HomeMy WebLinkAbout3155 ARU
ORDINANCE NO. 3155
AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.3.4, 18.3.5,
18.3.99 18.4.29 18.4.39 18.4.49 18.4.99 18.5.2 AND 18.6.1 OF THE ASHLAND
LAND USE ORDINANCE RELATING TO ACCESSORY RESIDENTIAL
UNITS AND MISCELLANEOUS EDITS FOR CLARITY AND
CONSISTENCY
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined thr-ou and additions are bold underlined.
WHEREAS, Statewide Planning Goal 10 requires cities to inventory and plan for buildable
lands for residential use to provide for adequate numbers of needed housing units at price ranges
and rent levels which are commensurate with the financial capabilities of Oregon households and
allow for flexibility of housing location, type and density; and
WHEREAS, the Legislature passed Senate Bill 1051 in 2017 which included a requirement that
cities with populations greater than 2,500 and counties with populations greater than 15,000
allow at least one accessory dwelling unit for each detached single-family dwelling in single-
family zones subject to reasonable local regulations relating to siting and design; and
WHEREAS, the City Council identified the need to provide incentives to create affordable and
workforce housing in the 2015-2017 Council Goals and Objectives; and
WHEREAS, the Ashland Comprehensive Plan includes a goal to "Ensure a variety of dwelling
types and provide housing opportunities for the total cross-section of Ashland's population,
consistent with preserving the character and appearance of the city; and
WHEREAS, the 2012 Ashland Housing Analysis identified a deficit in rental housing for
extremely-low income (less than 30 percent of area median income) and low-income households
(between 30 and 50 percent of area median income) and recommended more rental studio and
one-bedroom units; and
WHEREAS, Ashland began allowing accessory residential units (ARUs) in 1991 with 191
ARUs approved since that time, and has found that the introduction of second units in single-
family zones provides rental units and at the same time preserves neighborhood character; and
WHEREAS, the 2016 American Community Survey shows that 39.4 percent of Ashland
households are single-person compared to 27.8 percent of Oregon Households, and 44.8 percent
of single-person households in Ashland are renter-occupied compared to 36 percent of single-
person households in Oregon are renter-occupied; and
WHEREAS, the City Council determined it is necessary to amend the ARU requirements to
Ordinance No. Page 1 of 32
respond to changes in the housing supply, in part affected by the lack of construction of housing
units during the recession, to encourage the development of small units less than 500 square feet
in size to help address Ashland's small household and rental needs; and
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 under Oregon law, local governments may regulate the operation and location of
certain types of uses within their jurisdiction limits except when such action has been specifically
preempted by state statute; and
WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised
public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on
April 24, 2018; and
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 June 19,
2018; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in the 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. Section 18.2.2.030 [Base Zones and Allowed Uses - Allowed Uses] of the
Ashland Land Use Ordinance is hereby amended as follows:
Ordinance No. Page 2 of 32
18.2.2.030 Allowed Uses
A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted
subject to special use standards, and allowed subject to approval of a conditional use
permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not
define the use or include it as an example of an allowed use, the City may find that use is
allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not Ii
FFTableF82.2.0v0 and no and to he similar to an allowed use are prohibited. F-GF
uses allowed in spermal distriGtS GM, HG, NM, and SOU, and for regulations applying
to the Gi+v's overlays zoHes refer to part 18.3.
B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as
"Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)"
are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are
subject to the development standards of zone in which they are located, any applicable
overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020.
C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed
subject to the requirements of chapter 18.5.4.
D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an
allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses
are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090,
and 18-1.6.100.
E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2,
additional land use standards or use restrictions apply within overlay zones. An overlay zone
may also provide for exceptions to some standards of the underlying zone. For uses
allowed in special districts CM, HC, NM, NN and SOU, and for regulations applying to
the City's overlays zones, refer to part 18.3. For regulations applying to the Gi+"~coverlays zoHes please refer +O part 18.3.
F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as
accessory uses. For information on other uses that are customarily allowed as accessory,
please refer to the description of the land use categories in part 18.6 Definitions.
G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one
another, in the same structure or on the same site, provided all applicable development
standards and building code requirements are met.
H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4;
except as follows:
1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term
temporary uses occurring once in a calendar year and lasting not more than 72 hours
including set up and take down. Activities such as races, parades, and festivals that
occur on public property (e.g., street right-of-way, parks, sidewalks, or other public
grounds) require a Special Event Permit pursuant to AMC 13.03.
2. Garage Sales. Garage sales shall have a duration of not more than two days and shall
not occur more than twice within any 365-day period. Such activity shall not be
Ordinance No. Page 3 of 32
i
accompanied by any off-premises advertisement. For the purpose of this ordinance,
garage sales meeting the requirements of this subsection shall not be considered a
commercial activity.
3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar
structure may be permitted for a period not to exceed 90 calendar days upon the
granting of a permit by the Building Official. Such occupancy may only be allowed in
conjunction with construction on the site. Said permit shall not be renewable within a six-
month period beginning at the first date of issuance, except with approval of the Staff
Advisor.
1. Disclaimer. Property owners are responsible for verifying whether a proposed use or
development meets the applicable standards of this ordinance.
Ordinance No. Page 4 of 32
Table 18.2.2.030 - Uses Allowed by Zone
R-1 R-1 R-2 R-3 RR WR C-1 & E-1 M-1 Special Use Standards
3.5 C-1 -D
A. Agricultural Uses'
Agriculture, except Keeping of Bees, Animal sales, feed yards, keeping of
Livestock and Micro-Livestock, Homegrown P P P P P P N N N swine, commercial compost, or similar
Marijuana Cultivation, and Marijuana
uses not allowed
Production
Keeping of Bees S S S S S S N N N Sec. 18.2.3.160
Keeping of Livestock S N N N S S N N N
Keeping of Micro-Livestock S S S S S S N N N
Sec. 18.2.3.190
Marijuana Cultivation, Homegrown S S S S S S S S S See General Industrial, Marijuana
Production
B. Residential Uses
See Single-Family standards in Sec.
18.2.5.090
Sec. 18.2.3.130 for C-1 zone and E-1
Single-Family Dwelling P P P P P P S S N zone.
Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
and 18.2.5.070
Accessory Residential Unit P or P or S S PPor N N N N Sec. 18.2.3.040 and Sec.
S S S 18.5.2.020.C.2
Cottage Housing S N N N N N N N N Sec. 18.2.3.090 Cottage Housing
Duplex Dwelling S P P P N N S S N Sec. 18.2.3.110 Duplex Dwelling
' KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. Page 5 of 32
m Allowed by Zone
R-1 R-1 R-2 R-3 RR WR C-1 & E-1 M-1 Special Use Standards
3.5 C-1 -D
fidual Lot S S S S N N N N N Sec. 18.2.3.170 and not allowed in
Historic District Overlay
lopment N S CU+ N N N N N N Sec. 18.2.3.180
S
Sec. 18.2.3.130 for C-1 zone and E-1
zone
N P P P N N S S N Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
and 18.2.5.070
Sion to For- N N S S N N N N N Sec. 18.2.3.200
S S S S S S S S N Sec. 18.2.3.150
nt Homes CU CU Cu Cu Cu CU N N N See chapter 18.3.3 Health Care
Services
P P P P P P N N N Subject to State licensing requirements
Cu P P P CU Cu N N N Subject to State licensing requirements
N P P P N N N N N
Uses
See chapter 18.3.7 Airport Overlay
Table 18.2.2.030 - Uses Allowed by Zone
R-1 R-1 R-2 R-3 RR WR C-1 & E-1 M-1 Special Use Standards
3.5 C-1 -D
Cemetery, Mausoleum, Columbarium N N N N CU N N N N
D. Public and Institutional Uses
(continued)3
Child Care Facility Family Child Care Home exempt from
Cu Cu CU Cu Cu Cu P P P planning application procedure pursuant
to ORS 329A.440, see part 18.6 for
definition
Club Lodge, Fraternal Organization Cu Cu Cu Cu Cu Cu P Cu CU
Community ServiGe, OnGl- ides
Governmental O ffo and Ernergene
(e.g., ServiGes PGIiGe, Fore); eXGluding
Outdoor e
Electrical Substation N N N N N N Cu CU P
Hospitals Cu Cu CU Cu Cu N N N N See chapter 18.3.3 Health Care
Services
Governmental Offices and Emergency
Services (e.g., Police, Fire); excluding Cu Cu N N Cu Cu P P P
Outdoor Storage
Mortuary, Crematorium N N N N Cu N P P P
Public Park, Open Space, and Recreational
Facility, including playgrounds, trails, nature P P P P P P N N N
preserves, athletic fields, courts, swim pools,
similar uses
Public Parking Facility N N N N N N P 14P NP
3 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. Page 7 of 32
Table 18.2.2.030 - Uses Allowed by Zone
R-1 R-1 R-2 R-3 RR WR C-1 & E-1 M-1 Special Use Standards
3.5 C-1-D
Puffilon I.Nnrks.11-Itilffities Storage Yard;
aintena GO, Fepai
D. Public and Institutional Uses
(continued)4
Recycling Depot N N N N N N N P P Not allowed within 200 ft of a
residential zone
Religious Institution, Houses of Worship CU CU CU CU CU CU CU CU CU
School, Private (Kindergarten and up) CU CU CU CU CU CU N N N
School, Public (Kindergarten and up) P P P P P CU N N N
School, Private College[Tradeliechnical N N N N N N N CU P
School
Includes public service building.
Utility and Service Building, Yard and yard, and structures such as
Structure, Public and Quasi-Public, CU CU N N CU CU P P P public works yards
excluding undeFgFOURd utilities any]
electrical substations Yards not allowed in the RR. WR,
and C-1 zone
Wireless Communication Facility CU CU CU CU CU CU CUr CUr CUr Sec.18.4.10
E. Commercial Uses
Amusement/Entertainment, includes theater,
concert hall, bowling alley, miniature golf, N N N N N N P CU P
arcade; excluding drive-up uses
Automotive and Truck Repair, or Service; N N N N N N S CUr S or p Sec. 18.2.3.050
includes fueling station, car wash, tire sales CU
4 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. Page 8 of 32
Table 18.2.2.030 - Uses Allowed by Zone
R-1 R-1 R-2 R-3 RR WR C-1 & E-1 M-1 Special Use Standards
3.5 C-1 -D
and repair/replacement, painting, and other In C-1 zone, fuel sales and service
repair for automobiles, motorcycles, aircraft, limited to is a permitted use provided
boats, RVs, trucks, etc. within the Freeway Overlay, see
chapter 18.3.8; conditional use in
locations outside of Freeway Overlay
In E-1 zone, auto and truck repair is a
permitted use if 200 feet or more
from residential zones: fuel sales and
service requires CU permit
E. Commercial Uses (continued)5
Automotive Sales and Rental, eXGept within
the HiSt0F'^ interest nrea, includes N N N N N N CU CU P wept nNot allowed within Historic
motorcycles, boats, RVs, and trucks District Overlay
Accessory Travelers' Accommodation (See N N CU+ CU+ N N N N N
also Travelers' Accommodation) S S Sec. 18.2.3.220
Bakery, except as classified as Food N N N N N N P P P
Processing
Commercial Laundry, Cleaning, and Dyeing N N N N N N S S P
Sec. 18.2.3.080
Establishment
Commercial Recreation, includes country
club, golf course, swimming club, and tennis CU CU N N CU CU N N N
club; excluding intensive uses such as
driving range, race track, or amusement park
Per Sec. 18.2.3.100, Drive-Up uses are
Drive-Up Use N N N N N N S N limited to area east of Ashland St at
intersection of Ashland St/Siskiyou Blvd
*In C-1 zone, requires annual Type I
Hostel N N CU CU N N CU N N review for at least the first three years,
after which time the Planning
5 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. Page 9 of 32
Table 18.2.2.030 - Uses Allowed by Zone
R-1 R-1 R-2 R-3 RR wR C-1 & E-1 M-1 Special Use Standards
3.5 C-1 -D
Commission may approve a permanent
facility through the Type II procedure
E. Commercial Uses (continued)6
Hotel/Motel N N N N N N CU CU P
Kennel (See also Veterinary Clinic) N N N N N N S S CU No animals kept outside within 200
feet of a residential zone
Limited Retail Uses in Railroad Historic N CU CU CU N N N N N Sec. 18.2.2.210 for Retail Uses Allowed
District in Railroad Historic District
Lumber Yard and Similar Sales and Rental
of Building or Contracting Supplies, or Heavy N N N N N N NCU Cu P
Equipment
Per Sec. 18.2.3.190, marijuana retail
Marijuana Retail Sales, includes sale of S or S or sales are limited to the C-1 and E-1
medical and recreational marijuana N N N N N N CU CU N zones and located on a boulevard or
200 feet or more from any residential
zone, see Sec 18.2.3.190.
Nightclub, Bar N N N N N N S CU P Not allowed within the Historic District
Overlay unless located in C-1-D
Office 'Q^^ Serv ses) N N CU CU N N P P P
Outdoor Storage of Commodities or N N N N N N CU CU P
Equipment associated with an allowed use
Plant Nursery, Wholesale, except Marijuana N N CU CU N N N N N
Production
6 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. Page 10 of 32
,s Allowed by Zone
R-1 R-1 R-2 R-3 RR WR C-1 & E-1 M-1 Special Use Standards
3.5 C-1 -D
iued)7
N N N N N N P P P
In R-2 zone, uses limited to personal
and professional services, except see
Sec. 18.2.3.210 for retail uses allowed
in Railroad Historic District
d Services, N N CU+ N N N P S S In E-1 zone, Retail limited to 20,000 sq
:)rvices S ft of gross leasable floor space per lot.
In M-1 zone, uses limited to serving
persons working in zone
See Marijuana Retail Sales
ercial (Mini- N N N N N N N Cu P
;See also N N CU+ CU+ N N N N N Sec. 18.2.3.220
modation) S S
N N N N N N P P P
snt Uses
In the E-1 zone, uses within 200 feet
shine Shop, and S or of a residential zone require CU
Repairs N N N N N N N CU P permit
m Allowed by Zone
R-1 R-1 R-2 R-3 RR wR C-1 & E-1 M-1 Special Use Standards
3.5 C-1 -D
:nt Uses
Removal of
Dirty or Other N N N N CS+ N N N N Sec. 18.2.3.070
lant N N N N N N N N Cu
atchman
N N N N N N N Cu CU
In the C-1 zone, manufacture or
assembly of items sold is a permitted
use, provided such manufacturing or
serving, N N N N N N S S P assembly occupies 600 square feet
eezing, drying, or less, and is contiguous to the
reserving. permitted retail outlet
In the E-1 zone, See Sec. 18.2.3.140
In E-1 and M-1 zones, marijuana
laboratory, processing, and
les Marijuana N N N N N N N P or P or production are subject to the special
Production S S use standards in Sec. 18.2.3.190
See Marijuana Cultivation,
Homegrown
Requires assembly, fabricating, or
packaging of products from
a saw, planning previously prepared materials such
lants. N N N N N N S P P as cloth, plastic, paper, cotton, or
wood
In the C-1 zone, manufacture or
accamhly of itamc cnlrl in a narmittarl
Table 18.2.2.030 - Uses Allowed by Zone
R-1 R-1 R-2 R-3 RR wR C-1 & E-1 M-1 Special Use Standards
3.5 C-1 -D
use, provided such manufacturing or
assembly occupies 600 square feet
or less, and is contiguous to the
permitted retail outlet
F. Industrial and Employment Uses
(continued) 9
Outdoor Storage of Commodities or N N N N N N CU CU P
Equipment associated with an allowed use
Television and Radio Broadcasting Studio N N N N N N N P P
Deliveries and shipments limited to
7AM-9PM within 200 feet of a
residential zone
Wholesale Storage and Distribution, includes N N N N N N N S S
Marijuana Wholesale
In E-1 and M-1 zones, marijuana
wholesale is subject to the special
use standards in Sec. 18.2.3.190
Wrecking, Demolition, and Junk Yards N N N N N N N N CU
G. Other Uses
Temporary Tree Sales N N N N N N P N N Allowed from November 1 to January 1
Temporary Use CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H
9 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. Page 13 of 32
SECTION 2. Section 18.2.3.040 [Special Use Standards - Accessory Residential Unit] of the Ashland
Land Use Ordinance is hereby amended to read as follows:
18.2.3.040 Accessory Residential Unit
Where aecessory residential units are allowed, they are subjeGt to Site Design Review unde
nhapter 18.6.2, and shall meet all of the following require e..t~ Accessory residential units are
subject to Site Design Review under chapter 18.5.2, except as exempted in subsection
18.2.3.040.A, below.
A. Exemptions. Accessory residential units are permitted outright with an approved building
permit, and are allowed without a Site Design Review under chapter 18.5.2 provided that the
accessory residential unit meets all of the following requirements.
1. The accessory residential unit is located in the R-1, R-1-3.5, RR, NN and NM zones.
Accessory residential units in the R-2 and R-3 zones require Site Design Review under
chapter 18.5.2 and are not permitted outright under this subsection.
2. The accessory residential unit meets all of the requirements of the applicable zone in
subsections 18.2.3.040.6. C. E and F, below, except as otherwise exempted in subsection
18.2.3.040.A.
3. The size of the accessory residential unit is less than 500 square feet of gross habitable
floor area (GHFA).
4. The accessory residential unit is attached to the primary residence or within an existing
primary residence. Accessory residential units located in the Historic District overlay and
including exterior building changes that require a building permit, and accessory
residential units located in detached structures (i.e., not attached to the primary
residence) require Site Design Review under chapter 18.5.2 and are not permitted
outright under this subsection.
5 The property must have two off-street parking spaces, except that parking spaces, turn-
arounds, and driveways are exempt from the requirements in subsections 1 and 2 of
18.4.3.080.13 and paving requirements in subsection 18.4.3.080.E.1.
6. Additional off-street parking is not required for the accessory residential unit if on-street
parking is permitted within 200 feet of the property. Alternatively, one off-street parking
space may be provided on the property in conformance with the off-street parking
provisions for accessory residential units in section 18.4.3.080.
AB.R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements.
1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units
shall not exceed two per lot:
2. Accessory residential units are not subject to the density or minimum lot area requirements of
the zone e ..t that aGGessery . sidential , nits ghall hp et^d in the dens Mty of
developments a eated- : under the De"Ferrnanre Standards Optien : Ghapte• 18.3.9.
Ordinance No. Page 14 of 32
3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not
exceed 50 percent of the GHFA of the primary residence on the lot and shall not exceed 1,000
square feet GHFA.
4. The proposal shall conform to the overall maximum lot coverage and setback requirements of
the underlying zone.
5. Additional parking shall be provided in conformance with the off-street parking provisions for
single-family dwellings in section 18.4.3.080, except that parking spaces, turn-arounds, and
driveways are exempt from the requirements in subsections 1 and 2 of 18.4.3.080.D and
paving requirements in subsection 18.4.3.080.E.1.
8C.RR Zone. In addition to the standards in subsection 1Q4A:A18.2.3.040.B, accessory
residential units in the RR zone shall meet the following requirements.
1. if the aGGessory residential unit is not part of the primary dwelling, all ronstruction and
i
land d*sturbanGe assOGiated with the ar.Gessory Fesidential unit shall OGGur on lands
less than 26 nerrent slope
The lot on whmrh the aGGessory residential UAit as IGGated shall have aGGess to an
2.
width, paved t- n of 20 feet On with Gurbs, gutters, and
street,
a-rdcrrurrcT
31. No on-street parking credits shall be allowed for accessory residential units.
42. If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler
system installed.
GD.R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards
in subsection 18.2.3.040.n1 8.2.3.040.B, except that the maximum gross habitable floor area
(GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the
primary residence on the lot, and shall not exceed 500 square feet GHFA.
E NN Zones Accessory residential units in the Normal Neighborhood District under chapter
18.3.4 shall meet the standards in subsection 18.2.3.040.B.
F NM Zones Accessory residential units in the North Mountain Neighborhood NM zones under
chapter 18 3 5 shall meet the standards in subsection 18.2.3.040.13, except that the maximum
gross habitable floor area (GHFA) of the accessory residential unit must not exceed 750
square feet GHFA and that second story accessory residential units constructed above a
detached accessory building must not exceed 500 square feet GHFA.
SECTION 3. Section 18.2.3.160(B) [Special Use Standards - Keeping of Livestock and Bees] of the
Ashland Land Use Ordinance is hereby amended as follows:
B. Structures. Livestock enclosures and structures, including barns, stables, chicken coops and runs,
rabbit hutches, goat barns, and other structures, shall be in compliance with 1820subsection
18.2.5.040.D, this ordinance and with all applicable building codes.
Ordinance No. Page 15 of 32
SECTION 4. Section 18.3.4.040(C) [Normal Neighborhood District - General Use Regulations] of the
Ashland Land Use Ordinance is hereby amended as follows:
C. General i se Regulations. Allowed Uses. I Ises and the:. arGessery uses are mitten
,
speGial permitted or n-onditional ,qe-q the Normal Neighborhood Plan nrea ns Hstprl the
Land Use Table.
1. Uses Allowed in Normal Neighborhood District. Allowed uses include those that are
permitted, permitted subject to special use standards, and allowed subject to a
conditional use permit. Where Table 18.3.4.040 does not list a specific use and part 18.6
does not define the use or include it as an example of an allowed use, the City may find
that use is allowed, or is not allowed, following the procedures of section 18.1.5.040
Similar Uses. All uses are subject to the development standards of zone in which they
are located, any applicable overlay zone(s), and the review procedures of part 18.5. See
section 18.5.1.020 Determination of Review Procedure.
a. Permitted Uses. Uses listed as "Permitted (P)" are allowed.
b. Permitted Subject to Special Use Standards. Uses listed as "Permitted Subject to
Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3
Special Use Standards.
c. Conditional Uses. Uses listed as "Conditional Use Permit Required (C)" are
allowed subject to the requirements of chapter 18.5.4 Conditional Use Permits.
d. Prohibited Uses. Uses not listed in Table 18.3.4.040, and not found to be similar to an
allowed use following the procedures of section 18.1.5.040 Similar Uses, are
prohibited.
2. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base
Zones, additional land use standards or use restrictions apply within overlay zones. An
overlay zone may also provide for exceptions to some standards of the underlying zone.
3. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one
another, in the same structure or on the same site, provided all applicable development
standards and building code requirements are met.
Ordinance No. Page 16 of 32
Table . NN 1
Lannd- Use Descriptions Single Family Suburban
Residential A°qd Pnt6n
Gec'rlo nFol
with
Table 18.3.4.040 Normal Neighborhood District Uses Allowed by Zone10
Normal Neighborhood District Zones"
NN-1-5 NN-1-3.5 NN-1-3.5-C NN-2
A. Residential Uses
Single Dwelling Residential Unit P P N N
(Single-Family Dwelling)
Accessory Residential Unit, see Sec. 18.2.3.040 F or S P Dr S P or S J
Double Dwelling Residential Unit N P P P
(Duplex Dwelling)
Cottage Housing P N N N
Clustered Residential Units N P P P
Attached Residential Unit N P P P
Multiple Dwelling Residential Unit N P P P
(Multi family Dwelling)
Manufactured Home on Individual Lot P P P P
Manufactured Housing Development N P P P
_Neighborhood Business and Service Uses
Home Occupation P P P P
Retail Sales and Services, with each building N N P N
limited to 3,500 square feet of gross floor area
Professional and Medical Offices, with each
building limited to 3,500 square feet of gross floor N N P N
area
Light manufacturing or assembly of items
occupying six hundred (600) square feet or less, N N P N
and contiguous to the permitted retail use.
Restaurants N N P N
Day Care Center N N P N
Assisted Living Facilities N C C C
C. Residential Uses
Religious Institutions and Houses of C C C C
Worship
Public Buildings P P P P
Community Gardens P P P P
Open space and Recreational Facilities P P P P
10 Key' P = Permitted Uses: S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
i Zones' NN-1-5 = Single-Family Residential; NN-1-3.5 = Suburban Residential' N-N-1-3.5-C = Suburban Residential with
Commercial; MM-2 = Multi-Family Residential.
Ordinance No. Page 17 of 32
"Permitted 1 . Permitted Uses. Uses listed as development standards of zone in whiGh they are 10Gated, any appliGable overlay zonets)-,
and the review PFOGedures of Part 18.5. See seGtion 18.5.1.020 Determination of Revi
lreGed u re.
"Conditional 2. Cond0fional Uses. Uses listed as subject tG the requirements of nhapter 18.6.4 Conditional Use Permits
Uses, 3. PFoh"bmted Uses. Uses not listed in the Land Use Table, and not found to be similar to an
allowed use following the prOGedures of seGtien 18.1 .6.040 Similar
are prehibi
SECTION 5. Section 18.3.4.060(B)(2) [Normal Neighborhood District - Site and Building Design
Standards] of the Ashland Land Use Ordinance is hereby amended as follows:
2. Cottage Housing. [Rd7Cottage Housing Developments in the Normal Neighborhood
shall be developed in accordance with the standards in 18.2.3.090.
SECTION 6. Section 18.3.5.050 [North Mountain Neighborhood - Allowed Uses] of the Ashland Land
Use Ordinance is hereby amended as follows:
18.3.5.050 Allowed Uses
A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include those that are
permitted, permitted subject to special use standards, and allowed subject to a conditional use
permit. Where Table 18.3.5.050 does not list a specific use and part 18.6 does not define the use or
include it as an example of an allowed use, the City may find that use is allowed, or is not allowed,
following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030
and not found to be similar to an allowed use are prohibited. All uses are subject to the
development standards of zone in which they are located, any applicable overlay zone(s), and the
review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure.
1. Permitted Uses. Uses listed as "Permitted (P)" are allowed.
2. Permitted Subject to Special Use Standards. Uses listed as "Permitted Subject to Special
Use Standards (S)" are allowed, provided they conform to subsection 18.3.5.050.13 and
chapter 18.2.3 Special Use Standards.
3. Conditional Uses. Uses listed as "Conditional Use Permit Required (C)" are allowed
subject to the requirements of chapter 18.5.4 Conditional Use Permits.
4. Prohibited Uses. Uses not listed in Table 18.3.5.050, and not found to be similar to an
allowed use following the procedures of section 18.1.5.040 Similar Uses, are prohibited.
GB.Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones,
additional land use standards or use restrictions apply within overlay zones. An overlay zone may
also provide for exceptions to some standards of the underlying zone. For regulations applyin to
940
the City's overlays zoneCf please refer to part 18.3.
C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another,
in the same structure or on the same site, provided all applicable development standards and
Ordinance No. Page 18 of 32
building code requirements are met.
i
Ordinance No. Page 19 of 32
Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed by Zone12
North Mountain Neighborhood Zones13
NM-R-1-7.5 NM-R-1-5 NM-MF NM-C NM-Civic
A. Residential
Residential Uses, subject to density P P P P N
requirements in Table 18.3.5.050
Accessory Residential Units, see Sec. P or S P or S NP or S P N
18.2.3.040
Cottage Housing S S N N N
Home Occupations P P P P N
Agricultural Uses, except Keeping of P P P P S
Livestock
Keeping of Micro-Livestock and Bees S S S N S
Keeping of Livestock N N N N N
Marijuana Cultivation, Homegrown S S S S N
B. Public and Institutional Uses
Community Services N S N S P
Parks and Open Spaces P P P P P
Public Parking Lots N N N CU N
Religious Institution, Houses of Worship N N N S N
Utility and Service Building, Public and
Quasi-Public, excluding outdoor storage N N N S N
and electrical substations
B. Commercial
Neighborhood Clinics N N N S N
Neighborhood Oriented Retail Sales, N N N S N
Services, and Restaurants
Offices, Professional N N N S N
Temporary uses N N N CU N
C. Industrial
Manufacturing, Light N N N S N
12 Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
13 Zones: NC = Neighborhood Commercial, MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial; OS = Open
Space.
Ordinance No. Page 20 of 32
D. Special Use Standards. The uses listed as "Permitted with Special Use Standards (S)" in
Table 18.3.5.050, above, are allowed provided they conform to the requirements of this
section and the requirements of chapter 18.5.2 Site Design Review.
1. Accessory Residential Units. Subject to the standards in section 18.2.3.040. Ar.Gessery residential units are not subjeGt to the density requirements of the
• zone and are not inrluded in the base density GaIGUIatio
b. One aGressor-y residential unit is allowed per f and the maximum number-Gf
dwelling units must net evreed two per lot
ra. The proposal must comply with the 10t Goverage and setbaGk requirement
the under-Y - gene
unmt must not eXGeed 60 perGent of the GHFA of the primary residenGe on the
lot and must not evreed 760 square feet (`HF vrent that sernnd s
~ e~.evc.-p~crru~ r. ~v a
must net evreed 600 square feet GHFA '
e. Additional parking shall be provided in GonformanGe with the off street pa
for single-family dwellings in section 18.4.3.040-.
2. Agricultural Uses. In the NM-Civic zone, agriculture may include community garden
space.
3. Keeping of Micro-Livestock and Bees. Subject to the standards in section 18.2.3.160.
4. Marijuana Cultivation, Homegrown. Subject to the standards in subsection 18.2.3.190.A.
5. Community Services.
a. In the NM-R-1-5 zone, each building maybe up to a maximum of 2,500 square feet
of gross floor area.
b. In the NM-C zone, each building may be up to a maximum of 3,500 square feet of
gross floor area.
6. Manufacturing, Light.
a. The light manufacturing use shall occupy 600 square feet or less.
b. The light manufacturing use shall be contiguous to the permitted retail outlet that
operates in conjunction with and sells the manufactured items produced by the light
manufacturing use.
7. Neighborhood Clinics. Each building may be up to a maximum of 3,500 square feet of
gross floor area.
8. Neighborhood Oriented Retail Sales Services, and Restaurants. Each building may be
up to a maximum of 3,500 square feet of gross floor area.
9. Offices, Professional. Each building may be up to a maximum of 3,500 square feet of
gross floor area.
10. Religious Institution, Houses of Worship. The same use cannot be located on a
Ordinance No. Page 21 of 32
contiguous property, and there must be no more than two such uses in a given zone.
11. Utility and Service Building, Public and Quasi-Public. Each building may be up to a
maximum of 3,500 square feet of gross floor area.
SECTION 7. Section 18.3,9.050(A) [Performance Standards Option and PSO Overlay -
Performance Standards for Residential Developments] of the Ashland Land Use Ordinance is
hereby amended as follows:
A. Base Densities. The density of the development 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. Fractional portions of
the final answer, after bonus point calculations, shall not apply towards the total density.
Accessory residential units are not required to meet the density requirements of this
chapter in accordance with section 18.2.3.040.
SECTION 8. Section 18.4.2.030(13) [Building Placement, Orientation, and Design - Residential
Development] of the Ashland Land Use Ordinance is hereby amended as follows:
B. Applicability. Except as otherwise required by an overlay zone or plan district, the following
standards apply to residential development pursuant to section 18.5.2.020. See conceptual
site plan of multi-family development in Figure 18.4.2.030.
1. Accessory Residential Units. Unless exempted from Site Design Review in
18.2.3.040.A, only the following standards in Chapter 18.4.2 apply to accessory
residential units: building orientation requirements in 18.4.2.030.C, garage
requirements in 18.4.2.030.D, and building materials in 18.4.2.030.E. If an
accessory residential unit is located in the Historic District overlay, the standards
in 18.4.2.050 also apply. See the Special Use Standards for accessory residential
units in section 18.2.3.040.
SECTION 9. Section 18.4.3.040 [Parking, Access, and Circulation - Parking Ratios] of the
Ashland Land Use Ordinance is hereby amended as follows:
18.4.3.040 Parking Ratios
Except as provided by section 18.4.3.030, the standard ratios required for automobile parking
are as follows. See also, accessible parking space requirements in section 18.4.3.050.
Table 18.4.3.040 - Automobile Parking Spaces by Use
Use Categories Minimum Parking per Land Use
(Based on Gross Floor Area; factions are rounded to whole number.)
Residential Categories
Single_f€amily Dwellings 2 spaces for the primary detached dwelling units-and the following
Ordinance No. Page 22 of 32
Table 18.4.3.040 - Automobile Parking Spaces by Use
Use Categories Minimum Parking per Land Use
(Based on Gross Floor Area; fractions are rounded to whole number.)
rcc~r me" jentoal units attached dwelling units.
for aoro~° , .
a. Studio units or 1-bedroom units less than 500 sq. ft. -1
space/unit.
b. 1-bedroom units 500 sq. ft. or larger- 1.50 spaces/unit.
c. 2-bedroom units - 1.75 spaces/unit.
d. 3-bedroom or greater units 2.00 spaces/unit.
a. Units less than 800 sq. ft.- 1 space/unit, except. as
exempted in subsection 18.2.3.040.A.
Accessory Residential Units b. Units greater than 800 sq. ft. and up to 1,000 sq. ft. - 2.00
spaces/unit.
a. Studio units or 1-bedroom units less than 500 sq. ft. 1
space/unit.
b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit.
Multi family Dwellings c. 2-bedroom units 1.75 spaces/unit.
d. 3-bedroom or greater units 2.00 spaces/unit.
e. Retirement complexes for seniors 55-years or greater One
space per unit.
a. Units less than 800 sq. ft. 1 space/unit.
b. Units greater than 800 square fe`tsg. ft. and less than 1000
square f`etsg. ft. 1.5 spaces/unit.
Cottage Housing C. Units greater than 1000 s^~~~sg. ft. 2.00 spaces/unit.
d. Retirement complexes for seniors 55-years or greater One
space per unit.
Parking for Manufactured Home on Single-Family Lot is same as
Manufactured Housing Single Family Dwelling; for Manufactured Housing Developments,
see sections 18.2.3.170 and 18.2.3.180.
Performance Standards See chapter 18.3.9.
Developments
Commercial Categories
1 space per 1,000 square feetsg. ft. of the first 10,000 square
`ne*
Auto, boat or trailer sales, sg ft of gross land area; plus 1 space per 5,000 cn~ ~rorn-f.eetsg
retail nurseries and other ft. for the excess over 10,000 square fee<sg. ft. of gross land area;
open-space uses and 1 space per 2 employees.
3 spaces per alley, plus 1 space for auxiliary activities set forth in this
Bowling Alleys section.
Chapels and Mortuaries 1 space per 4 fixed seats in the main chapel.
1 space per guest room, plus 1 space for the owner or manager; see
Hotels also, requirements for associated uses, such as restaurants,
entertainment uses, drinking establishments, assembly facilities.
Ordinance No. Page 23 of 32
Table 18.4.3.040 - Automobile Parking Spaces by Use
Minimum Parking per Land Use
Use Categories
(Based on Gross Floor Area; fractions are rounded to whole number.)
Offices General Office: 1 space per 500 sq. ft. floor area.
Medical/Dental Office: 1 space per 350 sq. ft. floor area.
Restaurants, Bars, Ice Cream 1 space per 4 seats or 1 space per 100 sq. ft. of gross floor area,
Parlors, Similar Uses whichever is less.
Retail Sales and Services General: 1 space per 350 sq. ft. floor area.
Furniture and Appliances: 1 space per 750 s q. ft. floor area.
Skating Rinks 1 space per 350 sq. ft. of gross floor area.
Theaters, Auditoriums,
Stadiums, Gymnasiums and 1 space per 4 seats.
Similar Uses
Travelers' Accommodations 1 space per guest room, plus 2 spaces for the owner or manager.
Industrial Categories
Industrial, Manufacturing and 1 space per 1,000 sq. ft. of gross floor area, or 1 space for each 2
Production, Warehousing and employees whichever is less, plus 1 space per company vehicle.
Freight
Institutional and Public
Categories
Aircraft Hangar - Ashland One space per hangar or one space per four aircraft occupying a
Municipal Airport hangar, whichever is greater. Parking spaces shall be provided within
the hangar or within designated vehicle parking areas identified in the
adopted Ashland Municipal Airport Master Plan.
Clubs, Fraternity and Sorority 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall be
Houses; Rooming and equivalent to a guest room.
Boarding Houses; Dormitories
Daycare 1 space per two employees; a minimum of 2 spaces is required.
Golf Courses Regular: 8 spaces per hole, plus additional spaces for auxiliary uses.
Miniature: 4 spaces per hole.
Hospital 2 space per patient bed.
Nursing and Convalescent 1 space per 3 patient beds.
Homes
Public Assembly 1 space per 4 seats
Religious Institutions and 1 space per 4 seats.
Houses of Worship
Rest Homes, Homes for the 1 space per 2 patient beds or 1 space per apartment unit.
Aged, or Assisted Living
Schools Elementary and Junior High: 1.5 spaces per classroom, or 1 space
per 75 sq. ft. of public assembly area, whichever is greater
High Schools: 1.5 spaces per classroom, plus 1 space per 10
students the school is designed to accommodate; or the
requirements for public assembly area, whichever is greater
Colleges, Universities and Trade Schools: 1.5 spaces per classroom,
plus 1 space per five students the school is designed to
accommodate, plus requirements for on-campus student housing.
Other Categories
Temporary Uses Parking standards for temporary uses are the same as for primary
Ordinance No. Page 24 of 32
Table 18.4.3.040 - Automobile Parking Spaces by Use
Use Categories Minimum Parking per Land Use
(Based on Gross Floor Area; fractions are rounded to whole number.)
uses, except that the City decision-making body may reduce or waive
certain development and designs standards for temporary uses.
SECTION 10. Section 18.4.3.060 [Parking, Access, and Circulation - Parking Management
Strategies] of the Ashland Land Use Ordinance is hereby amended as follows:
18.4.3.060 Parking Management Strategies
Except for single-family dwellings, the off-street parking spaces may be reduced through the
application of the following credits. The total maximum reduction in off-street parking spaces is
50 percent, except as allowed for Off-Site Shared Parking credits in subsection 18.4.3.060.E,
below. The approval authority shall have the discretion to adjust the proposed off-street
parking reduction based upon site specific evidence and testimony, and may require a
parking analysis prepared by a qualified professional. See 18.4.3.030.A.3 for parking analysis
requirements
SECTION 1I. Section 18.4.3.080(D), (E) and (F) [Parking, Access, and Circulation - Vehicle
Area Design] of the Ashland Land Use Ordinance is hereby amended as follows:
D. Driveways and Turn-Around Design. Driveways and turn-arounds providing access to parking
areas shall conform to the following provisions.
1. A driveway for a single dwelling shall be minimum of nine feet in width, and a shared
driveway serving two units shall be a minimum of 12 feet in width, except that driveways
over 50 feet in length or serve a flag lot shall meet the width and design requirements of
section 18.5.3.060. Accessory residential units are exempt from the requirements
of this subsection.
2. Parking areas of seven or fewer spaces shall be served by a driveway 12 feet in width.
Accessory residential units are exempt from the requirements of this subsection.
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; be clearly and permanently marked and defined; and
provide adequate aisles or turn-around areas so that all vehicles may enter the street in
a forward manner.
4. The width of driveways and curb cuts in the parkrow and sidewalk area shall be
minimized.
5. For single-family lots and multi-family developments, the number of driveway
approaches and curb cuts shall not exceed one approach/curb cut per street frontage.
For large multi-family developments and other uses, the number of approaches and curb
cuts shall be minimized where feasible to address traffic safety or operations concerns.
Ordinance No. Page 25 of 32
6. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a
minimum vertical clearance of 13.5 feet for their entire length and width. Parking
structures are exempt from this requirement.
7. Vision Clearance. No obstructions may be placed in the vision clearance area except as
set forth in section 18.2.4.040.
8. Grades for new driveways in all zones shall not exceed 20 percent for any portion of the
driveway. If required by the City, the developer or owner shall provide certification of
driveway grade by a licensed land surveyor.
9. All driveways shall be installed pursuant to City standards prior to issuance of a
certificate of occupancy for new construction.
10. Driveways for lots created or modified through a land division or property line
adjustment, including those for flag lots, shall conform to the requirements of chapter
18.5.3 Land Divisions and Property Line Adjustments.
E. Parking and Access Construction. The development and maintenance as provided below,
shall apply in all cases, except single-family dwellings and accessory residential units.
1. Paving. All required parking areas, aisles, turn-arounds, and driveways shall be paved
with concrete, asphaltic, porous solid surface, 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 a parking facility is adjacent to a street, a decorative masonry wall or
evergreen hedge screen between 30 and 42 inches in height and a minimum of 12
inches in width shall be established parallel to and not nearer than two feet from the
right-of-way line, pursuant to the following requirements.
i. The area between the wall or hedge and street line shall be landscaped.
ii. Screen planting shall be of such size and number to provide the required
screening within 12 months of installation.
iii. All vegetation shall be adequately maintained by a permanent irrigation system,
and said wall or hedge shall be maintained in good condition.
Ordinance No. Page 26 of 32
II
iv. Notwithstanding the above standards, the required wall or screening shall be
designed to allow access to the site and sidewalk by pedestrians and shall meet
the vision clearance area requirements in section 18.2.4.040.
b. In all zones, except single-family zones, where a parking facility or driveway is
adjacent to a residential or agricultural zone, school yard, or like institution, a sight-
obscuring fence, wall, or evergreen hedge shall be provided, pursuant to the
following requirements.
i. The fence, wall or hedge shall be placed on the property line and shall be
between five feet and six feet in height as measured from the high grade side of
the property line, except that the height shall be reduced to 30 inches within a
required setback area and within ten feet of a street property line.
ii. Screen plantings shall be of such size and number to provide the required
screening within 12 months of installation.
iii. Adequate provisions shall be made to protect walls, fences, or plant materials
from being damaged by vehicles using said parking area.
iv. Notwithstanding the above standards, the required wall or screening shall be
designed to meet the vision clearance area requirements in section 18.2.4.040.
v. The fence, wall, or hedge shall be maintained in good condition.
7. Landscaping. In all zones, all parking facilities shall include landscaping to cover not less
than seven percent of the area devoted to outdoor parking facilities, including the
landscaping required in subsection 18.4.3.080.E.6, above. Said landscaping shall be
uniformly distributed throughout the parking area, and 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. Single-family dwellings and accessory residential units are exempt from
the requirements of this subsection.
8. Lighting. 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. Lighting shall comply with
section 18.4.4.050.
SECTION 12. Section 18.4.4.030(F)(2) [Landscaping, Lighting, and Screening - L] of the
Ashland Land Use Ordinance is hereby amended as follows:
F. Parking Lot Landscaping and Screening. Parking lot landscaping, including areas of
vehicle maneuvering, parking, and loading, shall meet the following requirements.
Single-family dwellings and accessory residential units are exempt from the
requirements of subsection 18.4.4.030.F.2, below.
1. Landscaping.
a. Parking lot landscaping shall consist of a minimum of seven percent of the total
Ordinance No. Page 27 of 32
parking area plus a ratio of one tree for each seven parking spaces to create a
canopy effect.
b. The tree species shall be an appropriate large canopied shade tree and shall be
selected from the street tree list approved by the Ashland Tree Commission to
avoid root damage to pavement and utilities, and damage from droppings to
parked cars and pedestrians. See the Ashland Recommended Street Tree
Guide.
c. The tree shall be planted in a landscaped area such that the tree bole is at least
two feet from any curb or paved area.
d. The landscaped area shall be distributed throughout the parking area and
parking perimeter at the required ratio.
e. That portion of a required landscaped yard, buffer strip, or screening strip
abutting parking stalls may be counted toward required parking lot landscaping
but only for those stalls abutting landscaping as long as the tree species, living
plant material coverage, and placement distribution criteria are also met. Front or
exterior yard landscaping may not be substituted for the interior landscaping
required for interior parking stalls.
2. Screening.
a. Screening Abutting Property Lines. A five foot landscaped strip shall screen
parking abutting a property line. Where a buffer between zones is required, the
screening shall be incorporated into the required buffer strip, and will not be an
additional requirement.
b. Screening Adjacent to Residential Building. Where a parking area is adjacent to
a residential building it shall be setback at least eight feet from the building, and
shall provide a continuous hedge screen.
c. Screening at Required Yards.
i. Parking abutting a required landscaped front yard or exterior yard shall
incorporate a sight obstructing hedge screen into the required landscaped
yard.
ii. The screen shall grow to be at least 36 inches higher than the finished grade
of the parking area, except within vision clearance areas, section 18.2.4.050.
iii. The screen height may be achieved by a combination of earth mounding
and plant materials.
iv. Elevated parking lots shall screen both the parking and the retaining walls.
SECTION 13. Section 18.4.4.030(G)(4) [Landscaping, Lighting, and Screening - Landscaping
and Screening] of the Ashland Land Use Ordinance is hereby amended as follows:
4. Mechanical Equipment. Mechanical equipment shall be screened by placement of
features at least equal in height to the equipment to limit view from public rights-of-way,
Ordinance No. Page 28 of 32
except alleys, and adjacent residentially zoned property. Mechanical equipment meeting
the requirements of this section satisfy the screening requirements in 18.5.2.020.C.34.
a. Roof-mounted Equipment. Screening for roof-mounted equipment shall be
constructed of materials used in the building's exterior construction and include
features such as a parapet, wall, or other sight-blocking features. Roof-mounted
solar collection devices are exempt from this requirement pursuant to subsection
18.5.2.020.C.34.
b. Other Mechanical Equipment. Screening for other mechanical equipment (e.g.,
installed at ground level) include features such as a solid wood fence, masonry wall,
or hedge screen.
SECTION 14. Section 18.4.9.040(C) [Disc Antennas - Development Standards] of the Ashland
Land Use Ordinance is hereby amended as follows:
C. No more than one disc antenna shall be permitted on each lot, except three or fewer
parabolic disc antennas, each under one meter in diameter, are permitted on any one lot in
accordance with 18.5.2.020.C.34.b.
SECTION 15. Section 18.5.2.020 (B) and (C) [Site Design Review - Applicability] of the
Ashland Land Use Ordinance is hereby amended as follows:
B. Residential Uses. Site Design Review applies to the following types of residential uses and
project proposals, pursuant to section 18.5.2.030 Review Procedures.
1. Two or more dwelling units on a lot in any zoning district, including the addition of an
accessory residential unit; on a lot in ^^I - d*strm unless exempt from Site
Design Review per subsection 18.2.3.040.A..
2. Construction of attached (common wall) single-family dwellings (e.g., townhomes,
condominiums, rowhouses) in any zoning district.
3. Any exterior change, including installation of Public Art, to a structure individually listed
on the National Register of Historic Places that requires a building permit.
4. Any change to off-street parking or landscaping in a residential development where such
parking or landscaping is provided in common area (e.g., shared parking) and is
approved pursuant to chapter 18.3.9 Performance Standards Option.
5. Any change in use that requires a greater number of parking spaces.
6. Installation of mechanical equipment not fully enclosed in a structure and not otherwise
exempt from Site Design Review per subsection 18.5.2.020.C.
7. Installation of wireless communication facilities (e.g., accessory to a residential use), in
accordance with section 18.4.10.
C. Exempt From Site Design Review. The following types of uses and projects are exempt
from Site Design Review, but are Fequired to Gomply with the appli(;able provisions of
part 18.4 Site Development and Design StandaFds.
Ordinance No. Page 29 of 32
1. Detached single-family dwellings and associated accessory structures and uses„
°^°^t that ° residential , nits . e Sate Design Review PUFsuant to
sentinn 18.2.3.040.
2. Accessory residential units meeting the requirements of subsection 18.2.3.040.A.
32. Land divisions and property line adjustments, which are subject to review under chapter
18.5.3.
43. The following mechanical equipment,
a. Private, non-commercial radio and television antennas not exceeding a height of 70
feet above grade or 30 feet above an existing structure, whichever height is greater,
and provided no part of such antenna shall be within the setback yards required by
this ordinance. A building permit shall be required for any antenna mast or tower
over 50 feet above grade or 30 feet above an existing structure when the same is
constructed on the roof of the structure,
b. Not more than three parabolic disc antennas, each under one meter in diameter, on
any one lot or dwelling unit,
c. Roof-mounted solar collection devices in all zones, with the exception of E-1 and C-1
zoned properties located within designated historic districts. The devices shall
comply with solar setback standards described in chapter 18.4.8 and the height
standards of the respective zoning district.
d. Roof-mounted solar collection devices on E-1 and C-1 zoned properties located
within designated historic districts if the footprint of the structure is not increased, the
plane of the system is parallel to the slope of the roof and does not extend above the
peak height of the roof or existing parapets, or is otherwise not visible from a public
right-of-way. The devices shall comply with solar setback standards described in
chapter 18.4.8 and height requirements of the respective zoning district.
e. Installation of mechanical equipment other than those exempted in 18.5.2.020.C.34,
subsections a - d, above, and which is not visible from a public right-of-way, except
alleys, or adjacent residentially zoned property and consistent with other provisions
of this ordinance, including solar access in chapter 18.4.8, and noise and setback
requirements of subsection 18.2.4.020.B. See also, screening standards for
mechanical equipment in subsection 18.4.4.030.6.4.
f. Routine maintenance and replacement of existing mechanical equipment in all
zones.
SECTION 16. Section 18.6.1.030 [Definitions] of the Ashland Land Use Ordinance is hereby
amended as follows:
Accessory Use. A use or activity that is subordinate to a primary use and that is clearly
incidental to the primary use on a site. See also, definition of Primarv Use.
Dwelling. A structure conforming to the definition of a dwelling under applicable building codes
and providing complete, independent living facilities for one family, including permanent
provisions for living, sleeping, eating, cooking, and sanitation. Buildings with more than one
set of cooking facilities are considered to contain multiple dwelling units or accessory
Ordinance No. Page 30 of 32
dwelling units, as applicable, unless the additional cooking facilities are clearly accessory to
the primary use, such as an outdoor grill or wet bar. For the purposes of this ordinance, the
following types of dwelling units are defined:
- Accessory Residential Unit. A secondary dwelling unit on a lot where the primary use is
a single-family dwelling, either attached to a single-family dwelling, within a portion of
an existing single-family dwelling (i.e. conversion of gross floor area within the
primary residence), or in a detached building located on the same lot, and having an
independent means of access (i.e., door).
- Duplex Dwelling. A structure that contains two dwelling units located on one lot. The
units must share a common wall or common floor/ceiling.
- Manufactured Home. A structure constructed for movement on the public highways that
has sleeping, cooking, and plumbing facilities, that is intended for human occupancy,
that is being used for residential purposes, and that was constructed in accordance with
federal manufactured housing construction and safety standards and regulations in
effect at the time of construction.
- Mobile Home. A structure constructed for movement on the public highways that has
sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is
being used for residential purposes, and that was constructed between January 1, 1962,
and June 15, 1976, and met the construction requirements of Oregon mobile home law
in effect at the time of construction.
- Multifamily Dwelling. A dwelling in a structure or grouping of structures containing two or
more dwelling units located on one lot.
- Senior Housing. Housing designated and/or managed for persons over a specified age.
Specific age restrictions vary, and uses may include assisted living facilities, retirement
homes, convalescent or nursing homes, and similar uses not otherwise classified as
Residential Homes or Residential Facilities.
- Single-Family Dwelling. A detached or attached structure containing one dwelling unit
located on its own lot.
Parking Area or Lot. Any area inside, under, or outside of a building or structure,
designed and used for parking motor vehicles, including parking lots, garages, or
structures.
- Private Parking Area or Lot. A parking area for the exclusive use of the owners of
the lot on which the parking area is located or whomever else they permit to use
the parking area.
- Public Parking Area or Lot. A parking area available to the public, with or without
payment of a fee.
Primary Use. An activity or combination of activities of chief importance on the site. One of the
main purposes for which the land or structures are intended, designed, or ordinarily used. A
site may have more than one primary use. See also, definition of Accessory Use.
Ordinance No. Page 31 of 32
Retail Sales and Services. Retail sales and service uses sell, lease, or rent new or used
products, goods, or services. They include services such as a beauty salon, barber,
repair service, and similar uses.
SECTION 17. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
said ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 18. 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 19. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) 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 I11 ' day of 2018,
and duly PASSED and ADOPTED this j all- day of 2018.
Melissa uhtala, City Recorder
SIGNED and APPROVED this SO day of, 2018.
Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 32 of 32
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
July 17, 2018
In the Matter of Amendments to the Ashland Municipal )
Code Title 18 Land Use to accessory residential unit ) FINIDNGS OF FACTAND
requirements and miscellaneous edits for clarity and ) CONCLUSIONS OF LAW
consistency. )
PURPOSE:
In an effort to address the rental housing supply and supply of studio and one-bedroom
units, the purpose of the ordinance amendments is: 1) to provide an incentive for the
development of accessory residential units (ARUs) in single-family zones that are less
than 500 square feet in size and located within or attached to a single-family dwelling by
providing a streamlined approval process, 2) to improve the approval process for ARUs
by eliminating additional multi-family landscaping and open space requirements and
reducing off-street parking requirements, 3) to improve the approval process for ARUs
located in the Rural Residential zone by eliminating street and slope requirements, and 4)
to reduce repetitive language, correct inadvertent omissions, provide clarification and
consistency and define terms by making minor edits and corrections to the ordinance.
PUBLIC HEARINGS:
A Public Hearing was held at the Planning Commission on April 24, 2018 and at the City
Council on June 19, 2018.
Newspaper notices were published in accordance with AMC 18.5.1.070.D.3 in the
Ashland Daily Tidings on April 14, 2018 prior to the Planning Commission public
hearing and on April 24, 2018 and on June 8, 2018 prior to the City Council public
hearing and first reading of the ordinances on June 19, 2018. Notice was also sent to the
Oregon Department of Land Conservation and Development on September 25, 2017.
REVIEW CRITERIA
The decision of the City Council together with the recommendation by the Planning
Commission was based on consideration and findings of consistency with the following
factors.
A. Consistency with City of Ashland Requirements for Legislative Amendments in
AMC 18.5.9.020.13
B. Consistency with City of Ashland Comprehensive Plan and other applicable City
of Ashland Goals and Policies
C. Consistency with Oregon land use laws, regulations including Oregon Senate Bill
1051 and the Regional Plan
EVALUATION AND COUNCIL FINDINGS:
Findings of Fact and Conclusions of Law Page 1
The ordinance amendments create a streamlined approval process for ARUs that are less than
500 square feet in size and located within or attached to a single-family home. The
amendments exempt qualifying ARUs from the planning application requirement and allow a
property owner to obtain a building permit to convert existing floor area or construct an ARU
attached to a home. The streamlined approval process is allowed in the R-1, R-1-3.5, RR, NN
and NM zones. The ARUs could be built as part of new construction or added to a primary
residence at a later date. While the primary residence is required to have two off-street
parking spaces, off-street parking would not be required for the ARU if on-street parking is
available within 200 feet of the property. Existing requirements for ARUs would continue to
apply including the ARU size is limited to half the size of the primary residence and the
structures and site have to meet the setbacks and lot coverage for the zone.
The amendments also include a change in the off-street parking requirement for ARUs,
exemptions from multi-family site design standards and changes to the requirements for
ARUs in the Rural Residential (RR) zone. The proposal is to require one parking space for
ARUs up to 800 square feet in size instead of the current requirement of one space required
for ARUs up to 500 square feet in size. This off-street parking requirement is the same as the
recently adopted cottage housing off-street parking requirement. Additionally, ARUs are
exempted from the multi-family landscaping and open space requirements. Finally, two
requirements for ARUs in the Rural Residential (RR) zone are deleted including the
prohibition of ARUs on hillside lands (i.e., 25 percent slope and greater) and a location on an
improved city street that is at least 20 feet in paved width with curbs, gutters and sidewalks.
The ordinance amendments also include miscellaneous edits for clarity and consistency. The
miscellaneous edits involve changes to the ordinance to remove repetitive language, correct
omissions from the 2015 code update, provide clarification to existing sections and define
terms that are currently used in the code. The meeting materials from the June 19, 2018 City
Council Business Meeting include a list of the housekeeping amendments and staff notes in
the draft ordinance explaining the housekeeping amendments.
A. Consistency with City of Ashland Requirements for Legislative Amendments in AMC
18.5.9.020.B.
B. Type III. It may be necessary from time to time to make legislative amendments in
order to conform with the Comprehensive Plan or to meet other changes in
circumstances or conditions. The Type III procedure applies to the creation, revision,
or large-scale implementation of public policy requiring City Council approval and
enactment of an ordinance; this includes adoption of regulations, zone changes for
large areas, zone changes requiring comprehensive plan amendment,
comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for
annexation information), and urban growth boundary amendments. 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
where minor amendments or corrections may be processed through the Type II
Findings of Fact and Conclusions of Law Page 2
procedure pursuant to subsection 18.5.9.020.A, above.
2. Comprehensive Plan changes, including text and map changes or changes to
other official maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments.
AMC 18.5.9.020.13 permits legislative amendments to meet changes in circumstances and
conditions. The City Council finds it is necessary to amend the ARU requirements to
encourage the development of small units less than 500 square feet in size, to address the
rental housing supply and low vacancy rates for rental housing, to encourage the
development of studio and one-bedroom dwelling units to provide for Ashland's
substantial portion of single-person occupied households, and to respond to changes in
the housing supply, in part affected by the lack of construction of housing units during
the recession.
The City Council identified the need to provide incentives to create affordable and
workforce housing in the 2015-2017 Council Goals and Objectives. Local newspapers
reported vacancy rates in rental housing below two percent for the Rogue Valley
("Merkley: Oregon is in a Housing Crisis," March 30, 2016, The Medford Mail Tribune;
"Rogue Valley's Top 10 Stories", December 31, 2017, The Medford Mail Tribune). Also
reported at the end of 2017, were tenants reporting rent increases up to 40 percent.
The 2016 American Community Survey shows that 39.4 percent of Ashland households
are single-person occupied compared to 27.8 percent of Oregon households, and 44.8
percent of single-person households in Ashland are renter-occupied compared to 36
percent Oregon households. In addition, Ashland's average household size was 2.03
persons per household in the 2010 Census, compared to 2.47 people per household in
Oregon.
The Oregon Legislature passed Senate Bill 1051 in 2017 which includes a requirement
that cities with populations greater than 2,500 and counties with populations greater than
15,000 allow at least one accessory dwelling unit for each detached single-family
dwelling in single-family zones subject to reasonable local regulations relating to siting
and design. The purpose of the legislation was to address the statewide need for
affordable housing because of increasing population, increasing housing prices outpacing
employment and wage growth, and insufficient housing supply impacted by less building
during the recession.
The City Council finds the amendments to the land use ordinance for ARUs are necessary
to respond to recent changes to the rental housing supply including limited availability as
indicated by low vacancy rates and increased prices. In addition, the amendments are
intended to encourage the development of studio and one-bedroom dwelling units to
provide for Ashland's substantial portion of single-person households in Ashland that
require rental housing. Finally, the Council finds that ARUs can be an economical way to
add rental units to the housing supply and at the same time, provide a compatible type of
development in existing and new single-family neighborhoods. The City Council finds
Findings of Fact and Conclusions of Law Page 3
I
that the ordinance amendments are consistent with the requirements for Legislative
Amendments in AMC 18.5.9.020.B.
B. Consistency with the Ashland Comprehensive Plan and other applicable City of
Ashland Goals and Policies
The ordinance amendments are consistent with the goals and policies in the Ashland
Comprehensive Plan. The Ashland Comprehensive Plan includes a housing goal to
"Ensure a variety of dwelling types and provide housing opportunities for the total cross-
section of Ashland's population, consistent with preserving the character and
appearance of the city." As stated previously, the revisions are intended to address the
rental housing supply and encourage the development of studio and one-bedroom units
for Ashland's significant share of single person and small households.
The 2015-2017 Council Goals and Objectives identified a goal of seeking opportunities
to enable all citizens to meet basic needs (Goal 5) and an objective to pursue affordable
housing opportunities, especially workforce housing and identify specific incentives for
developers to build more affordable housing (Objective 5.2).
The 2012 Ashland Housing Analysis identified a deficit in rental housing for extremely-
low income (less than 30 percent of area median income) and low-income households
(between 30 and 50 percent of area median income) and recommended more rental studio
and one-bedroom units.
The City Council finds that the ordinance amendments are consistent with and implement
applicable Ashland Comprehensive Plan Goals and Policies and other applicable City of
Ashland Goals and Policies.
The miscellaneous amendments for clarity and consistency involve changes to the land
use ordinance to remove repetitive language, correct omissions from the 2015 code
update, provide clarification to existing sections and define terms that are currently used
in the code. The City Council finds that the miscellaneous amendments are not
substantive in nature because the changes are either intended to make the existing
wording more clear or are items that were inadvertently repeated or deleted in the 2015
code update.
C. Consistency with Oregon land use laws and regulations including specifically Oregon
Statewide Planning Goal 10 and with the Regional Plan
Statewide Planning Goal 10 requires cities to inventory and plan for buildable lands for
residential use to provide for adequate numbers of needed housing units at price ranges
and rent levels which are commensurate with the financial capabilities of Oregon
households and to allow for flexibility of housing location, type and density.
In 2017, the Oregon Legislature passed Senate Bill 1051 which included a provision that
requires cities and counties to allow at least one accessory dwelling unit per lot in areas
Findings of Fact and Conclusions of Law Page 4
zoned for detached single-family dwellings subject to reasonable local regulations
relating to siting and design. The new regulations become effective on July 1, 2018. See
Guidance on Implementing the Accessory Dwelling Units (ADU) Requirement tinder
Oregon Senate Bill 1051 by the Oregon Department of Land Conservation and
Development, March 2018.
While not all communities in Oregon allow ARUs, Ashland is in the 27th year of allowing
ARUs in single-family zones. Since Ashland began allowing ARUs in 1991, 191 units
have been approved at an average of seven ARUs approved a year. According to staff 7s
research, 79 ARUs have been approved in the last ten years (2007 - 2017) and 41 of
those units, or 52 percent, were less than 500 square feet in size.
The ordinance amendments are intended to streamline and improve the City's existing
approval process for ARUs to further encourage the development of small second
residential units in single-family zones. The Council finds that the City's existing ARU
requirements and process complies with Senate Bill 1051 and has resulted in significant
ARU development given the population of Ashland and the annual rate of development.
The Council also finds that refining the existing requirements and streamlining the ARU
approval process to encourage ARU development addresses the accessory dwelling
requirement of Senate Bill 1051. The City Council finds that the ordinance amendments are
consistent with the applicable Statewide Planning Goals and Senate Bill 1051.
The City of Ashland participated in the regional planning process that resulted in the
adoption of the Greater Bear Creek Valley Regional Plan in 2012. Cities throughout the
region identified reserve areas to accommodate housing for future population growth.
The City of Ashland decided to accommodate housing for future population with the
Ashland's current boundaries rather than identify future growth areas on the perimeter of
the city. The City of Ashland committed to provided 6.6 units per gross acre for new
development as part of the regional planning process. The City Council finds that the
ordinance amendments are consistent the Greater Bear Creek Valley Regional Plan.
OVERALL COUNCIL CONCLUSIONS
The City Council finds and determines the approval criteria for this decision have been
fully met, based on the detailed findings set forth herein and the detailed findings and
analysis of the Planning Commission, together with all staff reports, addenda and
supporting materials in the whole record. Specifically, the Council finds that the
ordinance amendments are consistent with City of Ashland requirements for Legislative
Amendments in AMC 18.5.9.020.B. The Council finds that the amendments are
consistent with and implement applicable Ashland Comprehensive Plan Goals and
Policies and other City of Ashland Goals and Policies. The Council finds and determines
that the amendments are consistent Oregon land use laws and regulations including
Oregon Statewide Planning Goal 10 Housing and Senate Bill 1051 and with the Greater
Bear Creek Valley Regional Plan.
Findings of Fact and Conclusions of Law Page 5
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based
upon the evidence in the whole record, the City Council hereby APPROVES the
ADOPTION of the following amendments to the AMC Title 18 Land Use as reflected in
an ordinance amending chapters 18.2.2, 18.2.3, 18.3.4, 18.3.5, 18.3.9, 18.4.2, 18.4.3,
18.4.4, 18.4.9, 18.5.2 and 18.6.1 of the Ashland Land Use Ordinance relating to
accessory residential units and miscellaneous edits for clarity and consistency.
Ashland City Council Approval
J trombe , Mayor Date
Signature authorized and approved by the full Council this 17th day of July, 2018.
Attest:
Me issa Huhtala, City Recorder
Approved as to form:
avid Lohman, Ashland City Attorney Date
Findings of Fact and Conclusions of Law Page 6