HomeMy WebLinkAboutOrdinance No. 19197~ ~ } .f
ORDINA~vCE NO.
AN ORDINANCE CONCERNING LAND USE APPLICATION PRO-
CESSES; AMENDING SECTIONS 2.013, 2.350, 2.310, 2.391,
7.25x, 7.595, 7,600, 7.605, 5.813, 8.815, 8.820, 8.825,
. 8.530, 8.835, 8.$40, 8.845, 9.010, 9.015, 9.025, 9.030,
9.035; 9.440, 9.045, 9.090, 9.095, 9.272, 9.278, 9.505,
. 9.549, 9.510, 9.512, 9.516, 9.518, 9.520, 9.588, 9.668,
9.670, 9.672, 9.674, 9.676, 9.678, 9.680, 9.682, 9.654,
9.686, 9.688, 9.690, 9.694, 9.696, 9.698, 9.700, 9.702,
9.706, 9.708, 9.710, 9.714, 9.716, 9.715, 9.720, 9.721.,
9.722, 7.724, 9.7.32, 9.734, 9.736, 9.740, 9.742, 9.744,
9.746, 9.850, 9.552, AND 9.990 DF THE EUGENE CODE, 1971,
ADDING NEW SECTIONS 7,.610, 8.823, 8.850, 9.150, 9.152,
9.154, 9.156, 9.158, 9,160, 9.162, 9.164, 9.166, 9.168,
9.170, 9.651, 9.738, 9.830, 9.832, 9.834, AND 9.536 TD
.THAT CODE; REPEALING SECTIONS 2.355, 9.020, 9.514, 9.692,
9.704, 9.712, 9.748, 9.750, 9.752, 9.754, 9.756, AND
9.755 OF THAT CODE; AND PRO1lIDING FOR AN EFFECTI!!E DATE.
THE CITY DF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.013 of the Eugene. Cade, 1971, is hereby amended
by deleting the Zoning Baard.of Appeals from the table of City Boards
Committees and Commissions contained therein.
Section 2. Section 2.350 of the Eugene Code, 1971, is hereby amended
by deleting subparagraphs (c), (d), and (f) therefrom and relettering the
present subparagraphs (e), (g), (h), (i), (j ), and (k) to (c), (d), (e),
(f), (g), and (h) respectively.
Section 3. Section 2.355 of the Eugene Code, 1971, is hereby re Baled.
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Section 4. Section 2.370 of the Eugene Code, 1971, is hereby amended
to read and provide:
2.370 Hearin s Official - A ointment and Duties.
~1} Hearings officials shall be a ointed b the cit
pp y y manager
and shall hold office at the pleasure of the city manager. .
~2} It shall be the duty of a hearings official to exercise an
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express or implied power, right or act pursuant to this code ar DRS Chapter
227, and to receive and examine available information, conduct ublic hear
in s re are a record thereo .p
.g s P p f, and enter f~nd~ngs and conclusions ~n connec-
t7on therewith.
~3} The city manager, i n consultation with the e '
p rsonnel d~rectar
and representatives of the commissions, shall establish a job descri tion
and ua1ifications for hearin s p
q g of f ~ c~ a1 s . The c~ ty manager shat 1 appoint,
as the.need arises, persons who meet the qualifications, to hear particular
complaints brought pursuant to section 4.645 of this code. Each commission
sha11 notify the city manager of the need fora hearings officer to hear
a complaint filed with the commission.
Ordinance -~1~-
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Section 5. Subsection 1 c of Section 2.391 ~~~
~ }~ } of the Eu ene Code
9 ,
1971, is hereby amended to read and provide:
2.391 Quasi-Judicial Hearin s - Rules.
~c} Review by the hearings official of a grant ar denial
of a zoning variance by the building official or review by the
city caunc~l of a grant or denial of a sign code variance by the
sign code board of appeals.
Section 6. Sections 7,Z5D, ?.595 7.6x0 and 7.605 0
f the Eugene Code,
197, are hereby amended, and a new Section 7.6.10 added theret
o, to read and
provide;
7.~5D Local Im rovements - Se re atian of Assessments.
~1} Whenever property assessed as an entire tract is subse uentl
subdivided or artitioned a erso ~ q • y
p p n owning any of the subd~v~s~on or part~-
t~on and des~r~ng to remove the assessment or to apportion the assessment
among the lots in the subdivisian or parcels in the partition shall a ly
through the cit finance officer t pp
Y o the council fora segregation of the
assessment and a determination of the amount due on that subdivision or
partition.
. ~Z}, The finance officer shall thereupon cause an appraisal of the
ent~ re subd~ v~ s~ on or partition .
~3} If the council finds that the segregation can be made without
prejudice to the security interest of the city, the finance officer shall
upon receiving payment applicable to the segregated portion of the tract
discharge the lien of the assessment on that subdivision or partition.
~4} Notwithstanding ~3} above, if the assessment is for off-
street parking facilities, the finance officer shall conduct a hearing an
the requested segregation. Each owner of a lot in a subdivision or arcel
in a partition shall be entitled t p
o be heard at that hearing and shall re-
ceive ten days advance native of the hearing. On the basis of the evidence
presented at the hearing, the finance officer shall recommend to the council
that the segregation be approved or disapproved, Upon receipt of the recom-
mendation, the council shall consider the matter, and if the council finds
that the requested segregation can be made without prejudice to the securit
i nterest of the ci t i t shat 1 direct th y
Y~ a finance officer to apportion the
assessment among the subdivisian lots or partition parcels and change the
assessment lien docket accordingly.
~5} If the council determines that the city would be re`udiced
p J
by a segregation requested pursuant to subsection ~1} of this section a -
ment of the entire assessment far the s p y
ubdivision or partition shall be a
condition precedent to discharge of the lien of the assessment.
~6} Each application for segregation of assessment shall be
accompanied by a fee in the amount specified in the schedule of fees estab-
lished by resolution of the council.
I~ACATION PROCEDURE
1.595 1~acation of Im roved Ri hts-of-~ay and Unim raved Streets and
ordinance -2-
s . - Pe
y ,~.W tl„t~i oner Dep,os~ t. Then a pets t~ on for the vacation
of an improved right~of-way, public p-lace or part thereof, or Unim roved
street or alle includin p
y, g an improved easement or part thereof, is pre-
sented to the finance officer for filing and consideration by the council
the person presenting the petition shall deposit with the finance officer
a fee as established by resolution of the council. This deposit shall be
used to pay the cost of publishing and pasting notices of the proposed
vacation and other expenses as are incurred. In case the cost exceeds the
amount of the deposit, an additional sum sufficient to cover the deficiency
shall be collected by the finance officer before .the vacation is com leted.
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7.600 Vacation of Im roved Ri hts~af-~ay and Unim roved Streets ar
A11 eys - Grant or Denial of Petition .
~1} The council may, upon hearing a petition far a vacation
of an improved right-~of~way or unimproved street or alley, grant the same in
whole or in part, or may deny the same in whole or in part, or may rant the
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same with reservations as would appear to be for the public interest, includ-~
Ong reservations pertaining to the maintenance and use of all public utili~
ties in the portion vacated, and may make an assessment and provide far the
payment to the city of a sum of money as the council may find to be just and
equitable as an assessment of special benefit on the real property abuttin
on the vacated area ar a benefit t g
o the property which, by reason of the
vacation abuts on a vacated area, and the cast of curbs, draina e avin
sewer ar other local im ro g ' p g'
p vement, already completed or to be constructed upon
the area vacated. The assessments, together with all casts shall not exceed
the amount of special benefit resulting or inuring to the abutting ro erty
p p
by reason of the vacation.
~2} Tn the event a petition is wholly denied, the deposit shall
be retained. Any money retained, and any sum assessed and collected as
benefits, shall be paid into the finance office.
7.605 Vacation of lm roved Ri hts-of~~ay and Unim roved Streets
and Alleys - Notice of Pro osed Assessment. Notice of proposed
assessment for benefits shall be given to the owners of the property tv be
assessed at least seven days before the council meeting at which the assess-
ments are to be considered or made. The finance officer shall cause notice
to be given either by publication in one issue of a newspaper of general
circulation i n the city or by sending a copy thereof by certified mai 1 to
the owner of each parcel of real property proposed to be assessed, at the
address of the owner as it is contained in the assessment records in the
office of the assessor of the county. The notice shall contain a statement
of the names, addresses and amount of proposed assessment of each landowner
alleged benefited by the vacation and the hour, date and place of the meet
ing at which the council will consider objections to the vacation or to the
assessment.
7..610 Vacation of Unim roved Easements and Undevelo ed Subdivision Plats.
~1} A lication. An application for vacation of unimproved ease
ments or undeveloped subdivision plats shall be submitted by the applicant,
together with such related information as prescribed by the planning de art-
ment, and accom anied b the fee p
p y set by the council.
~2} Notice, within ten days of receipt of a complete and
accurate application, and at least ten days before the planning director
makes a deci si an, the planning department shat 1 mai 1 a notice of the re uest
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Ordinance -3~
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to owners of property on which the area sought to be vacated exists
affected property owners}, affected agencies and utilities.
~3} Planning d,i.rectar_,.,deci si o„n~
Via} Unless the applicant agrees to a longer period, within 30
days of receipt of a complete and accurate application, the pla n
Wing director shall approve, conditionally approve, or deny a vaca-
tion, with findings and conclusions thereon. Findings shall be
based on the following criteria:
~. The subject area is not presently or in the future
needed far public services, facilities, or utilities;
. ~. Such publ i c services, foci 1 i ti es or uti 1 i ti es can be
extended in an orderly and efficient manner; and
3. The vacation is consistent with applicable transpor-
. tation plans.
fib} On the date of the planning director's decision, a copy
thereof shall be mailed to the applicant, affected property owners,
agencies, utilities, and other persons who have requested a copy,
~c} ~f a vacation request requires re-examination of exist-
ing standards or policies, the planning director may refer the
matter to the planning commission fora decision,
~4} Effective date. If acceptable to the applicant, affected
property owners, agencies, and utilities, a decision shall be effective when
approved. otherwise, unless appealed, a decision is effective on the
eleventh day after i t i s entered.
(5} A eal,~
~a} within ten days of a planning director's decision, it may
be appealed to the hearings official by the applicant, an affected
property owner, agency, utility, or an adversely affected person.
fib} An appeal shall be on a form prepared by the planning de-
partment, shall be based on the record, and shall state specifi~
cally haw the planning director failed to properly evaluate the
proposed vacation or make a decision consistent with required
criteria,
~c} Unless the applicant and appellant agree to a longer time
period, the hearings official shall hold a hearing to allow oral
arguments on the appeal within 15 days from the date it is receiv-
ed. At least ten days prior to the hearing the planning depart-
ment shall mail notice thereof to the applicant, appellant, and
affected property owners, agencies, utilities, and persons who
requested 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 official
shall render a decision and mail a copy thereof to the applicant,
appellant, affected property owners, agencies, utilities, and per-
sons who have requested a copy. The hearings official's decision
is final as of the date entered.
Section 7. Sections 8,813, 8.$15, 8,$Z0, 8.825, 8.830, 8.835, and 8.845
of the Eugene Code, 1971, are hereby amended, and new sections 8.823 and
8.850 added thereto, to read and provide:
8.813 A licatian of Sections. Changes in sign district boundaries as
indicated on the Sign Qistrict Map, shall be made as provided in
in sections 8.815 to 8,850, except that changes in sign district boundaries
ordinance -4-
shall be considered automatically in conjunction with zoning district boun-
dary changes, Changes to the text of this sign code shall be made in the
same manner as zoning ordinance text amendments.
8.SI5 Initiation. A change in the boundaries of any sign district ma
y
be initiated by the planning commission, city council, or the
owner. of property within the area for which the change of district is
proposed,
8.820 A li~catian, Fee; and Public Hearin Notice.
. ~ I} A, property owner proposing a change i n sign district bound-
aries shall subrn~t an application and related information fora change in
sign district boundaries in the manner prescribed by the planning depart-
ment, The application shall include:
~a} Name and address of applicant.
fib} Statement that the applicant is the owner of the
property for which the change in sign district boundary is
proposed, or his or her agent.
~c} Address and description of property.
~d} Reasons for which the change is being asked.
~2} The. application shall be accompanied by a fee as set by the
council .
~3} At least ten days before the hearing, the planning de artment
shall mail a notice thereof a p
nd ~nformat~on on the nature of the request to
the applicant, owners and occupants of the affected property, abuttin ro -
erty owners and accu ants and o ~ .g P p
p wners and occupants of properties adjacent
to abutting properties. For this notice, properties abutting the area of
the sign district boundary change proposal include those separated from it
by intervening streets or alleys. At least ten days prior to the hearin
the plannin de artment shall also o g'
g P p st notices of the nature of the request
and the hearing in at least three places within 300 feet of the subject
property.
8.823 Oeci si on and A eal Authority. If a sign district boundary than e
g
is for property proposed far annexation to the city, it shall be
approved, modified and approved, or denied by the planning commission. The
city counci 1 shall act on appeals from planning commission decisions on si n
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district boundary changes i n conjunction with annexations . If a si n di s-
trict boundar chap a onl inc ~ .g
Y g y Ludes property already ~n the city, ~t shall
be approved, modified and approved, or denied by the hearings official. The
planning commission shall act on appeals f ram decisions of the hearin s
official. Commission decisions ~ ~ ~ g
are f ~ nai . Al 1 final sign d~ str~ ct boundary
change decisions shall be by order which shall mandate in relevant cases
that the Sign District Map be amended to reflect the allowed chap a of si n
9 g
district.
8.825 Inyesti~c ati o„n and ,.,,Rep,ort~ The p1 anni ng department shall i nvesti ate
g
the facts bearing upon an application, prepare a report, and submit
i t to the commission or hearings offi ci a1 for consideration, prior to, or at
the public hearing. A copy of the report shall be mailed or delivered to the
applicant at the time it is delivered to the commission or hearings official.
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Ordinance -5-
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8.830 Public Hea„ring.
~~~ Unless the applicant agrees to a lon er time eriod '
45 d g p , within
ays of receipt of a complete and accurate application, the commission
or hearings official shall hold a public hearing to consider the ro osed
than a in si n district boun p p
g g dames.
~Z~ The cammission or hearings official shall review the a lication
pp
and receive pertinent evidence and testimony as to why or how the ro osed
change i s consistent with the ~ fo p p
11 owe ng criteria ;
~a~ The change will result in fair and equal treatment of
businesses in the area that are dependent on similar kinds of
traffic,
. ~b~ The change is consistent with the purpose and
description of the requested sign district.
8.835 Decision.
~1~ Within ten days following the public hearin unless a os -
ment is a reed to b g' p t
9 y the applicant, the commission ar hearings official
shall approve, modify and approve, or deny the application b entr of an
order with findin s and con y y
g clus~ons based on the criteria in section $.534.
~Z~ Qn the day after the cammission or hearings official makes
a decision, the planning department shall mail a copy of the decision to
the applicant and parties who requested a copy.
~3} Unless appealed, the decision is final on the eleventh da
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after it is entered.
8.$40 Appeals. Within ten days of a decision, it may be a ealed b
the a licant an ad e pp y
pp v rsely affected person, or a party entitled
to notice. The appeal shall be on a planning department farm, shall be based
on the retard, and must state specifically haw the cammission or hearin s
official failed to ro erl evaluate t g
p p y he proposed sign district boundary
change or make a decision consistent with the criteria fora royal . The
plannin de artment shall ro ~ pp
g p p vide the comm~ss~on or council with the record.
8.$45 ~ea1 Notice and Action,
~1} Unless the applicant and appellant agree to a lon er eriod
the commission or council shall g p '
hold a hearing to al 1 ow oral arguments on an
appeal within 30 days of its receipt. At least ten days prior to the hear-
ing the planning department shall mail notice thereof to the a licant
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appellant and ersons who re '
p quested nonce of the previous deco s~ on .
~2} Unless the applicant and appellant agree to a lon er eriod
the commission or council shall g p '
make a decision wi thi n ~5 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 or
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 majority of the members resent
at the hearin p
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~3} The planning department shall mail a notice of the decision
to the applicant, appellant, and parties who have requested a co
pY~
8.850 Limitations on Renewal or Refilin of A lication. When an
Qrdinance -6-
~i
a l~cat~on has been denied no e 9
pp n w application for the same
purpose shall be filed within one year of the date of the previous denial,
unless the hearings official or planning ~commmission, far a good cause,
grants permission to file a new application.
Section 8. Section 9.010 of the Eugene Code, 1971, is hereby amended to
read .and provide;
9.010 Pur ase and Intent. The city council hereby finds that it is neces-
sary in order to~accomplish the orderly development of land within
the city to provide rules, regulations, and standards to govern the approval
of subdivisions and partitions. 1t is the intent of this ordinance to pro-
tect 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 9. The definition for "Partition land" in Section 9.015 of the
Eugene Code, 1971, is hereby amended to read and provide:
Partition land. ,Division of an area or tract of land into
two or three parcels within a calendar year when that area or
tract of land exists as a unit ar 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; and
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,
Section 10. Section 9.020 of the Eugene Code, 1971 is hereby repealed,
and Sections 9.025, 9.030, 9.035 and 9.040 are hereby amended, to read and
provide:
9.025 Subd.i yi si on Checki n~g Fee, In order to defray the costs connected
with inspecting the site, taking measurements, and making computa-
tions as necessary to determine that a subdivision plat complies with state
law, the public works department shall collect a fee of $100 plus $5 for
each lot. This fee shall increase if required by changes in state law.
9,030 Minor Partition Procedure.
~ 1~ Minor Partition A~p,pl i c.ati on,. An application and related i n-
formation as prescribed~~by the plann~~ng department shall be submitted by the
Ordinance -7-
person proposing the minor partition, together with the fee set b the ~ ~ ~
y
council.
~Z~ 5urveyor Affidavit Re uired. ~1hen all or a portion of an
area included in a minor partition application has not been previously
included in a recorded plat subdivision} of lots averaging a maximum of
one-half acre each, the application shall include the affidavit of a
surveyor who is an Oregon registered engineer or Dregon licensed land
surveyor and who prepared the tentative plan for the area encompassed in
the proposed partition .
~3~ Pl anni~n , , Di rector,., Deci,,si one.
. ~a}Unless the applicant agrees to a longer time period, the
planning director shall approve, conditionally approve, or deny~a
a minor partition application and enter findings and conclusions
thereon, within 2D days of receipt of. a complete and accurate
application, The planning director's decision shall be based an
the fal 1 owl ng criteria:
~. Approval does not impede the future best use of the
remainder of the property under the same ownership or adverse-
ly affect the safe~and healthful development of the remainder
or any adjoining land or access thereto;
2. Unless not feasible because of property size, config
uration, orientation, vegetation, or topography, the minor
partition will allow maximum solar access to south-facing
building wa11s on December 2~ of any year between ~D a.m.
and 3 p.m. standard time,
3. The proposed development will be consistent with
applicable adopted neighborhood refinement plans, special
area studies, and functional plans.
4. The proposed development will not cause unreasonable
street congestion, risk of fire, flood, geological hazards,
pollution, or similar dangers, hamper adequate provision for
transportation, water supply, sewage disposal, drainage, edu-
cation, recreation, and other public services and facilities,
or result in inadequate light and air or overcrowding of land.
5. Either:
a. improvements as required by this code or as a
condition of tentative plan approval have been completed;
or
b. A performance agreement ~bond~ or suitable sub-
stitute as agreed upon by the city and applicant has
been filed with the finance officer in a sufficient
amount to assure the completion of all required improve-
ments; or
c. A petition for improvements has been properly
executed by the applicant who is seeking the partition
and will be assessed for the improvements.
6. Public assessments, liens, and fees with respect to
the minor partition have been paid, or a segregation of
assessments and liens has been applied for and granted by the
city council or the city finance officer, or an adequate guar-
antee has been provided assuring the taxes, liens, assess
ments and fees wi11 be paid prior to recordation.
~b~ ~f an application requires re-examination of existing
standards or policies, the planning director may refer the matter
to the planning commission fora decision.
~c~ The planning director shall mail a copy of the decision
ordinance -8-
to the applicant and parties who have requested~a copy on the date ~~/
~~
~t ~s rendered,
~d~ Except as provided for variances to this ordinance,
approval does not relieve the applicant from other applicable
provisions of this code or state law.
. ~e~ When it appears to the planning director that the area is
to be ultimately divided into four or more lots or parcels, he or
. she may require subdivision processing and approval.
~4} Dwnershi Verification of Dedications. ~f approval is condi-
tioned on the dedication of a portion of the area to the public, the a li-
cant shall submit to the lanai ~ ~ ~ pp
p ng department a current preliminary tale re-
port issued by ~a t~tie insurance company licensed in Oregon verifying owner-
ship by the applicant of the real property that is to be dedicated to the
public.
~5} Acknowled in Decisions. Minor partition approvals shall
be effective on the eleventh day after rendered, unless appealed, and shall
be noted an the partition map with the effective date of the approval.
~6} Return of A roved Minor Partitions. Unless appealed, the
the planning department shall return a copy of the approved minor artitian
p
map and approval documents to the applicant and shall provide two copies
thereof to the public works department.
~7} A eal of Minor Partition Decisions.
~a~ Within ten days of the planning director's decision, it
may be appealed to the hearings official by the applicant or an
adversely affected.per,son.
fib} An appeal shall be on a planning department farm, shall
be based on the record, and shall state specifically haw 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 far oral argu-
ments on an appeal within ~5 days of its receipt, The hearings
official, in his or her discretion, may allow the introduction of
additional evidence at that hearing. 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
planning director's decision,
~d} Within 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.
~S} Recordation. Approved minor partitions shall be recorded
~n the office of the Lane County Recorder before the city issues a buildin
permit for construction on newl cre g
y ated parcels.
~9~ Ex iration of Minor Partition A royal. Zf the minor artition
is not recorded and a royal co p
pp editions fullfilled within one year, the
approval expires, Anew application must be submitted far reconsideration.
9.035 Major Partition and Subdivision Tentative Plan Procedure,
~1} Tentative Plan - A lication. An application and related
information prescribed by the planning department as required for major
party ti on or subd~ vi si on tentative plan approval shal 1 be submitted by the
person proposing the tentative plan, together with a fee set by the council.
~~~ Tentative Plan - Review by Qther De artments and A encies,
W~th~n five days after a complete and accurate tentative plan application
ordinance ~-9-
i5 ~ '~~
received, the plannin de artment shall distribute co yes to -
g p p appro
priate agencies and departments for review, comments and recommendations.
Zf the planning department does not receive a written response ar extension
request within 15 days, it shall assume the proposal is acceptable as sub-
mitted,
~3} Tentative Plan - Notice to Abuttin Pro ernes. Within ten
days of receipt of a complete and accurate application and at least ten days
before the planning director makes a decision, the planning department shall
mail notice of the request to abutting property owners and occupants, and
owners and occupants of properties adjacent to abutting properties. For this
notice, properties abutting the area of the application include those separ-
ated from it by intervening streets or alleys.
~4} Tentative Plan - Plannin Director Decision.
~a} .Unless the appl i cant agrees- to a 1 onger time period, the
planning director shall approve, conditionally approve, or deny a
tentative plan application with findings and conclusions thereon,
within 30 days of receipt of a complete and accurate application.
The planning director's decision shall be based on the following
criteria
I. Approval does not impede the future best use of the
remainder of the property under the same ownership or adver-
sely affect the safe and healthful development of the remain-
der or any adjoining land or access thereto.
2. Unless not feasible because of property size, con-
figuration, orientation, vegetation, or topography, the major
partition or subdivision will allow maximum solar access to
south-~facing building wails on December 21 of any year between
14 a.m. and 3 p.m. standard time.
3. The proposed development will be consistent with
applicable adopted neighborhood refinement plans, special
area studies, and functional plans.
4. The proposed development will not cause unreasonable
street congestion, risk of fire, flood, geological hazards,
pollution, or similar dangers, hamper adequate provision for
transportation, water supply, sewage disposal, drainage,
education, recreation, and other public services and faci-
lities, or result in inadequate light and air or overcrowd-
ing of land.
fib} If an application requires re-examination of existing
standards or policies, the planning director may refer the matter
to the planning commission fora decision,
~c} On the date it is rendered, the planning director shall
mail a copy of the decision to the applicant and parties who have
requested a copy.
~5} Tentative Plan - Acknowled in Decisions. Tentative plan
approval shall be noted on the map or other application materials with the
effective date of approval. Unless appealed, the planning department shall
provide a copy of the approved tentative plan to the applicant after the
effective date of approval.
~~} Tentative Plan - Effective Date and Ex iration. Unless
appealed, the planning director`s decision is effective on the 1~th day
after it is made. The applicant may then proceed with final surveying and
preparation for final approval consideration of the major partition map or
subdivision plat. Tentative plan approval shall be effective for one year,
w~ the n why ch time the application and major partition map or application and
subdivision plat must be submitted, Otherwise, the entire procedure must be
repeated for consideration in light of changed conditions that may exist.
Ordinance -10-
.. ~~~~
~l} Tentative Plan - A eal to the Hearn s 0
ffic~al,
~a} ~lithin ten days of the planning director's decision, it
may be appealed to the hearings official by the applicant, an
adversely affected person, ar parties entitled to notice.
fib} An appeal shall be on a planning department form,
. shall be based on the retard, and shall state specifically how the
planning director fai 1 ed to properly evaluate the proposal or make
a decision consi stem with applicable criteria.
~c} Unless the applicant and appellant agree to a longer
period, the hearings official shall hold a hearing for oral argu-
ments an an appeal within ~5 days of submittal. At least ten days
before the hearing, the planning department shall mail notice
thereof to the applicant, appellant, and persons who requested
notice of the planning director's decision.
~d} within 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 persons who have requested a copy. The hearings
official`s decision is final.
9.U4U Major Partition Ma and Subdivision Plat Procedure.
~~} Major Partition Ma and Subdivision Plat - A lication. An
application and related information prescribed by the planning department as
required for major partition map or subdivision plat approval sha11 be sub-
mitted by the person proposing the subdivision or major partition, together
with the fee set by the council,,
~ 2} Ma j ar Partition Ma and Subdivision P1 at - Review by Other
De artments and A enties. Within five days after a complete and accurate
subdivision or major partition application is submitted, the planning depart-
ment shall distribute copes to appropriate agencies and departments for re-
view, comments, and recommendations. ~f the planning department does not
receive a written response or extension request within ~5 days, it shall
assume the proposal is acceptable as submitted.
~3} Major Partition Ma and Subdivision Plat - Plannin Director
Decision .
~a} Unless the applicant agrees to a longer time period, the
planning director shall approve, conditionally approve, or deny a
major partition map or subdivision plat within 3D days of receipt
of a complete and accurate application, with findings and conclu-
sions thereon. The planning director's decision shall be based on
the fol 1 owi ng criteria:
~. Streets, roads, and alleys for public use are dedi-
cated without any reservation or restriction other than rever-
si ovary rights upon vacation ,
2. Streets and roads held for private use and indicated
on the tentative plan of the subdivision or ma j ar partition
have been approved by the city.
3. The plat or map is in substantial conformity with the
provisions of the tentative plan far the subdivision or the
ma jar partition, as approved,
. 4. The plat or map contains a donation to the public of
all common improvements, including but not limited to streets,
roads, alleys, parks, sewage disposal and water supply
systems, the donati an of which was made a condition of the
approval of the tentative plan for the subdivision or major
partition.
5. All common improvements required as conditions of
Ordinance -1~-
19/9
approval of the tentative plan of the
partition have been accounted for and
or map.
6, There will exist an adequate
water and an adequate sewage disposal
proposed use of the land described in
7. Either:
subdivision or major
referenced on the plat
quantity and quality of
system to support the
the plat or map.
a. Tmprovements as required by the code or as a con-
dition of tentative plan approval have been completed; or
b. A performance agreement bond} or suitable sub-
stitute as agreed upon by the city and applicant has
been filed with the finance officer in sufficient amount
to assure the completion of all required improvements;
or
c. A petition for improvements has been properly
executed by the applicant who is seeking the partitian
or subdivision and will be assessed for the improve-
meets.
8. Taxes, as well as public liens, assessments, and fees
with respect to the subdivision or major partition have been
paid, or an adequate guarantee has been provided assuring the
taxes, liens, assessments, and fees will be paid prior to re -
cordati an .
fib} If an application requires re-examination of exi sti n
9
standards or policies, the planning director may refer the matter
to the planning commission fora decision.
~c} Except as provided for variances, approval does not re~-
1 lave the applicant from other applicable provisions of this code
or state law.
4} Major Parti ti an Ma and Subdivision P1 at - Acknowl ed i n
Decisions. Subdivision and major partition approvals shall be noted an the
map or plat with the effective date of approval. The planning director shall
mail a copy of the decision to the applicant on the date it is rendered.
~5} Ex i rati on of Major Partition and Subdi vi si on A naval s .
~a} If approval conditions are not fulfilled and the plat or
map recorded by the partitioner or subdivider in the office of the
Lane County Recorder within one year, approval expires and a new
application must be submitted for reconsideration,
fib} If the planning director determines conditions have
changed enough to warrant reconsideration of a tentative plan, an
application for tentative plan approval must be resubmitted and
approved prior to subdivision plat or major partitian map and
application submittal for reconsideration.
(6} Processin and Delivery of the A raved Subdivision Plat
or Major Partition Ma to the County Recorder. Following approval by
the planning director:
~a} ~n the case of a subdivision, the planning department
shall
~. Obtain on the approved subdivision plat the
signature of the city engineer, whose signature shall
certify that the platting laws of this state and the
requirements of this Code have been met;
~. Dbtain on the approved subdivision plat the
signature of the county assessor, whose signature shall
certify that all taxes on the property have been paid;
3. Obtain the signature on the approved subdivision
Ordinance -12-
ill
plat of a ma j ari ty of the board of county commi ssi avers
whose signatures shall certify that the plat is approved by
them;
4. Deliver the approved subdivision plat to the
office of the Lane County Recorder; and
. 5. Notify the subdivider that the approved subdivision
plat has been delivered to the office of the Lane County
. Recorder and may be recorded,
~b~ In the case of a major partition, the planning depart-
ment shall deliver it to the office of .the Lane County Recorder
and notify the parti ti over that i t has been del i vered and may be
recorded,
(7~ Delivery of Recorded Subdivision Plats and Major Partition
Maps to the ,,,City .
~a~ ~n~addition to requirements of state law pertainin to
. - g
f~l~ng and recording of approved subd~v~s~on plats, within five
.days of recordation, the subdivider shall furnish the city engineer
with a true .reproducible copy thereof, composed of the same
material as required by the county surveyor, or if not so required,
of the same material and specifications as required by the city
engineer.
~b~ ~n the case of a major partition map, within five days of
recordation, the petitioner shall furnish the planning department
with one true reproducible transparency of the recorded map.
Section ~~. Section 9.045 of the Eugene Code, X971, is hereby amended
to read and provide:
Platting and Mapping Standards
9.045 Plattin and Ma in Standards - Streets and Roads.
~1~ Dedication.
~a~ Generally. The planning ar public works director
may require rights-of-way for bicycle or pedestrian use as well as
for adequate and proper streets, including arterials, collector
streets, local streets, and other streets, to be dedicated to the
public by the applicant of such design and in such location as are
necessary to facilitate provision for the transportation and access
needs of the community and the subject area in accordance with the
purpose of section 9.010 of this code.
~b~ 5~ecial 5afet_y Re~rements. there necessary to insure
safety, reduce traffic hazards and promote the welfare of the gen-
eral public and residents of the subject area, the planning ar
public works directors may require that local streets be sa de-
signed as to discourage their use by non-local traffic.
~c} General Plan of Streets and Highways
1. Submi tti n Plan . The commi ssi on shall recommend
to the council a Eugene Planned Street and Highway
Right-of-way Plan and amendments thereto, for the city or
such portions thereof as necessary, indicating streets and
street systems needed to provide for the transportation needs
of the community.
2, Ad,..apti_on of Plan. Upon adoption and approval by
the council of any such plan yr amendment thereto, as
Ordinance -13-
from time to time may be submitted by the commission, a copy
thereof shall be filed with the finance. officer and a copy
shall be kept in the office of the city engineer and in the
office of the planning department for the use and information
of the general public.
3. Effect of Ado tion. Any such plan or plans and
amendments thereto adapted by the council shall be considered
by the commission and planning director to be a correct
designation of the transportation, access and safety needs
of the area ar areas included with respect to the streets
designated thereon, for the purpose of determining design
and location of streets to be required under subsections ~a~
and ~b~ above, unless convincing evidence to the contrary is
presented to the commission, .
~~~ Width.
~a~ generally. Widths of street right-afwway and paving
design for streets shall be not less than those set forth in
the table below; except that fora street abutting land not in
the subdivision or partition area a lesser width may be allowed
in the discretion of the planning and public works directors if
the applicant presents a satisfactory plan for future expansion
of the street to the width set out below.
fib} Existin Adjacent Street, The widths of street
right--of-way provided in the table below shall be the minimum
widths of right-of-way for streets existing along and adjacent to
any boundary of the subdivision or partition, and the applicant
shat 1 dedicate additional right-of -way, as determined by the
planning and public works directors in accordance with such
table, for any such adjacent street where the existing width of
right--of-way for such street is less than the minimum in the table.
Right~of-way Paving
Ty~ae of Street Width Wi dth*
Arterials ............................. 70' -- ~~0'** 36' _ 48'**
Collector Streets and all Business
Streets ether Than Arterials........ 74' - Sa'** 36' - 44'**
Local Streets i n Low Uensi ty Residenti al Areas
~Up to ten units per gross acre
~. Streets which in the
judgment of the planning and
public works directors will
never be more than 2,404' in
length, and which will have
relatively even division of
traffic to two or more exits..... 5D' ~8'
2. ether such streets...... 60' 36'
Cut-de-Sacs ........................... 5C' Z8'
Circular Ends of Cul-de~-Sacs.......... 92'*** 7U'***
All Streets Not Specifically
Provided for Above .................. 6n' 36'
* Measured from face to face of curbs.
** The planning and public works directors may require a width
within the limits shown based upon adjacent physical
cond~t~ons, safety of the public and the traffic needs of the
community, and in accordance with specifications adopted by
the council under section 9.085.
/9/ °/~'-
Qrdinance ~-~4-
Iql
~~* ~
Measured by diameter of circle const~tut~ng circular end.
~c} Sloe Easements. 51ope easements shall be dedicated
in accordance with specifications adopted by the council under
this section.
~3} Reserve Strips. The planning or public works director may
require the land di~v~~der to create a reserve strip controlling the access
to a street when he or she determines that a strip is necessary:
. ~a~ Ta prevent access to abutting land at the end of a
street in order to assure the proper extension of the street
pattern and the orderly development of land lying beyond the
street.
~~b~ To prevent access to the side of a street on the side
where addi ti anal width i s required to meet the right-of-~way
standards provided in the table of subsection ~2}.
~c} Ta~prevent access to land abutting a street of the
partition or subdivision, but not within the partition or
subdivision itself .
~d} Ta prevent access to land unsuitable far building
development.
~4} Intersections of Streets.
~a) A_ngles. Streets shall intersect one another at an
angle as near to a right angle as is practicable considering
topography of the area and previous adjacent layout; where not so
practicable, the right-af-way and street paving within the acute
angle shall have a.min,imum of 30 feet centerline radius where
such angle is not less than 75 degrees. In the case of streets
intersecting at an angle of less than 50 degrees, then such mini-
mum radius as the planning and public works directors may deter-
mi ne.
fib} offsets. Intersections shall be so designed that no
offset dangerous to the traveling public is created as a result
of staggering of intersections; and in no case shall there be an
offset of less than 1D0 feet.
~5~ Too ra hy. The layout of streets shall give suitable
recognition to surrounding topographical conditions.
~6~ Future Extension of Streets. Where the subdivision or parti-
tion is adjacent to land likely to be divided in the future, streets shall
continue through to the boundary lines of the area under the same ownership
as the subdivision or partition, where the planning or public works director
determines that such continuation is necessary to provide for the orderly
division of such adjacent land, ar the transportation and access needs of
the community.
~7~ Cul-de-Sacs. There shall be no cul-de-sac more than 400
feet long. Each cul-de-sac shall have a circular end with a minimum diameter
of right-of-way width and paving as shown in the table in subsection ~2}.
~8} Street Names. Streets that are in alignment with existing
named streets shall bear the names of such existing streets. Names for
streets that are not in alignment with existing streets are subject to
approval by the planning director and sha11 not unnecessarily duplicate or
resemble the name of any existing or platted street in bane County.
~9~ Grades and Curves. Unless otherwise approved by the planning
and public works directors because topographical conditions will not
reasonably permit, grades shall not exceed six percent on arterials, ten
percent on collector streets, or ~~ percent on all other streets.
Centerline radii on curves shall not be less than I,Z00 feet on arterials,
1,OD0 feet on collector streets, or 35 feet with city-appproved bulb designs
on all other streets.
Grdinance -~5-
/~'/
Section 1z. Sections 9.09D and 9.095 of the Eugene code, 197 are
hereby amended to read and provide:
9.090 variance Provisions.
~1} Relationshi to Other Provisions. When the rovisions in
section 9.090 conflict it p. •
w h or are more stringent than those ~n sections
9.030 or 9,044, section 9.090 provisions apply.
~2} A lication.
~a} Time for Submittin A lication. When submitten a minor
artition or tentative la g
p p n for consideration and approval, a person
may also submit an application fora variance to provisions of sec-
. bons 9,030 to 9,085 of this code. .
. fib} Contents of A lication. Ana licatian with such re --
. ~nformat~on as prescribed by the planning department shall be
submitted by the applicant, together with a fee set by the council.
The application shal l cite the provisions from which the variance
is requested and shall include statements of fact showing that the
variance is warranted based on required approval criteria,
~3} Notice. Within ten days after a complete and accurate
application is submitted and at least ten days before makin a decision the
plannin de artment shall m ' g '
9 p ail notice of the request to the owners and occu-
pants of abutting properties and owners and occupants of properties that
would be abutting the subject area if there were no intervenin streets.
The native shall describe the n g
ature of the variance request,
~ 4} Pl ann i n Director Decision .
. .~a} Unless the applicant agrees to a longer time eriod
within 30 da s of revel t p '
y p of a complete and accurate application,
the planning director shall approve, conditionally approve, or
deny a variance request, with findings and conclusions thereon.
The planning director`s decision shall be based an the followin
criteria: g
~. The provisions}, if strictly applied, would cause
unique and unnecessary hardship to the applicant i n subdi -
viding or partitioning the subject area.
~. When the application i s fora variance from the pro-
visions in section 9.045 to 9,085, unusual topographic condi-
tions or,previous layout of the partition or subdivision or
ne~ghbor~ng area reasonably require the variance, and the
variance will not be substantially injurious to the best use
and value of property in the neighboring area,
3 . When the appl i cati an i s fora variance from pravi -
sions in sections 9,030 to 9.040, the purpose of those pravi-'
suns has been fulfilled without a strict application thereof.
fib} ~f the application requires re--exami nati on of exi sti n
standards or alicies the lanai g
p p ng director may refer the matter
to the planning commission fora decision.
~c} Dn the date it is entered, the panning director shall
mail a copy of the decision to the applicant and parties who have
requested a copy. ~f the planning director denies a variance re~-
quest, the reasons therefor shall be included in the decision.
~5} Effective Date. Unless appealed, a variance decision is
effective on the eleventh day after it is entered.
~6} A eal, .The provisions far appeal of variance decisions
shall be as set forth in section 9,0357} of this code,
Ordinance -~6-
/9/9 ~
9.095 S ecific Variance Provisions - Panhandle Lots. The ur ose of
this sectio ~ ~ •p• p
n ~s to encourage more ~ntens~ve land ut~l~zat~on and
compact growth by permitting a variance to the frontage requirements of this
ordinance for certain large residential lots. Approval of reduced fronta e
on panhandle lots and arcels sha ~ g'
p 11 be subject to the vary once prove s~ ons ~ n
section 9.490 except that approval shall be based on all the following mini
mum criteria rather than those specified in section 9.090.
~a} All rear lots and parcels must be at least 6,DDD square
feet, exclusive of the panhandle;
(b} A11 front lots and parcels must be at least 4,500 s ware
feet' q
~c} Minimum panhandle width shall be as follows, whether or
not the panhandle is used for access:
One rear lot or parcel ~. ... ~5 feet
Two or more rear lots or parcels . 25 feet
_ ~d} Minimum access paving width of the panhandle or abut-
ting driveway used for access shall be as follows:
One rear lot or parcel 12 feet
Two or more rear 1 ots or parcels 20 feet*
~*To preserve existing natural features, paving width may be
reduced to ~7~•1/2 feet, except for the first 25 feet back
from the sidewalk, with the traffic engineer's approval, if
both sides of the driveway are landscaped in accordance with
a landscape plan.}
fie} A maximum of four rear lots or parcels may be assigned
to a single panhandle.
~f} Automobile access from public streets to rear lots or
parcels may be obtained in one of three ways:
~. Via a panhandle driveway,
2. Via an abutting property's driveway,
3. Via an existing alley.
fig} Driveways which may or may not be the panhandles}
and parking areas sha11 be constructed of at least four inch
thick Portland Cement concrete, or 2-I/2 inch compacted asphaltic
concrete mix on six inches of 3/4 minus compacted crushed rock
base, or an approved equal.
~h} Base placement of driveways and parking areas shall be
approved by the city prior to f i nal surfacing.
~i} If an abutting property's access drive is used:
1. An access easement-maintenance agreement is required.
It shall be recorded in the Lane County office of Deeds and
Records, and
2. There shall be adequate room elsewhere on the abut-•
ting property to meet off-street parking requirements for
that property.
~} then the panhandle is used far access and the abutting
property owner requests a visual buffer at the time of land divi-
sion review, that buffer shall consist of the following:
~ . A mi ni mum five foot high si te-obscuri ng fence or
wall, or
2. Landscaping that will be five feet high and 75%
site-obscuring within five years.
~k} If access is provided via an existing unimproved alley
a petition for improvement is required. The alley must be able
to provide automobile access to a public street.
~l} Whether or not the panhandle is used far access, it
Ordinance -17-
i9/9~
shat 1 remain free of structures and be oval 1 abl e for possi bl e
future access to a public street.
~m~ Each rear lot ar parcel shall have four parking spaces
only two may be enclosed with sufficient turn~-around area to
eliminate the necessity fora vehicle to back out onto the street.
The four spaces shall not be located in the panhandle portion of
driveways.
~ n~ The bui 1 di ng official shat 1 not issue a certificate of
occupancy until the project is completed in accordance with appro-
val conditions and the Eugene Code, 1971, It may be issued prior
to completion if sufficient funds to complete the project are
placed in escrow with a bank, savings and loan association, ar
escrow company.
Section 13. Sections 9.150, 9.152, 9.154, 9.156, 9.158, 9.160, 9.162,
9.164, 9.66, 9.168 and 9.170 are hereby added to the Eugene Cade, 1971,
to read and provide:
ANNEXATION PROCEQURES
9.154 Pur ose. It is necessary to ensure that through timely annexations
. there is an adequate supply of developable land provided with muni-
c~pal fac~l~t~es and services. Annexations shall be accomplished in accord-
ance with the following procedures.
9.152 Initiation, An annexation may be initiated as provided in Chapter
199 of Oregon Revised Statutes relating to local government bound-
ary commissions.
9.154 A lication, Fee, and Public Hearin Notice.
~1~ A party desiring to annex property to the city shall submit
an application for annexation and related information in the manner pre-
scribed by the planning department.
~2~ The application shall be accompanied by a fee as set by the
council .
~3~ At least ten days before the hearing, the planning department
shall mail a notice thereof to the applicant, all owners and accupants of
property included in the application, abutting property owners and accupants
and owners and occupants of properties adjacent to abutting properties.
For this notice, properties abutting the area of the annexation proposal in-
clude those separated from it by intervening streets or alleys. At least
ten days prior to the hearing, the planning department shall also post
notices of the hearing in at least three places within 304 feet of the annex-
ation proposal.
9.156 Investi ation and Re ort, The planning department shall investi ate
g
. the facts.bearing.upon an application, prepare a report, and sub-
m~t it to the planning commission for consideration, prior to, or at the
public hearing. A copy of the report shall be mailed or delivered to the
applicant at the time it is delivered to the commission.
ordinance -18-
i9iq~
9.158 Public Hearin
~1} 11n1ess the applicant agrees to a longer. time period, within
45 days of receipt of a complete and accurate annexation application, the
planning commission shall hold a public hearing thereon.
~2} The commission shall review the application and receive perti-
nent evidence and testimony as to why or how the proposed annexation is con-
sistent with the following required criteria:
~a} The property is inside the urban growth boundary and
annexation would be consistent with adopted plans and policies.
fib} Public services and facilities can be provided as pre-
. scribed in the Metropolitan Area General Plan, applicable refine-
ment plans, or applicable special area studies.
~c} Annexation would result in a logical service delivery
boundary.
~d} The property is contiguous with existing city limits
_ unless the provisions of subsection fie} hereof are applicable.
fie} Special criteria for non-contiguous industrial 1 and:
1. The property is inside the urban growth boundary,
designated far ~ndustr~al use, and annexation would be con-
sistent with the Metropolitan Area General Plan and other
applicable city policies.
2. A minimum level of key urban services suitable to
industrial uses can be provided. The financing, timing, and
phasing of those services is consistent with the city`s long-
term phasing plan and priorities.
3. The annexation is voluntary, that is, initiated and
supported by a majority of owners in terms of land area,
number of ownerships, and assessed value.
9.160 Plann~C.ommi,ssio,n De,cis,i,on.
~1} Unless the applicant agrees to a postponement, within ten
days fallowing the public hearing, the planning commission shall deny the
application or recommend approval of the annexation to the council in its
original or modified form. The decision shall be supported by adopted find-
ings and conclusions, and shall be based on the criteria in section 9.155.
~2} The planning department shall mail a copy of the commission's
decision to the applicant and persons who requested notice of the decision
on the day after the decision is rendered.
~ 3} Un 1 ess appealed, the cammi ssi on' s decision i s final on the
eleventh day after it is rendered.
9.12 A eal ~- Council Action on Qenial or Modification.
~1} submittal. Within ten days of the planning commission's deci-
sion to deny or modify 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 an a planning department form, shall be based
on the record, and must state specifically how the planning commission failed
to properly evaluate the proposed annexation or make a decision consistent
with the criteria for approval. The planning department shall provide the
council with the record.
~Z} Hearin Qate 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 30 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.
Grdinance -~19-
/9/9 ~
. ~3~ Council Decision. Unless the applicant and appellant agree
to a longer time period, the council shall make a decision within 15 da s
y
of the hearing. The council may, by resolution, affirm, reverse, or modify
the planning commission's decision. When a decision is reversed or modified,
the council shall make findings 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 Council Action on A roved A lications.
~~} The council shall consider and act on a planning commission
recommendation in favor of annexation within 55 days of the commission's de-
cision, unless the applicant agrees to a longer time period. Unless re-
quested by at least five council members, a public hearing is not required
and shall not be held. xn the event of a hearing, it shall be on the record.
.~2~ At least ten days before the hearing, the planning department
shall mail notice thereof to the applicant and persons who requested notice
of the p1 anni ng cammi ssi on' s decision .
~3~ The council may, by resolution, affirm, reverse, or modify the
commission's decision. When a decision is reversed or modified, the council
shall make findings of fact based on required criteria, as to why the commis-
si on was i n error.
9.166 Boundary Commission Action. The Tannin de artment shall for
p g p ward
to the Lane County Local Government Boundary Commission council
resolutions approving an annexation request, The Boundary Commission has
final authority to effect the annexation under applicable state law.
9.168 S ecial district Withdrawals. When an area being considered for
annexation is within one or mare special service districts, recom-
mendations an withdrawal from those special service districts shall be con-
sidered at the same time as the annexation application is heard, and the
withdrawals therefrom shall be in accordance with applicable state statutes
governing the specific withdrawal.
9.17D Limitations on Renewal or Refilin of A lication. When an appli-
cation has been denied, no new application far the same purpose
shall be filed within one year of the date of the previous denial, unless the
planning commission, fora good cause, grants permission to file a new appli-
cati on .
Section 14. Sections 9.212 and 9,278 of the Eugene Code, 1911, are
hereby amended to read and provide,
9..212 Establishment of Districts. On March 15, 1968 the provisions of
this ordinance shall apply to and govern the use or maintenance or
keeping of any land or other property in the city, exclusive of streets,
alleys, and public lands used or reserved for governmental purposes as pro
vided by law. The city shall be divided by the council into parts, and each
part may be subdivided into units, for the purposes of imposing or estab~
fishing districts and sub-districts an land and property.
Ordinance -2o-
/9i9',~
9.278 Chan es in Boundaries.- Changes in boundaries of districts or sub-
districts shall be made by order amending the zoning map or part
of said map.
Section 15. Section 9.514 of the Eugene Code, 1911 is hereby re Baled
p
and Sections 9.508, 9.549, 9.510, 9.512, 9.516, 9.518, and 9.520 are hereb
y
amended, to read and provide:
Planned Unit Development Regulations
9.508. Pur ose. then applicable, planned unit develo ment re ulatio
p g ns
are intended to:
~a} Encourage comprehensive plannin in areas of sufficient
. g
~s~ze to provide developments at least equal in the quality of
their environment to traditional lot by lot development and that
are reasonably compatible with the surrounding area;
fib} Provide filexibility in architectural design, placement
and clustering of buildings, use of open space and outdoor living
areas, and provision of circulation facilities, parking, storage
and related site and design considerations;
~c} Promote an attractive, safe, efficient, and stable
environment that incorporates a compatible variety and mix of
uses and dwelling types;
~d} Provide for economy of shared services and facilities;
fie} Encourage the construction of a variety of housing
types at price ranges necessary to meet the needs of all income
groups in the city;
~f} Enhance the opportunity to achieve higher densities; and
fig} Preserve natural resource areas.
9.509 A 1 i cabi 1 i ty. P1 armed uni t development provisions shal l onl
y
be used when:
~a} They are required by an adopted refinement plan or
special area study;
fib} The proposed development cannot be accomplished usin
other available zonin o g
g r land division prov~s~ons;
~c} The property is zoned PD subdistrict; or
~d} ~f ter a public hearing, the hearings off i ci al requires
that uses approved prior to March 15, 1968, in accordance with
the Permissive Use Permit procedure then in existence, be
developed under these planned unit development regulations.
9.510 General Provisions.
~1} Ownership., The area included in a proposed p1armed unit de~-
velopment must be in a single ownership or under the development control of
a point application of owners or option holders. Individual portions of a
planned unit deve]opment may be transferred to additional parties after ten-
tative plan approval provided the planning director determines:
~a} Final plan approval based on the approved tentative Ian
p
will not be compromised, and
ordinance ~-21-~
/9'/q
fib} Documents necessary to assure permanent maintenance of
buildings, common use facilites, landscaping, open s ace and
p
outdoor living areas at no expense to the city have been executed
and recorded.
~2} Process,i ng,__steps. Prior to issuance of a building permit,
planned unit development applications must be approved at each of the fallow-
ing two steps:
. ~a} Ste~.one - te,~tatiye p.lans.~ Hearings official consid-
eration of ~1} off-site impacts including reasonable compatibility
with adjacent areas, ~2} site suitability for the proposed develop-
ment, ~3} building height, bulk and location, ~4} solar access,
~5} 'relationship to existing and planned public services, and ~6}
on-site factors including, but not limited to, an attractive, safe,
and convenient environment in terms of buildings, open space, park-
i ng, and circulation . .
fib} Step..,two -final .,,plans. ~ Planning director consideration
of more detailed p~~~~ans to assure substanti a1 conformance with
approved tentative plans and conditions attached. Final plans
need not include the detailed construction drawings that are sub-
sequently required far a building permit.
. ~3} Phasin If approved at the time of tentative plan consider-
ation, final plans may be submitted in phases. If tentative plans encompas-
sing only a port?off of a s~to under single ownership are submitted, they
shall be accompanied by a statement and be sufficiently detailed to rove
that the entire ~ ~ .p
area can b.e deve,loped and used ~n accordance with city stand-
ards, policies, plans, and ordinances,
~4} La se of a roval. If the applicant fails to submit a final
plan application in accordance with the schedule approved at the time of ten-
tative plan consideration, or in the absence of a specified schedule, within
one year of tentative plan approval, that approval expires. If the applicant
fails to obtain a building permit within the time period specified in connec-
tion with the final plan approval, or in the absence of a specified time
period, within three years of tentative plan approval, final plan approval
expires. Prior to expiration of tentative plan approval, the hearings auth-
ority responsible for approval at that step may, if requested, extend the
schedule, provided it is not contrary to the public interest or findings re-
quired in response to approval criteria. Unless the hearings official pro-
vides otherwise, expiration of final plan approval of any phase automatically
voids approval of all phases on which construction has not begun.
~5} Resubmittal followin ex iration. After approval expires, a
new application and fee must be submitted for reconsideration. It is subject
to the same procedures and approval criteria as the original application.
~6} [density. Except as provided in this ordinance relating to
sub-districts, dwel 1 i ng unit densities far residential planned uni t level 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.Z6S
AG One dwelling per ~0 acres
RA 175 density points as calculated below
R-1 1l5 density paints as calculated below
R-2 31o density points as calculated below
Ordinance -2Z-
/9/q~-
R-3 540 density points as calculated below
R-4 x,755 density points as calculated below
RG ~ As per RG District regulations and
required findings
RP As per RG District regulations and
required findings
C-~ As per required findings
C-Z ~ As per required findings
C-3 As per required findings
Density point calculations in the following table are correlated to
dwellings based on the number of bedrooms which, far these purposes,
is defined as an enclosed roam containing the minimum square feet of
floor space required fora bedroom in. Chapter $ 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,
Dwe11 i na~y~e Density Points
Studio and efficiency ~2
Dne bedroom ~4
Two bedroom 21
Three bedroom 2g
Four or more bedrooms 35
fib} Ap~rayed,.Density. The number of dwelling units
allowed shall be determined in connection with tentative plans
and in accordance with the standards set forth in this
ordinance.
~c} Easement Cal cut ati ons. Density calculations may
include areas in easements if the applicant clearly demonstrates
that those areas will benefit residents of the proposed planned
unit development.
~d} Dedications. Density calculations may include areas
dedicated to the public for recreation or open space upon an
aff~rmat~ve finding that the space meets the requirements
elsewhere i n this section pertaining to usable outdoor 1 i vi ng
area.
fie} Cumulative Density. then approved in phases,
cumulative density shall not exceed the overall density per acre
established at the time of tentative plan approval.
~7} Bui ldi„na~,..and Use,,s Pe,rmi tted. Bui 1 di ngs and uses i n
planned unit developments are perm~~tted as follows:
~a} AG, RA, R-1, R-2, R-3, RG and RP 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.
fib} C-1, C-~ and C-3 zones:
Ordinance -Z3-
/9~9' 7
1. When proposed as a combination residentialw~
commercial planned unit development: uses and buildings as
listed in ~a} above and those listed as permitted outright
ar conditionally in the zoning district in which the
development will be located.
2. When proposed as a residential or commercial
planned unit development: uses and buildings as
permitted outright or conditionally in the zoning district
in which the development will be located.
~c} I-I zone: uses and buildings permitted
outright or subject to site review.
~d} I-2 and I~-3 zones: uses and buildings as permitted
outright, conditionally, or with site review in the use
district wherein the development will be located.
~S} Professional coordinator and deli n team, Professional
coordinators and design teams shall comply with the following:
.~ ~a} services. A professional coordinator, licensed in the
state of Dregan to practice architecture, landscape architecture
or engineering, or an American Institute of Certified Planners
member in good standing shall ensure that the required plans are
prepared and executed. The professional coordinator shall also
be the liaison between the applicant and the city.
fib} Address and attendance. Unless waived by the planning
director, the coordinator or his or her professional re resenta-~
P
tine shall maintain a ,Lane County address. The coordinator or at
least one design team member shall attend all public meetings at
which the proposed development is discussed.
~c} Design team_~designation. Except as provided for waivers,
a design team, consisting of an architect, a landscape architect,
and an engineer, or engineer and land surveyor, shall be designated
by the professional coordinator to prepare appropriate plans. Each
team member must be licensed to practice his or her profession in
the State of Oregon.
~d} Desi n team artici anon and waiver. Unless waived by
the planning director upon proof by the coordinator that the scope
of the proposal does not require the services of all members, the
ent7 re des gn team shal 1 participate i n the preparation of tenta-
tive and final plans.
fie} Desii c~n,,,,tea,m change, written notice of any change i n
design team personnel shall be submitted to the planning de artment
p
within five days of the change.
~ f } Plan certification . Certification of the services of the
professionals responsible for particular drawings shall appear on
those drawings. To ensure comprehensive review by the design team
of all plans far compliance with these regulations, the cover sheet
shall contain a statement of review endorsed with the signatures
of all designated members of the design team.
fig} Project certification. When a planned unit development
or any phase thereof is completed, the coordinator shall assure
that each design team member certifies to the city in writing
that the portion of the project in which he or she was involved:
I. Meets the standards of his or her profession,
2, Conforms to approved plans and conditions, and
3. Conforms to other applicable city standards and
regulations,
n of ce in re ulat~
9 Mo~ifi.catio ,,, ,rta,,' ~,,,~,,,_ 'ons. Except as otherwise stated
i n these regul ate ons, fence and ~wal 1 provisions, general provisions ertai ni n
p g
ordinance -~~4-
/9/9'~
to height, yards, area, lot width, frontage, depth and coverage, number of
off-street parking spaces required, and setback regulations specified in this
ordinance may be modified by the hearings official as part of tentative plan
approval provided the proposed development will be in accordance with the pur-
poses of this ordinance and these planned unit development regulations. The
hearings official may also approve variations from parking area design provi~
sons ~f the public works department determines they will not create hazard-
ous conditions for vehicular or pedestrian traffic. The hearings official may
grant variances from provisions of the sign code to the extent and for the
reasons prescribed+for granting variances by the sign code board of appeals
~n Chapter 8 of this code. Nothing contained in this subsection shall be in-
terpreted as providing flexibility or ability to waive regulations other than
those specifically included in the zoning ordinance and sign code.
~ 10} Height. Un 1 ess the hearings of f.i ci al determines that
intrusion 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
i1lustrati~ng the sun exposure plane See Figure 11 and the definition of "Sun
Exposure Plane" in section 9.254}.~ 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 area of spe~
vial height limitations as prescribed in section 9.536 of the Zoning
ordinance.
(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 i n relatively f 1 at areas and on south~-facing slopes
where maximum densities allowed can best be achieved.
~d} Enable the project to satisfy approval criteria.
X11} Public use ,areas, As part of tentative plan approval, the
hearings official may require dedication, improvement, and construction
standards that minimize maintenance of streets, bikeways, and walkways as
necessary for proper development of adjacent properties or as required to make
findings in response to approval criteria.
X12} Under round utilities. Unless waived by the hearings official
or the planning director, the developer shall locate all on~-site utilities
underground in accordance with the policies, practices and rules of the serv-
ing utilities and the Public Utilities Commissioner.
X13} Usable outdoor livin area. All dwelling units shall be served
by outdoor living area as specified in this code, except that in residential
or residential-commercial developments, at least 40 percent of the area shall
be usable as semi-private or private outdoor living space. Unless waived by
the hearings official at the time of tentative plan approval, the private
space must equal at least ten percent of the gross floor area of each unit.
So long as private outdoor living area as specified in this ordinance and
modified herein is available to each dwelling unit, semi-private outdoor liv-
ing space may be offered far dedication to the city, in fee or easement, to
be incorporated in a city approved recreational facility. A portion ar all
of a dedicated area may be included in calculating density if permitted under
these conditions.
X14} Plannin commission and council initiation of PD Sub-districts.
The planning commission or council may initiate a rezoning application
requesting a particular area be made subject to these regulations through
adoption of a PD subdistrict, Procedures shall be as provided i n thi s
ordinance for changes in zoning district boundaries.
Ordinance -~25-~
/q/9
~~5} Site modification. Unless otherwise provided in tentative
plan approval, vegetation, topography, and other natural features of areas
proposed for planned unit development shall remain substantially unaltered
pending final plan approval,
~~6} Com letion of re uired landsca in ~f required landscaping
cannot.be completed prior to occupancy, or as otherwise required as a condi-
tion of approval, the planning director may require the applicant to post a
performance bond of a sufficient amount and time to assure timely completion.
9.5~~ Tentative Plan Consideration.
~~} Pre-a licatian conference. Prior to filing an application for
tentative plan consideration, the applicant or coordinator may request a pre-
appl~cat~on conference to discuss the feasibility of the proposed planned
unit development and determine the processing requirements.
~2} Ap.pll,catio~. A tentative plan application and related infor-
mation as prescribed by the planning department shall be submitted by the
owner of the affected property, together with a fee set by the council.
~3} Pre-hearin conference with the rofessional coordinator.
Prior to preparation of staff notes, the planning department or coordinator
may request a meeting with interested agencies and departments to discuss
the proposal and, if possible, reach agreement and resolve concerns.
~4} Public hearing. Prior to approval, conditional approval, ar
denial of a tentative plan, the hearings official shall conduct a public
hearing an the application. Unless the applicant agrees to a longer period,
the hearing shall be held na later than 45 days after receipt of a com-
plete and accurate application.
~5} Notice of hearing. At least ten days before a tentative plan
public hearing, the planning department shall give notice of the pro oral and
p
the time, date, and place of the hearing by:
~a} Mailing written notice to owners and occupants of abutting
properties and properties adjacent to abutting properties.
Properties abutting the area of the application include those
separated from it by intervening streets or alleys; and
fib} Posting notice of the hearing in at least three locations
within 30D feet of the subject property.
~6} Decision. Unless the applicant agrees to a longer time period,
the hearings official shall approve, conditionally approve, ar deny a tenta-
t~ve plan appl~cat~on with findings and conclusions thereon, within ten days
of the public hearing. On the day the decision is rendered, the hearings
official shall mail a copy thereof to the applicant, coordinator, and parties
who have requested a copy. Decisions pertaining to a particular phase shall
include review and recognition of the entire development. Decisions in all
phases shall be based on the following criteria:
~a} The proposed development is consistent with related
policies and development standards in applicable, adapted neigh-
borhood refinement plans and special area studies.
fib} The proposed development is consistent with the Metro-
politan Area General Plan ~~} applicable land use references,
. ~~} text related to the development, and ~3} specific elements
related to the development.
. ~c} The proposed development's general design and character,
~nclud~ng but not limited to anticipated building locations, bulk
and height, location and distribution of recreation space, park-
ing, roads, access and other uses, will:
1. Be set back or screened as necessary to ensure pri-~
Ordinance ..~C-
~9/q~
vary to adjoining properties, and
~. Avoid unnecessary disruption or removal of attractive
natural features and vegetation, and
3. When feasible, disperse motor traffic from planned
unit developments of ~Q or more dwellings onto mare than one
local street, and
4. Avoid conversion of natural resource areas designated
in the Metropolitan Area General Plan to urban uses when al-
ternative locations on the property are suitable for develop-
ment as otherwise permitted.
~d} Public services and facilities are available to the site.
Tf the public services and facilities are not presently available,
an affirmative finding may be made if evidence indicates that they
. will be available prior to need by reason of:
T. Prior commitment of public funds or planning by the
. appropriate public agencies, or
2. A commitment by the applicant to provide private
services and facilities acceptable to the appropriate public
agencies, or
3. Commitment by the applicant to provide for off-
setting all added public costs or early commitment of public
funds made necessary by the development.
fie} Unless not feasible because of size, configuration, or
orientation of property, the nature of the surrounding area, cir-
culation patterns, physical features of the site such as vegetation
or topography, or unless an attractive, safe and efficient environ-
ment might otherwise be jeopardized, the proposed development's
physical arrangement of buildings, roads, parking areas, open
spaces, and landscape areas shall allow maximum solar access to
south-facing building walls on aecember ~1 of any year between TO
a.m. and 3 p.m. standard time,
~f} Proposed buildings, road, and other uses are designed
and sited to assure preservation of significant on-site vegetation,
topographic features, and other unique and worthwhile natural fea-
tures, and to prevent soil erosion yr flood hazard.
tg} There wi l 1 be adequate on-si to provision for uti 1 i ty ser-
vices, emergency vehicular access, and, where appropriate, public
transportation facilities.
~h} Sufficient usuable recreation facilities, outdoor liv-
ing area, open space, and parking areas will be conveniently and
safely accessible for use by residents of the proposed develop
ment.
~i} A subdistrict designation, a refinement plan, or special
area study requires planned unit development approval, or the pro-
posed development cannot be constructed using conventional stand-
ards or other provisions of the zoning ordinance.
. ~?} Referral. Tf a tentative plan request requires re-examination
of existing standards or policies, the hearings official may refer the matter
to the planning commission fora decision.
(8} Effective date. finless appealed, the hearings official's
decision is effective on the eleventh day after it is rendered, The hearings
official shall mail a copy of the decision to the applicant, coordinator,
and parties who have requested a copy,
~9} A eats. Within ten days of the hearings official's decision,
it may be appealed to the planning commission by the applicant, an adversely
affected person, or a party entitled to notice. The appeal shall be on a
planning department farm, shall be on the record, and must state specifi-
ordinance -~Z7-
i9iQ
tally how the hearings official failed to properly evaluate the proposed
tentative plan or make a decision consistent with approval criteria.
~ 14} A eal Hearin .
. ~a} Unless the applicant and appellant agree to a longer time
period, the planning commission shall hold a hearing for oral argu-
. ment on an appeal within 3a days of its submittal. At least ten
days prior to the hearing the planning department shall mail notice
thereof to the applicant, appellant, and parties who requested no-
t~ ce of the hears ngs official ` s decision . The hearings official
shall be present at the hearing.
fib} The planning commmi ssi on shal 1 ruder i is decision wi th-
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
ar before changing any of the conditions the hearings official im-
.eased, 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.
~c} The planning department shall mail a copy of the decision
to the applicant, appellant, and parties who have requested a copy.
X11} Resubmittal followin denial. After denial of a tentative
plan application, a new application and fee for the same area, ar any portion
thereof, may not be submitted fo,r one year from the date of denial unless
the applicant first submits a written statement to the planning department
showing how the proposal has been sufficiently modified to overcome the rea-
sons for denial, or that conditions have changed sufficiently to justify
reconsideration of the original or a similar proposal. After considering
the statement, the planning director may waive the one year waiting period.
9.516 Final P1 an
consideration .
~1} A lication. A final and separate plan application and re-
lated information shall be submitted by the owner of the affected property
in the manner prescribed by the planning department, together with the fee
set by the council.
~2} Notice. ~i thi n ten days of receipt of a complete and
accurate application, and at least ten days before the planning director
makes a decision, the planning department shall mail a notice of the
request to parties who have requested a copy..
~3} Plannin Director Decision. Unless the applicant agrees
to a longer time period, the planning director shall approve, condition-
ally approve, or deny a final plan application, with findings and conclu-
sions thereon, within 3~ days of receipt of a complete and accurate appli-
cation. The planning director shall mail a copy of the decision tv the
applicant, coordinator, and parties who have requested a copy, on the date
the decision is rendered. Approval shall include a finding that final
plans conform with approved tentative plans, conditions attached thereto,
and applicable city standards. -
~4} Referral. If a final plan request requires re-examination
of existing standards or policies, the planning director may refer the
matter to the planning commission for a decision.
~5} Effective date. Unless appeal ed, a decision becomes effec-
tive an the eleventh day after it is rendered.
~6} A eal s. within ten days of a planning director`s decision,
it may be appealed to the hearings official by the applicant, an adversely
Ordinance -28-
i9~9~
affected person, ar a party entitled to notice. The appeal shall be an a
planning department form, shall be on the record, and must state specifi-
cally how the planning director failed to properly evaluate the proposed
final plan ar make a decision consistent with approval criteria.
~l} A eal Hearin .
~a} Unless the applicant and appellant agree to a longer time
period, the hearings official shall hold a public hearing to allow
anal argument on the appeal within 15 days of 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 native of the tentative ar final plan decision.
fib} Unless the applicant and appellant agree to a longer time
period, the hearings official shall render a decision within ten
days of the hearing and mail a copy thereof to the applicant,
appellant, and parties, who have requested a copy. The hearings
official may affirm, reverse, ar modify the planning director's
.decision with supporting findings and conclusions. Before grant-
ing an appeal, or before changing any of the conditions the plan-
ning director imposed, the hearings official shall make findings
of fact as to why the planning director's findings were in error.
The decision of the hearings official is final.
~8} Resubmittal followin denial. Upon denial of a final plan,
a new application and fee accompanied by a written statement explaining how
the plan has been modified to overcame the reasons for denial may be filed.
~9} Performance a ree,ment.
~a} Pre oration and si natures. A duly notarized perform-
ance agreement binding the applicant, and the applicant`s succes-
sors in interest, assuring construction and performance in accard-
ance with the approved final plans shall be prepared by the city
and executed by the applicant and city prior to issuance of a
building permit.
fib} Return. Unless an executed copy of the agreeement is
returned to the planning department within 60 days of its delivery
to the applicant, final plan approval shall expire, necessitating
re-application for final plan re-approval.
~c} F~li~cn The planning department shall file a memorandum
of the performance agreement in the office of the Lane County
Recorder.
~d} Tm rovement etitions and dedications. Improvement
petitions and all documents reguired with respect to dedications
and easements shall be submitted prior to execution of the
agreement.
. fie} Project chap es. The planning director may permit
pra~ect changes subsequent to execution of the agreement upon
finding the changes substantially conform to final approved
plans and comply with city standards, plans, policies and
ordinances. Dther modifications are subject to reapplication
at the appropriate step.
9.58 Enforcement. Tf an applicant or an applicant`s successors in
interest violate or fail to comply with any of the provisions of
the performance contract or final approved plan, the city may invoke the en-
forcement procedures provided in the agreement, or under applicable law,
or both.
ordinance ~-29-
/9/9~-
9.524 A lications in Process. Sections 9.5D8 to 9.524 as effective on
January 1, 1984 are applicable to all planned unit development
applications submitted after that date. Applications or phases thereof, in
process prior to that date are subject to the regulations and procedures re-
quired by sections 9.5x8 to 9.52Q as those sections were constituted prior
to January 1, 1984, provided:
~a~ Preliminary plan approval has been granted; and
~b~ Final approval is granted within one year of
January 1, 1984; and
(c~ Construction is commenced within one year from final
. plan approval or in accordance with an approved construction
schedule.
Applications in process that do not meet the criteria of ~a~, ~b~, and ~c}
above, shall be processed in the same manner as. an application submitted
after .January 1, 19$4.
Section 16. Section 9.588 of the Eugene Code, 1971, is hereby amended
to read and provide:
9.588 Parkin Re uirements for Uses not S ecified. The parking space
requirements for buildings and uses not set forth herein sha11 be
determined by the designated city official, and such determination shall be
based upon the requirements for the most comparable building yr use speci-
fied herein. The decision of the designated city official may be appealed
to the hearings official in the manner provided for appeals set forth in
sections 9.732 to 9.746.
Section 17. Sections 9.668, 9.67x, 9.672, 9.674, 9,676, 9.678, 9.680,
9.682, and 9.684 of the Eugene Code, 1971, are hereby amended, and new
Sections 9.681 and 9.683 are added thereto, to read and provide:
Procedures far Chan es in District Boundaries
9.668 Pur ose. As the Metropolitian Area General Plan is implemented
over the years, there will be a need far changes in zoning district
boundaries, As that plan is reviewed and periodically revised, other district
boundary changes may be warranted, These boundary changes shall be made in
accordance with the following procedures. If the zone change is to be con-
sidered in conjunction with an annexation, the annexation procedures set
forth in this code shall also apply.
9.67D Initiation. A change in the boundaries of a zoning district may
be initiated by the planning commission, city council, or a mini-
mum of 75 percent of the owners of property within the area for which the
change of district i s proposed.
9.672 ~~1 i cati on, Fee, and Publ i c Heari nQ Notice.
~1~ A property owner proposing a change in zoning district boun-
daries shall submit an application and related information with the planning
department fora change in zoning district boundaries in the manner prescrib-
ed by the planning department,
Ordinance ~-3D-
/9i9~
~2} The application shall be accompanied by a fee set by the
council.
. ~3} At.ieast ten days before the hearing, the planning department
shat] mail a nat~ce thereof and information an the nature of the request to
the applicant, owners and occupants of the subject property, abutting pro -
p
erty owners and occupants, and to owners and occupants of properties adja-
cent to abutting properties. For this notice, properties abutting the area
of the zone change proposal include those separated from it by intervenin
g
streets or alleys. At least ten days prior to the hearing, the planning de-
partment shall also post notices of the nature of the request and the hear-
ing in at least three places within 344 feet of the subject property,
~4} Notice of a proposed change in a zoning district shall be
sufficient public notice of change to SR site review} subdistrict of the
proposed new district.
9.674 Decision and A eal Authority, 1f a zone change is for property
proposed for annexation to the city, it shall be approved, modi-
f~ed and approved, ar denied by the planning commission. The city council
shall act on appeals from planning commission decisions on zone changes in
can~unct~on with annexations. If a zone change only includes property al-
ready in the city, it shall be approved, modified and approved, or denied by
the hearings official, The planning commission shall act an 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 section 9.74 of the
Eugene Code, 1971 be amended to reflect the allowed change of zoning dis-
trict.
9.676 Investi anon and Re art, The planning department shall investi-
gate the facts bearing upon an application, prepare a report, and
submit it to the commission or hearings official for consideration, prior to,
or at the pub1~c hearing. A copy of the report shall be mailed or delivered
to the applicant at the time it is delivered to the commission or hearings
official.
9.678 Public Hearin
~1} Unless the applicant agrees to a longer time period, within
45 days of receipt of a complete and accurate application, the commission ar
hearings official shall hold a public hearing to consider the proposed
change in zoning district boundaries.
~Z}. The commission or hearings official shall review the applica-
t~on and receive pertinent evidence and testimony as to why or how the pro-
posed change is consistent with the following criteria required far approval:
~a} The uses and density that will be allowed in the loca-
tion of the proposed change ~1} can be served through the orderly
and efficient extension of key urban facilities and services pre-
scribed in the Metropolitan Area General Plan, and ~~} are con-
sistent with the principles of compact and sequential growth,
fib} The proposed change is consistent with the Metropolitan
Area General Plan ~1} applicable text, ~2} specific elements re-
lated to the uses listed in the proposed zoning districts, and
~3} applicable land use designations. The written text of the Plan
takes precedence over the Plan diagram where apparent conflicts or
Qrdinance -31-
19i9~-
inconsistencies exist.
~c} The proposed zone change is consistent with a licable
ado ted pp
p neighborhood refinement plans, special area studies, and
functional plans. ~n the event of inconsistencies between these
plans or studies and the Metropolitan Area General Plan, the
latter is the prevailing document.
9.680 Qeci si on .
~~} within ten days following the public hearing, unless a post-
ponement is agreed to by the applicant, the commission or hearings official
shall approve,~modify and approve, or deny the application by order, with
written findings and conclusions therein, based on required approval criteria.
The commission or hearings official may review proposals far the use of the
property for which a change in the district boundaries is proposed. The
commission or hearings official may also require site review approval by the
city ~n accordance with the site review procedures in this ordinance, prior
to the applicant receiving a building permit or certificate of occupancy.
~~} On the day after the commission or hearings official renders
a decision, the planning department shall mail a copy of the decision to the
applicant and parties who have requested a copy.
~3} Unless appealed, the decision is final on the eleventh day
after it is rendered.
~4} ~f the zone change includes a subdistrict, the city shall re-
cord that fact i n the office . of ,the Lane County Recorder.
9.681 A eals. Within ten days of a decision, it may be appealed 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
on the record, and must state specifically how the commission or hearings
,~
official failed to properly evaluate the proposed zoning district boundary
change or make a decision cansi stent with required criteria. The planning
department shall provide the commission or council with the record.
9.682 Appeal Notice and Action.
. ~1} Unless the applicant and appellant agree to a longer time
period, the comm~ss~on or city council shall hold a hearing to allow oral
argument on the appeal within 30 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-
t od, the comma ss~ on or counci 1 shat 1 make a decision within l5 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. when 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.
~3} The planning department shall mail a copy of the appeal
decision to the applicant, appellant, and parties who have requested it.
Ordinance -32-
/9/9r~
9.683 Limitations on Renewal or Refilin of A lication. When an
applicatian has been denied, no new application for the same
purpose shall be filed within one year of the date of the previous denial,
unless the hearings official or planning commission, for a goad cause,
grants permission to file a new applicatian.
Section 18. Section 9.69 of the Eugene Cade, I9lI, is hereby repealed,
and Sections 9.686, 9.688, 9.690, and 9.694 are amended, to read and provide:
Site Review Procedures
9.686. Site Review - Pur ose and Authority. A site review subdistrict
may be created or site plan approval required as provided else-
where in this ordinance in order to maintain or improve the character, integ-
rity, and harmonious development of an area or provide a safe, stable, effi-
cient, and attractive on~-site environment according to applicable plans,
policies, goals, and ordinances adapted by the council with due regard to
the public and private interests involved. Site review subdistricts are
governed by the regulations of the parent use district within which they are
located. Building permits shall only be issued for developments in a site
review subdistrict if they are first approved according to the site review
procedures specified in this code.
9.688 Site Review Subdistrict Initiation. Where necessary to accomplish
the purpose for site review as stated in section 9.686, a site re-
vi ew subdistrict may be initiated i n either of the following ways:
~a} Incidental to an applicatian fora change in zoning
district or subdistrict, an applicant may request that a site
review subdistrict be considered; or
fib} On its own initiation, the commission, council, or hear-
i ngs official may consider imposition of a site review subdistrict.
The commission, council, or hearings official shall include a
statement explaining why the site review subdistrict may be neces~
nary based on one ar more of the following criteria:
l.. Compatibility with the surroundings, particularly
when residential i n character. This factor shal 1 not take
precedence over the need to provide housing for all income
groups in the city.
2. Efficient, workable, and safe interrelationships
among building, parking, circulation, open space, and land-
scaped areas, as well as related activities and uses.
3. Que consideration to the preservation of attractive
and distinctive historical and natural features.
4. Signs and illumination in scale and harmony with the
site and area.
5. Adequate provision for flood control and storm drain
age.
6. Safe and efficient ingress and egress.
1. Additional specific factors as necessary to fulfill
concerns raised at the time of rezoning.
9.694 Site Plan Review Procedure.
~~} Pre-a lication conference. Prior to submission of a request
for planning director site plan approval, the applicant shall confer with
the planning department to ascertain application requirements.
ordinance -33-
/9/9 ~
~ 2} Ap~l.i cati on,,,,, submi t,tal . An application and rel ated information
shal 1 be submitted by the appl~~~~~cant, ~i n the manner prescribed by the 1 anni n
p g
departments together with a fee set by the council,
. ~3} Professional services. Prior to making a decision, the plan-
n~ng director may require an applicant to employ a licensed architect, land-
scape architect, engineer or other specialist if one or mare of those profes-
sional services is required for compliance with section 9.688 criteria.
~4} Planni n director decision.
~a} Unless the applicant agrees to a longer time period, the
planning director shall approve, conditionally approve, or deny
the site plan within 30 days of receipt of a complete and accurate
appli~cat~on. Approval shall be based on section 9.688 criteria,
and particularly when applicable, those criteria addressed at the
time of site review subdistrict rezoning. The planning director
shall mail a~copy of the decision to the applicant and parties who
have requested a copy on the date ~it is entered.
fib} 1f the request requires re-examination of existing stand-
ards or policies, the planning director may refer the matter to
the planning commission fora deci si an .
tc} Unless appealed, a planning director's decision is
effective on the eleventh day after it is rendered.
~5} Front yard, fence and wall waivers. When approving a site
plan, the planning director may permit waivers to the front yard require-
ments and the wall and fence provisions of this ordinance, provided:
~a} The waivers will not be materially injurious to properties
or improvements i n the vicinity;
fib} The development will be at least as attractive as could
be expected from standard requirements;
~c} There will be adequate vision clearance for traffic
passing on the street and leaving the development site;
(d} There will be adequate landscaping to make up for
screening or setbacks as would otherwise be necessary to com 1
pY
with section 9.68$ criteria; and
fie} There will be adequate provision for protection of
the public's health and safety at least equal to what a standard
front yard and fence or wall would provide.
~6} Documentation of a raved laps. After site plan approval,
the applicant shall provide the planning department with three copies of
the approved plans. The planning department shall mark them "Approved"
with the date of the action. The planning department shall also attach the
conditions of approval to the plans.
~ 7} A~_proy,a,l Expiration . I f a building permit for a level opment
for which site plan and appli~cati~on approval has been granted is not obtain-
ed within ~8 months of the approval, unless an extension has been requested
and granted by the planning director within that time period, the approval
is automatically revoked and a new site plan and application must be sub-
mitted and approved prior to issuance of a building permit.
~8} ApLal,
~ 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.
fib} An appeal shall be on a planning department form, shall
be based on the record, and shall state specifically haw the plan-
ning director failed to properly evaluate the proposed site plan
or. make a decision cansi stent with applicable criteria.
~c} Unless the applicant and appellant agree to a longer
ordinance -34-
/9/9~
time period, the hearings official shall hold a hearing to allow
oral argument an an appeal within 15 days of its receipt. The
hearings official, in his or her discretion may allow the intro-
duction of additional evidence at that hearing. At least ten days
prior to the hearing, the planning department shall mail notice
thereof to the applicant, appellant, and parties wha requested
notice of the planning director's decision.
~d~ I~ithin ten days of the hearing, unless the applicant
and appellant agree to a longer time period, the hearings offi-
cial shall make a decision and mail a copy thereof to the appli-
. cant, appellant, and parties wha have requested a copy. The hear-
ings official's decision is final.
.~9~ Modification. Except for interior structural modifications,
changes ~n use that. are in character with those. associated with original
approval, and changes deemed minor by the planning department, all modifi-
cations subsequent to,site plan approval shall be reviewed and approved
according to the requirements for original submittals.
9.694 Performance Contract.
(1~ Nr~or to issuance of any permits, compliance with approval
conditions and adherence to approved site plans shall be guaranteed by a
performance contract binding upon the applicant and the applicant's succes-
sors in interest. The performance contract shall be prepared by the city
and executed by the applicant and the city, and a memorandum thereof filed
by the city in the office of the Lane County Recorder.
~2} 1f the applicant violates or fails to comply with any of the
provisions of the performance contract or approved plan, the city may invoke
the enforcement procedures provided in the contract or under applicable law,
or bath.
Section 19. Sections 9.104 and 9.712 of the Eugene Code, 1971 are
hereby repealed, and Sections 9.696, 9.698, 9.700, 9.742, 9,106, 9.708,
9,710, 9.714, 9.716, 9.718, 9.724, 9.721, and 9.722 are hereby amended
to read anal provide:
Conditional Use Permit Procedures
9.696 Qescri tion and Pur ose. Certain types of uses require special
consideration before being permitted in particular districts. The
reasons for requiring special consideration include, for example, the size
of the area required for the full development of Chase uses, the nature of
the traffic problems incidental to operation of those uses, the effect those
uses might have on adjoining land uses, and their effect on the growth and
development of the community as a whole. Uses permitted conditionally may
also possess unique ar special characteristics that make it unacceptable to
permit them without conditions in particular zoning districts. In districts
where uses are conditionally permitted, their location and operation are
subject to conditional use permit review and approval. Qne purpose for this
review is to determine if the characteristics of those uses can be made rea-
sonably compatible with the type of uses permitted outright in surrounding
areas. Another purpose is to provide reasonable and necessary conditions
so the basic purposes of this ordinance are served. Nothing herein requires
Qrdinance -35-
/9i9~
the hearings official or commission to grant a conditional use permit that
would be contrary to this ordinance.
9 . C98 Candi ti anal Use Permit Prere ui si to to Bui 1 di n No bui 1 di ng
permit shall be issued when a conditional use permit is required
until the hearings official or commission approves a permit, and then only
in accordance with the terms and conditions of that permit. Conditional
use permits may be temporary ar permanent.
9.7oo Ap~i;cation. A conditional use permit application and related
information shall be submitted by the applicant, as prescribed by
the planning department, together with the fee set by the council.
9.702 .General Conditional Use Permit Criteria. A conditional use permit
may be granted only if the proposal conforms to all the following
criteria. Additional criteria may also be required depending on the appl i -
cability of other sections of this code,
~a} The location, size, design, and operating characteris-
tics of the proposed development will be made reasonably compati-
ble with and have minimal impact an the livability or appropriate
development of abutting properties and the surrounding neighbo r-
hood, with cansiderati,on given to harmony, scale, bulk, coverage,
and density; to oval 1 obi 1 i ty of publ i c foci 1 i ti es and utilities;
to traffic generation and the capacity of surrounding streets and
alleys; and to other relative impacts of the development.
fib} The location, design, and related features of the pro-
posed development will provide a convenient and functional living,
working, shopping or civic environment, and will be as attractive
as the nature of the use and its location and setting warrant.
~c} The proposed development will be consistent with appli-
cable adopted neighborhood refinement plans, special area studies,
and functional plans.
~d} The proposed development will be consistent with the
Metropolitan Area General Plan ~1} applicable land use references,
~2} text related to the development, and ~3} specific elements
related to the development.
fie} In the I-1, I-2, or I-3 districts, proposed commercial
uses will be dependent on yr at least provide a direct service to
people engaged in industrial uses.
9, lab Nvti ce_, Public Hearing, and Qeci si an
~~1} Un~l~ess the app~~i cant agrees to a i anger time peri od, a publ i c
hearing shall be scheduled on each application no later than 45 days after
receipt of a complete and accurate application. At least ten days prior to
the hearing, the planning department shall post a written notice of the hear-
ing and the nature of the request in at least three places within Soo feet
of the affected property and mail a written notice of the hearing and the
nature of the request to the applicant, owners and occupants of abutting
properties, and owners and occupants of properties adjacent to abutting prop-
erties. Properties abutting the area of an application include those separ-
ated from it by intervening streets or alleys.
~2} The hearings official may prescribe rules and regulations
for the conduct of the hearing, Unless the applicant agrees to a longer
Qrdinance -3~-
/91 q,~
__ _ _., by Planning Commission.
. ~ Action _o n~A p e a.~.,--- _~,~_,,,..,...~ ._.
~1~ Unless the applicant and appe~l~lant agree to a longer time
period, the planning commission shall hold a hearing to allow oral argument
on an appeal within 34 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 hearings official's deci-
si on .
. ~2} Unless the applicant and appellant agree to a longer time
period, the commission steal 1 make a decision wi thi n 15 days of the hearing.
The commission may, by order with findings and conclusions therein, affirm,
reverse yr modify in whole or in part, any decision, determination or
requirement of the hearings official . Before granting an appeal , or before
changing any o~f the conditions the hearings official impaled, 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. The planning department
shall mail a copy of the decision to the applicant, appellant, and persons
who have requested a copy,
9.~1$ Adherence to A roved Plans and A roval Ex iration. A condi-
tional use permit is subject to the plans and conditions upon the
basis of which it was approved. Unless the hearings official designates
othe~^wise, the permit shall terminate one year after the effective date of
approval unless actual construction or alteration, or actual commencement of
the authorised activities in the case of a permit Hat involving construction
or alteration, has begun under required permits within the year. However,
the hearings official may extend the approval period upon application filed
at any time before the year has expired.
9.720 Revocation. After notice and hearing, the hearings official may
revoke a condi ti oval use permit for vi o1 ati on of this ardi Hance
or failure to comply with a condition of approval. The hearings official's
determination shall be final on the eleventh day after it is rendered,
unless appealed to the commission i n accordance with the provisions far
appeal of original conditional use permit decisions.
9.721 Refilin of Conditional Use Permit A lications. When an
application for a conditional use permit has been denied, no
application for the same or substantially similar use on the same property
or portion thereof shall be filed within one year after denial.
9.722 Performance Contract.
~1~ Prior to issuance of any permits, compliance with approval
conditions and adherence to the approved plans shall be guaranteed by a
performance contract binding the applicant and the applicant's successors
in interest. The performance contract shall be prepared by the city and
executed by the applicant and city, and a memorandum thereof filed by the
city i n the office of the Lane County Retarder.
~2} After execution of the performance contract, the planning
director may permit changes to the approved. final plans if those changes
substantially conform to the approved plans and conditions, other modifi-
cati on s are subject to review by the hearings official .
~3} If an applicant violates or fails to comply with any of
the provisions of the performance contract or approved plan, the city may
invoke the enforcement procedures provided for in the contract or under
applicable law, or both.
Ordinance -3$-
/9/9}
time period, the hearings official shall approve, conditionally approve, or
deny the application within ten days of the public hearing. The hearings
official's decision shall be based on findings and conclusions in response
to the criteria in section 9.10 and other applicable use permit criteria.
The hearings official shall mail a copy of the decision to the applicant
and parties who have requested a copy on the day it is rendered,
~3} If an application requires re-examination of existing stand-
ards or policies, the hearings official may refer the matter to the planning
commission far a decision .
~4} Unless appealed, the hearings official's decision is effec-
tive on the eleventh day after it is rendered.
9.108 Hearin s Official Authorized to Grant. variances in Conjunction
with a Conditional Use Permit. The hearings official may, in
connection with a conditional use permit application, grant variances to
the provisions of this ordinance with respect to fences and wal 1 s, site
area, width, frontage, depth, coverage, outdoor living area, front yard,
~nter~ar yards, height of structures, distance between structures, and off-
street parking facilities. The hearings official may grant a variance, if
on the basis of the application, investigation, and evidence submitted, the
hearings official makes findings as required fora variance from provisions
of this ordinance.
9.71o Conditions. The hearings official shall designate conditions
deemed. necessary and consistent with criteria for approval. The
hearings official may also require guarantees and evidence that the condi-
tions wi]1 be fulfilled. Conditions may include;
~a} Regulation of uses.
fib} Special yards, spaces.
~c} Fences and walls.
~d} Surfacing of parking areas to city specifications.
(e} Street dedications and improvements for bonds}.
~f} Regulation of points of vehicular ingress and egress.
fig} Regulation of signs.
~h} Landscaping and maintenance thereof.
~i} Maintenance of the grounds.
~j} Regulation of noise, vibration, offensive odors,
hazardous biological materials, and other nuisances to a greater
extent than set forth in sections 9.636 to 9.66 if necessary to
conform to the general conditional use permit approval criteria.
~ k} Regu1 ati on of time for certain activities.
~l} Time period within which the proposed use must be
developed,
gym} duration of use.
fin} Other conditions that will help the city to develop
and change in an orderly and efficient manner.
9.114 A eats. within ten days of the hearings official's decision,
it may be appealed to the planning commission 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 on the record, and
shall state specifically how the hearings official failed to properly evalu-
ate the proposed conditional use permit application or make a decision con-
sistent with applicable criteria.
Ordinance -37-
~Q1~
Section 24. The first paragraph of subsection ~3} of Section 9.724
of the Eugene Code, X971, is hereby amended to read and provide:
9.724 Conditional Use Permits for Controlled Income and Rent Housin ,
~3} Criteria far hearin s official a raval. Applications for
conditional use permits for controlled income and rent housing shall be
processed and scheduled for public hearings in the same manner as other
conditional use permit applications, except the following shall substitute
for the required criteria listed in section 9.7D2:
Section 21; Sections 9.748, 9.75D, 9.752, 9.154, 9.756, and 9.758 of
of the Eugene Cade, 1971, are hereby repealed, and Sections 9,732, 9.734,
9.736, 9.74Q, 9.742, 9.744, and 9.746 are hereby amended, to read and pro-
vide:
variance Procedures
9.732 Pur ose. ifariance prvvisians are intended to provide relief ar at
least to lessen practical difficulties and unnecessary physical
hardships when consistent with the objectives of this ordinance and as would
otherwise result from its strict or literal interpretation and enforcement.
9.734 Buildin official Authority. The building official may grant
variances to the regulations prescribed by this ordinance with
respect to fences and walls, site area, width, frontage, depth, coverage,
outdoor living area, front yards, interior yards, height of structures,
distance between structures, and off-street parking facilities in accordance
with the procedures prescribed in sections 9.732 to 9.746.
9.736 sari anc__ e Application . An application and ref ated i nfarmati on
shall be submitted by the applicant in the manner prescribed by
the building division of the public works department, together with the
fee set by the council.
9,738 Notice, Within ten days of receipt of a complete and accurate
application, and at least ten days before the building official
makes a decision, the building division shall mail notice of the request to
abutting property owners and occupants, including properties that would be
abutting were it not for intervening streets or alleys.
9.744 Building official Qecision.
~1~ Unless the applicant agrees to a longer time period, the
building official shall approve, conditionally approve, or deny a variance,
with findings and conclusions thereon, within 30 days of receipt of a com-
p1 ete and accurate application . The bui 1 di ng~ official ` s decision shat 1 be
based on the fol 1 owl ng criteria:
~a~ 5trict or literal interpretation and enforcement of the
ordinance -39-
~9~g~
. specified regulation would result .in practical difficulty ar un-
necessary physical hardship inconsistent with the objectives of
the zoning ordinance. A practical difficulty or unnecessary phy-
si cal hardship may result from the size, shape, or dimensions of a
site, from geographic, topographic, or other physical conditions
on the site or in the immediate vicinity, or from street locations
or traffic conditions in the immediate vicinity.
fib} There are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended
use of the property which do not apply generally to other prop-
. erties classified in the same zoning district.
~c} The granting of the variance will not be detrimental to
the public health, safety or welfare, or materially injurious to
properties or~improvements in the vicinity.
In addition to the above criteria, the following three criteria apply to
variances from off-street parking and loading requirements:
~d} Neither present nor anticipated future traffic volumes
,generated by the use of the site or uses of the sites i n the
vicinity reasonably require strict or literal interpretation and
enforcement of the specified regulation,
fie} The granting of the variance will not result in the
parking or loading of vehicles on public streets in such a manner
as to interfere with the free flaw of traffic on the streets.
~f} The granting of the variance will not create a safety
hazard ar any other condition inconsistent with the objectives
of the zoning ordinance.
~2} Tf a variance request requires re-examination of standards or
policies, the building official can refer the matter to the planning commis-
si on fora decision.
~3} The building official shall mail a copy of the decision to
the applicant and persons who have requested a copy on the date it is
rendered,
~4} Unless appealed, a decision is effective on the eleventh day
after it is rendered.
9.742 A eat , .
~1} Building official variance decisions and other building offi-
cial decisions relating to his or her interpretation of this ordinance may
be appealed to the hearings official within ten days of the decision or in-
terpretation, on a building division form. An appeal may be taken by the
applicant, a person adversely affected by the decision, or a party entitled
to notice. Variance appeals shall be based on the record and shall state
haw the building official failed to properly evaluate the proposed variance
or make a decision consistent with applicable criteria.
~2} Unless the applicant and appellant agree to a longer period,
an appeal shall be considered at a hearing at which an opportunity is given
for oral arguments on the .appeal within 15 days of its receipt. At least ten
days prior to the hearing, the building official shall mail notice thereof
to the applicant, appellant, and persons who requested a copy of the building
official's decision,
~3} Within ten days of the hearing, unless the applicant and
appellant agree to a longer period, the hearings official shall render a
decision and mail a copy thereof to the applicant, appellant, and parties
who have requested a copy. The hearings official's decision is final.
Ordinance -~40-
/9~ q~
9.144 Ex iration~ Unless actual construction or alteration has begun
within one year, a variance approval terminates. However, prior
to expiration, the applicant may request and the building official may
extend approval far six month periods. The building official shall never
extend approval for more than two years from the first effective approval
date.
9.746 Com fiance with Substitute Plan and Conditions of A royal.
Tf a vari once i s granted subject to certain conditions, or a sub-
stitute plan, compliance with the conditions or the substitute plan is re-
quired. Departure from approval conditions or the substitute plan is a
violation of this ordinance.
Section 22. Section 9.834,.9.832, 9.534, and 9.836 are hereby added to
the Eugene Code, 197T, to read and provide:
Amendment Procedures
9.830 A lication of Sections. Amendments to the provisions in the Eugene
5ign Cade, Land Division Ordinance, Annexation Procedures, and zoning
Ordinance shall be made as provided in sections 9.832 to 9.535.
9.$32 Tnitiation. An amendment to the provisions of the 5ign Cade, Land
Division Ordinance, Annexation Procedures, or Zoning Ordinance may be
initiated by the planning commission or city council as a request to the cam~-
mission that it consider a proposed amendment.
9.534 Notice, Plannin Commission Public Hearin ,and Decision.
~1} The planning commission shall conduct a public hearing on the pro
posed amendment. At least 30 days prior to the hearing, the planning depart-
ment shall mail notice of the hearing to interest groups and public agencies
it has determined, with the advice of the Citizen Tnvolvement Committee,
might have an interest in the proposed amendment. At least ten days prior
to the hearing, the planning department shall publish a notice thereof in
a local newspaper of general circulation in the city.
~2~ Following the public hearing, the commission shall decide if the
proposed amendment, in its original or modified form, is consistent with
adopted plans, policies, and standards. Accordingly, the commission shall
forward its recommendation to the council for adoption of the amendment or
to withdraw it from further consideration.
9.836 Notice, City Council Public Hearin ,and Decision.
~1} The council shall conduct a public hearing to consider the com-
mission's recommendation. At least ten days prior to the hearing, the
planning department shall mail notice of the hearing to parties of record
and to interest groups and agencies notified of the commission hearing.
~2~ Following the public hearing, the council shall consider the
planning commission's recommendation. The council may, by ordinance,
adopt the amendment in its original or modified form.
Ordinance -4T-
~~ ::
Section 23. Sections 9.854, 9.852, and 9.994 of the Eugene Cade,
1971, are hereby amended to read and provide:
Fee Schedule
9.850 Pur ase. In order to defray the expenses connected with any land
use application, the city shall charge and collect the fees estab~
1 i shed by counci 1 resol ut.i on .
9.552 Other Re uirements.
- ~~~ The applicant is responsible for submitting the required fees
when submitting an application . -. . -...
. ~~ . ~ 2~ Whether the bui 1 di ng official , p1 anni ng director, heari n s
9
afficial,.planning commission, or council grants ar denies an application,
the pets t~ over ~ s not ent~ t1 ed to a refund of the i ni ti a1 fee paid.
9.990 Penalties ~- Sp,eci f i c. , Ali of ati on of any provision i n this chapter
s puni~s~habl~e by a fi ne not_to exceed $504.00 far each day that
- the violation exists.
Section 24. Any references in sections of the Eugene Code, 1911 to
sections amended and/ar repealed by this Ordinance sha11 be deemed to refer
to the section as constituted herein, and upon, approval of the Planning
Director and City Attorney, the City Recorder i s authorized to admi n i stra-
tively cause appropriate corrections to be made thereto.
Section 25. The procedures provided for in this Ordinance represent a
major change in the processing of land use applications and related matters..
1t is the intent in the adoption of these provisions that all matters in
process prior to the effective date of this Ordinance be governed by the
currently effective provisions. In order to provide for the orderly imple-
mentation of this Ordinance and provide a day certain for compliance with
its provisions, it is hereby declared that this Ordinance shall become
effective as of 12:41 a.m., January 1, 1984.
Ordinance ~42-
.;:ir
Passed by the City Council this
~~ay of November, 1983
~~
s-~.Ci ty R order
~q~q~
Approved by the Mayor this
~~~^"Pay of November 1983
Mayor
/g~R~
Ordinance -43~-