HomeMy WebLinkAboutOrdinance No. 19244ORDINANCE N0. I924 4
AN ORDINANCE CONCERNING THE MIxED USE AND SPECIAL
DEVELOPMENT ZONING DISTRICTS; AMENDING SECTIONS 9.476,
9.478, 9.480, 9.482, 9.454, 9.485, 9.456, AND 9.487 OF
THE EUGENE CODE, 197I; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 9.476, 9.478, 9.450, 9.452, 9.454, 9.485, 9.486
and 9.4$7 of the Eugene Code, T971, are hereby amended to read and rovide:
P
r ~ MU MIxED-USE DISTRICT
9.476 DESCRIPTION AND PURPOSE, Due to historical development patterns
certain areas of the city are characterized by a mixture of use s
such as residential and commercial uses or residential and industrial uses
which are normally segregated under standard zoning districts. In some
instances, provision fora continuation of a mixture of uses will serve both
the public interest and allow a more equitable balancing of private inter-
ests than would the utilization of a standard zoning district. Because of
the variety of circumstances which would exist in different areas of the
city and the different treatment accorded those areas in the Metropolitan
Area General P1 an, i t i s not possi b1 e to establish a zoning district with a
uniform listing of uses and standards that are applicable to all those areas.
Therefore, the MU Mixed Use District provides procedures and criteria for
recognition of those areas and for the development of standards governing
each application of the district to a particular area. It is intended that
the MU Mixed~-Use District be very selectively used,
9.475 CRITERIA FOR ESTABLISHMENT OF THE MU MIXED-USE DISTRICT. Before
an area is rezoned to an MU Mixed-Use District, the approving
authority shat 1 make affirmative findings that;
~a} The area to be classified as an MU Mixed-Use District
includes the equivalent of at least one standard city block
(e.g., 320' x 32a'}.
fib} A special study of the area has been completed showing
how the proposed MU Mixed-Use District uses will be compatible
with one another, will provide a functional and healthful envir-
onment, and will be integrated with the surrounding area.
~c} At least 50 percent of the lots or parcels to be
classified as an MU Mixed-Use District are already developed
with structures.
~d} The existing development has occurred over a period
of years and is characterized by a mixture of uses.
fie} The uses and development standards of conventional
residential, commercial, or industrial zoning districts are
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not capable of or suitable for promoting the internal compati-
bility and integration with the surrounding area prescribed by
area special study .
~f} The uses to be permitted and the development standards
to be applied in the district will be consistent with the
criteria required far approval of a conventional zone change.
9.48D MU MIXED-USE DISTRICT ELEMENTS. Because the MU Mixed~Use District
is designed to be applied to diverse situations, the specific
mixture of uses permitted and the development standards required will have
to be specified for each application of the district to a particular area.
Therefore, the ordinance applying the MU Mixed-Use District to a specific
area shall contain the following elements:
~a} A Description and Purpose Section setting forth the
specific purposes the district is intended to accomplish in
the particular situation.
fib} A Use Section setting forth the activities or catego v-
ies of activities to be permitted, or the performance standards
to be used i n evaluating speci f i c activities. This section
shall govern the uses permitted within a particular mixed-use
district.
~c} A Standards Section setting forth special develo p-
ment standards governing parking, coverage, setbacks, height
limitations and other factors which are either different than
or supplemental to the normal standards of the code.
9.482 EXEMPTIaN. When an area has been classified as a MU Mixed-~Use
District, the general development standards set forth in this
code shall govern, but to the extent the special development standards in
sectian 9.480 conflict with those general standards, the special standards
in section 9.480 shall apply.
SD SPECIAL DEi~ELDPMENT DISTRICT
9.484 DESCRIPTIDN AND PURPOSE. Certain areas possess unique and dis-
tinctive buildings or natural features that have significance
or benefit for the entire community. It is further recognized that these
areas require special consideration so that the uses permitted and the
development standards imposed are designed to protect and enhance those
unique features which make these areas distinctive. The SD Special Develop-~
ment District provides procedures and criteria for the recognition of these
areas and for the development of standards governing each application of
the district to a particular area, It i s further intended that the SD
Special District will be very selectively used and only after extensive
demonstration that the area merits special consideration in accordance
with the standards provided.
9.485 CRITERIA F4R ESTABLISHMENT DF THE SD SPECIAL DEVELOPMENT
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DISTRICT. Before an area is rezoned to an SD Special Develo p
ment District the approving authority shall make affirmative findings that:
~a~ The area possesses unique buildings or natural features
that require special consideration to preserve, encourage, or
ensure appropriate development or redevelopment. In order to be
considered unique, it must be demonstrated that;
1. The area is characterized by substantial buildings
i n a state of historical transition and i n which i t wool d
be desirable to encourage preservation of unique existing
features; or
2. The area is characterized by natural features which
have been designated by the city as worthy of special treat~-
treatment or preservation.
(b~ A special study of the area has been completed showing
haw the.Special Development District's uses and development stan~
lards will ensure preservation of unique and distinctive features
of benefit to the entire community as well as how uses will be
integrated with the surrounding area.
~c~ The uses and development standards of conventional resi-~
denti al , commercial , or industrial zoning districts are not capabl e
of or suitable for promoting the appropriate types of development
and preservation prescribed by the area special study.
~d~ The area to be classified SD Special Development District
includes the equivalent of at least one standard city block ~e.g.,
320` x 320'} or the equivalent of at least one block length ~e.g.,
32a'}. An exception may be made to allow a pilot project or lesser
area provided:
I. The approving authority finds that the surrounding
area would also be sui tabl e for the kind of special district
being proposed, and
2. The size of that surrounding area which would al sa
be suitable for the special district is the equivalent in
area to at 1 east a city bl vck.
~e~ The uses to be permitted and the development standards
to be applied in the proposed district will be consistent with
the criteria required for approval of a conventional zone change.
9.48b SPECIAL DISTRICT ELEMENTS. Due to the unique characteristics
which are to be identified under section 9.485, it will be
necessary to identify permissible uses and appropriate development standards
designed to protect or enhance appropriate development or redevelopment in
each particular application of this district. Therefore, the ordinance
establishing an SD Special Development District shall contain the following
additional elements:
~a~ A Description and Purpose Section setting forth the
specific purposes the district is intended to accomplish in the
particular situation;
fib} A Use Section setting forth the activities, categories
of activities, or the performance standards to be used in eval-
uating specific activities which shall govern the uses permitted
within a specific special district;
~c~ A Standards Section setting forth special development
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standards governing parking, coverage, setbacks, height limita~
tions and other factors as appropriate within a specific special
district;
~d} A Public Facilities Section setting forth special stan-
dards for. public improvements to ensure conformance of these
improvements with the purpose of the district and the general
development standards; and
fie} A Peview Sectian setting forth the type of review
process that will be followed in evaluating development within
each special district ~e.g., Planned Unit Development, Conditional
Use Permit, Site Review, etc.}.
9,487 EXEMPTION. then an area has been classified as an SD Special
Development District, the general development standards set forth
in this code shall govern, but to the extent the special development stan-
dards in section 9.486 conflict with those general standards, the special
standards in section 9.486 shall apply.
Section 2. That the matters contained herein concern the public wel--
fare and safety ,and therefore, an emergency is hereby declared to exist, and
this Ordinance shall become effective immediately upon its passage by the
City Council and approval by the Mayor.
Passed by the City Council this
3rd day of April, X9$4
~.5~ City ecorder
Approved by the Mayor this
2Srd da of April, X984
Mayor ~~