HomeMy WebLinkAbout2951 Amending AMC Chapter 18
ORDINANCE NO. g`'1 61
AN ORDINANCE AMENDING CHAPTER 18 OF THE ASHLAND
MUNICIPAL CODE; PROVIDING FOR REVISIONS TO DEFINITIONS
AND,ZONING DISTRICT CLASSIFICATIONS, PROVIDING FOR
REVISIONS TO CONDITIONAL USE STANDARDS AND GENERAL
REGULATIONS FOR THE FOLLOWING ZONING DISTRICTS:
WOODLAND RESIDENTIAL, RURAL RESIDENTIAL, SINGLE FAMILY
RESIDENTIAL, SUBURBAN RESIDENTIAL, LOW DENSITY MULTI-
FAMILY RESIDENTIAL, HIGH DENSITY MULTI FAMILY RESIDENTIAL,
NORTH MOUNTAIN NEIGHBORHOOD, RETAIL COMMERCIAL,
EMPLOYMENT, INDUSTRIAL, HEALTH CARE SERVICES AND
SOUTHERN OREGON UNIVERSITY ; PROVIDING FOR REVISIONS TO
CHAPTERS FOR TREE PRESERVATION AND PROTECTION, PHYSICAL
AND ENVIRONMENTAL CONSTRAINTS, GENERAL REGULATIONS, SITE
DESIGN REVIEW, PARTITIONS, PERFORMANCE STANDARDS OPTION
, PARKING, SIGNAGE, PROCEDURES AND ENFORCEMENT,
PROVIDING ALSO FOR CORRECTIONS TO AND ADOPTION OF
OFFICAL MAPS, INCLUDING ZONING AND OVERLAY MAPS IN
DIGITAL FORMAT
(PA: 2007-01283).
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, pursuant to ORS 227.186 the Ashland Planning Department provided written
individual notice of the initial hearing of the above-described proposed changes to all
property owners in the City of Ashland; and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
ordinance amendments and recommended approval to the City Council on October 23,
2007; and
WHEREAS, the City Council of the City of Ashland conducted a public hearing on the above-
referenced amendments on December 18, 2007 and left the record open until January 15,
2008.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 1
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.
NOW THEREFORE,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1, Section 18.08.019 - Definition: Accessory Residential Unit, is added to the
Ashland Municipal Code, and reads as follows:
18.08.019 Accessory Residential Unit, A second dwelling unit either attached to a
single family dwelling or located on the same lot with a single family dwelling and
having an independent means of access.
SECTION 2, Section 18.08.078 - Definition: Basement, is added to the Ashland
Municipal Code, and reads as follows:
18.08.078 Basement. That portion of a building with a floor-to-ceiling height of not
less than 6.5 feet and where fifty percent (50%) or more of its perimeter walls are
less than six (6) feet above natural grade and does not exceed twelve (12) feet
above finish grade at any point.
SECTION 3, Section 18.08.090, Boarding-room house, of the Ashland Municipal
Code, is amended to read as follows:
18.08.090, Boarding-room house. A dwelling or part thereof, other than a hotel
or motel, where lodging with or without means is provided, for compensation, for
three (3) or more persons, for a minimum period of thirty (30) days.
SECTION 4, Section 18.08.160 - Definition: Coverage, lot or site, of the Ashland
Municipal Code, is amended to read as follows:
18.08.160, Coverage, lot or site. Total area of all, buildings, parking areas,
driveways, as well as other solid surfaces that will not allow normal water infiltration
to the ground. The coverage is expressed as a percentage of such area in relation
to the total gross area of the lot or site. Landscaping which does not negatively
impact the natural water retention and soil characteristics of the site shall not be
deemed part of the lot or site coverage.
SECTION 5, Section18.08.256 - Definition: Floor areas, gross habitable, is added
To the Ashland Municipal Code, and reads as follows:
18.08.256 Floor areas, gross habitable. The total area of all floors in a
dwelling measured to its outside surfaces that are under the horizontal
projection of the roof or floor above with at least seven (7) feet of head
room, excluding uninhabitable spaces accessed solely by an exterior door.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 2 -
SECTION 6, Section 18.08.257 - Definition: Floor area, gross, is added to the
Ashland Municipal Code, and reads as follows:
18.08.257 Floor Area, gross. The total area of all floors in a building
measured to the outside surfaces that are under the horizontal projection of
the roof or floor above.
SECTION 7, Section18.08.281 - Definition: Ground floor, is added to the Ashland
Municipal Code, and reads as follows:
18.08.281 Ground Floor. The first floor of a building other than a cellar
or basement.
SECTION 8, Section 18.08.291 - Definition: Historic District, is added to the
Ashland Municipal Code, and reads as follows:
18.08.291 Historic District. A district identified as historically significant
under the City of Ashland Comprehensive Plan and its implementing
regulations (e.g. overlay zones).
SECTION 9, Section 18.08.485 - Definition: Mechanical Equipment, of the Ashland
Municipal Code, is amended to read as follows:
18.08.485, Mechanical equipment. Equipment or devices installed for a use
appurtenant to the primary use. Such equipment shall include heating and air
conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or
TV receiving or transmitting antennas, and any power generating devices.
SECTION 10, Section 18.05.530 - Definition: Parking Space, of the Ashland
Municipal Code, is amended to read as follows:
18.05.530, Parking Space - A space designed and designated to provide parking
for a motor vehicle and in compliance with Chapter 18.92 parking standards.
SECTION 11, Section 18.08.595 - Definition: Planning Application, Planning
Action, of the Ashland Municipal Code, is amended to read as follows:
18.08.595, Planning application; planning action - A planning application is an
application, other than an application for legislative amendment, filed pursuant to
the requirements of this ordinance. A planning action is a proceeding pursuant to
this ordinance, in which the legal rights, duties or privileges of specific parties are
determined, and any appeal or review of such proceeding, pursuant to the provisions
of this ordinance. A planning action does not include a ministerial action or a
legislative amendment.
SECTION 12, Section 18.08.601 - Definition: Porch, enclosed/unenclosed, is
added to the Ashland Municipal Code, and reads as follows:
18.08.601 Porch, enclosed/unenclosed. Covered porches, exterior
balconies, or other similar areas attached to a building and having
dimensions of not less than six (6) feet in depth by eight (8) feet in length.
"Enclosed means the porch contains wall(s) that are more than forty-two
(42) inches in height measured from finished floor level, for fifty percent
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 3 -
(50%) or more of the porch perimeter. "Unenclosed" means the porch
contains no such walls, but it may be covered.
SECTION 13, Section 18.08.602 - Definition: Porous Solid Surface, is added to the
Ashland Municipal Code, and reads as follows:
18.08.602 Porous Solid Surface. Porous solid surface is a permeable
surface built with an underlying stone reservoir that temporarily stores
surface runoff before it infiltrates into the subsoil. Porous solid surfaces
include pervious asphalt, pervious concrete, grass or permeable pavers, or
decks that allow runoff to infiltrate the subsoil beneath the deck.
SECTION 14, Section 18.08.616 - Definition: Reconstruct, is added to the Ashland
Municipal Code, and reads as follows:
18.08.616 Reconstruct. To recreate or reassemble a structure or building
with a new or replacement structure that recreates or reproduces its form,
shape and location as originally built.
SECTION 15, Section 18.08.650 - Definition: Setback, of the Ashland Municipal
Code, is amended to read as follows:
18.08.650, Setback. The horizontal perpendicular distance from a lot line to the
closest part of a building or structure that is subject to a setback or yard
requirement. Architectural projections may intrude into required setbacks as set
forth in Section 18.68.040. When multi-story setbacks are specified, the setback for
a story above the ground floor is measured horizontally from the lot line to the plane
of the nearest wall of the upper story.
SECTION 16, Section 18.08.651 - Definition: Setback, Special, is added to the
Ashland Municipal Code, and reads as follows:
18.08.651 Setback, Special. The distance between the center line of a
street and the special base line setback from which yard measurements
are made, measured horizontally and at right angles from said center line.
SECTION 17, Section 18.08.661 - Definition: Story, half, is added to the Ashland
Municipal Code, and reads as follows:
18.08.661- Story, half. A half story is a space under a sloping roof that has the
line of intersection of the roof and exterior wall face not more than three (3) feet
above the floor level below and in which space the floor area with head room of five
(5) feet or more occupies no more than fifty percent (50%) of the total floor area of
the story directly beneath.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 4 -
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Sloping Roof Half Story. If Floor Area "A" is no
more than 50% of Floor Area "B" - then "A" is a
half story. If the wall face is more than three (3)
feet above the floor level below at the rear or
side yard setback line, then it shall be considered
a full story for purposes of setback
measurements.
SECTION 18, Section 18.08.662 — Definition: Story, of the Ashland Municipal Code,
is added to read as follows:
18.08.662 Story. That portion of a building included between the upper surface of
any floor and the upper surface of the floor next above, except that the top story
shall be that portion of a building included between the upper surface of the top floor
and the ceiling above. A basement shall not be considered a story. If the wall face
of the upper most floor at the rear or side yard setback line is more than three (3)
feet above the floor level below, the upper floor shall be considered a story for
purposes of setbacks. Unenclosed decks, porches, balconies and similar features are
not considered stories.
SECTION 20, Section 18.08.750 — Definition: Structure or building, of the Ashland
Municipal Code, is amended to read as follows:
18.08.750, Structure or building. That which is built or constructed; an edifice or
building of any kind or any piece of work artificially built up or composed of parts
joined together in some definite manner and which requires location on, in, or above
the ground or which is attached to something having a location on, in or above the
ground. Structures thirty (30) inches in height or less, including entry stairs,
uncovered porches, patios and similar structures are exempt from the side and rear
yard setback requirements and from half (1/2) the yard requirements for the front
yard and side yard abutting a public street.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 5 -
SECTION 21, Section 18.08.795 — Definition: Traveler's Accommodations, of the
Ashland Municipal Code, is amended to read as follows:
18.08.795, Traveler's Accommodations, Any establishment in a residential zone
having rooms or dwellings rented or kept for rent to travelers or transients for a
charge or fee paid or to be paid for rental or use of such facilities for a period of less
than thirty (30) days.
SECTION 22, Section 18.08.830 — Definition: Yard, of the Ashland Municipal Code,
is amended to read as follows:
18.08.830, Yard - An open space on a lot which is unobstructed by a structure
SECTION 23, Section 18.12.020, Classification of Districts, of the Ashland
Municipal Code, is amended to read as follows:
18.12.020, Classification of Districts. For the purpose of this Title, the City is divided
into zoning districts designated as follows:
Zoning Districts and Overlays
Airport Overlay
Residential - Rural
Residential - Single Family
Residential - Low Density Multiple Family
Residential - High Density Multiple Family
Commercial
Commercial - Downtown
Employment
Industrial
Woodland Residential
SOU - Southern Oregon University
Performance Standards (P) - Overlay
Detail Site Review Zone
Health Care Services Zone
North Mountain Neighborhood
Residential Overlay
Freeway Sign Overlay
Map Symbol and
Abbreviated Designation
A
RR
R-1
R-2
R-3
C-1
C-1-D
E-1
M-1
WR
P
DSR
HC
NM
R
F
SECTION 24, Section 18.12.030, Zoning Map, of the Ashland Municipal Code, is
amended to read as follows:
18.12.030, Zoning and Land Use Control Maps.
A. The location and boundaries of the zoning districts designated in Section 18.12.020,
physical and environmental constraints designated in Section 18.62.060, Detail Site
Review Zone designated in Chapter 18.72 are established as shown on the map
entitled "Zoning and Land Use Control Maps of the City of Ashland," dated with the
effective date of the ordinance codified herein, and signed by the Mayor and City
Recorder and hereafter referred to as the "Zoning and Land Use Control Maps."
B. The signed copy of said Zoning and Land Use Control Maps shall be maintained on
file in the office of the City Recorder and is made a part of this Title.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 6 -
SECTION 25, Section 18.14.030, W-R, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.14.030 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in
accordance with Chapter 18.104, Conditional Use Permits:
A. Churches and similar religious institutions.
B. Public and public utility buildings, structures and uses, but not including corporation,
storage or repair yards, warehouses and similar uses.
C. Private recreational uses and facilities provided that the forested character of the
area is not disturbed.
D. Public and quasi-public halls, lodges and clubs.
E. Schools, both public and private.
F. Daycare centers.
G. Homes for the elderly and nursing homes.
H. Disc antenna for commercial use.
I. Nonconforming use or structure changes required by Section 18.68.090.
J. Temporary uses.
K. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 26, Section 18.16.030, R-R, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.16.030 Conditional Uses.
The following uses and their accessory uses are permitted outright:
The following uses and their accessory uses are permitted when authorized in accordance
with Chapter 18.104, Conditional Use Permits:
A. Churches and similar religious institutions.
B. Hospitals, rest, nursing and convalescent homes.
C. Parochial and private schools, including nursery schools, kindergarten, and day
nurseries; business, dancing, trade technical, or similar school.
D. Public and public utility buildings, structures and uses; but not including corporation,
storage or repair yards, warehouses, and similar uses.
E. Private recreational uses and facilities, including country clubs, golf courses, swimming
clubs, and tennis clubs, but not including such intensive commercial recreational uses as
a driving range, race track, or amusement park.
F. Riding instructions and academies.
G. Cemeteries, mausoleums, columbariums, crematoriums.
H. Excavation and removal of sand, gravel, stone, loam, dirt, or other earth products,
subject to Section 18.68.080, Commercial Excavation.
I. Public and quasi-public halls, lodges and clubs.
J. Accessory residential units, subject to the Type I procedure and criteria, and the
following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2. The maximum number of dwelling units shall not exceed 2 per lot.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 7 -
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary residence on the lot,
and shall not exceed 1000 sq. ft. GHFA.
4. Additional parking shall be in conformance with the off-street Parking provisions
for single-family dwellings of this Title.
5. If the accessory residential unit is not part of the primary dwelling, all
construction and land disturbance associated with the accessory residential unit
shall occur on lands with less than 25% slope.
6. If located in the Wildfire zone, the accessory residential unit shall have a
residential sprinkler system installed.
7. The lot on which the accessory residential unit is located shall have access to an
improved city street, paved to a minimum of 20' in width, with curbs, gutters,
and sidewalks.
8. No on-street parking credits shall be allowed for accessory residential units in the
RR-.5 zone."
K. Disc antenna for commercial use.
L. Nonconforming use or structure changes required by Section 18.68.090.
M. Temporary uses.
N. Wireless Communication Facilities when attached to existing structures and authorized
pursuant to Section 18.72.180.
SECTION 27, Section 18.16.040, R-R, General Regulations, of the Ashland
Municipal Code, is amended to read as follows:
18.16.040 General Regulations
A. Minimum lot area: Minimum lot areas in the RR zone may be one-half (Y/z), one (1),
and two and one-half (2 1/2) acres, depending on the topographic nature, service
availability and surrounding land uses, and other relevant characteristics of the area.
B. Maximum lot coverage:
1. One-half (1/2) acre lots (RR-.5): twenty (20%) percent maximum.
2. One (1) acre lots (RR-1): twelve (12%) percent maximum.
3. Two and one-half (2 1/2) acre lots (RR-2.5): seven (7%) percent maximum.
C. Minimum lot width: All lots shall be at least one hundred (100) feet in width.
D. Lot depth: All lots shall be at least one hundred fifty (150) feet in depth. No lot
depth shall be more than three (3) times its width.
E. Minimum front yard: There shall be a front yard of at least twenty (20) feet.
F. Minimum side yard: There shall be a minimum side yard of six feet, except ten (10)
feet along the side yard facing the street on a corner lot.
G. Minimum rear yard: There shall be a minimum rear yard of ten (10) feet plus ten
(10) feet for each story in excess of one (1) story.
H. Maximum building height: No structure shall be over thirty-five (35) feet or two and
one-half (2 Y/2) stories in height, whichever is less. This does not include agricultural
structures fifty (50) feet or more from any property line.
SECTION 28, Section 18.20.030, R-1, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.20.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance
with Chapter 18.104, Conditional Use Permits.
A. Churches and similar religious institutions.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 8 -
B. Hospitals, rest, nursing or convalescent homes.
C. Parochial and private schools, including nursery schools, kindergartens, day
nurseries, business, dancing, trade, technical or similar schools.
D. Public and public utility buildings, structures and uses. (Ord. 2121 S2, 1981)
E. Recreational uses and facilities, including country clubs, golf courses, swimming
clubs and tennis clubs; but not including such intensive commercial recreational uses
as a driving range, race track or amusement park.
F. Off-street parking lots adjoining a C or M district subject to the provisions of Chapter
18.92, Off-Street Parking.
G. Public and quasi-public halls, lodges and clubs.
H. Accessory residential units, subject to the Type I procedure and criteria, and the
following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2. The maximum number of dwelling units shall not exceed 2 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary residence on the lot,
and shall not exceed 1000 sq. ft. GHFA.
4. Additional parking shall be in conformance with the off-street Parking provisions
for single-family dwellings of this Title.
I. Group Homes. (Ord. 2348 S1, 1985; Ord. 2624 S1, 1991)
J. Disc antenna for commercial use.
K. Dwellings in the Historic District exceeding the maximum permitted floor area
pursuant to Section 18.20.040.
L. Nonconforming use or structure changes required by Section 18.68.090.
M. Temporary uses.
N. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
Section 29, Section 18.22.030, R-1-3.5, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.22.030 Conditional Uses
A. Churches and similar religious institutions.
B. Hospitals, rest, nursing or convalescent homes.
C. Parochial and private schools, including nursery schools, kindergartens, day
nurseries, dancing, trade, technical or similar schools.
D. Public and public utility buildings, structures and uses.
E. Recreational uses and facilities, including country clubs, golf courses, swimming
clubs and tennis clubs, but not including such intensive commercial recreational uses
as a driving range, race track or amusement park.
F. Public and quasi-public halls, lodges and clubs.
G. Limited personal service establishments in the home, such as beauticians, masseurs,
etc.
H. Disc antenna for commercial use.
I. Nonconforming use or structure changes required by Section 18.68.090.
J. Temporary uses.
K. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 9 -
SECTION 30 Section 18.22.040, R-1-3.5, General Regulations, of the Ashland
Municipal Code, is amended to read as follows:
18.22.040 General Regulations
A. Minimum Lot Area. The minimum lot area shall be five thousand (5,000) square
feet, except that a lot three thousand five hundred (3,500) square feet or larger may
be created when the_lot contains an existing single-family residence which meets
setback, density, and lot coverage requirements. Variances under this Section are
subject to Type I procedures.
B. Minimum Lot Width. The minimum lot width shall be fifty (50) feet.
C. Lot Depth. All lots shall have a minimum depth of eighty (80) feet. No lot depth
shall be more than two and one-half (2 1/2) times its width.
D. Standard Yard Requirements. Front yard, twenty (20) feet; side yards, six (6) feet;
rear yard, ten (10) feet plus ten (10) feet for each story in excess of one (1) story.
In addition, the setbacks must comply with Section 18.70 which provides for solar
access. The side yard of a corner lot abutting a public street shall have a ten (10)
foot setback.
E. Special Yards--Distances Between Buildings.
1. The distance between any principal building and an accessory building shall be a
minimum of ten (10) feet.
2. An inner court providing access to a double-row dwelling group shall be a
minimum of twenty (20) feet.
3. The distance between principal buildings shall be at least one-half (Y/2) the sum of
the height of both buildings; provided, however, that in no case shall the distance
be less
than twelve (12) feet.
F. Maximum Height. No structure shall be over thirty-five (35) feet or two and one-half
(2 1/2) stories in height, whichever is less.
G. Maximum Coverage. Maximum lot coverage shall be fifty-five (55%) percent. (Ord.
2228, 1982)
SECTION 31, Section 18.24.030, R-2, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.24.030, Conditional Uses
The following uses and their accessory uses are permitted when authorized in
accordance with the chapter on conditional use permits:
A. Churches and similar religious institutions.
B. Parochial and private schools, business, dancing, trade, technical, or similar schools.
C. Manufactured housing developments subject to Chapter 18.84.
D. Public and quasi-public halls, lodges and clubs.
E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer,
doctor or other practitioner of the healing arts, engineer, insurance agent or
adjuster, investment or management counselor or surveyor.
F. Hospitals, rest, nursing and convalescent homes.
G. Limited personal service establishments in the home, such as beauticians, masseurs
and the uses listed in subsection E above.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 10 -
H. Wholesale plant nurseries, including accessory structures.
I. Retail commercial uses located in a dwelling unit within the Railroad Historic District
approved by the City Council. Such business shall be no greater than six hundred
(600) sq. ft. in total area, including all storage and accessory uses, and shall be
operated only by the occupant of the dwelling unit uses, and the equivalent of one
(1) half (1/2) time employee (up to twenty-five (25) hours per week). Such use shall
be designed to serve primarily pedestrian traffic, and shall be located on a street
having a fully improved sidewalk on at least the side occupied by the business. The
street shall be a fully improved street of residential City standards or greater.
J. (Ord. 2624 S2, 1991; deleted Ord. 2942 S2, 2007)
K. Traveler's accommodations, subject to the following:
1. That all residences used for travelers accommodation be business-owner
occupied. The business-owner shall be required to reside on the property
occupied by the accommodation, and occupancy shall be determined as the
travelers accommodation location being the primary residence of the owner
during operation of the accommodation. "Business-owner" shall be defined as a
person or persons who own the property and accommodation outright; or who
have entered into a lease agreement with the property owner(s) allowing for the
operation of the accommodation. Such lease agreement to specifically state that
the property owner is not involved in the day to day operation or financial
management of the accommodation, and that the business-owner is wholly
responsible for all operations associated with the accommodation, and has actual
ownership of the business. (ORD 2806 S1, 1997)
2. That each accommodation unit shall have 1 off-street parking space and the
owners shall have 2 parking spaces. All spaces shall be in conformance with the
requirements of the Off-Street Parking section of this Title.
3. That only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior
illumination of signage shall be installed such that it does not directly illuminate
any residential structures adjacent or nearby the traveler's accommodation in
violation of 18.72.110.
4. That the number of accommodation units allowed shall be determined by the
following criteria:
a. That the total number of units, including the owner's unit, shall be
determined by dividing the total square footage of the lot by 1800 sq. ft.
Contiguous lots under the same ownership may be combined to increase lot
area and the number of units, but not in excess of the maximum established
by this ordinance. The maximum number of accommodation units shall not
exceed 9 per approved travelers' accommodation with primary lot frontage on
arterial streets. The maximum number of units shall be 7 per approved
travelers' accommodation with primary lot frontage on designated collector
streets; or for travelers' accommodations not having primary frontage on an
arterial and within 200 feet of an arterial. Street designations shall be as
determined by the Ashland Comprehensive Plan. Distances shall be
measured via Public Street or alley access to the site from the collector or
arterial.
b. Excluding the business-owner's unit and the area of the structure it will
occupy, there must be at least 400 sq. ft. of gross interior floor space
remaining per unit.
5. That the primary residence on the site be at least 20 years old. The primary
residence may be altered and adapted for traveler's accommodation use,
including expansion of floor area. Additional structures may be allowed to
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 11 -
accommodate additional units, but must be in conformance with all setbacks and
lot coverage's of the underlying zone.
6. Transfer of business-ownership of a traveler's accommodation shall be subject to
all requirements of this section and conformance with the criteria of this section.
All traveler's accommodations receiving their initial approvals prior to the
effective date of this ordinance shall be considered as approved, conforming
uses, with all previous approvals, conditions and requirements remaining in effect
upon change of business-ownership. Any further modifications beyond the
existing approvals shall be in conformance with all requirements of this section.
7. An annual inspection by the Jackson County Health Department shall be
conducted as required by the laws of Jackson County or the State of Oregon.
8. That the property on which the travelers' accommodation is operated is located
within 200 feet of a collector or arterial street as designated in the City's
Comprehensive Plan. Distances shall be measured via Public Street or alley
access to the site from the collector or arterial.
L. Hostels
M. Disc antenna for commercial use.
N. Nonconforming use or structure changes required by Section 18.68.090.
O. New structures and additions to existing structures within a designated Historic
District which exceeds the Maximum Permitted Floor Area (MPFA), subject to the
general regulations set forth in Section 18.24.040.
P. Temporary uses.
Q. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 32, - 18.24.040 A.(1), R-2, General Regulations, Permitted Density, of
the Ashland Municipal Code, is amended to read as follows:
18.24.040 General Regulations
A. Permitted Density and Minimum Lot Dimensions.
1. Base Densities and Minimum Lot Dimensions. The density of the development,
including the density gained through bonus points, shall not exceed the density
established by this section. The density shall be computed by dividing the total
number of dwelling units by the acreage of the project, including land dedicated
to the public. The minimum density shall be 80% of the calculated base density.
Fractional portions of the answer shall not apply towards the total density. Base
density for the R-2 zone shall be 13.5 dwelling units per acre, in addition to the
following standards and exceptions:
a. An accessory residential unit is not required to meet density or minimum lot
area requirements, provided the unit is not greater than fifty percent (50%)
of the gross habitable floor area of the single family residence on the lot and
does not exceed 500 square feet of gross habitable floor area.
b. not considered as an accessory residential unit and less than 500 square feet
of gross habitable area shall count as 0.75 units for the purposes of density
calculations.
c. Minimum lot area for less than 2 units shall be 5000 sq. ft. with a minimum
width of 50' and minimum depth of 80'.
d. Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of
50' and a minimum depth of 80'.
e. Developments of 3 units or greater shall have minimum lot area in excess of
9000 sq. ft. except as determined by the base density and allowable bonus
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 12 -
point calculations, and shall have a minimum width of 50' and a minimum
depth of 80'.
SECTION 33, 18.24.040 I.1., R-2, General Regulations, Maximum Permitted Floor
Area for single family dwellings on individual lots within the Historic District, of
the Ashland Municipal Code, is amended to read as follows:
18.24.040 General Regulations
I. Maximum Permitted Floor Area for single family dwellings on individual lots within
the Historic District. The maximum permitted floor area for single family primary
dwellings on individual lots within an Historic District shall be determined by the
following:
1. The maximum permitted floor area shall include the total floor space of all floors
(gross floor area) of the primary dwelling measured to the outside surfaces of the
building, including but not limited to exterior walls, potential living spaces within
the structure with at least 7' of head room and attached garages. The floor area
shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 34, 18.24.040 1.1., R-2, General Regulations, Maximum Permitted Floor
Area for multiple dwellings on a single lot and new residential construction in
Performance Standards Options land divisions created within an Historic District.,
of the Ashland Municipal Code, is amended to read as follows:
18.24.040 General Regulations
J. Maximum Permitted Floor Area for multiple dwellings on a single lot and new
residential construction in Performance Standards Options land divisions created
within an Historic District_ The MPFA shall be determined by the following:
1. The MPFA shall include the total floor space of all floors (gross floor area) of the
dwelling units measured to the outside surfaces of the building(s), including but
not limited to exterior walls, potential living spaces within the structure with at
least 7' of head room and attached garages. The floor area shall not include
basements, detached garages, detached accessory structures, or detached
accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 35, Section 18.28.030, R-3, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.28.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance
with the Chapter on Conditional Use Permits:
A. Churches and similar religious institutions.
B. Parochial and private schools, business, dancing, trade, technical or similar schools.
C. Manufactured housing developments, subject to Chapter 18.84.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 13 -
D,
E.
F.
G.
H
I.
J.
Public and quasi-public halls, lodges and clubs.
Professional offices or clinics for an accountant, architect, attorney, dentist, designer,
doctor, or other practitioner of the healing arts, engineer, insurance agent or
adjuster, investment or management counselor or surveyor.
Hospitals, rest, nursing and convalescent homes.
Limited personal service establishments in the home, such as beauticians, masseurs,
and the uses listed in subsection E above.
Wholesale plant nurseries, including accessory structures.
(Ord. 2624 S3, 1991; DELETED Ord 2942 S5; 2007)
Travelers accommodations, subject to the following:
1. That all residences used for travelers accommodation be business-owner
occupied. The business-owner shall be required to reside on the property occupied
by the accommodation, and occupancy shall be determined as the travelers'
accommodation location being the primary residence of the owner during operation
of the accommodation. "Business-owner" shall be defined as a person or persons
who own the property and accommodation outright; or who have entered into a
lease agreement with the property owner(s) allowing for the operation of the
accommodation. Such lease agreement to specifically state that the property owner
is not involved in the day to day operation or financial management of the
accommodation, and that the business-owner is wholly responsible for all operations
associated with the accommodation, and has actual ownership of the business. (ORD
2806 S2, 1997)
2. That each accommodation unit shall have 1 off-street parking space and the
owners shall have 2 parking spaces. All spaces shall be in conformance with the
requirements of the Off-Street Parking section of this Title.
3. That only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior
illumination of signage shall be installed such that it does not directly illuminate
any residential structures adjacent or nearby the traveler's accommodation in
violation of 18.72.110.
4. That the number of accommodation units allowed shall be determined by the
following criteria:
a. That the total number of units, including the owner's unit, shall be determined
by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots
under the same ownership may be combined to increase lot area and the
number of units, but not in excess of the maximum established by this
ordinance. The maximum number of accommodation units shall not exceed
9 per approved traveler's accommodation with primary lot frontage on arterial
streets. The maximum number of units shall be 7 per approved travelers
accommodation with primary lot frontage on designated collector streets; or
for traveler's accommodations not having primary frontage on an arterial and
within 200 feet of an arterial. Street designations shall be as determined by
the Ashland Comprehensive Plan. Distances shall be measured via public
street or alley access to the site from the collector or arterial.
b. Excluding the business-owner's unit and the area of the structure it will
occupy, there must be at least 400 sq. ft. of gross interior floor space
remaining per unit.
5. That the primary residence on the site be at least 20 years old. The primary
residence may be altered and adapted for traveler's accommodation use,
including expansion of floor area. Additional structures may be allowed to
accommodate additional units, but must be in conformance with all setbacks and
lot coverage's of the underlying zone.
Ashland Land Use Ordinance Amendments Second Reading: April 1. 2008-D. 14 -
6. Transfer of business-ownership of a traveler's accommodation shall be subject to
all requirements of this section and conformance with the criteria of this section.
All travelers's accommodations receiving their initial approvals prior to the
effective date of this ordinance shall be considered as approved, conforming
uses, with all previous approvals, conditions and requirements remaining in effect
upon change of business-ownership. Any further modifications beyond the
existing approvals shall be in conformance with all requirements of this section.
L. Hostels
M. Disc antenna for commercial use.
N. Enlargement, extension, reconstruction, substitution, structural alteration or
reactivation of nonconforming uses and structures pursuant to Section 18.68.090.
O. New structures and additions to existing structures within a designated Historic
District which exceeds the Maximum Permitted Floor Area (MPFA), subject to the
general regulations set forth in Section 18.28.040.
P. Temporary uses.
Q. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 36, Section 18.28.040 A.1., R-3, General Regulations, Permitted Density,
of the Ashland Municipal Code, is amended to read as follows:
18.28.040 General Regulations
A. Permitted Density and Minimum Lot Dimensions
1. Base Densities and Minimum Lot Dimensions. The density of the development,
including the density gained through bonus points, shall not exceed the density
established by this section. The density shall be computed by dividing the total
number of dwelling units by the acreage of the project, including land dedicated
to the public. The minimum density shall be 80% of the calculated base density.
Fractional portions of the answer shall not apply towards the total density. Base
density for the R-3 zone shall be 20.0 dwelling units per acre, in addition to the
following standards and exceptions:
a. An accessory residential unit is not required to meet density or minimum lot
area requirements provided the unit is not greater than fifty percent (50%) of
the gross habitable floor area of the single family residence on the lot and
does not exceed 500 square feet of gross habitable floor area.
b. Units, not considered as an accessory residential unit and than 500 square
feet of gross habitable area shall count as 0.75 units for the purposes of
density calculations.
c. Minimum lot area for less than two (2)_units shall be 5000 sq. ft. with a
minimum width of 50' and minimum depth of 80'
d. Minimum lot area for 2 units shall be 6,500 sq. ft. with a minimum width of
50' and a minimum depth of 80'.
e. Developments of 3 units or greater shall have minimum lot area in excess of
8000 sq. ft. except as determined by the base density and allowable bonus
point calculations, and shall have a minimum width of 50' and a minimum
depth of 80'.
SECTION 37, Section 18.28.040 I.1., R-3, General Regulations, Maximum
Permitted Floor Area for single family dwellings on individual lots within the
Historic District of the Ashland Municipal Code, is amended to read as follows:
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 15 -
I. Maximum Permitted Floor Area for single family dwellings on individual lots
within the Historic District. The maximum permitted floor area for single family
primary dwellings on individual lots within an Historic District shall be determined by
the following:
1. The maximum permitted floor area shall include the total floor space of all floors
(gross floor area) of the primary dwelling measured to the outside surfaces of the
building, including but not limited to exterior walls, potential living spaces within
the structure with at least 7' of head room and attached garages. The floor area
shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 38, Section 18.28.040 1.1., R-3, General Regulations, Maximum
Permitted Floor Area for multiple dwellings on a single lot and new residential
construction in Performance Standards Options land divisions created within an
Historic District. of the Ashland Municipal Code, is amended to read as follows:
Maximum Permitted Floor Area for multiple dwellings on a single lot and new
residential construction in Performance Standards Options land divisions created
within an Historic District. The MPFA shall be determined by the following:
The MPFA shall include the total floor space of all floors (gross floor area) of the
dwelling units measured to the outside surfaces of the building(s), including but
not limited to exterior walls, potential living spaces within the structure with at
least 7' of head room and attached garages. The floor area shall not include
basements, detached garages, detached accessory structures, or detached
accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 39, Section 18.30.020, NM General Regulations, of the Ashland Municipal
Code, is amended to read as follows:
18.30.020 , NM General Regulations
A. Conformance with North Mountain Neighborhood Plan.
Land uses, streets, alleys and pedestrian/bicycle access ways shall be located in
accordance with those shown on the North Mountain Neighborhood Plan adopted by
Ordinance No. 2800.
1. Major and Minor Amendments
a. Major amendments are those which result in any of the following:
(1) A change in land use.
(2) A change in the street layout plan that requires a street to be eliminated
or to be located in such a manner as to not be consistent with the
neighborhood plan.
(3) A change in the North Mountain Neighborhood Design Standards.
(4) A change in planned residential density.
(5) A change not specifically listed under the major and minor amendment
definitions.
b. Minor amendments are those which result in any of the following:
(1) Changes related to street trees, street furniture, fencing, or signage.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 16 -
(2) A change in the street layout that requires a local street, alley, easement,
pedestrian/bicycle access way or utility to be shifted more than 50 feet in
any direction, as long as the change maintains the connectivity
established by the neighborhood plan.
2. Major Amendment Type II Procedure. A major amendment to the
neighborhood plan shall be processed as a Type II planning action concurrently
with specific development proposals. In addition to complying with the standards
of this section, findings must demonstrate that:
a. The proposed modification maintains the connectivity established by the
neighborhood plan;
b. The proposed modification furthers the design and access concepts advocated
by the neighborhood plan, including but not limited to pedestrian access,
bicycle access, and de-emphasis on garages as a residential design feature;
c. The proposed modification will not adversely affect the purpose, objectives, or
functioning of the neighborhood plan.
d. The proposed modification is necessary to adjust to physical constraints
evident on the property, or to protect significant natural features such as trees,
rock outcroppings, wetlands, or similar natural features, or to adjust to existing
property lines between project boundaries.
3. Minor Amendment Type I Procedure. A minor amendment to the neighborhood
plan may be approved as a Type I planning action concurrently with specific
development proposals. The request for a minor amendment shall include findings
that demonstrate that the change will not adversely affect the purpose, objectives,
or functioning of the neighborhood plan.
4. Utilities shall be installed underground to the greatest extent feasible. Where
possible, alleys shall be utilized for utility location, including transformers, pumping
stations, etc...
B. Lots With Alley Access. If the site is served by an alley, access and egress for motor
vehicles shall be to and from the alley. In such cases, curb openings along the street
frontage are prohibited.
C. Street, Alley and Pedestrian/bicycle Accessway Standards. The standards for
street, alley, and pedestrian/bicycle accessway improvements shall be as designated in
the North Mountain Neighborhood Design Standards.
D. Minimum Density. Proposals resulting in the creation of additional parcels or greater
than three units on a single parcel shall provide for residential densities between 75 to
110 percent of the base density for a given overlay, unless reductions in the total
number of units is necessary to accommodate significant natural features, topography,
access limitations or similar physical constraints. (Proposals involving the development
of neighborhood commercial businesses and services shall be exempt from the above
requirements).
E. Density Transfer. Density transfer within a project from one overlay to another may
be approved if it can be shown that the proposed density transfer furthers the design
and access concepts advocated by the neighborhood plan, and provides for a variety of
residential unit sizes, types and architectural styles
F. Drive-Up Uses. Drive-Up uses are not permitted within the North
Mountain
Neighborhood Plan area.
G. Performance Standards Overlay. All applications involving the creation of three or
more lots shall be processed under the Performance Standards Option chapter 18.88.
H. Fencing. No fencing exceeding three feet in height shall be allowed in the front lot area
between the structure and the street. No fencing shall be allowed in areas designated
as Floodplain Corridor.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 17 -
I. Adjustment of Lot Lines. As part of the approval process for specific development
proposals, adjustments to proposed lot lines may be approved consistent with the
density standards of the neighborhood plan zoning district.
SECTION 40, Section 18.30.030, NM-C Neighborhood Central Overlay, of the
Ashland Municipal Code, is amended to read as follows:
18.30.030, NM-C Neighborhood Central Overlay
A. Permitted Density. The density shall be computed by dividing the total number of
dwelling units by the acreage of the project, including land dedicated to the public.
Fractional portions of the answer shall not apply towards the total density. Base
density for the Neighborhood Central Overlay shall be 20 units per acre; however,
units of less than 500 square feet of gross habitable area shall count as 0.75 units
for the purposes of density calculations.
B. Off-Street Parking. In all areas within the Neighborhood Central Overlay, all uses
are not required to provide off-street parking or loading areas, except for residential
uses where one space shall be provided per residential unit. All parking areas shall
comply with the Off-Street Parking chapter and the Site Review chapter.
C. Area, Yard Requirements: There shall be no minimum lot area, lot coverage, front
yard, side yard or rear yard requirement, except as required under the Off-Street
Parking Chapter or where required by the Site Review Chapter.
D. Solar Access: The solar setback shall not apply in the Neighborhood Central
Overlay.
E. Permitted Uses. The following uses are permitted in the NM-C overlay subject to
conditions limiting the hours and impact of operation;
1. Residential Uses, subject to the above density requirements.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture.
5. Neighborhood Oriented Retail Sales and Personal Services, with each building
limited to 3,500 square feet of total floor area.
6. Professional Offices, with each building limited to 3,500 square feet of total floor
area.
7. Restaurants.
8. Manufacturing or assembly of items sold in a permitted use, provided such
manufacturing or assembly occupies 600 square feet or less, and is contiguous to
the permitted retail outlet.
9. Basic Utility Providers, such as telephone or electric providers, with each building
limited to 3,500 square feet of total floor area.
10. Community Services, with each building to 3,500 square feet of total floor area.
11. Churches or Similar Religious Institutions, when the same such use is not located
on a contiguous property, nor more than two such uses in a given Overlay.
12. Neighborhood Clinics, with each building limited to 3,500 square feet of total floor
area.
F. Conditional Uses.
1. Temporary Uses.
2. Public Parking Lots.
G. Lot Coverage: Maximum lot coverage shall be seventy-five (75) percent.
SECTION 41, Section 18.30.040. C., NM-MF Neighborhood Core Overlay, Yard
Requirements, of the Ashland Municipal Code, is amended to read as follows:
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 18 -
18.30.040, Neighborhood Core Overlay NM-MF
C. Yard Requirements
1. Front Yards. Front yard setbacks shall be a minimum of ten (10) feet
and a maximum of twenty-five (25) feet, excluding garages. Front
yards may be reduced to five (5) feet for unenclosed porches with a
minimum depth of six (6) feet and a minimum width of eight (8) feet.
Garages shall be setback a minimum of fifteen (15) feet from the front
building facade and twenty (20) feet from the sidewalk. No greater
than 50 percent (50%) of the total lineal building facade facing the
street shall consist of garage, carport or other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of five (5) feet for
the first story, excluding half-stories and_upper floor dormer space_five
(5) feet for each additional story, and ten (10)_feet when abutting a
public street. Single story, detached garages and accessory structures
shall have a minimum three (3) foot side yard, except that no side
yard is required for accessory buildings sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor
dormer space which may be setback 15 feet Single story, detached
garages and accessory buildings, and two story accessory buildings
adjacent to an alley shall have a minimum rear yard of four feet.
SECTION 42, Section 18.30.050.C. and F, NM-R-1-5 Neighborhood General Overlay,
Yard Requirements, and Lot Coverage of the Ashland Municipal Code, is amended
to read as follows:
18.30.050, Neighborhood General Overlay NM-R-1-5
C. Yard Requirements
1. Front Yards. Front yard setbacks shall be a minimum of ten (10) feet
and a maximum of twenty-five (25) feet, excluding garages. Front
yards may be reduced to five (5) feet for unenclosed porches with a
minimum depth of six (6) feet_and a minimum width of eight (8) feet.
Garages shall be setback a minimum of fifteen (15) feet from the front
building facade and twenty (20) feet from the sidewalk. No greater
than 50 percent (50%) of the total lineal building facade facing the
street shall consist of garage, carport or other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of five (5) feet for
the first_story, excluding half-stories and_upper floor dormer space_five
(5) feet for each additional story, and ten (10) feet when abutting a
public street. Single story, detached garages and accessory structures
shall have a minimum three (3) foot side yard, except that no side
yard is required for accessory buildings sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor
dormer space which may be setback 15 feet. Single story, detached
garages and accessory buildings, and two story accessory buildings
adjacent to an alley shall have a minimum rear yard of four feet.
D. Permitted Uses.
1. Residential Uses, subject to the above density requirements.
2. Home Occupations.
Ashland Land Use Ordinance Amendments Second Readinci: April 1, 2008-p. 19 -
3. Parks and Open Spaces.
4. Agriculture.
E. Special Permitted Uses.
1. Accessory Residential Units, subject to the following requirements:
a. The proposal must comply with lot coverage and setback requirements
of the underlying zone.
b. That the maximum number of dwellings not exceed two per lot.
c. That the maximum gross habitable floor area (GHFA) of the accessory
residential unit not exceed 50% of the GHFA of the primary residence
on the lot, and shall not exceed 750 sq. ft. GHFA. Second story
accessory residential units constructed above a detached accessory
building shall not exceed 500 sq. ft. GHFA.
d. Additional parking shall be in conformance with the Off-Street Parking
provisions for single-family dwellings of this title.
2. Community Services, with each building limited to 2,500 square feet of
total floor area.
F. Lot Coverage: Maximum lot coverage shall be fifty percent (50%).
SECTION 43, Section 18.30.060.C.and G, NM-R-1-7.5 Neighborhood Edge Overlay,
Yard Requirements and Lot Coverage, of the Ashland Municipal Code, is amended
to read as follows:
18.30.060, Neighborhood Edge Overlay NM-R-1-7.5
C. Yard Requirements
1. Front Yards. Front yard setbacks shall be a minimum of ten (10) feet and a
maximum of twenty-five (25) feet, excluding garages. Front yards may be
reduced to five (5) feet for unenclosed porches with a minimum depth of six
(6) feet and a minimum width of eight (8) feet. Garages shall be setback a
minimum of fifteen (15) feet from the front building facade and twenty (20)
feet from the sidewalk. No greater than 50 percent (50%) of the total lineal
building facade facing the street shall consist of garage, carport or other
covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of five (5) feet for the
first story, excluding half-stories and_upper floor dormer space, five (5) feet
for each additional story, and ten (10) feet when abutting a public street.
Single story, detached garages and accessory structures shall have a
minimum three (3) foot side yard, except that no side yard is required for
accessory buildings sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor dormer
space which may be setback 15 feet. Single story, detached garages and
accessory buildings, and two story accessory buildings adjacent to an alley
shall have a minimum rear yard of four feet.
D. Permitted Uses.
1. Residential Uses, subject to the above density calculations.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture
E. Special Permitted Uses.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 20 -
1. Accessory Residential Units, subject to Site Review approval under a Type I
Procedure and the following requirements:
a. The proposal must comply with lot coverage and setback requirements of the
underlying zone.
b. That the maximum number of dwellings not exceed two per lot.
c. That the maximum gross habitable floor area (GHFA) of the accessory residential
unit not exceed 50% of the GHFA of the primary residence on the lot, and shall
not exceed 750 sq. ft. GHFA. Second story accessory residential units constructed
above a detached accessory building shall not exceed 500 sq. ft. GHFA.
d. Additional parking shall be in conformance with the Off-Street Parking provisions
for single-family dwellings of this title.
F. Floodplain Corridor
1. Developments including lands within the identified floodplain corridor, including
street development, shall comply with the following requirements:
a. A hydrologic study prepared by a geotechnical expert shall be submitted
concurrently with specific development proposals indicating the impact of the
development on the floodplain corridor, and all efforts to be taken to mitigate
negative impacts from flooding in the area of the floodplain corridor and areas of
historic flooding.
b. The design of Greenway Drive, as indicated on the neighborhood plan, shall
incorporate flood protection measures, as determined by a geotechnical expert,
in the overall design of the new street. Such protection measures shall address
flooding in the floodplain corridor and in areas of historic flooding.
c. A grading plan for the overall development, indicating grade relationships
between the development and the floodplain corridor, shall be included with the
specific development proposal. A statement shall be included, prepared by a
geotechnical expert or licensed surveyor, indicating that the finish grade for all
buildable areas outside of the floodplain corridor shall be at or above the Ashland
floodplain corridor elevations indicated on the officially adopted city maps.
G. Lot Coverage: Maximum lot coverage shall be forty-five percent (45%).
SECTION 44, 18.32.025.D., C-1, Retail Commercial District, Special Permitted Uses,
Residential Uses, of the Ashland Municipal Code, is amended to read as follows:
18.32.025 Special Permitted Uses
D. Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or at least 50% of
the total lot area if there are multiple buildings shall be designated for permitted
or special permitted uses, excluding residential.
2. Residential densities shall not exceed 30 dwelling units per acre in the C-1
District, and 60 dwelling units per acre in the C-1-D District. For the purpose of
density calculations, units of less than 500 square feet of gross habitable floor
area shall count as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the underlying C-1 or C-1-D District.
4. Off-street parking shall not be required for residential uses in the C-1-D District.
5. If the number of residential units exceeds 10, then at least 10% of the residential
units shall be affordable for moderate income persons in accord with the
standards established by resolution of the Ashland City Council through
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 21 -
procedures contained in the resolution. The number of units required to be
affordable shall be rounded down to the nearest whole unit.
SECTION 45, 18.32.025.E., C-1, Retail Commercial District, Special Permitted Uses,
Drive Up uses, of the Ashland Municipal Code, is amended to read as follows:
18.32.025 Special Permitted Uses
E. Drive-up uses as defined and regulated as follows:
1. Drive-up uses may be approved in the C-1 District only, and only in the area east
of a line drawn perpendicular to Ashland Street at the intersection of Ashland
Street and Siskiyou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the
Comprehensive Plan.
3. Drive-up uses are subject to the following criteria:
a. The average waiting time in line for each vehicle shall not exceed five
minutes. Failure to maintain this average waiting time may be grounds for
revocation of the approval.
b. All facilities providing drive-up service shall provide at least two designated
parking spaces immediately beyond the service window or provide other
satisfactory methods to allow customers requiring excessive waiting time to
receive service while parked.
c. A means of egress for vehicular customers who wish to leave the waiting line
shall be provided.
d. The grade of the stacking area to the drive-up shall either be flat or downhill
to eliminate excessive fuel consumption and exhaust during the wait in line.
e. The drive-up shall be designed to provide as much natural ventilation as
possible to eliminate the buildup of exhaust gases.
f. Sufficient stacking area shall be provided to ensure that public rights-of-way
are not obstructed.
g. The sound level of communications systems shall not exceed 55 decibels at
the property line and shall otherwise comply with the Ashland Municipal Code
regarding sound levels.
h. The number of drive-up uses shall not exceed the 12 in existence on July 1,
1984. Drive-up uses may be transferred to another location in accord with all
requirements of this section. The number of drive-up window stalls shall not
exceed 1 per location, even if the transferred use had greater than one stall.
SECTION 46, 18.32.030, C-1, Retail Commercial District Conditional Uses, of the
Ashland Municipal Code, Is amended to read as follows:
18.32.030 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in accordance
with the chapter on Conditional Use Permits:
A. Electrical substations.
B. Automobile fuel sales, and automobile and truck repair facilities, except as allowed
as a special permitted use in 18.32.025.
C. New and used car sales, boat, trailer, and recreational vehicles sales and storage
areas, except within the Historic Interest Area as defined in the Comprehensive Plan.
D. Hotels and motels.
E. Temporary uses.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 22 -
F. Outdoor storage of commodities associated with a permitted, special permitted or
conditional use.
G. Hostels, provided that the facility be subject to an annual Type I review for at least
the first three years, after which time the Planning Commission may approve, under
a Type II procedure, a permanent permit for the facility.
H. Building material sales yards, but not including concrete or asphalt batch or mixing
plants.
I. Churches or similar religious institutions.
J. Wireless Communication Facilities not permitted outright and authorized pursuant to
Section 18.72.180.
K. Structures which are greater than forty (40) feet in height, but less than fifty-five
(55) feet, in the "D" Downtown Overlay District.
SECTION 47, 18.40.020, E-1, Employment District, Permitted Uses, of the Ashland
Municipal Code, is amended to read as follows:
18.40.020 Permitted Uses.
The following uses and their accessory uses are permitted outright, subject to the
requirements of Chapter 18.72, Site Design and Use Standards:
A. Professional, financial, and business and medical offices, and personal service
establishments.
B. Stores, shops and offices supplying commodities or performing services, except that
retail uses shall be limited to no greater than 20,000 sq. ft. of gross leasable floor
space per lot.
C. Restaurants. (Ord 2812, S4 1998)
D. Electrical, furniture, plumbing shop, printing, publishing, lithography or upholstery.
E. Light manufacturing, assembly, fabricating, or packaging of products from previously
prepared materials, such as cloth, plastic, wood (not including saw, planking, or
lumber mills or molding plants), paper, cotton, precious or semi-precious metals or
stone.
F. Manufacture of electric, electronic, or optical instruments and devices.
G. Administrative or research establishments.
H. Motion picture, television, or radio broadcasting studios operating at an established
or fixed location.
I. Mortuaries and crematoriums.
J. Building material sales yards, but not including concrete or asphalt batch or mixing
plants.
K. Kennels and veterinary clinics, with all animals housed within structures.
L. Bakeries
M. Public and quasi-public utility and service buildings and yards, structures, and public
parking lots, but excluding electrical substations.
N. Manufacture of pharmaceutical and similar items.
O. Wireless Communication Facilities permitted outright pursuant to Section 18.72.180.
SECTION 48, 18.40.030.E., E-1, Employment District, Special Permitted Uses,
Residential Uses, of the Ashland Municipal Code, is amended to read as follows:
18.40.030, Special Permitted Uses
E. Residential uses.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 23 -
1. At least 65% of the total gross floor area of the ground floor, or at least 50% of
the total lot area if there are multiple buildings shall be designated for permitted
or special permitted uses, excluding residential.
2. Residential densities shall not exceed 15 dwelling units per acre. For the purpose
of density calculations, units of less than 500 square feet of gross habitable floor
area shall count as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the E-1 District.
4. Residential uses shall only be located in those areas indicated as R-Overlay within
the E-1 District, and shown on the official zoning map.
5. If the number of residential units exceed 10, then at least 10% of the residential
units shall be affordable for moderate income persons in accord with the
standards established by resolution of the Ashland City Council through
procedures contained in the resolution. The number of units required to be
affordable shall be rounded down to the nearest whole unit.
SECTION 49, 18.40.040, E-1, Employment District, Conditional Uses, of the
Ashland Municipal Code, is amended to read as follows:
18.40.040 Conditional Uses
The following uses and their accessory uses are permitted when authorized in
accordance with the chapter on Conditional Use Permits:
A. Electrical substations.
B. Mini-warehouses and similar storage areas.
C. Contractor equipment storage yards or storage and rental of equipment commonly
used by a contractor.
D. Automobile fuel sales.
E. New and used car sales, boat, trailer and recreational vehicles sales and storage
areas, provided that the use is not located within the Historic Interest Area as
defined in the Comprehensive Plan.
F. Hotels and motels.
G. Any use which involves outside storage of merchandise, raw materials, or other
material associated with the primary use on the site.
H. Private college, trade school, technical school, or similar school.
I. Cabinet, carpentry, machine, and heating shops, if such uses are located less than or
equal to 200' from the nearest residential district.
J. Cold storage plants, if such uses are located less than or equal to 200' from the
nearest residential district.
K. Automotive body repair and painting, including paint booths.
1. The use shall not be located within 200' of the nearest residentially zoned
property.
2. All objectionable odors associated with the use shall be confined to the lot, to the
greatest extent feasible. For the purposes of this provision, the standard for
judging "objectionable odors" shall be that of an average, reasonable person with
ordinary sensibilities after taking into consideration the character of the
neighborhood in which the odor is made and the odor is detected.
3. The use shall comply with all requirements of the Oregon Department of
Environmental Quality.
L. Churches and similar religious institutions
M. Nightclubs and Bars.
N. Theaters (excluding drive-in) and similar entertainment uses.
O. Temporary uses.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 24 -
P. Wireless Communication Facilities not permitted outright and authorized pursuant to
Section 18.72.180.
SECTION 50, 18.52.030, M-1, Industrial District, Conditional Uses, of the Ashland
Municipal Code, is amended to read as follows:
18.52.030 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in
accordance with the chapter on Conditional Use Permits:
A. Junkyard and auto wrecking yards.
B. Kennels and veterinary clinics.
C. Banks, restaurants or other convenience establishments designed to serve persons
working in the zone only.
D. Concrete or asphalt batch or mixing plants.
E. Temporary uses.
F.. Wireless Communication Facilities not permitted outright and authorized pursuant to
Section 18.72.180.
SECTION 51, 18.54.030, HC, Health Care Services Zone, Conditional Uses, of the
Ashland Municipal Code, is amended to read as follows:
18.54.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in
accordance with the Chapter on Conditional Use Permits:
A. Limited personal service providers in the home, such as beauticians and
masseurs.
B. Travelers' accommodations, subject to the requirements of the R-2 zone.
C. Professional offices for an accountant, architect, attorney, designer, engineer,
insurance agent or adjuster, investment or management counselor or surveyor.
D. Any medically-related use, located on City-owned property, that is not
specifically allowed by the Ashland Community Hospital Master Facility Plan.
E. Wireless Communication Facilities authorized pursuant to Section 18.72.180.
SECTION 52, 18.61.020.A., Tree Preservation and Protection, , Definitions, of the
Ashland Municipal Code, is amended to read as follows:
18.61.020 Definitions.
A. Arborist means a person licensed by the State of Oregon State Landscape
Contractors Board or Construction Contractors Board who is certified as an arborist
from the International Society of Arboriculture or American Society of Consulting
Arborists.
SECTION 53, 18.61.020.E., Tree Preservation and Protection, Definitions, of the
Ashland Municipal Code, is amended to read as follows:
18.61.020 Definitions.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 25 -
D. Diameter at breast height or DBH means the diameter of the trunk, at its maximum
cross section, measured 54 inches (4 1/2 feet) above ground level at the base of the
trunk. On sloped lands, the measurement shall be taken on the uphill side of tree.
SECTION 54, 18.61.035, Tree Preservation and Protection, Exempt Tree Removal
Activities, of the Ashland Municipal Code, is amended to read as follows:
18.61.035 Exempt Tree Removal Activities.
The following activities are exempt from the requirement for tree removal permits:
A. Those activities associated with the establishment or alteration of any public park
under the Ashland Parks and Recreation Commission. However, the Ashland Parks
and Recreation Department shall provide an annual plan in January to the Tree
Commission outlining proposed tree removal and topping activities, and reporting on
tree removal and topping activities that were carried out in the previous year.
B. Removal of trees in single family residential zones on lots occupied only by a single
family
detached dwelling and associated accessory structures, except as otherwise
regulated by the Physical and Environmental Constraints ordinance (18.62.
C. Removal of trees in multi-family residential zones on lots occupied only by a single
family detached dwelling and associated accessory structures, except as otherwise
regulated by the Physical and Environmental Constraints ordinance (18.62).
D. Removal of trees less than 6" DBH in any zone, excluding those trees located within
the public right of way or required as conditions of approval with landscape
improvements for planning actions.
E. Removal of trees less than 18" DBH on any public school lands, Southern Oregon
University, and other public land, excluding Heritage trees
F. Removal of trees within the Wildfire Lands area of the City, as defined on adopted
maps, for the purposes of wildfire fuel management, and in accord with the requirements of
the Physical and Environmental Constraints Chapter- 18.62.
G. Removal of dead trees.
H. Those activities associated with tree trimming for safety reasons, as mandated by
the Oregon Public Utilities Commission, by the City's Electric and Telecommunication Utility.
However, the Utility shall provide an annual plan to the Tree Commission outlining tree
trimming activities and reporting on tree trimming activities that were carried out in the
previous year. Tree trimming shall be done, at a minimum, by a Journeyman Tree Trimmer,
as defined by the Utility, and will be done in conformance and to comply with OPUC
regulations.
I. Removal of street trees within the public right-of-way subject to street tree removal
permits in AMC 13.16.
SECTION 55, 18.61.042.B., Tree Preservation and Protection, Approval and Permit
Required, Verification Permit, of the Ashland Municipal Code, is amended to read
as follows:
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 26 -
18.61.042, Approval and Permit Required
B. TREE REMOVAL - VERIFICATION PERMIT:
1. If a site has received development approval through a planning action consistent
with the standards of this chapter, then a Verification Permit shall be required for
those trees approved for removal through that process. To obtain a verification
permit, an applicant must clearly identify on the property the trees to be
removed by tying pink tagging tape around each tree and submitting a site plan
indicating the location of the requested trees. Vegetation 4" to 6" DBH that is to
be removed shall also be marked with pink tagging tape. The Staff Advisor may
require the building footprint of the development to be staked to allow for
accurate verification of the permit application. The Staff Advisor will then verify
that the requested trees match the site plan approved with the planning action.
The City shall require the applicant to mitigate for the removal of each tree
pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of
approval of the original development permit.
2. Verification permits shall be required prior to the issuance of an excavation
permit or building permit and prior to any site disturbance and/or storage of
materials on the subject property.
SECTION 56, 18.61.042.D., Tree Preservation and Protection, Approval and Permit
Required, Tree Removal, staff Permit, of the Ashland Municipal Code, is amended
to read as follows:
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-I, E-I, M-
I, 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-I, RR, WR, and NM zones.
d. Removal of significant trees on lands 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 I
Procedure). If the tree removal is part of another planning action involving
development activities, the tree removal application, if timely filed, shall be
processed concurrently with the other planning action.
SECTION 57, 18.61.050.A., Tree Preservation and Protection, Plans Required, of
the Ashland Municipal Code, is amended to read as follows:
18.61.050 Submittal Requirements.
A. An application for all Tree Removal and Tree Topping Permits shall include:
a. Plans drawn to scale containing the number, size, species and location of the
trees proposed to be removed or topped on a site plan of the property.
b. The anticipated date of removal or topping.
c. A statement of the reason for removal or topping.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 27 -
d. Information concerning proposed landscaping or planting of new trees to replace
the trees to be removed, and
e. Evidence that the trees proposed for removal or topping have been clearly
identified on the property for visual inspection.
f. A Tree Protection Plan that includes trees located on the subject site that are not
proposed for removal, and any off-site trees where drip lines extend into
proposed landscaped areas on the subject site. Such plans shall conform to the
protection requirements under Section 18.61.200.
g. Any other information reasonably required by the City.
SECTION 58, 18.61.080.B., Tree Preservation and Protection, Criteria for Issuance
of Tree Removal Staff Permit, of the Ashland Municipal Code, is amended to read
as follows:
18.61.080 Criteria for Issuance of Tree Removal Permit
An applicant for a Tree Removal Permit shall demonstrate that the following criteria
are satisfied. The Staff Advisor may require an arborist's report to substantiate the
criteria for a permit.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree
that is not a hazard if the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to be
consistent with other applicable Ashland Land Use Ordinance requirements and
standards, including but not limited to applicable Site Design and Use Standards
and Physical and Environmental Constraints. The Staff Advisor may require the
building footprint of the development to be staked to allow for accurate
verification of the permit application; and
2. Removal of the tree will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, or existing
windbreaks; and
3. Removal of the tree will not have a significant negative impact on the tree
densities, sizes, canopies, and species diversity within 200 feet of the subject
property.
The City shall grant an exception to this criterion when alternatives to the tree
removal have been considered and no reasonable alternative exists to allow the
property to be used as permitted in the zone. Nothing in this section shall require
that the residential density be reduced below the permitted density allowed by
the zone. In making this determination, the City may consider alternative site
plans or placement of structures or alternate landscaping designs that would
lessen the impact on trees, so long as the alternatives continue to comply with
other provisions of the Ashland Land Use Ordinance.
4. The City shall require the applicant to mitigate for the removal of each tree
granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall
be a condition of approval of the permit.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 28 -
SECTION 59, 18.61.084, Tree Preservation and Protection, Mitigation Required, of
the Ashland Municipal Code, is amended to read as follows:
18.61.084, Mitigation Required
An applicant shall be required to provide mitigation for any tree approved for
removal. The mitigation requirement shall be satisfied by one or more of the
following:
A. Replanting on site. The applicant shall plant either a minimum 1 1/2-inch caliper
healthy and well-branched deciduous tree or a 5-6 foot tall evergreen tree for
each tree removed. The replanted tree shall be of a species that will eventually
equal or exceed the removed tree in size if appropriate for the new location.
Larger trees may be required where the mitigation is intended, in part, to replace
a visual screen between land uses. "Suitable" species means the tree's growth
habits and environmental requirements are conducive to the site, given the
existing topography, soils, other vegetation, exposure to wind and sun, nearby
structures, overhead wires, etc. The tree shall be planted and maintained
according to the specifications in the City Tree Planting and Maintenance
Guidelines as approved by the City Council.
B. Replanting off site. If in the City's determination there is insufficient available
space on the subject property, the replanting required in subsection A shall occur
on other property in the applicant's ownership or control within the City, in an
open space tract that is part of the same subdivision, or in a City owned or
dedicated open space or park. Such mitigation planting is subject to the approval
of the authorized property owners. If planting on City owned or dedicated
property, the City may specify the species and size of the tree. Nothing in this
section shall be construed as an obligation of the City to allow trees to be planted
on City owned or dedicated property.
C. Payment in lieu of planting. If in the City's determination no feasible alternative
exists to plant the required mitigation, the applicant shall pay into the tree
account an amount as established by resolution of the City Council.
D. An approved mitigation plan shall be fully implemented within one year of a tree
being removed unless otherwise set forth in a tree removal application and
approved in the tree removal permit.
SECTION 60, 18.61.092, Tree Preservation and Protection, Expiration of Tree
Removal Permits, of the Ashland Municipal Code, is amended to read as follows:
18.61.092, Expiration of Tree Removal Permits
Tree removal permits shall remain valid for a period of one year from the date of
issuance or date of final decision by a hearing body, if applicable. A 30 day extension
shall be automatically granted by the Staff Advisor if requested in writing before the
expiration of the permit. Permits that have lapsed are void. Trees removed after a
tree removal permit has expired shall be considered a violation of this Chapter.
SECTION 61, 18.62.040.H., Physical and Environmental Constraints, Approval and
Permit Required, Plans Required of the Ashland Municipal Code, is amended to
read as follows:
Ashland Land Use Ordinance Amendments Second Reading: ADril 1, 2008-D. 29 -
18.62.040 Approval and Permit Required.
H. Plans Required. The following plans shall be required for any development requiring
a Physical Constraints Review:
1. The plans shall contain the following:
a. Project name.
b. Vicinity map.
c. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing
the largest scale that fits on 22" x 34" paper. Multiple plans or layers shall be
prepared at the same scale, excluding detail drawings. The Staff Advisor may
authorize different scales and plan sheet sizes for projects, provided the plans
provide sufficient information to clearly identify and evaluate the application
request.
d. North arrow.
e. Date.
f. Street names and locations of all existing and proposed streets within or on
the boundary of the proposed development.
g. Lot layout with dimensions for all lot lines.
h. Location and use of all proposed and existing buildings, fences and structures
within the proposed development. Indicate which buildings are to remain and
which are to be removed.
i. Location and size of all public utilities affected by the proposed development.
j. Location of drainage ways or public utility easements in and adjacent to the
proposed development. Location of all other easements.
k. topographic map of the site at a contour interval of not less than two feet nor
greater than five feet. The topographic map shall also include a slope
analysis, indicating buildable areas, as shown in the graphic.
I. Location of all parking areas and spaces, ingress and egress on the site, and
on-site circulation.
m Accurate locations of all existing natural features including, but not limited to,
all trees as required in 18.62.080.D.1, including those of a caliper equal to or
greater than six inches d.b.h., native shrub masses with a diameter of ten
feet or greater, natural drainage, swales, wetlands, ponds, springs, or creeks
on the site, and outcroppings of rocks, boulders, etc. Natural features on
adjacent properties potentially impacted by the proposed development shall
also be included, such as trees with driplines extending across property lines.
In forested areas, it is necessary to identify only those trees which will be
affected or removed by the proposed development. Indicate any
contemplated modifications to a natural feature.
n. The proposed method of erosion control, water runoff control, and tree
protection for the development as required by this chapter.
o. Building envelopes for all existing and proposed new parcels that contain only
buildable area, as defined by this Chapter.
p. Location of all irrigation canals and major irrigation lines.
q. Location of all areas of land disturbance, including cuts, fills, driveways,
building sites, and other construction areas. Indicate total area of
disturbance, total percentage of project site proposed for disturbance, and
maximum depths and heights of cuts and fill.
r. Location for storage or disposal of all excess materials resulting from cuts
associated with the proposed development.
s. Applicant name, firm preparing plans, person responsible for plan
preparation, and plan preparation dates shall be indicated on all plans.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 30 -
t. Proposed timeline for development based on estimated date of approval,
including completion dates for specific tasks.
2. Additional plans and studies as required in Sections 18.62.070, 18.62.080,
18.62.090 and 18.62.100 of this Chapter.
SECTION 62, 18.62.050.A., Physical and Environmental Constraints, Land
Classifications, Flood plain Corridor Lands, of the Ashland Municipal Code, is
amended to read as follows:
18.62.050 Land Classifications.
The following factors shall be used to determine the classifications of various lands
and their constraints to building and development on them:
A. Flood plain Corridor Lands - Lands with potential stream flow and flood hazard.
The following lands are classified as Flood plain Corridor lands:
1. All land contained within the 100 year Flood plain as defined by the
Federal Flood Insurance Program and in maps adopted by Chapter 15.10
of the Ashland Municipal Code.
2. All land within the area defined as Flood plain Corridor land in maps
adopted by the Council as provided for in section 18.62.060.
3. All lands which have physical or historical evidence of flooding in the
historical past.
4. All areas within 20 feet (horizontal distance) of any creek designated for
Riparian Preservation in 18.62.050.B and depicted as such on maps
adopted by the Council as provided for in section 18.62.060.
5. All areas within ten feet (horizontal distance) of any drainage channel
depicted on maps adopted by the Council but not designated as Riparian
Preservation.
SECTION 63, 18.62.070. A. , Physical and Environmental Constraints, Development
Standards for Flood Plain Corridor Lands, Standards for Fill, of the Ashland
Municipal Code, is amended to read as follows:
18.62.070 Development Standards for Flood plain Corridor Lands.
For all land use actions which could result in development of the Flood plain Corridor,
the following is required in addition to any requirements of Chapter 15.10:
A. Standards for fill in Flood plain Corridor lands:
1. Fill shall be designed as required by the International Building Code and
International Residential Code, where applicable.
2. The toe of the fill shall be kept at least ten feet outside of floodway channels,
as defined in section 15.10, and the fill shall not exceed the angle of repose of
the material used for fill.
3. The amount of fill in the Flood plain Corridor shall be kept to a minimum. Fill
and other material imported from off the lot that could displace floodwater
shall be limited to the following:
a. Poured concrete and other materials necessary to build permitted
structures on the lot.
b. Aggregate base and paving materials, and fill associated with approved
public and private street and driveway construction.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 31 -
c. Plants and other landscaping and agricultural material.
d. A total of 50 cubic yards of other imported fill material.
e. The above limits on fill shall be measured from April 1989, and shall not
exceed the above amounts. These amounts are the maximum cumulative
fill that can be imported onto the site, regardless of the number of permits
issued.
4. If additional fill is necessary beyond the permitted amounts in (3) above, then
fill materials must be obtained on the lot from cutting or excavation only to
the extent necessary to create an elevated site for permitted development.
All additional fill material shall be obtained from the portion of the lot in the
Flood plain Corridor.
5. Adequate drainage shall be provided for the stability of the fill.
6. Fill to raise elevations for a building site shall be located as close to the
outside edge of the Flood plain Corridor as feasible.
SECTION 64, 18.62.070.G., Physical and Environmental Constraints, Development
Standards for Flood Plain Corridor Lands, of the Ashland Municipal Code, is
amended to read as follows:
18.62.070 Development Standards for Flood plain Corridor Lands.
For all land use actions which could result in development of the Flood plain Corridor,
the following is required in addition to any requirements of Chapter 15.10:
G. New non-residential uses may be located on that portion of Flood plain Corridor
lands that equal to or above the flood elevations on the official maps adopted in
section 18.62.060. Second story construction may be cantilevered or supported
by pillars that will have minimal impact on the flow of floodwaters over the Flood
plain corridor for a distance of 20 feet if it does not impact riparian vegetation,
and_the clearance from finished grade is at least ten feet in height, and will have
minimal impact on the flow of floodwaters. The finished floor elevation may not
be more than two feet below the flood corridor elevations.
SECTION 65, 18.62.080.13.1., Physical and Environmental Constraints,
Development Standards for Hillside Lands, Hillside Grading and Erosion Control, of
the Ashland Municipal Code, is amended to read as follows:
18.62.080 Development Standards for Hillside Lands.
B. Hillside Grading and Erosion Control. All development on lands classified as hillside
shall provide plans conforming with the following items:
1. All grading, retaining wall design, drainage, and erosion control plans for
development on Hillside Lands shall be designed by a geotechnical expert. All
cuts, grading or fills shall conform to the International Building Code and be
consistent with the provisions of this Title. Erosion control measures on the
development site shall be required to minimize the solids in runoff from disturbed
areas.
SECTION 66, 18.62.080.D.4., Physical and Environmental Constraints,
Development Standards for Hillside Lands, Tree Conservation, Protection and
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 32 -
Removal, Tree Protection, of the Ashland Municipal Code, is amended to read as
follows:
18.62.080 Development Standards for Hillside Lands.
D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall
conform to the following requirements:
4. Tree Protection. On all properties where trees are required to be preserved
during the course of development, the developer shall follow the following tree
protection standards:
a. All trees designated for conservation shall be clearly marked on the project
site. Prior to the start of any clearing, stripping, stockpiling, trenching,
grading, compaction, paving or change in ground elevation, the applicant
shall install fencing at the drip line of all trees to be preserved adjacent to or
in the area to be altered. Temporary fencing shall be established at the
perimeter of the dripline. Prior to grading or issuance of any permits, the
fences may be inspected and their location approved by the Staff Advisor.
(see 18.61.200)
.
., .,
;3/}—!4• o Tree Conservation
. Guideline
_'~~~t !I!1 Protective* I . k , , Protective Fencing
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iv-.
hi ' ' ~ ►,: é should be secured by • ~
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• Area — I land Is car ate
(Atly - No Heal',"
Dripline Fence Diameter Equipment or Pt rking
b. Construction site activities, including but not limited to parking, material
storage, soil compaction and concrete washout, shall be arranged so as to
prevent disturbances within tree protection areas.
-----,Dripline
Tree Canopy ' .~
00 To provide minimum protect ion t o t he
root area, t t he great est radius
from t runk t o dripline and crest e a
regular circle, using t he longest radius,
rat her t han t o fdlowan irregular,
atove ground, exist ing t ree dripline.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 33 -
c. No grading, stripping, compaction, or significant change in ground elevation
shall be permitted within the drip line of trees designated for conservation
unless indicated on the grading plans, as approved by the City, and landscape
professional. If grading or construction is approved within the dripline, a
landscape professional may be required to be present during grading
operations, and shall have authority to require protective measures to protect
the roots.
d. Changes in soil hydrology and site drainage within tree protection areas shall
be minimized. Excessive site run-off shall be directed to appropriate storm
drain facilities and away from trees designated for conservation.
e. Should encroachment into a tree protection area occur which causes
irreparable damage, as determined by a landscape professional, to trees, the
project plan shall be revised to compensate for the loss. Under no
circumstances shall the developer be relieved of responsibility for compliance
with the provisions of this chapter.
SECTION 67, 18.64, SO, Southern Oregon State College District, of the Ashland
Municipal Code, is amended to read as follows:
CHAPTER 18.64, SO, SOUTHERN OREGON UNIVERSITY
SECTION 68, 18.64.010, SO, Southern Oregon State College District, Purpose, of
the Ashland Municipal Code, is amended to read as follows:
18.64.010 Purpose.
This district is designed to provide for the unique needs of SOU_as a State
educational institution functioning within the planning framework of the City. It can
be applied to all areas now or hereinafter owned by the State of Oregon acting by
and through the State Board of Higher Education and Southern Oregon University
and located within the SOU boundary, as shown on the SOU Comprehensive Plan,
adopted by SOU and approved by the City.
SECTION 69, 18.64.020, Southern Oregon State College District, Permitted Uses,
of the Ashland Municipal Code, is amended to read as follows:
18.64.020 Permitted Uses.
A. Uses permitted outright are all those which are directly related to the educational
functions of SOU, provided that such uses are indicated and located in conformance
with the adopted and City approved SOU Comprehensive Plan, and are greater than
fifty (50) feet from privately owned property.
B. Wireless Communication Facilities authorized pursuant to Section 18.72.180.
SECTION 70, 18.64.030, Southern Oregon State College District, Conditional Uses,
of the Ashland Municipal Code, is amended to read as follows:
18.64.030 Conditional Uses.
A. Any use, site design, or construction or alteration of same not agreed upon in
advance by the City and SOU in the SOU Plan.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 34 -
B. Any use, site design, or construction within fifty (50) feet of privately-owned
property.
C. Any construction over forty (40) feet in height.
D. Wireless Communication Facilities not permitted outright and authorized pursuant to
Section 18.72.180.
SECTION 71, 18.64.040, Southern Oregon State College District, General
Regulations, of the Ashland Municipal Code, is amended to read as follows:
18.64.040 General Regulations.
This Chapter, together with the Site Review, Sign and Off-Street Parking Chapters of
this Title, are the only portions of the Title to be effective within the SOU zone,
except for areas within fifty (50) feet of privately-owned land, which are subject to
the Chapter on Conditional Use Permits. In addition, the creation or vacation of
public streets or public ways shall be subject to mutual agreement between the City
and SOU and all other applicable laws.
SECTION 72, 18.68.040, General Regulations, Yard Measurements, of the Ashland
Municipal Code, is amended to read as follows:
18.68.040, Yard Requirements.
All yard measurements to and between buildings or structures or for the purpose of
computing coverage or similar requirements shall be made to the building or nearest
projection. Architectural projections may intrude eighteen (18) inches into required
yards.
SECTION 73, 18.68.090, General Regulations, Nonconforming Uses and Structures,
of the Ashland Municipal Code, is amended to read as follows:
18.68.090, Nonconforming Uses and Structures
A. A non-conforming use or structure may not be enlarged, extended, reconstructed,
substituted, or structurally altered, except as follows:
1. When authorized in accordance with the same procedure as provided in
Conditional Use Chapter 18.104 and the criteria of Section 18.104.050(B and C),
a nonconforming use may be changed to one of the same or a more restricted
nature, except that a Conditional Use Permit need not be obtained when the use
is changed to a permitted use within the zoning district.
2. When authorized in accordance with the same procedure as provided in
Conditional Use Chapter 18.104 and the criteria of Section 18.104.050(B and C),
a nonconforming structure may be enlarged, extended, reconstructed or the
footprint modified, except that a Conditional Use Permit need not be obtained
when the addition or extension meets all requirements of this Title.
3. A non-conforming structure may be restored or rehabilitated if it is not changed
in size or shape, provided that the use of the structure is not changed except if in
conformance with the procedures of Section 18.68.090.A.1 above.
4. Nothing in this section shall be deemed to prevent the normal maintenance and
repair of a non-conforming structure or its restoration to a safe condition when
declared to be unsafe by any official charged with protecting public safety.
5. A legal nonconforming structure or nonconforming use that is damaged to an
extent of 50% or more of its replacement cost may be restored only if the
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 35 -
damage was not intentionally caused by the property owner and the
nonconformity is not increased. Any residential structure(s), including multiple-
family, in a residential zone damaged beyond 50% of its replacement cost by a
catastrophe, such as fire that is not intentionally caused by the owner, may be
reconstructed at the original density provided the reconstruction is commenced
within 2 years after the catastrophe.
B. Discontinuance. If the nonconforming use of a building structure or premises
ceases for a period of six (6) months or more, said use shall be considered
abandoned; and said building, structure, or premises shall thereafter be used only
for uses permitted in the district in which it is located. Discontinuance shall not
include a period of active reconstruction following a fire or other result of natural
hazard; and the Planning Commission may extend the discontinuance period in the
event of special unique unforeseen circumstances.
C. Reactivation. A non-conforming use, which has been abandoned for a period of
more than six (6) months, may be reactivated to an equivalent or more restricted
use through the Conditional Use and Site Review process. In evaluating whether or
not to permit the reactivation of a non-conforming use, the Planning Commission, in
addition to using the criteria required for a Conditional Use Permit and Site Review,
shall also use the following additional criteria:
1. That any improvements for the reactivation of the non-conforming use on the site
shall be less than fifty (50%) percent of the value of the structure. The value of
the structure shall be determined by an independent real estate appraiser
licensed in the State of Oregon. The value of the improvement shall be
determined based upon copies of the contractor's bid for said improvements,
which shall be required with the Conditional Use permit application. Personal
property necessary for the operation of the business or site improvements not
included in the structure shall not be counted as improvements under this
criterion.
2. An assessment that the traffic generated by the proposed use would not be
greater than permitted uses on the site. In assessing the traffic generated by the
proposed use, the Planning Commission shall consider the number of vehicle trips
per day, the hours of operation, and the types of traffic generated; i.e., truck or
passenger vehicle. The Planning Commission shall modify the Conditional Use
Permit so that the operation of the non-conforming use is limited to the same
traffic impact as permitted uses in the same zone.
3. That the noise generated by the proposal will be mitigated so that it complies
with the Ashland Noise Ordinance, Chapter 9.08.170, and also that it does not
exceed the average ambient noise level already existing in the area, as measured
by this standard.
4. That there will be no lighting of the property which would have direct illumination
on adjacent uses and that there would be no reflected light from the property
greater than the amount of reflected light from any permitted use in that same
zone.
5. In a residential zone the findings must further address that such reactivation will
further implement Goal VI, Policy 2, Housing Chapter of the Ashland
Comprehensive Plan.
6. Nothing herein shall apply to non-conforming signs, which are governed by the
provisions of Section 18.96.150 of this Code.
D. Building or structure: Nothing contained in this Title shall require any change in
the plans, construction, alteration, or designated use of a structure for which a
building permit has been issued and construction has commenced prior to the
adoption of the ordinance codified herein and subsequent amendments thereto,
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 36 -
except that if the designated use will be nonconforming, it shall, for the purpose of
subsection (B) of this Section, be a discontinued use if not in operation within two
(2) years of the date of issuance of the building permit.
SECTION 74, 18.68.110, General Regulations, Front Yard – General Exception, of
the Ashland Municipal Code, is amended to read as follows:
18.68.110, Front Yard—General Exception
A. If there are dwellings or accessory buildings on both abutting lots (even if separated
by an alley or private way) with front or side yards abutting a public street with less
than the required setback for the district, the front yard for the lot need not exceed
the average yard of the abutting structures.
B. If there is a dwelling or accessory building on one (1) abutting lot with a front yard
of less than the required depth for the district, the front yard need not exceed a
depth one-half ('h) way between the depth of the abutting lot and the required front
yard depth.
C. The front yard may be reduced to ten (10) feet on hillside lots where the terrain has
an average steepness equal to, or exceeding a one (1) foot rise or fall in four (4) feet
of horizontal distance within the entire required yard, said vertical rise or fall to be
measured from the natural ground level at the property line.
SECTION 75, 18.68.140, General Regulations, Accessory Buildings and Structures,
of the Ashland Municipal Code, is amended to read as follows:
18.68.140 Accessory Buildings, Structures and Mechanical Equipment.
Accessory buildings and structures shall comply with all requirements for the
principal use except where specifically modified by this Title and shall comply with
the following limitations:
A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R
district.
B. A guest house may be maintained accessory to a single-family dwelling provided
there are no kitchen cooking facilities in the guest house.
C. Mechanical equipment shall not be located between the main structure on the site
and any street adjacent to a front or side yard, and every attempt shall be made
to place such equipment so that it is not visible from adjacent public streets.
Mechanical equipment and associated enclosures, no taller than allowed fence
heights, may be located within required side or rear yards, provided such
installation and operation is consistent with other provisions of this Title or the
Ashland Municipal Code, including but not limited to noise attenuation. Any
installation of mechanical equipment shall require a building permit.
D. Regardless of the side and rear yard requirements of the district, in a residential
district, a side or rear yard may be reduced to three (3) feet for an accessory
structure erected more than fifty (50) feet from any street, other than alleys,
provided the structure is detached and separated from other buildings and
structures by ten (10) feet or more, and is no more than fifteen (15) feet in
height. Any conversion of such accessory structure to an accessory residential
unit shall conform to other requirements of this Title for accessory residential
units, including any required planning action and/or site review.
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SECTION 76, 18.68.160, General Regulations, Driveway Grades, of the Ashland
Municipal Code, is amended to read as follows:
18.68.160 Driveway Grades.
Grades for new driveways in all zones shall not exceed a grade of 20% for any
portion of the driveway. All driveways shall be designed in accord with City of
Ashland standards and installed prior to issuance of a certificate of occupancy for
new construction. If required by the City, the developer or owner shall provide
certification of driveway grade by a licensed land surveyor. All vision clearance
standards associated with driveway entrances onto public streets shall not be subject
to the Variance section of this title.
SECTION 77, 18.72, Site Design and Use Standards, of the Ashland Municipal Code,
is amended to read as follows:
Chapter 18.72 SITE DESIGN REVIEW
SECTION 78, 18.72.030, Site Design and Use Standards, Application, of the
Ashland Municipal Code, is amended to read as follows:
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 by
the zoning regulations of this Code.
g. 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 an Historic District on the National Register of Historic
Places.
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
Ashland Land Use Ordinance Amendments Second Readina: April 1, 2008-D. 38 -
by ordinance and not located within the boundaries of the individual unit
parcel (e.g. shared parking).
d Any exterior change to a structure which requires a building permit and is
individually listed on the National Register of Historic Places.
e. Mechanical equipment not otherwise exempt from site design review per
Section 18.72.030(B).
B. Exemptions. The following development is exempt from Site Design Review
application and procedure requirements provided that the development complies
with applicable standards as set forth by this Chapter.
1. Detached single family dwellings and associated accessory structures and
uses.
2. Land divisions regulated by the following chapters: Partitioning (18.76),
Subdivisions (18.80), Manufactured Housing (18.84) and Performance
Standards (18.88).
3. The following mechanical equipment:
a. Private, non-commercial radio and television antennas not exceeding a
height of seventy (70) feet above grade or thirty (30) feet above an
existing structure, whichever height is greater and provided no part of
such antenna shall be within the yards required by this Title. A building
permit shall be required for any antenna mast, or tower over fifty (50)
feet above grade or thirty (30) feet above an existing structure when the
same is constructed on the roof of the structure.
b. Not more than three (3) parabolic disc antennas, each under one (1)
meter in diameter, on any one lot or dwelling unit.
c. Roof-mounted solar collection devices in all zoning districts, with the
exception of Employment and Commercial zoned properties located within
designated historic districts. The devices shall comply with solar setback
standards described in 18.70 and height requirements of the respective
zoning district.
d. Installation of mechanical equipment not exempted by (a, b, c) above or
(e) below, and which is not visible from a public right-of-way or adjacent
residentially zoned property and consistent with other provisions of this
Title, including solar access, noise, and setback requirements of Section
18.68.140(c).
e. Routine maintenance and replacement of existing mechanical equipment
in all zones.
SECTION 79, 18.72.040, Approval Process, of the Ashland Municipal Code, is
amended to read as follows:
18.72.040, Approval Process.
Development subject to site design review shall be reviewed in accordance with the
procedures set forth in Chapter 18.108.
SECTION 80, 18.72.050, Site Design and Use Standards, Detail Site Review Zone,
of the Ashland Municipal Code, is amended to read as follows:
18.72.050 Detail Site Review Zone.
A. The Detail Site Review Zone is that area defined in the Site Design Standards
adopted pursuant to Section 18.72.080.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 39 -
B. Any development in the Detail Site Review Zone as defined in the Site Review
Standards adopted pursuant to this chapter, which exceeds 10,000 square feet or
is longer than 100 feet in length or width, shall be reviewed according to the
Type 2 procedure.
C. Outside the Downtown Design Standards Zone, new buildings or expansions of
existing buildings in the Detail Site Review Zone shall conform to the following
standards:
1. Buildings sharing a common wall or having walls touching at or above grade shall
be considered as one building.
2. Buildings shall not exceed a building footprint area of 45,000 square feet as
measured outside the exterior walls and including all interior courtyards. For the
purpose of this section an interior courtyard means a space bounded on three or
more sides by walls but not a roof.
3. Buildings shall not exceed a gross floor area of 45,000 square feet, including all
interior floor space, roof top parking, and outdoor retail and storage areas, with
the following exception:
Automobile parking areas located within the building footprint and in the
basement shall not count toward the total gross floor area.
4. Buildings shall not exceed a combined contiguous building length of 300 feet.
Inside the Downtown Design Standards Zone, new buildings or expansions of existing
buildings shall not exceed a building footprint area of 45,000 sq. ft. or a gross floor area
of 45,000 sq. ft., including roof top parking, with the following exception:
Automobile parking areas located within the building footprint and in the basement shall
not count toward the total gross floor area.
SECTION 81, 18.72.060, Site Design and Use Standards, Plans Required, of the
Ashland Municipal Code, is amended to read as follows:
18.72.060, Plans Required
The following submittals shall be required in order to determine the project's
compliance with this Chapter:
A site plan containing the following:
A. Project name.
B. Vicinity map.
C. Scale (the scale shall be at least one (1) inch equals fifty (50) feet or larger. The
Staff Advisor may authorize different scales and plan sheet sizes for projects,
provided the plans provide sufficient information to clearly identify and evaluate
the application request.
D. North arrow.
E. Date.
F. Street names and locations of all existing and proposed streets within or on the
boundary of the proposed development.
G. Lot layout with dimensions for all lot lines.
H. Zoning designations of the proposed development.
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I. Zoning designations adjacent to the proposed development.
J. Location and use of all proposed and existing buildings, fences and structures
within the proposed development. Indicate which buildings are to remain and
which are to be removed.
K. Location and size of all public utilities in and adjacent to the proposed
development with the locations shown of:
1. Water lines and meter sizes.
2. Sewers, manholes and cleanouts.
3. Storm drainage and catch basins.
4. Opportunity-to-recycle site and solid waste receptacle, including proposed
screening.
L. The proposed location of:
1. Connection to the City water system.
2. Connection to the City sewer system.
3. Connection to the City electric utility system.
4. The proposed method of drainage of the site.
M. Location of drainage ways or public utility easements in and adjacent to the
proposed development.
N. Location, size and use of all contemplated and existing public areas within the
proposed development.
O. All fire hydrants proposed to be located near the site and all fire hydrants
proposed to be located within the site.
P. A topographic map of the site at a contour interval of at least five (5) feet.
Q. Location of all parking areas and all parking spaces, ingress and egress on the
site, and on-site circulation.
R. Use designations for all areas not covered by building.
S. Locations of all existing natural features including, but not limited to, any existing
trees of a caliber greater than six inches diameter at breast height, except in
forested areas, and any natural drainage ways or creeks existing on the site, and
any outcroppings of rocks, boulders, etc. Indicate any contemplated
modifications to a natural feature.
T. A landscape plan showing the location, type and variety, size and any other
pertinent features of the proposed landscaping and plantings. At time of
installation, such plans shall include a layout of irrigation facilities and ensure the
plantings will continue to grow.
U. The elevations and locations of all proposed signs for the development.
V. For non-residential developments proposed on properties located in a Historic
District, an exterior wall section, window section and drawings of architectural
details (e.g. column width, cornice and base detail, relief and projection, etc.)
drawn to a scale of three-fourths (3/4) of an inch equals one (1) foot or larger.
W. Exterior elevations of all buildings to be proposed on the site. Such plans shall
indicate the material, color, texture, shape and other design features of the
building, including all mechanical devices. Elevations shall be submitted drawn to
scale of one inch equals ten feet or greater.
X. A written summary showing the following:
1. For commercial and industrial developments:
a. The square footage contained in the area proposed to be developed.
b. The percentage of the lot covered by structures.
c. The percentage of the lot covered by other impervious surfaces.
d. The total number of parking spaces.
e. The total square footage of all landscaped areas.
2. For residential developments:
a. The total square footage in the development.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 41 -
b. The number of dwelling units in the development (include the units by the
number of bedrooms in each unit, e.g., ten one-bedroom, 25 two-
bedroom, etc).
c. Percentage of lot coverage by:
i. Structures.
ii. Streets and roads.
iii. Recreation areas.
iv. Landscaping.
v. Parking areas.
3. For all developments, the following shall also be required: The method and
type of energy proposed to be used for heating, cooling and lighting of the
building, and the approximate annual amount of energy used per each source
and the methods used to make the approximation.
SECTION 82, 18.72.080, Site Design and Use Standards, Site Design Standards, of
the Ashland Municipal Code, is amended to read as follows:
18.72.080 Site Design Standards.
A. The Council may adopt standards by ordinance for site design and use. These
standards may contain:
1. Additional approval criteria for developments affected by this Chapter.
2. Information and recommendations regarding project and unit design and layout,
landscaping, energy use and conservation, and other considerations regarding
the site design.
3. Interpretations of the intent and purpose of this Chapter applied to specific
examples.
4. Other information or educational materials the Council deems advisable.
B. Before the Council may adopt or amend the guidelines, a public hearing must be held
by the Planning Commission and a recommendation and summary of the hearing
forwarded to the Council for its consideration.
C. The Site Design and Use Standards adopted by Ordinance No's. 2690, 2800, 2825
and 2900, shall be applied as follows:
1. The Multi-family Residential Development Standards in Section II.B. shall be
applied to the construction of attached single-family housing (e.g. town homes,
condominiums, row houses, etc.).
2. The Commercial, Employment, and Industrial Development standards in Section
II.C. Shall be applied to non-residential development (e.g. public buildings,
schools, etc.).
SECTION 83, 18.72.105, Site Design and Use Standards, Expiration of Site Design
Review Approval, of the Ashland Municipal Code, is added and reads as follows:
18.72.105 Expiration of Site Design Review Approval_
Site design review approval granted under this Chapter shall expire if no building
permit or public improvement plan for the project has been approved by the City
within twelve (12) months of site design review approval.
SECTION 84, 18.72.120, Site Design and Use Standards, Controlled Access, of the
Ashland Municipal Code, is amended to read as follows:
18.72.120 Controlled access.
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A. Any partitioning or subdivision of property located in an R-2, R-3, C-1, E-1 or M-1
zone shall meet the controlled access standards set forth in section (B) 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. 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 85, 18.72.170. Site Design and Use Standards, Development Standards
for Disc Antennas, of the Ashland Municipal Code, is amended to read as follows:
18.72.170 Development Standards for Disc Antennas
A. Building Permit Required. All disc antennas shall be subject to review and approval
of the building official where required by the Building Code.
B. Development Standards. All disc antennas shall be located, designed, constructed,
treated and maintained in accordance with the following standards:
1. Antennas shall be installed and maintained in compliance with the requirements of
the Building Code.
2. Disc antennas exceeding one (1) meter in diameter shall not be permitted on the
roof, except where there is no other location on the lot which provides access to
receiving or transmitting signals. In no case shall any part of any antenna be
located more than ten feet above the apex of the roof surface. Antennas mounted
on the roof shall be located in the least visible location as viewed from adjacent
right-of-ways, and residential structures in residential zones.
3. No more than one disc antenna shall be permitted on each tract of land.
4. Ground mounted disc antennas shall be erected or maintained to the rear of the
main building, except in those instances when the subject property is cul-de-sac or
corner lot where the side yard is larger than the rear yard, in which case the
antenna may be located in the side yard. Antennas shall not be located in any
required setback area. No portion of an antenna array shall extend beyond the
property lines or into any front yard area. Guy wires shall not be anchored within
any front yard area but may be attached to the building.
5. Antennas may be ground-mounted, free standing, or supported by guy wires,
buildings, or other structures in compliance with the manufacturer's structural
specifications. Ground-mounted antennas shall be any antenna with its base
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 43 -
mounted directly in the ground, even if such antenna is supported or attached to
the wall of a building.
6. The antenna, including guy wires, supporting structures and accessory equipment,
shall be located and designed so as to minimize the visual impact on surrounding
properties and from public streets. Antennas shall be screened through the
addition of architectural features and/or landscaping that harmonize with the
elements and characteristics of the property. The materials used in constructing
the antenna shall not be unnecessarily bright, shiny, garish, or reflective.
Whenever possible, disc antennas shall be constructed out of mesh material and
painted a color that will blend with the background.
7. Antennas shall meet all manufacturers' specifications. The mast or tower shall be
non-combustible. Corrosive hardware, such as brackets, turnbuckles, clips and
similar type equipment if used, shall be protected by plating or otherwise to guard
against corrosion.
8. Every antenna must be adequately grounded, for protection against a direct strike
of lightning, with an adequate ground wire. Ground wires shall be of the type
approved by the latest edition of the Electrical Code for grounding masts and
lightning arrestors and shall be installed in a mechanical manner, with as few
bends as possible, maintaining a clearance of at least two inches from combustible
materials. Lightning arrestors shall be used that are approved as safe by the
Underwriters' Laboratories, Inc., and both sides of the line must be adequately
protected with proper arrestors to remove static charges accumulated on the line.
When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors
must be installed in each conductor. When coaxial cable or shielded twin lead is
used for lead-in, suitable protection may be provided without lightning arrestors by
grounding the exterior metal sheath.
9. Antennas may contain no sign or graphic design as defined in the Ashland Sign
Code, even if the sign is permitted on the property.
SECTION 86, 18.72.180, Site Design and Use Standards, Development Standards
for Wireless Communication Facilities, of the Ashland Municipal Code, is amended
to read as follows:
18.72.180 Development Standards for Wireless Communication Facilities.
A. Purpose and Intent - The purpose of this section is to establish standards that
regulate the placement, appearance and impact of wireless communication facilities,
while providing residents with the ability to access and adequately utilize the services
that these facilities support.
Because of the physical characteristics of wireless communication facilities, the
impact imposed by these facilities affect not only the neighboring residents, but the
community as a whole.
The standards are intended to ensure that the visual and aesthetic impacts of
wireless communication facilities are mitigated to the greatest extent possible,
especially in or near residential areas.
B. Submittals - In addition to the submittals required in section 18.72.060, the
following items shall be provided as part of the application for a wireless
communication facility.
1. A photo of each of the major components of a similar installation, including a
photo montage of the overall facility as proposed.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 44 -
2. Exterior elevations of the proposed wireless communication facility (min 1"=10').
3. A set of manufacturer's specifications of the support structure, antennas, and
accessory buildings with a listing of materials being proposed including colors of
the exterior materials.
4. A site plan indicating all structures, land uses and zoning designation within 150
feet of the site boundaries, or 300 feet if the height of the structure is greater
than 80 feet.
5. A map showing existing wireless communication facility sites operated by the
applicant within a 5 mile radius of the proposed site.
6. A collocation feasibility study that adequately indicates collocation efforts were
made and states the reasons collocation can or cannot occur.
7. A copy of the lease agreement for the proposed site showing that the agreement
does not preclude collocation.
8. Documentation detailing the general capacity of the tower in terms of the number
and type of antennas it is designed to accommodate.
9. Any other documentation the applicant feels is relevant to comply with the
applicable design standards.
10. Documentation that the applicant has held a local community meeting to inform
members of the surrounding area of the proposed wireless communication
facility. Documentation to include:
a. a copy of the mailing list to properties within 300' of the proposed facility.
b. a copy of the notice of community meeting, mailed one week prior to the
meeting.
c. a copy of the newspaper ad placed in a local paper one week prior to the
meeting.
d. a summary of issues raised during the meeting.
C. Design Standards - All wireless communication facilities shall be located, designed,
constructed, treated and maintained in accordance with the following standards:
1. General Provisions
a. All facilities shall be installed and maintained in compliance with the
requirements of the Building Code. At the time of building permit application,
written statements from the Federal Aviation Administration (FAA), the
Aeronautics Section of the Oregon Department of Transportation, and the
Federal Communication Commission that the proposed wireless
communication facility complies with regulations administered by that agency,
or that the facility is exempt from regulation.
b. All associated transmittal equipment must be housed in a building, above or
below ground level, which must be designed and landscaped to achieve
minimal visual impact with the surrounding environment.
c. Wireless communication facilities shall be exempted from height limitations
imposed in each zoning district.
d. WCF shall be installed at the minimum height and mass necessary for its
intended use. A submittal verifying the proposed height and mass shall be
prepared by a licensed engineer.
e. Signage for wireless communication facilities shall consist of a maximum of
two non-illuminated signs, with a maximum of two square feet each stating
the name of the facility operator and a contact phone number.
f. Applicant is required to remove all equipment and structures from the site
and return the site to its original condition, or condition as approved by the
Staff Advisor, if the facility is abandoned for a period greater than six months.
Removal and restoration must occur within 90 days of the end of the six
month period.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 45 -
2. Preferred Designs
a. Where possible, the use of existing WCF sites for new installations shall be
encouraged. Collocation of new facilities on existing facilities shall be the
preferred option.
b. If (a) above is not feasible, WCF shall be attached to pre-existing structures,
when feasible.
c. If (a) or (b) above are not feasible, alternative structures shall be used with
design features that conceal, camouflage or mitigate the visual impacts
created by the proposed WCF.
d. If (a), (b), or (c) listed above are not feasible, a monopole design shall be
used with the attached antennas positioned in a vertical manner to lessens
the visual impact compared to the antennas in a platform design. Platform
designs shall be used only if it is shown that the use of an alternate attached
antenna design is not feasible.
e. Lattice towers are prohibited as freestanding wireless communication support
structures.
3. Landscaping. The following standards apply to all WCF with any primary or
accessory equipment located on the ground and visible from a residential use or
the public right-of-way
a. Vegetation and materials shall be selected and sited to produce a drought
resistant landscaped area.
b. The perimeter of the WCF shall be enclosed with a security fence or wall.
Such barriers shall be landscaped in a manner that provides a natural sight
obscuring screen around the barrier to a minimum height of six feet.
c. The outer perimeter of the WCF shall have a 10 foot landscaped buffer zone.
d. The landscaped area shall be irrigated and maintained to provide for proper
growth and health of the vegetation.
e. One tree shall be required per 20 feet of the landscape buffer zone to provide
a continuous canopy around the perimeter of the WCF. Each tree shall have a
caliper of 2 inches, measured at breast height, at the time of planting.
4. Visual Impacts
a. Antennas, if attached to a pre-existing or alternative structure shall be
integrated into the existing building architecturally and, to the greatest extent
possible, shall not exceed the height of the pre-existing or alternative
structure.
b. Wireless communication facilities shall be located in the area of minimal visual
impact within the site which will allow the facility to function consistent with
its purpose.
c. Antennas, if attached to a pre-existing or alternative structure shall have a
non-reflective finish and color that blends with the color and design of the
structure to which it is attached.
d. WCF, in any zone, must be set back from any residential zone a distance
equal to twice its overall height. The setback requirement may be reduced if,
as determined by the Hearing Authority, it can be demonstrated through
findings of fact that increased mitigation of visual impact can be achieved
within of the setback area. Underground accessory equipment is not subject
to the setback requirement.
e. Exterior lighting for a WCF is permitted only when required by a federal or
state authority.
f. All wireless communication support structures must have a non-reflective
finish and color that will mitigate visual impact, unless otherwise required by
other government agencies.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 46 -
g. Should it be deemed necessary by the Hearing Authority for the mitigation of
visual impact of the WCF, additional design measures may be required.
These may include, but are not limited to: additional camouflage materials
and designs, facades, specific colors and materials, masking, shielding
techniques.
5. Collocation standards
a. Each addition of an antenna to an existing WCF requires a building permit,
unless the additional antenna increases the height of the facility more than
ten feet.
b. Addition of antennas to an existing WCF that increases the overall height of
the facility more than ten feet is subject to a site review."(ORD 2802, S3
1997)
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")
CUP
Prohibited
Prohibited
C-1
CUP
CUP
Prohibited
C-1-D (Downtown)(2)
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(2)
CUP
Prohibited
Prohibited
A-1 (Airport Overlay)
CUP
CUP
CUP
HC (Health Care)
CUP
Prohibited
Prohibited
SECTION 88, 18.76.050, Partitions, Preliminary Approval by the Planning
Commission, of the Ashland Municipal Code, is amended to read as follows:
18.76.050, Preliminary Approval
An application for a preliminary partition shall be approved when the following
conditions exist:
A. The future use for urban purposes of the remainder of the tract will not be
impeded.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 47 -
B. The development of the remainder of any adjoining land or access thereto will
not be impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution applicable
to the land.
E. The partitioning is in accordance with the design and street standards contained
in the Chapter 18.88, Performance Standards Options. (Ord 2836 S8, 1999)
F. When there exist adequate public facilities, or proof that such facilities can be
provided, as determined by the Public Works Director and specified by City
documents, for water, sanitary sewers, storm sewer, and electricity.
G. When there exists a 20-foot wide access along the entire street frontage of the
parcel to the nearest fully improved collector or arterial street, as designated in
the Comprehensive Plan. Such access shall be improved with an asphaltic
concrete pavement designed for the use of the proposed street. The minimum
width of the street shall be 20-feet with all work done under permit of the Public
Works Department.
1. The Public Works Director may allow an unpaved street for access for a minor
land partition when all of the following conditions exist:
a. The unpaved street is at least 20-feet wide to the nearest fully improved
collector or arterial street.
b. The centerline grade on any portion of the unpaved street does not
exceed ten percent.
2. Should the partition be on an unpaved street and paving is not required, the
applicant shall agree to participate in the costs and to waive the rights of the
owner of the subject property to remonstrate both with respect to the owners
agreeing to participate in the cost of full street improvements and to not
remonstrate to the formation of a local improvement district to cover such
improvements and costs thereof. Full street improvements shall include
paving, curb, gutter, sidewalks and the undergrounding of utilities. This
requirement shall be precedent to the signing of the final survey plat, and if
the owner declines to so agree, then the application shall be denied.
H. Where an alley exists adjacent to the partition, access may be required to be
provided from the alley and prohibited from the street.
SECTION 89, 18.76.060, Partitions, Preliminary Approval of Flag Partitions, of the
Ashland Municipal Code, is amended to read as follows:
18.76.060, Preliminary Approval of Flag Partitions
Partitions involving the creation of flag lots shall be approved by the Planning
Commission if the following conditions are satisfied:
A. Conditions of the previous section have been met.
B. Except as provided in subsection 18.76.060.K, the flag drive for one flag lot
shall have a minimum width of 15 feet, and a 12 foot paved driving surface.
For drives serving two lots, the flag drive shall be 20 feet wide, with 15 feet of
driving surface to the back of the first lot, and 12 feet, respectively, for the
rear lot. Drives shared by adjacent properties shall have a width of 20 feet,
with a 15 foot paved driving surface.
Flag drives shall be constructed so as to prevent surface drainage from
flowing over sidewalks or other public ways. Flag drives shall be in the same
ownership as the flag lots served. Where two or more lots are served by the
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 48 -
same flag drive, the flag drive shall be owned by one of the lots and an
easement for access shall be granted to the other lot or lots. There shall be
no parking 10 feet on either side of the flag drive entrance.
Flag drive grades shall not exceed a maximum grade of 15%. Variances may
be granted for flag drives for grades in excess of 15% but no greater than
18% for no more than 200'. Such variances shall be required to meet all of
the criteria for approval as found in 18.100.
Flag drives serving structures greater than 24 feet in height, as defined in
18.08.290, shall provide a Fire Work Area of 20 feet by 40 feet within 50 feet
of the structure. The Fire Work Area requirement shall be waived if the
structure served by the drive has an approved automatic sprinkler system
installed.
Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads
under the Oregon Fire Code and subject to all requirements thereof.
When required by the Oregon Fire Code, flag drives greater than 150 feet in
length shall provide a turnaround as defined in the Performance Standards
Guidelines in 18.88.090. The Staff Advisor, in coordination with the Fire Code
Official, may extend the distance of the turnaround requirement up to a
maximum of 250 feet in length as allowed by Oregon Fire Code access
exemptions.
C. Each flag lot has at least three parking spaces situated in such a manner as to
eliminate the necessity for backing out.
D. Curb cuts have been minimized, where possible, through the use of common
driveways.
E. Both sides of the flag drive have been screened with a site-obscuring fence,
wall or evergreen hedge to a height of from four to six feet, except in the
front yard setback area where, starting five feet from the property line, the
height shall be from 30 to 42 inches in the remaining setback area. Such
fence or landscaping shall be placed at the extreme outside of the flag drive
in order to ensure adequate fire access.
F. The applicant has executed and filed with the Planning Department an
agreement between applicant and the city for paving and screening of the flag
drive. Such an agreement shall specify the period within which the applicant,
or agent for applicant, or contractor shall complete the paving to standards as
specified by the Director of Public Works and screening as required by this
section, and providing that if applicant should fail to complete such work
within such period, the City may complete the same and recover the full cost
and expense thereof from the applicant. An agreement shall also provide for
the maintenance of the paving and screening to standards as indicated in this
section and the assurance that such maintenance shall be continued.
G. A site plan has been approved by the Planning Commission. The site plan
shall be approved provided the regulations of the zoning and subdivision titles
are satisfied. Such a site plan shall contain the map requirements listed in
Section 18.76.050 and the following information:
1. The location of driveways, turnarounds parking spaces and useable yard
areas.
2. The location and type of screening.
3. For site plans of a flag lot, the building envelope shall be identified.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 49 -
H. No more than two lots are served by the flag drive.
I. For the purpose of meeting the minimum lot area requirement, the lot area,
exclusive of the flag drive area, must meet the minimum square footage
requirements of the zoning district.
J. Flag lots shall be required to provide a useable yard area that has a minimal
dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term
"useable yard area" means a private yard area which is unobstructed by a
structure or automobile from the ground upward.
K. Flag lots adjacent to an alley shall meet all of the requirements of this
section, except that:
1. Vehicle access shall be from the alley only where required as a condition
of approval;
2. No screening and paving requirements shall be required for the flagpole;
3. A four foot pedestrian path shall be installed within the flag pole,
improved and maintained with either a concrete, asphalt, brick, or paver
block surface from the street to the buildable area of the flag lot;
4. The flag pole width shall be no less than eight feet wide and the entrance
of the pole at the street shall be identified by the address of the flag lot
clearly visible from the street on a 4" X 4" post 31/z feet high. The post
shall be painted white with black numbers 3 inches high running vertically
down the front of the post. For flagpoles serving two or more dwellings,
the addresses of such dwellings shall be on a two feet by three feet white
sign clearly visible from the street with three inch black numbers.
SECTION 90, 18.76.075, Partitions, Expiration of Preliminary Partition Plan, of the
Ashland Municipal Code, is added and reads as follows:
18.76.075, Expiration.of Preliminary Partition Plan.
Preliminary partition plans approved under this Chapter shall expire if a final partition
plat has not been approved by the City within eighteen (18) months of preliminary
plan approval.
SECTION 91, 18.88.050.E., Performance Standards Options, Street Standards,
Street Grade, of the Ashland Municipal Code, is amended to read as follows:
18.88.050 Street Standards.
E. Street Grade. Street grades measured at the street centerline for dedicated streets
and flag drives shall be as follows:
1. Street and private drive grades in Performance Standards Developments shall not
exceed a maximum grade of 15%. No variance may be granted to this section
for public streets. Variances may be granted for private drives for grades in
excess of 15% but not greater than 18% for no more than 200'. Such variances
shall be required to meet all of the criteria for approval as found in 18.100.
Private drives serving structures greater than 24' in height, as defined in 18.08.290,
shall provide a Fire Work Area of 20' by 40' within 50' of the structure. The Fire
Work Area requirement shall be waived if the structure served by the drive has an
approved automatic sprinkler system installed.
Private drives and work areas shall be deemed Fire Lanes and subject to all
requirements
thereof.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 50 -
When required by the Oregon Fire Code, private drives greater than 150 feet
in length shall provide a turnaround as defined in the Performance Standards
Guidelines as provided in 18.88.090. The Staff Advisor, in coordination with
the Fire Code Official, may extend the distance of the turnaround requirement
up to a maximum of 250 feet in length as allowed by Oregon Fire Code access
exemptions.
SECTION 92, 18.92.070, Off-Street Parking, Automobile Parking Design
Requirements, of the Ashland Municipal Code, is amended to read as follows:
18.92.070 Automobile Parking Design Requirements
A. Size and Access. All required parking areas shall be designed in accordance with
the parking layout chart at the end of this Chapter. Parking spaces shall be a
minimum of 9 x 18 feet, except that 50% of the spaces may be compact spaces in
accord with 18.92.050. Parking spaces shall have a back-up maneuvering space no
less than twenty-two (22) feet except where parking is angled, and which does not
necessitate moving of other vehicles.
B. Driveways and Turn-Arounds. Driveways and turn-arounds providing access to
parking areas shall conform to the following provisions:
1. A driveway for a single dwelling shall have a minimum width of nine feet, and a
shared driveway serving two units shall have a width of 12 feet.
2. Parking areas of more than seven parking spaces per lot shall be provided with
adequate aisles or turn-around areas so that all vehicles may enter the street in a
forward manner.
3. Parking areas of more than seven parking spaces shall be served by a driveway
20 feet in width and constructed to facilitate the flow of traffic on or off the site,
with due regard to pedestrian and vehicle safety, and shall be clearly and
permanently marked and defined. Parking areas of seven spaces or less shall be
served by a driveway 12 feet in width.
4. Shared Use of Driveways and Curb Cuts.
a. Developments subject to a planning action or divisions of property, either by
minor land partition or subdivision, shall minimize the number of driveway
intersections with streets by the use of shared driveways with adjoining lots
where feasible. In no case shall driveways be closer than 24 feet as measured
from the bottom of the existing or proposed apron wings of the driveway
approach.
b. Plans for property being partitioned or subdivided or for multi-family
developments shall indicate how driveway intersections with streets have
been minimized through the use of shared driveways and shall indicate all
necessary access easements.
c. Developments subject to a planning action shall remove all curb cuts and
driveway approaches not shown to be necessary for existing improvements or
the proposed development. Cuts and approaches shall be replaced with
standard curb, gutter or sidewalk as appropriate. All replacement shall be
done under permit of the Engineering Division.
C. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a
minimum vertical clearance of 13'6" for their entire length and width.
D. Vision Clearance. No obstructions may be placed in the vision clearance area
except as set forth in Section 18.68.020
E. Development and Maintenance. The development and maintenance as provided
below, shall apply in all cases, except single-family dwellings.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 51 -
1. Paving. All required parking areas, aisles, turn-arounds and driveways shall be
paved with concrete, asphaltic or comparable surfacing, constructed to standards
on file in the office of the City Engineer.
2. Drainage. All required parking areas, aisles and turn-arounds shall have
provisions made for the on-site collection of drainage waters to eliminate sheet
flow of such waters onto sidewalks, public rights-of-way, and abutting private
property.
3. Driveway approaches. Approaches shall be paved with concrete surfacing
constructed to standards on file in the office of the City Engineer.
4. Marking. Parking lots of more than seven spaces shall have all spaces
permanently and clearly marked.
5. Wheel stops. Wheel stops shall be a minimum of four inches in height and
width and six feet in length. They shall be firmly attached to the ground and so
constructed as to withstand normal wear. Wheel stops shall be provided where
appropriate for all spaces abutting property lines, buildings, landscaping, and no
vehicle shall overhang a public right-of-way.
6. Walls and Hedges.
a. Where parking abuts upon a street, a decorative masonry wall or evergreen
hedge screen of 30-42 inches in height and a minimum of 12" in width shall
be established parallel to and not nearer than two feet from the right-of-way
line. Screen planting shall be of such size and number to provide the required
screening within 12 months after installation. The area between the wall or
hedge and street line shall be landscaped. All vegetation shall be adequately
maintained by a permanent irrigation system, and said wall or hedge shall be
maintained in good condition. The required wall or screening shall be
designed to allow for free access to the site and sidewalk by pedestrians.
b. In all zones, except single-family zones, where parking facilities or driveways
are located adjacent to residential or agricultural zones, school yards, or like
institutions, a sight-obscuring fence, wall, or evergreen hedge not less than
five feet, nor more than six feet high shall be provided on the property line as
measured from the high grade side. Said wall, fence or hedge shall be
reduced to 30 inches within required setback area, or within 10 feet of street
property lines, and shall be maintained in good condition. Screen plantings
shall be of such size and number to provide the required screening within 12
months after installation. Adequate provisions shall be made to protect walls,
fences or plant materials from being damaged by vehicles using said parking
areas.
7. Landscaping. In all zones, all parking facilities shall include landscaping to
cover not less than 7% of the area devoted to outdoor parking facilities, including
the landscaping required in subdivision 6(a) above. Said landscaping shall be
uniformly distributed throughout the parking area, be provided with irrigation
facilities and protective curbs or raised wood headers. It may consist of trees,
plus shrubs, ground cover or related material. A minimum of one tree per seven
parking spaces is required.
8. Lighting of parking areas within 100 feet of property in residential zones shall be
directed into or on the site and away from property lines such that the light
element shall not be directly visible from abutting residential property.
SECTION 93, 18.96.070, Sign Regulations, Residential sign Regulations, of the
Ashland Municipal Code, is amended to read as follows:
18.96.070 Residential and North Mountain Sign Regulations.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 52 -
Signs in the_residential (R) and North Mountain (NM) districts shall conform to the
following regulations:
A. Special Provisions:
1. No sign or portion thereof shall extend beyond any property line of the
premises on which such sign is located.
2. Internally illuminated signs shall not be permitted.
3. Nothing contained herein shall be construed as permitting any type of sign in
conjunction with a commercial use allowed as a home occupation, as no signs are
allowed in conjunction with a home occupation. Signs in residential areas are
only permitted in conjunction with a Conditional Use.
B. Type of Signs Permitted.
1. Neighborhood identification signs. One sign shall be permitted at each
entry point to residential developments not exceeding an area of six square
feet per sign with lettering not over nine inches in height, located not over
three feet above grade.
2. Conditional Uses. Uses authorized in accordance with the Chapter on
Conditional Use Permits may be permitted one ground sign not exceeding an
overall height of five feet and an area of fifteen square feet, set back at least
ten feet from property lines; or one wall sign in lieu of a ground sign. Such
signs shall be approved in conjunction with the issuance of such conditional
use permit. Said signs shall not use plastic as part of the exterior visual
effect and shall not be internally illuminated.
3. Retail commercial uses allowed as a conditional use in the Railroad District
and traveler's accommodations in residential zones shall be allowed one wall
sign or one ground sign which meets the following criteria:
a. The total size of the sign is limited to six square feet.
b. The maximum height of any ground sign is to be three feet above grade.
c. The sign must be constructed of wood and cannot be internally
illuminated.
4. North Mountain Signs. Signs for approved non-residential uses within the
NM-R15, NM-C and NM Civic zones shall be permitted one ground sign not
exceeding an overall height of five feet and an area of fifteen square feet, set
back at least ten feet from property lines; or one wall or awning sign in lieu of
a ground sign. Said signs shall not use plastic as part of the exterior visual
effect and shall not be internally illuminated.
SECTION 94, 18.96.150, Sign Regulations, Governmental Signs, of the Ashland
Municipal Code, is amended to read as follows:
18.96.150 Governmental Signs.
Governmental agencies may apply for a Conditional Use to place a sign that does not
conform to this Code when it is_determined that, in addition to the criteria for a
conditional use, the sign is necessary to further that agency's public purpose.
SECTION 95, 18.108.015, Procedures, Pre-Application Conference, of the Ashland
Municipal Code, is amended to read as follows:
18.108.015, Pre-Application Conference, An applicant shall request a pre-
application conference prior to submitting an application for a Type I, II or III
planning action or an Expedited Land Division. The purpose of the conference shall
be to acquaint the applicant with the substantive and procedural requirements of the
Land Use Ordinance, provide for an exchange of information regarding applicable
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 53 -
elements of the comprehensive plan and development requirements and to identify
policies and regulations that create opportunities or pose significant constraints for
the proposed development. The Staff advisor is authorized to waive pre-application
conference requirements and to create procedures which allow for electronic or other
alternative forms of conferences.
SECTION 96, 18.108.017, Procedures, Applications, of the Ashland Municipal Code,
is amended to read as follows:
18.108.017 Applications.
A. In order to initiate a planning action, a complete application shall be submitted to the
Planning Department as set forth below.
1. Complete applications shall include:
a. All of the required information for the specific action requested,
b. Written findings of fact,
c. Complete and signed application form. The application must be signed by one
or more property owners of the property for which the planning action is
requested, or their authorized agents. The application shall not be considered
complete unless it is accompanied by the appropriate application fee.
2. Incomplete applications are subject to delay in accordance with ORS 227.178.
The City will inform the applicant of deficiencies within 30 days of application.
The applicant then has 31 days in which to provide a complete application. The
City will begin the appropriate application procedure when the application is
deemed complete, or at the end of the 31 day period.
3. The Staff Advisor is authorized to set standards and procedures for application
submittal requirements, including the number and type of applications required
(e.g. hard and/or electronic copies), size and format of applications (e.g. paper
size and electronic format), and dates when applications can be received. The
Staff Advisor shall make the requirements for application submittals readily
available to the public to review.
B. All applicants for Types I, II and III planning actions shall have completed a pre-
application conference for the project within a 6-month time period preceding the
filing of the application. This requirement may be waived by the Staff Advisor if in
the Staff Advisor's opinion the information to be gathered in a pre-application
conference already exists in the final application.
SECTION 97, 18.108.020, Procedures, Types of Procedures, of the Ashland
Municipal Code, is amended to read as follows:
18.108.020 Types of Procedures.
There are three general types of procedures: 1) ministerial actions; 2) planning
actions, and 3) legislative amendments. When a project proposal involves more
than one application and more than one type of procedure, the applications shall be
reviewed together by the same decision body and follow the highest level procedure
applying to any one of the applications.
A. Ministerial Actions. The Staff Advisor shall have the authority to review and
approve or deny the following matters which shall be ministerial actions:
1. Final subdivision plat approval. (18.80.050)
2. Final partition map approval. (18.76.120)
4. Minor amendments to subdivisions and partitions.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 54 -
5. Boundary line adjustments. (18.76.140)
6. Zoning permits. (18.112.010)
7. Sign permits. (18.96.050)
8. Home occupation permits. (18.94.130)
9. Extension of time limits for approved planning actions (18.112.030).
10. Mechanical equipment exempt from Site Review.
11. Conversion of existing multi-family dwelling units into for-purchase housing.
B. Planning Actions. All planning actions shall be subject to processing by one of the
four following procedures:
1. Type I Procedure
2. Type II Procedure
3. Type III Procedure
4. Expedited Land Divisions
C. Legislative Amendments. Legislative amendments shall be subject to the
procedures established in section 18.108.170.
SECTION 98, 18.108.025, Procedures, Consolidated Review Procedures, of the
Ashland Municipal Code, is added and reads as follows:
18.108.025 Consolidated Review Procedures.
An applicant may apply at one time for all permits or zone changes needed for a
development project. The consolidated procedure shall be subject to the time
limitations set out in ORS 227.178. The consolidated procedure shall follow the most
restrictive procedure in the development project.
SECTION 99, 18.108.030, Procedures, Expedited Land Divisions — Staff Permits, of
the Ashland Municipal Code, is amended to read as follows:
18.108.030, Expedited Land Divisions.
A. Applicability.
1. An expedited land division is an action that:
a. Includes land that is zoned for residential uses.
b. Is solely for the purposes of residential use, including recreational or open
space uses accessory to residential use.
c. Does not provide for dwellings or accessory buildings to be located on land
that is specifically mapped and designated for full or partial protection of
natural features that protect open spaces, physical and environmental
constraints per Chapter 18.62, riparian corridors, wetlands, designated
historic districts or structures.
d. Meets minimum standards in the Street Standards Handbook and Section
18.88.050.
e. Creates enough lots or parcels to allow building residential units at 80
percent (80%) or more of the maximum net density permitted by the
zoning designation of the site.
2. A land division that creates three or fewer parcels under ORS 92.010 and
ALUO 18.76.
3. An expedited land division as described in this section is not a land use
decision or a limited land use decision under ORS 197.015 or a permit under
ORS 227.160.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 55 -
4. All requirements outlined in Chapter 18.76 apply to expedited land divisions
except for those provisions modified within this section.
B. Procedure and Notice Requirements.
1. Application Completeness.
a. If the application for expedited land division is incomplete, the Staff
Advisor shall notify the applicant of exactly what information is missing
within 21 days of receipt of the application and allow the applicant to
submit the missing information. For purposes of computation of time
under this section, the application shall be deemed complete on the date
the applicant submits the requested information or refuses in writing to
submit it.
b. If the application was complete when first submitted or the applicant
submits the requested additional information within 180 days of the date
the application was first submitted, approval or denial of the application
shall be based upon the standards and criteria that were applicable at the
time the application was first submitted.
2. The city shall provide written notice of the receipt of the completed
application for an expedited land division to any state agency, local
government or special district responsible for providing public facilities or
services to the development and to owners of property within 100 feet of the
entire contiguous site for which the application is made. The notification list
shall be compiled from the most recent property tax assessment roll. For
purposes of appeal to the referee under ORS 197.375, this requirement shall
be deemed met when the local government can provide an affidavit or other
certification that such notice was given. Notice shall also be provided to any
neighborhood or community planning organization recognized by the
governing body and whose boundaries include the site.
3. The notice required under subsection (2) of this section shall:
a. State:
i. The deadline for submitting written comments;
ii. That issues that may provide the basis for an appeal to the referee
must be raised in writing prior to the expiration of the comment
period; and
iii. That issues must be raised with sufficient specificity to enable the local
government to respond to the issue.
b. Set forth, by commonly used citation,. the applicable criteria for the
decision.
c. Set forth the street address or other easily understood geographical
reference to the subject property.
d. State the place, date and time that comments are due.
e. State a time and place where copies of all evidence submitted by the
applicant will be available for review.
f. Include the name and telephone number of a local government contact
person.
g. Briefly summarize the local decision-making process for the expedited
land division decision being made.
4. After notice under subsections (2) and (3) of this section, the city shall:
a. Provide a 14-day period for submission of written comments prior to the
decision.
b. Make a decision to approve or deny the application within 63 days of
receiving a completed application, based on whether it satisfies the
substantive requirements of the local government's land use regulations.
An approval may include conditions to ensure that the application meets
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 56 -
the applicable land use regulations. For applications subject to this
section, the city:
i. Shall not hold a hearing on the application; and
ii. Shall issue a written determination of compliance or noncompliance
with applicable land use regulations that includes a summary
statement explaining the determination. The summary statement may
be in any form reasonably intended to communicate the local
government's basis for the determination.
c. Provide notice of the decision to the applicant and to those who received
notice under subsection (2) of this section within 63 days of the date of a
completed application. The notice of decision shall include:
i. The summary statement described in paragraph (b)(ii) of this
subsection; and
ii. An explanation of appeal rights under ORS 197.375
C. Appeals
1. An appeal of a decision made under ORS 197.360 and 197.365 shall be made
as follows:
a. An appeal must be filed with the local government within 14 days of
mailing of the notice of the decision under ORS 197.365 (4), and shall be
accompanied by a $300 deposit for costs.
b. A decision may be appealed by:
i. The applicant; or
ii. Any person or organization who files written comments in the time
period established under ORS 197.365.
c. An appeal shall be based solely on allegations:
i. Of violation of the substantive provisions of the applicable land use
regulations;
ii. Of unconstitutionality of the decision;
iii. That the application is not eligible for review under ORS 197.360 to
197.380 and should be reviewed as a land use decision or limited land
use decision; or
iv. That the parties' substantive rights have been substantially prejudiced
by an error in procedure by the local government.
2. The city shall appoint a referee to decide the appeal of a decision made under
ORS 197.360 and 197.365. The referee shall not be an employee or official of
the local government. The City Administrator is authorized to hire, under
contract on an as needed basis, a referee to decide such appeals. If the city
has designated a hearings officer under ORS 227.165, the City Administrator
may designate the hearings officer as the referee for appeals of a decision
made under ORS 197.360 and 197.365.
3. Within seven days of being appointed to decide the appeal, the referee shall
notify the applicant, the local government, the appellant if other than the
applicant, any person or organization entitled to notice under ORS 197.365
(2) that provided written comments to the local government and all providers
of public facilities and services entitled to notice under ORS 197.365 (2) and
advise them of the manner in which they may participate in the appeal. A
person or organization that provided written comments to the local
government but did not file an appeal under subsection (1) of this section
may participate only with respect to the issues raised in the written
comments submitted by that person or organization. The referee may use any
procedure for decision-making consistent with the interests of the parties to
ensure a fair opportunity to present information and argument. The referee
shall provide the local government an opportunity to explain its decision, but
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 57 -
is not limited to reviewing the local government decision and may consider
information not presented to the local government.
4. Referee Decision.
a. The referee shall apply the substantive requirements of the local
government's land use regulations and ORS 197.360. If the referee
determines that the application does not qualify as an expedited land
division as described in ORS 197.360, the referee shall remand the
application for consideration as a land use decision or limited land use
decision. In all other cases, the referee shall seek to identify means by
which the application can satisfy the applicable requirements.
b. The referee may not reduce the density of the land division application.
The referee shall make a written decision approving or denying the
application or approving it with conditions designed to ensure that the
application satisfies the land use regulations, within 42 days of the filing of
an appeal. The referee may not remand the application to the local
government for any reason other than as set forth in this subsection.
5 Unless the governing body of the local government finds exigent
circumstances, a referee who fails to issue a written decision within 42 days
of the filing of an appeal shall receive no compensation for service as referee
in the appeal.
6. Notwithstanding any other provision of law, the referee shall order the city to
refund the deposit for costs to an appellant who materially improves his or
her position from the decision of the local government. The referee shall
assess the cost of the appeal in excess of the deposit for costs, up to a
maximum of $500, including the deposit paid under subsection (1) of this
section, against an appellant who does not materially improve his or her
position from the decision of the local government. The local government
shall pay the portion of the costs of the appeal not assessed against the
appellant. The costs of the appeal include the compensation paid the referee
and costs incurred by the local government, but not the costs of other parties.
D. Effective Date of Decision. Unless appealed within 14 days of mailing a notice of
decision, the Staff Advisor decision becomes final on the 15th day. Appeals shall
be considered as set forth in ALUO 18.108.030(C) and ORS 197.375.
SECTION 100, 18.108.040, Procedures, Type I Procedure, of the Ashland
Municipal Code, is amended to read as follows:
18.108.040 Type I Procedure.
A. Actions Included. The following planning actions shall be subject to the Type ]
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
Ashland Land Use Ordinance Amendments Second Readina: April 1, 2008-o. 58 -
2.
3.
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. Expansion of impervious surface area in excess of 10% of the area of the
site or 1,000 square feet, whichever is less
iii. 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.
iv. 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.
v. 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. 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 an 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
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.
Miscellaneous Actions.
a. Amendment or modification to conditions of approval for Type I planning
actions.
b. Amendment or modification to conditions of approval for Type II actions
where the modification involves only changes to tree removal and/or
building envelopes for planning actions.
c. Physical and Environmental Constraints Review permits as allowed in
Chapter 18.62.
d. Tree removal permits as required by Section 18.61.042(D).
Conditional Use Permits. The following conditional use permits are subject to
Type I review procedures:
a. Conditional use permits involving existing structures or additions to existing
structures, and not involving more than three (3) residential dwelling units
b. Temporary uses.
c. Enlargement, expansion, etc. of nonconforming structures in accordance with
18.68.090(2).
d. Government signs per Section 18.96.150.
e. The following uses in Residential zones:
i. Accessory residential units
ii. Daycare centers.
iii. Public and public utility buildings, structures and uses less than 2,500
square feet in building footprint and disturbs less than 7,500 square feet
of land.
iv. Structures in excess of 35 feet in R-3 zone.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 59 -
v. All new structures, additions or expansions that exceed MPFA in historic
district up to 25%, but the addition is no larger than 300 s.f. or 10% of
the existing floor area, whichever is less.
vi. Hostels.
vii. Public Parking Lots in the NM-C zone.
viii.Community Services in the NM-R15 zone.
f. The following uses in Commercial or Industrial zones:
i. Electrical substations
ii. Outdoor storage of commodities.
g. The following uses in the Health Care Services Zone:
i. Limited personal service providers in the home, such as beauticians and
masseurs.
ii. Professional offices for an accountant, architect, attorney, designer,
engineer, insurance agent or adjuster, investment or management
counselor or surveyor.
iii. Any medically-related use, located on City-owned property that is not
specifically allowed by the Ashland Community Hospital Master Facility
Plan.
h. Conditional uses in the Southern Oregon University District.
4. Variances for:
a. Sign placement.
b. Non-conforming signs, when bringing them into conformance as described in
section 18.96.130.D.
c. Up to 50% reduction of standard yard requirements.
d. Parking in setback areas.
e. Up to 10% reduction in the number of required parking spaces.
f. Up to 10% reduction in the required minimum lot area.
g. Up to 10% increase in the maximum lot coverage percentage.
h. Up to 20% reduction in lot width or lot depth requirements.
i. Up to 50% reduction for parking requirements in Ashland's Historic District as
described in section 18.92.055.
j. Up to 10% variance on height, width, depth, length or other dimension not
otherwise listed in this section.
k. Site Design and Use Standards as provided in section 18.72.090.
5. Partitions and Land Divisions.
a. Partitions which require no variances or only variances subject to Type I
procedures.
b. Creation of a private way, as allowed in section 18.80.030.B.
c. Final Plan Approval for Performance Standards Subdivisions.
6. Any other planning action designated as subject to the Type I Procedure.
7. Prior to the Staff Advisor providing notice of application and making a decision,
applicants or the Staff Advisor may request planning actions subject to a Type I
procedure be heard by the Commission or Hearings Board. In such case, the Staff
Advisor shall not make a decision and shall schedule a hearing before the
Commission or Hearings Board to be heard as provided in section 18.108.050.
B. Notice of Application.
1. Within 10 days of the city's determination that an application is complete, but no
less than 20 days before the Staff Advisor makes a decision, written notice of the
application shall be mailed to all of the following:
a. Applicant.
b. Owners of the subject property.
c. Owners of properties located within 200 feet of the perimeter of the subject
property.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-D. 60 -
C.
D
d. Neighborhood group or community organization officially recognized by the
city council that includes the area of the subject property.
e. For final partitions, final subdivisions, and final Outline Plans, to interested
parties of record from the tentative decision.
f. For modification applications, to persons who requested notice of the original
application that is being modified.
2. The written notice shall include all of the following:
a. The street address or other easily understood geographical reference to the
subject property.
b. The applicable criteria for the decision, listed by commonly used citation.
c. The place, date, and time that comments are due.
d. A statement that copies of all evidence relied upon by the applicant are
available for review, and can be obtained at cost.
e. A statement that issues that may provide the basis for an appeal to the Land
Use Board of Appeals must be raised in writing and with sufficient specificity
to enable the decision maker to respond to the issue.
f. The name and phone number of a city contact person.
g. A brief summary of the local decision making process for the decision being
made.
3. Posted Notice. A notice shall be posted on the subject property in such a manner
as to be clearly visible from a public right-of-way. Posting shall occur no later
than the date of mailing notice of application.
4. Notices shall allow a 14-day period for the submission of written comments,
starting from the date of mailing. All comments must be received by the city
within that 14-day period.
Decision. Within 45 days of the city's determination that an application is complete,
unless the applicant agrees to a longer time period, the Staff Advisor shall approve,
conditionally approve, or deny a Type I application.
Notice of Decision.
1 Within 5 days after the Staff Advisor renders a decision, the city shall mail notice
of the decision to the following:
a. Applicant.
b. Owner and occupants of the subject property.
c. Neighborhood group or community organization officially recognized by the
city that includes the area of the subject property.
d. Any group or individual who submitted written comments during the comment
period.
e. Those groups or individuals who requested notice of the decision.
f. Property owners and occupants of property located within 200 feet of the
perimeter of the subject property.
2. The notice shall include all of the following:
a. A description of the nature of the decision of the Staff Advisor.
b. An explanation of the nature of the application and the proposed use or uses
which could be authorized.
c. The street address or other easily understood geographical reference to the
subject property.
d. The name of a city representative to contact and the telephone number where
additional information may be obtained.
e. A statement that a copy of the application, all documents and evidence
submitted by or on behalf of the applicant and applicable criteria are available
for inspection at no cost and will be provided at reasonable cost.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 61 -
f. A statement that any person who was mailed a written notice of the Staff
Advisor's decision may request reconsideration or appeal as provided in ALUO
18.108.070(B)(2).
g. A statement that the Staff Advisor's decision will not become final until the
period for filing a local appeal has expired.
h. An explanation that a person who is mailed written notice of the Staff
Advisor's decision cannot appeal directly to LUBA.
3. Unless the decision is reconsidered or appealed according to the procedures in
ALUO 18.108.070(B) (2), the Staff Advisor's decision is effective on the 13th day
after notice of the decision is mailed.
SECTION 101, 18.108.050, Procedures, Type II Procedure, of the Ashland
Municipal Code, is amended to read as follows:
18.1.08.050 Type II Procedure.
A. Actions Included. The following planning actions shall be subject to the Type II
Procedure:
1. All Conditional Use Permits not subject to a Type I procedure.
2. All variances not subject to the Type I procedure.
3. Outline Plan for subdivisions under the Performance Standard Options (AMC
Chapter 18.88).
4. Preliminary Plat for subdivisions under the standard subdivision code (AMC
Chapter 18.80).
5. Final Plan approval for all subdivision requests under the Performance Standard
Options not requiring Outline Plan approval.
6. Any appeal of a Staff Advisor_decision, including a Type I Planning Action or
Interpretation of the Ashland Land Use Code.
7. Any other planning action not designated as subject to the Type I or Type III
Procedu re.
B. Time Limits, Notice and Hearing Requirements. Applications subject to the Type II
Procedure shall be processed as follows:
1. The Staff Advisor, acting under the authority of ORS 227.165, may hold an initial
evidentiary hearing on Type II applications once they are deemed complete. The
Staff Advisor shall transmit copies of the record developed at the hearing to the
Commission for additional public hearing, deliberation and decision. The Staff
Advisor is not authorized to make decisions on Type II applications.
2. Complete applications shall be heard at a regularly scheduled Commission meeting
which is held at least 30 days after the submission of the complete application.
3. Notice of the hearing mailed as provided in section 18.108.080.
4. Public hearing(s) shall be held before the Commission and/or Staff Advisor_in accord
with the requirements of section 18.108.100.
SECTION 102, 18.108.060, Procedures, Type III Procedures, of the Ashland
Municipal Code, is amended to read as follows:
18.108.060, Type III Procedures
A. The following planning actions shall be subject to the Type III Procedure:
1. Zone Changes or Amendments to the Zoning Map or other official maps,
except for legislative amendments.
2. Comprehensive Plan Map Changes or changes to other official maps, except
for legislative amendments.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 62 -
B
3. Annexations.
4. Urban Growth Boundary Amendments
Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map changes
subject to the Type III procedure as described in subsection A of this section may
be approved if in compliance with the comprehensive plan and the application
demonstrates that:
3. 20% of the base density to qualifying buyers or renters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is
transferred to a non-profit (IRC 501(3)(c)) affordable housing developer
or comparable Development Corporation for the purpose of complying
with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the aroa or areas proposed
for transfer. Ownership of the land shall be transferred to the affordable
housing developer or Development Corporation prior to commencement of
the project; or
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (i.e. Residential Overlay), will not
negatively impact the City of Ashland's commercial and industrial land supply
as required in the Comprehensive Plan, and will provide one of the following:
1. 35% of the base density to qualifying buyers or renters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or
below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is
transferred to a non-profit (IRC 501(3)(c)) affordable housing developer
or comparable Development Corporation for the purpose of complying
with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the area or areas proposed
for dedication. Ownership of the land and/or air space shall be transferred
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning
or Plan designation was proposed, necessitating the need to adjust to the
changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such an
action; or
d. Proposed increases in residential zoning density resulting from a change from
one zoning district to another zoning district, will provide one of the
following:
1. 35% of the base density to qualifying buyers or renters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or
below 100% of median income; or
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 63 -
to the affordable housing developer or Development Corporation prior to
commencement of the project.
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole
unit. A deed restriction, or similar legal instrument, shall be used to
guarantee compliance with affordable criteria for a period of not less than
60 years.
Sections D and E do not apply to council initiated actions.
C. Type III Procedure.
1. Applications subject to the Type III Procedure shall be processed as follows:
a. Complete applications shall be heard at the first regularly scheduled
Commission meeting which is held at least 45 days after the submission of
the application.
b. Notice of the hearing shall be mailed as provided in section 18.108.080.
c. A public hearing shall be held before the Commission as provided in
18.108.100.
2. The Commission shall make a report of its findings and recommendations on the
proposed action. Such report shall be forwarded to the City Council within 45
days of the public hearing.
a. Upon receipt of the report, or within 60 days of the Commission hearing, the
Council shall hold a public hearing as provided in 18.108.100. Public notice of
such hearing shall be sent as provided in section 18.108.080.
b. The Council may approve, approve with conditions, or deny the application.
SECTION 103, 18.108.070, Procedures, Effective Date of Decision and Appeals, of
the Ashland Municipal Code, is amended to read as follows:
18.108.070, Effective Date of Decision and Appeals.
A. Ministerial actions are effective on the date of the decision of the Staff Advisor and
are not subject to appeal.
B. Actions subject to appeal:
1. Expedited Land Divisions. Unless appealed within 14 days of mailing a notice
of decision, the Staff Advisor decision becomes final on the 15th day. Appeals
shall be considered as set forth in ALUO 18.108.030(C) and ORS 197.375
2. Type I Planning Actions.
a. Effective Date of Decision. The final decision of the City for planning actions
resulting from the Type I Planning Procedure shall be the Staff Advisor
decision, effective on the 13th day after notice of the decision is mailed unless
reconsideration of the action is approved by the Staff Advisor or_appealed to
the Commission as provided in section 18.108.070(B)(2)(c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning actions
as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency
may request reconsideration of the action after the decision has been
made by providing evidence to the Staff Advisor that a factual error
occurred through no fault of the party asking for reconsideration, which in
the opinion of the staff advisor, might affect the decision. Reconsideration
requests are limited to factual errors and not the failure of an issue to be
raised by letter or evidence during the opportunity to provide public input
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 64 -
on the application sufficient to afford the Staff Advisor an opportunity to
respond to the issue prior to making a decision.
ii. Reconsideration requests shall be received within five (5) days of mailing.
The Staff Advisor shall decide within three (3) days whether to reconsider
the matter.
iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to
the decision, the Staff Advisor shall withdraw the decision for purposes of
reconsideration. The Staff Advisor shall decide within ten (10) days to
affirm, modify, or reverse the original decision. The Staff Advisor shall
send notice of the reconsideration decision to affirm, modify, or reverse to
any party entitled to notice of the planning action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the
decision, the Staff Advisor shall deny the reconsideration request. Notice
of denial shall be sent to those parties that requested reconsideration.
c. Appeal.
i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final
decision, including any approved reconsideration request, the decision may be
appealed to the Planning Commission by any party entitled to receive notice
of the planning action. The appeal shall be submitted to the Planning
Commission Secretary on a form approved by the City Administrator, be
accompanied by a fee established pursuant to City Council action, and be
received by the city no later than 4:30 p.m. on the 12th day after the notice of
decision is mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the
fee for the initial hearing shall be refunded. The fee required in this section
shall not apply to appeals made by neighborhood or community organizations
recognized by the city and whose boundaries include the site.
iii. The appeal shall be considered at the next regular Planning
Commission or Hearings Board meeting. The appeal shall be a de novo
hearing and shall be considered the initial evidentiary hearing required under
ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the Land
Use Board of Appeals. The Planning Commission or Hearings Board decision
on appeal shall be effective 13 days after the findings adopted by the
Commission or Board are signed by the Chair of the Commission or Board and
mailed to the parties.
iv. The appeal requirements of this section must be fully met or the
appeal will be considered by the city as a jurisdictional defect and will not be
heard or considered.
d. Final Decision of City. The decision of the Commission shall be the final
decision of the City on appeals heard by the Commission on Type I Planning
actions, effective the day the findings adopted by the Commission are signed
by the Chair and mailed to the parties.
3. Type II Planning Actions.
a. Effective Date of Decision. The decision of the Commission is the final
decision of the City resulting from the Type II Planning Procedure, effective
13 days after the findings adopted by the Commission are signed by the Chair
of the Commission and mailed to the parties, unless reconsideration of the
action is authorized as provided in Section (b) below or_appealed to the
Council as provided in section 18.108.110.A.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 65 -
b. Reconsideration.
i. The Staff Advisor on his/her own motion, or any party entitled to notice of
the planning action may request reconsideration of the action after the
Planning Commission final decision has been made by providing evidence
to the Staff Advisor addressing one or more of the following: (1) new
evidence material to the decision exists which was unavailable, through no
fault of the requesting party, when the record of the proceeding was
open; (2) a factual error occurred through no fault of the requesting party
which is relevant to an approval criterion and material to the decision; (3)
a procedural error occurred, through no fault of the requesting party, that
prejudiced the requesting party's substantial rights and remanding the
matter will correct the error. Reconsideration requests are limited to
errors identified above and not the failure of an issue to be raised by letter
or evidence during the opportunity to provide public input on the
application sufficient to afford the Staff Advisor an opportunity to respond
to the issue prior to making a decision.
ii. Reconsideration requests shall be received within seven (7) days of
mailing. The Staff Advisor shall promptly decide whether to reconsider
the matter.
iii. If the Staff Advisor is satisfied that an error occurred as identified above
and is crucial to the decision, the Staff Advisor shall schedule
reconsideration with notice to participants of the matter before the
Planning Commission. Reconsideration shall be scheduled before the
Planning Commission at the next regularly scheduled meeting.
Reconsideration shall be limited to the portion of the decision affected by
the alleged errors identified in paragraph 3.b.i above.
iv. The Planning Commission shall
decide to affirm, modify, or reverse the
original decision. The Planning Commission Secretary shall send notice of
the reconsideration decision to any party entitled to notice of the planning
action.
c. Final Decision of City. Unless the decision is remanded to the Planning
Commission, the decision of the City Council shall be the final decision of the
City on appeals heard by the Council, on Type II Planning actions effective the
day the findings adopted by the Council are signed by the Mayor and mailed
to the parties.
4. Type III Planning Actions. For planning actions described in section
18.108.060.A.1 thru 4, the decision of the Council shall be the final decision of
the City, effective the day the findings adopted by the Council are signed by the
Mayor and mailed to the parties.
5. The City Council may call up any planning action for a decision upon motion and
majority vote, provided such vote takes place in the required appeal period
Unless the planning action is appealed and a public hearing is required, the City
Council review of the Planning Action is limited to the record and public testimony
is not allowed. The City Council may affirm, modify or reverse the decision of the
Planning Commission, or may remand the decision to the Planning Commission
for additional consideration if sufficient time is permitted for making a final
decision of the city. The City Council shall make findings and conclusions and
cause copies of a final order to be sent to all parties of the planning action.
C. No building or zoning permit shall be issued for any action under this Title until the
decision is final, as defined in this section.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 66 -
SECTION 104, 18.108.080, Procedures, Public Notice, of the Ashland Municipal
Code, is amended to read as follows:
18.108.080, Public Hearing Notice.
Public notice for hearings before the Staff Advisor, Hearings Board or Commission for
planning actions shall be given as follows:
A. Notices shall be mailed at least 10 days prior to the hearing to:
1. The applicant or authorized agent,
2. The subject property owner, and
3. All owners of record of property on the most recent property tax
assessment roll within 200 feet of the subject property.
B. Mailed notices shall contain the following information, provided, however, that
notices for hearings before the Council shall not contain the statements specified
in paragraphs 8 and 9:
1. Explanation of the nature of the application and the proposed use or uses
which could be authorized.
2. List of the applicable criteria from the ordinance and the plan that apply to
the application at issue.
3. The street address or other easily understood geographical reference to the
subject property.
4. The name of a local government representative to contact and the telephone
number where additional information may be obtained.
5. A statement that a copy of the application, all documents and evidence relied
upon by the applicant and applicable criteria are available for inspection at no
cost and will be provided at reasonable cost.
6. The date, time and location of the hearing or of the meeting, if no hearing is
involved.
7. A statement that failure of an issue to be raised in a hearing, in person or by
letter, or failure to provide sufficient specificity to afford the decision maker
an opportunity to respond to the issue precludes an appeal to the Land Use
Board of Appeals (LUBA) based on that issue.
8. A statement that if additional documents or evidence is provided in support of
the application, any party shall be entitled to a continuance of the hearing.
9. A statement that unless there is a continuance, if a participant so requests
before the conclusion of the hearing, the record shall remain open for at least
seven days after the hearing.
C. Posted Notice.-A notice, as described in this subsection, shall be posted on the
subject property by the city in such a manner as to be clearly visible from a
public right-of-way at least 10 days prior. Failure by the city to post a notice, or
post in clear view from a public right-of-way shall be considered an incomplete
application. The city shall certify, for the record of the hearing, that the posting
was accomplished. The failure of the posted notice to remain on the property
shall not invalidate the proceedings. The posted notice shall only contain the
following information: planning action number, brief description of the proposal,
phone number and address for contact at Ashland Planning Department.
D. Additional Requirements for Type II and III Public Notice. In addition to the
notice specified in section 18.108.080.A, B and C, notice for Type II and III
procedures shall be published in a newspaper of general circulation in the City at
least 10 days prior to the date of the hearing before the Commission.
E. The failure of a property owner to receive notice as provided in this section shall
not invalidate such proceedings if the City can demonstrate by affidavit that such
notice was mailed. The failure to receive notice shall not invalidate the decision
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 67 -
after the action is final if a good faith attempt was made to notify all persons
entitled to receive notice.
F.. Whenever it is demonstrated to the Staff Advisor that:
1. The city did not mail the notice required in § 18.108.;
2. Such error adversely affected and prejudiced a person's substantial rights;
and
3. Such person notified the Staff Advisor within 21 days of when the person
knew of should have known of the decision, the Staff Advisor shall
schedule a hearing for the next regular Commission or Hearings Board
meeting allowing adequate time to comply with the notice requirements of
section 18.108.080. The public hearing shall be conducted as provided in
§ 18.108.100.
If a hearing is conducted under this section, the decision of the Commission or
Hearings Board shall supersede the previous decision.
G. Whenever it is demonstrated to the Staff Advisor that:
1. The city did not comply with the notice requirements in § 18.108.080.A
through E;
2. Such error adversely affected and prejudiced a person's substantial rights;
and
3. Such person notified the Staff Advisor within 21 days of when the person
knew or should have known of the decision, the Staff Advisor shall schedule a
hearing before the Board, Commission or Council that heard or would have
heard the matter involving the defective notice.
a. The Staff Advisor shall notify by mail all persons who previously appeared
in the matter and all persons who were entitled to mailed notice but were
not mailed such notice.
b. The hearing shall be conducted as provided in § 18.108.100 if it is a
hearing before the Board or Commission, except that the record of the
previous hearing shall be reviewed and considered by the Board or
Commission. If it is an appeal before the Council, the Council may hear
such matters as are permitted in § 18.108.110.
A decision made after the hearing shall supersede the previous decision.
H. Notwithstanding the period specified in subsections F.3 and G.3 of this section,
the period for a hearing or appeal shall not exceed three years after the date of
the initial decision.
SECTION 105, 18.108.110, Procedures, Appeal to Council, of the Ashland Municipal
Code, is amended to read as follows:
18.108.110, Appeal to Council.
A. Appeals of Type II decisions -shall be initiated by a notice of appeal filed with the
City Administrator. The standard Appeal Fee shall be required as part of the notice.
All the appeal requirements of Section 18.108.110, including the appeal fee, must be
fully met or the appeal will be considered by the city as jurisdictionally defective and
will not be heard or considered.
1. The appeal shall be filed prior to the effective date of the decision of the
Commission.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 68 -
2. The notice shall include the appellant's name, address, a reference to the
decision sought to be reviewed, a statement as to how the appellant qualifies as
a party, the date of the decision being appealed, and a clear and distinct
identification of the specific grounds for which the decision should be reversed or
modified, based on identified applicable criteria or procedural irregularity.
3. The notice of appeal, together with notice of the date, time and place to consider
the appeal by the Council shall be mailed to the parties at least 20 days prior to
the meeting.
4. A. Except upon the election to re-open the record as set forth in subparagraph
4.B. below, the review of a decision of the Planning Commission by the City
Council shall be confined to the record of the proceeding before the Planning
Commission. The record shall consist of the application and all materials
submitted with it; documentary evidence, exhibits and materials submitted
during the hearing or at other times when the record before the Planning
Commission was open; recorded testimony; (including DVDs when available), the
executed decision of the Planning Commission, including the findings and
conclusions. In addition, for purposes of City Council review, the notice of appeal
and the written arguments submitted by the parties to the appeal, and the oral
arguments, if any, shall become part of the record of the appeal proceeding
B. The Council may reopen the record and consider new evidence on a limited
basis, if such a request to reopen the record is made to the City Administrator
together with the filing of the notice of appeal and the City Administrator
determines prior to the City Council appeal hearing that the requesting party has
demonstrated:
(a.) That the Planning Commission committed a procedural error, through
no fault of the requesting party, that prejudiced the requesting
party's substantial rights and that reopening the record before the
Council is the only means of correcting the error; or
(b.) That a factual error occurred before the Planning Commission through
no fault of the requesting party which is relevant to an approval
criterion and material to the decision; or
(c.) That new evidence material to the decision on appeal exists which
was unavailable, through no fault of the requesting party, when the
record of the proceeding was open, and during the period when the
requesting party could have requested reconsideration. A requesting
party may only qualify for this exception if he or she demonstrates
that the new evidence is relevant to an approval criterion and
material to the decision. This exception shall be strictly construed by
the Council in order to ensure that only relevant evidence and
testimony is submitted to the hearing body.
Re-opening the record for purposes of this section means the submission of
additional written testimony and evidence, not oral testimony or presentation
of evidence before the City Council.
C. Oral argument on the appeal shall be permitted before the Council. Oral
argument shall be limited to ten (10) minutes for the applicant, ten (10) for the
appellant, if different, and five (5) minutes for any other Party who participated
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 69 -
below. A party shall not be permitted oral argument if written arguments have
not been timely submitted. Written arguments shall be submitted no less than
ten (10) days prior to the Council consideration of the appeal. Written and oral
arguments on the appeal shall be limited to those issues clearly and distinctly set
forth in the Notice of Appeal; similarly, oral argument shall be confined to the
substance of the written argument.
D. Upon review, and except when limited reopening of the record is allowed, the
City Council shall not re-examine issues of fact and shall limit its review to
determining whether there is substantial evidence to support the findings of the
Planning Commission, or to determining if errors in law were committed by the
Commission. Review shall in any event be limited to those issues clearly and
distinctly set forth in the notice of appeal. No issue may be raised on appeal to
the Council that was not raised before the Planning Commission with sufficient
specificity to enable the Commission and the parties to respond.
5. The Council may affirm, reverse, modify or remand the decision and may approve
or deny the request, or grant approval with conditions. The Council shall make
findings and conclusions, and make a decision based on the record before it as
justification for its action. The Council shall cause copies of a final order to be
sent to all parties participating in the appeal. Upon recommendation of the
Administrator, the Council may elect to summarily remand the matter to the
Planning Commission. If the City Council elects to remand a decision to the
Planning Commission, either summarily or otherwise, the Planning Commission
decision shall be the final decision of the City, unless the Council calls the matter
up pursuant to Section 18.108.070.B.5.
B. Appeals may only be filed by parties to the planning action. "Parties" shall be defined
as the following:
1. The applicant.
2. Persons who participated in the public hearing, either orally or in writing. Failure
to participate in the public hearing, either orally or in writing, precludes the right
of appeal to the Council.
3. Persons who were entitled to receive notice of the action but did not receive
notice due to error.
SECTION 106, 18.112.030, Enforcement, Revocation — Permit Expiration, of the
Ashland Municipal Code, is amended to read as follows:
18.112.030, Revocation - permit expiration.
Any zoning permit, or planning action_granted in accordance with the terms of this Title
shall be deemed revoked if not used within one year from date of approval, unless
another time period is specified in another section of this Title. Said permit shall not be
deemed used until the permittee has actually obtained a building permit, and
commenced construction thereunder, or has actually commenced the permitted use of
the premises. The Staff Advisor may grant an extension the approval under the following
conditions:
1. One time extension no longer than eighteen (18) months is allowed.
2. The Staff Advisor shall find that a change of conditions for which the applicant
was not responsible prevented the applicant from completed the development
within the original time limitation.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 70 -
3. Land Use Ordinance requirements applicable to the development have not
changed since the original approval. An extension may be granted, however, if
requirements have changed and the applicant agrees to comply with any such
changes.
SECTION 107 18.112.040, Enforcement, Revocation - conditions violated, of the
Ashland Municipal Code, is amended to read as follows:
18.112.040 Revocation - conditions violated.
Any zoning permit or planning action granted in accordance with the terms of this
Title may be revoked if any of the conditions or terms of such permit or variance are
violated or if any law or ordinance is violated in connection therewith.
SECTION 108 Digital Maps. The following Official Maps in electronic format,
attached hereto and made a part hereof by this reference, are officially adopted by
the City of Ashland:
1. Airport Overlay Zone
2. Site design Zones
3. Detailed Site Review Zone
4. Downtown Design Standards - Overlay
5. Hillside Lands
6. Historic Districts
7. North Mountain Zone
8. Physical and Environmental Constraints Maps
9. Floodplain Corridor Lands
10. Riparian Preservation Lands
11. Hillside Lands
12. Wildfire Lands
13. Severe Constraints Lands
14. Performance Standards Overlay
15. Residential Overlay
16. Zoning Map
SECTION 109, Severability.
If any section, provision, clause, sentence, or paragraph of this Ordinance or
the application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect the other sections, provisions, clauses or
paragraphs of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
SECTION 110 Savings Clause.
Notwithstanding this amendment, the City ordinances in existence at the
time any land use action was legally deemed commenced, shall remain valid
and in full force and effect for purposes of all applications, cases and actions
filed or commenced during the times said ordinance(s) or portions thereof
were operative.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 71 -
SECTION 111, Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal
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, and typographical errors and cross-reference
corrections, corrected by the City Recorder, provided however that Sections
109, thru 119, unincorporated Whereas clauses and boilerplate provisions
need not be codified.
SECTION 112, Delayed Effective Date.
In accordance with Article 10, Section 3 of the Ashland Charter, the Council
deems it advisable to delay the effective date of this ordinance. Accordingly
this ordinance shall be effective on July 1, 2008.
SECTION 113, Ordinance Review.
This Ordinance shall be reviewed by the City Council three (3) years of the
effective date of this ordinance.
The foregoing ordinance was first read by title only in acco nce with Article X,
Section 2(C) of the City Charter on the /7 day of_ , 2008,
and duly PASSED and ADOPTED this / day of 401;e , 2008
atioraele)
Barbara Christensen, City Recorder
SIGNED and APPROVED this ¿ day of , 2008.
4.1)1\
t
Reviewed as to form: . _jd \--
Richard Appice oi+ Attorney
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 72 -
ORDINANCE NO. (4'ab`
AN ORDINANCE AMENDING CHAPTER 18 OF THE ASHLAND
MUNICIPAL CODE; PROVIDING FOR REVISIONS TO DEFINITIONS
AND,ZONING DISTRICT CLASSIFICATIONS, PROVIDING FOR
REVISIONS TO CONDITIONAL USE STANDARDS AND GENERAL
REGULATIONS FOR THE FOLLOWING ZONING DISTRICTS:
WOODLAND RESIDENTIAL, RURAL RESIDENTIAL, SINGLE FAMILY
RESIDENTIAL, SUBURBAN RESIDENTIAL, LOW DENSITY MULTI-
FAMILY RESIDENTIAL, HIGH DENSITY MULTI FAMILY RESIDENTIAL,
NORTH MOUNTAIN NEIGHBORHOOD, RETAIL COMMERCIAL,
EMPLOYMENT, INDUSTRIAL, HEALTH CARE SERVICES AND
SOUTHERN OREGON UNIVERSITY ; PROVIDING FOR REVISIONS TO
CHAPTERS FOR TREE PRESERVATION AND PROTECTION, PHYSICAL
AND ENVIRONMENTAL CONSTRAINTS, GENERAL REGULATIONS, SITE
DESIGN REVIEW, PARTITIONS, PERFORMANCE STANDARDS OPTION
, PARKING, SIGNAGE, PROCEDURES AND ENFORCEMENT,
PROVIDING ALSO FOR CORRECTIONS TO AND ADOPTION OF
OFFICAL MAPS, INCLUDING ZONING AND OVERLAY MAPS IN
DIGITAL FORMAT
(PA: 2007-01283).
Annotated to show deletions and additions to the code sections being modified. Deletions
are bold struelethfeugli and additions are bold underlined.
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, pursuant to ORS 227.186 the Ashland Planning Department provided written
individual notice of the initial hearing of the above-described proposed changes to all
property owners in the City of Ashland; and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
ordinance amendments and recommended approval to the City Council on October 23,
2007; and
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 1
WHEREAS, the City Council of the City of Ashland conducted a public hearing on the above-
referenced amendments on December 18, 2007 and left the record open until January 15,
2008.
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.
NOW THEREFORE,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1, Section 18.08.019 - Definition: Accessory Residential Unit, is added to
the Ashland Municipal Code, and reads as follows:
18.08.019 Accessory Residential Unit, A second dwelling unit either
attached to a single family dwelling or located on the same lot with a single
family dwelling and having an independent means of access.
SECTION 2, Section 18.08.078 - Definition: Basement, is added to the Ashland
Municipal Code, and reads as follows:
18.08.078 Basement. That portion of a building with a floor-to-ceiling height
of not less than 6.5 feet and where fifty percent (50%) or more of its
perimeter walls are less than six (6) feet above natural grade and does not
exceed twelve (12) feet above finish grade at any point.
SECTION 3, Section 18.08.090, Boarding-room house, of the Ashland Municipal
Code, is amended to read as follows:
18.08.090, Boarding-room house. A dwelling or part thereof, other than a hotel or
motel, where lodging with or without means is provided, for compensation, for three
(3) or more persons, for a minimum period of thirty (30) days.
SECTION 4, Section 18.08.160 - Definition: Coverage, lot or site, of the Ashland
Municipal Code, is amended to read as follows:
18.08.160, Coverage, lot or site. Total area of all fires, buildings, parking
areas, wed driveways, as well as -ee other solid surfaces
that will not allow normal water infiltration to the ground. The coverage is
expressed as a percentage of such area in relation to the total gross area of the lot
or site. Landscaping which does not negatively impact the natural water retention
and soil characteristics of the site shall not be deemed part of the lot or site
coverage.
SECTION 5, Section18.08.256 - Definition: Floor areas, gross habitable, is added
To the Ashland Municipal Code, and reads as follows:
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 2 -
18.08.256 Floor areas, gross habitable. The total area of all floors in a
dwelling measured to its outside surfaces that are under the horizontal
Projection of the roof or floor above with at least seven (7) feet of head
room, excluding uninhabitable spaces accessed solely by an exterior door.
SECTION 6, Section 18.08.257 - Definition: Floor area, gross, is added to the
Ashland Municipal Code, and reads as follows:
18.08.257 Floor Area, gross. The total area of all floors in a building
measured to the outside surfaces that are under the horizontal projection of
the roof or floor above.
SECTION 7, Section18.08.281 - Definition: Ground floor, is added to the Ashland
Municipal Code, and reads as follows:
18.08.281 Ground Floor. The first floor of a building other than a cellar
or basement.
SECTION 8, Section 18.08.291 - Definition: Historic District, is added to the
Ashland Municipal Code, and reads as follows:
18.08.291 Historic District. A district identified as historically significant
under the City of Ashland Comprehensive Plan and its implementing
regulations (e.a. overlay zones).
SECTION 9, Section 18.08.485 - Definition: Mechanical Equipment, of the Ashland
Municipal Code, is amended to read as follows:
18.08.485, Mechanical equipment. Equipment or devices installed for a use
appurtenant to the primary use. Such equipment shall include heating
and air
conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or
TV receiving or transmitting antennas, and any power generating devices. The
, • '
7.
: :-
-
SECTION 10, Section 18.05.530 - Definition: Parking Space, of the Ashland
Municipal Code, is amended to read as follows:
18.05.530, Parking Space, A space designed and designated to provide parking
for a motor vehicle and in compliance with Chapter 18.92 parking
standards. - - . : - .- - - _ - - - - - - .: •: •
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 3 -
SECTION 11, Section 18.08.595 - Definition: Planning Application, Planning
Action, of the Ashland Municipal Code, is amended to read as follows:
18.08.595, Planning application; planning action, A planning application is an
application, other than an application for legislative amendment, filed
pursuant to the requirements of this ordinance. A planning action is a
proceeding pursuant to this ordinance in which the legal rights, duties or privileges of
specific parties are determined, and any appeal or review of such proceeding,
pursuant to the provisions of this ordinance. A planning action does not include a
ministerial action or a legislative amendment.
SECTION 12, Section 18.08.601 - Definition: Porch, enclosed/unenclosed, is
added to the Ashland Municipal Code, and reads as follows:
18.08.601 Porch, enclosed/unenclosed. Covered porches, exterior
balconies, or other similar areas attached to a building and having
dimensions of not less than six (6) feet in depth by eight (8) feet in length.
"Enclosed means the porch contains wall(s) that are more than forty-two
(42) inches in height measured from finished floor level, for fifty percent
(50%) or more of the porch perimeter. "Unenclosed" means the porch
contains no such walls, but it may be covered.
SECTION 13, Section 18.08.602 - Definition: Porous Solid Surface, is added to the
Ashland Municipal Code, and reads as follows:
18.08.602 Porous Solid Surface. Porous solid surface is a permeable
surface built with an underlying stone reservoir that temporarily stores
surface runoff before it infiltrates into the subsoil. Porous solid surfaces
include pervious asphalt, pervious concrete, grass or permeable pavers, or
decks that allow runoff to infiltrate the subsoil beneath the deck.
SECTION 14, Section 18.08.616 - Definition: Reconstruct, is added to the Ashland
Municipal Code, and reads as follows:
18.08.616 Reconstruct. To recreate or reassemble a structure or building
with a new or replacement structure that recreates or reproduces its form,
shape and location as originally built.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 4 -
SECTION 15, Section 18.08.650 - Definition: Setback, of the Ashland Municipal
Code, is amended to read as follows:
18.08.650, Setback. The horizontal perpendicular distance from a lot line to
the closest part of a building or structure that is subject to a setback or yard
reauirement. Architectural projections may intrude into required setbacks
as set forth in Section 18.68.040. When multi-story setbacks are specified,
the setback for a story above the ground floor is measured horizontally from
the lot line to the plane of the nearest wall of the upper story. TL.. d:_a_-__
SECTION 16, Section 18.08.651 - Definition: Setback, Special, is added to the
Ashland Municipal Code, and reads as follows:
18.08.651 Setback, Special. The distance between the center line of a
street and the special base line setback from which yard measurements
are made, measured horizontally and at right angles from said center line.
SECTION 17, Section 18.08.661 - Definition: Story, half, is added to the Ashland
Municipal Code, and reads as follows:
18.08.661- Story. half. A half story is a space under a sloping roof that has
the line of intersection of the roof and exterior wall face not more than
three (3) feet above the floor level below and in which space the floor area
with head room of five (5) feet or more occupies no more than fifty percent
(50%) of the total floor area of the story directly beneath.
11,1%>2Y
...4011A1
• 0•50m. ■iE~A • ft."
Sloping Roof Half Story. If Floor Area "A" is no
more than 50% of Floor Area "B" - then "A" is a
half story. If the wall face is more than three (3)
feet above the floor level below at the rear or
side yard setback line, then it shall be considered
a full story for purposes of setback
measurements.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 5 -
SECTION 18, Section 18.08.662 - Definition: Story, of the Ashland Municipal Code,
is added to read as follows:
18.08.662 Story. That portion of a building included between the upper
surface of any floor and the upper surface of the floor next above, except
that the top story shall be that portion of a building included between the
upper surface of the top floor and the ceiling above. A basement shall not
be considered a story. If the wall face of the upper most floor at the rear or
side yard setback line is more than three (3) feet above the floor level
below, the upper floor shall be considered a story for purposes of setbacks.
Unenclosed decks, porches, balconies and similar features are not
considered stories.
SECTION 19, Section 18.08.740 - Definition: Story, of the Ashland Municipal Code,
is amended to read as follows:
: : :
:- : ::
_ , : : :
SECTION 20, Section 18.08.750 - Definition: Structure or building, of the Ashland
Municipal Code, is amended to read as follows:
18.08.750, Structure or building. That which is built or constructed; an edifice or
building of any kind or any piece of work artificially built up or composed of parts
joined together in some definite manner and which requires location on, in, or above
the ground or which is attached to something having a location on, in or above the
ground. Structures eighteen thirty (30) (18) inches in height or less, including
entry stairs, uncovered porches, patios and similar structures, are exempt
from the side and rear yard setback requirements and from half (1/2) the yard
requirements for the front yard and side yard abutting a public street.
SECTION 21, Section 18.08.795 - Definition: Traveler's Accommodations, of the
Ashland Municipal Code, is amended to read as follows:
18.08.795, Traveler's Accommodations, Any establishment in a residential zone
having rooms or dwellings rented or kept for rent to travelers or transients for a
charge or fee paid or to be paid for rental or use of such facilities for a period of less
than thirty (30) days.
SECTION 22, Section 18.08.830 - Definition: Yard, of the Ashland Municipal Code,
is amended to read as follows:
18.08.830, Yard - An open space on a lot which is unobstructed by a structure from
SECTION 23, Section 18.12.020, Classification of Districts, of the Ashland
Municipal Code, is amended to read as follows:
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 6 -
18.12.020, Classification of Districts. For the purpose of this Title, the City is divided
into zoning districts designated as follows:
Zoning Districts and Overlays
Map Symbol and
Abbreviated Designation
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-D
Employment
E-1
Industrial
M-1
Woodland Residential
WR
SOU - Southern Oregon UniversityState-Cettege
SOU
Performance Standards (Pj - Overlay
P
Detail Site Review Zone
DSR
Health Care Services Zone
HC
North Mountain Neighborhood
NM
Residential Overlay
R
Freeway Skin Overlay
F
SECTION 24, Section 18.12.030, Zoning Map, of the Ashland Municipal Code, is
amended to read as follows:
18.12.030, Zoning and Land Use Control Maps.
A. The location and boundaries of the zoning districts designated in Section 18.12.020,
Dhvsical and environmental constraints designated in Section 18.62.060,
Detail Site Review Zone designated in Chapter 18.72 are established as shown
on the map entitled "Zoning and Land Use Control Maps of the City of Ashland,"
dated with the effective date of the ordinance codified herein, and signed by the
Mayor and City Recorder and hereafter referred to as the "zZoning and Land Use
Control 'Maps."
B. The signed copy of said Zeoning and Land Use Control mMaps shall be maintained
on file in the office of the City Recorder and is made a part of this Title.
SECTION 25, Section 18.14.030, W-R, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.14.030 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in
accordance with Chapter 18.104, Conditional Use Permits:
A. Churches and similar religious institutions.
B. Public and public utility buildings, structures and uses, but not including corporation,
storage or repair yards, warehouses and similar uses.
C. Private recreational uses and facilities, provided that the forested character of the
area is not disturbed.
D. Public and quasi-public halls, lodges and clubs.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 7 -
E. Schools, both public and private.
F. Daycare centers.
G. Homes for the elderly and nursing homes.
- - . - - . - - : - - - - - . - - . . - . , • . - - -•
- .
• • :_: .
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dette cd:
without disturbon c to r 3idcnt3
H. Disc antenna for commercial use.
I. Nonconforming use or structure changes required by Section 18.68.090.
3. Temporary uses.
K. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 26, Section 18.16.030, R-R, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.16.030 Conditional Uses.
The following uses and their accessory uses are permitted outright:
The following uses and their accessory uses are permitted when authorized in accordance
with Chapter 18.104, Conditional Use Permits:
A. Churches and similar religious institutions.
B. Hospitals, rest, nursing and convalescent homes.
C. Parochial and private schools, including nursery schools, kindergarten, and day
nurseries; business, dancing, trade technical, or similar school.
D. Public and public utility buildings, structures and uses; but not including corporation,
storage or repair yards, warehouses, and similar uses.
E. Private recreational uses and facilities, including country clubs, golf courses, swimming
clubs, and tennis clubs, but not including such intensive commercial recreational uses as
a driving range, race track, or amusement park.
F. Riding instructions and academies.
G. Cemeteries, mausoleums, columbariums, crematoriums.
H. Excavation and removal of sand, gravel, stone, loam, dirt, or other earth products,
subject to Section 18.68.080, Commercial Excavation.
I. Public and quasi-public halls, lodges and clubs.
J. Accessory residential units, subject to the Type I procedure and criteria, and the
following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2. The maximum number of dwelling units shall not exceed 2 per lot.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 8 -
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary residence on the lot,
and shall not exceed 1000 sq. ft. GHFA.
4. Additional parking shall be in conformance with the off-street Parking provisions
for single-family dwellings of this Title.
5. If the accessory residential unit is not part of the primary dwelling, all
construction and land disturbance associated with the accessory residential unit
shall occur on lands with less than 25% slope.
6. If located in the Wildfire zone, the accessory residential unit shall have a
residential sprinkler system installed.
7. The lot on which the accessory residential unit is located shall have access to an
improved city street, paved to a minimum of 20' in width, with curbs, gutters,
and sidewalks.
8. No on-street parking credits shall be allowed for accessory residential units in the
RR-.5 zone."
K. Disc antenna for commercial use.
L. Nonconforming use or structure changes required by Section 18.68.090.
M. Temporary uses.
N. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 27, Section 18.16.040, R-R, General Regulations, of the Ashland
Municipal Code, is amended to read as follows:
18.16.040 General Regulations
A. Minimum lot area: Minimum lot areas in the RR zone may be one-half (Y/2), one (1),
and two and one-half (2 1/2) acres, depending on the topographic nature, service
availability and surrounding land uses, and other relevant characteristics of the area.
B. Maximum lot coverage:
1. One-half ('h) acre lots (RR-.5): twenty (20%) percent maximum.
2. One (1) acre lots (RR-1): twelve (12%) percent maximum.
3. Two and one-half (2 1h) acre lots (RR-2.5): seven (7%) percent maximum.
C. Minimum lot width: All lots shall be at least one hundred (100) feet in width.
D. Lot depth: All lots shall be at least one hundred fifty (150) feet in depth. No lot
depth shall be more than three (3) times its width.
E. Minimum front yard: There shall be a front yard of at least twenty (20) feet.
F. Minimum side yard: There shall be a minimum side yard of five six (65) feet,
except ten (10) feet along the side yard facing the street on a corner lot.
G. Minimum rear yard: There shall be a minimum rear yard of ten (10) feet plus ten
(10) feet for each story in excess of one (1) story.
H. Maximum building height: No structure shall be over thirty-five (35) feet or two and
one-half (2 1/2) stories in height, whichever is less. This does not include agricultural
structures fifty (50) feet or more from any property line.
SECTION 28, Section 18.20.030, R-1, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.20.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance
with Chapter 18.104, Conditional Use Permits.
A. Churches and similar religious institutions.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 9 -
B. Hospitals, rest, nursing or convalescent homes.
C. Parochial and private schools, including nursery schools, kindergartens, day
nurseries, business, dancing, trade, technical or similar schools.
D. Public and public utility buildings, structures and uses. (Ord. 2121 S2, 1981)
E. Recreational uses and facilities, including country clubs, golf courses, swimming
clubs and tennis clubs; but not including such intensive commercial recreational uses
as a driving range, race track or amusement park.
F. Off-street parking lots adjoining a C or M district subject to the provisions of Chapter
18.92, Off-Street Parking.
G. Public and quasi-public halls, lodges and clubs.
H. Accessory residential units, subject to the Type I procedure and criteria, and the
following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2. The maximum number of dwelling units shall not exceed 2 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary residence on the lot,
and shall not exceed 1000 sq. ft. GHFA.
4. Additional parking shall be in conformance with the off-street Parking provisions
for single-family dwellings of this Title.
I. Group Homes. (Ord. 2348 S1, 1985; Ord. 2624 S1, 1991)
3. Disc antenna for commercial use.
K. Dwellings in the Historic District exceeding the maximum permitted floor
area pursuant to Section 18.20.040.
L. Nonconforming use or structure changes reauired by Section 18.68.090.
M. Temporary uses.
N. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
Section 29, Section 18.22.030, R-1-3.5, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.22.030 Conditional Uses
A. Churches and similar religious institutions.
B. Hospitals, rest, nursing or convalescent homes.
C. Parochial and private schools, including nursery schools, kindergartens, day
nurseries, dancing, trade, technical or similar schools.
D. Public and public utility buildings, structures and uses.
E. Recreational uses and facilities, including country clubs, golf courses, swimming
clubs and tennis clubs, but not including such intensive commercial recreational uses
as a driving range, race track or amusement park.
F. Public and quasi-public halls, lodges and clubs.
G. Limited personal service establishments in the home, such as beauticians, masseurs,
etc.
H. Disc antenna for commercial use.
I. Nonconforming use or structure changes required by Section 18.68.090.
3. Temporary uses.
K. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 10 -
SECTION 30 Section 18.22.040, R-1-3.5, General Regulations, of the Ashland
Municipal Code, is amended to read as follows:
18.22.040 General Regulations
A. Minimum Lot Area. The minimum lot area shall be five thousand (5,000) square
feet, except that a lot three thousand five
hundred (3,500) square feet or larder may be created when
the lot with contains an existing single-family residence which meet ' ,
- - - - _ - - - . - . - - - - - - - setback, density, and lot
coverage and-let-siee requirements. ,
. - -, - . - -- . - ._ - ".
-
be _ub___t t_ th___ ..__..:-_---__t__ Variances under this Section are subject to
Type I procedures.
B. Minimum Lot Width. The minimum lot width shall be fifty (50) feet.
C. Lot Depth. All lots shall have a minimum depth of eighty (80) feet. No lot depth
shall be more than two and one-half (2 1/2) times its width.
D. Standard Yard Requirements. Front yard, twenty (20) feet; side yards, six (6) feet;
rear yard, ten (10) feet plus ten (10) feet for each story in excess of one (1) story.
In addition, the setbacks must comply with Section 18.70 which provides for solar
access. The side yard of a corner lot abutting a public street shall have a ten (10)
foot setback.
E. Special Yards--Distances Between Buildings.
1. The distance between any principal building and an accessory building shall be a
minimum of ten (10) feet.
2. An inner court providing access to a double-row dwelling group shall be a
minimum of twenty (20) feet.
3. The distance between principal buildings shall be at least one-half (1/2) the sum of
the height of both buildings; provided, however, that in no case shall the distance
be less than twelve (12) feet.
F. Maximum Height. No structure shall be over thirty-five (35) feet or two and one-half
(2 1/2) stories in height, whichever is less.
G. Maximum Coverage. Maximum lot coverage shall be fifty-five (55%) percent. (Ord.
2228, 1982)
SECTION 31, Section 18.24.030, R-2, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.24.030, Conditional Uses
The following uses and their accessory uses are permitted when authorized in
accordance with the chapter on conditional use permits:
A. Churches and similar religious institutions.
B. Parochial and private schools, business, dancing, trade, technical, or similar schools.
C. Manufactured housing developments subject to Chapter 18.84.
D. Public and quasi-public halls, lodges and clubs.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 11 -
E.
F.
G.
H.
I.
K.
Professional offices or clinics for an accountant, architect, attorney, dentist, designer,
doctor or other practitioner of the healing arts, engineer, insurance agent or
adjuster, investment or management counselor or surveyor.
Hospitals, rest, nursing and convalescent homes.
Limited personal service establishments in the home, such as beauticians, masseurs
and the uses listed in subsection E above.
Wholesale plant nurseries, including accessory structures.
Retail commercial uses located in a dwelling unit within the Railroad Historic District
" _ _ = approved by the City
Council. Such business shall be no greater than six hundred (600) sq. ft. in total
area, including all storage and accessory uses, and shall be operated only by the
occupant of the dwelling unit uses, and the equivalent of one (1) half (1/2) time
employee (up to twenty-five (25) hours per week). Such use shall be designed to
serve primarily pedestrian traffic, and shall be located on a street having a fully
improved sidewalk on at least the side occupied by the business. The street shall be
a fully improved street of residential City standards or greater.
(Ord. 2624 S2, 1991; deleted Ord. 2942 S2, 2007)
Traveler's accommodations, subject to the following:
1. That all residences used for travelers accommodation be business-owner
occupied. The business-owner shall be required to reside on the property
occupied by the accommodation, and occupancy shall be determined as the
travelers accommodation location being the primary residence of the owner
during operation of the accommodation. "Business-owner" shall be defined as a
person or persons who own the property and accommodation outright; or who
have entered into a lease agreement with the property owner(s) allowing for the
operation of the accommodation. Such lease agreement to specifically state that
the property owner is not involved in the day to day operation or financial
management of the accommodation, and that the business-owner is wholly
responsible for all operations associated with the accommodation, and has actual
ownership of the business. (ORD 2806 S1, 1997)
2. That each accommodation unit shall have 1 off-street parking space, and the
owners shall have 2 parking spaces. All spaces shall be in conformance with the
requirements of the Off-Street Parking section of this Title.
3. That only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior
illumination of signage shall be installed such that it does not directly illuminate
any residential structures adjacent or nearby the travelers's accommodation in
violation of 18.72.110.
4. That the number of accommodation units allowed shall be determined by the
following criteria:
a. That the total number of units, including the owner's unit, shall be
determined by dividing the total square footage of the lot by 1800 sq. ft.
Contiguous lots under the same ownership may be combined to increase lot
area and the number of units, but not in excess of the maximum established
by this ordinance. The maximum number of accommodation units shall not
exceed 9 per approved travelers accommodation with primary lot frontage on
arterial streets. The maximum number of units shall be 7 per approved
travelers accommodation with primary lot frontage on designated collector
streets; or for travelers's accommodations not having primary frontage on an
arterial and within 200 feet of an arterial. Street designations shall be as
determined by the Ashland Comprehensive Plan. Distances shall be
measured via public street or alley access to the site from the collector or
arterial.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 12 -
b. Excluding the business-owner's unit and the area of the structure it will
occupy, there must be at least 400 sq. ft. of gross interior floor space
remaining per unit.
5. That the primary residence on the site be at least 20 years old. The primary
residence may be altered and adapted for travelers's accommodation use,
including expansion of floor area. Additional structures may be allowed to
accommodate additional units, but must be in conformance with all setbacks and
lot coverages of the underlying zone.
6. Transfer of business-ownership of a traveler's accommodation shall be subject to
all requirements of this
section,
approval and conformance with the criteria of this section. All traveler's
accommodations receiving their initial approvals prior to the effective date of this
ordinance shall be considered as approved, conforming uses, with all previous
approvals, conditions and requirements remaining in effect upon change of
business-ownership. Any further modifications beyond the existing approvals
shall be in conformance with all requirements of this section.
7. An annual inspection by the Jackson County Health Department shall be
conducted as required by the laws of Jackson County or the State of Oregon.
8. That the property on which the travelers accommodation is operated is located
within 200 feet of a collector or arterial street as designated in the City's
Comprehensive Plan. Distances shall be measured via public street or alley
access to the site from the collector or arterial.
L. Hostels, . : : - - - : .: -
M. Disc antenna for commercial use.
N. Nonconforming use or structure changes required by Section 18.68.090.
O. New structures and additions to existing structures within a designated
Historic District which exceeds the Maximum Permitted Floor Area (MPFA),
subject to the general regulations set forth in Section 18.24.040.
P. Temporary uses.
O. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 32, - 18.24.040 A.(1), R-2, General Regulations, Permitted Density, of
the Ashland Municipal Code, is amended to read as follows:
18.24.040 General Regulations
A. Permitted Density and Minimum Lot Dimensions.
1. Base Densities and Minimum Lot Dimensions. The density of the development,
including the density gained through bonus points, shall not exceed the density
established by this section. The density shall be computed by dividing the total
number of dwelling units by the acreage of the project, including land dedicated
to the public. The minimum density shall be 80% of the calculated base density.
Fractional portions of the answer shall not apply towards the total density. Base
density for the R-2 zone shall be 13.5 dwelling units per acre, in addition to the
following standards and exceptions:
a. An accessory residential unit is not required to meet density or
minimum lot area requirements, provided the unit is not greater than
fifty percent (50%) of the gross habitable floor area of the single
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 13 -
family residence on the lot and does not exceed 500 square feet of
gross habitable floor area.
b_heweverruUnits, not considered as an accessory residential unit and
of less than 500 square feet of gross habitable area shall count as 0.75 units
for the purposes of density calculations, .
La. Minimum lot area for less than 2 units unit 1 shall be 5000 sq. ft. with a
minimum width of 50' and minimum depth of 80'.
db.Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of
50' and a minimum depth of 80'.
ee. Developments of 3 units or greater shall have minimum lot area in excess of
9000 sq. ft. end except as determined by the base density and allowable
bonus point calculations, and shall have a minimum width of 50' and a
minimum depth of 80'.
SECTION 33, 18.24.040 I.1., R-2, General Regulations, Maximum Permitted Floor
Area for single family dwellings on individual lots within the Historic District, of
the Ashland Municipal Code, is amended to read as follows:
18.24.040 General Regulations
I. Maximum Permitted Floor Area for single family dwellings on individual lots
within the Historic District. The maximum permitted floor area for single family
primary dwellings on individual lots within the an Historic District shall be
determined by the following:
1. The maximum permitted floor area shall include the total floor space of all floors
(gross floor area) of the primary dwelling measured to the outside surfaces of the
building, including but not limited to exterior walls, potential living spaces within
the structure with at least 7' of head room and attached garages. The floor area
shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 34, 18.24.040 7.1., R-2, General Regulations, Maximum Permitted Floor
Area for multiple dwellings on a single lot and new residential construction in
Performance Standards Options land divisions created within an Historic District.,
of the Ashland Municipal Code, is amended to read as follows:
18.24.040 General Regulations
J. Maximum Permitted Floor Area for multiple dwellings on a single lot and
new residential construction in Performance Standards Options land
divisions created within the an Historic District. The MPFA
- . _ _ _ - _ - : - - = - !"- shall be determined by the
following:
1. The MPFA shall include the total floor space of all floors (gross floor area) of the
primary dwelling units measured to the outside surfaces of the building,(11,
including but not limited to exterior walls, potential living spaces within the
structure with at least 7' of head room and attached garages. The floor area
shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 14 -
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 35, Section 18.28.030, R-3, Conditional Uses, of the Ashland Municipal
Code, is amended to read as follows:
18.28.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance
with the Chapter on Conditional Use Permits:
A. Churches and similar religious institutions.
B. Parochial and private schools, business, dancing, trade, technical or similar schools.
C. Manufactured housing developments, subject to Chapter 18.84.
D. Public and quasi-public halls, lodges and clubs.
E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer,
doctor, or other practitioner of the healing arts, engineer, insurance agent or
adjuster, investment or management counselor or surveyor.
F. Hospitals, rest, nursing and convalescent homes.
G. Limited personal service establishments in the home, such as beauticians, masseurs,
and the uses listed in subsection E above.
H. Wholesale plant nurseries, including accessory structures.
I. (Ord. 2624 S3, 1991; DELETED Ord 2942 S5;2007)
J. Travelers accommodations, subject to the following:
1. That all residences used for travelers accommodation be business-owner
occupied. The business-owner shall be required to reside on the property occupied
by the accommodation, and occupancy shall be determined as the travelers
accommodation location being the primary residence of the owner during operation
of the accommodation. "Business-owner" shall be defined as a person or persons
who own the property and accommodation outright; or who have entered into a
lease agreement with the property owner(s) allowing for the operation of the
accommodation. Such lease agreement to specifically state that the property owner
is not involved in the day to day operation or financial management of the
accommodation, and that the business-owner is wholly responsible for all operations
associated with the accommodation, and has actual ownership of the business. (ORD
2806 S2, 1997)
2. That each accommodation unit shall have 1 off-street parking space, and the
owners shall have 2 parking spaces. All spaces shall be in conformance with the
requirements of the Off-Street Parking section of this Title.
3. That only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior
illumination of signage shall be installed such that it does not directly illuminate
any residential structures adjacent or nearby the travelers's accommodation in
violation of 18.72.110.
4. That the number of accommodation units allowed shall be determined by the
following criteria:
a. That the total number of units, including the owner's unit, shall be determined
by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots
under the same ownership may be combined to increase lot area and the
number of units, but not in excess of the maximum established by this
ordinance. The maximum number of accommodation units shall not exceed
9 per approved travelers accommodation with primary lot frontage on arterial
streets. The maximum number of units shall be 7 per approved travelers
accommodation with primary lot frontage on designated collector streets; or
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 15 -
for travelers's accommodations not having primary frontage on an arterial
and within 200 feet of an arterial. Street designations shall be as determined
by the Ashland Comprehensive Plan. Distances shall be measured via public
street or alley access to the site from the collector or arterial.
b. Excluding the business-owner's unit and the area of the structure it will
occupy, there must be at least 400 sq. ft. of gross interior floor space
remaining per unit.
5. That the primary residence on the site be at least 20 years old. The primary
residence may be altered and adapted for travelers's accommodation use,
including expansion of floor area. Additional structures may be allowed to
accommodate additional units, but must be in conformance with all setbacks and
lot coverages of the underlying zone.
6. Transfer of business-ownership of a travelers accommodation shall be subject to
all requirements of this section,
approval and conformance with the criteria of this section. All travelers's
accommodations receiving their initial approvals prior to the effective date of this
ordinance shall be considered as approved, conforming uses, with all previous
approvals, conditions and requirements remaining in effect upon change of
business-ownership. Any further modifications beyond the existing approvals
shall be in conformance with all requirements of this section.
L. Hostels,
- -- -.
- -
:.. . . :.
may
M. Disc antenna for commercial use.
N. Enlargement, extension, reconstruction, substitution, structural alteration
or reactivation of nonconforming uses and structures pursuant to Section
18.68.090.
O. New structures and additions to existing structures within a designated
Historic District which exceeds the Maximum Permitted Floor Area (MPFA),
subject to the general regulations set forth in Section 18.28.040.
P. Temporary uses.
O. Wireless Communication Facilities when attached to existing structures and
authorized pursuant to Section 18.72.180.
SECTION 36, Section 18.28.040 A.1., R-3, General Regulations, Permitted Density,
of the Ashland Municipal Code, is amended to read as follows:
18.28.040 General Regulations
A. Permitted Density and Minimum Lot Dimensions
1. Base Densities and Minimum Lot Dimensions. The density of the development,
including the density gained through bonus points, shall not exceed the density
established by this section. The density shall be computed by dividing the total
number of dwelling units by the acreage of the project, including land dedicated
to the public. The minimum density shall be 80% of the calculated base density.
Fractional portions of the answer shall not apply towards the total density. Base
density for the R-3 zone shall be 20.0 dwelling units per acre, in addition to the
following standards and exceptions:
a. An accessory residential unit is not required to meet density or
minimum lot area reauirements provided the unit is not greater than
fifty percent (50%) of the gross habitable floor area of the single
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 16 -
family residence on the lot and does not exceed 500 square feet of
gross habitable floor area.
b. heweverr trUnits, not considered as an accessory residential unit and
e#-less than 500 square feet of gross habitable area shall count as 0.75 units
for the purposes of density calculations,.
ca. Minimum lot area for less than two (2) units* shall be 5000 sq. ft. with a
minimum width of 50' and minimum depth of 80'
db. Minimum lot area for 2 units shall be 6,500 sq. ft. with a minimum width of
50' and a minimum depth of 80'.
ee. Developments of 3 units or greater shall have minimum lot area in excess of
8000 sq. ft. and except as determined by the base density and allowable
bonus point calculations, and shall have a minimum width of 50' and a
minimum depth of 80'.
SECTION 37, Section 18.28.040 I.1., R-3, General Regulations, Maximum
Permitted Floor Area for single family dwellings on individual lots within the
Historic District of the Ashland Municipal Code, is amended to read as follows:
I. Maximum Permitted Floor Area for single family dwellings on individual lots
within the Historic District. The maximum permitted floor area for single family
primary dwellings on individual lots within the—an Historic District shall be
determined by the following:
1. The maximum permitted floor area shall include the total floor space of all floors
(gross floor area) of the primary dwelling measured to the outside surfaces of the
building, including but not limited to exterior walls, potential living spaces within
the structure with at least 7' of head room and attached garages. The floor area
shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 38, Section 18.28.040 3.1., R-3, General Regulations, Maximum
Permitted Floor Area for multiple dwellings on a single lot and new residential
construction in Performance Standards Options land divisions created within an
Historic District. of the Ashland Municipal Code, is amended to read as follows:
J. Maximum Permitted Floor Area for multiple dwellings on a single lot and
new residential construction in Performance Standards Options land divisions
created within the an Historic District. The MPFA
shall be determined by the following:
1. The MPFA shall include the total floor space of all floors (gross floor area) of the
primary dwelling units measured to the outside surfaces of the buildingjs,l,
including but not limited to exterior walls, potential living spaces within the
structure with at least 7' of head room and attached garages. The floor area
shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or
accessory residential units shall be separated from other structures by a
minimum of 6', except that unenclosed breezeways or similar open structures
may connect the structures.
SECTION 39, Section 18.30.020, NM General Regulations, of the Ashland Municipal
Code, is amended to read as follows:
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 17 -
18.30.020 , NM General Regulations
B
C.
A. Conformance with North Mountain Neighborhood Plan.
Land uses, streets, alleys and pedestrian/bicycle access ways shall be located in
accordance with those shown on the North Mountain Neighborhood Plan adopted by
Ordinance No. 2800.
1. Major and Minor Amendments
a. Major amendments are those which result in any of the following:
(1) A change in land use.
(2) A change in the street layout plan that requires a street to be eliminated
or to be located in such a manner as to not be consistent with the
neighborhood plan.
(3) A change in the North Mountain Neighborhood Design Standards.
(4) A change in planned residential density.
(5) A change not specifically listed under the major and minor amendment
definitions.
b. Minor amendments are those which result in any of the following:
(1) Changes related to street trees, street furniture, fencing, or signage.
(2) A change in the street layout that requires a local street, alley, easement,
pedestrian/bicycle accessway or utility to be shifted more than 50 feet in
any direction, as long as the change maintains the connectivity
established by the neighborhood plan.
2. Major Amendment Type II Procedure. A major amendment to the neighborhood
plan shall be processed as a Type II planning action concurrently with specific
development proposals. In addition to complying with the standards of this
section, findings must demonstrate that:
a. The proposed modification maintains the connectivity established by the
neighborhood plan;
b. The proposed modification furthers the design and access concepts advocated
by the neighborhood plan, including but not limited to pedestrian access,
bicycle access, and de-emphasis on garages as a residential design feature;
c. The proposed modification will not adversely affect the purpose, objectives, or
functioning of the neighborhood plan.
d. The proposed modification is necessary to adjust to physical constraints
evident on the property, or to protect significant natural features such as trees,
rock outcroppings, wetlands, else—or similar natural features, or to adjust to
existing property lines between project boundaries.
3. Minor Amendment Type I Procedure. A minor amendment to the neighborhood plan
may be approved as a Type I planning action concurrently with specific development
proposals. The request for a minor amendment shall include findings that
demonstrate that the change will not adversely affect the purpose, objectives, or
functioning of the neighborhood plan.
4. Utilities shall be installed underground to the greatest extent feasible. Where
possible, alleys shall be utilized for utility location, including transformers, pumping
stations, etc...
Lots With Alley Access. If the site is served by an alley, access and egress for motor
vehicles shall be to and from the alley. In such cases, curb openings along the street
frontage are prohibited.
Street, Alley and Pedestrian/bicycle Accessway Standards. The standards for
street, alley, and pedestrian/bicycle accessway improvements shall be as designated in
the North Mountain Neighborhood Design Standards.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 18 -
D. Minimum Density. Proposals resulting in the creation of additional parcels or greater
than three units on a single parcel shall provide for residential densities between 75 to
110 percent of the base density for a given overlay, unless reductions in the total
number of units is necessary to accommodate significant natural features, topography,
access limitations or similar physical constraints. (Proposals involving the development
of neighborhood commercial businesses and services shall be exempt from the above
requirements).
E. Density Transfer. Density transfer within a project from one overlay to another may
be approved if it can be shown that the proposed density transfer furthers the design
and access concepts advocated by the neighborhood plan, and provides for a variety of
residential unit sizes, types and architectural styles.
F. Drive-Up Uses. Drive-Up uses are not permitted within the North Mountain
Neighborhood Plan area.
G. Performance Standards Overlay. All applications involving the creation of three or
more lots shall be processed under the Performance Standards Option chapter 18.88.
H. Fencing. No fencing exceeding three feet in height shall be allowed in the front lot area
between the structure and the street. No fencing shall be allowed in areas designated
as Floodplain Corridor.
I. Adjustment of Lot Lines. As part of the approval process for specific development
proposals, adjustments to proposed lot lines may be approved consistent with the
density standards of the neighborhood plan zoning district.
SECTION 40, Section 18.30.030, NM-C Neighborhood Central Overlay, of the
Ashland Municipal Code, is amended to read as follows:
18.30.030, NM-C Neighborhood Central Overlay
A. Permitted Density. The density shall be computed by dividing the total number of
dwelling units by the acreage of the project, including land dedicated to the public.
Fractional portions of the answer shall not apply towards the total density. Base
density for the Neighborhood Central Overlay shall be 20 units per acre, however,
units of less than 500 square feet of gross habitable area shall count as 0.75 units
for the purposes of density calculations.
B. Off-Street Parking. In all areas within the Neighborhood Central Overlay, all uses
are not required to provide off-street parking or loading areas, except for residential
uses where one space shall be provided per residential unit. All parking areas shall
comply with the Off-Street Parking chapter and the Site Review chapter.
C. Area, Yard Requirements: There shall be no minimum lot area, lot coverage, front
yard, side yard or rear yard requirement, except as required under the Off-Street
Parking Chapter or where required by the Site Review Chapter.
D. Solar Access: The solar setback shall not apply in the Neighborhood Central
Overlay.
E. Permitted Uses. The following uses are permitted in the NM-C overlay subject to
conditions limiting the hours and impact of operation;
1. Residential Uses, subject to the above density requirements.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture.
5. Neighborhood Oriented Retail Sales and Personal Services, with each building
limited to 3,500 square feet of total floor area.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 19 -
6. Professional Offices, with each building limited to 3,500 square feet of total floor
area.
7. Restaurants.
8. Manufacturing or assembly of items sold in a permitted use, provided such
manufacturing or assembly occupies 600 square feet or less, and is contiguous to
the permitted retail outlet.
9. Basic Utility Providers, such as telephone or electric providers, with each building
limited to 3,500 square feet of total floor area.
10. Community Services, with each building to 3,500 square feet of total floor area.
11. Churches or Similar Religious Institutions, when the same such use is not located
on a contiguous property, nor more than two such uses in a given Overlay.
12. Neighborhood Clinics, with each building limited to 3,500 square feet of total floor
area.
F. Conditional Uses.
1. Temporary Uses.
2. Public Parking Lots.
G. Lot Coveraae: Maximum lot coverage shall be seventy-five (75) percent.
SECTION 41, Section 18.30.040. C., NM-MF Neighborhood Core Overlay, Yard
Requirements, of the Ashland Municipal Code, is amended to read as follows:
18.30.040, Neighborhood Core Overlay NM-MF
C. Yard Requirements
1. Front Yards. Front yard setbacks sShall be a minimum of ten (101
feet and a maximum of twenty-five (25) feet, excluding garages.
Front yards may be reduced to five (5). feet for unenclosed porches
with a minimum depth of six (6) feet and a minimum width of
eight (8) feet. Garages shall be setback a minimum of fifteen (15),
feet from the front building facade and twenty (201 feet from the
sidewalk. No greater than 50 percent (50%) of the total lineal
building facade facing the street shall consist of garage, carport or
other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of ffive u
feet per for the first story, excluding half-stories and upper floor
dormer space, five (5) feet for each additional story, and. ten
(10) feet when abutting a public street. Single story, detached
garages and accessory structures shall have a minimum three (3) foot
side yard, except that no side yard is required for accessory buildings
sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor
dormer space which may be setback 15 feet. Single story, detached
garages and accessory buildings, and two story accessory buildings
adjacent to an alley shall have a minimum rear yard of
four feet.
SECTION 42, Section 18.30.050.C. and F, NM-R-1-5 Neighborhood General Overlay,
Yard Requirements, and Lot Coverage of the Ashland Municipal Code, is amended
to read as follows:
18.30.050, Neighborhood General Overlay NM-R-1-5
C. Yard Requirements
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 20 -
1. Front Yards. Front yard setbacks sShall be a minimum of ten (10).
feet and a maximum of twenty-five (25j feet, excluding garages.
Front yards may be reduced to five (5). feet for unenclosed porches
with a minimum depth of six f Lfeet and a minimum width of
eight (8) feet. Garages shall be setback a minimum of fifteen (151
feet from the front building facade and twenty (201 feet from the
sidewalk. No greater than 50 percent (50%) of the total lineal
building facade facing the street shall consist of garage, carport or
other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of fFive .(5).
feet per for the first story, excluding half-stories and upper floor
dormer space, five (5) feet for each additional story. and. ten
(10) feet when abutting a public street. Single story, detached
garages and accessory structures shall have a minimum three (3) foot
side yard, except that no side yard is required for accessory buildings
sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor
dormer space which may be setback 15 feet. Single story, detached
garages and accessory buildings, and two story accessory buildings
adjacent to an alley shall have a minimum rear yard of four feet.
D. Permitted Uses.
1. Residential Uses, subject to the above density requirements.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture.
E. Special Permitted Uses.
1. Accessory Residential Units, subject to the following requirements:
a. The proposal must comply with lot coverage and setback requirements
of the underlying zone.
b. That the maximum number of dwellings not exceed two per lot.
c. That the maximum gross habitable floor area (GHFA) of the accessory
residential unit not exceed 50% of the GHFA of the primary residence
on the lot, and shall not exceed 750 sq. ft. GHFA. Second story
accessory residential units constructed above a detached accessory
building shall not exceed 500 sq. ft. GHFA.
d. Additional parking shall be in conformance with the Off-Street Parking
provisions for single-family dwellings of this title.
2. Community Services, with each building limited to 2,500 square feet of
total floor area.
F. Lot Coverage: Maximum lot coverage shall be fifty percent (50%).
SECTION 43, Section 18.30.060.C.and G, NM-R-1-7.5 Neighborhood Edge Overlay,
Yard Requirements and Lot Coverage, of the Ashland Municipal Code, is amended
to read as follows:
18.30.060, Neighborhood Edge Overlay NM-R-1-7.5
C. Yard Requirements
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 21 -
D.
E.
F
1. Front Yards. Front yard setbacks sShall be a minimum of ten (10j feet
and a maximum of twenty-five (251 feet, excluding garages. Front yards
may be reduced to five (5). feet for unenclosed porches with a minimum depth
of six feet and a minimum width of eight (8) feet. Garages shall be
setback a minimum of fifteen (151 feet from the front building facade and
twenty (201 feet from the sidewalk. No greater than 50 percent (50%) of
the total lineal building facade facing the street shall consist of garage,
carport or other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of ffive f 5) feet per
for the first story, excluding half-stories and upper floor dormer space,
five (5) feet for each additional story, and. ten (10) feet when
abutting a public street. Single story, detached garages and accessory
structures shall have a minimum three (3) foot side yard, except that no side
yard is required for accessory buildings sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor dormer
space which may be setback 15 feet. Single story, detached garages and
accessory buildings, and two story accessory buildings adjacent to an alley
shall have a minimum rear yard of four feet.
Permitted Uses.
1. Residential Uses, subject to the above density calculations.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture
Special Permitted Uses.
1. Accessory Residential Units, subject to Site Review approval under a Type I
Procedure and the following requirements:
a. The proposal must comply with lot coverage and setback requirements of the
underlying zone.
b. That the maximum number of dwellings not exceed two per lot.
c. That the maximum gross habitable floor area (GHFA) of the accessory residential
unit not exceed 50% of the GHFA of the primary residence on the lot, and shall
not exceed 750 sq. ft. GHFA. Second story accessory residential units constructed
above a detached accessory building shall not exceed 500 sq. ft. GHFA.
d. Additional parking shall be in conformance with the Off-Street Parking provisions
for single-family dwellings of this title.
Floodplain Corridor
1. Developments including lands within the identified floodplain corridor, including
street development, shall comply with the following requirements:
a. A hydrologic study prepared by a geotechnical expert shall be submitted
concurrently with specific development proposals indicating the impact of the
development on the floodplain corridor, and all efforts to be taken to mitigate
negative impacts from flooding in the area of the floodplain corridor and areas of
historic flooding.
b. The design of Greenway Drive, as indicated on the neighborhood plan, shall
incorporate flood protection measures, as determined by a geotechnical expert,
in the overall design of the new street. Such protection measures shall address
flooding in the floodplain corridor and in areas of historic flooding.
c. A grading plan for the overall development, indicating grade relationships
between the development and the floodplain corridor, shall be included with the
specific development proposal. A statement shall be included, prepared by a
geotechnical expert or licensed surveyor, indicating that the finish grade for all
buildable areas outside of the floodplain corridor shall be at or above the Ashland
floodplain corridor elevations indicated on the officially adopted city maps.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 22 -
G. Lot Coverage: Maximum lot coverage shall be forty-five percent (45%).
SECTION 44, 18.32.025.D., C-1, Retail Commercial District, Special Permitted Uses,
Residential Uses, of the Ashland Municipal Code, is amended to read as follows:
18.32.025 Special Permitted Uses
D. Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or at least 50% of
the total lot area if there are multiple buildings shall be designated for permitted
or special permitted uses, excluding residential.
2. Residential densities shall not exceed 30 dwelling units per acre in the C-1
District, and 60 dwelling units per acre in the C-1-D District. For the purpose
of density calculations, units of less than 500 square feet of gross
habitable floor area shall count as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the underlying C-1 or C-1-D District.
4. Off-street parking shall not be required for residential uses in the C-1-D District.
5. If the number of residential units exceeds 10, then at least 10% of the residential
units shall be affordable for moderate income persons in accord with the
standards established by resolution of the Ashland City Council through
procedures contained in the resolution. The number of units required to be
affordable shall be rounded down to the nearest whole unit.
SECTION 45, 18.32.025.E., C-1, Retail Commercial District, Special Permitted Uses,
Drive Up uses, of the Ashland Municipal Code, is amended to read as follows:
18.32.025 Special Permitted Uses
E. Drive-up uses as defined and regulated as follows:
1. Drive-up uses may be approved in the C-1 District only, and only in the area
east of a line drawn perpendicular to Ashland Street at the intersection
of Ashland Street and Siskivou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the
Comprehensive Plan.
3.4 Drive-up uses are subject to the following criteria:
a. The average waiting time in line for each vehicle shall not exceed five
minutes. Failure to maintain this average waiting time may be grounds for
revocation of the approval.
b. All facilities providing drive-up service shall provide at least two designated
parking spaces immediately beyond the service window or provide other
satisfactory methods to allow customers requiring excessive waiting time to
receive service while parked.
c. A means of egress for vehicular customers who wish to leave the waiting line
shall be provided.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 23 -
d. The grade of the stacking area to the drive-up shall either be flat or downhill
to eliminate excessive fuel consumption and exhaust during the wait in line.
e. The drive-up shall be designed to provide as much natural ventilation as
possible to eliminate the buildup of exhaust gases.
f. Sufficient stacking area shall be provided to ensure that public rights-of-way
are not obstructed.
g. The sound level of communications systems shall not exceed 55 decibels at
the property line and shall otherwise comply with the Ashland Municipal Code
regarding sound levels.
h. The number of drive-up uses shall not exceed the 12 in existence on July 1,
1984. Drive-up uses may be transferred to another location in accord with all
requirements of this section. The number of drive-up window stalls shall not
exceed 1 per location, even if the transferred use had greater than one stall.
SECTION 46, 18.32.030, C-1, Retail Commercial District Conditional Uses, of the
Ashland Municipal Code, Is amended to read as follows:
18.32.030 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in accordance
with the chapter on Conditional Use Permits:
A. Electrical substations.
B. Automobile fuel sales, and automobile and truck repair facilities, except as allowed
as a special permitted use in 18.32.025.
C. New and used car sales, boat, trailer, and recreational vehicles sales and storage
areas, except within the Historic Interest Area as defined in the Comprehensive Plan.
D. Hotels and motels.
E. Temporary uses.
F. Outdoor storage of commodities associated with a permitted, special permitted or
conditional use.
G. Hostels, provided that the facility be subject to an annual Type I review for at least
the first three years, after which time the Planning Commission may approve, under
a Type II procedure, a permanent permit for the facility.
H. Building material sales yards, but not including concrete or asphalt batch or mixing
plants.
I. Churches or similar religious institutions.
3. Wireless Communication Facilities not permitted outright and authorized
pursuant to Section 18.72.180.
K. Structures which are greater than forty (40) feet in height, but less than
fifty-five (55) feet, in the "D" Downtown Overlay District.
SECTION 47, 18.40.020, E-1, Employment District, Permitted Uses, of the Ashland
Municipal Code, is amended to read as follows:
18.40.020 Permitted Uses.
The following uses and their accessory uses are permitted outright, subject to the
requirements of Chapter 18.72, Site Design and Use Standards:
A. Professional, financial, and business and medical offices, and personal service
establishments.
B. Stores, shops and offices supplying commodities or performing services, except that
retail uses shall be limited to no greater than 20,000 sq. ft. of gross leasable floor
space per lot.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 24 -
C. Restaurants. (Ord 2812, S4 1998)
D. Electrical, furniture, plumbing shop, printing, publishing, lithography or upholstery.
E. Light manufacturing, assembly, fabricating, or packaging of products from previously
prepared materials, such as cloth, plastic, wood (not including saw, planing, or
lumber mills or molding plants), paper, cotton, precious or semi-precious metals or
stone.
F. Manufacture of electric, electronic, or optical instruments and devices.
G. Administrative or research establishments.
H. Motion picture, television, or radio broadcasting studios operating at an established
or fixed location.
I. Mortuaries and crematoriums.
1. Building material sales yards, but not including concrete or asphalt batch or mixing
plants.
K. Kennels and veterinary clinics, with all animals housed within structures.
L. Bakeries
M. Public and quasi-public utility and service buildings and yards, structures, and public
parking lots, but excluding electrical substations.
N. Manufacture of pharmaceutical and similar items.
O. Wireless Communication Facilities permitted outright pursuant to Section
18.72.180.
SECTION 48, 18.40.030.E., E-1, Employment District, Special Permitted Uses,
Residential Uses, of the Ashland Municipal Code, is amended to read as follows:
18.40.030, Special Permitted Uses
E. Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or at least 50% of
the total lot area if there are multiple buildings shall be designated for permitted
or special permitted uses, excluding residential.
2. Residential densities shall not exceed 15 dwelling units per acre. For the
purpose of density calculations, units of less than 500 sauare feet of
gross habitable floor area shall count as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the E-1 District.
4. Residential uses shall only be located in those areas indicated as R-Overlay within
the E-1 District, and shown on the official zoning map.
5. If the number of residential units exceed 10, then at least 10% of the residential
units shall be affordable for moderate income persons in accord with the
standards established by resolution of the Ashland City Council through
procedures contained in the resolution. The number of units required to be
affordable shall be rounded down to the nearest whole unit.
SECTION 49, 18.40.040, E-1,Employment District, Conditional Uses, of the Ashland
Municipal Code, is amended to read as follows:
18.40.040 Conditional Uses
The following uses and their accessory uses are permitted when authorized in
accordance with the chapter on Conditional Use Permits:
A. Electrical substations.
B. Mini-warehouses and similar storage areas.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 25 -
C. Contractor equipment storage yards or storage and rental of equipment commonly
used by a contractor.
D. Automobile fuel sales.
E. New and used car sales, boat, trailer and recreational vehicles sales and storage
areas, provided that the use is not located within the Historic Interest Area as
defined in the Comprehensive Plan.
F. Hotels and motels.
G. Any use which involves outside storage of merchandise, raw materials, or other
material associated with the primary use on the site.
H. Private college, trade school, technical school, or similar school.
I. Cabinet, carpentry, machine, and heating shops, if such uses are located less than or
equal to 200' from the nearest residential district.
J. Cold storage plants, if such uses are located less than or equal to 200' from the
nearest residential district.
K. Automotive body repair and painting, including paint booths.
1. The use shall not be located within 200' of the nearest residentially zoned
property.
2. All objectionable odors associated with the use shall be confined to the lot, to the
greatest extent feasible. For the purposes of this provision, the standard for
judging "objectionable odors" shall be that of an average, reasonable person with
ordinary sensibilities after taking into consideration the character of the
neighborhood in which the odor is made and the odor is detected.
3. The use shall comply with all requirements of the Oregon Department of
Environmental Quality.
L. Churches and similar religious institutions
M. Nightclubs and Bars.
N. Theaters (excluding drive-in) and similar entertainment uses.
O. Temporary uses.
P. Wireless Communication Facilities not permitted outright and authorized
pursuant to Section 18.72.180.
SECTION 50, 18.52.030, M-1, Industrial District, Conditional Uses, of the Ashland
Municipal Code, is amended to read as follows:
18.52.030 Conditional Uses.
The following uses and their accessory uses are permitted when authorized in
accordance with the chapter on Conditional Use Permits:
A. Junkyard and auto wrecking yards.
B. Kennels and veterinary clinics.
C. Banks, restaurants or other convenience establishments designed to serve persons
working in the zone only.
D. Concrete or asphalt batch or mixing plants.
E. Temporary uses.
F.. Wireless Communication Facilities not permitted outright and authorized
pursuant to Section 18.72.180.
SECTION 51, 18.54.030, HC, Health Care Services Zone, Conditional Uses, of the
Ashland Municipal Code, is amended to read as follows:
18.54.030 Conditional Uses
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 26 -
The following uses and their accessory uses are permitted when authorized in
accordance with the Chapter on Conditional Use Permits:
A. Limited personal service providers in the home, such as beauticians and
masseurs.
B. Travelers' accommodations, subject to the requirements of the R-2 zone.
C. Professional offices for an accountant, architect, attorney, designer, engineer,
insurance agent or adjuster, investment or management counselor or surveyor.
D. Any medically-related use, located on City-owned property, that is not
specifically allowed by the Ashland Community Hospital Master Facility Plan.
E. Wireless Communication Facilities authorized pursuant to Section
18.72.180.
SECTION 52, 18.61.020.A., Tree Preservation and Protection, , Definitions, of the
Ashland Municipal Code, is amended to read as follows:
18.61.020 Definitions.
A. Arborist means a person licensed by the State of Oregon State Landscape
Contractors Board or Construction Contractors Board who has-met-the
cam, itcrio for is certified eationt as an arborist from the International Society of
Arboriculture or American Society of Consulting Arborists, maint_.__ hi_ _..
SECTION 53, 18.61.020.E., Tree Preservation and Protection, Definitions, of the
Ashland Municipal Code, is amended to read as follows:
18.61.020 Definitions.
D. Diameter at breast height or DBH means the diameter of the trunk think, at its
maximum cross section, measured 54 inches (4 1/2 feet) above mean ground level
at the base of the trunk. On sloped lands, the measurement shall be taken on
the uphill side of tree.
SECTION 54, 18.61.035, Tree Preservation and Protection, Exempt Tree Removal
Activities, of the Ashland Municipal Code, is amended to read as follows:
18.61.035 Exempt Tree Removal Activities.
The following activities are exempt from the requirement for tree removal permits:
A. Those activities associated with the establishment or alteration of any public park
under the Ashland Parks and Recreation Commission. However, the Ashland Parks
and Recreation Department shall provide an annual plan in January to the Tree
Commission outlining proposed tree removal and topping activities, and reporting on
tree removal and topping activities that were carried out in the previous year.
B. Removal of trees in single family residential zones on lots occupied only by a single
family detached dwelling and associated accessory structures, except as otherwise
regulated by the Physical and Environmental Constraints ordinance (18.62.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 27 -
C. Removal of trees in multi-family residential zones on lots occupied only by a single
family detached dwelling and associated accessory structures, except as otherwise
regulated by the Physical and Environmental Constraints ordinance (18.62).
D. Removal of trees less than 6" DBH in any zone, excluding those trees located within
the public right of way or required as conditions of approval with landscape
improvements for planning actions.
E. Removal of trees less than 18" DBH on any public school lands, Southern Oregon
University, and other public land„but-excluding Heritage trees street t-___
F. Removal of trees within the Wildfire Lands area of the City, as defined on adopted maps, for the
purposes of wildfire fuel management, and in accord with the requirements of the Physical and
Environmental Constraints Chapter- 18.62.
G. Removal of dead trees.
H. Those activities associated with tree trimming for safety reasons, as mandated by the Oregon
Public Utilities Commission, by the City's Electric and Telecommunication Utility. However, the
Utility shall provide an annual plan to the Tree Commission outlining tree trimming activities and
reporting on tree trimming activities that were carried out in the previous year. Tree trimming
shall be done, at a minimum, by a Journeyman Tree Trimmer, as defined by the Utility, and will
be done in conformance and to comply with OPUC regulations.
I. Removal of street trees within the public right-of-way subject to street tree
removal permits in AMC 13.16.
SECTION 55, 18.61.042.B., Tree Preservation and Protection, Approval and Permit
Required, Verification Permit, of the Ashland Municipal Code, is amended to read
as follows:
18.61.042, Approval and Permit Required
B. TREE REMOVAL - VERIFICATION PERMIT:
1. If a site has received development approval through a planning action consistent
with the standards of this chapter, then a Verification Permit shall be required for
those trees approved for removal through that process. To obtain a verification
permit, an applicant must clearly identify on the property the trees to be
removed by tying pink tagging tape around each tree and submitting a site plan
indicating the location of the requested trees. Vegetation 4” to 6" DBH that is to
be removed shall also be marked with pink tagging tape. The Staff Advisor may
require the building footprint of the development to be staked to allow for
accurate verification of the permit application. The Staff Advisor will then verify
that the requested trees match the site plan approved with the planning action.
The City shall require the applicant to mitigate for the removal of each tree
pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of
approval of the original development permit.
2. Verification permits shall be required prior to the issuance of an excavation
permit or building permit and prior to any site disturbance and/or storage
of materials on fer the subject property.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 28 -
SECTION 56, 18.61.042.D., Tree Preservation and Protection, Approval and Permit
Required, Tree Removal, staff Permit, of the Ashland Municipal Code, is amended
to read as follows:
D. TREE REMOVAL - STAFF PERMIT:
1. Tree Removal-Staff Permits are required for the following activities:
a. Removal of trees greater than 6" DBH on any private lands zoned C-I, E-I, M-
I, 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-I, RR, WR, and NM zones.
d. Removal of significant trees on lands 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 - Staff Permits shall be reviewed and approved by the
Staff Advisor pursuant to AMC 18.61.080 (Approval Criteria) and 18.108.0340 (Type
I Procedure 'tee ). If the tree removal is part of another planning
action involving development activities, the tree removal application, if timely filed,
shall be processed concurrently with the other planning action.
SECTION 57, 18.61.050.A., Tree Preservation and Protection, Plans Required, of
the Ashland Municipal Code,
is amended to read as follows:
18.61.050 .Plans Submittal Requirements.d
A. An application for all Tree Removal and Tree Topping Permits shall
include:
a. Plans drawn to scale sham containing a tThe number, size, species and
location of the trees proposed to be removed or topped on a site plan of the
property.
b. The anticipated date of removal or topping.
c. A statement of the reason for removal or topping.
d. Information concerning proposed landscaping or planting of new trees to replace
the trees to be removed, and
e. Evidence that the trees proposed for removal or toppinged have been clearly
identified on the property for visual inspection.
f. A Tree Protection Plan that includes trees located on the subject site that
are not proposed for removal. and any off-site trees where drip lines
extend into proposed landscaped areas on the subject site. Such plans
shall conform to the protection reauirements under Section 18.61.200.
Any other information reasonably required by the City.
SECTION 58, 18.61.080.B., Tree Preservation and Protection, Criteria for Issuance
of Tree Removal Staff Permit, of the Ashland Municipal Code, is amended to read
as follows:
18.61.080 Criteria for Issuance of Tree Removal Staff Permit
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 29 -
An applicant for a Tree Removal-Staff Permit shall demonstrate that the following
criteria are satisfied. The Staff Advisor may require an arborist's report to
substantiate the criteria for a permit.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree
that is not a hazard if the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to be
consistent with other applicable Ashland Land Use Ordinance requirements and
standards, including but not limited to applicable Site Design
and Use Standards and Physical and Environmental Constraints). The Staff
Advisor may require the building footprint of the development to be staked to
allow for accurate verification of the permit application; and
2. Removal of the tree will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, or existing
windbreaks; and
3. Removal of the tree will not have a significant negative impact on the tree
densities, sizes, canopies, and species diversity within 200 feet of the subject
property.
The City shall grant an exception to this criterion when alternatives to the tree
removal have been considered and no reasonable alternative exists to allow the
property to be used as permitted in the zone. Nothing in this section shall require
that the residential density be reduced below the permitted density allowed by
the zone. In making this determination, the City may consider alternative site
plans or placement of structures or alternate landscaping designs that would
lessen the impact on trees, so long as the alternatives continue to comply with
other provisions of the Ashland Land Use Ordinance.
4. The City shall require the applicant to mitigate for the removal of each tree
granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall
be.a condition of approval of the permit.
SECTION 59, 18.61.084, Tree Preservation and Protection, Mitigation Required, of
the Ashland Municipal Code, is amended to read as follows:
18.61.084, Mitigation Required
An applicant may shall be required to provide mitigation for any tree approved for
removal. The mitigation requirement shall be satisfied by one or more of the
following:
A. Replanting on site. The applicant shall plant either a minimum 1 1/2-inch caliper
healthy and well-branched deciduous tree or a 5-6 foot tall evergreen tree for
each tree removed. The replanted tree shall be of a species that will eventually
equal or exceed the removed tree in size if appropriate for the new location.
Larger trees may be required where the mitigation is intended, in part, to
replace a visual screen between land uses. "Suitable" species means the
tree's growth habits and environmental requirements are conducive to
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 30 -
the site, given the existing topography, soils, other vegetation, exposure
to wind and sun, nearby structures, overhead wires, etc. The tree shall be
planted and maintained according to the specifications in the City Tree Planting
and Maintenance Guidelines as approved by the City Council.
B. Replanting off site. If in the City's determination there is insufficient available
space on the subject property, the replanting required in subsection A shall occur
on other property in the applicant's ownership or control within the City, in an
open space tract that is part of the same subdivision, or in a City owned or
dedicated open space or park. Such mitigation planting is subject to the approval
of the authorized property owners. If planting on City owned or dedicated
property, the City may specify the species and size of the tree. Nothing in this
section shall be construed as an obligation of the City to allow trees to be planted
on City owned or dedicated property.
C. Payment in lieu of planting. If in the City's determination no feasible alternative
exists to plant the required mitigation, the applicant shall pay into the tree
account an amount as established by resolution of the City Council.
D. An approved mitigation plan shall be fully implemented within one year
of a tree beina removed unless otherwise set forth in a tree removal
application and approved in the tree removal permit.
SECTION 60, 18.61.092, Tree Preservation and Protection, Expiration of Tree
Removal Permits, of the Ashland Municipal Code, is amended to read as follows:
18.61.092, Expiration of Tree Removal Permits
Tree removal permits shall remain valid for a period of one vear4.89-days from the
date of issuance or date of final decision by a hearing body, if applicable. A 30 day
extension shall be automatically granted by the Staff Advisor if requested in writing
before the expiration of the permit. Permits that have lapsed are void. Trees
removed after a tree removal permit has expired shall be considered a violation of
this Chapter.
SECTION 61, 18.62.040.H., Physical and Environmental Constraints, Approval and
Permit Required, Plans Required of the Ashland Municipal Code, is amended to
read as follows:
18.62.040 Approval and Permit Required.
H. Plans Required. The following plans shall be required for any development requiring
a Physical Constraints Review:
1. The plans shall contain the following:
a. Project name.
b. Vicinity map.
c. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing
the largest scale that fits on 22" x 34" paper. Multiple plans or layers shall be
prepared at the same scale, excluding detail drawings. The Staff Advisor
may authorize different scales and plan sheet sizes for projects,
provided the plans provide sufficient information to clearly identify
and evaluate the application reauest.
d. North arrow.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 31 -
e. Date.
f. Street names and locations of all existing and proposed streets within or on
the boundary of the proposed development.
g. Lot layout with dimensions for all lot lines.
h. Location and use of all proposed and existing buildings, fences and structures
within the proposed development. Indicate which buildings are to remain and
which are to be removed.
i. Location and size of all public utilities affected by the proposed development.
j. Location of drainage ways or public utility easements in and adjacent to the
proposed development. Location of all other easements.
k. topographic map of the site at a contour interval of not less than two feet nor
greater than five feet. The topographic map shall also include a slope
analysis, indicating buildable areas, as shown in the graphic.
I. Location of all parking areas and spaces, ingress and egress on the site, and
on-site circulation.
m Accurate locations of all existing natural features including, but not limited to,
all trees as required in 18.62.080.D.1, including those of a caliper equal to or
greater than six inches d.b.h., native shrub masses with a diameter of ten
feet or greater, natural drainage, swales, wetlands, ponds, springs, or creeks
on the site, and outcroppings of rocks, boulders, etc. Natural features on
adjacent properties potentially impacted by the proposed development shall
also be included, such as trees with driplines extending across property lines.
In forested areas, it is necessary to identify only those trees which will be
affected or removed by the proposed development. Indicate any
contemplated modifications to a natural feature.
n. The proposed method of erosion control, water runoff control, and tree
protection for the development as required by this chapter.
o. Building envelopes for all existing and proposed new parcels that contain only
buildable area, as defined by this Chapter.
p. Location of all irrigation canals and major irrigation lines.
q. Location of all areas of land disturbance, including cuts, fills, driveways,
building sites, and other construction areas. Indicate total area of
disturbance, total percentage of project site proposed for disturbance, and
maximum depths and heights of cuts and fill.
r. Location for storage or disposal of all excess materials resulting from cuts
associated with the proposed development.
s. Applicant name, firm preparing plans, person responsible for plan
preparation, and plan preparation dates shall be indicated on all plans.
t. Proposed timeline for development based on estimated date of approval,
including completion dates for specific tasks.
2. Additional plans and studies as required in Sections 18.62.070, 18.62.080,
18.62.090 and 18.62.100 of this Chapter.
SECTION 62, 18.62.050.A., Physical and Environmental Constraints, Land
Classifications, Flood plain Corridor Lands, of the Ashland Municipal Code, is
amended to read as follows:
18.62.050 Land Classifications.
The following factors shall be used to determine the classifications of various lands
and their constraints to building and development on them:
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 32 -
A. Flood plain Corridor Lands - Lands with potential stream flow and flood hazard.
The following lands are classified as Flood plain Corridor lands:
1. All land contained within the 100 year Flood plain as defined by the
Federal Flood Insurance Program ,
and in maps adopted by Chapter 15.10 of the Ashland Municipal Code.
2. All land within the area defined as Flood plain Corridor land in maps
adopted by the Council as provided for in section 18.62.060.
3. All lands which have physical or historical evidence of flooding in the
historical past.
4. All areas within 20 feet (horizontal distance) of any creek designated for
Riparian Preservation in 18.62.050.B and depicted as such on maps
adopted by the Council as provided for in section 18.62.060.
5. All areas within ten feet (horizontal distance) of any drainage channel
depicted on maps adopted by the Council but not designated as Riparian
Preservation.
SECTION 63, 18.62.070. A. , Physical and Environmental Constraints, Development
Standards for Flood Plain Corridor Lands, Standards for Fill, of the Ashland
Municipal Code, is amended to read as follows:
18.62.070 Development Standards for Flood plain Corridor Lands.
For all land use actions which could result in development of the Flood plain Corridor,
the following is required in addition to any requirements of Chapter 15.10:
A. Standards for fill in Flood plain Corridor lands:
1. Fill shall be designed as required by the Uniform International Building
Code and International Residential Code, , where applicable.
2. The toe of the fill shall be kept at least ten feet outside of floodway channels,
as defined in section 15.10, and the fill shall not exceed the angle of repose of
the material used for fill.
3. The amount of fill in the Flood plain Corridor shall be kept to a minimum. Fill
and other material imported from off the lot that could displace floodwater
shall be limited to the following:
a. Poured concrete and other materials necessary to build permitted
structures on the lot.
b. Aggregate base and paving materials, and fill associated with approved
public and private street and driveway construction.
c. Plants and other landscaping and agricultural material.
d. A total of 50 cubic yards of other imported fill material.
e. The above limits on fill shall be measured from April 1989, and shall not
exceed the above amounts. These amounts are the maximum cumulative
fill that can be imported onto the site, regardless of the number of permits
issued.
4. If additional fill is necessary beyond the permitted amounts in (3) above, then
fill materials must be obtained on the lot from cutting or excavation only to
the extent necessary to create an elevated site for permitted development.
All additional fill material shall be obtained from the portion of the lot in the
Flood plain Corridor.
5. Adequate drainage shall be provided for the stability of the fill.
6. Fill to raise elevations for a building site shall be located as close to the
outside edge of the Flood plain Corridor as feasible.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 33 -
SECTION 64, 18.62.070.G., Physical and Environmental Constraints, Development
Standards for Flood Plain Corridor Lands, of the Ashland Municipal Code, is
amended to read as follows:
18.62.070 Development Standards for Flood plain Corridor Lands.
For all land use actions which could result in development of the Flood plain Corridor,
the following is required in addition to any requirements of Chapter 15.10:
G. New non-residential uses may be located on that portion of Flood plain Corridor
lands that equal to or above the flood elevations on the official maps adopted in
section 18.62.060. Second story construction may be cantilevered or supported
by pillars that will have minimal impact on the flow of floodwaters over
the Flood plain corridor for a distance of 20 feet if it does not impact riparian
vegetation, and the clearance from finished grade is at least ten feet in height,
and ' will have minimal impact on the flow of
floodwaters. The finished floor elevation may not be more than two feet below
the flood corridor elevations.
SECTION 65, 18.62.080.8.1., Physical and Environmental Constraints,
Development Standards for Hillside Lands, Hillside Grading and Erosion Control, of
the Ashland Municipal Code, is amended to read as follows:
18.62.080 Development Standards for Hillside Lands.
B. Hillside Grading and Erosion Control. All development on lands classified as hillside
shall provide plans conforming with the following items:
1. All grading, retaining wall design, drainage, and erosion control plans for
development on Hillside Lands shall be designed by a geotechnical expert. All
cuts, grading or fills shall conform to the Uniform International
Building Code and be consistent with the provisions of this Title. Erosion
control measures on the development site shall be required to minimize the solids
in runoff from disturbed areas.
SECTION 66, 18.62.080.D.4., Physical and Environmental Constraints,
Development Standards for Hillside Lands, Tree Conservation, Protection and
Removal, Tree Protection, of the Ashland Municipal Code, is amended to read as
follows:
18.62.080 Development Standards for Hillside Lands.
D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall
conform to the following requirements:
4. Tree Protection. On all properties where trees are required to be preserved
during the course of development, the developer shall follow the following tree
protection standards:
a. All trees designated for conservation shall be clearly marked on the project
site. Prior to the start of any clearing, stripping, stockpiling, trenching,
grading, compaction, paving or change in ground elevation, the applicant
shall install fencing at the drip line of all trees to be preserved adjacent to or
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 34 -
in the area to be altered. Temporary fencing shall be established at the
perimeter of the dripline. Prior to grading or issuance of any permits, the
fences may be inspected and their location approved by the Staff Advisor.
(see grophie18.61.200)
..-, *i
;!
a —1Tree Conservat ion
Guideline
lfr,, It
-t
Protective Fencing
should he secured by
_ •a" ~ .1111.18-11
,gging 'I Rpe ~ lo° o~emcu.r 1
~ ni;hli~ht ¡¡ Dripline . K `i 1l
nenlia~\ l' I I~ I u~ ~ Lnt +~ ±l`~~i 4' ''
fence height
ill ,
!\reR ..~j ~ 1 RrtrKtb , I
Ares
K! Out
.A d4ional 3' Protection
Area — I land l ixcarale
\~ l
Only - No Heavy
Dripline Fence Diamet er Equipment or Parking
b. Construction site activities, including but not limited to parking, material
storage, soil compaction and concrete washout, shall be arranged so as to
prevent disturbances within tree protection areas.
---- Dri ne
Tree Canopy ~~t
To provide minimum prot ect ion t o t he
root area, t alre t he greatest radius
from t runk t o dripline and crest e a
regular circle, using t he longest radius,
rat hert han t o follow an irregular,
above ground, exist ing t ree dripline.
No grading, stripping, compaction, or significant change in ground elevation
shall be permitted within the drip line of trees designated for conservation
unless indicated on the grading plans, as approved by the City, and landscape
professional. If grading or construction is approved within the dripline, a
landscape professional may be required to be present during grading
operations, and shall have authority to require protective measures to protect
the roots.
d. Changes in soil hydrology and site drainage within tree protection areas shall
be minimized. Excessive site run-off shall be directed to appropriate storm
drain facilities and away from trees designated for conservation.
e. Should encroachment into a tree protection area occur which causes
irreparable damage, as determined by a landscape professional, to trees, the
project plan shall " be revised to compensate for the loss. Under no
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 35 -
circumstances shall the developer be relieved of responsibility for compliance
with the provisions of this chapter.
SECTION 67, 18.64, SO, Southern Oregon State College District, of the Ashland
Municipal Code, is amended to read as follows:
CHAPTER 18.64, SO, SOUTHERN OREGON UNIVERSITY STATE LECE
DISTRICT
SECTION 68, 18.64.010, SO, Southern Oregon State College District, Purpose, of
the Ashland Municipal Code, is amended to read as follows:
18.64.010 Purpose.
This district is designed to provide for the unique needs of SOSE SOU as a State
educational institution functioning within the planning framework of the City. It can
be applied to all areas now or hereinafter owned by the State of Oregon acting by
and through the State Board of Higher Education and Southern Oregon State
Eellege University and located within the SASE SOU boundary, as shown on the
SASE SOU Comprehensive Plan, adopted by SASE SOU and approved by the City.
SECTION 69, 18.64.020, Southern Oregon State College District, Permitted Uses,
of the Ashland Municipal Code, is amended to read as follows:
18.64.020 Permitted Uses.
A. Uses permitted outright are all those which are directly related to the educational
functions of SASESOU, provided that such uses are indicated and located in
conformance with the adopted and City approved-S SE SOU Comprehensive Plan,
and are greater than fifty (50) feet from privately owned property.
B. Wireless Communication Facilities authorized pursuant to Section
18.72.180.
SECTION 70, 18.64.030, Southern Oregon State College District, Conditional Uses,
of the Ashland Municipal Code, is amended to read as follows:
18.64.030 Conditional Uses.
A. Any use, site design, or construction or alteration of same not agreed upon in
advance by the City and3ASC SOU in the SASE SOU Plan.
B. Any use, site design, or construction within fifty (50) feet of privately-owned
property.
C. Any construction over forty (40) feet in height.
D. Wireless Communication Facilities not permitted outright and authorized
pursuant to Section 18.72.180.
SECTION 71, 18.64.040, Southern Oregon State College District, General
Regulations, of the Ashland Municipal Code, is amended to read as follows:
18.64.040 General Regulations.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 36 -
This Chapter, together with the Site Review, Sign and Off-Street Parking Chapters of
this Title, are the only portions of the Title to be effective within the SASE SOU
zone, except for areas within fifty (50) feet of privately-owned land, which are
subject to the Chapter on Conditional Use Permits.In addition, the creation or
vacation of public streets or public ways shall be subject to mutual agreement
between the City and SASE SOU and all other applicable laws.
SECTION 72, 18.68.040, General Regulations, Yard Measurements, of the Ashland
Municipal Code, is amended to read as follows:
18.68.040, Yard Meesupenients Rea uirements.
All yard measurements to and between buildings or structures or for the purpose of
computing coverage or similar requirements shall be made to the building or nearest
projection. - . _ _ - _ _ - _ - - _
that-Aarchitectural projections may intrude eighteen (18) inches into the reauired
yards. requirement.
SECTION 73, 18.68.090, General Regulations, Nonconforming Uses and Structures,
of the Ashland Municipal Code, is amended to read as follows:
18.68.090, Nonconforming Uses and Structures
A. A non-conforming use or structure may not be enlarged, extended, reconstructed,
substituted, or structurally altered, except as follows:
1. When authorized in accordance with the same procedure as provided in
Conditional Use Chapter 18.104 and the criteria of Section 18.104.050(B
and C), a nonconforming use may be changed to one of the same or a more
restricted nature, except that a Conditional Use Permit need not be
obtained when the use is changed to a permitted use within the zoning
district.
2. When authorized in accordance with the same procedure as provided in
Conditional Use Chapter 18.104 and the criteria of Section 18.104.050(B
and CI, an existing nonconforming structure may be enlarged, extended,
reconstructed or the footprint modified, , except that
a Conditional Use Permit need not be obtained
- • - - _ - - - . - , _ = _ - _ - when the addition or
extension meets all requirements of this Title.
3. A non-conforming structure may be restored or
rehabilitated if it is not changed in size or
shape, provided that the use of the structure is not changed except if in
conformance with the procedures of Section 18.68.090.A.1 above.
4. Nothing in this section shall be deemed to prevent the normal
maintenance and repair of a non-conforming structure or its restoration
to a safe condition when declared to be unsafe by any official charged
with protecting public safety.
5. A legal nonconforming structure or nonconforming use that is damaged
to an extent of 50% or more of its replacement cost may be restored
only if the damage was not intentionally caused by the property owner
and the nonconformity is not increased. Any residential structure(s),
including multiple-family, in a residential zone damaged bevond 50% of
its replacement cost by a catastrophe, such as fire that is not
intentionally caused by the owner, may be reconstructed at the original
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 37 -
density provided the reconstruction is commenced within 2 years after
the catastrophe.
B. Discontinuance. If the nonconforming use of a building structure, or premises
ceases for a period of six (6) months or more, said use shall be considered
abandoned; and said building, structure, or premises shall thereafter be used only
for uses permitted in the district in which it is located. Discontinuance shall not
include a period
of active reconstruction following a fire or other result of natural
hazard; and the Planning Commission may extend the discontinuance period in the
event of special unique unforeseen circumstances.
C. Reactivation. A non-conforming use, which has been abandoned for a period of
more than six (6) months may be reactivated to an equivalent or more restricted use
through the Conditional Use and Site Review process. In evaluating whether or not
to permit the reactivation of a non-conforming use, the Planning Commission, in
addition to using the criteria required for a Conditional Use Permit and Site Review,
shall also use the following additional criteria:
1. That any improvements for the reactivation of the non-conforming use to-on
on the site shall be less than fifty (50%)
percent of the value of the structure. The value of the structure shall be
determined by - - _ - • • - • - - _ _ _ _ - - -
an independent real estate appraiser licensed in the State of
Oregon. The value of the improvement shall be determined based upon
copies of the contractor's bid for said improvements, which shall be
required with the Conditional Use permit application. Personal property
necessary for the operation of the business or site improvements not included in
the structure shall not be counted as improvements under this criterionthie
eriferia.
2. An assessment that the traffic generated by the proposed use would not be
greater than permitted uses on the site. In assessing the traffic generated by the
proposed use, the Planning Commission shall consider the number of vehicle trips
per day, the hours of operation, and the types of traffic generated; i.e., truck or
passenger vehicle. The Planning Commission shall modify the Conditional Use
Permit so that the operation of the non-conforming use is limited to the same
traffic impact as permitted uses in the same zone.
3. That the noise generated by the proposal will be mitigated so that it complies
with the Ashland Noise Ordinance, Chapter 9.08.170, and also that it does not
exceed the average ambient noise level already existing in the area, as measured
by this standard.
4. That there will be no lighting of the property which would have direct illumination
on adjacent uses and that there would be no reflected light from the property
greater than the amount of reflected light from any permitted use in that same
zone.
5. In a residential zone the findings must further address that such reactivation will
further implement Goal VI, Policy 2, Housing Chapter of the Ashland
Comprehensive Plan.
6. Nothing herein shall apply to non-conforming signs, which are governed by the
provisions of Section 18.96.150 of this Code.
D. Building or structure: Nothing contained in this Title shall require any change in
the plans, construction, alteration, or designated use of a structure for which a
building permit has been issued and construction has commenced prior to the
adoption of the ordinance codified herein and subsequent amendments thereto,
except that if the designated use will be nonconforming, it shall, for the purpose of
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 38 -
subsection (B) of this Section, be a discontinued use if not in operation within two
(2) years of the date of issuance of the building permit.
SECTION 74, 18.68.110, General Regulations, Front Yard – General Exception, of
the Ashland Municipal Code, is amended to read as follows:
18.68.110, Front Yard—General Exception
A. If there are dwellings or accessory buildings on both abutting lots (even if separated
by an alley or private way) with front or side yards abutting a public street with
of less than the required depth setback for the district, the front yard for the lot
need not exceed the average yard of the abutting structures.
B. If there is a dwelling or accessory building on one (1) abutting lot with a front yard
of less than the required depth for the district, the front yard need not exceed a
depth one-half (1/2) way between the depth of the abutting lot and the required front
yard depth.
C. The front yard may be reduced to ten (10) feet on hillside lots where the terrain has
an average steepness equal to, or exceeding a one (1) foot rise or fall in two four
(4.) feet of horizontal distance within the entire required yard, said vertical rise or
fall to be measured from the natural ground level at the property line.
SECTION 75, 18.68.140, General Regulations, Accessory Buildings and Structures,
of the Ashland Municipal Code, is amended to read as follows:
18.68.140 Accessory Buildings, and Structures and Mechanical Equipment.
Accessory buildings and structures shall comply with all requirements for the
principal use except where specifically modified by this Title and shall comply with
the following limitations:
A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R
district.
B. A guest house may be maintained accessory to a single-family dwelling provided
there are no kitchen cooking facilities in the guest house.
C. Mechanical equipment - ; - - = - _ _ - .
shall not be located between the main structure on the site
and any street adjacent to a front or side yard, and every attempt shall be made
to place such equipment so that it is not visible from adjacent public streets.
Mechanical equipment and associated enclosures, no taller than allowed
fence heights, may be located within required side or rear yards,
provided such installation and operation is consistent with other
provisions of this Title or the Ashland Municipal Code, including but not
limited to noise attenuation. Any installation of mechanical equipment shall
require a building permit.
D. Regardless of the side and rear yard requirements of the district, in a residential
district, a side or rear yard may be reduced to three (3) feet for an accessory
structure erected more than fifty (50) feet from any street, other than alleys,
provided the structure is detached and separated from other buildings and
structures by ten (10) feet or more, and is no more than fifteen (15) feet in
height. Any conversion of such accessory structure to an accessory,
residential unit shall conform to other requirements of this Title for
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 39 -
accessory residential units, including any required planning action
and/or site review.
SECTION 76, 18.68.160, General Regulations, Driveway Grades, of the Ashland
Municipal Code, is amended to read as follows:
18.68.160 Driveway Grades.
Grades for new driveways in all zones shall not exceed a grade of 20% for any
portion of the driveway. All driveways shall be designed in accord with th_ _rite.:_
of-the City of Ashland standard and approved
installed prior to issuance of a certificate of occupancy for new construction. If
required by the City, the developer or owner shall provide certification of driveway
grade by a licensed land surveyor. All vision clearance standards associated with
driveway entrances onto public streets shall not be subject to the Variance section of
this title.
SECTION 77, 18.72, Site Design and Use Standards, of the Ashland Municipal Code,
is amended to read as follows:
Chapter 18.72 SITE DESIGNREVIEW
SECTION 78, 18.72.030, Site Design and Use Standards, Application, of the
Ashland Municipal Code, is amended to read as follows:
18.72.030 Applicabilitvtien
Site design armml-use 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.a. public
buildings, schools, churches, etc.).
c. Expansion of impervious surface area in excess of 10% of the area
of the site or 1,000 sauare 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 by the zoning regulations of this Code.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 40 -
g. 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 an Historic District on the
National Register of Historic Places.
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 sinale-family housing (e.a. town homes,
condominiums. row houses, etc.) in all zoning districts.
c. Residential development when off-street parkins 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 parkina).
d Any exterior change to a structure which reauires a building
permit and is individually listed on the National Register of
Historic Places.
e. Mechanical eauipment not otherwise exempt from site design
review per Section 18.72.030(B).
B. Exemptions. The following development is exempt from Site Design
Review application and procedure requirements provided that the
development complies with applicable standards as set forth by this
Chapter.
1. Detached sinale family dwellings and associated accessory structures
and uses.
2. Land divisions regulated by the following chapters: Partitioning
(18.76). Subdivisions (18.80), Manufactured Housing (18.84) and
Performance Standards (18.88).
3. The following mechanical eauipment:
a. Private, non-commercial radio and television antennas not
exceeding a height of seventy (70) feet above grade or thirty (30)
feet above an existing structure, whichever height is greater and
provided no part of such antenna shall be within the yards
required by this Title. A building permit shall be reauired for any
antenna mast, or tower over fifty (50) feet above grade or thirty
(30) feet above an existing structure when the same is
constructed on the roof of the structure.
b. Not more than three (3) parabolic disc antennas, each under one
(1) meter in diameter. on any one lot or dwelling unit.
c. Roof-mounted solar collection devices in all zoning districts, with
the exception of Employment and Commercial zoned properties
located within designated historic districts. The devices shall
comply with solar setback standards described in 18.70 and height
requirements of the respective zoning district.
d. Installation of mechanical equipment not exempted by (a. b. c)
above or (e) below, and which is not visible from a public right-of-
way or adjacent residentially zoned property and consistent with
other provisions of this Title. including solar access, noise, and
setback requirements of Section 18.68.140(c).
e. Routine maintenance and replacement of existing mechanical
eauipment in all zones.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 41 -
SECTION 79, 18.72.040, Approval Process, of the Ashland Municipal Code, is
amended to read as follows:
18.72.040, Approval Process.
Development subiect to site design review shall be reviewed in accordance
with the procedures set forth in Chapter 18.108.
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Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 42 -
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SECTION 80, 18.72.050, Site Design and Use Standards, Detail Site Review Zone,
of the Ashland Municipal Code, is amended to read as follows:
18.72.050 Detail Site Review Zone.
A. The Detail Site Review Zone is that area defined in the Site Design Standards
adopted pursuant to Section 18.72.080.
B. Any development in the Detail Site Review Zone as defined in the Site
Review Standards adopted pursuant to this chapter, which exceeds
10,000 square feet or is longer than 100 feet in length or width, shall be
reviewed according to the Type 2 procedure.
C. Outside the Downtown Design Standards Zone, new buildings or expansions of
existing buildings in the Detail Site Review Zone shall conform with to the following
standards:
1. e. Buildings sharing a common wall or having walls touching at or above grade
shall be considered as one building.
b2.Buildings shall not exceed a building footprint area of 45,000 square feet as
measured outside the exterior walls and including all interior courtyards. For the
purpose of this section an interior courtyard means a space bounded on three or
more sides by walls but not a roof.
3e. Buildings shall not exceed a gross floor area of 45,000 square feet, including all
interior floor space, roof top parking, and outdoor retail and storage areas, with
the following exception:
Automobile parking areas located within the building footprint and in the
basement shall not count toward the total gross floor area.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 43 -
44.Buildings shall not exceed a combined contiguous building length of 300 feet.
Z. Inside the Downtown Design Standards Zone, new buildings or expansions of
existing buildings shall not exceed a building footprint area of 45,000 sq. ft. or a gross
floor area of 45,000 sq. ft., including roof top parking, with the following exception:
Automobile parking areas located within the building footprint and in the basement shall
not count toward the total gross floor area. ,
SECTION 81, 18.72.060, Site Design and Use Standards, Plans Required, of the
Ashland Municipal Code, is amended to read as follows:
18.72.060, Plans Required
The following submittals shall be required in order to determine the project's
compliance with this Chapter:
A site plan containing the following:
A. Project name.
B. Vicinity map.
C. Scale (the scale shall be at least one (1) inch equals fifty (50) feet or larger.)
The Staff Advisor may authorize different scales and plan sheet sizes for
Projects. provided the plans provide sufficient information to clearly
identify and evaluate the application reauest.
D. North arrow.
E. Date.
F. Street names and locations of all existing and proposed streets within or on the
boundary of the proposed development.
G. Lot layout with dimensions for all lot lines.
H. Zoning designations of the proposed development.
I. Zoning designations adjacent to the proposed development.
J. Location and use of all proposed and existing buildings, fences and structures
within the proposed development. Indicate which buildings are to remain and
which are to be removed.
K. Location and size of all public utilities in and adjacent to the proposed
development with the locations shown of:
1. Water lines and meter sizes.
2. Sewers, manholes and cleanouts.
3. Storm drainage and catch basins.
4. Opportunity-to-recycle site and solid waste receptacle, including proposed
screening.
L. The proposed location of:
1. Connection to the City water system.
2. Connection to the City sewer system.
3. Connection to the City electric utility system.
4. The proposed method of drainage of the site.
M. Location of drainage ways or public utility easements in and adjacent to the
proposed development.
N. Location, size and use of all contemplated and existing public areas within the
proposed development.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 44 -
O. All fire hydrants proposed to be located near the site and all fire hydrants
proposed to be located within the site.
P. A topographic map of the site at a contour interval of at least five (5) feet.
Q. Location of all parking areas and all parking spaces, ingress and egress on the
site, and on-site circulation.
R. Use designations for all areas not covered by building.
S. Locations of all existing natural features including, but not limited to, any existing
trees of a caliber greater than six inches diameter at breast height, except in
forested areas, and any natural drainage ways or creeks existing on the site, and
any outcroppings of rocks, boulders, etc. Indicate any contemplated
modifications to a natural feature.
T. A landscape plan showing the location, type and variety, size and any other
pertinent features of the proposed landscaping and plantings. At time of
installation, such plans shall include a layout of irrigation facilities and ensure the
plantings will continue to grow.
U. The elevations and locations of all proposed signs for the development.
V. For non-residential developments proposed on properties located in a Historic
District, an exterior wall section, window section and drawings of architectural
details (e.g. column width, cornice and base detail, relief and projection, etc.)
drawn to a scale of three-fourths (3/4) of an inch equals one (1) foot or larger.
VW. Exterior elevations of all buildings to be proposed on the site. Such plans
shall indicate the material, color, texture, shape and other design features of the
building, including all mechanical devices. Elevations shall be submitted drawn to
scale of one inch equals ten feet or greater.
3ALX A written summary showing the following:
1. For commercial and industrial developments:
a. The square footage contained in the area proposed to be developed.
b. The percentage of the lot covered by structures.
c. The percentage of the lot covered by other impervious surfaces.
d. The total number of parking spaces.
e. The total square footage of all landscaped areas.
2. For residential developments:
a. The total square footage in the development.
b. The number of dwelling units in the development (include the units by the
number of bedrooms in each unit, e.g., ten one-bedroom, 25 two-
bedroom, etc).
c. Percentage of lot coverage by:
i. Structures.
ii. Streets and roads.
iii. Recreation areas.
iv. Landscaping.
v. Parking areas.
3. For all developments, the following shall also be required: The method and
type of energy proposed to be used for heating, cooling and lighting of the
building, and the approximate annual amount of energy used per each source
and the methods used to make the approximation.
SECTION 82, 18.72.080, Site Design and Use Standards, Site Design Standards, of
the Ashland Municipal Code, is amended to read as follows:
18.72.080 Site Design Standards.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 45 -
A. The Council may adopt standards by ordinance for site design and use. These
standards may contain:
1. Additional approval criteria for developments affected by this Chapter.
2. Information and recommendations regarding project and unit design and layout,
landscaping, energy use and conservation, and other considerations regarding
the site design.
3. Interpretations of the intent and purpose of this Chapter applied to specific
examples.
4. Other information or educational materials the Council deems advisable.
B. Before the Council may adopt or amend the guidelines, a public hearing must be held
by the Planning Commission and a recommendation and summary of the hearing
forwarded to the Council for its consideration.
C. The Site Design and Use Standards adopted by Ordinance No's. 2690, 2800,
2825 and 2900, shall be applied as follows:
1. The Multi-family Residential Development Standards in Section II.B. shall
be applied to the construction of attached single-family housing (e.g.
town homes, condominiums, row houses. etc.).
2. The Commercial, Employment. and Industrial Development standards in
Section II.C. shall be applied to non-residential development (e.a. public
buildings, schools, etc.).
SECTION 83, 18.72.105, Site Design and Use Standards, Expiration of Site Design
Review Approval, of the Ashland Municipal Code, is added and reads as follows:
18.72.105 Expiration of Site Design Review Approval_
Site design review approval granted under this Chapter shall expire if no
building permit or public improvement plan for the project has been
approved by the City within twelve (12) months of site design review
approval.
SECTION 84, 18.72.120, Site Design and Use Standards, Controlled Access, of the
Ashland Municipal Code, is amended to read as follows:
18.72.120 Controlled access.
A. Prier-to aAny partitioning or subdivision of property located in an R-2, R-3, C-1,
E-1 or M-1 zone shall meet the controlled access standards set forth in section
(B) below. , , If applicable, cross access
easements shall be required so that access to all properties created by the
partitioning land division can be made from one or more points.
B. Street and driveway Aaccess 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.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 46 -
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DC. 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 85, 18.72.170. Site Design and Use Standards, Development Standards
for Disc Antennas, of the Ashland Municipal Code, is amended to read as follows:
18.72.170 Development Standards for Disc Antennas
A. Building Permit Required. All disc antennas shall be subject to review and approval
of the building official where required by the Building Code.
B. Development Standards. All disc antennas shall be located, designed, constructed,
treated and maintained in accordance with the following standards:
1. Antennas shall be installed and maintained in compliance with the requirements of
the Building Code.
2. Disc antennas exceeding one (1) meter 36 in diameter shall not be
permitted on the roof, except where there is no other location on the lot which
provides access to receiving or transmitting signals. In no case shall any part of
any antenna be located more than ten feet above the apex of the roof surface.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 47 -
Antennas mounted on the roof shall be located in the least visible location as
viewed from adjacent right-of-ways, and residential structures in residential zones.
3. No more than one disc antenna shall be permitted on each tract of land.
4. Ground mounted disc antennas shall be
erected or maintained to the rear of the
main building, except in those instances when the subject property is cul-de-sac or
corner lot where the side yard is larger than the rear yard, in which case the
antenna may be located in the side yard. Antennas shall not be located in any
required setback area. No portion of an antenna array shall extend beyond the
property lines or into any front yard area. Guy wires shall not be anchored within
any front yard area but may be attached to the building.
5. Antennas may be ground-mounted, free standing, or supported by guy wires,
buildings, or other structures in compliance with the manufacturer's structural
specifications. Ground-mounted antennas shall be any antenna with its base
mounted directly in the ground, even if such antenna is supported or attached to
the wall of a building.
6. The antenna, including guy wires, supporting structures and accessory equipment,
shall be located and designed so as to minimize the visual impact on surrounding
properties and from public streets. Antennas shall be screened through the
addition of architectural features and/or landscaping that harmonize with the
elements and characteristics of the property. The materials used in constructing
the antenna shall not be unnecessarily bright, shiny, garish, or reflective.
Whenever possible, disc antennas shall be constructed out of mesh material and
painted a color that will blend with the background.
7. Antennas shall meet all manufacturer's specifications. The mast or tower shall be
non-combustible. Corrosive hardware, such as brackets, turnbuckles, clips and
similar type equipment if used, shall be protected by plating or otherwise to guard
against corrosion.
8. Every antenna must be adequately grounded, for protection against a direct strike
of lightning, with an adequate ground wire. Ground wires shall be of the type
approved by the latest edition of the Electrical Code for grounding masts and
lightning arrestors and shall be installed in a mechanical manner, with as few
bends as possible, maintaining a clearance of at least two inches from combustible
materials. Lightning arrestors shall be used that are approved as safe by the
Underwriters' Laboratories, Inc., and both sides of the line must be adequately
protected with proper arrestors to remove static charges accumulated on the line.
When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors
must be installed in each conductor. When coaxial cable or shielded twin lead is
used for lead-in, suitable protection may be provided without lightning arrestors by
grounding the exterior metal sheath.
9. Antennas may contain no sign or graphic design as defined in the Ashland Sign
Code, even if the sign is permitted on the property.
SECTION 86, 18.72.180, Site Design and Use Standards, Development Standards
for Wireless Communication Facilities, of the Ashland Municipal Code, is amended
to read as follows:
18.72.180 Development Standards for Wireless Communication Facilities.
A. Purpose and Intent - The purpose of this section is to establish standards that
regulate the placement, appearance and impact of wireless communication facilities,
while providing residents with the ability to access and adequately utilize the services
that these facilities support.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 48 -
Because of the physical characteristics of wireless communication facilities, the
impact imposed by these facilities affect not only the neighboring residents, but the
community as a whole.
The standards are intended to ensure that the visual and aesthetic impacts of
wireless communication facilities are mitigated to the greatest extent possible,
especially in or near residential areas.
B. Submittals - In addition to the submittals required in section 18.72.060, the
following items shall be provided as part of the application for a wireless
communication facility.
1. A photo of each of the major components of a similar installation, including a
photo montage of the overall facility as proposed.
2. Exterior elevations of the proposed wireless communication facility (min 1"=10').
3. A set of manufacturers specifications of the support structure, antennas, and
accessory buildings with a listing of materials being proposed including colors of
the exterior materials.
4. A site plan indicating all structures, land uses and zoning designation within 150
feet of the site boundaries, or 300 feet if the height of the structure is greater
than 80 feet.
5. A map showing existing wireless communication facility sites operated by the
applicant within a 5 mile radius of the proposed site.
6. A collocation feasibility study that adequately indicates collocation efforts were
made and states the reasons collocation can or cannot occur.
7. A copy of the lease agreement for the proposed site showing that the agreement
does not preclude collocation.
8. Documentation detailing the general capacity of the tower in terms of the number
and type of antennas it is designed to accommodate.
9. Any other documentation the applicant feels is relevant to comply with the
applicable design standards.
10. Documentation that the applicant has held a local community meeting to inform
members of the surrounding area of the proposed wireless communication
facility. Documentation to include:
a. a copy of the mailing list to properties within 300' of the proposed facility.
b. a copy of the notice of community meeting, mailed one week prior to the
meeting.
c. a copy of the newspaper ad placed in a local paper one week prior to the
meeting.
d. a summary of issues raised during the meeting.
C. Design Standards - All wireless communication facilities shall be located, designed,
constructed, treated and maintained in accordance with the following standards:
1. General Provisions
a. All facilities shall be installed and maintained in compliance with the
requirements of the Building Code. At the time of building permit application,
written statements from the Federal Aviation Administration (FAA), the
Aeronautics Section of the Oregon Department of Transportation, and the
Federal Communication Commission that the proposed wireless
communication facility complies with regulations administered by that agency,
or that the facility is exempt from regulation.
b. All associated transmittal equipment must be housed in a building, above or
below ground level, which must be designed and landscaped to achieve
minimal visual impact with the surrounding environment.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 49 -
c. Wireless communication facilities shall be exempted from height limitations
imposed in each zoning district.
d. WCF shall be installed at the minimum height and mass necessary for its
intended use. A submittal verifying the proposed height and mass shall be
prepared by a licensed engineer.
e. Signage for wireless communication facilities shall consist of a maximum of
two non-illuminated signs, with a maximum of two square feet each stating
the name of the facility operator and a contact phone number.
f. Applicant is required to remove all equipment and structures from the site
and return the site to its original condition, or condition as approved by the
Staff Advisor, if the facility is abandoned for a period greater than six
months. Removal and restoration must occur within 90 days of the end of the
six month period.
2. Preferred Designs
a. Where possible, the use of existing WCF sites for new installations shall be
encouraged. Collocation of new facilities on existing facilities shall be the
preferred option.
b. If (a) above is not feasible, WCF shall be attached to pre-existing structures,
when feasible.
c. If (a) or (b) above are not feasible, alternative structures shall be used with
design features that conceal, camouflage or mitigate the visual impacts
created by the proposed WCF.
d. If (a), (b), or (c) listed above are not feasible, a monopole design shall be
used with the attached antennas positioned in a vertical manner to lessens
the visual impact compared to the antennas in a platform design. Platform
designs shall be used only if it is shown that the use of an alternate attached
antenna design is not feasible.
e. Lattice towers are prohibited as freestanding wireless communication support
structures.
3. Landscaping. The following standards apply to all WCF with any primary or
accessory equipment located on the ground and visible from a residential use or
the public right-of-way
a. Vegetation and materials shall be selected and sited to produce a drought
resistant landscaped area.
b. The perimeter of the WCF shall be enclosed with a security fence or wall.
Such barriers shall be landscaped in a manner that provides a natural sight
obscuring screen around the barrier to a minimum height of six feet.
c. The outer perimeter of the WCF shall have a 10 foot landscaped buffer zone.
d. The landscaped area shall be irrigated and maintained to provide for proper
growth and health of the vegetation.
e. One tree shall be required per 20 feet of the landscape buffer zone to provide
a continuous canopy around the perimeter of the WCF. Each tree shall have a
caliper of 2 inches, measured at breast height, at the time of planting.
4. Visual Impacts
a. Antennas, if attached to a pre-existing or alternative structure shall be
integrated into the existing building architecturally and, to the greatest extent
possible, shall not exceed the height of the pre-existing or alternative
structure.
b. Wireless communication facilities shall be located in the area of minimal visual
impact within the site which will allow the facility to function consistent with
its purpose.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-D. 50 -
c. Antennas, if attached to a pre-existing or alternative structure shall have a
non-reflective finish and color that blends with the color and design of the
structure to which it is attached.
d. WCF, in any zone, must be set back from any residential zone a distance
equal to twice its overall height. The setback requirement may be reduced if,
as determined by the Hearing Authority, it can be demonstrated through
findings of fact that increased mitigation of visual impact can be achieved
within of the setback area. Underground accessory equipment is not subject
to the setback requirement.
e. Exterior lighting for a WCF is permitted only when required by a federal or
state authority.
f. All wireless communication support structures must have a non-reflective
finish and color that will mitigate visual impact, unless otherwise required by
other government agencies.
g. Should it be deemed necessary by the Hearing Authority for the mitigation of
visual impact of the WCF, additional design measures may be required.
These may include, but are not limited to: additional camouflage materials
and designs, facades, specific colors and materials, masking, shielding
techniques.
5. Collocation standards
a. Each addition of an antenna to an existing WCF requires a building permit,
unless the additional antenna increases the height of the facility more than
ten feet.
b. Addition of antennas to an existing WCF that increases the overall height of
the facility more than ten feet is subject to a site review."(ORD 2802, S3
1997)
D. All installation of wireless communication systems shall be subiect to the
reauirements 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
Existin •
Structures
Alternative
Structures
Freestanding
Support
Structures
Residential Zones")
CUP
Prohibited
Prohibited
C-1
CUP
CUP
Prohibited
C-1-D (Downtown)(2)
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(2)
CUP
Prohibited
Prohibited
A-1 (Airport Overlay)
CUP
CUP
CUP
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 51 -
HC (Health Care) CUP Prohibited Prohibited
SECTION 87, 18.76.040, Partitions, Administrative Preliminary Approval, of the
Ashland Municipal Code is deleted as follows:
SECTION 88, 18.76.050, Partitions, Preliminary Approval by the Planning
Commission, of the Ashland Municipal Code, is amended to read as follows:
18.76.050, Preliminary Approval
An application for a preliminary partition shall be
approved when the following conditions exist:
A. The future use for urban purposes of the remainder of the tract will not be
impeded.
B. The development of the remainder of any adjoining land or access thereto will
not be impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution applicable
to the land.
E. The partitioning is in accordance with the design and street standards contained
in the Chapter 18.88, Performance Standards Options. (Ord 2836 S8, 1999)
F. When there exists adequate public facilities, or proof that such facilities can be
provided, as determined by the Public Works Director and specified by City
documents, for water, sanitary sewers, storm sewer, and electricity.
G. When there exists a 20-foot wide access along the entire street frontage of the
parcel to the nearest fully improved collector or arterial street, as designated in
the Comprehensive Plan. Such access shall be improved with an asphaltic
concrete pavement designed for the use of the proposed street. The minimum
width of the street shall be 20-feet with all work done under permit of the Public
Works Department.
1. The Public Works Director may allow an unpaved street for access for a minor
land partition when all of the following conditions exist:
a. The unpaved street is at least 20-feet wide to the nearest fully improved
collector or arterial street.
b. The centerline grade on any portion of the unpaved street does not
exceed ten percent.
2. Should the partition be on an unpaved street and paving is not required, the
applicant shall agree to participate in the costs and to waive the rights of the
owner of the subject property to remonstrate both with respect to the owners
agreeing to participate in the cost of full street improvements and to not
remonstrate to the formation of a local improvement district to cover such
improvements and costs thereof. Full street improvements shall include
paving, curb, gutter, sidewalks and the undergrounding of utilities. This
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 52 -
requirement shall be precedent to the signing of the final survey plat, and if
the owner declines to so agree, then the application shall be denied.
H. Where an alley exists adjacent to the partition, access may be required to be
provided from the alley and prohibited from the street.
SECTION 89, 18.76.060, Partitions, Preliminary Approval of Flag Partitions, of the
Ashland Municipal Code, is amended to read as follows:
18.76.060, Preliminary Approval of Flag Partitions, Partitions involving the creation of
flag lots shall be approved by the Planning Commission if the following conditions are
satisfied:
A. Conditions of the previous section have been met.
B. Except as provided in subsection 18.76.060.K, the flag drive for one flag lot
shall have a minimum width of 15 feet, and a 12 foot paved driving surface.
For drives serving two lots, the flag drive shall be 20 feet wide, with 15 feet of
driving surface to the back of the first lot, and 12 feet, respectively, for the
rear lot. Drives shared by adjacent properties shall have a width of 20 feet,
with a 15 foot paved driving surface.
Flag drives shall be constructed so as to prevent surface drainage from
flowing over sidewalks or other public ways. Flag drives shall be in the same
ownership as the flag lots served. Where two or more lots are served by the
same flag drive, the flag drive shall be owned by one of the lots and an
easement for access shall be granted to the other lot or lots. There shall be
no parking 10 feet on either side of the flag drive entrance.
Flag drive grades shall not exceed a maximum grade of 15%. Variances may
be granted for flag drives for grades in excess of 15% but no greater than
18% for no more than 200'. Such variances shall be required to meet all of
the criteria for approval as found in 18.100.
Flag drives serving structures greater than 24 feet in height, as defined in
18.08.290, shall provide a Fire Work Area of 20 feet by 40 feet within 50 feet
of the structure. The Fire Work Area requirement shall be waived if the
structure served by the drive has an approved automatic sprinkler system
installed.
Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads
under the Oregon Uniform Fire Code and subject to all requirements
thereof.
When required by the Oregon Fire Code, (flag drives greater than 150
256 feet in length shall provide a turnaround as defined in the Performance
Standards Guidelines in 18.88.090. The Staff Advisor, in coordination
with the Fire Code Official, may extend the distance of the turnaround
reauirement up to a maximum of 250 feet in length as allowed by
Oregon Fire Code access exemptions.
C. Each flag lot has at least three parking spaces situated in such a manner as to
eliminate the necessity for backing out.
D. Curb cuts have been minimized, where possible, through the use of common
driveways.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 53 -
E. Both sides of the flag drive have been screened with a site-obscuring fence,
wall or evergreen hedge to a height of from four to six feet, except in the
front yard setback area where, starting five feet from the property line, the
height shall be from 30 to 42 inches in the remaining setback area. Such
fence or landscaping shall be placed at the extreme outside of the flag drive
in order to ensure adequate fire access.
F. The applicant has executed and filed with the Planning Departmentircctor an
agreement between applicant and the city for paving and screening of the flag
drive. Such an agreement shall specify the period within which the applicant,
or agent for applicant, or contractor shall complete the paving to standards as
specified by the Director of Public Works and screening as required by this
section, and providing that if applicant should fail to complete such work
within such period, the City may complete the same and recover the full cost
and expense thereof from the applicant. An agreement shall also provide for
the maintenance of the paving and screening to standards as indicated in this
section and the assurance that such maintenance shall be continued.
G. A site plan has been approved by the Planning Commission. The site plan
shall be approved provided the regulations of the zoning and subdivision titles
are satisfied. Such a site plan shall contain the map requirements listed in
Section 18.76.050 and the following information:
1. The location of driveways, turnarounds parking spaces and useable yard
areas.
2. The location and type of screening.
3. For site plans of a flag lot, the building envelope shall be identified.
H. No more than two lots are served by the flag drive.
I. For the purpose of meeting the minimum lot area requirement, the lot area,
exclusive of the flag drive area, must meet the minimum square footage
requirements of the zoning district.
J. Flag lots shall be required to provide a useable yard area that has a minimal
dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term
"useable yard area" means a private yard area which is unobstructed by a
structure or automobile from the ground upward.
K. Flag lots adjacent to an alley shall meet all of the requirements of this
section, except that:
1. Vehicle access shall be from the alley only where required as a condition
of approval;
2. No screening and paving requirements shall be required for the flagpole;
3. A four foot pedestrian path shall be installed within the flag pole,
improved and maintained with either a concrete, asphalt, brick, or paver
block surface from the street to the buildable area of the flag lot;
4. The flag pole width shall be no less than eight feet wide and the entrance
of the pole at the street shall be identified by the address of the flaglot
clearly visible from the street on a 4" X 4" post 31/z feet high. The post
shall be painted white with black numbers 3 inches high running vertically
down the front of the post. For flagpoles serving two or more dwellings,
the addresses of such dwellings shall be on a two feet by three feet white
sign clearly visible from the street with three inch black numbers.
SECTION 90, 18.76.075, Partitions, Expiration of Preliminary Partition Plan, of the
Ashland Municipal Code, is added and reads as follows:
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 54 -
18.76.075, Expiration.of Preliminary Partition Plan.
Preliminary partition plans approved under this Chapter shall expire if a
final partition plat has not been approved by the City within eighteen (18)
months of preliminary elan approval.
SECTION 91, 18.88.050.E., Performance Standards Options, Street Standards,
Street Grade, of the Ashland Municipal Code, is amended to read as follows:
18.88.050 Street Standards.
E. Street Grade. Street grades measured at the street centerline for dedicated streets
and flag drives shall be as follows: ,
1. Street and private drive grades in Performance Standards Developments shall not
exceed a maximum grade of 15%. No variance may be granted to this section
for public streets. Variances may be granted for private drives for grades in
excess of 15% but not greater than 18% for no more than 200'. Such variances
shall be required to meet all of the criteria for approval as found in 18.100.
Private drives serving structures greater than 24' in height, as defined in 18.08.290,
shall provide a Fire Work Area of 20' by 40' within 50' of the structure. The Fire
Work Area requirement shall be waived if the structure served by the drive has an
approved automatic sprinkler system installed.
Private drives and work areas shall be deemed Fire Lanes and subject to all
requirements thereof.
When required by the Oregon Fire Code, pPrivate drives greater than
250= 150 feet in length shall provide a turnaround as defined in the
Performance Standards Guidelines as provided in 18.88.090. The Staff
Advisor, in coordination with the Fire Code Official, may extend the
distance of the turnaround reauirement up to a maximum of 250 feet
in length as allowed bvOregon Fire Code access exemptions.
SECTION 92, 18.92.070, Off-Street Parking, Automobile Parking Design
Requirements, of the Ashland Municipal Code, is amended to read as follows:
18.92.070 Automobile Parking Design Requirements
A. Size and Access. All required parking areas shall be designed in accordance with the
parking layout chart at the end of this Chapter. Parking spaces shall be a minimum
of 9 x 18 feet, except that 50% of the spaces may be compact spaces in accord with
18.92.050. Parking spaces end shall have a 22-feet back-up maneuvering
space no less than twenty-two (22) feet, except where parking is angled, and
which does not necessitate movina of other vehicles.
B. Driveways and Turn-Arounds. Driveways and turn-arounds providing access to
parking areas shall conform to the following provisions:
1. A driveway for a single dwelling shall have a minimum width of nine feet, and a
shared driveway serving two units shall have a width of 12 feet.
2. Parking areas of more than seven parking spaces per lot shall be provided with
adequate aisles or turn-around areas so that all vehicles may enter the street in a
forward manner.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-o. 55 -
3. Parking areas of more than seven parking spaces shall be served by a driveway
20 feet in width and constructed to facilitate the flow of traffic on or off the site,
with due regard to pedestrian and vehicle safety, and shall be clearly and
permanently marked and defined. Parking areas of
seven spaces or less shall be
served by a driveway 12 feet in width.
4. Shared Use of Driveways and Curb Cuts.
a. Developments subject to a planning action or divisions of property, either by
minor land partition or subdivision, shall minimize the number of driveway
intersections with streets by the use of shared driveways with adjoining lots
where feasible. In no case shall driveways be closer than 24 feet as measured
from the bottom of the existing or proposed apron wings of the driveway
approach.
b. Plans for property being partitioned or subdivided or for multi-family
developments shall indicate how driveway intersections with streets have
been minimized through the use of shared driveways and shall indicate all
necessary access easements.
c. Developments subject to a planning action shall remove all curb cuts and
driveway approaches not shown to be necessary for existing improvements or
the proposed development. Cuts and approaches shall be replaced with
standard curb, gutter or sidewalk as appropriate. All replacement shall be
done under permit of the Engineering Division.
C. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a
minimum vertical clearance of 13'6" for their entire length and width.
D. Vision Clearance. No obstructions may be placed in the vision clearance area
except as set forth in Section 18.68.020. ,
- - -
•
E. Development and Maintenance. The development and maintenance as provided
below, shall apply in all cases, except single-family dwellings.
1. Paving. All required parking areas, aisles, turn-arounds and driveways shall be
paved with concrete, asphaltic or comparable surfacing, constructed to standards
on file in the office of the City Engineer.
2. Drainage. All required parking areas, aisles and turn-arounds shall have
provisions made for the on-site collection of drainage waters to eliminate sheet
flow of such waters onto sidewalks, public rights-of-way, and abutting private
property.
3. Driveway approaches. Approaches shall be paved with concrete surfacing
constructed to standards on file in the office of the City Engineer.
4. Marking. Parking lots of more than seven spaces shall have all spaces
permanently and clearly marked.
5. Wheel stops. Wheel stops shall be a minimum of four inches in height and
width and six feet in length. They shall be firmly attached to the ground and so
constructed as to withstand normal wear. Wheel stops shall be provided where
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 56 -
appropriate for all spaces abutting property lines, buildings, landscaping, and no
vehicle shall overhang a public right-of-way.
6. Walls and Hedges.
a. Where parking abuts upon a street, a decorative masonry wall or evergreen
hedge screen of 30-42 inches in height and a minimum of 12" in width shall
be established parallel to and not nearer than two feet from the right-of-way
line. Screen planting shall be of such size and number to provide the required
screening within 12 months after installation. The area between the wall or
hedge and street line shall be landscaped. All vegetation shall be adequately
maintained by a permanent irrigation system, and said wall or hedge shall be
maintained in good condition. The required wall or screening shall be
designed to allow for free access to the site and sidewalk by pedestrians.
b. In all zones, except single-family zones, where parking facilities or driveways
are located adjacent to residential or agricultural zones, school yards, or like
institutions, a sight-obscuring fence, wall, or evergreen hedge not less than
five feet, nor more than six feet high shall be provided on the property line as
measured from the high grade side. Said wall, fence or hedge shall be
reduced to 30 inches within required setback area, or within 10 feet of street
property lines, and shall be maintained in good condition. Screen plantings
shall be of such size and number to provide the required screening within 12
months after installation. Adequate provisions shall be made to protect walls,
fences or plant materials from being damaged by vehicles using said parking
areas.
7. Landscaping. In all zones, all parking facilities shall include landscaping to
cover not less than 7% of the area devoted to outdoor parking facilities, including
the landscaping required in subdivision 6(a) above. Said landscaping shall be
uniformly distributed throughout the parking area, be provided with irrigation
facilities and protective curbs or raised wood headers. It may consist of trees,
plus shrubs, ground cover or related material. A minimum of one tree per seven
parking spaces is required.
8. Lighting of parking areas within 100 feet of property in residential zones shall be
directed into or on the site and away from property lines such that the light
element shall not be directly visible from abutting residential property.
SECTION 93, 18.96.070, Sign Regulations, Residential sign Regulations, of the
Ashland Municipal Code, is amended to read as follows:
18.96.070 Residential_and North Mountain Sign Regulations.
Signs in the residential (R) and North Mountain (NM) districts {R3 shall conform
to the following regulations:
A. Special Provisions:
1. No sign or portion thereof shall extend beyond any property line of the
premises on which such sign is located.
2. Internally illuminated signs shall not be permitted.
3. Nothing contained herein shall be construed as permitting any type of sign in
conjunction with a commercial use allowed as a home occupation, as no signs are
allowed in conjunction with a home occupation. Signs in residential areas are
only permitted in conjunction with a Conditional Use.
B. Type of Signs Permitted.
1. Neighborhood identification signs. One sign shall be permitted at each
entry point to residential developments not exceeding an area of six square
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 57 -
feet per sign with lettering not over nine inches in height, located not over
three feet above grade.
2. Conditional Uses. Uses authorized in accordance with the Chapter on
Conditional Use Permits may be permitted one ground sign not exceeding an
overall height of five feet and an area of fifteen square feet, set back at least
ten feet from property lines; or one wall sign in lieu of a ground sign. Such
signs shall be approved in conjunction with the issuance of such conditional
use permit. Said signs shall not use plastic as part of the exterior visual
effect and shall not be internally illuminated.
3. Retail commercial uses allowed as a conditional use in the Railroad District
and traveler's accommodations in residential zones shall be allowed one wall
sign or one ground sign which meets the following criteria:
a. The total size of the sign is limited to six square feet.
b. The maximum height of any ground sign is to be three feet above grade.
c. The sign must be constructed of wood and cannot be internally
illuminated.
4. North Mountain Signs. Signs for approved non-residential uses within
the NM-R15, NM-C and NM Civic zones shall be permitted one around
sign not exceeding an overall height of five feet and an area of fifteen
square feet, set back at least ten feet from property lines; or one wall
or awning sign in lieu of a ground sign. Said signs shall not use
plastic as Dart of the exterior visual effect and shall not be internally
illuminated.
SECTION 94, 18.96.150, Sign Regulations, Governmental Signs, of the Ashland
Municipal Code, is amended to read as follows:
18.96.150 Governmental Signs.
Governmental agencies may apply for a Conditional Use to place a sign that does not
conform to this Code when it is determineds that, in addition to
the criteria for a conditional use, the sign is necessary to further that agency's public
purpose.
SECTION 95, 18.108.015, Procedures, Pre-Application Conference, of the Ashland
Municipal Code, is amended to read as follows:
18.108.015, Pre-Application Conference, An applicant shall request a pre-application
conference prior to submitting an application for a Type I, II or III planning action or
an Expedited Land Division. The purpose of the conference shall be to acquaint
the applicant with the substantive and procedural requirements of the Land Use
Ordinance, provide for an exchange of information regarding applicable elements of
the comprehensive plan and development requirements and to identify policies and
regulations that create opportunities or pose significant constraints for the proposed
development. The Staff advisor is authorized to waive pre-application
conference reauirements and to create procedures which allow for
electronic or other alternative forms of conferences.
SECTION 96, 18.108.017, Procedures, Applications, of the Ashland Municipal Code,
is amended to read as follows:
18.108.017 Applications.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 58 -
A. In order to initiate a planning action, a complete application shall be
submitted to the Planning Department as set forth below.
1. Complete applications shall include:
a. All of the required information for the specific action requested,
b. Written findings of fact,
c. Complete and signed application form. The application must be signed by one
or more property owners of the property for which the planning action is
requested, or their authorized agents. The application shall not be considered
complete unless it is accompanied by the appropriate application fee.
2. Incomplete applications are subject to delay in accordance with ORS 227.178.
The City will inform the applicant of deficiencies within 30 days of application.
The applicant then has 31 days in which to provide a complete application. The
City will begin the appropriate application procedure when the application is
deemed complete, or at the end of the 31 day period.
3. The Staff Advisor is authorized to set standards and procedures for
application submittal requirements, including the number and type of
applications required (e.g. hard and/or electronic copies), size and
format of applications (e.a. paper size and electronic format), and dates
when applications can be received. The Staff Advisor shall make the
requirements for application submittals readily available to the public to
review.
B. All applicants for Types I, II and III planning actions shall have completed a pre-
application conference for the project within a 6-month time period preceding the
filing of the application. This requirement may be waived by the Staff Advisor if in
the Staff Advisor's opinion the information to be gathered in a pre-application
conference already exists in the final application.
SECTION 97, 18.108.020, Procedures, Types of Procedures, of the Ashland
Municipal Code, is amended to read as follows:
18.108.020 Types of Procedures_
There are three general types of procedures: ministerial actions; 2
Planning actions. and 3) legislative amendments. When a project proposal
involves more than one application and more than one type of procedure.
the applications shall be reviewed together by the same decision body and
follow the highest level procedure applying to any one of the applications.
A. Ministerial Actions. The Staff Advisor shall have the authority to review and
approve or deny the following matters which shall be ministerial actions:
1. Final subdivision plat approval. (18.80.050)
2. Final partition map approval. (18.76.120)
4. Minor amendments to subdivisions and partitions.
5. Boundary line adjustments. (18.76.140)
6. Zoning permits. (18.112.010)
7. Sign permits. (18.96.050)
8. Home occupation permits. (18.94.130)
9. Extension of time limits for approved planning actions (18.112.030).
10.Mechanical equipment exempt from Site Review.
11.Conversion of existing multi-family dwelling units into for-purchase
housing.
Ashland Land Use Ordinance Amendments Second Readina: April 1, 2008-o. 59 -
B. Planning Actions. All planning actions shall be subject to processing by one of the
four following procedures:
i 5ta f Pcrmit Pro_cdurc
1i. Type I Procedure
23.Type II Procedure
34.Type III Procedure
4. Expedited Land Divisions
C. Legislative Amendments. Legislative amendments shall be subject to the
procedures established in section 18.108.170.
SECTION 98, 18.108.025, Procedures, Consolidated Review Procedures, of the
Ashland Municipal Code, is added and reads as follows:
18.108.025 Consolidated Review Procedures.
An applicant may apply at one time for all permits or zone changes needed
for a development project. The consolidated procedure shall be subject to
the time limitations set out in ORS 227.178. The consolidated procedure
shall follow the most restrictive procedure in the development project.
SECTION 99, 18.108.030, Procedures, Expedited Land Divisions - Staff Permits, of
the Ashland Municipal Code, is amended to read as follows:
18.108.030, Expedited Land Divisions c`_fr .,__._:a .,..___d..__.
A. Applicability.
1. An expedited land division is an action that:
a. Includes land that is zoned for residential uses.
b. Is solely for the purposes of residential use, including recreational
or open space uses accessory to residential use.
c. Does not provide for dwellings or accessory buildings to be located
on land that is specifically mapped and designated for full or
partial protection of natural features that protect open spaces,
physical and environmental constraints per Chapter 18.62,
riparian corridors, wetlands, designated historic districts or
structures.
d. Meets minimum standards in the Street Standards Handbook and
Section 18.88.050.
e. Creates enough lots or parcels to allow building residential units
at 80 percent (80%) or more of the maximum net density
permitted by the zoning designation of the site.
2. A land division that creates three or fewer parcels under ORS 92.010
and ALUO 18.76.
3. An expedited land division as described in this section is not a land
use decision or a limited land use decision under ORS 197.015 or a
permit under ORS 227.160.
4. All requirements outlined in Chapter 18.76 apply to expedited land
divisions except for those provisions modified within this section.,
B. Procedure and Notice Requirements.
1. Application Completeness.
a. If the application for expedited land division is incomplete, the
Staff Advisor shall notify the applicant of exactly what information
is missing within 21 days of receipt of the application and allow
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 60 -
the applicant to submit the missing information. For purposes of
computation of time under this section, the application shall be
deemed complete on the date the applicant submits the requested
information or refuses in writing to submit it.
b. If the application was complete when first submitted or the
applicant submits the reauested additional information within 180
days of the date the application was first submitted, approval or
denial of the application shall be based upon the standards and
criteria that were applicable at the time the application was first
submitted.
2. The city shall provide written notice of the receipt of the completed
application for an expedited land division to any state agency, local
government or special district responsible for providing public
facilities or services to the development and to owners of property
within 100 feet of the entire contiguous site for which the application
is made. The notification list shall be compiled from the most recent
property tax assessment roll. For purposes of appeal to the referee
under ORS 197.375, this requirement shall be deemed met when the
local government can provide an affidavit or other certification that
such notice was given. Notice shall also be provided to any
neighborhood or community planning organization recognized by the
governing body and whose boundaries include the site.
3. The notice reauired under subsection (2) of this section shall:
a. State:
i. The deadline for submitting written comments;
ii. That issues that may provide the basis for an appeal to the
referee must be raised in writing prior to the expiration of the
comment period; and
iii. That issues must be raised with sufficient specificity to enable
the local government to respond to the issue.
b. Set forth, by commonly used citation, the applicable criteria for
the decision.
c. Set forth the street address or other easily understood
geographical reference to the subiect property.
d. State the place, date and time that comments are due.
e. State a time and place where copies of all evidence submitted by
the applicant will be available for review.
f. Include the name and telephone number of a local government
contact person.
g. Briefly summarize the local decision-making process for the
expedited land division decision being made.
4. After notice under subsections (2) and (3) of this section, the city
shall:
a. Provide a 14-day period for submission of written comments prior
to the decision.
b. Make a decision to approve or deny the application within 63 days
of receiving a completed application, based on whether it satisfies
the substantive requirements of the local government's land use
regulations. An approval may include conditions to ensure that the
application meets the applicable land use regulations. For
applications subiect to this section, the city:.
i. Shall not hold a hearing on the application; and
ii. Shall issue a written determination of compliance or
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 61 -
noncompliance with applicable land use regulations that
includes a summary statement explaining the determination.
The summary statement may be in any form reasonably
intended to communicate the local government's basis for the
determination.
c. Provide notice of the decision to the applicant and to those who
received notice under subsection (2) of this section within 63 days
of the date of a completed application. The notice of decision shall
include:
i. The summary statement described in paragraph (b)(ii) of this
subsection; and
ii. An explanation of appeal rights under ORS 197.375
C. Appeals
1. An appeal of a decision made under ORS 197.360 and 197.365 shall
be made as follows:
a. An appeal must be filed with the local government within 14 days
of mailing of the notice of the decision under ORS 197.365 (4),
and shall be accompanied by a $300 deposit for costs.
b. A decision may be appealed bv:
i. The applicant; or
ii. Any person or organization who files written comments in the
time period established under ORS 197.365.
c. An appeal shall be based solely on allegations:
i. Of violation of the substantive provisions of the applicable land
use regulations;
ii. Of unconstitutionality of the decision;
iii. That the application is not eligible for review under ORS
197.360 to 197.380 and should be reviewed as a land use
decision or limited land use decision; or
iv. That the parties' substantive rights have been substantially
prejudiced by an error in procedure by the local government.
2. The city shall appoint a referee to decide the appeal of a decision
made under ORS 197.360 and 197.365. The referee shall not be an
employee or official of the local government. The City Administrator is
authorized to hire, under contract on an as needed basis, a referee to
decide such appeals. If the city has designated a hearings officer
under ORS 227.165, the City Administrator may designate the
hearings officer as the referee for appeals of a decision made under
ORS 197.360 and 197.365.
3. Within seven days of being appointed to decide the appeal, the
referee shall notify the applicant, the local government, the appellant
if other than the applicant, any person or organization entitled to
notice under ORS 197.365 (2) that provided written comments to the
local government and all providers of public facilities and services
entitled to notice under ORS 197.365 (2) and advise them of the
manner in which they may participate in the appeal. A person or
organization that provided written comments to the local government
but did not file an appeal under subsection (1) of this section may
participate only with respect to the issues raised in the written
comments submitted by that person or organization. The referee may
use any procedure for decision-making consistent with the interests
of the parties to ensure a fair opportunity to present information and
argument. The referee shall provide the local government an
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 62 -
opportunity to explain its decision. but is not limited to reviewing the
local government decision and may consider information not
presented to the local government.
4. Referee Decision.
a. The referee shall apply the substantive reauirements of the local
government's land use regulations and ORS 197.360. If the
referee determines that the application does not qualify as an
expedited land division as described in ORS 197.360, the referee
shall remand the application for consideration as a land use
decision or limited land use decision. In all other cases. the
referee shall seek to identify means by which the application can
satisfy the applicable reauirements.
b. The referee may not reduce the density of the land division
application. The referee shall make a written decision approving or
denying the application or approving it with conditions designed to
ensure that the application satisfies the land use regulations,
within 42 days of the filing of an appeal. The referee may not
remand the application to the local government for any reason
other than as set forth in this subsection.
5 Unless the governing body of the local government finds exigent
circumstances, a referee who fails to issue a written decision within
42 days of the filing of an appeal shall receive no compensation for
service as referee in the appeal.
6. Notwithstanding any other provision of law, the referee shall order
the city to refund the deposit for costs to an appellant who materially
improves his or her position from the decision of the local
government. The referee shall assess the cost of the appeal in excess
of the deposit for costs, up to a maximum of $500, including the
deposit paid under subsection (1) of this section, against an appellant
who does not materially improve his or her position from the decision
of the local government. The local government shall pay the portion
of the costs of the appeal not assessed against the appellant. The
costs of the appeal include the compensation paid the referee and
costs incurred by the local government, but not the costs of other
parties.
D. Effective Date of Decision. Unless appealed within 14 days of mailing a
notice of decision. the Staff Advisor decision becomes final on the 15th
day. Appeals shall be considered as set forth in ALUO18.108.030M) and
ORS 197.375.
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Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 63 -
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Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 64 -
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SECTION 100, 18.108.040, Procedures, Type I Procedure, of the Ashland
Municipal Code, is amended 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 sauare feet or ten
percent of the building's sauare
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 sauare 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. Expansion of impervious surface area in excess of 10% of the area
of the site or 1,000 square feet. whichever is less
iii.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.
iv.Anv 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 reauires a greater number of parking spaces.
v. 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. Any exterior change to a structure which reauires a building permit
and 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.
d. Residential
i. Two or more residential units on a single lot.
ii. All new structures or additions less than 10,000 sauare feet of
gross floor area, other than single-family homes or accessory uses
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 65 -
on individual lots
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.
2. Miscellaneous Actions.
•
a4.Amendments or modification to conditions of approval for Type I
planning actions.
b. Amendment or modification to conditions of approval for Type II
actions where the modification involves only changes to tree
removal and/or building envelopes.planning actions.
c. Physical and Environmental Constraints Review permits as
allowed in Chapter 18.62.
d. Tree removal permits as required by Section 18.61.042(D).
36.Conditional Use Permits. The following conditional use permits are
subject to Type I review procedures:
a. Conditional use permits involving existing structures or additions to
existing structures, and not involving more than three (3). residential
dwelling units-er
b_-tTemporary uses.
c. Enlargement, expansion, etc. of nonconforming structures in
accordance with 18.68.090(2).
d. Government signs per Section 18.96.150.
e. The following uses in Residential zones:
i. Accessory residential units
ii. Daycare centers.
iii. Public and public utility buildings, structures and uses less than
2,500 sauare feet in building footprint and disturbs less than
7,500 sauare feet of land.
iv. Structures in excess of 35 feet in R-3 zone.
v. All new structures, additions or expansions that exceed MPFA in
historic district uo to 25%, but the addition is no larger than 300
s.f. or 10% of the existing floor area, whichever is less.
vi. Hostels.
vii. Public Parking Lots in the NM-C zone.
viii. Community Services in the NM-R15 zone.
f. The following uses in Commercial or Industrial zones:
i. Electrical substations
ii. Outdoor storage of commodities.
a. The following uses in the Health Care Services Zone:
i. Limited personal service providers in the home, such as
beauticians and masseurs.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 66 -
ii. Professional offices for an accountant, architect, attorney,
designer, engineer, insurance anent or adjuster, investment or
management counselor or surveyor.
iii. Any medically-related use, located on City-owned property that is
not specifically allowed by the Ashland Community Hospital Master
Facility Plan.
h. Conditional uses in the Southern Oregon University District.
47.Variances for:
a. Sign placement.
b. Non-conforming signs, when bringing them into conformance as described in
section 18.96.130.D.
c. Up to 50% reduction of standard yard requirements.
d. Parking in setback areas.
e. Up to 10% reduction in the number of required parking spaces.
f. Up to 10% reduction in the required minimum lot area.
g. Up to 10% increase in the maximum lot coverage percentage.
h. Up to 20% reduction in lot width or lot depth requirements.
i. Up to 50% reduction for parking requirements in Ashland's Historic District as
described in section 18.92.055.
j. Up to 10% variance on height, width, depth, length or other dimension not
otherwise listed in this section.
k. Site Design and Use Standards as provided in section 18.72.090.
5. Partitions and Land Divisions.
a. Partitions which require no variances or only variances subject to
Type I procedures.
b. Creation of a private way, as allowed in section 18.80.030.B.
c. Final Plan Approval for Performance Standards Subdivisions.
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69.Any other planning action designated as subject to the Type I Procedure.
7. Prior to the Staff Advisor providing notice of application and making a
decision, applicants or the Staff Advisor may request planning actions
subject to a Type I procedure be heard by the Commission or Hearings
Board. In such case, the Staff Advisor shall not make a decision and shall
schedule a hearing before the Commission or Hearings Board to be heard
as provided in section 18.108.050.
B. Notice of Application. • - , = - _ _ - • : • - : - - -.
.
1. Within 10 days of the city's determination that an application is
complete, but no less than 20 days before the Staff Advisor makes a
decision, written notice of the application shall be mailed to all of the
following:
a. Applicant.
b. Owners of the subject property.
c. Owners of properties located within 200 feet of the perimeter of the
subject property.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 67 -
d. Neighborhood group or community organization officially recognized
by the city council that includes the area of the subject property.
e. For final partitions, final subdivisions, and final Outline Plans, to
interested parties of record from the tentative decision.
f. For modification applications, to persons who reauested notice of the
original application that is being modified.
2. The written notice shall include all of the following:
a. The street address or other easily understood geographical reference
to the subject property.
b. The applicable criteria for the decision, listed by commonly used
citation.
c. The place. date, and time that comments are due.
d. A statement that copies of all evidence relied upon by the applicant
are available for review, and can be obtained at cost.
e. A statement that issues that may provide the basis for an appeal to
the Land Use Board of Appeals must be raised in writing and with
sufficient specificity to enable the decision maker to respond to the
issue.
f. The name and phone number of a city contact person.
a. A brief summary of the local decision making process for the decision
being made.
3. Posted Notice. A notice shall be posted on the subject property in such a
manner as to be clearly visible from a public right-of-way. Posting shall
occur no later than the date of mailing notice of application.
4. Notices shall allow a 14-day period for the submission of written
comments. starting from the date of mailing. All comments must be
received by the city within that 14-day period.
C. Decision. Within 45 days of the city's determination that an application is
complete, unless the applicant agrees to a longer time period. the Staff
Advisor shall approve, conditionally approve, or deny a Type I application.
D. Notice of Decision.
1 Within 5 days after the Staff Advisor renders a decision, the city shall
mail notice of the decision to the following:
a. Applicant.
b. Owner and occupants of the subiect property.
c. Neighborhood group or community organization officially recognized
by the city that includes the area of the subject property.
d. Any group or individual who submitted written comments during the
comment period.
e. Those groups or individuals who requested notice of the decision.
f. Property owners and occupants of property located within 200 feet of
the perimeter of the subject property.
2. The notice shall include all of the following:
a. A description of the nature of the decision of the Staff Advisor.
b. An explanation of the nature of the application and the proposed use
or uses which could be authorized.
c. The street address or other easily understood geographical reference
to the subject property.
d. The name of a city representative to contact and the telephone
number where additional information may be obtained.
e. A statement that a copy of the application, all documents and
evidence submitted by or on behalf of the applicant and applicable
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 68 -
criteria are available for inspection at no cost and will be provided at
reasonable cost.
f. A statement that any person who was mailed a written notice of the
Staff Advisor's decision may reauest reconsideration or appeal as
provided in ALUO 18.108.070(B)(2).
g. A statement that the Staff Advisor's decision will not become final
until the period for filing a local appeal has expired.
h. An explanation that a person who is mailed written notice of the Staff
Advisor's decision cannot appeal directly to LUBA.
3. Unless the decision is reconsidered or appealed according to the
procedures in ALUO 18.108.070(B)(2). the Staff Advisor's decision is
effective on the 13th day after notice of the decision is mailed.
• :. - - - - _ • .
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SECTION 101, 18.108.050, Procedures, Type II Procedure, of the Ashland
Municipal Code, is amended to read as follows:
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 69 -
18.108.050 Type II Procedure.
A. Actions Included. The following planning actions shall be subject to the Type II
Procedure:
1. All Conditional Use Permits not subject to a Type I procedure.
2. All variances not subject to the Type I procedure.
3. Outline Plan for subdivisions under the Performance Standard Options (AMC
Chapter 18.88).
4. Preliminary Plat for subdivisions under the standard subdivision code (AMC
Chapter 18.80).
5. Final Plan approval for all subdivision requests under the Performance Standard
Options not requiring Outline Plan approval.
6. Any appeal of a Staff Advisor decision, including a Type I
Planning Action or Interpretation of the Ashland Land Use Code.
7. Any other planning action not designated as subject to the Type I or Type III
Type -H Procedure.
B. Time Limits, Notice and Hearing Requirements. Applications subject to the Type II
Procedure shall be processed as follows:
1. The Staff Advisor, acting under the authority of ORS 227.165, may hold
an initial evidentiary hearing on Type II applications once they are
deemed complete. The Staff Advisor shall transmit copies of the record
developed at the hearing to the Commission for additional public
hearing, deliberation and decision. The Staff Advisor is not authorized to
make decisions on Type II applications.
2#.Complete applications shall be heard at á st regularly scheduled Commission
meeting which is held at least 30 days after the submission of the complete
application.
32.Notice of the hearing mailed as provided in section 18.108.080.
43. Public hearingjsj, shall be held before the Commission and/or Staff Advisor in
accord with the requirements of section 18.108.100.
SECTION 102, 18.108.060, Procedures, Type III Procedures, of the Ashland
Municipal Code, is amended to read as follows:
18.108.060, Type III Procedures
A. The following planning actions shall be subject to the Type III Procedure:
1. Zone Changes or Amendments to the Zoning Map or other official maps,
except for legislative amendments.
2. Comprehensive Plan Map Changes or changes to other official maps, except
for legislative amendments.
3. Annexations.
4. Urban Growth Boundary Amendments
B. Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map changes
subject to the Type III procedure as described in subsection A of this section may
be approved if in compliance with the comprehensive plan and the application
demonstrates that:
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 70 -
b. A substantial change in circumstances has occurred since the existing zoning
or Plan designation was proposed, necessitating the need to adjust to the
changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such an
action; or
d. Proposed increases in residential zoning density resulting from a change from
one zoning district to another zoning district, will provide one of the
following:
1. 35% of the base density to qualifying buyers or renters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or
below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is
transferred to a non-profit (IRC 501(3)(c)) affordable housing developer
or comparable Development Corporation for the purpose of complying
with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the aroa or areas proposed
for transfer. Ownership of the land shall be transferred to the affordable
housing developer or Development Corporation prior to commencement of
the project; or
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (i.e. Residential Overlay), will not
negatively impact the City of Ashland's commercial and industrial land supply
as required in the Comprehensive Plan, and will provide one of the following:
1. 35% of the base density to qualifying buyers or renters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or
below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is
transferred to a non-profit (IRC 501(3)(c)) affordable housing developer
or comparable Development Corporation for the purpose of complying
with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the area or areas proposed
for dedication. Ownership of the land and/or air space shall be transferred
to the affordable housing developer or Development Corporation prior to
commencement of the project.
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole
unit. A deed restriction, or similar legal instrument, shall be used to
guarantee compliance with affordable criteria for a period of not less than
60 years.
Sections D and E do not apply to council initiated actions.
C. Type III Procedure.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 71 -
1. Applications subject to the Type III Procedure shall be processed as follows:
a. Complete applications shall be heard at the first regularly scheduled
Commission meeting which is held at least 45 days after the submission of
the application.
b. Notice of the hearing shall be mailed as provided in section 18.108.080.
c. A public hearing shall be held before the Commission as provided in
18.108.100.
2. The Commission shall make a report of its findings and recommendations on the
proposed action. Such report shall be forwarded to the City Council within 45
days of the public hearing.
a. Upon receipt of the report, or within 60 days of the Commission hearing, the
Council shall hold a public hearing as provided in 18.108.100. Public notice of
such hearing shall be sent as provided in section 18.108.080.
b. The Council may approve, approve with conditions, or deny the application.
SECTION 103, 18.108.070, Procedures, Effective Date of Decision and Appeals, of
the Ashland Municipal Code, is amended to read as follows:
18.108.070, Effective Date of Decision and Appeals.
A. Ministerial actions are effective on the date of the decision of the Staff Advisor and
are not subject to appeal.
B. Actions subject to appeal:
1. St_ff P__mit Expedited Land Divisions. Unless appealed within
14 days of mailing a notice of decision, the Staff Advisor decision
becomes final on the 15th day. Appeals shall be considered as set forth
in ALUO 18.108.030(C) and ORS 197.375.
2. Type I Planning Actions.
a. Effective Date of Decision.
--~i,The final decision of the City for planning actions resulting from the
Type I Planning Procedure shall be the Staff Advisor decision, effective on the
13th day after notice of the decision is mailed
unless reconsideration of the action is
approved by the Staff Advisor or appealed to the Council Commission
as provided in section 18.108.070(B)(2)(c).11O.A.
b. Reconsideration. The Staff Advisor may reconsider Type I planning
actions as set forth below.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 72 -
i. Any party entitled to notice of the planning action, or any City
Agency may request reconsideration of the action after the
decision has been made by providing evidence to the Staff Advisor
that a factual error occurred through no fault of the party asking
for reconsideration, which in the opinion of the staff advisor,
might affect the decision. Reconsideration reauests are limited to
factual errors and not the failure of an issue to be raised by letter
or evidence during the opportunity to provide public input on the
application sufficient to afford the Staff Advisor an opportunity to
respond to the issue prior to making a decision.
ii. Reconsideration requests shall be received within five (5) days of
mailing. The Staff Advisor shall decide within three (3) days
whether to reconsider the matter.
iii. If the Planning Staff Advisor is satisfied that an error occurred
crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall
decide within ten (10) days to affirm, modify, or reverse the
original decision. The Staff Advisor shall send notice of the
reconsideration decision to affirm, modify, or reverse to any party
entitled to notice of the planning action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to
the decision, the Staff Advisor shall deny the reconsideration
request. Notice of denial shall be sent to those parties that
requested reconsideration.
c. Appeal.
i. , Within twelve (12) days of the date
of the mailing of the Staff Advisor's final decision, including any
approved reconsideration request, the decision may be appealed to
the Planning Commission by any party entitled to receive notice of the
planning action. The appeal shall be submitted to the Planning
Commission Secretary on a form approved by the City Administrator,
be accompanied by a fee established pursuant to City Council action,
and be received by the city no later than 4:30 p.m. on the 12th day
after the notice of decision is mailed.
ii. If an appellant prevails at the hearing or upon subseauent
appeal, the fee for the initial hearing shall be refunded. The fee
required in this section shall not apply to appeals made by
neighborhood or community oraanizations recognized by the city and
whose boundaries include the site.
iii. The appeal shall be considered at the next reaular Plannin
Commission or Hearings Board meeting. The appeal shall be a de
novo hearing and shall be considered the initial evidentiary hearing
reauired under ALUO 18.108.050 and ORS 197.763 as the basis for an
appeal to the Land Use Board of Appeals. The Planning Commission or
Hearings Board t :e m decision on appeal shall be effective 13-5 days
after the findings adopted by the Commission or Board are signed by the
Chair of the Commission or Board and mailed to the parties.
iv. The appeal requirements of this section must be fully met or
the appeal will be considered by the city as a jurisdictional defect and
will not be heard or considered.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 73 -
d. Final Decision of City. The decision of the Council Commission shall be
the final decision of the City on appeals heard by the Cemitetll Commission
on Type I Planning actions, effective the day the findings adopted by the
Council Commission are signed by the Mayer Chair and mailed to the
parties.
i. Type II Planning Actions.
a. Effective Date of Decision. The decision of the Commission is the final
decision of the City resulting from the Type II Planning Procedure, effective
13-5 days after the findings adopted by the Commission are signed by the
Chair of the Commission and mailed to the parties, unless reconsideration
of the action is authorized as provided in Section (b) below or
appealed to the Council as provided in section 18.108.110.A.
b. Reconsideration.
i. The Staff Advisor on his/her own motion, or any party entitled to
notice of the planning action may request reconsideration of the
action after the Planning Commission final decision has been made
by providing evidence to the Staff Advisor addressing one or more
of the following: (1) new evidence material to the decision exists
which was unavailable, through no fault of the requesting partv,
when the record of the proceeding was open; (2) a factual error
occurred through no fault of the requesting party which is relevant
to an approval criterion and material to the decision; (3) a
procedural error occurred, through no fault of the requesting
Party, that prejudiced the requesting partv's substantial rights and
remanding the matter will correct the error. Reconsideration
requests are limited to errors identified above and not the failure
of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application sufficient to
afford the Staff Advisor an opportunity to respond to the issue
prior to making a decision.
ii. Reconsideration requests shall be received within seven (7) days
of mailing. The Staff Advisor shall promptly decide whether to
reconsider the matter.
iii. If the Staff Advisor is satisfied that an error occurred as identified
above and is crucial to the decision, the Staff Advisor shall
schedule
reconsideration with notice to participants of the matter
before the Planning Commission. Reconsideration shall be
scheduled before the Planning Commission at the next regularly
scheduled meeting. Reconsideration shall be limited to the portion
of the decision affected by the alleged errors identified in
paragraph 3.b.i above.
iv. The Planning Commission shall decide to affirm, modify, or reverse
the original decision. The Planning Commission Secretary shall
send notice of the reconsideration decision to any party entitled to
notice of the planning action.
c. Final Decision of City. Unless the decision is remanded to the Planning
Commission, the decision of the City Council shall be the final decision of the
City on appeals heard by the Council, on Type II Planning actions,
effective the day the findings adopted by the Council are signed by
the Mayor and mailed to the parties.
4. Type III Planning Actions.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 74 -
. . - - - - _ - - - - - - - - - - -,
pa-Weft For planning actions described in section 18.108.060.A.1 thru 3-and 4,
the decision of the Council shall be the final decision of the City, effective the day
the findings adopted by the Council are signed by the Mayor and mailed to the
parties.
5. The City Council may call up any planning action for a
decision upon motion and majority vote, provided such vote takes place in the
required appeal time period, Unless the planning action
is appealed and a public hearing is required, the City Council review of
the Planning Action is limited to the record and public testimony is not
allowed. The City Council may affirm, modify or reverse the decision of
the Planning Commission, or may remand the decision to the Planning
Commission for additional consideration if sufficient time is permitted for
making a final decision of the city. The City Council shall make findings
and conclusions and cause copies of a final order to be sent to all parties
of the planning action.
C. No building or zoning permit shall be issued for any action under this Title until the
decision is final, as defined in this section.
SECTION 104, 18.108.080, Procedures, Public Notice, of the Ashland Municipal
Code, is amended to read as follows:
18.108.080, Public Hearing Notice.
Public notice for hearings before the Staff Advisor, Hearings Board or Commission
for planning actions shall be given as follows:
A. Notices shall be mailed at least 10 days prior to the hearing to:
1. The applicant or authorized agent,
2. The subject property owner, and
3. All owners of record of property on the most recent property tax
assessment roll within 200 feet of the subject property."___ th_
B. Mailed notices shall contain the following information, provided, however, that
notices for hearings before the Council shall not contain the statements specified
in paragraphs 8 and 9:
1. Explanation of the nature of the application and the proposed use or uses
which could be authorized.
2. List of the applicable criteria from the ordinance and the plan that apply to
the application at issue.
3. The street address or other easily understood geographical reference to the
subject property.
4. The name of a local government representative to contact and the telephone
number where additional information may be obtained.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 75 -
5. A statement that a copy of the application, all documents and evidence relied
upon by the applicant and applicable criteria are available for inspection at no
cost and will be provided at reasonable cost.
6. The date, time and location of the hearing or of the meeting, if no hearing is
involved.
7. A statement that failure of an issue to be raised in a hearing, in person or by
letter, or failure to provide sufficient specificity to afford the decision maker
an opportunity to respond to the issue precludes an appeal to the Land Use
Board of Appeals (LUBA) based on that issue.
8. A statement that if additional documents or evidence is provided in support of
the application, any party shall be entitled to a continuance of the hearing.
9. A statement that unless there is a continuance, if a participant so requests
before the conclusion of the hearing, the record shall remain open for at least
seven days after the hearing.
C. Posted Notice. - - _ _ . - • - • _ - _ - . _ . - _ -, A notice,
as described in this subsection, shall be posted on the subject property by the
applicant city in such a manner as to be clearly visible from a public right-of-
way at least 10 days prior to the date of the . Failure by
the applicant city to post a notice, or post in clear view from a public right-of-
way shall be considered an incomplete application. The applicant city shall
certify, for the record of the hearing, that the posting was accomplished. The
failure of the posted notice to remain on the property shall not invalidate the
proceedings. The posted notice shall only contain the following information:
planning action number, brief description of the proposal, phone number and
address for contact at Ashland Planning Department.
D. Additional Requirements for Type II and III Public Notice. In addition to the
notice specified in section 18.108.080.A, B and C, notice for Type II and III
procedures shall be published in a newspaper of general circulation in the City at
least 10 days prior to the date of the hearing before the Commission.
E. The failure of a property owner to receive notice as provided in this section shall
not invalidate such proceedings if the City can demonstrate by affidavit that such
notice was mailed. The failure to receive notice shall not invalidate the decision
after the action is final if a good faith attempt was made to notify all persons
entitled to receive notice.
F.. Whenever it is demonstrated to the Staff Advisor that:
1. The city did not mail the notice required in § 18.108.830.ß;
2. Such error adversely affected and prejudiced a person's substantial rights;
and
3. Such person notified the Staff Advisor within 21 days of when the person
knew of should have known of the decision, the Staff Advisor shall
schedule a hearing for the next regular Commission or Hearings Board
meeting allowing adequate time to comply with the notice requirements of
section 18.108.080. The public hearing shall be conducted as provided in
§ 18.108.100.
If a hearing is conducted under this section, the decision of the Commission or
Hearings Board shall supersede the previous decision.
G. Whenever it is demonstrated to the Staff Advisor that:
1. The city did not comply with the notice requirements in § 18.108.080.A
through E;
2. Such error adversely affected and prejudiced a person's substantial rights;
and
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 76 -
3. Such person notified the Staff Advisor within 21 days of when the person
knew or should have known of the decision, the Staff Advisor shall schedule a
hearing before the Board, Commission or Council that heard or would have
heard the matter involving the defective notice.
a. The Staff Advisor shall notify by mail all persons who previously appeared
in the matter and all persons who were entitled to mailed notice but were
not mailed such notice.
b. The hearing shall be conducted as provided in § 18.108.100 if it is a
hearing before the Board or Commission, except that the record of the
previous hearing shall be reviewed and considered by the Board or
Commission. If it is an appeal before the Council, the Council may hear
such matters as are permitted in § 18.108.110.
A decision made after the hearing shall supersede the previous decision.
H. Notwithstanding the period specified in subsections F.3 and G.3 of this section,
the period for a hearing or appeal shall not exceed three years after the date of
the initial decision.
SECTION 105, 18.108.110, Procedures, Appeal to Council, of the Ashland Municipal
Code, is amended to read as follows:
18.108.110,Appeal to Council.
A. Appeals of Type = _ _ _, = Type II
decisions ; ; ; ; • - -; • - - : . : ' .:. e. • . : -shall
be initiated by a notice of appeal filed with the City Administrator. The standard
Appeal Fee shall be required as part of the notice.
at `imc All the appeal requirements of Section 18.108.110, including the
appeal fee, must be fully met or the appeal will be considered by the city as
3 jurisdictionally defective and will not be heard or considered.
1. The appeal shall be filed prior to the effective date of the decision of the
Commission.
2. The notice shall include the appellant's name, address, a reference to the
decision sought to be reviewed, a statement as to how the appellant qualifies as
a party, the date of the decision being appealed, and a clear and distinct
identification of the specific grounds for which the decision should be reversed
or modified, based on the identified applicable criteria or procedural irregularity.
3. The notice of appeal, together with notice of the date, time and place ef-the
itearing-ento consider the appeal by the Council shall be mailed to the parties
at least 20 days prior to the itearingmeetinq.
4. A. Except upon the election to re-open the record as set forth in
subparagraph 4.B. below, the review of a decision of the Planning
Commission by the City Council shall be confined to the record of the
proceeding before the Planning Commission. The record shall consist of
the application and all materials submitted with it; documentary
evidence, exhibits and materials submitted during the hearing or at other
times when the record before the Planning Commission was open;
recorded testimony; (including DVDs when available), the executed
decision of the Planning Commission, including the findings and
conclusions. In addition, for purposes of City Council review, the notice
of appeal and the written arguments submitted by the parties to the
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 77 -
appeal, and the oral arguments, if any, shall become part of the record of
the appeal proceeding
B. The Council may reopen the record and consider new evidence on a
limited basis, if such a request to reopen the record is made to the City
Administrator together with the filing of the notice of appeal and the City
Administrator determines prior to the City Council appeal hearing that
the requesting party has demonstrated:
(a.) That the Planning Commission committed a procedural error,
through no fault of the requesting party, that prejudiced the
requesting party's substantial rights and that reopening the
record before the Council is the only means of correcting the
error; or
(b.)That a factual error occurred before the Planning Commission
through no fault of the reauesting party which is relevant to
an approval criterion and material to the decision; or
(c.) That new evidence material to the decision on appeal exists
which was unavailable, through no fault of the reauesting
party, when the record of the proceeding was open, and
during the period when the requesting party could have
reauested reconsideration. A requesting party may only
qualify for this exception if he or she demonstrates that the
new evidence is relevant to an approval criterion and material
to the decision. This exception shall be strictly construed by
the Council in order to ensure that only relevant evidence and
testimony is submitted to the hearing body.
Re-opening the record for purposes of this section means the
submission of additional written testimony and evidence, not oral
testimony or presentation of evidence before the City Council.
C. Oral argument on the appeal shall be permitted before the Council.
Oral argument shall be limited to ten `ßr410) minutes for the
applicant, ten (10) for the appellant, if different, and three—(3) five 5
minutes for any other Party who participated below. A party shall not be
permitted oral argument if written arguments have not been timely
submitted. Written arguments shall be submitted no less than ten (10)
fourteen—(44-1 days prior to the Council consideration of the appeal.
Written and oral arguments on the appeal shall be limited to those issues
clearly and distinctly set forth in the Notice of Appeal; similarly, oral
argument shall be confined to the substance of the written argument.
D. Upon review, and except when limited reopening of the record is
allowed, the City Council shall not re-examine issues of fact and shall
limit its review to determining whether there is substantial evidence to
support the findings of the Planning Commission, or to determining if
errors in law were committed by the Commission. Review shall in any
event be limited to those issues clearly and distinctly set forth in the
notice of appeal. No issue may be raised on appeal to the Council that
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 78 -
was not raised before the Planning Commission with sufficient specificity
to enable the Commission and the parties to respond.
5. The Council may affirm, reverse, er modify or remand the decision and may
approve or deny the request, or grant approval with conditions. The Council shall
make findings and conclusions, and make a decision based on the record before it
as justification for its action. The Council shall cause copies of a final order to be
sent to all parties participating in the appeal. Upon recommendation of the
Administrator, the Council may elect to summarily remand the matter to
the Planning Commission. If the City Council elects to remand a decision
to the Planning Commission, either summarily or otherwise, the Planning
Commission decision shall be the final decision of the City, unless the
Council calls the matter up pursuant to Section 18.108.070.8.5 .
B. Appeals may only be filed by parties to the planning action. "Parties" shall be defined
as the following:
1. The applicant.
2. Persons who participated in the public hearing, either orally or in writing. Failure
to participate in the public hearing, either orally or in writing, precludes the right
of appeal to the Council.
34.Persons who were entitled to receive notice of the action but did not receive
notice due to error.
SECTION 106, 18.112.030, Enforcement, Revocation - Permit Expiration, of the
Ashland Municipal Code, is amended to read as follows:
18.112.030, Revocation - permit expiration.
Any zoning permit, or planning action granted in accordance with the terms of this
Title shall be deemed revoked if not used within one year from date of approval, unless
another time period is specified in another section of this Title. Said permit shall not be
deemed used until the permittee has actually obtained a building permit, and
commenced construction thereunder, or has actually commenced the permitted use of
the premises. The Staff Aadvisor may grant an
extension : - ' - . •
.. - .: - : - . : . - - - , •
.of the approval under the following conditions:
1. One time extension no longer than eighteen (18) months is allowed.
2. The Staff Advisor shall find that a change of conditions for which the
applicant was not responsible prevented the applicant from completed
the development within the original time limitation.
3. Land Use Ordinance requirements applicable to the development have
not changed since the original approval. An extension may be granted,
however, if requirements have changed and the applicant agrees to
comply with any such changes.
SECTION 10Z, 18.112.040, Enforcement, Revocation - conditions violated, of the
Ashland Municipal Code, is amended to read as follows:
18.112.040, Revocation - conditions violated.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 79 -
Any zoning permit, or planning action granted in accordance with the terms of this
Title may be revoked if any of the conditions or terms of such permit or variance are
violated or if any law or ordinance is violated in connection therewith.
SECTION 108 Digital Maps. The following Official Maps in electronic format,
attached hereto and made a part hereof by this reference, are officially adopted by
the City of Ashland:
1. Airport Overlay Zone
2. Site design Zones
3. Detailed Site Review Zone
4. Downtown Design Standards - Overlay
5. Hillside Lands
6. Historic Districts
7. North Mountain Zone
8. Physical and Environmental Constraints Maps
9. Flood')lain Corridor Lands
10. Riparian Preservation Lands
11. Hillside Lands
12. Wildfire Lands
13. Severe Constraints Lands
14. Performance Standards Overlay
15. Residential Overlay
16. Zoning Map
SECTION 109" Severability.
If any section, provision, clause, sentence, or paragraph of this Ordinance or
the application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect the other sections, provisions, clauses or
paragraphs of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
SECTION 110 Savings Clause.
Notwithstanding this amendment, the City ordinances in existence at the
time any land use action was legally deemed commenced, shall remain valid
and in full force and effect for purposes of all applications, cases and actions
filed or commenced during the times said ordinance(s) or portions thereof
were operative.
SECTION 111, Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal
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, and typographical errors and cross-reference
corrections, corrected by the City Recorder, provided however that Sections
109, thru 113, unincorporated Whereas clauses and boilerplate provisions
need not be codified.
Ashland Land Use Ordinance Amendments Second Reading: April 1, 2008-p. 80 -
SECTION 112, Delayed Effective Date.
In accordance with Article 10, Section 3 of the Ashland Charter, the Council
deems it advisable to delay the effective date of this ordinance. Accordingly
this ordinance shall be effective on July 1, 2008.
SECTION 113, Ordinance Review.
This Ordinance shall be reviewed by the City Council three (3) years of the
effective date of this ordinance.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the /7 day of ~~;Z~N"~ , 2008,
and. duly PASSED and ADOPTED this / day of , 2008
Ah / ~r
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of' v' , 2008.
n W. M
Reviewed as to form:
Rich rd App
Attorney
son, Mayor
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