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Section 8. Section 9.6775 of the Eugene Code, 1971, is amended to provide as follows: <br />9.6775 Underaround Utilities. <br />(1) Exemptions from Underground Utility Standards. The following are <br />exempt from the undergrounding requirement of this section: <br />(a) Temporary uses on a development site. <br />(b) New utility connections to structures or buildings with legally established <br />above ground utility service. <br />(c) Secondary dwellings that can be served from an existing legally <br />established above ground utility service to the primary dwelling on the <br />development site. <br />(d) Dwellings on alley access lots that can be served from an existing above <br />ground utility -owned structure. <br />(2) Underground Utility Standards. All new on-site utilities shall be placed <br />underground if there is a utility -owned structure immediately adjacent to the <br />development site, unless adjusted pursuant to the provisions of EC 9.8030(5). <br />This requirement is satisfied if the applicant verifies in writing that utilities will <br />be placed underground concurrent with planned future development to occur <br />within 12 months. Exceptions shall be made for such features as padmounted <br />transformers, switch cabinets, back flow prevention devices and closures <br />needed to safely operate and maintain utility systems. <br />Section 9. Subsections (34) and (35) of Section 9.8030 of the Eugene Code, 1971, are <br />added, to provide as follows: <br />9.8030 Adjustment Review - Approval Criteria. The planning director shall approve, <br />conditionally approve, or deny an adjustment review application. Approval or <br />conditional approval shall be based on compliance with the following applicable <br />criteria. <br />(34) Secondary Dwellings. Where this land use code provides that the standards <br />for secondary dwellings may be adjusted, the standards may be adjusted <br />upon demonstration by the applicant that the applicable corresponding criteria <br />are met. <br />(a) Temporary Leave. A property owner may exceed the temporary leave <br />provisions by one additional consecutive year if the property owner <br />submits proof of temporary leave status from the property owner's <br />employer, educational facility, volunteer organization or medical <br />provider. <br />(b) Conversion of Existing Building. A legally established building existing <br />as of [effective date of ordinance] may be converted to a <br />secondary dwelling if it complies with all of the following: <br />1. The existing structure satisfies all secondary dwelling standards <br />except the applicable sloped setback under Building <br />Height/interior Setback at EC 9.2571(17)(x)3. or EC <br />9.2751(17)(b)5. <br />2. The secondary dwelling is limited to 600 square feet in total <br />building square footage, and 15 feet in height. <br />Ordinance - Page 18 of 20 <br />