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(1) Density. For purposes of determining the maximum allowable dwellings on a lot:

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

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

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

1. The total dwelling count for all dwellings with three or fewer bedrooms shall be the number of dwellings,

2. The total dwelling count for all dwellings with four or more bedrooms shall be the total number of bedrooms in these dwellings divided by three. Fractional dwelling counts resulting from this calculation shall be rounded up to the next whole number, e.g. a total of seven bedrooms counts as three dwellings.

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

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

1. No residential building on the lot has more than two dwellings;

2. No dwelling on the lot has more than three bedrooms; and

3. No dwelling added to the lot after December 14, 2009, or that is on a lot that has more than the number of dwellings allowed on the lot by Table 9.3625 has more than 800 square feet of living area or any point (other than chimney) higher than 18 feet.

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

(2) Building Height. (See Figure 9.3626(2)(3)(4)).

(a) Residential buildings.

1. On a street-fronting lot that is not an alley access only lot, the maximum height of any part of a residential building within 60 feet of the lot line abutting the street is:

a. For any section of a roof that has at least a 6:12 pitch (i.e. a slope of 6 inches vertically for every 12 inches horizontally) for the entire roof section: 30 feet.

b. Otherwise: 18 feet.

c. For a lot that meets the definition of “Street-fronting lot” with respect to more than one street, the 60 foot distance shall be measured from the shortest lot line that meets the requirements under the definition of “Street-fronting lot.”

2. The maximum height of any part of a residential building not covered under subsection 1., above, is 18 feet.

3. Chimneys on residential buildings may exceed the maximum height limits by no more than 5 feet.

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

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

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

(3) Alley and Street Setbacks. (See Figure 9.3626(2)(3)(4)).

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

1. Residential buildings: 5 feet. All intrusions allowed by EC 9.6745 (“Setbacks-Intrusions Permitted”) and not explicitly prohibited by other provisions applicable in the S-JW Special Area Zone are allowed but no intrusion may penetrate more than two feet into the setback.

2. Other structures: 2 feet. No intrusions are allowed.

(b) Street setback.

1. Residential buildings.

a. Minimum setback shall be:

(1) 15 feet from any portion of a lot line that abuts a street and from any street right-of-way easement, whichever would result in a greater setback distance; or

(2) The average setback distance to the widest portion of the front facades of the two nearest residential buildings, one on each adjacent property on the side of the subject property, that face the same street, but not less than 10 feet; or

(3) Where there are not two dwellings as described in (2), above, one half the sum of 15 feet plus the setback distance to the widest portion of the front facade of the nearest residential building on a different property that faces the same street, but not less than 10 feet

(4) All intrusions allowed by EC 9.6745 (“Setbacks-Intrusions Permitted”) and not explicitly prohibited by other provisions applicable in the S-JW Special Area Zone are allowed. No intrusion may penetrate closer than 10 feet from any portion of a lot line that abuts a street and from any street right-of-way easement.

b. Maximum setback on a street-fronting lot that is not an alley access only lot:

(1) At least one residential building on the lot must have at least 25 feet or 100 per cent, whichever is less, of its main facade width located within 30 feet of the portion(s) of a lot line that abuts the street or the easement that the main facade faces.

(2) The maximum front yard setback can be increased to one of the following measurements, but to no more than 35 feet:

(A) The average setback distance to the widest portion of the front facades of the two nearest residential buildings, one on each adjacent property on the side of the subject property, that face the same street; or

(B) Where there are not two such dwellings as described in (A), one half the sum of 30 feet plus the setback distance to the widest portion of the front facade of the nearest residential building on a different property that faces the same street.

(3) On a corner lot (i.e., a lot that has abuts two intersecting streets), the street minimum setback requirement may be reduced to 10 feet for no more than a 30-foot extent of one residential building on one of the streets, when that residential building meets the following conditions:

(A) The residential building has a main entrance that meets the requirements in EC 9.3625(4) with respect to a different street and complies with the 15 foot minimum street setback requirement with respect to that street; and

(B) No dwelling in the residential building has a main entrance within the extent of the façade to which the 10 foot setback applies.

(2) Garages and buildings that are not residential buildings shall meet the following minimum setback requirements:

a. 21 feet from any portion of a lot line that abuts a street and from any street right-of-way; and

b. On all lots except alley access only lots: 6 feet behind the street-facing façade, other than the façade of an attached garage, that is furthest from the street of the residential building closest to the street that the garage or non-residential building faces.

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

(4) Interior Yard Setbacks. (See Figure 9.3626(2)(3)(4)). For purposes of this subsection, “generally parallel” shall mean within 30 degrees of parallel, and the term “generally perpendicular” shall mean within 30 degrees of perpendicular. Except as provided in subsections (c) through (f) of this subsection:

(a) For a street-fronting lot that is not an alley access only lot, for any portion of an interior lot line that is located within 60 feet of a lot line abutting a street and generally perpendicular to the side of the lot along which the interior lot line lies: The setback shall be at least 5 feet from the interior lot line and a minimum of 10 feet from structures on other lots. In addition, at a point that is 12 feet above grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally (approximately 50 degrees from vertical) away from the lot line. (See Figure 9.3626(4)(a)(b)).

(b) Setbacks from all other portions of interior lot lines, not covered in subsection (a), shall be at least 5 feet from the interior lot line and a minimum of 10 feet from structures on other lots. In addition, at a point that is 8 feet above grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally (approximately 50 degrees from vertical) away from the lot line. (See Figure 9.3626(4)(a)(b)).

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

1. The maximum extent of allowable intrusions into the sloped portion of a setback shall be measured horizontally from the sloped plane of the setback.

2. No wall or surface of a building that is an intrusion allowed under EC 9.6745(2) and that is over 20 square feet shall be closer than 10 feet to any residential building’s wall or surface that is over 20 square feet on an adjacent property.

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

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

1. Has at least 4 square feet of window(s) in the end (face) wall.

2. Has a minimum setback of 7 feet from interior lot lines and is a minimum of 10 feet from structures on other lots.

3. Maximum width.

a. There is no maximum width for a dormer that has an end (face) wall that does not face a street and is setback at least 30 feet from the nearest lot line segment the end wall faces.

b. The maximum width for all other dormers that intrude into the setback is 10 feet measured between the sidewalls or maximum roof opening, whichever is greater.

4. The dormer’s sidewalls (if any) are setback a minimum of 2 feet from the nearest generally parallel outer wall of the building to which the dormer is attached.

(f) Exceptions.

1. Structures may intrude into the sloped portion of any interior yard setback as long as the lot owner secures and records in the office of the Lane County Recorder a maintenance access easement adjacent to intrusive side of the structure. The easement shall provide a 5-foot wide access the entire length of the intrusion 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 review and payment of a fee set by the city manager.

2. Structures may intrude into an interior yard setback arising from a lot line between an alley access only lot and the lot between the alley access only lot and the street, as long as the property owner secures and records a maintenance access easement as described in 1, above.

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

(5) Window Setback above First Floor. For purposes of this subsection, “generally parallel” shall mean within 30 degrees of parallel.

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

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

(6) The maximum area covered by paved and unpaved vehicle use areas including but not limited to driveways, on-site parking and turnarounds, is 20 percent of the total development site area.

(7) Common and Private Open Space. (See Figure 9.3626(7)).

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

1. 20% of the development site area.

2. 25% of total living area.

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

1. The minimum area for any common open space shall be 250 square feet.

2. The boundaries of any area counted as common open space must be sufficient to encompass a square with 15 foot sides.

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

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

(8) 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. 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. 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.

(9) Maximum building height and minimum building setbacks 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.

(Section 9.3626 added by Ordinance No. 20449, enacted December 14, 2009, effective January 16, 2010; amended by Ordinance No. 20492, enacted May 14, 2012, effective June 15, 2012.)