HomeMy WebLinkAboutOrd. 20659 (ADUs)
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ADOPTED:3¤¯³¤¬¡¤± ΐΔǾ ΑΏ21
SIGNED:3¤¯³¤¬¡¤± 17,2021
PASSED:6:2
REJECTED:
OPPOSED:#« ±ªǾ 3¤¬¯«¤
ABSENT:
EFFECTIVE:3¤¯³¤¬¡¤± ΐΖǾ ΑΏΑΐ
ORDINANCE NO. 20659
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, 9.3065, 9.3115, 9.3125, 9.3126, 9.3210, 9.3215, 9.3310, 9.3510,
9.3625, 9.3626, 9.3810, 9.3811, 9.3815, 9.3910, 9.3915, 9.3970, 9.6410 AND
9.8030 OF THAT CODE; ADDRESSING THE OREGON LAND USE BOARD OF
APPEALS’ REMAND OF ORDINANCE NOS. 20594, 20595, AND 20625; AND
PROVIDING AN EFFECTIVE DATE.
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.
Section 3. The “Dwellings” subsection in the “Residential” section in Table 9.2010 of the
Eugene Code, 1971, is amended to provide as follows:
Ordinance - Page 1 of 25
Table 9.2010 Agricultural Zone Uses and Permit Requirements
AG
Residential
Dwellings
One-Family Dwelling, 1 Per LotP
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-1R-R-2 R-3R-4
1.5
Residential
Dwellings.(All 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 Development process.)
Accessory Dwelling P(2) P(2)P(2)P(2)
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. One accessory dwelling is allowed for each detached
one-family dwelling on the same lot, subject to the standards at EC 9.2750
and EC 9.2751.
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:
Ordinance - Page 2 of 25
Table 9.2750 Residential Zone Development Standards
(See EC 9.2751 Special Development Standards for Table 9.2750.)
R-1R-1.5R-2R-3R-4
Maximum Building Height (2), (3), (4), (5), (16), (17), (18)
Accessory DwellingSee (17)--See (17)See (17)See (17)
Minimum Building Setbacks (2), (4), (6), (9), (10), (11), (16), (17), (18)
Interior Yard Setback for See (17)--See (17)See (17)See (17)
Accessory Dwellings
Maximum Lot Coverage (17), (18)
Lots with Accessory Dwellings See --------
(Area-Specific)(17)(c)
Accessory Dwellings (17)
General Standards See --See See See
(17)(a) (17)(a) (17)(a) (17)(a)
and (b) and (b) and (b) and (b)
Area-SpecificSee --------
(17)(c)
Section 8. Figure 9.2751(16)(b)3. is amended as shown in Exhibit A attached to this
Ordinance; Figure 9.2751(17)(a)2.b.(2)(A), Figure 9.2751(17)(a)2.b.(2)(B) and Figure
9.2751(17)(a)2.c.(2), attached to this Ordinance at Exhibit A, are added; and Subsections (1),
(17) and (18) of Section 9.2751 of the Eugene Code, 1971, are amended to provide as follows:
9.2751 Special Development Standards for Table 9.2750.
(1) Density.
(a) The minimum residential density requirements set forth in Table 9.2750
do not apply to:
1. Accessory dwellings;
2. Lots zoned R-2 that are less than a half-acre (21,780 square feet)
and that were created before August 24, 2017;
3. Lots or development sites in the R-3 or R-4 zones that are
developed and are 13,500 square feet or less in size;
4. Lots within a /# overlay zone as described in EC 9.4050 to EC
9.4065; or
5. Dwellings exclusively for low income individuals and/or families
where all units are subsidized. For this purpose, low income
means having income at or below 80 percent of the area median
income as defined by the U.S. Department of Housing and Urban
Development. For these types of dwellings the minimum density is
10 units per net acre.
(Refer to Table 9.2750 Residential Zone Development Standards for the
required net area per dwelling unit.)
(b) The maximum residential density requirements set forth in Table 9.2750
do not apply to accessory dwellings.
(c) For purposes of this section, "net density" is the number of dwelling units
per acre of land in actual residential use and reserved for the exclusive
use of the residents in the development, such as common open space or
Ordinance - Page 3 of 25
recreation facilities.
(d) For purposes of calculating net density:
1. The acreage of land considered part of the residential use shall
exclude public and private streets and alleys, public parks, and
other public facilities.
2. In calculating the minimum net density required for a specific lot or
development site, the planning director shall round down to the
previous whole number.
3. In calculating the maximum net density allowed for a specific lot or
development site the planning director shall round up to the next
whole number only for:
a. A lot or development site that is 13,500 square feet or more
in area;
b. A lot or development site that is not abutting the boundary
of, or directly across an alley from land zoned R-1; and
c. Fractions of .75 or above.
In all other circumstances, the planning director shall round down
to the previous whole number.
4. At the request of the developer, the acreage described in 1.,
above, also may exclude natural or historic resources. For
purposes of this section, natural resources include those
designated for protection in an adopted plan and the area within
natural resources protection or conservation setbacks that have
been applied to the development site. For purposes of this
section, historic resources include historic property and resources
identified in an official local inventory as “primary” or “secondary.”
It may also include additional natural or historic resources upon
approval of the planning director.
(e) Legally established buildings and uses conforming to the residential net
density requirements in the R-2, R-3 and R-4 zones on December 7,
1994 are exempt from EC 9.1210 to 9.1230 Legal Nonconforming
Situations, pertaining to nonconforming uses. This exemption is limited
to development sites in the R-2, R-3, and R-4 zones on which residential
buildings and uses existed, or in which a development permit or land use
application was pending, on December 7, 1994. If such a building which
is nonconforming as to minimum density is destroyed by fire or other
causes beyond the control of the owner, the development site may be
redeveloped with the previous number of dwelling unit(s) if completely
rebuilt within 5 years. If not completely rebuilt within 5 years, the
development site is subject to the density standards of this section.
(f) Provided the number of dwelling units are not reduced below the number
present at the time of historic landmark designation, changes in the
number of dwelling units within the historic property are exempt from the
residential net density minimums.
* * *
(17) Accessory Dwellings.
(a) General Standards for Attached Accessory Dwellings. Except as
provided in subsection (c) below, attached accessory dwellings shall
comply with all of the following:
1. Building Size. The total building square footage of an accessory
dwelling shall not exceed 10 percent of the total lot area or 800
Ordinance - Page 4 of 25
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.
2.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
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 from 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,
except where the setback is from a property line
abutting a public right-of-way or private street, at a
point that is 15 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 25
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)2.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, except where the setback is from a
property line abutting a public right-of-way or
private street, at a point that is 22 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
Ordinance - Page 5 of 25
Figure 9.2751(17)(a)2.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)2.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
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)2.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
subsections a. and b. above, except that eaves and
chimneys are allowed to project into this setback no more
than 2 feet.
3. 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.
4. 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
Ordinance - Page 6 of 25
in the allowable total building square footagefor 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. 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, except where
the setback is from a property line abutting a public right-of-
way or private street, at a point that is 15 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 25 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)2.b.(2)(A) Building Height Calculation &
Sloped Setback for Sloped Lots), the standards at EC
9.2751(17)(a)2.b.(2) and EC 9.2751(17)(a)2.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.
(c) Area-Specific Accessory Dwelling Standards. Except as provided in this
subsection (c), the standards at (a) and (b) do not apply to accessory
dwellings within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association.
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 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.
2. Building Size. For lots 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
Ordinance - Page 7 of 25
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.
3.Minimum Attachment.The standards at EC 9.2751(17)(a)3. are
applicable.
4. Maximum Bedrooms. For lots with a primary dwelling containing 3
or fewer bedrooms, the accessory dwelling shall be limited to 2
bedrooms. For lots with a primary dwelling containing 4 or more
bedrooms, the accessory dwelling shall be limited to 1 bedroom.
5. 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.
6. Pedestrian Access. The standards at EC 9.2751(17)(b)2. are
applicable to attached and detached accessory dwellings.
7. Primary Entrance. The standards at EC 9.2751(17)(b)3. 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.
(18) Alley Access Lots in R-1.
(a) General Standards.
1. Applicability. Except as provided in (b) and (c) below, the following
standards apply to development on alley access lots in R-1.
2.Use Regulations.Alley access lots have the same land use
regulations as the base zone.
3. Building Size. The total building square footage of a 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.
4. Lot Coverage. Alley access lots 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.
5. Building Height/Interior Setback.
a. Interior yard setbacks shall be at least 5 feet, including along
the alley frontage. In addition, at a point that is 8 feet above
finished grade, the setback shall slope at the rate of 10
Ordinance - Page 8 of 25
inches vertically for every 12 inches horizontally away from
the property line perpendicular to the alley 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. These standards may be adjusted in accordance with EC
9.8030(35).
6. Windows, Dormers and Balconies.
a.Any window on the upper story must be located a minimum
of 10 feet from any property line.
b. Up to two dormers are allowed on the side of the dwelling
facing the alley. Dormers are limited to a maximum width of
10 feet. Dormers are not allowed on the remaining sides of
the dwelling.
c. Balconies and other second floor outdoor areas are only
allowed on the side of the dwelling facing the alley and shall
be setback at least 10 feet from the alley.
d. Notwithstanding b. and c. above, dormers and balconies are
not allowed on the second floor of a dwelling on any non-
alley facing property line unless the affected adjacent
property owner consents in writing on a form approved by
the city.
7. Bedrooms. The dwelling shall contain no more than 3 bedrooms.
8. Primary Entrance. The primary entry to the dwelling shall be
defined by a covered or roofed entrance with a minimum roof
depth and width of no less than 3 feet.
9. Pedestrian Access. The dwelling shall be served by a minimum
three foot wide hard-surfaced/hard-scaped (paved, concrete or
pavers) pedestrian walkway from the alley, or from the front street
via an easement. The pedestrian walkway must be recognizable
and distinct (different color, materials and/or texture) from the
driveway and parking area, but is not required to be separated
from the driveway or parking area.
10.Parking Spaces.There shall be aminimum of 1 and a maximum
of 2 parking spaces on the lot.
11. Parking and Driveway.
a. Only one covered or enclosed parking space may be
provided (carport or garage). The covered or enclosed
parking space shall be counted towards the total number of
parking spaces.
b. The maximum dimensions for a garage shall be 16 feet by
24 feet, with a maximum garage door width of 9 feet.
c. The minimum setback for a garage shall be 5 feet from the
alley. If the garage is setback greater than 5 feet from the
alley, it must be setback a minimum of 15 feet and the area
between the garage and the alley shall be counted towards
one parking space.
d. The maximum width for a driveway accessing a garage or
Ordinance - Page 9 of 25
carport shall be 12 feet.
e. The maximum dimensions for one parking space located
perpendicular to the alley shall be 12 feet in width by 20 feet
in depth.
f. The maximum dimensions for two side by side parking
spaces perpendicular to the alley shall be 20 feet in width by
20 feet in depth.
g. The maximum dimensions for tandem parking spaces shall
be 12 feet in width by 33 feet in depth.
h. Only one parking space parallel to the alley shall be allowed,
and such space shall not exceed 10 feet in width and 20 feet
in length along the length of alley.
i. The total vehicle use area, including but not limited to
driveways and on-site parking, but not including parking
space in garage, shall not exceed 400 square feet.
j. No parking shall occur outside of the vehicle use area.
(See Figure 9.2751(18)(a)11.)
12. Distance from Street/Fire Safety. If any portion of the exterior
walls of the first story of the dwelling is greater than 150 feet from
the centerline of the alley where it intersects with the curb of the
street, as measured by a route approved by the fire code official,
the dwelling shall be equipped throughout with multi-purpose
residential sprinklers as defined in National Fire Protection
Association Standard 13D.
13. Trash and Recycling. Outdoor storage and garbage areas shall be
screened from view from adjacent properties and those across the
alley with a minimum 42-inch tall 100-percent site obscuring fence
or enclosure on at least three sides.
14. Accessory Buildings. Detached accessory buildings are allowed
subject to the standards at EC 9.2751(16), except that the total
square footage of all accessory buildings on an alley access lot is
limited to 400 square feet.
15. Adjustment Review. For alley access lots, EC 9.2751(18)(a)(5) is
the only standard that may be adjusted. This standard is not
adjustable for dwellings within the city-recognized boundaries of
Amazon Neighbors, Fairmount Neighbors and South University
Neighborhood Association.
(b) Area – Specific Alley Access Lot Standards in R-1. Except as provided
below, the standards in subsection (a) of this section apply to alley
access lots existing as of April 12, 2014, in the R-1 zone within the city-
recognized boundaries of Amazon Neighbors, Fairmount Neighbors and
South University Neighborhood Association. In lieu of EC
9.2751(18)(a)(3) Building Size, the following applies:
1. Building Size. An alley access lot dwelling shall not exceed 1,000
square feet of total building square footage, measured at the
exterior perimeter walls. For alley access lots, 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.
2. This standard may not be adjusted.
Ordinance - Page 10 of 25
(c)The standards in (a) and (b) do not apply to accessory dwellings.
Accessory dwellings on alley access lots in R-1 shall comply with the
standards at EC 9.2751(17).
Section 9. Subsections (4) and (5)(e) of Section 9.2775 of the Eugene Code, 1971, are
amended to provide as follows:
9.2775Residential 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 that home occupations are not allowed on
residential flag lots of less than 13,500 square feet.
(5) Development Standards.
(e) Additional Standards for Accessory Dwellings on Flag Lots.
1. Building Height/Interior Setback.
a.Except as provided in subsection b. below,interior yard
setbacks shall be at least 10 feet. In addition, except where
the setback is from a property line abutting a public right-of-
way or private street, at a point that is 15 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 25 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)2.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, except
where the setback is from a property line abutting a
public right-of-way or private street, 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)2.b.(2)(B)
Accessory Dwelling Above Garage)
Ordinance - Page 11 of 25
c.Exceptions. If the accessory dwelling is above a garage or
on a slope as described in EC 9.2775(5)(e)1.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)2.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.
2. Driveway Standards.
a. Paving. The driveway paving width shall be as follows:
(1) For flag lots served by an individual pole, the minimum
driveway width shall be 12 feet, and the maximum
driveway paving width shall be 20 feet.
(2) For flag lots served by a combined pole, the driveway
width shall be 20 feet or a lesser width as approved by
the fire code official.
b. Driveway Setbacks. The driveway paving shall be setback
from the edge of the pole as follows:
(1) For flag lots that are served by an individual pole, the
driveway paving shall be setback a minimum of six
feet.
(2) For flag lots that are served by a combined pole, the
driveway paving shall be setback a minimum of 2.5
feet.
c. Driveway Use. Parking is not allowed on any portion of the
pole.
d.Landscaping. The entire length of both sides of the pole,
within the area between the driveway paving and the edge
of the pole, shall be landscaped to meet the Low Screen
Landscape Standard (L-2) in EC 9.6210(2)(a), except as
follows:
(1) The shrubs required for continuous screen at EC
9.6210(2)(a)1. shall be at least 45 inches high within
three years and maintained at a height not to exceed
60 inches, with the intent to minimize headlight glare;
(2) The canopy tree requirement at EC 9.6210(2)(a)2., is
not applicable; and
(3) In lieu of a masonry wall or berm, a solid wood fence
may be permitted where the bottom of the fence is no
higher than 12 inches above grade and the top of the
fence is at least 45 inches above grade.
3. Exceptions. Exceptions to driveway setback and landscaping
Ordinance - Page 12 of 25
standards are allowed where the affected adjacent property
owners consent in writing on a form approved by the city.
4.Adjustments. The standards at EC 9.2775(5)(e)2.b. and d.
regarding driveway setbacks and landscaping may be adjusted in
accordance with EC 9.8030(34)(b).
Section 10. Subsections (2)(a) and (3)(a) of Section 9.3065 of the Eugene Code, 1971,
are amended and (3)(k) is added to provide as follows:
9.3065 S-C Chambers Special Area Zone – Development Standards.
(2)Development Standards Applicable in the S-C/R-1 Subarea.Except as
provided in this subsection, the development standards applicable in the S-
C/R-1 Subarea shall be those set forth in EC 9.2750 to EC 9.2777 for the R-1
zone, Special Development Standards for Certain Uses in EC 9.5000 through
EC 9.5850, and the General Standards for all Development in EC 9.6000
through 9.6885.
(a) Lot Size Minimums for Flag Lots. In lieu of any conflicting provisions in
EC 9.2750 to 9.2777 for flag lots in the R-1 zone, the following standards
apply for flag lots in the S-C/R-1 subarea:
1. Single dwellings: minimum lot size 4,500 square feet.
2. The original lot, prior to creation of the flag lot, is not subject to a
minimum lot size of 13,500 square feet.
In calculating the lot area, only the flag portion of the lot (exclusive of the
pole) is counted.
* * *
(3) Development Standards Applicable in S-C/R-2 Subarea. Except as
provided in this subsection, the development standards applicable in the S-
C/R-2 subarea shall be those set out in EC 9.2750 to 9.2777 for the R-2 zone,
Special Development Standards for Certain Uses in EC 9.5000 through EC
9.5850, and the General Standards for all Development in EC 9.6000 through
9.6885.
(a) Density Standards. In lieu of the density standards for the R-2 zone in
Table 9.2750 and EC 9.2750(1), there is no minimum density
requirement regardless of lot size, and the following maximum density
standards apply:
1. For lots with street access:
a. If the lot area is less than or equal to 4500 square feet: One
dwelling unit and, if the dwelling is a detached one-family
dwelling, one accessory dwelling.
b. If the lot area is greater than 4,500 square feet and less than
or equal to 9,200 square feet: Two dwelling units and one
accessory dwelling for each detached one-family dwelling.
c. If the lot area is greater than 9,200 square feet: Three
dwelling units and one accessory dwelling for each detached
one-family dwelling.
2. For an alley access lot of any size: One dwelling unit and, if the
dwelling is a detached one-family dwelling, one accessory
dwelling.
* * *
Ordinance - Page 13 of 25
(k)Accessory Dwellings. The development standards in subsections (b)
through (j), above do not apply to accessory dwellings in the S-C/R-2
subarea. The development standards applicable to accessory dwellings
in the S-C/R-2 subarea shall be those set out in EC 9.2751(17)(c) and
the General Standards for all Development in EC 9.6000 through 9.6885.
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
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)
Multiple Family (3 or more dwellings on the same lot) S S S
(See 9.5500)
Manufactured Home Park (See 9.5400) P(5)
Section 12. In Table 9.3125(3)(g) of the Eugene Code, 1971, a “Density” heading is
added and the row thereunder for “Minimum Net Density per Acre” is amended; and the row for
“Accessory Building” under the “Maximum Building Height” heading is amended, to provide as
follows:
Ordinance - Page 14 of 25
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).)
CHDR/MUHDR
Density (1)(2)
Minimum Net Density per Acre20 units/acre if 20 units 20 units
all residential in
a single building
Maximum Next Density112112112
Minimum Building Height At least 2
functional floors
if located along
Garden Way
Maximum Building Height (3)
Main Building50' 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. Subsection (2) of Section 9.3126 of the Eugene Code, 1971, is amended to
provide as follows:
9.3126 Special Development Standards for Table 9.3125(3)(g).
(2) Density.
(a) HDR Subarea. Minimum density applies to new residential development
except rowhouses and Accessory Dwelling Units.
(b) HDR/MU Subarea. Minimum density applies to new development except
rowhouses and Accessory Dwelling Units.
(c)Maximum density applies to all new residential development except
Accessory Dwelling Units.
Section 14. 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
Development process.)
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 P
Separate Lot with Garage or Carport Access to the Rear of the Lot)
Ordinance - Page 15 of 25
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
Development process.)
DuplexP
Tri-plex (Three-Family Attached on Same Lot)P
Four-plex (Four Family Attached on Same Lot)P
Multiple-Family (3 or More Dwellings on Same Lot) (See EC 9.5500) P
Section 15. Subsection (2) of Section 9.3215 of the Eugene Code, 1971, is amended to
provide as follows:
9.3215 S-DW Downtown Westside Special Area Zone Development Standards.
(2) Residential Standards. Except as provided in this section or EC 9.3216
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 16. 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 P
Lot with Garage or Carport Access to the Rear of the Lot)
Duplex (Two-Family Attached on Same Lot)P
Multiple Family (3 or More Dwellings on Same Lot) (See EC 9.5500) PUD
Section 17. 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 are as follows:
Ordinance - Page 16 of 25
(1)Areas Designated for Lowand Medium Density Residential.Allowable
uses are:
(a) One-family dwellings.
(b) Accessory Dwellings (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.
Section 18. Subsections (1), (3) and (8) of Section 9.3625 of the Eugene Code, 1971,
are amended to provide as follows:
9.3625 S-JW Jefferson Westside Special Area Zone Development Standards.
(1) Application of Standards and Adjustment.
(a) Application of Standards. Except as provided in (b) below, in addition to
the special use limitations in EC 9.3615 and the development standards
in EC 9.3625 to 9.3640 and EC 9.5000 to 9.5850, the General
Standards for All Development in EC 9.6000 through 9.6885 apply
within this zone. In the event of a conflict between those general
development standards and the development standards in EC 9.3625 to
9.3640, the provisions of EC 9.3625 to 9.3640 shall control.
(b) Development Standards for Accessory Dwellings. The development
standards applicable to accessory dwellings in the S-JW zone shall be
those set out in EC 9.2751(17)(c) and the General Standards for all
Development in EC 9.6000 through 9.6885.
(c) Adjustment. The development standards in subsections EC 9.3625(6)
regarding driveway width and EC 9.3625(3)(a)2.b regarding primary
vehicle access may be adjusted in accordance with EC 9.8030(26). For
sites zoned S-JW Special Area Zone, these are the only standards that
may be adjusted.
* * *
(3) Alley development standards.
(a) Primary Vehicle Access. For the purposes of this section, “primary
vehicle access” means the primary means by which inhabitants take
vehicular access to a dwelling or on-site parking space(s) provided for a
dwelling. Primary vehicle access is determined as follows:
1. On an alley access only lot, every dwelling’s primary vehicle
access is the alley.
2. On a lot that is not an alley access only lot and that, consistent
with access standards in the EC, could take vehicular access from
an alley, a dwelling’s primary vehicle access is:
a. The street, when there is only one dwelling on the lot.
b. When there are multiple dwellings on the lot, for each on-
site parking space that complies with the standards
applicable in the S-JW special area zone and that can only
be accessed and exited via a street (i.e., cannot use the
Ordinance - Page 17 of 25
alley for entry or exit), one dwelling is considered to take
primary vehicle access from the street. The remainder of the
dwellings shall be considered to take primary vehicle access
from the alley.
If there are one or more dwellings with the alley as primary
vehicle access, the dwelling(s) closest to the alley shall be
considered to have primary access from the alley. In cases
where multiple dwellings are equidistant from the alley and
not all of them take primary access from the alley, the
property owner may designate which dwellings take primary
access from the alley. The provisions in this subsection
(3)(a)2.b. may be adjusted based on the criteria of EC
9.8030(26)(2).
3. On all lots not addressed in 1. or 2., above, all dwellings’ primary
vehicle access is the street.
(b) No more than one dwelling on the same development site may take
primary vehicle access from an alley unless the site also abuts a street
that the alley intersects.
(c) On any lot that contains one or more dwellings whose primary vehicle
access is an alley, there must be at least an undivided 400 square-foot
open space area (not including buildings, parking or driveways) abutting
the alley. Except as provided in 4., below, the open space area:
1. shall abut the alley for at least 25% of the length of the lot line
abutting the alley;
2. shall be a minimum of 10 feet in depth for the entire extent that the
open space area abuts the alley; and
3. may include areas that are within setbacks.
4. The open space required in this subsection (c) may be placed
behind parallel parking abutting the alley.
(d) For a dwelling whose primary vehicle access is an alley:
1. The dwelling may not have more than three bedrooms.
2. If the dwelling is in the residential building closest to the alley, then
the dwelling shall include a main entrance that is visible from the
alley (see Figure 9.3625(3)(d)2.) and meets one of the following
conditions:
a. Faces the alley;
b. Faces the side of the lot and meets all the following
conditions:
(1) The entrance opening is not more than 8 feet from the
building façade facing the alley and nearest the alley;
(2) The entrance includes a covered porch of at least 30
square feet;
(3) The porch abuts both the façade containing the
entrance and a façade facing the alley; or
c. Faces the side of the lot and meets all the following
conditions:
(1) The entrance opening is no more than 8 feet from the
building façade facing the alley and nearest the alley.
(2) The entrance provides direct resident access to a
head-in parking area on the same side of building.
Ordinance - Page 18 of 25
(3)The entrance includes a covered porch of at least 20
square feet.
(4) The façade facing the alley includes windows that total
at least 8 feet wide when measured at 5’ above the
floor of the first story and that have a minimum area of
at least 20 square feet.
3. One on-site parking space, accessible from the alley, per dwelling
is required. This parking requirement does not apply to an
additional one-family dwelling, as described at EC 9.3615(2).
* * *
(8) The following Table 9.3625 sets forth the S-JW Special Area Zone
development standards, subject to the special development standards in EC
9.3626.
Table 9.3625 S-JW Jefferson Westside Special Area Zone Development
Standards
(See EC 9.3626 Special Development Standards for Table 9.3625.)
Density(1)
Minimum Dwellings Per Lot
Lots less than 13,500 Square Feet--
Lots 13,500 square feet and larger1 dwelling per lot for every
6,750 square feet
(fractional values are rounded down
to the nearest whole number)
Maximum Dwellings Per Lot(1)
Alley Access Only Lot 1 dwelling and, if the dwelling is a
detached one-family dwelling, 1
accessory dwelling per lot
Lotsup to 4,499square feet 1 dwelling and, if the dwelling is a
detached one-family dwelling, 1
accessory dwelling per lot
Lots between 4,500 and 8,999 square feet2 dwellings per lot
and
1 accessory dwelling for each
detached one family dwelling
Lots 9,000 square feet and larger 1dwelling per lot for every
4,500 square feet
(fractional values are rounded down
to the nearest whole number)
and
1 accessory dwelling for each
detached one family dwelling
Maximum Building Height (2) (9)
Minimum Building Setbacks (3) (4) (5) (9)
Maximum Lot Coverage (6) (7) 50%
Maximum Vehicle Use Area (6)20%
Common and Private Open Space (7)
Fences (8)
(Maximum Height Within Interior Yard 6 feet
Setbacks)
42 inches
(Maximum Height within Front Yard
Setbacks)
Ordinance - Page 19 of 25
Section19. Subsection (g) is added to subsection (1) of Section 9.3626of the Eugene
Code, 1971, to provide as follows:
9.3626 Special Development Standards for Table 9.3625.
(1) Density. For purposes of determining the maximum allowable dwellings on a
lot:
(g) Accessory dwellings are not subject to the provisions of (1) and shall not
be considered within the calculations of dwellings or bedrooms in
subsections (1)(a) through (f) above.
Section 20. 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 Requirements
LDRMDRRMU CMUMSC
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 PPP
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) PPP
Tri-plex (Three family attached on the same lot) PPP P
See EC 9.5500
Four-plex (Four-Family Attached on Same Lot) PPP
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 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 21. Subsection (1) of Section 9.3811 of the Eugene Code, 1971, is amended to
provide as follows:
Ordinance - Page 20 of 25
9.3811Special 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) Detached accessory dwellings shall:
1. Provide a pedestrian walkway from the street or alley to the
primary entrance of the accessory dwelling.
2. The primary entrance to an accessory dwelling shall be defined by
a roofed porch.
Section 22. 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).)
LDRMDR RMU CMU MSC
Maximum Building Height
Main Building35 feet 35 feet 50'50'50'
Accessory Building25 feet 25 feet 50'50'50'
Accessory Dwellings Detached 25 feet 25 feet 25 feet
from Main Building
Section 23. 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 Requirements
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
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-plex (Three-Family Attached on Same Lot) P(2)
Multiple Family (3 or More Dwellings on Same Lot) (See EC 9.5500) P(2)
Ordinance - Page 21 of 25
Section24.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:
9.3915S-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
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 25. 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 Applicable 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-Maximum Number of Off-Street Parking
street Parking Spaces 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.
Ordinance - Page 22 of 25
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.
Section 26. The following entry in the “Dwellings” subsection of the “Residential” section
in Table 9.6410 of the Eugene Code, 1971, isamended to provide as follows:
Table 9.6410 Required Off-Street
Motor Vehicle Parking
UsesMinimum 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 27. 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)2. 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
Ordinance - Page 23 of 25
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
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 28. The findings in support of this Ordinance are included in the records
compiled for this Ordinance and Ordinances 20594, 20595, and 20625, including the final
orders issued by the Oregon Land Use Board of Appeals and the Court of Appeals.
Section 29. 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 30. 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. Further, if this Ordinance is
remanded back to the City Council for further action by the Oregon Land Use Board of Appeals
or the Oregon Court of Appeals, those sections, subsections, sentences, clauses, phrases or
Ordinance - Page 24 of 25
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