HomeMy WebLinkAboutOrdinance No. 20533
COUNCIL ORDINANCENO. 20533
COUNCIL BILL 5118
AN ORDINANCE CONCERNING DEER FENCING; AMENDING
SECTIONS 9.2750 AND 9.2751 OF THE EUGENE CODE, 1971;
AND PROVIDING FOR AN EFFECTIVE DATE.
ADOPTED:June 23, 2014
SIGNED:June 24, 2014
PASSED:8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE:
pursuant to Section 32 of the Eugene Charter 2002, or
on the date of its acknowledgement as provided in ORS 197.625,
whichever is later.
ORDINANCE NO. 20533
AN ORDINANCE CONCERNING DEER FENCING; AMENDING SECTIONS
9.2750 AND 9.2751 OF THE EUGENE CODE, 1971;AND PROVIDING FOR
AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The development standard for “Fences” in Table 9.2750 of Section 9.2750 of
the Eugene Code, 1971, is amended to provide as follows:
9.2750Residential Zone Development Standards.
In addition to applicable provisions
contained elsewhere in this code, the development standards listed in this section
and in EC 9.2751 to EC 9.2777 shall apply to all development in residential zones.
In cases of conflicts, standards specifically applicable in the residential zone shall
apply.
The following Table 9.2750 sets forth the residential zone development standards,
subject to the special development standards in EC 9.2751.
Table 9.2750 Residential Zone Development Standards
(See EC 9.2751 Special Development Standards for Table 9.2750.)
R-1R-1.5R-2R-3R-4
Fences (14)
(Maximum Height Within 6 feet42 inches6 feet6 feet6 feet
Interior Yard Setbacks)
(Maximum Height within Front 42 inches42 inches42 inches42 inches42 inches
Yard Setbacks)
Deer FencingSee EC --------
9.2751(14)
(c)
Section 2.
Subsection (14) of Section 9.2751 of the Eugene Code, 1971, is amended to
provide as follows:
9.2751Special Development Standards for Table 9.2750.
(14)Fences.
(a)Types. The type of fence (including walls or screens) used is subject to
specific requirements stated in the landscape standards beginning at
EC 9.6200 Purpose of Landscape Standards. The standards apply to
walls, fences, and screens of all types including open, solid, wood,
metal, wire, masonry or other material. Use of barbed wire and electric
fencing is regulated in EC 6.010(d) Fences.
(b)Location and Heights.
1.Except as provided in subsection (c) below, fences up to 42
inches in height are permitted within the required front yard
Ordinance -Page 1of 3
setback.For corner lots or double frontage lots, a fence between
42 inches and 6 feet in height is permitted within one of the two
front yard setbacks, so long as for corner lots, this fence cannot
extend past a line created by an extension of the front wall of the
(See Figure 9.2751(14)(b)1.)
dwelling.
2.Except as provided in subsection (c) below,fences up to 6 feet in
height are permitted within the required interior yard setback.
3.The height of fences that are not located within the required
setback areas is the same as the regular height limits of the zone.
4.Fences must meet the standards in EC 9.6780 Vision Clearance
Area.
(c) Deer Fencing. The following standards apply in the R-1 zone to fencing
in the front and interior yards that is intended to protect property from
damage by deer and/or other animals. The purpose of these standards
is to allow for increased opportunities for urban agriculture in otherwise
under-utilized front and interior yards whileencouraging compatibility
with a low-density residential environment.
1.Deer fencing up to a maximum height of 8 feet above grade is
permitted in the front and interior yard setbacks.
2.Deer fencing may extend above any fence that meets allowable
fence heights per subsection (b) of this section if the portion above
allowable height provides a clear view through the fence. For the
purposes of this subsection, a clear view fence shall be
unobstructed to both light and air and shall have a minimum open
area between wire strands of 8 square inches with a minimum of 2
inches in any one dimension. In addition, no horizontal
component (such as wood or metal), other than tension wire, may
be used as part of a deer fence.
3.Permitted deer fencing materials include wire fencing (such as
field fence, hog or cattle panels) and wire strand with a maximum
diameter of ¼ inch that is open and visible through the material.
Chain link and polypropylene or plastic fencing materials are
prohibited as a deer fencing material.
4.Vertical posts must be a minimum of 3.5 feet apart and each post
shall be no more than 8 inches in any one dimension.
5.Deer fencing shall be installed and maintained in a manner that
prevents sagging.
Section 3.
Thefindings set forth in Exhibit Aattached to this Ordinance are adopted as
findings in support of this Ordinance.
Section 4.
The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in
other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed
herein.
Ordinance -Page 2of 3
Exhibit A
Findings
Deer Fencing Code Amendment (CA 14-1)
Eugene Code Section 9.8065 requires that the proposed ordinance comply with the following approval criteria
(in bold and italics):
(1) The amendment is consistent with applicable statewide planning goals adopted by the Land
Conservation and Development Commission.
Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens
to be involved in all phases of the planning process.
The City has acknowledged provisions for citizen involvement which insure the opportunity for citizens to be
involved in all phases of the planning process and set out requirements for such involvement. The proposed
action does not amend the citizen involvement provisions. The process for adopting these amendments
complies with Goal 1 because it is consistent with, and will not change the City’s existing and acknowledged
citizen involvement provisions.
The Planning Commission public hearing on the amendments was duly noticed. Notice of the public hearing was
also published in the Register Guard. The City Council then held a duly noticed public hearing to consider
approval, modification, or denial of the amendments. These processes afford ample opportunity for citizen
involvement consistent with Goal 1. Therefore, the amendments are consistent with Statewide Planning Goal 1.
Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all
decisions and actions related to use of land and to assure an adequate factual basis for such decisions and
actions.
The City’s acknowledged land use code specifies the procedures and criteria to be used for decisions and actions
related to land use applications. The amendments do not change the planning process, policy framework or
information relied on in making decisions and actions related to land use applications. The record also shows
that there is an adequate factual base for the amendments. There are no Goal 2 Exceptions required for the
amendments. Therefore, the amendments are consistent with Statewide Planning Goal 2.
Goal 3 - Agricultural Lands. To preserve agricultural lands.
The amendments do not affect any land designated for agricultural use. Therefore, Statewide Planning Goal 3
does not apply.
Goal 4 - Forest Lands. To conserve forest lands.
The amendments do not affect any land designated for forest use. Therefore, Statewide Planning Goal 4 does
not apply.
Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect
natural and scenic resources.
OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA
unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource
only if:
Findings - 1
Exhibit A
(a)The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation
adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5;
(b)The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site
on an acknowledged resource list; or
(c)The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a
resource site, or the impact areas of such a site, is included in the amended UGB area.
The amendments do not create or amend the City’s adopted inventory of Goal 5 resources, and does not amend
any code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements
of Goal 5. The amendments do not allow new uses that could be conflicting uses with a significant Goal 5
resource site and does not amend the acknowledged UGB. Therefore, the amendments are consistent with
Statewide Planning Goal 5.
Goal 6 - Air, Water and land Resource Quality. To maintain and improve the quality of the air, water and land
resources of the state.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and
land from impacts from those discharges. The amendments do not affect the City’s protections for clean air,
water or land resources. Therefore, Statewide Planning Goal 6 does not apply.
Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters and
hazards.
Goal 7 requires that local government planning programs include provisions to protect people and property
from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires. The
Goal prohibits a development in natural hazard areas without appropriate safeguards. The amendments do not
alter or affect the City’s existing restrictions and approval criteria regarding development in areas subject to
natural disasters and hazards. Therefore, Statewide Planning Goal 7 does not apply.
Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors, and where
appropriate, to provide for the siting of necessary recreational facilities including destination resorts.
Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned with the
provision of those facilities in non-urban areas of the state. The amendments do not alter or affect the City’s
provisions for recreation areas, facilities or recreational opportunities. Therefore, Statewide Planning Goal 8
does not apply.
Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a variety of
economic activities vital to the health, welfare, and prosperity of Oregon’s citizens.
The Administrative Rule for Statewide Planning Goal 9 (OAR 660, Division 9) requires cities to evaluate the
supply and demand of commercial land relative to community economic objectives. The Eugene Commercial
Land Study (October 1992) was adopted by the City of Eugene as a refinement of the Metro Plan, and complies
with the requirements of Goal 9 and its Administrative Rule. The amendments do not affect the amount of land
designated or zoned for commercial use and will have no direct impact on the existing supply of or any existing
commercially designated land. Therefore, Goal 9 does not apply to the amendments.
Goal 10 - Housing. To provide for the housing needs of citizens of the state.
Findings - 2
Exhibit A
Goal 10 requires that communities plan for and maintain an inventory of buildable residential land for needed
housing units. The amendments do not impact the supply or availability of residential lands included in the
City’s documented supply of “buildable land” that is available for residential development as inventoried in the
acknowledged 1999 Residential Lands Study. Therefore, Goal 10 does not apply to the amendments.
Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public
facilities and services to serve as a framework for urban and rural development.
The amendments do not affect the City’s provision of public facilities and services. Therefore, Statewide
Planning Goal 11 does not apply.
Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system.
Goal 12 is implemented through the Transportation Planning Rule (TPR, OAR 660-12). TransPlan provides the
regional policy framework through which the TPR is enacted at the local level. The amendments will not
significantly affect any transportation facility. The level of development currently permitted through existing
code and zoning regulations will remain the same. No change in the functional classification of streets will result
from the amendments. In addition, no changes are proposed to the standards that implement the functional
classification system. Therefore, the amendments are consistent with Statewide Planning Goal 12.
Goal 13 - Energy Conservation. To conserve energy.
The amendments do not affect any of the City’s energy conservation measures or programs. Therefore,
Statewide Planning Goal 13 does not apply.
Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use.
The amendments do not affect the City’s provisions regarding the transition of land from rural to urban uses.
Therefore, Statewide Planning Goal 14 does not apply.
Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, scenic, historical,
agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River
Greenway.
The amendments do not include any changes that affect the regulation of areas within the adopted Willamette
River Greenway boundaries. Therefore, Statewide Planning Goal 15 does not apply.
Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources.
The amendments do not include any changes related to coastal, ocean, estuarine, or beach and dune resources.
Therefore, these goals are not relevant and the amendments will not affect compliance with Statewide Planning
Goals 16 through 19.
(2) The amendment is consistent with applicable provisions of the Metro Plan and applicable adopted
refinement plans.
The amendments do not include any change in adopted land use designations or policy, nor does it change any
requirements in the City’s land use code concerning compliance with the Metro Plan and applicable refinement
plans. There are no policies or other applicable provisions in the Metro Plan or adopted refinement plans that
Findings - 3
Exhibit A
specifically serve as mandatory approval criteria in this instance or otherwise limit the expiration period for
approved land use applications. Therefore, the amendments comply with the above criterion.
(3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone, in the
case of establishment of a special area zone.
The amendments do not establish a special area zone. Therefore, this criterion does not apply.
Findings - 4