HomeMy WebLinkAboutOrdinance No. 20353
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COUNCIL ORDINANCE NUMBER 20353
COUNCIL BILL NUMBER 4910
AN ORDINANCE CONCERNING LAND USE; AMENDING
SECTIONS 9.0500, 9.2160, 9.2161, 9.2171, 9.2173,
9.2180, 9.2450, 9.2470, 9.2683, 9.2685, 9.2686, 9.2741,
9.2760, 9.2761, 9.2775, 9.2795, 9.3220, 9.3822, 9.3910,
9.4730, 9.4830, 9.5250, 9.5350, 9.5500, 9.5750, 9.5800,
9.6105, 9.6410, 9.6420, 9.6610, 9.6615, 9.6630, 9.6640,
9.6650, 9.6670, 9.6709, 9.6730, 9.6745, 9.6805, 9.6810,
9.6815, 9.6820, 9.6830, 9.6870, 9.6885, 9.7015, 9.7020,
9.7055, 9.7110, 9.7605, 9.7655, 9.7805, 9.7885, 9.8010,
9.8030, 9.8055, 9.8090, 9.8215, 9.8220, 9.8310, 9.8320,
9.8325, 9.8410, 9.8440, 9.8515, 9.8520, 9.8700, 9.8710,
9.8715, AND 9.8720 OF THE EUGENE CODE, 1971;
ADDING SECTIONS 9.8335 AND 9.8580 TO THAT CODE;
AND PROVIDING EFFECTIVE DATES.
ADOPTED: November 28, 2005
PASSED: 7:1
REJECTED:
OPPOSED: Bettman
ABSENT:
EFFECTIVE: 30 days from date of Mayor's approval or upon date of
acknowledgment, whichever is later
ORDINANCE NO. 20353
AN ORDINANCE CONCERNING LAND USE; AMENDING SECTIONS 9.0500,
9.2160,9.2161,9.2171,9.2173,9.2180,9.2450, 9.2470, 9.2683, 9.2685, 9.2686,
9.2741,9.2760,9.2761,9.2775,9.2795,9.3220, 9.3822, 9.3910, 9.4730, 9.4830,
9.5250,9.5350,9.5500,9.5750,9.5800,9.6105, 9.6410, 9.6420, 9.6610, 9.6615,
9.6630,9.6640,9.6650,9.6670,9.6709,9.6730, 9.6745, 9.6805, 9.6810, 9.6815,
9.6820, 9.6830, 9.6870, 9.6885, 9.7015, 9.7020, 9.7055, 9.7110, 9.7605, 9.7655,
9.7805,9.7885,9.8010,9.8030,9.8055,9.8090, 9.8215, 9.8220, 9.8310, 9.8320,
9.8325, 9.8410, 9.8440, 9.8515, 9.8520, 9.8700, 9.8710, 9.8715, AND 9.8720
OF THE EUGENE CODE, 1971; ADDING SECTIONS 9.8335 AND 9.8580 TO
THAT CODE; AND PROVIDING EFFECTIVE DATES.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The definitions of "Canopy Tree," "Development Site" "Dwelling, Duplex,"
"Legal Lot," "Lot Width," Section C of "Partition," and "Vision Clearance Area" in Section 9.0500
of the Eugene Code, 1971, are amended, and new definitions of "Curved Lot" and "Substantial
Improvement" are added thereto, to provide:
9.0500 Definitions. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Curved Lot. A lot having frontage on a street with a centerline radius of less than
300' and a change in bearing of the centerline of at least 10 degrees across the
frontage of the lot. For the purpose of determining lot frontage requirements, only
those lots on the outside of a curved street shall be eligible for reduced lot frontage.
Canopy Tree. A horizontally branching deciduous or coniferous tree species that
generally grows to have a mature canopy width of at least 50 feet.
Development Site. A tract of land under common ownership or control, either
undivided or consisting of two or more contiguous lots of record. For the purpose of
land use applications, development site shall also include property under common
ownership or control that is bisected by a street or alley.
Dwelling, Duplex. A building designed and used as dwellings for 2 families living
independently of each other and having separate housekeeping facilities for each
family that are connected either by common walls or common ceiling/floor
connection. A building is not a duplex if one of the dwellings is a secondary
dwelling.
Ordinance - 1
Legal Lot. A lot of record that has boundary lines that were established:
(A) Through a partition or subdivision procedure, or
(B) Bya deed that was signed before April 2, 1962.
Lot Width. The horizontal distance between the midpoints of the side property
lines. Where more than one side property line exists along a given side yard, the
combined length of the side property lines shall be used to determine the midpoint.
Alley access parcel width is the distance between side lot lines measured along the
alley property line. (See Figure 9.0500 Lot Lines, Lot Frontage, Lot Width, Lot
Depth.)
Partition. The division of a tract of land, in accordance with this land use code, into
two or three parcels within a calendar year. A partition does not include:
(C) Adjustment of a lot or parcel line by the relocation of a common boundary
where an additional parcel or lot is not created and where the existing parcel or
lot reduced in size by the adjustment is not in conflict with any applicable law or
ordinance, including but not limited to provisions pertaining to minimum area,
frontage, width and required setbacks.
Substantial Improvement. As used in sections 9.6705 to 9.6709, any repair,
reconstruction, or improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure either:
(A) Before the improvement or repair is started, or
(B) If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure.
The term does not, however, include either:
(C) Any project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or
D. Any alteration of a structure listed on the National Register of Historic Places or
a State Inventory of Historic Places.
Vision Clearance Area. A triangular area within a lot immediately adjacent to the
intersection of streets to provide a clear area for viewing approaching traffic for
public safety purposes. For the intersection of 2 improved public rights-of-way, the
vision clearance area is the triangular area of the lot at the intersection of two lot
lines. At the intersection of a public street and a private street, the vision clearance
area is the triangular area of the lot at the intersection of the lot line and each edge
of the street. For all vision clearance areas, the apex is located at the intersection of
the two 35 foot legs, extended if necessary. The base of the triangle extends
diagonally across the lot intersecting the two legs an equal distance from the apex.
(See Figure 9.0500 Vision Clearance Area.)
Ordinance - 2
Section 2. The Motor Vehicle Sales/Rental Service entry in the Motor Vehicle Related
Uses category of Table 9.2160 of the Eugene Code, 1971, is amended to provide:
Motor Vehicle Sales/Rental/Service, excluding
recreational vehicles and heavy trucks
p
c
p
Section 3. Subsection (1) of Section 9.2161 of the Eugene Code, 1971, is amended to
provide:
9.2161
Special Use Limitations for Table 9.2160.
(1) Small Business Incentives in C-1. Each individual business is limited to
5,000 square feet of floor area in new buildings. Individual businesses shall
be permitted to occupy up to 10,000 square feet of floor area on development
sites that have a floor area ratio (FAR) of at least .65.
Section 4. Subsections (5), (11), and (15) of Section 9.2171 of the Eugene Code, 1971,
are amended 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 a street, internal
accessway, private drive, or shopping street as defined in EC 9.2175(3) by at
least 100%. For purposes of this subsection, front yard setback may be
measured from a public street or from the edge of the sidewalk furthest from
the curb of an internal accessway, private drive, or shopping street. 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
within the specified maximum front yard setback.
(b) In C-2 and C-3, a minimum of 25% of all street facing facades must be
within the specified maximum front yard setback, or, orientation to an
internal accessway, private drive, or Shopping street as defined in EC
9.2175(3) is permitted in compliance with EC 9.2173(4){a).
Ordinance - 3
(c) In GO, at least 60% of all street facing facades of the building must be
within the specified maximum front yard setback.
(d) Vehicular parking and circulation is not permitted in between the street
and the portion of the building that is used to comply with this subsection.
(e) 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.
(f) 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 with a hard
surface for use by pedestrians. If a hard surface is provided, the area
must contain at least the equivalent of 1 pedestrian amenity for every 200
square feet of hard surface. The use of porous materials for hard
surfacing is encouraged. Residential developments are exempt from this
subsection. (See Figure 9.2171 (5)(e) Landscaped or Paved
Pedestrian Area with Pedestrian Amenities.)
(g) The maximum front yard setback may be exceeded if the area between
the building and the front property line is landscaped or paved for use by
pedestrians. The area must contain at least the equivalent of 1 enhanced
pedestrian amenity for every 200 square feet of hard surface. (See
Figure 9.2171 (5)(e) Landscaped or Paved Pedestrian Area with
Pedestrian Amenities.)
(11) Outdoor Merchandise Display.
(a) Except for plants and garden supply products, outdoor merchandise
display is not allowed in C-1 and GO zones.
(b) In the C-2 and C-4 zones, outdoor display of the uses listed in subsection
1. of this subsection, is permitted when in conformance with the
standards listed in subsection 2. of this subsection.
1. Plants and garden supply products; motor vehicle sales, service,
and repair; new and used boat sales; large equipment sales and
rentals; service station pump islands; vending machines;
manufactured home sales; children's outdoor play equipment; and
hot tubs.
2. Outdoor merchandise display is not permitted in required setback
areas. Except for plant and garden supply displays, outdoor display
areas shall be set back a minimum of 7 feet from the front lot lines
with required setbacks landscaped to at least the EC 9.621 0(1)
Basic Landscape Standard (L-1).
(c) In the C-3 zone, outdoor merchandise display is permitted if all products
are placed in an enclosure after business hours.
(d) Adjustments to subsection (b)2. of this section may be made based on
criteria in EC 9.8030(2)(d).
(15) Drive-Through Facilities.
(e) Stackina Lanes. Design of stacking lanes shall conform with the
requirements of EC 9.6415 Loadina and Drive-Throuah Desian
Standards.
Ordinance - 4
Section 5. The lead paragraph of Subsection (10){c) of Section 9.2173 of the Eugene
Code, 1971, is amended to provide:
9.2173
Commercial Zone Development Standards - Laroe Commercial Facilities.
(10) Exterior Wall Articulation, Facades, and Ground Floor Windows.
(c) Except for building walls facing an alley, ground floor walls shall contain
windows (as stated below) at the ground level. The windows may
extend a maximum sill height of 4 feet above finished grade to any head
height. The portion of window area meeting this standard is from the sill
(bottom edge) to the head (top edge) including portions up to 9 feet
above the finished grade. Alcoves, entryways, and extruding portions of
the wall shall be treated by measuring through such areas as though
along the flat wall of a building. (See Figure 9.2173(10)(c) Large
Commercial Facilities-Ground Floor Window Calculation.) Solid
walls are prohibited along street frontages. This standard does not
apply to parking structures. For a wall with a loading dock, the wall
length referred to in subsection (1 0)(c)1., below, shall exclude the wall
area affiliated with the loading and unloading of freight.
Section 6. The "Average Width Minimum" heading in Table 9.2180 is amended to
provide:
9.2180
Commercial Zone Lot Standards. The following Table 9.2180 sets forth lot
standards within commercial zones. The numbers enclosed within (#) indicate a
special development standard of EC 9.2181.
Table 9.2180 Commercial Zoning Lot Standards
(See EC 9.2181 Special Standards for Table 9.2180.)
C-1 C-2 C-3 C-4 GO
Width Minimum (1)
Interior Lot 50 feet 50 feet 50 feet 50 feet 50 feet
Corner Lot 50 feet 50 feet 50 feet 50 feet 50 feet
Curved Lot 35 feet 35 feet 35 feet 35 feet 35 feet
Cul-de-sac Bulb 35 feet 35 feet 35 feet 35 feet 35 feet
Flag Lot 40 feet 20 feet 20 feet 20 feet 20 feet
Section 7, Table 9.2450 is amended by adding an entry for "Trucking terminal" under the
Motor Vehicle Related Uses category, and by amending the entry for "Telecommunication
Facility" under the Utilities and Communication category, to provide:
Ordinance - 5
Table 9.2450 Industrial Zone Land Use and Permit Re
1-1
Motorc cle Sales/Rental/Service
Parking Area not directly related to a primary use on the
same develo ment site
Recreational Vehicle and Heavy Truck,
Sales/Rental/Service
Re air, includes aint and bod sho
Service Station, includes quick servicing
--Only permitted if property is located over one-half mile by
motor vehicle travel from commerciall zoned land.
Structured Parking, up to two levels not directly related to a
rimar use on the same develo ment site
Structured Parking, three or more levels not directly related
to a rima use on the same develo ment site
Tires, Sales/Service
Transit, Nei hborhood 1m rovement
Transit Park and Ride, Ma'or or Minor
Transit Station, Ma'or
Transit Station, Minor
Truckin Terminal
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Amateur Radio Antenna Structure See Ec 9.5050
Broadcastin Studio, Commercial and Public Education
Electrical Substation, must meet landscape standards in Ec
9.6210(3) High Screen Landscape Standard (L-3) unless
fully enclosed within a building or approved through a Type
/I rocedure that shows low visual im act.
Fiber Optic Station, must meet landscape standards in Ec
9.6210(3) High Screen Landscape Standard (L-3) unless
fully enclosed within a building or approved through a Type
/I rocedure that shows low visual im act.
Pump Station, well head, non-elevated reservoir, and other
water or sewer facilities, must meet landscape standards in
Ec 9.6210(3) High Screen Landscape Standard (L-3)
unless fully enclosed within a building or approved through
aTe /I rocedure that shows low visual im act.
Telecommunication Tower or Facilit See Ec 9.5750
Water Reservoir, elevated above round level
P
P
P
SR
P
P
SR
P
P
S
SR
S
SR
S
SR
Section 8. The "Average Width Minimum" heading in Table 9.2470 is amended to
provide:
9.2470
Industrial Zone Lot Standards. The following Table 9.2470 sets forth lot standards
within industrial zones. The numbers enclosed within (#) indicate a special standard
of EC 9.2471.
Ordinance - 6
Table 9.2470 Industrial Zone Lot Standards
1-1 1-2 1-3
Width Minimum (1)
Interior Lot 50 feet 50 feet 50 feet
Corner Lot 50 feet 50 feet 50 feet
Curved Lot 35 feet 35 feet 35 feet
Cul-de-sac Bulb 35 feet 35 feet 35 feet
Alley Access 50 feet 50 feet 50 feet
Flag Lot 40 feet 20 feet 20 feet
Section 9. Subsection (2) of Section 9.2683 of the Eugene Code, 1971, is amended to
provide:
9.2683
Special Use Limitations.
(2) Permitted Uses Subject to Site Review. When a proposed public use, other
than those listed in subsection (3) of this section, is to be located within 300
feet of land in the broad zone category of residential, and such use will
generate the need for a Traffic Impact Analysis according to EC 9.8670
Applicability, such use shall be subject to an approved site review application
according to the Type II procedures.
Section 10. Subsection (1) of Section 9.2685 of the Eugene Code, 1971, is amended to
provide:
9.2685
Special Development Standards for Table 9.2684.
(1) The building height for the portion of the building that is located within 50 feet
of the boundary of an abutting residential zone is limited to the height allowed
in the abutting residential zone.
Section 11. The "Average Width Minimum" heading in Table 9.2686 is amended to
provide:
9.2686 Public Land Zone Lot Standards. The following Table 9.2686 sets forth lot
standards in the PL public land zone. The numbers in ( ) indicate special
development standards contained in EC 9.2687.
Table 9.2686 Public Land Zone Lot Standards
(See 9.2687 Special Development Standards for Table 9.2686.)
PL
Width Minimum (1)
Interior Lot 50 feet
Corner Lot 50 feet
Ordinance - 7
Curved Lot 35 feet
Cul-de-sac Bulb 35 feet
Flag Lot (2) 40 feet
Section 12. Subsection (3) of Section 9.2741 of the Eugene Code, 1971, is amended by
adding a new Subparagraph (d) thereto, to provide:
9.2741
Special Use Limitations for Table 9.2740.
(3) Rowhouses. In R-1.5, rowhouses shall comply with all of the following:
(d) Siting requirements of EC 9.2735.
Section 13. Table 9.2760 of the Eugene Code, 1971, is amended by adding an entry for
"Rowhouse Lot" to the Frontage Minimum category and the Width Minimum category; adding
entries under the R-1.5 column of the Width Minimum category; and adding explanatory
language to the Lot Area Maximum entry, all 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 9.2761.
Interior Lot 7
Corner Lot
Curved Lot
Cul-de-sac Bulb Lot
Residential Flag Lot (4)
Rowhouse Lot
Lot Area Maximum (5)
(New subdivisions and partitions
onl
50 feet
50 feet
35 feet
35 feet
50 feet
1 5 feet
13,500
square feet
15 feet
15 feet
15 feet
1 5 feet
Section 14. Subsection (5) of Section 9.2761 of the Eugene Code, 1971, is amended to
provide:
Ordinance - 8
9.2761
Special Standards for Table 9.2760.
(5) Exceptions to the maximum lot size shall be granted if any of the following is
met:
(a) Existing physical circumstances such as topographically constrained
lands, conservation easements, existing buildings, or utility easements
prevent the ability to further divide the lot.
(b) The lot exceeding the maximum lot size is intended to reserve a large lot
for future land division with feasibility demonstrated by a conceptual
buildout plan.
(c) The subdivision achieves a minimum density of 9 units per net acre.
(d) The exception will enable protection of natural resources.
Section 15. Subsection (1) and (2)(a) of Section 9.2775 of the Eugene Code, 1971, are
amended to provide:
9.2775
to provide:
9.2795
Residential Flaa Lot Standards for R-1.
(1) Purpose. Residential flag lots allow lots to be created in cases where there is
adequate lot area to divide the property into 2 or more lots but not enough
street frontage to meet the standard minimum requirement and where creation
of a street is not necessary to meet connectivity standards. The standards
require access for fire protection. The intent is to provide additional housing
opportunities and to promote the efficient use of residential land. Home
occupations and secondary dwellings are prohibited because of limited access
and the greater impacts these uses would place on abutting sites.
(2) Measurements.
(a) Flaa Lot Dimensions. Residential flag lot width dimension is measured
from the mid-point between two opposite lot lines of the flag portion of the
lot.
Section 16. Subsection (3)(a) of Section 9.2795 of the Eugene Code, 1971, is amended
Solar Setback Standards.
(3) Exemptions to Solar Setback Requirements. A building is exempt from the
solar setback standards when any of the following conditions exist:
(a) Slopes. The lot on which the building is located has an average slope of
20 percent or more in a direction greater than 45 degrees east or west
of true north.
Section 17. The "Average Width Minimum" heading in Table 9.3220 of the Eugene Code,
1971, is amended to provide:
Ordinance - 9
9.3220
S-DW Downtown Westside Special Area Zone Lot Standards. The following
Table 9.3220 sets forth lot standards within the S-DW zone. The numbers in ( ) are
references to special limitations that are set forth in EC 9.3221.
Table 9.3220 S-DW Downtown Westside Special Area Zone Lot Standards
S-DW
Width Minimum
I nterior Lot (1) 20 feet
Corner Lot (1) 20 feet
Curved Lot (1) 20 feet
Alley Access 20 feet
Section 18. The "Average Lot Width Minimum" heading in Table 9.3822 of the Eugene
Code, 1971, is amended to provide:
9.3822
S-RN Royal Node Special Area Zone Lot Standards. The following Table 9.3822
sets forth lot standards within the S-RN zone. The numbers in () are references to
special limitations that are set forth in EC 9.3823.
20 feet
40 feet 40 feet 20 feet
40 feet 20 feet 20 feet 20 feet 20 feet
20 feet 20 feet 20 feet
20 feet 20 feet 20 feet
50 feet 50 feet 20 feet
50 feet 20 feet 20 feet 20 feet 20 feet
20 feet 20 feet 20 feet
20 feet 20 feet 20 feet
30 feet 30 feet 20 feet
30 feet 20 feet 20 feet 20 feet 20 feet
20 feet 20 feet 20 feet
20 feet 20 feet 20 feet
30 feet, 20 feet
Duplex
Onl
Other Residential Lot 30 feet 20 feet 20 feet 20 feet
Ordinance - 10
Section 19. The "One Family Dwelling" and "Day Care (3-12 people served)" entries
under the Residential category of Table 9.3910 of the Eugene Code, 1971, are amended to
provide:
Table 9.3910 S-W Whiteaker S ecial Area Zone Uses and Permit Re
P2
See Ec 9.5200
S
Section 20. Subsection (3) of Section 9.4730 of the Eugene Code, 1971, is amended to
provide:
9.4730
IWP Waterside Protection Overlav Zone Land Use and Permit Reauirements.
Within the IWP overlay zone there are 2 categories of uses: those allowed by the
base zone or special area zone outside of the IWP area, and a more restrictive list
of uses allowed within the IWP area.
(3) Uses Permitted Within IWP Areas Subject to Site Review. Within IWP
areas, the following uses are permitted, subject to the provisions in EC 9.4740
Prohibited Practices and, except as provided in subsection (f), site review
approval based on compliance with EC 9.2530 Natural Resource Zone
Development Standards. Where required, site review approval must be
secured prior to the application for a development permit for development
within the IWp overlay zone. Uses permitted subject to site review are:
(a) Realignment and reconfiguration of channels and pond banks. Subject
to EC 9.2530 Natural Resource Zone Development Standards (2), (3),
and (5) through (9).
(b) Construction of stormwater quality treatment facilities that do not include
adding impervious surfaces and that use biofiltration methods, such as
shallow grassy swales, constructed wetlands, or ponds. SUbject to EC
9.2530 Natural Resource Zone Development Standards (2) though (9).
(c) Construction of public improvements (including but not limited to streets,
sanitary and storm sewers, bridges, bikeways, pedestrian paths,
maintenance access roads and public utilities) required by this land use
code or specified in adopted plans. Subject to EC 9.2530 Natural
Resource Zone Development Standards (2) through (10), and (13)
through (19).
(d) Maintenance of existing utility easements to maintain access and
promote safety, and as required by local policies, state and federal
regulations, and intergovernmental agreements. Subject to EC 9.2530
Natural Resource Zone Development Standards (2), (3), and (5) through
(9). Utility companies shall submit to the city a notice of easement
maintenance activities within the IWP area describing the nature and
Ordinance - 11
extent of the activities 15 days prior to commencing the activities.
(e) Wetland or riparian area enhancement, restoration or creation activities
that are consistent with adopted plans and policies, including
construction of stormwater quality treatment facilities that use
biofiltration methods, such as shallow grassy swales, constructed
wetlands, and ponds. Subject to EC 9.2530 Natural Resource Zone
Development Standards (2) through (9).
(f) Wetland, stream and riparian enhancement and restoration within the
/wP overlay zone shall be exempt from the site review requirements of
this subsection (3) if the proposed activity is authorized:
1. Under a Mitigation Improvement Plan approved by the Oregon
Department of State Lands, and if required, the U. S. Army Corps
of Engineers;
2. Under a wetland restoration permit or wetland enhancement
permit approved by the Oregon Department of State Lands, and if
required, the U. S. Army Corps of Engineers; or
3. By a "Finding of No Significant Impact" or a "Record of Decision"
under the federal National Environmental Policy Act (NEPA).
Section 21. Subsection (2)(b) of Section 9.4830 of the Eugene Code, 1971, is amended
to provide:
9.4830
IWB Wetland Buffer Overlay Zone Land Use and Permit Reauirements. Within
the /WB overlay zone, there are 2 categories of uses: those allowed by the base
zone or special area zone outside of the /WB area, and a more restrictive list of
uses allowed within the /WB area.
(2) Within IWB Areas:
(b) Uses Permitted Subiect to Site Review. The uses listed in this
subsection are permitted within areas, subject to the provisions in EC
9.4840 Prohibited Practices, and, except as provided in subparagraph
7., site review approval based on compliance with the EC 9.2530
Natural Resource Zone Development Standards listed with each use.
Where required, site review approval shall be secured prior to
submission of an application for a development permit for development
within the /WB overlay zone. Uses permitted within /WB areas subject
to site review are:
1. Wetland or riparian area enhancement, restoration or creation
activities that are consistent with adopted plans and policies,
including:
a. Construction of stormwater quality treatment facilities that do
not include adding impervious surfaces, and that use
biofiltration methods, such as shallow grassy swales,
constructed wetlands, or ponds. Subject to EC 9.2530
Natural Resource Zone Development Standards (2) through
(9).
b. Impervious surfaces or topographic changes. SUbject to EC
9.2530 Natural Resource Zone Development Standards (2)
Ordinance - 12
through (9).
2. Construction of trails and pathways, boardwalks, viewing
platforms, interpretive information kiosks and trail signs. SUbject
to EC 9.2530 Natural Resource Zone Development Standards (2)
through (13) and (15) through (18).
3. Restoration and enhancement of natural functions and values that
involve displacement, excavation or relocation of more than 50
cubic yards of earth and carries out the objectives of this overlay
zone, including realignment and reconfiguration of channels and
pond banks, but not including deliberate creation of new wetlands
or restoration of former wetlands. Subject to EC 9.2530 Natural
Resource Zone Development Standards (2) through (9).
4. Construction of stormwater treatment facilities that use biofiltration
methods, such as shallow grassy swales, constructed wetlands,
and ponds. Subject to EC 9.2530 Natural Resource Zone
Development Standards (2) through (9).
5. Construction of access roads for maintenance of channels,
wetlands and other natural resource areas. Subject to EC 9.2530
Natural Resource Zone Development Standards (2) through (6),
(8), (9) and (16).
6. Bikeways and other paved pathways. Subject to EC 9.2530
Natural Resource Zone Development Standards (2), (5), (6), (8),
(9), and (15) through (17).
7. Wetland, stream and riparian enhancement and restoration within
the IWB overlay zone shall be exempt from the site review
requirements of this subsection (2)(b) if the proposed activity is
authorized:
a. Under a Mitigation Improvement Plan approved by the
Oregon Department of State Lands, and if required, the U.
S. Army Corps of Engineers;
b. Under a wetland restoration permit or wetland enhancement
permit approved by the Oregon Department of State Lands,
and if required, the U. S. Army Corps of Engineers; or
c. By a "Finding of No Significant Impact" or a "Record of
Decision" under the federal National Environmental Policy
Act (NEPA).
Section 22. Subsection (1){b) of Section 9.5250 of the Eugene Code, 1971, is amended
to provide:
9.5250
Farm Animal Standards. All of the following standards are applicable to farm
animals:
(1) Farm Animals Allowed:
(a) Except as provided in subsection {1 )(b) below, up to 2 adult rabbits or
fowl (no roosters) over 6 months of age are allowed in any residential
zone.
(b) Rabbits, fowl (no roosters), cows, horses, sheep, goats, emus, and
llamas are allowed in AG and R-1. There is no limit on the number of
fowl (no roosters) or rabbits over 6 months of age permitted in AG and
Ordinance - 13
R-1 provided they are on a development site that contains at least
20,000 square feet and they meet the farm animal standards.
Section 23. The lead paragraph of Section 9.5350 of the Eugene Code, 1971, is
amended, and a new Subsection (13) is added thereto, to provide:
9.5350
Home Occupation Standards. Except for garage sales lasting no more than 3
consecutive days no more than 3 times in a year, and day care facilities, which are
exempt, home occupations shall be subject to the following standards:
(13) A home occupation shall not be permitted in a dwelling located on a flag lot.
Section 24. Subsections (8)(a), (9){a)5., and (9)(c)2. of Section 9.5500 of the Eugene
Code, 1971, are amended to provide:
9.5500
Multiple-Family Standards.
(8) Site Landscaping.
(a) Minimum Landscape Area. Landscaping is required according to the
applicable base zone minimum landscape area standards. If there are
none specified, the minimum landscape area shall be equal to the
amount of area required as open space specified in EC 9.5500(9).
1. Any required landscaping, such as for required front and interior
yard setbacks and to comply with parking landscape standards,
shall apply toward the development site area landscaping
requirements.
2. Common open space areas required under EC 9.5500(9) Open
Space also apply toward meeting the minimum landscaped area
requirements of this section, if they are uncovered.
3. Any portion of a private, ground level open space area exceeding
one hundred square feet shall be counted toward the minimum
landscape area requirement.
(9) Open Space. Open space that complies with Table 9.5500(9) and the
standards in this subsection (9) shall be provided unless exempt under other
provisions of this land use code.
(a) Common open space may include any of the following:
5. The minimum dimension for any common outdoor open space
shall be 15 feet.
(c) Open Space Credit.
1. An open space credit, not to exceed 25 percent of the total open
space requirement, may be applied toward compliance with that
requirement, for developments that are located within one-quarter
mile of a public park.
2. Required setback areas and areas required to comply with
Ordinance - 14
perimeter parking lot landscape standards may be applied toward
the minimum open space requirements when the minimum
dimension of such space is 15 feet or greater.
Section 25. Subsections (6){a)10. and (6)(b)11. of Section 9.5750 of the Eugene Code,
1971, are amended to provide:
9.5750
Telecommunication Devices-Sitina ReQuirements and Procedures.
(6) Application Requirements.
(a) Collocation of Antennas. In addition to standard required application
material, an applicant for collocation of antennas shall submit the
following information; additional application material is required, as
specified in paragraph (c) below, for applications requiring a site review
or conditional use process.
10. Documents demonstrating that the FAA has reviewed and
approved the proposal, and the Oregon Department of Aviation
has reviewed the proposal. Alternatively, when a site review or
conditional use process is required, submit a statement
documenting that notice of the proposal has been submitted to the
FAA and Oregon Department of Aviation. The site review or
conditional use process may proceed and approval may be
granted for the proposal as submitted, subject to FAA approval. If
FAA approval requires any changes to the proposal as initially
approved, then that initial approval shall be void. A new
application will need to be submitted, reviewed and approved
through an additional site review or conditional use process. No
development permit application shall be submitted without
documents demonstrating FAA review and approval and Oregon
Department of Aviation review.
(b) Construction of Transmission Tower. In addition to standard required
application material, an applicant for a transmission tower shall submit
the following information; additional application material is required, as
specified in paragraph (c) below, for applications requiring a site review
or conditional use process:
11. Documents demonstrating that the FAA has reviewed and
approved the proposal, and Oregon Department of Aviation has
reviewed the proposal. Alternatively, when a site review or
conditional use process is required, submit a statement
documenting that notice of the proposal has been submitted to the
FAA and Oregon Department of Aviation. The site review or
conditional use process may proceed and approval may be
granted for the proposal as submitted, subject to FAA approval. If
FAA approval requires any changes to the proposal as initially
approved, then that initial approval shall be void. A new
application will need to be submitted, reviewed and approved
through an additional site review or conditional use process. No
Ordinance - 15
development permit application shall be submitted without
documents demonstrating FAA review and approval and Oregon
Department of Aviation review.
Section 26. Subsections (4)(c) and (5)(b) of Section 9.5800 of the Eugene Code, 1971,
are amended to provide:
9.5800
Temporary Activity Special Development Standards.
(4) General Standards. All temporary activities are subject to the applicable
standards listed below:
(c) All signs associated with the temporary activity must be located on the
site of the temporary activity, may not be placed in the public right of
way or vision clearance area, and must be removed when the activity
ends.
(5) Zone Category and Duration.
(b) The standards for temporary activities in areas in the broad zone
category of commercial, industrial, or special (except S-H zones) are as
follows:
1. Parkina Lot Sales. Parking lot sales in zones where outdoor
merchandise display is not otherwise permitted are allowed for up
to 2 consecutive weeks on 3 different occasions during a calendar
year.
2. Fairs and Carnivals. Fairs and carnivals are allowed for up to 2
consecutive weeks on 3 different occasions during a calendar
year.
Section 27. The entries for "Ballet, Dance, and Gymnastic School/Academy/Studio" and
"Library" under the Education, Cultural, Religious, Social and Fraternal category of Table
9.6105(4) of the Eugene Code, 1971, are amended, and an entry for "Office Equipment and
Supplies" is added in alphabetical order under the Trade (Retail and Wholesale) category, to
provide:
9.6105
Bicycle Parkina Standards.
(4) Minimum Required Bicycle Parking Spaces. The minimum required
number of bicycle parking spaces shall be calculated according to Table
9.6105(4) Minimum Required Bicycle Parking Spaces.
Ordinance - 16
Uses
Required Bicycle Parking
(Minimum 4 bicycle spaces required
unless -0- is indicated.
Type and % of
Bicycle
Parkin
Ballet, Dance, Martial Arts, and
G mnastic School/Academ /Studio
1 per each 400 square feet of floor
area.
25% long term
75% short term
Library
1 per each 500 square feet of floor
area.
25% long term
75% short term
Office Equipment and Supplies
1 per each 3000 square feet of floor
area.
25% long term
75% short term
Section 28. Section 9.6410 of the Eugene Code, 1971, is amended by adding a new
subsection (d) to Subsection (3); amending the "Ballet, Dance and Gymnastics School/
Academy/Studio" entry under the Education, Cultural, Religious, Social and Fraternal category;
and amending the "Wholesale Trade" entry of the "Trade" category in Table 9.6410 to provide:
9.6410
Motor Vehicle Parkina 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.
(d) When calculating the parking requirements for an outdoor restaurant, up
to 20 outdoor seats shall be exempt from the calculations.
Wholesale Trade (excluding regional distribution
center
1 per each 1650 square feet of floor area.
Ordinance - 17
Section 29. Subsections (3)(e) and (3)(f)1 of Section 9.6420 of the Eugene Code, 1971,
are amended to provide:
9.6420
Parkina Area Standards.
(3) Landscape Standards.
(e) Interior Parkina Area Landscaping. In addition to the landscaping
required in subsections (c) and (d), landscaping that meets the 70%
landscape coverage requirement consistent with L-2 standards (See
Figure 9.6420(3)(e)3. Parking Area Interior Planting Islands) shall be
provided within the interior of surface parking areas for 50 or more motor
vehicles so as to improve the visual qualities of these areas, delineate
and define circulation movements of motorists and pedestrians, improve
air quality, and encourage energy conservation by moderating parking
area microclimates.
1. Parking area landscaping shall be provided according to Table
9.6420(3)(e) Interior Parking Area Landscaping.
Table 9.6420(3)(e) Interior Parking Area Landscaping
Total Number of Spaces in Minimum Interior Parking Area
Parking Area Landscape Area
50 to 99 spaces 15 square feet per parking space
100 or more spaces 22 square feet per parking space
2. A continuous landscape strip or raised pedestrian path shall be
provided between every 4 rows of parking. The landscape strip or
pedestrian path shall be a minimum of 7 feet in width, measured
from the outside edge of a 6 inch wide curb. (See Figure
9.6420(3)(e)2. Interior Parking Area Landscaping.)
3. Planting islands shall be provided at the ends of each parking row
and at intervals within parking rows so that no parking stall is more
than 45 feet from a planting island. Planting islands shall be at least
7 feet in width, as measured from the outside edge of a 6 inch wide
curb, and a minimum area of 140 square feet. Each of these
islands shall provide at least 1 canopy tree. (See Figure
9.6420(3)(e)3. Parking Area Interior Planting Islands.)
(f) Structured Parkina.
1. Along the perimeter of the non-commercial portion of structured
parking, a landscape strip, a minimum of 5 feet in width, shall be
provided between the property line and the structure wall.
Perimeter landscaping along interior yards is exempt from this
requirement, if the proposed structure will be less than 15' from an
existing structure measured across the common interior property
line. This standard does not apply to property lines abutting an
alley.
Ordinance - 18
Section 30. The entries for "Mall Vending" and "Signs During Elections" in Subsection (1),
of Section 9.6610 of the Eugene Code, 1971, are amended to provide:
9.6610
Exemptions to Sian Standards.
(1) Except as provided in subsection (2) of this section, the following signs are
exempt from the requirements of EC 9.6600 through 9.6680, and are exempt
from the requirement to obtain a sign permit:
Vendino in Downtown Activity Area. Signs, including portable signs, for
Downtown Activity permits issued per private commerce on public property
(Administrative Rule R-3.336).
Sions Durino Elections. Signs 12 square feet or less in area, located on
private property during the period from 60 days before to 5 days after any
public election to be held in Lane County, Oregon.
Section 31. Subsection (7), of Section 9.6615 of the Eugene Code, 1971, is amended to
provide:
9.6615
Prohibited Sians. Except where qualified as a nonconforming sign, the following
signs are unlawful and are declared to be nuisances:
(7) Portable signs, except as authorized by a permit within the Downtown Activity
Zone and warning signs as permitted by EC 9.6605 Reconciliation;
Section 32. Subsection (1), of Section 9.6630 of the Eugene Code, 1971, is amended to
provide:
9.6630
Permit Application.
(1) An application and related information shall be submitted by the applicant, in a
manner prescribed by the city, together with a fee established by the city
manager as provided by EC 2.020 City Manaoer - Authority to Set Fees and
Charoes. When a person begins construction of a sign requiring a sign permit
before the permit is issued, the permit fee shall be doubled. Payment of a
double permit fee shall not otherwise exempt the person from liability for other
penalties prescribed for a violation of the sign standards.
Section 33. Subsection (4){d), of Section 9.6640 of the Eugene Code, 1971, is amended
to provide:
9.6640
General Provisions.
(4) Location Standards.
Ordinance - 19
(d) Vision Clearance. Signs must comply with vision standards as specified
in EC 9.6780 Vision Clearance Area. (See also EC 9.6255 Vision
Clearance Area Landscapina.)
Section 34. Subsection (3)(c), of Section 9.6650 of the Eugene Code, 1971, is amended
to provide:
9.6650
Residential Sian Standards. The residential sign standards are hereby created
and applied to all land zoned as set forth below. Signage is limited to preserve the
character of the area by allowing signs only for residential purposes and for non-
residential uses allowed in the applicable zone.
(3) Maximum Number of Signs. The number of signs residential sign standards
allow is based on the number of street frontages and is limited to no more
than the following amounts for each street frontage:
(c) One permanent subdivision or planned unit development sign for each
development site used or planned as a subdivision or planned unit
development, and one permanent manufactured dwelling park sign for
each manufactured dwelling park.
Section 35. Subsection (6)(b) of Section 9.6670 of the Eugene Code, 1971, is amended
to provide:
9.6670
Central Commercial Sian Standards. The central commercial sign standards are
hereby created and applied to all property within the central commercial zones as
set forth below. Signs are restricted in recognition of the high density usage of
these areas, where pedestrian traffic is heavy and vehicular traffic is commonly
limited.
(6) Special Provisions. The following signs are subject to special provisions:
(b) Awnings, marquees and projecting signs may project over public rights-
of-way. The city shall have the right to require a revocable permit under
Chapter 7 of this code, unless the projections are required by EC
9.4085(7).
1. Awnings and marquees may project a maximum of 7 feet into the
public right-of-way.
2. Projecting signs may project a maximum of 4.5 feet into the public
right-of-way.
3. No sign may project into a public right-of-way to a point within 2
feet of the vertical plane of any street (curb face), alley or
driveway.
4. No sign may project into an alley clearance area. The "alley
clearance area" is the area formed by a line drawn from the
intersecting point of a sidewalk or other public way and a public
Ordinance - 20
alley at an angle of 30 degrees from the projection of the
boundary of the alley into the intersecting public way. (See
Figure 9.6670(6)(b) Projecting Sign Area.)
5. No sign may project from a building at the corner of 2 streets more
than 1 foot for every 5 feet of distance from the point where the
building wall on which the sign is attached would intersect the curb
if that wall extended to the curb. (See Figure 9.6670(6)(b)
Projecting Sign Area.)
Section 36. Section 9.6709 of the Eugene Code, 1971, is amended by adding a new
paragraph (f) to Subsection (1), amending Subsection (2)(a)1., and adding a new Subsection c.
to Subsection (2)( e), to provide:
9.6709
Special Flood Hazard Areas - Standards.
(1) General Standards. In all areas of special flood hazards, compliance with
the following standards is required:
(f) Recreational Vehicles. Recreational vehicles placed on sites will either:
1. Be on the site for fewer than 180 consecutive days, or
2. Be fully licensed and ready for highway use, on its wheels or
jacking system, attached to the site only by quick disconnect type
utilities and security devices, and have no permanently attached
additions.
(2) Specific Standards. In all areas of special flood hazards where base flood
elevation data has been provided as required in subsections 9.6707(1) or (2),
the following provisions are required:
(a) Residential Construction.
1. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated
to a minimum of one foot above the base flood elevation.
(e) Shallow Floodina Areas - With Depth DesiQnations. Shallow flooding
zones appear on Flood Insurance Rate Maps (FIRM), with depth
designations, wherever such flooding occurs on sloping water surfaces
such as alluvial fan flow, wave wash after the wave has broken, etc. In
these areas, the following provisions apply:
2. New construction and substantial improvements of nonresidential
structures within these zones shall either:
a. Have the lowest floor (including basement) elevated above
the highest adjacent grade of the building site to at least one
foot above the depth number specified on the FIRM; or
b. Together with attendant utility and sanitary facilities, be
completely flood proofed to at least one foot above that level
so that any space below that level is watertight with walls
substantially impermeable to the passage of water and with
structural components having the capability of resisting
Ordinance - 21
hydrostatic and hydrodynamic loads and effects of
buoyancy. If this method is used, compliance shall be
certified by a registered professional engineer or architect.
c. Adequate drainage paths shall be provided around
structures on slopes to guide floodwaters around and away
from proposed structures.
Where hazardous velocities are noted on the FIRM, consideration
shall be given to mitigating the effects of these velocities through
proper construction techniques and methods.
Section 37. Section 9.6730 of the Eugene Code, 1971, is amended by adding a
Subsection (4) thereto, to provide:
9.6730
Pedestrian Circulation On-Site.
(4) Adjustment. These standards may be adjusted if consistent with the criteria
of EC 9.8030(22).
Section 38. Subsection (3)(b) and (3)( c) of Section 9.6745 of the Eugene Code, 1971,
are amended to provide:
9.6745
Setbacks-Intrusions Permitted.
(3) Projecting Building Features.
(a) One StOry Structures. The following building features may project into
the required front yard setback no more than 5 feet and into the required
interior yard setback no more than 2 feet; provided, that such
projections are at least 8 feet 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 building.
(b) Multiple StOry Structures (2 or more floors). For multiple-story buildings,
portions of buildings that may project into required front yard setbacks
no more than 5 feet and into the required interior yard setback no more
than 2 feet, provided such projections are at least 8 feet from any
building on an adjacent lot, include:
1. Eaves, cornices, belt courses, sills, awnings, buttresses or other
similar features.
2. Chimneys and fireplaces, 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 feet deep and 10 feet long and no higher
than 25 feet may project into required yards that abut streets. The
Ordinance - 22
maximum frequency of such bays is one bay per 15 feet of
building street frontage.
5. Balconies with a maximum depth of 10 feet are permitted to
project into required yards that abut streets.
6. Bay windows cantilevered from the first floor, provided they do not
exceed 8 feet in width.
(c) Signs conforming to all other applicable provisions of this code.
Freestanding signs 5 feet high or less are allowed in the front yard
setback when located at least 5 feet from the front property line.
Section 39. Section 9.6805 of the Eugene Code, 1971, is amended to provide:
9.6805
Dedication of Public Ways. As a condition of any development, the city may
require dedication of public ways for bicycle and/or pedestrian use as well as for
streets and alleys, provided the city makes findings to demonstrate consistency with
constitutional requirements. Public ways for pedestrian and bicycle accessways,
streets and alleys to be dedicated to the public by the applicant shall conform with
the adopted Street Right of way Map, and EC Table 9.6870.
Section 40. The first paragraph of Section 9.6810 of the Eugene Code, 1971, is
amended, and a new Subsection (4) is added thereto, to provide:
9.6810
Block Lenath. Block length for local streets shall not exceed 600 feet, unless an
exception is granted based on one or more of the following:
(4) As part of a Type II or Type III process, the developer demonstrates that a
strict application of the 600-foot requirement would result in a street network
that is no more beneficial to vehicular, pedestrian or bicycle traffic than the
proposed street network and that the proposed street network will
accommodate necessary emergency access.
Section 41. Subsection (2) of Section 9.6815 of the Eugene Code, 1971, is amended to
provide:
9.6815
Connectivity for Streets.
(2) Street Connectivity Standards.
(a) All streets and alleys shall be public unless the developer demonstrates
that a public street or alley is not necessary for compliance with this
land use code or the street connectivity standards of subparagraphs (b)
through (f) of this subsection.
(b) The proposed development shall include street connections in the
direction of all existing or planned streets within 1/4 mile of the
development site. The proposed development shall also include street
connections to any streets that abut, are adjacent to, or terminate at the
development site.
Ordinance - 23
(c) The proposed development shall include streets that extend to
undeveloped or partially developed land that is adjacent to the
development site or that is separated from the development site by a
drainage channel, transmission easement, survey gap, or similar
property condition. The streets shall be in locations that will enable
adjoining properties to connect to the proposed development's street
system.
(d) Secondary access for fire and emergency medical vehicles consistent
with EC 9.6870 is required.
(e) Except for applications proposing needed housing, all applicants shall
show that the proposed street alignment shall minimize excavation and
embankment and avoid impacts to natural resources, including water-
related features.
(f) In cases where a required street connection would result in the
extension of an existing street that is not improved to city standards and
the street has an inadequate driving surface, the developer shall
construct a temporary barrier at the entrance to the unimproved street
section with provision for bicycle, pedestrian, and emergency vehicle
access. The barrier shall be removed by the city at the time the existing
street is improved to city standards or to an acceptable standard
adopted by the public works director. In making a determination of an
inadequate driving surface, the public works director shall consider the.
street rating according to Eugene's Paving Management System and
the anticipated traffic volume.
(g) In the context of a Type II or Type III land use decision, the city shall
grant an exception to the standards in subsections (2)(b), (c) or (d) if the
applicant demonstrates that any proposed exceptions are consistent
with either subsection 1. or 2. below:
1. The applicant has provided to the city, at his or her expense, a local
street connection study that demonstrates:
a. That the proposed street system meets the intent of street
connectivity provisions of this land use code as expressed in EC
9.6815(1); and
b. How undeveloped or partially developed properties within a
quarter mile can be adequately served by alternative street
layouts.
2. The applicant demonstrates that a connection cannot be made
because of the existence of one or more of the following conditions:
a. Physical conditions preclude development of the connecting
street. Such conditions may include, but are not limited to,
topography or likely impact to natural resource areas such as
wetlands, ponds, streams, channels, rivers, lakes or upland
wildlife habitat area, or a resource on the National Wetland
Inventory or under protection by state or federal law.
b. Buildings or other existing development on adjacent lands,
including previously subdivided but vacant lots or parcels,
physically preclude a connection now or in the future,
considering the potential for redevelopment.
Section 42. Section 9.6820 of the Eugene Code, 1971, is amended to provide:
Ordinance - 24
9.6820
provide:
9.6830
9.6870
Cul-de-Sacs or Emeroencv Vehicle Turnarounds.
(1) Except for streets that are less than 150 feet long and streets that will be
extended in the future, all streets that terminate shall be designed as a cul-de-
sac bulb or an emergency vehicle turnaround.
(2) If a street will be extended in the future, a temporary easement shall be
provided and an emergency vehicle turnaround shall be constructed.
(3) There shall be no cul-de-sacs more than 400 feet long from the centerline of
the intersecting street to the radius point of the cul-de-sac bulb.
(4) Public accessways to provide safe circulation for pedestrians, bicyclists and
emergency vehicles shall be required from a cul-de-sac or emergency vehicle
turnaround longer than 150' in length when measured from the centerline of
the intersecting street to the radius point of the cul-de-sac or to the center
point of the emergency vehicle turnaround.
(5) As part of a Type II or Type III process, an exception may be granted to the
requirements of (1), (3) and (4) of this section because of the existence of one
or more of the following conditions:
(a) Physical conditions preclude development of the connecting street.
Such conditions may include, but are not limited to, topography or likely
impact to natural resource areas such as wetlands, ponds, streams,
channels, rivers, lakes or upland wildlife habitat areas, or a resource on
the National Wetland Inventory or under protection by state or federal
law.
(b) Buildings or other existing development on the subject property or
adjacent lands, including previously subdivided but vacant lots or
parcels, physically preclude a connection now or in the future,
considering the potential for redevelopment.
Section 43. Subsection (2) of Section 9.6830 of the Eugene Code, 1971, is amended to
Intersections of Streets and Alleys.
(2) Offsets. The minimum intersection offset shall be 100 feet on a local street,
200 feet on a collector street, and 400 feet on an arterial street unless adjusted
through the process for adjustments to standards of EC 9.8030(12). Offsets
shall be measured from the center lines of the two intersecting streets.
Section 44. Section 9.6870 of the Eugene Code, 1971, is amended to provide
Street Width. Unless an alternative width is approved through use of other
procedures in this code, the right-of-way width and paving width of streets and
alleys dedicated shall conform to those designated on the adopted Street Right-of-
Way map. When a street segment right-of-way width is not designated on the
Street Right-of-Way map, the required street width shall be the maximum shown for
its type in Table 9.6870 Right-of-Way and Paving Widths unless a lesser width is
approved by the planning director and public works director based on adopted plans
and policies, adopted "Design Standards and Guidelines for Eugene Streets,
Sidewalks, Bikeways, and Accessways," or other factors which, in the judgment of
Ordinance - 25
the planning and public works director allow for a lesser street width.
Table 9.6870 Right-of-Way and Pavina Widths
Type of Street or Alley Right-of-Way Paving Width
(for Public Streets and Alleys only)
Major Arterials 100' - 120' 68' - 94'
Minor Arterials 65'-100' 46' 70'
Major Collector 60' - 75' 32' - 44'
Neiqhborhood Collector 40' 55' 20' - 43'
Bicycle and Pedestrian Accessway:
With Fire Accessibility 20' 20'
Without Fire Accessibility 10' 10'
Local Streets
Alley (secondary access) only 14' 12'
Alley (primary access) 20' 12' one-way travel
20' two-way travel
Access Lane 40' - 55' 21' - 28'
Low Volume Residential 45' - 55' 20' - 28'
Medium Volume Residential 50' - 60' 20' - 34'
Commercial and Industrial 55' - 70' 30' - 44'
Cul-de-sac Bulb Radius:
Residential 48,5" 35'
Non-residential 62' 50'
*Measured from face to face of curbs
(1) Slope Easements. Because of terrain, slope easements may be required to
facilitate the construction of streets and alleys and protect the structural
integrity of the constructed roadway. Slope easements shall be granted in
addition to the required street or alley width listed in Table 9.6870 Right-of-
Way and Paving Widths.
(2) Construction Standards. All streets and alleys shall be designed and
constructed according to adopted council policy and standards and
specifications adopted pursuant to Chapter 7 of this code.
Section 45. The lead paragraph of Subsection (2) of Section 9.6885 of the Eugene Code,
1971, is amended to provide:
9.6885
Tree Preservation and Removal Standards.
(2) Tree Preservation and Removal Standards. No permit for a development
activity subject to this section shall be approved until the applicant submits
plans or information, including a written report by a certified arborist or
licensed landscape architect, that demonstrates compliance with the following
standards:
Section 46. Section 9.7015 of the Eugene Code, 1971, is amended to provide:
9.7015
Application Completeness Review. The city shall review an application and,
within 30 days of its receipt, notify the applicant as to whether the application is
Ordinance - 26
complete. If the city determines that the application contains sufficient information
for review, the city shall advise the applicant in writing that the application is deemed
complete and begin the application review process. If the city determines that the
application is incomplete, the city shall advise the applicant in writing of the
necessary missing information. The city shall begin review of the application either:
(1) Upon receipt of all of the missing information requested by the city; or
(2) Upon receipt of some of the missing information and a written statement from
the applicant indicating that none of the other missing information will be
provided; or
(3) Upon receipt of a written statement from the applicant indicating that none of
the missing information will be provided.
On the 18151 day after being first submitted, the application will be void if the
applicant has been notified of the missing information and has not complied with (1),
(2), or (3) of this section.
Section 47. Section 9.7020 of the Eugene Code, 1971, is amended to provide:
9.7020
Extension of Time Limit Restrictions. Upon the written request of the applicant
submitted to the planning director, any applicable time limits may be extended for a
specified period of time, but in no case may the total of all extensions exceed 245
days.
Section 48. The entries for "Vacations" in table 9.7055 of the Eugene Code, 1971, are
amended to provide:
Table 9.7055 Applications and Review Authorities
R = Recommendation, D = Decision Maker, A = Appeal Review Authority
Application Type Planning Hearings Historic Planning City
Director Official Review Commission Council
Board
Vacations:
- Unimproved Easement I D
- Undeveloped Plat D
- Unimproved Public II D A
Right- of-way, Improved
public Easements
- Vacation and Re- /I D A
dedication of Unimproved
Public Right-of-way
- Vacation of Improved D
Public Right-of-way, and
vacation of any pubic
way acquired with public
funds
Section 49. Section 9.7110 of the Eugene Code, 1971, is amended to provide:
Ordinance - 27
9.7110
Decision. Within 30 days of the city's determination that an application is complete,
unless the applicant agrees to a longer time period, the planning director shall
approve, approve with conditions, or deny the application based on findings and
conclusions according to the requirements and criteria found in EC 9.8000 through
9.8865. The decision of the planning director is final.
Section 50. Table 9.7405 of the Eugene Code, 1971, is amended to delete the entry for
"Vacation."
Reference
*A zone change to apply the /ND overlay zone shall be processed according to EC
9.4260.
Section 51. Subsection (2) of Section 9.7605 of the Eugene Code, 1971, is amended to
provide:
9.7605
Filina of Appeal of Plannina Director's Decision.
(2) The appeal shall be submitted on a form approved by the city manager, be
accompanied by a fee established pursuant to EC Chapter 2, and be received
by the city no later than 5:00 p.m. of the 12th day after the notice of decision is
mailed. The record from the planning director's proceeding shall be forwarded
to the appeal review authority. New evidence pertaining to appeal issues shall
be accepted.
Section 52. Subsection (2) of Section 9.7655 of the Eugene Code, 1971, is amended to
provide:
9.7655
Filina of Appeal of HearinQs Official or Historic Review Board Initial Decision.
(2) The appeal shall be submitted on a form approved by the city manager, be
accompanied by a fee established pursuant to EC Chapter 2, and be received
by the city no later than 5:00 p.m. of the 1ih day after the notice of decision is
mailed. The record from the proceeding of the hearings official or historic
review board shall be forwarded to the appeal review authority. No new
evidence pertaining to appeal issues shall be accepted.
Ordinance - 28
Section 53. Industrial Corridor Map 9.7805 of the Eugene Code, 1971, is amended and
replaced by the Industrial Corridor Map 9.7805 attached hereto
Section 54. The lead paragraph of Section 9.7885 of the Eugene Code, 1971, is
amended to provide:
9.7885
Annexation Procedures for the "Industrial Corridor". Annexation applications
for property in the "Industrial Corridor" may be processed according to the
procedures in this section if the special provisions requiring action by the city council
are applicable. The "Industrial Corridor" is a triangular-shaped area particularly
described in Exhibit A to the Annexation and Urban Services Policy Agreement
dated April 25, 1991. See Map 9.7805 Industrial Corridor.
Section 55. Table 9.8010 of Section 9.8010 of the Eugene Code, 1971, is amended to
provide:
9.8010
List of Adopted Plans. The documents listed in the following Table 9.8010,
including any adopted amendments, are the currently effective adopted plans that
may be applicable to a particular land use application. The plans and adopted
policies are more particularly set forth beginning at EC 9.9500, and the boundaries
for each are depicted on Map 9.8010 Adopted Plans.
Bethel-Danebo Refinement Plan Phase /I
Bethel-Danebo Refinement Plan .
Com rehensive Stormwater Mana ement Plan
Eu ene Commercial Lands Stud
Eu ene Downtown Plan
Eu ene Parks and Recreation Plan
Eugene-Springfield Metropolitan Area General
Plan Metro Plan
FairmounUU of 0 S ecial Area Stud
Jefferson/Far West Refinement Plan
Laurel Hill Nei hborhood Plan
19 and A ate S ecial Area Stud
Resolution No. 3862 Adopting the West 11
Commercial Land Use Policy and Refining the
Eugene-Springfield Metropolitan Area General
Plan Ado ted June 13, 1984
Table 9.8010 List of Adopted Plans
River Road-Santa Clara Urban Facilities Plan
Riverfront Park Stud
South Hills Stud
South Willamette Subarea Stud
TransPlan Metro Area Trans ortation Plan
West Eu ene Wetlands Plan
West University Refinement Plan
Wests ide Nei hborhood Plan
Whiteaker Plan
Willakenzie Area Plan
Willow Creek S ecial Area Stud
Resolution No. 3885 Establishing Areas for the
Application of c-4 Commercial-Industrial District
Zoning, and Amending Resolution No. 3862
Ado ted on November 13, 1984
Ordinance - 29
Section 56. Subsection (2) of Section 9.8030 of the Eugene Code, 1971 is amended by
adding a new Subsection (d) thereto; Subsection (10)(a) is amended, Subsection (12) is
amended, and a new Subsection (22) is added thereto, to provide:
9.8030
Adiustment 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.
(2) Setback Standards Adjustment. Where this land use code provides that the
setback standards applicable to specific zones may be adjusted, the
standards may be adjusted upon finding that the proposed setback is
consistent with the following applicable criteria:
(d) Outdoor Merchandise Display in C-2 and C-4. The limitation on outdoor
merchandise display in EC 9.2171 (11 )(b)2. may be adjusted upon a
finding that the proposed adjustment is consistent with the intent set out
in EC 9.2170(1).
(10) 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.
(a) Number of Required Off-Street Parkina Spaces. Adjustments may be
made to the required number of off-street parking space provisions of
EC 9.6410 based on the following criteria:
1. The minimum required off-street parking spaces may be reduced
by up to 50 percent when the applicant for a development can
demonstrate, in a parking-traffic study prepared by a traffic
engineer, that both of the following conditions exist:
a. The use of alternative modes of transportation, including
transit, bicycles, and walking, and/or special characteristics
of the customer, client, employee or resident population will
reduce expected vehicle use and parking space demand for
this development, as compared to standard Institute of
Transportation Engineers vehicle trip generation rates and
minimum city parking requirements.
b. A proposed Transportation Demand Management (TDM)
Program has been approved by the city that contains
strategies for reducing vehicle use and parking demand
generated by the development and establishes benchmarks
by which the program's effectiveness will be measured
annually. The city may waive the preparation of a TDM plan
if the requirement set forth in EC 9.8030(10(a)1.a. can
otherwise be satisfied.
2. In the case of an existing use proposing to provide a transit stop
and related amenities such as a public plaza, pedestrian sitting
areas, transit-supportive development, and additional landscaping,
the number of required off-street parking spaces may be reduced
Ordinance - 30
by up to 10 percent.
3. Except within a /TD overlay zone, an adjustment that approves
installation up to 150 percent of the minimum spaces required by
EC 9.6410(3) Minimum Number of Required Off-Street Parking
Spaces may be allowed, if all of the following are met:
a. Additional parking is necessary to meet the parking demand
for a specific use.
b. Shared use of parking is not available or adequate to meet
the demand.
c. At least 60 percent of the parking lot is allocated and striped
for compact cars.
d. An employee-based Transportation Demand Management Program has been
approved by the city, and annual reports thereon are subsequently provided to the
city.
(12) Intersections of Streets and Alleys Standards Adjustment. The minimum
offset intersection requirements set forth in EC 9.6830 may be adjusted if the
proposed adjustment is necessary and is designed so that no offset dangerous
to the traveling public is created as a result of staggering of intersections. An
offset necessary to assure safety and efficiency based on traffic engineering
principles shall be required. Upon submittal by a traffic engineer and approval
by the city of a study that demonstrates the safety and efficiency of an
intersection offset of a lesser distance, the minimum intersection offsets of 100
feet on a local street, 200 feet on a collector street, and 400 feet on an arterial
street may be adjusted. Offsets shall be measured from the center lines of the
two intersecting streets.
(22) Pedestrian Circulation On-site Adjustment. Where this land use code
provides that on-site pedestrian circulation may be adjusted, the standards may
be adjusted upon finding that, considering site constraints or practical
difficulties, the proposed design provides adequate pedestrian connections:
(a) Between building entrances and streets or accesways;
(b) Between new and existing buildings on the development site, including
recreation and community facilities;
(c) From proposed industrial, commercial and institutional uses to adjacent
parcels having similar existing or planned uses;
(d) To nearby transit stops, parks and other recreation facilities; and
(e) Between parking lots and main buildings.
Section 57. Subsection (1) of Section 9.8055 of the Eugene Code, 1971, is amended to
provide:
9.8055
Cluster Subdivision- Approval Criteria - General. The planning director shall
approve, approve with conditions, or deny a proposed cluster subdivision. Approval
or approval with conditions shall be based on the following:
(1) The proposed subdivision complies with:
(a) EC 9.8515 Subdivision. Tentative Plan Approval Criteria- General
except for the standards related to EC 9.2760 Residential Zone Lot
Standards;
Ordinance - 31
to provide:
9.8090
to provide:
9.8215
to provide:
9.8220
(b) EC 9.2750 Residential Zone Development Standards;
With the exception of density requirements, the residential development
standards of EC 9.2750 Residential Zone Development Standards and EC
9.2751 Special Development Standards for Table 9.2750 may be relaxed
based on compliance with the remainder of the cluster subdivision criteria. An
exception or an adjustment to a development standard constitutes compliance
with the standard.
Section 58. Subsection (8)( c) of Section 9.8090 of the Eugene Code, 1971, is amended
Conditional Use Permit Approval Criteria - General. A conditional use permit
shall be granted only if the proposal conforms to all of the following criteria:
(8) The proposal complies with all applicable standards, including but not limited
to:
(c) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and other
Public Ways;
Section 59. Subsection (1)(b) of Section 9.8215 of the Eugene Code, 1971, is amended
Partition. Tentative Plan Approval Criteria- General. The planning 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:
(b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other
Public Ways.
Section 60. Subsection (2)(b) of Section 9.8220 of the Eugene Code, 1971, is amended
Partition. Tentative Plan Approval Criteria- Needed Housina. 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
Partition. Tentative Plan Approval 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:
Ordinance - 32
(b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other
Public Ways.
Section 61. Subsection (2)(b) of Section 9.8310 of the Eugene Code, 1971, is amended
to provide:
9.8310
Tentative Planned Unit Development General Application Reauirements.
(2) Project Coordinator and Professional Design Team. The tentative PUD
application shall identify the PUD project coordinator and the professional
design team and certify compliance with the following:
(a) Proiect Coordinator. The project coordinator shall:
1. Be the liaison between the applicant and the city.
2. Ensure that the required plans are prepared and executed
according to any required conditions.
3. Either be a member of the American Institute of Certified Planners
or licensed in the state of Oregon to practice architecture, civil
engineering, or landscape architecture.
The project coordinator, or at least one design team member, shall
attend all public meetings at which the proposal is discussed.
(b) Professional Desion Team Desionation. Unless waived by the planning
director, the professional design team shall consist of at least the
following professionals:
1. Oregon licensed arborist.
2. Oregon licensed architect.
3. Oregon licensed civil engineer.
4. Oregon licensed landscape architect.
5. Oregon licensed land surveyor.
Section 62. Subsection (5)(a) of Section 9.8320 of the Eugene Code, 1971, is amended
to provide:
9.8320
Tentative Planned Unit Development Approval 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 conditions shall be based on compliance with the following criteria:
(5) The PUD provides safe and adequate transportation systems through
compliance with the following:
(a) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other
Public Ways (not subject to modifications set forth in subsection (11)
below).
Section 63. Subsection (6)(a) of Section 9.8325 of the Eugene Code, 1971, is amended
to provide:
Ordinance - 33
9.8325
9.8335
9.8410
to provide:
Tentative Planned Unit Development Approval Criteria - Needed Housina. The
hearings official shall approve, conditionally approve, or deny the PUD application
with findings and conclusions. Unless the applicant elects to use the general criteria
contained in EC 9.8320 Tentative Planned Unit Development Approval Criteria _
General, 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:
(6) The PUD provides safe and adequate transportation systems through
compliance with all of the following:
(a) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other
Public Ways (not subject to modifications set forth in subsection (11)
below).
Section 64. A new Section 9.8335 is added to the Eugene Code, 1971, to provide:
Modifications to Approved Tentative Planned Unit Development. The applicant
may apply for a modification of the approved PUD tentative plan following the Type
"process. The planning director shall approve the request only if it complies with
the following criteria:
(1) The proposed modification is consistent with the conditions of the original
approval.
(2) The proposed modification will result in insignificant changes in the physical
appearance of the development, the use of the site, and impact on the
surrounding properties.
If the planning director determines that the proposed modification is not consistent
with the above criteria, the proposed modification may not occur. Nothing in this
section shall preclude the applicant from initially submitting the requested
modification as a new tentative PUD application.
Section 65. Section 9.8410 of the Eugene Code, 1971, is amended to provide:
Property Line Adiustment Application Reauirements. In addition to the
provisions in EC 9.7010 Application Filino, the following specific requirements shall
apply to property line adjustment applications.
(1) Except for parallel property line adjustments to platted lots, when the adjusted
property line is a distance of even width along the common boundary, all
applications shall be prepared by an Oregon licensed Land Surveyor.
(2) Applications shall be signed by at least one of the owners of each parcel
involved, and shall include a current preliminary title report issued within one
year of the date the application is submitted, for each parcel.
Section 66. Subsection (3)(a) of Section 9.8440 of the Eugene Code, 1971, is amended
Ordinance - 34
9.8440
to provide:
9.8515
to provide:
9.8520
9.8580
Site Review Approval Criteria-General. The planning director shall approve,
conditionally approve, or deny the site review application. Approval or conditional
approval shall be based on compliance with the following criteria:
(3) The proposal provides safe and adequate transportation systems through
compliance with all of the following:
(a) Compliance with EC 9.6800 through EC 9.6875 Standards for Streets,
Alleys, and Other Public Ways.
Section 67. Subsection (1)(b) of Section 9.8515 of the Eugene Code, 1971, is amended
Subdivision. Tentative Plan Approval Criteria - General. The planning director
shall approve, approve with conditions, or deny a proposed subdivision. Approval,
or approval with conditions shall be based on compliance with the following criteria:
(1) The proposed subdivision complies with the following:
(b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other
Public Ways; and
Section 68. Subsection (3){b) of Section 9.8520 of the Eugene Code, 1971, is amended
Subdivision. Tentative Plan Approval Criteria- Needed Housina. 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
Subdivision. Tentative Plan Approval Criteria- General, 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 following criteria:
(3) The proposed subdivision complies with all of the following:
(b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other
Public Ways.
Section 69. A new Section 9.8580 is added to the Eugene Code, 1971, to provide:
Modifications to Approved Subdivision Performance Aareement. The applicant
may apply for a modification of the approved subdivision performance agreement
following the Type II process. The planning director shall approve the request only if
it complies with the following criteria:
(1) The proposed modification is consistent with the conditions of the original
approval.
(2) The proposed modification will result in insignificant changes in the physical
appearance of the development, the use of the site, and impact on the
Ordinance - 35
9.8700
9.8710
surrounding properties.
If the planning director determines that the proposed modification is not consistent
with the above criteria, the proposed modification may not occur. Nothing in this
section shall preclude the applicant from initially submitting the requested
modification as a new subdivision tentative plan application.
Section 70. Section 9.8700 of the Eugene Code, 1971, is amended to provide:
Purpose of Vacations. In order to ensure the orderly development of land, public
ways in the form of streets, roads, alleys, rights-of-way, pedestrian and/or bicycle
easements and accessways, or utility easements are established, obtained, or
reserved by the city. As land develops, and as land uses change over time, public
ways may no longer be necessary for ensuring the orderly development of land.
This land use code and state law provide procedures, requirements, and criteria for
vacating public ways. The vacation process includes a review of the need for public
ways and the manner in which to dispense with public ways. In addition, sections
9.8700 through 9.8725 of this land use code provide a process for the vacation of
undeveloped subdivision and partition plats or parts thereof.
Section 71. Section 9.8710 of the Eugene Code, 1971, is amended to provide:
Vacations. Application Reauirements.
(1) Vacation of unimproved public easements shall be considered in accordance
with the Type I Application Procedures contained in EC 9.7000 through
9.7885 and the approval criteria contained in EC 9.8715. In the case of public
utility easements, statements of concurrence with the vacation from affected
utility providers must be submitted with the application.
(2) Vacation of improved public easements, unimproved public right-of-way, and
vacation and rededication of unimproved public rights-of-way, except
improved public easements and public right-of-way located within
undeveloped subdivision or partition plats, shall be considered in accordance
with the Type" Application Procedures contained in EC 9.7000 through
9.7885 and the approval criteria contained in EC 9.8720. In the case of public
utility easements, letters of concurrence to the vacation from affected utility
providers must be submitted with the application.
(3) Vacation of any public way acquired with public funds, vacation of improved
public right-of-way, and vacation of undeveloped subdivision and partition
plats, or parts thereof, including public right-of-way and improved public
easements located therein, shall be considered and decided upon by the city
council in accordance with the procedures contained in EC 9.7445 through
9.7455 and the approval criteria contained in EC 9.8725.
(4) All applications shall be accompanied by the application fee established by the
city manager pursuant to Chapter 2 of this code, and an additional amount
sufficient to pay the expenses related to publication of the vacation notice.
(5) In addition to payment of the application and publication fees referenced in
subsection (4) above, a vacation of improved or unimproved public right-of-
way, any public way acquired with public funds, or any undeveloped
subdivision or partition plat, or portions thereof, shall require the payment by
the applicant of a deposit equal to the assessment of special benefit that
Ordinance - 36
results from the vacation and disposition of property to the benefitted property
owners.
(a) The assessed value of special benefit and the amount of money to be
deposited shall be determined by the city manager. The assessed
value of special benefit shall include:
1. The value of the real property; and
2. The costs incurred by the city in the construction of public
improvements.
(b) Notice of the proposed assessment for benefits shall be given by mail to
the owners of the property to be assessed no less than 20 days prior to
the public hearing of the vacation application before the city council, or
in the case of Type II applications, 10 days prior to the issuance of the
Planning Director's decision. The notice shall contain a statement of the
names, addresses, and the amount of the proposed assessment of
each land owner's special benefit by the vacation. Where a public
hearing is required, the notice shall also include the hour, date, and
place of the public hearing at which the city council will hear objections
to the vacation or assessment.
(c) At least 5 working days prior to the public hearing, or in the case of a
Type II application,S working days prior to the decision, the land owner
shall deposit with the city the sum of money called for by this subsection
(5).
(d) If the vacation application is approved, the deposit shall be retained by
the city. If the vacation application is denied, the deposit shall be
returned to the land owner.
(6) For vacations of improved or unimproved right-of-way, the application must
include the required consent from surrounding property owners as set forth in
ORS 271.080(2).
(7) For vacations of unimproved public easements and improved public
easements, the application must include the signatures of all property owners
and owners of property adjacent to the easement being vacated.
Section 72. The lead paragraph of Section 9.8715 of the Eugene Code, 1971, is
amended to provide:
9.8715
Approval Criteria for the Vacation of an Unimproved Easement. The planning
director shall approve, approve with conditions, or deny the vacation application.
Approval or approval with conditions shall be based on all of the following.
Section 73. Section 9.8720 of the Eugene Code, 1971, is amended by adding a new
Subsection (4) thereto, to provide:
9.8720
Approval Criteria for Vacation of Improved Easements. Unimproved Public
Riaht-of-Way. and Vacation and Rededication of Unimproved Public Riaht-of-
Way. The planning director shall approve, approve with conditions, or deny the
vacation application. The application shall be approved if the vacation is found to be
Ordinance - 37
consistent with the all of the following criteria:
(4) Payment of the special benefit assessment(s) resulting from the vacation of
unimproved right-of-way required by EC 9.8710(5)(a), have been made to the
city.
Section 74. The attached Figure 9.0500 Lot Lines, Lot Frontage, Lot Width, Lot Depth,
Figure 9.2171 (5) Maximum Front Yard Setbacks, Building Orientation, and Entrances and
Industrial Corridor Map 9.7805 are hereby adopted as amendments of, and replacements for,
the existing Figures and Map, and new Figure 9.0500 Curved Lot, and Figure 9.0500 Lot Width
are hereby adopted.
Section 75. The Legislative Findings attached as Exhibit A hereto are adopted in support
of this Ordinance.
Section 76. 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 77. 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.
Section 78. Sections 37 and 39 of the Eugene Charter of 2002 require that procedures
for vacating a public improvement be regulated by general ordinance, that any ordinance
amending those procedures not take effect for a period of six months after the date of adoption,
and then only if the ordinance is approved by an affirmative vote of six councilors. Pursuant to
those Charter provisions, the amendments to Sections 9.7055,9.7405,9.8700,9.8710,9.8715,
and 9.8720 of the Eugene Code, 1971 as set forth herein shall become effective six months
Ordinance - 38
after the date this Ordinance is adopted, and then only if this Ordinance is approved by an
affirmative vote of six councilors.
Section 79. Notwithstanding the effective date of ordinances as provided in the Eugene
Charter of 2002, this Ordinance shall become effective 30 days from the date of its passage by
the City Council and approval by the Mayor, or upon the date of its acknowledgment as
provided by ORS 197.625, whichever date is later. If that date is less than six months from the
date this Ordinance is adopted, those Sections referenced in Section 78 above shall not
become effective until the six month period has expired. If the date is more than six months,
those Sections shall become effective at the same time as the other provisions of this
Ordinance.
Passed by the City Council this
28th day of November, 2005
_Vb\cl~
ity ecorder
Approved by the Mayor this
'2.. day of ./nLJ'L~ ,2005
~ ~ I
~or ~-
Ordinance - 39
Figure
9.0500
Curved Lot
/
/ Change in bearing
greater than 100
/
Street Centerline ---.t
-'-..r---______
I -......
I .............
I
Reduced Lot
I Frontage (35' ~)
--I /'
I
I /'
/'
-- --- ---
I
I
I
/:
I R = Less than 300' :
I
I
I 1_________
I
I
-,------
I
I
I
I
" I
\ :
\ I
, I
~
I
- - --
I
- --
Note: Only those lots on the outside
of a curved street shall be eligible for
reduced lot frontage
Figure
9.0500
Lot Width
\ Street
75'
I
01
C?
\ -A
C1l
Lot Width I
\ I
(J'1
C? -A
C1l
\ I
40'
Figure
9.0500
Lot Lines, Lot Frontage,
Lot Width, Lot Depth
- - - - Front Lot Line
Required Front Yard
5 etback According to Zone
- - - - - - Interior Lot Line
... .. Lot Width
~ ~ Lot Depth
G - - - - -0 Lot Frontage
Required Interior Yard
5 etba ck According to Zone
Figure
9.2171(5)
Maximum Front Yard Setbacks,
Buildin Orientation, and Entrances
15' maximum front,
yard setback for
(-1, (-2 and (-3.
Building Portion within S etba cks:
In (-1, at least 80% of all street
facing building facades must be
within the specified maximum
setback. Building Portion within Setbacks: In (-2 or
(-3, at least 25% of all street facing
building facades must be within the
specified maximum setback (0 to 15 feet).
See Figure 9.2173(3) for
buildings over 25,000
square feet floor area.
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 E( 9.6210(1) Basic
Landscape Standard or Figure
9,2171(5)(e).
Paving 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 square feet of hard surface. See
Figure 9.2171(5)(e) and Figure
9.4530(8),
*= Main Entrance
~/
) LJL1
Map 9.7805
Industrial Corridor
\\~'N
~ J ~ )
~\ -- ~\ ~
\ ~- f- '5
\\ ;~ ~ <<~
~~; NJc ,:; ~ III.
~~ ~~ \ ~II
bf~ \ ENID :$ E 1f;'~ ~ ,. PJi1
h I.~ I ~ ~~~I ~~o;~ ftrq~111II111I
J
~i\\ _ r If" ~",'" mm ~
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Exhibit A
FINDINGS
The following criteria from EC 9.8065 shall be applied to the proposed code amendment:
(1) The amendment is consistent with applicable statewide planning goals adopted by the
Land Conservation and Development Commission.
Goal] - Citizen Involvement. To develop a citizen involvement program that insures the opportunity
for citizens to be involved in all phases of the planning process.
The City has acknowledged provisions for citizen involvement which insure the opportunity for
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The action taken did not amend the citizen involvement program. The process for
adopting these amendments complied with Goal 1 because it is consistent with the citizen
involvement provisions. Specifically, the Planning Commission held a series of public work
sessions followed by separate public hearings held by the Planning Commission and City Council.
Based on this information, the process followed is consistent with Goa11.
Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a
basis for all decisions and actions related to use of land and to assure an adequate factual basis for
such decisions and actions.
The Eugene Land Use Code specifies the procedure and criteria that were used in considering these
amendments to the code. The record shows that there is an adequate factual base for the
amendments.
The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such
an exchange, between the City and any affected governmental unit and when the City uses the
information obtained in the exchange to balance the needs of the citizens. To comply with the Goal
2 coordination requirement, the City engaged in an exchange about the subject of these amendments
with all of the affected governmental units. Specifically, the City provided notice of the proposed
action and opportunity to comment to Lane County, Springfield and the Department of Land
Conservation and Development.
There are no Goal 2 Exceptions required for these amendments. Therefore, the amendments are
consistent with Goal 2.
Goal 3 - Af!ricultural Lands. To Preserve Agricultural Lands.
The amendments are for property located within the urban growth boundary and do not affect any
land designated for agricultural use. Therefore, Goal 3 does not apply.
Goal 4 - Forest Lands. To conserveforest lands.
The amendments are for property located within the urban growth boundary and do not affect any
land designated for forest use. Therefore, Goal 4 does not apply.
Goal 5 - Open Spaces. Scenic and Historic Areas. and Natural Resources. To conserve open space
and protect natural and scenic resources.
These amendments do not create or amend the city's list of Goal S resources, do not amend a code
provision adopted in order to protect a significant GoalS resource or to address specific requirements
of GoalS, do not allow new uses that could be conflicting uses with a significant GoalS resource site
and do not amend the acknowledged UGB. Therefore, Goal S does not apply.
Goal 6 - Air. Water and land Resource Ouality. To maintain and improve the quality of the air,
water and land resources of the state.
The amendments to not affect the City's ability to provide for clean air, water or land resources.
Therefore, Goal 6 does not apply.
Goal 7 - Areas Sub;ect to Natural Disasters and Hazards. To Protect life and property from natural
disasters and hazards.
The amendments do not effect the City's restrictions on development in areas subject to natural
disasters and hazards. Further, the amendments do not allow for new development that could result
in a natural hazard. Therefore, Goal 7 does not apply.
Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and
visitors, and where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
The plan amendments do not effect the city's provisions for recreation areas, facilities or recreational
opportunities. Therefore, Goal 8 does not apply.
Goal 9 - Economic Develovment. To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon :s- citizens.
The amendments do not impact the supply of industrial or commercial lands. Therefore, the
amendments are consistent with Goal 9.
Goal] 0 - Housing. To provide for the housing needs of citizens of the state.
The amendments do not impact the supply of residential lands. Therefore, the amendments are
consistent with Goa11 O.
Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
The plan amendments do not effect the City's provision of public facilities and services. Therefore,
Goal 11 does not apply.
Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation
system.
[Transportation Planning Rule (OAR 660-012-0060) contains the following requirement:
(1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations
which significantly affect a transportation facility shall assure that allowed land uses are
consistent with the identified function, capacity, and performance standards (e.g. level of
service, volume to capacity ratio, etc.) of the facility....
(2) A plan or land use regulation amendment significantly affects a transportation facility if it:
(a) Changes the functional classification of an existing or planned transportation
facility;
(b) Changes standards implementing a functional classification system;
(c) Allows types or levels of land uses which would result in levels of travel or access
which are inconsistent with the functional classification of a transportation facility;
or
(d) Would reduce the performance standards ofthefacility below the minimum
acceptable level identified in the TSPJ
Due to the minor nature of these amendments, the proposed amendments do not affect the
provision of safe, convenient and economic transportation systems and do not significantly affect
any transportation facilities.
Goal]3 - Enerf!V Conservation. To conserve energy.
The amendments do not impact energy conservation. Therefore, Goal 13 does not apply.
Goal]4 - Urbanization. To provide for an orderly and efficient transition from rural to urban
land use.
The amendments do not affect the City's provisions regarding the transition ofland from rural to
urban uses. Therefore, Goal 14 does not apply.
Goal]5 - Willamette River Greenwav. To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the
Willamette River as the Willamette River Greenway.
The amendments to not contain any changes that affect the regulation of areas within the
Willamette River Greenway. Therefore, Goal 15 does not apply.
Goals ]6 - 19. Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocaen
resources.
These Statewide Planning Goals do not apply to the actions taken.
(2) The amendment is consistent with applicable provisions of the Metro Plan and
applicable adopted refinement plans.
The proposed code amendments include minor changes to the Land Use Code with the intent of
addressing gaps, ambiguities and conflicts without raising significant policy issues. Given the
minor nature of these amendments, there are no relevant Metro Plan policies affected by this
action.
The proposed amendments do not address any adopted refinement plans. Therefore, no
refinement plan is affected by this action.
(3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S
Special Area Zone, in the case of establishment of a special area zone.
The proposed amendments do not establish a special area zone. Therefore, this criterion does not
'apply to these amendments.
-.
CITY OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY - CIVIL DEPARTMENT
To:
Mary Feldman, City Recorder
Date: August 28,2006
Subject:
Scrivener Error Correction to EC 9.8055
This will confirm that subsection (1)( c) ofEC 9.8055 as amended by Ordinance No. 20351
was inadvertently deleted during the codification of Ordinance No. 20353 which amended other
portions of that subsection. This omission was also reflected in the final of Ordinance No. 20369.
Please effect a scrivener error correction to EC 9.8055(1) by adding the subsection (c) as set
forth in Ordinance 20351, and reletter the (1)( c) set forth in the corrected Ordinance 20369 as (1)( d).
The confusion and codification errors that occurred resulted from the Goal 5 Ordinance
(20351), Minor Amendments Ordinance (20353), and Stormwater Ordinance (20369) being drafted,
reviewed, and adopted all within a short time period, as evidenced by our prior scrivener memo of
July 19, 2006. As it pertains to subsection (1) ofEC 9.8055, this memo supercedes that prior memo,
and an excerpt that reflects the corrected version ofEC 9.8055(1) is attached.
These corrections are authorized by Sections 73 and 17 of Ordinance Nos. 20353 and 20369
respectively, and a copy of this memo should be attached to each of those Ordinances.
If you have any questions, please do not hesitate to contact me.
ENJ:jw
8'YY\eJ
cc: Alissa Hansen
'f
9.8055
Cluster Subdivision- Aooroval Criteria - General. The planning director shall
approve, approve with conditions, or deny a proposed cluster subdivision. Approval
or approval with conditions shall be based on the following:
(1) The proposed subdivision complies with:
(a) EC 9.8515 Subdivision, Tentative Plan Approval Criteria- General
except for the standards related to EC 9.2760 Residential Zone Lot
Standards;
(b) EC 9.2750 Residential Zone Development Standards;
(c) EC 9.2000 through 9.3915 regarding lot dimensions, solar standards,
and density requirements for the subject zone. Within the /WR Water
Resources Conservation Overlay Zone, no new lot may be created if
more than 330/0 of the lot, as created, would be occupied by the
combined area of the /WR conservation setback and any portion of the
Goal 5 Water Resource Site that extends landward beyond the
conservation setback, making the lot immediately eligible for an
adjustment under EC 9.8030(21 )(a);
(d) EC 9.6791 through 9.6797 regarding stormwater destination, pollution
reduction, flow control for headwaters area, oil control, source control,
easements, and operation and maintenance.
With the exception of density requirements, the residential development
standards of EC 9.2750 Residential Zone Development Standards and EC
9.2751 Special Development Standards for Table 9.2750 may be relaxed
based on compliance with the remainder of the cluster subdivision criteria. An
exception or an adjustment to a development standard constitutes compliance
with the standard.
to-
..
CITY OF EUGENE
INTER-DEP ARTMENT AL MEMORANDUM
CITY ATTORNEY - CIVIL DEPARTMENT
To:
Mary Feldman, City Recorder
Date: February 5 2007
Subject:
Scrivener Error Correction to EC 9.8055
A review of the legislative version of Ordinance 20351 (the Goal 5 Ordinance) which was
adopted on November 14, 2005, reflects an intent to add the following bold language to EC
9.8055(1)(c):
(c) EC 9.2000 through 9.3915 regarding lot dimensions, solar standards, and density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone, no new lot may be created if more than 33 % of
the lot, as created, would be occupied by the combined area of the /WR
conservation setback and any portion of the Goal 5 Water Resource Site that
extends landward beyond the conservation setback, making the lot
immediately eligible for an adjustment under EC 9.8030(21)(a);
A review of the legislative version of Ordinance 20353 (the Minor Amendments Ordinance)
which was adopted on November 28, 2005, reflects an intent to delete the following stricken
language from EC 9.8055(1)(c):
(c) EC 9.2000 through 9.3915 regarding lot dimensions, solar standards, and density
requirements for the subject zone;
As such, EC 9.8055(1)(c) should provide:
(c) Within the /WR Water Resources Conservation Overlay Zone, no new lot may be
created if more than 33% of the lot, as created, would be occupied by the
combined area of the /WR conservation setback and any portion of the Goal 5
Water Resource Site that extends landward beyond the conservation setback,
making the lot immediately eligible for an adjustment under EC 9.8030(21)(a);
Please effect a scrivener error correction to EC 9.8055(1 )( c) as it is now codified by deleting
the first sentence, which reads:
"EC 9.2000 through 9.3915 regarding lot dimensions, solar standards, and density
requirements for the subject zone."
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....
Mary Feldman
Page 2
February 5, 2007
This correction is authorized by Section 73 of Ordinance No. 20353 and a copy of this memo
should be attached to Ordinance 20353
If you have any questions, please do not hesitate to contact me.
HARRANG LONG GARY RUDNICK P.C.
CITY ATTORNEYS
c-:> \ \'
~~,/N > /V\;tlVl{
Emily N. Urome
ENJ:jw
Att: EC 9.8055(1)(c)
cc: Alissa Hansen
\
9.8055
Cluster Subdivision- Approval Criteria - General. The planning director shall
approve, approve with conditions, or deny a proposed cluster subdivision. Approval
or approval with conditions shall be based on the following:
(1) The proposed subdivision complies with:
(a) EC 9.8515 Subdivision. Tentative Plan Approval Criteria- General
except for the standards related to EC 9.2760 Residential Zone Lot
Standards; and
(b) EC 9.2750 Residential Zone Development Standards;
(c) Within the /WR Water Resources Conservation Overlay Zone, no new
lot may be created if more than 330/0 of the lot, as created, would be
occupied by the combined area of the /WR conservation setback and
any portion of the Goal 5 Water Resource Site that extends landward
beyond the conservation setback, making the lot immediately eligible for
an adjustment under EC 9.8030(21 )(a);
(~) EC 9.6791 through 9.6797 regarding stormwater destination, pollution
reduction, flow control for headwaters area, oil control, source control,
easements, and operation and maintenance.
With the exception of density requirements, the residential development
standards of EC 9.2750 Residential Zone Development Standards and EC
9.2751 Special Development Standards for Table 9.2750 may be relaxed
based on compliance with the remainder of the cluster subdivision criteria. An
exception or an adjustment to a development standard constitutes compliance
with the standard.