HomeMy WebLinkAboutOrdinance No. 19770~ x ~ .Z i t:
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ORDINANCE NO. 19710
AN ORDINANCE CONCERNING QUASI-JUDICIAL HEARING PROCEDURES
AND LAND DIVISION; AMENDING AND RENUMBERING SECTION 2.391
OF THE EUGENE CODE, 1911 TO 2,390; ADDING NEW SECTIONS
2.391, 9.033 AND 9,112 TO THAT CODE; AMENDING SECTIONS
2.392, 2.393, 2.395, 2.396, 2.397, 2.398, 2.399, 2.400,
2.403, 2.401, 2.409, 2.410, 2,411, 2,1066, 4.083, 7.610,
9.015, 9.011, 9.030, 9.035, 9.040, 9.045, 9.050, 9.055,
9.060, 9.065, 9,010, 9.015, 9.080, 9.085, 9.090, 9.122,
9.143, 9.144, 9.145, 9.14fi, 9.141, 9.14$, 9.150, 9.154,
9.156, 9..158, 9.160, 9.162, 9,164, 9.250, 9.29fi, 9.384,
9.386, 9,402, 9.439, 9.440, 9.443, 9.512, 9.516, 9.535,
9.53fi, 9.544, 9.512, 9.576, 9.584, 9.586, 9.588, 9,592,
9.604, 9,6ofi, 9.608, 9.644, 9,668, 9.612, 9.616, 9.618,
9.680, 9.681, 9.682, 9.690, 9,69fi, 9.706, 9.114, 9.116,
9.122, 9.13, 9.740, 9.142, 9.1016, 9.1020, 9.1039, 9.1041,
9.1043, 9.1'50, 9,1174, 9.1116, 9.1118, 9.1180, 9.1182,
9.1184, 9.?y18fi, AND 9.1188 OF THAT CODE; AND REPEALING
SECTIONS 9.095, 9.104, AND 9.520 OF THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS;
Section 1. Section 2.391 of the Eugene Code, 1911, is hereby renumbered
2.390 and amended; anew Section 2.391 is added to that Code; and Sections
2.392, 2.393, 2.395, 2,396, 2.391, 2.398, 2.399, and 2.400 of that GOde are
amended, to provide;
2.390 Quasi-Judicial Hearings - Procedures
~1~ As used ~n sec~t~ons 2.390 to ~ ~ his code
~Z.400 of t , unless the
context requires otherwise, the fal 1 owi ng words and phrases mean;
City~mana er. The city manager or his or her designee.
Hearincsl body. The hearings official, planning commission,
city counci 1, or historic review board, as the context requires .
Parma, The applicant or any person who has timely submitted
written or oral evidence or testimony for consideration in a quasi
judicial evidentiary hearing.
~2 ~ The regulations provided i n sections 2.390 to 2.400 of th i s
code govern the conduct of original quasi-judicial evidentiary hearings before
a hearings body when any of the fol 1 owi ng matters are i n issue;
~ a ~ A proposed grant or denial of an application far a plan -
ned unit development or condi ti anal use permit or major modi f i ca-
tion thereof;
fib} Review by the hearings official of a grant or denial of
a vari once or other discretionary deci s i an of the bui 1 di ng official
or the planning director;
Ordinance - 1
~~
~t
~c} A proposed change in zone classification of property;
td} A proposed annexation of property;
fie} A proposed designation, demolition ar moving of an his-
tor~ c 1 andmark;
~ f } A proposed quasi -judicial amendment of the Metropolitan
Area General Plan or of a Ref i nement Plan;
. fig} 0r any other matter in which a decision requires aquasi-
~ud~c~al land use hearing under this code or state law.
~3} The procedures set forth herein supersede any rules of proce-
dure ~Raberts Rules of Order} , resolution, bylaw, ordinance, or section of
this code i n conflict therewith, These procedures supplement the particular
land use decisional processes set forth in other parts of this code to the
extent that those processes are consistent herewith . Where these procedures
conflict with requirements of state 1 aw, state 1 aw shal 1 prevai ] ,
~4} The procedures for conducting hearings other than original,
quasi -judicial evidentiary hearings on land use matters, including but not
1 i mi ted to 1 eg i sl ati ve hearings and appeal hearings, are set forth i n those
parts of th ~ s code ref ati ng to particular matters .
x.391 uasi -Judicial Heari n s -Notice.
~ 1 } Unl ess a provi si on of this code speci f i es a greater distance,
wry tten note ce of a hears ng shal 1 be mai 1 ed to the applicant and owners of
record and , to occupants of any property located within 100 feet of the prop-
erty that ~ s the subject of the notice. The identity of the owners of re-
cord shall be determined from the most recent property tax assessment roll.
~2} The notice shall;
~a} Explain the nature of the application and the proposed
use or uses which would be authorized i f the application were
approved;
,fib}, Identify the applicable criteria that apply to the
appl ~ cats on at ~ ssue;
~c} Set forth the street address or other easily understood
geographical reference to the subject property;
~d} State ,the date, time, and 1 ocati on of the hearing;
fie} Identify the hearings body;
~ f } State that a copy of the app1 i cat i on, all documents and
eve dance rel ~ ed on by the applicant, and the ful 1 text of appl i -
cabl a criteria are avai 1 abl a for immediate inspection and that a
cagy of the staff report will be available far inspection at least
seven days before the hearing, such inspection to be at no cast,
The notice shall further state that copies of these materials will
be provided upon payment of the charge set by the city manager
pursuant to section x.020 of this code.
f fig} . Identi fy a staff representative avai 1 abl a to discuss the
appl ~ cat ~ on, and the telephone number where additional information
may be obtained;
. ~h} Include a general explanation of the requirements for
subm~ss~on of oral or written testimony, and the procedure for
the conduct of the hearing; and,
~ i } State ,that f ai 1 ure to raise an issue i n the heari n , i n
arson or ~ ~ ~ •g
p, n,wr~t~ng, ar failure to provide enough spec~f~c~ty to
give the dec~s~vn maker an opportunity to respond to the issue
Ordinance - 2
prevents appeal of the decision on that issue to a higher city
hearings body or to the land Use Board of Appeals.
~3} The notice shat 1 be mailed at least 20 days before the hear-
ing.
~.39~ Quasi -Judicial Heari n,qs -Conduct.
~ 1 } ^ Na person may ~~ybe disorderly, abusive, ar disruptive of the
conduct of the hearing.
~2} No person may present evidence, argument or comment without
first being recogn i ted by the presiding officer.
~3} Al 1 witnesses shall identify themselves and their place of
residence,
~4} Any employe:, agent, ar officer of the city shall disclose
his or her relationship to the city when commencing to testify.
~ 5} Formal rules of evidence as used i n courts of 1 aw shall not
apply. Evidence that i s not rel i ab1 e, probative and useful may be excluded
at the discretion of the presiding officer.
~6} All documents or other written materials relied on by the
applicant shal 1 be submitted to the city and, along with the applications,
be made avai 1 abl a to the public at the time that notice of the hearing i s
provided and i n the manner described under section 2.391 of this code . Any
staff notes or reports to be made part of the record shall be available to
the public at least seven days prior to the hearing.
~1} Audience demonstrations such as applause, cheering, display
of signs, and other conduct disruptive of the hearing shat 1 not be permitted,
Any such conduct may be cause for immediate suspension of the hearing.
2.393 uasi -Judicial Heari n s - Chal l en es to Im arti al i t .
~ 1 } Any proponent or opponent of, or person interested i n, a
matter to be heard, and any member of the hearings body may challenge the
qualification of any other member of that body to participate i n the hearing
and decision regarding the matter. The chal 1 enge shall state by off idavi t
the facts relied upon by the challenger as the basis for the chat 1 enge.
~a} Except, for good cause shown, the challenge shal 1 be
del ~ vexed by, personal serve ce to the city recorder and the person
whose , qual ~ f ~ cats on ~ s challenged, not 1 ess than 48 hours preceding
the time set for the hearing.
fib} The challenge shall be made a part of the record of
the hearing.
~2} No member of the hearings body may discuss or vote on a matter
when
~a} Any of the following has a direct or substantial
pecuniary interest in the matter: the member or his or her spouse,
brother, sister, child, parent, father-in-law, or mother-in-law;
any organization or bus i Hess i n which the member i s then serving
as an officer or director or employee or has so served within the
previous two years; ar any business with which the member is nego-
t i at i ng far or has an arrangement or understanding concerning a
prospective partnership, employment or other business affiliation,
fib} The member owns al 1 or a porn on of the property that i s
the subject of the matter before the hearings body or owns abutting
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or adjacent property.
~c} The member has a di rect personal interest i n the matter
or for any other reason cannot participate i n the hearing and deci -
sion impartially.
~3} Because of the importance of preserving public confidence
i n decisions made by the hearings body a member of that body may elect to
abstain from a , part i cul ar, heari ng when i n fact the member i s not disqualified
but simply desires to avoid the mere appearance of partiality. Abstention
in such an instance shall be solely a matter of the member's own judgment.
A member who feels that abstention may be necessary or desirable under th i s
sect i an shal 1 seek the advice of the body and then state the member' s
decision and the reasons therefor.
~4} No other officer or employee of the city who has a financial
or ather private interest i n a matter before the body may participate i n
d~ scuss~ on of the matter w~ th, or g~ ve an official api ni on on the matter
to, the body without first declaring for the record the nature and extent
of that interest.
~5} At the commencement of the hearing on a matter, members of
the hearings body shall reveal all ex parts contacts they have had about the
matter in the manner provided in section 2.396~b}. If the contacts have not
impaired the member's impartiality, the member shall so state that fact and
participate or abstain i n accordance with subsection ~3 } of this section .
~ fi } Notw~ thstand i ng any other rule, an abstaining or disqualified
member shall constitute part of a quorum and may represent the member's
interest at a hearing, provided the member joins the audience, makes full
disclosure of the member's status and position when addressing the body and
abstains fram discussion and from voting on the matter as a member of the
body .
~1} Di squal i f i cati an for ,reasons set forth i n subsecti an ~2} of
this section may be ordered by a majority of the members of the hearings
body present at the hearing. The member who is the subject of the motion
for disqualification may not vote on the motion.
~8} If all members of the body abstain or are disqualified and con-
sequently cannot reach a deci s i on wh i 1 e so abstaining or disqualified, al 1
members present, after stating their reasons for abstention or disqua1ifica-
t~ on, shat 1 by so dog ng be requal i fed and proceed to resolve the issues, un-
1ess such participation violates state or federal 1 aw or the city charter.
~9} A member absent during the presentation of any evidence
in a hearing may not participate in the deliberations or final decision
regarding the matter of the hearing unless he ar she has reviewed the
evidence received .
2.395 uasi -Judicial Heari n s -Burden of Proof. The burden of proof i s
upon the proponent, applicant, or moving party. A deci s i on to re-
sol ve the ~ ssues presented shal 1 be based upon reliable, probative, and sub-
stanti al evidence i n the whole record.
2.395 uasi -Judi ci a1 Heari n s -Order of Procedure. The Ares i di n of f i -
. 9
cer ~ n the conduct of the heari ng shall
~a} Commence the Hearin . Announce the nature and pur ose
of the he p
are ng and summary ze the rut es for ~ is conduct. The pre-
Ordinance - 4
siding officer, or other person at the presiding officer's direc-
ti on, shall make a statement to those i n attendance that:
1. Lists the applicable substantive criteria;
2. States that testimony and evidence must be directed
toward the specified criteria or to other criteria i n the plan
or land use regulation which the person believes to apply to
the decision; and
3. States that fai 1 ure to raise an issue with sufficient
specificity to afford the decision maker and the parties an
opportunity to respond to the issue precludes an appeal on
that issue to a higher city hearings body or to the Land Use
Board of Appeals.
~b~ Call for Statements of Conflicts of Interest Ex Porte
Contacts and Biases.
1. The presiding officer shal 1 cal 1 for statements of
ex parte contacts, potential and actual conflicts of interest,
and biases.
• 2. • Any member of the hearings body who has been subject
to s ~ gn ~ f i cant ex parte contacts regarding the matter shat l
place on the record the substance of the communication . I f
the contact has not impaired the member's impartiality, the
member shat 1 so state and may then participate i n the hearing
and decision. I f the member believes that his or her i mpar-
ti al i ty has been affected by the contacts, the member shall
not participate i n the hearing and decision. If the member
is uncertain or wishes to avoid the appearance of partiality,
he yr she shall seek the body's advice and announce adeci -
s i on regarding participation i n the hearing and decision, and
give the reasons for the action.
3. If the member making the disclosure of ex parte con-
tacts decides to participate in the hearing, the presiding
of f i cer shat i announce that any person, during their test i -
mony, has the right to rebut the substance of the commun i ca-
ti on. Communication between city staff and the hearings body
shall not be considered an ex parte contact.
4. Any member of the hearings body who has a potent i al
conflict of interest regarding the matter shall disclose the
nature of the potential conflict, on the record. Following
disclosure, the member may proceed in the same manner as des-
cribed in subparagraph 2 of this subsection.
5, Any member of the hearings body who has an interest
in the matter as described in subsection 2.393~2~ may not dis-
cuss or vote on the matter. Following di scl asure of the rea-
son for abstention, the member shall 1 eave the table during
hearing, deliberation, discussion, and voting on the matter.
fi. Any member considering abstention for reasons other
than those described above shall state the reasons far the
abstention, seek the advice of the body, and announce a deci-
sion and the reasons therefor.
1. Any member whose parti ci pati an has been challenged
by allegation of bias, prejudgment, personal interest, or par-
t~ al ~ ty, may make a statement i n response thereto or i n ex 1 an -
at i on th r ~ • p
e eof for the record, and state h ~ s or her dec ~ s ~ on
Ordinance - 5
regarding participation i n the hearing. The statement shat 1
be subject to crass-examination only upon consent of that
member, but shall be subject to rebuttal by the proponent,
opponent, or other interested party.
8. The presiding officer shall provide opportunity far
addi ti anal statements or discussions and proceedings i n con-
necti an with the impartiality of members of the hearing.
9. Any member who abstains or has been disqualified
shat 1 not participate i n discussion of the matter or vote
upon any procedural or substantive issue concerning i t.
~c} Receive Staff Notes and Re arts of Site views. Staff
notes and reports, that have been del i vend to members along with
the appl~cat~on or proposal and supporting materials prior to the
hearing shall be made part of the record. The presiding officer
sha] 1 then request that city staf f summari ze the nature of the
proposal, explain any graphic ar pictorial displays which are part
of the record, summarize the findings and decisions of whatever
body has previously considered the matter, and provide whatever
other information i s requested by the hearings body, I f any mem-
ber of the hearings body has visited the property which is the
subject of the land use application as part of the preparati an
for the hearing, any observations from the site view that are
relevant to the decision shat 1 be disclosed.
~d} Coordi nati an of Testimon . Ta the degree necessary to
an orderly process within available time, the presiding officer
may consolidate submissions by participants or establish reasonable
time limits for presentation of testimony. One or more spokesper-
sons for any group may be designated by the presiding officer.
fie} Pro anent's Case. The applicant ar his or her represen-
tat~ ve shall first be heard, and other persons or groups i n favor
of the applicant's proposal shat 1 next be heard. If the applicant
or any person representing the applicant provides documentary or
oral evidence in support of the application at the hearing, which
were not previously submitted under subsection 2.392 ~6} , other
than staf f notes ar reports or excerpts thereof, any party sha11
be entitled to a cant i nuance of the hearing as provided i n subpara-
graph gym} of this subsection.
~ f } Interested Persons . The presiding officer shal 1 next
all ow those persons who neither favor or oppose the app1 i cati on
and other interested persons to be heard.
fig} Op~on,ent'.,s Case. Finally, the presiding officer shall
allow persons or groups~~who oppose the application to be heard.
~h} Cit Staff Presentation and Recommendations. Appropri-
ate city staff members may then present the staff's own analysis,
f ~ ndi ngs, and pert Went recommendations.
~ i } Quest i an ~,n~,af Witnesses . The questioning of witnesses
i s a matter sal ely~~wi thin~~~~-the ~~~~~di scretian of the heari n s bad act-
. 9 Y
~ ng through the , pres ~ d ~ ng of f ~ cer except as subject ~ an ~ 2 } of sec-
t ~ vn 2.394 prov ~ des to the contrary. The presiding officer, as he
or she deems i t necessary or desi rab1 e, may permit the questi on i n
9
of witnesses by members of the hears ngs body, staff and other i n-
terested persons at the conclusion of the witness's presentati an.
No questioning of witnesses shall be permitted after the ro on-
P P
Ordinance - 6
ent's rebuttal , except the questioning of rebuttal witnesses as to
matters contained i n rebuttal testimony. ~ Al l questions to wi t-
nesses shall be submitted to the witness through the presiding
officer unless the presiding officer expressly permits the submi s -
sion of questions directly to a witness.
~j~ Rebuttal Evidence. The presiding officer next shall
al 1 ow proponents to offer add i t i anal evidence and test i many, which
shat l be confined to rebutting the evidence and testimony offered
by interested persons, opponents, and the city staff .
~k~ Raising Issues. An issue which may be the basis for an
appeal to a h i gher city hearings body or to the land Use Board
of Appeals shall be raised not 1 ater than the close of the record
at or fall owi ng the final evidentiary hearing on the application .
Such issues shall be raised with sufficient specificity so as to
afford the hearings body and participants i n the hearing an ade-
quate opportunity to respond to each issue.
~1 } Hol di n the Record 0 en. Unless the hearing i s continued,
if a party so requests prior to the claw of the initial evidentiary
hearing, the record shal 1 remain open for seven days or a 1 anger
periad of time specified by the presiding officer. During this
time, any person may submit documents or written testimony to
c1 ari fy, supp1 ement, or rebut evidence already i n the record. For
a periad thereafter of three days or a longer time specified by the
presiding officer, the applicant may rebut the evidence and written
testimony submitted during the open recard period. The record shall
then be closed. The hearings body sha11 disregard any new evidence
or other evidence that is not within the limitations of this sub-
paragraph.
gym} Cont i nuance,~Wof ,Hear„i ng. The presiding officer may con -
tinue the hearing for any reason deemed appropriate. Upon request
of a party, the presiding officer shall continue the hearing to a
specified date, time, and 1 ocat i on i f the applicant or any person
representing the applicant provides documentary or anal evidence in
support of the application at the public hearing or at any time
after notice of the hearing is provided, other than staff notes or
reports or excerpts thereof. The continuance shall be requested
i n writing prior to the hearing, or orally or i n writing at the
hearing prior to the close of the party's testimony. Whether con-
tinuance is requested prior to or at the hearing, the hearings
body, i n its discretion, may proceed with the hearing as scheduled.
I f the hearing proceeds as scheduled, the presiding officer has
discretion to 1 i mi t the subject of the continued public hearing to
facts and issues raised by the additional mattri a1 provided by the
applicant or the person supporting the application.
2.391 uasi -Judicial Heari n s - C1 osure and Deliberations. Subsequent
to rebuttal by the proponents, the presiding officer shall close
the hearing unless the hearing i s to be continued. I f the hearing i s closed
and the record is to be held open, then the presiding officer shall set a
time, date and place for deliberation. After the hearing and the record have
been closed, the hearings body shall deliberate on the matter heard. Duri n
the del i be ~ g
ration the body may consult w~ th the city staff and pose quests ons
Ordinance - l
for review, analysis, and response by the staff. The consultation and ques-
tioning sha11 nat constitute re-opening of the hearing. If the presiding
officer concludes, however, that new evidence has been presented during the
consultation or questioning, he or she shall , upon designation of the new
evidence permit the applicant and parties to respond briefly, present ev i -
dence, and raise issues with respect to the designated materi a1. The body
shall then continue its deliberation to a subsequent meeting at a speci f i ed
time and place, state its findings of fact and conclusions, ar state its
decision generally and request that staf f prepare proposed findings of fact
and conclusions. The staff may request proposed findings of fact and con-
clusions from any party. Except as above provided, no other person may sub-
mi t findings of fact and conclusions without request by the body. I f staf f
requests proposed findings of fact and cancl us i ons from a party, the hear-
ings body, before taking action, shal 1 circulate the proposed decision to
the parties for written comment. All actions taken by the body pursuant to
this section shall be made a part of the record.
2.398 uasi-Judicial Hearin s -Official Notice.
~ I } The hearings body may take official notice of the fol 1 owi rag:
~a} All facts which are judicially noticeable.
fib} All public records of the city,
~c} The charter, ordinances, resolutions, rules,
regulations, and official 1 y promulgated policies of the city.
~ 2 } Matters officially noticed need not be established by
evidence and may be considered by the hearings body in the determination
of the proposal.
2,399 Quasi-Judicial Hear,i,ng,s -Record ,,of Proceedings.
~ I } An adequate record of the hear~~~~ng~~ shat 1 be prepared i n accord-
ance with section 2, 001 ~ 1 I } of this code, as applicable. To assist i n the
preparation of the record, the proceedings may be stenographically or elec-
tronically recorded, but the record need not set forth evidence verbatim.
~ 2 } Where practicable, the presiding officer shal 1 cause al 1
presented physical and documentary evidence to be received and to be marked
to show the identity of the person offering the evidence and to indicate
whether i t i s presented on behal f of the proponent or an opponent, If evi -
dence is not capable of being incorporated in the record, it shall not be
included. All exhibits received into evidence shall be retained by the
hearing body for one year, at which time they may be released upon written
demand to the person identified thereon as having offered i t unl ess a need
for further retention is shown, The presiding officer may in his or her
discretion, subject only to a ma jori ty vote of the members of the hearing
body participating , refuse any evidence which , i n his or her judgment, i s
incompetent or irrelevant.
~3} Any member of the public shall have access to the record of
the proceedings at reasonable times and places. Members of the public shat 1
be entitled to make copies of the record at their own expense.
2.440 uasi-Judicial Hearin s -Amendment and Sus erasion of Rules. Any
rule of procedure not required by federal yr state law or the city
Ordinance - 8
charter may be amended or suspended at any hearing by majority vote of those
members of the hearings body present and voting.
Section 2 . Section 2.403 of the Eugene Code, 197 ~ , i s amended by add -
i ng definitions for "Adversely affected person" and "Party" i n al phabet i -
cal order therein, to provide:
2.403 Definitions. For purposes of sections 2.402 to 2.414, 9.488 to
9.491, and 9. fi08, the following terms and phrases mean:
Adversel affected arson. As used in connection with stand-
i ng to appeal a quas i -judicial 1 and use decision, "adversel y
affected person" means a property owner or occupant within sight
or sound of the property which is the subject of the land use deci-
sion or a person whose personal use and enjoyment of property owned
or occupied by that person will be directly affected by the land
use change at issue. "Adverse effect" does not include actual or
prospective economic loss from increased business competition
allowed by the land use change at issue.
Party. As used i n connection with aquasi -judicial or admi n-
istrati ve 1 and use hearing or decision or appeal , "party" means
the applicant or any person who has timely submitted written or
oral comments to the person or body adjudicating a land use appl i-
cation, request, or appeal.
Section 3. Subparagraphs (b)1., (b)2., (b)7., (c}, and (d) of Section
2.401 of the Eugene Code, 1911, are amended to pray i de
2.401 Historic landmark Desi nation -Criteria and Procedure. Hi stori c
landmarks shall be designated i n the fol 1 owi ng manner;
fib} Notice ubl is hearin and decision.
1. Within 60 days of initiation by the city or the re-
cei pt of a compl ate application, unless the owner of the prop-
erty agrees to a longer time period, the board shall conduct
a public hearing to consider the proposed hi stari c 1 andmark
designation. The notice of the hearing and procedures for the
conduct of the hearing shall conform with the requirements for
quasi-judicial hearings provided in sections 2.390 to 2.400 of
this code. At least 20 days prior to the hearing, the city
shall mai l a wri tten notice of the hearing and nature of the
application to the owner and occupants of the proposed h i stor-
i c 1 andmark, the applicant, and to owners and occupants of
property located within 300 feet of the perimeter of the pro-
posed 1 andmark. At 1 east ten days prior to the hearing, an
Ordinance - 9
announcement of the hearing and nature of the application
shall be published at least once i n the Re~i stet Guard news-
paper. "~~" `
2. Within 15 days of the c1 ose of the hearing and the
record, the board shall decide whether to designate the prop-
erty, structure, landscape feature, object or site as an his-
tori c 1 andmark. The board shal 1 not des i gnate a di stri ct,
ensemble or thematic group if mare than half of the owners of
privately-owned property i n the area sought to be designated
file written objections to the proposed designation. The de-
ci s i vn of the board shall be i n writing and contain findings
and conclusions on the integrity, historic significance, and
the conflicting use determinations set out bet ow. Any deci -
sion to designate shall include development standards as pro-
v~ ded ~ n .section 2.408 of this code. The board shall desi g-
nate the property, structure, 1 andscape feature, abject or
s~ to as an h~ story c 1 andmark i f i t finds that:
a. Des i gnat i an i s cans i stent with applicable his -
tori c preservation policies contained i n the Metropolitan
Area General P1 an and applicable adopted neighborhood
refinement plans, special area studies, and functional
plans. In the event of inconsistencies between these
plans or studies and the Metropo1 i tan Area General P1 an,
the 1 otter i s the prevai 1 i ng document;
b. The proposed historic 1 andmark has integrity of
location, design, setting, materials or workmanship;
c. The proposed historic landmark has historic
significance; and,
d. The value of preserving the property, structure,
.object or site as an historic 1 andmark outweighs the
value of using the property, structure, landscape feature,
object or site for the identified conflicting use, taking
into consideration the economic, social , environmental
and energy consequences of each alternative. If the
owner of,the proposed historic landmark supports the
designation there is a rebuttable presumption that the
value of preservation outweighs the value of using the
proposed historic 1 andmark far the identified conf 1 i ct i ng
use.
1. A not i ce of the board's decision shall be ma i 1 ed
within five days of the decision to the owner and occupants
of the proposed historic 1 andmark, the applicant, and persons
who ,have requested notification. Unless appealed, the board's
deco soon ~ s effective on the eleventh day after notice of the
decision is mailed.
~c} A eats. Within ten days of the date that notice of the
board's decision i s ma i 1 ed, the decision may be appealed to the
council by the owner, appl icant, a party, an adversely affected
person, or a person enti t1 ed to notice under subsection fib} I , of
this section. The appeal shat 1 be made by f i ] i ng a statement of
issues on appeal and other information on a form prescribed by the
city. The appeal shall be based on the record, shall state s eci -
P
ordinance - 10
f i cal l y how the board erred i n its dec i s i an or dec i s i onmaki ng and
shall be 1 i mi ted to the issues raised at the evidentiary hearing
that are set out i n the f i 1 ed statement of issues ,
~d ~ Action on appeals .
,~
~. Unless the applicant and appellant agree to a longer
time peri ad, the counci 1 shall hal d a publ i c hearing to al 1 ow
oral argument on an appeal within 60 days of its receipt . At
1 east ten days prior to the hearing, the city shat 1 mai 1
notice thereof to the applicant, appellant, owner, and persons
who requested notice of the board's decision or the appeal
hears ng .
Z. ,Unless the applicant and appel 1 ant agree to a 1 anger
time period, the council shall make a decision within 15 days
of the hearing. The council may, by order and findings and
cancl use ons there n, affirm, reverse, or modify i n who1 a or
in part, any decision ar determination of the beard, The
council shall reverse or modify the decision of the board if
it finds that the board failed to follow the procedures appli-
cabl a to the matter before i t i n a manner that prejudiced the
substantial rights of the appellant, made a decision not
supported by substantial evidence in the whole record or im-
properly construed the applicable law. Within five days of
the deci s~ on, note ce of the decision shall be mai 1 ed to the
applicant, owner, appel 1 ant, and persons why requested notice
of the council decision,
Section 4. Subparagraphs (cj, (e), (f), (g), and (h) of Section 2.409
of the Eugene Code, 1911, are amended tv provide;
Z , 409 Historic Pro ert Alteration -Criteria and Procedure, Unless
allowed by the standards imposed under section 2.408, no person may
alter an historic property unless an al terati an application has been ap roved
. p
under the s sects on and, ~ f requ~ red, a perms t has been obta~ ned from the
building division.
~c~ Nati ce, Within ten days after receipt of a compl ete
al terati on appl ~ cats on, the owner and occupants of the h i stori c
property and the owners and occupants of property 1 ocated wi th i n
100 feet of the perimeter of the subject property shall be noti -
f i ed by mai 1 that an alteration application has been f i 1 ed.
~ e} Notice , of decision , Within five days of the planning
director's dec~s~on, the city shall mail a notice of the decision
and of the vpportun i ty tv appeal to the board, the applicant, per-
sons who have requested notification, and persons entitled to
notice under subsection ~c} of this section.
. ~f ~ Effective date of decision. Unless appealed, the pl an-
n~ng director's decision is effective on the eleventh day after
notice of the decision i s mai 1 ed. Before proceeding with an al ter-
at i on, the property owner shal 1 obtain the bui 1 di ng permits re-
Ordinance - 11
quired by chapter 8 of this code.
fig} A eals. Within ten days of the date that notice of the
planning director's decision i s mailed, i t may be appealed to the
board by the owner, applicant, an adversely affected person, a
party, an individual board member, the board on its own motion, or
a person entitled to notice under subsection ~c} of this section .
The appeal shat 1 be on a form prescribed by the city and, except
when filed by the board or an individual board member, shall state
specifically how the planning director failed to properly evaluate
the alteration request application ar make a dec i s i on consistent
with applicable criteria.
~h} Actian on appeals.
Unless the applicant and appel 1 ant agree to a 1 anger
time. peri ad, the board shall hol d a publ i c evidentiary hearing
to al 1 ow oral argument and add i ti anal testimony an an appeal
within 45 days of i is receipt. The hearing notice and proce-
dures shall conform with the requirements for quasi -judicial
hearings provided in sections 2.390 to 2.440 of this code.
At 1 east 20 days prior to the hearing, the city shat 1 mai 1
notice thereof to the applicant, appellant, persons who re-
quested notice of the planning director's decision, or the
appeal hearing, and persons entitled to notice under subsec-
tion ~c} of this section.
2. Unless the applicant and appal 1 ant agree to a 1 anger
time period, the board shall approve, approve with conditions,
or deny an alteration request within ~ 5 days of the close of
the hearing and the record. The decision shall be in writing
and conta~ n f ~ nd~ ngs ,and cvncl us i ons an the alteration approv-
al cry tern a set out ~ n subsection ~d} of this section . The
board's action i s final , and must be agreed to by a ma jori ty
of the members present at the hearing. A tie board vote shall
shall result in affirming the decision of the planning direc-
tor. Within five days of the decision, notice of the decision
shal 1 be mai 1 ed to the applicant, appellant, and persons who
requested notification .
Section 5. Subparagraphs ~c}, ~e}, and ~f} of Section 2.410 of the
Eugene Code, 1971, are amended to provide;
2.410 Historic Pro erties -New Construction and Ma'or New landsca in ;
Criteria and Procedures . No person shall construct new construc-
tion projects or major new landscaping without first obtaining approva]
according to the procedures specified under this section .
.~c}, Notice, Within ten days after receipt of a complete
appl ~ cat ~ on, the owners and occupants of the historic property and
of property located within loo feet of the perimeter of the subject
property shal 1 be notified that an application has been f i 1 ed,
fie} Notice of decision. Within five days of the planning dir-
Ordinance ~ 12
actor's decision, the city shall ma i 1 a noti ce of the decision and
of the opportunity to appeal to the board, the applicant, persons
who have requested notification, and persons entitled to notice
under subsection ~ c } of this section .
~f } Effective date of the decision. Unless appealed, the
pl ann~ ng d~ rector's deco si on i s effective on the eleventh day after
notice of the decision is mailed. Before proceeding with the can-
struction,or landscaping, the property owner shall obtain the per-
m~ is requ~ red by chapter 8 of the s code.
Sect i an fi . Subsection ~ 4 } of Section 2.4 ~ 1 of the Eugene Code, 1911,
i s amended to provide:
2.411 Historic Pro art Mavi n and Demolition -Procedure and Criteria.
~4} Nati ce ub1 i c heari n and decision.
~a} Unless the applicant agrees to a longer time period, the
board shat 1 conduct a publ i c hearing within 60 days following re-
cei pt of a campl ate application. The notice of the hearing and
the procedures for the conduct of the hearing shall conform with
the requirements for quasi -judicial hearings provided i n secti ans
2.390 to 2.400 of this code. At ~ least 20 days prior to the hear-
i ng, the city shall post a noti ce su~ari zi ng the application and
stating the time and place of the hearing i n at 1 east three places
w~th~n 300 feet of the affected property and mail notice to the
owners and occupants of the historic property, the applicant, and
to the owners and occupants of property within 300 feet of the
perimeter of the affected property,
fib} Within 15 days following the close of the hearing and
the record, the board shall decide whether to approve or postpone
the moving or demolition application. The decision of the board
shall be i n writing and contain findings and cancl us i ons i f a
postponement is required. The board shall approve the appl ica-
t ~ on unless the board f ~ nds that a postponement wi 11 1 i kely resu1 t
i n preservation of the h i stari c property or retention of the his -
toric,property at its current site. A postponement shall be far
a maxi mum of 120 days from the t i me a comp1 ate application i s
f i 1 ed. The board may consider the following i n assessing the
likelihood of preservation or retention:
1. The state of repair of the historic property and the
financial and physical feasibility of rehabilitation, moving,
or leaving the property i n its current state or 1 ocat i on .
2. The effects of the moving upon the use and level op-
ment of the historic property.
3 . The marketabi 1 i ty of the property and the wi 11 i ng-
ness of the property owner to sell the property.
~c} The c~ ty shall mai 1 a notice of the board's decision
within five days of the decision to the owner and occupants of the
historic property, the applicant, and persons who have requested
not~f~cat~on.
Ord i n once - 13
Section 1. Section 2. ~Ofifi of the Eugene Cvde, I911, i s amended to pro-
vide:
2.~Ofifi Condominium Conversion -Permit Process.
~l} Application. No later than fi0 days after the filing of notice
of planned conversion, the developer or his ar her agent shall apply for a
permit on a form prescribed by the city manager and shat 1 submit as part of
this application the i nformati an and documents set forth below, together with
an application fee i n an amount set by the city. The applicant promptly
shall post a copy of the entire application in a conspicuous place in the
building or bu i 1 d i ngs to be converted ,
. ~2} Staff review. Within 3o days from the time of a completed
application the city shal 1 i ssue a staff report on the applicant's compliance
with conditions far apprava1 of the permit. The staff report shall be sent
to the applicant who shall have 1 days after receipt to submit additional
information or material . The applicant promptly shall past a copy of the
staf f report i n a consp i cuous p1 ace i n the building or buildings to be con -
verted,
~3} Permit approval. Within 14 days after the issuance of the
staff report the city manager shat 1 approve or deny the permit and wi thi n
five days of the decision shall nati fy the applicant of the decision i n wri t-
i ng . The applicant or developer promptly shal 1 notify each affected tenant
in writing of the decision of the city,manager,on the permit application.
In adds t~ on, the c~ ty manager sha11 may 1, by f ~ rst c1 ass mail , a noti ce of
the decision and of the opportunity to appeal to owners and occupants of
property 1 acated within X00 feet of the property on which the subject condo-
mi n i um i s located and to persons who have requested notification. Unless
appealed, the city manager's decision i s effective an the e1 eventh day after
notice of the decision is mailed.
~4} A eat of ermit decision.
~a} Within ten days of the date that notice of the permi t
decision i s mai 1 ed by the city manager, i t may be appealed to the
heari ngs off i ci a1 by the owner, appl i cant, a party, an adversel y
affected person, or a person entitled to notice from the city under
subsection ~5} of this section. Such appeal shall be instituted
by f i 1 i ng a noti ce of appeal on a form to be provided by the city.
~ b} Within 45 days of the notice of appeal , the heari ngs
of f ~ cer shat 1 conduct a publ i c eve denti ary hearing on the permi t
approval or disapproval action of the city manager. The hearing
notice and procedures shall conform with the requirements for
quasi-judicial hearings provided in sections 2.390 to 2,400 of this
code. At least 20 days prior to the hearing, the city shall mail.
notice thereof to the applicant, appel 1 ant, persons who requested
notice of the city manager's decision, and to persons entitled tv
notice from the city under subsection ~3} of this section.
~c} Such appeal shat 1 be 1 imi ted to the issues of whether
the applicant has satisfied the conditions and obl i gati ans of the
permit approval , whether approval or denial of the permit was an
abuse of discretion by the city managers and whether the i nforma-
tion supplied by the applicant in connection with the application
is true and correct.
ordinance - 14
~d } The ,decision of the hearings official on the permi t
approval or d ~ sapproval decision shall be given i n writing no
later than 15 days after the close of the hearing and record, and
such decision shall be f i na1. Within five days of the decision,
notice of the decision shall be mai 1 ed by first class mai 1 to the
applicant, appellant, and persons who requested notification of
the dec~s~on.
Section 8. Subparagraph ~h} of Section 4.083 of the Eugene Code, 1971,
i s amended to provide
.083 Noise Disturbance - S eci f i c P
~~,~. .~~.,.~~ ~_~~~_~_,..~,.rohibitions. Unless exempted by
_~.,.~
section 4.084~~~~~~~of th~~~s code, the ~fol1owing acts are declared to be
noise disturbances; however this enumeration shall not be deemed an exc1 usi ve
list of the violations of section 4.08a~2} of this code, nor shall the reci-
tati on of specific prohibitions below be deemed the exclusive and entire
1 i sti ng of unl awfu] noise disturbances for each subcategory.
~h} Pile drivers hammers lawnmowers etc, Operating any
p~ 1 e dry ver, steam shovel , pneumatic hammer, derrick, or steam or
e1 ectr~c hoist between the hours of 10 p.m. and 1 a.m. the fol 1 ow-
ing day or lawnmower between the hours of 9 p.m. and 1 a.m. the
fo11 owi ng day.
Section 9, Section 1. fi10 of the Eugene Code, 1911, i s amended to pra-
vide:
1.610 vacation of Un i m roved Easements and Undevel o ed Subdivision P1 ats .
~1} Ap 1~ica,ti0n. An application for vacation of unimproved ease-
ments or Undevel aped subd~ vi si on plats shall be submitted by the applicant,
together w~ th such related ~ nformati on as prescribed by the city, and accom-
pani ed by the fee established by the city manager as provided by section 2.00
of this code,
. ~ 2 } Notice. within ten days of receipt of a compl ete and accurate
appl ~ cats on, and at 1 east ten days before the p1 anni ng director makes a deci -
si on, the city shat 1 mai l a noti ce of the request to owners of property on
which the area sought to be vacated exists affected property owners}, and
affected agencies and uti 1 i ties.
~ } ~~~ ~ .
P ann i n d i,,,,,, ecta„r dec'„~W ~,
. r ,., soon.
~ a} Unl ess the applicant agrees to a 1 anger period, within 34
days of receipt of a complete and accurate application, the plan-
ni ng director shat 1 approve, condi ti anal ly approve, or deny a vaca-
t~ on, with f ~ nd~ ngs and conclusions thereon. The p1 ann i ng director
shall approve the application i f the affected property owner and
easement or plat holder consent to the vacation. Absent such con-
sent the vacation shat 1 be allowed i f cons i stent with the fol 1 ow-
i ng criteria:
Ordinance - 15
1. The subject area is not presently or in the future
needed for public services, facilities, or uti 1 i ti es;
2. Such public services, facilities or utilities can be
extended i n an orderly and efficient manner; and
3 , The vacation i s consistent with applicable transpor-
tation plans,
fib} Within five days of the planning director's decision, a
note ce of the dec ~ s ~ on sha] 1 be mailed to the applicant, affected
property owners, agencies, utilities, and other persons who have
requested a copy,
~c} If a vacation request requires re-examination of exist-
i ng standards or policies, the planning director may refer the
matter to the planning commission for a decision.
~4} Effective date. If acceptable to the applicant, affected
property owners, agencies, and uti 1 hies, a deci si on shall be effective when
approved. Otherwise, unless appealed, a decision is effective on the
eleventh day after not i ce of the decision i s mai 1 ed .
~ 5 } A~~ .
~a} Within,ten,days.of the date that notice of the planning
director's dec~s~on ~s mailed, it may be appealed to the hearings
official by the applicant, an affected property owner, agency,
ut i 1 i ty, or an adversely affected person . As used herein, "ad-
versel y affected person" has the meaning set forth i n section
9.015 of this code .
~b~ An appeal shall be on a form prescribed by the city and
shall state specifically how the planning director fai 1 ed to prop-
erly evaluate the proposed vacation or make a decision consistent
with required criteria.
. ~c~ Unless the applicant and appellant agree to a longer time
period, the hearings official shall hold a public evidentiary hear-
i ng on the appeal within 45 days from the date i t i s received . At
1 east 20 days prior to the hearing the city shall mai 1 notice
thereof to the applicant, appel 1 ant, and affected property owners,
agencies, utilities, and persons who requested notice of the plan-
n i ng director's decision and appeals hearing . The hearing notice
and procedures shat 1 conform with the requirements for quasi -
judicial hearings provided in sections 2.390 to 2,400 of this code.
~d~ Within 15 days of the cl ase of the hearing and record,
unless the applicant and appel 1 ant agree to a 1 owger time peri ad,
the hears ngs of f ~ c~ al shall render a deci s i on , Within five days
after a dec i s i on i s rendered, notice thereof shall be mai 1 ed to
the applicant, appellant, affected property owners, agencies,
ut ~ l ~ t~ es, and persons who have requested notification . The hear-
ings official's decision is final as of the date notice is mailed.
Section 10. Section 9.015 of the Eugene Code, 1911, i s amended by
deleting the definition of "Map" therefrom; amending the definitions of
"Area under development control , " "Development site, " "Hotel motel , motor
court, tourist court, " "Motel or tourist court, " "Owner, " "Partition land, "
Ordinance - 1~
"Plat," "Solar building 1 ine, ~ and "Sunchart" set forth therein; and adding
new definitions far "Adversely affected erson, ~ ~ Part i t i on l at "' "Part "
p P Ys
"Person entitled to notice," and Subdivision plat" in alphabetical order
therein, to provide:
9.0~ 5 Definitions . As used i n this chapter, unless the context requires
otherwise, the fa11 owi ng words and phrases mean:
A versel off _
_. fir,,,,,,,,,,, ected,,.,,,,.,person. As used in connection with stand-
. ing to appeal a quasi-judicial land use decision, "adversely
affected person" means a property owner or occupant within sight
ar sound of the property which is the subject of the land use deci -
s i on or a person whose personal use and enjoyment of property owned
or occupied by that person will be directly affected by the land
use change at issue. "Adverse effect" does not include actual or
prospective economic 1 ass from increased business compet i ti an
allowed by the 1 and use change at issue.
Area _under,,,,deve~ opment control . That tract of ]and wi thi n
single ownership currently oc~cupied~ by a lawful user together
with any cant i guous property i n which the owner or tenant of the
tract has a wri tten enforceable legal interest allowing present
or future primary possessory rights in that contiguous property
fie. g. , lease, opts on to purchase, 1 and sale contract, deed} . Also
see definition of "development site . "
Devel,opmen,t site. A tract of land under common ownership or
control , e~ then undivided or consisting of two or more Conti uous
g
lots of record. Far purposes of the Eugene sign code, a parcel
divided by a street or alley shal 1 be considered two development
sites . Also see definition of "area under development control . "
Hotel . A bui 1 di ng ar group of buildings used far transient
residential purposes containing six or mare guest rooms without
housekeeping fac~1 Mies and which are designed to be used, rented,
or hired out for sleeping purposes.
Motel or tourist court. A building or group of buildings used
for transient residential purposes containing six ar mare guest
rooms which are designed to be used, rented, or hired our for sleep-
i ng purposes. Guest rooms usually are accessible from an outdoor
parking area.
Owner. An individual, association, partnership, or corpora-
ti on having 1 egal or equitable title to 1 and other than 1 egal ti tl e
held only for purpose of security. For the purpose of notice, the
owner may be determined using the latest lane County assessment
roll.
Parti ti an land. Division of an area or tract of 1 and into
two or three parcels wi th i n a cal endar year when that area ar
tract of 1 and exists as a un i t or contiguous units of 1 and under
single ownership at the beginning of that year. "Parti~ti on 1 and"
does not include:
1. Divisions of land resulting from lien foreclosures;.
2. Di vi si ans of 1 and resulting from the creation of
Ordinance - 11
cemetery lots;
3. Adjustment of a lot ar parcel line by the
relocation of a common boundary where an addi ti anal parcel
or lot i s not created and where the existing parcel or 1 at
reduced i n size by the adjustment i s not i n conf 1 i ct
with any applicable 1 aw or ordinance, including but not
l ~ m~ ted to prove s ~ ons pertaining to minimum area, frontage,
average width and required setbacks;
4. Divisions of 1 and resulting from foreclosures of
recorded contracts for sale of real property;
5. The sale of a 1 of i n a recorded subdivision, even
though the 1 of may have been acquired by a s i ngi a owner with
other contiguous 1 ots or praperti es prior to the sale; and
6. A sal a or grant by a person to a publ i c agency or
publ ~c body for state highway, county road, city street or
other right of way purposes provided that such road or right
of way complies with the applicable comprehensive plan and
state law.
Partition p] at. A f i nal map and other writing containing al 1
the descriptions, 1 ocati ons, specifications, pravi s i ons and i nfor-
mation concerning a major or minor partition.
Part,. As used i n connection wi th a quasi - judi ci a1 or admi n-
istrati ve land use hearing ar decision or appeal , "party" means
the applicant or any person who has timely submitted written or
oral comments to the person or body ad judi cati ng a 1 and use appl i -
cation, request, or appeal.
Plat. A final subdivision plat, replat or partition plat,
Solar buildin line. Aline on a plat~or a map recorded with
the plat that identifies the location On a lot where shade cast by
bui 1 di ngs and non-exempt trees may not exceed two feet i n vertical
height see Solar Figure 10~ .
Subdivision ]at. A final map and other writing containing
all the descriptions, 1 ocati ons, specifications, dedications, pro-
visions and information concerning a subdivision.
,Sunchart. A photograph, or a scal ed drawing prepared or
cart ~ f ~ ed by a l ~ censed Or certified architect, landscape arch i -
tect, 1 and surveyor, engineer, planner or utility solar technician,
showy ng the pas ~ t~ ons of the sun during different hours of the day
and months of the year, and the southern skyline. A Sunchart uses
as coordinates a grid of the sun's altitude in 10 degree incre-
ments and solar azimuth in 15 degree increments.
Section 11. Section 9.011 of the Eugene Code, 1971, i s amended to pra-
vide;
9.011 Title. Sections 9.017 to 9.090 shall be known as the "Sand Division
and i Hance of the City of Eugene. "
Section 1 ~ . Section 9.030 of the Eugene Code, 1971, i s amended to pro-
Ordinance - 18
vide:
9.030 Minor and Major Partition _Tentati ye Pl an_ Procedure.
1 ~ Tent~at i ve Minor and Ma `or Part ~ t ~ on P1 ~~ ~~
~ } ` ' ~ ~~~~~ ~~an - A 1 icatian. An
application and related information prescribed by the city as required far
mi nor and major partition tentative p1 an approval shall be submitted by the
person propos ~ ng the tentat ~ ve plan, together wi th a f ee set by the city
manager as provided by section 2 , v20 of this code .
~2} Tentative Minor and Major Partition Plan - Review b Other
De artments and A encies. Within five days after a complete and accurate
tentative part i ti an p1 an application i s received, copies shat 1 be distributed
to appropriate agencies and departments for review, comments and recommenda-
tions. If a written response or extension request is not received within
~5 days, the proposal shall be assumed to be acceptable as submitted.
~3} Tentative Major Partition Plan -Notice to Other Pro erties.
Within ten days of receipt of a comp1 ete and accurate application but no 1 es s
than ten days before the planning director makes a decision, notice of the
major partition request shall be mai 1 ed to owners and occupants of property
1 ocated within X00 feet of the perimeter of the subject property.
~4} Tentative Minor and Ma'ar Partition Plan - Plannin Director
Decision. Unless the applicant agrees to a 1 anger time period, the planning
d ~ rector shal 1 approve, cond ~ t ~ anal l y approve, or deny a tentat i ve partition
plan application with findings and conclusions thereon, within 30 days of re-
ce i pt of a compl ete and accurate app1 i cat i on . The planning director's dec i -
s ~ on shall be based on the fol l owe ng criteria:
~a} In the case of a major or minor partition, that the pro-
posed partition wi 11 comply with all applicable platting standards
of this chapter.
fib} In the case of a major partition, that:
1. Approval does not impede the future best use of the
remainder of the property under the same ownership or adverse-
ly affect the safe and healthful development of the remainder
or any adjoining land or access thereto;
Z. The proposed partition wi 11 be consistent with appl i -
cabl a adopted plans,
3 . The proposed partition wi 1 ] not cause unreasonabl e
street cangesti on, risk of fire, fl and, geol ag i cal hazards,
pollution, or similar dangers, hamper adequate provision for
transportation, water supply, sewage di spasal , drainage, edu-
cat i on, recreation, and other pub1 i c services and foci 1 i t i es
or result i n inadequate 1 fight and air or overcrowding of 1 and.
4. Streets and roads are 1 ai d out so as to conform to
the plats of subdivisions and major partitions already approv-
ed for adjoining property as to width, general direction, and
i n all other respects, unless the planning director deter-
mines it is in the public interest to modify the street or
road pattern .
~ 5 } Tentative Minor and Ma ' or Partition P1 an -Notice of Decision .
Within five days after the planning director renders a deci si on, the city
shat 1 mai 1 notice of the decision to the applicant, persons who have request-
ed notification, and persons who were entitled to receive notice of the
applicant's request under subsection ~3} of this section. The notice shat l
Ordinance - 19
summarize the decision and inform of the opportunity to appeal the decision
in the manner provided in subsection ~1} of this section.
~ fi } Tentative Minor and Ma 'or Partition Plan -Effective Date and
Expiration. Unless appealed, the planning director's decision is effective
on the eleventh day after notice of the decision i s mai 1 ed under subsection
~ 5 } of this section . The app1 i cant may then proceed with final surveying
and preparation far approval consideration of the minor or major partition
plat. Tentative plan approval shall be effective for one year, within which
time the application and minor or major partition plat must be submitted.
Otherwise, the entire procedure must be repeated for consideration in 1 fight
of changed condi ti ans that may exist.
~ 1 } Tentative Minor and Ma 'or Partition P1 an - A eal to the Hear-
i ng.s Official .
~a} Within ten days of the date that notice of the planning
director's deci si an i s mai 1 ed, i t may be appealed to the hearings
official by the app1 i cant, a party, an adversely affected person,
or a person entitled to notice under subsection ~3 } of this section .
fib} An appeal shat 1 be an a ci ty form and state specifically
how the planning director fai 1 ed to properly evaluate the proposal
or make a decision consistent with applicable criteria.
~c} Unless the applicant and appellant agree to a 1 anger per-
i od, the hearings official shat 1 hol d a publ i c evidentiary hearing
on an appeal within 45 days of submittal . At 1 east 20 days before
the hearing, notice thereof shall be mailed to the applicant,
appel 1 ant, and persons who requested notice of the planning di rec-
tor's decision.
~d} Within 15 days of the hearing, unless the applicant and
appellant agree to a longer period, the hearings official shall
make a deci s i on and within five days thereafter mai 1 a noti ce of
the decision to the applicant, appel 1 ant, and persons who have re-
quested notification. The hearings official's decision is final.
Section 13. Section 9.033 i s hereby added to the Eugene Code, 1911, to
provide;
9.033 M%nor and Major Partition P1 at Procedure.
~~1 M ~ nor and Ma ~~~or ~ Part ~ t i on~~.~~,~,~..,...,...
~ } ~ ~ ' ' ~ Plat - A 1 ication. An appl ica
t i on and related i of ormat i an prescribed by the city as required far minor or
major partition plat approval shat 1 be submitted by the person proposing the
minor or major partition, together with the fee established by the city mana-
ger as provided by section 2 , 020 of this code .
~2~ Minor and Major Partition P1 at - Revi ew b Other De artments
and Agencies . Within five days after a compl ete and accurate partition
application i s submitted, copies shal 1 be distributed to appropriate agencies
and departments for review, comments, and recommendations . 1 f a wri tten
response or extension request is not received within 15 days, the proposal
shal 1 be assumed to be acceptable as submitted.
~3} Minor and Major Partition Plat - P1 annin Director Decision.
~ a} Unless the applicant agrees to a 1 anger time period, the
planning director shat 1 approve, conditionally approve, or deny a
Ordinance - 20
mi nar or ma jar partition plat within 30 days of receipt of a com-
pl ete and accurate application, with findings and conclusions
thereon. The planning director's decision shall be based an the
following criteria:
1. The plat i s i n substanti a1 conformity with the provi -
sions of the tentative plan for the minor or major parti t i an,
as approved.
2. Streets, roads, and alleys for public use are deli -
cated without any reservation or restriction other than rever-
sionary rights upon vacation.
3. Either:
a. Improvements as required by this code or as a
condition of tentative p1 an approval have been comp1 eted;
or
b. ~A performance agreement bond} or suitable sub-
sti tute as agreed upon by the city and applicant has
been filed with the finance officer in a sufficient
amount to assure the completion of all required impr~ve-
ments; or
c. A petition for improvements and for the assess-
ment of the real property for the improvements has been
properly executed by the applicant who i s seeking the
partition and the petition has been accepted by the city
engineer.
4. Public assessments, 1 i ens, and fees with respect to
the partition have been paid, or a segregation of assessments
and liens has been app1 ied for and granted by the city council
or the city finance officer, or an adequate guarantee has been
provided assuring the 1 i ens, assessments and fees wi 11 be poi d
prior to recordation.
fib} Except as provided for variances, approval does not re-
f ieve the applicant from other applicable provisions of this code
or state law.
~4} Minor and Ma'or Partition Plat - Acknowled in Decisions.
Mi nar and major partition approvals shall be noted on the final plat with
the signature of the planning director and the effective date of approval.
The planning director shall mai 1 nati ce of the decision to the applicant
within five days after it is rendered.
~ 5 } Ex i rat i on of Minor and Ma ' or Partition P1 at A royals . I f
approval conditions are not f ul f i 11 ed and the plat recorded i n the office of
the lane County Recorder within one year, approval expires and a new appl i ca-
t ~ an must be subm~ tted for recons i derati an .
~ fi } Proses s i n and Deliver of the A roved Minor or Ma ' or Part i -
ti on P1 at to the Count Recorder and Ci t . Fol 1 owi ng approval by the pl an-
ning director:
~a} The staff shall obtain on the approved partition plat
the signature of the city surveyor, whose signature shall certify
that the platting 1 aws of this state and the requirements of th i s
code have been met.
fib} The city shall deliver the approved partition plat to
the of f ~ ce of the Lane County Recorder, and notify the part i t i oner
that the approved partition plat has been delivered to the office
of the lane County Recorder and may be recorded.
Ordinance - 21
.. 4c} In addition to requirements of state law pertaining to
f ~ 1 ~ ng and record ~ ng of approved partition plats, within five days
of recordation, the parti ti oner shall furnish the city surveyor
wi th a true, reproducible copy thereof, composed of the same mater-
i al as required by the county surveyor, or i f not so required, of
the same material and specifications as required by the city sur-
veyor.
Section 14. Section 9.035 of the Eugene Code, 1911, is amended to pro-
vide:
9.035 Subdivision Tentative Plan Procedure.
1 Tentat ~ ve Subd ~ v ~ s i on Plan A 1
~ } ~ ~„~,,,,,,.,,.,. ~ ~ ,., - PA„~,„i,cation. An application and
related information pres~cri bed by the city as required Rfor subdivision tenta-
ti ve plan approval shall be submitted by the person proposing the tentative
plan, together with a fee set by the city manager as provided by section
2.020 of this code.
~2} Tentative Subdivision Plan - Revi ew b Other De artments and
A encies. Within five days after a complete and accurate tentative plan
application i s received, copies shat 1 be distributed to appropriate agencies
and departments for review, comments, and recommendations. If a written res-
ponse or extension request i s not received within 15 days, the proposal shal 1
be assumed to be acceptable as submitted.
~3} Tentative Subdivision Plan -Notice to Other Pro ernes. With-
i n ten days of receipt of a compl ete and accurate application but no 1 ess
than ten days before the planning director makes a deci lion, notice of the
request shal 1 be mai 1 ed to owners and occupants of property 1 orated wi th i n
100 feet of the perimeter of the subject property.
~4} Tentative Subdivision Plan - Plannin Director Decision.
Unless the applicant agrees to a 1 anger time period, the planning director
shall approve, conditionally approve, or deny a tentative plan application
w~ th f ~ nd~ ngs and conclusions thereon, within 30 days of receipt of a com-
pl ete and accurate application. The planning director's deci si an shal 1 be
based on the following criteria:
~a} The proposed subdivision wi 11 comply with al 1 appl i cabl e
platting standards of this chapter.
fib} Approval does not impede the future best use of the
remainder of the property under the same ownership or adversely
affect the safe and healthful development of the remainder or any
adjoining 1 and or access thereto.
~c} The proposed subdivision wi 11 be consistent with app1 i -
cable adopted plans.
~d} The proposed subdivision wi 11 not cause unreasonabal e
street congestion, risk of fire, f 1 ood, gaol og i cal hazards, pal 1 u-
tion, or similar dangers, hamper adequate provision for transpor-
tation, water supply, sewage disposal, drainage, education, recre-
ati on, and other public servo ces and foci 1 i t i es, or result i n i n-
adequate 1 i ght and air or overcrowding of 1 and .
fie} Streets and roads are laid out so as to conform to the
plats of subdivisions and major partitions already approved for ad-
Ordinance - 22
joining property as to width, general direction, and in all other
respects, unless the planning director determines it is in the
public interest to modify the street or road pattern.
~5} Tentative Subdivision Plan -Notice of Decision. Within five
days after the planning director renders a decision, the city shall mail
notice of the decision to the applicant, to persons who have requested not i -
f i cat i on, and persons who were entitled to receive notice of the applicant's
request under subsection ~3} of this section. The notice shall summarize
the decision and inform of the opportunity to appeal the decision in the
manner provided i n subsecti an ~1} of this section.
~fi} Tentative Subdivision P1 an -Effective Date and Ex i rati on.
Unless appealed, the planning director's decision i s effective on the 11th
day after notice of the decision is mailed under subsection ~5} of this sec-
tion. The applicant may then proceed with final surveying and preparation
for final approval cansiderati on of the subdivision plat. Tentative plan
approval shall be effective for one year, within which time the application
and subdivision plat must be submitted. Otherwise, the entire procedure
must be repeated for consideration in light of changed conditions that may
exist.
~1} Tentative Subdivision Plan - A eal to the Hearin s Official.
~ a} Within ten days of the date that notice of the p1 ann i ng
director's decision i s mailed, i t may be appealed to the hearings
official by the appl i cant, a party, an adversely affected person,
or a person entitled to notice under subsection ~3} of this sec-
tion.
fib} An appeal shall be on a city farm and shat 1 state sped -
fically how the planning director failed to properly evaluate the
proposal ar make a decision consistent with applicable criteria.
~c} Unless the applicant and appellant agree to a l onger
period, the hearings of f i c i a1 shall hol d a publ i c evidentiary hear-
ing on an appeal within 45 days of submittal. At least 2D days
before the hearing, the city shall mai 1 notice thereof to the appl i -
cant, appellant, and persons who requested notice of the planning
director's dec i s i an .
~d} Within 15 days of the hearing, unless the applicant and
appellant agree to a longer period, the hearings official shall
make a deci s i on and within five days thereafter mai 1 a noti ce of
the decision to the applicant, appe1 l ant, and persons who have re-
quested notification. The hearings official's decision is final.
Sect i an 15 . Section 9.040 of the Eugene Code, 1911, i s amended to pro -
vide:
9.04D Subdivision Plat Procedure.
~I} Subdivision Plat - A 1 ication. An application and related
information prescribed by the city as required far subdivision plat approval
shall be submitted by the person proposing the subdivision, together with
the fee established by the city manager as provided by section 2.020 of thi s
Cade.
Ordinance - 23
~ 2 } Subdivision P1 at - Rev i ew b other De artments and A enc i es .
Within five days after a complete and accurate subdivision application is
submitted, copies shat 1 be distributed to appropriate agencies and depart-
ments far review, co~nents, and recommendations. If a written response or
extensi an request i s not received within 15 days, the proposal shall be
assumed to be acceptable as submitted.
~3 } Subdivision P1 at - Pl ann i n Director Decision .
~a} Un1 ess the applicant agrees to a 1 anger time period, the
planning director shall approve, cond i t i anal l y approve, or deny a
subdivision plat within 30 days of receipt of a compl ete and accur-
ate application, with ,findings and conclusions thereon . The plan -
n~ ng d~ rector's deco s~ on shall be based an the fal 1 owi ng criteria:
1. The plat i s i n substantial conformity with the pro-
vi si ons of the tentative p1 an far the subdivision as approved.
~. Streets, roads, and alleys for public use are deli -
cated without any reservation or restriction other than rever-
sionary rights upon vacation.
3. Either:
a. Improvements as required by the code or as a con-
di ti on of tentative p1 an approval have been completed; or
b. A performance agreement bond} or suitable sub-
sti tute as agreed upon by the city and applicant has
been f i 1 ed with the finance officer i n sufficient amount
to assure the completion of all required improvements;
or
c. A petition for improvements and for the assess-
ment of the real property for the improvements has been
properly executed by the applicant who i s seeking the
subdivision and the petition has been accepted by the
city engineer.
4. Taxes, as wel 1 as public 1 fens, assessments, and fees
with respect to the subdivision have been paid, or an adequate
guarantee has been provided assuring the taxes, 1 fens, assess-
ments, and fees will be paid prior to recordation.
fib} Except as provided for variances, approval does not re-
f ieve the applicant from other applicable provisions of this code
or state law.
~4} Subdivision Plat - Acknowled in Decisions. Subdivision
approvals shall be noted on the plat with the signature of the planning
director and the effective date of approval. The planning director shall
mai 1 notice of the decision to the applicant within five days after i t i s
rendered .
~ 5} Ex i rat i on of Subd i v i s i on A royal s. I f approval condition s
are not ful f ~ 11 ed and the plat recorded by the subdivider i n the office of
the,lane County Recorder within one year, approval expires and a new appli-
cat ~ on must be subm~ tted for reconsideration .
~ 6 } Proces s i n and Deliver of the A roved Subdivision P1 at to
the Count Recorder. Fallowing approval by the planning director, the staf f
shall:
~ a} 4btai n on the approved subdivision plat the signature of
the city surveyor, whose signature shat 1 certify that the platting
1 aws of this state and the requirements of this code have been met;
~ b} Obtain on the approved subdivision p1 at the signature of
Ordinance - Z4
the county assessor, whose signature shal 1 certify that al 1 taxes
on the property have been paid;
~c} ,obtain the signature on the approved subdivision plat
of a ma~or~ty of the board of county commissioners whose signatures
shall cert~ fy that the plat ~ s approved by them;
~d} Deliver the approved subdivision plat to the office of
the Lane County Recorder; and
fie} Notify the subdivider that the approved subdivision
plat has been delivered to the office of the lane County Recorder
and may be recorded.
~1} Deliver of Recorded Subdivision P1 ats to the Cit . In addi -
ti an to requirements of state 1 aw pertaining to f i 1 i ng and recording of
approved subdivision plats, within five days of recordation, the subdivider
shall furnish the city surveyor wi th a true reproducible copy thereof, com-
posed of the same material as required by the county surveyor, or i f not so
required, of the same material and specifications as required by the city
surveyor.
Section lfi. The caption for Section 9.045 of the Eugene Code, 1971, is
amended to provide
9.045 P~,.atti ng Standaards -Streets and Roads .
Section 11. The caption, and Subsection ~1} of Section 9.050 of the
Eugene Code, 1911, are amended to provide:
9.050 P1 att i n Standards - Al 1 e s .
~ 1 } Dedication . The planning or public works director may require
adequate and proper al 1 eys to be dedicated to the public by the 1 and divider
of such design and in such location as necessary to provide for the access
needs of the subdivision or partition in accordance with the purpose of sec-
tion 9.020.
Section 18. The caption, and Subsection ~3} of Section 9.055 of the
Eugene Code, 19T 1, are amended to provide:
9.055 Plattin Standards -Blocks.
~3} Easement~srr~for ~Utl ities. Dedication of easements for storm
water sewers, and for access thereto far maintenance, in order to safeguard
the ,public against fl and damage and the accumulation of surface water, and
ded~cat~on of easements for sanitary sewers, and for access thereto for
maintenance, and dedication of easements for other public uti 1 i ti es, may be
required of the land divider at sufficient widths for their intended uses,
by the planning or public works director along 1 of or parcel rear 1 i nes or
Ordinance - 25
side 1 Ines, or elsewhere as necessary to provide needed faci] ities for pre-
sent or future development of the area i n accordance with the purpose of sec-
ti on 9.020. Before a parti ti on or subdivision can be approved, there shat 1
appear thereon a restri ction providing that no building, structure, tree,
shrubbery or other obstruct i on shall be placed ar located on or i n a publ i c
utility easement.
Section 19. The caption Of Section 9.060 of the Eugene Code, 1911 i s
amended ; Section 9.095 of that Code i s repealed, with some of its provision s
amended and added as a new subparagraph ~f} to Section 9.060; the present
subparagraphs ~f } , fig} , ~h} , and ~ i } of Section 9.060 are rel ettered fig} ,
~h}, ~i}, and ~j} respectively, and the new subparagraphs ~h} and ~j}2. and
~j}3.c.~2} and ~j}6. are amended tv provide:
9.064 Pl atti n Standards -Lots and Parcels. Al 1 1 ots and parcels shat 1
comply with the fol 1 awing requirements. In this section "1 ots" and
"parcels" are used interchangeably. I~hen mare restrictive, related prov i -
si ons i n the zoning ordinance apply.
~ f } Panhandle Lots. The planning director may authorize ex-
ceptions from frontage requirements for panhandle lots, provided
that the fol 1 vwi ng standards, applicable to all panhandle lots,
are met .
Nate: variance provisions are not avai 1 abl a for departure
from the following minimum standards for panhandle 1 ots
1. All rear 1 ots and parcels must be at 1 east 6, 400
square feet, exclusive of the panhandle;
2. A11 front 1 ots and parcels must be at 1 east 4, 500
square feet;
3. Minimum panhandle width shall be as fal 1 ows,
whether 4r not the panhandle i s used for access:
One rear lot or parcel ............ 15 feet
Two or more rear lots or parcels ....... 25 feet
4. Unless the creation of the panhandle 1 of would be
precluded or unless one of the Sal ar Design Standard exemp-
t i ons or adjustments i n section 9.Ofi0 applies, the north- south
lot dimension of both new parcels must comply with the Solar
Design Standards prescriptive approach set forth i n section
9.Ofi0.
5. Minimum access paving width of the panhandle or
abutting driveway used far access shall be as follows:
One rear lot or parcel ............ 12 feet
Two or more rear lots or parcels ....... 20 feet*
~*To preserve existing natural features, paving width
may be reduced to 11-1/2 feet, except far the first 25
feet back from the sidewalk, with the traffic engineer' s
Ordinance - 26
approval , i f both sides of the driveway are 1 andscaped
i n accordance wi th a 1 andscape plan . }
6, A maximum of four rear lots or parcels may be
assigned to a s i ngl a panhandle.
1. Automobi 1 e access from public streets to rear 1 ots
or parcels may be obtained i n one of three ways
a. Vi a a panhand1 a driveway,
b. Via an abutting property's driveway,
c. Via an existing alley.
8. Driveways which may or may not be the panhandles
and parking areas shat 1 be constructed of at 1 east four inch
thick Portland Cement concrete, or 2-I/~ inch compacted
asphaltic concrete mix on six inches of 3/4 minus compacted
crushed rock base, or an approved equal.
9. Base placement of driveways and parking areas shat l
be approved by the city prior to final surfacing.
10. If an abutting property's access drive i s used:
a. An access easement-maintenance agreement i s re-
quired. It shall be recorded in the lane County office
of Deeds and Records, and
b. There shall be adequate room elsewhere on the
abutting property to meet off-street parking require-
ments for that property,
11. When the panhandle i s used for access and the abut-
ting property owner requests a visual buffer at the time of
1 and division review, that buffer shal i consist of the
f o 11 ow i ng.:
a. A minimum five foot high site-obscuring fence
or wall, or
b. landscaping that will be five feet high and
159Q site-obscuring within five years.
12 . I f acces s i s provided via an existing unimproved
al l ey, a peti ti on for improvement i s required. The alley must
be able to provide automobi 1 e and emergency vehicle access to
a publ i c street .
13. Whether or not the panhandle i s used for access, i t
shall remain free of structures and be avai 1 ab1 a for possi bl e
future access to a public street.
14. Each rear 1 of or parcel shall have four parking
spaces only two may be enclosed with sufficient turn-around
area to eliminate the necessity for a vehicle to back out
onto the street. The four spaces shall not be located in the
panhandle portion of driveways.
15. The building official shall not issue a certificate
of occupancy until the project is completed in accordance
with appraval conditions and the Eugene Code, I971. It may
be issued prior to completion i f Buff i ci ent funds to complete
the project are placed ~n escrow with a bank, savings and
1 oan assaci ati on, or escrow company.
~h} Sui tabi 1 i ty, „for Intended Use, All 1 ots and parcels shal 1
be su i tabl a ~f or the purpose for which they are intended to be used .
No 1 of or parcel shall be of such size or design as to be detri men-
tal to the health, safety or sanitary needs of the residents of
ordinance - ~7
the subdivision or partition, or of such 1 of ar parcel , as deter-
mi ned by the planning director i n accordance with the purpose i n
section 9.020 of this code.
~ j } Solar Des i n Standards.
2 . Appl i cabi 1 i t . The Solar Design Standards set out
i n this subsecti an shall apply to applications to create lots
in the RA, R-1, R-2, R-3, R-4 and C-1 zoning districts. Lots
complying with this standard must be identified as such on
the final plat .
3. Design standard. At 1 east 80 percent of the 1 ats i n
a level opment subject to this code shall comply with one or
more of the options in this subsection.
c. Performance apti on. A 1 of complies with thi s
subsection i f : ~~~ ~~~~~~~~~~~~~
~2} The solar setback requirements for each lot
i s recorded directly on the final plat i n the
manner prescribed by the city manager or his or her
designee.
6. yegetation,,,~,,,removal'. No more than 4o percent of the
bui 1 dabl a area of ~~~ each sal ar 1 of may be shaded by the mature
height of existing non-solar friendly vegetation measured by
the shade cast at noon on December 21, whether such vegeta-
ti on i s 1 ocated on or off the 1 ot. Selective removal of
vegetation ten feet or less in height prior to final land divi-
sion is required to meet this standard.
Section 20. Section 9.Ofi5 of the Eugene Code, 1911, i s amended to pro-
vide:
9. Dfi5 Pl atti n Standards - Drai na e. Where 1 and i n the subdivision or
partition is or will be periodically subject to accumulations of
surface water or is traversed by any water course, channel, stream, or creek,
the planning or public works director may require the applicant to provide
for adequate unrestricted drainage over drainage land by dedicating to the
public easements therefore approved by the planning and public works di rec-
tors as adequate for the drainage needs of the area, or, where necessary in
the judgment of the planning or public works director for protection of such
needs, by conveying ownership of such drainage land for drainagae purposes
to the city or to an incorporated drainage district or domestic water supply
district within which such 1 and may be 1 ocated,
Section 21. Section 9. D7o of the Eugene Code, 1911, i s amended t0 pr0-
vide:
Qrdinance - 28
9. D10 Al att ng_ Standards -Rai 1 roads .
~ 1 } Cross i n s~~~~~~~~~~~~~~~~~5peci al~ requirements may be imposed by the pl an-
n i ng or public works director, i nc1 udi ng but not limited to provisions far
separation of street and rai 1 road grades, i n connection with any rai 1 road
crossing which wall irmnediately affect the safety of the residents Of the
subdivision or partition, for the protection of such residents and the safety
of the general public in accordance with the purpose of section 9.02D of this
code.
~2} Subdivision or Partition Ad 'scent to Ri ht-of-wa . Where
the subdivision or partition is adjacent to a railroad right-of-way, and the
surrounding econami c and physical conditions indicate such property wi 11 be
used for i ndustri a1 purposes i n the normal growth of the cormnun i ty, al l
streets shall be 1 orated at a suff ici ent distance from said right-of -way to
allow for reasonable sites for industrial use adjacent to said. right-of-way.
Section 22. Sections 9.015 and 9.080 of the Eugene Code, 1971, are
amended to provide
9.075 Platting Standards - Parti,,,al Development. where the subdi vi si an
or parti ti on ~~~ ncl odes onl~y~~~part of the area owned by the applicant,
the planning or public works director may require a sketch of a tentative
1 ayout of streets i n the remainder of said ownership.
9.080 Pl atti n Standards -Unsuitable Areas . Areas subject to slippage,
flooding, or other natural hazards shall not be divided i n a
manner that would be dangerous to the health and safety of those who would
live in said areas, or the general public.
Section 23. Subsection ~5} of Section 9.085 of the Eugene Code, 1971,
is amended to provide:
9.085 improvements -, Specifications.
5 ~ Improvements~.~- rSewage . ~~A11 1 ots and parcels within s ubd i v i -
sions and partitions sha~~l~l~~~~ where practicable, as determined by the planning
and public works directors, i n accordance with the purpose of section 9.020,
be served by the sewage system of the city.
Section 24. Section 9.D90 of the Eugene Cade, 1911, is amended to pro-
vide;
9.090 Variance Provisions.
~ 1 } Rel ati onshi p,~,Wto other., Provisions. when the pravi s i ons i n
section 9.090 conflict with or are~mvre stringent than those in sections
Ordinance - 29
9.030 or 9.035, section 9.090 provisions apply.
~ 2 } Appi i cat ~' o_n_.
. ~a} Time.for,Submittin. A lication. When submitting a par-
t ~ t ~ on or subd i v~ s ~ on tentative plan for consideration and approval ,
a ,person may also submit an application far a vari ance to provi -
s ~ ons of sect ~ ons 9.030 to 9.085 of th ~ s code .
fib} Contents of A,p,pl ication. An app1 ication and rei aced in-
formation prescribed by the city as required for approval of a
vari ance shat 1 be submitted by the applicant, together wi th a fee
set by the city manager as provided by section 2.020 of this code.
The application shal 1 cite the provisions from which the vari ance
i s requested and shall include statements of fact showing that the
vari ance i s warranted based on required approval criteria,
. ~3} ,Nam,. Within ten days after a complete and accurate appli-
cat~ on ~ s subm~ tted but no less than ten days before the planning director
makes a deci si on, notice of the request shall be mailed to the owners and
occupants of property located within 100 feet of the perimeter of the subject
property. The notice shall describe the nature of the variance request.
~4} Planning Director Dec„sion.
Via} Unless ~t~he appl~~~cant agrees to a 1 onger time period,
within 30 days of receipt of a camel ete and accurate appl i cati vn,
the planning director shall approve, conditionally approve, or
deny a vari ance request, with findings and conclusions thereon .
The planning director's decision shall be based on the fallowing
cry tern a:
1. The provisions}, if strictly applied, would cause
unique and unnecessary hardship to the applicant in subdi-
viding or partitioning the subject area.
2. When the application is for a variance from the pro-
visions in section 9.045 to 9.085, unusual topographic condi-
tions or previous layout of the partition or subdivision or
neighboring area reasonably require the variance, and the
vari ance wi 11 not be substantially injurious to the best use
and value of property i n the neighboring area.
3. When the application i s for a vari ance from provi -
sions in sections 9.030 or 9.035, the purpose of those pro-
vi s ions has been ful f i 11 ed wi thout a stri ct app1 i cati an
thereof ,
fib} Within five days after the planning director renders a
decision, the city shat l mai 1 notice of the decision to the appl i -
cant, persons who have requested notification, and persons who
were entitled to receive notice of the applicant's request under
subsection ~3} of this section. The notice shall summarize the
decision and inform of the opportunity to appeal the decision i n
the manner provided i n subsection ~ 6 } of this section .
~5} Effective Date. Unless appeal ed, a vari ance decision i s
effective on the eleventh day after notice of the decision i s mai 1 ed under
subsection ~4} of this section.
~5} Appeal . The provisions for appeal of vari ance decisions
shall be as set forth in section 9.0301} or 9,0351} of this codes which-
ever i s applicable.
Ordinance - 30
Section 25. Section 9.100 of the Eugene Code, 1911, i s repealed .
Section 26, Subsections ~3} and ~4} of Section 9.122 of the Eugene
Code, 1911, are amended to provide ;
9.122 Metro Plan - Prel imi nor Review of Pri vatel -Initiated Amendment.
~3} Classification of Plan amendment. Within five days after the
f i 1 i ng , of a compl ete application for a Metrapol i tan P1 an amendment, the plan -
n ~ ng d ~ rector shall determi ne ~ f the requested amendment i s a ma jor plan
amendment, a mi nor plan amendment or a pl an update amendment and i f the re-
quested amendment i s quasi -judicial or 1 egi sl ati ve i n nature. The determi na-
ti on of the planning director shal 1 be i n writing and shall be mailed to the
apps i cant within five days of the decision . Unless appealed, the decision
i s final on the 11th day after notice of the deci s i an i s mai 1 ed.
~4} A eal of classification determination. An applicant may
appeal a classification decision of the planning director by filing a com-
pl eted appeal form with the city within ten days of the date the notice of
the decision i s mai 1 ed. The appeal shall be heard by the Metropolitan Policy
Committee within 20 days of the time the appeal i s f i 1 ed . The Metropolitan
Policy Committee shat l allow the applicant and the planning director the
opportunity to present oral and written arguments on the appeal . The com-
mi ttee shat 1 render a deci si on on the appeal within 30 days of the time the
appeal i s filed. The decision of the committee i s final .
Section 21. Sections 9.143, 9.144, 9.145, 9.146, 9.147, 9.148, 9.150,
9.154, 9.156, 9.158, 9.160, 9.162, and 9.164 of the Eugene Code, 1971, are
amended to provide:
9.143 Refinement Plan -Notice of Hearing on Initiated Amendments.
. ~ 1 } . At 1 east , 20 days before the planning commission public hear-
~ ng on an ~ n~ t~ ated ref ~ nement plan amendment, notice of the request and the
date of the public hearing shall be mai 1 ed to:
~ a} The applicant .
~ b} Affected neighborhood group ~ s } and any affected city
boards and commissions,
~c} Owners and occupants of properties that are the subject
of a proposed amendment to a land Use Diagram, and to owners and
occupants of property located within 400 feet of the perimeter of
the subject property,
~d } The Lane County and City of Springfield planning
directors . -
. ~2} At least ten,days prior tv the planning commission public
hears ng, at 1 east three not ~ ces of the nature of any proposed amendments to
a land Use Diagram shall be posted within 400 feet of the subject property.
~3} At least ten days prior to the planning commission public
Ordinance - 31
hearing, notice prominently describing and depicting the proposed amendment
and stating the time and place of the public hearing shat 1 be published i n
a newspaper of general circulation within the city.
~4} The notice of public hearing for quasi - judi ci a1 refinement
plan amendments shall comply with the requirements of section 2.394 and
2.391 of this code.
9.144 Refinement Plan - Investi ati an and Re ort. The planning staff
shat 1 investigate the facts pertaining to the refinement plan
amendment, prepare a report, and submit i t to the planning commi ssi an for
consideration no later than seven days prior to the public hearing. Copies
of the report shat 1 be avai 1 abl a for interested persons at least seven days
before the hearing and at the public hearing, i n accordance with section
2.391 of this code.
9.145 Refinement Plan -Public Hearin .
~ 1 } Unless the app1 i cant agrees to a 1 onger time frame, within fi0
days of receipt of a compl ete and accurate application, the planning commi s-
sion shall hold a publ is hearing to consider the proposed amendment,
~2} The planning commission shall review the proposed amendment
and receive evidence, and decide whether the proposed change is consistent
with the following approval criteria:
~a} The plan amendment i s consistent with the Metrapol i tan
Area General Plan;
fib} The plan amendment is consistent with remaining portions
Qf the refinement plan ; and
~c} The plan amendment i s found to address one or more of
the following:
1. An error i n the publication of the plan;
2. A change of circumstances i n a substanti a1 manner
not anticipated i n the plan;
3. Incorporation into the plan of new inventory mater-
i al which relates to a statewi de goal ; or
4. A change i n public pal i cy.
~3} The procedures for conduct of the public hearing for quasi -
judici a1 refinement plan amendments shall conform to the requirements of
sections 2.390 and 2.392 to 2.400 of this code .
9.146 Refinement Plan -Planning Commission Recommendation.
~ 1 } Unl ess a postpon~ement~~ ~~~~~s~W-agreed to by the applicant, wi thi n
3o days fol 1 owi ng the close of the pub1 i c hearing and the record, the p1 an-
ni ng commission shall recommend to the city counci 1 approval , or approval
with modification, or shat 1 deny the plan amendment, with written findings
and conclusions based on the approval criteria i n subsection 9.145 ~ 2 } .
~2} Within five days after the planning commission decision, the
city shat] mail a notice of the decision to the applicant, affected neighbor-
hood group ~ s } , and persons who have requested notification .
~3} Un1 ess appealed, the planning commission's decision to deny
an amendment i s final on the eleventh day after notice of the decision i s
mailed.
Ordinance - 32
9.147 Refinement P1 an - A eal • Counci 1 Action on Denied Amendments.
~ 1 } The owner, appl icant, a party, an adversely affected person,
or a person entitled to notice under section 9.143 ~ 1 } of this code may appeal
the cammi ssi on's denial of an amendment to the city counci 1. An appeal must
be commenced by f i 1 i ng a campl ete and sufficient notice of appeal with the
planning department within ten days of the date the commission's decision is
mai 1 ed. The notice of appeal shall be on a form prescribed by the city and
must state specifically how the planning commission failed to make a decision
consistent with the approval criteria. The city staff shall provide the
counci 1 with the notice of appeal :and the record before the commi ss i an .
~2} Unless the appellant agrees to a 1 onger time frame, the
council shall hold a public hearing on the appeal within 60 days of filing
of a noti ce of appeal . At least ten days prior to the hearing the planning
department shall mail notice of the hearing to the applicant, appellant, and
persons who requested notice of the commission decision or of the hearing.
~3} Unless the appellant agrees to a l anger time frame, the counci 1
shall make a deci s i on within 30 days of the close of the hearing and record .
The council may affirm, reverse, or modify the planning commission's decision.
4~i th i n five days of the dec i s i on, a not i ce of the decision shall be mailed to
the applicant, appellant, and persons who requested notice of the council
decision.
9.148 Refinement Plan -Counci 1 Review and Decision on A roved Amendments
~ 1 } Iii th i n 60 days of the planning cammi ss i on' s recommendation to
approve an amendment, unless a longer time frame is agreed to by the person
or entity initiating the amendment, the city council shat 1 conduct a publ i c
hearing on the planning commission's recommendation. At 1 east ten days prior
to the council hearing, written notice of the hearing shall be mailed to the
applicant, affected neighborhood group ~ s } , and parties before the planning
. .
comm~ss~on.
~Z} The counci 1 shall make a deci si on within 3o days of the close
of the hearing and the record, unl ess a 1 onger time frame i s agreed to by
the person or entity initiating the amendment . The caunc i 1 may approve,
modify and approve, or deny the amendment. A notice of the decision shall be
mai 1 ed within five days of the decision to the applicant, affected nei ghbor-
hood groups}, and persons who have requested notice of the council's deci-
sion.
~ 3 } Applications considered and denied by the commission or
council shall not be resubmitted within one year from the date of denial .
~ 4 } The notice and conduct of a publ i c hearing on a quas i -judicial
refinement plan amendment shal 1 comply with the requirements of sections
2.390 to 2.400 of this code,
9.15o Pur ose. It is necessary to ensure that through timely annexations
there i s an adequate supply of developable 1 and provided with mun i -
cipal foci 1 i ti es and services. Annexations shall be accomplished i n accord-
ance with the fol 1 awi ng procedures, and the quas i - j udi ci a1 hearing procedures
provided in sections 2.390 to Z.40o of this code.
Ordinance - 33
9.154 Apps i c_ati_o_n_,__ Fee, and Public Hearing No_t_i ce.
p p ~__~~.y~~ to the city shall submi t
~~~ ~ A party des ~ ri ng ~~~ t~o ~ annex ~ ro~ ert~ ~~
an appl i cat i an for annexation and related information i n the manner pre-
scribed by the city,
~2} The application shall be accompanied by a fee as established
by the city manager as provided by section 2,oZ0 of this code.
~3} At least twenty days before the planning conuni ssion hearing,
the city shat 1 mai 1 a noti ce thereof to the applicant, al 1 owners and occu-
pants of property included in the application, and owners and occupants of
properties located within 300 feet of the perimeter of the subject property.
At 1 east ten days prior to the hearing, the city shall also post notices of
the hearing i n at least three 1 ocati ons within 300 feet of the perimeter of
the annexation proposal.
9.I5fi lnvestigatio,n and,,,,,,,,Re,port. The planning staff shall investigate
the facts bearing upon an application, prepare a report, and sub-
mit it to the planning commission for consideration no 1 ater than seven days
prior to the public hearing. A copy of the report shall be mailed or deliv-
ered to the applicant at the time i t i s delivered to the commission.
9.158 Public Hearin
~ 1 } Unless the applicant agrees to a 1 onger time period, wi th i n
fi0 days of receipt of a complete and accurate annexation application, the
planning commission shat l hol d a publ i c hearing thereon.
~ 2 } The corr~i s s i an s hal 1 review the application and receive per-
tinent evidence and testimony as to why or how the proposed annexation is
consistent with the following required criteria;
~ a} The property i s inside the urban growth boundary and
annexation waul d be consistent with adopted plans and policies .
~ b} Public services and f ac i 1 i t i es can be provided as pre-
scri bed i n the Metropal i tan Area General Plan, applicable ref i ne-
ment plans, or applicable special area studies,
~c} Annexation wi 11 resu1 t i n a boundary i n which services
can be provided in an orderly, efficient, and timely manner,
9.160 P1 ann i ng Commission Decision .
1 } Unless the ~~~a~p~p~~i cant agrees to a postponement, within 15 days
f al 1 owi ng the close of the public hearing and the record, the planning com-
mi ss i on shall deny the application or recommend approval of the annexat i an to
the counci 1 i n its original or modified form. The decision shall be support-
ed by adopted findings and conclusions, and shall be based on the cri teri a
i n section 9.158.
~2} A notice of the commission's decision shall be mailed within
five days of the decision to the applicant, and persons who requested notice
of the decision,
~3} Unless appealed, the commission's decision to deny an annexa-
ti on i s final on the e1 eventh day after notice of the decision i s mai 1 ed,
Ordinance - 34
9,162 A eat - Counci 1 ~Acti on on Deni ed A l i cati ans.
~ 1 } Submittal . Within ten days of the date the planning commi s-
s i on's decision to deny an annexation request i s mai 1 ed, i t may be appealed
to the city council by the owner, applicant, an adversely affected person,
a party, or a person entitled to notice under section 9.1543} of this code.
The appeal shat 1 be made by f i l i ng a statement of issues on appeal and other
information on a form prescribed by the city. The appeal shat 1 be based on
the record, shall state specifically how the planning commission fai 1 ed tv
properly evaluate the proposed annexation or make a deci lion consistent with
the criteria for approval and shall be 1 imi ted to the issues raised at the
evidentiary hearing and set out i n the f i 1 ed statement of issues . The plan -
ning staff shall provide the council with the record.
~2 } Hearing __Date and Notice. Unless the applicant and appel 1 ant
agree to a 1 anger t ~ me per od, ~ ~,t~h ~,~.
e council shall hold a hearing to allow oral
argument on an appeal. within fi0 days of its receipt. At least ten days
prior to the hearing the planning staff shall mail notice thereof to the
applicant, appellant, and persons who requested notice of the commission de-
cision ar council hearing.
~ 3 } Counc i 1 Decision . Un1 ess the applicant and appe1l ant agree
to a longer time period, the council shall make a decision within 15 days
of the hearing. The council may, by resolution, affirm, reverse, or modify
the planning commission's decision . When a dec i s i on i s reversed or modified,
the counci 1 shal 1 make findings of fact, based on required criteria, as to
why the commission was i n error.
~4} Within five days of the decision, a native of the decision
shall be mai 1 ed to the applicant, appellant, and persons who requested
notice of the counci 1 decision.
9.164 Counci 1 Action on~ Approved Applications .
~ 1 } The counc~~~ ~~shal 1 hal d~~ ~ a hearing to allow oral argument con -
cern i ng the planning co~i ss i on recommendation i n favor of an annexation
within 6o days of the commission's decision, unless the applicant agrees to
a 1 anger time period.
~ 2 } At least ten days before the hearing, notice of the hearing
shal 1 be mailed to the applicant, parties, and persons who requested notice
of the planning cormni ssi on's decision.
~3 } Unless the applicant agrees to a l anger time period, wi th i n
15 days of the hearing the counci 1 shall by renal uti on, affirm, reverse or
modify the commission's decision . When a deci si on i s reversed or modified
the counci 1 shal 1 make findings of fact based on required criteria, as to
why the commission was i n error.
~4} Within five days of the decision, notice of the counci 1 deci -
s i on shall be mai 1 ed to the applicant, parties, and persons who requested
notice of the counci 1 decision .
Section 28. Section 9.11 is hereby added to the Eugene Code, 1911, to
provide
9.11 Zan i ng of Annexed Areas,,.
Areas annexed to the city shall retain
ordinance - 35
their county zoning designations until they are rezoned to city
designations.
Section 29. Section 9.250 of the Eugene Code, 1911, i s amended to prv-
vide;
9.250 Title. Sections 9.250 to 9.820 shall be known as the "Comprehen-
s i ve zoning Ordinance of the City of Eugene" and shat 1 cans i st of
the text and the map or maps entitled ~"Eugene, Oregon zoning Map, Part of
the Comprehensive zoning Ordinance. " I f any conflict between said map or
maps and the text of this ordinance should arise, the text shat 1 prevai 1.
Section 30. Subsection ~b~ of Section 9.296 of the Eugene Code, 1971,
i s amended to provide
9.296 Permitted Buildings and Uses. In the AG district, the following
buildings and uses are permitted as hereinafter specifically provided
subject to the general provisions and exceptions set forth in this ordinance
beginning with and f of 1 owi ng section 9.532 ;
. ~b~ Agricultural uses or any other enterprise customarily
carried on ~n the field of general agriculture and not obnoxious or
detrimental to the public wet fare. No commercial s1 aughterhouse
operation shal 1 be allowed. Sanitation, fencing, 1 arge animal
minimum 1 of areas, and setbacks of structures that house farm ani -
mal s shat 1 be the same as required i n the RA district.
Section 31. The provisions for Group Care Facilities set forth in the
matrix of Section 9.384 of the Eugene Code, 1911, are amended to provide:
9.384 Uses . The fol 1 owi ng reflects the uses permitted outright, cond i -
tionally, or subject to standards or other requirements of this
code within the RA, R-1, R-2, R-3, and R-4 zoning districts:
P .............. Permitted outright .
C .............. Conditional use permit approval required.
PAC ........... , Permitted or conditional See related standard.
Std ............ In addition to other applicable regulations, section
9.386 includes special standards for the use 1 i steel.
RA R1 R2 R3 R4
Group Care Facilities
3-5 persons .......................... P P P P P
6 or mare persons .................... C C P P P
Ordinance - 36
Section 32. Subsections (10), (14)(a), and (19)(a) of Section 9.386
of the Eugene Code, 1911, are amended to provide:
9.386 S ecial Standards For Certain Uses In Residential Districts.
~ 10} Da Care Facilities: Day care faci 1 i ti es established after
September 21, 1983 must conform to the following standards:
~a} Unless modified through the conditional use permit pro-
cedure, one parking p1 ace per outside employee i s required i n
addition to normally required parking for other uses on the prop-
erty.
~ b} Unless modified through the candi ti oval use permit pro-
cedure, there must be at 1 east 400 feet between day care faci l i -
t i es of thirteen or more persons .
~ c } Education programs offered as a pri mary activity or
specialized training i n activities such as dance, drama, music or
ref igi on must be 1 imi ted to preschool chi 1 dren.
~d} Providers of day care service to three through twelve
persons in RA, R-1 and R-2 districts must reside in the facility.
~ 14} D- upl axes: When they are located i n RA or R-1 districts,
duplexes must conform to one of the following standards:
~a} On corner lots abutting public streets as prOVided for
in section 9.060.
X19} Single Family Accessory Units':
~a} The^struct~ure containing the accessory and main dwell -
i ng unit must share a common roof and foundation and must be
detached from other dwell ings.
Section 33. Subsection ~d} of Section 9.402 of the Eugene Code, 1971
i s amended to provide
9.402 Permitted Bui 1 di nos and Uses. In the Pl Public Land District, the
following bui 1 di ngs and uses are permitted subject to the general
pray i s i on s and exceptions beginning with and fallowing section 9.532 :
~d} The fol 1 owl ng uses when l orated on all or part Of publ i c
property that the governing body declares i s not currently needed for
its original purpose. Such uses shall conform to applicable
performance standards in sections 9.636 to 9.662. Traffic and
parking impacts and the capacity of adjacent streets shall be
considered i n the design and 1 ocat i on of internal circulation and
parking areas, including entrances and exits. If pons i b1 e, school
playgrounds shall be retained for public use..
The process used by the governing body to determine whether a
particular temporary use shall be permitted on property not currently
needed for its original public use shall assure that neighborhood
Ordinance - 31
residents and property owners in the subject area have the
apportun i ty to review and cormnent on the proposed use.
At 1 east once every ten years, the governing body that owns the
property shall review its current needs. If the property i s agai n
needed for its former public use, i t shall be re-converted to that
use, i n whale or i n part, accordingly. when pub] i c ]and i s sold for
private development, the city shall rezone i t according to the
procedure for zoning district boundary changes beginning with and
following section 9.668.
~ . Ballet and gymnastic training schools and academies .
Z. Christmas tree sales outdoors, from the day after
Thanksgiving to January 1.
3 . Cormnun i ty centers for ne i ghborhoads , senior c i t i -
zens, adults, teens or children,
4. Community or allotment gardens.
5 . Community food and hot meal services when non -
prafit.
6. Day care facilities, subject to the development
standards set forth i n section 9.386.
1. Offices and meeting rooms for non-profit organi za-
tions.
8. Private athletic faci 1 i ti es such as bal 1 f i el ds .
9. Private educational institutions offering an aca-
demic curriculum.
10. Combinations of the above uses.
Section 34. The listings for "Small animal clinics, "Bakeries," "Title
and trust companies, " and "Group care faci 1 i ti es" set forth i n the matrix i n
Section 9.439 of the Eugene Code, ~ 91 ~ , are hereby amended to provide :
9.439 Uses . The fol 1 owi ng ref 1 ects the uses permitted outright, coed i -
tionally, or subject to standards or other requirements of this
code within the C-~, C-2, C-3, C-4 and GO zoning districts:
P ......... Permitted outright
C ......... Conditional Use Permit approval required
* , ........ Notations at end of the 1 i st
NEC ....... Not elsewhere classified
Standards .Code includes special requirements for use 1 i steel
C1 C2 C3 C4 GO
Bakeries, smal 1 scale ... . ............ . .................... P P P P
Bakeries, 1 arge scale ..................................... C P
Clinics, small animal, one night stay ..................... P P P
Clinics and hospitals, sma] 1 animal , twa ar
more nights stay ........................................ C P
Group care facilities
3-5 persons ............................................. P P P P
Ordinance - 38
6+ ersons standards} .,.......••••.••••*•••••••••••••• P P P P
P ~
Title&trustcomanies ..........................••••••••• P P P
P
Section 35. Subsection fig} of Section 9.440 of the Eugene Code, 1971,
i s amended to provide
9.440 S ecial Standards. In addition to general provisions, parking,
and other regulations required by this code, the fo1 owing uses
are subject to the special standards set forth in this section:
} Grou care facilities for six or more ersons: Site re-
~g
view approval i s required as provided for i n the s ordinance.
Section 36. Subsections fib} to ~h} of Section 9.443 of the Eugene Code,
1971 are relettered (c) to (i) respectively, and a new Subsection (b) added
thereto, to provide:
9.443 Permitted Buildin s and Uses. In the I-1 Special Industrial
District, the following buildings and uses are permitted, subject
to the eneral rovi si ons and exceptions set forth i n secti ans 9.445 and
g P
9.532 to 9.662.
b Christmas tree sales outdoors, from the day after
~}
Thanksgiving to January 1 } .
Section 37. Subsections (4) (5, (6), (8), (9), and (10) of Section
9.512 of the Eugene Code, 1911, are amended to provide
9.512
Tentative Plan Consideration.
4 Public hearin . Prior to approval , conditional approval , or
~} •
denial of a tentati ve plan, the hears ngs off ~ c~ al shal 1 conduct a publ ~ c ,
hearin on the a lication, Unless the applicant agrees to a longer period,
g ~ pp com lete
the hears n shat 1 be held no 1 ater than 64 days after rece~ pt of a p
g ' erect i n accordance
and accurate application. Tentative plans shall be cansid
with the rocedures specified herein and the quasi -judicial hearing proce-
P,
lures prov ~ led ~ n sect ~ ons 2.390 to 2.400 of this code .
5 Notice of hearin . At 1 east 20 days before a tentat i ve plan
~}
ublic hearin ,the city shall give notice of the proposal and the time,
p g .
date, and place of the hearing by:
a Mai 1 i ng written notice to owners and occupants ,of prop-
}
erty located within 304 feet of the perimeter of the subject
property; and
Ordinance - 39
fib} Posting notice of the hearing i n at 1 east three 1 ocati ons
within 30o feet of the perimeter of the subject property.
fi Deci s i an. Unless the applicant agrees to a 1 onger time period,
~}
the hearings official shall approve, conditionally approve, or deny a tenta-
tive lan application with findings and conclusions thereon, within ~5 days
p ~ 'thin five da s
following the close of the publ ~ c hears ng and the record. W~ y
after the decision is rendered, the hearings official shall mail a notice
thereof to the applicant, coordinator, and persons who have requested noti -
f i cati on . Decisions pertaining to a parti cul ar phase shall include review
and reco n i ti on of the entire development. Decisions i n all phases shal 1 be
g .
based on the fol 1 owe ng cry tern a:
~ a} The proposed development i s consistent with related
policies and development standards in applicable, adopted neigh-
borhood refinement pl ons and special area studies.
~ b} The proposed development i s consistent with the Metra-
po1 itan Area General Plan ~ I } applicable 1 and use references,
~ 2 } text related to the development, and ~3 } specific elements
related to the development,
~c } The proposed development's general design and character,
including but not 1 imi ted to anticipated bui 1 di ng 1 ocati ons, bul k
and height, location and distribution of recreation space, park-
i ng, roads, access and other uses, will ;
1. Be set back or screened as necessary to ensure pri -
vacy to adjoining properties, and
2. Avoid unnecessary disruption or removal of attractive
natural features and vegetation, and
3. When feasible, disperse motor traffic from planned
unit developments of 20 or more dwellings onto more than one
local street, and
4. Avoid conversion of natural resource areas designated
i n the Metropolitan Area General P1 an to urban uses when al -
ternative locations on the property are suitable for deve1op-
. meat as otherwise permitted .
~d} Public services and foci 1 i ti es are avai 1 abl a to the site.
If the public services and foci 1 i ties are not presently available,
an affirmative finding may be made i f evi Bence indicates that they
wi l 1 be avai 1 abl a prior to need by reason of
1. Prior commitment of public funds or planning by the
appropriate public agencies, or
2. A commitment by the applicant to provide private
. services and foci 1 i ti es acceptable to the appropriate pub1 i c
agencies, or
3. Commitment by the applicant to pravi de for off -
sett i ng al 1 added public costs or early commitment of publ i c
funds made necessary by the Bevel opment.
fie} Deve1 opments must provide for solar access to 1 ots and
south-facing bui 1 di ng wall s at noon an December 21 as specified i n
sections 9.510 and 9.535.
~f } Proposed bui 1 di ngs, road, and other uses are designed
and sited to assure preservation of significant on -site vegetation,
topographic features, and other unique and worthwhile natural fea-
tures, and to prevent soil erns i on or f 1 and hazard.
fig} There will be adequate on-site provision for utility ser-
Ordinance - 40
vices, emergency vehi cut ar access, and, where appropriate, publ i c
transpartati on faci 1 i ti es.
~h} Sufficient usuable recreation facilities, outdoor 1 iv-
i ng area, open space, and parking areas wi 11 be conveniently and
safely accessible for use by residents of the proposed devel op-
ment.
~ i } A subdi stri ct desi gnat i an, a ref i nement plan, or special
area study requires planned unit development approval , or the pro-
posed development cannot be constructed using conventional stand-
ards or other provisions of the zoning ordinance.
~S} Effective date. Unless appealed, the hearings official's
decision i s effective on the eleventh day after notice of the dec i s i an i s
mailed.
~9} AQpeals. Within ten days of the date that notice of the hear-
ings official's decision is mailed, it may be appealed to the planning c~m-
mi ss i on by the owner, appl i cant, a party, an adversely affected person, ar
a person entitled to notice under subsection ~5} of this section. The appeal
shal 1 be made by f i 1 i ng a statement of issues an appeal and other information
on a farm prescribed by the city. The appeal shall be based on the record,
shall state specifically how the hearings official failed to properly eval u-
ate the proposed tentative plan or make a decision consistent with approval
criteria and shall be limited to the issues raised at the evidentiary hear-
i ng that are set out i n the filed statement of issues.
Rio} Appeal Hearin.
~ a} Unless the applicant and appal 1 ant agree to a 1 onger time
period, the planning commi ssi on shall hol d a heari ng for oral argu-
ment on an appeal within 45 days of its submittal. At least ten
days prior to the hearing the planning department shal 1 mai 1 not i ce
thereof to the applicant, appellant, and persons who requested
notice of the hearings official's decision. The hearings official
shall be present at the hearing.
~ b} The planning commi ss i on shat 1 render its decision with W
. i n 15 days of the hearing, unless the applicant and appellant
agree to a longer time period. The commission shall, by order,
with supporting findings and conclusions, affirm, reverse, or
modify a hearings official's decision. Before granting an appeal
or before changing any of the conditions the hearings official im-
posed, the commi ssi an shal 1 make findings of fact as to why the
hearings official's findings were in error. The commission's
action i s f i na1 and must be agreed to by a ma jori ty of the members
present at the hearing. A tie planning commission vote shall re-
sult in affirming the previous decision of the hearings official.
~c} Within five days after the decision i s rendered, notice
of the planning commission decision shall be mai 1 ed to the appl i -
cant, appellant, parties, and persons who have requested notice of
the commi ssi on's decision.
Section 38. Subsections (2), (3), (5), (6), (7), and (9)(e) of Section
9.516 of the Eugene Code, 1911, are amended to provide:
Ordinance - 41
9.516 Final Plan Consideration.
t 2 } Notice . Within ten days of receipt of a compl ete and accurate
appl i cati vn, but no less than ten days before the planning director makes a
decision, the city shall mai 1 a notice of the request to persons who have re-
quested notice of the final plan application .
~3 } Planning ^ Di rector Decision. Un1 ess the applicant agrees to a
1 onger time period, the planning director shat 1 approve, conditionally
approve, or deny a f i na1 p1 an application, with findings and conclusions
thereon, within 30 days of receipt of a complete and accurate application.
Approval shat 1 i ncl ude a f i nd i ng that final plans conform with approved ten -
tati ve plans, conditions attached thereto, and appl i abl a city standards .
Within five days of ter a dec i s i an i s rendered ;
~a} When the decision on the final plan application involves
interpretation of the terms or conditions of the approved tenta-
tive plan or of the provisions of applicable city standards, or the
exercise of factual , policy, or legal judgment, a noti ce of the de-
ci si on and of the opportunity to appeal shall be mai 1 ed to the
applicant, coordinator, persons who have requested notification,
and Owners and occupants of property 1 ocated within 100 feet of
the subject property. The decision is appealable as provided in
subsections ~6} and ~7} of this section.
fib} Unless paragraph ~a} of this subsection i s applicable,
a notice of the decision shall be mai 1 ed to the applicant, coordi -
nator, and persons who have requested notification. The planning
director's decision is final.
~5} Effective date. Unless appealed, a decision rendered under
subsecti an ~3} ~a} of this section becomes effective on the eleventh day
after notice of the decision i s mai 1 ed. A deci lion rendered under subsection
~3}fib} of this section becomes effective upon mailing notice of the decision.
~6} A eals. Within ten days of the date of mailing notice of a
planning director's decision rendered under subsection ~ 3 } ~ a } of this section ,
i t may be appealed to the hearings official by the owner, appl i cant, a party,
an adversely affected person, or a person entitled to notice under subsection
~3} of this section. The appeal shat 1 be on a farm prescribed by the city
and must state specifically how the planning director fai 1 ed to properly
eval ute the proposed final plan or make a deci si on consistent with approval
criteria.
~1} 14ppeal Hearing.
~ a } Unless the applicant and appellant agree to a 1 onger time
period, the hearings official shall hol d a publ i c evidentiary hear-
ing on the appeal within 45 days of receipt. The hearing notice
and procedures shat 1 conform with the requirements for quasi -
judicial hearings provided in sections 2.394 to 2.400 of this code.
At 1 east 20 days prior to the hearing, the city shall mail notice
thereof to the applicant, appellant, persons who requested notice
of the tentative or final plan decisian, and persons entitled to
notice under subsection ~ 3 } of this section .
~ b} Unless the applicant and appellant agree to a l onger time
period, the hearings official shall render a deci s i on within 15
days of the close Of the hearing and record and within five days
thereafter mai 1 a noti ce of the decision to the applicant, appel -
lant, and persons who have requested notification, The hearings
Ordinance - 42
official may affirm, reverse, or modify the planning director' s
decision with supporting findings and conc1 usi ons. Before grant-
i ng an appeal , or before changing any of the conditions the p1 an-
ning director imposed, the hearings official shall make findings
of fact as to why the planning director's findings were i n error .
The decision of the hearings official is final.
~9} Performance a regiment.
r it n~
fie} Modifications.
~ . B Pl anni n Director. Applications for moth f i -
cations shall be submitted by the property owner or appl i -
cant, Notice of a proposed math f i cati on shal 1 be sent to
persons who requested nati ce of the tentative or final
plan decision and persons entitled to notice under sub-
sect i on ~3 } of this sect i an and shat l provide at 1 east
ten days for submission of written testimony thereon to
the city. If a modification is minor, i.e., it results
in insignificant changes in the outward appearance of
the development and impact on surrounding properties,
it may be considered by the planning director. These
modifications, including extension of construction time
schedules or completion schedules and minor site p1 an
rev i s i an s may be approved by the planning director upon
a finding that the changes
a. Are consistent with the conditions of the
original approval , and
b. Result in insignificant changes in the out-
ward appearance of the development and impact on the
surrounding properties, and
c. Remain consistent with appl i cab1 a permi t
criteria.
I f the planning director determines that the modification
is major, the modification request shall be forwarded to
the hearings official far consideration pursuant to the
procedures of subparagraph 2. of this subsection. The
decision of the planning director classifying the moth -
f i cat i on as major or minor, i s f i na1. Within five days
after a deci si on concerni ng a mi nor modification i s ren-
dered, the planning director shat 1 mai 1 a noti ce of the
decision and of the opportunity to appeal to the appl i -
cant, persons who have requested notice of the moth f i ca-
tion decision, and persons entitled to notice under sub-
sect i on ~ 3 } of this section . The planning director' s
decision al 1 owi ng or denyi ng a moth f i cati on may be
appealed within ten days of the date of mai 1 ed notice of
the decision by the applicant, owner, a party, an ad-
versely affected person, or a person entitled to notice
under subsection ~3 } of this section . Appeals shall be
considered by the hearings of f i ci a1 i n a publ i c hearing
that follows the appeal process of subsection ~1} of this
section .
2. By Hearings Official . Modifications that are
Ordinance - 43
ma~ar in nature and do not meet the standards for a minor
modification shall require approval of the hearings of f i -
c i al . Notice of a request f ar a ma j ar modification
shall be sent to the applicant, persons entitled to
notice under section 9.5125} of this code, and parties
t~ the tentative plan ap~r~va~ pr~~eedin~gs ~ The n~tl~e
shat l cantai n the requested modification and prvvi de at
least ten days far written testimony thereon to be sub-
mi tied to the hearings official . Any person provided
this notice may request that a publ i c evidentiary hear-
t ng be held on a ma j or modification . I f a publ i c ev i -
dent i ary hearing i s requested, i t shall be held wi th i n
6o days of receipt of the request. The hearing shall
conform with the notice, hearing, and decision require-
ments of the original application process, as provided
in sections 9.512 ~4} to ~8} of this code. The hearings
official may deny, modify, or approve the modification
request. Approval of a major modification shall re-
qui re a f i ndi ng by the hearings official that the pro-
posal and modification meet the applicable criteria set
out in section 9.5125} of this code. Whether or not a
public hearing is held, notice of the hearings official's
decision shall be provided i n accordance with section
9,512~fi} of this code. The decision of the hearings
official may be appealed to the planning commission wi th-
in the time and subject to the process set out in subsec-
tions 9.5129} and X10} of this code.
Sect i an 39 . Section 9.520 of the Eugene Code, 1911, i s repealed .
Section 40. Subsections (4)(a) and (b) and (7) of Section 9.535 of the
Eugene Code, 1911, are amended to provide
9.535 Solar Setback Standards .
4} Solar setback standard. The proposed building shall comply
with one of the subsections below:
~ a} Sal ar setback far RA R-1 R- 2 C-1 GO and PL Zoning
districts. The solar setback of the shade point shall be greater
than or equal to the setback specified in Table lA or as computed
using the following formula:
SSB = X2.5 *SPH} - 15 + ~N/2}
Where: SSB =The solar setback the horizontal distance be-
tween the shade point and the northern 1 of 1 i ne,
see Solar Figure 6};
SPH =The height of the shade point see Solar Figures
4 and 5 } ; and
Ordinance - 44
N =The north-south dimension, provided that anorth-
south dimension more than 9o feet shall use a
value of 90 feet for this cal cut ati on.
Provided, the solar setback of the shade point may be decreased
2.5 feet from the amount calculated using the formula or Table 1
for each foot that the average grade at the rear property 1 i ne ex-
ceeds the average grade at the front property line.
fib} Alternative standard: maximum shade oint hei ht for
RA R-1 R-2 C-~ GO and PL zonin districts. The maximum
height of the shade paint sha]1 be less than or equal to the
height specified i n Tabl e ~ or as computed using the f of 1 owi ng
formula:
5
Provided, the maximum allowed height of the shade point may be inw
creased one foot above the amount calculated using the formula or
Table 2 far each foot that the average grade at the rear property
line exceeds the average grade at the front property line.
~1~ Yard Setback Ad'ustment. The city shall grant an adjustment
to the front and/or interior yard setback requirements by up to 50 percent
on1 y to the extent necessary to bui 1 d a proposed building so i t complies
with the solar setback standard in subsection ~4~ of this section or the
solar bat ante point adjustment i n subsection ~8} of this section . The yard
setback adjustment may not reduce the setback bet aw that required to comply
with bui 1 di ng code standards for fire control .
Section 41. Subsections ~ c ~ and ~d ~ of Sect i an 9.53fi of the Eugene
Code , 19l 1, are amended to provide
9.53fi Bui 1 di ng_ Height Excepti ans . In addition to other restrictions on
bui 1 di ng heights imposed under this code, the fall owi ng bui 1 di ng
height limitations apply. Building height exemptions allowed under this sec-
tion shall not excuse shadow-casting point height 1 imitations required under
the solar access provisions of this code.
~c~ Height 1 imi tati ons to be established to protect the view
from and to the Skinner Butte area. This area i s further described
as fol 1 ows: All property lying east of Washington Street and lying
north of the Southern Pacific Railroad tracks, and lying west of
Coburg Road, and lying south of the Wi 11 amette River.
The maximum height of any bui 1 di ng where the exi sting ground
e1 evation i s bet ow 4fi0 feet shat 1 be to an elevation of 500 feet.
The maximum height of any building where the existing ground ele-
vati on i s above 4fi0 feet shall be 40 feet above the existing
ground elevation at all points. In neither case shall the maximum
height i n the zoning district within which the bui 1 d i ng or struc-
Ordinance - 45
tune i s 1 ocated be exceeded.
The exceptions prav i ded for i n this section shall not appl y
to these requirements,
E1 evati on shall be based on the mean sea 1 evel .
~d} Height 1 imitations are hereby established to protect the
view to and from the Judki n's Point area i n the city as fall ows;
Area I . Buildings and structures within the 25-foot special set-
back shall be required to obtai n a condi ti oral use permit prior to
bui 1 di ng permit approval on al 1 property within the following boun-
dari es; A stri p of property along the north margin of Frankl i n
Boulevard running from a poi nt that i s perpendicular to the i nter-
secti on of Franklin Boulevard with Alder Street and on the north
margin of Franklin Bout evard to the west margin of Interstate 5
and extending 25 feet north of the north margin of Franklin Boul e-
vard; a1 sa a stri p of property a1 ong the south margin of Frankl i n
Boulevard running from a point that is perpendicular to the inter-
sects on of Franklin Boulevard with Alder Street and on the south
margin of Franklin Boulevard, to the west margin of Riverview Ave-
nue and extending 25 feet south of the south margin of Frankl i n
Boulevard.
Area I I , Bui 1 di ngs and structures are hereby 1 i mi ted to a 40-foot
height restriction provided that the commission may grant Condi-
ti anal Use Permits to allow properly spaced and designed bui 1 di ngs
which exceed the 4o-foot height 1 imitation, on all property within
the following boundaries; Beginning at the intersection of the
center 1 i ne of Walnut Street and the south margin of Franklin Boul e-
vard; thence southerly along said center 1 i ne of Walnut Street to
its intersection with the center 1 i ne of 15th Avenue; thence east-
erl y al ong a 1 i ne projected along the said center 1 i ne of 15th Ave -
nue to the center 1 i ne of Birch lane; thence easterly along the
said center 1 i ne of Birch lane to its intersection with the center
1 i ne of 5ky1 i ne Boulevard; thence northeasterly i n a strai ght 1 i ne
to the intersection of the south margin of Franklin Boulevard and
the center 1 ine of Sylvan Street,
The exceptions provided for i n this section shall not appl y
to these requirements .
E1 evati ons shall be based on the mean sea 1 evel ,
Section 42. Section 9.544 of the Eugene Code, 1911, i s amended by
deleting Subparagraph fib} therefrom; rel etteri ng existing Subparagraphs ~c} ,
(d), (e) and (f) to (b), (c), (d), and (e) respectively; and amending the
new Subparagraph ~d}3. to provide:
9.544 Yard Exce bans and Permitted Intrusions Into Re aired Yards.
Subject to restrictions imposed under the Solar Setback Standards
required under this code, the following intrusions may project into required
yards to the extent and under the conditions and 1 imitations indicated:
Ordinance - 45
~d} Parking and driveways : ~Al sa see sections 9.580 to
9.598}.
3. In any commercial or industrial district, except C-1
and I -1, parking spaces shat 1 be permitted i n any required
interior yard i f requi red 1 andscape prvv i s i ons of section
9.542 fib} and ~c} are met. In the C-1, C-4, and GO districts,
parking i s not permitted i n the requi red front yard. In the
I -1 district, parking spaces may be 1 ocated i n requi red front
yards i f more than 20 feet from al 1 abutting streets.
Section 43. Section 9.512 of the Eugene Code, 1911, is amended to pro-
vide:
9.512 General Plan of Streets and Hi hwa s. The city's street designa-
tions are shown upon a map and are made a part of this ordinance.
The original map, including any changes or amendments thereto, shal 1 be kept
on file i n the department of public works .
Section 44. Subsections (6)(d)3. and (6)(d)4. of Section 9.576 of the
Eugene Code, 1911, are amended to provide:
9.51fi General Provisions -Solar Access Guarantee.
~fi} Procedure.
~d} Meetin Procedure.
3. Decision. Unless the parties agree to a longer per-
iod, within ten days of the meeting the city manager shall
state his or her findings and conclusions and approve, approve
with conditions, and issue the Svl ar Access Guarantee or deny
the application. Within five days of the decision, the man-
ager shat 1 mai 1 a noti ce of the decision on the application
to al 1 interested parties and persons who have requested a
copy of the decision. Unless appealed, the decision i s effec-
ti ve on the 11th day after notice of the decision i s mai 1 ed.
4. Appeal to Heard ngs Off i c,er.
a. The decision of the c~ ty manager may be appealed
to the hearings official within ten days of the date
notice of the decision i s mai 1 ed. An appeal may be taken
by the applicant or an affected party. Notice of the
appeal shal 1 be sent by the city manager to all interested
persons. Appeals shat 1 state haw the city manager fai 1 ed
to properly evaluate the proposed Solar Access Guarantee
or make a decision consistent with applicable criteria.
b. Unless the applicant and appel 1 ant agree to a
1 onger period, an appeal shat 1 be considered at a heari ng
at which an opportunity i s given for oral arguments on the
appeal within 45 days of its receipt. At 1 east ten days
Ordinance - 41
prior to the hearing, the city manager shall mail notice
thereof to the applicant, appellant, affected parties,
and persons who requested a copy of the city manager's
decision .
c. Within 15 days of the hearing, unless the appli-
cant and appellant agree to a l onger period, the hear-
ings official shall render a decision and within five
days of the decision, notice thereof shat 1 be mailed to
the applicant, appellant, and parties who have requested
a copy. The hearings official's decision i s final .
Section 45. Subsectian ~4} of Section 9.584 of the Eugene Cade, 1911,
i s amended to provide
9.584 Parkin Area Desi n.
~4} When three or more parking spaces are required an a level op-
ment site, except those i n conjunction with single f ami 1 y or two f ami 1 y
dwellings an a si ngl e 1 ot, they all shall be served by a servi ce drive so
that no backward movement or other maneuvering of a veh i cl a wi th i n a street,
other than an al 1 ey, wi 11 be required, Service drives shall be designed and
constructed to facilitate the flow of traffic, provide maximum safety for
traffic ingress and egress, and maximum safety of pedestrian and veh i cu1 ar
traffic on the site. In no case shall two-way and one-way driveways be less
than 20 feet wide and 12 feet wide respectively.
Section 46. Subsectian ~c}~, of Section 9.586 of the Eugene Code, 1911,
is amended to provide:
9, 586 Par ~ n S a ,_,,
___ ' g , p , ,ces Re ui red. Unless specifically prescribed otherwise
elsewhere inthis code, the number of off-street parking spaces
required shal 1 be no 1 ess than as set forth i n the fol 1 owi ng:
Use
~c} Commercial Types, except as
otherwise specified in
subsection 9.586~e}
2. Barber and beauty shops
Parkin S ace Re u i red
1 for each 300 square feet of
gross fl aor area.
Section 47, Section 9.588 of the Eugene Code, 1911, is amended to pro-
vide:
9.588 Parking. Requirements for,.,, Uses not__ Speci fi ed . The parking space
requirements for bui 1 di ngs and uses not set forth herein shat 1 be
Ordinance - 48
determined by the bui 1 di ng off i ci a1, and such determination shal 1 be based
upon the requirements for the mast comparable building or use specified here-
in. Within five days of the determination, the building official shall mail
a notice of the determination and of the opportunity to appeal to the app1 i -
cant and to owners and occupants of property 1 ocated within 104 feet of the
subject property. The deci s i an of the bui 1 d i ng official may be appealed to
the hearings official i n the manner provided for appeals set forth i n sec-
tion 9.142 of this code.
Section 48. The first paragraph of Section 9.592 of the Eugene Cade,
1971, is amended to provide;
9.592 Parkin ,Areamprovements. All public or private parking areas
which contain three ar more parking spaces or have outdoor vehicle
sales areas, shall be improved according to the following;
Section 49. Subsection ~3} of Section 9.604 of the Eugene Code, 1971,
is renumbered to ~4}, and a new subsection ~3} added thereto, to provide:
9.604 S eci a1 Flood Hazard Areas - Devel o ment Permit.
~3} Within five days of the decision, the building official shall
may 1 a nat~ ce of the deci si on and of the apportuni ty to appeal to the appl i -
cant and owners and occupants of property 1 ocated within 100 feet of the
subject property.
~4} The decision of the building official may be appealed to the
hearings official in the manner provided in section 9.142 of this code.
Section 50. Subsection ~2} of Section 9.606 is renumbered ~3} and
amended, and a new subsection ~2} added thereto, to provide:
9.606 Speci al_ F1 oad Hazard Areas -Variances.
X23 Wi~th~~n five~~~~days~~~~~~of the ~decisia~n, notice of the building offi-
ci al's deci si an and of the opportunity to appeal shal 1 be mai 1 ed to the appl i -
cant and to owners and occupants of property 1 ocated within 100 feet of the
subject property.
~3} ,The decision of the building official may be appealed to the
hearings aff~c~a1 ~n the manner set forth in section 9.142 of this code.
Section 51. Section 9.608 of the Eugene Code, 1911, is amended to pro-
vide;
Ordinance - 49
9.608 General Provisions -Historic Landmarks. Special provisions for
modification of zoning regulations far buildings, structures, other
physical objects, or geographic areas designated as historic 1 andmarks by the
city are contained i n section 2.401. Code regulations pertaining to number
of parking spaces provided, signs, fence and wall provisions, yards, area,
lot width, frontage, depth, and coverage may be modified by the board or
counci 1 using the procedures and based on criteria specified i n section
2.401 of this code.
Section 52. Subsection ~e}1. of Section 9.644 of the Eugene Code, 1971,
i s amended to provide
9.644 Noise. In addition to applicable provisions in Chapter 4 of thi n
code, maximum sound emissions shall not exceed equivalent sound
pressure 1 evel s i n decibels, A-Weighted Scale, for any one hour as stipulated
i n the table i n this section. These maxi mums are applicable beyond any prop-
erty lines of the property containing the noise. Equivalent sound pressure
1 evel ~Leq} i s a measure of the sound 1 evel for any one hour. It i s the
energy average of all the various sounds emitted from the source during the
hour. A-Weighted Scale is used to adjust sound measurements to simulate the
sensitivity of the human ear.
fie} Exem ti ons. Local noise standards set forth i n thi s
section do not apply to the fo11 owi ng situations
1. lawn and plant care machinery fitted with correctl y
functioning sound suppression equipment and operated between
1 a.m. and 9 p.m.
Section 53. Section 9.668 of the Eugene Code, 1911, is amended to pra-
vide:
9.668 Pur ose. As the Metropolitian Area General Plan is implemented
over the years, there wi l 1 be a need for changes i n zoning district
boundaries. As that plan is reviewed and periodically revised, other district
boundary changes may be warranted. These boundary changes shall be made i n
accordance with the following procedures and the quasi -judicial hearing pro-
cedures provided i n sections 2.390 to 2.400 of this code . I f the zone change
i s to be considered i n conjunction with an annexation, the annexation proce-
dures set forth i n this code shall also apply. If the zone change i s to be
considered i n~ conjunction with an amendment to the Metropolitan Area General
Plan or a ref i nement plan, the applicable plan amendment procedures set forth
in this code shall apply.
Section 54. Subsection ~3} of Section 9,612 of the Eugene Gvde, 1971,
i s amended to pray i de
ordinance - 50
9,fi12 A 1ication Fee and Public Hearin Notice.
43} At 1 east 20 days before the hearing, the city shat 1 mail a
notice thereof and information on the nature of the request to the applicant,
owners and occupants of the subject property, and to owners and occupants of
property 1 orated within 300 feet of the perimeter of the subject property.
If the requested change in zoning district is from AG, RA, R-1, R-2 and R-3
to R-4 di stri ct, a res i dent i al zoning district to an office, commercial or
industrial district, or from PL Public Eand district to any other zoning di s-
trict, the notice required herein shall be expanded to include owners and
occupants of property 1 orated within 500 feet of the perimeter of the sub-
ject property. At least ten days prior tv the hearing, the city shall also
post notices of the nature of the request and the hearing i n at 1 east three
places within 300 feet of the perimeter of the subject property.
Section 55. Section 9.616 of the Eugene Code, 1911 is amended to pro-
vide:
9.616 Investigation and Report,. The city sha11 i nves~
bearing upon an application, prepare a report,
the commission yr hearings official for consideration at
prior to the public hearing. A copy of the report shall
Bred to the applicant at the time it is delivered to the
ings official.
tigate the facts
and submit i t to
1 east seven days
be mailed or de1iv-
commissian or hear-
Section 56 . Subsection ~ 1 } of Section 9.618 of the Eugene Code, 1911,
i s amended to provide
9,618 Public Hearin
~ 1 } Unless the applicant agrees to a 1 onger time period, wi th i n
60 days of receipt of a compl ete and accurate application, the commission or
hearings official shall hold a public hearing to consider the proposed change
i n zoning district boundaries .
Section 51. Section 9 . fi80 of the Eugene Code, 1911, i s amended to pro -
vide:
9.680 Decision.
~ 1 } Within 15 days fol 1 owi ng the close of the public hearing and
the record, unl ess a postponement i s agreed to by the applicant, the commi s-
sion or hearings official shall approve, modify and approve, or deny the
application by order, with written findings and conclusions therein, based
on required approval criteria, The commission or hearings official may re-
view proposals for the use of the property for which a change in the district
boundaries i s proposed. The commission or hearings official may also require
Ordinance - 51
site review approval by the city i n accordance with the site review proce-
dures specified i n this code, pri yr to the applicant recei vi ng a bui l di ng
permit or certificate of occupancy.
~2} Within five days after the commission or hearings official
renders a deci si on, the city shall mai 1 a noti ce of the decision to the
applicant and persons who have requested notification.
~3 } Unless appealed, the decision i s final on the e1 eventh day
after notice of the decision i s mai 1 ed.
~4} if the zone change i ncl udes a subdi stri ct, the city shall re-
cord that fact i n the office of the bane County Recorder.
Section 58. Section 9.fi81 of the Eugene Code, 1911, is amended to pro-
vide:
9. fi81 A eal s. Within ten days of the date that notice of the decision
i s mai 1 ed, i t may be appealed by the owner, appl i cant, a party, an
adversely affected person, ar a person entitled to notice under section
9.672 of this code. The appeal shall be made by filing a statement of issues
on appeal and other information on a form prescribed by the city. The appeal
shat 1 be based on the record, and shal 1 be 1 imi ted to the issues raised at
the evidentiary hearing that are set out i n the f i 1 ed statement of issues .
The planning staff shat l provide the commission or counci 1 with the record.
Section 59. Section 9.682 of the Eugene Code, 1971, is amended to pro-
vide:
9,682 A eal Notice and Action.
~ 1 } , Unless the applicant and appellant agree to a 1 onger time per-
~ od, the comma ss ~ on shat 1 hot d a heari ng to allow oral argument on an appeal
from a hearings official decision within 45 days of its receipt. The council
shal 1 hol d a publ i c hearing to al 1 ow oral argument on an appeal from a pl an-
ning commission decision within.fi0 days of its receipt. At least ten days
prior to the hearing, the planning department shall mail notice thereof to
the applicant, appellant, and persons who requested notice of the previous
decision or of the appellate hearing.
~ 2 } Unless the applicant and appellant agree to 1 onger time per-
iod, the commission or council shall make a decision within 15 days of the
hearing. The council, by order with findings and conclusions therein,
shal 1 affirm, reverse, or modify the planning commission's decision. The
commi ssi an, by order with findings and conc1 usi ons therein, shall affirm,
modify or reverse the hearings official ' s decision . When a dec i s i on i s
reversed or madi f i ed, the cammi ss i on ar counci 1 shall make findings of fact
as to why the previous decision was i n error based on required criteria.
The appeal decision shall be agreed to by a majority of the members present
at the hearing . A ti a planning commission vote shat 1 result i n affirming
the previous decision of the hearings official .
~3} Within five days after a deci sion i s rendered, notice of the
ordinance - 52
appeal decision shal 1 be mai 1 ed to the applicant, appe1l ant, and persons
who have requested it.
Section 60. Section 9.690 of the Eugene Code, 1911, is amended to pro-
vide:
9.690 Site Plan Review Procedure.
~l} Pre-a 1 ication conference. Prior to submission of a request
for planning director site plan approval, the applicant shall confer with
the planning staf f to ascertain application requirements .
~2} Application submittal and notice. An application and related
i nformati an shat 1 be submitted by the applicant, i n the manner prescribed by
the city, together wi th a fee established by the city manager as provided by
section 2.024 of this code. Within ten days of receipt of a compl ete and
accurate application but no 1 ess than ten days before the planning director
makes a deci s i on, the city shal 1 mai 1 notice of the request to owners and
occupants of property located within loo feet of the subject property.
~3} Professional services. Prior to making a decision, the plan-
ning director may require an applicant to employ a licensed architect, land-
scape architect, engineer or other specialist i f one or more of those profes-
sional services is required for compliance with section 9.688 criteria.
~ 4 } Planning director decision .
~a}}~ Unless the applicant agrees to a longer time period, the
planning director shat 1 approve, conditionally approve, or deny
the site plan within 3o days of receipt of a compl ete and accurate
application. Approval shall be based on section 9.688 criteria,
and particularly when applicable, those criteria addressed at the
time of site review subdistrict rezoning.
~ b} Within five days of the decision, the planning director
shall mai 1 notice of the decision and of the opportunity to appeal
to the applicant, persons who have requested notification, and
persons anti t1 ed to notice under subsection ~2} of this section.
~c} If the request requires re-examination of existing
standards or pot i ci es, the planning director may refer the matter
to the planning commission for a decision.
~d} Unless appeal ed, a pl anni ng director's decision i s
effective on the eleventh day after notice of the decision i s
mai 1 ed.
~ 5 } Front yard, ^ f ante and wal 1 waivers . When approv i ng a s i to
p1 an, the planning director may permit waivers to the front yard requi re-
ments and the wal 1 and fence provisions of this ordinance, provided:
~a} The waivers wi 1 ] not be materially injurious to properties
or improvements i n the vicinity;
~ b} The development wi 11 be at 1 east as attractive as coul d
be expected Pram standard requirements;
~c} There wi 11 be adequate vision clearance for traf f i c
passing on the street and 1 eavi ng the development site;
~d} There wi 11 be adequate 1 andscapi ng to make up for
screening or setbacks as would otherwise be necessary to comply
with section 9.688 criteria; and
4rdi Hance - 53
4 e } There wi 1 l be adequate prav i s i on for protect i on of
the public's health and safety at 1 east equal to what a standard
front yard and fence ar wall would provide.
t6} Documentation of a roved laps. After site plan approval,
the applicant shat 1 prvvi de the city with three copies of the approved plans
which shall be marked "Approved" with the date of the action. The condi -
ti ons of approval shall be attached to the plans.
~ 1 } A raval Ex i rat i on . ~ f a bu i 1 d i ng permit f or a devel opment
for which site plan and application approval has been granted i s not obtai n-
ed within 18 months of the approval , unless an extension has been requested
and granted by the planning director within that time period, the approval
i s automatically revoked and a new site plan and appl i cat i an must be sub-
mitted and approved prior to issuance of a building permit.
~8} Appeal.
~a} Within. ten days of the date the planning director's deci-
s i on i s mai 1 ed, i t ,may be appealed to the hearings official by the
owner, appl icant, a party, an adversely affected person, ar a per-
son entitled to notice under subsection ~~} of this section.
fib} An appeal shall be on a form prescribed by the city and
shall state specifically how the planning director failed to
properly evaluate the proposed site plan or make a decision con-
sistent with applicable criteria,
~c} Unless the applicant and appellant agree to a 1 anger time
period, the hearings official shall hold a public evidentiary hear-
ing on the appeal within 45 days of its receipt. The hearing
notice and procedures shall conform with the requirements for
quasi-judicial hearings provided in sections 2.390 to 2.400 of this
code. At least ~0 days prior to the hearing, the city shall mail
notice thereof to the applicant, appel 1 ant, parties, persons who
requested notice of the planning director's decision, and persons
entitled to notice under subsection ~ 2} of this section .
~d} Within l5 days of the close of the hearing and the
record, unless the applicant and appel 1 ant agree to a 1 onger time
period, the hearings official shall make a deci s i on and mai 1 a
notice thereof to the app1 i cant, appel 1 ant, and persons who have
requested nati f i cati an. The hearings official's decision i s f i na1.
~9} Modification.
~a} By Planning_Director. Applications for modifications
shall be submitted by the property owner or applicant. Notice of a
proposed modification shall be sent to all persons who requested
notice of the site p1 an dec i s i an and persons entitled to notice
under subsection ~2} of this section, and shall provide at least
ten days for submission of written testimony thereon to the p1an-
n i ng director. Modifications, including extension of construction
time schedules or comp1 eti on schedules and minor site plan rev i -
sions may be approved by the planning director upon a f i ndi ng that
the changes:
1. Are consistent with the conditions of the original
approval, and
2. Result i n insignificant changes i n the outward
appearance of the development and impact on the surrounding
properties, and
3. Remain consistent with app1 i cabl a permit criteria.
ordinance - 54
The planning director may approve a major modification that does
not meet the above standards far a mi nor modification upon finding
that the proposal and modification i s otherwise consistent with and
meets the applicable permit criteria. Within five days of render-
i ng adec i s i on, notice of the p1 ann i ng director's decision on a
major or minor modification and of the opportunity to appeal shall
be mailed to the applicant, persons who requested notification,
and persons entitled to notice under subsection ~2} of this sec-
t i on . The decision may be appealed to the heari ngs official by
the owner, appl icant, a party, an adversely affected person, or
person entitled to notice under subsection ~ 2 } of this section ,
within ten days of the date that notice of the decision was mai 1 ed.
fib} By Heari ngs~Off i ci al . A publ i c evidentiary hearing shat 1
be het d by the heari ngs ~ of f i c i al within 45 days fo11 owi ng receipt
of an appeal of the planning director's decision. Notice thereof
shall be mai 1 ed at 1 east 20 days i n advance of the hearing to the
appe11 ant, applicant, persons entitled to notice under subsection
~ 2 } of this section, and persons who requested notice of the plan -
ning director's decision. The hearing notice and procedures shall
conform with the requirements far quasi -judicial heari ngs provided
in sections 2.390 to 2.400 of this code. The hearings official
may approve, deny, or modify the planning director's decision .
Approval by the heari ngs official shall requ i re a f i ndi ng that the
proposal anal modification meets the applicable permit criteria.
Within five days of the decision, the city shall mai 1 a noti ce of
the decision to the applicant, appellant, and persons who have re-
quested notification . The decision of the heari ngs off i ci a1 i s
final .
Section 6I . Section 9.696 of the Eugene Code, 19T1, i s amended to pro-
vide:
9.696 Descri ti on and Pur ose. Certain types of uses require special
consideration before being permitted i n particular districts . The
reasons for requiring sped a1 consideration include, for example, the size
of the area required for the full deve1 opment of those uses, the nature of
the traffic problems incidental to operation of those uses, the effect those
uses might have on adjoining land uses, and their effect on the growth and
development of the community as a whol e . Uses permitted condi t i anal l y may
also possess unique ar special characteristics that make it unacceptab1 a to
permit them without conditions in particular zoning districts. In districts
where uses are cand i t i anal 1 y permitted, their location and operation are
subject to conditional use permit review and approval. One purpose for this
review i s to determine i f the characteristics of those uses can be made rea-
sonably compatible with the type of uses permitted outright i n surrounding
areas. Another purpose is to provide reasonable and necessary conditions
so the basic purposes of this ordinance are served. Nothing herein requires
the heari ngs official or commission to grant a condi ti anal use permit that
would be contrary to this ordinance. Conditional use permits shall be con-
Ordinance - 55
s i dered i n accordance with the fol 1 owi ng procedures and the quasi -judicial
hearing procedures of sections 2.390 to 2.400 of this code.
Section 62 . Section 9.706 of the Eugene Cade, 1911, i s amended to pro -
vide:
9.106 Notice Public Hearin and Decision.
~1} Unless the applicant agrees to a longer time period, a public
hearing shall be scheduled on each application no 1 ater than 60 days after
receipt of a complete and accurate application. At least 20 days prior to
the hearing, the city shat 1 post a wri tten notice of the hearing and the
nature of the request i n at 1 east three places within 300 feet of the peri -
meter of the affected property and mai 1 a wri tten notice of the hearing and
the nature of the request to the applicant and owners and occupants of the
property located within 300 feet of the perimeter of the subject property.
~2} Unless the applicant agrees to a 1 owger time period, the hear-
ings official shat 1 approve, conditional 1y approve, or deny the application
within 15 days fo11 owi ng the close of the public hearing and the record.
The hearings official's decision shall be based on findings and conclusions
in response to the criteria in section 9.702 and other applicable use permit
criteria. The hearings official shal 1 mai 1 a noti ce of the deci s i an to the
applicant and persons who have requested notification within five days after
i t i s rendered .
~3 } I f an application requires re-examination of existing stand-
ards or policies, the hearings official may refer the matter to the planning
commission for a decision.
~4} Unless appealed, the hearings official's decision is effec-
tive on the eleventh day after notice of the decision is mailed.
Secti an 63. Section 9.114 of the Eugene Code, 1911, i s amended to pro-
vide:
9.114 A eals. Within ten days of the date that notice of the hearings
official 's decision was mai 1 ed, i t may be appealed to the planning
commission by the owner, applicant, party, an adversely affected person, or
a person entitled to notice under subsection 9.106 ~ 1 } of this code. The
appeal shat 1 be made by f i 1 i ng a statement of issues on appeal and other
information on a form prescribed by the city. The appeal shall be based on
the record, shall state speci f i cal 1 y how the hearings off i ci a1 fai 1 ed to
properly eva1 uate the proposed conditional use permit app1 i cat i on or make
a decision consistent with applicable criteria, and shall be 1 imi ted to the
issues raised at the evidentiary hearing that are set out i n the f i 1 ed
statement of issues.
Section 64. Section 9.716 of the Eugene Code, 1911, i s amended to pro -
Ordinance - 56
vide:
9.11fi Action on Appeal by Planning Commission.
~ 1 } Unless the applicant and appellant agree to a 1 onger time per-
i od, the planning commission shall hol d a heari ng to allow oral argument on
an appeal within 45 days of its receipt. At least ten days prior to the
hearing, the city shal 1 mai 1 notice thereof to the applicant, appel 1 ant, and
persons who requested notice of the hearings official's decision.
~ 2 } Unless the applicant and appal 1 ant agree to a 1 onger time
period, the commission shall make a decision within 15 days of the hearing.
The commission may, by order with findings and conclusions therein, affirm,
reverse or modify i n whole or i n part, any decision, determination ar
requirement of the hearings official. Before granting an appeal, or before
changing any of the conditions the hearings official imposed, the commission
shat 1 make findings of fact as to why the hearings official's findings were
i n error. The commission's action i s final , and must be agreed to by a
majority of the members present at the hearing. A t i e planning commission
vote shall result in affirming the previous decision of the hearings official
within five days after a decision is rendered, notice of the decision shall
be mai 1 ed to the applicant, appellant, and persons who have requested noti f i -
cat i on .
Section fi5 . Subsection ~ 2 } of Section 9.12 of the Eugene Cade, 1971,
i s amended to provide:
9.12 Performance Contract.
~2} After execution of the performance contract modifications to
the approved final plans shall be governed by the fal 1 owi ng procedures
~ a} By Planning.„Director. Applications for modifications
shall be submi tted ~ by the property owner or applicant . Notice of a
proposed modification shall be sent to all persons who requested
notice of the original hearings official decision on the cond i -
t i onal use permit and persons entitled to notice under subsection
9.lofi~ 1 } of this code, and shall provide at 1 east ten days for
submission of written testimony thereon to the city. If a modi f i -
cation is minor, i.e., it results in insignificant changes in the
outward e appearance of the level opment and impact on surrounding
property es, ~ t may be considered by the planning director. These
modifications, including extension of canstructi on time schedules
or completion schedules and minor site plan revisions may be
approved by the planning director upon a f i nd i ng that the changes :
1. Are cansi stent with the conditions of the original
approval, and
2. Result in insignificant changes in the outward appear-
ance of the development and impact on the surrounding proper-
ties, and
3 . Remain consistent with applicable permit criteria.
I f the planning director determines that the modification i s major,
the modification request shall be forwarded to the hearings off i -
Ordinance - 51
vial for consideration pursuant to the procedures of subparagraph
~ b } of this subsection . The decision of the planning director
classifying the modification as major or minor, is final. Within
five days of the date a decision concerning a minor modification
i s rendered, the planning director shall mai 1 a noti ce of the deci -
sion and of the opportunity to appeal to the applicant, persons
who have requested notice, and persons entitled to notice under
subsection 9.1461} of this code. The planning director's deci-
si on allowing or denyi ng a modi f i cat i on may be appealed wi thi n
ten days of the date of mailed notice of the decision by the appl i -
cant, owner, a party, an adversely affected person, or a person
entitled to notice under subsection ~ 2 } ~ a} of this section . Appeal s
shall be considered by the hearings official i n a publ i c evidentiary
hearing that conforms with the notice, hearing, and decision re-
quirements of the original application process, as provided in sec-
tion 9,146 of this code.
fib} By Hearings Official. Modifications that are major in
nature and do not meet the standards for a minor modification shall
require approval of the hearings official . Notice of a request for
a ma jor modification shal 1 be sent to the applicant, persons en-
titled to notice of the original application as provided in section
9.106 of this code, and parties to the original hearing. The
notice shall contain the requested modification and provide at
least ten days for written testimony thereon to be submitted to
the hearing official. Any person provided this notice may request
that a publ i c evidentiary hearing be held on a ma jor modi f i cati 4n .
I f a publ i s evidentiary hearing i s requested, i t shall be hel d
within 60 days of receipt of the request. The hearing shall con-
form with the notice, hearing, and decision requirements of the
original application process, as provided in section 9.746 of this
code. The hearings official may deny, modify, or approve the
modification request. Approval of a ma jor modification shat 1 re-
qu i re a f i nd i ng by the hearings official that the proposal and
modification meet the applicable criteria set out i n section
9,102 of this code. The decision of the hearings official may be
appealed to the planning commission within the time and subject to
the processes set out i n sections 9.114 and 9.116 of this code,
~c} Ex iration of Modification A royal. Modification
approvals expire one year from the date of approval unless the
work associated with the modification i s completed or the approval
spec i f i es a 1 anger date of expiration .
Section 66. Section 9.738 of the Eugene Cade, 1911, i s amended to pro-
vide:
9.738 Native. Within ten days of receipt of a complete and accurate
application but no 1 ess than ten days before the bui 1 di ng official
makes a deci si on, the city shall mai 1 notice of the request to owners and
occupants of property 1 ocated within 144 feet of the subject property.
Ordinance - 58
Section fit. Section 9.140 of the Eugene Code, 1911, i s amended by add-
ing a new Subsection ~2} thereto, to provide:
9.140 Building Official Decision.
~2} Within five days~of the decision, the building official shall
mai 1 a not i ce of the decision and of the opportunity to appeal to the appl i -
cant, parties, persons who have requested notification, and owners and occu-
pants of property 1 ocated within 100 feet of the subject property, Un1 ess
appealed, the decision i s effective on the 11th day after notice of the deci -
sion is mailed.
Section fib. Section 9.142 of the Eugene Code, 1911, i s amended to pro-
vide:
9.142 A eal.
~1} Building official variance decisions and other building offi-
c i al decisions relating to his or her interpretation of this code may be
appealed to the hearings official within ten days of the date of mai 1 ed
notice of the decision or interpretation, on a form provided by the city.
An appeal may be taken by the owner, appl icant, a party, an adversely affect-
ed person ar a person entitled to notice of the bui 1 di ng official deci s i an .
Variance appeals shall state how the building official failed to properly
evaluate the proposed variance or make a decision consistent with applicable
criteria.
~2} Unless the applicant and appellant agree to a longer period,
an appeal shall be cans i dered at a publ i c evidentiary hearing within 45 days
of its receipt. The hearing notice and procedures shall conform with the re-
qui rements for quasi -judicial hearings provided i n sections 2.390 to 2.400
of this code. At least 20 days prior to the hearing, the city shat 1 mai l
notice thereof to the applicant, appel 1 ant, persons who requested noti f i ca-
tion of the building official's decision, and persons entitled to notice
under section 9.138 of this code .
~3 } Within 15 days of the close of the hearing and the record,
unless the applicant and appellant agree to a l owger peri ad, the hearings
official shall render a decision and mail a notice thereof within five days
of the decision to the applicant, appellant, and persons who have requested
notification. The hearings official's decision is final.
Section fig. Subsection ~ 1} of Section 9.101fi of the Eugene Code, 1971,
is renumbered ~8}, and a new Subsection ~1} added thereto, to provide:
9.101fi Sign Code -Approval of Perm~t._Ap„p„,,,cation.
~ 1 } When the decy s~i on an the s~i gn permit app1 i cat i on involves
interpretation of the provisions of the Eugene Sign Cade or the exercise of
j udgment, a not i ce of the decision and of the opportunity to appeal shall be
Ordinance - 59
mai 1 ed to the applicant and to owners and occupants of property 1 ocated wi th-
in 104 feet of the subject property.
~8} A decision granting or denying a sign permit may be appealed
to a heari ngs official . The provisions of section 9.742 of this code appl y
to such an appeal . The decision of the hearings off i ci a1 i s final .
Section 10. Subsection ~d } ~3 } of Section 9.1020 of the Eugene Code,
1911, i s amended to provide
9.1020 S~_gn Code -General Pro,v~sions. All signs shall comply with the
fol 1 owi ng standards: ~~~ ~~
~d} Location standards.
~3} Projecting over the public way. Except as specified
in sectian~~9.1039 ~Cen~tral Commercial Sign District}, no pri-
vately awned sign may project aver any public right-of-way.
Section 11. Subsection ~ f } ~ 2 } e of Section 9.1039 of the Eugene Code,
1971, is amended to provide:
9.1039 Si n Code -Central Commercial Si n District. The central commer-
c i al sign district i s hereby created and applied to al 1 property
within the central commercial district as set forth below. Signs are res-
tri cted i n recognition of the high density usage of these areas, where pedes-
tri an traffic i s heavy and vehicular traffic i s commonly 1 i mi ted .
~ } ovisions. The fallowing signs are subject to
Special r. ~~,,._... ~.
special provisions:
~2} Awnings, marquees and projecting signs may project
over public rights-of-way, and shall not requi re a revocabl e
permit under chapter 1 of this code.
e. No sign may project from a building at the cor-
ner of two streets more than one foot for every five
feet of distance from the point where the building wall
on which the sign is attached would intersect the curb
i f that wal 1 extended to the curb. ~ See figure 16. }
Section 12 . Subsection ~ a } of Section 9.1041 of the Eugene Code, 1911,
is amended to provide:
9.1041 Sign Code, -Highway C,ommerci,al,,,,,S~gn District. The highway commer-
ci al sign district i s ~~hereby created ~ and applied to all 1 and as set
forth below. Signs in this area are regulated to accommodate the mixed uses
of the areas and the presence of major streets with high traffic volumes.
~a} Corres ondin zonin districts. The provisions of thi s
section apply to that property within the Riverfront Special Devel -
Ordinance - fi0
opment District 1 acated within 200 feet of the Franklin Bout evard
center line and to property within the C-1, C-2, C-3, C-4 or any
industrial zoning district with frontage along the following named
streets:
~1} West 11th Avenue from 200 feet east of the center-
1 i ne of Chambers Street to Terry Street;
~2} Highway 99 North;
~3} Garfield Street from 11th Avenue to West 5th Avenue;
~4} 6th Avenue;
~5} 7th Avenue;
~ fi} Rai 1 road Bout evard;
~7} Coburg Road to 200 feet north of Frontier Drive;
~8} Mill Street from Broadway to Coburg Road;
~9} Franklin Boulevard to I-5;
~ 10} Goodpasture I s1 and Road from the intersection of
Palley River Way north 1,700 feet;
~ 11 } Bel tl i ne Road from 11th Avenue to Roosevelt Boulevard
X12} I-105 from the Coburg interchange to Scout Access
Road;
X13} I-5 from Henderson Avenue to 300 feet north of Laurel
Hi 11 Drive; and
~ 14} The northeast side of I -5, from 120 feet southeast of
Henderson Avenue to 1,330 feet southeast of Henderson Avenue.
X15} East Broadway from Mill Street to its intersection
with Franklin Boulevard.
Section 13. Subsection ~f}~1} of section 9.1043 of the Eugene Cade,
1911, i s amended by add i ng a new subparagraph e . thereto, to provide
9.1043 Si n Code -Industrial Si n District. The industrial sign dis-
tri ct i s hereby created and applied to al 1 property within the
industrial sign district as set forth bet ow. Signs i n this district are regu•
fated to accommodate the minimal street frontage of most parcels in the dis-
trict and the general proximity to highways and arterial streets.
~f} S ecial rovisions -billboards. In addition to all other
standards, bi 11 boards i n this district shall be subject to the
following standards:
~ 1 } Bi 11 boards shal 1 be permitted only along property
which abuts the fol 1 owi ng named streets
a. Garfield Street north of 5th Avenue to the
intersection of Roosevelt Boulevard .
b. Seneca Street north of 11th Avenue to the inter-
section of Roosevelt Boulevard.
c. Bertelsen Road north of 11th Avenue to the i nter-
sects on of Roosevelt Boulevard.
d. Obi a Street north of 11th Avenue to the end of
the street, but no further north than the intersection of
Stewart Road.
e. West 11th Avenue from 200 feet east of the
centerline of Chambers Street to Terry Street.
Ordinance - 61
Section 14. Section 9.1150 of the Eugene Code, 1911, is amended to prv-
vide:
9,1150 Pur ose. In order to defray the expenses connected with any
application under this chapter, the city shall charge and collect
the fees set by the city manager pursuant to section 2.02a of this code.
Section 15. Sections 9.1114, 9.1116, 9.1118, 9.1180, 9.1182, 9,1184,
9.1186, and 9.1188 of the Eugene Code, 1911, are amended to provide:
9,1114 Official Action. A11 officials, departments, and employes of the
city, vested with authority to issue permits, certificates ar
licenses, shall adhere to and require conformance with the requirements of
this chapter.
9.1176 Inspection and Right of Entry. Whenever they shall have cause to
suspect a violation of any provision of the zoning ordinance, sign
code, ar land division ordinance, or when necessary to investigate an appli-
cati on for or revocation of any zoning, sign, 1 and division, or other 1 and
use approval under any of the procedures prescribed i n this chapter, of f i -
ci a1 s responsible for enforcement or administration of this chapter, ar
their duly authorized representatives, may enter on any site ar into any
structure for the purpose of investigation, provided they shall da sa in a
reasanabl a manner. Na secured building shal 1 be entered without the consent
of the owner or occupant. No owner or occupant or agent thereof, shall,
after reasonable native and opportunity to comply, refuse to permit such
entry.
9,1118 Abatement. Any use or sign which i s established, operated,
erected, moved, altered, enlarged, painted, or maintained con-
trary to the zoning ordinance or sign code shall be and is hereby declared
to be unlawful and a publ i c nuisance, and may be abated as such .
9.1180 Building 4ff~c~a~ . It shall be the duty of the designated city
off i ci a1 to enforce the provisions of this chapter pertaining to
1 and use and signs and to the erection, construction, enlargement, al tes-
t i on, repair, moving, removal , conversion, demolition, occupancy, equipment,
use, height, area and maintenance of bui 1 di ngs, structures, and signs . The
enactment or amendment of this chapter or of any ordinance herein shall not
i Huai i date any prior, existing ar future prosecutions for violation of the
zoning or sign regulations committed under previous, applicable provisions
of this chapter then in effect.
9.1182 Legal Proceedings by City Attorney, The city attorney, upon
Ordinance • 62
request of the city manager, sha11 institute any necessary 1 egal
proceedings to enforce the provisions of this chapter.
9.1184 Enf arcement by Chief of Pot i ce . The chief of police and his or
her authorized representatives shall have the power, upon request
of the city manager, to assist i n the enforcement of the pravi si ons of thi s
chapter.
9.118fi Suits in Equity to Enjvin Violations. 4n direction of the desig-
nated city of f i~ci al , the c~ ty attorney may i nsti tute a sui t i n
equity i n the Circuit Court of the State of Oregon pursuant to the provisions
of ORS 30.315 to enjoin the maintenance of any use, occupation, building,
structure or sign ar the carrying on of other conduct or activities i n vi o-
lation of any provision of the zoning ordinance, sign code, land division
ordinance, or other previsions of this chapter.
9.1188 Remedies -Cumulative. It is the intent of this chapter that the
remedies provided for in sections 9.1174 to 9.1190 be cumulative
and not mutua1l y exclusive .
Section 1fi. The City Recorder, at the request of, ar with the concur-
rence of the City Attorney, is authorized to administratively correct any
reference errors contained herein or i n other pravi sions of the Eugene Code,
1971, to the provisions added, amended, or repealed herein .
Passed by the City Council this
22nd day of April, 1991
City Recor er
Approved by the Mayor this
2Znd day of April, 1991
,~
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ordinance - fi3
CITY OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY -CIVIL DEPARTMENT
Tb: Kathy Fieland, City Recorder's U#I~ce Date; May 20,1991
Subject: Administrative Corrections - Ordinance Nos. 19770 and 19771
Ordinance Number 19771 adopted by the Council and approved by the Mayor on
April 22,1991 amended various sections of the Code related to mobile homes, and in most
instances changed the "mobile home" references to "manufactured dwelling." The matrix
in EC § 9.439 contains two references which were not amended by Ordinance No.19771,
which we request you correct admuustratively pursuant to Section 15 of that Ordinance.
They are: "Mobile home sales/service" and "Mobile home repair," which should be
changed to "Manufactured dwelling sales/service" and "Manufactured dwelling home repair"
respectively and rearranged alphabetically in the matrix, Both remain conditional uses i.n
the C-2 and Permitted in the C-4 districts.
Ordinance Number 19774, adapted at the same meeting, contains a scrivener's
error in Section 6 of the Ordinance amending EC § 2.411. Subsection ~4}~d} was
unintentionally omitted. It reads:
"~d} Unless appealed, board decisions are effective on
the 11th day after notice of the decision is mailed. Before
moving or demolishing an historic property, the applicant shall
obtain the permits required by chapter S of this code."
Please make these corrections when you do the online programming,, and attach
copies of this memo to the two Ordinances. If you have an uestians, lease call.
Yq p
G, LUNG, '~VATKINSUN, ARNULD
& , P.C. - CI ATTORNEYS
~motby J. com e
TJS:jw
cc: Gary Chenkin