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HomeMy WebLinkAboutOrdinance No. 18951ORDINANCE No. 18951 AN ORDINANCE CONCERNING R-3 AND R-4 ZONING DIS- TRICTS;. AMENDING SECTIONS 9.254, 9.366, 9.368, 9.3 $ ~ AND 9.3 8 2 0~' THE EUGENE CODE , 19 71; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS ~`oZ~LOw5: Section 1. The following definitions in Section 9.254 of the Eugene Code, 1971, are hereby amended, and a new definition for "Area under development control" added in alphabetical order therein, to read and provide as follows: 9.254 ~~ Area under development control. That tract of land within single ownership currently occupied by a lawful user together with any contiguous property in which the owner or tenant of the tract has a written enforceable legal interest allowing present or future primary possessory rights in that contiguous property ~e.g. lease, option to purchase, land sale contract, deed } . Garage, private parkin A publicly or privately owned structure having one or more tiers of height, used for the parking of automobiles for the tenants, employees, customers, patrons, ar o~rners of the prop- erty for which the parking spaces contained in or on said garage are required by this ordinance and are not open for use by the general public. Garage, public,~arking. A publicly or privately owned structure having one or mare tiers of height, used for the parking of automobiles and open for use either in full or in part by the general public, either for free or far remuneration. Parking area, private. Privately owned property, other than streets and for parking by the tenants, employes, patrons, or owners of the property far parking area is intended, and not open general public. or publicly alleys, used customers, which the for use by the Parking area, public. Privately ar publicly owned property, other than streets or alleys, identi- fied for parking use either in whole or in part by the general public, either free or for remuneration. ordinance - 1 rsg5~ Section 2. Section 9.366 of the Eugene Code, 1971, is hereby amended by deleting subparagraphs ~~} and fig} therefrom and reletter- ing subparagraphs t~c } , ~d } , ~e } - ~.t } - ~h} , ~_i } , and ~ j } to ~b } , ~ c } , ~d} , fie} , ~f } , fig} , and ~_h} respectively. Section 3. Section 9.368 of the Eugene Code, 1971, is hereby amended to read and provide; 9.365 Buildings and Uses Permitted Conditionally. In addi- tion to the buildings and uses permitted conditionally, listed in sections 9.492 to 9.502, the hearings official may grant a conditional use permit for any of the following build- ings and uses in accordance with the procedures set forth in sections .9.696 to 9.722: ~a} Ambulance service satellite facility only, excluding central dispatch and maintenance functions}. ~_b} Campus living organizations. ~c} Churches; subject to the following conditions: 1. Dedication and improvement of public streets. 2. Conveyance or dedication of public utility easements as determined by the city. ~d} Clinics, except no new clinics shall be per- mitted in the following described area: Beginning at 13th Avenue and Willamette Street then south on Willa- . mette Street to 19th Avenue, then east on 19th Avenue to Patterson Street, then north on Patterson Street to 1Sth Avenue, then east on 18th Avenue to Hilyard Street then north on Hilyard Street to 13th Avenue, then west on lath Avenue to ~~illamette Street. ~e } Day .nurseries . ~f} Group care homes; group care homes - U.S. Veterans. fig} Homes for the aged. ~_h Nursing homes. ~i} Private and public parks, playgrounds, golf courses, driving ranges, or community centers. Clinics and hospitals in existence on April 14, 1982 in the excluded area described in ~.d} above, shall remain condition- ally permitted, with expansion of any existing clinic or hos- pital limited to the area under development control by the existing clinic yr hospital as of December 1, 1951. Section 4. Section 9.380 of the Eugene Code, 1971, is hereby amended by deleting subparagraphs ~.d} and (o} therefrom, relettering subparagraphs ~e}, ~f} - fig} - ~.h}, ~i} - ~j} - ~k}, ~1} - ~.m} - 4n}, 4p}, ~q} , and fir} to ~.d} - fie} , ~_f } - .~.g} - ~h} , ~.i} , ~j } - ~k} - 41} - gym} ordinance - 2 18951 ~ n } , ~ o } , and ~.p } , respective 1y , and amending the newly re lettered subparagraph ~d}, to read and provide: 9.38a ~d} Clinics, in the following described area: Beginning at Broadway and High Street, then south on High Street to 11th Avenue, then east on 11th Avenue to Kincaid Street, then north an Kincaid Street tv Franklin Boulevard, then west on Franklin Boulevard and Broadway to High Street. Section 5. Subsection ~l} of Section 9.352 of the Eugene Code, 1971, and the first paragraph of subsection ~2} thereof, are hereby amended to read and provide: 9.352 Buildings and Uses Permitted Conditionally. ~1} In addition to the bui~,dings and uses. permitted conditionally, listed in sections 9.492 to 9.5x2, the hearings official may grant a conditional use permit for any of the following buildings and uses in accordance with the procedures set forth in sections 9.696 and 9.722; ~a} Ambulance service satellite facility only, excluding central dispatch and maintenance functions}. fib} Artists' studios. ~c} Churches, subject to the following conditions: 1. Dedication and improvement of public streets. . 2. Conveyance or dedication of public utility easements as determined by the city. ~d} Clinics, except in the following described .area: Beginning at 13th Avenue and Hilyard Street, then south on Hilyard Street to 18th Avenue, then east on 18th Avenue to Kincaid Street, then north on Kin- caid Street to 13th Avenue, then west on 13th Avenue to Hilyard Street. fie} Colleges. ~f} Hospitals, except in the following des- cribed area: Beginning at 13th Avenue and Hilyard Street, then south on Hilyard Street to 18th Avenue, then east on 18th Avenue to Kincaid Street, then north an Kincaid Street to 13th Avenue, then west on 13th Avenue to Hilyard Street. fig} Private parking garages. ~h} Public or private clubs, lodges or meeting halls. ~..i} Public or private parking areas. . ~.j} .Convenience commercial uses, limited to the following: Ordinance - 3 18951 1, Barber shops and beauty shops. 2. Delicatessen stares. 3. Grocery stores or markets, 4. Professional offices for the following: a. Accountants. b. Attorneys. c. Physicians, osteopaths, dentists, optometrists, opticians, chiropractors and others licensed by the state to practice the healing arts. 5. Restaurants, except no drive-ins or walk-ups. Clinics in existence on April 14, 1952 in the excluded area described in ~d} above shall remain conditionally permitted, with expansion of any existing clinic limited to the area under development control by the existing clinic as of December 1, 1981. ~2} In addition to the general conditional use permit criteria set forth in section 9.702, the convenience uses listed under ~~} of subsection ~l} of this section shall be subject to the following criteria: Section 6, The matters contained herein concern the public wel- fare, and in order to insure an orderly application of these provi- sions to land use requests, the provisions hereof should became immediately effective, to apply to ail such requests received after its effective date, and, therefore, an emergency is hereby declared to exist, and this ordinance shall became effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this Approved by the Mayor this 14th day of April, 1982 y~.~1..4~t~.~,.., ay of April, 1982 ~~ ' City Recorde ~-~ayor~~ Ordinance -- 4.