paths and walkways, stormwater detention facilities that are not part of required interior parking area landscaping, and marked pedestrian crossings may be excluded from the surface parking area measurement.

(Section 9.6420, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20285, enacted March 10, 2003, effective April 9, 2003; Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; Ordinance No. 20447, enacted December 14, 2009, effective January 16, 2010; Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020, remanded on November 24, 2020, and provisions administratively removed; Ordinance No. 20659, enacted September 15, 2021, effective September 17, 2021; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6430 Shared Off-Street Parking.

When 2 or more uses share common parking facilities, the maximum number of allowed parking spaces shall be the sum of all the spaces allotted for those uses individually .

(Section 9.6430, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; and amended by Ordinance No. 20280, enacted February 24, 2003, effective March 26. 2003; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023.)

9.6435 Special Event Permanent Parking Facilities.

(1) Applicability. Special event parking provisions shall be applied only to parking lots in the PL Public Land zone with 1000 or more spaces on which special events such as fairs, equipment displays, and community festivals are regularly scheduled.

(2) Professional Coordinator and Design Team. A professional coordinator, licensed in the State of Oregon, to practice architecture, landscape architecture or engineering, or an American Institute of Certified Planners member in good standing shall ensure that required plans are prepared and executed. The professional coordinator shall also be the liaison between the applicant and the city. A design team, consisting of an architect, a landscape architect, an engineer, and a land surveyor, shall be designated by the professional coordinator to prepare appropriate plans. Each team member shall be licensed to practice in the State of Oregon.

(3) Allowed Adjustment to Parking Lot Design and Landscaping Standards. Except as otherwise stated in these regulations, general parking area screening and landscape standards, and site planning provisions pertaining to pedestrian circulation, sidewalk design, height of light standards, minimum number of trees, parking area entrance driveways, visual breaks, loading and delivery areas, minimum interior parking area landscaping, interior area landscape strips, and planting islands locations and sizes may be adjusted subject to a finding of consistency with the criteria for adjustment of EC 9.8030(10)(d) of this land use code.

(4) Pedestrian Path Design. Routes to and through parking lots shall be clearly established by striping or shall be constructed with a different paving material to reduce conflict between pedestrians and auto traffic, and to designate motor vehicle routes.

(5) Parking Lot Lights. Parking lot lights shall conform to the standards in EC 9.6725 Outdoor Lighting Standards.

(6) Minimum Number of Trees. Trees shall be provided on the development site in the amounts described in EC 9.6420, but need not be evenly distributed throughout the parking area.

(Section 9.6435, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023.)

9.6440 Adjustments to Motor Vehicle Parking and Loading Standards.

Adjustments may be made to the standards in EC 9.6410(2), 9.6415, 9.6420(3), and 9.6435 if consistent with the criteria in EC 9.8030(10) Motor Vehicle Parking and Loading Standards Adjustments of this land use code.

(Section 9.6440, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023.)

9.6500 Easements.

(1) The city may require the dedication of easements for wastewater sewers and other public utilities, and for access thereto for maintenance, of a sufficient width to meet the intended use, provided the city makes findings to demonstrate consistency with constitutional requirements.

(2) Easements may be required along lot or parcel rear lines or side lines, or elsewhere as necessary to provide needed facilities for present or future development of the area.

(3) No building, structure, tree, or other obstruction shall be placed or located on or in a public utility easement. Prior to approval of a final PUD, final site review plans, or final plats, there shall appear thereon a restriction showing compliance with this subsection.

(Section 9.6500, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6505 Improvements – Specifications.

All public improvements shall be designed and constructed in accordance with adopted plans and policies, the procedures specified in Chapter 7 of this code, and standards and specifications adopted pursuant to Chapter 7 of this code. Additionally, all developments shall make and be served by the following infrastructure improvements.

(1) Water Supply. All developments shall be served by the water system of the Eugene Water & Electric Board.

(2) Sewage. All developments shall be served by the wastewater sewage system of the city, complying with provisions in Chapter 6 of this code.

(3) Streets and Alleys.

(a) The developer shall grade and pave all streets and alleys in the development site. All paving shall be to the width specified in EC 9.6870 Street Width and provide for drainage of all such streets and alleys, and construct curbs and gutters, sidewalks, street trees and street lights within the development site according to the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways and standards and specifications adopted pursuant to Chapter 7 of this code and other adopted plans and policies.

(b) The developer shall pave streets and alleys adjacent to the development site to the width specified in EC 9.6870 Street Width, unless such streets and alleys are already paved to that width, provided the City makes findings to demonstrate consistency with constitutional requirements. All paving shall provide for drainage of all such streets and alleys, and construct curbs and gutters, sidewalks, street trees and street lights adjacent to the development site according to the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways and standards and specifications adopted pursuant to Chapter 7 of this code and other adopted plans and policies.

(c) The standard at (3)(b) may be adjusted if consistent with the criteria of EC 9.8030(19).

(4) Sidewalks. Sidewalks shall be located, designed and constructed according to the provisions of this land use code, the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, construction and design standards adopted pursuant to Chapter 7 of this code, and other adopted plans and policies.

(5) Bicycle Paths and Accessways. Bicycle Paths and Accessways shall be designed and constructed according to provisions of this land use code, the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, construction and design standards adopted pursuant to Chapter 7 of this code, and other adopted plans and policies.

(Section 9.6505, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; Ordinance No. 20297, enacted August 11, 2003, effective September 10, 2003; Ordinance No. 20457, enacted March 8, 2010, effective April 10, 2010.)

9.6600 Purpose of Sign Standards.

The purpose of sections 9.6600 through 9.6680 is to establish standards for the design, quality of materials, construction, size, number, location, electrification, illumination, installation and maintenance of all signs and sign structures not located within a building. The regulations are not intended to, and do not restrict, the content of sign messages. The primary basis for the sign standards are.

(1) Private signs make use of a public resource by seeking to communicate with persons using the public right-of-way. It is necessary to regulate such signs to assure that they do not interfere with other uses of the public right-of-way.

(2) It is necessary to the public safety that official traffic regulation devices be easily visible and free from nearby visual obstructions and distractions, such as flashing signs, an excessive number of signs, or signs in any way resembling official signs.

(3) It is necessary to regulate the number, type and location of signs to implement the comprehensive plan, such as preserving views of natural land features, waterways, and distinct local and neighborhood areas. Proliferation of signs seriously detracts from the pleasure of observing the natural scenic beauty and the human environment of the city.

(4) It is necessary to protect residential neighborhoods from the adverse impact that signs may have on the residential atmosphere.

(5) It is necessary to regulate the size, type and location of signs to encourage the effective use of signs as a means of communication and to provide equality and equity among sign owners and those who wish to use signs.

(6) It is necessary to provide regulations that can be administered to allow sign owners and sign users the opportunity to realize the value of their investment and make as many of their own choices as possible while protecting the needs of the public.

(7) The cumulative effect of numerous signs close to each other has a detrimental impact which can not be addressed in any way other than by limiting the number and size of all signs.

(Section 9.6600, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20584, enacted July 17, 2017, effective August 24, 2017.)

9.6605 Reconciliation.

In any case where a part of the sign standards are found to be in conflict with a provision of this land use code or a building, fire, safety or health statute, ordinance, or rule, the provision which establishes a stricter standard shall prevail. In any case where a provision of the sign standards is found to be in conflict with a provision of any other city ordinance or state structural specialty code that establishes a standard less likely to promote the purposes of the sign standards, to the extent allowed by law the provisions of the sign standards shall prevail.

(Section 9.6605, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6610 Exemptions to Sign Standards.

(1) Use of the signs listed in subsection (2) of this section does not affect the number or types of signs otherwise allowed under EC 9.6000 through 9.6680 of this land use code.

(2) Except as provided in subsection (3) of this section, the following signs are exempt from the requirements of EC 9.6600 through 9.6680, and are exempt from the requirement to obtain a sign permit if they are located on private property outside of vision clearance areas:

Addresses. Number and street name of any size. (Addresses are regulated per EC 8.005(21) Numbering of Structures and Premises and Fire Code 505.1 Address Identification.)

Banners. One banner, not to exceed 32 square feet in size, may be installed on the exterior wall of a hotel, motel, convention center or auditorium in lieu of the freestanding sign exempt under this section.

Building Directories. For buildings with multiple tenants, 1 wall-mounted sign up to 12 square feet in area for the purpose of communicating to persons already on the development site.

Drive-through Signs. Two drive-through signs for each drive-through lane. Each drive-through sign may be up to 7 feet in height and up to 40 square feet in area. Drive-through signs may be digital signs if the sign display is static and the display copy is not changed more than once per hour, except for a portion of the digital display not to exceed 2 square feet may change the display copy more frequently.

Hand Held Signs. Hand carried signs of 9 square feet or less in area, worn or carried by an individual.

Historical Agency Plaques. Plaques or historical markers placed by historical agencies or organizations recognized by the city.

Murals. Painted wall highlights, wall decorations and other murals.

Non-Residential Property Signs. One freestanding sign or banner for each development site that is not used primarily for a single-unit dwelling or duplex. A freestanding sign may not exceed 12 square feet in size per face, with a maximum of two faces; a banner may not exceed 15 square feet in size. The maximum height of a freestanding sign under this exemption is 6 feet (from grade).

Parking Lot Signs. Signs up to 3 square feet in area and up to 5 feet in height constructed or placed within a parking lot for the purpose of directing traffic, parking, and towing. (Towing signs are regulated per EC 5.540 Signs Required for Parking Facilities Before Citing or Towing Unauthorized Vehicles.)

Public Signs. 1) Signs constructed or placed in a public right-of-way by or with the approval of a governmental agency having legal control or ownership over the right-of-way; 2) Signs owned or constructed under the direction or authorization of the city, including, but not limited to, signs installed within parks and at natural resource areas within the NR Natural Resource Zone and PRO Parks, Recreation and Open Space Zone to account for entrances, trail signs, and markers; and 3) Signs placed by a public utility for the purpose of providing information concerning a pole, line, pipe or other facility belonging to the public utility.

Residential Property Signs. Two signs for each development site used primarily for a single-unit dwelling or duplex. The signs are limited to the following types: freestanding sign or banner. A freestanding sign may not exceed 12 square feet in size per face, with a maximum of two faces; a banner may not exceed 15 square feet in size. The maximum height of a freestanding sign under this exemption is 5 feet (from grade), and it must be separated by at least 8 feet from any other freestanding sign on the same development site.

Seasonal Decorations. Lights and decorations in place during the period between November 15 and January 15.

Signs During Elections. Signs 12 square feet or less in area, located on private property during the period from 60 days before to 5 days after any public election to be held in Lane County, Oregon.

Signs on Historic Property. Signs constructed or maintained on historic property, as defined in this land use code, which signs are otherwise subject to regulation because of their location on historic property.

Stadium Signs. Signs located within a sports stadium which are intended for viewing primarily by persons within such stadium, where the stadium is enclosed by a site obscuring fence or wall at least 6 feet in height.

Traffic Directing Signs. The owner or lessor of private property may construct 1 sign at each entrance to the property and at each entrance to a building on the property for the purpose of providing direction to vehicular or pedestrian traffic. Except for signs painted on paved surfaces, each sign shall not exceed 3 square feet of surface area and shall be no more than 30 inches in height, if located in a vision clearance triangle as defined in EC 9.6780 Vision Clearance Area. If the sign is located outside a vision clearance triangle, then the sign shall be no more than 5 feet in height.

Transit Signs. Signs identifying transit stops, facilities, and bus routes only. Transit signs shall not include commercial advertising at bus stops or on transit-oriented street furnishings.

Vehicular Signs. Any sign permanently or temporarily placed on or attached to a motor vehicle, where the vehicle is used in the regular course of business for purposes other than the display of signs, except taxis whose signage is regulated by EC 3.345 Public Passenger Vehicle Services – License and/or Permit Required.

Vending in Downtown Activity Area. Signs, including portable signs, for activities authorized by Downtown Activity permits issued for private commerce on public property.

Vending Machine Signs. Any sign which forms an integral part of a machine used to dispense goods to consumers.

Wall Signs, Small. Wall signs with no interior illumination, a surface area of 6 square feet or less and which are 8 feet or less above grade, intended for persons already on the development site.

Warning Signs. Any public notice or warning required by a valid and applicable federal, state or local law, regulation, or ordinance, and emergency warning signs erected by a governmental agency, utility company or a contractor doing authorized or permitted work within a public right-of-way.

(3) No sign is exempt from the provisions of:

(a) EC 9.6615 Prohibited Signs,

(b) EC 9.6620 Nonconforming Signs, or

(c) EC 9.6640 General Provisions,

unless specifically exempted under one of those provisions.

(Section 9.6610, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20502, enacted November 26, 2012, effective December 28, 2012; and Ordinance No. 20557, enacted July 27, 2015, effective August 30, 2015; Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6615 Prohibited Signs.

Except where qualified as a nonconforming sign, the following signs are unlawful and are declared to be nuisances:

(1) Any sign constructed or maintained which, by reason of its size, location, movement, coloring or manner of illumination may be confused with or construed as a traffic control device or which hides from view any traffic control device.

(2) Any sign written or placed upon or within a motor vehicle with the primary purpose of providing a sign not otherwise allowed by the sign standards.

(3) Any sign constructed, maintained or altered in a manner not in compliance with the sign standards.

(4) Balloons and banners (pursuant to EC 9.6605 Reconciliation, banners exempt under EC 9.6610(2) and signs permitted as public signs are not included within this prohibition);

(5) Decorative laser signs, search lights, and flashing signs;

(6) Inflatable signs other than balloons;

(7) Portable signs, except as authorized by a permit within the Downtown Activity Zone and warning signs as permitted by EC 9.6605 Reconciliation;

(8) Strings of lights not permanently mounted to a rigid background or otherwise qualified as seasonal decorations; and

(9) Signs in the public right-of-way not authorized by a governmental agency.

(Section 9.6615, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; and amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; amended by Ordinance No. 20502, enacted November 26, 2012, effective December 28, 2012; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020.)

9.6620 Nonconforming Signs.

(1) Nonconforming signs may be maintained subject to the following conditions:

(a) No additions or enlargements may be made to a nonconforming sign except additions or enlargements required by law.

(b) If any nonconforming sign is moved, voluntarily or involuntarily, that sign shall thereafter conform to the requirements of the sign standards as a newly constructed sign.

(c) Any sign which is constructed to replace a nonconforming sign shall be constructed in compliance with all applicable provisions of the sign standards.

(2) Whenever a nonconforming sign is damaged or destroyed to the extent of 50 percent or less of its value as of the last date of use, it may be restored and the use of the sign which existed at the time of the damage or destruction may be continued, if such restoration is started within a period of 90 days of such damage or destruction and is diligently pursued thereafter.

(3) Except as provided in EC 9.6675(7) and EC 9.6680(7) or where only a change in display copy is made, any nonconforming sign which is structurally altered or has illumination installed shall be brought into compliance with all applicable provisions of the sign standards within 90 days and shall thereafter be kept in compliance with the sign standards.

(4) Nothing in this section shall be deemed to prevent the maintenance of any sign, or regular manual changes of sign copy on a sign intended for such purposes.

(5) The provisions of subsection (2) of EC 9.6635 Approval of Permit Application do not apply to signs in existence pursuant to a validly issued sign permit as of July 1, 1990, along Goodpasture Island Road from a point 300 feet north of the intersection with Valley River Way to a point 1400 feet north of the intersection. The provisions of subsection (2) of this section shall apply except that restoration of a damaged sign shall be allowed where a sign is damaged to the extent of 100 percent of its value. All other provisions of this section shall apply.

(Section 9.6620, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020.)

9.6625 Permit Required.

(1) Except as provided in EC 9.6610 Exemptions to Sign Standards, no person shall construct any sign unless a sign permit for that sign has been issued by the city. A sign permit for the construction and continued use of a sign shall be subject to the terms and conditions stated in the permit and to the sign standards.

(2) Maintenance of a sign or sign structure shall not require a sign permit.

(3) Failure to abide by the terms of a sign permit or applicable provisions of the sign standards shall invalidate a sign permit. The building and permit services manager may take such steps as are necessary to abate such a sign as a public nuisance.

(Section 9.6625, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6630 Permit Application.

(1) An application and related information shall be submitted by the applicant, in a manner prescribed by the city, together with a fee established by the city manager as provided by EC 2.020 City Manager – Authority to Set Fees and Charges.

(2) No application shall be considered, nor a permit issued until the applicant has submitted a complete application, including a set of plans for the proposed sign and structural calculations where required. A complete application shall be an application where all required information is provided to allow the city to make a determination on the application. If a sign permit application is not determined complete by the city within 180 days of submittal, it shall expire.

(3) The city shall grant or deny a sign permit application within 21 calendar days following receipt of a complete application.

(4) When required, the applicant shall submit proof that work will be done by a contractor licensed in compliance with local or state law to perform the specialized tasks required for construction of the proposed sign.

(Section 9.6630, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; amended by Ordinance No. 20502, enacted November 26, 2012, effective December 28, 2012; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020).

9.6635 Approval of Permit Application.

(1) The building and permit services manager shall approve a sign permit upon finding that the applicant has met all requirements of the sign standards.

(2) No permit shall be approved for the construction of a sign where the applicant or business occupant intending to use the proposed sign presently owns or uses a nonconforming sign in conjunction with a business located at the development site proposed as the location of the new sign.

(3) No permit shall be issued for a use which is not allowed in the zone in which the development site is located.

(4) An approved sign permit shall expire 180 days after the applicant has been notified of the permit approval unless the applicant has paid all fees and the approved permit has been issued to the applicant.

(5) Unless the permit holder requests an extension of the permit and demonstrates good cause for such an extension, a sign permit shall expire if the sign construction or other work authorized by a sign permit is not completed within 180 days after the date of issue.

(6) No sign construction shall be considered finally complete until the permit holder has notified the city that work is finished and the city has inspected the sign and is satisfied that the sign construction has been completed in conformity with the approved plans and otherwise complies with the sign standards.

(7) If a permit is denied, the applicant shall receive a notice of denial in writing, setting forth the reasons for the denial.

(8) A decision granting or denying a sign permit may be appealed to a hearings official. Appeals are processed according to other Type II applications beginning at EC 9.7200 General Overview of Type II Application Procedures. The decision of the hearings official is final.

(Section 9.6635, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020.)

9.6640 General Provisions.

(1) Compliance with the Uniform Building Code. All signs requiring a development permit shall be constructed in accordance with the State of Oregon Structural Specialty Code in effect at the time of permit application submittal.

(2) Limitation of Sign Types. All signs not expressly permitted under the sign standards or exempt from regulation in accordance with EC 9.6610 Exemptions to Sign Standards are prohibited.

(3) Calculation Standards. For purposes of calculation of all areas and distances under the sign standards, the following apply:

(a) Street Frontage. Except as otherwise provided, the limitations on numbers of signs permitted on a development site is based on the development site having only 1 street frontage. Development sites fronting on 2 or more streets are allowed the number of signs permitted for each street frontage. However, the total number of signs that are oriented toward a particular street may not exceed the portion of the development site’s total sign allocation that is derived from the frontage on that street.

(b) Perimeter Walls. The exterior wall of a building shall be measured at the floor level of each floor, including the ground floor. Alcoves, entryways and extruding portions shall be treated by measuring through such areas as though along the flat wall of a building. The length of each perimeter wall shall be the average of the floor lengths on that wall. (See Figure 9.6640(3)(b) Perimeter Wall Area for Sign Standards.)

(c) Back-to-Back Sign Area. When 2 sign faces supported by the same sign structure are placed back-to-back, the sign surface area shall be the area of the larger sign. As used herein, back-to-back means signs which face in opposite directions and are parallel or form an angle of no greater than 30 degrees.

(d) Sign Area. The area of all sign elements which together convey a single, complete message shall be combined and considered as a single sign. The area of a sign face shall be the entire area of each sign element included within a single, continuous perimeter which encloses the extreme limits of a sign, except for trim or structural elements lying outside all portions of the sign devoted to display, and in no case passes through or between any adjacent elements of the sign. Irregularly shaped signs or elements of a sign shall be measured in increments of 1 foot. (See Figure 9.6640(3)(d) Sign Area Calculation.)

(e) Rotating Signs. For rotating signs, each side or element containing display copy shall be counted in the total allowable sign area.

(f) Sign Height. The sign height is the vertical distance from the grade to the highest point of a sign or sign structure. All sign heights, including roof signs, shall be measured from the grade. (See Figure 9.6640(3)(f) Sign Height Calculation.)

(4) Location Standards.

(a) Setbacks. All signs shall comply with the setback requirements beginning at EC 9.2000 through EC 9.3980 and EC 9.6745 Setbacks – Intrusions Permitted.

(b) Obstruction Prohibited. No sign shall substantially obstruct the view of another sign when the obstructed sign is viewed from a distance of 200 feet along the closest sign-facing travel lane in the public right-of-way.

(c) Projecting Over the Public Way. Except as specified in EC 9.6670 Central Commercial Sign Standards, no privately owned sign may project over any public right-of-way.

(d) Vision Clearance. Signs must comply with vision standards as specified in EC 9.6780 Vision Clearance Area. (See also EC 9.6255 Vision Clearance Area Landscaping.)

(5) Construction Standards.

(a) Structural Design. Signs shall comply with adopted state building codes.

(b) Clearance Over Pedestrian Way. The minimum clearance of all signs projecting over a pedestrian way shall be 8 feet except that where a marquee projects more than 2/3 of the distance from the property line to the curb, the minimum clearance shall be 12 feet.

(c) Clearance Over Vehicle Use Area. The minimum clearance of all signs projecting over any portion of a vehicle use area shall be 16 feet. Bollards or other physical barriers capable of protecting all portions of the sign projecting over the vehicle use area may be used to satisfy this standard.

(d) Rotating Signs. No sign shall rotate or have a rotating or moving part or parts that revolve at a speed in excess of 2 revolutions per minute. Readerboard signs shall not rotate.

(e) Roof Signs. Roof signs shall be mounted so that the bottom of the roof sign is not more than 1 foot above the surface of the roof or parapet wall at the sign location.

(f) Wall Signs. Wall signs may project up to 12 inches from the wall, except that wall signs shall project no more than 4 inches from the wall when the sign is less than 8 feet above a sidewalk or public way.

(6) Illumination Standards.

(a) Maximum Exposed Illumination. No single light source element which exceeds 15 watts shall be used in connection with a sign or to illuminate a sign in a way which exposes the face of the bulb, light or lamp when viewed from a public street.

(b) Glare Reduction. No sign shall be illuminated or use lighting where such lighting is directed at any portion of a traveled street or will otherwise cause glare or impair the vision of the driver of a motor vehicle or otherwise interfere with the operation thereof. Exterior illumination shall be top mounted and shielded to aim light downward only.

(c) Illumination From Signs on Nonresidential Property. Illumination resulting from all signs and lighting on any property in a non-residential zone shall not exceed 2 foot candles at a height of 5 feet when measured at any point on property in a residential zone. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone.

(d) Illumination From Signs on Residentially Zoned Property. Lighting from all light sources operated for the purposes of sign illumination on property in a residential zone shall not be more than 2 foot-candles at any point along the boundary of the development site. Externally illuminated signs shall be shielded.

(7) Readerboard Standards. Except as specified in EC 9.6670 Central Commercial Sign Standards, no sign within 15 feet of a street property line shall have a proportion greater than 40 percent of the sign face used as a readerboard sign.

(8) Maintenance. All signs, together with all of their supports, braces, guys, anchors and electrical equipment, shall be kept fully operable, in good repair and maintained in safe condition, free from excessive rust, corrosion, peeling paint or other surface deterioration.

(9) Electronic Message Centers. Except electronic message centers operated as public signs by governmental agencies, electronic message centers are subject to the following limitations:

(a) Except as provided in subsection (b) of this section, that portion of any sign used as an electronic message center, shall be limited to 3 square feet in area, may display no more than 5 characters, and must not change the displayed message at intervals of less than once every 3 seconds. No electronic message center, except for temporary construction use, shall exceed a maximum 1-hour equivalent A-weighted sound pressure level of 50 dBa at the receiving property line when the receiving property is occupied by a dwelling, hospital, school, library or assisted care center.

(b) Each service station may include up to 6 rectangular digital signs, constructed a minimum of 3 inches from each other, limited to 20 square feet in area cumulatively, and must not change the displayed message at intervals of less than once every 24 hours.

(10) Digital Signs. One digital sign up to 20 square feet in area is permitted per institutional use on a development site. Digital signs must be located a minimum of 50 feet from the property line of any residentially zoned property. All digital signs shall be subject to the following standards:

(a) The change from one message to another message shall be no more frequent than once every 10 seconds.

(b) The change from one message to another message shall be instantaneous.

(c) Animation, scrolling or other perceived movement is not allowed.

(d) The digital sign shall operate at an internal illumination intensity level of not more than 0.3 foot-candles over ambient light levels as measured from a distance of 45 feet perpendicular to the sign face.

(e) The digital sign shall be equipped with a light sensor that automatically adjusts the intensity of the digital display according to the amount of ambient light.

(Section 9.6640, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20569, enacted November 14, 2016, effective December 17, 2016; and Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020.)

9.6645 Applicability of Sign Standards.

(1) No sign permit shall be issued for any sign unless specifically identified as an allowed sign use under the terms of the applicable sign standards or otherwise allowed a permit under EC 9.6620 Nonconforming Signs or exempted from the requirement for a permit under EC 9.6610 Exemptions to Sign Standards.

(2) Except as otherwise specified, signs located on property zoned S Special Zone shall be subject to the provisions of:

(a) EC 9.6650 Residential Sign Standards, if the use thereon is primarily characterized as residential,

(b) EC 9.6680 Employment and Industrial Sign Standards, if employment or industrial,

(c) EC 9.6660 General Commercial Sign Standards, or

(d) EC 9.3970(11) if the property is zoned S-WS Walnut Station Special Area Zone.

(3) Property within an area subject to a change in zoning shall be governed by the provisions of the sign standards applicable to the new zone upon the effective date of the order amending the zoning map or part of said map. Completed applications for sign permits made before the effective date of the zone change will be considered under the provisions of the sign standards applicable to the zone existing at the time the application was submitted. All legally established signs which are not in compliance with the provisions of the sign standards applicable to the new zone applied shall be considered legal nonconforming signs.

(4) Except as otherwise specified, signs located on property subject to a new zoning classification created after August 1, 2001 shall be included in and subject to the provisions of EC 9.6650 Residential Sign Standards.

(5) For the purpose of these sign standards, tax lots or development sites with no street frontage shall be considered to have one street frontage.

(Section 9.6645, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020.)

9.6650 Residential Sign Standards.

The residential sign standards are hereby created and applied to all land zoned as set forth below. Signage is limited to preserve the character of the area by allowing signs only for residential purposes and for non-residential uses allowed in the applicable zone.

(1) Corresponding Zones. The provisions of this section apply to all property lying within the following zones: AG, NR, PRO, R-1, R-1.5, R-2, R-3, and R-4.

(2) Permitted Sign Types. Signs allowed under residential sign standards are limited to the following types:

(a) Awning signs;

(b) Digital signs;

(c) Freestanding signs;

(d) Readerboards; and

(e) Wall signs.

(3) Maximum Number of Signs. The number of signs residential sign standards allow is based on the number of street frontages and is limited to no more than the following amounts for each street frontage:

(a) One wall sign per dwelling unit used as a single-unit dwelling.

(b) One freestanding, wall or awning sign for each development site used for multiple-unit dwellings.

(c) One permanent subdivision or planned unit development sign for each development site used or planned as a subdivision or planned unit development, and one permanent manufactured dwelling park sign for each manufactured dwelling park.

(d) One temporary subdivision sign or planned unit development sign for each development site planned or used as a subdivision or planned unit development. Such temporary sign must be constructed in connection with the offer for sale of any parcel or unit and may remain in place for 1 year, subject to renewal for no more than 1 additional year at a time where parcels or units remain unsold.

(e) One freestanding, wall, or awning sign for each development site used for non-residential purposes.

(4) Maximum Sign Area. The residential sign standards apply the following size limitations:

(a) Freestanding Signs.

1. Located on property used for residences other than single-unit dwellings or duplexes shall be no more than 12 square feet for 1 face and 24 square feet for 2 or more faces.

2. Located on non-residentially used property or classified as a permanent subdivision or planned unit development sign shall be no more than 32 square feet for 1 face and 64 square feet for 2 or more faces.

3. Classified as temporary subdivision or planned unit development sales signs shall be no more than 64 square feet in area for 1 or more faces.

(b) Wall and Awning Signs.

1. Located on property used for single-unit dwellings shall be no more than 1.5 square feet in area.

2. Located on property used for multiple-unit dwellings shall be no more than 12 square feet in area.

3. Located on property used for non-residential purposes shall be no more than 32 square feet in area for 1 or more faces.

4. Classified as a permanent subdivision or planned unit development sign shall be no more than 32 square feet for 1 face and 64 square feet for 2 or more faces.

5. Classified as a temporary subdivision or planned unit development sign shall be no more than 64 square feet for 1 or more surfaces.

(5) Maximum Height. All freestanding signs shall be no more than 5 feet in height, except temporary subdivision signs, which shall be no more than 8 feet in height.

(Section 9.6650, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6655 General Office Sign Standards.

The general office sign standards are hereby created and applied to all land as set forth below. Signs are regulated to accommodate the office buildings and other public uses that are commonly located within these zones and because of the proximity of residential areas.

(1) Corresponding Zones. The provisions of this section apply to all property located within the following zones: GO and PL.

(2) Permitted Sign Types. Signs allowed under general office sign standards shall be limited to the following types:

(a) Awning signs;

(b) Digital signs;

(c) Electronic message centers;

(d) Freestanding signs;

(e) Marquee signs;

(f) Readerboards;

(g) Under-marquee signs; and

(h) Wall signs.

(3) Maximum Number of Signs. The number of signs the general office sign standards allow shall be based on the number of street frontages and shall be limited to no more than the following amounts for each street frontage:

(a) One freestanding sign per occupied building;

(b) One under-marquee sign per business occupant; and

(c) One awning, marquee or wall sign per business occupant.

(4) Maximum Sign Area. In addition to all other standards, the general office sign standards shall apply the following size limitations:

(a) A freestanding sign shall be no more than 32 square feet for 1 face and 64 square feet for 2 or more faces.

(b) The sum of the area of all wall signs, marquee signs and awning signs on any wall where the general office sign standards apply shall be limited to 0.5 square feet times the length of the perimeter wall upon which the signs are located.

(c) No awning, marquee, under-marquee, or wall sign may exceed 100 square feet per face.

(5) Maximum Height. A freestanding sign shall be no more than 8 feet in height.

(Section 9.6655, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020.)

9.6660 General Commercial Sign Standards.

The general commercial sign standards are hereby created and applied to all land as set forth below. Sign limitations reflect the commercial nature of the area and the amount of vehicular traffic.

(1) Corresponding Zones. Except as otherwise provided in the shopping center and highway commercial sign standards, the provisions of this section apply to all property located within the following zones: C-1 or C-2.

(2) Permitted Sign Types. Signs allowed under these standards shall be limited to the following types:

(a) Awning signs;

(b) Digital signs;

(c) Electronic message centers;

(d) Freestanding signs;

(e) Marquee signs;

(f) Readerboards;

(g) Roof signs;

(h) Under-marquee signs; and

(i) Wall signs.

(3) Maximum Number of Signs. The number of signs general commercial sign standards allow shall be based on the number of street frontages and shall be limited to no more than the following amounts for each street frontage:

(a) If the development site is occupied by only 1 business occupant:

1. One under-marquee sign, and

2. One awning, marquee, or freestanding sign.

3. The business occupant may substitute 2 wall signs on separate walls, or 2 single-faced roof signs, or 1 wall and 1 single-faced roof sign for the free-standing sign permitted in paragraph (a)2. of this subsection.

(b) If the development site is occupied by more than 1 business occupant:

1. One under-marquee sign per business;

2. One awning, marquee or wall sign per business; and,

3. One freestanding sign, or 2 single-faced roof signs, or 2 additional wall signs, or 1 additional wall sign and 1 single-faced roof sign per development site, provided that such additional wall signs are placed on separate walls.

(4) Maximum Sign Area. In addition to all other standards, the general commercial sign standards shall apply the following size limitations:

(a) Freestanding signs and roof signs shall not exceed 40 square feet in area for 1 face and 80 square feet in area for 2 or more faces for each business occupant on a development site. The maximum sign area when 2 business occupants are on the development site shall not exceed 80 square feet for 1 face or 160 square feet for 2 or more faces. The maximum sign area when 3 or more business occupants are on the development site shall not exceed 100 square feet for 1 face and 200 square feet for 2 or more faces.

(b) Wall, awning, marquee and under-marquee signs:

1. The sum of the area of all wall signs, marquee signs and awning signs on any wall where the general commercial sign standards apply shall be limited to 1.5 square feet times the length of the perimeter wall upon which the signs are located.

2. No sign shall exceed 100 square feet per face or 200 square feet for 2 or more faces.

(5) Maximum Height. All freestanding signs and roof signs shall be no more than 20 feet in height.

(Section 9.6660, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020.)

9.6665 Shopping Center Sign Standards.

The shopping center sign standards are hereby created and applied to all land as set forth below. Sign limitations in these standards accommodate the special commercial character of these areas and the residential areas which are close to most shopping centers.

(1) Corresponding Zones. The provisions of this section apply to all property not regulated by the highway commercial sign standards on which a shopping center is located and which is within the following zones: C-1 or C-2.

(2) Permitted Sign Types. Signs allowed under the shopping center sign standards shall be limited to the following types:

(a) Awning signs;

(b) Digital signs;

(c) Electronic message centers;

(d) Freestanding signs;

(e) Marquee signs;

(f) Readerboards;

(g) Roof signs;

(h) Under-marquee signs; and

(i) Wall signs.

(3) Maximum Number of Signs. Except as provided in subparagraph (b) of this subsection, the number of signs shopping center sign standards allow shall be based on the number of street frontages and shall be limited to no more than the following amounts for each street frontage:

(a) There shall be no limitation on the number of free-standing or roof signs, except that no freestanding or roof sign shall be placed within 200 feet of another freestanding or roof sign on that development site.

(b) Two wall, marquee or awning signs per business occupant, however, no business occupant shall have more than 3 wall or awning signs regardless of the number of street frontages. If a second or third sign is located on the same wall, it may be no larger than 40 square feet.

(c) One under-marquee sign per business occupant.

(4) Maximum Sign Area. In addition to all other standards, shopping center sign standards shall apply the following size limitations:

(a) Awning, marquee and wall signs: the sum of the area of all such signs on any wall where the shopping center sign standards apply shall be limited to 1.5 square feet times the length of the perimeter wall upon which the signs are located.

(b) No freestanding or roof sign shall exceed 100 square feet of surface area for any 1 face and 200 square feet for 2 or more faces.

(c) Each wall, awning, marquee and under-marquee sign shall be less than 200 square feet for 1 face or less than 400 square feet for 2 or more faces.

(5) Maximum Height. Freestanding and roof signs where the shopping center sign standards apply shall not be more than 20 feet in height.

(Section 9.6665, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020.)

9.6670 Central Commercial Sign Standards.

The central commercial sign standards are hereby created and applied to all property within the central commercial zones as set forth below. Signs are restricted in recognition of the high density usage of these areas, where pedestrian traffic is heavy and vehicular traffic is commonly limited.

(1) Corresponding Zones. The provisions of this section apply to all property not regulated by the highway commercial sign standards which is zoned C-3, to property within the S-DR Downtown Riverfront Special Area Zone, to property within the S-F 5th Street Special Zone, and to those portions of the S-RP Riverfront Park Special Zone which are not within 200 feet of the Franklin Boulevard center line.

(2) Permitted Sign Types. Signs allowed under the central commercial sign standards shall be limited to the following types:

(a) Awning signs;

(b) Digital signs;

(c) Electronic message centers;

(d) Freestanding signs;

(e) Marquee signs;

(f) Projecting signs;

(g) Readerboards;

(h) Roof signs;

(i) Under-marquee signs; and

(j) Wall signs.

(3) Maximum Number of Signs. The number of signs allowed by the central commercial sign standards are as follows:

(a) No more than 1 electronic message center, freestanding, readerboard, or roof sign per development site street frontage.

(b) The number of allowed awning, marquee, under-marquee and wall signs is not limited.

(c) Except as provided in subparagraph (d) of this subsection (3), 1 projecting sign per business occupant.

(d) Notwithstanding subparagraph (c) of this subsection (3), a business occupant is allowed one projecting sign per building facade if all of the following criteria are met:

1. The building is located on a lot zoned S-DR Downtown Riverfront Special Area Zone; and

2. The area of the lot is greater than 0.5 acres; and

3. The building façade fronts 4th Avenue, High Street, Mill Street, Nak-nak Avenue, Wiley Griffon Way, or a street identified as Primary/Great in Figure 9.3160(4).

(4) Maximum Sign Area. In addition to all other standards, the central commercial sign standards shall apply the following size limitations:

(a) Freestanding, roof, and projecting signs shall be no more than 100 square feet for 1 face and 200 square feet for 2 or more faces.

(b) Awning, marquee, under-marquee and wall signs shall be less than 200 square feet per face and less than 400 square feet for 2 or more faces.

(c) The sum of the area of all signs, except under – marquee signs, shall be limited to 1.5 square feet times the number of floors in a building times the length of the building’s perimeter walls. The area of wall, marquee, awning and projecting signs shall be calculated on the basis of the wall upon which the signs are located.

(d) In any event, each development site without a building shall be allowed a maximum sign area of 50 square feet.

(5) Maximum Height. No freestanding or roof signs may be more than 20 feet in height.

(6) Special Provisions. The following signs are subject to special provisions:

(a) Theaters may use readerboard signs. On theaters, there shall be no limit on the size of the readerboard sign.

(b) Awnings, marquees and projecting signs may project over public rights-of-way. The city shall have the right to require a revocable permit under Chapter 7 of this code, unless the projections are required by EC 9.4085(7).

1. Awnings and marquees may project a maximum of 7 feet into the public right-of-way.

2. Projecting signs may project a maximum of 4.5 feet into the public right-of-way.

3. No sign may project into a public right-of-way to a point within 2 feet of the vertical plane of any street (curb face), alley or driveway.

4. No sign may project into an alley clearance area. The "alley clearance area" is the area formed by a line drawn from the intersecting point of a sidewalk or other public way and a public alley at an angle of 30 degrees from the projection of the boundary of the alley into the intersecting public way. (See Figure 9.6670(6)(b) Projecting Sign Area.)

5. No sign may project from a building at the corner of 2 streets more than 1 foot for every 5 feet of distance from the point where the building wall on which the sign is attached would intersect the curb if that wall extended to the curb. (See Figure 9.6670(6)(b) Projecting Sign Area.)

(Section 9.6670, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20271, enacted November 25, 2002, effective December 25, 2002; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; amended by Ordinance No. 20513, enacted July 8, 2013, effective August 9, 2013; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020; Ordinance No. 20712, enacted September 9, 2024, effective October 12, 2024.)

9.6675 Highway Commercial Sign Standards.

The highway commercial sign standards are hereby created and applied to all land as set forth below. Signs in this area are regulated to accommodate the mixed uses of the areas and the presence of major streets with high traffic volumes.

(1) Corresponding Zones. The provisions of this section apply to that property within the S-RP Riverfront Park Special Zone located within 200 feet of the Franklin Boulevard center line and to property within the C-1, C-2, C-3, or any employment and industrial zone with frontage along the following named streets:

(a) Beltline Road from 11th Avenue to Roosevelt Boulevard;

(b) Broadway from Mill Street to Franklin Boulevard;

(c) Coburg Road from 6th Avenue to 200 feet north of Frontier Drive;

(d) Franklin Boulevard east from Broadway, including the north-south segment;

(e) Garfield Street from 11th Avenue to 5th Avenue;

(f) Goodpasture Island Road from Valley River Drive to 1,700 feet north;

(g) Highway 99 North;

(h) I-5 on the south side only from Henderson Avenue to 300 feet north of Laurel Hill Drive;

(i) I-105 from the Coburg interchange to Scout Access Road;

(j) Mill Street from Broadway to Coburg Road;

(k) Railroad Boulevard;

(l) 6th Avenue east of conjunction with Highway 99 North;

(m) 7th Avenue east of conjunction with Highway 99 North; and

(n) 11th Avenue from 200 feet east of the centerline of Chambers Street to Terry Street.

(2) Permitted Sign Types. Signs allowed under the highway commercial sign standards shall be limited to the following types:

(a) Awning signs;

(b) Billboards;

(c) Digital Billboards;

(d) Digital Signs;

(e) Electronic message centers;

(f) Freestanding signs;

(g) Marquee signs;

(h) Projecting signs;

(i) Readerboards;

(j) Roof signs;

(k) Under-marquee signs; and

(l) Wall signs.

(3) Maximum Number of Signs. The highway signs standards shall have no limit on the number of signs permitted except that no freestanding or roof sign may be constructed within 200 feet of any other freestanding or roof sign on the development site, regardless of the number of street frontages.

(4) Maximum Sign Area. In addition to all other standards, the highway sign standards shall apply the following size limitations:

(a) Freestanding signs and roof signs shall not exceed 100 square feet in area for 1 face and 200 square feet for 2 or more faces.

(b) Notwithstanding any other provision except (6)(c) of this section, the sum of the area of all billboards, awning signs, marquee signs, projecting signs, and wall signs located on a single development site where the highway sign standards apply shall be limited to 1 square foot times the length of the perimeter wall upon which the signs are located. If not located on a wall, the area of any billboard located on the development site shall be included in the total sign area attributed to that site.

(c) No awning, marquee, under-marquee, projecting or wall sign may exceed 100 square feet for any 1 face, and no awning, marquee or projecting sign may exceed 200 square feet for 2 or more faces.

(d) Notwithstanding the number of street frontages, no business occupant shall use more than 1000 square feet of sign surface area, including billboards, at any single development site.

(5) Maximum Height. All billboards, freestanding signs and roof signs shall be no more than 30 feet in height.

(6) Billboards. Billboards shall be subject to the following standards:

(a) Billboards located along the streets named in subsections (1)(b) through (1)(g) and (1)(j) through (1)(n) of this section shall not exceed 250 square feet in surface area.

(b) Billboards located on developed property along streets named in subsections (1)(a), (1)(h) and (1)(i) of this section shall not exceed 300 square feet in surface area.

(c) A billboard may be located on an otherwise vacant lot abutting any street designated in this section, provided that the billboard does not exceed the maximum size for billboards along such a street, and does not otherwise violate any provision of this land use code.

(d) Cutouts. The maximum allowable area of any billboard may be increased by a supplemental sign element no larger than 20 percent of the total surface area of the billboard. The additional sign element must be attached to the billboard and refer to or relate to the sign copy displayed on the face of the billboard.

(e) Billboard Locations. Billboards may be located only on property abutting a street designated for the location of billboards.

(f) Billboard Distances. Notwithstanding any other provision of the sign standards, no billboard may be located within 350 feet of another billboard where the billboards are located on the same side of the street. Further, no billboard may be located within 150 feet of another billboard when the billboards are located across the street. These distances between billboards shall be measured along the centerline of the street designated to be a location for billboards.

(g) Billboard Orientation. All billboards must be placed within 100 feet of a street designated for the location of billboards and must be oriented toward 1 of the directions of travel along the street designated for the location of billboards.

(h) Billboard Maximums. Notwithstanding any other provision of the sign standards, the total area of all billboard sign faces oriented in the same direction shall not exceed 1300 square feet in any one-half mile of street frontage designated for the location of billboards.

(i) Billboard Removal. The owner of a billboard shall provide the city written notice of the owner’s intent to remove a billboard not more than 60 days nor less than 30 days before the removal of the billboard.

1. The owner of a billboard who has notified the city of the owner’s intent to remove the billboard may submit an application for the construction of a replacement billboard. If the proposed replacement billboard is to be at any location within ½ mile of the location of the removed billboard, and if the application is submitted within 30 days of the date of the removal of the billboard, such application shall be given preference over any sign permit application previously submitted but not yet approved which would have an effect on the determination of the application for a replacement billboard.

2. If no such application is submitted by the owner of a billboard to be removed within 30 days after the billboard is removed, the city may grant a sign permit to any applicant, even if that permit precludes the replacement of the billboard.

(7) Digital Billboards. In addition to the standards in EC 9.6675(6), Digital Billboards shall be subject to the following standards. Where standards conflict, the standards for Digital Billboards in this subsection (7) shall control:

(a) Minimum spacing between digital billboards facing the same direction shall be 1,200 feet. For purposes of this subsection, “facing the same direction” means oriented within 60 degrees of the sign face of another digital billboard. The distance between digital billboards shall be measured along the centerline of the street designated to be a location for digital billboards.

(b) The change from one message to another message shall be no more frequent than once every 8 seconds.

(c) The change from one message to another message shall be instantaneous.

(d) Animation is not allowed.

(e) The digital billboard shall operate at an internal illumination intensity level of not more than 0.3 foot-candles over ambient light levels as measured from a distance of 150 feet perpendicular to the sign face.

(f) The digital billboard shall be equipped with a light sensor that automatically adjusts the intensity of the billboard according to the amount of ambient light.

(g) The digital billboard shall be designed to either freeze the display in one static position, display a full black screen or turn off in the event of a malfunction.

(h) Cutouts are not allowed.

(i) Notwithstanding EC 9.1230, legal nonconforming billboards may be removed and replaced by digital billboards if the location, area and height of the sign do not change and if the building permit is issued within 365 days of the 1st day of demolition. However, no digital billboard shall be larger than 300 square feet and all other standards in this section must be met.

(j) Digital billboards are allowed at the locations identified at EC 9.6675(1) except for (f) and (k).

(Section 9.6675, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; and administratively amended March 10, 2005; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020.)

9.6680 Employment and Industrial Sign Standards.

The employment and industrial sign standards are hereby created and applied to all property zoned for employment and industrial use as set forth below. Signs are regulated to accommodate the minimal street frontage of most parcels and the general proximity to highways and arterial streets.

(1) Corresponding Zones. The provisions of this section apply to all property not regulated by the highway commercial sign standards and located within the following zones: all employment and industrial zones.

(2) Permitted Sign Types. Signs allowed under the industrial sign standards shall be limited to the following types:

(a) Awning signs;

(b) Billboards;

(c) Digital billboards;

(d) Digital signs;

(e) Electronic message centers;

(f) Freestanding signs;

(g) Marquee signs;

(h) Projecting signs;

(i) Readerboards;

(j) Roof signs;

(k) Under-marquee signs; and

(l) Wall signs.

(3) Maximum Number of Signs. The employment and industrial sign standards shall have no limit on the number of signs permitted except that no freestanding or roof sign may be constructed within 200 feet of any other freestanding or roof sign on the development site, regardless of the number of street frontages.

(4) Maximum Sign Area. The employment and industrial sign standards shall apply the following size limitations:

(a) Freestanding and roof signs shall not exceed 100 square feet in area for 1 face and 200 square feet for 2 or more faces.

(b) Notwithstanding any other provision, the sum of the area of all billboards, awning signs, marquee signs, projecting signs, and wall signs located on a single development site where the employment and industrial sign standards apply shall be limited to 0.5 square feet times the length of the perimeter wall upon which the signs are located. If not located on a wall, the area of any billboard located on the development site shall be included in the total sign area attributed to that site.

(c) Awning, marquee, projecting or wall signs shall be less than 200 square feet for any 1 face, and less than 400 square feet for 2 or more faces.

(d) Notwithstanding the number of street frontages, no business occupant shall use more than 1000 square feet of sign surface area, including billboards, at any single development site.

(5) Maximum Height. All billboards, freestanding signs and roof signs shall be no more than 30 feet in height except freestanding signs.

(6) Billboards. Billboards regulated by the employment and industrial sign standards shall be subject to the following:

(a) Billboards shall be permitted only along property which abuts the following named streets:

1. Garfield Street north of 5th Avenue to the intersection of Roosevelt Boulevard.

2. Seneca Street north of 11th Avenue to the intersection of Roosevelt Boulevard.

3. Bertelsen Road north of 11th Avenue to the intersection of Roosevelt Boulevard.

4. Obie Street north of 11th Avenue to the end of the street, but no further north than the intersection of Stewart Road.

5. West 11th Avenue from 200 feet east of the centerline of Chambers Street to Terry Street.

(b) No billboard shall exceed 250 square feet in area.

(c) Notwithstanding the required connection between perimeter wall size and billboard size established in (4)(b) of this section, a billboard not to exceed 200 square feet may be located on an otherwise vacant lot abutting any street designated in this section.

(d) The provisions of EC 9.6675(6)(d) to (i) shall apply to all billboards in areas regulated by the employment and industrial sign standards.

(7) Digital Billboards. In addition to the standards in EC 9.6680(6), digital billboards shall be subject to the following standards. Where standards conflict, the standards for digital billboards in this subsection (7) shall control:

(a) Minimum spacing between digital billboards facing the same direction shall be 1,200 feet. For purposes of this subsection, “facing the same direction” means oriented within 60 degrees of the sign face of another digital billboard. The distance between digital billboards shall be measured along the centerline of the street designated to be a location for digital billboards.

(b) The change from one message to another message shall be no more frequent than once every 8 seconds.

(c) The change from one message to another message shall be instantaneous.

(d) Animation is not allowed.

(e) The digital billboard shall operate at an internal illumination intensity level of not more than 0.3 foot-candles over ambient light levels as measured from a distance of 150 feet perpendicular to the sign face.

(f) The digital billboard shall be equipped with a light sensor that automatically adjusts the intensity of the billboard according to the amount of ambient light.

(g) The digital billboard shall be designed to either freeze the display in one static position, display a full black screen or turn off in the event of a malfunction.

(h) Cutouts are not allowed.

(i) Notwithstanding EC 9.1230, legal nonconforming billboards may be removed and replaced by digital billboards if the location, area and height of the sign do not change and if the building permit is issued within 365 days of the 1st day of demolition. However, no digital billboard shall be larger than 300 square feet and all other standards in this section must be met.

(j) Digital billboards are only allowed at the location described in EC 9.6680(6)(a)(5).

(Section 9.6680, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; administratively corrected on July 31, 2017; and amended by Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020.)

9.6700 Purpose of Site Development Standards.

Certain standards are required for development on all sites within the city or within a particular area, regardless of the zoning of the site. These standards are necessary to fulfill the general purpose of this land use code in EC 9.0020 Purpose.

(Section 9.6700, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6703 Driveways and Internal Circulation.

(1) Unless otherwise permitted in this code, driveways abutting an arterial or major collector street that serve a commercial, employment and industrial or multi-unit development shall be a minimum of 20 feet wide.

(2) If five or more lots will share one access connection, the driveway shall be designed and constructed as a private street in accordance with EC 9.6875.

(3) Development sites that will generate 100 or more peak hour vehicular trips in any peak hour per the Institute of Transportation Engineer’s Trip Generation shall comply with all of the following:

(a) All driveways shall have a minimum 50-foot internal vehicle stacking area. The internal vehicle stacking area is measured from the back of the sidewalk to centerline of the first internal circulation driveway or parking aisle, and is designed to queue vehicles exiting the development site and to prevent vehicles entering the development site from blocking the flow of traffic on the public street or causing unsafe conflicts with the on-site circulation.

(b) The development site shall provide internal circulation to accommodate emergency and delivery vehicles accessing the development site.

(4) The standard at (3)(a) may be adjusted if consistent with the criteria of EC 9.8030(27).

(Section 9.6703 added by Ordinance No. 20457, enacted March 8, 2010, effective April 10, 2010; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6705 Development in Floodplains – General.

(1) The special flood hazard areas identified by the Federal Insurance Administration in the scientific and engineering report entitled “The Flood Insurance Study (FIS) for Lane County and Incorporated Areas Volumes 1-4,” dated June 5, 2020, with accompanying Flood Insurance Rate Maps (FIRMs) Panels 0619 through 1650 are hereby adopted by reference and declared to be a part of this code. The Flood Insurance Study (FIS) and FIRM panels are on file at City of Eugene Public Works Engineering offices.

(2) Compliance. All development within special flood hazard areas is subject to the terms of EC 9.6705 to 9.6709 and required to comply with its provisions and all other applicable regulations.

(Section 9.6705, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; repealed and replaced by Ordinance No. 20684, enacted March 8, 2023, effective April 14, 2023.)

9.6706 Development in Floodplains – Development Permit.

(1) Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 9.6705. The permit shall be for all structures including manufactured homes as defined in this land use code, and for all other development including fill and other activities, as also defined in section 9.0500.

(2) Application. Application for a development permit within an area of special flood hazard shall be made on forms furnished by the City and may include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. In addition to material referenced in EC 9.6707, the following information is specifically required:

(a) In riverine flood zones, the proposed elevation (in relation to mean sea level), of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures.

(b) The proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed.

(c) Certification by a registered professional engineer or architect licensed in the State of Oregon that the floodproofing methods proposed for any non-residential structure meet the floodproofing criteria for non-residential structures in EC 9.6707(2)(c)3.

(d) A description of the extent to which any watercourse will be altered or relocated.

(e) Base Flood Elevation data for land division applications or other development when required per EC 9.6707(1)(f).

(f) The substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure.

(g) The amount and location of any fill or excavation activities proposed.

(h) A Conditional Letter of Map Revision (CLOMR) for any:

1. Proposed floodway encroachments that increase the base flood elevation; or

2. Proposed development which increases the base flood elevation by more than one (1) foot in areas where FEMA has provided base flood elevations but no floodway.

(Section 9.6706, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; repealed and replaced by Ordinance No. 20684, enacted March 8, 2023, effective April 14, 2023.)

9.6707 Development in Floodplains – Provisions for Flood Hazard Reduction.

(1) General Standards. In all special flood hazard areas, the following standards shall be adhered to:

(a) Alteration of Watercourses.

1. The flood carrying capacity within the altered or relocated portion of said watercourse shall be maintained.

2. Maintenance shall be provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished.

3. Prior to any alteration or relocation of a watercourse:

a. The City Manager or their designee shall notify adjacent communities, the Department of Land Conservation and Development, and other appropriate state and federal agencies and submit evidence of such notification to the Federal Insurance Administration.

b. The applicant shall notify the Federal Insurance Administration by transmitting a Letter of Map Revision (LOMR) along with either:

(1) A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or

(2) Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance.

4. When required under EC 9.6706(2)(h), the applicant shall submit a Conditional Letter of Map Revision (CLOMR).

(b) Anchoring.

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured dwellings shall be anchored per section EC 9.6707(2)(c)4.

(c) Construction Materials and Methods.

1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(d) Utilities and Equipment.

1. Water Supply, Sanitary Sewer, and On-Site Waste Disposal Systems.

a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.

c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.

2. Electrical, Mechanical, Plumbing and Other Equipment.

a. Except as provided in b., below, electrical, heating, ventilation, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated a minimum of one (1) foot above the Base Flood Elevation.

b. The requirement set out in a., above, does not apply to service equipment (including but not limited to electrical systems, equipment and components; heating, ventilation, air conditioning; plumbing appliances and plumbing fixtures; and duct systems) that is:

(1) Specially designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to one (1) foot above the Base Flood Elevation; and

(2) Not electrical, heating, ventilation, air-conditioning, plumbing, duct systems, and other equipment and service facilities being installed as part of a substantial improvement.

(e) Tanks.

1. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood.

2. Above-ground tanks shall be installed at or above the base flood level or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.

(f) Land division Proposals.

1. All new land division proposals and other proposed new developments (including proposals for manufactured dwelling parks and land divisions) that are 5 acres or more in size or are 50 lots or more, whichever is the lesser, shall include within such proposals, Base Flood Elevation data.

2. All new land division proposals and other proposed new developments (including proposals for manufactured dwelling parks and land divisions) shall:

a. Be consistent with the need to minimize flood damage.

b. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

c. Have adequate drainage provided to reduce exposure to flood hazards.

(g) Use of Other Base Flood Elevation Data.

1. When Base Flood Elevation data has not been provided in accordance with section EC 9.6705, the City Manager or designee shall obtain, review, and reasonably utilize any Base Flood Elevation data available from a federal, state, or other source, in order to administer EC 9.6707. All new land division proposals and other proposed new developments (including proposals for manufactured dwelling parks and land divisions) must meet the requirements of EC 9.6707(1)(f).

2. Base Flood Elevations shall be determined for development proposals that are 5 acres or more in size or are 50 lots or more, whichever is lesser in any A zone that does not have an established base flood elevation. Development proposals located within a riverine unnumbered A Zone shall be reasonably safe from flooding; the test of reasonableness includes use of historical data, high water marks, FEMA provided Base Level Engineering data, and photographs of past flooding, etc. When no base flood elevation data is available, the reasonably safe elevation requirement for development proposals with an elevation requirement, within a riverine unnumbered a zone, is at least two (2) feet above the highest adjacent grade. Failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates.

(h) Structures Located in Multiple or Partial Flood Zones. In coordination with the State of Oregon Specialty Codes:

1. When a structure is located in multiple flood zones on the community’s Flood Insurance Rate Maps (FIRM) the provisions for the more restrictive flood zone shall apply.

2. When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

(2) Specific Standards. These specific standards shall apply to all new construction and substantial improvements in addition to the General Standards contained in EC 9.6707(1).

(a) Flood Openings. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements. Enclosed areas below the Base Flood Elevation, including crawl spaces shall:

1. Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters;

2. Be used solely for parking, storage, or building access;

3. Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria:

a. There shall be a minimum of two openings;

b. The total net area of non-engineered openings shall be not less than one (1) square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls;

c. The bottom of all openings shall be no higher than one (1) foot above grade;

d. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area; and

e. All additional higher standards for flood openings in the State of Oregon Residential Specialty Code shall be complied with when applicable.

(b) Garages.

1. Attached garages may be constructed with the garage floor slab below the Base Flood Elevation (BFE) in riverine flood zones, if the following requirements are met:

a. If located within a floodway the proposed garage shall comply with the requirements of EC 9.6707(2)(d);

b. The floors shall be at or above grade on not less than one side;

c. The garage shall be used solely for parking, building access, and/or storage;

d. The garage shall be constructed with flood openings in compliance with EC 9.6707(2)(a) to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater;

e. The portions of the garage constructed below the BFE shall be constructed with materials resistant to flood damage;

f. The garage shall be constructed in compliance with the standards in EC 9.6707(1); and

g. The garage shall be constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

2. Detached garages must be constructed in compliance with the standards for appurtenant structures in EC 9.6707(2)(c)6 or non-residential structures in EC 9.6707(2)(c)3, depending on the square footage of the garage.

(c) Riverine Special Flood Hazard Areas with Base Flood Elevations. In addition to the general standards listed in EC 9.6707(1), the following specific standards shall apply in Riverine special flood hazard areas with Base Flood Elevations (BFE):

1. Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s Flood Insurance Rate Map (FIRM), unless it is demonstrated through hydrologic and hydraulic analyses, performed in accordance with standard engineering practice, that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

2. Residential Construction.

a. New construction, conversion to, and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one (1) foot above the Base Flood Elevation (BFE). When no base flood elevation data is available, the reasonably safe elevation requirement for development proposals with an elevation requirement, within a riverine unnumbered a zone, is at least two (2) feet above the highest adjacent grade.

b. Enclosed areas below the lowest floor shall comply with the flood opening requirements in EC 9.6707(2)(a).

3. Non-Residential Construction.

a. New construction, conversion to, and substantial improvement of any commercial, industrial, or other non-residential structure shall:

(1) Have the lowest floor, including basement elevated at or above the Base Flood Elevation (BFE) or, when no base flood elevation data is available, the reasonably safe elevation requirement for development proposals with an elevation requirement, within a riverine unnumbered A zone, is at least two (2) feet above the highest adjacent grade; or

(2) Together with attendant utility and sanitary facilities:

(A) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; and

(B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(C) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the City.

b. Non-residential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in EC 9.6707(2)(a).

c. Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one (1) foot below.)

4. Manufactured Dwellings.

a. Manufactured dwellings to be placed (new or replacement) or substantially improved that are supported on solid foundation walls shall be constructed with flood openings that comply with EC 9.6707(2)(a);

b. The bottom of the longitudinal chassis frame beam shall be at minimum one (1) foot above Base Flood Elevation;

c. Manufactured dwellings to be placed (new or replacement) or substantially improved shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors and;

d. Electrical crossover connections shall be a minimum of twelve (12) inches above Base Flood Elevation (BFE).

5. Recreational Vehicles. Recreational vehicles placed on sites are required to:

a. Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

b. Meet the requirements of EC 9.6707(2)(c)4, including the anchoring and elevation requirements for manufactured dwellings.

6. Appurtenant Structures. Relief from elevation or floodproofing requirements for residential and non-residential structures in riverine flood zones may be granted for as that meet the following requirements:

a. Appurtenant structures located partially or entirely within the floodway shall comply with requirements for development within a floodway found in EC 9.6707(2)(d);

b. Appurtenant structures shall only be used for parking, access, and/or storage and shall not be used for human habitation;

c. Appurtenant structures on properties within the special flood hazard area shall be limited to one-story structures less than 600 square feet in size;

d. The portions of the appurtenant structure located below the Base Flood Elevation shall be built using flood resistant materials;

e. The appurtenant structure shall be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood;

f. The appurtenant structure shall be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in EC 9.6707(2)(a);

g. Appurtenant structures shall be located and constructed to have low damage potential;

h. Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with EC 9.6707(1)(e); and

i. Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

(d) Floodways. Located within the special flood hazard areas established in EC 9.6705 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited within the adopted regulatory floodway unless:

a. Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge; or

b. A Conditional Letter of Map Revision (CLOMR) is applied for and approved by the Federal Insurance Administrator, and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations, section 65.12 are fulfilled.

2. If the requirements of EC 9.6707(2)(d)1 are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of EC 9.6707.

(e) Standards for Shallow Flooding Areas. Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with Base Flood Elevations. For AO zones, the base flood depths range from one (1) to three (3) feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. For both AO and AH zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.

1. Standards for AH Zones. Development within AH Zones must comply with the standards in EC 9.6707(1), 9.6707(2) and 9.6707(2)(e).

2. Standards for AO Zones. In AO zones, the following provisions apply in addition to the standards in sections EC 9.6707(1) and 9.6707(2)(e).

a. New construction, conversion to, and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, to or above the depth number specified on the Flood Insurance Rate Maps (FIRM) (at least two (2) feet if no depth number is specified). For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam;

b. New construction, conversion to, and substantial improvements of non-residential structures within AO zones shall either:

(1) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or above the depth number specified on the Flood Insurance Rate Maps (FIRMS) (at least two (2) feet if no depth number is specified); or

(2) Together with attendant utility and sanitary facilities, be completely floodproofed to or above the depth number specified on the FIRM or a minimum of two (2) feet above the highest adjacent grade if no depth number is specified, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as stated in EC 9.6707(2)(c)3.a.

c. Recreational vehicles placed on sites within AO Zones on the community’s Flood Insurance Rate Maps (FIRM) shall either:

(1) Be on the site for fewer than 180 consecutive days, and

(2) Be either:

(A) Fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

(B) Meet the elevation requirements of EC 9.6707(2)(e)2.a, and the anchoring and other requirements for manufactured dwellings of EC 9.6707(2)(c)4.

d. In AO zones, new and substantially improved appurtenant structures must comply with the standards in EC 9.6707(2)(c)6.

e. In AO zones, enclosed areas beneath elevated structures shall comply with the requirements in EC 9.6707(2)(a).

(Section 9.6707, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; repealed and replaced by Ordinance No. 20684, enacted March 8, 2023, effective April 14, 2023.)

9.6708 Development in Floodplains – Miscellaneous.

(1) Substantial Improvement Assessments and Determinations. The City Manager or their designee shall conduct Substantial Improvement (SI) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files.

(2) Substantial Damage Assessments and Determinations. The City Manager or their designee shall:

(a) Conduct Substantial Damage (SD) assessments when structures are damaged due to a natural hazard event or other causes;

(b) Make SD determinations whenever a structure within the special flood hazard area is damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(3) The applicant shall be responsible for preparing all technical data to support CLOMR/LOMR applications and paying any processing or application fees associated with the CLOMR/LOMR. The City is under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will meet, or has met, the requirements of this code and all applicable state and federal permits.

(4) Notice of Completion for CLOMR. An applicant shall notify FEMA within six (6) months of project completion when an applicant has obtained a Conditional Letter of Map Revision (CLOMR) from FEMA. This notification to FEMA shall be provided as a Letter of Map Revision (LOMR).

(5) Penalties for Noncompliance. No structure or land shall be constructed, located, extended, converted, or altered without full compliance with the terms of EC 9.6705-9.6709 and other applicable regulations. Violations of EC 9.6705-9.6709 by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) are subject to the code enforcement provisions at EC 9.0020-9.0280.

(Section 9.6708, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; repealed and replaced by Ordinance No. 20684, enacted March 8, 2023, effective April 14, 2023.)

9.6709 Development in Floodplains – Variance Procedure.

(1) Generally, variances may be issued for new construction and substantial improvements that are to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of EC 9.6709(3), (5) and (6). As the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases.

(2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(3) Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.

(4) Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant;

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

(5) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of EC 9.6709(2)-(4) are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(6) Variance Notification. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property.

(Section 9.6709, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; and Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; repealed and replaced by Ordinance No. 20684, enacted March 8, 2023, effective April 14, 2023.)

9.6710 Geological and Geotechnical Analysis.

(1) Purpose of Geological and Geotechnical Analyses. The purpose of geological and geotechnical analyses is to ensure that public and private facilities in developments in areas of known or potential unstable soil conditions are located, designed, and constructed in a manner that provides for public health, safety, and welfare.

(2) Geological and Geotechnical Analysis Required. Except for those activities exempted under EC 9.6710(3) Exemptions from Geological and Geotechnical Requirements, a geological and geotechnical analysis, prepared by an Oregon licensed Engineering Geologist or an Oregon licensed Civil Engineer with geotechnical experience, conforming with standards, procedures and content as defined in the Standards for Geological and Geotechnical Analysis adopted by the city in the manner set forth in EC 2.019 City Manager – Administrative and Rulemaking Authority and Procedures, is required for any of the following:

(a) All proposed tentative planned unit development, site review, or subdivision applications on properties with slopes equal to or greater than 5%.

(b) All proposed development that includes dedication or construction of a public street or alley or the construction of public drainage systems or public wastewater sewers.

(3) Exemptions from Geological and Geotechnical Analysis Requirements. The following activities are exempt from the requirements of this section:

(a) Maintenance, operation, reconstruction of existing streets, driveways, and utility lines, provided soil disturbance is limited to a standard utility trench width or the area beneath street and driveway structures.

(b) Emergency actions which must be undertaken immediately or for which there is insufficient time for full compliance when it is necessary to prevent or abate any of the following:

1. An imminent threat to public health or safety.

2. An imminent danger to public or private property.

3. An imminent threat of serious environmental degradation.

(c) Street and alley dedications that widen existing public right-of-way are exempt from requirements of 9.6710(2)(b).

(d) A residential building permit for a lot or parcel that was subject to previous reports and assessments.

(e) New construction, building alterations and building additions that will not result in soil disturbance.

(f) Activities on land included on the city’s acknowledged Goal 5 inventory.

(4) Categories of Geological and Geotechnical Analysis. The analysis required in geological and geotechnical analyses is based on the following categories, and shall be prepared in the manner required in the rules referenced in subsection (2) of this section:

(a) A Level One Analysis shall consist of a compilation of record geotechnical data, on-site verification of the data and site conditions, and a report discussing site and soil characteristics in relation to the proposed development and other applicable standards.

(b) A Level Two Analysis shall consist of a compilation of record geological data, analysis of site characteristics, sub-surface investigation and testing to establish soil types and distribution, and a report that includes site and soil characteristics in relation to the proposed development, identification of potential problems, and recommendations for design and construction techniques and standards consistent with other standards applicable to the development proposal.

(c) A Level Three Analysis shall consist of a Level Two Analysis and additional site-specific geotechnical design of facilities such as, but not limited to, streets, foundations, utilities, retaining walls and structures due to geologic constraints.

(5) Applicability of Different Categories of Geological and Geotechnical Analysis. Unless exempt under 9.6710(3), the category of geotechnical analysis required is based on the following:

(a) A Level One Analysis shall be required on:

1. All development sites with slopes less than 10% that include construction of public improvements;

2. Subdivision, site review, and planned unit development applications for development sites with slopes greater than or equal to 5% and less than 10%.

(b) A Level Two Analysis shall be required on:

1. All development sites with slopes greater than or equal to 10% that include construction of public improvements;

2. Subdivision, site review, and planned unit development applications for development sites with slopes greater than or equal to 10%.

(c) A Level Three Analysis shall be required on development sites where the Level One or Two Analysis reveals evidence of existing or potential stability problems or where site conditions such as springs or seeps, depth of soil to bedrock, variations in soil types, or a combination of these conditions, in the opinion of the professional, impact the design parameters of the structure.

(6) Clear and Objective Housing. Unless exempt under 9.6710(3), in lieu of compliance with subsections (2), (4), and (5) of this section, applications proposing housing to be reviewed with clear and objective approval criteria shall include a certification from an Oregon licensed Engineering Geologist, an Oregon licensed Geotechnical Engineer, or an Oregon licensed Civil Engineer with geological experience, prepared within ten years of the date of application, that includes the following information:

(a) Identification of any portion of the proposed development site that is located in an area of moderate or high landslide susceptibility as shown on the city’s adopted Eugene Landslide Hazard Map.

(b) A statement that the proposed development will not be impacted by existing or potential stability problems or any of the following site conditions: slopes 20 percent or greater, springs or seeps, depth of soil bedrock, soil types, variations in soil types, open drainage ways, fill, or a combination of these conditions.

(c) If proposed development will be located in an area identified as moderately or highly susceptible to landslides pursuant to (a), or will be impacted by existing or potential stability problems or any of the site conditions listed in (b), the certification must also include:

1. A review of the suitability of the proposed lot layout, street locations, and proposed locations for utilities, driveways, parking areas, and buildings given the landslide hazards, stability problems, and/or site conditions identified in the certification;

2. Any recommended modifications to the proposed lot layout, street locations, and proposed locations for utilities, driveways, parking areas, and buildings that in the engineer’s opinion, would mitigate the landslide hazards, stability problems, and/or site conditions identified in the certification;

3. Methods for safely addressing the landslide hazards and/or site conditions identified in (a) and (b); and

4. Recommendations, if any, for additional geotechnical analysis for future buildings or improvements on the development site.

5. Recommendations, if any, for additional geotechnical analysis for future buildings or improvements on proposed lots or parcels.

If certification is submitted under (6)(c), the application shall include the applicant’s statement that it will develop in accordance with the Engineer’s certification.

(Section 9.6710, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20297, enacted August 11, 2003, effective September 10, 2003; Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023.)

9.6715 Height Limitation Areas.

(1) Purpose of Height Limitation Areas. Certain geographical landmarks have scenic attributes that are of value to the community as a whole. To protect views to and from these landmarks, special limitations on building height are established on and around them.

(2) Applicability. Special building height limitations apply to the specific areas listed in this section. If the exceptions provided for in EC 9.6720 Height Exceptions for Roof Structures and Architectural Features conflict with the building height limitations in this section, this section shall apply. All elevations in the height limitation areas shall be based on the mean sea level.

(3) Skinner Butte Height Limitation Area. The boundaries of the Skinner Butte Height Limitation Area are as follows:

All property lying east of Washington Street, lying north of, and including, the north side of 6th Avenue, lying west of Coburg Road, and lying south of the Willamette River. (See Figure 9.6715(3) Skinner Butte Height Limitation Area.)

(a) Except as provided in subsections (b) and (c) of this section, within the Skinner Butte Height Limitation Area, the maximum height of any building or structure is 500 feet above mean sea level.

(b) Where the existing ground elevation within the Skinner Butte Height Limitation Area is 460 feet or more above mean sea level, the maximum height of any building or structure shall be 40 feet above the existing ground elevation at all points.

(c) In the area identified as the Opportunity Area on Figure 9.6715(3), the maximum height of any building or structure shall be 530 feet above mean sea level.

(d)  In no case shall the maximum height of any building or structure exceed the maximum allowed in the zone.

(Section 9.6715, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20599, enacted July 23, 2018, effective August 24, 2018; amended by Ordinance No. 20682, enacted February 13, 2023, effective March 18, 2023.)

9.6720 Height Exemptions for Roof Structures and Architectural Features.

Except as provided in EC 9.6715, certain roof structures, architectural features and other devices may be erected above the height limits established in this land use code. Some roof structures, architectural features, and other devices may be erected no more than 18 feet above the highest point of the roof of the main building, whether such structure is attached to it or freestanding. Roof structures, architectural features, and other devices that may exceed the highest point of the main building by 18 feet as established above include:

(1) Roof structures for the housing of elevators, stairways, tanks, ventilating fans, and similar equipment required to operate and maintain the building;

(2) Architectural features, including fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, steeples and similar structures; and

(3) Other devices, including television antennas and similar structures, but excluding amateur radio antennas, telecommunication facilities, and radio towers and transmitters. Amateur radio antennas, telecommunication facilities, and radio towers and transmitters may exceed the maximum building height within a zone, provided there is compliance with all other applicable requirements of this land use code.

(Section 9.6720, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6725 Outdoor Lighting Standards.

(1) Purpose of Outdoor Lighting Standards. The outdoor lighting standards are intended to produce efficient, effective, and attractive outdoor lighting that is appropriate to the need and prevents glare. The standards are designed to:

(a) Provide for nighttime safety, utility, security and productivity while conserving energy and other resources.

(b) Minimize glare, light trespass and light pollution.

(c) Curtail the degradation of the nighttime environment to enhance citizens’ enjoyment and protect the natural cycles of plants and animals that require darkness at night in order to thrive.

(2) Applicability of Outdoor Lighting Standards. Except as exempted by provisions of this land use code in EC 9.6725(5) below, the installation of outdoor lighting fixtures shall be subject to these lighting standards.

(3) Shielding. All lighting fixtures subject to a lighting permit shall be cutoff and additional shielding shall be required, as necessary, to direct the light within the boundaries of the development site. Fixtures for exterior illumination of signs, including signs attached to a building, shall be top-mounted as well as shielded to aim the light downward onto the sign only. (See also EC 9.6640 General Provisions, section (6) Illumination Standards.)

(4) Prohibited Types of Lights. Decorative lasers, continuously flashing lights and searchlights are prohibited. In Intrinsically Dark Areas and Low Ambient Light Areas, as defined in EC 9.6725(8), high pressure sodium lights, mercury vapor lights, and flood lights are prohibited, except when used to illuminate walkways and bikepaths in compliance with applicable standards. High pressure sodium lights are permitted in other situations only when the maximum initial lumens generated by each lighting fixture does not exceed 2,250 lumens.

(5) Exemptions to Lighting Standards. The following lighting fixtures are exempt from meeting these lighting standards:

(a) Lighting fixtures that were lawfully installed prior to August 1, 2001 are exempt from meeting these lighting standards until the lighting fixture is replaced due to necessity or choice.

(b) A lighting fixture that does not exceed 1,500 lumens when the light is directed within the boundaries of the development site.

(c) Emergency lighting.

(d) Lighting fixtures that must conform with federal or state regulations, such as airport runway lights, TV and radio transmission towers, telecommunication towers and railroad lights.

(e) Holiday lights and decorations in place during the period between November 15 and January 15, except such lights shall not cause excessive glare that creates a public safety hazard.

(f) Temporary lighting installed for temporary activities.

(g) Lighting for governmental flags.

(h) Temporary lighting necessary for construction sites.

(i) Public streetlights designed, permitted and constructed in accordance with standards and specifications adopted pursuant to Chapter 7 of this code.

(6) Lighting Permit Required.

(a) Except as provided in EC 9.6725(5) Exemptions to Lighting Standards, no person shall install outdoor lighting unless a lighting permit for the lights has been issued by the building and permit services manager. A lighting permit for the construction and continued use of a light shall be subject to the terms and conditions stated in the permit and to the lighting standards.

(b) Maintenance of a lighting fixture shall not require a lighting permit.

(c) Failure to abide by the terms of a lighting permit or applicable provisions of the lighting standards shall invalidate a lighting permit. The building and permit services manager may take steps as are necessary to abate such a light as a public nuisance.

(7) Lighting Permit Application and Approval Process.

(a) An application and related information shall be submitted by the applicant, in a manner prescribed by the city, together with a fee established by the city manager as provided by EC 2.020 City Manager – Authority to Set Fees and Charges.

(b) The building and permit services manager shall approve a lighting permit based on verification by a lighting specialist that the plan complies with applicable lighting standards in this land use code.

(c) An approved lighting permit shall expire 180 days after the applicant has been notified of the lighting permit approval unless the applicant has paid all fees and the approved permit has been issued to the applicant.

(d) Unless the permit holder requests an extension of the permit and demonstrates good cause for such an extension, a lighting permit shall expire if the lighting construction or other work authorized by the lighting permit is not completed within 180 days after the date of issuance.

(e) No lighting permit shall be considered fully complete until the permit holder has notified the city that work is finished and a lighting specialist has inspected the lighting and is satisfied that the lighting construction complies with the lighting standards.

(8) Creation of Outdoor Lighting Classifications. To ensure appropriate lighting while minimizing its undesirable side effects, the zones established elsewhere in this land use code are consolidated into lighting zones, as follows:

(a) Intrinsically Dark Areas (O-1) shall consist of land zoned NR Natural Resource or contained within a conservation area/natural resource protection area. These areas are discouraged from providing lighting except where it is desirable to illuminate walkways, bike paths or other areas to be used after dark. Where lighting is to be provided the following standards shall apply:

1. Except for pedestrian/bike tunnels, the walkway or pathway shall be illuminated to a minimum average maintained luminance of .3 foot-candle and not to exceed a maximum average maintained luminance of .9 foot-candle.

2. The pedestrian/bike tunnel shall be illuminated to a minimum average maintained luminance of 4.0.

3. Any other lighting fixtures not illuminating walkways, bike paths, or tunnels shall be designed to direct light downward, and light sources shall have an initial output of no more than 1,500 lumens.

(b) Low Ambient Light Areas (O-2) shall consist of land zoned R-1 Low Density Residential, R-1.5 Rowhouse, R-2 Medium-Density Residential, C-1 Neighborhood Commercial, PL Public Land, or PRO Park, Recreation and Open Space, unless determined to have a high level of nighttime activity as set forth in EC 9.6725(8)(d), and any other zone not specifically listed under EC 9.6725(8)(a), (c), or (d). These areas are discouraged from providing lighting except where it is desirable to illuminate walkways, bike paths, parking lots or other areas to be used after dark. Where lighting is to be provided for all areas except parking lots, the following standards shall apply:

1. Walkways or pathways shall be illuminated to a minimum average maintained luminance of .3 foot-candle and not to exceed a maximum average maintained luminance of .9 foot-candle.

2. Pedestrian/bike tunnels shall be illuminated to a minimum average maintained luminance of 4.0.

3. Any other lighting fixtures not illuminating walkways, bike paths, tunnels, or parking lots shall be designed to direct light downward, and light sources shall have an initial output of no more than 1,500 lumens.

Parking lot lighting shall comply with standards found at EC 9.6725(9).

(c) Medium Ambient Light Areas (O-3) shall be permitted on land zoned R-3 Limited High-Density Residential and R-4 High-Density Residential.

(d) High Ambient Light Areas (O-4) shall be permitted in areas planned or developed for a mix of uses and a high level of nighttime activity. This includes areas in the broad zone category of commercial, except for C-1, and areas in the broad zone category of employment and industrial. It also includes portions of colleges and universities, high schools, the fairgrounds, and other areas zoned PL determined by the planning director to have a high level of nighttime activity. Areas determined not to have a high level of nighttime activity that are zoned PL shall be considered Low Ambient Light Areas (O-2).

(9) Parking Lot Lighting. Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and comfort in parking areas, and not to cause glare or direct illumination onto adjacent properties or streets. Parking lot lighting shall comply with the following standards:

(a) All lighting fixtures serving parking lots shall be cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA) and as defined in this land use code.

(b) Alternative: Within an officially designated historic district, the design for an area may suggest the use of parking lot lighting fixtures of a particular “period” or architectural style, as either alternatives or supplements to the lighting described above.

1. If such fixtures are not “cut-off” fixtures as defined by IESNA, the maximum initial lumens generated by each fixture shall not exceed 2000.

2. Mounting heights of such alternative fixtures shall not exceed 20 feet.

(c) Parking area lighting standards in the various lighting areas are as shown in Table 9.6725(9) Parking Lot Lighting Standards.

Table 9.6725(9) Parking Lot Lighting Standards

High Ambient Areas O-4

Medium Ambient Areas O-3

Low Ambient Areas O-2

Mounting Height (Maximum). (Mounting height is the vertical distance between the surface being illuminated and the bottom of the lighting fixture.

30 ft

25 ft

25 ft

Minimum – Maximum Average Maintained Illumination Level.

.6 to 4.0 foot-candle

.6 to 2.0 foot-candle

.2 to .8 foot-candle

Uniformity Ratio. (Uniformity ratio is the ratio of average illumination to minimum illumination.)

4:1

4:1

4:1

(10) Lighting of Service Station/Convenience Store Aprons and Canopies. Lighting levels on service station/convenience store aprons and under canopies shall be adequate to facilitate the activities taking place in such location. Lighting of such areas shall not be used to attract attention to the business. Signs allowed under the appropriate section of these regulations shall be used for that purpose. These uses shall comply with the following standards:

(a) Areas on the apron away from the gasoline pump islands used for parking or vehicle storage shall be illuminated in accordance with the requirements for parking areas set forth elsewhere in this section. If no gasoline pumps are provided, the entire apron shall be treated as a parking area.

(b) Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is at least 10 foot-candle and no more than 20 foot-candles. The uniformity ration (ratio of average to minimum illuminance) shall be no greater than 4:1.

(c) Light fixtures mounted on canopies shall be installed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degrees from vertical.

(d) As an alternative (or supplement) to recessed ceiling lights, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. In this case light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy.

(e) Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides (fascias) of the canopy shall not be illuminated.

(11) Lighting of Exterior Display/Sales Areas. Lighting levels on exterior display/sales areas shall be adequate to facilitate the activities taking place in such locations. Lighting of such areas shall not be used to attract attention to the businesses. Signs allowed under the appropriate section of these regulations shall be used for that purpose. The applicant shall designate areas to be considered display/sales areas and areas to be used as parking or passive vehicle storage areas. These uses shall comply with the following standards:

(a) Areas designated as parking or passive vehicle storage areas shall be illuminated in accordance with the requirements for parking areas suggested elsewhere in this section.

(b) Areas designated as exterior display/sales areas shall be illuminated so that the average horizontal illuminance at grade level is no more than 5.0 foot-candles. The uniformity ration (ratio of average to minimum illuminance) shall be no greater than 4:1. The average and minimum shall be computed for only that area designated as exterior display/sales area.

(c) Light fixtures shall include cut-off fixtures, and shall be located, mounted, aimed, and shielded so that direct light is not cast onto adjacent streets or properties.

(12) Lighting of Outdoor Performance Facilities. Outdoor nighttime performance events (concerts, athletic contests, etc.) have unique lighting needs. Illumination levels vary, depending on the nature of the event. The regulations in this section are intended to allow adequate lighting for such events while minimizing skyglow, reducing glare and unwanted illumination of surrounding streets and properties, and reducing energy consumption. These uses shall comply with the following standards:

(a) Design Plan: A lighting design plan shall be submitted which shows in detail the proposed lighting installation. The design plan shall include a discussion of the lighting requirements of various areas and how those requirements will be met.

(b) Dual System: The main lighting of the event (spotlighting or floodlighting, etc.) shall be turned off no more than 60 minutes after the end of the event. A low level lighting system shall be installed to facilitate patrons leaving the facility, cleanup, nighttime maintenance, etc. The low level lighting system shall provide an average horizontal illumination level, at grade level, of no more than 3.0 foot-candles with a uniformity ration (average to minimum) not exceeding 4:1.

(c) Primary Playing Areas: Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be specified, mounted, and aimed so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed off the site.

(d) Parking Areas: Lighting for parking areas shall comply with EC 9.6725(9).

(e) Pedestrian/Bikepath Areas: Lighting for pedestrian and bike pathways shall comply with EC 9.6725(8)(b).

(13) Lighting of Building Facades and Landscaping. With the exception of structures having exceptional symbolic or historic significance in the community, exterior building facades shall not be illuminated for the primary purpose of highlighting the building. When buildings having symbolic or historic significance are to be illuminated primarily for highlighting the building, a design for the illumination shall be approved by the planning and development director and the following provisions shall be met:

(a) The maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 foot-candles.

(b) Lighting fixtures shall be carefully located, aimed, and shielded so that light is directed only onto the building facade. Lighting fixtures shall not be directed toward adjacent streets or roads.

(c) Lighting fixtures mounted on the building and designed to “wash” the facade with light are preferred.

(d) To the extent practicable, lighting fixtures shall be directed downward (i.e. below the horizontal) rather than upward.

(e) When landscaping is to be illuminated, the planning and development director shall first approve a landscape lighting plan that presents the purpose and objective of the lighting, shows the location of all lighting fixtures and what landscaping each is to illuminate, and demonstrates that the installation will not generate excessive light levels, cause glare, or direct light beyond the landscaping into the night sky.

(Section 9.6725, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20266, enacted November 12, 2002, effective December 12, 2002; and Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014.)

9.6730 Pedestrian Circulation On-Site.

(1) Purpose of Pedestrian Circulation On-Site. These standards are intended to provide safe and efficient circulation for pedestrians within all developments.

(2) Applicability of Standards. As more specifically provided in this section, the standards in this section apply to any development that creates a new building entrance, but not to a building alteration or change in use.

(a) In any zone, except I-2 and I-3, on-site pedestrian paths shall be constructed in the following cases for institutional, office, commercial and employment and industrial development:

1. Between all new building entrances and all streets adjacent to the development site. On-site pedestrian paths shall be designed and constructed to provide a direct connection to existing public right-of-way and public accessways.

2. To connect any new building entrances on a development site to all other new and existing building entrances on the same development site, except entrances used primarily for loading and unloading freight.

3. Along the exterior walls of new buildings greater than 100 feet in length when the wall of the building is located next to a street, parking lot or when a public entrance or entrances are located on the edge of the building, except in the following cases:

a. When the edge of a building is within 20 feet of a public sidewalk and the building entrance is connected to the public sidewalk by an on-site pedestrian facility, no on-site pedestrian facility on the edge of the building adjacent to the sidewalk is required.

b. When the edge of the building is bordered by a perimeter of landscaping which does not exceed 30 feet in width, and an on-site pedestrian facility is constructed at the edge of the landscaping, no on-site pedestrian facility immediately adjacent to the landscaped building edge is required.

4. To connect institutional, office, commercial and employment and industrial uses on the development site to adjacent existing or planned institutional, office, commercial or employment and industrial uses, and to existing or planned transit stops, schools, or neighborhood parks where the addition of on-site pedestrian paths would reduce walking or cycling distance between the uses by 200 feet and by at least 50 percent over other available pedestrian routes.

5. Along any development site, an on-site pedestrian facility connecting the street to the main building(s) shall be provided for every 300 feet of street frontage or for every 8 rows of vehicle parking, or for whichever standard requires the most on-site pedestrian paths.

(b) In employment and industrial developments on E-1 zoned property, on-site pedestrian paths shall be constructed in the following cases:

1. Between the main building entrance and all streets adjacent to the development site. On-site pedestrian paths shall be designed and constructed to provide a direct connection to existing public right-of-way and public accessways.

2. To connect the main building entrance on the development site to adjacent existing or planned office, commercial or employment and industrial uses, and to existing or planned transit stops where the addition of the on-site pedestrian facility would reduce walking or cycling distance between the uses by 200 feet and by at least 50 percent over other available pedestrian routes.

(c) In all zones, on-site pedestrian paths shall be constructed within new multiple-unit residential developments with 5 or more units to insure that access is provided:

1. From every unit to all other units within the residential development.

2. From every unit to all laundry, recreational and other community facilities in the residential development.

3. From every building located within 40 feet of a public or private street to the street right-of-way line.

(3) Design of On-Site Pedestrian Facilities. All on-site pedestrian paths provided for the purposes of complying with this land use code shall conform with the following standards:

(a) On-site pedestrian paths shall provide direct access from public ways to building entrances.

(b) On-site pedestrian paths shall be constructed of concrete, a comparable hard surface material, or any properly designed pervious surface that complies with the Americans with Disabilities Act.

(c) On-site pedestrian paths shall be raised to standard curb height when adjacent to public and private streets or driveways.

(d) On-site pedestrian paths intersected by driving aisles shall be marked with striping or constructed with a contrasting paving material to indicate a pedestrian crossing area.

(e) Pedestrian scale lighting in conformance with the standards in EC 9.6725 Outdoor Lighting Standards shall be provided along pedestrian facilities.

(4) Adjustment. These standards may be adjusted if consistent with the criteria of EC 9.8030(22).

(Section 9.6730, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6735 Public Access Required.

(1) Except as otherwise provided in this land use code, no building or structure shall be erected or altered except on a lot fronting or abutting on a public street or having access to a public street over a private street or easement of record approved in accordance with provisions contained in this land use code.

(2) Access from a public street to a development site shall be located in accordance with EC 7.420 Access Connections – Location. If a development will increase the development site’s peak hour trip generation by less than 50% and will generate less than 20 additional peak hour trips, the development site’s existing access connections are exempt from this standard.

(3) The standard at (2) may be adjusted if consistent with the criteria of EC 9.8030(28).

(Section 9.6735, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20457, enacted March 8, 2010, effective April 10, 2010.)

9.6740 Recycling and Garbage Screening.

Except for single-unit dwellings, accessory dwelling units and middle housing, outdoor storage areas and refuse collection areas within or adjacent to vehicular use areas shall be screened on all sides so that materials stored within these areas are obscured from streets, accessways, or adjacent properties.

(1) Outdoor storage areas and refuse collection areas are prohibited within required minimum or maximum front yard setbacks or required landscaping areas.

(2) Required screening shall include the installation and maintenance of fences at least 6 feet high with a maximum height of 8 feet.

(3) Fences may be made of wood, metal, masonry, or other permanent materials, and shall be 100 percent site-obscuring except as provided in (4) and (5) below.

(4) On the pedestrian entrance, the fence shall be at least 50 percent site-obscuring, such as cyclone fencing with slats.

(5) On all sides of the screening structure, up to 12 inches measured from grade may be visually unobscured provided that the unobscured area is covered with a material that contains the debris within the structure, such as cyclone fencing.

(Section 9.6740, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20492, enacted May 14, 2012, effective June 15, 2012; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6745 Setbacks – Intrusions Permitted.

(1) Applicability. The intrusions permitted in this section are only applicable to standard front and interior yard setback requirements and do not apply to special setbacks required according to EC 9.6750 Special Setback Standards. Intrusions permitted in special setbacks are addressed in EC 9.6750 Special Setback Standards. Except as restricted to provide solar access according to EC 9.2795 Solar Setback Standards, and except where restricted by easements or other restrictions on title, the intrusions in this section may project into required front and interior yard setbacks to the extent and under the conditions and limitations indicated.

(2) Depressed Areas. In any zone, fences, hedges, guard railings or other landscaping or devices for safety protection around depressed ramps, stairs or retaining walls, may be located in required front and interior yard setbacks, provided that such devices are not more than 42 inches in height.

(3) Projecting Building Features.

(a) One Story Structures. Except as provided in subsection (c) of this section, the following building features may project into the required front yard setback no more than 5 feet and into the required interior yard setback no more than 2 feet; provided, that such projections are at least 8 feet from any building on an adjacent lot:

1. Eaves, cornices, belt courses, sills, awnings, buttresses or other similar features.

2. Chimneys, fireplaces, bays, and bay windows, provided they do not exceed 8 feet in width. The maximum frequency of bays or bay windows is one per 15 feet of building façade.

3. Porches, platforms or landings with roofs which do not extend above the level of the first floor of the building.

(b) Multiple Story Structures (2 or more floors). Except as provided in subsection (c) of this section, for multiple-story buildings, portions of buildings that may project into required front yard setbacks no more than 5 feet and into the required interior yard setback no more than 2 feet, provided such projections are at least 8 feet from any building on an adjacent lot, include:

1. Eaves, cornices, belt courses, sills, awnings, buttresses or other similar features.

2. Chimneys and fireplaces, provided they do not exceed 8 feet in width.

3. Porches no greater than 10 feet deep and no higher than 15 feet measured from grade may project into required front yard setbacks.

4. Bays and bay windows no greater than 3 feet deep and 10 feet in width and no higher than 25 feet measured from the exterior base of the bay or bay window to the peak of the bay or bay window may project into required front yard setbacks. The maximum frequency of such bays or bay windows is one per 15 feet of street facing building facade.

5. Bays and bay windows no greater than 8 feet in width and no higher than 25 feet measured from the exterior base of the bay or bay window to the peak of the bay or bay window may project into required interior yard setbacks along a public alley. The maximum frequency of such bays or bay windows is one per 15 feet of alley facing building façade.

6. Balconies no greater than 10 feet deep are permitted to project into required front yard setbacks.

(c) For all multi-unit developments and for all residential developments in R-3 and R-4 zones, portions of buildings that may project into required front yard setbacks no more than 5 feet and into the required interior yard setback no more than 2 feet, provided such projections are at least 8 feet from any building on an adjacent lot, include:

1. Eaves, cornices, belt courses, sills, awnings, buttresses or other similar features.

2. Chimneys and fireplaces, provided they do not exceed 8 feet in width.

3. Porches no less than 7 feet deep, as measured from the leading edge of the structure, and no higher than 15 feet measured from grade may project into required front yard setbacks.

4. Bays and bay windows no greater than 3 feet deep and 10 feet in width and no higher than 25 feet measured from the exterior base of the bay or bay window to the peak of the bay or bay window may project into required front yard setbacks. The maximum frequency of such bays or bay windows is one per 15 feet of street facing building facade. Bays shall not include doors.

5. Bays and bay windows no greater than 8 feet in width and no higher than 25 feet measured from the exterior base of the bay or bay window to the peak of the bay or bay window may project into required interior yard setbacks along a public alley. The maximum frequency of such bays or bay windows is one per 15 feet of alley facing building façade. Bays shall not include doors.

6. Balconies no greater than 10 feet deep are permitted to project into required front yard setbacks.

7. The maximum length of all porches, bays, bay windows, and balconies intruding in the required front yard front setback is limited to no more than 50 percent of the length of the street facing building façade on each floor.

(d) Signs conforming to all other applicable provisions of this code. Freestanding signs 5 feet high or less are allowed in the front yard setback when located at least 5 feet from the front property line.

(4) Fences and Walls. Fences and walls that conform with the standards required by the specific zones beginning at EC 9.2000 may be constructed in required front yard setbacks and interior yard setbacks.

(5) Public Telephone Booths and Public Bus Shelters. Public telephone booths and public bus shelters may be located in required front yard setbacks and interior yard setbacks, provided vision clearance is maintained for vehicles passing on the street and leaving the development site, in accordance with the requirements of EC 9.6780 Vision Clearance Area.

(6) Driveways. Except as provided in EC 9.2751(15)(c)(3). Driveways and Parking Areas in R-3 and R-4, in any zone, driveways or accessways providing ingress and egress to or from parking spaces, parking areas, parking garages, or structured parking shall be permitted, together with any appropriate traffic control devices, in any required setback.

(7) Parking Spaces in Required Setbacks.

(a) Except as provided in EC 9.2751(15) Driveways and Parking Areas in R-3 and R-4, in areas with a broad zone category of residential, as depicted in Table 9.1030 Zones, parking in required front and interior yard setbacks is permitted with the following restrictions:

1. Parking spaces in required front yard setbacks are permitted in conjunction with a single-unit dwelling, accessory dwelling, or duplex, provided the parking spaces are located on driveways.

2. For lots and parcels with at least 50 feet of frontage, driveways shall cover a maximum of one-half of the area in the required front yard setback. All portions of required front yard setbacks not otherwise covered by legal driveways shall be landscaped and maintained.

3. Within the required front yard setback, recreational vehicles, boats, boat trailers, and other vehicles not in daily use, may only be parked on the paved driveway portion of the required front yard setback. No parking shall occur in the landscaped portion of the required front yard setback. These vehicles not in daily use, are allowed to park in the front setback for not more than 48 consecutive hours.

4. Recreational vehicles, boat trailers, and other vehicles not in daily use, are permitted to be located in the required interior yard setbacks.

(b) In areas with the broad zone category of commercial or employment and industrial, as depicted in Table 9.1030 Zones, except for the C-1, C-2, E-1, and E-2 zones, parking spaces and parking areas are permitted in any required interior yard setback.

(8) Utilities. Structures necessary for the operation and maintenance of public and private utilities may be located in required front setbacks and interior setbacks, provided these structures are screened as per EC 9.6210(6) Full Screen Fence Landscape Standard (L-6) and provided vision clearance is maintained in accordance with the requirements of EC 9.6780 Vision Clearance Area. Exceptions shall be made for such features as transformers, back flow prevention devices and closures, which already have a low visual impact.

(9) Poles. Poles for outdoor lights or government flags shall be permitted in any required setback.

(Section 9.6745, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20457, enacted March 8, 2010, effective April 10, 2010; Ordinance No. 20492, enacted May 14, 2012, effective June 15, 2012; Ordinance No. 20526, enacted March 12, 2014, effective April 12, 2014; Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020, remanded on November 24, 2020, and provisions administratively removed; Ordinance No. 20659, enacted September 15, 2021, effective September 17, 2021; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6750 Special Setback Standards.

(1) Purpose of Special Setbacks. Improved streets are necessary for safe and efficient circulation within the city. Due to historical development patterns, many streets within the city have public right-of-way widths that are less than the amount needed to design and construct the streets in accordance with specifications adopted pursuant to Chapter 7 of this code. Proper public right-of-way width is required to allow the improvement of streets to the standards required in EC 9.6505 Improvements – Specifications. It is intended that all streets within the city will eventually be improved to the city standard. A special setback ensures that buildings are constructed in such a manner that they will conform with the front and interior setbacks required by specific zones when the streets on which they front are widened and improved to the city standard.

(2) Special Setback for Streets.

(a) A lot or parcel of land in any zone adjoining an arterial or collector street that is not improved with curb, gutter, sidewalk, street lights and street trees shall have a special setback line equal to a distance of one-half the width designated on the adopted Street Right-of-Way Map. If the street is not designated on the adopted Street Right-of-Way Map, the special setback width shall be equal to the distance of one-half of the minimum width established by EC 9.6870 and Table 9.6870. The special setback width is separate from, and in addition to, any interior or front yard setback required by the zone.

(b) A lot or parcel of land in any zone adjoining a local street or accessway that is not improved with curb, gutter, sidewalk, street lights and street trees shall have a special setback width equal to a distance of one-half of the minimum width established by EC 9.6870 and Table 9.6870. The special setback width is separate from, and in addition to, any interior or front yard setback required by the zone.

(c) For purposes of subsection (a) and (b) of this section, the centerline of right-of-way shall be either the officially surveyed centerline or a centerline as on a precise plan. In the event of conflict between the two, the latter described line shall prevail. In all other cases, a line midway between properties abutting opposite sides of the public right-of-way shall be the centerline for the purposes of this land use code.

(d) Notwithstanding subsections (a)-(c), above, special setbacks for the segment of Franklin Boulevard shown on Map 9.3970(3)(d) (S-WS Walnut Special Area Zone Franklin Boulevard Special Setback Boundaries) are those lines established by Exhibit G to Ordinance No. 20460. (See EC 9.3970(3)(d).)

(3) Special Setback for Streets – Intrusions. Any intrusion into a special setback is allowed, except for:

(a) Buildings; and

(b) Surface stormwater management facilities.

(4) Special Setback for Utility Easements. A lot or parcel of land in any zone for which there is a planned utility easement, or where extension of public infrastructure has been identified through long-range infrastructure plans or the design of existing infrastructure, shall have a special building setback line to allow for the future easement.

(Section 9.6750, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20457, enacted March 8, 2010, effective April 10, 2010; and Ordinance No. 20460, enacted July 12, 2010, effective August 14, 2010.)

9.6770 Transit Improvements.

(1) The location of transit stops shall be based upon the size and trip generation of new development adjacent to an existing or planned transit corridor. The transit operator shall review site plans and may recommend transit-related facilities be constructed for the following developments:

(a) Residential developments having an average peak hour trip rate of 25 trips or greater.

(b) Commercial and employment and industrial developments other than office developments, having an average peak hour trip rate of 100 trips or greater. Office developments generating 50 or more average peak hour trips.

(c) Institutional uses and public facilities, including churches, hospitals, middle schools, high schools, universities and colleges, public parks (other than neighborhood parks), libraries, post offices, and other institutional and public facilities generating 100 or more average peak hour trips.

(2) To the extent it demonstrates consistency with constitutional requirements, the city shall require that the transit-related facilities recommended by the transit operator, and approved by the city manager, be identified on the site plan and constructed at the time of development. Transit-related facilities shall be constructed in accordance with the City of Eugene Arterial and Collector Street Plan.

(Section 9.6770, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014.)

9.6775 Underground Utilities.

(1) Exemptions from Underground Utility Standards. The following are exempt from the undergrounding requirement of this section:

(a) Temporary uses on a development site.

(b) New utility connections to structures or buildings with legally established above ground utility service.

(c) Accessory dwellings that can be served from an existing legally established above ground utility service to the primary dwelling on the development site.

(d) Dwellings on lots that can be served from an existing above ground utility-owned structure without required addition of above ground utility owned structures.

(2) Underground Utility Standards. All new on-site utilities shall be placed underground if there is a utility-owned structure immediately adjacent to the development site, unless adjusted pursuant to the provisions of EC 9.8030(5). This requirement is satisfied if the applicant verifies in writing that utilities will be placed underground concurrent with planned future development to occur within 12 months. Exceptions shall be made for such features as padmounted transformers, switch cabinets, back flow prevention devices and closures needed to safely operate and maintain utility systems.

(Section 9.6775, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; Ordinance No. 20541, enacted July 28, 2014, effective August 29, 2014; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020, remanded on November 24, 2020, and provisions administratively removed; Ordinance No. 20659, enacted September 15, 2021, effective September 17, 2021; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6780 Vision Clearance Area.

Development sites shall have triangular vision clearance areas on all street corners to provide for unobstructed vision consistent with American Association of State Highway and Transportation Officials (AASHTO) standards. (See Figure 9.0500 Vision Clearance Area). Vision clearance areas shall be kept free of all visual obstructions from 2 ½ feet to 9 feet above the curb line. Where curbs are absent, the crown of adjacent streets shall be used as the reference point. These vision clearance requirements may be adjusted if consistent with the criteria of EC 9.8030(11) of this land use code.

(Section 9.6780, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6790 Stormwater – Management Manual.

In order to implement Section 9.6791 through 9.6797 of this code, the City Manager shall adopt in accordance with EC 2.019, City Manager – Administrative and Rulemaking Authority and Procedures, a Stormwater Management Manual. The Stormwater Management Manual may contain forms, maps and facility agreements and shall include requirements that are consistent with the following goals:

(1) Reduce runoff pollution from development by reducing impervious surfaces and capturing and treating approximately 80% of the average annual rainfall.

(2) Control and minimize flows from development in the Headwater Areas using a variety of techniques to release water to downstream conveyance systems at a slower rate and lower volume, thereby reducing the potential for further aggravation of instream erosion problems.

(3) Emphasize stormwater management facilities that incorporate vegetation as a key element, and include design and construction requirements that ensure landscape plant survival and overall stormwater facility functional success.

(4) Operate and maintain stormwater management facilities in accordance with facility-specific O & M Plans.

(5) Reduce pollutants of concern that are generated by identified site uses and site characteristics that are not addressed solely through the stormwater quality measures by implementing additional specific source control methods including reducing or eliminating pathways that may introduce pollutants into stormwater, capturing acute releases, directing wastewater discharges and areas with the potential for relatively consistent wastewater discharges to the wastewater system, containing spills on site, and avoiding preventable discharges to wastewater facilities, surface waters or ground waters.

(6) Except as otherwise allowed by this land use code, allow disturbances or development within drainage ways only when all of the following conditions exist:

(a) The disturbance or development will not impede or reduce flows within the drainage way;

(b) The disturbance or development will not increase erosion downstream; and

(c) The constructed pipe system is sized to convey all of the runoff from the upstream watershed when the upstream watershed is completely developed.

(Section 9.6790 added by Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; amended by Ordinance No. 20417, enacted August 11, 2008, effective July 7, 2009; amended by Ordinance No. 20521, enacted January 13, 2014, effective March 1, 2014.)

9.6791 Stormwater – Flood Control.

(1) Purpose. The purpose of EC 9.6791 is to protect life and property from flood and drainage hazards by maintaining the capacity of the city’s stormwater conveyance system through the establishment of flood control regulations for stormwater runoff. These standards are also intended to ensure that urban stormwater discharged into Junction City Water Control District’s flood control system meets the assigned downstream capacity of the District’s system.

(2) Applicability and Exemptions.

(a) Except as provided in EC 9.6791(2)(b), flood control standards in EC 9.6791(3)apply to all development permit applications and land use applications.

(b) The standards in EC 9.6791(3) do not apply to development permit applications where the proposed development will be served by a flood control facility that is a manmade drainage system designed to accommodate stormwater run-off generated by the stormwater basin area.

(3) Standards.

(a) Stormwater flood control facilities shall be selected, sited, designed and constructed according to adopted plans and policies, and in accordance with standards in EC Chapters 6 and 7, and the Stormwater Management Manual.

(b) Stormwater runoff from the development site for the applicable flood control design storm shall be:

1. Discharged into existing stormwater flood control facilities that, considering all developments that have received tentative or final plan approval as of the date the applicant submits a complete application, have the capacity to handle the stormwater runoff; or

2. Retained or detained onsite; or

3. Discharged into a new stormwater flood control facility constructed by the applicant.

(c) For development proposed within the area shown on Map 9.6791(3)(c) Special Stormwater Flood Control Area Map, the post-development peak flow rate shall not exceed the pre-development peak flow rate for the applicable flood control design storm unless the applicant submits documentation from Junction City Water Control District that the proposed flow rate is acceptable.

(Section 9.6791 added by Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; amended by Ordinance No. 20417, enacted August 11, 2008, effective July 7, 2009; Ordinance No. 20521, enacted January 13, 2014, effective March 1, 2014; Ordinance No. 20584, enacted July 17, 2017, effective August 24, 2017; Ordinance No. 20724, enacted March 10, 2025, effective July 1, 2025.)

9.6792 Stormwater Quality.

(1) Purpose. The purpose of EC 9.6792 is to reduce runoff pollution and mitigate the volume, duration, time of concentration and rate of stormwater runoff from impervious surface areas.

(2) Applicability and Exemptions.

(a) Except as exempt in EC 9.6792(2)(b) or (c), the standards in EC 9.6792(3) apply to land use applications and development permit applications that propose new or replaced impervious surfaces.

(b) The standards in EC 9.6792(3) do not apply to land use applications or development permit applications proposing:

1. Construction of less than 1,000 square feet of new or replaced impervious surface within a 12-month period;

2. Replacement of impervious surface area that does not expose more than 1,000 square feet of soil (for purposes of this subsection, “soil” means: the unconsolidated mineral or organic material on the immediate surface of the Earth that serves as a natural medium for the growth of land plants);

3. Maintenance and/or repair activities on an existing structure, facility or other impervious surface to prevent its decline, lapse or cessation in the use;

4. Construction of a single-unit dwelling or duplex on a lot or parcel that was created by a land division application submitted and approved by the City between July 14, 2006, and March 1, 2014, that is consistent with the approved land use application and the City’s stormwater quality (pollution reduction) standards in place at the time of the land division application; or

5. Construction of new or replaced impervious surface that will be served by an existing City approved stormwater quality facility that was designed and sized to treat the stormwater runoff from the proposed impervious surface.

(c) The standards in EC 9.6792(3) do not apply to land use applications or development permit applications within the S-DR Downtown Riverfront Special Area Zone. Instead, the standards at EC 9.3155(17) apply.

(3) Standards.

(a) Stormwater quality facilities for water quality treatment shall be selected from and sited, designed, and constructed according to the Stormwater Management Manual. The selected stormwater quality facilities shall treat all stormwater runoff from all new or replaced impervious surface areas, or an equivalent on-site area, that will result from the water quality design storm.

(b) Stormwater quality facilities shall be selected based on the following priority order.

1. Infiltration shall be utilized for treatment of the water quality design storm runoff unless one of the following site conditions exists:

a. Infiltration rates are less than 2 inches per hour;

b. Bedrock is less than 5 feet below the ground surface;

c. Groundwater elevations are less than 6 feet below the ground surface; or

d. Ground surface slopes are greater than 10%.

2. If any of the site conditions listed in subsection (3)(b)1 exist, extended filtration (filtration through natural or engineered media) shall be utilized to treat the water quality design storm runoff from the impervious surface areas unless:

a. The applicant submits a report that includes a site plan of the proposed development and the required sizing of the stormwater quality facility based upon the water quality design storm requirement showing that the development site has insufficient land area to construct an infiltration or extended filtration facility to treat the water quality design storm runoff without reducing the size of the proposed development; and

b. The proposed development is otherwise consistent with all other applicable lot and development standards.

(c) An applicant that is not required to use an infiltration or filtration system for any of the reasons stated in (b) or (d) of this section will be subject to the Low Impact Development component of the City’s system development charge improvement fee due to the reliance on an off-site system. In that case, the City’s system development charge methodologies may include a stormwater system development charge credit for an approved on-site mechanical treatment facility.

(d) The standards in EC 9.6792(3)(a) and EC 9.6792(3)(b)2 may be adjusted pursuant to EC 9.8030(24).

(Section 9.6792 added by Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; amended by Ordinance No. 20521, enacted January 13, 2014, effective March 1, 2014; Ordinance No. 20619, enacted July 22, 2019, effective August 25, 2019; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025; Ordinance No. 20724, enacted March 10, 2025, effective July 1, 2025.)

9.6793 Stormwater – Flow Control (Headwaters).

(1) Purpose. The purpose of EC 9.6793 is to protect waterways in the headwaters area from the erosive effects of increases in stormwater runoff peak flow rates and volumes resulting from development.

(2) Applicability and Exemptions.

(a) Except as exempt under EC 9.6793(2)(b), the standards in EC 9.6793(3) apply to land use applications and development permit applications that propose new or replaced impervious surfaces on sites in the headwaters area that drain directly into a headwater stream or drain into a pipe that discharges into a headwater stream.

(b) The standards in EC 9.6793(3) do not apply to:

1. Construction of less than 1,000 square feet of new or replaced impervious surface within a 12-month period;

2. Replacement of impervious surface area that does not expose more than 1,000 square feet of soil (for purposes of this subsection, “soil” means: the unconsolidated mineral or organic material on the immediate surface of the Earth that serves as a natural medium for the growth of land plants);

3. Maintenance and/or repair activities taken on an existing structure, facility or other impervious surface to prevent its decline, lapse or cessation in use; or

4. Construction of a new or replaced impervious surface that will be served by an existing City approved stormwater flow control facility that was designed and sized to manage stormwater runoff from the proposed impervious surface.

5. Development sites within a drainage basin for which the city has constructed or approved a project to restore the receiving waterway, and the entire downstream system has been designed to accommodate full build-out conditions within the drainage basin.

(3) Standards.

(a) Applications shall demonstrate, using methodology in the Stormwater Management Manual, that peak rates of flow delivered to an existing open waterway at a point above 500 feet in elevation will not increase during storms larger than the water quality design storm and smaller than the flood control design storm as a result of the development that is the subject of the application;

(b) For purposes of designing the system as required by the standards in this section, the amount of impervious surface per lot is assumed to be the maximum lot coverage allowed for the use in the zone in which it is located, unless the applicant demonstrates otherwise.

(c) All facilities to control the rate of stormwater runoff shall be sited, designed and constructed according to the flow control provisions and the facility design requirements set forth in the Stormwater Management Manual. Flow control facilities must be designed using one of the methodologies outlined in the Stormwater Management Manual.

(d) The standards in EC 9.6793(3) may be adjusted pursuant to EC 9.8030(24).

(Section 9.6793 added by Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; amended by Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025; Ordinance No. 20724, enacted March 10, 2025, effective July 1, 2025.)

9.6794 Stormwater – Oil Control.

(1) Purpose. The purpose of EC 9.6794 is to protect the city’s stormwater system from oil and grease from stormwater runoff of impervious surface areas on properties that produce high concentrations of these pollutants.

(2) Applicability. Oil control standards set forth in EC 9.6794(3) apply to:

(a) All new commercial and employment and industrial development with parking lots that store wrecked or impounded vehicles; or

(b) Any development that would result in an expected daily traffic count greater than one hundred vehicles per 1,000 square feet of gross building area, based on the most recent version of The Institute of Transportation Engineers’ Trip Generation Manual; or

(c) Any development that would result in 100 or more off-street parking spaces; or

(d) Any commercial or employment and industrial development that receives an adjustment approving the installation of more than the maximum off-street parking spaces allowed by EC 9.6410(2), Maximum Number of Off-Street Motor Vehicle Parking Spaces and that adjustment will result in, at least, a total of 10 parking spaces.

(3) Standards. Unless adjusted pursuant to EC 9.8030(24), all oil control facilities shall be sited, designed and constructed according to the oil control provisions and the facility design requirements set forth in the Stormwater Management Manual.

(Section 9.6794 added by Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023.)

9.6795 Stormwater – Source Controls.

(1) Purpose. The purpose of EC 9.6795 is to prevent stormwater pollution by eliminating pathways that may introduce pollutants into stormwater.

(2) Applicability and Exemptions. Except as exempted below and except when the source control would duplicate source controls required by a state or federal permit obtained by the applicant, source control standards set forth in EC 9.6795(3), apply to all land use applications, development permits and tenant improvements that result in any of the defined site uses or characteristics listed in 9.6795(2)(a) – (h).

(a) Fuel dispensing facilities and surrounding traffic areas where vehicles, equipment, or tanks are refueled on the premises. A fuel dispensing facility is the area where fuel is transferred from bulk storage tanks to vehicles, equipment, and/or mobile containers. Exempt from this subsection are:

1. Propane tanks.

2. Fuel dispensing areas generally used to service oversized equipment, for example cranes, that cannot maneuver under a roof or canopy.

3. Existing fueling areas where scope of work is limited to a new canopy installation over an existing fuel pad that is not being upgraded, an underground tank replacement for compliance with state regulations, or the replacement of a fuel pump on an existing fuel pad that is not being upgraded.

(b) Exterior storage of liquid materials, for example chemicals, food products, waste oils, solvents, process wastewaters, or petroleum products in aboveground containers, in quantities of 50 gallons or more, including permanent and temporary storage areas. Exempt from this subsection are underground storage tanks or installations requiring a Water Pollution Control Facility (WPCF) permit and containers with internal protections (such as double-walled containers).

(c) All facilities that store solid waste. A solid waste storage area is a place where solid waste containers, including compactors, dumpsters, and garbage cans, are collectively stored. Solid waste storage areas include, areas used to collect and store refuse or recyclable materials collection areas. Exempt from this subsection are solid waste storage areas for single-unit dwellings and duplexes and areas used for the temporary storage of wood pallets or cardboard.

(d) Developments that stockpile or store high-risk or low-risk bulk materials in outdoor containers, as the terms “high risk” and “low risk” are in the Stormwater Management Manual. Exempt from this subsection are:

1. Materials which have no measurable solubility or mobility in water and no hazardous, toxic or flammable properties.

2. Materials which exist in a gaseous form at ambient temperature.

3. Materials, except for pesticides and fertilizers, that are contained in a manner that prevents contact with stormwater.

(e) Developments proposing the installation of new material transfer areas as defined in the Stormwater Management Manual, or structural alterations to existing material transfer areas, such as access ramp re-grading and leveler installations. Exempt from this subsection are areas used only for mid-sized to small-sized passenger vehicles and restricted by lease agreements or other regulatory requirements to storing, transporting or using materials that are classified as domestic use, for example, primary educational facilities (elementary, middle or high schools), buildings used for temporary storage and churches.

(f) All development with a designated equipment or vehicle washing or steam cleaning area, including smaller activity areas such as wheel-washing stations. Exempt from this subsection are:

1. Washing activity areas generally used to service oversized equipment than cannot maneuver under a roof or canopy, for example cranes and sail boats.

2. Evaporation unit installed as part of a wash recycling system are exempt from the wastewater connection requirement.

3. Single-unit dwelling and duplex sites.

Development that is intended for the storage of 10 or more fleet vehicles shall include a designated vehicle washing area.

(g) All development projects that disturb property suspected or known to contain contaminants in the soil or groundwater.

(h) All development with new covered vehicle parking areas, or existing parking structures that are being developed. Exempt from this subsection are single-level canopies, overhangs and carports.

(3) Standards. Unless adjusted pursuant to EC 9.8030(24), all source controls shall be designed and constructed according to the source control provisions set forth in the Stormwater Management Manual.

(4) Enforcement. Failure to construct, operate and maintain source controls when a land use application, development permit or tenant improvement has resulted in a defined site use or characteristic listed in EC 9.6795(2)(a)-(h) is subject to enforcement in accordance with EC Chapter 6.

(Section 9.6795 added by Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; amended by Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6796 Stormwater – Dedication of Easements.

(1) Purpose. The purpose of EC 9.6796 is to ensure that city maintained stormwater management facilities designed and constructed in accordance with EC 9.6791-9.6795 and the Stormwater Management Manual can be accessed by the city for routine and/or emergency maintenance to protect life and property from flood and drainage hazards, ensure that water quality is protected, and to ensure that waterways in the headwaters area are protected from the erosive effects of runoff.

(2) Applicability. Stormwater easement standards set forth in EC 9.6796(3) apply to all land use applications and development permits that result in the construction of a city maintained stormwater management facility.

(3) Standards. The applicant must dedicate public easements approved by the city over city maintained stormwater management facilities provided the city makes findings to demonstrate consistency with constitutional requirements. The conveyance of ownership or dedication of easements may be required in any of the following circumstances:

(a) Except for areas on the city’s acknowledged Goal 5 inventory, where the subject property in the proposed development is or will be periodically subject to accumulations of surface water or is traversed by any open drainage way, headwater, stream, creek, wetland, spring, or pond, including those not maintained by the city which drain onto or from city-owned property or into city maintained facilities.

(b) For areas on the city’s acknowledged Goal 5 inventory, where the subject property in the proposed development is or will be periodically subject to accumulations of surface water or is traversed by any water course or channel.

(c) Where necessary to extend public drainage facilities and services to adjoining undeveloped property.

(d) To provide necessary drainage from the public right-of-way.

(e) Where the facility will provide treatment for runoff from the public right-of-way and the City will be maintaining the facility.

(Section 9.6796 added by Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; administratively corrected January 1, 2008; amended by Ordinance No. 20521, enacted January 13, 2014, effective March 1, 2014.)

9.6797 Stormwater – Operation and Maintenance.

(1) All stormwater facilities shall be operated and maintained in accordance with EC Chapters 6 and 7, and the Stormwater Management Manual.

(2) Unless the applicant proposes private maintenance of the facility, a stormwater facility that will provide treatment for runoff from the public right-of-way shall be:

(a) Designed and constructed through the Privately Engineered Public Improvement (PEPI) process; and

(b) Located in public rights of way or public easements dedicated in accordance with EC 9.6796; and

(c) Selected from the list of stormwater facilities identified in the Stormwater Management Manual as a type of facility that the City will operate and maintain.

(Section 9.6797 added by Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; amended by Ordinance No. 20521, enacted January 13, 2014, effective March 1, 2014.)

9.6800 Purpose of Standards for Streets, Alleys, and Other Public Ways.

Sections 9.6800 through 9.6875 establish standards for the dedication, design and location of public ways to address the purpose of this land use code contained in EC 9.0020 Purpose.

(Section 9.6800, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6805 Dedication of Public Ways.

As a condition of any development, the city may require dedication of public ways for bicycle and/or pedestrian use as well as for streets and alleys, provided the city makes findings to demonstrate consistency with constitutional requirements. Public ways for pedestrian and bicycle accessways, streets and alleys to be dedicated to the public by the applicant shall conform with the adopted Street Right of way Map, and EC Table 9.6870.

(Section 9.6805, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006.)

9.6810 Block Length.

(1) Except as provided in subsections (2) and (3) of this section, block length for local streets shall not exceed 600 feet.

(2) Applications not proposing housing to be reviewed with clear and objective approval criteria will be exempt from the block length requirements in subsection (1) if one or more of the following conditions apply:

(a) Physical conditions preclude a block length 600 feet or less. Such conditions may include, but are not limited to, topography or the existence of natural resource areas such as wetlands, ponds, streams, channels, rivers, lakes or upland wildlife habitat area, or a resource on the National Wetland Inventory or under protection by state or federal law.

(b) Buildings or other existing development on adjacent lands, including previously subdivided but vacant lots or parcels, physically preclude a block length 600 feet or less, considering the potential for redevelopment.

(c) An existing public street or streets terminating at the boundary of the development site have a block length exceeding 600 feet, or are situated such that the extension of the street(s) into the development site would create a block length exceeding 600 feet. In such cases, the block length shall be as close to 600 feet as practicable.

(d) As part of a Type II or Type III process, the developer demonstrates that a strict application of the 600-foot requirement would result in a street network that is no more beneficial to vehicular, pedestrian or bicycle traffic than the proposed street network and that the proposed street network will accommodate necessary emergency access.

(3) Applications proposing housing to be reviewed with clear and objective approval criteria, must comply with the block length requirements in subsection (1) unless one of the following exemptions applies:

(a) Existing slopes would result in a street grade that exceeds the grade allowed under current adopted street design standards when measured along the centerline of the proposed streets to the existing grade of the subdivision boundary or abutting property under separate ownership.

(b) An existing public street or streets terminating at the boundary of the development site have a block length exceeding 600 feet, or are situated such that the extension of the street(s) into the development site would create a block length exceeding 600 feet. In such cases, the block length shall not exceed 700 feet.

(4) Block length may be adjusted in accordance with EC 9.8030(29) for applications proposing housing to be reviewed with clear and objective approval criteria.

Special block requirements related to multiple-unit developments are found in section (10) of EC 9.5500 Multiple-Unit Standards.

(Section 9.6810, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)

9.6815 Connectivity for Streets.

(1) Purpose and Intent. The street connectivity standards of EC 9.6815(2) Street Connectivity Standards are established to ensure that all of the following are met:

(a) Streets are designed to efficiently and safely accommodate emergency fire and medical service vehicles.

(b) The layout of a street system does not create excessive travel lengths.

(c) The function of a local street is readily apparent to the user through its appearance and design in order to reduce non-local traffic on local residential streets.

(d) Streets are interconnected to reduce travel distance, promote the use of alternative modes, provide for efficient provision of utility and emergency services, and provide for more even dispersal of traffic.

(e) New streets are designed to meet the needs of pedestrians and cyclists and encourage walking and bicycling as transportation modes.

(f) The street circulation pattern provides connections to and from activity centers such as schools, commercial areas, parks, employment centers, and other major attractors.

(g) Street design is responsive to topography and other natural features and avoids or minimizes impacts to water-related resources and wildlife corridors.

(h) Local circulation systems and land development patterns do not detract from the efficiency of adjacent collector streets or arterial streets which are designed to accommodate heavy traffic.

(i) Streets identified as future transit routes should be designed to safely and efficiently accommodate transit vehicles, thus encouraging the use of public transit as a transportation mode.

(j) Where appropriate, the street system and its infrastructure should be utilized as an opportunity to convey and treat storm water runoff.

(2) Street Connectivity Standards.

(a) All streets and alleys shall be public unless the developer demonstrates that a public street or alley is not necessary for compliance with this land use code or the street connectivity standards of subparagraphs (b) through (f) of this subsection.

(b) The proposed development shall include street connections in the direction of all existing or planned streets within 1/4 mile of the development site. The proposed development shall also include street connections to any streets that abut, are adjacent to, or terminate at the development site.

(c) The proposed development shall include streets that extend to undeveloped or partially developed land that is adjacent to the development site or that is separated from the development site by a drainage channel, transmission easement, survey gap, or similar property condition. The streets shall be in locations that will enable adjoining properties to connect to the proposed development’s street system.

(d) Secondary access for fire and emergency medical vehicles consistent with EC 9.6870 is required.

(e) Except for applications proposing housing to be reviewed with clear and objective approval criteria, all applicants shall show that the proposed street alignment shall minimize excavation and embankment and avoid impacts to natural resources, including water-related features.

(f) In cases where a required street connection would result in the extension of an existing street that is not improved to city standards and the street has an inadequate driving surface, the developer shall construct a temporary barrier at the entrance to the unimproved street section with provision for bicycle, pedestrian, and emergency vehicle access. The barrier shall be removed by the city at the time the existing street is improved to city standards or to an acceptable standard adopted by the public works director. In making a determination of an inadequate driving surface, the public works director shall consider the street rating according to Eugene’s Paving Management System and the anticipated traffic volume.

(g) Except for applications proposing housing to be reviewed with clear and objective approval criteria, in the context of a Type II or Type III land use decision, the city shall grant an exception to the standards in subsection (2)(b), (c) or (d) if the applicant demonstrates that any proposed exceptions are consistent with either subsection 1. or 2. below:

1. The applicant has provided to the city, at his or her expense, a local street connection study that demonstrates:

a. That the proposed street system meets the intent of street connectivity provisions of this land use code as expressed in EC 9.6815(1); and

b. How undeveloped or partially developed properties within a quarter mile can be adequately served by alternative street layouts.

2. The applicant demonstrates that a connection cannot be made because of the existence of one or more of the following conditions:

a. Physical conditions preclude development of the connecting street. Such conditions may include, but are not limited to, topography or likely impact to natural resource areas such as wetlands, ponds, streams, channels, rivers, lakes or upland wildlife habitat area, or a resource on the National Wetland Inventory or under protection by state or federal law.

b. Buildings or other existing development on adjacent lands, including previously subdivided but vacant lots or parcels, physically preclude a connection now or in the future, considering the potential for redevelopment.

(h) For applications proposing housing to be reviewed with clear and objective approval criteria, exceptions to street connectivity standards may be granted if one of the following conditions exists:

1. Existing building(s) on the development site or on land abutting the development site and under separate ownership obstruct the extension of the planned street. For the purposes of this subparagraph, “building” is defined as a structure designed and used as a place of occupancy. For the purposes of this subparagraph, “building” does not include a shed, carport, detached garage, accessory building, or other structure designed and used solely for storage or shelter;

2. Existing slopes would result in a street grade exceeding current adopted street design standards when measured along the centerline of the proposed streets to the existing grade of the subdivision boundary or abutting property under separate ownership;

3. Provision of public street connection would require dedication of 25 percent or more of the total development site area;

4. Abutting residential land cannot be further divided under current development standards.

(i) Street connectivity standards may be adjusted in accordance with EC 9.8030(29) for applications proposing housing to be reviewed with clear and objective approval criteria.

(Section 9.6815, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20297, enacted August 11, 2003, effective September 10, 2003; and amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023.)

9.6820 Cul-de-Sacs or Emergency Vehicle Turnarounds.

(1) Except for streets that are less than 150 feet long and streets that will be extended in the future, all streets that terminate shall be designed as a cul-de-sac bulb or an emergency vehicle turnaround.

(2) If a street will be extended in the future, a temporary easement shall be provided and an emergency vehicle turnaround shall be constructed.

(3) There shall be no cul-de-sacs more than 400 feet long from the centerline of the intersecting street to the radius point of the cul-de-sac bulb.

(4) Public accessways to provide safe circulation for pedestrians, bicyclists and emergency vehicles shall be required from a cul-de-sac or emergency vehicle turnaround longer than 150’ in length when measured from the centerline of the intersecting street to the radius point of the cul-de-sac or to the center point of the emergency vehicle turnaround.

(5) As part of a Type II or Type III process, an exception may be granted to the requirements of (1), (3) and (4) of this section. For applications proposing housing to be reviewed with clear and objective approval criteria, exceptions may only be granted as provided in subparagraph (c). For all other applications, exceptions may be granted because of the existence of one or more of the following conditions:

(a) Physical conditions preclude development of the connecting street. Such conditions may include, but are not limited to, topography or likely impact to natural resource areas such as wetlands, ponds, streams, channels, rivers, lakes or upland wildlife habitat areas, or a resource on the National Wetland Inventory or under protection by state or federal law.

(b) Buildings or other existing development on the subject property or adjacent lands, including previously subdivided but vacant lots or parcels, physically preclude a connection now or in the future, considering the potential for redevelopment.

(c) For applications proposing housing to be reviewed with clear and objective approval criteria, an exception to the requirements of subsections (1), (3) and (4) may be granted if the applicant provides certification from an Oregon licensed civil engineer stating that a cul-de-sac or emergency vehicle turnaround cannot be constructed to meet current standards according to the adopted Design Standards and Guidelines for Eugene Streets, Sidewalk, Bikeways and Accessways.

(6) Cul-de-sacs or emergency vehicle turnarounds standards may be adjusted in accordance with EC 9.8030(29) for applications proposing housing to be reviewed with clear and objective approval criteria.

(Section 9.6820, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20297, enacted August 11, 2003, effective September 10, 2003; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; and amended by Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023.)

9.6830 Intersections of Streets and Alleys.

(1) Angles.

(a) Streets and alleys shall intersect one another at an angle as near to a right angle as is practicable considering topography of the area and previous adjacent layout.

(b) If an intersection must occur at an angle of less than 90 degrees, it shall comply with the standards in the American Association of State Highway and Transportation Officials (AASHTO) publication entitled “A Policy on Geometric design of Highways and Streets,” then in effect, or its replacement publication.

(2) Offsets. The minimum intersection offset shall be 100 feet on a local street, 200 feet on a collector street, and 400 feet on an arterial street unless adjusted through the process for adjustments to standards of EC 9.8030(12). Offsets shall be measured from the center lines of the two intersecting streets.

(Section 9.6830, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006.)

9.6835 Public Accessways.

(1) The city shall require within the development site the dedication to the public and improvement of accessways for pedestrian and bicyclist use to connect the development site to adjacent cul-de-sacs or to an adjacent site that is undeveloped, publicly owned, or developed with an accessway that connects to the subject site, provided the city makes findings to demonstrate consistency with constitutional requirements. Public accessways shall conform to design standards for accessways contained in the “Design Standards for Eugene Streets, Sidewalks, Bikeways and Accessways”.

(2) Existing unimproved public accessways on properties adjacent to the development site shall be improved consistent with the “Design Standards for Eugene Streets, Sidewalks, Bikeways and Accessways” if such accessways are connected to the subject site, provided the city makes findings to demonstrate consistency with constitutional requirements. Said improvements to unimproved public accessways shall connect to the closest public street or developed accessway.

(3) Adjustments to Standards. The standard at EC 9.6835(1) may be adjusted if consistent with the criteria of EC 9.8030(20).

(Section 9.6835, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20297, enacted August 11, 2003, effective September 10, 2003.)

9.6840 Reserve Strips.

The city manager may require the developer to dedicate a reserve strip controlling the access to a street or alley when a reserve strip is necessary to address one or more of the following:

(1) To prevent access to abutting land at the end of a street in order to assure the proper extension of the street pattern and the orderly development of land lying beyond the street.

(2) To prevent access to the side of a street on the side where additional width is required to meet the right-of-way standards provided in Table 9.6870 Right-of-Way and Paving Widths.

(3) To prevent access to land abutting a street of the development, but not within the development itself.

(4) To prevent access to land unsuitable for development.

(5) To prevent access prior to payment of street improvement assessments or connection charges.

(6) To prevent access to an arterial or collector street when such access would be inconsistent with EC 7.420.

(Section 9.6840, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20457, enacted March 8, 2010, effective April 10, 2010.)

9.6845 Special Safety Requirements.

Except for applications proposing housing to be reviewed with clear and objective approval criteria, where necessary to insure safety, reduce traffic hazards and promote the welfare of the general public, pedestrians, bicyclists and residents of the subject area, the planning director or public works director may require that local streets and alleys be designed to discourage their use by non-local motor vehicle traffic and encourage their use by local motor vehicle traffic, pedestrians, bicyclists, and residents of the area.

(Section 9.6845, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023.)

9.6850 Street Classification Map.

The November 1999 Street Classification Map adopted by Ordinance No. 20181 and as amended by Ordinance thereafter, shall be the basis for determining the correct classification of a street as a major arterial, minor arterial, major collector, or neighborhood collector in order to meet transportation, access, and safety needs of an area and for determining the dedication, design and location of streets to be required, other than local streets as described in the Eugene Local Street Plan. In the event any conflict exists between any street classification contained in the November 1999 Street Classification Map and a classification contained in any other ordinance, resolution, order or plan, except local streets in the Eugene Local Street Plan, the descriptions in the November 1999 Street Classification Map shall control.

(Section 9.6850, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6855 Street Names.

Wherever practical, streets that are in alignment with existing named streets shall bear the names of such existing streets. Names for streets that are not in alignment with existing streets are subject to approval by the planning director and shall not unnecessarily duplicate or resemble the name of any existing or platted street in Lane County.

(Section 9.6855, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6860 Street Right-of-Way Map.

The November 1999 Street Right-of-Way Map is an official map adopted by the city council by Ordinance No. 20181 designating the widths of street right-of-way and street paving for specific street segments. Any street segment for which no widths are designated on this map shall have the maximum widths for its classification as set forth in Table 9.6870 Right-of-Way and Paving Widths. The Street Right-of-Way Map may be amended or modified as follows:

(1) Procedures to Amend Right-of-Way Map. Widths for proposed new streets or specific street segments as shown on the Street Right-of-Way Map may be determined, amended or modified using any one of the following procedures:

(a) By action of the city council.

(b) By order of the planning and public works directors based upon the criteria in EC 9.6860(2).

1. When the directors make a preliminary determination that a street width should be determined, amended or modified, they shall notify all property owners and occupants located within 100 feet of the affected street segment of their preliminary determination and invite comment and evidence from those affected be submitted to them by a date specified in the notice which is at least 10 days after the notice is mailed. After providing an opportunity for comment or evidence the directors shall issue an order designating the street segment’s widths.

2. Notice of the directors’ order designating the street widths shall be mailed to owners and occupants of property located within 100 feet of the affected street segment. Within 10 days of the date of the notice of the directors’ order is mailed, it may be appealed as provided in this subsection to the hearings official by any adversely affected person or a person entitled to notice under this subsection.

3. An appeal shall be on a city form and shall state specifically how the directors failed to properly evaluate the proposal or make a decision consistent with applicable criteria.

4. Unless the directors and the appellant agree to a longer period, the hearings official shall hold a public evidentiary hearing on an appeal within 45 days of submittal. At least 20 days before the hearing, the city shall mail notice thereof to the appellant and all persons who responded to the initial notice of the directors’ decision.

5. Within 15 days of the hearing, unless the appellant and the directors agree to a longer period, the hearings official shall make a decision applying the EC 9.6860(2), and within 5 days thereafter mail a notice of the decision to the appellant and persons who have requested notification. The hearings official’s decision is final.

6. The directors’ order allowing narrower widths may be included in a land use decision when consistent with the standards in Table 9.6870 and the adopted Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, and it shall be combined with and governed by the notice, decision, and appellate procedures for the land use decision.

(2) Criteria. When entering an order concerning the Street Right-of-Way Map under subsection (1)(b) above the following criteria shall be considered:

(a) The comprehensive plan, refinement plans, transportation plan, special area studies and relevant adopted city policies and transportation goals.

(b) The general determination of widths by type of street as set forth in Table 9.6870.

(c) Existing and projected use of the public way and of property abutting the public way.

(d) Physical conditions in or adjacent to the right-of-way that affect public safety.

(e) Relevant rules adopted by the state and its agencies.

(f) Traffic engineering principles.

(g) Other relevant factors identified by the directors or hearings official affecting the public health, safety and welfare.

(Section 9.6860, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20584, enacted July 17, 2017, effective August 24, 2017.)

9.6865 Transit Facilities.

(1) Except for applications proposing housing to be reviewed with clear and objective approval criteria, the city manager may require provisions, including easements, for transit facilities where future transit routes are required on streets extending through or adjacent to the area of the development, and where a need for bus stops, bus pullouts or other transit facilities within the development has been identified, provided the city makes findings to demonstrate consistency with constitutional requirements.

(2) Except for applications proposing housing to be reviewed with clear and objective approval criteria, where the provision of transit stops, bus pullouts or other facilities along a public street requires a right-of-way or paving width greater than that listed in Table 9.6870 Right-of-Way and Paving Widths and where a need for transit service within the development has been identified, the planning director or public works director, depending upon the type of application being processed, may require that additional right-of-way or paving be provided.

(Section 9.6865, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023.)

9.6870 Street Width.

Unless an alternative width is approved through use of other procedures in this code, the right-of-way width and paving width of streets and alleys dedicated shall conform to those designated on the adopted Street Right-of-Way map. When a street segment right-of-way width is not designated on the Street Right-of-Way map, the required street width shall be the minimum width shown for its type in Table 9.6870 Right-of-Way and Paving Widths. Based on adopted plans and policies, adopted “Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways, and Accessways,” or other factors which, in the judgment of the planning and public works director necessitate a greater street width, a right-of-way width greater than the minimum width shown for its type in Table 9.6870 can be required for applications submitted in accordance with EC 9.8090, 9.8055, 9.8215, 9.8320, 9.8440 or9.8515. The required alley width shall be the width shown for its type in Table 9.6870 Right-of-Way and Paving Width, unless, for applications submitted in accordance with EC 9.8090, 9.8055, 9.8215, 9.8320, 9.8440 or 9.8515, a lesser width is approved by the planning director and public works director based on adopted plans and policies, adopted “Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways, and Accessways” or other factors which, in the judgment of the planning and public works director allow for a lesser alley width.

Table 9.6870 Right-of-Way and Paving Widths

Type of Street or Alley

Right-of-Way (for Public Streets and Alleys only)

Paving Width

Major Arterials

100’ – 120’

68’ – 94’

Minor Arterials

65’ – 100’

46’ 70’

Major Collector

60’ – 75’

32’ – 44’

Neighborhood Collector

40’ 55’

20’ – 43’

Bicycle and Pedestrian Accessway:

With Fire Accessibility

20’

20’

Without Fire Accessibility

10’

10’

Local Streets

Alley (secondary access) only

14’

12’

Alley (primary access)

20’

12’ one-way travel

20’ two-way travel

Access Lane

40’ – 55’

21’ – 28’

Low Volume Residential

45’ – 55’

20’ – 28’

Medium Volume Residential

50’ – 60’

20’ – 34’

Commercial and Industrial

55’ – 70’

30’ – 44’

Cul-de-sac Bulb Radius:

Residential

48.5"

35’

Non-residential

62’

50’

*Measured from face to face of curbs

(Section 9.6870, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20457, enacted March 8, 2010, effective April 10, 2010.)

9.6873 Slope Easements.

Because of terrain, slope easements may be required to facilitate the construction of streets and alleys and protect the structural integrity of the constructed roadway. Slope easements shall be granted in addition to the required street or alley width listed in Table 9.6870 Right-of-Way and Paving Widths.

(Section 9.6873 added by Ordinance No. 20457, enacted March 8, 2010, effective April 10, 2010.)

9.6875 Private Street Design Standards.

Private streets, when permitted under EC 9.6815(2), shall be designed and constructed in accordance with applicable requirements for private streets contained in the adopted “Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways.”

(Section 9.6875, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6880 Purpose of Tree Preservation and Removal Standards.

Sections 9.6880 to 9.6885 establish standards for tree preservation and removal in a manner designed to:

(1) Implement comprehensive plan and refinement plan policies related to vegetation preservation;

(2) Maintain a minimum level of tree canopy cover throughout the city while addressing the city’s goals for a healthy economy, affordable housing, and reduced sprawl;

(3) Mitigate the impacts of development on the essential functions of the urban forest through requirements for preservation and replacement of tree canopy cover;

(4) Ensure a healthy future urban forest by encouraging protection of mixed age stands of trees and promoting a diversity of tree species; and

(5) Maintain a safe and attractive environment for residents and workers by requiring the integration of urban forestry principles into the design of new development.

(Section 9.6880, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20584, enacted July 17, 2017, effective August 24, 2017.)

9.6882 Applicability of Tree Preservation and Removal Standards.

Unless exempt under EC 9.6885(1), the standards in EC 9.6885(2) apply:

(1) Prior to city approval of an agreement or permit, including, but not limited to development permits and grading permits, for development activity that would result in the removal of a significant tree on the development site; or

(2) When another section of this land use code specifically requires compliance with the standards; or

(3) To all subsequent actions impacting trees on property subject to an approved conditional use permit, planned unit development, site review, or subdivision that includes a tree removal/preservation plan or conditions related to tree removal or preservation.

(Section 9.6882, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6883 Tree Verification.

Prior to a site change that impacts a significant tree, a tree verification request form shall be submitted to the city for verification regarding the status of the tree. Verification shall be based on:

(1) Where the change involves the removal of a tree, whether the removal meets the criteria for exemption under EC 9.6885(1) Tree Preservation and Removal Standards – Exemptions from Standards.

(2) Whether the subject tree is within an area subject to a prior approved tree preservation plan or conditions associated with an approved conditional use permit, planned unit development, site review or subdivision to which the parcel on which the tree is located is a part of. For any such parcel, the city approved plan or approved modifications shall control tree preservation and removal.

(Section 9.6883, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)

9.6885 Tree Preservation and Removal Standards.

(1) Exemptions from Standards. The standards in this section do not apply to activities regulated under EC 9.4900 through 9.4980, or an application for development activity that includes or will result in:

(a) Residential Lots Under 20,000 Square Feet. Removal of significant trees from a parcel of property not subject to the provisions of subsection (c) of this section with an area of less than 20,000 square feet when:

1. Such parcel is occupied by a single-unit dwelling, accessory dwelling, or middle housing;

2. An application to construct a single-unit dwelling, accessory dwelling, or middle housing on such lot is being reviewed by the city. However, no significant trees may be removed prior to the approval of the development permit; or

3. The city has entered into an agreement authorizing the start of construction for a single-unit dwelling, accessory dwelling, or middle housing.

(b) Lots 20,000 Square Feet or Larger. Removal of up to 5 significant trees within a period of 12 consecutive months from a parcel of property not subject to the provisions of subsection (c) of this section consisting of 20,000 or more square feet of area;

(c) Land Use Approvals. Any tree removal on property subject to an approved Conditional Use Permit, Planned Unit Development, Site Review, Subdivision, or Willamette River Greenway Permit that includes a tree removal/preservation plan or conditions related to tree removal or retention. In those areas, that plan or city approved modifications thereto control tree removal. This exemption does not apply to the removal of a street tree, which must be authorized by a permit issued pursuant to EC 6.305;

(d) Tree Removal Permit. Any tree removal specifically authorized by, and carried out in conformity with a city-approved tree removal permit under EC Chapter 6.

(e) Habitat Restoration. Removal of trees by the city or as authorized by the city for the purpose of implementation of a city-approved habitat restoration plan, and the express purpose of the plan is to restore native plant communities, enhance fish or wildlife habitat, or similar restoration purposes;

(f) Hazardous Trees.

1. The removal of hazardous trees on private property, provided that prior to removal the property owner submits to the city a written evaluation of each tree proposed for removal prepared by a certified arborist declaring the tree(s) to be hazardous and recommending immediate removal. The written evaluation shall be on a form prescribed by the city manager pursuant to section 2.019 City Manager – Administrative and Rulemaking Authority and Procedures;

2. The removal of hazardous trees by the city or under contract with the city, on public property or street right-of-way, provided the city’s urban forester issues a written evaluation of each tree proposed for removal declaring the tree(s) to be hazardous and recommending immediate removal;

(g) Fire Hazard Abatement. Removal of trees that the city fire marshal has declared in writing poses a potential fire hazard to existing structures; or

(h) Diseased or Dying Trees. Removal of a diseased or dying tree, provided that prior to its removal the property owner submits to the city a written evaluation of the tree prepared by a certified arborist certifying the unhealthy condition of the tree and recommending its immediate removal. The written evaluation shall be on a form prescribed by the city manager pursuant to section 2.019 City Manager – Administrative and Rulemaking Authority and Procedures.

(2) Tree Preservation and Removal Standards. The standards in this subsection apply only to land use applications processed under EC 9.8100, EC 9.8325, EC 9.8445, EC 9.8520, and EC 9.8812. Unless exempt under subparagraph (d) below, no permit for a development activity subject to this section shall be approved until the applicant demonstrates compliance with the standards in this subsection.

(a) Definitions. For the purposes of this subsection (2), the following definitions apply:

1. Critical Root Zone (CRZ). That area surrounding a tree that has a radius of 12 inches multiplied by the diameter breast height expressed in inches of the tree trunk or trunks.

2. Tree Removal. To fell or sever a tree or to use any procedure the natural result of which is to cause the death or substantial destruction of the tree. Substantial destruction includes actions that destroy more than 20% of the critical root zone of a tree, or topping, or severing the cambial material on 50% or more of the circumference of the tree trunk. Remove does not in any context include those pruning standards as defined in the 2014 edition of American National Standards Institute (ANSI) Section A300, Tree, Shrub and Other Woody Plant Maintenance Standard Practices.

(b) For the purposes of this subsection (2), the South Hills Area is defined as all property located within the City’s adopted Urban Growth Boundary, above an elevation of 500 feet, and:

1. South of 18th Avenue,

2. South of Franklin Boulevard and East of the intersection of 18th Avenue and Agate Street, or

3. If 18th Avenue were extended from the intersection of 18th Avenue and Willow Creek Road directly west to the Urban Growth Boundary, the area south of that extension of 18th Avenue.

(c) For the purposes of this subsection (2), the Willamette River Greenway is defined as all lands within the adopted Willamette River Greenway Boundary established by Resolution No. 2592, and the Willamette River Greenway Setback is that area identified on the Willamette River Greenway Setback Map adopted as Exhibit A-1 to Ordinance No. 20693.

(d) Exemptions. A proposed development shall be exempt from the requirements of EC 9.6885(2) if any of the following apply:

1. Except as provided in subparagraphs 4. and 5., the area of the development site is less than 20,000 square feet.

2. Except as provided in subparagraph 5., five or fewer significant trees exist on the development site prior to development.

3. Except as provided in subparagraph 5., the development site is zoned R-2 Medium-Density Residential, R-3 Limited High-Density Residential, R-4 High Density Residential, GO General Office, C-2 Community Commercial, or C-3 Major Commercial zones.

4. Notwithstanding subparagraph 1., development sites that include property at or above 900 feet elevation are subject to the requirements of EC 9.6885(2), regardless of the area of the development site.

5. Notwithstanding subparagraphs (1) through (4) above, any portion of a development site located within Willamette River Greenway Tree Preservation Zones 1-3, shall be subject to the requirements of EC 9.6885(2). Willamette River Greenway Tree Preservation Zones are identified on the map adopted as Exhibit B-1 to Ordinance No. 20693.

(e) Tree Preservation Requirements. Unless adjusted per EC 9.8030(13), significant trees must be preserved in accordance with the requirements of Table 9.6885(2)(e). Minimum preservation is based on the total existing Diameter Breast Height (d.b.h.) of significant trees within each specific location category prior to development. Maximum mitigation is the percentage of the minimum preservation that may be mitigated according to subsection 2. below.

Table 9.6885(2)(e) Tree Preservation and Mitigation

Location Category

Minimum Preservation

Maximum Mitigation

Outside the South Hills Area

40%

100%

Within the South Hills Area, between 500 feet and 900 feet elevation

50%

50%

Within the South Hills Area, at or above 900 feet elevation

50%

0%

Willamette River Greenway Tree Preservation Zone 1 (See Exhibit B-1 to Ordinance No. 20693)

50%

0%

Willamette River Greenway Tree Preservation Zone 2 (See Exhibit B-1 to Ordinance No. 20693)

50%

50%

Willamette River Greenway Tree Preservation Zone 3 (See Exhibit B-1 to Ordinance No. 20693)

40%

100%

1. A Tree Preservation and Removal Plan is required except as provided in EC 9.6885(2)(d) or EC 9.6885(2)(e)3. The plan must be prepared by a certified arborist, licensed landscape architect, licensed engineer, or licensed surveyor and shall provide the following:

a. A table, organized by the location categories listed in Table 9.6885(2)(e), listing all significant trees on the development site and including the following information for each listed tree:

(1) Diameter Breast Height (d.b.h.)

(2) Preservation, removal, or mitigation status

(3) Common name, genus and species

b. A site plan that includes the following information:

(1) The locations of all significant trees on the development site, the Diameter Breast Height (d.b.h.) for each significant tree, whether each significant tree is to be preserved, removed, or mitigated according to EC 9.6885(2)(e)2., and the location of the critical root zone (CRZ) for each significant tree to be preserved.

(2) The location of all existing and/or proposed public and private utility easements, driveways, and areas of grading or excavation on the development site.

(3) The location of all existing development on the site as well as the location of development proposed in the land use application that triggers the requirement for a Tree Preservation and Removal Plan.

(4) Proposed lot or parcel boundaries.

(5) For development sites with any portion located within the South Hills Area, identification of areas at or above 500 feet elevation and areas at or above 900 feet elevation.

c. A written statement from a certified arborist or licensed landscape architect that the Tree Preservation and Removal Plan meets EC 9.6885(2)(e) Tree Preservation Requirements. If the Tree Preservation and Removal Plan is prepared by a certified arborist or licensed landscape architect, then the written statement otherwise required by this subparagraph is not required.

2. Mitigation. An applicant may elect to mitigate a portion of the minimum preservation of significant trees on the development site as provided below:

a. The maximum d.b.h. that can be mitigated shall be based on location category as provided in Table EC 9.6885(2)(e) Tree Preservation and Mitigation.

b. Proposed subdivisions in areas outside of the South Hills Area and outside of the Willamette River Greenway Boundary may mitigate up to 100% of the minimum tree preservation requirement by either:

(1) Providing that lots up to 7,000 square feet in area will contain a minimum of two trees and lots 7,000 square feet or more will contain a minimum of three trees; or

(2) Providing one replacement tree for each significant tree designated for mitigation.

c. Required mitigation may only occur within the Willamette River Greenway Setback if the proposed trees to be planted are selected from the native trees included on the City’s adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351.

d. Installation and Maintenance. Unless otherwise specified, each significant tree designated for mitigation must be replaced with one tree selected from the approved species listed in Table 9.6885(2)(e)2 within one year from the date of removal or prior to final occupancy, whichever is later. Trees planted in accordance with subparagraph (2)(e)2.b. must be planted prior to final occupancy. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 5 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Any mitigation trees to be planted within the Willamette River Greenway Setback shall be selected from the native trees included on the City’s adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351.

e. The maximum mitigation allowance may be adjusted in accordance with EC 9.8030(13).

Table 9.6885(2)(e)2. Approved Species List

Genus and Species

Common Name

Abies koreana

Silver Korean Fir

Abies pinsapo

Spanish Fir

Acer circinatum

Vine Maple

Acer ginnala

Amur Maple

Acer glabrum var. douglasii

Rocky Mountain Maple

Acer griseum

Paperbark Maple

Acer macrophyllum

Big Leaf Maple

Acer rubrum

Red Maple

Acer saccharum

Sugar Maple

Alnus rhombifolia

White Alder

Alnus rubra

Red Alder

Amelanchier alnifolia

Pacific Serviceberry

Arbutus menziesii

Pacific Madrone

Arbutus unedo

Strawberry Madrone

Arbutus 'Marina'

Marina Strawberry Tree

Betula nigra

River Birch

Calocedrus decurrens

Incense Cedar

Carpinus betulus

European Hornbeam

Carpinus caroliniana

American Hornbeam

Castanopsis cuspidate

Japanese Chinquapin

Catalpa speciose

Northern Catalpa

Cedrus atlantica

Atlas Cedar

Cedrus deodara

Deodar Cedar

Cedrus libani

Cedar of Lebanon

Celtis occidentalis

Common Hackberry

Cercidiphyllum japonicum

Katsura Tree

Chrysolepis chrysophylla

Golden Chinquapin

Cinnamomum chekiangense

Camphor Tree

Cornus nuttallii

Pacific Dogwood

Corylus colurna

Turkish Filbert

Cupressus arizonica

Arizona Cypress

Cupressus bakeri

Modoc Cypress

Cupressus leylandii

Leyland Cypress

Fraxinus latifolia

Oregon Ash

Fraxinus ornus

Flowering Ash

Ginkgo biloba (fruitless cultivars only)

Ginkgo

Koelreuteria paniculate

Goldenrain Tree

Maackia amurensis

Maackia

Nyssa sylvatica

Tupelo, Black Gum

Ostrya virginiana

American Hophornbeam

Oxydendrum aroboreum

Sourwood

Parrotia persica

Persian Ironwood

Picea smithiana

Morinda Spruce

Pinus ponderosa

Ponderosa Pine

Pinus ponderosa var. benthamania

Willamette Valley Ponderosa Pine

Pinus wallichiana

Himalayan Pine

Pistacia chinensis

Chinese Pistachio

Platanus acerifolia

London Plane

Prunus virginiana

Chokecherry

Pseudotsuga menziesii

Douglas Fir

Quercus acutissima

Sawtooth Oak

Quercus agrifolia

Coast Live Oak

Quercus alba

White Oak

Quercus bicolor

Swamp White Oak

Quercus chrysolepis

Canyon Live Oak

Quercus douglasii

Blue Oak

Quercus frainetto

Hungarian Oak

Quercus gambelii

Gambel Oak

Quercus garryana

Oregon White Oak

Quercus hypoleucoides

Silver Oak

Quercus ilex

Holly Oak

Quercus kelloggii

California Black Oak

Quercus lobate

Valley Oak

Quercus macrocarpa

Bur Oak

Quercus myrsinifolia

Chinese Evergreen Oak

Quercus palustris

Pin Oak

Quercus phellos

Willow Oak

Quercus rubra

Red Oak

Quercus shumardii

Shumardii Oak

Quercus suber

Cork Oak

Quercus wislizeni

Interior Live Oak

Rhamnus purshiana

Cascara Buckthorn

Salix lucida ssp. Lasiandra

Pacific Willow

Salix scouleriana

Scouler’s Willow

Sciadopitys verticillate

Japanese Umbrella Pine

Sequoia sempervirens

Coast Redwood

Sequoiadendron giganteum

Giant Sequoia

Stewartia pseudocamellia

Stewartia

Styrax japonicus (japonica)

Japanese Snowbell

Taxodium distichum

Bald Cypress

Taxus brevifolia

Pacific Yew

Thuja plicata

Western Red Cedar

Tilia Americana

American Linden

Tilia cordata

Little Leaf Linden

Tilia tomentosa

Silver Linden

Tsuga canadensis

Canadian Hemlock

Tsuga heterophylla

Western Hemlock

Tsuga mertensiana

Mountain Hemlock

Tsuga sieboldii

Southern Japanese Hemlock

Ulmus americana

American Elm

Ulmus carpinifolia

Smoothleaf Elm

Ulmus parvifolia

Chinese Elm

Ulmus propinqua

Japanese Elm

Umbellularia californica

California Bay Laurel

Zelkova serrata

Zelkova

3. Tree Preservation Area Alternative.

a. A Tree Preservation and Removal Plan is not required if the applicant chooses to preserve at least 50 percent of the total existing d.b.h. of significant trees on the development site within one or more tree preservation area(s) and the following requirements are met:

(1) Tree preservation area(s) must be delineated and shown on a site plan submitted for approval by the City.

(2) Applicant must provide written certification from a certified arborist or licensed landscape architect stating that the area(s) designated for tree preservation include(s) at least 50 percent of the total existing d.b.h. of significant trees on the development site.

(3) No trees within the Willamette River Greenway Setback may count toward the 50 percent preservation requirement.

b. Mitigation is not allowed when the Tree Preservation Area Alternative is used to meet tree preservation requirements, except as approved through an adjustment review according to EC 9.8030(13).

4. Protection Standards. The following notes must be included on the final plan set submitted for approval by the City and shall apply at the time of development:

a. “Protective fencing for trees identified to be preserved shall be installed by the applicant and inspected by the City prior to beginning any development activities. All protective tree fencing must remain in place until completion of all construction activities; any relocation, removal, or modification of the protective fencing shall only occur under the direction of a certified arborist and a written explanation of the reason for the relocation, removal, or modification of the protective fencing from the certified arborist must be provided to the City.”

b. “At the time of building permit, a site plan in compliance with the approved tree preservation and removal plan is required.”

c. “No excavation, grading, material storage, staging, vehicle parking or other construction activity shall take place within protective tree fencing areas.”

d. “The removal of trees not designated to be preserved is optional; removal may occur at the owner’s discretion.”

e. “Any tree designated for mitigation must be replaced with one tree selected from the approved species listed in Table 9.6885(2)(e)2 within one year from the date of removal or prior to final occupancy, whichever is later. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 6 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Maintenance of replacement trees is the ongoing responsibility of the property owner.”

f. “In the event a tree designated to be preserved must be removed because it is dead, diseased, dying, or hazardous, documentation of the tree’s dead, diseased, dying, or hazardous condition by a certified arborist must be provided to the City prior to tree removal. The tree must be replaced with one replacement tree selected from the approved species list in Table 9.6885(2)(e)2. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 6 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Maintenance of replacement trees is the ongoing responsibility of the property owner.”

(f) Street Tree Removal. If the proposal includes removal of any street tree(s), removal of those street trees has been approved, or approved with conditions according to the process at EC 6.305 Tree Felling Prohibition.

(Section 9.6885, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20351, enacted November 14, 2005, effective January 1, 2006; Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020, remanded on November 24, 2020, and provisions administratively removed; Ordinance No. 20659, enacted September 15, 2021, effective September 17, 2021; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022, remanded on October 12, 2023, and provisions administratively removed; Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023; Ordinance No. 20693, enacted July 12, 2023, effective August 18, 2023; Ordinance No. 20705, enacted March 11, 2024, effective March 12, 2024, remanded on July 10, 2024, and provisions administratively removed; Ordinance No. 20716, enacted November 25, 2024, effective January 2, 2025.)