HomeMy WebLinkAbout3060 AMND 18.08 & 18.68 Land Use ORDINANCE NO. 30(oo
AN ORDINANCE AMENDING THE DEFINITIONS CHAPTER (18.08)
AND GENERAL REGULATIONS CHAPTER (18.68) OF THE ASHLAND
MUNICIPAL CODE AND LAND USE ORDINANCE.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS,the Ashland City Council has determined that it would be advantageous and
beneficial to the citizens of the City of Ashland to create procedures and incentives for the
implementation of green building practices;
WHEREAS,the City Council of City of Ashland, Oregon, finds it is in the interest of the City
and its citizens to provide standards for fences for the purposes of protecting vegetation from
deer, and that adoption of this Ordinance promotes more sustainable food practices and
reasonably furthers the health, safety, and general welfare of the citizens of the City Ashland;
WHEREAS,the City Council has determined that it is in the best interest of the citizens of the
City to promote energy efficiency, water conservation, and increased self sufficiency;
WHEREAS, the City of Ashland Planning Commission considered the recommended
amendments to the Ashland Municipal Code and Land Use Ordinances at a duly advertised
public hearing on February 14, 2012, and following deliberations, recommended approval of the
amendments;
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the amendments to the Ashland Municipal Code and Land Use Ordinances on March 6, 2012;
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
Page 1 of 7
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. AMC Chapter 18.08 [Defnitions] is hereby amended to add a new definition to
read as follows:
18.08.175 Deer Fence.
An open fence used to Prevent entry by deer or other wildlife for the purpose of
protecting gardens, veeetation and yards.
18.08.616 Rain Barrel:
A barrel used to collect and store rain water runoff from rooftops via rain gutters
for non-potable use.
18.08.616 18.08.617 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. (ORD 2951, 2008)
SECTION 3. AMC Chapter 18.68.010 [Fences] is hereby amended to read as follows:
Section 18.68.010 Fences
Fences, walls, hedges and screen planting shall be subject to the following standards:
A. Height
A.1 In any required front yard, provided they do not exceed three and one-half(3 %)
feet in height.
132. In any rear or side yard, provided they do not exceed six and one-half(6 ''/1) feet
in height.
l 3. The height of fences or walls in rear or sideyard setback areas abutting a public
street shall be forty eight (48) in " ° four (4) feet or less if said fences or walls
are within ten (10) feet of any public street except an alley.
4. The height of a fence is the vertical distance measured from the natural
grade to the highest point of the fence, including the structural supports.
a) Below-Grade Lots. On lots that are not generally level with the
adjacent street, height may be measured from the top of the adjacent
Page 2 of.7
sidewalk or curb, or, where curbs are absent, from the crown of the
adjacent street plus six inches.
_ m t
rn
m
S
' d
U
Curb
Sidewalk __________ ___ U.
Street Grade
f �
Property Line
i
b) When fences are built on top of retaining walls, or one lot is markedly
higher than an adjacent lot, height shall be measured from the highest
adiacent grade, except that the solar access of adjacent properties to
the north shall be maintained in accordance with AMC 18. 70.
T
M
0
N
2
U3
Adjacent Grade
:T
Nature!Grade is used tc detemi
rne ❑11Vatura/
maximum fence height under the
solar ordinance when fence *..
shades a property to fhe Norih ///
B. Construction
Dl. The framework for newly constructed fences and walls shall face toward the
builder's property, except where fences are jointly constructed.
E2. Fences shall lean at an angle from the vertical plane no greater than five (5%)
percent. In cases• where this limitation is exceeded and a written complaint is
received by the Planning Department, the property owner shall be notified, in
writing of the problem. The Planning Department shall take action only on the
basis of a written complaint, or on its own action.
3. Fences shall not be constructed across any waterway or stream identified on
the official maps adopted pursuant to Section 18.62.060. Fences shall not be
constructed within any designated floodway. Fences within water resource
Page 3 of 7
protection zones shall be located and constructed in accordance with Section
18.63.060.B.3.
C. Materials
1. The use of barbed wire, razor wire, electrified wire and similar security
fencing materials shall be limited as follows:
a) shall not be located adjacent to a sidewalk, a public way. or along the
adjoining property line of another person;
b) shall not be erected or maintained at less than six and a half(6'/Z) feet
above grade;
0may be located in commercial, employment or industrial lands if not
visible from the public right of way, or with approval from the
Community Development Director on properties deemed to be
hazardous or in need of additional security.
D. Deer Fencing
1. Deer fencing may be attached to a permitted front, side, or rear yard fences
provided the area in excess of the allowable fence heights per 18.68.010 is
designed and constructed to provide a clear view through the fence.
a) Within required front yards at least eighty five percent (85%) of the
surface shall be unobstructed to both light and air when viewed
perpendicular to the plane of the fence.
b) Within required side and rear yards at least eighty percent (80%), of
the surface shall be unobstructed to both light and air when viewed
perpendicular to the plane of the fence.
2. Deer fencing shall have a minimum height of six and a half feet (6 'h' ) and
shall not exceed eight feet (8') above grade.
3. Permitted deer fencing materials may include, woven wire fencing, field
fence, "hog panels", wire strand or polypropylene mesh net that is open and
visible through the material. Within front vards all mesh material shall have
a minimum open diameter of one and a half(1 '/2) square inches.
4. Deer fencing shall be supported by structural supports, or tension wires,
that run along the top of the fence to prevent sagging.
5. Chain link fences shall not be considered to be deer fences under this section
even if they meet the criteria above.
Page 4 of 7
2I - - - -- -
open mesh -- 4 5'
. : , deer fencing;::
--, — ---- — ,-- - — — -- — ,--
rear or side yard front yard
SECTION 4. AMC Chapter 18.68.040 [Yard Requirements] is hereby amended to read as
follows:
Section 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. Eaves and
awnings may intrude three feet (3') into required yards.
18.68.140 Accessory Buildings and Structures
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. A chicken coop and a chicken run may be maintained accessory to a single family
dwelling in a residential district provided the following conditions are met:
1) No more than five (5) chickens shall be kept or maintained on properties
of less than five thousand (5000) square feet in area:
2) No more than one (1) chicken for each one thousand (1,000)square feet of
lot area, up to a maximum of twenty (20) chickens, shall be kept or
maintained on properties greater than rive thousand (5000)square feet in
area
3) No roosters shall be kept on the property at any time.
4) Chicken coops and chicken runs shall be constructed as follows:
a) they shall be located within a side or rear yard only, and shall be at
least seventy rive (75) feet from dwellings on adjoining properties.
b) structures shall not exceed six (6) feet in height.
c) chicken coops shall not exceed forty (40) square feet in area, or four
(4) square feet per chicken,which ever is greater.
Page 5 of 7
d) chicken runs, as enclosed outdoor structures, shall not exceed one
hundred (100) square feet in area, or ten (10) square feet per chicken,
which ever is greater.
............ --�
CD
rn
I
aU-
3 ft a
minimum COpP
setback Ghi,Ken
1 The keeping of chickens, and the maintenance of their environment, shall be
in accordance with Keeping of Animals chapter of the Ashland Municipal
Code (Ch. 9.08.040).
E D 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.
E. Rain barrels 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, and as follows:
1) Rain barrels shall not exceed six (6) feet in height; and
2) Rain barrels shall be located so that a minimum clear width of three (3) feet
is provided and maintained between the barrel and property line; and
3) Rain barrels shall be secured and installed on a sturdy and level foundatim
or platform, designed to support the rain barrel's full weight; and
4) Every attempt shall be made to place rain barrels so that they are screened
from view of adiacent properties and public streets.
DY 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
Page 6 of 7
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.
SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", or another word; and
the sections of this Ordinance may be renumbered,' or re-lettered, provided however that any
Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1,
5-6) need not be codified and the City Recorder is authorized to correct any cross-references and
any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
;and y PASSED and ADOPTED this J 7 day of:�*_ r7 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 2012. r/
John Stromberg, Mayor
Revie as to form: L /2911
David Lohman, City Attorney
Page 7 of 7