9.5860 Transition Standards for Housing/Clear and Objective Applications.
(1) Applicability of Transition Standards. The transition standards at EC 9.5860(2) shall apply to land use applications proposing housing to be reviewed with clear and objective approval criteria under EC 9.8100 Conditional Use Permit Approval Criteria – Housing/Clear and Objective, EC 9.8325 Tentative Planned Unit Development Approval Criteria – Housing/Clear and Objective, or EC 9.8445 Site Review Approval Criteria – Housing/Clear and Objective. The transition standards at EC 9.5860(2) apply to all new buildings and any building additions that increase the square footage of livable floor area by 20 percent or more for any of the following:
(a) Multiple-unit development on property abutting land zoned R-1, S-C/R-1, or S-RN/LDR except where the multiple-unit development consists of structures less than 30 feet in height.
(b) Assisted care, boarding and rooming house, campus living organization, university or college dormitory, or single room occupancy (SRO), proposed on property abutting land zoned R-1, S-C/R-1, or S-RN/LDR.
In cases where the standards in subsection (2) apply to building additions, they shall be applicable between the addition and any property line abutting land zoned R-1, S-C/R-1, or S-RN/LDR.
(2) Standards. The following standards apply to new buildings and building additions identified in subsection (1) and unless specified otherwise, must be applied within 25 feet along the portion of any property line that abuts land zoned R-1, S-C/R-1, or S-RN/LDR:
(a) Height and Setback Options. The proposed development must comply with one of the following four options:
1. Option 1. The maximum building height of a new building or building addition shall be limited to 35 feet. In addition, at least one of the following must be provided along the entire portion of any property line that abuts land zoned R-1, S-C/R-1, or S-RN/LDR:
a. A 6-foot high, 100 percent sight-obscuring wooden fence or masonry wall.
b. A 6-foot high metal fence with high shrubs planted every 6 feet. Chain link or cyclone fences are not allowed. For the purpose of this subparagraph, high shrubs must be:
(1) Selected from the City of Eugene Plant Materials list approved by administrative order of the city manager;
(2) Designated in the City of Eugene Plant Materials list as meeting the high shrub requirement; and
(3) In at least 5-gallon containers at the time of planting.
c. Landscaping with a minimum plant bed width of 7 feet meeting EC 9.6210(3) High Screen Landscape Standard (L-3).
2. Option 2. The minimum interior yard setback shall be 10 feet from the portion of any property line land zoned R-1, S-C/R-1, or S-RN/LDR. In addition:
a. At a point that is 25 feet above grade at the property line, the interior yard setback shall slope toward the interior of the property at the rate of 10 inches vertically for every 12 inches horizontally away from that property line until a point 25 feet away from the property line. (See Figure 9.5860(2)(a)2.a. Transition Standards Option 2 Sloped Setback).
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b. For new buildings or building additions within 25 feet of R-1, S-C/R-1, or S-RN/LDR zoned property, trees growing to a mature height of at least 20 feet shall be planted at a minimum interval of 25 feet, parallel to the property line, between buildings and any property line that abuts land zoned R-1, S-C/R-1, or S-RN/LDR. In addition, one of the following shall be provided along the portion of any property line that abuts or is directly across a public alley from land zoned R-1, S-C/R-1, or S-RN/LDR:
(1) A 6-foot high, 100 percent sight-obscuring wooden fence or masonry wall.
(2) A 6-foot high metal fence with high shrubs planted every 6 feet. Chain link or cyclone fences are not allowed. For the purpose of this subparagraph, high shrubs must be:
(a) Selected from the City of Eugene Plant Materials list approved by administrative order of the city manager;
(b) Designated in the City of Eugene Plant Materials list as meeting the high shrub requirement; and
(c) In at least 5-gallon containers at the time of planting.
3. Option 3. A minimum 25-foot setback shall be provided between a new building or building addition and the portion of any property line that abuts land zoned R-1, S-C/R-1, or S-RN/LDR. The 25-foot setback area may be used for open space, vehicle use area, pedestrian circulation, bicycle parking, stormwater quality facilities, or landscaping.
(b) Allowed Intrusions Into Setbacks. In lieu of the permitted setback intrusions provided at EC 9.6745(3) the following intrusions are allowed within the interior yard setback area described in EC 9.5860(2)(a)2 through 3:
1. Eaves and chimneys may intrude a maximum of 2 feet into the vertical plane of the interior yard sloped setback area. No other intrusions are allowed into the vertical plane of the setback.
2. Dormers may intrude into the sloped portion of the interior yard sloped setback area provided each dormer is no more than 12 feet wide and the total width of all dormers on a given wall does not exceed 50 percent of the linear length of the building wall.
3. Architectural screens or arbors serving an upper floor balcony may protrude a maximum of 6 feet into the sloped portion of the interior yard sloped setback area.
(c) Outdoor Spaces Located Above the Ground Floor. Balconies, decks and other outdoor spaces located above the ground floor shall be set back at least 20 feet from any property line that abuts land zoned R-1, S-C/R-1, or S-RN/LDR.
(d) Tree Exception. An exception to the tree planting required by subsection (2)(a)2.b of this section is allowed if the applicant provides a signed and notarized letter from the abutting property owner stating that the abutting property owner does not desire the trees required by this section. This exception does not apply to trees required by other applicable standards. Future development proposals subject to the standards in this section will need to obtain a separate exception from the tree planting requirements of this section.