HomeMy WebLinkAboutOrdinance No. 20269
ORDINANCE NO. 20269
AN ORDINANCE CONCERNING LAND USE
REGULATIONS; AMENDING CHAPTER 9 OF THE EUGENE
CODEs 1971; ADOPTING A SEVERABI[LIT¥ CLAUSE; AND
PROVIDING AN EFFECTIVE DATE~
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The definitions of"Assisted Living," "Lot," "Manufactured Home/Manu~hctured
Dwelling," "Nursing Home," and "Parcel" set forth in Section 9.0500 of the Eugene Code, 197 l, are
amended to provide:
Definitions, As used in this land use code, unless the context requires otherwise, the
following words and phrases mean:
Assisted Care. The 24-hoar care and boarding of persons by a paid caregiver who is
not the parent or guardian of and is not related by blood, marriage, or legal adoption
to the persons served, or other support services for adult transitory individuals.
Services provided ma-y include the training or rehabilitation for physically, mentally,
or socially dependent persons requiring assisted living care. Services provided may
also include meals, housekeeping, and personal care assistance. "Assisted Care" does
not include temporary housing or other support services for adult transitory
individuals. For purposes of determining residential density, if the design of the
fhcility does not contain dwellings, as defined in this land use code, then every 1.5
beds equals 1 dwelling. Fractional dwellings shall be rounded to hhe next highest
integer, e.g., 2 beds equals 2 dwellings.
Lot, A unit of land that is created by the subdivision of land as provided for in this
land use code~ Otherwise, the words "lot" and "parcel" are used interchange£r>ly.
(Note: See also definition of "Parcel," "Legal Lot," and "Lot of Record.")
Manufactured Home/Manufactured Dwelling. A "manufactured home" is a
structure constructed for movement on the public highways that has sleeping, cooking
and plumbing facilities, that is intended for human occupancy, that is being used for
residential purposes and that was constructed in accordance with federal
manufactured housing construction and safety standards mad regulations in effect at
the time of construction. A "manufactured dwelling" includes a residential trailer, a
structure constructed ~br movement on the public highways that has sleeping, cooking
Ordinance- 1
and plumbing facilities, that is intended for human occupancy, that is being used ~%r
residential purposes and was constructed before January 1, 1962, a mobile home
meeting the above requirements that was constructed between January 1, 1962 and
June 15, 1976 and met the construction requirements of Oregon mobile home law in
effect at the time of construction, and a manufactured home meeting ~he above
requiremems. "Manufactured dwelling" does not mean any building or structure
constructed to conform to the State of Oregon Structural Specialty Code or the One
and Two Family Dwelling Code adopted pursuant to ORS 455.100 to 455.450 and
455~610 ro 455.630 or any unk identified as a recreational vehicle by the
manufacturer. A manufactured home accessory building or structure includes:
(A) Any portable, demountable or permanent structure established for use of the
occupant of the manufactured structure and as further defined by rule of the
Director of the State Department of Consumer and Business Services.
Nursing Home. A residence, institution, or other place other than a hospital or
assisted care facility that operates and maintains facilities providing 24-hour
convalescent or chronic care, or both, for 2 or more ill or infirm patients not related to
the nursing home administrator or owner by blood or marriage. Convalescent and
chronic care may include, but need not be limited to, the procedures commonly
employed in nursing and caring for the sick. For purposes of determining residential
density, if the design of the facility does not contain dwellings, as defined in this land
use code, then every 1.5 beds equals 1 dwelling. Fractional dwellings shall be
rounded to the next highest integer, e.g. 2 beds equals 2 dwellings.
Parcel A unit of land that is created by the partition of land as provided for in this
land use code. See also "Lot of Record," ~Legal Lot," and "Lot."
Section 2. The "Residential Dwellings" category, "Assisted Living and Day Care" category,
and the entries for "Book Store," "Drug Store (excluding Drug Treatment Centers)," "Healthcare
Eqmpmem and Supplies,'' and "Office Equipment and Supplies" of the "Trade" category of Table
9.2160 in Section 9.2160 of the Eugene Code, 1971, are amended to provide:
Dwellings
One-Family Dwelling
Rowhouse (One-Fm-n~ly on Own Lot Attached to Adjacent
Residence on Separate Lot w?th Garage or Carport Access to the
Rear of the Lot)
Duplex (Two-Family Attached on Same Lot)
Ordinance - 2
Tri-plex (Three-Family Attached on Same Lot) (See EC 9.5500)
Four-plex (Four-Family Attached on Same Lot) (See EC
9.5500)
Multiple Family (3 or More Dwellings on Same Lot) (See EC
9.5500)
Assisted Care & Day Care (Residences Providing Special
Services, Treatment or Supervision)
Assisted Care (5 or fewer people living in facility and 3 or fewer
outside employees or~ sire at any one time)
Assisted Care (6 or more people living in facility)
Day Care (3 to 12 people served)
Das' Care (13 or more people served)
Drug Store (excluding Drug Treatment Centers)
Healthcare Equipment and Supplies
Office Equipment and Supplies
I P
P
Section 3. Subsections (5)(f) and (13) of Section 9.2t71 of the Eugene Code, 1971, are
amended to provide:
9.2171
~ecial Commercial Zone Development Standards for Table 9.217{}.
(5)
The maximum f?ont yard setbacks stated in Table 9.2170 Commercial Zone
Development Standards, shall apply only to new buildings and any building
addition that increases the length of the building facade facing the street by at
leas~ 100%. In addition, all new buildings and the portion of the development
she specifically affected by the new building are subject to the requirements of
this subsection. (See Figure 9.2171 (5) Maximum Front Yard Setbacks,
Building Orientation, and Entrances.)
¢)
The maximum front yard setback may be exceeded if the area between the
building and the front property line is landscaped or paved for use by
pedestrians. The area must contain at least the equivalent of 1 enhanced
pedestrian amenity for every 200 square feet of hard surface. (See Figure
9.2171(5)(e) Landscaped or Paved Pedestrian Area with Pedestrian
Amenities.)
(13) Underground Utilities. All utilities on the development site shall be placed
Ordinance - 3
underground, unless ad~iusted pursuant to EC 9~8030(5). Refer also to EC
9.6775.
Section 4~ The caption of Section 9.2180 of the Eugene Code, 1971, is amended to provide:
%2180 Commercial Zone Lot Standards~ The following Table 9~2180 sets forth lot
standards within commercial zones. The numbers enclosed cAthin (#) indicate a
special development standard of EC 9.2181.
Se~fi0n 5. The "Recycling - composting, facilities requiring DEQ permit" entry in the
~'Manufacturing" category of Table 9.2450 of Section 9,2450 of the Eugene Code, 1971, is mnended
to provide:
Recyclhag~ composting, facilities requiring DEQ permit
P P
Section 6.
provide:
9.2682
Subsection (2)(c) of Section 9.2682 of the Eugene Code, 1971, is amended to
Public Land Zone Land Use and Permit Requirements.
(2)
[lses Requiring a Conditional Use Permit. The following uses not operated
by the public agency that owns the property are permitted conditionally when all
or part of the property is declared by the owner to not be needed:
(c) Assisted Care.
Section 7. The "Assisted Living and Day Care" category of Table 9.2740 of Section 9.2740
of the Eugene Code. 1971. is amended to provide:
Ordinance - 4
Table %2740 Residential Zone Land Uses and Permit Requirements
, Care (Residences Providing Special
Services, Treatment or Supervision/
Assisted Care (5 or fewer people living in facility and 3 or
fewer outside employees on site at any one time)(All
Assisted Care uses shall meet minimmn and maximum
density requirements in accordance with Table 9.2750
Residential Zone Development Standards unless
specifically exempted elsewhere in this code.)
Assisted Care (6 or more people living in facility) (All
Assisted Care uses shall meet 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.)
C
Day Care (3 to 12 people served)
(See EC 9.5200)
Day Care (13 or more people served)
C
S
Section 8. The "Small Lot" category under "Lot Area Minimum" is amended, and the
heading "Average Width Mirfimum" in Table 9.2760 of Section 9.2760 of the Eugene Code, 1971,
is amended to "Width Minimum" to provide as follows:
%276~
Residential Zone L0~.Standard?_~ The following Table 9.2760 sets ~¥rth residential
zone lot standards, subject to the special standards in EC 9.2761.
Are
Small Lots
~dth Minimum
Interior Lot I
Comer Lot
Curved Lot
Table 9.2760 Residen~ Zone ~'~ Standards
(See EC 9.2761 Special Standards for Table %27600
R4 R-1.5 R-2 R~3
[nimum (1)
(2) Per Cluster 2,250 2,250 2,250
Subdivision square feet square feet square feet
or PUD or per or per or per
Cluster Cluster Cluster
Subdivision Subdivision Subdivision
or PUD or PUD or PUD
mm (1)
,or (7) ~' ~ 50 feet 20 feet 20 ibet 20 feet
ot 50 feet 20 feet 20 feet 20 feet
,or - 3'-~ feet , 20 feel' 20 feet 20 feet
Ordinance - 5
Table 9.276{} Residential Zone Lot Standards
(See EC 9.2761 Special Standards for Table 9.2760,)
Cubde-sac Bulb Lot [ 35 feet ~ 20 feet 20 feet
--~iag Lot (4)
~4
20 feet
Section 9. The "Assisted Living and Day Care" category of Table 9.3210 of Section 9.3210
of the Eugene Code, 1971~ is amended to provide:
Table 9.3210 S-DW Downtown Westside Special Area Zone
Uses and Permit Requirements
S-DW
md Day Care
Day Care (3 to 12 people served) (See EC 9.5200) ] S
or I C
Section 14 O. Subsections (1), (2), and (3) of Section 9.3215 of the Eugene Code, 1971, are
amended to provide:
93215
~i~de_S_pecial Area Zone Development Standards.
(1) Application of Standards, In addition to applicable provisions contained
elsewhere in this land use code, the development standards listed in Table
9.3215 S-DW Downtov, m Westside Special Area Zone Development Standards
in this section, and in EC 9.3216 ~r)ecial Development Standards for Table
9.3215 shall apply to all development within this zone. In cases of conflict, the
development standards specifically applicable in the S-DW special area zone
shall apply~
(2) Residential Standards. Except as provided in this section or EC 9.3216
~ecial Develonment Stal!dards for Table 9.3215, all residential development
shall be subject to the standards established for the R-4 zone.
(3) Commercial and Office Standards (any non-residential uses). Except as
provided ~n this section or EC 9.3216 Special Development Standards for Table
9.3215~ all non-residential development shall be subject to the standards
established ~n the C-2 zone.
Secfim~ !L The "Assisted Living and Day Care" category of Table 9.3310 of Section 9.3310
Ordinance - 6
of the Eugene Code, 1971, is amended to provide:
Table 9.3310 S-E Elmira Road Special Area Zone Uses and Permit Requirements
S-E
Assisted Care & Day Care (Residences Providing Special Services, Treatment or Supervision)
Assisted Care (5 or fewer people living in facility and 3 or fewer outside employees on site au P
any one time)
Assisted Care (6 or more people living in facility) C
Day Care (3 to 12 people served) (See EC 9.5200) P
Day Care (13 or more people served) C
art of a residence are i~clnded in the Personal Services cat%9.~,_:
Section 12. SUbsection (2)(b)5 of Section 9.3510 of the Eugene Code, 1971, is amended to
provide:
9.3510
S-HB Blair Boulevard Historic Commercial Special Area Zone Uses. The S~HB
zone designation is based on the area's association with the city's working class and
the mix of residential, commercial and light industrial uses within the zone. The S-
HB zone is the commercial core of the residential districts located to the east and west
of the zone, The Whiteaker Plan Land Use Diagram reflects four underlying land use
designations for this zone of residential, commercial, mixed use, and parks. Uses
perrrfitted within the S-HB zone are as follows:
(2) Areas Designated for Neighborhood Commercial.
(b) Notwithstanding subparagraph (a) of this subsection, the following uses
are permitted:
Assisted care (5 or fewer people living in facility and 3 or fewer
outside employees on site at any one time).
Seetiog 13. The "Assisted Living and Day Care" category of Table 9.3910 of Section 9.3910
of the Eugene Code, 1971, is amended to provide:
Table 9.3910 S-W Whiteaker Special Area Zone Uses and Permit Requirements
Providing Special Serviees~ Treatment
Ordinance - 7
Table 9.3910 S~W Whiteaker Special Area Zone Uses and Permit Req uirements
Assisted Care (5 or fewer people living in facility and 3 or fewer outside employees on site P
at any one time)
Assisted Care (6 or more people living in facility) P
Da5, Care (3 to 12 people served) (See EC 9.5200) P
Day Care (13 or more., people served) P
ions not part ora residence are included in the Personal Services cat%o_~:... .........
Section I~_ Subsections (4) and (5) of Section 9.4530 of the Eugene Code, 1971, are deleted,
and Subsections (6) through (9) are renumbered (4) through (7), to provide:
%4530 /TD Transit Oriented Development Overla~L Zone Development Standards.
(41) Parking Between Buildings and the Street. Automobile parking, driving, and
maneuvering areas shall not be located between the main building(s) and a
street. For sites that abut a street, parking may be located at the rear of the
building or on 1 or both sides of a building When at least 60 percent of the site
frontage abutting the street (excluding required interior yards) is occupied by a
building and/or an enhanced pedestrian space with no more than 20 percent of
the 60 percent in enhanced pedestrian spaces, as described in EC 9.4530(3)(c).
For purposes of determining the percent of site frontage, the building or
enhanced pedestrian space shall be within 15 feet of the street. (See Figure
9,4530(6) Parking Between Buildings and the Street in/TD Area0
(5) Structured Parking. Structured parking on sites that abut a street shall have at
least 50 percent of the ground floor street frontage developed for office, retail or
other pedestrian-oriented uses. This standard does not apply to parking fac ilities
that are totally underground.
(6) Improvements Between Buildings and Streets. The land between a buildir~g
or exterior improvement and a street must be landscaped and/or paved with a
hard surface for use by pedestrians. If hard-surfacing is provided, the area must
contain pedestrian amenities such as seating areas, drinking fountains, and/or
other design elements (such as public art, planters, and kiosks). The use of
porous paving materials for hard surfacing is encouraged. Residential
developments are exempt flora this requirement. (See Figure 9.453(}(8)
Improvements Between Buildings and Streets in/TD Areas0
(7) Adjustments~ An adjustment to any' of the standards in this section may be
made for/TD parcels with no alley access or with physical or legal constraints
pursuant to the criteria beginning at EC 9.8015 of this land use code.
Ordinance- 8
Section 15. Subsection (1)(a) of Section 9.5250 of the Eugene Code, 1971, is amended to
provide:
%5250 Farm Animal Standards. All of the following standards are applicable to fa~rn
animals:
(1) Farm Animals Allowed:
(a) Except as provided in subsection (1)(b) below, up to 2 adult rabbits or
fbw4 (no roosters) over 6 months of age are allowed in any residential
zone~
Section 1_6 The "Assisted Living and Day Care" category in Table 9~6105(4) of Section
9.6105 of the Eugene Code, 1971, is amended to provide:
%6105 Bicyc!e.~a_r_~ag Standards.
(4) Minimum Required Bicycle Parking Spaces. The minimum required number
of bicycle parking spaces shall be calculated according ro Table 9.6I 05(4)
Minimum Required Bicycle Parking Spaces.
Table %6105(4) Minimum Required
Bicycle Parking Spaces
Uses Required Bicycle Parking
(Minimum 4 bicycle spaces required
unless -0- is indicated.)
Type and % of
Bicycle
Parking
Assisted Care & Day Care
-- -0- NA
Assisted Care (5 or fewer
people living in facility
and 3 or fewer outside
employees on site at any
one time)
Assisted Care {6 or more 1 per 10 employees 100% long term
people l~vir~g in facility)
Day Care (3 ~ 12 people -0- NA
served)
Day Care (13 or more I per 10 employees 100% long term
people served)
Ordinance - 9
_S~tion 17 Table 9.6205 of Section 9.6205 of the Eugene Code, 19717 is amended by
amending the entries fbr "Drive-Through Services Areas on Commercially zoned Lots,"
"Outdoor Merchandise Display in Commercial Zones," and "Delivery and Loading Facilities
Abutting Residentially Zoned Parcels," and adding an entry for ~*Outdoor Storage and Display
Standards in Industrial Zones~' to provide:
Table 9,6205 Landscaping Required by this Land Use Code
;ervice Areas on
Commercially zoned Lots EC
9~2171 (15)(c~ Standards Vary.
dise Display in
Commercial Zones
EC 9.2171(11)(b)2
Delivery~d Loading Facilkies
on InduStrially Zone~ Lots
Abutting Residential Zones EC
9.2461(12)(b)
Outdoor Storage and Display
Standards in Industrial Zones
(Standards vary~ see Table
9~2461.)
X
Section 18~ The "Assisted Living and Day Care" category of Table 9.6410~ ~s an:ended to
provide:
9.641{} Motor Vehicle Parking Standards.
Table 9~6410 Required Off-Street
Motor Vehicle Parking
Uses
Minimum Number of Required Off~
Street Parking Spaces
Assisted Care & Day Care
-- Assisted Care (5 or fewer people living in 1 for each 4 beds.
facility- and 3 or fewer outside employees
on site ar any one time)
Ordinance - 10
Assisted Care (6 or more people living in1 for each 4 beds.
facility)
Day Care (3 - 12 people served)
Day Care ( 13 or more people served)
.9 fbr each employee not living in home on
site at the same time~
.9 for each employee not living in home on
site at the same time.
Section_ !9~ Subsection (3) of Section 9.6505 of the Eugene Code, 1971, is amended to
provide:
9.6505
~vements - ~ecifications. All public improvements shall be designed and
constructed in accordance with adopted plans and policies, the procedures specified in
Chapter 7 o£this code, and standards and specifications adopted pursuant to Chapter 7
oftNs code~ Additionally, all developments shall make and be served by the
following infrastructure improvements:
(3) Streets and Alleys. The developer shall grade and pave all streets and alleys in
the development site and, except for applications proposing needed housing, the
city manager may require the developer to pave streets and alleys that are
impacted by the development. All paving shall be to the width specified in EC
9.6870 Street Width and provide for drainage of all such streets amd alleys, and
construct curbs and gutters within the development site according to the Design
Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and
Accessways and standards and specifications adopted pursuant to Chapter 7 of
this code and other adopted plans and policies. Private streets and alleys are
prohibited unless the developer can demonstrate to the satisfaction of the
planning director that a public street is not necessary fi>r compliance with this
land use code and EC 9.6815 _Con~. ectivk¥ for Streets. Private streets shall be
designed and constructed according to the Design Standards and Guidelines for
Eugene Streets, Sidewalks, Bikeways and Accessways and standards and
specifications adopted pursuant to Chapter 7 of this code.
Section 2{}.
provide:
9.6615
Subsection (5) of Section 9.6615 of the Eugene Code, 1971, is amended to
ted . Except where qualified as a nonconforming s~gn, the following
signs are unlawful and are declared to be nuisances:
(5) Decorative laser signs, search lights, and flashing signs~ except electronic
message centers:
Ordinance - 11
SectiOn 21. Subsection (9) of Section 9,6640 of the Eugene Code, 1971, is amended to
provide:
9.6640 General Provisi__~ns.
(9) Electronic Message Centers~ Except electronic message centers operated as
public signs by governmental agencies, no electronic message center, or portion
of a sign used as an electronic message center, shall be larger than 3 square feet
in area, display a message containing more than 5 characters, or change the
displayed message at intervals of less than once every 3 seconds. No electronic
message center~ except for temporary construction uses shall exceed a maximum
one-hour equi¥ aleut A-weighted sound pressure level of 50 dBa at the receiving
property line when the receiving property is occupied by a dwelling, hospital,
schools hbrary or assisted care center.
%6775
Sectio_ . n 22, Section 9.6775 of the Eugene Code, 1971, is amended to provide:
Utilities. All new on-site utilities shall be placed underground if there
is a utility-owned structure intmediately adjacent to the development site, unless
adjusted pursuant to the provisions of EC 9.8030(5). This provision does not apply to
temporary uses on a development site or to new utility connections to structures or
bttildings with legally established above ground utility service. This requirement is
satisfied if the applicant verifies in writing that utilities wilt be placed underground
concurrent with planned future development to occur within 12 months. Exceptions
shall be made tbr such features as padmounted transformers, switch cabinets, back
flow prevention devices and closures needed to safbly operate and maintain utility
systems.
Section 23. Section 9.7030 of the Eugene Code, 1971, is amended by adding a new
subSection (10) thereto, to provide:
9,7030 Recordation of Certain City_ Decisions, After a decision becomes final at the local
level, the city shall record at Lane County Deeds and Records a notice of a decision
concerning property that is the subject of the following types of applications:
(10) Vacations.
Sec!ion 24, Table 9.7055 of Section 9.7055 of the Eugene Code, t971, is amended by
adding ~'Temporary Manufactured Dwelling Hardship Permit, Renewal" as a Type I application with
Ordinance ~ 12
planning director review authority, to provide:
cations and Review Authorities~ Table 9.7055 Applications and Review
Auth;r~ i'ii;}, tists applications and the r;view authorities fbr the decision and the
appeal of the decision.
Dwelling Hardship Permit,
Renewal
R = Recommendation, D = Decision Maker, A = Appeal Review Authority
I Type ] Plannin~-~ea~ing--'~-- Histdr-~-c
Dir~tor Official Review Commission
~ Board
Council
S.e~fion 25. Table 9.7105 of Section 9.7105 of the Eugene Code, 1971, is amended to
provide:
9.7105 g_.g~cluirements and Criteria Reference. The following
application} are reviewe~t under the Type I process acc°rding to the requirements and
criteria set forth for each application as reflected in the beginning reference column in
T£ble 9.7105.
Table 9.7105 Type I App!~cation Requirements and Criteria
Property Line Adjnstmen
g Hardship Permit
Beginning Reference
EC 9.8150
EC 9.8400
EC 9.8600
--~C 9.7120(2)
EC 9.8700
%7120
Section 26. Section %7120 of the Eugene Code, 1971, is amended to provide:
Lv Manufactuyed Dwelling Permits.
(1) Temporary manufactured dwelling hardship permit approvals shall be valid for
12 months after the effective date of approval or until the hardship ceases to
exist, whichever occurs first.
(2) The permittee may submit a renewal application provided the renewal
application is submitted not less than 45 days prior to the expiration of the
currently approved permit. The renewal application shall be submitted on a
form approved by the city manager. The renewal shall be approved~ according
to a Type I process, if the applicant provides a written communication as
described in EC 9.8615(1) showing continued hardship. The renewal shall be
Ordinance - 13
valid for no more than 12 months.
Secti~r~ 2Z Table 9~7205 of Section 9.7205 of the Eugene Code, 1971, is amended by
adding an ent~' for Willamette Greenway Permit, Modification after the entry fbr "Variance," to
provide:
~ ----- ence [
...... [ EC 9~875~ ~'-'~--~1.2'~i~
Section 28. Subsection (4) of Section 9.7210 of the Eugene Code, 1971, is amended to
provide:
(4} If the application being reviewed is for a tentative subdivision or site review, the
notice shall be posted in at least 3 locations w~thin 300 feet of the perimeter of
the subject property, Additionall-y, at least 1 freestanding sign at least 6 square
feet in area shall be installed on the subject property, facing the improved street
abutting the property, if any. For properties that abut more than one improved
street, such a sign shall be installed facing each improved street.
Section 29. Subsection (1) and Table 9.7230 of Section 9.7230 of the Eugene Code, 1971,
are amended, and a new Subsection (9) is added thereto, to provide:
9.7231) Exp~r__afion.
(1) The planning director's approval of an application shall expire in 12 months, 18
months, or 36 months from the effective date of approval, de:pending upon the
type of land use application as specified in Table 9.7230 Expiration of Type II
Application Approvals, or as provided in subsections (2) through (9) of this
section. If an application approval has expired according to any of the
conditions stated in subsections (2) tl~ough (9), the original application
approval is revoked and a new application must be filed.
Ordinance- 14
Table 9.7230 Expiration of Type II Application Approvals
Application 12 months 18 months
Adjus~ent Review X
~storic Proper~y. Akerafion X
: F~a PLat (sam~ as Tentative PI~ expiration)
Site Re ""-- --- -~ X
view_Mod X
- Final Plat (sa ~'~ Plan
36 months
X
X
X
(9)
Approvals for adjustment review or traffic impact analysis review not
considered as part of another land use application shall be effective for 18
months after the effective date of approval. Within that time, the applicant shall
submit an application for a development permit or the approval shall expire.
Adjustment review or traffic impact analysis review approvals that are
considered as part of another land use application shall be effective for the same
time period as the primary land use application.
Section 30, Subsection (4) of Section 9.7315 of the Eugene Code, 1971, is amended to
provide:
9.7315 Public Hearing Notice.
(4) If the application under review is for a conditional use pet~nit, planned unit
development tentative plan, Willamette River Greenway permit, or zone change,
the notice shall be posted in at least 3 locations within 500 feet of the perimeter
of the subject property. Additionally, at least 1 freestanding sign at least 6
square feet in area shall be installed on the subject property~ facing the improved
street abutting the property, if any. For properties that abut more than one
improved street, such a sign shall be installed facing each improved s~reet.
Section 31.
provide:
Subsection (1) of Section 9.7340 of the Eugene Code, 1971, is amended to
Ordinance - 15
%7340
Approval of a Type III application shall not expire except as provided in
subsections (2) through (4). If an approval of a Type III application has expired
according to any of the conditions stated in subsections (2) through (4), the
original application approval is revoked.
Section 3. 2. Subsection (5) of Section 9.7415 of the Eugene Code, 1971, is amended to
provide:
9.7415 Public Hearing Notice.
(5)
The notice shall be posted in at least 3 locations within 300 feet of the perimeter
of the subject property. Additionally, at least 1 freestanding sign at least 6
square feet in area shall be installed on the subject property, Pacing the improved
street abutting the property, if any. For properties that abut more than one
improved Street, such a sign shall be installed facing each improved street.
Section 33. Section 9.7445 of the Eugene Code. 1971, is amended to provide:
9~7445 Ci~ Council Public Hearing.C~nduct and Procedures. The city' council shall
conduct a pt/blic hearing according to the quasi,judicial procedures in State law and
as set forth in EC 9.7065 through 9.7095, Quasi-Judicial Hearings. New evidence
shall be accepted.
Section 34, Subsection (2) of Section 9.7605 of the Eugene Code, 1971, is amended to
provide:
%7605 Filin~ o!~ &p~eal of P Directo .
(2) ~The ai~eal shall be submitted on a form approved by the city manager and
accompanied by a fee established pursuant to EC Chapter 2. The record
the planrfing director's proceeding shall be fbrwarded to the appeal review
authority. New evidence pertaining to appeal issues shall be accepted.
Sectfion 35. Subsection (2) of Section 9.7655 of the Eugene Code, 1971, is amended to
provide:
%7655_Fflmg of A~ea~__ of Heanns. Is Official or H~stor c Review Board Initial Decisiom
Ordinance - 16
(2) The appeal shall be submitted on a form approved by the city' manager a~d be
accompanied by a fee established pursuant to EC Chapter 2. The record ~¥om
the proceeding of the hearings official or historic review' board shall be
forwarded to the appeal review authority. No new evidence pertaining to appeal
issues shall be accepted.
Section 36. Subsection (3) of Section 9.8210 of the Eugene Code, t 971, is renumbered (4),
and a new Subsection (3) is added thereto, to provide:
9~8210
P_gr~]! ion Reqjirements, In addition to the provisions
in EC 9.7010 A__pplication Filing, the following specific requirements apply to
partition tentative plan applications:
(4)
The lot proposed to be divided in the partition application is a legal lot.
If the proposal includes needed housing, as defined by State statutes, the written
statement submitted with the partition application shall clearly state whether the
applicant is electing to use the general approval criteri a in EC 9.8215
Tentative P!~ Criteria- General instead of the approval c~Steria found
in EC 9.8220 Partition. Tentative Plan Approval Criteria- Needed Housing.
Section 37~ Subsections (1)(a) and (2)(a) of Section 9.8430 of the Eugene Code, 1971~ are
amended to provide:
%8430
lite. Site review provisions shall be applied when any of the following
conditions exist:
(1) Property is zoned with the/SR overlay zone and the proposal would result in either
of the ~bllowing:
(a) New' development of vacant sims (excluding partitions and any development
that consists only of new or expanded parking areas).
(2) The proposed use on the property is identified as a use which requires site review
under other provisions of this land use code and the proposal would result in either
of the following:
(a) New development of vacant sites (excluding development that consists only
of new or expanded parking areas).
No development permit shall be issued by the city prior to approval of the site review
application.
Section 38.
provide:
Subsection (1) of Section 9.8410 of the Eugene Code, 1971, is amended to
Ordinance- 17
%8410
~rt¥ Line ~nt Ap~lie_ation Requirem~gts, In addition to the
proVisionS in EC 9.7010 Appli~ion Filing, ~e ~i~owing specific requirements shall
apply' to property line adjustment applications.
(1) Except ~br parallel property line adjustments when the adjusted property line is a
distance of even width along the common boundary~ all applications shall be
prepared by an Oregon licensed Land Surveyor.
(2) Applications shall be signed by at least one of the owners of each parcel
involved, and shall include a preliminary title report for each pm~cet.
Sec. tion 3% Subsection (4) of Section 9.8510 of the Eugene Code~ 1971~ is renumbered
(5)~ and a new Subsectiorr (4) is added thereto, to provide:
9,8510 lan A~plication Requirements. In addition to the
provisions in EC 9.7010 ~lic~tt~on Filing, th~ following specific requirements shall
apply to tentative subdivision plan applications:
(4) The lot proposed to be divided in the subdivision application is a legal
(5) It7 the proposal includes needed housing, as defined by State statutes, the
statement submkted with the subdivision application shall clearly state whether
the applican_t is electing to use the general approval criteria in EC 9.8515
Subdivisiom Tentative Plan Apl~roval Criteria- General instead of the approval
criteria ~bund in EC 9,8520 Subdivision, Tentative Plan Approval Criteria-
Needed Housing,
Seetio~ 40. Subsection (1) of Section 9.8855 of the Eugene Code, 1971, is amended to
provide:
%8855
~B!i~ . Changes in zoning, including the application of or change of an
overlay Zone or special area zone shall be processed as a Type [II application as
provided in EC 9,7300 through EC 9.7340 Type III Application Procedures, with the
following exceptions:
(1) The proposed zone change would apply the/ND Nodal Development Overlay
Zone, in which case the zone change shall be processed as described in EC
9.4260.
Section 41, Subsection (3)(0 of Section 9.9630 of the Eugene Code, 1971, is amended to
provide:
9.963{} South Hills Study Policies.
Ordinance - 18
(3) Development Standards - Specific Recommendations.
That all proposed road locations be reviewed to insure minimum grade
disturbance and minimum cut-an&fill activity, particularly in those areas
most visible due to slope, topographic or other conditions.
Section 42_. Figure 9.0500 V_ision. Clearance Area is amended by replacing the word
"Property" in the right hand text box with the word "Curb7~ as reflected on the amended Figure
attached to this Ordinance.
' ' " ' ""A~v " " ' '
Section 4~3. The road designations for Airport Road, brey Lane, and Beacon Drive
on Map 9.7805 - Industrial Corridor are corrected as reflected on the amended Map 9.7805 attached
to this Ordinance.
Section 44~. Map 9~6715(4) - Gillespie Butte Height Limitation Area~ is hereby deleted.
Section 45__. The Legislative Findings set forth in the attached Exhibit A serve as support for
this Ordinance, but are not adopted.
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.
Section 47. If any sectiom subsection, sentence~ clause, phrase or portion of this Ordinance
~s for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion
shall be deemed a separate.~ distinct and independent provision and such holding shall not affect the
validity of the remaining portions hereoL
S_e~fi__gB 4__8. Notwithstanding the effective date of ordinances as provided ~n the Eugene
Charter of 1976~ this Ordinance shall become effective 30 days from the date of its passage by the
Ordinance - 19
City Council and approval by the Mayor, or upon the date of its acknowledgment as provided by
ORS 19T625~ whichever is later~
Passed by the City Council this
25taday o£November, 2002
Approved by the Mayor this
25~h day of November, 2002
,
Ordinance ~ 20
Plan View
Curb Line
Public Right-of-Way
Clearance Area
Private Property
Vision Clearance
Area
Sidewalk
35 Feet
Curb
Right-of-Way
Clearance Area
Private Property
'vision Clearance
Area
See also EC 9,6780 Vision
Clearance Area.
Exhibit A
Findings of Consistency of the Fall 2002 Land Use Code Amendments
with Criteria for Approval of Amendments to the Eugene Code
The Fall 2002 Land Use Code amendments address many code sections and a wide variety of
regulations. Findings of consistency for three ordinances are provided below~ The first ordinance,
concerning land use regulations, contains code amendments that primarily address errors, clarify
existing code provisions or streamline procedures. The second ordinance, concerning nodal
development, contains changes to the/ND Nodal Development overlay zone~ The third ordinance,
concerrfing secondary dwellings and flag tots, addresses changes to standards for residential flag lots
and secondary dwellings.
The Eugene City Council will apply the fbllowing criteria from EC 9.8065 to the proposed code
amendment:
(1) Is consistent with applicable statewide planning goals adopted by the Land
Conservation and Development Commission
Goal ] - Citizen l'nvolvement. To develop a citizen involvement program that insures the opportunity
for citizens to be involved in all phases of the pIanning process,
The City has acknowledged provisions for citizen involvement which insure the opportunity fbr
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The ordinance concerning land use regulations includes a revision to the requirement
that the City install a 12 square foot freestanding sign on development sites that have certain types
of land use decisions pending. The size requirement has been reduced to 6 square feet. This change
will still provide broad public notice of pending land use decisions, yet the smaller size will be more
efficient for installation on the property. This change maintains consistency with Goal 1
requirements.
The ordinance concerning land use regulations also includes revisions that clax/fy the public heatings
that allow for the acceptance of new evidence. These changes maintain consistency with Goal t and
comply with State law.
The ordinance concerning land use regulations streamlines the land use process by removing the
requirement of site red, dew if the city has approved the proposed development t?~ough a planned unit
development ~UD) or conditional use permit (CUP) process. The PUD and CL~ process provide
greater public notice and a public hearing on a pending development proposal. This change will
remove an unnecessary administrative review (site review) of the same proposed development, but
w4tl not decrease the overall level of citizen involvement.
The process for adopting these amendments complied with Goal 1 since it complied with, and
Exhibit A - 1
surpassed the requirements ot:; the citizen involvement provisions. Specifically, on August 30, 2002,
the City provided written mailed notice of the October 1, 2002, joint Eugene and Lane County
Plannh~g Commission public heating on the Fall 2002 Draft Land Use Code Amendments. The
notice included information on the basis for the draft amendments arid applicable approval criteria.
The notice was provided to the Lane County and City of Springfield Planning Directors and to all
neighborhood t~oups officially recognized by the city council. In addition, the notice was provided
to the following organizations involved in local land use regulations: 1) PRLFDES (Professionals fYr
Responsible Urban Development in Eugene-Springfield; 2) Eugene Area Chamber of Commerce;
3) Home Builders Association of Lane County; 4) Friends of Eugene; and 5) 1000 Friends of
Oregon. Any party that had request notice of the draft code amendments or that provided public
testimony was also added to an "interested party" list and provided written mailed notice of the
public hearing. Legal notice in the local newspaper was also provided in accordance with Lane
County code amendment requirements.
On October 1,2002, Eugene and Lane County Planning Commissions held a joint public hearing on
the draft amendments. The Eugene Planning Commission held work sessions on October 7 and
October 8 and forwarded recommendations to the Eugene City Council. On October 17, 2002,
wr/tten mailed notice was provided regarding the Eugene City Council public hearing of October 28~
2002. The notice was mailed to all interested parties. The public hearing notice and a copy of all
three ordinances w-ere provided on the City website.
Goat 2 - Land Use Planning. To establish a land use p&nning process and poIicy framework as
a basis.fbr all decisions and actions related to use of land and to assure an adequate factual basis
for such decisions and actions.
The record shows that there is an adequate factual base for the amendments. To comply with the
Goal 2 coordination requirement, the City coordinated the adoption of the amendments with all
affected governmental units. Specifically, the City provided written mailed notice of the proposed
amendments to the CiD' of Springfield and Lane County. The City of Springfield provided no
comments on the pending amendments. Lane Com-~ty Planning Commission held a joint public
heating with the Eugene Planning Contrrfission and will forward recommendations to the Lane
Cotml3~ Board of Corrmaissioners for application in the urban transition area. In addition, EWEB and
School District 4J were provided v,~tten notice due to the nature of some of the proposed
amendments. There are no Goal 2 Exceptions required for these amendments.
Goal 3 - Agricultural Lands. To Preserve Agricultural Lands.
The amendments do not affect any land designated for agricultural use~ Therefore, Goal 3 is not
applicable or relevant to the amendments.
Goal 4 - Forest Lands. To conserve forest lands.
The amendrnents do not affect any land designated for forest use. Therefore, Goal 4 is not applicable
Exhibit A - 2
or relevant to the amendments.
Goal 5 - O~aces, Sceni~ and Historic Areas, and Natural Resources. To conserve open space
and protect natural and scenic resources.
These amendments do not create or amend the city's list of Goal 5 resources, do not amend a code
provision adopted in order to protect a significant Goal 5 resource or to address specific requirements
of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5 resource
site and do not amend the acknowledged UGB. Therefore, Goal 5 does not apply.
Goal 6 - Air, Water and land Resource Qual(tF. To maintain and improve the quality of the air,
water and land resources of the state.
The amendments do not affect the City's compliance with Goal
Goal 7 - Areas Subject to Natural Disasters and Hazards. 7'o Protect l~e and propertyjS~om natural
disasters and hazards.
The amendments do not affect the City's restrictions on development in areas subject to natural
disasters and hazards. Therefbr< Goal 7 does not apply.
Goal 8 - Recreational Need& To satisfy the recreational needs of the citizens of the state and
visitors, and where appropriate, to provide for the siting of necessa~y rec~eational facilities
including destination resorts.
The plan amendments do not affect the City's provisions for recreation areas, facilities or
recreational opportunities, Therefore, Goal 8 does not apply,
Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a
varie02 of economic activities vital to the health, welfare, and prosperity of Oregon %~ citizens.
The ordinance concerning land use regulations arnendments include revisions that increase the
allowable uses in the C-4 zone by permitted uses in the "trade" category. This provides greater
flexibility for proposed projects in that zone~ The revisions also add an additional use to the I-2
zone, While the ordinance concerning nodal development contains a size limitation of 50,000 square
feet for new retail uses in the nodal development overlay zone, that limitation will not render any
commercial or industrial sites unbuildable. The 2',,~ overlay zone has not been applied to any
properties. The amendments do not diminish the supply of commercial or industrial lands.
Therefore, they are consistent with Goal 9.
Goal JO - Housing. To provide for the housing needs of citizens of the state.
The ordinance concerning land use regulations includes a change that makes it possible to establish
Exhibit A - 3
a one-fkmily dwelling in C-t or C-2 if it is above a nonresidential use on the ground floor.
Ordinance No. 1 also amends the code to clarify that greater residential lot density is allowed when
the cluster subdivision Process is used.
The ordinance concerning nodal development includes a change to clarify the City's intent that
residential development in the nodal development areas achieve an average density of 12 units per
net residential acre. It also sets the mirfimum density requirement for nodal development areas
within the R-1 and R-1.5 zones at 8 units per net residential acre. The amendments in this ordinance
related to minimum residential densities for different base zones exceed those set fbrth in the Land
Use Code, consistent with the intent to achieve an average of 12 units per net residential acre.
The ordinance concerning secondary dwellings and flag lots amends the code to permit secondary
dwellings on flag lots and to provide specific lot dimensions necessary for locating secondary
dwellings. It revises provisions for the R- 1 zone to allow home occupations and secondary' dwellings
on flag lots of 13,500 square feet or more. It reduces the setback for residential flag and alley lots
to make them easier to develop. None of these provisions would render residential lands
unbuildable. N fact, they increase the potential for residential development in the City. The
amendments have no impact on the supply of residential lands and are therefore consistent with Goal
10.
Goat 1J- 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 concern the City's provision of public facilities and services. Therefbre,
Goal 11 does not apPly.
Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation
system.
The amendments do not sigrfificantly affect a transportation facility. TherelBre, Goal 12 does not
apply.
Goal ]3 - Energy Conservation. To conserve energy.
The amendments do not concern energy' conservation. Therefore, Goal 13 does not apply.
Goal ~ 4 - Urbanization. To provide for an orderly and efficient transition from rural to urban land
US e~
The amendments do not affect the City's provisions regarding the transition of lar~d from rural to
urban uses. Thereibre, Goal 14 does not apply.
Exhibit A - 4
Goal I 5 - Willamette River Gre_~e.~lwaz. 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 to not contain any changes that affbct the regulation of areas within the Willamette
Pdver Greenway. The ordinance concerning land use regulations adds a cross reference that was
rnistakenly left out of the code~ reiterating in an additional section that the City processes requests
for modification of a Willamette Greenway Permit using a Type lI process~
Goals ] 6-19. Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean resources.
These Statewide Planning Goals do not apply to the actions taken.
(2)
Ils consistent with applicable provisions of the Metro Plan and applicable adopted
refinement plans~
Metro Plan Policies
Residential Land Use and I~[ousing Eleme. nt, Polic_qy A. ~ 3. Increase overall residential density in the
metropolitan area by creating more opportunities for effectively designed in-fill, redevelopment, and
mixed use while considering impacts of increased residential density on historic, existing and fi~ture
neighborhoods.
The ordinance concerrfing land use regulations includes a change to make it possible to establish a
one-family dwelling in C-t or C-2 if it is above a nonresidential use on the ground floor. This is
consistent with the intent of Policy A. 13 since it promotes the mixing of cormmercial and residential
uses,
The ordinance concerning nodal development includes in the purpose of the /ND Nodal
Development overlay zone a statement that each node is intended to achieve an average overall
residential density of 12 ~ts per net residential acre. The amenchments in this ordinance related to
minimrtm residential densities for different base zones exceed those set forth in the Land Use Code,
consistent with the intent to achieve an average of 12 units per net residential acre. This is
consistent with Policy A. 13 to increase overall residential densities.
The ordinance concerning secondary dwellings and flag lots will create additional opportunities for
residential in-fill development by decreasing required setbacks for flag lots and increasing the
allowance of detached secondary dwellings. To promote compatibility with existing neighborhoods,
new buildings on flag lots will still have greater setbacks than a standard lot and special desigr~
standards remain in place for detached secondary dwellings.
Economic Element, Pol~. Provide for limited mixing of office, commercial and industrial uses
under procedures which clearly define the conditions under which such uses shall be permitted and
Exhibit A - 5
which: (a) preserve the suitability of the affected areas for their primary uses; (b) assure
compatibility; and (c) consider the potential for increased traffic congestion.
Ordinance No. 1 amendments ir~clude a change to make it possible to establish a one-family dwelling
or two-family dwelling in C-1 or C-2 if it is above a nonresidential use on the ground floor. These
residences are also subject to the limitations in EC 9.2161 (6). These limitations on residential uses
preserve the suitability of the C-1 and C-2 zones for commercial uses and take into account
compatibility and traffic issues.
Ordinance No. t amendments include revisions that increase the allowable uses in the C-4 zone by
adding permitted uses in the "trade" category. Two of the uses added, book store and drag store,
lend themselves to "neighborhood commercial" developments.
Trans,vortation Element, Policy i~ 1. Apply the nodal development strategg: in areas selected by each
jurisdiction that have ident~'ed potential for this type of transportation-ed~cient land use pattern.
The ordinance concerning nodal development includes a change to clarify the City's intent that
residential development in the nodal development areas achieve an average density of 12 units per
net residential acre. It sets the minimum density requirement for nodal development areas within
the R-1 and R-1.5 zones at 8 units per net residential acre. The amendments in this ordinance related
to minimum residential densities for different base zones exceed those set forth in the Land Use
Code, consistent with the intent to achieve an average of 12 units per net residential acre. This
requirement for higher intensity of development will promote transit use and is consistent with the
requirement of Policy F.3.
Citizen Znvolvement £]ement, Policy_~3_. Improve and maintain local mechanisms that provide the
opportunity for residents and property owners in existing residential areas to participate in the
imp[ementation of policies in the Plan that may affect the character of those areas.
The ordinance concerning land use regulations ~ncludes a revision to the requirement that the City
~nstall a 12 square foot freestand/ng sign on development sites that have certain types of land use
decisions pending. The size requirement has been reduced to 6 square feet. Th/s change will stiI1
provide broad public notice of pending land use decisions, yet the smaller s~ze will be more efficient
for installation on the property and is consistent with Policy 3.
Refinement Plan Policies
The amendments do not address a specific area of the city or a specific public facility. Therefore,
no refinement plan is particularly applicable.
Exhibit A - 6