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HomeMy WebLinkAboutOrdinance No. 19328ORDINANCE Na. 19328 AN ORDINANCE CONCERNING LAND USE REGULATIONS; AMENDING SECTIONS 7.610, 8.823, 8.845, 9.005, 9.007, 9.030, 9.035, 9.060, 9.160, 9.162, 9.164, 9,166, 9.259, 9.268, 9.336, 9.364, 9.392, 9.439, 9.440, 9.510, 9.512, 9.516, 9.534, 9.538, 9.544, 9,546, 9.558, 9.582, 9.588, 9.592, 9.620, 9.644, 9.6?4, 9.682, 9.690, 9.?16, 9.?42,.9.810, AND 9.980 OF THE EUGENE CDDE,~19?1; REPEALING SECTION 9.284 aF THAT CODE; ADDING SECTTDNS 9.01?, 9.020, AND 9.438 TD THAT GDDE; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES aRDAIN AS FOLLOWS: section 1. Subsection ~5}fib} of Section ?.610 of the Eugene Code, 19?1 is amended to read and provide; 7.610 Vacation of Unim roved Easements anal Undevelo ed Subdivision Plats. ~5} Appeal. (b} An appeal shall be an a form prepared by the planning de- partment and sha11 state specifically how the planning director failed to properly evaluate the proposed vacation ar make a decision consistent with required criteria. Section 2. Sections 8.823 and 8.845 of the Eugene Code, 19?1, are here- by amended to read and provide: 8.823 Decision and_Appeal Authority. If a sign district boundary change is for property proposed~~~ far annexation to the city, the planning commission shall recommend its approval to the council in conjunction with the annexation or deny the change. The city council shall act on appeals from planning commission denials, and on planning commission recommendations for approval of sign district boundary changes in conjunction with annexa- tions . If a sign district boundary change only i~nc1 udes property a1 ready i n the city, it shall be approved, modified and approved, or denied by the hear- ings official . The planning commission shal 1 act on appeals f ram deci si ons of the hearings official . Commission decisions are final . Al 1 f i na1 sign district boundary change decisions shall be by order which shall mandate in relevant cases that the Sign District Map be amended to reflect the allowed change of sign district. 8.845. Appeal Notice and Action. ~1} Unless the applicant and appellant agree to a longer period, the commission shall hold a hearing to allow oral arguments on an appeal from a hearings official decision within 30 days of its receipt. The council shall hold a public hearing to allow oral argument on an appeal from a plan- Ordinance - 1 Wing commission decision within 40 days of its receipt. At least ten days prior to the hearing the planning department shall mail notice thereof to the applicant, appellant, and persons who requested notice of the previous deci- sion. ~2~ Unless the applicant and appellant agree to a longer period, the commission ar council shall make a decision within 15 days of the hear- ing. The council may, by order, with findings and conclusions therein, affirm, reverse, or modify the planning commission's decision. The commis- sion may, by order, with findings and conclusions therein, affirm, reverse, or modify the hearings official`s decision. When a decision is reversed ar modified, the commission ar council shall make findings of fact based on required criteria as to why the previous decision was in error. The deci- sion on the appeal shall be agreed to by a ma~arity of the members present at the hearing. A tie planning commission vote shall result in affirming the previous decision of the hearings official . (3~ The planning department shall mail a notice of the decision to the applicant, appellant, and parties who have requested a copy. Section 3, sections 9.005 and 9.010 of the Eugene Code, 1971, are here- by renumbered 9.017 and 9.02D respectively, and amended to provide; 9.017 Titie. Sections 9.017 to 9.1DD shall be known as the "Land Divi- si on Qrdi Hance of the City of Eugene." 9.D20 Pur ose and Intent. The city council hereb finds that it is y necessary in artier to accomplish the orderly development of land within the city to provide rules, regulations, and standards to govern the approval of subdivisions and partitions. It is the intent of this ordinance to protect the public health and safety through adequate provision to lots and parcels of public facilities and services, and the allowance of adequate light, air and open space, and to protect parcels from fire, flood and other risks and dangers. Section 4. Subsections ~7} and ~S} of Section 9.030 of the Eugene Cade, 1971, are amended to read and provide; 9.030 Minor Partition Procedure. ~7~ A eat of Minor Partition Decisions. ~a} Within ten days of the planning director's decision, i t may be appealed to the hearings official by the applicant or an adversely affected person. ~b~. An appeal shall be on a planning department form and state specifically how the planning director failed to properly evaluate the proposal or make a decision consistent with applicable criteria . ~c} Unless the applicant and appellant agree to a longer period, the hearings official shall hold a hearing for aral~ argu- Ordinance - ~ ments on an appeal within 15 days of its receipt. At least ten days prior to the hearing the planning department shall mail notice thereof to the applicant, appellant, and persons who requested no- ti ce of the planning director's decision . ~d} 4~ithin ten days of the hearing, unless the applicant and appellant agree to a longer period, the hearings official shall make a decision and mail a copy thereof to the applicant, appellant, and parties who have requested a copy. The hearings's official's decision is final. ~8} Recordation. Notice of approved minor partitions shall be recorded in the office of the Lane County Recorder before the city issues a building permit for construction on newly created parcels. Section 5. Subsection (7~~b~ of Section 9.035 of the Eugene Code, 1911, is amended to read and provide: 9, 035 Major Part? ti on and Subdivision Tentative Plan Procedure. ~7~ Tentative Plan ~- A eal to the Hearin s Official . fib} An appeal shall be on a planning department form and shall state specifically how the planning director failed to prop- erly evaluate the proposal or make a decision consistent with applicable criteria . Section 6. Subsection ~a~4. of Section 9.064 of the Eugene Code, 1911, is amended to read and provide: 9.464 Plattin and Ma in Standards -Lots and Parcels. All lots and parcels shat 1 comply with the fol 1 awi ng requirements, rn thi s section "lots" and "parcels" are used interchangeably. ~1hen more restric- tive, related provisions in the zoning ordinance apply. ~a} Lvt Area Minimums.. Note: variance provisions are not available for departure from residential lot area minimums. 1. AG Agricultural District .......... 24 acres 2. Residential Districts ............. 4,504 square feet 3. All other districts except Z-~ .... 6,004 square feet 4. Exceptions Duplex divisions .................. 3,600 square feet Corner duplex lots in RA/R-~ Lots created on or before 3/15/68 5,444 square feet Lots created after 3115/68 and with frontage of at least 160 feet ... 8,004 square feet Lots annexed after 3/15/68 Existing duplex ................ Existing lot size At least 160 frontage feet ..... 8,004 square feet Interior duplex lots in RAIR-1 .... 8,404 square feet Duplex/triplex/fourpl ex provisions i n RA/R-1 Ordinance - 3 Duplexes ........................ 8,000 square feet Triplexes ...................... 12,000 square feet Fourplexes ..................... 16,000 square feet Alley access parcels Dri gi nal parcel RA/R-1 ........................ 9,000 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 small 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/SD regulations H District ........................ As per H Dist rict regulations C1 uster subdivisions i n RA/R-1 .... As per RA/R-1 cluster provi - sions Industrial parks in I-2 and I-3 ... 5 acres If it is consistent with the purpose and intent of th is chapter, the planning director may relax lat area require- ments when it is necessary and suitable in the following situations: ~a} In the GD, commercial, and industrial zoning districts; and ~b~ To attain or protect solar access. Section 7. Subsection ~3} of Section 9.160 of the Eugene Code, 1911, is amended to read and provide; 9.160 Planning Commission Decision. ~ 3} Un 1 ess appealed, the commission's decision to deny an annexa-~ tion is final on the eleventh day after it is rendered. section $. Sections 9.162, 9.164, and 9.166 of the Eugene Code, 191, are amended to provide: 9.162 A eal - Council Action an Denied A lications. ~1} Submittal. ~Jithin ten days of the planning commission's deci- sion to deny an annexation request, it may be appealed to the city council by the applicant, an adversely affected person, or a party entitled to notice. The appeal shall be on a planning department form, shall be based an the re- cord, and must state sped f i.cal ly haw the planning commission failed to prop- erly evaluate the proposed annexation or make a decision consistent with the Ordinance - 4 criteria far approval. The planning department shall provide the council with the record. ~Z} Hearin Date and Notice. Unless the applicant and appellant agree to a longer time period, the council shall hold a hearing to allow oral argument on an appeal within 4a days of its receipt. At least ten days prior to the hearing the planning department shall mail notice thereof to the applicant, appellant, and persons who requested notice of the commission decision. ~3} Council Decision. Unless the applicant and appellant agree to a longer time period, the cauncil shall make a decision within 15 days of the hearing. The council may, by resolution, affirm, reverse, or modify the planning commission's decision . then a deci si on i s reversed or modified, the counci 1 steal 1 make f i ndi ngs of fact, based on required criteria, as to why the commission was in error. ~4} The planning department shall mail a notice of the decision to the applicant, appellant, and persons who have requested a copy. 9.164 Caunc_i 1 Action on_ ,Ap~aro.yed,,,A.p~.i,c,ati ons ~1} The council shall~~ consider a planning commission recommenda- ti on i n favor of an annexati an within 50 days of the cammi ssi an' s deci si an, unless the applicant agrees to a longer time period. ~Z} At least ten days before the hearing, the planning department shall mail notice thereof to the applicant and persons who requested notice of the planning cammi ssi on' s decision . ~3} Unless the. applicant agrees to a longer time period, within 15 days of the hearing the cauncil shall by resolution, affirm, reverse or modify the commission's decision. when a decision is reversed ar modified the counci 1 steal 1 make f i ndi ngs of fact based an required criteria, as to why the commission was in error. 9.166 Boundary Commission Action. The planning department shall forward to the Lane County Local Government Boundary Commission cauncil resolutions approving annexation requests. The Boundary Commission has final authority to effect annexations under applicable state law. Section 9. Section 9.259 of the Eugene Cade, 1971, is amended to read and provide: 9.259 Devela meet in Accordance with Planned Unit Develo ment, Conditional Use Permit or Site Review Re uirements. The develop- ment of 1 and wi thi n the city steal 1 be accomplished i n accordance with P1 an- ned Unit Development regulations, Site Review procedure, or Conditional Use Permit procedure whenever required by the provisions of the General Plan and refinements thereof, development map or any other applicable plan adopted by the city. Section 14. Subsection ~a} of Section 9.68 of the Eugene Code, 1971, is amended to read and provide: Ordinance - 5 9,268 Establishment and Desi nation of Use Districts and Sub-Districts. Tn order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height and sire 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-T Law density residential district. R-2 Limited multiple family residential district. R~-3 Multiple family residential district. R-4 High rise multiple family residential district. C-1 Neighborhood commercial district. C-2 General commercial district. C-3 Major commercial district. C-4 Commercial-industrial district. GQ General office district. H Hi stori c district, T-T Special Industrial district. I-2 Light-Medium industrial district. T-3 Heavy industrial district. MU Mixed Use district. PL Public Land. SD Special district. Section 1T. Section 9.254 of the Eugene Code, 19~T, is hereby repealed. Section T2. Section 9.336 of the Eugene Code, T97T, is amended to read and provide: 9.336 R-2 Limited Multi l e Family Residential District . The R-2 Limited Multiple Family Residential District i s an urban cl assi f i cati an intended primarily for medium density, urban housing to which key urban ser- vices and facilities can be provided. This district permits a variety of residential structural types, normally at densities of up to 2,250 square feet per dwellinS according to the small lot provisions in this chapter and, otherwise, up to 2,650 square feet per dwelling unit. Section T2. Section 9.364 of the Eugene Code, 191T, is amended to read and pravide: 9.364 R-3 _Mul ti pl e Family Residential _Di stri ct. The R-3 Multiple Family Resident~a~~ Di~stri ct as described herei n pravi des for medium density, multiple family housing. Primarily, but not exclusively, it is intended to be situated i n close proximity to either the University of aregon or the central business district. Section 13. Section 9.392 of the Eugene Code, 197T, is hereby renum- Drdinance - 6 bered 9.438. 9.438 General Office Di sari c,t -- De,s~cr,ipti on an_d Purpose . GD General ~Of f i ce ~~ D~ str~ ct regu 1 ati on s are pri mari~~~~y i ntended tv pravi de for small to medium-sized office buildings, often in transitional locations be- tween residential and commercial uses. Developments must be compatible with nearby residential uses in terms of scale, bulk, building and parking cover- age, traffic generation, and other external factors. This district also encourages a compatible mix of dwellings and offices on the same or adjacent properties. Section 14. Section 9.439 of the Eugene Code, 197, is amended to read and provide: Uses 9.439 Uses. The following reflects the uses permitted outright, candi~- tionally, or subject to standards or other requirements of this code within the C-1, C-2, C-3, C-4 and GO zoning districts: P ....,.... Permitted outright C ......... Conditional Use Permit approval required * ......... Notations at end of the list NEC ......, Nat elsewhere classified Standards Cade includes special requirements for use listed C~ C2 C3 C4 GG Accessory buildings ....................................... P P P P P Accounting, auditing, and bookkeeping services ............ P P P P Administration offices .................................... P P * P Advertising agencies ...................................... P P P Agricultural machinery rental/sales/service ............... C P Agricultural supplies feed and seed stores} .............. P P Ambulance service ......................................... C P C P Amusement centers arcades, pool tables, slot cars, etc,} C P P Antique shops ............................................. P P P Appliance sales/service ..... ............................... P P P Architects' offices ....................................... P P P P Arenas, indoors ........................................... C C Art supply stores ......................................... P P Artist galleries/studios .................................. P P Athletic facilities & clubs ............................... P P P Attorneys€ offices ........................................ P P P P Auction sales ono livestock} .............................. P p Automobile parts stores see also tires, sales/service} ... P P P Automobile paint and body repair shops .................... P Automobile repair garages ................................. P ~ P Automobile rental/sales/service, new/used ................. P C P Bakeries, retail .......................................... P P P Bakeries, what esal ell arge scale baki ng ......... . ...... . ... C P Ballet, dance, & gymnastic schools/academies/studios...,.,. P P Banks & savings and loan offices, credit unions ...,....... P P P P Ordinance - ? Barber shops .......................... P P .................... Bars, taverns, cocktail lounges, nightclubs ............... C P Beauty shops ......................... ~ P P .............. ....... Bed and breakfast facilities standards in C-1} .........., C P Bicycle shops ....................... . P P . .................... Blood banks ............................................... Book stores P ............................................... Bowling alleys P P ............................................ Building maintenance services ............................. P P Building material sales ................................... Bus terminals .......................... C ................... Business & management consulting services ................. P Business offices ........................ P .................. Business schools/colleges ................................. P Cabinet shops ......................... P .................... Camera shops ........................... P P ................... Candy stares ......................... P P ..................... Car washes ................................................ Catering services P ......................................... Churches and other religious facilities ................... P P Christmas tree sales standards} .......................... P P Clinics ................................................... Clothing stares " P P .................. ......................... Clocks, sales/service .................... P P P ................. Clubs & lodges of state or national organizations ......... P Cold storage, not wholesale ............................... P Collection agencies ....................................... Collection of used goods standards} ....................... P p P Colleges and universities ................................. P Community & neighborhood centers .......................... P Computer stares, sales/service ............................ P Correctional facilities ................... . C . .............. Craft and farmers' markets ................................ C Craft studios and galleries ............................... P Dance halls, no alcoholic beverages ....................... P Dance instruction, social ................................. P Day care facilities standards} ........................... P P Department stores ...................... P ................... Detective and protective services ......................... P Drafting, graphic, and copy services ...................... P P Drapery stares ............................................ Drive-in theaters P ......................................... Driving ranges ......................... C C ................... Driving schools ......................... P .................. Drug stores ............................ P P ................... In medical bldgs ........................................ Dry cleaners, no plant .................... . P P . .............. Dwellings, multiple standards & site review} ............. P P Dwellings, single family .................................. Above commercial use done} .............................. P P Electrical substations ..................... P P ............... Electrical supplies, must include retail .................. P Employment agencies ......... ............................... Engineers' offices P ........................................ P P Drdinance - 8 P P P P P P P P P C P P P P P C P P P P P P P P P P P P C C P P P P P P P P P P P P P P P~ P P P P P P P P P P P P C P P P P C P P P P P P P P P P P P Equipment, light, rental/sales/service .................... P Equipment, heavy, rental/sales/service .................... C Fabric stores ............................................. P Film, drop off/pick up .................................... P P Fire stations ..~ .......................................... P P Fireworks sales standards} ............................... P P Ivor covering stores ..................................... P Florists shops ............................................ P P Food & dairy product stores, retail ....................... P P Furniture & home furnishing stores ........................ P Garden supply centers ..................................... P P Gift shags ................................................ P P Golf courses, miniature ................................... C Group care facilities 3-5 persons ............................................. P P C+ persons ~standards~ ................................. C C Hardware stores ........................................... P P Hobby shops ............................................... P P Home occupations .......................................... P P Hospitals ................................................. C Hotels .................................................... P Housewares, china, glassware, metalware ................... P P I-Z District permitted uses not otherwise listed herein.... ~Na primary manufacturing} nsurance services ........................................ P P Interior decorating services ono retail) .................. P P Jewelry stores ............................................ P P Laboratories, medical, dental, x-ray ,,,,,,,,,,,,,,,,,,,,,, p Landscape architects' offices ............................. P P Laundromats, self service ................................. P P Leather goods & luggage stores ............................ P Libraries ................................................. P P Liquor stares, package .................................... P P Locksmith chaps ........................................... P P Lumber brokers` offices ................................... P P Magazine & newspaper stores ............................... P P Manufacturing, limited & small-scale standards} ....,.... Marine sales with service ................................. P Meal services, non-profit ................................. C P Medical & dental offices .................................. P P Medical & dental supply outlets ........................... P Meeting halls ............................................. P Mobile home sales/service .................................. C o ~ e home repair ........................................ C Mortuaries ................................................ P Motels .................................................... P Motorcycle saleslservice ................................... P Movie theaters, drive-in .................................. C Movie theaters, walk-in ................................... P Museums ................................................... P Music schools ............................................. P Musical instrument stares ................................. P Newspaper printing ........................................ P Non-profit organizations' offices ......................... P P ordinance ~- 9 P P P P P P P P P P P P P P P P P P P P P P C C P P P P P C C P P P P P P P P P P P P P P P P P P P P P P C P P P P P P P P P P P C P P P P P P P P P P Nurseries, plants & plant materials ....................... P P Office equipment & supply stores .......................... P P Opticians' offices ........................................ P P P Paint, glass, and wallpaper stares ........................ P P Parks & playgrounds ....................................... P P P Parking areas, pvt, ....................................... P P P Parking areas, public ..................................... P P P Parking garages, private Up to two levels ........................................ P P Three or more levels .................................... G P Parking garages, public Up to two levels ........................................ P P Three or mare levels .................................... C P Pawnshops ................................................. P P Pet shops ................................................. P P P Photographers' studios .................................... P P P Picture framing and glazing ............................... P P P Planned unit developments has per PUd regulations ,....... P P P Plasma centers ~standards~ ................................ C Plumbing supplies, must include retail .................... P P Post offices .............................................. C P P Pottery shops ............................................. P P P Printing, blueprinting, duplicating, & allied services .... P P Public buildings/facilities NEC except Sec. 9.492 uses... P P P Publishing services ..................................... P P Radio ~ te1evision sales/service .......................... P P Radio, television, and recording studios .................. P P Real estate sales offices ................................. P P P Record and high fidelity equipment stores ................. P P P Recreational vehicle and tent parks ~standards~ ........... P Recreational vehicle repair ............................... C Recreational vehicle sales/service ......................... P G Recruiting offices, U.S. military ......................... P P Rental services, NEC ...................................... P P Restaurants, not drive~in/up ~standards~ .................. P P P Within office buildings ................................. Restaurants, drive-in/up (standards} ...................... P Restaurant supply outlets ................................. P P schools, pvt, licensed educational/vocational curriculum .. P P Scientific & educational research centers ................. P P Secondhand stores, enclosed buildings ..................... P P Secondhand stores, outside sales/storage .................. C Service stations, minor repair ............................ P P C With car wash ........................................... C P C Service stations, including major repair .................. P Sewing machine sales/service .............................. P P Shoe repair shops ......................................... P P P Shoe stares ............................................... P P P Skating rinks, indoors .................................... P P Sma11 animal clinics, one night stay ...................... P P Small animal clinics & hospitals, two or more nights stay . C Sporting goods store ...................................... P P P Stationery stores ........... ............................... P P P~ Stenographic & secretarial services ....................... P P P ordinance ~ 1D P P P P P P P P C P C P C P C P P P P P P P P P P P P P P P P P P P P P P P P P Stockbrokers' & investment counselors` offices ............ P P P Storage facilities, household/consumer goods, enclosed ,... P P Storage facilities, household/consumer goods, outside ..... C P Tailor shops .............................................. T l h P P P e ep one answering services .............................. P P P Telephone & telegraph exchanges ........................... P P Theaters $~ auditoriums, 1 i ve performances ................. P P Tires, sales/service ...................................... P C P Title & trust companies ................................... P P Tobacco shops ............................................. Toy stores P P P P P ................................................ Tractor sales/rental/service .............................. G P C P Trading stamp redemption centers .......................... P P P Trailer, vacation, sales/rental/service .................... C C P Travel agencies ........................................... P P Truck, heavy, sales/rental/service ......................... C C P Truck, light, sales/rental/service ......................... P C P Upholstery shops, automobile furniture .................... P C P ~lariety stores, general merchandise and dry goods ........, P P P wholesale trade ........................................... P Notations: P 1. The Building Official shall determine if uses similar to the above in terms of district intent, operating characteristics, building bulk and size, parking demand, customer types, and traffic generation are to be per- mitted, permitted conditionally, or prohibited in the district requested. ~. 1n all but the C~-4 District, all uses except those normally associ- ated with outdoor displays, storage, or operations, such as automobile sales, craft markets, garden supply centers, & service station pump islands, shall be in entirely enclosed buildings unless otherwise approved in a conditional use permit. 3. Administrative offices in the C-4 District that existed on August $, 1984 are exempt from sections 9.61 to 9.626 pertaining to non-conforming uses. This exemption is limited tv development sites vn which the adminis- trative offices existed an August 8, 1954, Section 14. Section 9.440 of the Eugene Code, 1971, is amended by add- a new subsection ~k~ thereto, to read and provide: 9.440 S eci al Standards. 1n 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: ~k} Restaurant outdoor seating, when next to property in a residential district: 1. The distance between outdoor seating and residential property must be at least ~0 feet and must be planted and maintained with building official approved landscaping. 2. Except as required for vi si an clearance, a six to eight foot high 104% opaque fence or wall on the property line Drdinance - 11 must be installed between outdoor seating areas and residen- tial property. When an abutting property owner approves, vegetation can be substituted fora portion or all of the otherwise required fence or wall . Section 15. Subsection (7)(a) of Section 9.510 of the Eugene Code, 1971, is amended to read and provide: 9.51D General Provisions. ~7} Buildings and _uses ,Permitted, Buildings and uses i n planned unit developments are permitted as follows: ~a} AG, RA, R-1, R-~~, R-3, and R-4 zones: 1. Buildings and uses permitted outright or conditionally in the zoning district in which the proposed planned unit development is located. 2. Accessory 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. Section 15. 5ubsectian ~1D}fib} of 5ectian 9.51 of the Eugene, Cade, 1971, is amended to read and provide: 9.512 Tentative Plan Consideration. (10) Appeal Hearing. fib} The planning cammmission sha11 render its decision with- in 15 days of the hearing, unless the applicant and appellant agree to a longer time period. The commission shall, by order, with supporting findings and conclusions, affirm, reverse, or modify a hearings official`s decision. Before granting an appeal or before changing any of the conditions the hearings official im- posed, the commission shall make findings of fact as to why the hearings official's findings were in error. The commission`s action is final and must be agreed to by a majority of the members present at the hearing. A tie planning commission vote sha11 re- sult in affirming the previous decision of the hearings official. Section 17. Subsection ~5} of Section 9.515 of the Eugene Code, 1971, is amended to read and provide: 9.515 Final Plan Consideration . Ordinance - 12 (5~ A eats. ~iithin ten days of a planning director's decision, it may be appealed to the hearings official by the applicant, an adversely affected person, ar a party entitled tv notice. The appeal shall be on a planning department form and must state specifically how the planning direc- tor failed to properly evaluate the proposed final plan or make a~decision consistent with approval criteria. Section 18. Subsection (1~(a) of Section 9.534 of the Eugene Cade, 1971, is amended to read and provide: 9.534 Bui 1 di ng_ Height Li m,i t,ati ons ~1~ Resident~~al: (a~ In the AG, RA, R~-1, and R-2 districts, na main building shall exceed 25 feet in height except duplexes, triplexes, and fourplexes in RA and R-1 districts shall be limited to 15 feet in height within ZQ feet of any interior property lines. Accessory buildings in the AG district sha11 have no building height limitation, while accessary buildings in the RA, R-1, R-2, and R-~3 districts are limited to 15 feet in height. Section 19. Subsections (3~ and (5}(b} of Section 9.53$ of the Eugene Code, 1971, are amended to read and provide: 9.538 General Yard Re~,ulatians. (3} Except for shared outdoor living area approved in connection with a cluster subdivision or a planned unit development, no yard or open space on adjai ni ng property shat 1 be cansi dered as providing required yard or open space for another lot or development site under the provisions of this ordinance. (6~ vision clearance required. Corner lots shall have vision clearance as follows: (see Figure 9,} (b~ In districts where front yards are not required, and the right-of-way of an adjacent street is less than 56 feet in width, both 1 egs of the vision clearance triangle steal 1 be a minimum of one foot in length for each foot of street right-of-way width under fi5 feet. Regardless of adjacent street right-of-way width, triangle legs need never exceed 10 feet in length. Section ~0. Subparagraph (d} of Section 9.544 of the Eugene Code, 1971, is amended to read and provide: 9.544 Yard Exce tivns 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: Ordinance - 13 ~d~ Fences and walls: ~. In any residential district, a fence or wall, not to exceed six feet in height may be located or maintained within the required interior yards except where the requirements of vi si an clearance apply. Fences or walls may be p1 aced i n front yards provided they da not exceed 2-~/Z feet in height. Fences or walls between 2-1/2 and six feet in height shall be permitted in residential district front yards provided: a. Plans and specifications are approved by the building official and a building permit has been issued. b, There will be adequate vision clearance for vehicles and pedestrians passing on public rights-of-way as well as those leaving development sites and adjacent properties. c. The fences and walls will comply with all applicable provisions of Chapter $ of the Eugene Code, 1971, including but not limited to construction of durable materials treated for decay prevention, and the ability to withstand wind and other anticipated loading conditions. d. The fences or walls will be located at least five feet from dwellings an adjacent property. e, ~f chain link wire-woven} fences are used, they are manufactured of corrosion proof materials with wire of at least 11-~/2 gauge. ~. ~n any commercial or industrial district, fences or walls not to exceed eight feet in height may be located or maintained in any yard except where the requirements of vision clearance apply. Fences or walls over six feet high require a building permit approved in accordance with the building code. Section 21. Subsection X23 of Section 9.546 of the Eugene Code, 1971, is amended to read and provide: 9.546 Lot or Develo ment Site area Re aired Per Dwellin Unit, ~~~ ~n the R-2 district there shall be a minimum of 2,65D square feet of lot ar development site area per dwelling unit, except as provided far lots of 2,25D square feet in this chapter. Section 22. Subsection ~Z~ of Section 9.558 of the Eugene Code, 1971, is amended to read and provide: 9.558 Main Buildin sand Uses and accessory Buildin s. ~2} Except as otherwise provided for in planned unit developments, mixed use districts, or special development districts, in any residential district, there shall be only one main use per lot or development site, pro- vided that home occupations .shall be a1lvwed where permitted. ordinance - 14 Section 23. Subsection ~f~ of Section 9.5$2 of the Eugene Code, 1971, is amended by adding a subparagraph 3. thereto, to read and provide: 9.582 Re uired Off-Street Parkin Off street parking shall be provided as follows: ~f} Dff-street parking is not required in the fallowing areas: 3. Twa areas on the south side of East 11th Avenue, between Hilyard Street and Alder Street, which are described as: Lots 2 and 3, Block 4, Shaw's 2nd Addition, Book G, Page 364, Lane County Oregon Plat Records; and NORTH SIDE: Beginning at the northeast corner of Lot 1, Block 4, Shaw~s 2nd Addition, Book G, Page 364, Lane County Oregon Plat Re~- cords, the True Point of Beginning; thence east along the south right of way line of East 11th Avenue 117.18 feet to the west right of way line of Alder Street. EAST SIDE: Thence south along the west right of way line of Alder Street 16Q.5C feet to the north right of way line of a 14 feet wide alley. SDUTH SIDE: Thence west along said alley 116,0 feet to the southeast cor- ner of the above described Lot 1, Black 4. WEST SIDE: Thence north 16D.0 feet to the True Point of Beginning in Eugene, Lane County, Dregon. Section 24. Section 9.588 of the Eugene Code, 1971, is amended to read and provide: 9.588 Parkin Re uirements far Uses not S ecified. The parking space requirements for buildings and uses not set forth herein shall be determined by the building official, and such determination shall be based upon the requirements for the most comparable building ar use specified here- in. The decision of the building official may be appealed to the hearings official in the manner provided far appeals set forth in sections 9.732 to 9.746. Section 25. Subsection ~c} of Section 9.592 of the Eugene Cede, 1971, is amended to read and provide: 9.592 Parkin Area Im rovements. All public or private parking areas which contain three or more. parking spaces and outdoor vehicle sales area, shall be improved according to the fallowing: Ordinance -~ 15 ~c~ All required parking areas and service drives, except those required in conjunction with single family yr two family dwellings that abut a residential district, shall be enclosed along interior property lines that abut thane residential districts with a 75 percent opaque site -obscuring fence, wall, or hedge three to eight feet in height. The fence, wall or hedge shall adw here to the visual clearance and front and interior yard require- ments of the district i n which i t i s 1 ocated. If i t i s not 1 ocat~- ed on the property line, the area between the fence, wall or hedge and the property line shall be landscaped with lawn or law-growing evergreen ground cover, or vegetable or rock mulch. A11 plant vegetation in this area shall be adequately maintained by a per- manent irrigation system, and fences, walls and hedges shall be maintained in gaol condition. Plantings shall provide the requir- ed degree of screening within one year of installation. Adequate provision shall be maintained to protect walls, fences and plant materi a1 s from being damaged by vehicles using the parking area. Section 26. Section 9.620 of the Eugene Code, I97I, is amended to read and provide: 9.620 Nonconformin Use of Buildin s ar Structures ~ Residential District. A nonconforming commercial or industrial use of a building ar structure in a residential district shall not be expanded or extended into any portion of such building or structure. If such nonconforming use is dis- continued, any subsequent use of the building, structure ar portion thereof shall conform to the regulations of this ordinance. Section 27. The first paragraph of Section 9.644 of the Eugene Code, I97I, is amended to read and provide: 9.644 Noise. In addition to applicable provisions in Chapter 4 of this code, maximum sound emissions shall not exceed equivalent sound pressure levels in decibels, A-Weighted Scale, for any one hour as stipulated in the table in this section. These maximums are applicable beyond any property lines of the property containing the noise. Equivalent sound pressure level ~Leq~ is a measure of the sound level for any one hour. It is the energy average of all the various sounds emitted from the source during the hour. A-Weighted Scale is used to adjust sound measurements to simulate the sensitivity of the human ear. Section 28. Section 9.674 of the Eugene Code, I97I, is amended to read and provide: 4.674 Decision and A eal Authority. If a gone change is for property proposed for annexation to the city, the planning commission shall recommend its approval to the council in conjunction with the annexation or deny the change. The city council shall act on appeals from planning commis- Ordinance - I6 sion denials and planning commission recommendations for approval of zone changes in conjunction with annexations. If a zone change only includes property already in the city, it shall be approved, modified and approved, or denied by the hearings official. The planning commission shall act on appeals from decisions of the hearings official. Commission decisions are final. All final zoning district change decisions shall be by order which shall mandate in relevant cases that the zoning map established under sec- tion 9.274 of the Eugene Code, 1971 be amended to reflect the allowed change of zoning district. Section 29. Section 9.682 of the Eugene Code, 1971, is amended to read and provide: 9.682 Appeal Notice and_Actian. ~~} Unless the applicant and appellant agree to a longer time period, the commission shall hold a hearing to allow oral argument on an appeal from a hearings official deci si an within 30 days of its receipt. The The council shall hold a public hearing to allow oral argument on an appeal from a planning commission decision within 40 days of its receipt. At least ten days prior to the hearing, the planning department shall mail notice thereof to the applicant, appellant, and parties who requested notice of the previous decision . ~2} Unless the applicant and appellant agree to longer time per- i od, the commission or counci 1 shal 1 make a decision wi thi n 15 days of the hearing. The council, by order with findings and conclusions therein, shall affirm, reverse, or modify the planning commission's decision. The commission, by order with findings and conclusions therein, shall affirm, modify or reverse the hearings official's decision. i~hen a decision is reversed or modified, the commission or council shall make findings of fact as to why the previous decision was in error based on required criteria. The appeal decision shall be agreed to by a majority of the members present at the hearing. A tie planning commission vote shall result in affirming the previous decision of the hearings official. (3} The planning department shall mail a copy of the appeal decision to the applicant, appellant, and parties who have requested it. Section 30. Subsection ~8} of Section 9.690 of the Eugene Code, 1971, is amended to read and provide: 9.590 Site Plan Review Procedure. ~8} A eal. ~a} Ali thi n ten days of the planning director's decision, i t may be appealed to the hearings official by the applicant, or an adversely affected person. fib} An appeal shall be on a planning department farm and and shall state specifically how the planning director failed to properly evaluate the proposed site plan or make a decision con- si stent with applicable criteria . Ordinance - 17 ~c} Unless the applicant and appellant agree to a longer time period, the hearings official shall hold a hearing to a11aw oral argument on an appeal within 15 days of its receipt. At least ten days prior to the hearing, the planning department shall mail notice thereof to the applicant, appellant, and parties who re~ quested notice of the planning director's decision. ~d} Within ten days of the hearing, unless the applicant and appellant agree to a longer time period, the hearings affi- ci a1 shall make a deci si an and mai 1 a copy thereof to the appl i cant, appellant, and parties wha have requested a copy. The hear- ings official's decision is final. Section 31. Subsection ~2} of Section 9.716 of the Eugene Code, 1971, is amended to read and provide: 9.715 Acts on on Appeal ,,by Pl.,ann_i„n~ Co,mmfi ssi on . ~2} Unless the applicant and appellant agree to a longer time period, the .cammi ssi an shat l make a decision within 15 days of the hearing. The commission may, by order with findings and conclusions therein, affirm, reverse or modify in whole or in part, any decision, determination or requirement of the hearings official. Before granting an appeal, or before changing any of the conditions the hearings official imposed, the commission shal 1 make f i ndi ngs of fact as to why the hearings official's findings were in error. The commission's action is final, and must be agreed to by a majority of the members present at the hearing. A tie planning commission vote shall result in affirming the previous decision of the hearings official. The planning department shall mail a copy of the decision to the applicant, appellant, and persons who have requested a copy. Section 32. Subsection ~1} of Section 9.742 of the Eugene Code, 1971, is amended to read and provide: 9.742 Appeal. ~1} Building official variance decisions and other building offi- cial decisions relating to his ar her interpretation of this ordinance may be appealed to the hearings official within ten days of the decision or in- terpretati on, on a building division farm. An appeal may be taken by the applicant, a person adversely affected by the decision, or a party entitled to notice . Hari ante appeals shat l state how the building official failed to properly evaluate the proposed variance or make a decision consistent with applicable criteria. Section 33. Subsections (6) and (9) of Section 9.810 of the Eugene Code, 1971, are amended to read and provide; 9.81D Mobile Home Parks - General Provisions. Grdinance - 18 ~6~ Accessory buildin.c~s a_nd structures setbacks Carports storage buildings, porches and accessory bu~~~~d~ n~gs, and structures aver 30 inches i n height shall be located at least 10 feet from the abutting lots' mobile homes, accessary buildings and structures; provided, however, awnings, patio covers, and their supporting structures may be located up to within six feet of the abutting lots' mobile homes, accessory buildings and structures. ~9~ Permissible ale. .Prior to location of a mobile home in a mobile home park, the owner or occupant shall establish to the satisfaction of the superintendent of building inspection that the mobile home is in a condition that conforms to one of the fallowing construction standards: ~a~ A mobile home constructed on or after September 1, 1969, shall conform to standards in effect in Dregon at the time of con- of construction. ~b~ Mobile homes constructed prior to September 1, 1969, shall be in a condition that is not less than the substantial equivalent of construction standards in effect in Oregon on Septem- ber 1, 1969. Section 34. Section 9.980 of the Eugene Cade, 191, is amended to read and provide: 9.980 Buildin official. Tt shall be the duty of the designated city official to enforce the provisions of this ordinance pertaining to land use and to the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures. the enactment of this ordinance shall not invalidate any prior, existing or future prvsecu-~ ti ons for violation of the zoning regulations cammi tted under previous, applicable city ordinance then in effect. Section 35. That the matters contained herein concern the public wel- fare and safety, and in order to insure the orderly administration of the City's land use regulations an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 10th day of June, 1985 ~~~. ~~~- ~~ City Recorder ordinance - 19 Approved by the Mayor this