Item 5: Ordinance on Chapter 9 - Laserfiche WebLink

Home Browse Search

Section 12 . Subsection (8) of Section 9.8090 of the Eugene Code, 1971, is amended to provide as follows: 9.8090 Conditional Use Permit Approval Criteria – General . A conditional use permit shall be granted only if the proposal conforms to all of the following criteria: (8) The proposal complies with all applicable standards, including but not limited to: (a) EC 9.2000 through 9.3915 regarding lot dimensions, solar standards, and density requirements for the subject zone; (b) EC 9.6500 through EC 9.6505 Public Improvement Standards; (c) EC 9.6735 Public Access Required. (cd) EC 9.6791 through 9.6797 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance; and (de) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and other Public Ways; (ef) Where the proposal is to establish non-residential uses subject to residential density requirements on development sites in the residential zone category, it shall achieve the minimum and maximum density requirements in accordance with Table 9.2750 Residential Zone Development Standards, unless specifically exempted elsewhere in this code or granted a modification through an approved conditional use permit. For purposes of calculating “net density,” the acreage of land considered shall include the entire development site and exclude public property, such as public streets, parks, and other public facilities. In considering whether to grant a modification to the density requirements, the hearings official shall evaluate the following factors: 1. The availability of the development site for residential use on August 1, 2001. The term “availability” in this section shall include consideration of whether the site was already developed with non- residential uses or had other site constraints impacting its suitability for residential use. 2. The necessity of the development site to be developed with residential uses to be able to achieve the minimum residential density for the area designated on the Metro Plan Land Use Diagram for either medium- or high-density residential use. 3. Adopted plan policies indicate the suitability and appropriateness of the site for non-residential use. An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard. Additional criteria may also be required based on the applicability of other sections of this land use code. Ordinance - Page 10 of 15