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HomeMy WebLinkAbout2984 Public Art on Historic Bldgs ORDINANCE NO. aCi 8-` 1 AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE, SITE DESIGN AND USE STANDARDS (SECTION 18.72.030),CONCERNING PUBLIC ART ON HISTORIC STRUCTURE7 scl`hnce/11CM (4) atiri Annotated to show delètiono and additions to the code sections being modified. Deletions are bold and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. - WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Assn of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS the Mayor of the City of Ashland formed a Downtown Task Force to make recommendations to the Ashland Planning Commission and Ashland City Council concerning interalia the relationship of public art to the City sign code and site design review code; and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code at a duly advertised public hearing on February 10, 2009 and following deliberations recommended approval, with modifications, of the amendments to the City Council on February 24, 2009; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 7, 2009; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. Page 1 of 3 SECTION 2. Chapter 18.72.030 of the Ashland Municipal Code [SITE DESIGN REVIEW Applicability] is hereby amended to read as follows: SECTION 18.72.030 Applicability. . • Site design standards shall apply to all zones of the city as outlined below. A. Applicability. The following development is subject to Site Design Review: 1. Commercial, Industrial, Non-Residential and Mixed uses:- a. All new structures, additions or expansions in C-1, E-1, HC and M zones. b. All new non-residential structures.or additions (e.g. public buildings, schools, churches, etc.). . c. Expansion of impervious surface area in excess of 10% of the area of the site or 1,000 square feet, whichever is less. d. Expansion of parking lots, relocation of parking spaces on a site, or other changes which affect circulation. e. Any change of occupancy from a less intensive to a more intensive occupancy, as defined in the City building code, or any change in use which requires a greater number of parking spaces. f. Any change in use of a lot from one general use category to another general use category, e.g., from residential to commercial, as defined b the zoning regulations of this Code. . g. Ariy exterior change to a structure which-requi-res-a-bulkling-permitand is listed on the National Register of Historic Places or to a contributing property within an Historic District on the National Register of Historic Places that requires a building permit, or includes the installation of Public Art. h. Mechanical equipment not otherwise exempt from site design review per Section 18.72.030(B). 2. Residential uses: a. Two or more residential units on a single lot. - b. Construction of attached single-family housing (e.g. town homes, condominiums, row houses, etc.) in all zoning districts. C. Residential development when off-street parking or landscaping, in conjunction with an approved Performance Standards Subdivision required by ordinance and not located within the boundaries of the individual unit parcel (e.g. shared parking). d. Any exterior change to a structure • - • - . ' - . _ . • .•• _ •• . individually listed on the National Register of Historic Places that requires a building permit, or includes the installation of Public Art. e. Mechanical equipment not otherwise exempt from site design review per Section 18.72.030(B). SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. Page 2 of 3 SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions or other actions as required by state law, were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions or applications commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 3-4) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2009, and dul PASSED and ADOPTED this /7 day of 4 _ , 2009. / / /. d / Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of /key , 2009. o n Stromberg, Mayor Reviewed as to form: .l_mdlirAl,. L Richard Appice si ity Attorney Page 3 of 3