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Home My WebLink About3036 Amending AMC for 18.53 Croman MillORDINANCE NO. AN ORDINANCE AMENDING AMC 18.08.190, 18.08.341918.08.342, 18.08.343918.08.845, 18.12.0209 18.61.0429,18.68.0209,18.68.050918.72.0309 18.72.1103,18.72.120,18.72.1409 18.72.1809 18.84.1009 18.88.070, 18.88.080, d�° 18.92.020,18.96.090918.104.020,18.106.030,18.108.017)(OF THE ASHLAND jS'• i MUNICIPAL CODE AND LAND USE ORDINANCE FOR C NSISTENCY WITH NEW CHAPTER 18.53 CROMAN MILL lU" 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 Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland Planning Commission considered the above -referenced recommended amendments to the Ashland Municipal Code and Land Use Ordinances at a duly advertised public hearing on January 12, 2010 and subsequent public hearing continuance dates, and on February 23, 2010, following deliberations, recommended approval of the amendments by a vote of 6-2; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above -referenced amendments on April 6, 2010 and on subsequent public hearing continuance dates; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; 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 Municipal Code and 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. Page 1 of 17 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. SECTION 2. AMC Chapter 18.08.190 [Definitions - District] is hereby amended to add the a new subsection to read as follows: 18.08.190 District. A zoning district. A. "R" district indicates any residential zoning district. B. "C" district indicates any commercial zoning district. C. "M" district indicates any industrial zoning district. D. "A" district indicates any airport overlay district. E. "CM" District indicates any Croman Mill Plan zoning district SECTION 3. AMC Chapter 18.08 [Definitions] is hereby amended to add the following new definitions in alphabetical order, with subsequent sections renumbered and re -lettered to read as follows: 18.08.341 LEED® Accredited Professional. A person who has earned a credential as a Leadership in Enemy and Environmental Design (LEED®) Accredited Professional from the U.S. Green Building Council, or Green Building Certification Institute, in accordance with their standards and requirements. 18.08.342 LEED® certification. A building registered with the U.S. Green Building Council which has satisfied all Prerequisites and has earned a minimum number of points outlined in the Leadership in Energy and Environmental Design (LEED®) Rating System under which it is registered. Levels of certification include Certified, Silver, Gold and Platinum. 18.08.343 LEED® Green Building Rating System" or "LEED® Rating System. The most recently published version of the -Leadership in Energy and Environmental Design (LEED®) Green Building Rating Systems by the U.S. Green Building Council, or the version to be superseded for one year after the publication of a new applicable LEED® Rating System version. 18.08.845 Water Budget The amount of water a landscape needs taking into account the inputs and outputs of water to and from the root zone. Inputs, such as precipitation, are subtracted from outputs, such as evapotranspiration, to calculate the water needs of the landscape. SECTION 4. AMC Chapter 18.12.020 [Classification of Districts] is hereby amended to read as follows: Page 2 of 17 18.12.020 Classification of Districts. For the purpose of this Title, the City is divided into zoning districts designated as follows: i3 -d } ^ .„.n t "�- .t ZonmgDistnctesand Overlays ` rr .......... rn r' h ap ym T , M S bol and ��;;,_� Him-lAbbrev�tated Desi taf1 Airport Overlay A Residential - Rural RR ' Residential - Single Family R-1 Residential - Low Density Multiple Family R-2 Residential - High Density Multiple Family R-3 Commercial C-1 Commercial - Downtown C-1-13 Employment E-1 Industrial M-1 Woodland Residential WR SOU - Southern Oregon University SOU Performance Standards (P) - Overlay P Detail Site Review Zone DSR Health Care Services Zone HC North Mountain Neighborhood NM Croman Mill District Zone CM Residential Overlay R Freeway Sign Overlay F SECTION 5. AMC Section 18.61.042. D. [Tree Preservation and Protection — Approval and Permit Required — Tree Removal Permit] is hereby amended to read as follows: 18.61 Tree Preservation and Protection 18.61.042 Approval and Permit Required D. Tree Removal Permit: 1. Tree Removal- Permits are required for the following activities: a. Removal of trees greater than 6" DBH on any private lands zoned C-1, E-1, M-1, CM ,or HC. b. Removal of trees greater than 6" DBH on multi -family residentially zoned lots (R-2, R-3, and R-1-3.5) not occupied solely by a single family detached dwelling. c. Removal of significant trees on vacant property zoned for residential purposes including but not limited to R-1, RR, WR, and NM zones. d. Removal of significant trees on Iands zoned SOU, on lands under the control of the Ashland School District, or on lands under the control of the City of Ashland. 2. Applications for Tree Removal - Permits shall be reviewed and approved by the Staff Advisor pursuant to AMC 18.61.080 (Approval Criteria) and 18.108.040 (Type Procedure). If the tree removal is part of another planning action involving development activities, the Page 3 of 17 tree removal application, if timely filed, shall be processed concurrently with the other planning action. SECTION 6. AMC Section 18.68.020 [General Regulations — Vision Clearance Areas] is hereby amended to read as follows: 18.68 General Regulations 18.68.020 Vision Clearance Area. Vision clearance areas shall be provided with the following distances establishing the size of the vision clearance area: A. In any R district, the minimum distance shall be twenty-five (25) feet or, at intersections including an alley, ten (10) feet. B. In all other districts except the C-1af�d-E-1, and CM, the minimum distance shall be fifteen (15) feet or, at intersections, including an alley, ten (10) feet. When the angle of intersection between streets, other than an alley, is less than thirty (30) degrees, the distance shall be twenty-five (25) feet. C. The vision clearance area shall contain no plantings, fences, walls, structures, or temporary or permanent obstructions exceeding two and one-half (2 ''/z) feet in height, measured from the top of the curb, except that street trees exceeding this height may be Iocated in this area, provided all branches and foliage are removed to a height of eight (8) feet above the grade. D. The vision clearance standards established by this section are not subject to the Variance section of this title. (Ord. 2605, S1, 1990) SECTION 7. AMC Section 18.68.050 [General Regulations — Arterial Street Setback Requirements] is hereby amended to read as follows: 18.68 General Regulations 18.68.050 Arterial Street Setback Requirements. To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width, to protect arterial streets, and to permit the eventual widening of hereinafter named streets, every yard abutting a street, or portion thereof, shall be measured from the special base line setbacks listed below instead of the lot line separating the lot from the street. Street Setback East Main Street, between City limits and Lithia Way 35 feet Ashland Street (Highway 66) between 65 feet City limits and Siskiyou Boulevard Also, front yards for properties abutting all arterial streets shall be no less than twenty (20) feet, with the exception of the CM and C-1-D districts, and propertie's abutting Lithia Way in the C-1 district. Page 4 of 17 SECTION 8. AMC Section 18.72.030 [Site Design and Use Standards — Applicability] is hereby amended to read as follows: 18.72 Site Design and Use Standards 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, CM, and M-1 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. Any exterior change to a structure which 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 9. AMC Section 18.72.110 [Site Design and Use Standards —Landscaping Standards] is hereby amended to read as follows: 18.72 Site Design and Use Standards Page 5 of 17 18.72.110 Landscaping Standards. A. Area Required. The following areas shall be required to be landscaped in the following zones: _.. _._.... ........ -- R-1 - ............................. ...... ........................... ......... _.............. ..... .................. ......._...............................................-.............._..-.-.._. 45% of total developed loot area R-2 - 35% of total developed lot area R-3 - 25% of total developed lot area . C-1 - 15% of total developed lot area C-1-D - None, except parking areas and service stations shall meet the landscaping and screening standards in Section II.D. of the Site Design and Use Standards. E-1 - 15% of total developed lot area M-1 - _ 10% of total developed lot area CM -NC - 15% of total developed lot area CM -OE 1 -__15% of total developed lot area CM -CI - _,.-._;._....._ CM -MU - 10% of total developed lot area .................. . .................... -------------- ------ ------------------------ _15% of total develo ed lot area SECTION 10. AMC Section 18.72.120 [Site Design and Use Standards —Controlled Access] is hereby amended to read as follows: 18.72.120 Controlled access. A. Any partitioning or subdivision of property located in an R-2, R-3, C-1, E-1 CM, or M-1 zone shall meet the controlled access standards set forth in below. If applicable, cross access easements shall be required so that access to all properties created by the land division can be made from one or more points. B. Street and driveway access points in an R-2, R-3, C-1, E-1, or M-1 zone shall be limited to the following: 1. Distance between driveways. On arterial streets - 100 feet; on collector streets - 75 feet; on residential streets - 50 feet. 2. Distance from intersections. On arterial streets - 100 feet; on collector streets - 50 feet; on residential streets - 35 feet. C. Street and driveway access points in the CM zone are subject to the requirements of the of Croman Mill District Standards. Page 6 of 17 CD. Access Requirements for Multi -family Developments. 1. All multi -family developments which will have automobile trip generation in excess of 250 vehicle trips per day shall provide at least two driveway access points to the development. Trip generation shall be determined by the methods established by the Institute of Transportation Engineers. 2. Creating an obstructed street, as defined in 18.88.020.G, is prohibited. SECTION 11. AMC Section 18.72.140 [Site Design and Use Standards— Light and Glare Performance Standards] is hereby amended to read as follows: 18.72.140 Light and Glare Performance Standards. - There shall be no direct illumination of any residential zone from a lighting standard in any other residential lot, C-1, E-1 or M-1, SO, CM or HC lot. SECTION 12. AMC Section 18.72.180 D.[Site Design and Use Standards — Development Standards for Wireless Communication Facilities] is hereby amended to read as follows: 18.72.180 Development Standards for Wireless Communication Facilities D. All installation of wireless communication systems shall be subject to the requirements of this section in addition to all applicable Site Design and Use Standards and are subject to the following approval process: Zoning Designations Attached to Existing Structures Alternative Structures Freestanding Support Structures Residential Zones(i)CUP Prohibited Prohibited C-1 CUP CUP Prohibited C-1-D (Downtown) CUP Prohibited Prohibited C-1 - Freeway overlay Site Review Site Review CUP E-1 Site Review Site Review CUP M-1 Site Review Site Review CUP SOU Site Review CUP CUP NM (North Mountain) Prohibited Prohibited Prohibited Historic District CUP Prohibited Prohibited A-1 (Airport Overlay) CUP CUP CUP HC (Health Care) CUP Prohibited Prohibited CM -NC CUP CUP CUP CM -OE Site Review Site Review CUP CM -CI Site Review Site Review CUP CM -MU CUP CUP CUP CM -OS Prohibited Prohibited Prohibited Page 7 of 17 SECTION 13. AMC Section 18,84.100 [Manufactured Housing Developments— Special Conditions] is hereby amended to read as follows: 18.84 Manufactured Housing Developments 18.84.100 Special Conditions. A. For the mitigation of adverse impacts, the City may impose conditions. Restrictions may include, but are not limited to, the following: 1. Require view -obscuring shrubbery, walls or fences. 2. Require retention of specified trees, rocks, water ponds or courses, or other natural features. B. No manufactured housing developments may be located within the Ashland Historic District. C. No manufactured housing developments may be located, relocated, or increased in size or number of units, within any zones designated for commercial use -- C-1, C-1-D, E-1, CM or M-1. SECTION 14. AMC Section 18.88.070 [Performance Standards Options — Setbacks] is hereby amended to read as follows: 18.88 Performance Standards Options 18.88.070 Setbacks. A. Front yard setbacks shall follow the requirements of the underlying district. B. Setbacks along the perimeter of the development shall have the same setbacks as required in the parent zone. C. Maximum heights shall be the same as required in the parent zone. D. One-half of the building height at the wall closest to the adjacent building shall be required as the minimum width between buildings, except within non-residential zoning districts including C-1, C-1-D, E-1, CM, and M-1. E. Solar Access Setback. Solar access shall be provided as required in Section 48.68 18.70 except within the C-1-D and CM zoning districts. F. Any single-family structure not shown on the plan must meet the setback requirements established in the building envelope on the outline plan. SECTION 15. AMC Section 18.88.080 [Performance Standards Options — P-Overlay Zone] is hereby amended to read as follows: 18.88 Performance Standards Options 18.88.080 P-Overlay Zone. A. The purpose of the P-overlay zone is to distinguish between those areas which have been largely developed under the subdivision code, and those areas which, due to the undeveloped Page 8 of 17 nature of the property, topography, vegetation, or natural hazards, are more suitable for development under Performance Standards. B. All developments, other than partitionings, which involve the division of land, or development of individual living units, in the P-overlay areas, shall be processed under this Chapter of the Land Use Ordinance. The minimum number of dwelling units for a Performance Standards Subdivision within residential zoning districts shall be three. C. In a P-overlay area, the granting of the application shall be considered an outright permitted use, subject to review by the Commission for compliance with the standards set forth in this Ordinance and the guidelines adopted by the Council. D. If a parcel is not in a P-overlay area, then development under this Chapter may only be approved if one or more of the following conditions exist: 1. The parcel is larger than two acres and is greater than 200 feet in average width; or 2. That development under this Chapter is necessary to protect the environment and the neighborhood from degradation which would occur from development to the maximum density allowed under subdivision standards, or would be equal in its aesthetic and environmental impact; or 3. The property is zoned R-2, er R-3, or CM. SECTION 16. AMC Section 18.92.020.B. [Off -Street Parking — Automobile Parking Spaces Required- Commercial Uses] is hereby amended to read as follows: 18.92 Off -Street Parking 18.92,020 Automobile Parking Spaces Required B. Commercial Uses. For commercial uses the following automobile parking spaces are required. 1. Auto, boat or trailer sales, retail nurseries and other open -space uses. One space per 1,000 square feet of the first 10,000 square feet of gross land area; plus one space per 5,000 square feet for the excess over 10,000 square feet of gross land area; and one per two employees. 2. Bowling Alleys. Three spaces per alley, plus additional spaces for auxiliary activities set forth in this section. 3. Business, general retail, person services. General - one space for 350 square feet of gross floor area. Furniture and appliances - one space per 750 square feet of gross floor area. 4. Chapels and mortuaries. One space per four fixed seats in the main chapel. 5. Offices. Medical and dental - one space per 350 square feet of gross floor area. General - one space per-�450 500 square feet of gross floor area. 6. Restaurants, bars, ice cream parlors and similar uses. One space per four seats or one space per 100 sq. ft. of gross leasable floor area, whichever is less. 7. Skating rinks. Page 9 of 17 One space per 350 sq. ft. of gross building area. 8. Theaters, auditoriums, stadiums, gymnasiums and similar uses. One space per four seats. SECTION 17. AMC Section 18.92.020.C. [Off -Street Parking — Automobile Parking Spaces Required- Industrial Uses] is hereby amended to read as follows: 18.92 Off -Street Parking 18.92.020 Automobile Parking Spaces Required C. Industrial Uses. For industrial uses the following automobile parking spaces are required. I. s-i e One o r- two a . levees ox_the 'RFgest Shift Or f each '700 o e_f t of gross vu�, o�swc�.—��ce�--c�-�vz "� floor- aefl' whieheyer- is less' ., plusspnee ehiele per. 2—Industrial and Warehousing uses. One space per 1,000 square feet of gross floor area or for each two employees, whichever is gfeater less, plus one space per company vehicle. 3.2. Public utilities (gas, water, telephone, etc.), not including business offices. One space per two employees on the largest shift, plus one space per company vehicle; a minimum of two spaces is required. SECTION 18. AMC Section 18.96.090. [Sign Regulations— Commercial, Industrial and Employment Districts] is hereby amended to read as follows: 18.96 Sign Regulations 18.96.090 Commercial, Industrial and Employment Districts. Signs in commercial, industrial, -€employment, and Croman Mill districts, excepting the Downtown -Commercial Overlay District and the Freeway Overlay District, shall conform to the following regulations: A. Special Provisions. 1. Frontage. The number and use of signs allowed by virtue of a given business frontage shall be placed only upon such business frontage. 2. Aggregate number of saris. The aggregate number of signs for each business shall be two signs for each business frontage. 3. Aggregate area of signs. The aggregate area of all signs established by and located on a given street frontage, shall not exceed an area equal to one square foot of sign area for each lineal foot of street frontage. Aggregate area shall not include nameplates, and temporary real estate and construction signs. Page 10 of 17 B. Types of Signs Permitted. 1. Wall Signs. a. Number. Two signs per building frontage shall be permitted for each business, or one sign per frontage for a group of businesses occupying a single common space or suite. b. Area. Buildings with two or fewer business frontages shall be permitted one square foot of sign area for each lineal foot of business frontage. For the third and subsequent business frontages on a single building, the business shall be permitted one square foot of sign area for every two lineal feet of business frontage. The maximum sign area on any single business frontage shall not exceed sixty (60) square feet. Business frontages of three or more, on a single building, shall comply with the following criteria established within the City' s Site Design and Use Standards: i. A pedestrian entrance designed to be attractive and functional, and open to the public during all business hours ii. The pedestrian entrance shall be accessed from a walkway connected to a public sidewalk. c. Projection. Except for marquee or awning signs, a projecting sign may project a maximum of two feet from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. Any portion lower than eight feet can only project four inches. d. Extension above roof line. Signs may not project above the roof or cave line of the building. 2. Ground Signs. a. Number_ One sign shall be permitted for each lot with a street frontage in excess of fifty lineal feet. Corner lots can count both street frontages in determining the lineal feet of the street frontage but only one ground sign is permitted on corner lots. Two or more parcels of less than fifty feet may be combined for purposes of meeting the foregoing standard. b. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of sixty square feet per sign. Page 11 of 17 c. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Signs on corner properties shall also comply with the vision clearance provisions of Section 18.96.060(F). d. Height. No ground sign shall be in excess of five feet above grade. 3. Awning or Marquee Signs. a. Number. Two signs shall be permitted for each business frontage in lieu of wall signs. b. Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign. c. Projection. Signs may not project beyond the face of the marquee if suspended, or above or below the face of the marquee if attached to and parallel to the face of the marquee. d. Height. Signs shall have a maximum face height of nine inches if attached to the marquee. e. Clearance above grade. The lowest portion of a sign attached to a marquee shall not be less than seven feet, six inches above grade. f. Signs painted on a marquee. Signs can be painted on the marquee in lieu of wall sign provided the signs do not exceed the permitted aggregate sign area not taken up by wall signs. 4. Portable Business Signs a. Number. One portable business sign, limited to sandwich boards, pedestal signs, ` A' frame signs, flags, and wind signs, shall be allowed on each lot excepting that buildings, businesses, shopping centers, and business complexes with permanent ground signs shall not be permitted to have portable signs. b. Area. Sign area shall be deducted from the aggregate sign allowed for exempt incidental signs established in 18.96.030(H). Signs shall not exceed an area of four (4) square feet per face including any border or trim, and there shall be no more than two (2) faces. c. Height. Sandwich board signs and ` A' frame signs shall not extend more than three (3) feet above the ground on which it is placed. Pedestal signs shall not extend more than four (4) feet above the ground on which it Page 12 of 17 is placed. A freestanding wind sign shall not extend more than five (5) feet above the ground on which it is placed. d. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Portable signs shall be located within ten feet of the business entrance and shall not be placed on public right-of-way. No portable business sign shall be constructed and placed so as to interfere with pedestrian ingress and egress as regulated within the Ashland Municipal Code. e. General Limitations. Signs shall be anchored, supported, or designed as to prevent tipping over, which reasonably prevents the possibility of signs becoming hazards to public health and safety. Signs shall not be constructed of plastic, illuminated or contain any electrical component. No objects shall be attached to a portable sign such as but not limited to balloons, banners, merchandise, and electrical devices. Portable business signs shall be removed at the daily close of business. These signs are prohibited while the business is closed. 5. Three -Dimensional Signs. a. Number. One three-dimensional sign shall be permitted for each lot in lieu of one three square foot incidental sign otherwise allowed per 18.96.030H. b. Surface Area. Flat surfaces in excess of two square feet shall count toward the total aggregate sign area per 18.96.090(A) 4. c. Placement. The three-dimensional sign shall be located so that no sign or portion thereof is within a public pedestrian easement or extends beyond any property line of the premises'on which such sign is located into the public right-of-way unless the sign is attached to the face of the building and located eight feet above grade, or the sign is attached to a marquee with the lowest portion of the sign not less than seven feet, six inches above grade not projecting beyond, or above, the face of the marquee. d. Dimensions. No three-dimensional sign shall have a height, width, or depth in excess of three feet. e. Volume. The volume of the three-dimensional sign shall be calculated as the entire volume within a rectangular cube enclosing the extreme limits of all parts of the sign and shall not exceed three (3) cubic feet. For the purposes of calculating volume the minimum dimension for height, width, or depth shall be considered one foot. Page 13 of 17 f. Materials. The three-dimensional signs shall be constructed of metal, wood, bronze, concrete, stone, glass, clay, fiberglass, or other durable material, all of which are treated to prevent corrosion or reflective glare. Three dimensional signs shall not be constructed of plastic. Three dimensional signs shall not be internally illuminated or contain any electrical component. SECTION 19. AMC Section 18.104.020. [Conditional Use Permits —Definitions] is hereby amended to read as follows: 18.104 Conditional Use Permits 18.104.20 Definitions. The following are definitions for use in this chapter. A. "Impact Area" - That area which is immediately surrounding a use, and which may be impacted by it. All land which is within the applicable notice area for a use is included in the impact area. In addition, any lot beyond the notice area, if the hearing authority finds that it may be materially affected by the proposed use, is also included in the impact area. B. "Target Use" - The basic permitted use in the zone, as defined below. '. W (WoodlikilResidential) and RR (Rural Residential) zonesi I. WRAWoodland Residential) and RR (Rural Residential) zones: Residential use complying with all ordinance requirements, developed at the density permitted by Section 18.88.040. 2. R-1 (Single Family Residential) zones: Residential use complying with all ordinance requirements, developed at the density permitted by Section 18.88.040. 3. R-2 and R-3 Zones: Residential use complying with all ordinance requirements, developed at the density permitted by the zone. 4. C-1. The general retail commercial uses listed in 18.32.020 B., developed at an intensity of .35 gross floor to area ratio, complying with all ordinance requirements. 5. C-113: The general retail commercial uses listed in 18.32.020 B., developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. 6. E-1. The general office uses listed in 18.40.020 A., developed at an intensity of .35 gross floor to area ratio, complying with all ordinance requirements. 7. M-1. The general light industrial uses listed in 18.40.020 E., complying with all ordinance requirements. 8. SO. Educational uses at the college level, complying.with all ordinance requirements. 9. CM -CI. The general light industrial uses listed in 18.53.050 A., developed at an intensity of .50 gross floor to area ratio, complying with all ordinance requirements. 10. CM -OE. The Qeneral office uses listed in 18.53.050 A., developed at an intensity of .60 gross floor to area, complying with all ordinance requirements. 11. CM -MU. The general office uses listed in 18.53.050 A., developed at an intensity of .60 gross floor to area, complying with all ordinance requirements. Page 14 of 17 12. CM -NC. The retail commercial uses listed in 18.53.050 A. develo ed at an intensity of .60 gross floor to area ratio complying with all ordinance requirements. SECTION 20. AMC Section 18.106.030.H. [Annexations — Approval Standards] is hereby amended to read as follows: 18.106 Annexations 18.106.030 Approval Standards H. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopabie land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned CM, E-1 or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. SECTION 21. AMC Section 18.108.017.C. [Procedures —Applications] is hereby added to read as follows: 18.108 Procedures 18.108.017 Applications C. Priority planning action processing for LEEDO certified buildings. 1. New buildings and existing buildings whose repair, alteration or rehabilitation costs exceed fifty percent of their replacement costs that will be pursuin certification under the Leadership in Energy and Environmental Design Green Page 15 of 17 Building Rating System (LEED®) of the United States Green Building Council shall received top priority in the processing of planning actions. 2. Applicants wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps in the working towards LEED® certification. a. Hiring and retaining a LEED® Accredited Professional as part of the protect team throughout design and construction of the project. b. The LEED® checklist indicating the credits that will be pursued. SECTION 22. AMC Section 18.108.040.A. [Procedures — Type I Procedure] is hereby added to read as follows: 18.108.040 Type I Procedure. A. Actions Included. The following planning actions shall be subject to the Type I Procedure: 1. Site Design Review. The following developments that are subject to the Site Design Review Standards outlined in 18.72 shall follow the Type I permit procedures. a. Downtown Design Standards Zone. Any development which is less than 2,500 square feet or ten percent of the building's square footage, whichever is less. b. Detail Site Review. Any development in the Detail Site Review Zone, as defined in the Site Review Standards adopted pursuant Chapter 18.72, which is less than 10,000 square feet in gross floor area. c. Commercial, Industrial and Non-residential Uses i. All new structures, additions or expansions in C-1, E-1, HC and M zones, not within the Downtown Design Standards zone, that do not require new building area in excess of 20% of an existing building' s square footage or 10,000 square feet of gross floor area, whichever is less. ii. All new structures or additions less than 15,000 square feet of gross floor area in the CM zoning district. ii_i. Expansion of impervious surface area in excess of 10% of the area of the site or 1,000 square feet, whichever is less iiiiv.Expansion of parking lots, relocation of parking spaces on a site, or other changes which alters circulation affecting adjacent property or public right-of-way. ivy. 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. A. 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 by the zoning regulations of this Code. vi_i. Any exterior change to a structure which requires a building permit and is listed on the National Register of Historic Places or to a contributing property within a Historic District on the National Register of Historic Places. d. Residential i. Two or more residential units on a single lot. ii. All new structures or additions less than 10,000 square feet of gross floor area, other than single-family homes or accessory uses on individual lots Page 16 of 17 iii. Construction of attached single-family housing (e.g. town homes, condominiums, row houses, etc.) in all zoning districts. iv. 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). v. Any exterior change to a structure which requires a building permit and is listed on the National Register of Historic Places. SECTION 23. 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. SECTION 24. 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, and text descriptions of amendments (i.e. Sections 1, -24` need not be codified and the City Recorder is authorized to correct any cross-references hand 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 , 2010, and duly ASSED and ADOPTED this _L7 day of , 2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2010. Jh Strom"M11erg,ayor Reviewed as to form: Richard Appicello,"ft Attorney Page 17 of 17