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HomeMy WebLinkAboutORDINANCE NO. 8413ORDINANCE NO. 8113 An O'rdi nance to create or divide the City into di ctr i cts wi th i �, some of which it shal be I awfu I , and wi th i n others of wh i ch i t sha I I be unl awfu i to erect, canstruct, alter or maintain certain buildings, or to carry on certain � . .� tra �:es or ca I � � ngs 3 or within which the height and bulk of future buildings shall be limited, and rovi di n f p g or setback lines, and Providing for a penalty for the violation thereof. THE CITY OF EOCENE DOE; ORDAIN AS FOLLOWS: Section I. That the public interest, health, comfort, convenience preservation of the Public peace, safety, morals , order and the public welfare of the e City of Eugene require that the use of private property shall he regulated ated and �- . D what districts or zones be establ; s6 ed throughout the City wi th . i r, some of which it shall be lawful and in Others unlawful to erect, alter or ma Lain certain b u i l d i n g s , or to carr on c trades or callings, or within which the height and bulk of - future buildings shall b . 9 e � �,�7 tee, and that the that of property may be Controlled and regulated- that therefor - e var i o u 5 part ; of tie C i ty of Eugene be and th are hereby divided into s ing l e .farm I re • y �denr.e districts; multiple fa mi ly resi- dence districts; business districts; limited business dis r' . t acts, light industrial districts; heavy industrial districts. That said classifications are shown and del i Heated on that ce; - ta i n map entitled "Ole Di s' r i ct Map of the City of' Eugene, 9 Oregon," and filed in the .office of the City Recorder and hereby ,optc�d as the official ' . �d zoning and setback map of the said City, and made a part of this ordinance as though full I I q y set out herein. No b u i l d i n g or pre - mi shall be erected other than as he - rein ermi tted P or used for any ' purpo other than a purpose permitted in the use district in which such bui' di n or g premises is lvcdted. . Section 2. SINGLE FAMILY RESIDENCE 61STRICT. In single . fr ml ly residence district no buildings shall be erected other than a building . witi'= its usual accessarics arranged, intended or designated excl fo a single farm ly res idence, and churches, school,,,, fire stations, transformer stations, pun stations - , pal ks , golf courses, boat houses farm- ing and gardening; provided, however, that a or p ti can of such dwelli may be used for dress making or for the office of a physieian, sv'n can dentist, g entist, lawyer, or notary public, or for the studio of an artist, teacher or musician or i the practice of any art or craft of a nature to be conveniently and unobtrusively pursued in a family am ly dwpl I ng. No single family dwelling shall be more than 2-� stories or 35 feet tom' _ n h t f r ire the top of the s i dtwa .[ � to the finished ceiling of the attic. Section 3. (R-2) MUE:IPLE FAMILY RESIDENCE DISTRI 'r a m tlItiPlc' family i`esidE'nr� . district no b u i l d i n g or premises h a l l l be us ed and no bui :din? z,-hall be erected which i s arranged, - intended or designed to be used for a ,� purpose e..- ePt ing on. P use, and a bui for use of more than one fami I with , . . Y its usual accessories arranged, intended or 8413 2 designed for residence purposes and hasps tat s -, educational or philanthropic institutions, fraternities,, tenements, flats,, boarding houses lodging houses, clubs, P partment houses and hotels without stores, assembly halls, churches, public or private sh :cools, mortuaries sanitarium, private hospitals, or other institutions for the tweatment of disease. Section 4. (3 -1) BUSINESS DISTRICTS. Business districts are hereby established as shown on the attached map and b u i l d i n g s may he E rected and used therein for the conduct f a any general b:is i ness , except that no bui i di ng or premises shall be used and no bui lding shall be erec J. whi is arranged, intended or designated to be used for dny of the s P ec i -- f ied trades, i ridus tri es or uses f o l l o w i n g , to a. All grades, ; ndustri es or uses shown 1-1 and 1-2. b. 1. Bakery with no retail. 2 . Produce hoes,!. 3. Seed and feec establishments usi blowers, fans or mixing w!ach i nes . 4. cleaning es tabl i sh;t:ents . 5. Marble works or stone yards. 6. Blacksmith or horseshoes ng shop. 7. Bottling works. 8. Building mfiter ; al storage yard. 9. Carting express, hauling or storage yard. 10, Coal, coke, sawdust, hcgfuel or woodyard. 11. Cooper age works. 12. Ice plant or storage house of more th S tons ca -.i ty. 13. Laundry. 14. Livery stable. 15. Machine shop ana- tin shop. 16. Milk distributing station. 17. Poultry killing establishment . 18. Storage warehouse. 19. Any kind of manufacture or treatment other than the manufac :ure or treatment of products clearly i ncidental to the conduct of a retail business conducted on the premises. 20. Lumber yards. No business trade or indistry shall tic uk rm-I tted in any of said districts •,•ihich f iS of,e i ve or obnoyi ous by the emissi of odor, du: s "110ke gas, vibration 9 ar noise, and no building or structure shall be erected, altered or mainta'ined in a business district , r �. h i c h shall in height from the top of the sidewalk to the finished cei l i n line ❑ � • l -3 . 9 the bui � ,�� no be cheater trfan ilk times t he width of the narrowest adjoini stre�..st ad join .+ . . Secti 5. L IM) : 7D BUSINESS DISTRICT. Where is hereby estabi i shad in tre City of C1igenr,A what is Known 's imited business di stricts which sha hn l= nitea b a ll ❑ h� y t c limitations �f a 8-1 bt. s- on4iss district, and �sharl l also b, l imit ed as to all of the b i i re st . .-11 u � d .r g Of 'the district by which it, is surrounded, Secti 6. i i -2) LIGHT INOUSTRIhi.. DISTRICTS. There is he reby stoblie.h . s y ed � n the City ❑ Eugene what shall be known as light industrial district, in � i �hc . h no ' b u i l d i n g or premises sha be used and no building shall be erected whic�a is arranged, in tended or des t F geed to be used for any of the sp trades , industries or cases fol ' � i + o.=.ng, 8413 abhatoi r acetylene gas manufactu re ar. i (I fil-In II F;I( I I I V alflun i o ! each i ng powder or c h l o r i n e Ilia Clu t L ure arsenal asphalt manufacture, refining or paving mixing plants blast furnaces boiler works brick, t i l e or terra cotta manufacture candle manufacture celluloid manufacture coke oven, crematory cat and dog hospital creosote treatment or manufacture disinfectants manufacture distillation of bones, coal or wood dyestuff manufacture exterminator and insect poison manufacture emery cloth and sand paper manufacture fat rendering fertilizer manufacture fish smoking or curing forage plait gas (i or heating) manufacture glue, s i z e or gel atine manufacture gunpowder manufacture or storage fireworks or explosive manufacture or storage incineration or reduction of garbage, dead animals, offal or refuse iror., steel, ;grass or copper mills, lamp black manufacture mills, alfalfa oi or linoleum manufacture preparation or treatment of oiled rubber or leather goods: in their raw state ore production paint, shellac, oil, turpenti or varnish manufacture paper and pulp manufacture petroleum storage and refining plating works auto wrec k i ng Ja rds printing ink manufacture pyroxl in manufacture quarry round house rock crush+. v rolling mill rubber or gutta percha manufacture or treatment salt works sauerkraut manufacture sausage manufacture if any killing of animals is done on the premises shoe bl acking manufacture smelters soap manufacture soda and compuund manufacture stockyards storage of bailing of scrap paper, it- bottles.. rags or junk stove polish manufacture sulphuric, ' nitric or hydrochloride acid manufacture tal low, grc�se or lard manufacture or rtbfi ni nq ' tanning, curing or storage - of leather, rawhide or skins tar di manufacture or paving mi xing tar roofing or wat ar proo fing manufacture to'accfl ' chewing) manufac -ure or treatment veterinary hospitals Wool pulling or scouring Yeast plant saw mills v i n0ga r Ma 8413 And in general those uses which have been declared a nuisance in any court or r :cord, or which may be obnoxious., or offensive by reason of the emission of odor, dust, smoke, gas, or noise, provided however, nothing herein shall be constr to prohibit the Erection. or maintenance of an industrial use permitted by this section which, shall have not more than 25% of the floor area devoted to a prohibited use which is clearly and customarily incidental to the primary use. Section 7. 11 Hi7AVY INDUSTRIAL DISTRICTS. There is hereby established in the City of Eugene what is known as heavy industrial districts from which nothing is excluded which is not cons' .dered a ' m .enace to health, or obnoxi or injurious to the pUb l i c welfare. Section 8. ExISTIM13' BUILDI1 AND PREMISES. Any lawful use existing in any building, structure or premises at the time of the passage of this ordinance may be co ntinued therein, although not conforming to the district* in which ii: is mai ntaired ; provided. that in case a business or industry is being maintained in a residence district at the time of the e assa'• p f of this ordinance, the building, structure or premises in or upon which it is maintained shall not be enlarged in _height or bulk or reconstructed of more permanent fnatc-ri a? . Section g. REVERSION OR EXCEPTION. In case a building or st-uc:ture on any premises which is bounded on three or more Sides by a different use district shall be razed or re -- moved or be more than 50% burned , ' destroyed or deteriora then, a r.d without furthor action by the Council , such premises shall be atitomat.ically reclassified without notice as a di .c.tri ct of the same class to which i t had previously formed n � reviou R y a except : on , and t'liereafter � such premises shall be sub�pct to all the restrictions of such new classification. For the purposes of ascertaining. the kind of districts by whi such a building, structure or premises is bounded any intervening s treets or alleys shall be disregarded. Section to . PRIVATE GARAGE AND OTHER OUTBUILDINGS . Customary outbuildings such as private garages or other customary subordi buildings may be erec ted. altered (or ma n- ta i ned as accessories to any main bu i dl i ng , provided their use i s incidental to the use of _ e� such main bui l d i , ig and they are situated on the same 'lot or Dar f . cel o rand a s the mai n building. Section I1 • BOARD .OF APPEALS AND ADdUSTME.NITS. The Board of Appeals heretofore ap i ointe and established inder the Buil ding Code of tick. City of Eugene -I IS hereby appai nted and esta- blished as the B -)arii of tipppal - tr. hear all applications for reclassification of a buf r d- ing premises or structure in dn-y Of the classifications hereir, set :gut. A ny erson desir -* , y n a reclassification of any premise -, building or structure shal make wri teen app l a ca t � nr t o the Boa rd of Appeals and the fta r of Appea shall thereupon f i v , a i r;4 an l d :_* -P and Ora hearing of said appl i catioh and post notices thereof upon the bulletin board � �, , � , a t _ 1 t,Y Hall , whi C riot i c(� shat l give the name of the avDl i cant . the des r = i r c 4t oxi o the property sought to be recla3sified dnd the time a.nd' plar.e cif hearin g. and shall direct all person =, des iring to be. he - rid to present thornsel vex at the said hearing: The bt f -i rd o Appea I s 5413 6 hereby given full. authority to fix the form of procedure and time to be giver, to the heari nc, of applications for reclassification. The Board of Appeals shall report to the Council their recommendation that the recl assi f cation be made or that it be not made, and the Council shall thereupon either ratify or refuse the decision of the Board of Appeals, and the a UP li - cant nay, i f' desired, be heard before the Counci Section 12. YARD AREAS FOR RESIDENCE DISTRICTS. Al bui ldings and structures shall be construed upon their respective lots - i n conformity with the provisions of the Building Code of the Cl ty of Eugene. Section 13. 5ET BACK LINES. Set back lines are hereby established in conformity with the Use District Map of the City of Eugene, Oregon, attached hereto and ;bade a part hereof, - and no building or structure shall be permitted nearer to a street or alley than delineated upon said Use Map, provided that the Common Counci may upon apps icati or, of a property owner by spec ordinan change or alter the set back line as to a particular property. Section 14. BUILDING PERMITS, No building permits shall be issued by the Builain 9 In- specto r of the City of Eugene for the erection or alteration of any building or structure contrary to the provisions [ + f this ordi nan�:e . Each application for a building permit here- after filed with. the Building Inspector shall be accompanied by a statement as to the use, i height and area of the bui a pp l ied for, on a bl ank to be furnished by the buil � Inspector on which shall also be shown an accurate block plan of the location of the build- ing ot the lots, drawn to scale. Section 15. DESCRIPTION OF LOTS. In any proceeding for changing a di strict or a class- ification, a - l ot or parcel of land may be descri by specifying the exteri boundaries thereof, or by giving the lot and block numbers according to the official reap eof on file in the office' of the County Recorder, or by any other method which will clearly indi- ca the property intended to be changed. The word "property" herein used sha be deemed to mean real property or lands together with any improvement thereon. Section 16. P UBLIC BUILDINGS. Public buildings may be l ocated wherever the C i t y Count. i i shall determine. Section 17. ADMINI STRATION. For then purpose of proper administration of this Ordinance the Bui l di nc; I nspector of the City of Eugene shall be deemed and be the admi n i st►� ative officer and shall in the first instance construe and enforce the same. Section 15. CLASS IrICATION . The application of the language of this ordinance to the uses set out therein, and the practical classification thereunder sha in the first instance be in the Building Inspector, who shall d etermine in she first instance the clasr, 8413 f ification under the terms of the ordinance. Any person aggreived by such classification may apply in writing to the Board of Appeals by depositing with the Board of Appeals and with the B u i l d i n g Inspector such application, and the Board of Appea : s shall thereupon notify such applicant that he will be heard at a time suited to their conver once but not to exceed 10 days from date of app{ l i ca on ) and shal notify the Bui 1 di nq Inspector to be present, and the c l a s s i f i c a t i o n thereupon adopted by the Board of Appeals ;hall constitute the classification to which the bui 'ding or business shall be subjected. Section 19. SIGNS. No sign :anal 1 be permitted in a single family residence district or in a multiple faro 1 y residence d i s tri l. other than for V uses permitted in such districts, and for sale and for rent s igns, and no sign of any character shall exceed 2 ` x2' in area in such districts. Section 20. PENALTY. Any person, firm or corporation vi any of the provisions of this ordinance shall upon conviction thereof be punished by a fine of not more than $200 .00 and in default of payment thereof, by imprisonment, for one day for each $2.00 of such fine unpaid. Each such person., firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by such person,, firm or corporation, and shall be punished accordingly. Sect 3 on 21. If any section, subsection, sentence, clause or phrase- of this ordinance is for any reason held - to be unconsti tuti ona l , such holding shall not affect the validity of the remaining- portions of the ordi naoce. The City Cortnci 1 hereby declares that it would have passed this ordinance and each section, subsection, sentence. �:l ause .) sentences., clauses or phrases i rrespective of any portion declared unconstitutional. Section 22. All ordinances and parts of ordi nani- - ps in conflict herPw =;tip are her• .b Y repea Passed by the Common Council 1 this 8th day of Apri 1 7 1935 07, T y �� � A Approved by the M ayo; this 9th dad{ of Apr i i . X93 MA YOR `