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(1) Hospitals, Clinics or Other Medical Facilities. In the R-3 and R-4 zones, these uses are subject to the following special regulations:

(a) Hospitals, clinics, or other medical facilities are prohibited in the residentially zoned area beginning on East 13th Avenue and Willamette Street, then south on Willamette Street to East 19th Avenue, then east on East 19th Avenue to Patterson Street, then north on Patterson Street to East 18th Avenue, then east on East 18th Avenue to Hilyard Street, then north on Hilyard Street to East 13th Avenue, then west on East 13th Avenue to Willamette Street. (See West University Plan.)

(b) Hospitals, clinics, or other medical facilities in existence on April 14, 1982 within the residentially zoned area beginning at East 13th Avenue and Hilyard Street, then south on Hilyard Street to East 18th Avenue, then east on East 18th Avenue to Kincaid Street, then north on Kincaid Street to East 13th Avenue, then west on East 13th Avenue to Hilyard Street shall be allowed to remain subject to an existing approved conditional use permit. Expansion of any existing facility within this area is limited to the area under development control by the existing facility as of December 1, 1981. (See West University Plan.)

(c) Hospitals, clinics, or other medical facilities in that portion of the West University Neighborhood designated as East 12th High Density Residential and Clinic Area, shall be permitted, subject to an approved conditional use permit. Expansion of medical facilities in existence on August 1, 2001 shall be allowed on land used for such purpose as of August 1, 2001 without the requirement to comply with the residential density requirements. The proposed conversion of land in residential use for the expansion of existing medical facilities or the establishment of new medical facilities shall be subject to the residential density requirements of Table 9.2750. (See West University Plan.)

(d) Clinics and other medical facilities shall be permitted in that portion of the Coburg/Crescent area designated for high-density residential use, subject to an approved planned unit development.

(e) Hospitals, clinics and other medical facilities are prohibited in that portion of the westside neighborhood designated as the central residential area. (See Westside Neighborhood Plan.)

(f) In the areas described in (b) and (d) above, hospitals, clinics, or other medical facilities are permitted subject to an approved conditional use permit, and are not required to comply with the residential density requirements of Table 9.2750.

(2) A duplex is permitted on any lot or parcel where a single-unit dwelling is permitted.

(3) Accessory Dwellings. One accessory dwelling is allowed for each detached single-unit dwelling on the same lot, subject to the standards at EC 9.2750 and EC 9.2751.

(4) Middle Housing Special Use Limitations.

(a) Middle Housing is permitted on the following lots:

1. A duplex shall be permitted on:

A. Any lot or parcel where a single-unit dwelling is permitted; and

B. Any lot or parcel with a lot area that is at least 2,250 square feet.

2. A triplex shall be permitted on any lot or parcel with a lot area that is at least 3,500 square feet.

3. A fourplex shall be permitted on any lot or parcel with a lot area that is at least 4,500 square feet.

4. A cottage cluster shall be permitted on any lot or parcel with a lot area that is at least 4,500 square feet.

5. Individual units of middle housing are permitted on middle housing lots created pursuant to a middle housing land division.

(b) Lot Area Reduction for Small Dwelling Units. When the average size of all dwelling units in a duplex, triplex, fourplex, or cottage cluster is less than 900 square feet as calculated using the formula in subparagraph (c), the lot area thresholds listed in subparagraphs (a)1. through (a)4. shall be reduced by 25 percent (for example, a triplex with units of an average size that is less than 900 square feet would be allowed on a lot with an area of 2,625 square feet).

(c) For the purposes of this subsection, “Average size” means the average square footage of all dwelling units in a duplex, triplex, fourplex, townhouse project, or cottage cluster using the formula:

AS = (X1+ X2 + X3 …+ X N) divided by N

Where:

AS = Average Size of all Dwelling Units in a Duplex, Triplex, Fourplex, Townhouse Project, or Cottage Cluster

N = Total number of dwelling units in the duplex, triplex, fourplex, townhouse project, or cottage cluster. N is equal to the number of X# dwellings included within the parenthesis in the calculation.

X# = Dwelling unit size. The size of one dwelling unit that is a part of a duplex, triplex, fourplex, townhouse project, or cottage cluster. Dwelling unit size is the total square footage of a dwelling, which is measured by adding together the square foot area of each full story or level in a dwelling. The square foot area must be measured at the exterior perimeter walls of each story of the dwelling, not including eaves, and is defined as all square footage inside of a dwelling, including, but not limited to, living rooms, kitchen, bedrooms, bathrooms, hallways, entries, closets, utility rooms, stairways, and bathrooms. For townhouses and attached duplexes, triplexes, and fourplexes, the exterior perimeter walls of a dwelling shall be measured from the midpoint of any common wall for that portion of the structure that shares a common wall with another unit in the townhouse project, duplex, triplex, or fourplex. The following are not included in the calculation of dwelling unit size: attached or detached garages; outdoor living areas and structures, including, but not limited to uncovered porches, uncovered decks, patios, porches, exterior stairways, decks, carports, and covered areas enclosed by no more than 50% on all sides; and crawlspaces, attics, and other areas that do not constitute a full story of the building.

(d) Lot Area Reduction for Income-Qualified Middle Housing. When at least 50 percent of the dwelling units in a duplex, triplex, fourplex, or cottage cluster meet the definition of income-qualified middle housing, the lot area thresholds listed in subparagraphs (a)1. through (a)4. shall be reduced by 25 percent. In calculating the number of income-qualified middle housing units for purposes of this subparagraph, fractional dwelling units shall be rounded down to the nearest whole number (for example, 50 percent of the units in a triplex equals 1.5 units, so at least 1 unit must be income-qualified to for the triplex to qualify for the lot area reduction pursuant to this subparagraph).

(e) For developments that qualify for the Lot Area Reductions in both subparagraphs (b) and (d) above, the total lot area reduction shall not exceed 25 percent.

(5) C-1 Neighborhood Commercial in Residential Zones. Uses permitted outright in the C-1 Neighborhood Commercial zone shall be permitted in any residential zone through the planned unit development process with a demonstration that the commercial uses will serve residents living in the PUD.

(6) C-1 Neighborhood Commercial in R-2, R-3 and R-4 Zones. Uses permitted outright or subject to site review in the C-1 Neighborhood Commercial zone shall be conditionally permitted in the R-2, R-3 and R-4 zone when the minimum residential density is achieved on the development site. All applicable standards for uses in the C-1 zone shall be complied with or granted an adjustment through the conditional use permit process except as follows:

(a) Neighborhood Commercial uses being approved through the conditional use permit process shall be located on arterial streets.

(b) In R-2, EC 9.2161(1) Small Business Incentives in C-1 shall not apply. Instead, each individual business shall be limited to a total of 2,500 square feet of floor area.

(c) Buildings within the maximum front yard setback shall be oriented toward the street.

(d) Maximum front yard setback shall be no greater than the predominant front yard original setback line in the immediate vicinity.

(e) No off-street parking shall be located between the front facade of any building and the primary adjacent street. This standard applies to new buildings and to completely rebuilt projects constructed after August 1, 2001.

(f) In new development, 60% of the site frontage abutting a street shall be occupied by a building within the maximum setback or by an enhanced pedestrian space. No more than 20% of the 60% may be an enhanced pedestrian space.

(g) Building Entrances:

1. All building sides that face an adjacent public street shall feature at least one customer entrance.

2. Building sides facing two public streets may feature one entrance at the corner.

3. Each commercial tenant of the building, unless an accessory to the primary tenant, shall be accessed through individual storefront entrances facing the street.

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

(7) Permitted, subject to the PRO zone use limitations and standards in Table 9.2630, EC 9.2631 and EC 9.2640.

(8) In addition to any residential structures for religious personnel, Churches, Synagogues and Temples in R-1 are permitted to have up to two dwellings per lot that are not subject to the special development standards at EC 9.5500 and 9.5550, provided all of the following are met:

(a) Each dwelling is used exclusively for low-income individuals and/or families where all units are subsidized. For the purposes of this section, low-income means having income at or below 80 percent of the area median income as defined by the U.S. Department of Housing and Urban Development.

(b) Each dwelling is limited to 800 square feet in area and 18 feet in height.

(c) The development site does not exceed the maximum net density per acre in EC 9.2750.

(Section 9.2741, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20270, enacted November 25, 2002, effective December 25, 2002; Ordinance No. 20285, enacted March 10, 2003, effective April 9, 2003; Ordinance No. 20299, enacted October 22, 2003, effective November 21, 2003, remanded on February 25, 2005 and provisions administratively removed on April 11, 2005; amended by Ordinance 20302, enacted November 10, 2003, effective December 10, 2003; Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20417, enacted August 11, 2008, effective July 7, 2009; Ordinance No. 20526, enacted March 12, 2014, effective April 12, 2014; Ordinance No. 20541, enacted July 28, 2014, effective August 29, 2014; Ordinance No. 20592, enacted May 14, 2018, effective June 16, 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.)