Ordinance No. 20351 - Laserfiche WebLink

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to the best of his or her professional ability, and that, if applicable, the professional standards of his or her profession have been met therein. Section 17. Subsection (14) of Section 9.8030 of the Eugene Code, 1971, is amended, and a new Subsection (21) is added thereto, to provide: 9.8030 Adiustment Review - Approval Criteria. 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. (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. (21) IWR 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 Ordinance - 22