Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)

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1“Possesses distinctive buildings or natural features that require special 2consideration to ensure appropriate development, preservation, or 3rehabilitation. In order to be considered distinctive, it must be demonstrated 4that: 5“1. The area is characterized by buildings that merit preservation in order 6to protect their special features; or 7“2.The area contains natural features that have been identified by the city 8as worthy of special treatment or preservation.” 9 The city responds that there is no reason why the city cannot draw the distinctions 10that are drawn in Ordinance 20418 and regulate building heights differently within the R-3 11and R-4 zones in the designated 16-block area and regulate required off-street parking 12differently in the two university neighborhoods.The city goes on to argue that not only is 13there no legal prohibition against making such regulatory distinctions within a base zone and 14within the generally applicable parking standards at EC Table 9.6410, the standards for 15creation of a Special Area Zone make it clear that the desired regulatory distinctions could 16not be accomplished via a Special Area Zone. That regulatory distinction has nothing to do 17with “buildings that merit preservation” or “natural features that [are] worthy of special 18treatment or preservation,” as is required under EC 9.3020(1)(b). 19 We agree with the city. The first assignment of error is denied. SECOND ASSIGNMENT OF ERROR 20 21 ORS 227.186(2) requires that legislative acts relating to zoning be adopted by 6 22ordinance. EC 9.1050 requires that the boundaries of any zone must be shown on the 7 23official zoning map. The new multiple family off-street parking standards apply only in the 6 ORS 227.186(2) provides: “All legislative acts relating to comprehensive plans, land use planning or zoning adopted by a city shall be by ordinance.” 7 EC 9.1050 provides in part: Page 13