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HomeMy WebLinkAboutOrdinance No. 18971ORDINANCE N0. 18971 AN ORDINANCE CONCERNING DRIVEWAY CURB CUTS; LAND .AND ZONING REGULATIONS; AMENDING SECTIONS 7.410, 9.015, 9.060, 9.254, 9.308, 9.310, 9.322, 9.324, 9.336, 9.534, 9.53$, 9.540, 9.542, 9.544, 9.546, 9.550, AND 9.556 OF SHE EUGENE CODE, 1971; ADDING A NEW SECTION 9.567 THERETO; AND DECLARING AN EMERGENCY. ~~ THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection ~4} of Section 7.410 of the Eugene Code, 1971, is hereby amended to read and provide: 7.410 Driveways -~ Curb Cut. w~ nl ~ I iiii~~ii~~~~Wl~~~ii ~4} In no event shall the curb cut extend beyond the property line or rights of the owner requesting the curb cut, except in those cases where: ~.a} The adjacent property owner gives written approval, ar fib} In the opinion of the traffic engineer such a decision is necessary for safe ingress and egress for the traveling public; or, ~ c } Two attached sing~,e family dwellings face the same street with side by side paring, in which event, a single curb cut shall be required, and the property owners shall execute a recordable agreement providing for the joint use of the curb cut. Upon finding that a single curb cut would be impractical or unsafe, the traffic engineer may grant an exception to this requirement. Section 2. Section 9.015 of the Eugene Code, 1971, is hereby amended by deleting therefrom the definitions of "Butt lot or par- cel" and "Key lot ar parcel". Section 3. Subsection ~.2} of Section 9.060 of the Eugene Code, 19 7l is hereby deleted, and subsections ~ 3 } , ~.4 } and ~ 5 } renumbered as ~2} , {3} and ~.4} thereof, and subsections ~1} ~a} and ~l} fib} 4. thereof are hereby amended, to read and provide: Ordinance - l 1897 9.460 Plattin and Map ing Standards - Lots and Parcels. ~ l } Size and frontage . ~a} General re uirements. 1. Width. Each lot and parcel shall have ______. an average width between the side lines of not less than 54 feet. Each corner lot and parcel shall have an average width between the lot and parcel side lines of not less than 65 feet. Each duplex division lot shall have an average width between the side lines of not less than 45 feet. 2. Depth. Each lot and parcel shall have an average depth between the front and rear lines of not less than SO feet and not more than 3 times the average width between the side lines on lots and parcels up to 60 feet in width,~and not more than 2-l/2 times the average width between the side lines on lots and parcels over 60 feet in width. Ares . Each lot in an RA, R-1, R- Z , R- 3 , R-4 and RP zoning district shall comprise a mini- mum of 4,500 square feet, and each lot in other districts shall comprise a minimum of 6,440 square feet, ar as otherwise stipulated in the zoning district where located, except a duplex division lot created in accordance with section 9.0 6 4 ~ l } ~b } 4 . 4. Frontage. Each lot and parcel other than a duplex division lot shall have frontage of not less than 50 feet upon a street having a proposed right-of-way width of at least 50 feet and not less than such width as called for in the Master Rvad Plan, except that a lot or parcel on the outer radius of a curbed street or facing a circular end of a cul-de-sac shall have frontage of not less than 35 feet upon a street, measured on the arc . fib} Exceptions: 4. Duplex division lot. The planning direc- tor may in his d~i~s~c~et~on~-~~authorize width, area, and frontage exceptions far duplex division lots in accordance with sections 9.060 ~ 1} ~a} l . , 9.060 ~.l } ~_a } 3 . , and 9.0 60 ~ 1 } ~.a} 4 . where there appears to be no reason not to allow the division of an existing conforming duplex lot containing one two-family dwelling duplex} provided the origi- nal lot contains at least 8,000 square feet of area and the resulting duplex division lots are relatively equal in size, with the maximum dif- ference in area between divided lots not exceed- ing ten percent of the total area of the original lot, and a minimum area of 3, 600 square feet, reasonable amount of frontage, and a minimum average width of not less than 45 feet. Assur- Ordinance -~ Z 1897- ante must be provided that each unit establish independent utility service, including but not limited to water, electric, and natural gas, unless common utilities are approved by the affected uti~.ity agency and are adequately cov- ered by easements. Asingle-family structure could be created only if each lot resulting from a duplex division satisfies the general require- ments of width, depth, and frontage other than duplex division lot exceptions specified in sec- tion 9.060 ~1} ~.a} . Section 4. Section 9.54 of the Eugene Cade, 19?1, is hereby amended by deleting therefrom the definitions of "Basement", "Cellar", "Story", and "Story, half"; adding in alphabetical order therein a definition of "Private access agreement"; and amending the definitions of "Building height", "Development site", "Dwelling, single family", "Dwelling unit" , "Grade ~.ad~ acent ground elevation} ", '"Lot" , "Lot of record", "outdoor living area'", "Yard, front", and "Yard, interior", to read and provide: 9.254 Building height. The vertical distance above a reference datum measured to the highest point of the coping of a f lot roof , to the deck line of a mansard roof, or to the average height of~the highest gable of a pitched ar hipped roof. The height of a stepped or terraced building is the maximum height of any segment of that building. The reference datum shall be whichever of the following two measurements results in the greater building height see figure 1}: 1. The reference datum is the lowest grade when the highest ground surf ace within a f ive-foot horizontal distance of the exterior wall of the building is not more than ten feet above that low- est grade. Note: See also definition of "Grade" . } 2. The reference datum is ten feet higher than the lowest grade when the ground surface des- cribed in item 1 above is ten feet or more above that lowest grade. Note: See also definition of "Grade" } . Deve1 m n t ct of _ _ _, o~ e t ,sa.te. A ra land under common _.__. ownership or control,, either undivided or consisting of two or more contiguous lots of record. Grdinance - 3 1897/ Duplex division lot. A parcel of land with an area of at least 3,604 square feet containing one unit of an existing duplex structure resulting from the division of a conforming duplex lot at least 8,000 square feet in area, Dwellin , sin le famil attached. A building de- signed or used for the occupancy of one family, with housekeeping faci~.ities for only one family, and attach- ed by a common wall to one or more single family dwell- ings at the property line of an adjoining lot. Dwellin , single famil detached. A building de- signed or used for the occupancy of one family, with housekeeping facilities for on~.y one family. Unless specifically stated otherwise, the term "single family dwelling" as used in this zoning ordinance means "single family detached dwelling". Dwelling unit. one or more interconnected rooms designed, constructed, or used as independent living facilities for one family, including independent provi- sions for sleeping and cooking, .See the building codes adopted pursuant tv section 8.010 of the Eugene Gode , 1971 for additional specifications.} Grade ~ad`acent ground elevation}. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within an area between the building and the property line or, when the prop- erty line is mare than five feet from the building, between the building and a line five feet from the building. See Figure 1.} Lot. A unit of land that is created sion of land as pro~rided for in the land ordinance. In the zoning ordinance, the and "parcel" are used interchangeably. also definition of "Lot of record".} by the divi-- division words "lot" Note : See Lvt of record. A lot or parcel that is on re- cord at the Lane county recorder's office and that conforms with all applicable state and local land use requirements, including approval thereof, in effect when recorded. outdoor liyin,~~area, outdoor or semi-outdoor area designed to pro~r~e a more pleasant and healthful envir- onment for the occupants of dwelling units served. It includes natural ground area, paved and roof top areas, balconies, porches, patios, terraces, verandas, and similar areas developed for active ar passive ordinance - 4 18971 recreational activities. Portions of exterior bal- conies required for building exits shall not be included in "outdoor living area". Private access a ree - --~ _~ ---^, .~~~,~~.. ,_,_.~,~___,_,.~.~ ,.,_ment. ~ recorded legal docu- ment a.n which one property owner irrevocably grants to the owners of one or more. neighboring lots or parcels, and their successors in interest, a city. approved right to pass over his or her property to gain access to a public or approved private street. Yard, front. ~n area extending between lot lines that intersect a street line, the minimum depth to be as required by zoning district standards. See Figure lo.} Yard, interior. ~n area adjacent to a property line that~is not also a street property line, the mini- mum. depth to be as required by zoning district stand- ards. Interior yards include side and rear yards. ~ S ee Figure 1 Q . } Section 5. Section 9.308 of the Eugene Code, 1971, is hereby amended to read and provide; 9.308 Descri tion and pur ose. The RA Suburban Residential District is designed to create a semi-rural environment within which certain limited agricultural pursuits are carried on in conjunction with, or in dose proximity to, subdivisions and planned unit developments containing non-farm dwellings. It is the further intent to have key urban services and faci- lities available within this district. Section G. Section 9.31Q of the Eugene Code, 1971, is hereby amended by amending subparagraph ~l}~d}; adding a new subparagraph fie} thereto; relettering the present subparagraphs fie} , ~f } , fig} , and ~h} to ~f } , fig} , ~h} , and ~i} ; relettering and amending the pre- sent subparagraph ~i} to ~j}; adding a new subparagraph ~k} thereto; relettering the present subparagraphs ~j } and ~.k} to ~ l} and gym} ; and amending subparagraphs of subsection ~.2} thereof, to read and provide. 9.31Q Permitted Buildin s and Cases. ~l} ~d) Duplexes; on corner lots which have been Ordinance - 5 1897/ created on, or prior for March 15, 1968, that meet an area requirement of 5,000 square feet; on corner lots which have been created after March 15, 1968, subject to an area requirement of 8,000 square feet and a minimum of 160 feet of frontage, on corner lots of land annexed after March 15, 1968, where duplexes now exist on corner lots yr where corner lots meet an area requirement of 8,000 square feet and a minimum of l6 0 feet of frontage; and on interior lots i f the following criteria are met: 1. That the block face contains not more than three lots. 2. That the two corner lots have existing .duplexes. 3. That the lot contains a minimum of 8,000 square feet. fie} Duplexes, legally divided. ~j} Single family attached dwellings. ~k} Single family detached dwellings. 4~} ~a} That the lot contains a minimum area of: 1. 8, 000 square feet for duplexes; 2. 12,000 square feet for triplexes; and 3. 16,000 square feet for fourplexes. fib} Any duplex, triplex or fourplex developed under this provision is limited to 15 feet in height within 20 feet of any interior lot lines. Section 7. Section 9.322 of the Eugene Code, 1971, is hereby amended to read and provide: 9.322 Description and Purpose. The R--1 Low Density Residen- tial District is an urban classification intended pri- marily for low density, urban housing to which key urban ser- vices and facilities can be provided. This district is not limited to single family detached dwe~,lings, although that residential type is most typical. Section 8. Section 9.324 of the Eugene Code, 1971, is hereby amended by amending subparagraph ~l}~d}; adding a new subparagraph ~1} fie} ; relettering the present subparagraphs ~1} fie} , ~ f } , fig} , and ~h} to ~1} ~ f } , fig} , ~h} , and ~i} ; relettering and amending the pre- sent subparagraph ~i } to ~j } ; adding a new subparagraph ~ 1 } ~ k } ; re- lettering the present subparagraph ~l} ~.j } to ~l} ~l} ; and amending ordinance - 6 1897! subparagraphs (a) and fib) of subsection (2) thereof, to read and provide; 9.324 Permitted Buildin s and Uses. ~1} ~d} Dup~,exes, on corner lots which have been created on, or prior to, March 15 , 19 68 , that meet an area requirement of 5,040 square feet; on corner lots which have been created after March 15, 1968, subject to an area requirement of 8,000 square feet and a minimum of 160 feet of frontage; on corner lots of land annexed after March 15, 1968, where duplexes now exist on corner lots or where corner lots meet an area requirement of 8,004 square feet and a minimum of 160 feet of frontage; and on interior lots if the follow- ing criteria are met: 1. That the black face contains not more than three lots. 2 , That the twv corner lots have existing duplexes. 3. That the lot contains a minimum of 8,000 square feet. fie} Duplexes, legally divided. ~j} Single family attached dwellings. ~k} Single family detached dwellings, ~2} ~a} The lot contains a minimum area of: 1. 8,040 square feet for duplexes; 2 . 12 , 4 4 4 square feet for triplexes ; and 3. 16,000 square feet for fourplexes, fib} Any duplex, triplex, or fourplex developed under this provision is limited to 15 feet in height within 20 feet of any interior lot lines. Section 9. Section 9.336 of the Eugene Cade, 1971, is hereby amended to read and provide: 9.336 Description and Purpose. The R-2 Limited Multiple Fami- ly Residential District is an urban classification in- tended primarily for medium density, urban housing to which key urban services and faci~,ities can be provided, This dis- trict permits a variety of residential, structural types at densities of up to 2,650 square feet per dwelling unit. Section 10. Section 9.534 of the Eugene Code, 1971, is hereby amended to read and provide: ordinance - 7 189'i i 9.534 Buildin He.i ht Limitations. ~~1} Residential: ~a} In the AG, RA, R--l, R-2 and RP districts, no main building shall exceed 25 feet in height except, development in RA and R-1 districts pursuant to sub- section ~.2 } of sections 9.310 or 9.324 shall be limited to buildings 15 feet in height within 20 feet of any interior lot lines. Accessory buildings in the AG district sha11 have no building height limitation, while accessary buildings in the RA, R-1, R-2, R-3 and RP districts are limited to 12 feet in height. fib} In the R-3 district, no main building shall exceed 40 feet in height except where an R-3 district abuts upon an AG, RA or R-1 district, in which case the maximum permitted building height shall be limited to 25 feet far that portion of the building within 54 feet from the abutting boundary of any of the of oremen-- tioned districts. ~c} In the R-4 district, there is no building height limitation, except when an R-4 district abuts upon an AG, RA or R-1 district, in which case the maxi- mum permitted building heights. shall be limited to 25 feet for that portion of the building within 50 feet from the abutting boundary of any of the aforemen- tioned districts. Accessory buildings shall hereafter be limited to 25 feet in height. ~d} In the RG district no main building or acces- sory building sha11 exceed or intersect the sun expos- ure plane. ~_5ee Figure 11.} fie} Single family dwellings permitted in commer- cial or industrial districts shall not exceed 25 feet in height. ~2} Commercial: ~a} In the C-1 district no main building or accessory building sha11 exceed 25 feet in height. fib} In the C-2 and C-3 districts there is no building height limitation, except when said districts abut upon a residential district, in which case the maximum permitted building height shall not exceed the maximum building height permitted in the abutting residential district for a distance of 50 feet from the abutting boundary. ~ 3 } Industrial ~a} In the M-1 district no main building or accessory building shall exceed 4~ feet in height. fib} In the M-2 and M-3 districts there is no building height limitation. ~4~} The maximum height of buildings and uses permitted conditionally shall be stated in the Conditional Use Permit. Section 11. Subsection ~.5} of Section 9.538 of the Eugene Code, 19?l, is hereby amended to read and provide: Ordinance - S 189~~ 9.538 General Yard Re ulations. ~5} Special setback for garages and carports. There shall be provided at least 18 feet of driveway, accessway or maneuvering space as measured through the center of said driveway, accessway, or maneuvering space from the street line to the closest point of any building or carport or portion of building or carport that is designed or intended or which could be construed to be used for the temporary or permanent parking of motor vehicles. The purpose of this requirement is to require parking of motor vehicles wholly on private property. Sectlan 12. Subsection ~_1} of Section 9.540 of the Eugene Code, 1971, is hereby amended to read and provide: 9.540 Front Yards. See Figure 1Q} ~ 1 } Residential ~a} Subject tv the requirements of section 9.538.5} for garage and carport setback, AG, RA, R-l, ~R-2, R-3, R-4, RG and RP districts shall have a front yard of not less than 10 feet. Said yard shall be landscaped and maintained. Exceptions - see section 9.544~f}.} Section l3. Subsection ~1} of Section 9.542 of the Eugene Code, 1971, is hereby amended to read and provide: 9.542 Interior Yards. { 1 } Residential, ~a} All lots or development sites in the AG, RA, R-~ 1, R- 2 , R- 3 , R- 4 , RG and RP districts shall have inter- ior yards of not less than ten feet between the build- ings, without regard as to the location of the prop- erty line, or no interior yards required if the build- ings abut or have a common wall, except where a utility easement is recorded adjacent to a side lot line, in which event there shall be a side yard no less than the width of the easement. ~.b} The owner of a lot or parcel with an inter- ior side yard of less than five feet from an adjacent building must secure a recordable maintenance access agreement across a sufficient portion of the abutting property to comprise a total of five feet, that also extends five feet beyond the front and back building lines. ~c} when the setback from a shared property line is less than five feet, a recordable consent of the owners of both parcels of property is required. Section 14. Section 9.544 of the Eugene Code, 1971, is hereby Grdinance - 9 (847 amended by amending subparagraph ~.c} thereof; amending subparagraph ~d} 1. d. ; deleting subparagraphs ~d} 1, g. and [d} 1. h. ; and adding sub- paragraphs ~. e. , 2, f . and 2. g. to subparagraph fie} thereof , to read and provide: 9.544 Yard Exce bons and Permitted Intrusions Into Required Yards. ~c} Projecting building features. .The following building features: may project into the required front yard no more than five feet and into the required inter- ior yards no more than two feet; provided, that such projections are at least eight feet from any building on an adjacent lot: 1. Eaves, cornices, belt courses, sills, awnings, buttresses or other similar features. ~. Chimneys and fireplaces, provided they do not exceed eight feet in width. 3. Porches, platforms or landings which do not extend above the level of the first floor of the building. 4. Signs conforming to all other applicable ordinances. ~d} Fences and walls: 1. d. The fences or walls will be lo- cated at least five feet from dwellings on adjacent property. (e) 2. e . At least fifty percent of a re- quired front yard shall be in landscaping as opposed to impervious surface for parking ~.e.g., concrete or asphalt}. f. ~o recreational vehicles, boat trailers, camperettes, or other vehicles may be parked in the landscaped portion of a re- quired front yard. g. The landscaping in the first ten feet of the front yard setback from the street will provide adequate vision clearance for vehicles and pedestrians passing on public rights-of-way as well as those leaving devel- opment sites and adjacent properties. ordinance - 10 -89 Yl Section l5. Subsections ~l} fib} and ~2} ~a} of Section 9.546 of the Eugene Code, 1971, are hereby amended to read and provide. 9.546 Lot Area, Lot Area Per Dwelling Unit. ~l} In the following districts each lot or development site shall have an area as shown below, except as provided in sections 9.532 to 9.562: unit: fib} zn the RA, R-1, R-2, R-3, R-4, and RP dis- tricts, each lot or development site shall have a minimum area of 4,500 square feet unless a duplex division lot or as may be established by a sub- district, subject to the provisions of sections 9.060, 9.310, and 9.324 in RA and R-l districts for corner lot duplexes, duplexes, triplexes and fourplexes. ~2} Lot or development site area required per dwelling ~a} In the R-2 district there shall be a minimum of 2,650 square feet of lot or development site area per dwelling unit. Section 16. 'the first paragraph and subparagraph ~c} of Sec- Lion 9.550 of the Eugene Code, 1971, are hereby amended to read and provide. 9.550 Cluster Subdivisions in RA and R-1 Districts. In RA and R-l districts, the lot area, lot coverage, and yard requirements may be relaxed in connection with individual lots or building sites created by duly approved, filed, and re- corded subdivisions of the '"cluster" type provided that: ~.c} Maximum density, defined for this section as total dwelling units divided into the total area in- cluded in the application, does not exceed that per- mitted by the district or subdistrict in which the subdivision is to be located, taking into account the provisions of sections 9.308 to 9.310 and 9.322 to 9.324 for duplex, triplex, and fourplex development. A performance agreement, approved by the office of the city attorney, binding the applicant and the appli- cant's successors in interest shall be required. In addition, if the development site contains over four acres, participation by a professional design team is required; and Section 17. Section 9.556 of the Eugene Code, 1971., is hereby amended to read and provide: ordinance - 11 18971 9.556 Lot Coverage. ~1} Maximum permitted lot coverage by buildings and structures in agricultural and residential districts shall be: Maximum lot coverage: AG , RA, R-1, RG and RP 5 4 a R-2 540 R-3 54Q R-4 60~ ~ 2 } All other districts not listed in ~ ~ } above shall not be limited as to lot coverage. Section 18. Anew section is hereby added to the Eugene Code, 1971, to be numbered and provide: 9.567 Qutdoor Livin Area. An outdoor living area, as defined in section 9.254, shall be provided for all residential development equivalent to ten percent of the gross floor area of each dwelling unit. It may be provided as private or semi- private. space or a combination thereof . ~a} Private space, open or roofed, is accessible only to the occupants of one dwelling unit, and is sub- ject to the following specifications: 1. Minimum dimension 4.5 feet; minimum area 35 square feet; 2 . Minimum height 7 f eet; and 3. At least 650 of the longest dimension open and unobstructed. ~.b~ Semi-private space, open or roofed, is acces- sible to all building occupants, and is subject to the following specifications: 1. Minimum dimension 10 feet; minimum area 1a0 square feet; 2. Minimum height 7 feet; and 3. At least 65o of the longest dimension open and unobstructed. Section 19. That the matters contained herein concern the public welfare, and in order to insure the orderly administration of the City's land use and zoning regulations, an emergency is hereby declared to exist, and this Ordinance shall become effec- tive immediately upon its passage by the City Council and approval by the r~ayor . Passed by the City Council this 24th day of May, 1982 City ecoraer Approved by the Mayor this th day f May, 19 '~ayor Grdinance - 12.