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HomeMy WebLinkAboutOrdinance No. 19835ORDINANCE NO, 19835 AN ORDINANCE CONCERNING LAND USE REGULATIONS; AMENDING SEC- TIONS 1.010, 1.fi10, 9.015, 9.154, 9.2fi8, 9.439, 9.440, 9.450, 9.452, 9.410, 9.474, 9.498, 9.550, 9.584, 9.592, 9.595, 9.fi12, 9. fi14, 9, filfi, 9. fi18, 9. fi20, 9. fi12, 9. fi14, AND 9.1008 OF THE EUGENE CODE, 1911; REPEALING SECTIONS 9.fi22, 9.fi24, 9.fi2fi AND 9.628; AND DECLARING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS; Section 1. Section 1.010 of the Eugene Code, 1911, is amended by adding a definition far "Undeveloped subdivision plat" in alphabetical order therein, to provide: 1.010 Definitions . For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section: Undevel o ed subdi vi si an 1 at. A recorded subdivision plat, or portion thereof, under common ownership and which does not have pub- improvements, public utilities, cable television facilities, road- ways, water services sanitary sewage disposal service, or other im- provements described in ORS 92.225. Section 2. Subsections (1) and (3)(a) of Section 7.610 of the Eugene Code, 1911, are amended to provide; 1.fi1D Vacation of Unin roved Easements Undevelo ed Subdivision Piats and lot and Parcel Lines . ~ 1 ~ A 1 i cat i on . An application for vacation of unimproved ease- ments, undeveloped subdivision p1 ats, or 1 of or parcel 1 i nes shall be sub- mi tted by the applicant, together with ref ated information as prescribed by the city, and,accompan~ed by the fee established by the city manager as pro- v~ded by sect~an 2.020 of this code, ~3} Plannin director decision. ~ a} Unless the applicant agrees to a 1 onger period, wi th i n 30 days of receipt of a complete and accurate application, the planning director shall approve, conditionally approve, or deny a vacation, with findings and concl us i ans thereon . The planning director shal 1 approve the appl icati an i f the affected property owners and easement or plat holders consent to the vacat i an . Ab- sent such consent the vacat i On shall be al 1 owed i f cons i stent with the following criteria; 1. The subject area is not presently ar in the future needed for public services, foci 1 i ti es ar uti 1 i ti es; 2. Such public services, facilities or utilities can be extended i n an orderly and efficient manner; and Ordinance - 1 3. The vacation is consistent with applicable transpor- tation plans. Section 3 . The definitions of "Dwelling unit, " Nonconforming 1 ot, " and "Service station" set forth in Section 9.015 of the Eugene Code, 1971, are amended, and the definition of "Nanconformi ng use" deleted therefrom, to provide 9.015 Definitions. As used in this chapter, unless the context requires otherwise, the following words and phrases mean: Dwelling unit. A structure designed or used for occupancy by one f ami l~y i i v i ng together as a s i ngl a social unit . rmity. A lot, use, or structure which was lawfully _-_oncan,,,,,o, ,..,___ established and which c0ui d not be established under current pro- visions. 5ervi ce station. A pl ace where motor fuel and oil for motor vehicles are sold . 1 nc i dental services consist of selling, ser- vi ci ng and installing tires, batteries, accessories and related products, as wel 1 as minor repair and service when conducted en- t i rel y within an enclosed bu i 1 d i ng . "Minor repair and service, " as used in this definition, excludes activities such as painting, body work, steam cleaning, tire recapping, major engine or trans- mi ss i an overhaul or repair involving removal of a cyl i nder head or crankcase, and mechanical car washing that includes equipment to wash more than one car at a time. Section 4. Subsection ~3~ of Section 9.154 of the Eugene Code, 1911, is amended to provide: App ication Fee an , Public Hearing Notice. ~3~ At least twenty days before the planning commission hearing, the city shal 1 mai l a noti ce thereof to the applicant, all owners and occu- pants of property i nc1 uded i n the application, and owners and occupants of praperti es located within 304 feet of the perimeter of the subject property. At 1 east 20 days prior to the hearing, the city shat l also post notices of the nature of the request and the hearing i n at 1 east three places wi th i n 300 feet of the perimeter of the annexation proposal. Section 5. Subsection ~e~ of Section 9.268 of the Eugene Code, 1911, Ordinance - Z is amended to provide: 9.268 Establishment and Designation of Use Districts and Sub-Districts. In order to c1 assi fy, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height and size of bui 1 di ngs, to regulate the area of yards and other open spaces about buy 1 d~ ngs, and to regulate the density of papu1 ation, the fol 1 owi ng c1 asses of use districts and sub-districts are established: fie} CAS commercial air ort safet sub-district. 1. Pur ose. The commercial airport safety sub-district affects 1 ands adjacent to and within the Eugene Airport. This sub-district is intended to: a. Prevent the creation or establishment of an obstruction that has the potential of being a publ i c nuisance or that may be a danger to persons or property i n the area served by the Eugene Airport, and b. Prevent the creation ar establishment of obstruc- tions that are a hazard to air navigation. 2. Ap~licabilit . This sub-district applies to those lands within the city's jurisdictian that are encompassed by the sectors described i n this subdistrict. Those 1 ands de- fined and described in this subdistrict that are outside the city's jurisdiction are subject to the Lane County Commercial Airport Safety Combining District. 3. Definitions, As used in this subdistrict, unless the context requires otherwise, the following wards and phrases mean: Airpart,elevation. The highest point of the Eugene Airport's usa~b~e landing area measured in feet from sea level . Airspace ,,,plan. A plan dated September 5, 1990, as Sheet Number ~6 of 1 ~ and identified as being part of the Eugene Airport Master P1 an an file i n the Eugene Depart- ment of Public Works and at the Eugene Permit and Infor- mation Center. Figure 12 at the end of the zoning ordi- nance i s a reduced copy of the Airspace p1 an . ~ Cent. erpo~,nt coord,,,nates. ~n this subdistrict, the centerpoint coordinates at the ends of each runway pri- mary surface have the following State of Oregon plane coordinates and elevations: RUNWAY CENTERPOINT COORDINATES CENTERPOINT ELEVATIONS IN FEET ABOVE MEAN SEA LEVEL NORTH EAST 16R- 911,405 1,286,499 356 34L 902,212 1,286,300 361 16l 910,361 1,290,174 355 34R 904,310 1,290,649 370 Ordinance - 3 3 - 904, 559 ~ , 284, fi 11 3fi5.5 21 908,000 1,288,540 359 Hazard to air navi ati on. An abstructi on determined to have a substant i al adverse effect on the safe and efficient use of navigable airspace. Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height as set forth in this subdistrict. Primary surface. A surface longitudinally centered on a runway. ~~~The primary surface extends 200 feet beyond each end of the runway, The width of the primary surface i s set forth i n the airport sector descriptions i n th i s subdistrict. The elevation of any point on a primary surface i s the same as the elevation of the nearest point on the runway centerline. Runw~ar. A defined area in the Eugene Airport Master P1 an that i s prepared for aircraft 1 andi ng and take-off along its 1 ength. Structure. An object, including a mobile object, constructed ar installed by a human bei ng ~ s~ , including but not limited to buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines. 4. Use 1 imi tati ons, In the commercial airport safety sub-district, the following limitations and standards apply to all uses permitted outright or conditionally i n the di s- tri cts to which the sub-district i s added . a. D erational interference, No use shall create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between air- port lights and others, result i n glare i n the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise i n any way endanger or interfere with the l and- . i ng, takeoff , or maneuvering of aircraft intending to use the airport. b. Markin and 1 i hti n . The owner of any existing structure, object, or vegetation that does not conform to the height limits of this subdistrict shat 1 be re- qui red to permit the installation, operation, and mai n- tenance thereon of markers and lights as deemed necessary by the city to indicate to aircraft operators i n the vicinity of the airport the presence of those aircraft obstructions . The markers and 1 i ghts shall be installed, operated and maintained at the city's expense. c. Height. The maximum height of structures and objects normally shall be the same as the districts to which the commercial airport safety subdistrict is added. However, no structure shall be erected, altered, or main- tai ned, and no vegetation shall be allowed to penetrate the surface heights of the various sectors as described below and shown on the Airspace plan. These sectors in- Ordinance - 4 cl ude all 1 and lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Eugene Airport. An area 1 ocated i n more than one sector i s considered to be and y in the sector with the most restrictive height limit. For purposes of this subdistrict, to determine height 1 units, the datum is mean sea level elevation unless otherwise specified . Runwa s 16L-34R and 16R-34L a roach sectors. Run- way 16R-341 i s an existing, precision instrument runway. Runway 16L-34R is a future precision instrument runway. The inner edge of both of their approach sectors coi n- c i de with the width of the runway primary surf aces and are 100o feet feet wide. The approach sectors expand outward uniformly to a width of 16,000 feet at a hori- zontal distance Of 50,000 feet from the primary surfaces. Their center1 ines are a continuation of the runway centerlines beginning at the centerpoint coordinates. The surfaces of the Runway 161-34R and Runway 16R-341 approach sectors slope 50 feet outward far each 1 foot upward beginning at the end of and at the same elevation as the primary surfaces and extend to a horizontal dis- tance of 10,000 feet along the extended runway center- lines; thence slope upward 40 feet horizontally for each 1 foot vertically to an additional horizontal distance of 40, 000 feet along the extended runway centerlines . Runway 3 - 21 approach sectors . Runway 3 - 21 i s a non - prec i s i on runway. The inner edge of the runway' s approach nectars coincide with the width of the runway' s primary surface and are 500 feet wide. The approach sec- tors expand outward uniformly to a width of 3,500 feet at a horizontal dist~~nce of 10,000 feet from the primary surface. Their centerlines are a coati nuati on of the runway centerline beginning at the centerpai nt coordi - nates. The surfaces of the Runway 3-21 approach sectors slope 34 feet outward for each 1 foot upward beginning at the end of and at the same elevation as the primary surface and extend to a hari zontal distance of 10, 000 feet along the extended runway centerline. Transitional sectors. The surfaces of the transi- tional sectors extend outward and upward at 90 degrees to the runway centerlines and runway centerlines extended at a slope of 1 feet horizontally for each foot verti - cal ly from the sides of and beginning at the same el eva- tionn as the primary and approach surfaces to where they intersect the hari zontal and conical surf aces . Trans i - tional surfaces extend to a height of 150 feet above the airport elevation which is 365 feet above mean sea level. Transitional surfaces far those portions of the Runway 161-34R and Runway 16R-34L precision approach surfaces, which project through and beyond the 1 i mi is of the con i - cal surface, extend at a slope of 1 feet horizontally for each foot vertical 1y a horizontal distance of 5, 000 Ordinance - 5 feet measured horizontally from the edges of the approach surfaces and at 90 degree angles to the extended runway centerlines. Hari zontal sector. The horizontal sector encompasses the area obtained by swinging arcs of 10, OOO feet radi i from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing 1 i nes tangent to those arcs. However, the horizontal sector does not include the approach and transition sec- tors . The surf ace of the horizontal sector i s a hori - zontal plane that i s 515 feet above mean sea 1 evel . That i s 154 feet above the airport elevation . Conical sector. The surface of the conical sector extends at a s1 ope of 20 feet outward for each foot up- ward from the periphery of a horizontal surface for a horizontal distance of 4,000 feet. It begins 150 feet above the airport's elevation and extends to a height of 350 feet above the airport's elevation. Section 6. Section 9.439 of the Eugene Code, 1911, i s amended by adding "Counseling offices" and "outdoor merchandise display" i n alphabetical order therein, deleting natati on ~ therefrom and renumbering notation 3 to 2, and amending i t to provide: 9.439 Uses . The following reflects the uses permitted outright, cond i - tionally, or subject to standards or other requirements of this code within the C-1, C-2, C-3, C-4 and GO zoning districts: P ......... Permitted outright C ......... Conditional Use Permit approval required * ......... Notations at end of the list NEC ....... Not elsewhere classified Standards .Code includes special requirements for use listed C1 C2 C3 C4 GO Counseling offices standards} ................ . ........... P P P Outdoor merchandise display ~standards~ ................... P P P P P Notations: 2 . Administrative offices i n the C-4 District that existed on August 8, 1984 are exempt from sections 9. fi12 to 9, fi~0 pertaining to nonconforming uses . This exemption i s 1 i mi ted to development sites on which the admi n i s - trat i ve offices existed on August 8, 1984. Section 7. Section 9.440 of the Eugene Code, 1911, is amended by adding Ordinance - 6 subparagraphs (m) and (n) thereto, to provide: 9,440 Special„Standards, In addition to general provisions, parking, and other~~~~ regul at i ons required by this code, the fo] l owi ng uses are subject to the special standards set forth i n this secti an: gym} Counseling offices : Limited to establishments that use psychological methods to diagnose and offer professional mental or behavioral guidance to individuals or groups . fi n} Outdoor merchandise d i s 1 a 1. Limited to two three-day periods per calendar year. 2. Use operator must notify the Permit and Information center i n writing at 1 east seven days before displays are placed outdoors. 3. Except for motor vehicle sales, service, and repair; garden supply products; service station pump islands; and vending machines, al 1 merchandise must be placed i n entirely enclosed buildings or structures except on a temporary bas i s as provided far above in this standard. 4. Modification of these standards requires conditional use permit approval. 5. Uses i n the C-4 district are exempt from these stand- ards. Section 8. The last paragraph of Section 9.450 of the Eugene Code, 19T1, is amended to provide: 9.450 Permitted Buildin s and Uses. In the I-2 light-Medium Industrial District, the fol 1 owi ng bui 1 di ngs and uses are permitted as hereinafter speci f i ca11y provided, subject to the general provisions, exceptions, and performance standards set forth i n this ordinance. I n addi ti an, those uses permitted i n the I -1 district as contained i n sections 9.443 and 9.444 sha11 be permitted i n the I -2 district, except restaurants, financial institutions, and non-accessory offices not directly permitted i n the I-~ district. When located in the I-Z district, the uses set forth in section 9.444 need not be i n an industrial park unless specifically required to be located therein i n this section. subparagraphs ~a} to ~l-1} Buildings and uses existing !and 1 egal ly permitted or permitted conditionally as listed ~n the toning ordnance on January 21, 1982, are exempt from sec- tions 9.fi1Z to 9.fi20 pertaining to non-conforming uses. This exemption is limited to the development site on which the bui 1 d i ngs or uses existed an January 21, 1952. Section 9. Subsection ~c} of Section 9.452 of the Eugene Code, 1911, is amended to provide: Ordinance - 1 9.452 Buil_di_n:gs and Uses~Permitted Conditionally. In addition to the bui 1 d~ ngs- and uses permitted cond~~~~~t~i onal 1y 1 i sted i n secti ans 9.492 to 9.502, the hearings off i ci a1 may grant a condi t i onal use permi t for any of the following bui 1 di ngs and uses i n accordance with the procedures set forth in sections 9.696 to 9.122: ~c} Athletic foci 1 i ti es and sports c] ubs. Bui 1 di ngs and uses existing and 1 egal ly permitted cand i ti oval 1 y as 1 i sted i n the zoning ordinance on January Zl, 1982 are exempt from sections 9.612 to 9.62o pertaining to non-conforming uses. This exemption is limited to the development site on which the buildings or uses existed on January 21, 1982. Section 10. Section 9.410 of the Eugene Code, 1911, i s amended to pro- vide: 9.470 Permitted Bui1din s and Uses. In the I-3 Heavy Industrial District the fol 1 owi ng ,buildings and uses are permitted as hereinafter spe- c~f~cally provided, subject to the general provisions, exceptions, and per- formance standards set forth in this ordinance. Those uses 1 i steel i n section 9.452 shat 1 also be permitted as conditional uses in this district, and the uses listed in section 9.454 shall be permitted i n this district, subject to the provisions and exceptions set forth in sections 9.686 to 9.694 for site review. ~a} Abattoirs slaughterhouses} -indoors only. ~ b} vehi c1 a and bui 1 di ng wrecking and salvage; sale of parts salvaged on-site. A site obscuring fence ar wall shall be required, w~ th stacks ng h~ gher than the fence or wall prohibited. ~c} Incineration or reduction of organic matter. ~d} Manufacturing, processing, assembling, packaging, repay r~ ng, or testy ng of all ~ terns, goods, and materials. ~ e} All i ndustri a1 uses not listed elsewhere i n th i s ordinance, and those uses 1 i steel i n section 9.450, are permitted. ~ f } Other uses similar i n aperati anal characteristics to those permitted or permitted conditionally. Buildings and uses existing ,and legally permitted or permitted conditionally as listed ~ n the zone ng ord~ Hance on January 21, 1982, are exempt from sec- tions 9.612 to 9.620 pertaining to non-conforming uses. This exemption is 1 invited to the development site on which the buildings or uses existed on January 27, 1982. Section 11. Section 9.414 of the Eugene Code, 1911, is amended to pro- vide: 9.414 Bui1_dings and Uses Permitted Conditionally. In addition to the bui 1 di ngs and uses perm tted ~~condi tonal ly, 1 i steel i n section 9.492 ,the hearings official may grant a condi ti oval use permit for any use that could be hazardous, obnoxious, or offensive by reason of odor or Ordinance - 8 biological agents i n accordance with the procedures set forth i n sections 9.696 to 9.122. Bui 1 di ngs and uses existing and legally permitted or permitted con- ditionally as listed in the zoning ordinance on January 21, 1982 are exempt from sections 9.612 to 9.62o pertaining to non-conforming uses. This exemption i s 1 i mi ted to the development site on which the bui 1 d i ngs or uses existed on January 21, 1982. Section 12. Section 9.498 of the Eugene Code, 1911, is amended to pro- vide: 9.498 Complaint Procedure and Enforcement. Complaints alleging viola- ti on of home occupation standards shall be directed to the bui l d- ing official and shall state the nature of the alleged violation. The build- ing official shall investigate the complaint and, if necessary to eliminate a violation found to exist, take or cause to be taken lawful action as pro- vi led for i n the Eugene Code, 1911. Furthermore, i f the bui 1 di ng off i ci a1 on his or her own initiation determines that a home occupation i s i n viol a- tion of one or more of the home occupation standards in this code far mare than ten consecutive days, the bui 1 di ng official may suspend that home occupant's registration , Section 13. Subsection ~a} of Section 9.550 of the Eugene Code, 1911, i s amended to provide 9.55o Cluster Subdivisions in RA and R-1 Districts. In RA and R-1 districts, the 1 of area, 1 of coverage, and yard requirements may be relaxed i n connection with individual 1 ots or bui 1 d i ng sites created by duly approved, f i 1 ed, and recorded subdivisions of the "c1 aster" type provided that: ~a} approval of the proposed level opment plan i s granted by the planning director according to the site review procedures and site review criteria set forth in this code, and Section 14. Subsection ~4} of Section 9.584 of the Eugene Code, 1971, i s amended to provide 9.584 Parkins area Desian. ~4} When three or more parking spaces ar one or more loading spaces are provided on a development site, except those in conjunction with single family or two family dwellings on a single lot, they all shall be served by a servi ce drive so that no backward movement or other maneuvering of a vehicle within a street, other than an alley, will be required. Ser- vice drives shall be designed and constructed to facilitate the flow of Ordinance - 9 traffic, provide maximum safety for traffic ingress and egress, and maximum safety of pedestrian and vehicular traffic on the site. In no case shall two-way and one-way driveways be less than 20 feet wide and 12 feet wide respectively. Section 15. Subsection ~c} of Section 9.592 of the Eugene Code, 1911, is amended to provide: 9.592 Parkin Area Im rovements . All public or private parking areas which contain three or more parking spaces or have outdoor veh i cl e sales areas, shall be improved according to the fol 1 owi ng: ~c} All required parking areas and service drives that abut a residential district, except those required i n conjunction with single f ami 1 y or two f ami 1 y dwe11 i ngs, shat 1 be enclosed along i nter~ or property l ~ nes that abut those residential districts with a l5 percent opaque site-obscuring fence, wall, or hedge three to eight feet in height. The fence, wall or hedge shall adhere to the visual clearance and front and interior yard requirements of the district i n which i t i s located. If i t i s not 1 ocated on the property line, the area between the fence, wall or hedge and the property 1 i ne shat 1 be 1 andscaped with 1 awn ar 1 ow-grawi ng ever- green ground cover, or vegetable or rock mulch. All plant vegeta- ti on i n this area shat 1 be adequately maintained by a permanent irrigation system, and fences, walls and hedges shall be maintained i n good condition . P1 anti ngs shat i provide the required degree of screening within one year of installation . Adequate provision shat 1 be maintained to protect wal 1 s, fences and plant material s from being damaged by vehicles using the parking area. Section 16. Subsection ~1} of Section 9.598 of the Eugene Code, 1911, is amended to provide: 9.598 Off-Street Loadin ~ 1 } All 1 oadi ng spaces for commercial and i ndustri a1 bu i 1 di ngs and uses shat 1 be off the street, shal 1 be i n excess of required parking spaces, and shall be served by service drives and maneuvering areas so that no backward movement or other vehicle maneuvering wi th i n a street, other than an alley, wi11 be required. The city manager may allow exceptions to the off-street maneuvering space requirement for properties located on local streets where existing ar projected traffic volumes do not exceed daily traffic counts of 150 vehicles as determined by the public works department. In this subsection, local streets include all streets not shown on the Major Streets Requiring Special Driveway Approach Control map an file in the public works department. Section 11. Sections 9.612, 9.614, 9.616, 9.618, and 9.620 of the Ordinance - 10 Eugene Code, 1911, are amended, and Sections 9.622, 9.624, 9.626 and 9.528 are repealed, to provide: 9.612 Intent. Within the jurisdiction of this chapter there are lots, structures, uses and characteristics of uses which were lawful when established, but which could not be established under current provi - si ons. It i s the intent of this chapter to al 1 ow these nonconformi ti es to continue unti 1 they are removed, but not to encourage their survival or allow their expansion. 9.614 Nanconformin Lots of Record. lots and parcels legally created but which now da not conform to the planning and mapping standards i n this code may be occupied by uses otherwise permitted i f those uses wi 11 comply with all other provisions of this code. 9.616 Nonconforming Uses. A use that was allowed by this code when it was established but which i s no 1 anger permitted i n the district i n which i t i s l orated may continue after i t became nonconforming so 1 ong as i t complies with al 1 the fol 1 awi ng requirements ~a} A nonconforming use shall not be enlarged or extended to occupy a greater portion of the lot or parcel . fib} A nonconforming use shall not be moved to any other por- tion of a lot or building. ~c} If a nonconformi ng use i s discontinued for mare than 1Z consecutive months, any subsequent use sha11 conform to the regul a- t i ons of the zoning district i n which the 1 and i s 1 orated . ~d} No structure that does not conform to the requirements of this code shall be erected i n connection wi th a nonconformi ng use . 9.615 Nonconforming Structures. A structure that was allowed by this cede when it was established, but which is no longer permitted in the district in which it is located because it does not conform to existing height, solar setback, yard, coverage, ar area requirements of the zani ng district i n which the 1 and i s 1 orated may continue so 1 ong as i t complies with all the fol l awi ng requirements ~a} It i s not enlarged, moved, or altered i n a way that i n- creases its non-conformity, but it may be altered to decrease its non-conformity. fib} If a nonconforming structure or portion of a nonconform- i ng structure i s destroyed by any means to an extent of more than 5a percent of its replacement cost at the time of destruction, it cannot be reconstructed except i n conformity with the provisions of this cede. ~c} If a nonconforming structure is moved, it must then con- form to the regulations of the district in which it is located after it is moved. ~d} 0n any nonconforming structure ar portion of a structure cantai n i ng a nonconformi ng use, ordinary repair i s permitted i f, Ordinance - 11 i n any 12 month period, the work does not exceed 50 percent of the current replacement cost of the nonconforming structure or portion of the nonconforming structure, as the case may be. 9.62D Exem t i ans . The following are exempt from these non-conformity provisions: ~ a} Bui 1 di ngs and uses replacing those permitted i n the former RG district when that district was deleted March 11, 1985} providing the bu i 1 di ngs and uses are not closer to property 1 i nes or exceed the density, height, or coverage of the original develop- ment. This exempti an i s 1 imi ted to the development site on which the buildings or uses existed on March 11, 1985. fib} Additions to existing dwell i ngs, churches, and school s i f they otherwise conform to the regulations then i n effect i n the district i n which they are 1 ocated . ~c} Bui 1 di ngs and uses existing and 1 ega1ly permitted or per- mi tted conditionally i n the I -2 and I -3 zoning districts as 1 i steel in the zoning ordinance on January 21, 1982, are exempt from regu- lations pertaining to nonconformities. This exemption is limited to development sites i n the I - 2 and I -3 zoning districts on which the buildings or uses existed an January 27, 1982. Section 18. Subsection ~3} of Section 9.612 of the Eugene Code, 1911, i s amended to provide 9.fi12 A lication, Fee and Public Hearin Notice. ~3} At least 20 days before the hearing, the city shall mail a notice thereof and information on the nature of the request to the applicant, owners and occupants of the subject property, and to owners and occupants of property located within 300 feet of the perimeter of the subject property. I f the requested change i n zoning district i s from AG, RA, R-1, R- 2 and R-3 to R-4 d i stri ct, a res i dent i al zoning district to an office, commercial or industrial district, or from PL Public land district to any other zoning di s- tri ct, the notice required herein shat 1 be expanded to include owners and occupants of property located within 500 feet of the perimeter of the sub- ject property. At least 20 days prior to the hearing, the city shall also post notices of the nature of the request and the hearing in at least three places within 300 feet of the perimeter of the subject property. Section 19. Section 9.fi14 of the Eugene Cade, 1911, is amended to pro- vide: 9.614 Decision and A eal Authori t . If a zone change i s for property proposed for annexation to the city, the planning commission shat ~ recommend a ci ty zoning district designation to the counci 1 i n conjunction with the annexation, unless it denies the annexation. To maintain cvnsist- Ordinance - 12 envy between zoning and applicable plans and studies, the planning ca~ni ss i on may also recommend tone changes for the council to consider in conjunction with adopt i an of or amendments to nei ghborhaod refinement plans, special area studies, and the Metropolitan Area General Plan. The city counci 1 shat 1 act on planning co~ni ssi an recor~endati ons far city zoning district designations in conjunction with annexations and adoption of or amendments to plans and studies as wel 1 as on appeals from cor~ni ssi an denials. Except as otherwise provided in this section, the council shall follow the proce- dures i n this chapter for annexati ans when cOnsideri ng city zoning district designations for properties also being considered for annexation. Except as stated above i n this section regarding planning co~ni ss i on and counci 1 action on zone changes in conjunction with adoption of or amendments to neighborhood refinement plans, special area studies, and the Metropolitan Area General P1 an, i f a zone change only includes property already i n the city, i t shal 1 be approved, modified and approved, yr denied by the hearings official . The planning comrni ssi on shal 1 act on appeals from decisions of the hearings official. Commission decisions are final. A11 final zoning district change decisions shat 1 be by order which shat 1 mandate i n relevant cases that the zoning map established under section 9.274 of the Eugene Code, 1971 be amended to reflect the allowed change of zoning district. Section 20. 5ubse~ction ~fi} of Section 9.1008 of the Eugene Cade, 1971, i s amended to provide - nc,onforming Signs. 9.1008 ~n Coe N4~,~..,~„~.,,,~. ,,,.~.~,.....~ ~,~- ~fi} The provisions of subsection ~4} of this section and subsec- tion ~2} of section 9.lalfi do not apply to signs in existence pursuant to a validly issued sign permit as of July 1, 1990, along Goodpasture Island Raad from a point 30o feet north of the intersection with valley River Way to a point 1400 feet north of the intersection. The provisions of subsection ~2} of this section shall apply except that restoration of a damaged sign shall be allowed where a s i gn i s damaged to the extent of 1009' of its vat ue. Al 1 other provisions of this section shat 1 apply. Section 21. The City Recorder, at the request of, or with the concur- rence of the City Attorney, is authorized to administratively correct any reference errors contained herein or i n other provisions of the Eugene Code, 1911, to the provisions added, amended or repealed herein. Section 22. In order to allow sufficient time to implement the proce- dural changes adopted herein, this ~rdi Hance shall , upon passage by the Ordinance - 13 Counci 1 and approval by the Mayor, become effective on July 1, 1992. Passed by the City Council this 13th day of April, 1992 ~^ City Recorder Approved by the Mayor thi s 13th day of April, 1992 /1 f fr J/ 1 ;, ~,/ f/ L' ayor Ordinance - 14 MEMORANDUM To; Kathy Fieland FROM: Joan Wise DATE: May 1, 1992 RE: Administrative Correction to EC 9.498 This is to confirm that you should administratively correct Section 9.498 as amended by Section 12 of ordinance No. 1985 by deleting therefrom the last sentence, which begins with "Furthermore," and ends with "registration." This correction is necessitated because the Council amendment to Section 9.496 in ordinance 19842 deleted the registratian requirement. This correction has been requested by Gary Chenkin, Planning & Development Department, and concurred with by Bill Gary of our office.