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HomeMy WebLinkAboutOrdinance No. 19035ORDINANCE NO. AN ORDINANCE CONCERNING CDI`TAGE UNITS AND SHARED HOUSING; AMENDING SECTIONS 9.015, 9.060, 9.254, 9.310, 9.324, 9.338, 9.35, 9.366, 9.380, 9.394, 9.540, 9.542, 9.548, 9.562, .AND 9.586 OF THE EUGENE CODE, 1971r AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The definition of "Alley", as contained in Section 9.015 of the Eugene Code, 1971, is hereby amended, and a new defini-- tion is hereby added in alphabetical order therein for °'Parcel, Cottage Unit", to read and provide: 9.015 Alley. A deeded ar condemned public right-af~- way for automobile traffic which is used for secon- dary access to the rear or side of property, or in the case of a cottage unit parcel, for primary access. Parcel, Cottage Unit. A parcel abutting an alley and created from the rear portion of an existing lot or parcel according to applicable provisions of the E~~:gene Code , 19 71. Section Z. Subsection ~.l} ~a} of Section 9.060 of the Etagene Code, 1971, is hereby amended and new subparagraphs 6. and 7. are hereby added to subsection ~1}fib} thereof, to read and provide: 9.06D Platting and Ma pin Standards - Lots and Parcels. ~ 1 } Size and frontage. ~a} General re,~uirements . 1. ~Wi~d~th. ~~Each lot and parcel shall have a minimum average width between the side lot lines as follows: Interior lots and parcels . 50 feet Corner lots and parcels . 65 feet Duplex lots and parcels 45 feet Cottage unit parcels Same as original parent parcel, 2. Depth. Each lot and parcel shall have an average depth between the front and rear lines as follows: Ordinance - 1 19035 Single frontage lots and parcels: Minimum: 00 feet Maximum when average width is up to 60 feet: 2.5 times width Maximum when average width is over 60 feet: 3.0 times width Double frontage lots and parcels: At least 120 feet unless otherwise approved by plan Wing director due to unusual topography. Cottage unit parcels: As required to meet width and area requirements specified in this section. 3. Area. Unless otherwise stipulated in the zoning district where located, each lot and parcel shall have a minimum area as follows: RA, R-1, R- 2 , R-- 3 , R- 4 , and RP Districts . . 4, 500 sq. ft. All other districts . . . 6,000 sq. ft. Duplex division parcels . 3,600 sq. ft. Cottage unit parcels: Original parcel after division 3,500 sq. ft. Cottage unit parcel after division . . . 3,500 sq. ft. 4. Frontage. Except as stipulated in this subsection, each lot and parcel shall have 50 feet minimum frontage on a street with a proposed right- of-way width of at least 5D feet and not less than the width called for in the Master Road Plan. Exceptions are as follows: Lots and parcels on the outer radius of curbed streets: 35 feet, measured on the arc; Lots and parcels facing a circular end of a cul-de~-sac: 35 .feet, measured on the arc; Duplex division parcels: As the planning director determines reasonable; Cottage unit parcels: None; alley access is required elsewhere in this section. ~b~ Exceptions. 6. Cottage unit parcel. The planning director may authorize creation of a cottage unit parcel under section 9.034 provided: a. district units; b. ing lot c. at least It will be located in a zoning specifically permitting cottage It will be created from an exist-- ~r parcel; The original lot or parcel contains 7,200 sq. ft.; Ordinance ~- 2 l 905 d. neither resulting parcel will be less than 3,500 sq, ft,; e. The cottage unit parcel will have automobile access to a public street by way of an abutting alley; f, The alley will serve the entire length of at least one cottage unit parcel property line; g, The original lot or parcel front- age will not change; h. Each parcel will have independent service for all utilities, unless common ser- vice is approved by the affected utility agency and is adequately covered by a re- corded, city-approved, easement as specified in subsection 7. of this section; and i. All applicable provisions of state and local codes and regulations, including but not limited to the Eugene Code, 1971, are observed, 7. Cottage unit parcel - agreement. Before approving a cottage unit parcel, the planning director shall require the applicant to sign a written agreement, in a form approved by the city attorney, that establishes the rights, responsi- b~.lities and liabilities of the parties with res- pect to joint use and maintenance of on-site utility systems and pedestrian access across the front parcel for residents and guests of the cot- tage unit parcel. The agreement shall be recorded in the office of the Lane County Recorder, and shall be binding on successors-in-interest, 5ectian 3, The definitions of "Alley" and "Dwelling, Single Family Detached" contained in Section 9.54 of the EL~gene Code, 1971, are hereby amended, and new definitions for "Parcel, Cottage Unit", and "Dwelling, Cottage Unit", are added in alphabetical order therein, to read and provide: 9.54 Al~ lei. A deeded or condemned public right-of-way for automobile traffic which is used for secondary access to the rear or side of property, or, in the case of a cottage unit parcel, for primary access. Dwelling, cotta e unit. An attached or detached building designed or used for the occupancy of one family, with housekeeping facilities for only one family, and located on a cottage unit parcel as spe- Ordinance - 3 19035 f ically provided for in Chapter 9 of the Eugene Code, 1971. Dwelling, single family detached. Except for accessory units as permitted in RA and R-1 districts, a building designed or used for the occupancy of one family. Unless specifically stated otherwise, the term "single family dwelling" as used in this Zoning ordinance means "single family detached dwelling". Parcel, cottage unit. ~ parcel abutting an alley and created from the rear portion of an existing lot or parcel according to applicable provisions of the Eugene Code, 1971. Section 4. Subsection {~l} of Section 9.310 of the Eugene Code, 1971, is hereby amended by adding a new subparagraph ~l} thereto and relettering the present subparagraphs ~l} and gym} to gym} and fin} res- pectively, to read and provide: 9.310 Permitted Buildings and Uses. (1) ~.1} Single family dwelling accessary units subject to the fallowing criteria: 1. The structure containing the accessory and main dwelling units shall be detached from other dwellings. 2. Either the main or accessory unit shall be owner-occupied. 3. The structure containing the accessory and main dwelling units shall have at least 1,500 square feet of floor area, excluding garages and garage areas used for storage. 4. The accessory dwelling unit shall; a. Be an efficiency unit with a maxi- mum of 600 square feet of floor area, or b. Be a conventional unit with a liv- ing room, kitchen, and one other habitable roam, such as a bedroom, with a maximum of 500 square feet of floor area, or c. Occupy one full story of a multi- story structure, or d, occupy a maximum of 40 ~ of the October 25,.1982 total floor area of the main dwelling. 5. There shall be at least three off-street parking spaces on the property to serve the acces- sory and main dwelling units. 5. There shall be no home occupation in Ordinance - 4 l 905 the structure. ?. Unless all the people living in both the accessory and main dwelling units are related by blood or marriage, the total number of people living in the two units shall be a maximum of f ive . Section 5 . Subsection ~l } of Section 9.3 2 4 of the Eugene Code , 1971, is hereby amended by adding a new subparagraph ~1} thereto and relettering the present subparagraph ~.1} to ~m}, to read and provide: 9.324 Permitted Buildings and Uses. (1) ~1} Single family dwelling accessory units subject to the following criteria: 1. The structure containing the accessory .and main dwelling units shall be detached from other dwellings. 2. Either the main or accessory unit shall be owner--occupied. 3. The structure containing the accessory .and main dwelling units shall have at least 1,500 square feet of floor area, excluding garages and garage areas used for storage. 4. The accessory dwelling unit shall: a. Be an efficiency unit with a maxi- mum of 600 square feet of floor area, or b. Be a con~rentional unit with a liv- ing roomy kitchen, and one other .habitable room, such as a bedroom, with a maximum of 600 square feet of floor area, or c. Occupy one full story of a multi- story structures or d. Occupy a maximum of 40a of the October 25, 1952 total floor area of the main dwelling. 5. There shad be at least three off--street parking spaces on the property to serve the acces- sory and main dwelling units. 6. There shall be no home occupation in the structure. 7. Unless all the people living in both the accessory and main dwelling units are related by blood or marriage, the total number of people living in the two units shall be a maximum of five. Section 6. Section 9.338 of the Eugene Code, 19?1, is hereby amended by relettering subparagraphs ~d} through ~ j } to fie} through Ordinance - 5 l 9035 {k} respectively, and adding a new subparagraph {d} thereto, to read and provide: 9.338 ~d} Cottage units on parcels authorized accord- ing to the procedure, standards, and criteria in Chapter 9 of the Eugene Code, 1971. Section 7. Section 9.352 of the Eugene Cvde, 19?1, is hereby amended by relettering subparagraphs ~d} through {1} to {e} through {m} respectively, and adding a new subparagraph {d} thereto, to read and provide: 9.352 {.d} Cottage units on parcels authorized accord- ing to the procedure, standards, and criteria in Chapter 9 of the Eugene Code, 1971. Section 8. Section 9,366 of the Eugene Code, 1971, is hereby amended by relettering subparagraphs {b} through {h} to ~c} through {i} respectively, and adding a new subparagraph {b} thereto, to read and provide: 9.366 {b} Cottage units on parcels authorized accord- ing to the procedure, standards, and criteria in Chapter 9 of the Eugene Code, 1971. Section 9. Section 9.384 of the Eugene Code, 1971, is hereby amended by relettering subparagraphs ~.e} through {p} to {f} through {q} respectively, and adding a new subparagraph {e} thereto, to read and provide: 9.380 fie} Cottage units on parcels authorized accord- ing to the procedure, standards, and criteria in Chapter 9 of the Eugene Code, 1971. Ordinance ~- 6 19035 Section 10. Section 9.394 of the Eugene Code, 1971, is hereby amended by relettering subparagraphs (.c) through (q) to (d) through fir} respectively, and adding a new subparagraph ~c} thereto, to read and provide: 9.394 ~c} Cottage units on parcels authorized accord- ing to the procedure, standards, and criteria in Chapter 9 of the Eugene Code, 1971. Section 11. Subsection ~.l} of Section 9.54D of the Eugene Code, 1971, is hereby amended to read and provide: 9.54D Front Yards. See Figure 10} {l} Residential: ~a} Except far authorized cottage unit parcels and as otherwise required in section 9.538 for garages and carports, all lots or development sites in AG, RA, R-1, R-2, R-3, R-4, RG and RP districts shall have a front yard of at least 1D feet. That yard shall be landscaped and maintained as prescribed in section 9.544. Section 12 . Subsections ~1 } ~_b } and ~_1 } ~ c } of Section 9.54 2 of the Eugene Code, 1971, are hereby amended to read and provide: 9.542 Interior Yards. ~l} Residential: fib} Except where buildings abut or share a common wall, the owner of a lot or parcel with an interior yard of less than five feet from the adjacent property line must secure and record in the office of the Lane County Recorder a maintenance access easement adjacent to that side of the building. The easement must pro- vide a five foot wide access the entire length of the building and five feet beyond both ends. ~c} Cottage unit parcels shall be subject to the provisions of this section for all yards, including the yard adjacent to the property line separating the cottage unit parcel from the original parent parcel. Section 13. Section 9.548 of the Eugene Cade, 1971, is hereby amended by adding a new subsection fie} thereto, to read and provide: Grdinance -- 7 l 903,5 9.545 ~e~ Cottage unit partitions approved in accord- ance with section 9.060 and other applicable provisions of the Eugene Code, 1971, Section 14. Section 9.562 of the Eugene Code, 1971, is hereby amended to read and provide: 9.562 Public Access Required. Except for cottage unit parcels ...~ -- with alley access as provided for in section 9.060, no building or structure shall be erected or altered except on a lat fronting or abutting on a public street or having access to a public street over a private street or easement of record approved in accordance with provisions contained in the land division ordinance, Section 15 . Subsection ~_a} of Section 9 , 5 S 6 of the Eugene Code, 1971, is hereby amended by renumbering the present subpara-~ graphs 3., 4., 5., 6., and 7. to 5., 6., 7., 8,, and 9. respectively, and adding new subparagraphs 3. and 4., to read and provide: 9.586 ~.a } 3. Dwelling, cottage unit 4. Dwelling, single family with an accessory unit 1 for each cottage dwelling unit 3 for both dwelling units Section 16. 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 effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 25th day of October, 1982 City ecorder Approved by the Mayor this 25th day of October, 1982 a~ of r ~ / Mayor Ordinance -- 8