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(1) Density.

(a) The minimum residential density requirements set forth in Table 9.2750 do not apply to:

1. Attached accessory dwellings in R-1;

2. Lots zoned R-2 that are less than a half-acre (21,780 square feet) and that were created before August 24, 2017;

3. Lots or development sites in the R-3 or R-4 zones that are developed and are 13,500 square feet or less in size;

4. Lots within a /# overlay zone as described in EC 9.4050 to EC 9.4065; or

5. Dwellings exclusively for low income individuals and/or families where all units are subsidized. For this purpose, 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. For these types of dwellings the minimum density is 10 units per net acre.

(Refer to Table 9.2750 Residential Zone Development Standards for the required net area per dwelling unit.)

(b) For purposes of this section, "net density" is the number of dwelling units per acre of land in actual residential use and reserved for the exclusive use of the residents in the development, such as common open space or recreation facilities.

(c) For purposes of calculating net density:

1. The acreage of land considered part of the residential use shall exclude public and private streets and alleys, public parks, and other public facilities.

2. In calculating the minimum net density required for a specific lot or development site, the planning director shall round down to the previous whole number.

3. In calculating the maximum net density allowed for a specific lot or development site the planning director shall round up to the next whole number only for:

a. A lot or development site that is 13,500 square feet or more in area;

b. A lot or development site that is not abutting the boundary of, or directly across an alley from land zoned R-1; and

c. Fractions of .75 or above.

In all other circumstances, the planning director shall round down to the previous whole number.

4. At the request of the developer, the acreage described in 1., above, also may exclude natural or historic resources. For purposes of this section, natural resources include those designated for protection in an adopted plan and the area within natural resources protection or conservation setbacks that have been applied to the development site. For purposes of this section, historic resources include historic property and resources identified in an official local inventory as “primary” or “secondary.” It may also include additional natural or historic resources upon approval of the planning director.

(d) Legally established buildings and uses conforming to the residential net density requirements in the R-2, R-3 and R-4 zones on December 7, 1994 are exempt from EC 9.1210 to 9.1230 Legal Nonconforming Situations, pertaining to nonconforming uses. This exemption is limited to development sites in the R-2, R-3, and R-4 zones on which residential buildings and uses existed, or in which a development permit or land use application was pending, on December 7, 1994. If such a building which is nonconforming as to minimum density is destroyed by fire or other causes beyond the control of the owner, the development site may be redeveloped with the previous number of dwelling unit(s) if completely rebuilt within 5 years. If not completely rebuilt within 5 years, the development site is subject to the density standards of this section.

(e) Provided the number of dwelling units are not reduced below the number present at the time of historic landmark designation, changes in the number of dwelling units within the historic property are exempt from the residential net density minimums.

(2) Maximum building height, minimum building setbacks, and maximum building dimensions may be modified with an approved planned unit development permit. (For planned unit development procedures refer to EC 9.7300 General Overview of Type III Application Procedures and for approval criteria refer to EC 9.8320 Tentative Planned Unit Development Approval Criteria – General.)

(3) Building Height.

(a) Except as provided in (b) and (c) below, in the R-3 and R-4 zone, the maximum building height shall be limited to 30 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R-1.

(b) For that area bound by Patterson Street to the west, Agate Street to the east, East 18th Avenue to the north and East 20th Avenue to the south:

1. In the R-3 zone between 19th and 20th Avenues, the maximum building height is 35 feet.

2. In the R-4 zone west of Hilyard Street, the maximum building height is 65 feet.

3. In the R-4 zone east of Hilyard Street, the maximum building height is:

a. 35 feet within the area south of 19th Avenue;

b. 50 feet within the half block abutting the north side of 19th Avenue;

c. 65 feet within the half block abutting the south side of 18th Avenue.

(See Figure 9.2751(3)).

(c) For that area bound by Hilyard Street to the west, Kincaid Street to the east, East 13th Alley to the north and East 18th Avenue to the south the maximum building height is 65 feet.

(See Figure 9.2751(3)).

(d) An additional 7 feet of building height is allowed for roof slopes of 6:12 or steeper in the R-1, R-2, R-3 and R-4 zones, except that this additional building height allowance is not permitted in the R-1 zone for accessory dwellings, accessory buildings or development on alley access lots.

(4) Solar standards may require a more restrictive height limitation and setback requirement, refer to EC 9.2795 Solar Setback Standards.

(5) Exceptions to general height restrictions are contained in:

(a) EC 9.6715 Height Limitation Areas.

(b) EC 9.6720 Height Exemptions for Roof Structures and Architectural Features.

(6) Special setback provisions may also apply, see EC 9.6750 Special Setback Standards.

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

(8) Area – Specific Interior Yard Setback. For R-3 and R-4 zoned properties located in the area bound by Hilyard Street to the west, Agate Street to the east, East 19th Avenue to the north and East 20th Avenue to the south and that are abutting or across an alley from R-1 zoned property:

(a) The interior yard setback shall be a minimum of 10 feet from the property line abutting or across an alley from R-1 zoned property; and

(b) At a point that is 25 feet above finished grade, the setback shall slope at the rate of 7 inches vertically for every 12 inches horizontally away from the property line abutting or across an alley from R-1 zoned property until a point not to exceed allowable building height at EC 9.2751(3)(b).

The allowances for setback intrusions provided at EC 9.6745(3) do not apply within the setback described in (a) and (b) above, except that eaves and chimneys are allowed to project into this setback no more than 2 feet. (See Figure 9.2751(8))

(9) Certain building features and uses may intrude into required setback, refer to EC 9.6745 Setbacks – Intrusions Permitted, and EC 9.6750 Special Setback Standards.

(10) Except as provided in this subsection (10), no interior setback along the side property lines is required if the buildings abut or share a common wall that conforms to adopted state building codes. A 5 foot setback is required at the end of the rowhouse building, or a minimum of 10 feet between the rowhouse building and any adjacent building. A 5 foot setback is also required along an alley.

(11) Alley Access Lots/Parcels. There are no front yard setbacks since there is no frontage on a street. (See EC 9.2751(18) for Alley Access Lot Standards in R-1.)

(12) The 18 foot setback requirement for garages and carports is measured through the centerline of the driveway from the front property line to either the garage door or to the frontmost support post of a carport.

(13) For multiple-family projects, refer to EC 9.5500(9) Open Space.

(14) Fences.

(a) Types. The type of fence (including walls or screens) used is subject to specific requirements stated in the landscape standards beginning at EC 9.6200 Purpose of Landscape Standards. The standards apply to walls, fences, and screens of all types including open, solid, wood, metal, wire, masonry or other material. Use of barbed wire and electric fencing is regulated in EC 6.010(d) Fences.

(b) Location and Heights.

1. Except as provided in subsection (c) below, fences up to 42 inches in height are permitted within the required front yard setback. For corner lots or double frontage lots, a fence between 42 inches and 6 feet in height is permitted within one of the two front yard setbacks, so long as for corner lots, this fence cannot extend past a line created by an extension of the front wall of the dwelling. (See Figure 9.2751(14)(b)1.)

2. Except as provided in subsection (c) below, fences up to 6 feet in height are permitted within the required interior yard setback.

3. The height of fences that are not located within the required setback areas is the same as the regular height limits of the zone.

4. Fences must meet the standards in EC 9.6780 Vision Clearance Area.

(c) Deer Fencing. The following standards apply in the R-1 zone to fencing in the front and interior yards that is intended to protect property from damage by deer and/or other animals. The purpose of these standards is to allow for increased opportunities for urban agriculture in otherwise under-utilized front and interior yards while encouraging compatibility with a low-density residential environment.

1. Deer fencing up to a maximum height of 8 feet above grade is permitted in the front and interior yard setbacks.

2. Deer fencing may extend above any fence that meets allowable fence heights per subsection (b) of this section if the portion above allowable height provides a clear view through the fence. For the purposes of this subsection, a clear view fence shall be unobstructed to both light and air and shall have a minimum open area between wire strands of 8 square inches with a minimum of 2 inches in any one dimension. In addition, no horizontal component (such as wood or metal), other than tension wire, may be used as part of a deer fence.

3. Permitted deer fencing materials include wire fencing (such as field fence, hog or cattle panels) and wire strand with a maximum diameter of ¼ inch that is open and visible through the material. Chain link and polypropylene or plastic fencing materials are prohibited as a deer fencing material.

4. Vertical posts must be a minimum of 3.5 feet apart and each post shall be no more than 8 inches in any one dimension.

5. Deer fencing shall be installed and maintained in a manner that prevents sagging.

(15) Driveways and Parking Areas.

(a) R-1 Zone. Within the city-recognized boundaries of the Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association, the following standards apply when a new dwelling or a new parking area serving residential uses is created in the R-1 zone, except for alley access lots, flag lots, and lots on the east side of Fairmount Boulevard:

1. A lot shall have no more than one driveway accessed from a street.

2. The total number of parking spaces shall be limited to 2 per lot, not including parking within a garage.

3. The driveway and associated parking shall be perpendicular to the street.

4. A driveway and associated parking area shall not exceed 22 feet in width by 18 feet in depth for side by side parking spaces, or 12 feet in width by 33 feet in depth for tandem parking spaces.

5. Driveways and associated parking spaces shall be hard-surfaced with asphalt, concrete, pavers or grass-crete. No parking shall be allowed outside of the hard-surfaced area.

(b) R-3 and R-4 Zones. Except for development subject to the Multi-Family Development standards at EC 9.5500 and development authorized through a planned unit development approved prior to June 15, 2012, the following standards apply when a new dwelling or new parking area serving residential uses is created in the R-3 or R-4 zones.

1. Except for corner lots, a lot may have no more than one driveway accessed from a street. For corner lots, one driveway on each street frontage may be provided if allowed per EC 9.6735.

2. Abutting lots may share a driveway provided such a driveway is allowed under Chapter 7 of this code. When shared driveways are provided, no additional driveways are permitted on that street frontage for either lot sharing the driveway.

3. Except for a driveway and associated parking area shared by two adjoining lots (“shared driveway”), no driveway or associated parking area shall be located in the interior yard setback adjacent to a property line, except in an interior yard setback that is adjacent only to an alley.

4. Consistent with the standards in this subsection, a driveway and associated parking area may be located between any structure and the street or alley.

5. When a driveway and associated parking area is provided from an alley, the driveway and associated parking area shall not extend further than the street facing façade of the building closest to the street.

6. Except for shared driveways and as provided in 8. below, when a driveway and associated parking area is accessed from a street, the driveway and associated parking area shall not exceed 22 feet in width. Shared driveways and associated parking areas shall not exceed 24 feet in width.

7. Except as provided in 8. below, a driveway and associated parking area accessed from a street shall be a minimum of 18 feet in depth and a maximum of 33 feet in depth, measured from the front lot line. The driveway and associated parking area shall be perpendicular to the adjacent street.

8. When a parking area is provided behind the structure and accessed from a street, the driveway shall be perpendicular to the street until it serves the associated parking area and shall not exceed 20 feet in width.

9. All portions of required front yard setbacks not otherwise covered by a legal driveway or by projecting building features as allowed per EC 9.6745(3) shall be landscaped and maintained with living plant material, except that a pedestrian path, not to exceed 4 feet in width, may be allowed from the street to the entrance of a dwelling. The pedestrian path shall be separated from any vehicle use areas by a minimum of 3 feet. The area between the vehicle use area and the pedestrian path shall be landscaped and maintained with living plant material.

10. No parking shall occur in the landscaped portion of the required front yard setback.

11. Adjustments to the standards in subsection 9. may be made, based on the criteria at EC 9.8030(30).

(See Figure 9.2751(15))

(16) Accessory Buildings in R-1.

(a) General Standards. Except as provided in subsection (b) below, the following standards apply to all new accessory buildings:

1. Building Size. The maximum square footage of all accessory buildings shall not exceed 10 percent of the lot area, except that accessory buildings on development sites larger than one acre (43,560 square feet) may exceed that maximum size if approved through the PUD process. For the purposes of calculating square footage, all floors of a multi-story structure shall be included.

2. Building Height/Interior Setback.

a. Interior yard setbacks shall be at least 5 feet. In addition, at a point that is 8 feet above finished grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally away from the property line to a maximum building height of 25 feet, except as provided below. (See Figure 9.2751(16)(a)2.a.)

b. Where the entire structure meets the sloped setback standard above, approval for up to a 5-foot increase in height may be granted only through the PUD process.

3. Use. No accessory building shall be rented, advertised, represented or otherwise used as an independent dwelling. An accessory building shall be limited to 2 plumbing fixtures, except that an accessory building may have 3 plumbing fixtures if, prior to the city’s issuance of a building permit for the accessory building, the owner records a deed restriction with the Lane County Clerk, on a form approved by the city, that includes the following provisions:

a. The accessory building may not be rented, advertised, represented, or otherwise used as an independent dwelling.

b. The deed restriction runs with the land and binds the property owner(s), heirs, successors and assigns.

c. The deed restriction may be terminated, upon approval by the city, at such time as the city code no longer limits the use of said accessory building for residential uses, or upon removal of the accessory building.

(b) Area – Specific Accessory Building Standards. The following standards apply to all new accessory buildings associated with a dwelling in the R-1 zone within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association:

1. In addition to any accessory buildings legally established prior to April 12, 2014, one accessory building is allowed.

2. The accessory building shall not exceed 400 square feet in area.

3. Building Height/Interior Setback.

a. The interior yard setbacks shall be at least 5 feet from the interior lot lines. In addition, at a point that is 8 feet above finished grade, the setbacks shall slope at the rate of 10 inches vertically for every 12 inches horizontally (approximately 40 degrees from horizontal) away from the lot lines until a point not to exceed a maximum building height of 18 feet.

b. The allowances for setback intrusions provided at EC 9.6745(3) do not apply within the setback described in a. above, except that eaves, chimneys and gables are allowed to project into this setback no more than 2 feet.

(See Figure 9.2751(16)(b)3.)

4. An accessory building greater than 200 square feet in area shall have a minimum roof pitch of 6 inches vertically for every 12 inches horizontally.

5. No accessory building shall be rented, advertised, represented or otherwise used as an independent dwelling.

6. The accessory building shall not include more than one plumbing fixture.

7. For an accessory building with one plumbing fixture, prior to the city’s issuance of a building permit for the accessory building, the owner shall provide the city with a copy of a deed restriction on a form approved by the city that has been recorded with the Lane County Clerk. The deed restriction must include the following statements:

a. The accessory building shall not be rented, advertised, represented or otherwise used as an independent dwelling.

b. If the property owner is unable or unwilling to fulfill the requirements of the Eugene Code for use of the accessory building, then the property owner shall discontinue the use and remove the plumbing fixture from the building.

c. Lack of compliance with the above shall be cause for code enforcement under the provisions of the applicable Eugene Code.

d. The deed restriction shall lapse upon removal of the accessory building or removal of the plumbing fixture. The City must approve removal of deed restriction.

e. The deed restriction shall run with the land and be binding upon the property owner, heirs and assigns and is binding upon any successor in ownership of the property.

(17) Accessory Dwellings.

(a) General Standards for Attached Accessory Dwellings. Except as provided in subsection (c) below, accessory dwellings that are within the same building as the primary dwelling shall comply with all of the following:

1. Lot Area. To allow an accessory dwelling, flag lots shall contain at least 12,500 square feet, excluding the pole portion of the lot, and shall have a minimum pole width as required under EC 9.2775(5)(e). All other lots shall contain at least 6,100 square feet.

2. Building Size. The total building square footage of an accessory dwelling shall not exceed 10 percent of the total lot area or 800 square feet, whichever is smaller. Total building square footage is measured at the exterior perimeter walls and is defined as all square footage inside of the dwelling, including, but not limited to hallways, entries, closets, utility rooms, stairways and bathrooms.

3. Building Height/Interior Setback. Except for accessory dwellings on flag lots (see EC 9.2775), the following standards apply:

a. For any portion of an attached accessory dwelling located within 60 feet of a front lot line, interior yard setbacks shall be at least 5 feet, and maximum building height shall be limited to that of the main building as per Table 9.2750.

b. For any portion of an attached accessory dwelling located greater than 60 feet of a front lot line, the following standards apply:

(1) Except as provided in subsection (2) below, interior yard setbacks shall be at least 5 feet. In addition, at a point that is 10 feet above finished grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally away from the property line to a maximum building height of 18 feet. (See Figure 9.2751(16)(b)3. Building Height/Interior Setbacks.)

(2) For an accessory dwelling located above a garage or located where there is a grade change of 5 feet or more when measured from lowest finished grade to highest finished grade at points within a 5-foot horizontal distance of the exterior walls of the accessory dwelling (See Figure 9.2751(17)(a)3.b.(2)(A) Building Height Calculation & Sloped Setback for Sloped Lots), the following standards apply:

(A) For an interior lot line that is not addressed in (2)(B) below or an interior lot line that abuts an alley, the minimum interior yard setback from that lot line is 5 feet and the maximum building height is 25 feet.

(B) Where an interior lot line abuts property that is zoned R-1, R-1.5, S-C/R-1 or S-RN/LDR, the interior yard setbacks shall be at least 5 feet. In addition, at a point that is 18 feet above finished grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally away from the property line to a maximum building height of 25 feet. If the building is set back a minimum of 20 feet from an interior property line, the sloped portion of the setback does not apply along that property line. (See Figure 9.2751(17)(a)3.b.(2)(B) Accessory Dwelling Above Garage)

c. Exceptions. If the accessory dwelling is above a garage or on a slope as described in EC 9.2751(17)(a)3.b.(2) above, the following exceptions apply:

(1) An accessory dwelling may intrude into the 5-foot interior yard if a 10-foot separation exists between the accessory dwelling and buildings on the abutting lot and if the owner of the accessory dwelling has secured and recorded in the office of the Lane County Recorder a maintenance access easement adjacent to the intruding side of the building. The easement shall provide a 5-foot wide access the entire length of the building and 5 feet beyond both ends and require the continuation of a 10-foot separation between buildings on the separate lots. The easement shall be on a form provided by the city and be subject to payment of a fee set by the city manager.

(2) An accessory dwelling’s dormers may intrude into the sloped portion of any interior yard setback if:

(A) The total width of all dormers does not exceed fifty percent of the width of the roof on which the dormers are located (for hipped roofs, the width of the roof shall be measured at the eave); and

(B) The walls of the dormer(s) are set back a minimum of 2 feet from the face of all exterior building walls of the accessory dwelling.

(See Figure 9.2751(17)(a)3.c.(2) Dormer Placement & Size Calculation)

d. The allowances for setback intrusions provided at EC 9.6745(3) do not apply within the setback described in subsections a. and b. above, except that eaves and chimneys are allowed to project into this setback no more than 2 feet.

4. Minimum Attachment. The accessory dwelling and the primary dwelling must share a common wall or ceiling for a minimum length of 8 feet to be considered attached.

5. Additional Standards for Accessory Dwellings on Flag Lots. Accessory dwellings on flag lots are also subject to the standards at EC 9.2775(5)(e).

(b) General Standards for Detached Accessory Dwellings. In addition to the standards in subsection (a) of this section, detached accessory dwellings shall comply with the following, except as provided in subsection (c) below:

1. Building Size. For an accessory dwelling located above a garage, up to 800 square feet of unheated garage or other unheated storage space attached to the accessory dwelling is allowed and is not counted in the total building square footage for the accessory dwelling. For other accessory dwellings, up to 300 square feet of unheated garage or other unheated storage space attached to the accessory dwelling is allowed and is not counted in the allowable total building square footage for the accessory dwelling.

2. Pedestrian Access. A pedestrian walkway shall be provided from the street or alley to the primary entrance of the accessory dwelling. The pedestrian walkway shall be a hard surface (concrete, asphalt or pavers) and shall be a minimum of 3 feet in width.

3. Primary Entrance. The primary entry to an accessory dwelling shall be defined by a covered or roofed entrance with a minimum roof depth and width of no less than 3 feet.

4. Outdoor Storage/Trash. Outdoor storage and garbage areas shall be screened from view from adjacent properties and those across the street or alley with a minimum 42-inch tall 100-percent site obscuring fence or enclosure on at least three sides.

5. Building Height/Interior Setback. Except for accessory dwellings on flag lots (see EC 9.2775), the following standards apply:

a. Except as provided in subsection b. below, interior yard setbacks shall be at least 5 feet. In addition, at a point that is 10 feet above finished grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally away from the property line until a point not to exceed a maximum building height of 18 feet. (See Figure 9.2751(16)(b)3. Building Height/Interior Setbacks)

b. For an accessory dwelling located above a garage or located where there is a grade change of 5 feet or more when measured from lowest finished grade to highest finished grade at points within a 5-foot horizontal distance of the exterior walls of the accessory dwelling (see Figure 9.2751(17)(a)3.b.(2)(A) Building Height Calculation & Sloped Setback for Sloped Lots), the standards at EC 9.2751(17)(a)3.b.(2) and EC 9.2751(17)(a)3.c. apply.

c. The allowances for setback intrusions provided at EC 9.6745(3) do not apply within the setback described in a. or b. above, except that eaves and chimneys are allowed to project into this setback no more than 2 feet.

6. Maximum Wall Length. Along the vertical face of the dwelling, offsets shall occur at a minimum of every 25 feet by providing at least one of following: recesses or extensions, including entrances, a minimum depth of 2 feet and a minimum width of 5 feet for the full height of the wall. Full height is intended to mean from floor to ceiling (allowing for cantilever floor joists).

(c) Area-Specific Accessory Dwelling Standards. The following standards apply to all new attached or detached accessory dwellings in the R-1 zone within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association:

1. Lot Area. To allow for an accessory dwelling, the lot shall contain at least 7,500 square feet.

2. Lot Dimension. The boundaries of the lot must be sufficient to fully encompass an area with minimum dimensions of 45 feet by 45 feet.

3. Lot Coverage. The lot shall meet the lot coverage requirements for R-1, except that all roofed areas shall be included as part of the calculation of lot coverage.

4. Building Size. For lots at least 7,500 square feet and less than 9,000 square feet in area, the accessory dwelling shall not exceed 600 square feet of total building square footage. For lots at least 9,000 square feet in area, the accessory dwelling shall not exceed 800 square feet of total building square footage. Total building square footage is defined as all square footage inside of the dwelling, including, but not limited to hallways, entries, closets, utility rooms, stairways and bathrooms. For an accessory dwelling located above a garage, up to 800 square feet of unheated garage or other unheated storage space is allowed and is not counted in the total building square footage for the accessory dwelling.

5. Minimum Attachment. The standards at EC 9.2751(17)(a)(4) are applicable.

6. Maximum Bedrooms. For lots with a primary dwelling containing 3 or fewer bedrooms, the accessory dwelling shall be limited to 2 bedrooms. For lots with a primary dwelling containing 4 or more bedrooms, the accessory dwelling shall be limited to 1 bedroom.

7. Maximum Occupancy. For lots with a primary dwelling containing 3 or fewer bedrooms, the accessory dwelling shall be limited to 3 occupants. For lots with a primary dwelling containing 4 or more bedrooms, the accessory dwelling shall be limited to 2 occupants.

8. Building Height/Interior Setback.

a. The standards at EC 9.2751(17)(b)5.a. and b. are applicable to detached accessory dwellings.

b. The allowances for setback intrusions provided at EC 9.6745(3) do not apply within the setback described in a. above, except that eaves, chimneys and gables are allowed to project into this setback no more than 2 feet.

9. Pedestrian Access. The standards at EC 9.2751(17)(b)2. are applicable to attached and detached accessory dwellings.

10. Primary Entrance. The standards at EC 9.2751(17)(b)3. are applicable to detached accessory dwellings only.

11. Outdoor Storage/Trash. The standards at EC 9.2751(17)(b)4. are applicable to detached accessory dwellings only.

12. Maximum Wall Length. The standards at EC 9.2751(17)(b)6. are applicable to detached accessory dwellings only.

(d) Adjustment Review. An adjustment may be requested to convert an existing building into an accessory dwelling in accordance with EC 9.8030(34) if the existing building does not meet the standards under EC 9.2751(17)(a) or (b). For accessory dwellings, these are the only standards that may be adjusted. These standards are not adjustable for accessory dwellings within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association.

(e) Enforcement. Failure to adhere to the standards required under this section shall constitute a violation subject to the enforcement provisions of section 9.0010 through 9.0280 General Administration.

(18) Alley Access Lots in R-1.

(a) General Standards.

1. Applicability. Except as provided in (b) below, the following standards apply to development on alley access lots in R-1.

2. Use Regulations. Alley access lots have the same land use regulations as the base zone except that there is no allowance for an accessory dwelling.

3. Building Size. The total building square footage of a dwelling shall not exceed 10 percent of the total lot area or 800 square feet, whichever is smaller. Total building square footage is measured at the exterior perimeter walls and is defined as all square footage inside of the dwelling, including, but not limited to hallways, entries, closets, utility rooms, stairways and bathrooms.

4. Lot Coverage. Alley access lots shall meet the lot coverage requirements for R-1, except that all roofed areas shall be included as part of the calculation of lot coverage.

5. Building Height/Interior Setback.

a. Interior yard setbacks shall be at least 5 feet, including along the alley frontage. In addition, at a point that is 8 feet above finished grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally away from the property line perpendicular to the alley until a point not to exceed a maximum building height of 18 feet.

b. The allowances for setback intrusions provided at EC 9.6745(3) do not apply within the setback described in a. above, except that eaves and chimneys are allowed to project into this setback no more than 2 feet.

(See Figure 9.2751(16)(b)3.)

c. These standards may be adjusted in accordance with EC 9.8030(35).

6. Windows, Dormers and Balconies.

a. Any window on the upper story must be located a minimum of 10 feet from any property line.

b. Up to two dormers are allowed on the side of the dwelling facing the alley. Dormers are limited to a maximum width of 10 feet. Dormers are not allowed on the remaining sides of the dwelling.

c. Balconies and other second floor outdoor areas are only allowed on the side of the dwelling facing the alley, and shall be setback at least 10 feet from the alley.

d. Notwithstanding b. and c. above, dormers and balconies are not allowed on the second floor of a dwelling on any non-alley facing property line unless the affected adjacent property owner consents in writing on a form approved by the city.

7. Bedrooms. The dwelling shall contain no more than 3 bedrooms.

8. Primary Entrance. The primary entry to the dwelling shall be defined by a covered or roofed entrance with a minimum roof depth and width of no less than 3 feet.

9. Pedestrian Access. The dwelling shall be served by a minimum three foot wide hard-surfaced/hard-scaped (paved, concrete or pavers) pedestrian walkway from the alley, or from the front street via an easement. The pedestrian walkway must be recognizable and distinct (different color, materials and/or texture) from the driveway and parking area, but is not required to be separated from the driveway or parking area.

10. Parking Spaces. There shall be a minimum of 1 and a maximum of 2 parking spaces on the lot.

11. Parking and Driveway.

a. Only one covered or enclosed parking space may be provided (carport or garage). The covered or enclosed parking space shall be counted towards the total number of parking spaces.

b. The maximum dimensions for a garage shall be 16 feet by 24 feet, with a maximum garage door width of 9 feet.

c. The minimum setback for a garage shall be 5 feet from the alley. If the garage is setback greater than 5 feet from the alley, it must be setback a minimum of 15 feet and the area between the garage and the alley shall be counted towards one parking space.

d. The maximum width for a driveway accessing a garage or carport shall be 12 feet.

e. The maximum dimensions for one parking space located perpendicular to the alley shall be 12 feet in width by 20 feet in depth.

f. The maximum dimensions for two side by side parking spaces perpendicular to the alley shall be 20 feet in width by 20 feet in depth.

g. The maximum dimensions for tandem parking spaces shall be12 feet in width by 33 feet in depth.

h. Only one parking space parallel to the alley shall be allowed, and such space shall not exceed 10 feet in width and 20 feet in length along the length of alley.

i. The total vehicle use area, including but not limited to driveways and on-site parking, but not including parking space in garage, shall not exceed 400 square feet.

j. No parking shall occur outside of the vehicle use area.

(See Figure 9.2751(18)(a)11.)

12. Distance from Street/Fire Safety. If any portion of the exterior walls of the first story of the dwelling is greater than 150 feet from the centerline of the alley where it intersects with the curb of the street, as measured by a route approved by the fire code official, the dwelling shall be equipped throughout with multi-purpose residential sprinklers as defined in National Fire Protection Association Standard 13D.

13. Trash and Recycling. Outdoor storage and garbage areas shall be screened from view from adjacent properties and those across the alley with a minimum 42-inch tall 100-percent site obscuring fence or enclosure on at least three sides.

14. Accessory Buildings. Detached accessory buildings are allowed subject to the standards at EC 9.2751(16), except that the total square footage of all accessory buildings on an alley access lot is limited to 400 square feet.

15. Adjustment Review. For alley access lots, EC 9.2751(18)(a)(5) is the only standard that may be adjusted. This standard is not adjustable for dwellings within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association.

(b) Area – Specific Alley Access Lot Standards in R-1. Except as provided below, the standards in subsection (a) of this section apply to alley access lots existing as of April 12, 2014, in the R-1 zone within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association. In lieu of EC 9.2751(18)(a)(3) Building Size, the following applies:

1. Building Size. An alley access lot dwelling shall not exceed 1,000 square feet of total building square footage, measured at the exterior perimeter walls. For alley access lots, total building square footage is defined as all square footage inside of the dwelling, including, but not limited to hallways, entries, closets, utility rooms, stairways and bathrooms.

2. This standard may not be adjusted.

(19) Area – Specific Maximum Bedroom Count. In the R-1 zone within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association, the maximum allowable number of bedrooms in a dwelling shall be limited to 3 bedrooms total, except that additional bedroom(s) may be added beyond 3 if, prior to the city’s issuance of a building permit for a new dwelling or for an addition, expansion or alteration that adds bedroom(s), the owner records a deed restriction with the Lane County Clerk, on a form approved by the city, that includes the following provisions:

(1) The maximum number of unrelated individuals living in the dwelling shall be limited to 3.

(2) The deed restriction runs with the land and binds the property owner(s), heirs, successors and assigns.

(3) The deed restriction may be terminated, upon approval by the city, when bedrooms are removed so that there are 3 bedrooms, or at such time as the city code no longer requires a bedroom/occupancy limit in accordance with this section.

(Section 9.2751, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by 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 No. 20351, enacted November 14, 2005, effective January 1, 2006; Ordinance No. 20417, enacted August 11, 2008, effective July 7, 2009; Ordinance No. 20418, enacted August 11, 2008, effective August 13, 2008, remanded on June 12, 2009, and rendered ineffective; amended by Ordinance No. 20439, enacted October 12, 2009, effective November 13, 2009, with those amendments to sunset and be repealed on June 30, 2010; amended by Ordinance No. 20448, enacted December 14, 2009, effective January 16, 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. 20533, enacted June 23, 2014, effective July 25, 2014; Ordinance No. 20541, enacted July 28, 2014, effective August 29, 2014; Ordinance No. 20585, enacted July 17, 2017, effective August 24, 2017; administratively corrected on October 11, 2017; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; and Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020.)