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HomeMy WebLinkAbout2656 Amends AMC 18.104 ORDINA.NC~ NO.2656 AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE -- LAND USE ORDINANCE -- WITH RESPECT TO CONDITIONAL USE PERMITS -- AMC 18.104. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.104 of the Ashland Municipal Code shall be amended and replaced in its entirety and shall read as follows: Sections: 18.104.010 18.104.020 18.104.030 18.104.040 18.104.050 18.104.060 18.104.070 "Chapter 18.104 CONDITIONAL USE PERMITS Conditional Use Permits Generally Definitions Procedure Plan Requirements Approval Criteria Conditions Revocation; Abandonment 18.104.010 Conditional Use Permits Generally. Certain uses are permitted in each zoning district only as conditional uses. This chapter provides substantive approval criteria by which applications for conditional use permits are to be evaluated and describes applicable procedures. No conditionally permitted use may be established, enlarged or altered unless the city first issues a conditional use permit in accordance with the provisions of this chapter. 18.104.020 Definitions. The following are definitions for use in this chapter. A. "Impact Area" - That area which is immediately surrounding a use, and which may be impacted by it. All land which is within the applicable notice area for a use is included in the impact area. In addition, any lot beyond the notice area, if the hearing authority finds that it may be materially affected by the proposed use, is also included in the impact area. B. "Target Use" - The basic permitted use in the zone, as defined below. 1. WR (Woodland Residential) and RR (Rural Residential) zones: Residential use complying with all ordinance requirements, developed at the density permitted by Section 18.88.040. 2. R-1 (Single Family Residential) zones: Residential use complying with all ordinance requirements, developed at the density permitted by Section 18.88.040. 3. R-2 and R-3 Zones: Residential use complying with all ordinance requirements, developed at the density permitted by the zone. 4. C-1. The general retail commercial uses listed in 18.32.020 B., developed at an intensity of .35 gross floor to area ratio, complying with all ordinance requirements. 5. C-iD. The general retail commercial uses listed in 18.32.020 B., developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. 6. E-1. The general office uses listed in 18.40.020 A., developed at an intensity of .35 gross floor to area ratio, complying with all ordinance requirements. 7. M-1. The general light industrial uses listed in 18.40.020 E., complying with all ordinance requirements. 8. SO. Educational uses at the college level, complying with all ordinance requirements. 18.104.030 Procedure. An application for a conditional use permit shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the city and accompanied by the required filing fee. The application shall include a plan or drawing meeting the requirements of Section 18.104.040 and shall be processed as provided in Chapter 18.108 of this Title. 18.104.040 Plan Requirements. A. The plan or drawing accompanying the application shall include the following information: 1. Vicinity map. 2. North arrow. 3. Depiction and names of all streets abutting the subject property. 4. Depiction of the subject property, including the dimensions of all lot lines. 5. Location and use of all buildings existing and proposed on the subject property and schematic architectural elevations of all proposed structures. 6. Location of all parking areas, parking spaces, and ingress, egress and traffic circulation for the subject property. 7. Schematic landscaping plan showing area and type of landscaping proposed. 8. A topographic map of the site showing contour intervals of five feet or less. 9. Approximate location of all existing natural features in areas which are planned to be disturbed, including, but not limited to, all existing trees of greater than six inch dbh, any natural drainage ways, ponds or wetlands, and any substantial outcroppings of rocks or boulders. B. An application for a conditional use permit may, but need not be, made concurrently with any required application for site design approval under Chapter 18.72. The provisions of paragraph (1) above are not intended to alter the detailed site plan requirements of Section 18.72.040 for site design approval. 18.104.050 Approval Criteria. A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. 18.104.060 Conditions. The conditions which the approval authority may impose include, but are not limited to the following: A. Regulation and limitation of uses. B. Special yards, spaces. C. Fences and walls. D. Dedications, including the present or future construction of streets and sidewalks and bonds for such construction or irrevocable consent improvement petitions for such improvements. E. Regulation of points of vehicular and pedestrian ingress and egress. F. Regulation of signs. G. Regulation of building materials, textures, colors and architectural features. H. Landscaping, including screening and buffering where necessary to increase compatibility with adjoining uses. I. Regulation of noise, vibration, dust, odors or similar nuisances. J. Regulation of hours of operation and the conduct of certain activities. K. The period of time within which the proposed use shall be developed. L. Duration of use. M. Preservation of natural vegetative growth and open space. N. Any condition permitted by Section 18.72, Site Design. O. Such other conditions as will make possible the development of the city in a orderly and efficient manner and in accordance with the provisions of this Title. 18.104.070 Revocation; Abandonment. Unless a longer period is specifically allowed by the approval authority, any conditional use permit approved under this section, including any declared phase, shall be deemed revoked if the proposed use or phase is not developed within one year of the date of approval. If the permit requires site design approval under Chapter 18.72, the permit shall be deem revoked if the use or phase is not developed within one year of the date of site design approval. A conditional use is deemed void if discontinued or abandoned for a period of six consecutive months." The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the /~day of ~ ~-~,~-~J , 1991, and duly PASSED and ADOPTED thistles- day of ~/2~-~b£~- , 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this ~--~ day of f.~_?<7~/~. /~_~ , 1991. Catherine M. Golden Mayor