HomeMy WebLinkAboutOrdinance No. 20235
ORDINANCE NO. 28235
AN ORDINANCE CONCERNING LAND USE
REGULATIONS; AMENDING CHAPTER 9 OF THE EUGENE
CODE, 1971; ADOPTING A SEVEP, ABILITY CLAUSE; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A. On February 26, 2001, Ordinance No. 20224 was adopted by the Eugene City Council
and approved by the Mayor adopting a new Land Use Code by repealing various sections of the
Eugene Code, 1971 and adding Sections 9.0010 through 9.9710 to constitute a new Chapter 9 of the
Eugene Code, 1971.
On May, 29, 2001, Ordinance No. 20229 was adopted by the Eugene City Council
aa~d approved by the Mayor amending Section 7 of Ordinance No. 20224 to provide an effective date
of August 1,2001.
C. Following adoption of the Land Use Code, staff identified errors, omissions and
clarifications that can only be corrected through amendments to the code. These arnendments ha-ye
been compiled as a package of minor Land Use Code amendments, file number CA 01 ~2.
D. Following notice to the Department of Land Conservation and Development, written
notice to interested parties and published notice in the Register-Guard, the Eugene and Lane County
Planning Commissions held a joint public hearing on the minor Land Use Code amendments on
September 11, 2001. On September 24, 2001, the Eugene Planning Commission recommended
Eugene City Council adoption of the minor Land Use Code amendments.
E. The City Council has conducted a public hearing on adoption of the minor Land Use
Code amendments, and is now ready to take action based upon the above recorrnmendation and the
evidence and testimony already in the record as well as the evidence and testimony presented at the
Eugene City Council public hearing.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 9.0500 of the Eugene Code, 1971 is amended by adding a new definition
of"Equipment, Light" in alphabetical order therein, and amending the definition of~'Lot Coverage,"
to provide:
Ordinance- 1
%0500
D~efinitions. As used in this land use code, unless the context requires otherwise, the
following words and phrases mean:
Equipment, Light, Machinery, tools and implements that are typically operated by
hand and used fbr maintenance of yards, gardens and households.
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 any area covered by a
building or structure where 50 percent or more of the perimeter of the building or
structure is open from grade.
Section 2. The "Bed and Breakfast Facility" use under "Lodging" category of Table 9.2160
is amended by changing the "S" to "P" in the GO General Office and deleting the phrase "(See EC
9.5100.)."
Section 3.
provide:
9.2161
Subsection (5) of Section 9.2161 of the Eugene Code, 1971, is amended to
_Special Use Limitations for Table 9.216t}.
Parking Areas in C-3. For surface parking spaces created after August 1,
2001, there shall be at least 1,000 square feet of floor area on the development
site for each new parking space created. The maximum number of surface
parking spaces on a developrnent site shall be 20. All parking spaces in excess
of these limits shall be in structured parking.
Section 4. Table 9.2170 is amended by inserting "(16)" after "(4)" under the row titled
"Minimum Front Yard Setback," and inserting "(16)" after "(5)" under the row titled ~*Maximmn
Front Yard Setback," and Subsection (2) of Section 9.2170 of the Eugene Code, 1971, is amended
to provide:
%2170 Commercial Zone Development Standards - General.
(2)
Application of Standards. In addition to applicable provisions contained
elsewhere in this land use code, the development standards listed in Table
9.2170 Commercial Zone Development Standards shall apply to all
development in commercial zones except the following:
(a) Maximum Front Yard Setback,
(b) Minimum Landscape Area,
Ordinance - 2
(c) Drive-Through Facilities,
which shall be subject to the special development standards of EC 9.2171(5),
EC 9~2171(8) and EC 9.2171(15).
In cases of conflict, the standards specifically applicable in commercial zones
shall apply.
Section 5. Subsections (5), (8), and (15)(a) of Section 9.2171 of the Eugene Code, 1971, are
amended, and new Subsections (15)(f) and Subsection (16) are added thereto, to provide:
9.2171 Special Commercial Zone Development Standards for Table 9,2170.
(5)
The maximum front yard setbacks stated in Table 9.2170 Commercial Zone
Development Standards, shall apply only to new buildings and any building
addition that increases the length of the building facade facing the street by at
least 100%. In addition, all new buildings and the portion of the development
site specifically affected by the new building are subject to the requirements of
this subsection. (See Figure 9.2171(5) Maximum Front Yard Setbacks,
Building Orientation, and Entrances.)
(a) In C-1, at least 80% of all street facing facades of the building must be
wkhin the specified maximum front yard setback.
(b) In C-2 and C-3, a minimum of 25% of all street facing facades must be
Mthin the specified maximum front yard setback, or, orientation to an
internal private way is permitted in compliance with EC 9.2173(4)(a).
(c) Vehicular parking and circulation is not permkted in between the street
and the portion of the building that is used to comply with this subsection.
(d) Buildings fronting on a street must provide a main entrance facing the
street on any facade of the building within the front yard setback. A main
entrance is a principal entrance through which people enter the building.
A building may have more than one main entrance. Buildings having
frontage on more than one street shall provide at least one main entrance
oriented to a street.
(e) The land between the portion of a building complying with EC
9.2171(5)(a) or (b) and a street must be landscaped or paved wi'th a hard
surface for use by pedestrians. If a hard surface is provided, the area must
contain at least the equivalent of 1 pedestrian amenky for every 200 square
feet of hard surface. The use of porous materials for hard sm'facing is
encouraged. Residential developments are exempt from this subsection.
(See Figure 9.2171(5)(e) Landscaped or Paved Pedestrian Area with
Pedestrian Amenities.)
(f) The maximum front yard setback may be exceeded if the area between the
building and the street is landscaped or paved for use by pedestrians. The
area must contain at least the equivalent of 1 enhanced pedestrian amenity
for every 200 square feet of hard surface. (See Figure 9.2171(5)(e)
Landscaped or Paved Pedestrian Area with Pedestrian Amenities.)
Ordinance - 3
(8)
(I5)
(16)
In addition to the minimum landscape area requirements of Table 9.2170
Commercial Zone Development Standards, the following landscape standards
apply to new buildings, and the portion of the development site specifically
affected by the new building and shall be subject to the requirements of this
subsection.
(a) }~!~nimum Landscape Area Required. In all commercial zones, except C-
3, a minimum of 10 percent of the development site shall be landscaped
with living plant materials. All required landscaping shall comply with
landscape standards beginning at EC 9.6200 Pu¢ose of Landscape
Standards. Any required landscaping, such as for required front or interior
yard setbacks or off-street parking areas, shall apply toward the
development site minimum landscape requirement. The area of exterior
landscaping on the roof of a building or exposed terrace may be used to
meet the 10% minimum landscaping standard. 'Up to 50% of the
landscape area may be a hard surface for recreational or enhanced
pedestrian space.
(b) Minimum Landscape Standard. Unless otherwise specified in this land
use code, required landscape areas must, at a minimum, comply with EC
9.6210(1) Basic Landscape Standard (L~ 1).
(c) Landscaping In Front Yard Setbacks. If a front yard setback contains a
landscape planting bed, the planting bed shall be a minimum of 7 feet in
width and shall comply, at a minimum, with EC 9.6210(1) Basic
Landscape Standard (L- 1).
(d) Landsc~ In Interior Yard Setbacks Abutting Residential Zones.
Landscape planting beds within the interior yard setbacks abutting a
residential zone shall be a minimum of 7 ~et in width and shall comply
with EC 9~6210(3) High Screen Landscape Standard (L-3).
(e) Street Trees. Street tree requirements are specified in EC 7.280 Street
Tree Program - Policies~ Standards, Procedure..
Drive-Through Facilities.
(a) ~lication. The regulations in (b) through (e) of this subsection apply to
the establishment of new drive through facilities, the addition of travel
lanes for existing drive-through facilities in existing developments, and the
relocation of an existing drive-through facility.
(f)
Adjustments. Except for lots adjacent to land zoned residentially,
adjustments to subsection (c) Service Areas Setback and Landscaping may
be made based on criteria at EC 9.8030(2) Setback Standards Adjustment.
Adjustments. Adjustments to the minimum and maximum front yard setbacks
in this section may be made, based on criteria at EC 9.8030(2) Setback
Standards Adjustment.
Ordinance - 4
Section 6. Subsection (2) of Section 9~2173 of the Eugene Code, 1971, is amended, and a
new Subsection (11) is added thereto, to provide:
9,2173 COmmercial Zone Development Standards - Large Commercial Facilities.
(2)
Application of Standards. In addition to the standards of EC 9~2170
Cornmercial Zone Development Standards - General,, the standards in this
section apply to any new building with 25,000 square feet or more of floor area,
and the portion of the development site specifically affected by the new
building.
(11) Adjustments. Adjustments to the standards in this section may be made, based
on criteria at EC 9.8030(6) Large Commercial Facilities Standards Adjustment,
Section 7. A new Subsection (7) is added to Section 9.2175 of the Eugene Code, 1971, to
provide:
9;2175
Commercial Zone Development Standards - Large Multi-Tenant Commercial
Facilities.
(7)
Adjustments. Adjustments to the standards in this section may be made, based
on criteria at EC 9.8030(7) Large Multi-tenant Commercial Facilities Standards
Adjustment.
Section 8, The font size for the entries folloMng the "Average Width Minimum (1)" caption
in Table 9.2180 are amended to correspond to the font size for the other like entries in the Table.
SeCtion 9, Table 9.2460 is amended by deleting the line titled "Landscape Standards
and renumbering the references to the remaining standards (7) through (13) to (6) through (12).
SectiOn 1O. Table 9.2461(8) is amended to provide:
9,2461 S~ecial Development Standards for Table 9.2460.
(8)
Outdoor Merchandise Display. Outdoor display' of goods is permitted in all
industrial zones except M. The setbacks and landscaping standards for outdoor
merchandise display- are stated in Table 9~2461 (8) Outdoor Storage and Display-
Setbacks and Landscaping.
Ordinance ~ 5
Table %246I(8) Outdoor storage and Display-Setbacks and Landscaping
14 1-2 1-3
et.
Setback:
Landscape:
Adjacent to a commercial or industrial
zone.
Permitted:
Setback:
Landscape:
acent to a residential or park and
recreation zone.
Permitted:
Setback:
Landscape:
Yes
10 feet
High Wall
Landscape
Standard -
4)
Yes
None
Partial Screen
Fence
Landscape
Standard (L*5)
Yes
10 ~ket
High Wall
Landscape
Standard -
(L-4)
Yes
None
None
Yes Yes
I 0 feet 10 feet
High Wall High Wall
Landscape Landscape
Standard - (L- Standard -
4)
Adjacent to a commercial or industrial
zone.
Permitted:
Setback:
Landscape:
Adjacent to a residential or park and Permitted:
recreation zone,
Yes Yes --
10 feet 10 feet
Low Screen Low Screen
Landscape Landscape
Standard - (L- Standard -
2) (L-2)
Permitted: Yes Yes
Setback: None None
Landscape: None None
No No
Section 11. Subsection (2) of Section 9.274t of the Eugene Code, 1971, is amended to
provide:
9;2741 ~eeial Use Limitations for Table 9.2740.
(2)
Seconda~ Dwellings~ Secondary dwellings are only permitted in R-1 and shall
conform to all of the following:
(a) The dwelling shall not exceed 800 square fbet t:mless occupying the full
story of a multi-sto~y structure with ground floor residential use.
(b) Either the prima~ dwelling or the secondary dwelling shall be occupied by
the property owner.
(c) There shall be at least 1 off-street parking space on the property.
Ordinance - 6
(dj Shall be located on a lot that is not a flag lot.
(e) Detached secondary dwellings shall comply with the following:
1. The residential density limitations in Table 9.2750.
2. If located Mthin 20 feet of a prope~V line, the maxirnum building
height shall not exceed 15 feet.
3. Provide a pedestrian walkway from the street or alley to the primary
entrance of the secondary dwelling.
The primary entrance to a secondary dwelling shall be defined by a
roofed porch~
5. Outdoor storage and garbage areas shall be screened fi:om view fkom
adjacent properties and those across the street or alley.
An adjustment to any of the standards in this subsection may be
made pm'suant to the a4iustment review process.
Prior to issuance of a final occupancy permit for the secondary dwelling, the
owner shall provide the city with a copy of a notice that has been recorded with
the Lane County Clerk that documents the secondary' dwelling or primary
dwelling is owner/occupied.
_Section 12_. The reference to "Duplex Lots" in Table 9.2760 is amended to provide:
9~2760
Residential Zone Lot Standards. The following Table 9.2760 sets forth residential
zone lot standards, subject to the special standards in EC 9.276 i.
Table 9.276{) Residential Zone Lot Standards
(See EC 9.2761 Special Standards for Table 9.27600
Duplex Lots (tn R-1, lots shall be
indicated on the final plat and shall
be developed as a duplex or may be
located on corner lots that contain at
least 8,000 squar~ ~ge_..[.) __
R-1 R-2 R-3 R-4
8.000 square
feet
R4.5
Section 13. Subsection (3) of Section 9.2775 of the Eugene Code, 1971, is amended to
provide:
9.2775 Re_ ~sidential Flag Lot Standards for
(3)
Land Division Regulations.
(a) ~ Lot Area. The required minimum lot area for the flag lot, excluding
the pole portion of the lot, is 6,000 square feet. The original lot, prior to
creation of the flag lot, shall be at least 13,500 square feet.
(b) Lot Dimensions. The minimum average lot width is 50 feet.
Ordinance - 7
(c) Access Pole. The minimum width for the pole portion of 1 flag lot is 15
feet. If 2 or more flag lots will use the same access driveway, the
minimum combined width of the pole portions shall be 25 fbet. A street
may be require& The maximum number of flag lots taking access off the
same access driveway is 4.
(d) Ownershil2. The access pole must be part of the flag lot and must be 'under
the same ownership as the flag portion.
(e) Land DNision Review. All applicable regulations for the type of land
division process being used must be met except where the residential flag
lot standards create different requirements.
Section 14~ Subsection (3)(c)4. of Section 9.2795 of the Eugene Code; 1971, is amended to
provide:
9.2795 Solar Setback Standards.
(3) Exem ptions to Solar Setback Requirements. A building is exempt from the
solar sefback standards when any of the following conditions exist:
(c) Insignificant BenefiL The building 'will shade one or more of the
following:
No more than 20% of a south wall of an ex/sting habitable dwelling.
See Figures 9.2795(2), 9.2795(2)(a) and 9.2795(2)(b).
Section 15~ Section 9.4260 of the Eugene Code, 1971, is amended to provide:
%426~)
r Apply~ngthe/ND Nodal Development Overla35 Zone~
Notwithstanding EC 9.8855, rezoning to apply the/ND overlay zone shall be
processed as a Type V application as provided in EC 9.7500 through EC 9.7560 Type
V Application Procedures. Proceedings to apply the/ND overlay' zone may be
initiated only by' the c~ty council.
Section 16, Section 9.4290 of the Eugene Code, 1971 is amended by repealing Subsection
(4)~ and renumbering the existing Subsection (5) to (4):
%4290
Den~L~__and Developmegt_Standards. In addition to the requirements of the base
zone, the following standards shall apply:
(4)
A4iustments. An adjustment to any of the standards in this section max' be
made for/ND parcels with no alley access or with physical or legal constraints
pursuant to the criteria beginning at EC 9.8015 of this land use code.
Ordinance - 8
Section 17~ Table 9.6105(4) of the Eugene Code, 1971, is amended by adding the category
"ln~brmation Technolo~ Services" in alphabetical order therein, to provide:
Table 9.6105(4) Minimum Required
Bicycle Parking Spaces
Required Bicycle Parking
(Mkfimum 4 bicycle spaces required
unless -0m is indicated.)
Type and %
Bicycle
Parking
All Uses in this category 1 per each 2750 square feet of floor area 25% long term
75% short term
Section 18. The entry for "Outdoor Merchandise Display" in Table 9.6205 is amended to
provide:
Table 9.65~05 Landscaping Required by this Land Use Code
Outdoor lVlerchandise D~splay ~n
Commercial Zones EC
9.2171(i i)¢)2
See Table 9.2461 ~br Outdoor
Storage and Display standards in
t'ndustrial Zones.
9~6230
Section 19. Section 9.6230 of the Eugene Code, 1971, is amended to provide:
Landsca_l!.~Plans, Landscape plans shall be submitted in a mariner approved by the
city manager, Landscape plans shall show that all proposed landscaped areas and
landscape material s comply with the applicable landscape standards in this land use
code.
_Section 20. Subsection 9,6410(3)(c) 1. of the Eugene Code, 1971 is amended, and the entries
for Church, Synagogue and Temple and Club and Lodge of State or National Organization under the
Educational, Cultural, Social and Fraternal category of Table 9.6410 are amended, and a new
category of "information Technology Services is added in alphabetical order therein, to provide:
Ordinance ~ 9
9.6410 Motor Vehicle ?arking Standards.
(3)
Minimum Number of Required Off-Street Parking Spaces. Except as
provided in this section, or in an adjustment pursuant to EC 9.8030(10) Motor
Vehicle Parking and Loading Standards Adjustment, the minimum number of
required off-street parking spaces shall be calculated as provided in Table
9.6410 Required Off-Street Motor Vehicle Parking.
(c)
Motor vehicle parking at Autzen Stadium Complex shall comply with:
1. So long as a city-approved intergovernmental agreement
incorporating a transportation demand management plan for Autzen
Stadium complex is in effect a minimum of 4,749 vehicle parking
spaces are required to be provided on the Autzen Stadium Complex
site or within 1000' of that site, All required parking shall be ovmed
by the state of Oregon, except through a city-approved agreement
that binds the parking area to the Autzen Stadium Complex.
Table 9.6410 Required Off-Street
Motor Vehicle Parking
Uses
ynagogue, and Temple, including associated
residential structures for religious personnel
Minimum Number of Required Off~
Street Par~ng SPaces
1 per 4 fixed seats, 1 per8 feet of bench
length, or 1 per every 28 square feet ~n areas
where no permar~ent seats are maintained ~n
the main auditorium (sanctuary or place of
worship). If religious services operate
concurrently with other activities, user may
include additional parking at 1 per 40 square
feet for the space used concurrently.
Club and Lodge of State or National Organization
1 per 4 fixed seats, 1 per 8 feet of bench
length, or i per every 28 square feet where no
permanent seats or benches are maintained in
the main auditorium.
All uses in this category
1 per each 275 square feet of floor area.
Section 21. The first paragraph and Subsection (1) of Section 9~6650 of the Eugene Code,
1971, are arr~ended to provide:
9.6650 Residential Sign Standards. The residential sign standards are hereby created and
applied to att land zoned as set forth below, Signage is limited to preserve the
Ordinance- 10
character of the area by allowing signs only for res/dential purposes and fbr
non-residential uses allowed in the applicable zone.
(1) Corresponding Zones. The provisions of this section apply to all property
lying within the following zones: AG, NR, PRO, R-l, R~1.5, R-2, R~3, and R-4.
Seetion~22~ Subsection (3) of Section 9.6670 of the Eugene Code, 1971, is amended to
provide:
9~6670
Central ~reial Si_~_Standards. The central commercial sign standards are
hereby created and applied to all property within the central commercial zones as set
forth betow~ Signs are restricted in recognition of the high density usage of these
areas, where pedestrian trafSc is heavy and vehicular traffic is commonly lirrfited.
(3)
Maximum Number of Signs. The number of signs cen~al commercial sign
standards allow shall be limited to no more than 1 electronic message center,
freestanding, projecting sign, readerboard, or roof sign per development site
street frontage. The number of all awed awning, marque, under-marque and wall
signs is not limke&
Section 23. Subsection (1)(f) of Section 9.6675 of the Eugene Code, 197t, is amended to
provide:
9.6675
~hwa~Commercial S_~gn Standards. The highway commercial sign standards are
hereby created and apphed to all land as set forth below. Signs in this area are
regulated to accommodate the mixed uses of the areas and the presence of major
streets with high traffic volumes,
(1) Corresponding Zones. The provisions of this section apply to that property
v~4thin the S-RP Riverfront Park Special Zone located within 200 feet of the
Franklin Boulevard center line and to property within the C-I, C-2, C-3, C-4 or
any industrial zone with frontage along the following named streets:
(f) Goodpasture Island Road from Valley River Drive to 1 ~700 feet north;
Se__ction 24.. Section 9,6710 of the Eugene Code, 1971, is amended to provide:
%6710
Geo Geotechnieal Analysis_.
(1) PurpOse ~f Geological and Geotechnical Analyses, The purpose of geological
and geoteclmical analyses is to ensure that public and private fhcilities in
developments in areas of known or potential unstable soil conditions are
located, designed, and constructed in a manner that provides for public health,
safety, and welfare.
(2) Geological and Geotechnical Analysis Required. Except for those activities
exempted under EC 9.6710(3) Exemptions from Geological and Geotechnical
Ordinance
(4)
Requirements, a geological and geotechnical analysis, prepared by an Oregon
licensed Engineering Geologist or an Oregon licensed Civil Engineer with
geotec~ical experience, conforming with standards, procedures and content as
defined in the for Geol Geo adopted by
the city in the manner set forth in EC 2.019
Rulem utho~and ProCedures, is required £br any of the following:
(a) All proposed tentative planned unit development, site review, or
subdivision applications on properties with slopes equal to or greater than
5%.
(b) All proposed development that includes dedication or construction of a
public street or alley or the construction of public drainage systems or
public wastewater sewers.
Exemptions i¥om Geologieal and Geotechnical Analysis Requirements. The
following activities are exempt from the requirements of this section:
(a) Maintenance, operation, reconstruction of existing streets, driveways, and
utility lines, provided soil disturbance is limited to a standard utility trench
width or the area beneath street and driveway structures.
(b) Emergency actions which must be undertaken immediately or for which
there is insufficient time for full compliance when it is necessary to
prevent or abate any of the following:
1. An imminent threat to public health or safety.
2. An imminent danger to public or private property.
3. An imminent threat of serious environmental degradation.
(c) Street and alley dedications that widen existing public right-of-way are
exempt from requirements of 9.671
(d) A residential building permit fbr a lot or parcel that was subject to
previous reports and assessments.
(e) New construction, building alterations and building additions that will not
restflt in soil disturbance.
Categories of Geological and Geotechn~eal Analysis. The analysis required in
geological and geotechnical analyses is based on the following categories, and
shall be prepared in the manner required in the rules referenced in subsection (2)
of this section:
(a) A Level One Analysis shall consist of a compilation of record geotechnical
data, on-ske verification of the data and site conditions, and a report
discussing site and soil characteristics in relation to the proposed
development and other applicable standards.
(b) A Level Two Analysis shall consist of a compilation of record geological
data, analysis of site characteristics, sub-surfhce investigation and testing
to establish soil types and distribution, and a report that includes site and
soil characteristics in relation to the proposed development, identification
of potential problems, and recommendations for design and construction
tec?miques and standards consistent with other standards applicable to the
development proposal.
Ordinance- 12
(5~
(c) A Level Three Analysis shall consist of a Level Two Analysis and
additional site-specific geotechnical design of facilities such as, but not
limited to, streets, fo-andations, utilities, retaining walls and structures due
to geologic constraints.
Applicability of Different Categories of Geological and Geotechnical
Analysis. Unless exempt under 9.6710(3), the category of geotechnical analysis
required is based on the following:
(a) A Level One Analysis shall be required on:
1 All development sites with slopes less than 10% that include
construction of public improvements;
2. Subdivision, site review, and planned unit development applications
for development sites with slopes greater than or equal to 5% and
less than 10%.
(b) A Level Two Analysis shall be required on:
1. All development sites with slopes greater than or equal to 10% that
include construction of public improvements;
2. Subdivision, site review, and planned unit development applications
for development sites with slopes greater than or equal to 10%.
(c) A Level Three Analysis shall be required on development sites where the
Level One or Two Analysis reveals evidence of existing or potential
stability problems or where site conditions such as springs or seeps, depth
of soil to bedrock, variations in soil types, or a combination of these
conditions, in the opinion of the professional, impact the design
parameters of the structure.
Section 25. Subsection (4) of Section 9.6715 of the Eugene Code, 1971, is amended to
provide:
9~6715 Height Limitation Areas.
(4)
Gillespie Butte Height L[mitation Area. Gillespie Butte height limitation
standards are applicable to all property on Gillespie Butte that is above an
elew. tion of 450 fbet as shown on Map 9.6715(4) Gitlespie Butte Height
Limitation Area. Within the height lirrfitation area, buildings are limited to a
height of 585 feet above mean sea level except as follows:
(a) Area A. Within Area A, buildings are limited to a maximum height of no
more than 595 feet above mean sea level.
(b) Area B. Within Area B, buildings are limited to a maximum height of no
more than 588 feet above mean sea level.
(c) Park-related development on public land within the Gillesp]e Butte Height
Limitation Area is exempt from height limitation requirements.
In no case shall the maximum height of any building or structure exceed the
maximum allowed in the zone.
Ordinance - 13
Section 2~. Subsections (7)(e) and Table 9.6725(9) of Section 9.6725 of the Eugene Code,
197t, are amended to provide:
9,6725 Outdoor Li tandards.
(7) Lighting Permit Application and Approval Process.
(e)
No lighting permit shall be considered fully complete until the permit
holder has notified the city that work is finished and a lighting specialist
has inspected the lighting and is saiisfied that the lighting construction
complies with the lighting standards.
Table 9.6725(9) Parking Lot Lighting Standards
distance
lighting fixture,)
~ight is the vertical
illuminated and the bottom of the
Ambient
Areas
04
Medium
Ambient
Areas
O~3
Low
Ambient
Areas
O~2
30 fi 25 fi 25 ft
Average Maintained Illumination Level.
Uniformity Ratio, (Uniformity ratio is the ratio of average
illumination to minhrmm illumination.)
.6 to 4.0 .6 to 2.0 .2 to .8
foot- foot- foot-
candle candle candle
4:1 4:1 4:1
_Section 2_7, Subsection (3)(b) of Section 9.6730 of the Eugene Code, 1971, is amended to
provide:
9.6730 P_gdeslrian Circulation On-Site.
(3)
Design of On-Site Pedestrian Facilities. All on-site pedestrian paths provided
for the purposes of complying with this land use code shall conform with the
following standards:
(b)
On-site pedestrian paths shall be constructed of concrete, a comparable
hard surface material, or any properly designed pervious surface that
complies with the Americans with Disabilities Act.
Ordinance - 14
Section 28~ Subsections (3) and (7) of Section 9.6745 of the Eugene Code, 1971, are
amended to provide:
9~6745 Setbacks4ntrusions Permitted.
Projecting Building Features.
(a) Qne ures. The following building ~atures may project into
the required front yard setback no more than 5 ~et and into the required
interior yard setback no more than 2 feet; provided, that such projections
are at least 8 f~et from any building on an adjacent lot:
1. Eaves, cornices, belt courses, sills, awnings, buttresses or other
similar features.
2. Chimneys, fireplaces, and bay windows, provided they do not exceed
8 feet in width.
3. Porches, platforms or landings with roofs which do not extend above
the level of the first floor of the bailding.
(b) Sto~y_Structures (2 or more floors). For multiple-story buildings,
portions of buildings that may project into required front yard setbacks
include:
1. Eaves, cornices, belt courses, sills, awnings, buttresses or other
similar features~
Chimneys, fireplaces, and bay windows, provided they do not exceed
8 feet in width.
3. Open porches no deeper than 10 feet and no higher than 15 feet may
project into required yards that abut streets~
4. Bays no greater than 3 ~et deep and 10 feet long and no h/gher than
25 f~et may project into required yards that abut streets. The
maximum frequency of such bays is one bay per 15 ~et of building
street frontage.
5. Balconies with a maximum depth of 10 feet are permitted to project
into required yards that abut streets.
Signs conforming to all other applicable provisions of this code.
Freestanding signs 5 feet high or less are allowed in the 30 foot front yard
setback in the I-1 zone when located at least 5 feet from the front property
line~
(c)
(7}
Ordinance ~ 15
Parking Spaces in Required Setbacks, Parking spaces, parking areas,
structured parking, and parking garages shall not be permitted in required front
and interior yard setbacks~ except as provided herein:
(a) In areas with a broad zone category of residential, as depicted in Table
9.1030 Zones, parking in required front and interior yard setbacks is
permitted with the following restrictions:
1. Parking spaces in required front yard setbacks are permitted in
conjunction with a one family dwelling, secondary dwelling, or
9~6775
provide:
9.6885
(by
duplex, provided the parking spaces are located on driveways.
2. For lots and parcels with at least 50 feet of frontage, driveways shall
cover a maximum of one-half of the area in the required front yard
setback. All portions of required front yard setbacks not othe~wvise
covered by legal driveways shall be landscaped and maintained. In
addition, the maximum width of a driveway permitted in conjunction
with a one family, dwelling or secondary dwelling shall be 27 feet.
This includes a combined width if more than one driveway is
constructed on the lot using the required front yard setback.
3. Within the required front yard setback, recreational vehicles, boats,
boat trailers, and other vehicles not in daily use, may only be parked
on the paved driveway portion of the required front yard setback. No
parking shall occur in the landscaped portion of the required f?ont
yard setback. These vehicles not in daily use, are allowed to park in
the front setback for not more than 48 consecutive hours.
4. Recreational vehicles, boat trailers, and other vehicles not ~n daily
use, are permitted to be located in the required interior yard setbacks.
In areas with the broad zone category of commercial or industrial, as
depicted in Table 9.1030 Zones, excep~ for the C-1, C-2 and I~l zones,
parking spaces and parking areas are permitted ~n any required interior
yard set-back.
Section 29. Section 9.6775 of the Eugene Code, 1971~ is amended to provide:
Uncle Utilities. All new on-site 'utilities shall be placed underground if there
~s a utility-ox~med structure immediately adjacent to the property, unless adjusted
pursuant to the provisions of EC 9.8030(5). This provision does not apply to
temporary uses on a development ske or to new- -utility connections to structures or
buildings with legally, established above ground utility service. This requirement is
satisfied if the applicant verifies in writing that utilities will be placed underground
concurrent with planned future development to occur within 12 months. Exceptions
shall be made for such features as padmounted transformers, swkch cabinets, back
flow prevention devices and closures needed to safely operate and maintain utility
systems.
Section 30. Subsection (1)(ay of Section 9.6885 of the Eugene Code, 1971, is amended to
Tree Preservation and Re_moral Standards.
(1) Exemptions from Standards. The standards in tiffs section do not apply to an
application for development activity that includes or will result in:
(ay Residential Lots Under.~20,000 S.auare Feet. Removal of significant trees
from a parcel of property not subject to the provisions of subsection (c) of
this section with an area of less than 20,000 square feet when:
Ordinance- 16
Such parcel is occupied by a one-family dwelling, secondary-
dwelling, or duplex;
An application to construct a one-family dwelling, secondary
dwelling, or duplex on such lot is being reviewed by the city.
However~ no significant trees may be removed prior to the approval
of the development permit; or
The city has entered into an agreement authorizing the start of
construction for a one-family dwelling, secondary dwelling, or
duplex.
Section 31. Section 9.7005 of the Eugene Code~ 1971, is amended to provide:
9.7005
P_rre-ap_p~icatia.n Conferenc_e. A pre-application conference shall be required for
applications specifically listed below:
(1) Conditional Use Permit.
(2) Planned Unit Development, Tentative Plan.
(3) Willamette Greenway Permits.
A pre-application conference may also be requested by a private individual due to
factors such as the need for multiple land use applications, the scale of the
development proposal, or the complexity of the project. All required or requested
pre-application conferences shall be submitted on a form approved by the city
manager and be accompanied by a fee established pursuant to EC Chapter 2.
Section 32. Table 9.7405 of the Eugene Code. 1971, is amended to provide:
9.74~5
Application Re__qtairements and Criteria Reference. The following
applications are reviewed under the Type IV review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7405.
.................... ~-ble ice'ion Requirements and
-~n~ ..................... Beginning Reference
efmement Pl~ Amen~ent. Site Specific Change EC 9.8421
ge EC 9.8475
~f Improved']Pu ~;~Y, vacation of public right-of-way EC 9.8700
acquked with public funds. ~d vacation of undeveloped subdivision and
plats, including public right-of-way and improved public easements located
~erein
Zone Changes Pro ~;sed Conc ~'n~ '~'iSh a site specific Refinement Plan EC 9.8850
amendment
_S~ction 33_. Table 9.7505 of the Eugene Code, 1971, is amended to provide:
9.7505
_T25~e v Application Requirements and Criteria Reference. The following
applications are reviewed under the Type V review process according to the
requirements and criteria set forth for each application as reflected in the beginning
Ordinance - 17
reference column in Table 9.7505:
Refinement Plan Amendments ro policies and/or maps that are not limited ro a
specific site
evelopment Areas
Table 9.7505 Type V Application Requirements and Criteria
Begin_ ng Reference
EC 9.8060
EC 9.~421
EC 9.8421
EC 9.8850
EC 9.3000
EC 9.4250
Section 34. Subsection (3) of Section 9.7520 of the Eugene Code, 197t, is amended to
provide:
9,7520 ~grigg Notice.
At least 20 days prior to the planning commission public hearing, the city shall
publish notice of the public hearing in a local newspaper of general circulation
within the city.
Section 35. Subsections (2) and (10) of Section 9.8030 of the Eugene Code, 1971, are
amended by adding new subparagraphs (c) thereto, and renumbering Subsections (10)(c) and (10)(d)
to (t0)(d) and (10)(e) respectively, to provide:
%8030
m Review ~ Approval Criteria. The planning director shall approve~
conditionally approve, or den), an adjustmem review application. Approval or
conditional approval shall be based on compliance with the following applicable
criteria.
(2) Setback Standards Adjustment. Where this land use code provides that the
setback standards applicable to specific zones may be a4i usted, the standards
may be adjusted upon finding that the proposed setback is consistent wkh the
following applicable criteria:
(c)
Minimum Setbacks for DriyerT~o~ Facility Service Areas and
Stackigg k~es. Standards establishing a minimum setback for service
areas and stacking lanes may be adjusted upon a finding that the proposal
achieves all of the fbllowing:
1. Is compatible with adjacent developmenL
2. Creates an attractive pedestrian environment along all adjacent
streets.
Ordinance - 18
Where necessary, provides visual separation between adjacent
development°
Motor Vehicle Parking and Loading Standards Adjustment. Where this
land use code provides that the motor vehicle parking standards may be
adjusted, the standards may be adjusted upon finding the applicable
corresponding criteria are met.
(c)
(d)
~arkin_g Area Standards. Adjustments may be made to the landscape
standards of EC 9.6420(3) upon finding that the proposed landscape is
consi sten~ with the following applicable criteria:
1. Provides visual separation, as needed, between adjacent
development.
Provides clearly defined parking area entrances and on-site
pedestrian circulation,
3. Enhances and sokens the appearance of parking structures.
4. Breaks up large expanses of parking.
5. Protects or mitigates the loss of significant trees or other natural
features on or a4iacent to the development.
Shared Off~Street Parking. The shared off-street parking space
requirements of EC 9.6430 may be adjusted as fbllows:
I. Joint Use at Different Times. The joint use of required facilities at
different times may be allowed provided all of the following exist:
a. The applicant shows there will be no substantial conflict in the
principal operating hours of the buildings or uses for which the
joint parking use is proposed.
b. The parking facility will be within 1/4 mile or 1,320 feet of
buildings or uses it will serve.
c. The parties involved in the joint parking facility agree to the
joint use arrangement in a legal document approved by the city
attorney.
d. The legal document is recorded in the office of the Lane
County recorder and a copy filed with the city*s Building and
Permit Services Division.
2. Joint Use Simultaneously. The simultaneous joint use of required
facilities may be allowed provided all of the following exist:
a. No more than 2 uses under separate oamership or occupancy
shall be involved.
b. The uses will occur on the same development site.
c. It can be reasonably anticipated that a number of customers or
clients will be served by both uses while on the development
site.
The determination of the number of required off-street parking
spaces under 1. or 2. of this subsection shall be based on a review of
Table 9.6410 Required Off-Street Motor Vehicle Parking, operating
Ordinance- 19
(e)
characteristics and the conditions noted above.
Ever!t Permanent P~king Facilities. The standards of EC 9.6435
for permanent parking facilities for special events may be adjusted
provided the proposal results in the development of attractive, safe, and
efficient special event parking areas.
Section 3iL Subsection (4) of Section 9.8100 of the Eugene Code, t971, is amended to
provide:
%8100
~onditional Use Permit Approval Criteria~ Needed Housi...n_g, The hearings
official shall approve, conditionally approve, or deny the conditional use permit
application~ Unless the apphcant elects to use the general criteria contained in EC
9.8090 Conditional Use Peri, it Approval Criteria - Genera!., where the applicant
proposes needed housing, as defined by the State statutes, the hearings official shall
approve or approve with conditions a conditional use based on compliance with the
fbllowing criteria:
(4) The proposal complies with all applicable standards, including, but not limited
tO:
(a)
EC %6706 Development in Flood Plains through EC 9.6709 _Special Flood
Hazard Areas - Standards.
(b) EC 9.6710 Geol~al and Geo~echnical Analysis.
(c) EC 9.6730 Pedestrian Circulation OmSite.
(d) EC 9.6735 Public Access Require4.
(e) EC 9.6750 S_~.ecial Setback Standards.
(f) EC 9.6775 U~derground Utilities.
(g) EC 9.6780 Vision Clearance Area.
(h) An approved a4i ustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes compliance with
the standard.
%8110
Seetion 37, Section 9.8110 of the Eugene Code, 1971, is amended to provide:
Modifications.~[~ Apl~roved Conditional Use Permit. After the effective date of the
approval of the conditional use permit, modifications to the approved conditional use
permit may be considered in accordance with the Type II application procedures
contained in EC 9.7200 through 9°7230, Type lI Application Procedures. The
planning director shall approve the request only if it complies with the following
criteria:
(1) The proposed modification is not materially inconsistent with the conditions of
tl:~e original approval; and
(2) The proposed modification will result in insignificant changes in the physical
appearance oft he development, the use of the site~ and impact on the surround-
ing properties.
Ordinance - 20
If the requested modification does not meet the criteria for approval, the application
wSll be denied. The applicant may submit the requested modification as a new
conditional use permit application based on Type III procedural requirements.
Nothing in this land use code shall preclude the applicant from initially submitting the
requested modification as a new conditional use permk application.
Section 38. Subsection (1)(d) and (1)(e) of Section 9.8215 of the Eugene Code, 1971, are
amended to provide:
9,8215
P_artition, Temative Plan A_~roval Criteria- General. The planrfing director shall
approve, approve with conditions, or deny a partition, with findings and conclusions.
Approval, or approval with conditions, shall be based on compliance with the
following criteria:
(1) The proposed partition complies with all of the following:
(d) EC 9.6706 Develop_ment in Flood Plains through EC 9.6709 Special Flood
Hazard Areas - Standards.
(e) EC 9.6710 Geological and Geotechnical Analysis.
Se~_ction 39. Subsections (2)(d) and (2)(e) of Section 9.8220 of the Eugene Code, 1971, are
arr~ended to provide:
9.8220
Pgrti~[on, T~gta oval Criteria- Needed Hgusing, The planning
director shall approve, conditionally approve, or deny the partition application.
Unless the applicant elects to use the general criteria contained in EC 9.8215
P~rtition~ Ten.t_ative Plan A_12proval Criteria- General..., where the applicant proposes
needed housing, as defined by the State statutes, the planning director shall approve or
approve with conditions a partition based on compliance with the following criteria:
(2) The proposed partition complies with all of the following:
(d) EC 9.6706 Develop__ment in Flood Plains through EC 9.6709.8_pecial Flood
Hazard Areas - Standards.
(e) EC 9.6710 Geological and Geotechnical Analysis.
Section 4{}. Subsection (1) of Section 9.8305 of the Eugene Code, 1971, is amended to
provide:
9.8305
A_~plica~[!ity_'. PUD provisions shall be applied when any of the following conditions
exist:
(1) The proposal is subject to review and approval through the PUD process
according to an adopted refinement plan, including but not limited to, property
Ordinance - 21
within the boundary, of the South Hills Study where all or a portion of a
development site is:
(a) Between an elevation of 500 feet and 701 fbet, and the development site is
at least 4 acres with areas of the development site containing slopes that
exceed 20%.
(b) On property above 701 feet in elevation, except partitions that do not
include the creation of a public street, unless an alternate review procedure
is approved pursuant to EC 9.9630(3)(a)~
(c) Above an elevation of 900 feet, except for a land division undertaken by or
on behalf of a govermmental entity in order to preserve, manage, or expand
park, open space, or natural resource areas.
Seetion 41, Subsections (11)(c) and (11)(d) of Section 9.8320 of the Eugene Code, 1971,
are amended to provide:
9.8320
Te.` ntative Planned Unit Deve!op_m,ent A_p_proval Criteria- GeneraL. The hearings
official shall approve, approve with conditions, or deny a tentative PUD application
with findings and conclusions. Decisions approving an application, or approving with
condkions shall be based on compliance with the following criteria:
(11) The PUD complies with all of the following:
(c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood
Hazard Areas - Standards.
(d) EC 9.6710 Geological and Geotechnical Analysis.
Section 42. Subsections (7)(c) and (7)(d) of Section 9.8325 of the Eugene Code, 1971, are
amended to provide:
%8325
Tentative Planned U_nit Development Approval Criteria - Needed Honsing.
The hearings official shall approve, condkionally approve, or deny the PUD
application w~th findings and conclusions. Unless the applicant elects to use the
general criteria contained in EC 9.8320 Tentative Planned Unit Developmer~
A_A~provg! Criteria_- Genera_l~ where the applicant proposes needed housing, as defined
by the State statutes, the hearings official shall approve or approve with conditions a
PUD based on compliance with the following criteria:
(7) The PUD complies with all of the following:
(c) EC 9.6706 Development in Flood Plains through EC 9.6709 _Special Flood
Hazard Areas - Standards.
(d) EC 9.6710 Geological and Geotechnical Anal~.
Ordinance - 22
Section 43~ Subsection (1) of Section 9.8405 of the Eugene Code, 1971, are amended to
provide:
9~8405
&pplicabititw_9~f ProperBL Line Adjustment A_AEplications.
(1) A property line adjustrnent application is applicable to changes to the property
lines of adjoining properties when all of the following exist:
(a) A property line proposed for removal is not platted in a partition or
subdivision plat.
(b) A property line proposed for adjustment will not result in an increase in
the number of parcels or lots.
(c) A property line proposed for adjustment will not create more than 2
property line adjustments to any of the boundaries of an individual lot or
parcel within a calendar year. This subsection does not apply to proposed
property line adjustments undertaken by or on behalf of a governmental
entity that affect the ability to preserve, manage, or expand park, open
space, or natural resource areas.
(d) The adjustment will result in less than a 200% change in the size of the lot
or parcel. This subsection does not apply to proposed property tine
adjustments undertaken by or on behalf of a govermnental entity that
a~bct the ability to preserve, manage, or expand park, open space, or
natural resource areas.
Section 44. Section 9.8415 of the Eugene Code, 1971, is amended by adding a new
Subsection (4) thereto, to provide:
9.8415
Proper~ty Line Adj. gstment Approval Criteria. The planning director shall
approve, approve with conditions, or deny the property line adjustment application.
Approval or approval with conditions shall be based on compliance with the
following criteria:
(4)
Public assessments, liens, and fees with respect to the partition have been paid,
or:
(a) A segregation of assessments and liens has been applied for and granted by
the city; or
(b) An adequate guarantee in a form acceptable to the city manager has been
provided assuring the liens, assessments and fees will be paid prior to
recording the property line adjustment.
Section 45. Subsections (5)(c) and (5)(d) of Section 9.8440 oft he Eugene Code, 1971, are
amended to provide:
Ordinance - 23
%8440
Site Review Approval Criteria- General. The planning director shall approve,
condkionally approve, or deny the site review application. Approval or condkional
approval shall be based on compliance with the following criteria:
(5) The proposal complies with all of the following standards:
(c) EC 9.6706 Devel0pmem in Flood Plains through EC 9.6709 S_'pecial Flood
Hazard Areas - Standards.
(d) EC 9.6710 Geological and Geoteclmical Armlysis.
Section 46, Subsections (4)(c) and (4)(d) of Section 9.8445 of the Eugene Code, 1971, are
amended to provide:
9.8445
Site Revie~proval Criteria- Needed Housing, The plamning director shall
approve, conditionally approve, or deny the site review application. Unless the
applicant elects to use the general criteria contained in EC 9.8440 Site Review
~proval Criteria ~ General., where the applicant proposes needed housing, as defined
by the State statutes, the planning director shall approve or approve with conditions a
site review based on compliance with the following criteria:
(4} The proposal complies with all of the following standards:
(c) EC 9.6706 Development in Flood Plains through EC 9.6709 ~ecial Flood
Hazard Areas - Standards.
(d) EC 9~6710 Geological and Geotechnical Analysis.
Section 47. Subsections (10)(a) and (10(b) of Section 9.8515 of the Eugene Code, 1971,
are amended to provide:
%8515
Subdivision, Tentativ¢ Plan Ap_proval Criteria - General. The planning director
shall approve, approve wqth conditions, or deny a proposed subdivision. Approval, or
approval with conditions shall be based on compliance with the following criteria:
(lO)
The proposed subdivision complies with all of the following:
(a) EC 9.6706 Development in Flood Plains through EC 9.6709 _Special Flood
Hazard Areas - Standards.
(b) EC 9.6710 Geological and Geotechnical Anal~.
.Section 48. Subsections (3)(d) and (3)(e) of Section 9.8520 of the Eugene Code, 1971, are
amended to provide:
Ordinance - 24
Subdi¥isiom Tentative Plan Approval Criteria- Needed [lousing. The planning
director shall approve, conditionally approve, or deny the subdivision application.
Unless the applicant elects to use the general criteria contained in EC 9.8515
Subdivisiom Tentative Plan A_p_proval Criteria- Genera_l, where the applicant proposes
needed housing, as defined by the State statutes, the planning director shall approve or
approve with conditions a subdivision based on compliance with the ~%llowing
criteria:
(3) The proposed subdivision complies with all of the following:
(d) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood
Hazard Areas - Standards.
(e) EC 9.6710 Geological and Geotechnical Analysis..
Section 49. Sections 9.8650, 9.8670, and 9.8680 of the Eugene Code, 1971, are amended
to provide:
Purpose of Traffic Impact Anal.¥sis Review. The purpose of Traffic Impact
Analysis Review is to ensure that developments which will generate a significant
amount of traffic, cause an increase in traffic that will contribute to traffic problems in
the area, or result in levels of service of the roadway system in the vicinity of the
development that do not meet adopted level of service standards provide the facilities
necessary' to accommodate the traffic impact of the proposed development. In
addition, any Traffic Impact Analysis Review addressing streets in the jurisdiction of
Lane County is also designed to ensure that cross sectional elements of streets, such
as the wearing coarse or pavement, base material, soils, or storm water structures
(bridges or culverts) have the adequate capacity to accommodate developments that
utilize vehicles of heavy weight and associated vehicle traffic as part of their activity~
9.8670
&f~plicabili~. Traffic Impact Analysis Review is required when one of the
following conditions exist:
(1) The development will generate 100 or more vehicle trips during any peak hour
as determined by using the most recent edition of the Institute of Transportation
Engineer's Trip Generation Manual. In developments involving a land division,
the peak hour trips shall be calculated based on the likely development that will
occur on all lots resulting from the land division.
(2) The increased traffic resulting fi'om the development will contribute to traffic
problems in the area based on current accident rates, traffic volumes or speeds
that warrant action under the city's traffic calming program, and identified
locations where pedestrian and/or bicyclist safety is a concern by the city that is
documente&
(3) The city has performed or reviewed traffic engineering analyses that indicate
approval of the development will result in levels of service of the roadway
system in the vicinity of the development that do not meet adopted level of
Ordinance - 25
service standards.
(4) For development sites that abut a street in the jurisdiction of Lane County, a
Traffic Impact Analysis Review is required if the proposed development will
generate or receive traffic by vehicles of heavy weight in their daily operations.
For purposes of EC 9.8650 through EC 9.8680, "daily operations" does not include
routine services provided to the site by others, such as mail delivery, garbage pickup,
or bus service. "Daily' operations" does include, but is not limited to, delivery (to or
from the site) of materials or products processed or sold by the business occupying the
site. For purposes of EC 9.8650 through EC 9.8680, "heavy vehicles" are defined as
a single vehicle or vehicle combination greater than 26,000 pounds gross vehicle
xveight or cornbined gross vehicle weight respectively.
%8680
A__p. proval Criteria. The planning director shall approve, conditionally approve, or
deny an application for Traffic Impact Analysis Review following a Type II process,
or as part of a Type III process when in conjunction with a CUP or PUD. Approval or
conditional approval shall be based on compliance with the following criteria:
(1) Traffic control devices and public or private improvements as necessary to
achieve the purposes listed in this section will be implemented. These
improvements may include, but are not lirrfited to, street and intersection
improvements, sidewalks, bike lanes, traffic control signs and signals, parking
regulation, driveway location, and street lighting.
(2) Public improvements shall be designed and constructed to the standards
specified in EC 9.6505 ~provements - Specifications. The requirement of
i:mprovements based on a traffic impact analysis does not negate the ability of
the city traffic engineer to require improvements by other means specified in
this code or rules or regulations adopted thereunder.
(3) An exception to any or all of the requirements listed in the "Standards for
Traffic Impact Analyses" for development that generate less than 100 trips in
any peak hour may be granted if the applicant demonstrates that the study is not
necessary in order to demonstrate compliance with this subsection.
(4) In addition to the above criteria, if the Traffic Impact Analysis Review was
required based on EC 9.8670(4), the improvements shall also address the
structural capacity of the street in the County's jurisdiction and address
identified structural deficiencies, or reduction in the useful life of existing street
structures related to the proposed development. Improvements may be needed
to eliminate the identified structural deficiencies and to accommodate vehicle
impacts to structures.
Section 5{}. Subsection (1) of Section 9.8860 of the Eugene Code, 1971, is amended to
provide:
%8860
General Re~_uirements.
(1) Concurrent Review. Zone change applications may be reviewed concurrently
with certain other land use applications, but only as provided in EC 9.8005
Ordinance - 26
Applicability and Effect of Application Requirements~ Criteria, and Concurrent
Review and in EC 9.8855 ~plic~.
Section 51~ Subsections (1) and (3) of Section 9.9630 of the Eugene Code, 1971, are
arr~ended to provide:
South Hills Study Policies.
(1) Ridgeline Park Section - Specific Recommendations.
(a) That all vacant property above an elevation of 901' be preserved from an
intensive level of development, subject to the following exceptions:
1. Development of individual residences on existing lots; and
2. Development under planned unit development procedures When it
can be demonstrated that a proposed development is consistent with
the adopted South Hills Study Ridgeline Park purpose statement
which provides any areas recommended for preservation or park
usage should serve at least one of the following purposes:
a. To insure preservation of those areas most visibly a part of the
entire community.
b. To protect areas of high biological value in order to provide for
the continued health of native wildlife and vegetation.
c. To insure provision of recreational areas in close proximity to
major concentrations of population.
d. To provide connective trails between major recreational areas.
To provide connective passageways for wildlife between
important biological preserves.
f. To contribute to Eugene's evergreen forest edge.
g. To provide an open space area as a buffer between the
intensive level of urban development occurring within the
urban service area and the rural level of development occurring
outside the urban service area.
(b) That all proposed developments in the south hills area be reviewed to
determine if connecting linkages are possible between various park sites,
particularly north of Skyline Park to Hendricks Park and between Blanton
Heights and Hawkins Heights.
(3)
Development Standards - Specific Recommendations~
(a) That all major developments (developments in excess of minor partkions)
occurring on property above an elevation of 701' shall be reviewed by the
Planning Director to determine if standard subdivision procedures, site
review procedures, or planned unit development procedures should be
required. In reaching a determination, the Planning Director shall evaluate
the following ~hctors:
1. The potential for surface movement;
2. The view potential of the property;
Ordinance ~ 27
3. The nature of existing vegetation;
4. The nature of surrounding development; and
5. The nature of the development proposal.
The decision of the Planning Director shall be appealable to the Planning
Commission and thence to the City Council. (See provisions beginning at
EC 9.7600 for appeal procedures.)
(b) That planned unit development procedures shall be utilized for the
following purposes:
1. To encourage clustering of development in areas characterized by:
a. Shallowest slopes.
b. Lowest elevations.
c. Least mnount of vegetation.
d. Least amount of visual impact.
2. To encourage preservation as open space those areas characterized
by:
a. Intermediate and steep slopes.
b. Higher elevations.
c~ Significant mounts of vegetation.
d. Significant visual impact.
(c) That adequate review of both on-site and off-site impact of any
development by a qualified engineering geologist occur under any of the
fbllowing conditions:
1. All formations:
Soil depth of 40 inches and above.
Slopes of 30 percent and above.
Z Basalt flows:
Soil depth of 40 inches and above.
Slopes of 20 percent to 30 percent.
3. Eugene Formation:
Soil depth of 40 inches and above°
Slopes of 20 percent to 30 percenL
4. Basalt flows:
Soil depth of 20 to 40 inches.
Slopes of 30 percent and above.
5, Eugene Formation:
Soil depth of 20 inches to 40 inches.
Slopes of 30 percent and above.
(d) That developments be reviewed to encourage clustering of open space
elements of different developments in order to preserve the maximum
arnount of continuous open space~
(e) That developments be reviewed in terms of scale~ bulk and height to insure
that development blends with rather than dominates the natural
characteristics of the south hills area.
(f) That alt proposed locations be reviewed to insure minimum grade
disturbance and minimum cut-and-fill activity, particularly in those areas
Ordinance - 28
most visible due to slope, topographic or other conditions.
(g) That planned unit development review shall be based upon a recognition
of both public and private interest~ In areas of significant conflict (e.g.,
locating development in a highly visible area as opposed to a less visible
area or in an area of significant vegetation as opposed to a relatively open
area) which could be resolved through use of an alternative development
plan, primacy shall be given to the public interest in any determinations~
(h) That all developments shall be reviewed for potential linkage with or to
the fidgeline system.
(i) That all developments (planned unit developments or subdivisions) be
reviewed to insure maximum preservation of existing vegetation.
Section 52. In addition to the above amendments, the following replacement maps or
figures are attached hereto:
(a) Figure 9.2171 (5) Maximum Front Yard Setbacks, Building Orientation, arid
Entrances~ The figure is amended to be consistent with the text at EC 9.2171(5) and to
illustrate the maximum front yard setback for GO General Office.
(b) Figure 9.5500(12) Multiple-Family Parking and Multiple-Family Parking
(Continued) is amended to accurately reflect standards in EC 9.5500(12).
(c) Map 9.6410(4)(a) Downtown and West University Automobile Parking
Exempt Areas is amended to correct error in the southern boundary of the exemption area
by including the additional half blocks on the south side of East 13th Avenue to the alley
between Patterson Street and Kincaid Street.
(d) Map 9.6715(4) Gfllespie Butte Height Limitation Area is amended to correct
error in the map to make it consistent with Willakenzie Area Plan and arnendment to EC
9.6715(4).
(e) Map 9.8010 Adopted Plans is amended to correct scrivener errors, by adding
the missing letters at the end of some of the street names. The revised Map also indicates
that the dashed line is the Urban Growth Boundary as of August 1, 2001 and that ~ture
changes do not require a change to the map in the code.
Section 53~ Although not part of this Ordinance, the City Council adopts the Legislative
Findings set ~brth in the attached Exhibit A in support of this action.
Section 54. 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,
Ordinance - 29
such portion shall be deemed a separate~ distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
Section 55~ 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 5{3~ It is necessary for the preservation of the public health, welfare and safety for
this Ordinance to have immediate effect. Therefore, this Ordinance shall become effective
immediately upon itS passage by the City Council and approval by the Mayor, retention by the Mayor
for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the Cky
Council.
Passed by the CiD' Council this
8th day of October, 2001
City Recorder
Approved by the Mayor this
l0th day of October, 2001
Mayor
Ordinance - 30
in within Setbacks:
In C~1 ~, of all street
setback.
Building Portion within Setbacks: In C-2 or
0-3. at least 25% of all street facing
building facades must be within the
specified maximum setback (0 to 15 feet}.
C-1 C-2 and
See Figure 9.2173(3) for
buildings over 25,000
square feet floor area,
Property Line
Buildings in GO have a 15
feet m~imum front yard
setback but no additional
requirement that a portion
of the building be within
the maximur~ setback.
Landscape:
The space between the building
and street complying with the
maximum setback above must be
landscaped or an enhanced
pedestrian space in accordance
With EC 9,6210(1) Basic
Landscape Standard or Figure
9,217t (5)(e),
-~= Main Entrance
Street
g and Pedestrian Amenities:
The maximum front yard setback may
be exceeded if the area between the
building and the street is landscaped or
paved for use by pedestrians, The area
must contain at least the equivalent of 1
enhanced pedestrian amenity for every
200 squarefeet of hard surface. See
Figure 9.2171 [5)(e) and Figure
9,4530(8),
Figure
Streets may be designed
with par~.lle~ parking
Open
Space
Parking Courts provide
acce~ to garages or
head-in-~arking.
Maxii
driveways,
Streets provide for throug
movements and defined biecks,
See Figure 9~5500(12) (b)
Multiple-Family Parking CSurts
Street
Stree~
Street
Street
See Figure 9,5500(12) (b)
MultiPle-Family Parking Courts
Note: Parking lot landscaping
not fully illustrated.
Gillespie Bu~e Height
Umit~tion Area ap~lies
to a`l] property above
450 f6et Within this
area., buiJdin§s a`re
J~m~ted to ~ height of
585 feet above mean
sea ~eve~ except for
Area A and ~ea B.
Within Ama A, buildings
am [imited to a maximum
height of no mom than
595 feet above mea~
sea level .
W~th~n Ama B, bu][d~ngs
am ~m~ted to a m~mum
height of n° mom than
588 ~eet above mean
Map 9
ADOPTED PMN$ LEGEND
7.
9.
i&
Specific Area Plans
Eugene Downtown P~an
Riverfront Park Study
West University Refinement Plan
19th & Agate Special Area Study
Fairmount/University Special Area Study
Laurel Hil~ Plan
South Hi~s Study
South Willamette Subarea Study
Jefferson~Far West Refinement P~an
~de Neighborhood P~an
Wh[teaker Plan
Willakenz[e Area Plan
River Road-Santa Clara Urban Facilities Plan
BetheFDanebo Refinement Plan
8etheFDane~ Neighborhood Refinement Plan, Phase []:, West Eugene industrial Study
Willow Creek Specia[ Area Study
Resolution No, 3862 Adopting the West 11th Commerdal Land Use Policy
Resolution No~ 3885 Establishing Areas for the Application of C-A Zoning
City or ~etropollt~n Area Plans
Urban Growth Boundary (UGB) = / % ¢ '
hensive Stormwater Management Plan = City Limits
Eugene Commercial Lands Study = UGB
Eugene Parks & Recreation Plan = UGB
Metro Plan = Metro Area
TransP~an = Metro Area
(not shown)
This map is intended as a general reference for
the boundaries of plans adopted by the Eugene
City Council For specific boundaries, Cease refer
to the plan. Map prepared by the Eugene Planning
& Develepment Department. (Some plans have
overlapping boundaries.) February 2001
~ap 9,80'~0
ADOPTED PLANS
13
Cai Young Rd.
12
Bdfline Rd
.Harlvw Rd
-~egend on adjoining page
N
Exhibit; A
FINDINGS IN SUPPORT OF THE ADOPTION OF
MINOR LAND USE CODE AMENDMENTS
In~roducfian
in the Eugene-Springfield metropolitan area, comprehensive planning begins at the regmnal
level~ The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the
acknowledged comprehensive plan for the cities of Eugene and Springfield and unincorporated
areas of Lane County witkfin the Metro Plan boundary'. Originally acknowledged by the Land
Conservation and Development Commission in 1982, the Metro Plan is currently undergoing its
second periodic review. The Metro Plan is a fYamework plan and is supplemented by more
detailed plans, which are adopted as refinements of the Metro Plan. Refinement plans include
functional plans, special areas studies and neighborhood plans. Land Use regulations are a
primary mechanism for implementing the Metro Plan.
For the Eugene portion of the urban growth boundary, current land use regulations are primarily
contained in Chapter 9 Land Use of the Eugene Code, 197~ Under the 1987 "urban transition"
agreement between Lane County and the Cky of Eugene, Lane County amended Chapter l0 of
;he Lane Code ro reflect adoption of the City's Land Use Code for application Mthin the
unk~corporated portion of the Eugene urban growth boundary and transferred the responsibilky
and authority to administer the code to the City. As a result, amendments to the Land Use Code
need to be adopted by the Lane County Board of Commissioners as well as the Eugene City
Council.
In February 200 l, the Eugene City Council adopted a new Land Use Code, effective Augus~ t.
2001 for the area within the Eugene City limits. Lane County adoption of the new Land Use
Code for application wqthin the tmincorporated portion of the Eugene 'urban grox;~h boundary is
pending~
Staff. and the public have identified errors, omissions and clarifications to the new Land Use
Code that can only be corrected through arnendments to the Code. Examples include: correction
of incorrect defkfitions, section references and inconsistencies between code text and code tables;
clarification of existing sections; and addition of sections that were incorrectly eliminated
the final ordk~ance.
The following criteria shat1 be applied by the elected officials to the adoption of amendments to
the Eugene Land Use Code:
(1) Consistency with applicable statewide ptann~ng goals as adopted by the Land
Conservation and Development Commission:
Exhibit A
Fh~dings
Page
(2)
(3)
Consistency with applicable provisions of the Metro Plan and applicable adopted
refinement plans; and
In the case of establishment of a special area zone, is consistent with EC 9.3020 Cr_keria
for Establishmegt of an S 1 Ar__ea Zone_.
Findings of Consistency with Statewide Planning Goals
Goal 1' ' '
. C~t~en Involvement
To develop a citizen involvement program that insures the opportunkies for citizens to be
involved in all phases of the planning process.
Thins package of minor amendments to the land use code was developed to address errors,
omms~ons and clarifications identified by staff, by the public at trairfing sessions on the new
L and Use Code, and through review of building permit and land use applications submitted after
the new' Land Use Code took effect. Additional amendments were identified during public
review of the draft package of minor amendments.
On Jul>, 27, 2001, the Notice of Proposed Action was submitted to DLCD as required by ORS
197.610(1). Written notice of the joint Eugene amd Lane County planning commissions public
hearing on the minor Land Use Code amendments was mailed on Friday, August 10. -W¥itten
notice was mailed to individuals who requested notice of adoption of the new' Land Use Code,
Who attended training sessions on the new Land Use Code, to Eugene neighborhood associations,
mad to a list of interested parties for Lane County planning commission public hearings provided
by Land Cotmty staff~ Notice of the joint planning commission public hearing was also
published in the Eugene Register-Guard 20 days in advance of the .i oint planning corrm~nssion
public hearing.
Written comments received in advance of the September 11, 2001 joint Eugene and Lane Count>,
pl commission public hearing were distributed to the planning commissioners prior to the
public hearing. Written comments received at the public hearing were distributed prior m
Eugene and Lane County planning corrm~ission meetings on recommendations to the elected
officials.
The Eugene Planning Commission held two work sessions on the minor Land Use Code
amendments and fbrwarded a recommendation to the Eugene City Council on October 1,2001
Written notice of the Eugene City Council public hearing was sent to the interested parties list,
including all who submitted written or oral testimony to the planning co~issions, on
r 25, 2001~ The Eugene City Council held a public hearing on the minor Land Use
Code amendments on October 8. 2001.
The citizen involvement program described above exceeds local and stare requirements for
amendments to the Eugene Code and has provided ample opportunities for citizens to be
involved throughout the process. Therefbre, these amendments comply with Goal 1.
Exhibit A
Findings
Page 2
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 base for such
decisions and actions.
The Eugene Land Use Code specifies the procedure and criteria to be used in considering
amendments to the code. These substantive sand procedural requirements ensure that code
amendmems will be based upon substantial evidence in a record established through the review
process applicable m the code amendment 'under consideration. Theref[gre, these amendments
comply with Goal 2~
Goal 3: Agricultural Lands
Goal 4: Forest Lands
The Eugene urban growth bomadary does not include any lands intended £br preservation and
maintenance as agricultural lands under Goal 3 or forest lands under Goal 4. Therefore, these
goals do not apply.
Goal 5: Open Spaees~ Scenic and Historic Areas, and Natural Resources
There are no amendments proposed to the Natural Resource Zone,/WP Waterside Protection
Overlay- Zone,/WB Wetland Buf£er Overlay zone. or S-H Historic zones, The minor code
amendments do not affect~ compliance with Goal 5.
Goal 6: Air, Water and Land Resources Quality
There are no amendments that substantively change the code requirements related to air, water
and land resources qualky. These amendments do not affect compliance with Goal 6.
Goal 7: Areas Subject to Natural Disasters and Hazards
Amendments to the geotechnical analysis requirements of the code clarify those requirements for
staff and the public. These arnendments comply with Goal 7.
Goal 8: Recreationa~ Needs
There are no amendments proposed to the Park, Recreation and Open Space Zone or to the
PuNic Land Zone. These amendments do not affect compliance with Goat 8,
Goal 9: Eeonomie Development
These amendments do not dirninish the inventory of buildable land for commercial or industrial
development. These arnendments do not affect compliance with Goal 9.
GOal 1O: Housing
These amendments do not diminish the inventory of buildable residemial land. These
amendments do not affbct compliance with Goal 10.
Goal 11: Public Facilities and Services
These amendments do nor affect requirements for pt£blic fhcilities and services. These
amendments do not affect Compliance with Goal 11.
Exhibit
Fkldings
Page 3
Goal 12: Tram portation
The amendments to the/ND Nodal Development overlay zone correct err'ors in the adopted Land
Use Code related to the review procedure f~r application of the overlay zone and revie~~ of
development permits within these areas~ There are no changes to the density and development
standards of the overlay zone~ These amendments do not affect compliance with Goal
Goal 13: Energy Conservation
These amendments do not affect regulations related to energy conservation.
do not affect compliance with Goal 13.
These amendments
Goal 14: UrbanLzation
These amendments do not affect regulations related to amendments to the ur'ban growth
boundary~ annexation ofurbanizable land to the city or the density or intensity of developmem
within the city. These amendments do not affbct compliance with Goal 14.
GOal 15: Willamette Greenway
7Fhese amendments do not affect regulations related to the Willamette Greenway. These
mnendments do not affect compliance with Goal 15.
Goal 16: Estuarine Resources
Goal 17: Coastal Shorelands
Goal 18: Beaches and Dunes
Goal 19: Ocean Resources
There are no such areas within the Eugene urban growth boundary. Therefbre, these goals do not
apply.
Findings of consistency with applicable provisions of the Metro Plan and applicable
adopted refinement plans
Residential Land Use and Housing Element
These amendments are consistent-with the policies in this dement and, as noted under Statewide
Plmming Goal findings, do not affect the inventory of buildable residential lan& Therefbre~
these amendments are consistent Mth this element of the Metro Plan.
Economic Element
These amendments are consistent with the policies in this element and, as noted 'under Statewdde
Planning Goal 9 findings, do not affbct the inventory of buildable commercial or industrial land.
Therefore, these amendments comply' with this element of the Metro Plan.
Environment Resources Element
Fhese amendments are consistent with the policies in this element. Therefbre, these amendments
are consmtent with this element of the Metro Plan.
Exhibit A
Findings
Page 4
Willamette River Greenway, River Corridors, and Waterways Element
These amendments do not address this element. Therefore, this element does not apply to these
amendments,
Environmental Design Element
These amendments do not ad&ess this element. Therefore, t-his elernem does not apply to these
amendments,
Transportation Element
These amendments are consistent with the policies in this element. Therefore, these amendments
are consistent with this element.
Public Utilities, Services and Facilities Element
These amendments do not address this element. Therefore, this element does not apply to these
amendments.
Parks and Recreation Facilities Element
TheSe amendments do not ad&ess this element. Therefbre, this element, does not apply to these
amendmems~
Energy Element
These amendments do not address this element. Therefore, this element does not apply to these
amendments.
C~t~en Involvement Element
The citizen ~nvolvement process for these amendments, as outlined under findings for Statewide
Plamfing Goal l, are consistent with the policies in this element, There~bre~ these amendments
are consistent with this element.
In the case of establishment of a special area zone, is consistent with EC 9,3(}20
Criteria f~r Es!ablishment of an S S~pecial Area Zone.
These amendments do not establish a special area zone. Therefore, this criteria does not apply
these amendrnents.
Exhibk A
Findings
Page 5