HomeMy WebLinkAboutOrd. 20625COUNCIL ORDINANCE NO. 20625
AN ORDINANCE CONCERNING ACCESSORY
DWELLINGS; REPLACING THE TERM "SECONDARY
DWELLING" WITH "ACCESSORY DWELLING"
THROUGHOUT THE EUGENE CODE 1971; MAKING
ADDITIONAL AMENDMENTS TO SECTIONS 9.0500,
9.2010, 9.2011, 9.2 740, 9.2741, 9.2750, 9.2751,
9.2 775, 9.3060, 9.3 115, 9.3125, 9.32 10, 9.32 15,
9.3310, 9.3510, 9.3615, 9.3625, 9.3810, 9.3811,
9.3815, 9.3910, 9.3915, 9.3970, 9.6410 AND
9.8030 OF THAT CODE; AND ADDRESSING THE
OREGON LAND USE BOARD OF APPEALS' REMAND
OF ORDINANCE NOS. 20594 AND 20595.
ADOPTED: January 21, 2020
SIGNED: January 22, 2020
PASSED: 6:2
RESECTED:
OPPOSED: Taylor and Clark
ABSENT:
EFFECTIVE: February 22, 2020
0
ORDINANCE NO. 20625
AN ORDINANCE CONCERNING ACCESSORY DWELLINGS; REPLACING THE
TERM "SECONDARY DWELLING" WITH "ACCESSORY DWELLING"
THROUGHOUT THE EUGENE CODE 1971; MAKING ADDITIONAL
AMENDMENTS TO SECTIONS 9.0500, 9.2010, 9.2011, 9.2740, 9.2741, 9.2750,
9.2751, 9.2775, 9.3060, 9.3115, 9.3125, 9.3210, 9.3215, 9.3310, 9.3510, 9.3615,
9.3625, 9.3810, 9.3811, 9.3815, 9.3910, 9.3915, 9.3970, 9.6410 AND 9.8030 OF
THAT CODE; AND ADDRESSING THE OREGON LAND USE BOARD OF
APPEALS' REMAND OF ORDINANCE NOS. 20594 AND 20595.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The term "secondary dwelling" is replaced with "accessory dwelling" (including
grammatical revisions for plural and a/an agreement) throughout the Eugene Code, 1971. Where
this change occurs in the Code sections further amended by this Ordinance, this change is also
shown.
Section 2. The following definitions in Section 9.0500 of the Eugene Code, 1971, are
amended to provide as follows:
9.0500 Definitions. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Accessory Building. Any authorized, detached building subordinate to the main
building on the same development site. In addition, for the purposes of EC 9.2700
through 9.2751, in the R-1 zone, an accessory building that shares a common wall
with the primary dwelling for less than 8 feet is considered a detached accessory
building. An accessory dwelling is not an accessory building.
Dwelling, Accessory. An interior, attached or detached residential structure that is
used in connection with or that is accessory to a single-family dwelling.
Kennel. An establishment or premises on which 4 or more dogs over 6 months of
age are kept or maintained, whether by owners of the dogs or by persons providing
facilities and care, and whether or not for compensation, not including the temporary
keeping of one additional dog for up to 6 months in any 12 -month period. For
purposes of this definition, if the "premises" consists of a lot that contains a main
dwelling and an accessory dwelling, the "premises" means the lot.
Ordinance - Page 1 of 17
Section 3. The "Dwellings" subsection in the 'Residential' section in Table 9.2010 of the
Eugene Code, 1971, is amended to provide as follows:
Table 9.2010 Agricultural Zone Uses and Permit Requirements
AG
Residential
Dwellings
One -Family Dwelling, 1 Per Lot P
Accessory Dwelling 1 Per Detached One -Family Dwelling on Same Lot P(2)
Section 4. Section 9.2011 of the Eugene Code, 1971, is amended to provide as follows:
9.2011 Special Use Limitations for Table 9.2010.
(1) Permitted in the AG zone, subject to the PRO zone standards in EC 9.2640.
(2) Permitted in the AG zone, subject to the standards for accessory dwellings at
EC 9.2751(17).
Section 5. The following entries under the "Residential' section in Table 9.2740 of the
Eugene Code, 1971, are amended to provide as follows:
Table 9.2740 Residential Zone Land Uses and Permit Requirements
R-1
R-
R-2
R-3
R-4
1.5
Residential
Dwellings. (All dwellings, including accessory
dwellings, shall meet minimum and maximum density
requirements in accordance with Table 9.2750
Residential Zone Development Standards unless
specifically exempted elsewhere in this land use code.
All dwelling types are permitted if approved through the
Planned Unit Developmentprocess.)
Accessory Dwelling (1 Per Detached One -Family
P(2)
P(2)
P(2)
P(2)
Dwelling on Same Lot
Section 6. Subsection (2) of Section 9.2741 of the Eugene Code, 1971, is amended to
provide as follows:
9.2741 Special Use Limitations for Table 9.2740.
(2) Accessory Dwellings. Accessory dwellings are subject to the standards at
EC 9.2750 and EC 9.2751, except that new accessory dwellings are
prohibited on alley access lots.
Ordinance - Page 2 of 17
Section 7. The following entries under the "Maximum Building Height," "Minimum Building
Setbacks," "Maximum Lot Coverage" and "Secondary Dwellings" sections in Table 9.2750 of the
Eugene Code, 1971, are amended to provide as follows:
Table 9.2750 Residential Zone Development Standards
See EC 9.2751 Special Develo ment Standards for Table 9.2750.
R-1 R-1.5 R-2 R-3 R-4
17 ,18
Maximum Building Hei ht 2 , 3 , 4, 5 , 16 ,(17)10§
AccessoryDwellingSee 17 —See 17 —See 17 —See 17
Minimum Building Setbacks 2 4 6 9 10 11 16 17 18
Interior Yard Setback for
Accessory Dwellings
See (17)
—See (17)
—See
Maximum Lot Coverage (17), 18
Lots with Accessory Dwellings
(Area -Specific)
See
17 c
Accessory Dwellings 17
General Standards
See
(17)(a)
and b
—See
(17)(a)
and b
—See
(17)(a)
and b
—See
(17)(a)
and b
Area -Specific
See
(17)(c)
Section 8. Figure 9.2751(17)(a)3.b.(2)(A), Figure 9.2751(17)(a)3.b.(2)(B), and Figure
9.2751(17)(a)3.c.(2) attached to this Ordinance as Exhibit Aare added, and Subsection (17) of
Section 9.2751 of the Eugene Code, 1971, is amended to provide as follows:
9.2751 Special Development Standards for Table 9.2750
(17) Accessory Dwellings.
(a) General Standards for Attached Accessory Dwellings. Except as
provided in subsection (c) below, accessory dwellings that are within the
same building as the primary dwelling shall comply with all of the
following:
1. Lot Area. To allow an accessory dwelling, flag lots shall contain at
least 12,500 square feet, excluding the pole portion of the lot, and
shall have a minimum pole width as required under EC
9.2775(5)(e). All other lots shall contain at least 6,100 square
feet.
2. Building Size. The total building square footage of an accessory
dwelling shall not exceed 10 percent of the total lot area or 800
square feet, whichever is smaller. Total building square footage is
measured at the exterior perimeter walls and is defined as all
square footage inside of the dwelling, including, but not limited to
hallways, entries, closets, utility rooms, stairways and bathrooms.
3. Building Height/Interior Setback. Except for accessory dwellings
on flag lots (see EC 9.2775), the following standards apply:
a. For any portion of an attached accessory dwelling located
Ordinance - Page 3 of 17
within 60 feet of a front lot line, interior yard setbacks shall
be at least 5 feet, and maximum building height shall be
limited to that of the main building as per Table 9.2750
b. For any portion of an attached accessory dwelling located
greater than 60 feet of a front lot line, the following
standards apply:
(1) Except as provided in subsection (2) below, interior
yard setbacks shall be at least 5 feet. In addition, at a
point that is 10 feet above finished grade, the setback
shall slope at the rate of 10 inches vertically for every
12 inches horizontally away from the property line to a
maximum building height of 18 feet. (See Figure
9.2751(16)(b)3. Building Height/Interior Setbacks)
(2) For an accessory dwelling located above a garage or
located where there is a grade change of 5 feet or
more when measured from lowest finished grade to
highest finished grade at points within a 5 -foot
horizontal distance of the exterior walls of the
accessory dwelling (See Figure
9.2751(17)(a)3.b.(2)(A) Building Height Calculation
& Sloped Setback for Sloped Lots), the following
standards apply:
(A) For an interior lot line that is not addressed in
(2)(B) below or an interior lot line that abuts an
alley, the minimum interior yard setback from that
lot line is 5 feet and the maximum building height
is 25 feet.
(B) Where an interior lot line abuts property that is
zoned R-1, R-1.5, S-C/R-1 or S-RN/LDR, the
interior yard setbacks shall be at least 5 feet. In
addition, at a point that is 18 feet above finished
grade, the setback shall slope at the rate of 10
inches vertically for every 12 inches horizontally
away from the property line to a maximum building
height of 25 feet. If the building is setback a
minimum of 20 feet from an interior property line,
the sloped portion of the setback does not apply
along that property line. (See Figure
9.2751(17)(a)3.b.(2)(B) Accessory Dwelling
Above Garage)
C. Exceptions. If the accessory dwelling is above a garage or
on a slope as described in EC 9.2751(17)(a)3.b.(2) above,
the following exceptions apply:
(1) An accessory dwelling may intrude into the 5 -foot
interior yard if a 10 -foot separation exists between the
accessory dwelling and buildings on the abutting lot
and if the owner of the accessory dwelling has secured
and recorded in the office of the Lane County Recorder
a maintenance access easement adjacent to the
intruding side of the building. The easement shall
provide a 5 -foot wide access the entire length of the
Ordinance - Page 4 of 17
building and 5 feet beyond both ends and require the
continuation of a 10 -foot separation between buildings
on the separate lots. The easement shall be on a form
provided by the city and be subject to payment of a fee
set by the city manager.
(2) An accessory dwelling's dormers may intrude into the
sloped portion of any interior yard setback if:
(A) The total width of all dormers does not exceed
fifty percent of the width of the roof on which the
dormers are located (for hipped roofs, the width
of the roof shall be measured at the eave); and
(B) The walls of the dormer(s) are set back a
minimum of 2 feet from the face of all exterior
building walls of the accessory dwelling.
(See Figure 9.2751(17)(a)3.c.(2) Dormer Placement
& Size Calculation)
The allowances for setback intrusions provided at EC
9.6745(3) do not apply within the setback described in
subsections a. and b. above, except that eaves and
chimneys are allowed to project into this setback no more
than 2 feet.
4. Minimum Attachment. The accessory dwelling and the primary
dwelling must share a common wall or ceiling for a minimum
length of 8 feet to be considered attached.
5. Additional Standards for Accessory Dwellings on Flag Lots.
Accessory dwellings on flag lots are also subject to the standards
at EC 9.2775(5)(e).
(b) General Standards for Detached Accessory Dwellings. In addition to
the standards in subsection (a) of this section, detached accessory
dwellings shall comply with the following, except as provided in
subsection (c) below:
1. Building Size. For an accessory dwelling located above a garage,
up to 800 square feet of unheated garage or other unheated
storage space attached to the accessory dwelling is allowed and
is not counted in the total building square footage for the
accessory dwelling. For other accessory dwellings, up to 300
square feet of unheated garage or other unheated storage space
attached to the accessory dwelling is allowed and is not counted
in the allowable total building square footage for the accessory
dwelling.
2. Pedestrian Access. A pedestrian walkway shall be provided from
the street or alley to the primary entrance of the accessory
dwelling. The pedestrian walkway shall be a hard surface
(concrete, asphalt or pavers) and shall be a minimum of 3 feet in
width.
3. Primary Entrance. The primary entry to an accessory dwelling
shall be defined by a covered or roofed entrance with a minimum
roof depth and width of no less than 3 feet.
4. Outdoor Storage/Trash. Outdoor storage and garbage areas shall
be screened from view from adjacent properties and those across
the street or alley with a minimum 42 -inch tall 100 -percent site
Ordinance - Page 5 of 17
obscuring fence or enclosure on at least three sides.
5. Building Height/Interior Setback. Except for accessory dwellings
on flag lots (see EC 9.2775), the following standards apply:
a. Except as provided in subsection b. below, interior yard
setbacks shall be at least 5 feet. In addition, at a point that
is 10 feet above finished grade, the setback shall slope at
the rate of 10 inches vertically for every 12 inches
horizontally away from the property line until a point not to
exceed a maximum building height of 18 feet. (See Figure
9.2751(16)(b)3. Building Height/Interior Setbacks)
b. For an accessory dwelling located above a garage or
located where there is a grade change of 5 feet or more
when measured from lowest finished grade to highest
finished grade at points within a 5 -foot horizontal distance of
the exterior walls of the accessory dwelling (see Figure
9.2751(17)(a)3.b.(2)(A) Building Height Calculation &
Sloped Setback for Sloped Lots), the standards at EC
9.2751(17)(a)3.b.(2) and EC 9.2751(17)(a)3.c. apply.
C. The allowances for setback intrusions provided at EC
9.6745(3) do not apply within the setback described in a. or
b. above, except that eaves and chimneys are allowed to
project into this setback no more than 2 feet.
6. Maximum Wall Length. Along the vertical face of the dwelling,
offsets shall occur at a minimum of every 25 feet by providing at
least one of following: recesses or extensions, including
entrances, a minimum depth of 2 feet and a minimum width of 5
feet for the full height of the wall. Full height is intended to mean
from floor to ceiling (allowing for cantilever floor joists).
(c) Area -Specific Accessory Dwelling Standards. The following standards
apply to all new attached or detached accessory dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
1. Lot Area. To allow for an accessory dwelling, the lot shall contain
at least 7,500 square feet.
2. Lot Dimension. The boundaries of the lot must be sufficient to
fully encompass an area with minimum dimensions of 45 feet by
45 feet.
3. Lot Coverage. The lot shall meet the lot coverage requirements
for R-1, except that all roofed areas shall be included as part of
the calculation of lot coverage.
4. Building Size. For lots at least 7,500 square feet and less than
9,000 square feet in area, the accessory dwelling shall not exceed
600 square feet of total building square footage. For lots at least
9,000 square feet in area, the accessory dwelling shall not exceed
800 square feet of total building square footage. Total building
square footage is defined as all square footage inside of the
dwelling, including, but not limited to hallways, entries, closets,
utility rooms, stairways and bathrooms. For an accessory dwelling
located above a garage, up to 800 square feet of unheated garage
or other unheated storage space is allowed and is not counted in
the total building square footage for the accessory dwelling.
Ordinance - Page 6 of 17
5. Minimum Attachment. The standards at EC 9.2751(17)(a)4. are
applicable.
6. Maximum Bedrooms. For lots with a primary dwelling containing 3
or fewer bedrooms, the secondary dwelling shall be limited to 2
bedrooms. For lots with a primary dwelling containing 4 or more
bedrooms, the secondary dwelling shall be limited to 1 bedroom.
7. Maximum Occupancy. For lots with a primary dwelling containing
3 or fewer bedrooms, the secondary dwelling shall be limited to 3
occupants. For lots with a primary dwelling containing 4 or more
bedrooms, the secondary dwelling shall be limited to 2 occupants.
8. Building Height/Interior Setback.
a. The standards at EC 9.2751(17)(b)5.a. and b. are applicable
to detached accessory dwellings.
b. The allowances for setback intrusions provided at EC
9.6745(3) do not apply within the setback described in a.
above, except that eaves, chimneys and gables are allowed
to project into this setback no more than 2 feet.
9. Pedestrian Access. The standards at EC 9.2751(17)(b)2. are
applicable to attached and detached accessory dwellings.
10. Primary Entrance. The standards at EC 9.2751(17)(b)3. are
applicable to detached accessory dwellings only.
11. Outdoor Storage/Trash. The standards at EC 9.2751(17)(b)4. are
applicable to detached accessory dwellings only.
12. Maximum Wall Length. The standards at EC 9.2751(17)(b)6. are
applicable to detached accessory dwellings only.
(d) Adjustment Review. An adjustment may be requested to convert an
existing building into an accessory dwelling in accordance with EC
9.8030(34) if the existing building does not meet the standards under
EC 9.2751(17)(a) or (b). For accessory dwellings, these are the only
standards that may be adjusted. These standards are not adjustable for
accessory dwellings within the city -recognized boundaries of Amazon
Neighbors, Fairmount Neighbors and South University Neighborhood
Association.
(e) Enforcement. Failure to adhere to the standards required under this
section shall constitute a violation subject to the enforcement provisions
of section 9.0010 through 9.0280 General Administration.
Section 9. Subsections (4), (5)(e)3. and (5)(e)6. of Section 9.2775 of the Eugene Code,
1971, are amended to provide as follows:
9.2775 Residential Flag Lot Standards for R-1, R-2, R-3 and R-4.
(4) Use Regulations. Residential flag lots have the same land use regulations
as the base zone except:
(a) Home occupations are not allowed on residential flag lots less than
13,500 square feet; and
(b) Accessory dwellings are not allowed on flag lots less than 12,500
square feet.
(5) Development Standards.
(e) Additional Standards for Accessory Dwellings on Flag Lots.
Ordinance - Page 7 of 17
Building Height/Interior Setback.
a. Except as provided in subsection b. below, interior yard
setbacks shall be at least 10 feet. In addition, at a point that
is 10 feet above finished grade, the setback shall slope at
the rate of 10 inches vertically for every 12 inches
horizontally away from the property line until a point not to
exceed a maximum building height of 18 feet for detached
accessory dwellings and the maximum building height of the
primary dwelling for attached accessory dwellings.
b. For an accessory dwelling located above a garage or
located where there is a grade change of 5 feet or more
when measured from lowest finished grade to highest
finished grade at points within a 5 -foot horizontal distance of
the exterior walls of the accessory dwelling (See Figure
9.2751(17)(a)3.b.(2)(A) Building Height Calculation &
Sloped Setback for Sloped Lots), the following standards
apply:
(1) For an interior lot line that is not addressed in b.(2)
below, the minimum interior yard setback from that lot
line is 10 feet and the maximum building height is 25
feet.
(2) Where an interior lot line abuts property that is zoned
R-1, R-1.5, S-C/R-1 or S-RN/LDR„ the interior yard
setbacks shall be at least 10 feet. In addition, at a
point that is 18 feet above finished grade, the setback
shall slope at the rate of 10 inches vertically for every
12 inches horizontally away from the property line to a
maximum building height of 25 feet. If the building is
setback a minimum of 20 feet from an interior property
line, the sloped portion of the setback does not apply
along that property line. (See Figure
9.2751(17)(a)3.b.(2)(B) Accessory Dwelling Above
Garage)
C. Exceptions. If the accessory dwelling is above a garage or
on a slope as described in EC 9.2775(5)(e)3.b. above, an
accessory dwelling's dormers may intrude into the sloped
portion of any interior yard setback if:
(1) The total width of all dormers does not exceed fifty
percent of the width of the roof on which the dormers
are located (for hipped roofs, the width of the roof shall
be measured at the eave); and
(2) The walls of the dormer(s) are set back a minimum of
2 feet from the face of all exterior building walls of the
accessory dwelling.
(See Figure 9.2751(17)(a)3.c.(2) Dormer Placement &
Size Calculation)
d. The allowances for setback intrusions provided at EC
9.6745(3) do not apply within the setback described in a.
above, except that eaves and chimneys are allowed to
project into this setback no more than 2 feet.
Ordinance - Page 8 of 17
Adjustments. The standards at EC 9.2775(5)(e)4.b. and d.
regarding driveway setbacks and landscaping may be adjusted in
accordance with EC 9.8030(34)(b).
Section 10. Subsection (2) of Section 9.3060 of the Eugene Code, 1971, is amended to
provide as follows:
9.3060 S -C Chambers Special Area Zone — Land Use and Permit Reauirements and
Special Use Limitations. Except where the standards in EC 9.3065 S -C Chambers
Special Area Zone Development Standards specifically provide otherwise:
(2) The land use and permit requirements and special use limitations applicable in
the S-C/R-2 subarea shall be those set out at EC 9.2740 and EC 9.2741 for
uses in the R-2 zone, except that any additional (interior, attached or
detached) residential structure that is used in connection with or that is
accessory to a single family dwelling may be permitted on a lot only as an
additional "One -Family Dwelling" and not as an "Accessory Dwelling."
Section 11. The "Dwellings" subsection in the 'Residential' section in Table 9.3115 of the
Eugene Code, 1971, is amended to provide as follows:
Table 9.3115 S -CN Chase Node Special Area Zone
Land Uses and Permit Requirements
Land Use Type
C
HDR/MU
HDR
Residential
Dwellings (All dwellings shall meet minimum and maximum
density requirements for development within the Chase
Gardens Plan area.)
One Family Dwelling per lot (Includes zero lot line
P
P
dwellings)
Accessory Dwelling (1 Per Detached One -Family
P
P
Dwelling on Same Lot)
Controlled Income and Rent Housing where density is
S
S
above that normally required in the zoning district but
does not exceed 150% of the maximum permitted
density. (Shall comply with multiple -family standards in
EC 9.5500.
Rowhouse (One -family on own lot attached to adjacent
P(3)(4)
P(3)(4)
P(3)(4)
residence on separate lot)
Duplex (Two-family attached on the same lot)
P
P
Tri-plex (Three family attached on the same lot) (See
P
P
EC 9.5500)
Four-plex (Four -family attached on the same lot) (See
S
S
EC 9.5500)
Ordinance - Page 9 of 17
Table 9.3115 S -CN Chase Node Special Area Zone
Land Uses and Permit Requirements
Land Use Type
C
HDR/MU
HDR
Multiple Family (3 or more dwellings on the same lot)
(See 9.5500)
S
S
S
Manufactured Home Park (See 9.5400)
Accessory Dwelling 1 Per Detached One -Family Dwelling on Same Lot
P
P(5)
Section 12. The "Maximum Building Height" section in Table 9.3125(3)(g) of the Eugene
Code, 1971, is amended to provide as follows:
Table 9.3125(3)(g) S -CN Chase Garden Node
Special Zone Development Standards
(See EC 9.3126 Special Development Standards for Table 9.3125(3)(g).)
C HDR/MU HDR
Maximum Building Height (3)
Main Building 50' commercial, 120' except (3), 120'
120' residential 35' or 2 stories
or residential within 50' of
above Garden Way
commercial
Accessory Building. 30' 30'
Accessory Dwellings Detached from Main 30' 30'
Building
Section 13. The "Dwellings" subsection in the "Residential" section in Table 9.3210 of the
Eugene Code, 1971, is amended to provide as follows:
Table 9.3210 S -DW Downtown Westside Special Area Zone
Uses and Permit Requirements
S -DW
Residential
Dwellings (All dwellings types are permitted if approved through the Planned Unit
Developmentprocess.)
One -Family Dwelling 1 Per Lot
P
Accessory Dwelling 1 Per Detached One -Family Dwelling on Same Lot
P
Rowhouse (One -Family on Own Lot Attached to Adjacent Residence on
Separate Lot with Garage or Carport Access to the Rear of the Lot
P
Duplex
P
Tri- lex(Three-Family Attached on Same Lot
P
Four- lex Four Family Attached on Same Lot
P
Multiple -Family 3 or More Dwellings on Same Lot See EC 9.5500
P
Ordinance - Page 10 of 17
Section 14. Subsection (2) of Section 9.3215 of the Eugene Code, 1971, is amended to
provide as follows:
9.3215
KP201C.]TJ[.rx.■ilk 1Yl61MIGII QYT.]I
Special Development Standards for Table 9.3215, all residential development
shall be subject to the standards established for the R-4 zone. Accessory
dwellings shall be subject to the R-4 standards, except EC 9.2751(17).
Section 15. The "Dwellings" subsection in the "Residential" section in Table 9.3310 of the
Eugene Code, 1971, is amended to provide as follows:
Table 9.3310 S -E Elmira Road Special Area Zone
Uses and Permit Requirements
S -E
Residential
Dwellings
One -Family Dwelling 1 Per Lot
P
Accessory Dwelling 1 Per Detached One -Family Dwelling on Same Lot
P
Rowhouse (One -Family on Own Lot Attached to Adjacent Residence on Separate
Lot with Garage or Carport Access to the Rear of the Lot
P
Duplex(Two-Family Attached on Same Lot
P
Multiple Family 3 or More Dwellings on Same Lot See EC 9.5500
PUD
Section 16. Subsection (1) of Section 9.3510 of the Eugene Code, 1971, is amended to
provide as follows:
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 permitted within the S -HB zone areas follows:
(1) Areas Designated for Low and Medium Density Residential. Allowable
uses are:
(a) One -family dwellings.
(b) Accessory Dwelling (1 Per Detached One -Family Dwelling on Same
Lot).
(c) Duplexes.
(d) Triplexes.
(e) Four-plexes.
(f) Multiple -family dwellings.
(g) Home occupations.
(h) Bed and breakfast facilities.
Ordinance - Page 11 of 17
Section 17. Section 9.3615 of the Eugene Code, 1971, is amended to provide as follows:
9.3615
ial Use Limitations. The land use and permit
use limitations aDDlicable in the S -JW Jefferson Westside
Special Area Zone shall be those set out at EC 9.2740 and EC 9.2741 for uses in
the R-2 zone, except:
(1) The following uses listed on Table EC 9.2740 are prohibited in the S -JW
Jefferson Westside Special Area Zone:
(a) Correctional Facilities.
(b) C-1 Neighborhood Commercial Zone permitted uses, unless such a use
is specifically listed in another row on Table 9.2740 as an allowable use
under the "R-2" column.
(2) Any additional (interior, attached or detached) residential structure that is used
in connection with or that is accessory to a single family dwelling may be
permitted on a lot only as an additional "One -Family Dwelling" and not as an
"Accessory Dwelling."
Section 18. Subsection (7) of Section 9.3625 of the Eugene Code, 1971, is amended to
provide as follows:
9.3625 S -JW Jefferson Westside Special Area Zone DevelODment Standards
(7) Parking Standards.
(a) Except as provided in (3)(d)3. above and (7)(b) below, each dwelling
shall have one on -street or on-site vehicle parking space for every three
bedrooms, rounded up to the next whole number (i.e. a four-bedroom
dwelling must have at least two parking spaces). For purposes of this
subsection, each uninterrupted twenty feet of lot line that abuts a street
right -of -away where parking is legal within the entirety of that twenty feet
shall count as one on -street parking space. The twenty feet may not
include any portion of a curb cut.
(b) When there are two or more dwellings and there is no on -street parking
space, as defined in subsection (7)(a) above, the parking space
requirement shall be waived for one dwelling that has primary vehicle
access from the street and no more than three bedrooms.
(c) No portion of a vehicle parking area may be located in the area defined
by the Street Setback minimum standard (i.e., from which structures,
other than permitted intrusions, are excluded) or between the street and
the residential building fagade that faces, and is closest to, the street.
(See Figure 9.3625(7)(b) Vehicular (No) Parking Areas).
Ordinance - Page 12 of 17
Section 19. The "Dwellings" subsection in the 'Residential' section in Table 9.3810 of the
Eugene Code, 1971, is amended to provide as follows:
Table 9.3810 S -RN Royal Node Special Area Zone
Land Uses and Permit Reuirements
LDR I MDR RMU I CMU MSC
Residential
Dwellings. (All dwellings shall meet minimum and
maximum density requirements for development within
the Royal Specific Plan area. All dwelling types are
permitted.)
One -Family Dwelling (1 Per Lot, includes zero lot
P
P
P
line dwellings)
Accessory Dwelling (1 Per Detached One -Family
P(1)
P(1)
P(1)
Dwelling on Same Lot
Rowhouse (One -Family on Own Lot Attached to
P(2)
P(2)
P(2)
P(2)
P(2)
Adjacent Residence on Separate Lot with Garage
(3)
(3)
(3)
(3)
(3)
or Carport Access to the Rear of the Lot
Duplex(Two-Family Attached on Same Lot
P
P
P
Tri-plex (Three family attached on the same lot)
P
P
P
P
See EC 9.5500
Four-plex (Four -Family Attached on Same Lot)
P
P
P
See EC 9.5500
Multiple -Family (3 or More Dwellings on Same Lot)
S(3)
S(3)
S(3)
S(3)
S(3)
See EC 9.5500
9
9
9
9
9
Manufactured Home Park. Shall comply with EC
S_
S_
-
9.5400
9.5400 or site review.
SR
SR
4
4
Controlled Income and Rent Housing where
S(9)
S(9)
density is above that normally permitted in the
zoning district but does not exceed 150% of the
maximum permitted density. (Shall comply with
multiple -family standards in EC 9.5500.
Section 20. Subsection (1) of Section 9.3811 of the Eugene Code, 1971, is amended to
provide as follows:
9.3811 Special Use Limitations for Table 9.3810.
(1) Accessory Dwellings. Accessory dwellings shall conform to all of the
following:
(a) The dwelling shall not exceed 800 square feet unless occupying the full
story of a multi -story structure with ground floor residential use.
(b) There shall be at least 1 off-street parking space on the property.
(c) The dwelling shall be located on a lot that is not a flag lot.
(d) Detached accessory dwellings shall:
1. Comply with the residential density limitations in Table
9.3815(3)(n) Royal Node Special Area Zone Development
Standards.
2. Provide a pedestrian walkway from the street or alley to the
primary entrance of the accessory dwelling.
Ordinance - Page 13 of 17
3. The primary entrance to an accessory dwelling shall be defined by
a roofed porch.
4. Outdoor storage and garbage areas shall be screened from view
from adjacent properties and those across the street or alley.
Section 21. The "Maximum Building Height" section in Table 9.3815(3)(n) of the Eugene
Code, 1971, is amended to provide as follows:
Table 9.3815(3)(n) S -RN Royal Node Special Zone Development Standards
(See EC 9.3816 Special Development Standards for Table 9.3815(3)(n).)
LDR MDR RMU CMU MSC
Maximum Building Height
Main Building 35 feet 35 feet 50' 50' 50'
Accessory Building 25 feet 25 feet 50' 50' 50'
Accessory Dwellings Detached 25 feet 25 feet 25 feet
from Main Building
Section 22. The "Accessory Uses" section, and the "Dwellings" subsection of the
"Residential" section in Table 9.3910 of the Eugene Code, 1971, are amended to provide as
follows:
Table 9.3910 S -W Whiteaker Special Area Zone Uses and Permit Requirement
S -W
Accessory Uses
Accessory Uses. Examples related to residential uses include a garage, storage
P
shed, bed and breakfast facility (see EC 9.5100) and home occupations (see EC
9.5350). Examples relating to commercial and employment and industrial uses
include security work, administration activity and sales related to industrial uses
manufactured on the same development site, and storage and distribution incidental
to the primary use of the site.
Residential
Dwellings
One -Family Dwelling
P(2)
Accessory Dwelling 1 Per Detached One -Family Dwelling on Same Lot
P(2)
Rowhouse (One -Family on Own Lot Attached to Adjacent Residence on Separate Lot
P(2)
with Garage or Carport Access to the Rear of the Lot
Duplex(Two-Family Attached on Same Lot
P(2)
Tri- lex(Three-Family Attached on Same Lot
P(2)
Multiple Family 3 or More Dwellings on Same Lot See EC 9.5500
P(2)
Section 23. The first paragraph and subsection (1) of Section 9.3915 of the Eugene
Code, 1971, are amended, and a new subsection (13) is added, to provide as follows:
9.3915 S -W Whiteaker Special Area Zone Development and Lot Standards. Except as
provided in subsections (5) to (13) of this section, sections 9.6000 to 9.6885
Ordinance - Page 14 of 17
General Standards for All Development in this land use code shall apply within this
S -W zone. In the event of a conflict between the general development standards of
this land use code and the standards set forth in this section, the specific provisions
of this section shall control.
(1) Residential Standards. Except as provided in subsections (5) to (13) of this
section, all residential development shall be subject to the standards
established for the C-2 zone.
(13) Accessory dwellings shall be subject to the standards established at EC
9.2750 and EC 9.2751(17).
Section 24. Subsection (4)(a) of Section 9.3970 of the Eugene Code, 1971, is amended
to provide as follows:
9.3970 S -WS Walnut Station Special Area Zone Development Standards ADDlicable to
All Properties in the Walnut Station Special Area Zone.
(4) Parking Requirements.
(a) Required off-street motor vehicle parking. The following minimum and
maximum parking standards apply instead of the standards in Table
9.6410. The provisions in EC 9.6410(1)(a) through (c), EC 9.6415 (1)
through (3), EC 9.6420(1), (2), (3)(a), (b), and (e), (4), (5), and (6), apply
to the siting and design of parking and loading facilities in the Walnut
Station area. Uses not listed do not have a parking requirement.
Use
Minimum Number of Off-
street Parking Spaces
Maximum Number of Off -Street Parking
Spaces
Residential
No off-street parking
Except for required parking spaces for
spaces are required for
persons with disabilities, a maximum of 2.25
accessory dwellings.
parking spaces are allowed per dwelling
unit.
Except as provided in an
adjustment pursuant to EC
9.8030(29), the minimum
number of required
parking spaces for all
other residential uses shall
be .5 parking spaces per
dwelling unit.
Non-
Except as provided in an
Except for required parking spaces for
Residential
adjustment pursuant to EC
persons with disabilities, spaces provided in
Uses
9.8030(29), the minimum
park and ride lots operated by a public
number of required
transit agency, and spaces within structured
parking spaces shall be 1
parking with two or more levels, the
parking space for every
maximum number of parking spaces is 1
660 square feet of gross
parking space per every 250 square feet of
floor area.
gross floor area.
Ordinance - Page 15 of 17
Section 25. The following entry in the "Dwellings" subsection of the 'Residential' section
in Table 9.6410 of the Eugene Code, 1971, is amended to provide as follows:
Table 9.6410 Required Off -Street
Motor Vehicle Parkin
Uses
Minimum Number of Required Off -Street
Parking Spaces
Residential
Dwelling
Accessory Dwelling (Either attached or detached
0
from primary one -family dwelling on same lot) /
Additional one -family dwelling in the R-2 subarea
of the S -C Chambers Special Area Zone
Section 26. Subsection (34) of Section 9.8030 of the Eugene Code, 1971, is amended to
provide as follows:
9.8030 Adjustment Review - Approval Criteria. The planning director shall approve,
conditionally approve, or deny an adjustment review application. Approval or
conditional approval shall be based on compliance with the following applicable
criteria.
(34) Accessory Dwellings. Where this land use code provides that the standards
for accessory dwellings may be adjusted, the standards may be adjusted upon
demonstration by the applicant that the applicable corresponding criteria are
met.
(a) Conversion of Existing Building. A legally established building existing
as of August 29, 2014, may be converted to an accessory dwelling if it
complies with all of the following:
1. The existing structure satisfies all accessory dwelling standards
except the applicable sloped setback under Building
Height/Interior Setback at EC 9.2571(17)(a)3. or EC
9.2751(17)(b)5.
2. The accessory dwelling is limited to 600 square feet in total
building square footage.
3. If the existing structure is closer than 5 feet to an interior property
line, there must be a 10 -foot separation between the accessory
dwelling and buildings on the abutting lot and the owner of the
accessory dwelling must secure and record in the office of the
Lane County Recorder a maintenance access easement adjacent
to the intruding side of the building. The easement shall provide a
5 -foot wide access the entire length of the building and 5 feet
beyond both ends and require the continuation of a 10 -foot
separation between buildings on the separate lots. The easement
shall be on a form provided by the city and be subject to payment
of a fee set by the city manager.
(b) Accessory Dwellings on Flag Lots. Where natural features or other
physical conditions make it impracticable to comply with the driveway
setback and landscape screening requirements, the following
Ordinance - Page 16 of 17
adjustments are allowed:
1. Except as provided in 2. below, the driveway setback may be
reduced to no less than four feet; however, in no event shall the
setback be reduced more than is necessary to enable the
driveway to meet the minimum driveway width, or
2. The driveway setback may be reduced to no less than one foot,
and screening requirements may be reduced or eliminated, where
a. The zoning of the adjacent property does not allow for
residential uses; and
b. The impacts of the adjacent uses would not be significantly
worse under the reduced setback or lessened screening.
Section 27. The findings set forth in Exhibit B attached to this Ordinance are adopted as
findings in support of this Ordinance.
Section 28. 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 29. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is 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 hereof.
Passed by the City Council this
215` day of January, 2020
i
City Recorder
Ordinance - Page 17 of 17
Approved by the Mayor this
-.2 day of January, 2020
Mayor
Figure
9.2751(16)(b)3.
EXHIBIT A
Page I of 4
Accessory Buildings and Alley Access Lots
,------- -------♦
10 N
0i
00
Oj
00
5 feet
interior Yard Setback
Accessory Dwellings
12
to
442
Qj
CL
5 feet
InteriorYard Setback
EXHIBIT A
Page 2 of 4
Figure
9.2751(17)(a)3.b.(2)(A)
20' or more from lot line, sloped setback does not apply
i
i�
Highest roof point not to exceed 25 feet
..................................... --- ------ -- --
Setback shall slope at a rate of
10 inches vertically for every 12
12 inches horizontally to F
Y
O
C Y
M N
ai _0 C
O- i 6 L
O ZP _ N
L n
O ^ m N
C 4- 43J
O V
C O L N
is > tr O
(U O F
L L =
Y 5 feet )p
Grade
CUY
C N
Y O
E
Q
O O
a �
4 5 feet
F— 5 feet v'
(10 feet for flag lots)
Grade �r
20 feet 120 r more from lot line, sloped setback does not apply
Figure
9.2751(17)(a)3.b.(2)(B)
Setback shall slope at a rate of
10 inches vertically for every
12 inches horizontally
; ( 5 feet
EXHIBIT A
Page 3 of 4
Accessory Dwelling Above Garage
20' or more from lot line, sloped setback does not apply
i
i
i�
12
10I
i
i
0
Y
Ln
�-+ 0.0
N
43J
-0
41-U y -C 0)
0�0 Cl
VX
O
N m
CL C
O�
y
Y
20 feet
20' or more from lot line, sloped setback does not apply
EXHIBIT A
Page 4 of 4
Figure
9.2751(17)(a)3.c.(2)
E1
Total up to 50% of roof width
Vit-- upto50%ofroofwidth —oo, 1
Roofwidth 4 Roofwidth
FE 7E] 7EE 11 FE EM FM7
Ell IDI
Exhibit B
Findings Addressing Eugene Code 9.8065
Secondary /Accessory Dwellings
(City File CA 18-1)
Findings
Eugene Code Section 9.8065 requires that the following approval criteria (in bold italics) be
applied to a land use code amendment:
(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 community involvement which insure the opportunity
for citizens to be involved in all phases of the planning process and set out requirements for
such involvement. These land use code amendments do not amend the citizen involvement
program. The process for adopting these amendments complied with Goal 1 because the
process is consistent with the City's acknowledged citizen involvement provisions for code
amendments, as codified in the City's land use code.
For the initial adoption, a Notice of Proposed Amendment was filed with the Oregon
Department of Land Conservation and Development on January 30, 2018. A public hearing was
held by the Planning Commission on March 6, 2018. Consistent with land use code
requirements, the Planning Commission public hearing on the proposal was duly noticed to all
neighborhood organizations in Eugene, as well as community groups and individuals who
requested notice. On March 26, 2018, the Planning Commission recommended that the City
Council approve the proposed the amendments. On March 27, 2018, a Revised Notice of
Proposed Amendment was filed with the Oregon Department of Land Conservation and
Development, incorporating the Planning Commission's recommendations to the amendments.
A public hearing before the City Council was held April 16, 2018. Prior to the hearing, notice of
the public hearing was mailed to those who provided oral or written testimony during the
planning commission hearing procedures, and those who requested notice of the planning
commission's decision, and published in the Register Guard, consistent with land use code
requirements. Information concerning the proposed amendments, including the dates of the
public hearings and meeting materials, was posted on the City of Eugene website.
https://www.eugene-or.gov/764/Land-Use-Code-Amendments
Exhibit B
Upon adoption, the ordinances were subsequently appealed to the Land Use Board of Appeals
(LUBA) by several parties. Following the LUBA decision on November 29, 2018 remanding the
ordinances, the City Council held a work session on February 20, 2019 to begin addressing the
remand. At the meeting, Council reviewed the regulations raised in the LUBA appeal to provide
an initial determination if they are "reasonable regulations relating to siting and design"
consistent with ORS 197.312(5). Council provided direction for staff to return with a proposed
ordinance to eliminate some regulations along with findings to justify how the remaining
regulations raised in the LUBA appeal are consistent with ORS 197.312(5). For the remand, a
Revised Notice of Proposed Amendment was filed with the Oregon Department of Land
Conservation and Development on May 3, 2019. A public hearing before the City Council was
held May 20, 2019. The City Council public hearing on the proposal was noticed to all
neighborhood organizations in Eugene, as well as community groups and individuals who
requested notice, including interested parties from the initial adoption. Notice of the public
hearing was published in the Register Guard. Information concerning the proposed
amendments, including the dates of the public hearings, were posted on the City of Eugene
website. In addition, an interested parties email list was maintained, and email updates were
provided at each step.
These processes afford ample opportunity for citizen involvement consistent with Goal 1.
Therefore, the ordinance is 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.
Eugene's land use code specifies the procedure and criteria that were used in considering these
amendments. The record shows that there is an adequate factual basis for the amendments.
The Goal 2 coordination requirement is met when the City engages in an exchange, or invites
such an exchange, between the City and any affected governmental unit and when the City
uses the information obtained in the exchange to balance the needs of the citizens.
To comply with the Goal 2 coordination requirement, the City engaged in an exchange about
the subject of these amendments with all of the affected governmental units. Specifically, the
City provided notice of the proposed action and opportunity to comment to the Oregon
Department of Land Conservation and Development, as well as to Lane County and the City of
Springfield. There are no exceptions to Statewide Planning Goal 2 required for these
amendments. Therefore, the amendments are consistent with Statewide Planning Goal 2.
Goal 3 - Agricultural Lands. To preserve agricultural lands.
The amendments are for property located within the urban growth boundary and do not affect
any land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply.
Goal -Forest Lands. To conserve forest lands.
Exhibit B
The amendments are for property located within the urban growth boundary and 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 Goals 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.-
(a)
f:(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 S;
(b) The PAPA allows new uses that could be conflicting uses with a particular significant
Goal s 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.
These amendments do not create or amend the City's list of Goal 5 resources, do not amend a
code provision adopted 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 urban growth boundary. Therefore,
Statewide Planning Goal 5 does not apply.
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 ability to provide 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 affect the City's restrictions on development
in areas subject to natural disasters and hazards. Further, the amendments do not allow for
new development that could result in a natural hazard. Therefore, Statewide Planning Goal 7
does not apply.
Exhibit B
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 affect the City's provisions for or access to recreation areas, recreational
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.
Goal 9 requires cities to evaluate the supply and demand of commercial land relative to
community economic objectives. The amendments do not impact the supply of industrial or
commercial lands. Therefore, the amendments are consistent with Statewide Planning Goal 9.
Goa110 - Housing. To provide for the housing needs of citizens of the state.
Goal 10 requires communities to provide an adequate supply of residential buildable land to
accommodate estimated housing needs for a 20 -year planning period. The Residential Lands
Supply Study (2017) was adopted by the City of Eugene as a refinement of the Envision Eugene
Comprehensive Plan and complies with the requirements of Goal 10 and the corresponding
Administrative Rule. According to the Residential Lands Supply Study, there is sufficient
buildable residential land to meet the identified land need.
The amendments do not impact the supply of residential buildable land. No land is being re-
designated from residential use to a nonresidential use, and the amendments do not otherwise
diminish the amount of lands available for residential use. Rather, the amendments increase
the capacity of existing residential land, by increasing the potential number of dwelling units
that could be built without adversely impacting the residential land inventory.
The provisions specific to the S -JW Jefferson Westside and the S -C Chambers Special Area Zones
recognize that those zones already allow for a second one -family dwellings that can be an
interior, attached or detached residential structure that is used in connection with or that is
accessory to a single-family dwelling, and are therefore already in compliance with state law.
Findings demonstrating consistency with ORS 197.312(5) are provided as a separate
attachment.
Accordingly, the amendments do not impact the supply or availability of residential lands
included in the documented supply of "buildable land" that is available for residential
development as inventoried in the acknowledged Residential Lands Supply Study. Therefore,
the amendments are consistent with Statewide Planning Goal 10.
rd
Exhibit B
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.
The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement:
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land
use regulation (including a zoning map) would significantly affect an existing or planned
transportation facility, then the local government must put in place measures as
provided in section (2) of this rule, unless the amendment is allowed under section (3),
(9) or (10) of this rule. A plan or land use regulation amendment significantly affects a
transportation facility if it would:
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection
based on projected conditions measured at the end of the planning period
identified in the adopted TSP. As part of evaluating projected conditions, the
amount of traffic projected to be generated within the area of the amendment
may be reduced if the amendment includes an enforceable, ongoing requirement
that would demonstrably limit traffic generation, including, but not limited to,
transportation demand management. This reduction may diminish or completely
eliminate the significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
(8) Degrade the performance of an existing or planned transportation facility
such that it would not meet the performance standards identified in the
TSP or comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility
that is otherwise projected to not meet the performance standards
identified in the TSP or comprehensive plan.
The amendments do not change the functional classification of a transportation facility, change
the standards implementing a functional classification system or degrade the performance of a
facility otherwise projected to not meet performance standards. As such, the amendments do
not have a significant effect under (a), (b) or (c). Therefore, the amendments do not
significantly affect any existing or future transportation facilities. Based on the above findings,
the amendments are consistent with Statewide Planning Goal 12.
Exhibit B
Goal 13 - Energy Conservation. To conserve energy.
The amendments do not impact energy conservation. 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 contain any changes that affect the Willamette River Greenway
regulations. Therefore, Statewide Planning Goal 15 does not apply.
Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean
Resources.
There are no coastal, ocean, estuarine, or beach and dune resources related to the property
affected by these amendments. 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 comprehensive plan and
applicable adopted refinement plans.
Applicable Metro Plan Policies
The following policies from the Metro Plan's Metropolitan Residential Land Use and Housing
Element
(identified below in italics) are applicable to these amendments. To the extent that the
following policies constitute mandatory approval criteria, based on the findings provided
below, the amendments are consistent with and supported by the applicable provisions of the
Metro Plan.
Residential Density
A.10 Promote higher residential density inside the UGB that utilizes existing infrastructure,
improves the efficiency of public services and facilities, and conserves rural resource
lands outside the UGB.
Consistent with this policy, the amendments create more opportunities citywide for accessory
dwellings by allowing them in additional zones and by removing several standards. Since
Exhibit B
accessory dwellings are a second smaller dwelling on a lot that contains a primary dwelling,
there are efficiencies because the existing infrastructure, public facilities and services can be
utilized for the accessory dwelling.
A.13 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 future
neighborhoods.
Consistent with this policy, the amendments create more opportunities citywide for accessory
dwellings in areas designed for residential use by increasing the number of zones where
accessory dwellings are allowed, and by removing several standards that are not reasonable
regulations related to siting and design. The remaining standards, such as building height,
setbacks and building size ensure that accessory dwellings have minimal impact on surrounding
properties in existing and future neighborhoods.
A. 14 Review local zoning and development regulations periodically to remove barriers to
higher density housing and to make provision for a full range of housing options.
Consistent with this policy, the amendments provide for more opportunities for accessory
dwellings by increasing the number of zones where accessory dwellings are allowed, and by
removing several standards that are barriers because they are not reasonable regulations
related to siting and design. The amendments attempt to strike a balance between maintaining
livability within existing neighborhoods and and providing housing for all income levels.
Housing Type and Tenure Policies
A.17 Provide opportunities for a full range of choice in housing type, density, size, cost, and
location.
A.18 Encourage a mix of structure types and densities within residential designations by
reviewing and, if necessary, amending local zoning and development regulations.
Consistent with these policies, the amendments provide for more opportunities for smaller
housing types within residential areas by increasing the number of zones where accessory
dwellings are allowed, and by removing several standards that are unreasonable regulations
related to siting and design.
Affordable, Special Need, and Fair Housing
A.31 Consider the unique housing problems experienced by special needs populations,
including the homeless, through review of local zoning and development regulations,
other codes and public safety regulations to accommodate these special needs.
A.33 Consider local zoning and development regulations impact on the cost of housing.
Exhibit B
Consistent with these policies, the City considered all potential users of accessory dwellings,
including special needs populations. By increasing the number of zones where accessory
dwellings are permitted, there will be more opportunities for this housing type, which can serve
as home for a variety of populations. In addition, the removal of several standards increases
the opportunities for this housing type and removes barriers to their development, which can
effectively reduce costs.
Envision Eugene Comprehensive Plan
The Envision Eugene Comprehensive Plan does not contain any policies relevant to these
amendments.
Applicable Refinement Plans
Given the broad applicability of these amendments, all adopted refinement plans were
reviewed for consistency. No relevant policies were found in the following adopted refinement
plans:
o Bethel-Danebo Refinement Plan (1982)
o Bethel-Danebo Refinement Plan Phase II (1977)
o Eugene Downtown Plan (2004)
o Eugene (EWEB) Downtown Riverfront Specific Area Plan (2013)
o Fairmount/U of O Special Area Study (1982)
o Laurel Hill Neighborhood Plan (1982)
0 19th and Agate Special Area Study (1988)
o South Hills Study (1974)
o South Willamette Subarea Study (1987)
o Walnut Station Specific Area Plan (2010)
o Westside Neighborhood Plan (1987)
o West University Refinement Plan (1982)
o Whiteaker Plan (1994)
o Willow Creek Special Area Study (1982)
Findings addressing relevant provisions of applicable refinement plans are provided below.
Jefferson Far West Refinement Plan (1983)
The following residential policies in the Land Use Element of the plan lend general support for
the amendments:
3.0 Encourage a mixture of housing densities and types to allow a diverse population
group to live in the area.
The amendments are consistent with these policies in that they will continue to provide the
opportunity for smaller single-family housing types.
River Road -Santa Clara Urban Facilities Plan (1987)
E;3
Exhibit B
The following policies from the Residential Land Use section are relevant:
1.0 Recognize and maintain the predominately low-density residential character of the
area consistent with the Metro Plan.
2.0 Provide a diversity of housing types in the area. Available techniques include
encouraging reinvestment and rehabilitation of existing housing stock and the use of
development standards that provide for clustering or planned unit development.
Consistent with these policies, the amendments allow for accessory dwellings (a smaller type of
single-family housing) in additional areas within these neighborhoods.
Willakenzie Area Plan (1992)
Although there are no policies in this refinement plan that directly address the amendments or
constitute mandatory approval criteria, the following land use policies lends general support for
the amendments:
Residential Policies
1. Maintain the existing low-density residential character of existing Willakenzie
neighborhoods, while recognizing the need to provide housing for all income groups in
the city.
4. Encourage a mixture of housing densities and types to address the housing needs of a
diverse population.
The amendments to allow for accessory dwellings in additional residential areas strike a
balance between maintaining the character of existing low-density neighborhoods and
providing housing for all income levels, consistent with this policy.
Based on the above findings, the proposal is consistent with and supported by the applicable
provisions of these adopted plans.
Based on the above finding, this criterion is met.
(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
F]
Exhibit B
FINDINGS ADDRESSING ORS 197.312(5)
Secondary /Accessory Dwellings
(City File CA 18-1)
Background
In 2017, the Oregon Legislature adopted a new law, Senate Bill 1051 as part of its efforts to promote
housing affordability statewide. Pertinent is the portion of the law that addresses "accessory dwelling
units" codified in the Oregon Revised Statutes at ORS 197.312(5).
At ORS 197.312(5)(b), the law defines "accessory dwelling unit" as an
"interior, attached or detached residential structure that is used in connection with or
that is accessory to a single-family dwelling."
At ORS 197.312(5)(a), the law requires:
"A city with a population greater than 2,500 ... shall allow in areas zoned for detached
single-family dwellings the development of at least one accessory dwelling unit for each
detached single-family dwelling, subject to reasonable local regulations relating to siting
and design."
The City set out to address the new law in two phases. In the first phase, the City amended the code to
adopt the "accessory dwelling unit" term, and its statutory definition, in place of the City code's similar
but not identical "secondary dwelling" term and definition. This first phase also amended the code to
add the explicit allowance for "accessory dwelling units" in most zones the City Council found to be
"areas zoned for detached single-family dwellings." In some ways, this was an exercise in semantics,
because the City already allowed an additional residence within the City's residential zones on lots that
meet development standards. Prior to these amendments, the City's code referred to the additional
dwelling as either a "secondary dwelling" or simply as an additional one -family dwelling on a lot. The
City Council approved the "phase 1" amendments to the land use code on June 11, 2018. The second
phase of amendments was intended to ensure the code's development standards for these additional
dwellings are "reasonable local regulations relating to siting and design" as required by ORS.312(5)(a).
The first phase amendments were appealed to the Oregon Land Use Board of Appeals (LUBA). LUBA
issued a decision remanding the City Council's ordinances on November 29, 2018. Consistent with
LUBA's Order, the City is now reconsidering its phase one work, including the required review of the
identified development standards to ensure they are subject only to "reasonable local regulations
relating to siting and design."
City Council held a work session on February 20, 2019 to begin addressing the remand. At that meeting,
Council reviewed the accessory dwelling regulations raised in the LUBA appeal to provide initial
direction for staff work on code amendments. Essentially, the Council provided staff with an initial "hit"
as to whether the identified code provisions are "reasonable regulations relating to siting and design"
consistent with ORS 197.312(5)(a). Council provided direction for staff to return with a proposed
10
Exhibit B
ordinance that, if passed, would eliminate some of the regulations identified in the LUBA appeal.
Council also asked that staff provide findings to explain how the retained regulations are consistent with
ORS 197.312(5)(a).
These findings pertain to the regulations identified in LUBA's remand that the City Council has
determined to be consistent with ORS 197.312(5) and is retaining in the City Code.
The terms "used in connection with," "accessory to," "reasonable," "siting" and "design" are not defined
in state law or in the Eugene Code, nor is there any useful textual, contextual or legislative history of the
terms associated with Senate Bill 1051. The definitions from the Webster's Third New International
Dictionary (2002) were consulted by Council, as described below.
"Connection" ("in connection with" is not defined) is defined as relevant here to mean: "the act
of connecting;" "a coming into or being put in contact."
"Accessorl' ("accessory to" is not defined) is defined as relevant here to mean: a "a thing of
secondary or subordinate importance (as in achieving a purpose or an effect)" or b "an object or
device that is not essential in itself but that adds to the beauty, convenience, or effectiveness of
something else."
"Site" ("siting" is not defined) is defined as relevant here to mean "the local position of building,
town, monument or similar work either constructed or to be constructed, esp. in connection
with its surroundings;" "a space of ground occupied by or to be occupied by a building;" and
"land made suitable for building purposes by dividing into lots, laying or streets and providing
facilities (as water, sewers, power supply)."
Given this definition of "site" and the new law's explicit grant of some local regulatory authority over
siting, it would be reasonable to find that "regulations relating to siting" include both: (1) regulations
that specify the necessary lot characteristics for the siting of an accessory dwelling; and (2) regulations
that specify where, on such a lot, an accessory dwelling may be sited.
"Design" is defined as "a scheme for the construction, finish, and ornamentation of a building as
embodied in the plans, elevations, and other architectural drawings pertaining to it."
It would be reasonable, for example, to find that "regulations relating to design" include regulations that
address height and size.
"Reasonable" is defined as "being or remaining within the bounds of reason; not extreme; not
excessive ***; not demanding too much."
The City Council incorporates this into the analysis by considering whether a regulation is so important
for addressing a legitimate government concern that it justifies the limitation it may place on the
number of accessory dwelling units that may be established in the City.
Findings
For the City Council's convenience, the Eugene Code regulations addressed below are presented in the
same order as the list of topics that was provided in Attachment A to the agenda item summary for the
February 20, 2019 City Council work session.
11
Exhibit B
9.0500 Definitions. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Lot Coverage. That portion of a lot which, when viewed directly from above, would
be covered by a building or structure, or any part thereof, except that the following
structures or parts of structures shall themselves not be included in calculating lot
coverage:
(A) Any part of a structure without a roof.
(8) Roof eaves.
(C) Carports, porches, and balconies that are open at least 50 percent of their
respective perimeter. The percentage calculation for adjacent carports,
porches, and balconies that are separated by a common wall shall be
determined individually for each carport, porch, or balcony.
Table 9.2750 Residential Zone Development Standards
See EC 9.2751 Spec Develo Tent Standards for Table 9.2750.
R-1 R-1.5 R-2 R-3 R-4
Maximum Lot Coverage (17), 18
All Lots, except where
specifically addressed below
50% of Lot
50% of Lot
Lots with Secondary Dwellings
(Area -Specific)
See
(17)(c)
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(c) Area -Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
3. Lot Coverage. The lot shall meet the lot coverage requirements
for R-1, except that all roofed areas shall be included as part of
the calculation of lot coverage.
Findings: Maximum lot coverage standards are related to both siting and design. In terms of "relating to
siting," the standard relates to the "space of ground occupied by or to be occupied by a building." In
terms of "relating to design," the standard influences the construction plans for the dwelling such that
the building is designed to strike the required balance between buildings and open lot area.
Regarding Table 9.2750, the maximum lot coverage requirement of 50 percent that applies in most of
the R-1 zone and in R-2 is a reasonable standard because it is an effective way to ensure that the added
density will not overtake residents' need for yard/open space and parking. It is also reasonable because
it helps ensure that the increased densities do not create unnecessary "livability" concerns that
residential neighborhoods are becoming overcrowded. This standard is also reasonable because the
City must carefully manage the creation of impermeable surface area in the City based on the effect it
12
Exhibit B
has on the stormwater system. Compliance with the City's NPDES permit is extremely important and is
dependent in substantial part on the City's ability to limit the quantity of stormwater that leaves
development sites and that must be conveyed and treated before entering the State's waterways.
The University area neighborhood specific standard at EC 9.2751(17)(c)3. requires that all roofed areas
be included as part of the maximum 50 percent lot coverage, whereas the standard that applies to the
rest of the city does not include roof eaves, or carports, porches, and balconies that are open at least 50
percent of their respective perimeter in the calculation. It is reasonable that accessory dwellings within
the city -recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University
Neighborhood Association ("the university area neighborhoods') are subject to specialized area -specific
standards. The standards contained in EC 9.2751(17)(c) were adopted as interim protection measures
for the existing single-family neighborhoods surrounding the University of Oregon (Amazon, Fairmount
and South University), which have in recent years experienced a substantial increase in unforeseen
housing development associated with the skyrocketing demand for student housing in the proximity of
the university. Residents of those neighborhoods supported this regulation as a way to help make the
new development less impactful on the livability of the neighborhood. Livability is an important
Statewide Planning Goal 14 concept, along with accommodating the need for compact development.
As part of Envision Eugene, the city is committed to completing area planning for the university area
neighborhoods, including consideration of specific design standards for housing to addresses impacts
from proximity to the University of Oregon. The interim protection measures are intended to limit
further negative impacts until the area planning process is completed. It is expected that these interim
measures will be replaced by a more comprehensive set of development and design standards
established as part of the area planning effort. Until such that occurs, it is reasonable to limit overall
building coverage on a lot in those areas.
Table 9.2750 Residential Zone Development Standards
See EC 9.2751 Spec DevelO Tent Standards for Table 9.2750.
R-1
R-1.5 R-2 R-3 R-4
Outdoor Living Area 13
Minimum Total Open Space
—
20% of
dev. site
20% of
dev. site
20% of
dev. site
Findings: A minimum requirements for outdoor living area/open space on a development site is related
to both siting and design because it requires the accessory dwelling to be designed (building size) and
located on the lot in such a way to ensure at least 20 percent of the development site is in open space.
This 20 percent requirement for ADU lots in the R-2, R-3 and R-4 zones is reasonable because it
addresses overcrowding concerns and the livability needs that are satisfied by a yard or open space. It
applies universally to all dwelling types and uses in the R-2, R-3 and R-4 zones, which are higher density
zones. For the R-2 zone, the outdoor living area/open space can be included as part of the 50 percent of
the lot not covered by building (lot coverage).
13
Exhibit B
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(a) General Standards for Attached Secondary Dwellings. Except as
provided in subsection (c) below, secondary dwellings that are within the
same building as the primary dwelling shall comply with all of the
following:
2. Building Size. The total building square footage of a secondary
dwelling shall not exceed 10 percent of the total lot area or 800
square feet, whichever is smaller. Total building square footage is
measured at the exterior perimeter walls and is defined as all
square footage inside of the dwelling, including, but not limited to
hallways, entries, closets, utility rooms, stairways and bathrooms.
(b) General Standards for Detached Secondary Dwellings. In addition to
the standards in subsection (a) of this section, detached secondary
dwellings shall comply with the following, except as provided in
subsection (c) below:
1. Building Size. Up to 300 square feet of un -heated garage or
storage space attached to the secondary dwelling unit is allowed
and is not counted in the allowable total building square footage.
(c) Area -Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
5. Building Size. For lots at least 7,500 square feet and less than
9, 000 square feet in area, the secondary dwelling shall not exceed
600 square feet of total building square footage. For lots at least
9, 000 square feet in area, the secondary dwelling shall not exceed
800 square feet of total building square footage. Total building
square footage is defined as all square footage inside of the
dwelling, including, but not limited to hallways, entries, closets,
utility rooms, stairways and bathrooms.
Findings: Building size is related to design as it affects the layout and plan (the "scheme' for the
construction") of the building.
Regarding EC 9.2751(17)(a)2. for attached and detached accessory dwellings (except within the
university area neighborhoods), limiting building square footage to 10 percent of the total lot area or
800 square feet, whichever is smaller, is reasonable because accessory dwellings, by definition (ORS
197.312(5)(a)) must be "used in connection with" or "accessory to" the main dwelling. While not a
sufficient factor on its own, the size differential contributes to the accessory relationship between the
two dwellings, consistent with the statutory definition. Limiting the accessory dwelling size based on the
lot size is also reasonable, because development on smaller lots can have a greater impact on
overcrowding and neighborhood livability.
14
Exhibit B
Regarding EC 9.2751(17)(b)1. for detached accessory dwellings (except within the university area
neighborhoods), providing a limit of up to 300 square feet of un -heated garage or storage space is
reasonable because it provides for a reasonable amount of storage or garage space in connection with
the accessory dwelling while keeping the accessory dwelling a subordinate use on the lot, consistent
with the definition of "accessory dwelling" at ORS 197.312(5)(b).
Regarding EC 9.2751(17)(c)5., which applies to all accessory dwellings in the university area
neighborhoods, limiting building square footage to 600 square or 800 square feet (depending on the lot
size) for accessory dwellings in the university area neighborhoods is reasonable because accessory
dwellings, by definition (ORS 197.312(5)(a)) must be "used in connection with" or "accessory to" the
main dwelling. While not a sufficient factor on its own, the size differential contributes to the accessory
nature of the relationship between the two dwellings. This building size limitation in the university area
neighborhoods is similar to the standard that applies to the remainder of the City. In all areas of the city,
800 square feet in the maximum building size for accessory dwellings.
It is reasonable that accessory dwellings within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association are subject to specialized area -
specific standards. The standards contained in EC 9.2751(17)(c) were adopted as interim protection
measures for the existing single-family neighborhoods surrounding the University of Oregon (Amazon,
Fairmount and South University), which have in recent years experienced a substantial increase in
unforeseen housing development associated with the skyrocketing demand for private student housing
in the proximity of the university. Residents of those neighborhoods supported this regulation as a way
to help make the new development less impactful on the livability of the neighborhood. Livability is an
important Statewide Planning Goal 14 concept, along with accommodating the need for compact
development.
As part of Envision Eugene, the city is committed to completing area planning for the university area
neighborhoods, including consideration of specific design standards for housing to addresses impacts
from proximity to the University of Oregon. The interim protection measures are intended to limit
further negative impacts until the area planning process is completed. It is expected that these interim
measures will be replaced by a more comprehensive set of development and design standards
established as part of the area planning effort.
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(b) General Standards for Detached Secondary Dwellings. In addition to
the standards in subsection (a) of this section, detached secondary
dwellings shall comply with the following, except as provided in
subsection (c) below:
4. Outdoor Storage/Trash. Outdoor storage and garbage areas shall
be screened from view from adjacent properties and those across
the street or alley with a minimum 42 -inch tall 100 -percent site
obscuring fence or enclosure on at least three sides.
15
Exhibit B
(c) Area -Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
19. Outdoor Storage/Trash. The standards at EC 9.2751(17)(b)4. are
applicable to detached secondary dwellings only.
Findings: The requirement that outdoor storage and garbage areas associated with detached accessory
dwellings be screened from view from adjacent properties and those across the street or alley is related
to both siting and design. It relates to siting because it impacts the position of the outdoor storage/trash
area in relation to the accessory dwelling to ensure that outdoor storage and trash can be adequately
screened. It relates to design because the requirement impacts the scheme for the construction and
finish of the building to ensure that outdoor storage and trash is adequately screened.
Because accessory dwellings can be impactful to surrounding properties, due to an increase in residents,
this standard is a reasonable way to ensure that anything stored outside, or the additional trash
produced from the resident(s) of the accessory dwelling does not negatively impact surrounding
properties.
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(b) General Standards for Detached Secondary Dwellings. In addition to
the standards in subsection (a) of this section, detached secondary
dwellings shall comply with the following, except as provided in
subsection (c) below:
2. Pedestrian Access. A pedestrian walkway shall be provided from
the street or alley to the primary entrance of the secondary
dwelling. The pedestrian walkway shall be a hard surface
(concrete, asphalt or pavers) and shall be a minimum of 3 feet in
width.
(c) Area -Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
17. Pedestrian Access. The standards at EC 9.2751(17)(b)2. are
applicable to attached and detached secondary dwellings, except
that if primary vehicle access for the required parking is from an
alley, the path must be provided from the alley.
Findings: The requirement for a minimum 3 -foot wide pedestrian walkway for all accessory dwellings in
the university area neighborhoods and for all detached accessory dwellings in the remainder of the city
is related to design. It relates to design because it is part the scheme for construction and finish of the
accessory dwelling.
16
Exhibit B
It is reasonable to require a specific hardscaped path from the street or alley to the entrance of the
accessory dwelling to provide an accessible route for residents and guests to the accessory dwelling, and
to clearly identify the entrance. The university area specific standard that requires the path be provided
from the alley if the parking is accessed off an alley is reasonable, so the resident(s) of the accessory
dwelling can have an accessible path from the parking area to the front door of the accessory dwelling.
it is reasonable that the accessory dwellings within the city -recognized boundaries of Amazon
Neighbors, Fairmount Neighbors and South University Neighborhood Association are subject to
specialized area -specific standards. The standards contained in EC 9.2751(17)(c) were adopted as
interim protection measures for the existing single-family neighborhoods surrounding the University of
Oregon (Amazon, Fairmount and South University), which have in recent years experienced a substantial
increase in unforeseen housing development associated with the skyrocketing demand for private
student housing in the proximity of the university. Residents of those neighborhoods supported this
regulation as a way to help make the new development less impactful on the livability of the
neighborhood. Livability is an important Statewide Planning Goal 14 concept, along with
accommodating the need for compact development.
As part of Envision Eugene, the city is committed to completing area planning for the university area
neighborhoods, including consideration of specific design standards for housing to addresses impacts
from proximity to the University of Oregon. The interim protection measures are intended to limit
further negative impacts until the area planning process is completed. It is expected that these interim
measures will be replaced by a more comprehensive set of development and design standards
established as part of the area planning effort.
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(a) General Standards for Attached Secondary Dwellings. Except as
provided in subsection (c) below, secondary dwellings that are within the
same building as the primary dwelling shall comply with all of the
following:
4. Minimum Attachment. The secondary dwelling and the primary
dwelling must share a common wall or ceiling for a minimum
length of 8 feet to be considered attached.
(c) Area -Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
6. Minimum Attachment. The standards at EC 9.2751(17)(a)4. are
applicable.
Findings: The requirement for a minimum attachment between an accessory dwelling and the primary
dwelling to be considered "attached" is related to design because it relates to the plan or scheme for
construction of the accessory dwelling.
17
Exhibit B
It is reasonable to provide clarification as to what constitutes attachment to avoid someone from
claiming that a 2" by 4" board is sufficient to "attach" the accessory dwelling to the primary dwelling,
and only be subject to the standards that apply to "attached secondary dwellings." Typically, attached
accessory dwellings have less external impacts, because they are a part of the primary dwelling, and
therefore have a lessor set of standards than detached accessory dwellings.
9.2741 Special Use Limitations for Table 9.2740.
(2) Secondary Dwellings. Secondary dwellings are only permitted in R-1 and
are subject to the standards beginning at EC 9.2750, except that new
secondary dwellings are prohibited on alley access lots.
9.2751 Special Development Standards for Table 9.2750.
(18) Alley Access Lots in R-1.
(a) General Standards.
2. Use Regulations. Alley access lots have the same land use
regulations as the base zone except that there is no allowance for
a secondary dwelling.
Findings: The prohibition on siting an accessory dwelling on an R-1 lot if the lot does not have street
frontage and can be accessed only from an alley is a regulation relating to siting. It relates to the location
of buildings, specifically those that are proposed for location on an alley; it relates to the ground that
may be occupied by an accessory dwelling.
ORS 197.312(5)(b) specifically makes the allowance of accessory dwellings subject to local regulations.
Although this regulation does make an accessory dwelling a prohibited use on some lots, it is reasonable
because it is necessary to addresses the impacts of a potential doubling of the number of vehicular trips
on city alleys that are not typically improved to a level to support such traffic. It also helps ensure that
the increased densities on these inherently small lots do not create "livability" issues that arise when
residential neighborhoods become overcrowded with unregulated infill. Development on alley access
lots can be more impactful to surrounding properties because they are generally small lots surrounded
by homes on three sides. The existing alleys are within the older neighborhoods where there is a
traditional grid pattern of blocks and streets along with older homes that limits the location and overall
size of alley access lots. The regulation is an effective way to limit traffic on the city's alleys, many of
which are unimproved, and to address livability concerns associated with overcrowding.
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(a) General Standards for Attached Secondary Dwellings. Except as
M
Exhibit B
provided in subsection (c) below, secondary dwellings that are within the
same building as the primary dwelling shall comply with all of the
following:
1. Lot Area. To allow a secondary dwelling, flag lots shall contain at
least 12,500 square feet, excluding the pole portion of the lot, and
shall have a minimum pole width as required under EC
9.2775(5)(e). All other lots shall contain at least 6,100 square
feet.
(c) Area -Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
5. Lot Area. To allow for a secondary dwelling, the lot shall contain
at least 7,500 square feet.
9.2775 Residential Flag Lot Standards for R-1, R-2, R-3 and R-
4) Use Regulations. Residential flag lots have the same land use regulations
as the base zone except.
(b) Secondary dwellings are not allowed on flag lots less than 12,500
square feet, and
Findings: Lot area minimum standards are regulations relating to siting because they set out the
necessary specifications for sites on which an accessory dwelling can (and cannot) be placed (identifying
"the local position of a building to be constructed" or "the space of ground to be occupied by a
building").
Regarding EC 9.2751(17)(a)1. and EC 9.2775(4)(b), requiring that a flag lot be at least 12,500 square feet
to allow for an accessory dwelling is reasonable because flag lots are already serving as a form of infill in
a neighborhood, and a potential for doubling that impact again with an accessory dwelling raises
concerns about impacts on surrounding properties and Goal 14 livability. Similar to alley access lots, flag
lots are typically created out of what was the backyard of a single-family dwelling. Limiting the size of
lot area where accessory dwellings are permitted potentially lessens impacts on surrounding properties.
The provision that all other lots contain at least 6,100 square feet is reasonable because it provides for
little more than adequate room for a primary and accessory dwelling with a reasonable amount of
yard/open space and parking without causing overcrowding. The City has a responsibility to balance the
need for affordable housing and the efficient use of land with the need for communities to be livable.
Regarding EC 9.2751(17)(c)5. which applies to all accessory dwellings in the university area
neighborhoods, requiring a minimum lot size of at least 7,500 square feet in the university area
neighborhoods to site an accessory dwelling is reasonable because it provides for little more than
adequate room for both a primary and an accessory dwelling with a bit of yard/open space and parking
in a way that could successfully blend with these established neighborhoods. The City has a
responsibility to balance the need for affordable housing and the efficient use of land with the need for
communities to be livable. Statewide Planning Goal 14 requires all of these things.
It is reasonable that the accessory dwellings within the city -recognized boundaries of Amazon
Neighbors, Fairmount Neighbors and South University Neighborhood Association are subject to
19
Exhibit B
specialized area -specific standards. The standards contained in EC 9.2751(17)(c) were adopted as
interim protection measures for the existing single-family neighborhoods surrounding the University of
Oregon (Amazon, Fairmount and South University), which have in recent years experienced a substantial
increase in unforeseen housing development associated with the skyrocketing demand for private
student housing in the proximity of the university. Residents of those neighborhoods supported this
regulation as a way to help make the new development less impactful on the livability of the
neighborhood. Livability is an important Statewide Planning Goal 14 concept, along with
accommodating the need for compact development.
As part of Envision Eugene, the city is committed to completing area planning for the university area
neighborhoods, including consideration of specific design standards for housing to addresses impacts
from proximity to the University of Oregon. The interim protection measures are intended to limit
further negative impacts until the area planning process is completed. It is expected that these interim
measures will be replaced by a more comprehensive set of development and design standards
established as part of the area planning effort.
Table 9.2740 Residential Zone Land Uses and Permit Requirements
R-1 I R-1.5 R-2 R-3 R-4
R-1
Residential
Dwellings. (All dwellings, including secondary
R-3
dwellings, shall meet minimum and maximum density
Density 1
requirements in accordance with Table 9.2750
Residential Zone Development Standards unless
specifically exempted elsewhere in this land use code.
Minimum Net Density per Acre
All dwelling types are permitted if approved through the
Planned Unit Development rocess.
20 units
One -Family Dwelling (1 Per Lot in R-1) P
P P P
Secondary Dwelling (Either Attached or Detached P(2)
from Primary One -Family Dwelling on Same Lot)
56 units
Table 9.2750 Residential Zone Development Standards
See EC 9.2751 Special Developwent Standards for Table 9.2750.
R-1
R-1.5
R-2
R-3
R-4
Density 1
Minimum Net Density per Acre
No
Minimum
13 units
20 units
20 units
Maximum Net Density per Acre
14 units
28 units
56 units
112 units
Findings: Minimum and maximum density relate to siting because they set out the necessary
specifications for sites on which an accessory dwelling can (and cannot) be placed (identifying "the local
position of a building to be constructed" or "the space of ground to be occupied by a building").
20
Exhibit B
It is reasonable that accessory dwellings be subject to minimum and maximum density requirements to
address overcrowding and livability. These requirements provide for little more than adequate room for
a primary and accessory dwelling with a reasonable amount of yard/open space and parking without
causing overcrowding. The City has a responsibility to balance the need for affordable housing and the
efficient use of land with the need for communities to be livable.
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(c) Area -Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
2. Lot Dimension. The boundaries of the lot must be sufficient to
fully encompass an area with minimum dimensions of 45 feet by
45 feet.
Findings: Lot dimension standards are related to siting because they set out the necessary specifications
for sites on which an accessory dwelling can be placed (identifying "the local position of a building to be
constructed" or "the space of ground to be occupied by a building").
It is reasonable to limit the siting of accessory dwelling s to lots with dimensions that includes a space
sufficient to encompass a 45 foot by 45 foot area because it ensures than an extremely narrow lot,
already with a single-family home, will not also have an accessory dwelling. Such a narrow or odd -
shaped lot will already be an anomaly in the neighborhood, with its existing home inherently located
close to its neighbors. The City has a responsibility to balance the need for affordable housing and the
efficient use of land with the need for these densely populated university area R-1 neighborhoods to
remain livable for all residents, not just the transitory student population. Livability is an important
statewide Planning Goal 14 concept, along with accommodating the need for compact development.
It is reasonable that accessory dwellings within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association are subject to specialized area -
specific standards. The standards contained in EC 9.2751(17)(c) were adopted as interim protection
measures for the existing single-family neighborhoods surrounding the University of Oregon (Amazon,
Fairmount and South University), which have in recent years experienced a substantial increase in
unforeseen housing development associated with the skyrocketing demand for private student housing
in the proximity of the university. Residents of those neighborhoods supported this regulation as a way
to help make the new development less impactful on the livability of the neighborhood. Livability is an
important Statewide Planning Goal 14 concept, along with accommodating the need for compact
development.
As part of Envision Eugene, the city is committed to completing area planning for the university area
neighborhoods, including consideration of specific design standards for housing to addresses impacts
21
Exhibit B
from proximity to the University of Oregon. The interim protection measures are intended to limit
further negative impacts until the area planning process is completed. It is expected that these interim
measures will be replaced by a more comprehensive set of development and design standards
established as part of the area planning effort.
9.2751 Special Development Standards for Table 9.2750.
(3) Building Height.
(d) An additional 7 feet of building height is allowed for roof slopes of 6:12
or steeper in the R-1, R-2, R-3 and R-4 zones, except that this additional
building height allowance is not permitted in the R-1 zone for secondary
dwellings, accessory buildings or development on alley access lots.
(17) Secondary Dwellings in R-1.
(a) General Standards for Attached Secondary Dwellings. Except as
provided in subsection (c) below, secondary dwellings that are within the
same building as the primary dwelling shall comply with all of the
following:
3. Building Height(Interior Setback. Except for secondary dwellings
on flag lots (see EC 9.2775), the following standards apply. -
a. For attached secondary dwellings located within 60 feet of a
front lot line, interior yard setbacks shall be at least 5 feet,
and maximum building height shall be limited to that of the
main building as per Table 9.2750
b. For attached secondary dwellings located greater than 60
feet of a front lot line, interior yard setbacks shall be at least
5 feet. In addition, at a point that is 8 feet above finished
grade, the setback shall slope at the rate of 10 inches
vertically for every 12 inches horizontally away from the
property line to a maximum building height of 18 feet. (See
Figure 9.2751(16)(b)3.)
C. The allowances for setback intrusions provided at EC
9.6745(3) do not apply within the setback described in
subsections a. and b. above, except that eaves and
chimneys are allowed to project into this setback no more
than 2 feet.
(b) General Standards for Detached Secondary Dwellings. In addition to
the standards in subsection (a) of this section, detached secondary
dwellings shall comply with the following, except as provided in
subsection (c) below:
5. Building Height(Interior Setback. Except for secondary dwellings
on flag lots (see EC 9.2775), the following standards apply. -
a. Interior yard setbacks shall be at least 5 feet. In addition, at
a point that is 8 feet above finished grade, the setback shall
slope at the rate of 10 inches vertically for every 12 inches
22
Exhibit B
horizontally away from the property line until a point not to
exceed a maximum building height of 18 feet.
b. The allowances for setback intrusions provided at EC
9.6745(3) do not apply within the setback described in a.
above, except that eaves and chimneys are allowed to
project into this setback no more than 2 feet. (See Figure
9.2751(16)(b)3.)
C. This standard may be adjusted to allow for a secondary
dwelling over an accessory building in accordance with EC
9.8030(34).
(c) Area -Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
9. Building Height(Interior Setback. For detached secondary
dwellings:
a. The interior yard setback shall be at least 5 feet from the
interior lot line. In addition, at a point that is 8 feet above
grade, the setback shall slope at the rate of 10 inches
vertically for every 12 inches horizontally (approximately 40
degrees from horizontal) away from the lot line until a point
not to exceed a maximum building height of 18 feet.
b. The allowances for setback intrusions provided at EC
9.6745(3) do not apply within the setback described in 1.
above, except that eaves, chimneys and gables are allowed
to project into this setback no more than 2 feet.
(See Figure 9.2751(16)(b)3.)
9.2775 Residential Flaa Lot Standards for R-1. R-2. R-3 and R-4.
(5) Development Standards.
(e) Additional Standards for Secondary Dwellings on Flag Lots.
3. Building Height(Interior Setback.
a. Interior yard setbacks shall beat least 10 feet. In addition,
at a point that is 8 feet above finished grade, the setback
shall slope at the rate of 10 inches vertically for every 12
inches horizontally away from the property line until a point
not to exceed a maximum building height of 18 feet for
detached secondary dwellings and the maximum building
height of the primary dwelling for attached secondary
dwellings.
b. The allowances for setback intrusions provided at EC
9.6745(3) do not apply within the setback described in a.
above, except that eaves and chimneys are allowed to
project into this setback no more than 2 feet.
C. This standard may be adjusted to allow for a secondary
dwelling over an accessory building in accordance with EC
9.8030(34).
23
Exhibit B
Findings: Building height standards are related to design as they affect the plan or "scheme' for the
construction and finish of the accessory building. Building setbacks standards are related to siting
because they impact the position or location of the accessory dwelling on the lot.
Regarding EC 9.2751(3)(d), which applies in the R-1 zone and clarifies that the additional 7 feet of height
granted to buildings with steeper roof pitches does not apply to accessory dwellings, is reasonable
because this also applies to accessory buildings (such as garages and sheds) and development on alley
access lots, both of which building types are similar in size to accessory dwellings. By definition,
accessory dwellings are intended to be used in connection with or accessory to the primary one -family
dwelling. Not granting a height bonus in R-1 is a reasonable method to ensure that the accessory
dwelling is "accessory" to the primary dwelling.
Regarding EC 9.2751(17)(a)3., which requires attached accessory dwellings (except within the university
area neighborhoods) located within 60 feet of a front lot line have interior yard setbacks of at least 5
feet, and a maximum building height limited to that of the main building as per Table 9.2750 is
reasonable because it applies the minimum setback and maximum building height of the main building
(primary dwelling) to the accessory dwelling that is attached to the main building. Presumably, if the
attached accessory dwelling is within 60 feet of the front lot line, it will have less of an impact on
adjacent properties than if located in the back yard. The standards in subsection b. that prescribe a
sloped setback and maximum building height of 18 feet for attached secondary dwellings located
greater than 60 feet from a front lot line is reasonable because there are greater impacts to surrounding
properties when an accessory dwelling is located more than 60 feet from the front lot line. The
standard in subsection c. that limits intrusions into setbacks beyond the standard instructions at EC
9.6745(3) are reasonable because accessory dwellings can have a greater impact on overcrowding, solar
access and neighborhood livability.
Regarding EC 9.2751(17)(b)5., which applies to detached accessory dwellings (except in the university
area neighborhoods) is reasonable because accessory dwellings are intended to be accessory to the
primary dwelling, and limiting their size is one way to ensure they are accessory. Limiting the building
height and setbacks of detached accessory dwelling is also reasonable because development on the rear
portion of lots can have a greater impact on overcrowding, solar access and neighborhood livability.
Regarding EC 9.2751(17)(c)9., which applies to detached accessory dwellings in the university area
neighborhoods, these standards are same as the standards that apply to detached accessory dwellings
in the remainder of the city (see EC 9.2751(17)(b)5.), except that there is no provision for an adjustment
review to allow for an accessory dwelling over an accessory building, such as a detached garage.
It is reasonable that accessory dwellings within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association ("the university area
neighborhoods") are subject to specialized area -specific standards. The standards contained in EC
9.2751(17)(c) were adopted as interim protection measures for the existing single-family neighborhoods
surrounding the University of Oregon (Amazon, Fairmount and South University), which have in recent
years experienced a substantial increase in unforeseen housing development associated with the
skyrocketing demand for private student housing in the proximity of the university. Residents of those
neighborhoods supported this regulation as a way to help make the new development less impactful on
the livability of the neighborhood. Livability is an important Statewide Planning Goal 14 concept, along
with accommodating the need for compact development.
24
Exhibit B
As part of Envision Eugene, the city is committed to completing area planning for the university area
neighborhoods, including consideration of specific design standards for housing to addresses impacts
from proximity to the University of Oregon. The interim protection measures are intended to limit
further negative impacts until the area planning process is completed. It is expected that these interim
measures will be replaced by a more comprehensive set of development and design standards
established as part of the area planning effort. Until such that occurs, it is reasonable to have specific
building height/setback standards for accessory dwellings in those areas.
Regarding EC 9.2775(5)(e) which applies to accessory dwellings on flag lots, it is reasonable to require
10- foot setbacks for accessory dwellings because all new buildings on flag lots are required to be
setback 10 feet to limit impacts on surrounding properties. As mentioned previously, flag lots are a
form of infill that can be impactful to surrounding properties. Similar to alley access lots, flag lots are
typically created out of what was the backyard of a single-family dwelling. Requiring accessory dwellings
to be setback 10 feet on a flag lot potentially lessens impacts on surrounding properties. The remaining
building height/sloped setback standards for accessory dwellings on flag lots are the same as those in EC
9.2751(17)(b)5. above.
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(c) Area -Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
4. Maximum Bedrooms. For lots with a primary dwelling containing 3
or fewer bedrooms, the secondary dwelling shall be limited to 2
bedrooms. For lots with a primary dwelling containing 4 or more
bedrooms, the secondary dwelling shall be limited to 1 bedroom.
Findings: The requirement to limit the number of bedrooms in an attached accessory dwelling is a
related to design because it affects the layout and plan of the building.
Regarding EC 9.2751(17)(a)5., which applies to accessory dwellings in areas except the university area
neighborhoods, is reasonable because accessory dwellings are intended to be used in connection with
or accessory to the primary dwelling, and limiting their size is one way to ensure they are accessory.
Additionally, because accessory dwellings are limited to a maximum building size of between 610 and
800 square feet is area, it is reasonable to limit the number of bedrooms to not more than 2 to ensure
that the accessory dwelling has adequate living area and to limit overcrowding.
Regarding EC 9.2751(17)(c)4., which applies to all accessory dwellings in the university area
neighborhoods, it is reasonable that the accessory dwellings within the city -recognized boundaries of
Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association are subject to
area -specific standards. The standards contained in EC 9.2751(17)(c) were adopted as interim protection
measures for the existing single-family neighborhoods surrounding the University of Oregon (Amazon,
25
Exhibit B
Fairmount and South University), which have experienced a substantial increase in unintended housing
development associated with the demand for student housing and the proximity of the university.
As part of Envision Eugene, the city is committed to completing area planning for the university area
neighborhoods, including consideration of specific design standards for housing to addresses impacts
from proximity to the University of Oregon. The interim protection measures are intended to limit
further negative impacts until the area planning process is completed. It is expected that these interim
measures will be replaced by a more comprehensive set of development and design standards
established as part of the area planning effort.
Limiting the number of bedrooms in the accessory dwelling based on the number of bedrooms in the
primary dwelling in the university area neighborhoods is reasonable because accessory dwellings are
intended to be used in connection with or accessory to the primary dwelling, and limiting the number of
bedrooms is one way to ensure they are accessory in nature.
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(c) Area -Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city -recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
8. Maximum Occupancy. For lots with a primary dwelling containing 3
or fewer bedrooms, the secondary dwelling shall be limited to 3
occupants. For lots with a primary dwelling containing 4 or more
bedrooms, the secondary dwelling shall be limited to 2 occupants.
Findings: Maximum occupancy limits are related to both siting and design because it is based on the
number of bedrooms in the primary dwelling on the lot and it affects the layout and plan of the building
It is reasonable that the accessory dwellings within the city -recognized boundaries of Amazon
Neighbors, Fairmount Neighbors and South University Neighborhood Association are subject to area -
specific standards. The standards contained in EC 9.2751(17)(c) were adopted as interim protection
measures for the existing single-family neighborhoods surrounding the University of Oregon (Amazon,
Fairmount and South University), which have experienced a substantial increase in unintended housing
development associated with the demand for student housing and the proximity of the university.
As part of Envision Eugene, the city is committed to completing area planning for the university area
neighborhoods, including consideration of specific design standards for housing to addresses impacts
from proximity to the University of Oregon. The interim protection measures are intended to limit
further negative impacts until the area planning process is completed. It is expected that these interim
measures will be replaced by a more comprehensive set of development and design standards
established as part of the area planning effort.
26
Exhibit B
Limiting the maximum number of occupants in the accessory dwelling based on the number of
bedrooms in primary dwelling is reasonable because accessory dwellings are intended to be used in
connection with or accessory to the main dwelling and limiting the number of occupants is one way to
ensure they are accessory.
27