Land Use Code Amendments
Accessory Dwellings (City File CA 18-1)
Finalizing Compliance with ORS 197.312(5) for Accessory Dwelling Units (ADUs)
Current Project Status
The City Council is tentatively scheduled to hold a work session and public hearing regarding the finalization of ADU Land Use Code Update on May 12 and May 17, 2021, respectively. Materials regarding the proposed changes are available below.
While this overall process is for a Land Use Code Amendment in response to changes in state law, now codified at ORS 197.312(5), this 2021 public hearing and process is in response to a remand from the Oregon Land Use Board of Appeals (LUBA) in late 2020. For more specific information regarding this process, please see the project history and links below.
The following dates are tentatively scheduled for finalization of compliance with ORS 197.312(5) for ADUs. More information regarding the most recent changes, including the proposed amendments, Agenda Item Summary, and finds will be provided closer to the public hearing date and will be available on this webpage.
- May 12, 2021: City Council Work Session - Watch it here
- May 17, 2021: City Council Public Hearing - Watch it here
- The City Council was scheduled to consider and potentially take action on the proposed ordinance on May 24, 2021. This meeting has been postponed to a later date that will be announced as soon it is confirmed.
Please visit the City Council webpage for the final version of the Agenda Packet for each event and more information about upcoming City Council meetings, available here.
The following proposed draft ordinance is intended to resolve the necessary changes to Eugene's land use code as directed on remand by the Oregon Land Use Board of Appeals to ensure compliance with ORS 197.312(5) for Accessory Dwellings. Below are two versions of the draft ordinance. The first version is a clean, non-highlighted version of the proposed draft ordinance that will be presented to City Council. The second version is a highlighted version of the proposed draft ordinance. This highlighted version of the draft ordinance is intended to be helpful by clearly identifying which amendments are substantive changes from the ordinance that Council adopted in January 2020. Drafts below updated on May 4, 2021 to match what is presented to Council for May 12 Work Session and the May 17 Public Hearing.
* The highlighted sections within this version of the draft ordinance are specific changes that City staff have made to the Council’s 01/21/20 ordinance to address the Oregon Land Use Board of Appeals (LUBA) remand and ensure compliance with state law. Any amendment included in the annotated draft ordinance that is not highlighted is either: (1) an amendment that was included in the City Council’s 01/21/20 ordinance; (2) a purely mechanical change necessitated by the highlighted text (e.g. renumbering); or (3) the addition of an operational clarification to assist a user.
Public Testimony for 2021 Process
The following public testimony has been received regarding the 2021 process:
- Testimony received between January 21, 2020 and May 5, 2021
- Testimony received between May 6, 2021 and May 12, 2021 @ 12:00pm
- Testimony received between May 12, 2021 @ 12:00pm and May 16, 2021
- Testimony received between May 17, 2021 and May 17, 2021 @ 12:00pm
- (Will be updated regularly as new testimony arrives)
2017 - The Oregon Legislature adopted a law, Senate Bill 1051, as part of its efforts to promote housing affordability statewide. Pertinent to this work session is the portion of the 2017 law that addresses “accessory dwelling units.” The 2017 law defines “accessory dwelling unit” as an “interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling.” It requires: “A city with a population greater than 2,500 ... shall allow in areas zoned for detached single-family dwellings the development of at least one accessory dwelling unit for each detached single-family dwelling, subject to reasonable local regulations relating to siting and design.”
2018 - To implement Senate Bill 1051, City Council approved amendments to the land use code related to the allowance of secondary or accessory dwellings on June 11, 2018. Copies of the ordinances are available here and here. In response to appeals, the Oregon Land Use Board of Appeals (LUBA) issued a decision remanding the City Council’s ordinances on November 29, 2018, meaning they are no longer in effect. LUBA’s decision is available here.
2019 - City Council held a work session on February 20, 2019 to begin addressing the remand. Meeting materials and a webcast of the meeting are available here. At the meeting, Council reviewed the accessory dwelling regulations raised in the LUBA appeal to provide an initial determination if they are “reasonable regulations relating to siting and design” consistent with ORS 197.312(5). Council provided direction for staff to return with a proposed ordinance to eliminate some regulations along with findings to justify how the remaining regulations raised in the LUBA appeal are consistent with ORS. A public hearing on a revised ordinance to address the remand was held May 20, 2019. Following the hearing, there were both changes in state law adopted and the issuance of a new LUBA decision on a specific property that affected the City’s proposed ordinance.
In June 2019, the Oregon Legislature adopted House Bill 2001, which clarified that “reasonable regulations relating to siting and design” does not include owner-occupancy requirements of either the primary of accessory structure or requirements to construct additional off-street parking.
2020 - In January 2020, the City adopted an ordinance (No. 20625) intended to bring the City’s land use code into compliance with State and case law related to accessory dwelling units (ADUs). Ordinance No. 20625 is available here and a summary of changes here. The ordinance process was difficult due to some lack of clarity within State’s ADU law requirements. The City’s ordinance was appealed to the Oregon Land Use Board of Appeals (LUBA) by the Homebuilders Association and two groups of individuals.
While the LUBA appeal was underway, the Oregon Court of Appeals issued a decision in a different ADU case for a specific property. The Court of Appeals’ decision interpreted an unclear part of the ADU law mentioned above. The Court’s interpretation, which LUBA is required to apply, made it clear that the City’s ADU ordinance had not fully complied with the ADU law. Based on this, the City conceded that LUBA must remand the City’s ADU ordinance to remove specific ADU regulations from its code. LUBA’s decision providing clear direction on the remaining issues is available here.
2021 – Since the remand and direction from LUBA, City staff have been working diligently to update the previous changes to be consistent with the recent series of decisions and comply with State requirements. This final step in the process will finalize the City’s land use code amendment to be consistent and comply with State requirement and the direction from the appeal processes and decision from the last few years. A summary of the process can be seen here and an updated summary of the proposed amendments can be seen here. These final changes will be presented to the City Council for their consideration at the upcoming work session and hearing. (see documents at the top of this section)
If you have comments, questions, or would like more information about the ADU process, please contact: Jeff Gepper, Senior Planner, JGepper@eugene-or.gov
Digital Sign Code Amendments (City File CA 20-2)
On October 12, 2020, the City Council adopted Ordinance No. 20642 amending the Eugene sign code regulations pertaining to digital signs. The goal of the land use code amendments was to modify existing sign code standards to allow and regulate digital billboards and digital readerboards. The amendments focused on how best to allow conversion of existing billboards to new digital technology with specific standards for maximum size, message change intervals, brightness, location and separation. The amendments also include digital allowances for institutional uses and gas stations and minor changes to the existing sign code suggested by staff to add clarity.
City Council Action - Adoption of Ordinance No. 20642
For more information, contact Mike McKerrow, Associate Planner, at 541-682-5288 or MMckerrow@eugene-or.gov
Expiration Extension for Approved Land Use Applications (City File CA 20-3)
On October 26th, 2020, the City Council unanimously adopted Ordinance No. 20643 to extend the expiration of Type II and Type III land use approvals for three years as an economic recovery tool in response to the negative impacts of the COVID-19 pandemic. This applies to any Type II or Type III land use application that was effective before November 28th, 2020. Visit here for a full list of Type I and Type II applications.
For more information, please contact: Jeff Gepper, Senior Planner, JGepper@eugene-or.gov
The City of Eugene is looking at updating the current bicycle parking standards. The revisions focus on simplifying and improving clarity of standards identified in Eugene’s land use code. For more information, contact Reed Dunbar at 541-682-5727 or RDunbar@eugene-or.gov.