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The planning director shall approve, conditionally approve, or deny an adjustment review application. Approval or conditional approval shall be based on compliance with the following applicable criteria.

(1) Lot Standards Adjustment. Where this land use code provides that the lot standards may be adjusted, the standards may be adjusted upon finding that the proposed lot dimensions are consistent with the purpose of the applicable zone and suitable for the area.

(2) Setback Standards Adjustment. Where this land use code provides that the setback standards applicable to specific zones may be adjusted, the standards may be adjusted upon finding that the proposed setback is consistent with the following applicable criteria:

(a) Minimum and Maximum Front Yard Setback Adjustment. The minimum or maximum required front yard setback may be adjusted if the proposal achieves all of the following:

1. Contributes to the continuity of building facades along the street.

2. Creates an attractive pedestrian environment along all adjacent streets

3. Is compatible with adjacent development.

Maximum front yard setbacks may be adjusted without any requirement for pedestrian amenities if the location of the front yard is unsafe or intrinsically unsuitable for pedestrians or to protect disruption to significant natural resources.

(b) Minimum Setbacks for Park Improvements in PRO Zone. The minimum required special setbacks for park improvements may be adjusted upon a finding that the proposal achieves all of the following:

1. Consistent with EC 9.2600 Purpose of PRO Park, Recreation and Open Space Zone.

2. Is compatible with adjacent development.

(c) Minimum Setbacks for Drive-Through Facility Service Areas and Stacking Lanes. Standards establishing a minimum setback for service areas and stacking lanes may be adjusted upon a finding that the proposal achieves all of the following:

1. Is compatible with adjacent development.

2. Creates an attractive pedestrian environment along all adjacent streets.

3. Where necessary, provides visual separation between adjacent development.

(d) Outdoor Merchandise Display in C-2. The limitation on outdoor merchandise display in EC 9.2170(8)(b)(2) may be adjusted upon a finding that the proposed adjustment is consistent with the intent set out in EC 9.2170(1).

(3) Landscape Standards Adjustment. Where this land use code provides that the landscape standards may be adjusted, the standards may be adjusted upon finding that the proposed landscape is consistent with the following applicable criteria:

(a) General Landscape Standards. Standards establishing a minimum percent of landscape area on the development site, may be adjusted upon a finding that the proposal achieves all of the following:

1. Where necessary, provides visual separation between adjacent development.

2. Provides clearly defined entries and pedestrian pathways.

3. Enhances and softens structural elements.

4. Breaks up large expanses of parking.

5. Protects and enhances the value of adjacent or on-site natural areas.

6. In the case of multiple-unit developments, buffers dwellings from views that are unattractive and creates areas for outdoor privacy for residents.

(b) Basic Landscape Standard (L-1). The standards of EC 9.6210(1) may be adjusted if the proposal enhances a development site by providing attractive, open landscaped areas where distance is the primary means of separating different uses or developments.

(c) Low Screen Landscape Standard (L-2). The standards of EC 9.6210(2) may be adjusted if the proposal achieves at least one of the following:

1. A landscape treatment that uses a combination of distance and low-level screening (minimum 30 inches, maximum of 42 inches) to separate uses or development and the screening is adequate to soften the impact of the use or development.

2. In those instances where visibility between areas is more important than a total visual screen, the alternative landscape treatment is appropriate for the site.

(d) High Screen Landscape Standard (L-3). The standards of EC 9.6210(3) may be adjusted if the proposal uses landscape screening to provide a physical and visual separation between uses or development.

(e) High Wall Landscape Standard (L-4). The standards of EC 9.6210(4) may be adjusted if the proposal continues to provide extensive screening of both visual and noise impacts to protect adjacent users.

(f) Partial Screen Fence Landscape Standard (L-5). The standards of EC 9.6210(5) may be adjusted where the proposal achieves at least one of the following:

1. A moderate level of screening, adequate to soften the impact of the use or development.

2. In those instances where visibility between areas is more important than a total visual screen, the alternate landscape treatment is appropriate for the site.

(g) Full Screen Fence Landscape Standard (L-6). The standards of EC 9.6210(6) may be adjusted if both of the following are achieved:

1. The proposal provides a tall, complete visual separation to protect abutting uses.

2. Living plant landscaping is not practical for the site.

(h) Massed Landscape Standard (L-7). Adjustments may be made to the standards of EC 9.6210(7) if the proposal provides a landscape treatment appropriate for interior yards of large development sites adjacent to arterial and collector streets or to non-residential uses adjacent to residential development as the case may be.

(4) Building Orientation and Entrance Standards Adjustment. Where this land use code provides that building orientation and entrance standards may be adjusted, the standards may be adjusted upon finding that the proposal complies with one of the following:

(a) Promotes compatibility with adjacent property.

(b) Creates building orientations and entrances that achieve all of the following:

1. Support and augment the building setback, massing and architectural details.

2. Achieve an attractive streetscape with a strong building presence on existing and future streets.

3. In the case of multiple-unit developments, provides socialization benefits to residents.

(5) Underground Utilities Standard Adjustment. Where this land use code provides that the underground utility standard may be adjusted, the standards may be adjusted upon finding that one or more of the following exist:

(a) Underground utility placement would be unreasonably onerous to the applicant.

(b) Underground utility placement would be disruptive to significant natural resources.

(6) Large Commercial Facilities Standards Adjustment. Where this land use code provides that the large commercial facilities standards may be adjusted, the standards may be adjusted upon finding that the design contributes to one or more of the following:

(a) Improving the appearance and function of large commercial facilities.

(b) Encouraging efficient use of land resources and urban services.

(c) Encouraging mixed use.

(d) Supporting transportation options.

(e) Promoting detailed, human-scale site and building design.

(7) Large Multi-tenant Commercial Facilities Standards Adjustment. Where this land use code provides that the large multi-tenant commercial facilities standards may be adjusted, the standards may be adjusted upon finding that the design achieves all of the following:

(a) Provides for pedestrian safety, comfort and convenience.

(b) Produces visual clarity of circulation paths and building entrances for the pedestrian.

(8) Multiple-Unit Standards Adjustment. Where this land use code provides that the multiple-unit standards may be adjusted, the standards may be adjusted upon finding that the design achieves all of the following:

(a) Maximum Building Dimension. The requirements set forth in EC 9.5500(6)(a) may be adjusted if the proposal creates building massing and/or facades that:

1. Create a vibrant street facade with visual detail.

2. Provide multiple entrances to building or yards.

(b) Building Articulation. The requirements set forth in EC 9.5500(7) may be adjusted if the proposed building design:

1. Utilizes architectural masses, features or details to distinguish elements of the building.

2. Defines entryways in appropriate scales.

(c) Open Space. The requirements set forth in EC 9.5500(9), except for the amount of open space required per Table 9.5500(9) Open Space Requirements, may be adjusted if the applicant demonstrates consistency with all of the following:

1. The requested adjustment will allow the project to achieve an equivalent or higher quality design of open space than would result from strict adherence to the standards through:

a. Enhanced public and private spaces that contribute positively to the site, streetscape, and adjoining properties. Design elements for this purpose may include high quality materials, outdoor seating, enhanced pedestrian space, pedestrian-scaled lighting, canopy trees and other landscape materials and other user amenities; and

b. An overall site design that promotes safety, security and privacy, and reduces visual, noise, and lighting impacts of development on adjacent properties.

2. When abutting property is zoned R-1 Low-Density Residential, the design provides an appropriate combination of setbacks, landscaping and screening to buffer between the multiple-unit development and the adjacent Low-Density Residential zone.

(d) Block Requirement. The requirements set forth in EC 9.5500(10) may be adjusted if the proposal achieves at least one of the following:

1. Provides an equivalent or greater degree of vehicular and pedestrian circulation.

2. Traditional block patterns that reduce the apparent scale of large developments by breaking the site up into smaller land units. (See also EC 9.6810 Block Length.)

(e) Site Access and Internal Circulation. The requirements set forth in EC 9.5500(11) may be adjusted in accordance with the criteria in this subsection. In the case of an adjustment, all of the following standards apply:

1. Sidewalks may be designed as curbside walks only along those portions of the private streets providing parallel on-street parking.

2. Street trees may be placed in tree wells or adjacent to the sidewalk.

(f) Vehicle Parking. The requirements set forth in EC 9.5500(12) may be adjusted if the proposal achieves to the same degree as would strict compliance with the standards all of the following:

1. Limitations on the use of continuous parking drives in large-scale multiple-unit developments.

2. Limitations on the size of individual parking lots in multiple-unit development.

3. Minimal negative aspects of parking uses in multiple-unit developments.

Where cost considerations preclude parking beneath or within residential buildings, combinations of partial and interrupted parking drives; on-street parking; and small, dispersed parking courts are an acceptable alternative.

(9) Bicycle Parking Standards Adjustment. Where this land use code provides that the bicycle parking standards may be adjusted, the standards may be adjusted upon finding that the design achieves all of the following:

(a) Consistency with EC 9.6100 Purpose of Bicycle Parking Standards; and

(b) Shared bicycle parking remains convenient and clearly visible for users.

In cases where the standard for required bicycle parking for a development site would require in excess of over 1,500 bicycle spaces, the applicant may also seek an adjustment by submitting for city review a Bicycle Management Program. The Bicycle Management Program shall address how the applicant will encourage bicycle use and the rationale for requesting an adjustment. City approval of the Bicycle Management Program shall constitute the granting of an adjustment.

(10) Motor Vehicle Parking and Loading Standards Adjustment. Where this land use code provides that the motor vehicle parking standards may be adjusted, the standards may be adjusted upon finding the applicable corresponding criteria are met.

(a) Maximum Number of Off-Street Parking Spaces. Except within a /TD Overlay Zone, an adjustment that approves installation up to 120 percent of the maximum spaces permitted by EC 9.6410(2), Maximum Number of Off-Street Motor Vehicle Parking Spaces, may be allowed, if all of the following criteria are met:

1. Additional parking is necessary to meet the parking demand for a specific use as demonstrated by a parking- traffic study prepared by a traffic engineer.

2. At least 60 percent of the parking lot is allocated and striped for compact cars; or the tree canopy coverage of all surface area parking, as calculated at EC 9.6420(4)(d)3. is equal to or greater than 50% and meets the requirements of EC 9.6420(4)(d)3.

3. A proposed Transportation Demand Management (TDM) Program has been approved by the city that contains strategies for reducing vehicle use and parking demand generated by the development and establishes benchmarks by which the program’s effectiveness will be measured annually.

(b) Loading and Drive-Through Design Standards. Adjustments may be made to the standards of EC 9.6415 based on the following.

1. The minimum depth required in EC 9.6415(1) for a specially designed area may be adjusted upon a determination that a lesser minimum is adequate to prevent the extension of the line-up of automobiles into the public right-of-way.

2. An adjustment may be granted to the loading and service drive off-street maneuvering space requirement of EC 9.6415(3) for property located on a local street where existing or projected traffic volumes do not exceed daily traffic counts of 750 vehicles.

(c) Parking Area Standards. Adjustments may be made to the landscape standards of EC 9.6420(3) upon finding that the proposed landscape is consistent with the following applicable criteria:

1. Provides visual separation, as needed, between adjacent development.

2. Provides clearly defined parking area entrances and on-site pedestrian circulation.

3. Enhances and softens the appearance of parking structures.

4. Breaks up large expanses of parking.

5. Protects or mitigates the loss of significant trees or other natural features on or adjacent to the development.

(d) Special Event Permanent Parking Facilities. The standards of EC 9.6435 for permanent parking facilities for special events may be adjusted provided the proposal results in the development of attractive, safe, and efficient special event parking areas.

(11) Vision Clearance Area – Approval Criteria for Adjustment Review. The vision clearance standards of EC 9.6780 may be adjusted if it is determined that no feasible alternative to the intersection to address vision clearance is available, and any of the following conditions exist:

(a) Traffic can safely approach and enter the intersection or street given existing traffic control devices or other physical conditions of the area.

(b) Topographic conditions are so extreme or structures exist such that it is not practical to provide required vision clearance.

(c) Additional traffic control structures or facilities may be required to provide for adequate public safety.

(12) Intersections of Streets and Alleys Standards Adjustment. The minimum offset intersection requirements set forth in EC 9.6830 may be adjusted if the proposed adjustment is necessary and is designed so that no offset dangerous to the traveling public is created as a result of staggering of intersections. An offset necessary to assure safety and efficiency based on traffic engineering principles shall be required. Upon submittal by a traffic engineer and approval by the city of a study that demonstrates the safety and efficiency of an intersection offset of a lesser distance, the minimum intersection offsets of 100 feet on a local street, 200 feet on a collector street, and 400 feet on an arterial street may be adjusted. Offsets shall be measured from the center lines of the two intersecting streets.

(13) Tree Preservation and Removal Standards Adjustment. The minimum tree preservation requirement and maximum mitigation allowance of EC 9.6885(2) may be adjusted if one of the conditions listed in subparagraph (a) below applies and the proposed design complies with the criteria in subparagraph (b):

(a) Conditions. To qualify for an adjustment, one of the following conditions must apply:

1. Strict compliance with tree preservation and removal standards is not feasible due to other requirements of this code or existing site constraints such as topography or other natural features; or

2. An adjustment to the minimum tree preservation and/or mitigation requirement is necessary in order to achieve a net density greater than 75 percent of the maximum net density for the applicable zone; or

3. The existing trees required to meet the minimum preservation requirement are unlikely to survive the level and type of anticipated development due to susceptibility to windthrow or other natural causes of failure.

(b) Criteria. To qualify for an adjustment, the proposed design must meet the following criteria:

1. The proposed reduction in the minimum tree preservation requirement or increase in mitigation allowance is necessary to accommodate a reasonable level of development.

2. In no case shall the minimum tree preservation requirement be reduced below 30% for areas at or above 900 feet elevation and areas within the Willamette River Greenway Tree Preservation Zone 1, as depicted in Exhibit B-1 to Ordinance No. 20693.

3. Except for areas at or above 900 feet elevation and areas within Willamette River Greenway Tree Preservation Zone 1 as depicted in Exhibit B-1 to Ordinance No. 20693, proposals may mitigate up to 100% of the minimum tree preservation requirement if the following requirements are met:

a. For proposed subdivisions, new trees must be planted so 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.

b. For all other developments, the proposed design must provide one tree per dwelling unit.

4. For areas at or above 900 feet elevation, and areas within Willamette River Greenway Tree Preservation Zone 1 as depicted in Exhibit B-1 to Ordinance No. 20693, mitigation is limited to 10% of the minimum preservation requirement.

5. For areas within Willamette River Greenway Tree Preservation Zone 2 as depicted in Exhibit B-1 to Ordinance No. 20693, mitigation is limited to 20% of the minimum preservation requirement.

6. New trees planted to meet mitigation requirements are subject to the requirements at EC 9.6885(2)(e)2.d. Installation and Maintenance.

7. Trees planted to meet applicable landscape standards may be counted toward mitigation requirements.

8. Except as provided in EC 9.8030(13)(b)(9), existing trees that are located on the development site may be designated for preservation and counted toward mitigation requirements in lieu of planting new trees if:

a. The tree measures under 8-inches Diameter Breast Height (d.b.h.); and

b. The tree is listed in Table 9.6885(2)(e)2. Approved Species List.

9. The provisions of EC 9.8030(13)(b)(8) do not apply to portions of a development site located within the Willamette River Greenway. On portions of a development site located within the Willamette River Greenway, existing trees may be designated for preservation and counted toward mitigation requirements in lieu of planting new trees if:

a. The tree measures under 8-inches Diameter Breast Height (d.b.h.);

b. The tree is a species 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; and

c. The tree is located on the development site and within the Willamette River Greenway Boundary but outside of the Willamette River Greenway Setback. No existing trees located within the Willamette River Greenway Setback may count toward mitigation requirements.

(c) For purposes of EC 9.8030(13):

1. “Willamette River Greenway” means all lands within the adopted Willamette River Greenway Boundary established by Resolution No. 2592.

2. “Willamette River Greenway Setback” is that area identified on the Willamette River Greenway Setback Map adopted as Exhibit A-1 to Ordinance No. 20693.

(14) Overlay Zone Development Standards Adjustment. Unless a subsection of EC 9.8030 sets out adjustment review criteria for a specific overlay zone, where this land use code provides that overlay zone standards may be adjusted, the standards may be adjusted upon a finding that the adjustment of the standards will result in a development that is consistent with the purpose of the overlay.

(15) S-H Historic Zone Standards Adjustment. In addition to the allowed adjustments to standards provided elsewhere in this land use code, any standard applicable to an S-H Historic Zone may be adjusted upon finding that the proposal is consistent with the purpose of the applicable zone and is suitable for the area.

(16) Downtown Plan Area. Where this land use code provides that a development standard applicable within the Downtown Plan Area as shown on Map 9.2161(6), Downtown Plan Map, may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following:

(a) The requested adjustment will allow the project to achieve an equivalent or higher quality design than would result from strict adherence to the standards through:

1. A building orientation, massing, articulation and façade that contribute positively to the surrounding urban environment; and

2. An overall site and building design that creates a safe and attractive pedestrian environment. Design elements for this purpose may include special architectural design features, high quality materials, outdoor seating, pedestrian-scaled lighting, prominent entries facing the street, multiple openings or windows, and a significant use of clear, untinted glass.

(b) Impacts to any adjacent residentially-zoned property are minimized. Design elements for this purpose may include treatment of building massing, setbacks, screening and landscaping.

(c) For adjustments pursuant to EC 9.2170(10) only, placing utilities underground would be unreasonably onerous to the applicant.

(17) S-RN Royal Node Special Area Zone Standards Adjustment. A standard applicable within the S-RN Royal Node Subarea LDR, MDR, RMU, CMU or MSC may be adjusted upon a finding that the proposed adjustment:

(a) Is consistent with the purposes of the S-RN Royal Node Special Area Zone as set forth at EC 9.3800; and

(b) Meets the applicable adjustment criteria in another subsection of EC 9.8030, if any.

If there is no EC 9.8030 subsection that pertains to the type of standard being considered, adjustment may be permitted based solely on compliance with EC 9.8030(17)(a).

(18) S-CN Chase Node Special Area Zone Standards Adjustment. A standard applicable within the S-CN Chase Node Special Area Zone Subarea C, HDR/MU or HDR may be adjusted upon a finding that the proposed adjustment:

(a) Is consistent with the purposes of the S-CN Chase Node Special Area Zone as set forth at EC 9.3100; and

(b) Meets the applicable adjustment criteria in another subsection of EC 9.8030, if any.

If there is no EC 9.8030 subsection that pertains to the type of standard being considered, adjustment may be permitted based solely on compliance with EC 9.8030(18)(a).

(19) Improvements, Streets and Alleys.

(a) The requirement in EC 9.6505(3)(b) that all paving improvements to streets and alleys adjacent to the development include drainage, curbs and gutters, sidewalks, street trees and street lights may be adjusted to allow the site developer to improve the streets and alleys adjacent to the development site with a temporary surface, designed and constructed in accordance with the City’s adopted temporary surface permit procedures. A temporary surface may be allowed when the site developer can demonstrate that a temporary surface is adequate to serve the development site and that a temporary surface will not impede the public’s use of the right-of-way.

(b) The paving requirement at EC 9.6505(3)(b) may be adjusted if the site developer has shown that a street or alley adjacent to the development will not be impacted by the development.

(20) Public Accessways. The public accessway standards of 9.6835(1) may be adjusted if the developer has shown that pedestrian and bicyclists traveling to and from nearby residential areas, transit stops, neighborhood activity centers, and other commercial and employment and industrial areas are already being provided safe, convenient and direct access. “Nearby” means within 1/4 mile that can reasonably be expected to be used by pedestrians, and within 2 miles that can reasonably be expected to be used by bicyclists.

(21) /WR Water Resources Conservation Overlay Zone Adjustment. Where this land use code provides that a provision of the /WR Water Resources Conservation Overlay Zone may be adjusted, approval may be given only upon a finding that the proposed adjustment meets criterion (a), (b), (c) or (d) below:

(a) For any property containing a /WR conservation area due to a resource identified as a wetland, upland wildlife habitat or riparian site in the Goal 5 Water Resources Conservation Plan, an adjustment to the provisions of EC 9.4920 may be made if no previous adjustment under this section has been approved for the specific portion of the conservation area and all of the following are met:

1. More than 33 percent of the development site is occupied by the combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback;

2. The proposed reduction in the /WR conservation area will result in the combined area described above constituting at least 33 percent of the development site;

3. The parcel is not already developed with a building suitable for occupancy;

4. The area of the subject parcel is 10,000 square feet or less;

5. The portion of the development site removed from the /WR conservation area complies with EC 9.4980(2)(a)(4), (4)(b), (5)(a), (8), and (10);

6. The portion of the development site outside the /WR conservation area, including the area removed, complies with EC 9.4980(7);

7. The portion of the development site that remains in a /WR conservation setback area complies with EC 9.4980(1) through (5);

8. The reduction occurs first by reducing the area of any portion of the resource site that extends landward beyond the conservation setback. If additional reduction in the /WR conservation area is needed to reduce the combined area to 33% of the development site area, the conservation setback area described in EC 9.4920(1)(b) may be reduced the minimum necessary to meet the standard in subsection 2.; and

9. The proposed adjustment is consistent with EC 9.8030(21)(e).

(b) For property containing a /WR conservation area due to a resource identified in the Goal 5 Water Resources Conservation Plan as a Category A, B or C stream or as a Category A wetland, an adjustment to the provisions of EC 9.4920 may be made if no previous adjustment under this section has been approved for the specific portion of the conservation area and all of the following are met:

1. The proposed reduction in the conservation setback distance is no more than 20%;

2. The portion of the development site removed from the /WR conservation area complies with EC 9.4980(2)(a)(4), (4)(b), (5)(a), (8), and (10);

3. The portion of the development site outside the /WR conservation area, including the area removed, complies with EC 9.4980(7);

4. The remaining /WR conservation setback area complies with EC 9.4980(1) through (5);

5. For Category A wetland sites, reduction in the width of the /WR conservation area shall occur first in areas where the adjacent wetland is of lower quality or is more disturbed by human activities and expansion of the width of the /WR conservation area shall occur first in areas where the adjacent wetland is of higher quality or is less disturbed by human activities;

6. For riparian or upland wildlife habitat sites where a reduction in the width of the /WR conservation area is allowed, the conservation setback area may be reduced, to the extent practicable, according to the following priority order: a. Where the reduction area does not include a mapped Goal 5 resource site designated for protection in the Goal 5 Water Resources Conservation Plan, b. Where the adjacent habitat quality is lower; and

7. The proposed adjustment is consistent with EC 9.8030(21)(e).

(c) For property containing a /WR conservation area due to a resource identified in the Goal 5 Water Resources Conservation Plan as a Category A or B stream or as a Category A wetland, an adjustment to the provisions of EC 9.4920 may be made if no previous adjustment under this section has been approved for the specific portion of the conservation area and all of the following are met:

1. Conservation setback averaging is employed to maintain the same total area within the /WR conservation area within the development site that would have existed without the reduction in the conservation setback distance. Conservation setback averaging shall be accomplished by expanding the /WR conservation area in an undeveloped area of the development site in compensation for reducing it in another area of the site, such that the total area of the /WR conservation area on the development site remains constant;

2. The conservation setback distance may be reduced in one or more locations by up to 30%.

3. The portion of the development site removed from the /WR conservation area complies with EC 9.4980(2)(a)(4), (4)(b), (5)(a), (8), and (10);

4. The portion of the development site outside the /WR conservation area, including the area removed, complies with EC 9.4980(7);

5. The portion of the development site remaining in the /WR conservation area complies with EC 9.4980(2) through (5);

6. For Category A wetland sites, reduction in the width of the /WR conservation area shall occur first in areas where the adjacent wetland is of lower quality or is more disturbed by human activities and expansion of the width of the /WR conservation area shall occur first in areas where the adjacent wetland is of higher quality or is less disturbed by human activities;

7. For Category A or B streams, reduction in the width of the conservation setback area shall occur to the extent practicable, according to the following priority order:

a. Where the reduction area does not include an adjacent Goal 5 resource site designated for protection in the Goal 5 Water Resources Conservation Plan,

b. Where the adjacent habitat quality is lower,

c. Where the setback area can be expanded in compensation on the opposite bank of the stream from the reduction area if it is within the same development site. If the development site does not include the opposite bank for the stream, the expansion of the conservation setback shall occur elsewhere on the development site; and

8. The proposed adjustment is consistent with EC 9.8030(21)(e).

(d) For property containing a /WR conservation area due to a resource identified in the Goal 5 Water Resources Conservation Plan as a wetland, upland wildlife habitat or riparian site, an adjustment to the provisions of EC 9.4930 and EC 9.4980 may be approved if all of the following are met:

1. The applicant has shown that: a. The parcel is not already developed with a building suitable for occupancy; b. The strict application of the provisions of EC 9.4930 and 9.4980 would prohibit construction of a building suitable for occupancy on any portion of the parcel due to special circumstances that apply to the property, including location, shape, size, surroundings, and topography and the relationship of the characteristics to the resource site or applicable conservation area.

2. The applicant has demonstrated that the adjustments described under subsections (a), (b) and (c) above would not allow the use or uses specified under 1.;

3. The adjustment allowed is the minimum necessary to allow the use or uses specified under 1.;

4. The portion of the development site removed from the /WR conservation area complies with EC 9.4980(2)(a)(4), (4)(b), (5)(a), (8), and (10) except to the extent that a standard in one of those subsections is the subject of the adjustment application;

5. The portion of the development site outside the /WR conservation area, including the area removed, complies with EC 9.4980(7);

6. The portion of the development site that remains in a /WR conservation area complies with EC 9.4980(1) through (5); and

7. The proposed adjustment is consistent with EC 9.8030(21)(e).

(e) The applicant demonstrates that restoration or habitat enhancement activities within the remaining conservation area will result in a net increase in overall natural functions and values proportional to the requested adjustment, and will specifically result in a net increase in two or more of the following functions and values of the conservation area as applicable to the site:

1. For streams and wetlands within stream channels:

a. Effective shade of stream channel during peak solar input;

b. Species diversity, structural diversity, density, and percent cover of native riparian vegetation;

c. Bank stability due to native riparian plant roots;

d. Absence of non-native invasive plant species;

e. Effective filtering of overland stormwater flow to the stream;

f. Presence of soils and hydrology appropriate to the site and appropriate to support native plants;

g. Habitat characteristics required by any state or federally listed threatened or endangered species that have been documented on the site.

2. For wetlands not within stream channels:

a. Species diversity, density, and coverage of native vegetation within the wetland and setback area;

b. Bank stability due to native plant roots;

c. Absence of non-native invasive plant species;

d. Effective filtering of overland stormwater flow to the wetland;

e. Presence of soils and hydrology appropriate to the site and appropriate to support native plants;

f. Habitat characteristics required by any state or federally listed threatened or endangered species that have been documented on the site.

For purposes of this subsection, the demonstration of the increase in functions and values shall be based upon a comparison between the functions and values of the /WR conservation area as it existed on the date of application for an adjustment under this subsection and the functions and values of the proposed reduced /WR conservation area with proposed enhancements and restoration.

(22) Pedestrian Circulation On-site Adjustment. Where this land use code provides that on-site pedestrian circulation may be adjusted, the standards may be adjusted upon finding that, considering site constraints or practical difficulties, the proposed design provides adequate pedestrian connections:

(a) Between building entrances and streets or accesways;

(b) Between new and existing buildings on the development site, including recreation and community facilities;

(c) From proposed employment and industrial, commercial and institutional uses to adjacent parcels having similar existing or planned uses;

(d) To nearby transit stops, parks and other recreation facilities; and

(e) Between parking lots and main buildings.

(23) S-C Chambers Special Area Zone. The following standards applicable within the S-C Chambers Special Area Zone may be adjusted upon a finding that the adjustment is consistent with the criteria of subparagraphs (a) through (e). In all cases, proposed adjustments to the standard shall be the minimum necessary to implement the development proposal:

(a) Residential Building Maximum Front Yard Setback. The maximum front yard setback for residential buildings as established in EC 9.3065(3)(b)(1)(b) may be adjusted if the proposed setback adjustment is consistent with the overall front yard setback pattern of the neighborhood, particularly with existing dwellings on both sides of the front yard and within the immediate block.

(b) Interior Yard Setbacks. An adjustment may be granted to the interior yard setback requirements of EC 9.3065(3)(b)(2) if the proposed adjustment is consistent with the purpose of EC 9.3050 and is necessary for development on a constrained site. However, in no case is an interior yard setback allowed that is less than 5 feet from the interior lot line or less than 10 feet from structures on other lots.

(c) Building Height. The building height standards of EC 9.3065(3)(c)(1)(a) for residential buildings within 60 feet of the street may be increased to a height of up to 30 feet if the applicant can demonstrate that the requested adjustment meets all of the following criteria:

1. The proposed dwelling is shown to be compatible with other dwellings in the immediate vicinity, in terms of scale, mass and setbacks.

2. The additional height will not adversely impact the immediate neighbor’s privacy, considering backyard privacy, location of second story windows facing adjacent yards and dwellings, etc.

3. Constraints on the property necessitate the adjustment in height, with consideration being given to protecting existing mature trees, lot configuration, and existing structures on site.

(d) Roof Pitch. The minimum roof pitch standard of EC 9.3065(3)(d)(1) may be adjusted if the proposed adjustment conforms with prevailing neighborhood context of roof pitch and articulated roof massing. The applicant shall submit examples of other roof forms in the immediate vicinity with the adjustment application.

(e) Driveway Standards. An adjustment to the driveway width standards of EC 9.3065(3)(f) may be granted if the proposed adjustment is necessary for development on a constrained site taking into consideration unique situations such as existing structures on the lot, joint driveway access, and existing mature landscaping.

(24) Stormwater Quality, Flow Control, Oil Control and Source Control Standards Adjustment. (Adjustments under this subsection are not permitted within the /CL Clear Lake Overlay Zone.)

(a) The requirement in EC 9.6792(2)(e) and EC 9.3155(17)(c)4 that selected stormwater quality facilities shall treat all the stormwater runoff that will result from the water quality design storm may be adjusted upon a finding that the stormwater quality facility will treat as much of the runoff as possible and

(b) The requirement in EC 9.6792(2)(f) and EC 9.3155(17)(c)5 that all stormwater quality facilities be selected from and sited, designed, and constructed according to the stormwater quality provisions and the facility design requirements set forth in the Stormwater Management Manual and that stormwater quality facilities must be designed using one of the methodologies outlined in the Stormwater Management Manual may be adjusted upon finding that all of the following requirements are met:

1. The proposed alternative design will achieve equal, or superior, results for function (reducing pollution), maintainability and safety, and the proposed siting does not adversely affect structures or other properties.

2. The applicant’s written description of the proposed alternative design has been reviewed and approved by the City Engineer. The description of the proposed design submitted for review must include all of the following information for each component of the proposed alternative design:

a. Size, technical description, capacity, capital cost, design life, construction process and costs, consequences of improper construction, operation and maintenance requirements and costs;

b. Data on the effectiveness of proposed alternative technologies, if available, including data from laboratory testing and pilot/full-scale operations, and information regarding the operations of any full-scale installations;

c. Any other available information about the proposed design, including peer review articles, scientific or engineering journals, and approvals from other jurisdictions.

3. The applicant has submitted a method and schedule for monitoring the effectiveness of the proposed design once constructed, and a schedule for its maintenance.

4. The applicant has submitted a signed statement that the applicant will replace the alternative stormwater quality facility if the facility does not function as proposed.

(c) The requirement in EC 9.6793(3)(a) and EC 9.6793(3)(b) may be adjusted upon a finding that the flow control facility will control flow rates as much as possible and one of the following applies:

1. The area at issue generating runoff is less than 500 square feet of impervious surface and is isolated from the flow control facility;

2. The area at issue generating runoff is less than 500 square feet of impervious surface and it is not technically feasible to drain the untreated runoff to the flow control facility;

3. Constructing facilities to control the flow of runoff from the area at issue would require removal of trees or damage to other natural resources;

4. The area at issue generating runoff is less than 500 square feet of impervious surface and limited access to the area would prevent regular maintenance of the flow control facility.

(d) The requirements in EC 9.6793(3)(d) that all flow control facilities be selected from and sited, designed, and constructed according to the flow control provisions and the facility design requirements set forth in the Stormwater Management Manual may be adjusted upon finding that all of the following requirements are met:

1. The proposed alternative design will achieve equal, or superior, results for function (maintaining flow or restricting flow or both), maintainability and safety, and the proposed siting does not adversely affect structures or other properties;

2. The applicant’s written description of the proposed alternative design has been reviewed and approved by the City Engineer. The description of the proposed design submitted for review must include all of the following information for each component of the proposed alternative design:

a. Size, technical description, capacity, capital cost, design life, construction process and costs, consequences of improper construction, operation and maintenance requirements and costs;

b. Data on the effectiveness of proposed alternative design, if available, including data from laboratory testing and pilot/full-scale operations, and information regarding the operations of any full-scale installations;

c. Any other available information about the proposed design, including peer review articles, scientific or engineering journals, and approvals from other jurisdictions.

3. The applicant has submitted a method and schedule for monitoring the effectiveness of the proposed design once constructed, and a schedule for its maintenance;

4. The applicant has submitted a signed statement that the applicant will replace the alternative flow control facility if the facility does not function as proposed.

(e) The requirement in EC 9.6795(3) that oil control facilities be sited, designed and constructed according to the oil control provisions and the facility design requirements set forth in the Stormwater Management Manual may be adjusted if the applicant can demonstrate that the selected oil control facility will achieve the same result as those listed in the Stormwater Management Manual.

(f) The requirement in EC 9.6796(3) that source controls be sited, designed and constructed according to source control provisions set forth in the Stormwater Management Manual may be adjusted if the applicant can demonstrate that the selected source control will achieve the same result as those listed in the Stormwater Management Manual. Applicants seeking an adjustment to EC 9.6796(3) must submit a completed authorization request form adopted as part of the Stormwater Management Manual.

(25) /WQ Water Quality Overlay Zone Adjustment. In accordance with EC 9.4784, a provision of the /WQ Water Quality Overlay Zone may be adjusted only upon a finding that the proposed adjustment meets criterion (a), (b), or (c) below:

(a) Adjustment to Applicable Setback to Limit /WQ Management Area to 33% of Development Site. For any parcel greater than 6,000 square feet (not eligible for an automatic setback reduction under EC 9.4778(2)), the city shall make an adjustment to the applicable setback set out at EC 9.4778(1)(b) and (c) if no previous adjustment under this section has been approved for the specific portion of the /WQ Management Area and all of the following are met:

1. More than 33 percent of the development site, as defined in EC 9.0500, is occupied by the /WQ Management Area alone or in combination with a /WR Conservation Area;

2. The proposed reduction in the applicable setback will result in the /WQ Management Area, alone or in combination with a /WR Conservation Area constituting no less than 33 percent of the development site;

3. The new boundary of the /WQ Management Area shall be located:

a. Parallel to the original boundary (closer to the waterway); or

b. Through the application of setback averaging. Setback averaging shall be accomplished by expanding the /WQ Management Area in an undeveloped area of the development site, and reducing it in another area of the development site;

4. For either the parallel adjustment in 3.a above or the setback averaging adjustment in 3.b. above, the applicable setback is not reduced by more than 15 feet for a 25 foot setback or more than 20 feet for a 40-foot setback unless further reduction is necessary to achieve the reduction in the /WQ Management Area to 33%, and in no case shall the setback boundary be located within the waterway channel;

5. For parcels 13,500 square feet or greater, the water quality function rating when the proposed adjustment is implemented will be equal to or greater than the pre-adjustment water quality function rating for the /WQ Management Area based on the city’s Water Quality Function Rating System; and

6. Removal of all refuse, toxics, fill, unauthorized auto bodies, or similar materials located within the /WQ Management Area that are harmful to water quality or that limit the filtration of pollutants from runoff that flows across the /WQ Management Area shall be a condition of approval.

(b) Adjustment to Applicable Setback Due to Development Constraints. For a parcel containing a /WQ Management Area, an adjustment to the applicable setback provisions of EC 9.4778(1)(b) and (c) shall be made if no previous adjustment under this section has been approved for the specific portion of the /WQ Management Area, consistent with the following:

1. The adjustment is necessary due to development constraints on the lot caused by the unique physical characteristics of the lot, including but not limited to narrow lot dimensions, irregular shape, and the relationship of these characteristics to the location and extent of the /WQ Management Area;

2. The adjustment is the minimum necessary to allow the proposed use;

3. Except as provided under (b)4. below, the new setback boundary shall be located through the application of setback averaging with no overall reduction in the /WQ Management Area. Setback averaging shall be accomplished by expanding the /WQ Management Area in an undeveloped area of the development site and reducing it in another area of the development site, provided:

a. At any location, the applicable setback is not reduced by more than 15 feet for a 25-foot setback or by more than 20 feet for a 40-foot setback; and

b. The water quality function rating when the proposed adjustment is implemented will be equal to or greater than the pre-adjustment water quality function rating for the /WQ Management Area based on the city’s Water Quality Function Rating System;

4. If, after applying the provisions of (b)3. above, the parcel remains physically constrained as described in (b)1. above, then the overall /WQ Management Area may be reduced. The new setback boundary shall be located:

a. Parallel to the original boundary (closer to the waterway); or

b. Through the application of setback averaging. Setback averaging shall be accomplished by expanding the /WQ Management Area in an undeveloped area of the development site, and reducing it in another area of the development site.

c. For either the parallel adjustment in 4.a. or the setback averaging adjustment in 4.b., the applicable setback is not reduced by more than 15 feet for a 25-foot setback or by more than 20 feet for a 40-foot setback;

d. For either the parallel adjustment in 4.a. or the setback averaging adjustment in 4.b., the water quality function rating when the proposed adjustment is implemented will be at least 150% of the pre-adjustment water quality function rating for the /WQ Management Area based on the city’s Water Quality Function Rating System.

5. Removal of all refuse, toxics, fill, unauthorized auto bodies, or similar materials located within the /WQ Management Area that are harmful to water quality or that limit the filtration of pollutants from runoff that flows across the /WQ Management Area shall be a condition of approval.

(c) Adjustment to Allowed Uses and Development Standards. For property containing a /WQ Management Area, an adjustment to the provisions of EC 9.4780 or EC 9.4790 shall be made consistent with the following:

1. If the proposed adjustment is to allow a use that is otherwise prohibited under EC 9.4780(4), one of the following shall apply:

a. General Use Adjustment.

(1) The proposed use is of similar nature to a specific use listed in EC 9.4780(2) or (3);

(2) The applicant has submitted evidence through a qualified professional that the proposed use will have a water quality impact similar to the specific use identified pursuant to a.(1) above; and

(3) The applicant has shown compliance with any standards applicable to the specific use identified pursuant to a.(1), above.

b. Public Transportation System Improvements.

(1) The use or activity is:

(a) Necessary to construct a transportation facility included on a financially constrained or illustrative table in the federally approved Regional Transportation Plan; or

(b) Necessary to protect the public safety by ensuring the structural integrity of existing flood control structures; and

(2) The applicant has demonstrated that, based on the city’s Water Quality Function Rating System (see EC 9.4782), the project will result in a water quality function rating equal to or greater than previously existed.

(3) If the applicant demonstrates that it is not feasible to meet the standards described in (c)1.a.(3) above, the applicant shall, instead, make improvements to another /WQ waterway over which the applicant also has management control. The applicant shall demonstrate that, based on the city’s Water Quality Function Rating System (see EC 9.4782), such improvements will result in an increase in the water quality function rating of that waterway by an amount that is equal to or greater than the rating of the subject waterway prior to the approved adjustment.

2. If the proposed adjustment is to a development standard of EC 9.4790, the applicant has provided evidence that the proposed alternative approach for effectively addressing a specific water quality concern is equal to or greater than the standard that would be otherwise required.

(26) S-JW Jefferson Westside Special Area Zone. The following standards applicable within the S-JW Jefferson Westside Special Area Zone may be adjusted upon a finding that the adjustment is consistent with the following criteria.

(1) Driveway width. An additional two feet of width is allowed for any portion of a driveway that takes access from a street based on the following criteria:

a. The additional driveway width is necessary to avoid an unsafe condition, to comply with the requirements of EC 9.6420 (Parking Area Standards) or to provide reasonable maneuvering room around an obstacle that cannot be practicably relocated to a different location that would not create a driveway obstacle; and

b. The additional area allowed under this adjustment is the minimum necessary to accomplish the objective under (1)(a), above.

(2) Means of primary vehicle access. A dwelling considered to have its primary vehicle access from the alley, according to EC 9.3625(3)(a)(2)(b), may be considered to have its primary vehicle access from the street if the applicant demonstrates that physical conditions or code standards preclude the establishment of vehicle parking on any part of the lot that could be accessed from the alley.

(27) Driveways and Internal Circulation. The driveway requirement of EC 9.6703(3)(a) may be adjusted if the site developer demonstrates with an Alternative Traffic Safety Study that a shorter driveway stacking area will provide safe ingress and egress to the development site, will not negatively impact the efficiency of the public right-of-way, and will not result in a hazard to the bicycle, pedestrian or vehicular traffic using the right-of-way.

(28) Public Access Required. The public access requirement of 9.6735(2) may be adjusted if the site developer demonstrates any of the following:

(a) Physical conditions preclude compliance with EC 7.420. Such conditions may include, but are not limited to, topography, trees, existing buildings or other existing development on the subject property or adjacent property.

(b) The proposed adjustments to the standards will provide safe ingress and egress to the development site, will not negatively impact the efficiency of the public right-of-way, and will not result in a hazard to the bicycle, pedestrian or vehicular traffic using the right-of-way.

(c) The proposed development will not impact one or more of the existing access connections to the development site. Impact to an existing access connection includes, but is not limited to, increasing the number of vehicles, either directly or indirectly, that will utilize an existing access connection for ingress or egress to the development site.

(d) Compliance with EC 7.420(1)(c) will result in traffic patterns inconsistent with the character of the property located within a quarter mile radius of the development site or will increase the number of vehicular trips using the street with the lower classification above the typical daily trip range for that street’s classification.

(29) Street Standards Adjustment. Where this land use code provides that street standards may be adjusted, the standards may be adjusted upon a demonstration by the applicant that the requested adjustment is consistent with the following:

(a) The applicant has submitted a report prepared by an Oregon licensed civil engineer that demonstrates it is not technically or financially feasible to construct the street in accordance with adopted plans and policies, and the adopted “Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways, and Accessways.”

(b) The adjustment is necessary due to at least one of the following conditions:

1. Existing on-site or off-site geologic or topographic conditions, or existing wetlands designated for protection by the City of Eugene; or

2. Existing development on lands abutting the development site.

(30) Driveways and Parking Areas in R-3 and R-4. The standards at EC 9.2751(15)(c)(9). may be adjusted if the applicant demonstrates that any hardscaped or non-landscaped areas are separated from the driveway and associated parking area, and that vehicle access and parking is physically precluded.

(31) /ND Nodal Development Overlay Zone. Where this land use code provides that a development standard applicable within the /ND Nodal Development overlay zone may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following:

(a) The requested adjustment will allow the project to achieve an equivalent or higher quality design than would result from strict adherence to the standards through:

1. A building orientation, massing, articulation and façade that contribute positively to the surrounding urban environment; and

2. An overall site and building design that creates a safe and attractive pedestrian environment. Design elements for this purpose may include special architectural design features, high quality materials, outdoor seating, pedestrian-scaled lighting, prominent entries facing the street, multiple openings or windows, and a significant use of clear, untinted glass.

(b) Impacts to any adjacent residentially-zoned property are minimized. Design elements for this purpose may include treatment of building massing, setbacks, screening and landscaping.

(32) /TD Transit Oriented Development Overlay Zone. Where this land use code provides that a development standard applicable within the /TD Transit Oriented Development overlay zone may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following:

(a) The requested adjustment will allow the project to achieve an equivalent or higher quality design than would result from strict adherence to the standards through:

1. A building orientation, massing, articulation and façade that contribute positively to the surrounding urban environment; and

2. An overall site and building design that creates a safe and attractive pedestrian environment. Design elements for this purpose may include special architectural design features, high quality materials, outdoor seating, pedestrian-scaled lighting, prominent entries facing the street, multiple openings or windows, and a significant use of clear, untinted glass.

(b) Impacts to any adjacent residentially-zoned property are minimized. Design elements for this purpose may include treatment of building massing, setbacks, screening and landscaping.

(33) Large Employment Facilities Standards Adjustment. Where this land use code provides that the large employment facilities standards may be adjusted, the standards may be adjusted upon finding that the proposed development achieves the purpose of EC 9.2463 through alternative or innovative design solutions.

(34) Accessory Dwellings. Where this land use code provides that the standards for accessory dwellings may be adjusted, the standards may be adjusted upon demonstration by the applicant that the applicable corresponding criteria are met.

(a) Conversion of Existing Building. A legally established building existing as of August 29, 2014, may be converted to an accessory dwelling if it complies with all of the following:

1. The existing structure satisfies all accessory dwelling standards except the applicable sloped setback under Building Height/Interior Setback at EC 9.2571(17)(a)2. or EC 9.2751(17)(b)5.

2. The accessory dwelling is limited to 600 square feet in total building square footage.

3. If the existing structure is closer than 5 feet to an interior property line, there must be a 10-foot separation between the accessory dwelling and buildings on the abutting lot and the owner of the accessory dwelling must secure and record 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.

(b) Accessory Dwellings on Flag Lots. Where natural features or other physical conditions make it impracticable to comply with the driveway setback and landscape screening requirements, the following adjustments are allowed:

1. Except as provided in 2. below, the driveway setback may be reduced to no less than four feet; however, in no event shall the setback be reduced more than is necessary to enable the driveway to meet the minimum driveway width, or

2. The driveway setback may be reduced to no less than one foot, and screening requirements may be reduced or eliminated, where

a. The zoning of the adjacent property does not allow for residential uses; and

b. The impacts of the adjacent uses would not be significantly worse under the reduced setback or lessened screening.

(35) Alley Access Lots. Building Height/Interior Setback. A dwelling on an alley access lot may have maximum building height of up to 24 feet if all of the structure that would fall within the scope of the “Building Height/Sloped Setback” standard is at least 20 feet from all interior property lines and within the sloped setback.

(36) /CL Clear Lake Overlay Zone. Where EC 9.4165 provides that the development standards of the /CL Clear Lake Overlay Zone may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following:

(a) The Purpose of the zone (EC 9.4150);

(b) Development impacts will have negligible effects on school and park users, surrounding residents, and the environment, and alternative mitigation measures will be employed to offset the proposed adjustment;

(c) Development will increase access to open space and improve ecological functions of natural features on-site;

(d) Development is consistent with local and regional economic development goals (e.g., it is one of the targeted industries from the City’s Economic Opportunities Analysis or Regional Prosperity Plan (2010)).

(37) Middle Housing Standards Adjustment. Where EC 9.5550 provides that standards applicable to triplexes, fourplexes, townhouses, or cottage clusters may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following, as applicable:

(a) Entry Orientation. The requirements set forth in EC 9.5550(4)(c) and 9.5550(5)(d)1. may be adjusted if the overall proposal creates building orientations and entrances that achieve all of the following:

1. Enhances public safety for residents and visitors; and

2. Provides opportunities for community interaction; and

3. Ensures that the main entrance is visible or clearly identifiable from the street or from common open spaces by its orientation or articulation; and

4. Ensures that residents, visitors, and emergency personnel can easily find the main entrance, and so establish how to enter the residence.

(b) Garages, Off-Street Parking Areas, and Driveways for Triplexes and Fourplexes. The requirements set forth in EC 9.5550(4)(a) and (b) may be adjusted if the proposal achieves the following:

1. Supports a pedestrian-friendly street environment by minimizing the visual and safety impacts of garages, parking areas, and vehicle circulation areas.

2. Consistency with EC 9.8030(28).

(c) Townhouse Unit Features. The requirements set forth in EC 9.5550(5)(b) may be adjusted if the proposed building design utilizes architectural masses, features or details to distinguish elements of the building, such as entryways, windows, garages, and other elements.

(d) Townhouse Driveway Access and Parking. The requirements set forth in EC 9.5550(5)(c) may be adjusted if the proposal supports a pedestrian-friendly street environment by minimizing the visual and safety impacts of garages, parking areas, and vehicle circulation areas.

(e) General Standards for Cottage Clusters. The requirements set forth in EC 9.5550(6)(a) may be adjusted if the proposal overall achieves an equivalent or higher quality design by including the following:

1. Higher quality design elements, such as durable, high quality materials, architectural detail and craftsmanship, sustainable building design features, enhanced landscaping, or user amenities;

2. An enhanced sense of openness and community for residents by including elements such as abundant and highly functional common open space that is easily accessible and viewable from individual units through abundant windows and porches;

3. Amenities or design that enhance the livability, walkability, and safety of the residents and community, such as enhanced lighting features or easily accessible connectivity to neighborhood amenities;

4. Design that promotes compatibility with adjacent properties and the neighborhood through the scale of buildings and of the overall development pattern, through design elements that may include privacy screening, enhanced landscape buffers, or frontage improvements and amenities that are supportive of an active, walkable, and neighborly streetscape;

5. Enhanced design elements for cottage clusters over 8 units, such as design elements that enhance the common courtyard and open space and provide connectivity and access to shared amenities consistent with the intent of openness and community for residents. A single cottage cluster shall contain a maximum of 12 cottages;

6. An Accessory building must not exceed 600 square feet in floor area and shall comply with standards in EC 9.2751(16)

(f) Cottage Cluster Orientation Standards. The requirements set forth in EC 9.5550(6)(b) may be adjusted if the overall proposal achieves all of the following:

1. Provides a sense of community within a cottage cluster by including design features such as porches, outdoor living areas, and other features that incorporate transparency and openness to encourage passive observation and neighborly interactions, and

2. Each dwelling has pedestrian access to a common courtyard.

3. Dwellings within 20 feet of a front property line that abuts a street shall provide a pedestrian-friendly frontage that includes design features such as street facing porches, abundant windows, gateway elements, and other architectural features.

(g) Common Courtyard Design Standards. The requirements set forth in EC 9.5550(6)(c) may be adjusted if the requested adjustment will allow the project to achieve an equivalent or higher quality design of open space than would result from strict adherence to the standards through:

a. Enhanced spaces that contribute positively to the site, streetscape, and adjoining properties by including design elements such as high-quality materials, outdoor seating, enhanced pedestrian space, pedestrian-scaled lighting, canopy trees and other landscape materials and other user amenities; and

b. An overall design that promotes safety and security for residents and visitors.

(h) Community Building Standards. The requirements set forth in EC 9.5550(6)(d) may be adjusted if the community building is compatible in scale with dwellings in the cottage cluster, including, but not limited to, building height and building size.

(i) Cottage Cluster Parking Design Standards. The requirements set forth in EC 9.5550(6)(f) may be adjusted if the proposal achieves all of the following:

1. Supports a pedestrian-friendly street environment; and

2. Supports livability for cottage cluster residents by minimizing the impacts of parking areas and garages.

3. Consistency with EC 9.8030(28).

(Section 9.8030, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20267, enacted November 12, 2002, effective March 3, 2003; Ordinance No. 20271, enacted November 25, 2002, effective December 25, 2002; Ordinance No. 20275, enacted January 13, 2003, effective February 12, 2003; administratively corrected March 31, 2003; amended by Ordinance 20285, enacted March 10, 2003, effective April 9, 2003; Ordinance 20297, enacted August 11, 2003, effective September 10, 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; administratively corrected April 5, 2004; 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. 20355, enacted December 12, 2005, effective January 13, 2005; Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; Ordinance 20430, enacted March 9, 2009, effective June 10, 2009; Ordinance 20433, enacted June 8, 2009, effective July 10, 2009; Ordinance 20449, enacted December 14, 2009, effective January 16, 2010; Ordinance 20457, enacted March 8, 2010, effective April 10, 2010; Ordinance No. 20460, enacted July 12, 2010, effective August 14, 2010; Ordinance No. 20492, enacted May 14, 2012, effective June 15, 2012; Ordinance No. 20513, enacted July 8, 2013, effective August 9, 2013; Ordinance No. 20514, enacted July 22, 2013, effective August 24, 2013; Ordinance No. 20521, enacted January 13, 2014, effective March 1, 2014; Ordinance No. 20526, enacted March 12, 2014, effective April 12, 2014; Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20541, enacted July 28, 2014, effective August 29, 2014; Ordinance No. 20584, enacted July 17, 2017, effective August 24, 2017; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; Ordinance No. 20619, enacted July 22, 2019, effective August 25, 2019; 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; Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023; Ordinance No. 20693, enacted July 12, 2023, effective August 18, 2023; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023.)