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HomeMy WebLinkAboutOrdinance No. 19315ORDINANCE NO. 19315 AN ORDINANCE CONCERNING RESIDENTIAL ZONING DISTRICT REGULATIONS; AMENDING SECTIONS 4.355, 4.375, 4.990, 7.180, 7.197, 9.015, 9.060, 9.095, 9.268, 9.210, 9.308, 9.322, 9.336,:9.364, 9.378, 9.402, 9.439, 9.440, 9.443, 9.496, 9.498, 9.502, 9.510, 9.534, 9.540, 9.542, 9.544, 9.546, 9.550, 9.556, 9.562, 9.567, 9.592, 9.607, 9.808, AND 9.810 OF THE EUGENE CODE, 1911; REPEALING 5ECTIDNS 9.254, 9.310, 9.312, 9.324, 9.326, 9.338, 9.340, 9.350, 9.352, 9.354, 9.366, 9.368, 9.380, 9.382, 9.500, 9.504, 9.548, AND 9.560 OF THAT CODE; ADDING SECTIDNS 9.384, 9.386, AND 9.628 TO THAT CODE; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 4.355 of the Eugene Code, 1971, is hereby amended by deleting therefrom the definitions for "Commercial dog kennel" and "Non- commercial dog kennel", Sectian 2. Section 4.375 of the Eugene Cade, 1971, is hereby amended to read and provide as follows: 4.315 Licenses, Fees and Exce tions. ~1~ Do licenses. ~a} Every owner of a dog which has a set of permanent canine teeth or has attained the age of six ~6~ months, whichever event occurs first, shall immediately obtain a license far the dog. ~b~ Licenses shall be valid for one ~1} year from the dale of issuance or until the sale or gift of the dog, whichever first occurs. ~c~ No 1 i cense sha11 be issued unti 1 a certi f i cate of vaccination for rabies, val i d for the 1 i cense year, i s presented to the dog control authority. ~d} Dog owners sha11 renew the dog license before it becomes delinquent for as long as they own the dog. ~e~ A license tag issued to a dog owner sha11 be attached securely to a collar or harness on the dog for which it was issued. Tf a license tag is lost, the awner may obtain a duplicate license tag upon satisfactory proof of loss and payment of the required fee. ~2} Fees. The dog license fee which is due and payable upon the issuance of a license, and the other fees required to be paid under the provisions of this Code shal 1 be a fol 1 ows; . Ordi ~~ar~ce: - 2 1 Dag license Fee - Unneutered Fee ...................... $5,00 Dog License Fee - Neutered Fee ........................ 2.00 Dog License Fee - Owners 65 years of age or older,..,. 2.Q0 Duplicate License ..................................... 2.00 Impoundment .......................................... 2D.00 Daily Care per day maximum} ......................... 3.54 Watchdog Permits ..................................... ~O.OD ~3} License Fees - Exce Lions. ~a} No license fee shall be required for any dog owned by a blind person who uses the dog as a guide, A license shall be issued for such dog upon proper proof of rabies vaccination and upon filing of an affidavit by the blind person showing such dog to come within this exemption, Such affidavit shall be filed with the dog contral authority. fib} Dog owners applying for the neutered dog license fee must present to the dag control authority a certificate f ram a licensed veterinarian stating that the dog to be licensed has been neutered. ~c} After application upon a form to be provided by the dog control authority, a permit may be issued to the licensed owner of a dog to use that dog as a watchdog. The fee for such permit shall be in addition to the individual dog license fee, ~d} Dog owners 65 years of age or older applying for the dog license fee for awners 65 years of age or alder must present to the dog control authority proper proof of rabies vaccination and proper proof of age. fie} Only as part of a publicized city-wide campaign to license dogs owned by residents of the city and fora period not to exceed 30 days, periodically the city manager may waive all or part of the neutered dog license fee required in subsection ~2} of this section . Section 3. Subsections ~I}, ~5}, and ~9} of Section 4.99D of the Eugene Code, X971, are hereby amended to read and provide: 4.990 Penalties - S ecific. . ~1} Violation of section 4.354, 4.3753}~c}, 4.380, 4.4101} 3 ~} ~4} ~s punishable by fine not to exceed $25. ~5} Violation of any part of sections 4,872 to 4.818 is punish- able by fine not exceeding $1Q0. ~9} Violation of sections 4.310, 4,3751}~c}, 4.3151}fie}, 4.415 and 4.440 ~s punishable by fine not to exceed $50. Section 4. Subsection ~b}1. of Section 7'.180 of the Eugene Code, 1911 is hereby amended to read and provide; Ordi~ar~ce~ - 3 7.lso fib} Alley im rovement assessments. A11ey improvement assess- ments sha11 be apportioned as fellows: 1. The front footage of a parcel of property along the a11ey sha11 be ascertained and that footage sha11 be weighted on the basis of permissible use of the parcel under the zoning of the city, by: multiplying the footage by the factor indi- cated for that use in the following table: Zone ~artnr AG, RA, R-1 1.Q R-2 2.0 R-~ 5 . Q R-4 10.4 C-1, C-Z, C-3, C-4, GD 10.D Dther 1.0 ~- 1p,0* *According to the most intensive use of the parcel and to the zone listed above in which that use is allowed, which has the lowest factor. Section 5. Subsection ~1}~a} of Section 7.197 of the Eugene Code, 1971, is hereby amended to read and provide: 7.191 Local 1m rovements - Deferral of Assessment Payment - Eli ibility Based on Belay of Benefit. ~1} Collection of the portion of the street construction assess- ment representing the costs in excess of that fora 28-foot street may be deferred if: ~a} The property is located in an R-1 or RA zoning district and is undeveloped; or Section 6. Section 9.Q15 of the Eugene Code, 19?1, is hereby amended to read and provide: 9.015 Definitions. As used in this chapter, unless the context requires otherwise, the following words and phrases mean: Abut. Contiguous to; for example two lots with a common property line. Access. The place, means or way by which pedestrians or vehicles have safe, adequate and usable ingress and egress to a property, use or parking space. Accessory ,,bui „ding. Any detached subordinate building the use of which i~s~inc~~ental, appropriate, and subordinate to that of the main building or use on the same development site. Accessory use. A use incidental to the primary use of the lot or a building located on the same lat. A11ey. A public right-of-way for automobile traffic used for Drdi.~a~ce ; - 4 secondary access to the rear or side of property, or, in the case of an alley access parcel, for primary access. Alley access arcel. A parcel abutting an alley and created from the rear portion of an existing lot or parcel according to alley access provisions of the Eugene Code, 1911. Amendment. Either ~1~ an amendment to or a change in the text of the Land Qivision or Zoning ordinance, or ~~} a change in zoning designation of a particular lot or lots. A artment house, See "Qwelling, multiple". __ rea under de e l o meet con_,,. ,,,.,~ v _ p _.,,,r ,,trot . That tract of 1 and wi thi n single ownership currently occupied by a lawful user together with any contiguous property in which the owner ar tenant of the tract has a written enforceable legal interest allowing present or future primary possessory rights in that contiguous praperty ~e.g., lease, option to purchase, land sale contract, deed}. Arterial. A street which is used primarily far through traffic, or which by its location will likely be needed for such use in the normal growth of the community. Automobile. Private passenger car. Bed and breakfast facility, A dwelling, as opposed to a hotel, motel, or rooming house, where travelers are lodged far sleeping purposes, with a morning meal provided, and for which compensation is paid and received. Bicycle ,stor,age space. A space for one standard bicycle within an adequately lighted, secure bicycle rack, placed in a paved area. Block len th. The distance measured along all that part of one side of a street which is between two intersecting or intercepting streets, or between an intersecting or intercepting street and a railroad right-of-way, water course, body of water, or undivided acreage. Blood bank. An organization that accepts human whole blood, donated voluntarily, and for which no financial compensation is received. oar Ong and/or room~n h ,,. ,' g ,,ouse . A bui 1 di ng where 1 odgi ng, with or without mea~l~s, ~ ~~_..prov~~ fed for compensation, but not i n- cluding bed and breakfast facilities, nursing homes or group care homes . Buildin A structure built and maintained far the support, shelter or enclosure of persons, motar~ vehicles, animals, or per- sonal or real property of any kind. Buildin„~_ hei„~„ht. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of that building. The reference datum shat 1 be whichever of the following two measurements results in the greater building height see Figure 1~: 1. The reference datum is the lowest grade when the highest ground surface wi thi n a f i ve~-foot hori zantal distance of the exterior wall of the building is not mare than ten feet above that lowest grade. Note: See also . 7rdi ^~!dnce ~ - definition of "Grade."} 2. The reference datum is ten feet higher than the lowest grade when the ground surface described in item ~ above is ten feet ar more above that lowest grade, Note: See al sa def i ni ti an of "Grade. "} Bui1din main. A building within which is conducted the principal use permitted on the lot. Bui 1 di nq of f i ci:al . The superintendent of the bui 1 di ng di vi - sian or his/her designate, Cam us livin or anization fraternity, sorority or dormitory . A living organization having a common kitchen, but providing fac~1it~es for student housekeeping, which has received official sanction from an i nst~ tuti on of higher 1 earni ng. Cemeter , Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of the cemetery, Clinic. Single or multiple offices for State of Dregon licensed physicians, surgeons, dentists, chiropractors, osteopaths, and other members of the healing arts. A "clinic" may also include a dispensary primarily to handle merchandise customarily prescribed by occupants in connection with their practices. Clinic, small animal. A business establishment in which veterinary services are rendered to small domestic pets on an outpatient basis with no overnight boarding allowed except for medical emergency or postsurgical observation ancillary to veterinarian services. Collector street. A street other than an arterial which is used primarily for carrying traffic to one or more arterials. Commission. The Eugene planning commission. Com act/sub-com act vehicle. A motor vehicle that has a turning diameter of 36 feet ~ inches or less. Controlled income and rent housin A hauling project spon- sored by a public agency, a non-profit housing sponsor, a develop- er, a combination of the foregoing, or other alternatives as pro- vided for in the Qregon Revised Statutes or Federal Statutes to undertake, construct, or operate a controlled income and rent housing project. Corner lot or arcel. A lot or parcel with two or mare adja- cent front 1 of 1 i nes i n which the interior angle farmed by the extensi ans of the front 1 of 1 i nes i n the direction which they take at their intersections with the side lot lines forms an angle of X35 degrees or less, In the event a street front lot line is a curve at its point of intersection with a side lot line, the tan- gent to the curve at that point shall be considered the direction of the front 1 of 1 i ne . ~ See Figure 6. } Covera e. See "Lot coverage", Day care facility. An institution, establishment or place which far compensation provides board, care, or training for three or more persons, apart from their parents, guardians, or persons related by blood or marriage. Day care does not include temporary care for adult indigent persons. Desi Hated city official. The city manager and any officer Drdi~nance - 6 or employe designated by the city manager to perform duties outlined in this chapter. Deye__1_opm_ent _si to . A tract of 1 and under common ownership or control, either undivided or consisting of two or more contiguous lots of record. Division of 1 and. creation of 1 ots or parcels. Doctor or dental office. See "Clinic". Doub_e_ f rontage: l of^or parcel . See "Through 1 ot" . ,~ Drainage Viand, Land required for drainage ditches or required along a natural stream or water course for preserving the channel and providing far the flew of water therein, to safeguard the public against flood damage ar the accumulation of surface water. Duplex division lot. A parcel of 1 and containing one unit of an existing duplex structure and resulting from the 1 egal division of a conforming duplex lot as specifically provided for in this chapter. Dwellin A building, or portion thereof, occupied in whale or in part as a home, residence, or sleeping place, either perman- ently or temporarily by one ar more families, but excluding hotels, motels and tourist courts. Dwelling,.. duplex. A building designed or used exclusively for the occupancy of two families living independently of each other and having separate housekeeping facilities for each family. Dwelling, multiple . A bui l di ng designed and used for occupancy by three ar more families, all living independently of each other, and having separate housekeeping facilities for each family. Dwelling, quad or quint. A dwelling unit consisting of four or more rooms used for both living and sleeping purposes designed around a core kitchen and intended primari 1y for occupancy by unrelated individuals, Dwelling room. An enclosed room containing more than 74 square feet of floor space and commonly used for living purposes, but excluding: 1. Cabbies, halls, closets, storage space, 2. Unfinished attics, cellars or basements. 3. Bathrooms, utility rooms or kitchens or other cooking spaces. 4. Dinette alcoves, dinettes or other dining spaces, if these are not separated by walls or doors from other dwelling rooms or cooking spaces. 5. Dining rooms i n dwel 1 i ng units containing three or mare bedrooms. The room count for any dwelling unit is the number of dwelling roams plus the constant figure of ~-1/~, which represents the nondwelling rooms listed above. The minimum count fora dormitory or hotel type of structure is two far each dwelling room. Dwelling, single family attached. A building designed or used far the occupancy of one family, with housekeeping facilities for only one family, and attached by a common wall to one or more single family dwel 1 i ngs at the property 1 i ne~ of an adjoining 1 ot. I Grdin.~nce~- 7 we i l i n sin l e f am ~ ..,,,,_,~ _, _, ~ , _ ~~ ,,. ,.,.,g .,__,,,. ' 1y detached. Except for accessory units as permitted ~n RA and R-1 districts, afree-standing building de- signed or used for the occupancy of one family, with housekeeping facilities for only one family. ~~e1ling unit. Gne ar more interconnected rooms designed, constructed, or used as independent living facilities for one family, including independent provisions for sleeping and cooking. See the Eugene Specialty Codes for additions] specifications.} Family, Gne or more persons occupying a single housekeeping unit and using common housekeeping facilities; provided, unless all members are related by blood, marriage, or adoption, no family consists of over five persons. In addition to persons related by blood, marriage, or adoption, a family also consists of up to five guests requiring home care. Flaodway. The channel of a watercourse required to provide for passage of a one percent chance flood, Grade ,adjacent ground ,,,el eyati one . The 1 owest point of elevati~an of the finished surface of~ the ground, pavin or g~ sidewalk within an area between the building and the property line or, when the property line is more than five feet from the building, between the building and aline five feet from the building. See Figure 1.~ Gross floor area. The floor area of a building, except areas used exclusively far the service of the building, such as: mechanical equipment spaces and shafts; elevators; stairways, escalators and ramps; rest rooms; loading docks ar ramps. Group care home. A home or private institution, including those administered or supervised by a federal, state, or local agency, for the care, boarding, housing or training of three or more physically, mentally, or socially dependent persons requirin home g care, by anyone who is not the parent or guardian of and is not related by blood, marriage, or legal adoption to the persons served. "Group care home" does not include temporary .housing ar other support services for adult transitory individuals. Nome occu ation. An occupation or profession carried on by a member of the family residing on the premises. Note: See required performance standards in this chapter. Has i tai . An i nsti tuti on devoted primarily to the rendering of ~4 hour healing, curing and/ar nursing care, which maintains and operates facilities far the 24 hour diagnosis, treatment and care of two or more non-related individuals suffering from illness or injury, or where obstetrical or other healing, curing and/or nurs- ing care is rendered. Hos ital, small animal. A building, together with animal runs, in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats and other small animals and domestic pets, Hotel motel motor hotel tourist court . A building or group of buildings used far transient residential purposes containing six or more guest rooms without housekeeping facilities which are designed to be used, rented, or hired out for sleeping purposes, Industrial ark, Any planned industrial development designed . Urdi na:nce ~- 8 as a coordinated environment fora variety of industrial and in- dustrially related activities, having a comprehensive development plan that ensures compatibility among planned uses as well as com- patibility of those uses with adjacent properties, which occurs on a parcel or adjacent parcels under single ownership or development control. interior lot. A lot or parcel, other than a corner lot or parcel, with frontage on only one street. See Figure 7.} Kennel. A lot or premises on which three or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care, whether or not for compensation. An adult dog is one that has reached the age of four months. g,,,,,,,, ,ace . An off -street space or berth on the same 1 of oa ~n sP.._.~ with a main building or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or un- loading, which abuts a street, alley or other appropriate means of ingress and egress. Local street. A street used primarily for access to abutting property~s}. Lat. A unit of land that is created by the subdivision of land as provided for in this chapter. Otherwise, the words "lot" and "parcel" are used interchangeably. Note: See also defini- ti on of "Lot of record."~ _ of coo„ ,er,ac~e . That portion of a 1 of which, when viewed directly from above, would be covered by a building or structure, or any part thereof, except any area covered by a building or structure where 50 percent or mare of the perimeter of the build- ing or structure is open from grade, Lot or arcel front line. A lot or parcel line abutting a street. For corner lots ar parcels the lot or parcel front line is that with the narrowest street frontage. For double frontage lots or parcels the lot or parcel front line is that having front- age on a street that is so designated by the land divider and approved as part of a subdivision or partition as provided for in this Code. See Figure 5. } Lot f ronta~e. That portion of a lot nearest the street. For the purpose of determining yard requirements, al 1 sides of a lot adjacent to a street shall be considered frontage and yards shall be provided as indicated under yards in this chapter. Lot or arcel interior lines. Lot or parcel side and rear lines, except those abutting a street. ~5ee Figure 5.} Lot or arcel rear line. The lot or parcel line that is apposite to and most distant from the lot or parcel front line. See Figure 5.} Lot or arcei side line. Any lot or parcel line that is not a lot or parcel front or rear line. See Figure 5.} Lot de th. The distance between the rnidpaints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side.lot lines in the rear. See Figure 5.} Lot width. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard. See Figure 5.} Alley ~rdina.nce ~- 9 . . ,. ,, r access parcel width is the distance between side lot lines meas- ured along the alley property line. . Lat of record. A lot or parcel that is on record at the Lane County Recorder's office and that conforms with all applicable state and local land use requirements, including approval thereof, in effect when recorded. Major artition. A partition that includes the creation of a road or street, Mai. A final diagram or drawing concerning a major partition. Master road„_,plan. The Eugene Planned Street and Highway Right-of-day P~l an . Minor partition. A partition that does not include the creation of a road or street. Mobile attended collection center. A temporary, portable structure or trailer placed on or near private parking areas by charitable non-profit organizations to collect used household goods, clothing, or other useful materials. Mobile home. A vehic le ar structure that ~1} is identified as a mobile home by the manufacturer, ~2} bears a state mobile home insignia, ~3} is constructed for movement an public roads and highways, ~4} has sleeping, cooking, and plumbing facilities, ~5} is intended for human occupancy, and ~6} is intended for residential use. Mobile home accessary building or structure. ~1. Any awning, portable, d~emountab~e ar permanent cabana, ramada, carport, parch, skirting or steps established for use of the occupant of the mobile home and which i s designed or intended to be attached to and which depend, in whole or in part, upon the mobile home for structural support. ~. Prefabricated and site-built mobile home accessory buildings and structures not dependent in whole or in part upon the mobile home for structural support. Mobile home ark. Any place where four or more mobile homes are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person fora charge or fee paid or to be paid for the rental or use of facilities ar to offer space free in connection with securing the trade ar patronage of such person. Motel or tourist court. See "Hotel". Noncanfarmin lot. A parcel of land which lawfully existed as a lot on March 15, 1968, or which is legally created after March 15, 1968, but in either case, does not now conform to the lot area and lot dimension standards for the district in which it is located. Nanconformin use. A use of a building or land which lawfully existed on March 15, 1968, and which is not now a use permitted in the district in which it is located. Nursing home. A home, place or institution which operates and maintains facilities providing convalescent or chronic care, or both, fora period exceeding 24 hours for two or more ill or - Ordi~rance~- lD infirm patients not related to the nursing home administrator or owner by blood or marriage. Convalescent and chronic care may include, but need not be limited to, the procedures commonly employed in nursing and caring for the sick. Outdoor _~ i yi ng ar_ea. Outdoor or semi--outdoor area designed to provide a pleasant~~and healthful environment for the occupants of dwelling units served. It includes natural ground area, paved and rooftop areas, balconies, parches, patios, terraces, verandas, and similar areas developed for active ar passive recreational activities. Portions of exterior balconies required for building exits are not included in "outdoor living area." Owner. An individual, association, partnership, or corpora- tion having legal or equitable title to land other than legal title held only for purpose of security. Panhandle lots or parcels. Lots or parcels that the city has approved with less frontage on a public street than is normally required. The "panhandle" is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage. Parcel. A unit of land that is created by the partitioning of land as provided for in this chapter. Otherwise, the words "parcel" and "lot" are used interchangeably. Parkin area, rivate. Privately or publicly awned property, other than streets and alleys, used for motor vehicle parking by the tenants, employes, customers, patrons, or owners of the prop- erty for which the parking area is intended, and which is not open for use by the general public. Parkin area ublic. Privately ar publicly owned property, other than streets or alleys, identified for motor vehicle parking either i n full or i n part by the general public, and either free or for remuneration. Parkin ara a rivate. A publicly ar privately awned structure having one or mare tiers of height, used for the parking of motor vehicles by the tenants, employes, customers, patrons, or owners of the property far which the parking spaces contained in or on the garage are intended and are not open for use by the general public. Parkin ara a ublic. A publicly or privately owned struc- ture having one ar mare tiers of height, used far motor vehicle parking and open for use either in full or in part by the general public, either free or for remuneration. Parking space. A permanently maintained space with proper access for one automobile as indicated in this chapter. Partition . Either an act of partitioning 1 and, or an area ar tract of land partitioned as provided for in this chapter. Partition land. Division of an area or tract of land into two or three parcels within a calendar year when that area ar tract of land exists as a unit or contiguous units of land under single ownership at the beginning of that year. "Partition land" does not include: 1. Divisions of land resulting from lien foreclosures; 2. Divisions of land resulting from the creation of cemetery lots; Drdi ~~nce ~- ~I f 3, Adjustment of a lot or parcel line by the relocation of a common boundary where an additional parcel or lot is not created and where the existing parcel or lot reduced in size by the adjustment is not in conflict with any applicable law or ordinance, including but not limited to provisions pertaining to minimum area, frontage, average width and required setbacks; 4. Di visions of land resulting from foreclosures of recorded contracts for sale of real property; and 5. The sale of a lot in a recorded subdivision, even though the 1 at may have been acquired by a single owner with other contiguous lots or properties prior to the sale. Partitioner. An owner commencing proceedings under this chapter to effect a partition of land individually or through an agent. Performance a reement or band. A financial commitment as required by the city and executed by an Oregon licensed surety company in an amount equal to the full cost of construction and improvements as required in this chapter, and conditioned upon the faithful performance thereof. Petition for im rovement. A petition as required by the city and submitted to and approved by the council far construction and improvements as required by this chapter. Plannin director. The director of the planning department of the City of Eugene or hi s~/her designate. Plat. A final diagram, drawing, or replat containing all the descriptions, locations, specifications, dedications, provisions and other information required by this chapter concerning a subdi- vision, Private access a reement. A recorded legal document in which one property owner irrevocably grants to the owners of one or mare neighboring lets or parcels, and their successors in interest, a city appproved right to pass over his or her property to gain access to a public or approved private street. Recreational vehicle, A vacation trailer or other unit with ar without motor power that ~1} is identified as a recreational vehicle by the manufacturer, ~2} bears a state recreational vehicle insignia, ~3} i s designed for human occupancy, ~4} i s to be used temporarily far recreational purposes, and ~5} has a floor area of less than 2~4 square feet including bathrooms and built-in equipment such as wardrobes, closets, cabinets, and kitchen units. Repair garage. A building used for the care and repair of motor vehicles, including major and minor work such as body and fender work or engine and transmission overhaul, and incidental storage or parking of vehicles. Rescue mission. Anon-profit agency providing food, temporary housing, clothing and other support services primarily far adult, transitory individuals. Road ar street, A public or private way, other than a public alley, that is created to provide ingress or egress far vehicular traffic to ane or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to land in conjunction with the use of land for forestry, . Ordi n.~.nce ~- 12 mining or agricultural purposes. A "road" or "street" includes the land between right-af-way lines whether improved or unimproved. SIC. The Standard Industrial Classification Manual, When the acronym "SIC" is used in conjunction with a number, it refers to those establishments that are included in the numbered group in the Standard Industrial Glassificatian Manual, Executive Office of the President, Office of Management and Budget, Washington, D.C,, US Government Printing office, 1972, or as subsequently amended. Service station. A place or station selling motor fuel and of 1 for motor vehi c1 es, sel 1 i ng, servicing and instal 1 i ng tires, batteries, accessories and related products, furnishing minor re- pair and service when conducted entirely within an enclosed build- ing, and at which incidental services are conducted. "Minor re- pair and service," as used in this definition, excludes activities such as painting, body work, steam cleaning, tire recapping, major engine or transmi ssi an overhaul or repair involving removal of a cylinder head or crankcase, and mechanical car washing that in- cludes equipment to wash more than one. car at a time. Solar access. Exposure to available solar radiation during daytime hours for the purpose of allowing solar radiation to be used to meet a portion of a building's energy requirements. Standard size vehicle. A motor vehicle that has a turning diameter of more than 3G feet 0 inches. Street. See "Road or street". Street line. A lot line separating a street from other land. Structure. Anything constructed or built, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Subdivide land. Division of an area or tract of land into four or more lots within a calendar year when the area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of the year. Subdivider. An owner commencing proceedings under this chapter to effect a subdivision of land individually or through an agent. Subdivision. Either an act of subdividing land, or an area or tract of land subdivided as provided for in this chapter. Sun exposure plane. A sun exposure plane is an imaginary, i nc1 i ned plane: See TFi gure 11. ~ 1. Northerly ex osures: Beginning on aline parallel to a front, side or rear property line and IO feet within the abutting property or properties northerly from the northerly line or lines of the development site to which the sun exposure plane applies and projecting thence due south at a 30-degree slope aver the applicable development site. 2. Easterly westerly and southerly ex osures: Beginning on lines parallel to front, side or rear property lines, and five feet within the abutting property or properties easterly, westerly and southerly from the easterly, westerly and southerly lines of the development site to which the sun exposure plane applies and projecting thence due west from the easterly line, due east from the westerly line, and due north from the southerly line, at a 60-degree .ardin~nce ~- 1~ slope over the applicable development site to a maximum distance of 34 feet measured horizontally f~^om each development site 1 i ne. Tentative plan. A preliminary drawing or diagram concerning a partition, subdivision, or planned unit development. Through 1~t. A lot or parcel, other than a corner lot or parcel, with frontage on more than one street. Through lots and parcels with frontage on two streets may be referred to as "double- frontage" 1 ats and parcels. See Figure H. } Tra~_1_er,_ yacati on . See "Recreati anal vehicle" . Trucks light. A truck of one-ton capacity ar less and not bearing a state recreational vehicle insignia. Qse. The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is, yr may be, occupied or maintained. elision clearance area. A triangular area of a corner lot at the intersection of two front lot lines, and through which i t i s necessary to retain vision clearance in the interest of public safety. The two legs of the triangle are of equal length and coincide with the two front lot lines. The apex is located at the intersection of the front lot lines, extended if necessary. The base of the triangle extends diagonally across the corner of the lot intersecting the two legs an equal distance from the apex. See Figure 9.} The size of the triangle and other requirements are specified in this chapter. ~reckin. yard motor vehicles and buildin materials. A premise used for the storage, dismantling or sale of either used motor vehicles, mobile homes, recreational vehicles, machinery and/or building materials, or parts thereof. Yard. Required space on the same lot with a building, unoccupied, and unobstructed from a point 30 inches above grade upward, except as otherwise provided herein. Yard, front. An area extending between lot lines that intersect a street line, the minimum depth to be as required by zoning district standards. See Figure 10.} Yard~_interior. An area adjacent to a property line that is not also a street property line, the minimum depth to be as required by zoning district standards. Interior yards include side and rear yards. See Figure 10.} Section 1. Section 9.OC0 of the Eugene Code, 191I, is hereby amended to read and provide: 9.OG0 Plattin and Ma in Standards - Lots and Parcels. All lets and parcels shall comply with the following requirements. In this section "lots" and "parcels" are used interchangeably. then more restric- tive, related provisions in the zoning ordinance apply, ~a} Lot Area Minimums. Note: Mari ante provisions are not oval 1 abl a for departure from residential lot area minimums. .Ordin.~.nce ~- 14 1. AG Agricultural District .......... 20 acres 2. Residential Districts ............. 4,500 square feet 3. All other districts except T-1 .... 6,000 square feet 4. Exceptions Duplex divisions .................. 3,600 square feet Corner duplex ~1 ots i n RA/R-1 Lots created on or before 3/15/68 5,000 square feet Lots created after 3/15/68 and with frontage of at least 164 feet ... 8,000 square feet Lots annexed after 3/15/68 Existing duplex ................ Existing lot size At least,160 frontage feet ..... 8,000 square feet Tnteriar duplex lots in RA/R-1 .... 8,000 square feet Duplex/triplex/fourp1 ex provisions i n RA/R-1 Duplexes ........................ 8,000 square feet Triplexes ...................... 12,000 square feet Fourplexes ..................... 16,000 square feet A11ey access parcels Original parcel . RA/R-1 ........................ 8,000 square feet R-2, R-3, R-4 ................. 7,200 square feet Both parcels after division RA/R-1 ........................ 4,500 square feet R-2, R-3, R-4 ................. 3,500 square feet Panhandle rear} lots ............. 6,000 square feet Sma11 1 of provisions i n R-2, R-3, R-4 ................... 2,250 square feet Lot of record ..................... Recorded lot size Planned unit developments ......... As per PUD regulations MU/SD uses ........................ As per MU/5D regulations H District ........................ As per H District regulations C1 uster subdivisions i n RA/R-1 .... As per RAIR-1 cluster provi - . lions Tf it is consistent with the purpose and intent of this chapter, the planning director may relax tat area require- ments when it is necessary and suitable in the follawing situations: ~a} Tn the G0, commercial, and industrial zoning districts; and (b} To attain or protect solar access. 5. T-1 District. Each contiguous area located within an individual area designated "special light industrial" on the Metropolitan Area General Plan Diagram, or area that would be contiguous if not separated by streets, roads, easements, natural features, or the like, shall conform to the following site requirements, regardless of ownership: Subsequent to issuance of building permits and ini- tiation of construction of one or two major uses listed `Ordi n~4nce :~ 15 (b) in section 9,443~c} to ~z} when those uses require, or will ultimately require, far their operation a total of at least 50 contiguous acres: Office buildings and complexes: Minimum: Two acres. Maximum: Ten percent of the area zoned I-1. Industrial parks: Minimum: Ten acres. Maximum: None. Other uses listed in sectian 9.443~c} to ~z}: Minimum: Ten acres. Maximum: None. Prior. to issuance of bui 1 di ng permits and initiation of construction of one or two major uses listed in section 9.443~c} - ~z} when thane uses require, or will ultimately require, far their operation a total of at least 50 con- tiguous acres: office buildings and complexes: Minimum: Three acres. Maximum: Ten percent of the area zoned I-1. Industrial parks: Minimum: Ten acres. Maximum: The lesser of 44 acres or 30 percent of the area zoned I-I. Other uses listed in section 9.443(c} to ~z}: Minimum: Ten acres, Maximum: None, Lot Fronta„ge _Mi ni mums. 1. Interior lots ..................... 50 feet 2. Corner lots ....................... 50 feet 3. Exceptions Outer radius of a curved street ... 35 feet measured on the arc Circular end of a cul-de-sac ...... 35 feet measured on the arc Alley access parcels .............. 0 ion alleys} Panhandle to rear parcels ......... As per panhandle lot provisions Small 1 at provisions i n R-~, R-3, R-4 ................... 30 feet Lot of record ..................... Recorded lot frontage Planned unit developments ........, As per PUD regulations MU/SD uses ........................ As per MU/SD regulations H District ........................ As per H District . regulations Cluster subdi vi si ans i n RA/R-1 .... As per RA/R-1 cluster provi- sions Corner duplex lots in RA/R-I ...... See minimum area requirements .Drc~in:ance ~- 16 4. Tf it is consistent with the purpose and intent of this chapter, the planning director may relax lot frontage requirements when it is necessary and suitable in the follow- ing situations: a. Tn GG, commercial, and industrial zoning dis- tricts. b. To attain or protect solar access. c. As per duplex division provisions. d, For parcels separated from streets by reserve strips. ~c~ Lot Width Minimums T. Interior/alley access/panhandle tats .............................. 5D feet ~2. Corner lots ....................... 65 feet 3. Exceptions Duplex divisions .................. 45 feet 5ma11 lot provisions in R-~, R-3, R-4 ..................... 3D feet Lot of record ..................... Recorded lot width Planned unit developments ......... As per PUD regulations MU/SD uses ........................ As per MU/SD regulations H District ........................ As per H District regu1 ati ons Cluster subdivisions in RA/R-T .... As per RA/R-1 cluster provi- sions 4. Tf it is consistent with the purpose and intent of this chapter, the planning director may relax lot width re-~ quirements when it is necessary and suitable in the follow- i ng situations a. Tn G0, commercial, and industrial zoning dis- tricts. b. To attain or protect solar access. 5. Except for lots on the outer radius of cul-de-sacs, the width between side lot lines where they intersect street lines shall be at least 80 percent of the overall required lot width. ~d} Lot Depths 1. All~~~~~lots .......................... Minimum: 80 feet 2. Average width up to 60 feet ......, Maximum: Average width times 2.5 3. Average width over 60 feet ........ Maximum: Average width times 3.0 4. Exceptions 5ma11 lot provisions in R-Z, R-3, R-4 ................... Minimum: 75 feet Maximum: Average width times 5.5 w/planning di- rector approval .~Jrdin~~nce ~- 17 Lot of record .................... Depth as recorded A11ey access parcels ............. As required by area and width minimums Planned unit developments ..,...,. Asper PUD regulations MU/SD uses ....................... As per MU/SD : regulations H District ....................... As per H District regulations Cluster subdivisions in RA/R-1 ... As per RA/R-~ c1 uster provi ~- sions 5. If it is consistent with the purpose and intent of this chapter, the planning director may relax lot depth re- qui cements when i t i s necessary and suitable i n the fol 1 aw- ing situations; a. In G0, commercial, and industrial zoning dis- tri cts . b, Ta attain or protect solar access, fi e} Dupe ex.,,,,, Di n i s i on s The pl ann~~ng d~~i rector may authorize width, area, and .frontage exceptions for duplex division lots provided: 1. It is consistent with the purpose and intent of the Land Division Ordi nance~. 2. The existing lot is occupied by a duplex that con- forms to all applicable regulations. 3. A single family structure wi11 not replace or be added to the lot. 4. The existing lot contains at least $,ODD square feet. 5. The resulting lots will be relatively equal in size with the maximum difference equal to ten percent or less of the total area of the original lot. 5. Average lot width is at least 45 feet. 7. Minimum lot area is at least 3,50D feet. $. Each parcel will have independent service unless common service is approved by the affected utility agency and is adequately covered by a city attorney approved ease- ment recorded in the Lane County Recorder's office and estab- lishing the rights, responsibilities, and liabilities of the affected parties. 9. Prior to approval, the planning director may require an applicants} to enter into a written, city attorney approved agreement suitable for recording in the Lane County Recorder's office that establishes rights, responsibilities, and liabilities with respect to maintenance and use of common areas such as, but not limited to, roofing, water pipes, and wiring. ~f} Lot and Parcel Side Lines. As far as is practicable, lot and parcel side lines shall run at right angles to the street upon which the lots or parcels face, except that on curved streets they sha11 be radial to the curve. fig} Suitability for Intended Use. All lots and parcels Ordinance ~ 1S shall be suitable for the purpose far which they are intended to be used. No lot or parcel shall be of such size or design as to be detrimental to the health, safety ar sanitary needs of the residents of the subdivision or partition, or of such lot or par- cel, as determined by the planning director in accordance with the purpose in section 9.010 of this Gode. ~h} Future Subdivision or Partition of Lots or Parcels, where the subdivision or partition will result in a iot or parcel one-half acre or larger in size which in the judgment of the plan- ing director is likely to be further divided in the future, the planning director may require that the location of lot and parcel lines and other details of layout be such that future division may readily be made without violating the requirements of this Cade and without interfering with orderly extension of adjacent streets. Any restriction of bui 1 di ngs within future street 1 ocati ons shall be made a matter of record if the planning director deems it necessary for the purpose of future land division. Section 8. Subsection ~k} of Section 9.095 of the Eugene Code, 1971, is hereby amended to read and provide: 9.095 ~k} ~f access is provided via an existing unimproved alley, a petition for improvement i s required. The ai 1 ey must be ab1 e to provide automobile and emergency vehicle access to a public street. Section 9. Section 9.254 of the Eugene Code, 1911, is hereby repealed. Section 10. Subsection ~a} of Section 9.26H of the Eugene Code, 1971, is hereby amended to read and provide: 9.268 Establishment and Designation of Use Districts and Sub-Districts. n order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height and size of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, the following classes of use districts and sub-districts are established: ~a} Use districts. AG Agricultural district. RA Suburban residential district. R-1 Low density residential district. R-2 Limited mu1 ti pl e family residenti a1 district. R-3 Multiple family residential district. R-4 High rise multiple family residential district. C~rdina~ce ~- 19 C-1 Neighborhood commercial district, C.,2 General commercial district. C-3 Major commercial district. C-4 Commercial-industrial district. GG General office district. T-1 Special Tndustrial district. T-2 Light-Medium i ndustri a1 district. T-3 Heavy: i ndustri al district. PL Public Land. Section 11. Section 9.270 of the Eugene Code, 1911, is hereby amended by adding a new subsection ~4} thereto, to read and provide: 9.270 Elimination and Reclassification of Districts. ~4} The fo]lowing district classification existing prior to March 11, 1985, is eliminated and repealed, and on said date any land or property subject to that district classification i s reclassified to the district classification designated herein: Dld District Title New District Ti tl e RG Garden Apartment Residential R-3 Multiple Family Residential District District Any variance or permit of any kind and any nonconforming use existing pursuant to any repealed district classification may continue under the applicable new district classification but shall not in any manner be extended or enlarged in time or rights. Section 12. The caption preceding it and Section 9.308 of the Eugene Code, 1971, are hereby amended; Sections 9.310 and 9.312 are repealed; Sec- tion 9.322 15 hereby amended and the caption preceding it repealed; Sections 9.324 and 9.326 are hereby repealed; Section 9.336 is hereby amended and the caption preceding it repealed; Sections 9.338 and 9.340 are hereby repealed; the caption and Sections 9.350, 9.352, and 9.354 are hereby repealed; Sec- tion 9.364 is hereby amended and the caption preceding it repealed; Sections 9.366 and 9.368 are hereby repealed; Section 9.378 is hereby amended and the caption preceding it repealed; and Sections 9.384 and 9.382 are hereby re- pealed. O~rdin~nce ~-' 20 Residential Districts Descri Lions and Pur ores 9.308 RA Suburban Residential District. The RA Suburban Residential District is designed to create a semi-rural environment within which certain 1 i mi ted agricultural pursuits are carried on i n con j uncti an with, or in close proximity to, subdivisions and planned unit developments, containing non-farm dwellings. It is the further intent to have key urban services and facilities available within this district. 9.322 R-1 Low Density Residential District. The R-1 Law Density Resi- dential District is an urban classification intended primarily for low density, urban housing to which key urban services and facilities can be provided. This district is not limited to single family detached dwellings, although that residential type is most typical. 9.336 R-2 Limited Multi le Family Multiple Family Residential intended primarily for medium density vices and facilities can be provided. residential structural types normally feet per dwelling unit. Residential District, The R-2 Limited District i s an urban c1 assi f i cati on urban housing to which key urban ser- Thi s district permi is a variety of at densities of up to 2, 65Q square 9.354 R--3 Multi 1 e Family Resi denti a1 District. The R-3 Multiple Fami 1y Residential District as described herein provides for medium density, multiple family housing. It is intended to be situated in close proximity to either the University of Dregon or the central business dis- tr1 Ct. 9.378 R-4 Ni h Rise Multi le Family Residential District. The R-4 High Multiple Family Residential District provides an extremely dense living environment approximately 110 units per acre. Placement of the district needs to be made with great care as public facilities may be easily outstripped by the permitted density. Certain limited commercial uses are allowed conditionally in the R-4 district to serve the needs of the denser population. Section 13, Captions, and Sections 9.384 and 9.385 are hereby added to the Eugene Code, 1971, to read and provide: Residential Districts Uses .Drdina.nce = 21 ~. r 9.384 Uses, The following reflects the uses permitted outright, candi- tianally, or subject to standards ar other requirements of this code within the RA, R-~, R-2, R-3, and R-4 zoning districts; P .............. Permitted outright. C .............. Conditional use permit approval required. P/C ............ Permitted ar conditional See related standard. Std ............ ~n addition to other applicable regulations, section 9.386 includes special standards for the use listed. RA R1 R2 R3 R4 Accessory buildings & Uses Std ~} ....., P P P P P Agricultural Uses ....................... Farm Animals Std ~} ................. P Fowl and Rabbits Std 2} ............. P P P P Plants Std 3} ...................... P P P Sales & Display Stands std 4},...,,.. C Ambulance Service, Private Std 5} ...... C C C C C Bed and Breakfast Std G} ............... C C P/C P P Boarding & Rooming Houses ............... P Campus Living Organizations ............. C P Churches Std 7} ........................ C C C C C Clinics Std 8} ......................... C P/C Clubs, Lodges, Meeting Halls, public & C private ...............,..........,...... Commercial, Limited Scale Std 9} Accountant offices ................... C Attorney Dffices ..................... C Barber/Beauty Shops .................. C Delicatessens ........................ C Grocery Stores ....................... C Medical offices ...................... C Real Estate offices .................. C Restaurants .......................... C Day Care Facilities Std 1Q} 3-5 persons .......................... P P P P P 6 ar more persons .................... C C C C C Dwellings Alley Access Parcels Std 11} ........ P P P P P Cluster subdivisions Std 1~} ,,....., p p Controlled income & rent with increased density Std ~3} ..,..,,.... C C Duplexes Std ~4} .................... P P P P P Fourplexes Std ~5} .................. P P P P P Multi-family Std ~6} ................ P P P P P Panhandle lots Std l} .............. P P P P P Single Family Accessory Units Std 18} P P Single family attached ............... P P P P P Single family detached ............... P P P P P Small lot provisions Std 19} ........ P P P Triplexes Std 15} ................... P P P P P Group Care Faci 1 i ti es .O~~rdi~ance ~- 2~ _ ~ ' l' 3-5 persons .......................... P P P P P 6 or mare persons Std 1D} ,,,........ C C C C C Home Occupations Std 20} ............... P P P P p Hospitals Std 2~} ...................... C C C C Mobile Hame Parks Std 22} .............. C C Mobile Home Subdivisions Std 23} ....... P P Nursing homes ........................... C C C C P Parking Areas ~. Private ............................. C Public ............................... C Parking Garages, Private ................ C Planned Unit Developments Std 24} ...... P P P P P Public & Private Parks, Playgrounds, Golf Courses, Community Centers, Driving Ranges .......................... C C C C P Public & Semi~-Public Buildings Unless Specifically Listed Elsewhere Std 25} ,. P P P P P Schools, Private Std 26} ............... C C C C C Schools, Public Std 2l} Elementary ...................~........ P P P P P Middle ............................... P P P P P High ................................. P P P P P Colleges & Universities .............. P P P C Stables, Commercial Std 28} ..........,. C Residential Districts Special Standards 9.3$6 S ecial Standards For Certain Uses In Residential Districts. ~1} Accessory Buildings and Uses: Must be normal and incidental to bui 1 di ngs and uses perm~~tted~~~ ar pe~r~mi tted condi ti ona1ly. ~2} Farm Animals: ~a} Animals allowed: Rabbits, fowl ono roosters}, cows, horses, sheep, goats, and llamas, fib} Sanitation: Proper sanitation must be maintained for all farm animals. Prager sanitation includes ~~} not allowing farm animal waste matter to accumulate, ~2} taking necessary steps to be sure odors resulting from farm animals are not detectable beyond property lines, and ~3} storing all farm animal food in metal or other rodent proof containers. ~c} Fenci~: Must be designed and constructed to confine all animals to the owner's property. ~d} Setbacks: A11 structures that hawse farm animals must be located at least 25 feet from all existing and future resi- dences except the animal owner`s} and at least 10 feet from in- teri or 1 of 1 i nes. fie} .Lange animal_ lot minimums: 1. Mi ni mum 1 ot~ ~ s~ ze~~~~~of 20, DUO square feet for caws, horses, sheep, goats, and llamas. 2. Minimum area per animal over six months of age: Cows, horses: 14,DDD square feet .Ordinance "~ ~3 Sheep, goats, and llamas: 5,OOO square feet ~f } Non-commercial ,,,p„urposes only: Commercial animal raising i s not al i owed. It i nc~~l~udes breeding or raising animals for sal e or trade and sale or trade of animal products. fig} Rezonin When rezoned to another district, keeping of animals must be discontinued in two years. ~ h} Fowl and Rabbits: Two adult rabbits or fowl ~ no roosters} over six months of age are allowed in all residential districts if they meet the above standards. ~ 3} Agricultural , P1 ants: Via} RA District:~Limited to orchards, tree crops, flower gardening, berry and bush crops, truck gardening, and nurseries far raising and sales of plant materials and other similar enter- pri ses carried an i n the general field of horti cut tune . ~ b} R-1 District: Limited to berry and bush crops, f 1 ower gardening, orchards, tree crops, and truck vegetable} gardening for home consumption. 4 A ri cu1 aural 5a1 e,,,,a_nd_.Di s l,a___ „Stands : Limited tv agricultural } g p y. ............... products produced an the same premises. 5 Ambulance s e r.,,.___„_,,,~ ^_ ~ } vice, private: Satellite foci 1 ity only. No central dispatch or maintenance function. ~6} Bed and Breakfast: ~a} RA and R-1 Districts: 1. The facility shall maintain an up-to-date guest register; 2. The focility shall be owner-occupied; 3. The length of stay for guests shall be a maximum of 15 consecutive nights; 4. The number of guest bedrooms sha11 be limited to two, with a maximum fatal of five guests at any one time; 5. Signing shall be limited to one non-illuminated wall sign with a maximum area of one- and one-half square feet; 5. There shall be at least 400 feet of separation in all directions between facilities, This includes, for example, a 400 foot separation from existing bed and break- fast facilities in commercial zoning districts; 7. 1f an approved foci 1 i ty i s not established wi thi n one year of the approval date, or if the use lapses for over one year, the approval shall automatically expire and a new application shall be required; and, 8. Within one year of approval, the planning director shall review each bed and breakfast facility to ensure all approval conditions are being fulfilled. ~ b} R-2 District 1. The facility shall maintain an up-to-date guest register; 2. The facility shall be owner-occupied; 3. The length of stay for guests shall be a maximum of 15 consecutive nights; 4. The number of guest bedrooms shall be limited to two, with a maximum total of five guests at any one time; 5. Signing shall be limited to one non-'illuminated wall sign with a maximum area of one- and one-half square feet; and Ordinance ~- 24 6. Modification of standards requires conditional use permit approval. ~c) R-3 and R-4 Districts: Total number of guest rooms plus the owner or innkeeper's unit are limited to the number of dwe11- i ng units otherwise permitted i n the district. ~7} Churches: Must conform to special setback requirements in section 9.554. ~$} C1 i ni cs: ~a) R-3 District: No new clinics shall be permitted in the following described area: Beginning on 13th Avenue and Willamette Street then south on Willamette Street to 19th Avenue, then east on 19th Avenue to Patterson Street, then north on Patterson Street to 1$th Avenue, then east on 18th Avenue to Hilyard Street, then earth on Hilyard Street to 13th Avenue, then west on 13th Avenue to Willamette Street. fib) R-4 District: 1, Permitted outright in the following area: Beginning at Broadway and High Street, then south on High Street to 11th Avenue, then east on 11th Avenue to Kincaid Street, then north on Kincaid Street to Franklin Boulevard, then west on Franklin Boulevard and Broadway to High Street. Permitted conditionally except as described i n ~b}2. bel aw. ~. Prohibited in the following area; Beginning at 13th Avenue and Hilyard Street,then south on Hilyard Street to 18th Avenue, then east on 1Hth Avenue to Kincaid Street, then north on Kincaid Street to 13th Avenue, then west on 13th Avenue to Hilyard Street. Clinics in existence on April 14, 1982 within this described area shall remain conditionally pe e- mitted, with expansion of any existing clinic limited to the area under development control by the existing clinic as of December 1, 1981. ~ 9} Commercial , Limited Scale, R~-4 District: ~a) The hearings official may reduce or delete required parking in connection with individual commercial uses upon speci- fically finding that the need for parking as normally required is not likely to exist. fib) Commercial and service uses are allowed on the first floor only. ~c} Each commercial or service use may occupy a maximum of 1,200 square feet of grass floor area. ~d) Buildings occupied by commercial or service uses must contain at least four stories above ground level. fie) Medical offices include licensed physicians and other practitioners of the healing arts. ~ f ) Restaurants do not include dri ve--i n s or walk-ups. ~1D) Day Care and Group Care Facilities: ~a) Day care ~~faci~~~~ties established after September 21, 19$3 must conform to the fallowing standards: 1. Unless modified through the conditional use permit procedure, one parking p1 ace per outside emp1 oyee i s required in addition to normally required parking for other uses on the property. 2. Unless modified through the conditional use permit Ordinance - 25 procedure, there must be at least 40D feet between day care facilities of six or more persons. 3. Education programs offered as a primary acti v.i ty or specialized training in activities such as dance, drama, music or religion must be limited to preschool children, 4, Providers of day care service to three through five persons in RA, R~-1, and R-2 districts must reside in the facility. ~. (b~ Group care homes of six or more persons established after September 21, 1983 must conform to the following standards unless modified through the conditional use permit procedure: 1. There must be at least 400 feet between homes. 2. 1n addition to normally required parking far other uses on the property, there must be one parking place per outside employee based an the maximum number of employees present at any one time. ~11~ Alley Access Parcel: The planning director may authorize creation of an alley access parcel if it will conform to the following criteria: ~a~ The alley access parcel will be created from an existing lot ar parcel in a residential zoning district, fib} The original lot or parcel contains at least 7,200 square feet in the R-2, R-3, and R~4 districts and 9,000 square feet in RA and R-1 districts. ~c} Bath resulting parcels will be at least 4,500 square feet i n area i n RA or R~-1 districts, and 3,500 square feet i n R-2, R-3, and R-4 districts. ~d~ The original lot or parcel frontage will not change. ~e~ The alley access parcel wi 11 have autamobi le and emer-~ gency vehicle access to a public street by way of an abutting alley. ~f} The alley will serve the entire length of at least one alley access parcel property line. fig) The alley exists an March 11, 1985, ~h~ No parcels abutting on either side of the alley in the subject block are zoned commerci a1 or industrial . GO Qi stri ct zoning is permitted, ~ When an alley does not afford through access from one public street to another, and if in that situation the fire marshall determines that it is necessary, an adequate maneuvering area for emergency vehicles to turn around before leaving the alley wi11 be provided. ~j} If access is provided by way of an unimproved a11ey, a petition for improvement must be submitted. ~k} The traffic engineer must determine: 1. That the 30 minute al 1 ey parking 1 i mi t ordinarily permitted wi11 not cause undue inconvenience to alley traffic, or 2. Signs limiting parking to ten minutes are needed and will be installed to prevent undue inconvenience to alley traffic. ~1~ Minimum clear bay width for maneuvering in and out of parking spaces will at least equal that required by the table in the zoning ordinance for standard size vehicles in conjunction Grdi na~nce ~ 26 with public and private parking areas. gym} Two off-street parking spaces must be provided for each dwelling unit in an RA or R-1 district, and one space per unit in R-2, R-3, and R-4 district. fin} Parking and maneuvering area to the newly created parcel will not adversely affect parking in conjunction with the front parcel. ~a} Each parcel will have independent service unless common service is approved by the affected utility agency and is ade- quately covered by a city attorney approved easement recorded in the office of the Lane County Retarder establishing the rights, responsibilities and liabilities of the affected parties. gyp} Except when an alley access parcel also has street frontage, the planning director may require a city attorney approved, recorded agreement assuring private pedestrian access across the front parcel to the alley access parcel. ~q} A11 applicable provisions of state and local codes and regulations, including but not limited to the Eugene Cade, 1911, will be observed. X12} Cluster Subdivisions: Must conform to the standards and procedures in section 9.550. (13} Controlled Income and Rent Housing: Must conform to the standards and procedures i n section ~,9,~.. X74. ~ 14} Dupl_exes__ i n RA or R-1 Districts : Must be one of the fol l ow- ~ ng ~a} On.a corner lot as provided in section 9.060. fib} On an interior lot as provided in section 9.D60. Must also: 1. Be on a block face that contains a maximum of three lots; and 2. Be between corner lots already occupied by duplexes. ~c} Legally divided as provided in section 9.060. ~d} Located and developed according to all the following: 1. On lots in subdivisions containing ten or more lots that received tentative approval after January 20, 1980. 2. Maximum height of 15 feet within 20 feet of all interior property lines. 3. Parking: a. At least two spaces per dwelling unit. b. A maximum of four spaces in a single area. c. Parking areas separated by at least ten feet of landscaping. d. A11 parking areas landscaped as prescribed in section 9.592~c} Parking Area Improvements. 4. In any one subdivision there shall be a maximum of 25 percent duplex lots, 15 percent triplex lots, and 14 per- cent fourplex lots. At least 50 percent of the lots must be far single family occupancy. Fractions are reduced to the next lowest number. X15} Four lexes and Tri lexes in RA and R-1 Districts: Must conform to standards in 9.38614}(d} above. X16} Multi-Family. In R-2, R-3, or R-4 districts, site review is required for ten or more units when: D~rdina:nce ~ Zl ~a} next to, fib} across, an alley from, or . ~c} directly across a local street from an existing single family dwelling. X17} Panhandle lots: Must conform to the standards in section 9.095 of this chapter. ~ 18} Sin 1 e Family Accessory Units: ~a} The structure containing the accessary and main dwell- ing units must be detached from other dwellings. fib} Either the main or accessory unit must be owner-occupied. ~c} The structure containing the accessary and main dwelling units must have at~1east x,500 square feet of floor area, exclud- ing garages and garage areas used for storage. ~d} The accessory dwelling unit must: ~. Be an efficiency unit with a maximum of 5D0 square feet of floor area, or 2. Be a conventional unit with a living room, kitchen, and one other habitable room, such as a bedroom, with a maximum of 600 square feet of floor area, or 3. Occupy one full story of a multi-story structure, or 4, Occupy a maximum of 40% of the October 25, 1982, total floor area of the main dwelling. fie} There must be at least three off-street parking spaces on the property to serve the accessory and main dwelling units. ~f} There must be no home occupation in the structure. fig} Unless all the people living in both the accessary and main dwelling units are related by blood, marriage, or adoption, the total number of people living in the two units is a maximum of five, ~~9} Small Lot Provisions: ~a} Must be on individually recorded lots or parcels. fib} Minimum lot area per dwelling unit: 2,254 square feet. ~c} Minimum development site: 2,250 square feet. ~d} Minimum lot frontage: 30 feet. fie} Minimum average lot width: 30 feet. ~f} Minimum lot depth: 15 feet. fig} Maximum length to width ratio: 2.5 tv ~, except 5.5 to 1 with planning director approval if it would be consistent with: 1. Adequate provision of public facilities and ser- vices, as well as light, air, and open space, 2. Protection from flood, fire, and similar risks. ~h} Zero side yard setback option: Permitted. ~i} Height maximum: 25 feet in the R-2 District; 40 feet in the R-3 District; 25 feet in R-3 and R-4 districts within 50 feet of abutting, or across an alley from abutting, properties zoned RA, R-1, or R-2, ~j} Front setback minimum: IO feet, 8 feet for driveways. ~k} Front yard landscaping: 54% minimum except may have an ~$ foot deep and 20 foot wide driveway in which case the minimum is the rest of the required setback area. ~1} Required outdoor living area: 10% of gross flour area. gym} Maximum lot coverage: 55 percent in R-2 and R-3 Dis- ~ir~ir:ance ~ 2$ tricts, and 6D percent in the R-4 District. X24} Home ~cc,upat~ons: Must conform to standards in section 9.496. X21} Hos i tal s i n g-4 Districts; Prohibited i n the following area: Beginning at 13th Avenue and Hilyard Street, then south on Hilyard Street to 18th Avenue, then east on 18th Avenue to Kincaid Street, then north on Kincaid Street to 13th Avenue, then west on 13th Avenue to Hilyard Street. X22} Mobile Home Parks: Must conform to standards and procedures in sections 9.814, 9.$12, and 9.818. (23} Mobile Home Subdivisions: Must conform to standards and procedures in sections 9.814 and 9.$16. X24} Plarmed Unit Deyei,opments: Must conform to standards and procedures i n sections 9~.~5~~8 through 9.524. X25} Public and Semi-Public Buildin s; ~a} Must be essential to the physical and economic welfare of the area such as fire stations, substations, and pump stations. fib} Must conform to section 9.554 special setback require- ments. X26} Schools, Private: ~a} Must be state licensed and provide general education programs as a primary activity fib} Must conform to section 9.554 special setback require- ments. X21} Schools Public: ~a} Mist dedicate and improve public streets and convey or dedicate public utility easements as the City deems necessary. fib} Except for colleges and universities in the R-4 Dis- trict, site plan approval based on the criteria in section 9.6$8 i s required . ~c} Must conform to section 9.554 special setback require- ments. ~2$} Stables, commercial: Minimum development site of ten acres. Section 14. Subsection ~d}5, of Section 9.4Q2 of the Eugene Code, 1971 is amended to read and provide; 9.402 (d) 5. Day care facilities, subject to the development standards set forth in section 9.3$6. Section 15. The matrix set forth in Section 9.439 of the Eugene Code, 1971, is hereby amended by adding "Recreational vehicle and tent parks standards}" in alphabetical order therein as follows: 0-^dina:nce ~- 29 9.439 Uses. The following reflects the uses permitted outright, condi~ tionally, or subject to standards or other requirements of this code within the C-1, C-2, C-3, C-4 and G0 zoning districts: P ,........ Permitted outright C ....,.... Conditional Use Permit approval required * ......... Notations at end of the list NEC ....... Not elsewhere classified Standards Code includes special requirements for use listed C1 C2 C3 C4 GO Recreational vehicle and tent parks standards} ........... P P Section 16. Subsection ~c}1. of Section 9.440 of the Eugene Code, 1971, is hereby amended, and a new subparagraph ~j} added thereto, to read and provide; 9.440 S ecial Standards. In addition to general provisions, parking, and other regulations required by this code, the following uses are subject to the special standards set forth in this section: c Collection of used ~} ~ ... .~~.~ ~ ~. ~. 9 0 o d s 1. Must be in co~nn~ectiaan with mobile, attended, collec- tion centers as defined in section 9.015; (j} Recreational vehicle and tent arks: 1. Minimum area: Four acres. 2. Maximum spaces per acre: 20. 3. Maximum number of spaces per park: 150. 4. Minimum interior yard setback to parking spaces: 10 feet. May be landscaped. 5. Interior yard screening: Six to eight feet high, 75% site-obscuring fence or wall. 5. Bumpers or other stops sufficient to ensure no vehi- cular penetration of interior setbacks. 7. Front yard screening: 10 feet wide, 2.5 feet mini- mum height within one year. $. Maximum stay: 90 consecutive nights, 9. Minimum staff: Dne resident manager. Section 17. The first paragraph of Section 9.443 of the Eugene Code, 1971, is hereby amended to read and provide: 9.443 Permitted Buildin sand Uses. In the I-1 Special Industrial District, the following buildings and uses are permitted, subject to the general provisions and exceptions set forth in sections 9.445 and 9.532 to 9.652. Items within parentheses are only descriptive. Buildings ~rdi nonce ~. 3O and uses actually permitted in those situations are precisely listed in the Standard industrial Classification ~S1C} Manual as defined in section 9.015. Section 18. Section 9.496 of the Eugene Code, 1971, is hereby amended to read and provide: 9.49fi Home Dccu ation Standards. Any occupation or profession carried on in a dwelling in a residential zoning district sha11 be subject to the following standards: ~a} The home occupation must be located entirely within the dwelling, garage, or an accessory building of the person conduct ing the home occupation. fib} Signs shall be subject to the provisions of the Residen- tial Sign District in the Sign Code. There shall be one sign permitted, which shall consist of a maximum of one and one-half square feet in surface area. The sign shall be attached to the dwelling and indicate only the name of the occupant or home occu~ pati on . ~c} There shall be no display, other than the allowed sign, that will indicate from the exterior of the building that the property is being used for any purpose other than a dwelling. ~d} There shall be no outside storage of materials other than plant materials. fie} There shall be no detrimental effect on the residential character of the surrounding neighborhood through generation of excessive traffic or on-street parking, violation of city noise or other performance standards, excessive, late, or early hours of operation, regular freight truck delivery of more than once a week, or other incompatible activities not in keeping with adja- cent residential uses. ~f} The home occupation shall not result in any structural alterations or additions to the dwelling that will change its primary use. fig} The dwelling shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations. ~h} There shall be a limit of one business vehicle per home occupation. ~i} Other than dwelling residents, there shall be a maximum of two employees per home occupation. ~ j } . 7 n addition to required parking i n conjunction with the dwelling, there shall be off-street parking spaces to accommodate all employee and business vehicles. ~k} An adult resident in the dwelling shall be employed in the home occupation. Section 19. Section 9.495 of the Eugene Code, 1911, is hereby amended to read and provide: ~ardinance = 31. 9.498 Com faint Procedure and Enforcement. Complaints alleging viola- tion of home occupation procedures shall be directed to the , building official and shall state the nature of the alleged violation. The building official shall investigate the complaint and, if necessary to eli- m~nate a v~olat~on found to exist, take or cause to be taken lawful action as provided far in the Eugene Code, 1971. Section 20. Section 9.500 of the Eugene Code, 1971, is hereby repealed. Section 21. Section 9.502 of the Eugene Code, 1971, is hereby amended to read and provide; 9.502 Appeals. A building official's determination and enforcement order may be appealed to the hearings official by the party offs - 9 ing the violation or the person who owns the home occupation in the same manner as provided for in connection with administration of the performance standards in the zoning ordinance, Section 22. Section 9.504 of the Eugene Code, 1971, and the title pre- ceding it are hereby repealed. Section 23. Subsections (6)(a), (7)(a) and (10) of Section 9.510 of the Eugene Cade, 1911, are hereby amended to read and provide: 9.510 General Provisions. ~6} Density. Except as provided in this ordinance relating to sub-districts, dwel 1 i ng unit densities for residential planned unit Bevel op- ments shall be as follows: ~a} Maximum density, Except as provided otherwise in _ adopted refinement plans, the maximum allowable density for any project shall be as follows: Maximum Density per Gross Acre District As used in section 9.268 AG One dwelling per 20 acres RA 175 density points as calculated below R-1 175 density points as calculated below R-2 310 density points as calculated below R-3 640 density points as calculated below R-4 ~ 1,755 density points as calculated below GO As per R-2 District regulations and standards OY'dlnan~CP -" 3~. C-1 As per required findings C-2 As per required findings C-3 As per required findings C-4 As per required findings Density point calculations in the following table are correlated to dwellings based on the number of bedrooms which, for these purposes, is defined as an enclosed room containing the minimum square feet of floor space required fora bedroom in Chapter 8 of this Code, and which is commonly used or capable of conversion to use as sleeping quarters. Accordingly, family rooms, dens, libraries, studies, studios, and other similar rooms shall be considered bedrooms if they meet the above definitions, are separated by walls or doors from other areas of the dwelling and are accessible to a bathroom without passing through another bedroom. Dwel 1 i n Tyke Density Points studio and efficiency 12 One bedroom 14 Two bedroom 21 Three bedroom 28 Four or more bedrooms 35 ~7} Buildin sand Uses Permitted. Buildings and uses in planned unit developments are permitted as follows: ~a} AG., RA, R-1, R-2, and R-3 zones: 1. Buildings and uses permitted outright or conditionally in the zoning district in which the proposed planned unit development is located. ~. Accessary buildings and uses. 3. Duplexes. 4. Dwellings, single and multiple family, 5. Convenience commercial services which the applicant proves will be patronized mainly by the residents of the proposed planned unit development. ~1D} Height. Unless the hearings official determines that intru- sion of structures into the sun exposure plane will not adversely affect the occupants or potential occupants of adjacent properties, all buildings and structures shall be constructed within the area contained between lines illustrating the sun exposure plane See Figure 11 and the definition of "Sun Exposure Plane" in section 9.015}. The hearings official may further modify heights to: ~a} Protect lines of sight and scenic vistas from greater encroachment than would occur as a result of conventional development. fib} Protect lines of sight and scenic vistas in areas of special height limitations as prescribed in section 9.536 of this code. ~c} Protect solar access to south-facing building surfaces on December 21 of any year between 10 a.m, and 3 p.m., standard time, particularly in relatively flat areas and on south-facing slopes where maximum densities allowed can best be achieved. Drd~ ra n~ce ". 33 ~d} Enable the project to satisfy approval criteria, Section 24. The title preceding Section 9.532 of the Eugene Code, 1971 is hereby amended to read and provide: General Provisions: Hei ht Yard, Density and Covers a Re u1atians Conditions and Exce tions Section 25. Subsection ~1} of Section 9.534 of the Eugene Code, 1971, is hereby amended to read and provide: 9.534 Building Height Limitations. ~1} Residential: ~a} In the AG, RA, R-1, and R-2 districts, no main building shall exceed 25 feet in height except development in RA and R-1 districts shall be limited to 15 feet in height within 20 feet of any interior lot lines. Accessory buildings in the AG district shall have no building height limitation, while accessary build- i ngs i n the RA, R~-1, R-2, and R-3 districts are 1 i mi ted to 12 feet in height. fib} In the R-3 district, no main building shall exceed 40 feet in height, except where an R-3 district abuts upon an AG, RA or R-1 district, in which case the maximum permitted building height shall be limited to 25 feet far that portion of the build- ing within 50 feet from the abutting boundary of, or directly across an alley from, any of the aforementioned districts. ~c} In the R-4 district, there is no building height limita- tion, except when an R-4 district abuts upon an AG, RA or R-1 district, in which case the maximum permitted building heights shall be limited tv 25 feet for that portion of the building within 50 feet from the abutting boundary of, ar directly across an alley from, any of the aforementioned districts. Accessory buildings shall hereafter be limited to 25 feet in height. ~d} Single family dwellings permitted in commercial or indus- tria~ districts shall not exceed 25 feet in height. Section 26. Subsection ~1}~a} of Section 9.540 of the Eugene Code, 1911, is hereby amended to read and provide: 9.540 Front Yards. See Figure 10.} ~1} Residential: ~a} Except for authorized alley access parcels and as other- wise required in section 9.538 for garages and carports, all lots or development sites in AG, RA, R-1, R-2, R-3, and R-4 districts 0rdin~a~nce ~M 34 .............. ...................................................... .............................. ....................................................................................................... ................................................................................... ........................................................................................................................ ................. shall have a front yard of at least 10 feet. That yard shall be landscaped and maintained as prescribed in section 9.544. Section 27. Subsections ~1}~a} and ~c} of Section 9,542 of the Eugene Code, 1911, are hereby amended to read and provide: 9.542 Interior Yards. ~1} Residential: ~a} All lots or development sites in the AG, RA, R-1, R-2, R-3, and R-4 districts shall have interior yards of not less than 1C feet between the buildings, without regard as to the location of the property line, or no interior yards required if the build- ings abut or have a common wall, except where a utility easement is recorded adjacent to an interior lot line, in which event there shall be an interior yard na less than the width of the easement. ~c} Alley access parcels shall be subject to the provisions of this section for al 1 yards, i ncl udi ng the yard adjacent to the property line separating the alley access parcel from the original parent parcel. Section 28. Subparagraphs fie} and ~f} of Section 9.544 of the Eugene Code, 1971, are hereby amended to read and provide: 9.544 Yard Exce Lions and Permitted Intrusions Into Re wired Yards. The following intrusions may project into required yards to the extent and under the conditions and limitations indicated: fie} Parks' ng. an,d, driveways : ~Al so see sections 9.580 to 9.598. } 1. In any district, driveways or accessways providing ingress and egress to or from private parking areas or garages, public parking areas or garages and parking spaces shall be permitted, together with any appropriate traffic control devices in any required yard. 2. In any residential district, public or private park- ing areas and parking spaces shall not be permitted in any required yard except as provided herein: a. Parking spaces shall be permitted in required front yard setbacks i n conjunction with si ngl e family or two family dwellings provided the parking spaces are located on driveways. b. Far lots and parcels with at least 5Q feet of frontage, driveways shall cover a maximum of one-half of the area in the required front yard setback. All por- ti ons of required front yard setbacks not otherwise covered by legal driveways shall be landscaped and main- ta i n ed~. c. Recreational vehicles, boat trailers, camper- Drdinan~ce ~~ 35 ~ . ettes and all ether vehicles not in daily use, are restricted to parking in the front yard setback for not more than 48 hours and recreational vehicles, boat trailers, camperettes, and all other vehicles not in daily use, are permitted to be located in the required interior yards. d. Public or private parking areas, parking spaces of any building or portion of any building intended for parking which is developed or maintained in conjunction with any building or use permitted or as a use permitted in any residential district, shall be permitted in any interior yard that abuts an alley, provided said parking areas, structures or spaces shall comply with the park- ing table and diagram. Sections 9.58D to 9.588.} e. Public or private parking areas, service drives or parking spaces in conjunction with any building ar use permitted or as a use permitted in any residential district shall be permitted in interior yards, provided that said parking areas, service drives or parking spaces shall comply with the requirements of sections 9.58D to 9.598. f. No recreational vehicles, boat trailers, camperettes, or other vehicles may be parked in the landscaped portion of a required f rant yard. g. The landscaping in the first ten feet of the front yard setback from the street will provide adequate vision clearance for vehicles and pedestrians passing on public rights-of-way as well as those leaving develapment sites and adjacent properties. 3. In any commercial or industrial district, except C-1 and I-1, parking spaces shall be permitted in any required interior yard if required landscape provisions of section 9.5423} are met, In the C-1, C-4, and GG districts, parking is not permitted in the required front yard. In the I-1 dis- trict, parking spaces may be located in required front yards if more than 20 feet from all abutting streets. ~f} Public tele hone booths and ublic bus shelters. Provided vision clearance is maintained for vehicles passing on the street and leaving the develapment site, in accordance with the requirements for vision clearance under sections 9.015 and 9.5386} of this Code. Section 29. Section 9.546 of the Eugene Code, 1911, is hereby amended to read and provide: 9.546 Lat or Development Site Area Required Per Dwelling Unit. ~1} Except as provided far in section 9.460, in the RA and R-1 districts there shall be a minimum of 4,500 square feet of lot or develop- ment site area per dwelling unit. ~2} In the R~-2 district there shall be a minimum of 2,650 square feet of lot or development site area per dwelling unit, except as provided in section 9.386. ~r~in~an~ce ~ 35 ~3} In the R-~3 district there shall be a minimum of 1,ZD0 square feet of lot area per dwelling unit for multiple family uses. Campus living organizations and all other residential buildings and uses permitted, except single family and duplex, shall have at least 4DD square feet of lot or development site area for each bed contained therein or each occupant, whichever number is greater. ~4} In the R-4 district there shall be a minimum of 400 square feet of lot ar development area per dwelling unit for multiple family uses, Campus living organizations, boarding or rooming houses and all other resi- dential buildings and uses permitted, except single family and duplex, shall have at least ZDO square feet of lot or development site area for each bed contained therein or each occupant, whichever number is greater. ~5} In the GO district, the minimum lot or development site area required per dwelling unit shall be the same as the area required in the R-Z district. section 3D. Section 9.548 of the Eugene Code, 197I, is hereby repealed. Section 31. Section 9.55D of the Eugene Cvde, 197I, is hereby amended to read and provide: 9.55o Cluster subdivisions in RA and R-I Districts. ~n RA and R-1 districts, the lot area, lot coverage, and yard requirements may be relaxed i n connection with i ndi vi dual 1 ots or bui 1 di ng sites created by duly approved, filed, and recorded subdivisions of the "cluster" type provided that: ~a} Approval of the proposed development plan is granted by the planning director according to the procedures set forth in sections 9.69D to 9.694, using the criteria contained in section 9.688~b} , and notice provisions as required i n connection with a land division variance request, and fib} The difference in square footage between the minimum lot area per dwelling unit required by district or subdistrict and the square footage of actual dwelling unit lots created is designated as a separately recorded lots} and is secured and maintained by a covenant ar asssociatian, approved by the office of the city attorney, as semi-private open space for use of all occupants of the subdivision or anti 1 dissolution i s approved by the planning and public works directors, and (c} Maximum density, defined for this section as total dwelling units divided into the total area included in the appli- cation, does not exceed that permitted by the district or subdis- trict in which the subdivision is to be located, taking into account the special standards in section 9.386 for duplex, tri- plex, and fourplex developments. A performance agreement, approved by the office of the city attorney, binding the applicant and the applicant's successors in interest shall be required. In Qrdi r~a~ncP ~- 37 ~. addition, if the development site contains over four acres, parti- ci pati on by a professi oval design team i s required; and . ~d} The standards for density contained herein apply only to developments far which approval is granted after July 14, 1980, or to previously approved developments that may be subject to reapplication or for which no above ground construction has occurred prior to July 14, 1980, Section 32. Subsection ~1} of Section 9.556 of the Eugene Cade, 1971, ~s hereby amended to read and provide: 9.556 Lot Covera e; Parkin Covera e; outdoor Li vin Area Re uirements. ~1~ Maximum permitted lot coverage by buildings and structures i n agricultural and residential districts shat 1 be: Maximum lot coverage: AG, RA, R-1, and GO 50% R-2 50% R-3 50% R-4 60% Section 33. Section 9.560 of the Eugene Code, 1971, is hereby repealed. Section 34, Section 9.562 of the Eugene Code, 1971, is hereby amended to read and provide: 9.562 Public Access Required. Except for a11ey access parcels as pro- vided far in this chapter, no building or structure shall be erected or altered except an a lot fronting or abutting on a public street ar having access to a public street aver a private street or easement of record approved in accordance with provisions contained in this chapter. Section 35. The first paragraph of Section 9.567 of the Eugene Cade, 1971, is hereby amended to read and provide: 9.567 Dutdoar Li vin Area. An outdoor living area, as defined in sec- tion 9.015 shall be provided for all residential development equivalent to 10 percent of the gross floor area of each dwelling unit. It may be provided as private or semi-private space or a combination thereof. Drdr7 na,nce ~ 38 ,~. ; .. Section 36. The first paragraph, and subsection ~a}3. of Section 9.556 of the Eugene Cade, 1971, are hereby amended to read and provide: 9.586 Parkin S aces Re uired. Unless specifically prescribed otherwise elsewhere i n this code, the number of of f-street parking spaces required shall be no less than as set forth in the fallowing: Use (a) Residential types Parking Space Required 3. Dwelling, alley access parcel RA and R-1 districts - 2 per unit R-Z, R-3, and R-4 districts - 1 per unit, Section 37. Subparagraph ~f} of Section 9.592 of the Eugene Code, 1971 is hereby amended to read and provide: 9.59 ~f~ With respect to duplex, triplex, and fourplex develop- ments in RA and R-1 districts, the special development standards in section 9.356 apply. Section 38. Section 9.6U7 of the Eugene Code, 1971, is hereby amended to read and provide: 9.607 Floodwa - Development. Development, including but not limited to _. Y ~~,.,,.,., buildings or other structures, is prohibited in the floodway as defined in section 9.015. Mining, dredging, filling, grading, excavation, and drilling are prohibited if the result could be a rise in upstream water surface. Section 39. Anew section 9.625 is hereby added to the Eugene Code, 1911, to read and provide: 9.628 Former RG District ,,,Exemptions. Buildings and uses replacing those 1 egal ly permitted or perm~~tted condi ti anal ly as 1 i sted i n the RG district on March 11, 1955 are exempt from nonconforming use provisions in the zoning ordinance provided they are no closer to property lines or ex- ceed the density, height, or coverage of the original development. This exemption is limited to the development site on which the buildings or uses existed an March 11, 1985. Qrdinance ..~, ~a .. ~ Y I ~ Section 4D, Section 9.848 of the Eugene Code, 1971, is hereby amended to read and provide: 9.$08 Mobile Home Parks - Recreational Vehicle Use. ~1} Recreational vehicles may be used as living quarters in mobile home parks in the following situations: ~a} With conditional use permit approval for specified spaces in mobile home parks provided occupancy does nat exceed 14 consecutive nights. fib} Tn mobile home parks constructed before January 1, 1967, with frontage on U.S. Highway 99 North, Jest 6th or hest 7th Ave- nues, provided the recreational vehicles so occupied are trailers: 1. Qf at least 22a square feet of floor area, 2. That bear a state recreational vehicle insignia, 3. That are not designed to be operated by se1f- contained motive power, 4. That are connected to compatible utility facilities, and, 5, That are located in spaces adequately separated from other spaces to reduce the risk of fire spreading from one unit to another, as well as to provide for light, air, and circulation between units. The definition of "recreational vehicle" in section 9.015 does not apply to this subsection. ~2} Nothing contained herein shall prevent the parking of an unoccupied recreational vehicle not in daily use on the owner's property, except, the vehicle may not be parked in the required front yard setback for more than 4S hours. Section 41. Subsection ~3} of Section 9.810 of the Eugene Cade, 1971, is hereby amended to read and provide: 9.810 Mobile Home Parks - General Provisions. t3} Maximum density. Eight l ots per acre, Section 42. Tn the event there are any references in the Eugene Code, 1971 to "RG District" or Section 9.54 of the Eugene Code, 1971 not amended herein, the City Recorder is authorized to administratively change those references to "R-3 District" and "Section 9.015" respectively, upon first receiving the concurrence of the Planning Department and City Attorneys office. ~ ~, Ord.rancP 4(1 Section 43. That the matters contained herein affect the public health, welfare and safety, and in order to insure the orderly implementation of these provisions, an emergency is hereby declared to exist, and this ordi- nance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 1~th day of March, X955 ~C~. c~,c..Cc.~-- City ecorder Approved by the Mayor this 11th day f Marsh, 198 :' mil/ _r