HomeMy WebLinkAbout3167 Infill Strategy in the Transit Triangle
ORDINANCE NO.3167
AN ORDINANCE AMENDING CHAPTERS 18.2.1,
18.3.12,18.3.139 18.4.3 AND 18.6.1 OF THE ASHLAND LAND USE
ORDINANCE TO IMPLEMENT AN INFILL STRATEGY IN THE
TRANSIT TRIANGLE AND MISCELLANEOUS EDITS
FOR CLARITY AND CONSISTENCY
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined4hreugk 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 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, 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, according to figures released in January 2018 by the Southern Oregon Multiple
Listing Service, the median sales price for existing single-family residences in Ashland in 2017
was $421,500, which was a 7.5 percent gain over 2016. In contrast, the purchasing power of an
Ashland household of four earning the median income in 2017 was $217,950.
WHEREAS, Ashland households earning 120% of median income can afford $1,270 to $1,295
per month for housing costs. Workforce housing has come to be defined as housing targeted to
households who may earn too much to qualify for affordable housing subsidies but not enough to
afford a home or an apartment. The gap between earned income of people living and working in
a community and the housing costs tends to be intensified in high-cost housing areas. As a result,
affordable housing programs and providers generally consider workforce housing to be
households earning 80 to 120 percent of area median income. Given these parameters, 46 percent
of Ashland households can afford up to $875 a month for housing and an additional eight percent
can afford up to $1,250 a month on housing (2015 American Community Survey, U.S. Census).
WHEREAS, the rental housing market has experienced increased prices and shortages over the
last several years. Residential rental unit vacancy rates remain at one to two percent for the
region. A low vacancy rate for rental units is generally considered to be an indicator that there
are little to no available units for rent.
WHEREAS, 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 within the Ashland's current
boundaries rather than identify future growth areas on the perimeter of the city. Also as a part of
the regional planning process, the City of Ashland committed to provided 6.6 units per gross acre
for new development. Changes to the zoning and land use ordinance that encourage development
of residential units in the transit triangle can provide needed multi-family residential units to
contribute toward meeting the regional density target.
WHEREAS, the City Council determined it is necessary to amend the land use ordinance to
encourage the development of multifamily rental units in the area adjacent to the bus route to
respond to changes in the housing supply and to meet the target residential density in the Greater
Bear Creek Valley Regional Plan. Housing availability, diversity of housing types and housing
prices have been a concern in Ashland for some time. However, these concerns have been
intensified in the last several years throughout the region, state and west coast. Housing prices
including rents have continued to rise at a rapid rate. In addition, the supply of housing was
impacted by less construction during the recession. The changes in housing market and resulting
impacts on housing supply necessitate a change in the zoning and land use ordinance to allow the
diversification of the housing supply by providing an area to construct moderately priced
multifamily rental housing.; 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, the City of Ashland Planning Commission considered amending the land use
ordinance to implement an infrll strategy in the transit triangle and miscellaneous edits for clarity
and consistency and recommended the amendments to the Ashland Municipal Code and Land
Use Ordinances at a duly advertised public hearings on May 22, 2018, June 12, 2018 and July
24, 2018, following deliberations, recommended approval of the amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on September 18, 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 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 18.2.1.020 [Zoning Regulations and General Provisions - Zoning Map and
General Provisions] of the Ashland Land Use Ordinance is hereby amended as follows:
18.2.1.020 Zoning Map and Classification of Zones
For the purpose of this ordinance, the City is divided into zones designated and depicted on the Zoning
Map, pursuant to the Comprehensive Plan Map, and summarized in Table 18.2.1.020.
Table 18.2.1.020
Base Zones Overlay Zones
Residential - Woodland R Airport Overlay
Detail Site Review Overlay
Residential - Rural RR Downtown Design Standards Overlay
Residential - Single-Family (R-1-10, R-1-7.5, and R- Freeway Sign Overlay
1-5
Residential - Suburban R-1-3.5 Historic District Overlay
Residential - Low Density Multiple Family R-2 Pedestrian Place Overlay
Residential - High Density Multiple Family R-3 Performance Standards Options Overlay
Commercial (C-1) Physical and Environmental Constraints
Overlay
Commercial - Downtown C-1-D -Hillside Lands
Employment E-1 -Flood lain Corridor Lands
-Severe Constraints Lands
Industrial M-1 -Water Resources
-Wildfire Lands
Special Districts
Croman Mill District CM Residential Overlay
Transit Triangle Overlay
Health Care Services District HC
Normal Neighborhood District NN
Table 18.2.1.020
Base Zones Overla Zones
North Mountain Neighborhood District NM
Southern Oregon Universit District SOU
SECTION 2. Section 18.2.1.040 [Zoning Regulations and General Provisions - Applicability of
Zoning Regulations] of the Ashland Land Use Ordinance is hereby amended as follows:
18.2.1.040 Applicability of Zoning Regulations
Part 18.2 applies to properties with base zone, special district, and overlay zone designations,
as follows:
Table 18.2.1.040: Applicability of Standards to Zones, Plan Districts and Overlays
Designation Applicability
Base Zones
Residential - Woodland (WR) Chapter 18.2 Applies Directly
Residential - Rural (RR) Chapter 18.2 Applies Directly
Residential - Single-family (R-1-10, R-1-7.5, R-1-5) Chapter 18.2 Applies Directly
Residential - Suburban (R-1-3.5) Chapter 18.2 Applies Directly
Residential - Low Density Multiple Family (R-2) Chapter 18.2 Applies Directly
Residential - High Density Multiple Family (R-3) Chapter 18.2 Applies Directly
Commercial (C-1) Chapter 18.2 Applies Directly
Commercial - Downtown (C-1-D) Chapter 18.2 Applies Directly
Employment (E-1) Chapter 18.2 Applies Directly
Industrial M-1 Cha ter 18.2 Applies Directly
Special Districts
Croman Mill District Zone (CM) CM District Replaces chapter 18.2
Health Care Services Zone (HC)
Normal Neighborhood D8istrict (NN) NN District Replaces chapter 18.2
North Mountain Neighborhood (NM) NM District Replaces chapter 18.2
Southern Oregon University SOU
Overlay Zones
Airport Overlay Modifies chapter 18.2
Detail Site Review Overlay Modifies chapter 18.2
Downtown Design Standards Overlay Modifies chapter 18.2
Freeway Sign Overlay Modifies chapter 18.2
Historic Overlay Modifies chapter 18.2
Pedestrian Place Overlay Modifies chapter 18.2
Performance Standards Options Overlay Modifies chapter 18.2
Physical and Environmental Constraints Overlay Modifies chapter 18.2
Residential Overlay Modifies chapter 18.2
Transit Trion le Overlay Modifies chapter 18.2
SECTION 3. Section 18.2.2.030 [Base Zones and Allowed Uses - Allowed Uses] of the
Ashland Land Use Ordinance is hereby amended as follows:
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.
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.
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
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.
I. Disclaimer. Property owners are responsible for verifying whether a proposed use or
development meets the applicable standards of this ordinance.
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,
Livestock and Micro-Livestock, Homegrown Animal sales, feed yards, keeping
Marijuana Cultivation, and Marijuana P P P P P P N N N swine, commercial compost, or similar
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 P or N N N N Sec. 18.2.3.040 and Sec.
S S S 18.5.2.020.0.2
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.
:s Allowed by Zone
R-1 3.5 R-2 R-3 RR wR C-1 D E-1 M-1 Special Use Standards
ued)
ridual 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
Dwellings in Transit Triangle (TT)
N P P P N N S S N overlay, see chanter 18.3.14
Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
and 18.2.5.070
lion 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
;s Allowed by Zone
R-1 R-1 R-2 R-3 RR yyR C-1 & E-1 M-1 Special Use Standards
3.5 C-1-D
Uses
mbarium N N N N Cu N N N N
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
izatiom CU Cu CU CU CU CU P CU CU
N N N N N N Cu CU P
CU CU CU CU CU N N N N See chapter 18.3.3 Health Care
Services
mergency
excluding CU CU N N CU Cu P p P
N N N N CU N P P P
id Recreational
Is, trails, nature P P P P P P N N N
irts, swim pools,
N N N N N N P p P
N N N N N N N p p Not allowed within 200 ft of a
residential zone
of Worship CU Cu CU Cu CU [:2: Cu Cu CU
i and up) CU CU CU CU CU N N N
,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
Uses
and up) P P P P P Cu N N N
e/Technical N N N N N N N Cu P
Includes public service building,
rard and yard, and structures such as public
'ublic, Cu Cu N N Cu Cu P P P works yards
ns Yards not allowed in the RR, WR,
and C-1 zone
--ility Cu Cu Cu Cu Cu CU CUr CUr CUr Sec. 18.4.10
ncludes theater,
iniature golf, N N N N N N P Cu P
ses
Sec. 18.2.3.050
In C-1 zone, fuel sales and service is a
r, or Service; permitted use provided within the
vash, tire sales Freeway Overlay, see chapter 18.3.8;
ting, and other N N N N S or S or conditional use in locations outside of
cycles, aircraft, N N Cu Cu P 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
: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
rued)l
I, except within
:ludes N N N N N N CU Cu P Not allowed within Historic District
i trucks Overlay
modation (See CU+ CU+
ion) N N S S N N N N N Sec. 18.2.3.220
as Food N N N N N N P P P
ng, and Dyeing N N N N N N S S P Sec. 18.2.3.080
ides country
club, and tennis Cu CU N N CU Cu N N N
s such as
amusement park
Per Sec. 18.2.3.100, Drive-Up uses are
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
review for at least the first three years,
after which time the Planning
N N CU Cu N N CU* N N Commission may approve a permanent
facility through the Type II procedure
N N N N N N Cu Cu P
Clinic) N N N N N N S S Cu No animals kept outside within 200
feet of a residential zone
is Allowed by Zone
R-1 R-1 R-2 R-3 RR yyR C-1 & E-1 M-1 Special Use Standards
3.5 C-1-D
med)6
Sec. 18.2.2.210 for Retail Uses Allowed
in Railroad Historic District
ad Historic N CU CU CU N N N N N
les and Rental
pplies, or Heavy N N N N N N CU CU P
Per Sec. 18.2.3.190, marijuana retail
des sale of S or S or sales are limited to the C-1 and E-1
ri uana N N N N N N CU CU N zones and located on a boulevard or
I 200 feet or more from any residential
zone, see Sec 18.2.3.190.
N N N N N N S CU P Not allowed within the Historic District
Overlay unless located in C-1-D
N N CU CU N N P P P
lities or N N N N N N CU CU P
n allowed use
ccept Marijuana N N CU CU N N N N N
N N N N N N P P P
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)'
I
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
tcept Outdoor N N CS+ N N N P S S In E-1 zone, Retail limited to 20,000 sq
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
:nt Uses
In the E-1 zone, uses within 200 feet
shine Shop, and S or of a residential zone require CU
N N N N N N N P permit
Repairs Cu
Removal of
Dirty or Other N N N N CS+ N N N N Sec. 18.2.3.070
[ant N N N N N N N N CU,
m Allowed by Zone
R-1 8.6 R-2 R-3 RR wR C-1 D E-1 M-1 Special Use Standards
:nt Uses
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
previously prepared materials such
as cloth, plastic, paper, cotton, or
wood
3 saw, planning N N N N N N S P P
lants. In the C-1 zone, manufacture or
assembly of items sold in a permitted
use, provided such manufacturing or
assembly occupies 600 square feet
or less, and is contiguous to the
permitted retail outlet
:s Allowed by Zone
3.5 E-1 M-1 Special Use Standards
R-1 R-1 R-2 R-3 RR WR CC--11 -D &
Dnt Uses
lities or N N N N N N CU CU P
n allowed use
:asting Studio N N N N N N N P P
Deliveries and shipments limited to
7AM-9PM within 200 feet of a
residential zone
ibution, includes N N N N N N N S S
In E-1 and M-1 zones, marijuana
wholesale is subject to the special
use standards in Sec. 18.2.3.190
ink Yards N N N N N N N tCU
N N N N N N P Allowed from November 1 to January 1
CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.1-1
SECTION 4. Section 18.2.3.120 [Special Use Standards - Dwelling in Historic District
Overlay] of the Ashland Land Use Ordinance is hereby amended to read as follows:
18.2.3.120 Dwelling in Historic District Overlay
Dwellings in the Historic District Overlay subject to all of the following requirements.
A. Manufactured homes are prohibited.
B. Dwellings located in residential zones shall conform to the maximum permitted floor area
standards of section 18.2.5.070, except that dwellings exceeding the maximum permitted
floor area are allowed subject to approval of a Conditional Use Permit under chapter 18.5.4.
C. Notwithstanding the height standards of the R-1 zone, structures within the Historic Overlay
shall not exceed a height of 30 feet.
D. Retail commercial uses in a dwelling unit within the Railroad Historic Overlay are subject to
approval of a Conditional Use Permit under chapter 18.5.4 and shall conform to the
standards of section 18.2.3.210.
SECTION 5. Section 18.2.3.130 [Special Use Standards - Dwelling in Non-Residential Zone]
of the Ashland Land Use Ordinance is hereby amended as follows:
18.2.3.130 Dwelling in Non-Residential Zone
Where dwellings are allowed in non-residential zones, they are subject to all of the following
requirements.
A. Dwellings in the E-1 zone are limited to the R-overlay zone. See chapter 18.3.13 Residential
Overlay.
B. Dwellings in the E-1 and C-1 zones shall meet all of the following standards, except that
dwellings developed under the Transit Triangle (TT) overlay option are not subject to
subsection 18.2.3.130.8, below. See section 18.3.14.040 for the allowed uses in the TT
overlay.
1. Mixed-Use Developments. If there is one building on a site, ground floor residential
uses shall occupy not more than 35 percent of the gross floor area of the ground floor.
Where more than one building is located on a site, not more than 50 percent of the total
lot area shall be designated for residential uses. At least 65 percent of the gross floor
area of the ground floor shall be designated for permitted uses and uses
permitted with special use standards, not including residential uses.
2. Residential densities shall not exceed 15 dwelling units per acre in the E-1 zone, 30
dwelling units per acre in the C-1 zone, and 60 dwelling units per acre in the C-1-D zone.
For the purpose of density calculations, units of less than 500 square feet of gross
habitable floor area shall count as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the underlying zone.
4. Off-street parking is not required for residential uses in the C-1-D zone.
G Whpre the h of residential units exceeds ten, at least ten reent of the
'd t' I 't 11 h FF d hl F d ! d 'th
rpq thp ..standards of ___E._.. 18.2.5.959. The .._...1'_. of _nits equired to he affO.dabl
hall be nded down to the n eSt whole unit-.
SECTION 6. Section 18.2.5.070 [Standards for Residential Zones - Maximum Permitted
Residential Floor Area in Historic District] of the Ashland Land Use Ordinance is hereby
amended as follows:
18.2.5.070 Maximum Permitted Residential Floor Area in Historic District
A. Purpose. Section 18.2.5.070 regulates floor area of dwellings to promote compatible
building volume and scale in the Historic District.
B. Applicability. Within residential zones located in the Historic District Overlay, new
structures and additions shall conform to the maximum permitted floor area standards of this
section, except as provided by 18.2.5.070.C.
SECTION 7. Section 18.3.12.020 [Site Development and Design Overlays - Applicability] of
the Ashland Land Use Ordinance is hereby amended as follows:
Chapter 18.3. 12 - Site Development and Design Overlays
Sections
183.12.010 Purpose
183.12.020 Applicability
18.3.12.030 Detail Site Review Overlay
18.3.12.040 Downtown Design Standards Overlay
18.3.12.050 Historic District Overlay
18.3.12.060 Pedestrian Place Overlay
18.111070 Transit Triangle Overlay
18.3.12.010 Purpose
The Site Development and Design overlays provide special regulations and standards that
supplement the base zoning regulations which are implemented through Site Design Review.
18.3.12.020 Applicability
This chapter applies to the Detail Site Review, Downtown Design Standards, Historic District,
and-Pedestrian Place, and Transit Triangle overlays. Development located within these
overlays is required to meet all other applicable sections of this ordinance, except as modified
by this chapter. Where the provisions of this chapter conflict with comparable standards
described in any other ordinance or regulation, the provisions of this chapter apply.
SECTION 8. Section 18.3.12.060 [Site Development and Design Overlays - Pedestrian Places
Overlay] of the Ashland Land Use Ordinance is hereby amended as follows:
18.3.12.060 Pedestrian Place Overlay
A. Purpose. The Pedestrian Place overlay is intended to direct and encourage development of
small walkable nodes that provide concentrations of gathering places, housing, businesses,
and pedestrian amenities situated and designed in a way to encourage walking, bicycling,
and transit use.
B. Applicability
1. This section applies to properties designated as Pedestrian Places overlay on the Site
Design Zones map.
2. Review Procedure. The Pedestrian Place overlay requirements apply to proposed
development located in the Pedestrian Place overlay that requires a planning application
approval, and involves development of new structures or additions other than single-
family dwellings and associated accessory structures and uses. The provisions of the
Pedestrian Place overlay supplement those of the applicable base zoning district and
other applicable ordinance requirements.
3. Mixed-Use Buildings in Residential Zones. Mixed-use buildings located in an underlying
residential zone require Site Design Review approval in accordance with chapter 18.5.2,
and are subject to the standards subsection 18.4.2.040.8 Basic Site Review Standards
rather than section 18.4.2.030 Residential Development. Mixed-use buildings are subject
to all other applicable provisions of part 18.4 Site Development and Design Standards.
4. The Pedestrian Places overlay and development standards do not apply to
properties electing to develop under the Transit Triangle (TT) overlay option. See
chapter 18.3.14 Transit Triangle Overlay.
C. Pedestrian Place Concept Plans. The Pedestrian Place Concept plans (i.e., site plan,
development summary, and building illustrations) are for the purpose of providing an
example of development that conforms to the standards, and do not constitute independent
approval criteria. Concept plans are attached to the end of this chapter.
D. Development Standards. The following standards shall apply to development in the
Pedestrian Places overlay in addition to all applicable provisions of this ordinance.
1. Building Setbacks. The solar access setback in chapter 18.4.8 Solar Access applies only
to those lots abutting a residential zone to the north.
2. Plazas and Landscaping Ratio. Outdoor seating areas, plazas, and other useable paved
surfaces may be applied toward meeting the landscaping area requirements in chapter
18.4.4 Landscaping, Lighting, and Screening, but shall not constitute more than 50
percent of the required area.
E. Development in Residential Zone. The following standards apply to development located
in the Pedestrian Places overlay and a residential zone, in addition to all applicable
provisions of this ordinance.
1. Special Permitted Uses. In addition to the permitted uses in the underlying residential
zone, the following uses and their accessory uses are permitted subject to the
requirements of this section.
a. Professional, financial, business and medical offices, and personal service
establishments.
b. Stores, shops, and offices supplying commodities or performing services.
c. Restaurants.
2. Development Standards and Limitations.
a. The maximum gross floor area occupied by a special permitted use shall be 2,500
square feet,
b. Special permitted uses shall be allowed in a building or in a group of buildings
including a mixture of businesses and housing. At least 50 percent of the total gross
floor area of a building, or of where there is more than one building on a site, 50
percent of the total lot area including accessory uses such as parking, landscaping
and public space, shall be designated for residential uses.
c. The development shall meet the minimum housing density requirements of the
underlying zone.
d. Mixed-use buildings shall be setback not more than five feet from a public sidewalk
unless the area is used for pedestrian activities such as plazas or outside eating
areas, or for a required public utility easement.
e. Mixed-use developments shall have a minimum Floor Area Ratio (FAR) of .50.
Plazas and pedestrian areas shall count as floor area for the purposes of meeting
the minimum FAR. Projects including existing buildings or vacant parcels of a half an
acre or greater in size shall achieve the required minimum FAR or provide a shadow
plan (see graphic) that demonstrates how development may be intensified over time
to meet the required minimum FAR.
SECTION 9. Section 18.3.12.070 [Site Development and Design Overlays - Transit Triangle
Overlay] of the Ashland Land Use Ordinance is hereby added as follows:
18.3.12.070 Transit Triangle Overlay
A. The Transit Triangle (TT) overlay is that area defined in the Site Design Zones map.
B. Development in the Transit Triangle overlay is subject to chapter 18.3.14 Transit
Triangle Overlay in addition to all other applicable sections of this ordinance.
SECTION 10. Section 18.3.13.010 [Residential Overlay -Residential Overlay Regulations] of
the Ashland Land Use Ordinance is hereby amended as follows:
18.3.13.010 Residential Overlay Regulations
A. Purpose. The Residential overlay is intended to encourage a concentration and mix of
businesses and housing that provides a variety of housing types, supports resource and
energy conservation, and promotes walking, bicycling, and transit use.
B. Applicability. The Residential overlay applies to all property where 'Residential Overlay' (R)
is indicated on the Zoning map.
C. Requirements. The Residential overlay requirements are as follows. except that
dwellings developed under the Transit Triangle (TT) overlay option are not subject to
subsection 18.3.13.010 C, below. See section 18.3.14.040 for the allowed uses in the
TT overlaV.
1. Mixed-Use Developments. If there is one building on a site, ground floor residential
uses shall occupy not more than 35 percent of the gross floor area of the ground floor.
Where more than one building is located on a site, not more than 50 percent of the total
lot area shall be designated for residential uses. At least 65 percent of the gross floor
area of the ground floor shall be designated for permitted uses and uses
permitted with special use standards, not including residential uses.
2. Residential densities shall not exceed 15 dwelling units per acre. For the purpose of
density calculations, units of less than 500 square feet of gross habitable floor area shall
count as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the E-1 District.
A if the number of residentmal units a eels ten then at least 10 a nt of the
-
s:de.at:el - nit shall hp affordable F... moderate
ed...e
the to de d established by Feseh,tien of the r:h, !`ennsa th.e..nh a.ee
M' d : the .es.J.d:. n Thee„ een mhpr of „nhs i
• red to be -+Fie.de ble shall h
rn-nded 'te•••n to the nearest whole unit.
SECTION 11. Section 18.4.3.030 [Parking, Access, and Circulation - General Automobile
Parking Requirements and Exceptions] of the Ashland Land Use Ordinance is hereby amended
as follows:
18.4.3.030 General Automobile Parking Requirements and Exceptions
A. Minimum Number of Off-Street Automobile Parking Spaces. Off-street parking shall be
provided pursuant to one of the following three methods and shall include required Disabled
Person Parking.
1. Standard Ratios for Automobile Parking. The standards in Table 18.4.3.040.
2. Unspecified Use. Where automobile parking requirements for any use are not
specifically listed in Table 18.4.3.040, such requirements shall be determined by the
Staff Advisor based upon the most comparable use specified in this section, and other
available data.
3. Parking Demand Analysis. The approval authority through a discretionary review may
approve a parking standard that is different than the standards under subsection 1 and
2, above, as follows.
a. The applicant submits a parking demand analysis with supporting data prepared by a
professional engineer, planner, architect, landscape architect, or other qualified
professional;
b. The parking analysis, at a minimum, shall assess the average parking demand and
available supply for existing and proposed uses on the subject site; opportunities for
shared parking with other uses in the vicinity; existing public parking in the vicinity;
transportation options existing or planned near the site, such as frequent bus service,
carpools, or private shuttles; and other relevant factors. The parking demand
analysis option may be used in conjunction with, or independent of, the options
provided under section 18.4.3.060 Parking Management Strategies.
c. The review procedure shall be the same as for the main project application.
B. Maximum Number of Off-Street Automobile Parking Spaces. The number of spaces
provided by any particular use in ground surface lots shall not exceed the number of spaces
required by this chapter by more than ten percent. Spaces provided on-street, or within the
building footprint of structures, such as in rooftop parking, or under-structure parking, or in
multi-level parking above or below surface lots, shall not apply towards the maximum
number of allowable spaces.
C. Commercial Downtown Zone. All uses within the C-1-D zone, except for hotel, motel, and
hostel uses, are exempt from the off-street parking requirements of this section.
D. North Mountain Plan District. Within the Neighborhood Central zone of the North Mountain
(NM) Neighborhood Plan district, all uses are exempt from the off-street parking
requirements of this section, except that residential uses are required to provide a minimum
of one parking space per residential unit.
SECTION 12. 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 18.4.3.046 - Automobile Parking Spaces by Use
Use Categories Minimum Parking per Land Use
(Based on Gross Floor Area; fractions are rounded to whole number.)
Residential Categories
2 spaces for detached dwelling units and the following for attached
dwelling units.
a. Studio units or 1-bedroom units less than 500 sq. ft. -1
space/unit.
Single-family Dwellings
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.
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.)
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.
c. 2-bedroom units 1.75 spaces/unit.
Multi-family Dwellings d. 3-bedroom or greater units 2.00 spaces/unit.
e. Retirement complexes for seniors 55-years or greater One
space per unit.
f. Transit Triangle (TT) overlay option developments, see
chapter 18.3.14.
a. Units less than 800 sq. ft. 1 space/unit.
b. Units greater than 800 sq. ft. and less than 1000 sq. ft. 1.5
spaces/unit.
Cottage Housing c. Units greater than 1000 sq. 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 183.9.
Developments
Commercial Categories
Auto, boat or trailer sales, 1 space per 1,000 sq. ft. of the first 10,000 sq. ft. of gross land area;
retail nurseries and other plus 1 space per 5,000 sq. ft. for the excess over 10,000 sq. ft. of
open-space uses gross land area; 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.
Offices General Office: 1 space per 500 sq. ft. floor area.
Medical/Dental Office: 1 space per 350 s q. 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 s q. 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.
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.)
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 Livin
Schools Elementary and Junior High: 1.5 spaces per classroom, or 1 space
per 75 s q. 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 housin .
Other Categories
Parking standards for temporary uses are the same as for primary
Temporary Uses uses, except that the City decision-making body may reduce or waive
certain development and designs standards for temporary uses.
SECTION 13. 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.
A. On-Street Parking Credit. Credit for on-street parking spaces may reduce the required off-
street parking spaces up to 50 percent, as follows.
1. Credit. One off-street parking space credit for one on-street parking space meeting the
standards of subsections 2-4, below. See Figure 18.4.3.060.A.1.
Parallel Parking Diagonal Parking
j 1
IL 19 EUDI
I ~ 1
:No P I
I k~i
N
Within 20'
1of a Comer Subject Lot 20' Sub'eR lot
L-------_________------
n G) 12'
Q
No Parking
20" Within 22' ~ Within 20'
of a Comer
Note: Curb space must be contiguous to the
lot containing the use that requires the parlang.
Figure 18.4.3.060.A.1
On-Street Parking Credit
2. Dimensions. On-street parking shall follow the established configuration of existing on-
street parking, except that 45-degree diagonal parking may be allowed with the approval
of the Public Works Director, taking into account traffic flows and street design, with the
parking spaces designed in accord with the standards on file with the Public Works
Department.
a. Parallel parking, each 22 feet of uninterrupted curb.
b. 45-degree diagonal, each 12 feet of uninterrupted curb.
3. Location
a. Curb space must be contiguous to the lot containing the use that requires the
parking.
b. Parking spaces may not be counted that are within 20 feet measured along the curb
of any corner or intersection of an alley or street, nor any other parking configuration
that violates any law or standard of the City or State.
c. Parking spaces located on arterials and collectors may only receive credit if the
arterial or collector is greater in width than the minimums established by the street
standards in section 18.4.6.040.
d. Parking spaces may not be counted that are within 200 feet of a C-1-D or SOU zone.
e. Parking spaces may not be counted that are required as on-street parking in
accordance with section 18.3.9.060 in a development under the Performance
Standards Option.
4. Availability. On-street parking spaces credited for a specific use shall not be used
exclusively by that use, but shall be available for general public use at all times. No
signage or actions limiting general public use of on-street spaces shall be permitted.
B. Alternative Vehicle Parking. Alternative vehicle parking facilities may reduce the required
off-street parking spaces up to 25 percent, as follows.
1. Motorcycle or scooter parking. One off-street parking space credit for four motorcycle or
scooter parking spaces.
2. Bicycle parking. One off-street parking space credit for five additional, non-required
bicycle parking spaces.
3. Microcar parking. One off-street parking space credit for two microcar parking
spaces. Microcar spaces shall be designed so that one full size automobile can
use two microcar spaces, and the microcar spaces shall not be limited in use by
hours or type of vehicle through signage or other legal instrument.
C. Mixed Uses. In the event that several users occupy a single structure or parcel of land, the
total requirements for off-street automobile parking shall be the sum of the requirements for
the several uses computed separately unless it can be shown that the peak parking
demands are offset, in which case the mixed-use credit may reduce the off-street parking
requirement by a percentage equal to the reduced parking demand. A mixed-use parking
credit may reduce the required off-street parking spaces up to 50 percent.
D. Joint Use of Facilities. Required parking facilities of two or more uses, structures, or
parcels of land may be satisfied by the same parking facilities used jointly, to the extent that
it can be shown by the owners or operators that the need for the facilities does not materially
overlap (e.g., uses primarily of a daytime vs. nighttime nature) and provided that such right
of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing
such joint use. Jointly-used parking facilities may reduce the required off-street parking
spaces up to 50 percent.
E. Off-Site Shared Parking. One off-street parking space credit for every one parking space
constructed in designated off-site shared parking areas, or through payment of in-lieu-of-
parking fees for a common parking. Off-site shared parking facilities may reduce the
required off-street parking spaces up to 100 percent.
F. TDM Plan Credit. Through implementation of an individual Transportation Demand
Management (TDM) plan that demonstrates a reduction of long-term parking demand by a
percentage equal to the credit requested. A TDM plan may reduce the required off-street
parking spaces up to 50 percent.
G. Transit Facilities Credit. Sites where at least 20 spaces are required and where at least
one lot line abuts a street with transit service may substitute transit-supportive plazas as
follows. A Transit Facilities Credit may reduce the required off-street parking spaces up to
50 percent.
1. Pedestrian and transit supportive plazas may be substituted for up to ten percent of the
required parking spaces on-site.
2. A street with transit service shall have a minimum of 30-minute peak period transit
service frequency.
.3. Existing parking areas may be converted to take advantage of these provisions.
4. The plaza must be adjacent to and visible from the transit street. If there is a bus stop
along the site's frontage, the plaza must be adjacent to the bus stop.
5. The plaza must be at least 300 square feet in area and be shaped so that a ten-foot by
ten-foot (10 feet X 10 feet) square will fit entirely in the plaza.
6. The plaza must include all of the following elements.
a. A plaza that is open to the public. The owner must record a public access easement
that allows public access to the plaza.
b. A bench or other sitting area with at least five linear feet of seating.
c. A shelter or other weather protection. The shelter must cover at least 20 square feet
and the plaza must be landscaped. This landscaping is in addition to any other
landscaping or screening required for parking areas by this ordinance.
SECTION 14. Section 18.6.1.030 [Definitions] of the Ashland Land Use Ordinance is hereby
amended as follows:
18.6.1.030 Definitions
The following definitions are organized alphabetically.
Floor Area, Gross Ha-hitabl The total arpa of .111 flears . a dwelling measured to its
Outside -u - ff-" that under the horizontal _ b F th or floor above are 'th at least __.F t of h wad rnom,
..L.d i.. uninhabitable F Qd
spaGes . lely by exterior door a
Floor Area, G The total aof all fle-ors in a building measured to the n-AMde
SuFfa s that r._ u-nideF the h. g......ntal nreiention of the reef or FI__. above.
_
Floor Area. The area of an enclosed floor measured from the exterior faces of exterior
walls or from the center line of walls separating two buildings. ,
- Gross Floor Area. The sum of the gross horizontal areas of all enclosed floors
measured from the exterior faces of exterior walls or from the center line of walls
separating two buildings, but excluding basements, attic space providing
structural head room of less than six-and-a-half feet, and unenclosed steps,
porches, terraces and balconies. Individual sections of this ordinance may exempt
additional spaces from gross floor area.
- Gross Habitable Floor Area. The sum of the gross horizontal areas of all enclosed
floors with at least seven feet of headroom in a dwelling unit measured from the
exterior faces of exterior walls or from the center line of walls separating two
buildings, excluding uninhabitable spaces accessed solely by an exterior door.
Maximum Permitted Floor Area (MPFA). The gross floor area of the primary
dwelling, including but not limited to potential living spaces within the structure
with at least seven feet of head room and attached garages. Basements, detached
garages, detached accessory structures, and detached accessory residential units
are not counted in the gross floor area for the MPFA calculation if separated from
the primary dwelling by six feet or more. Similarly, unenclosed breezeways, and
similar open structures connecting an exempt detached structure to the primary
dwelling are not counted in the MPFA calculation.
Microcar. An automobile that is less than nine feet in length and typically is limited to two
seats for passengers. Microcars can be parked in a head-in fashion in a parallel
parking space so that one standard parallel parking space accommodate two
microcars.
Story. That portion of a building included between the uppeF surface of any one floor and the
upper surface of the next floor next above, or if there is no floor above, the finished
ceiling directly above
b t . n the ..e. „-scc^ of the top floor and the oeiling above. A basement is not
considered a story. Unenclosed decks, porches, balconies, and similar features are not
considered stories.
SECTION 15. 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 16. 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
pppr- --ME
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 17. 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 1-14) 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 20~ day of Npy erw~ , 2018,
and duly PASSED and ADOPTED this _i1gl" day of ~G~-~Y✓ , 2018.
V
Melissa Huhtala, City Recorder
SIGNED and APPROVED this K day of , 2018.
i
n Strorriberg. Mayor
Reviewed as to form:
David H. Lohman, City Attorney