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HomeMy WebLinkAbout2012-05-23 Housing PACKET Ashland Housing Commission Regular Meeting Agenda May 23, 2012: 4:30 – 6:30pm Council Chambers – 1175 East Main Street 1. (4:30) Approval of Minutes (5 min) April 25, 2012 2. (4:35) Public Forum (5 min) 3.(4:40)Unified Land Use Code Project Kick-Off (15 min) Maria Harris-Long Range Planner 4.(4:55) Student Presentations-Housing First and Manufactured Housing (30 min) Professor Pat Acklin and the Planning Issues Class 5. (5:25) Normal Avenue Neighborhood Plan Update (20 min) Brandon Goldman-Long Range Planner 6.(5:45)Liaison Reports discussion (20 min) Liaison Reports Council (Carol Voisin) Staff(Linda Reid) General Announcements 7.(6:06)Fair Housing Ordinance Discussion (15 min) th 8.(6:20)June 27, 2012 MeetingAgenda Items (5 min) Commissioner items suggested(5 min) Quorum Check – Commissioners not available to attend upcoming regular meetings should declare their expected absence. 9.(6.25)Upcoming Events and Meetings Project Community Connect Event-June 22, 2012 Medford Armory 9-4 PM Next Housing Commission Regular Meeting 4:30-6:30 PM; June 27, 2012 10. (6:30) Adjournment In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). ASHLAND HOUSING COMMISSION DRAFT MINUTES April 25, 2012 CALL TO ORDER ChairRegina Ayars called the meeting to order at 4:30 p.m. at the Council Chambers located at 1175 East Main St. Ashland, OR 97520. Commissioners Present:Council Liaison Regina AyarsCarol Voisin, arrived at 4:40 Brett Ainsworth Barb Barasa Staff Present: Evan LasleyLinda Reid, Housing Specialist James Dills Carolyn Schwendener, Admin Clerk Richard Billin No Commissioners Were Absent Ben Scott APPROVAL OF MINUTES Ainsworth/Billin m/s to approve the minutes of the April 25, 2012 regular Housing Commission meeting. Voice Vote: All Ayes minutes were approved as presented. PUBLIC FORUM No public comments were made. NEW COMMISSIONER INTRODUCTIONS Evan Lasley introduced himself acknowledging that he is looking forward to working with the Commission. Lasley is trying to recruit a SOU student to become the student liaison on the Commission. Because spring is such a busy time for students it’s probably going to be fall before anyone is interested. Barasa reported that she and Melanie Mindlin will be speaking at Pat Acklins’ Planning Issues class at the college. As part of their class project the students will be breaking into two groups. One group will be studying housing first and the other group the land use code and manufactured housing. They would like to present their findings to the rd Housing Commission at the May 23 meeting. Bryan Cole, SOU student and City intern, would also like to do a presentation at that time discussing his results from the recent questionnaire to property owners and managers. Maria Harris, City Long Rang Planner, would like to be on the May agenda to talk about the Unified Land Use Code project. CDBG ANNUAL ACTION PLAN REVIEW & APPROVAL and 2010-2014 CONSOLIDATED PLAN AMENDMENT The Commissioners reviewed the report that Reid will be submitting to the U.S. Department of Housing and Urban Development. This document, the CDBG Action Plan for Program Year 2012 describes the projects that the City will undertake and the manner in which the projects are consistent with the priorities of the Five-Year Consolidated PlanThe document includes a table summarizing the projects to be funded by CDBG dollars in Program Year 2012. 1 Reid explained the timeline that the Ashland Emergency Food Bank has proposed for raising funds for the purchasing of the building they currently lease. They will need to raise $475,000 by July of 2013. They asked the City for $130,000 but were awarded $87,000 leaving them $50,000 shorter then they had anticipated. Their time line includes grant applications for some small foundation grants plus a large capital campaign. One of the reasons staff recommended funding this project with a reservation letter was because they did not foresee it would go through before the next funding cycle. The new RFP for CDBG goes out next January allowing them to come back at that time and apply for the remaining $50,000. Their lease is good through August of 2013 and their intent is to wait until then to complete the purchase. AEFB would have liked a building which was more centrally located in the community though their current location meets their needs. If something else becomes available in the future that is more appropriate they would be allowed to sell the current building to purchase another one. Reid commented that she might not have clarified to City Council that the policy to award only two projects in any given cycle is a City set policy not a HUD regulation. HUD does not regulate the amount or the number of awards you make in a given year. The Commissioners discussed the possibility of an ordinance that says a property owner could not build a single family home in a multi family zone. Snowberry, located on Clay Street, is the only multifamily complex that has been built in the last 20 years in Ashland. The Commissioners would like to look at ways to encourage and incentives’ property owners in multifamily zones. Reid suggested that Brandon Goldman attend a future meeting and discuss Land Use Codes and what options might be available. Billin/Dills m/s to approve the Action Plan. Voice Vote; All ayes, motion passed unanimously. LETTER TO PROPERTY OWNERS DISCUSSION Barasa presented her rough draft letter to HUD and RD Expiring Use Property owners. Currently there are six owners on the expiring use list. Reid said most of the incentives that would be available to the property owners are going to be offered through HUD or Rural Development loans. Oregon Housing and Community Services also have a preservation program. As a City we can offer either CDBG money and/or Housing Trust Fund money, stated Reid. It was suggested to get some background information on these property owners before talking with them as it’s important to understand their position. Ayars and Scott would like to meet with these people individually. Reid suggested talking to Karen Chase from Oregon Housing to find out what incentives they are offering as well as Jay Delapfrom the Rural Development office in Medford. Ayars is planning on mailing the letter before the next rd commission meeting on the 23 and will give an update at that meeting. RVTV DISCUSSION Dills showed the video he put together discussing local housing issues. He started the video off with some background information about himself followed by an interview with City Senior Planner Brandon Goldman. The main focus of the video was the Housing Trust Fund and looking for funding ideas. The video is approximately thirteen minutes long and RVTV will cycle it through whenever it is appropriate. The Commissioners thanked Dills for the wonderful job he did realizing the effort he put into it. The Commissioners made some suggestions for Dills to help with his editing. It was suggested to show some shots of affordable housing units in Ashland and Goldman could be used as a voice over. Dills did question the privacy issues regarding the people who live in the units. It might be a good idea to show Snowberry since it’s a larger complex with many occupants. Reid has a lot of pictures of affordable units and will send them to Dills. Dills commented he has endless enthusiasm, endless ideas and is passionate about this project; it’s the time he is lacking. This is the last meeting for Dills as a commissioner though he is willing to help with this project if others on the Commission take on the responsibility. 2 LIAISON REPORTS DISCUSSION Council – Voisin reported that the Council approved the CDBG award recommendations. They decided to continue their last year’s goals to this year. Clay Street property will be looked at again in the fall. MAY 25TH, 2012 MEETING AGENDA ITEMS Quorum check; everyone will be here. This was Dills last meeting. The Commissioners acknowledged they have appreciated him and will him. Reid will speak with City Recorder, Barbara Christensen, to be sure she has posted the Commission vacancy. UPCOMING EVENTS AND MEETINGS Homeless Task Force Meeting-May 15th, 2012: 10:30-12:00 Housing Authority Conference Room, 2231 Table Rock Road, Medford Next Housing Commission Regular Meeting May 24, 2012 4:30-6:30 PM ADJOURNMENT - The meeting was adjourned at 6:00 p.m. Respectfully submitted by Carolyn Schwendener 3 DRAAFT Unifiied Lannd Usee Codee Project Informaation INTRODDUCTION The City of Ashland Communityy Developmeent Departmment is underttaking a projject to combbine the Ashlaand Land Usse Ordinancee (ALUO) annd related deevelopment standards innto a Unifiedd Land Usee Code with improved organization, wording, foormatting and graphics. TThe land usee regulations implemennt the commmunity’s visioon as expressed in the AAshland CommprehensivePPlan, and goveerns the deveelopment of property witthin the Cityy limits. The ALUUO has beenn incrementallly amendedd numerous ttimes since it was originaally adoptedd in 1964. Eaach update wwas preparedd and adopted independeently, and theere are severral documennts that compprise the lannd use regulaations and staandards. Ass a result, thee code todayy is sometimees confusingg, is difficult to navigatee, has inadveertent repetittion, and includes slight inconsistenccies. While thee focus of thhe project is reorganizingg the existingg developmeent standards into one usser- friendlyddocument, thhe project wwill also incluude an evaluation of the planning appplication proocess and greenn developmeent measuress, and preparration of codde amendmeent options adddressing thhese areas for consideratioon. There maay be situatioons where chhanges to the land use reegulations arre proposed which resultt in policy chhanges. For example, coorrecting an iinadvertent oomission or inconsistenccy may resullt in a policy cchange, or aaddressing thhe planning aapplicationpprocess and ggreen develoopment meassures may resuult in policy cchanges. Alll policy chaanges will bee clearly commmunicated tthroughouttthe project inn written maaterials and oal reports. PROJECCT GOAL AAND OBJECCTIVES Thegoall of the projeect is to present the inforrmation conttained in the existing coddes and standdards so the lannd use ordinance is clearr, consistent,, concise, addaptable and user-friendlly. Theprojject objectivves are: MMake the codde usable forr a wide variety of code uusers (i.e. appplicants, neighbors, apppointed offficials, electeed officials, staff). MMake the codde easy to naavigate so alll standards related to onee subject aree in one location. MMake the codde clear withh consistent sstandards, deefinitions, foormat and graphics. MMake the codde adaptableso the documment is easyy to amend inn the future aand is a livinng document thaat adjusts witth future chaanges. Immprove timeeliness and ppredictabilityy of planningg applicationn process by removing coode innconsistenciees. AAddress interrnal city department commmunicationand coordinnationfor deevelopment seervices. CConsider streamlining plaanning appliication proceess to addresss Economic Developmeent 1 DRAAFT Strategy priorrity action reegarding timmeliness, preddictability annd potential impacts of development process to eeconomic devvelopment pprojects. Frreased use of green deveelopment meeasuresby reemoving barrriers in and acilitate inc addding provissions to the lland use coddes. SCOPEOF PROJEECT The folloowing develoopment-relatted ordinancces and standdards will bee included inn the project: Title 18 oof the Ashlannd Municipaal Code, Lannd Use Ordinnance Site Desiign and Use Standards AshlandStreet Standdards Recommmended Street Tree Guidee PUBLIC INVOLVEMMENT Over the next 12 monnths (April 22012 – Marcch 2013), thee Planning CCommission wwill overseee the Unified LLand Use Prrojectby reviiewing and rrevising the draft documments at theirr monthly stuudy sessionmmeetings on tthe fourth Tuuesday of thhe month at 77:00 p.m. at the Civic Ceenter Counciil Chamberrs located at 1175 E. Maain St. Ultimmately, a finished draft wwill be compiiled and takeen throughtthe formal puublic hearingg process whhich involvees a public heearing and reecommendattion by the Pllanning Commmission, and a public heearing and ddecision by thhe City Counncil. To ensurre that the puublic is awarre and involvved in this prroject, severaal communiccation tools will be used, as follows: OOpen House –– two to threee public meeetings will bbe held to inntroduce the pproject, provvide innformation aand status uppdates, and ooffer opportuunities for quuestions and comments. Planning Commmission Stuudy Sessionss – the Plannning Commiission study sessions are oppen to the puublic, and innclude a timee for particippants to makke commentss. AAdvisory Commmission Uppdates – stafff will introdduce the projject to the vaarious City AAdvisory Commmissions (ee.g. Historicc Commissioon), and brinng issues to thhe commissiions onn an as-needded basis. LLocal Newspapers – stafff will work wwith local neewspapers too provide infformation abbout thhe project. Project Bullettinby Subsccription – uppdates will bee sent to individuals duriing the projeect. OOn-line Forumm – “Open CCity Hall” wwww.ashlandd.or.us/openncityhallis ann on-line forrum wwhere informmation about the project wwill be regullarly posted. If participaants chose too do soo, they can aalso submit ccomments. Project websiite - the Uniffied Land Usse Code projject website is wwww.ashlandd.or.us/unifieedcode , andd will have uppdated projeect informatiion, meetingg scchedules andd materials. Staff Assistannce - City staaff is availabble to assist wwith questioons and inforrmation abouut the prroject – contactMMaria Harrris, Planniing Managger at 5441-552-20455 or harrism@ashhland.or.us,or Brandonn Goldman,, Senior Pllanner at 5541-552-20776 or goldmanb@aashland.or.uss. The TTY phone is 1-8800-735-29000. 2 DRAAFT PROJECCT SCHEDUULE A.PProject Kickk-Off (April – June 2012) Introdduce project to Planning Commissionn and Advisory Commisssions. HoldOOpen Housee public meeeting. B.PPreparationof Reorgannized “Unified” Code (MMay – June 2012) Preparre outline annd first compplete draft off the reorgannized code foor public andd Planning Commisssion review. C.RReview Unifified Code (JJune – Septeember 2012)) Planning Commisssion review of Unified CCode in grouups of chapteers at study sessioon meetings. D.EEvaluationoof PlanningApplicationn Process annd Green Deevelopmentt Measures ((July –August 20112) Evaluuate and preppare code ammendment opptions addresssing concerrns regardingg impacct of developpment processs on econommic developmment projectts and facilittating the usse of green ddevelopment measures. Planning Commisssion review of code ameendment opttions. E.RRevise Unifieed Code andd Prepare AAdoption-Reeady Draft (Septemberr – October 2012) Preparre draft of thhe Unified CCode for adopption processs. HoldOOpen Housee meeting. F.PPlanning Commission PPublic Heariing (Novemmber – Decemmber 2012) Planning Commisssion conduccts public hearing and mmakes recommmendation too the CityCCouncil. G.CCity Councill Public Heaaring (January – Marcch 2013) Cityccouncil condducts public hhearing and makes decission on adopption of Uniffied Code. BACKGROUND Improvinng the timelinness and preedictabilityoof the develoopment proceess is a City Council goaal, and a topp priority of tthe Communnity Developpment Deparrtment. Thee City Counccil set a goal to “Increasee the clarity, responsivenness and certtainty of the developmennt process.DDevelop a specificaaction plan tto respond too the recommmendation off the 2006 Zucker and Siiegel reportss.” Creatinga Unified Land Use Codde is a recommmendationof the Siegeel report (i.e.. Land Use Ordinancce Review byy Siegel Plannning Servicces, LLC, Appril 2006), aand was pressented as a specificaaction item tto address thhe Council’s goal at the CCity Councill meeting in January 20112. In additioon to creatinng a unifiedccode, the prooject will incclude an evaaluation of thhe planning applicatioon process aand green development mmeasures andd prepare code amendmeent options addressinng these areaas for considderation. In aaddition to tthe City Couuncil goal of “Increase thhe clarity, reesponsiveness and certaiinty of the development process…”discussed abbove, the Economiic Developmment Strategyy (adopted Juuly 2011) identifies imprroving the laand use developmment processs as one of seeven top prioority actionss. Specificallly, the actionn says to “manage physical deevelopment pprocess to ennsure understandable reqquirements wwith timely aand predictabble results whhile safeguaarding and immproving thee quality of tthe environmment and the communiity.” In termms of green ddevelopmentt measures, tthe City Couuncil adoptedd the followiing 3 DRAAFT goal, “Addopt land use codes, buillding codes, green buildding standardds, and fee sttructures thaat creates sttrong incentiives for deveelopment thaat is energy, water, and lland efficiennt and supporrts a multi-moodal transporrtation systemm.” The City of Ashland began the process of revviewing the land use andd developmeent process inn 2006 witth an organizzational revieew by Zuckeer Systems aand a land usse ordinancee review by Siegel Pllanning Servvices, LLC.The land usee ordinance review incluuded a code evaluationaand phasedwwork plan forr updating thhe ALUO.TThe first phase of “houseekeeping” coode edits wass completeed in April 2008, and creeating a unifified code was identified aas a subsequuent phase. QUESTIONS/COMMMENTS Communnity Developpment Deparrtment staff iis committedd to making sure project informationn is accessiblle, complete and accurate, and there are informal and formall opportunitiies for citizenns to participatte and provide input for the project. There arre several ddifferent wayys to get innformation aand to provvide input.Open City Hall www.ashhland.or.us/oopencityhallis an on-linne forum to llearn about and commennt on the prooject. The Uniffied Land UUse Code prroject website is www.aashland.or.us/unifiedcodde will also have updatedpproject inforrmation, meeeting scheduules and mateerials. Finallly, you can write or calll City staff withh questions oor commentts – contact MMaria Harris, Planning MManager at 541-552-2045 or harrism@@ashland.or..us, or Brandon Gooldman, Seenior Plannner at 5441-552-20766 or goldmanbb@ashland.oor.us. The TTTY phone iis 1-800-7355-2900. 4 Oregon’s Model Development Code for Small Cities Table of Contents Article 1. 0 — Introduction Chapters: 1. 1. How to Use the Development Code 1. 2. General Administration 1. 3. Definitions 1. 4. Use Categories 1. 5. Enforcement Article 2 - Land Use Districts Chapters: 2.1. Organization of Land Use Districts 2.2. Residential (R) Districts 2.3. Commercial (C) Districts 2.4. Industrial (I) Districts 2.5. Overlay (O) Districts Article 3 — Community Design Standards Chapters: 3.0 Design Standards Administration 3.1 Access and Circulation 3.2 Landscaping, Street Trees, Fences and Walls 3.3 Parking and Loading 3.4 Public Facilities 3.5 Surface Water Management 3.6 Other Site Design Standards 3.7 Sensitive Lands 3.8 Signs City of __ 1-1 Development Code Article 4 – Administration of Land Use and Development Chapters: 4.1. Types of Review Procedures 4.2. Land Use Review and Site Design Review 4.3. Land Divisions and Property Line Adjustments 4.4. Conditional Use Permits 4.5. Master Planned Developments 4.6. Modifications to Approved Plans and Conditions of Approval 4.7. Land Use District Map and Text Amendments 4.8. Code Interpretations 4.9. Miscellaneous Permits – Temporary Uses, Home Occupations Article 5 — Exceptions to Code Standards Chapters: 5.1 Variances 5.2 Non-Conforming Uses and Development 5.3 Lots of Record Article 6 - Map Amendments and Code Interpretations The purpose of Article 6 is to create a place for filing land use district/zoning map amendments made under Chapter 4.7, including Master Planned Developments overlays, and code interpretations made under Chapter 4.8, for reference by staff and applicants. This section of the code does not amend the procedures for completing land use district map and text amendments located in Chapter 4.7. Map amendments shall be located in this section in chronological order based on date of adoption. \[Reserved for land use district/zoning amendments and code interpretation decisions.\] Oregon’s Model Development Code for Small Cities is partially funded by a grant from the Transportation and Growth Management (TGM) Program, a joint program of the Oregon Department of Transportation and the Oregon Department of Land Conservation City of __ 1-2 Development Code st and Development. This TGM grant is financed, in part, by federal Transportation Equity Act for the 21 Century (TEA-21), local government, and the State of Oregon funds. The contents of this document do not necessarily reflect views or policies of the State of Oregon. City of __ 1-3 Development Code Memoo Housingg Commmission5/23/2012 TO: Ashhland Housinng Commisssion FROM:Braandon Goldmman, Senior PPlanner Braandon.Goldmman@ashlannd.or.us RE: Normaal Avenue Neeighborhoodd Plan Summary On May1, 22012 the Cityy Council auuthorized an Intergovernmmental Agreeement (IGAA) with Oreggon Department of Transporrtation’s (ODDOT) Transpportation andd Growth MManagement ((TGM) proggram to undertake thhe developmment of the NNormal Avennue Neighborrhood Plan. The objectivve of TGM ffunded projects is too better integgrate transpoortation and land use plaanning and ddevelop new ways to mannage growth in orrder to achieeve compact pedestrian,bicycle, andd transit frienndly developpment. The CCity of Ashland hass been awardded a $70,0000 TGM Graant to develoop the Normaal Avenue NNeighborhoodd Plan. The Normall Avenue NeeighborhoodPlan is intennded to guidde future chaanges to the aarea in a wayy that supports a ccompact neigghborhood foorm, and whhich will ultimmately accommodate a vvariety of hoousing, connect a syystem of greeenways, protect and inteegrate existinng creek corrridors and wwetlands, andd enhance moobility for areea residents through estaablishing saffe and direct walking andd bicycle rouutes, as well as helpp to build a fooundation thhat supports future bus seervice in thee area. Plan ppreparationiis expected to be completeed by July 20013. Upon completionoof this projecct, the Normaal Avenue Neighborhoood Plan willl provide a ccoordinated aapproach forr future area developmennt. This neighborhood plannning effort wwill address the followinng objectivess: Project Objjectives Increease efficienncy in the usee of land thrrough concenntration of hhousing in a ccentrally loccated areawithin the CCity UGB pllanned for fuuture urban ddevelopmentt; Achiieve a develoopment patteern that resuults in a balannced, multi-modal transpportation sysstem andtthat enhancees opportunitties for walkking, bicyclinng or using ttransit in areeas plannedffor transsit service; Delineate housinng, neighborrhood serving commerciaal, open spacce, public sppace, and greeen infraastructure immprovementss, in a manneer that providdes for preseervation andd enhancemennt of creekks and wetlaands; Deveelop new illuustrative connceptual archhitectural annd site plans for Project AArea consistent with Trannsportationaand Growth MManagemennt objectives.. Concepts wwill meet City’s and the propperty owners’ developmeent goals andd standards. Desiign a local sttreet grid forr the Project Area includding connections to existting and plannned streeet, pedestriann, and bicyclle facilities ooutside Projeect Area, to mmore fully inntegrate the Project Areaa into the Citty transportaation system; PPage 1 of 2 Provvide for pedeestrian and bbicycle routes and facilityy improvements within tthe Project AArea thatwill providee safe access to local schhools; Provvide alternatiives to, or deelay the needd for, expanssion of the CCity UGB; Reduuce emissionns that contribute to climmate change through changes to transsportation orr land usepplans that reduce expecteed automobiile vehicle mmiles traveledd; Provvide an impleementation sstrategy that includes suppporting Commprehensivee Plan and uupdated TSPamendmentts, form baseed codes, andd design stanndards; and Present the Plan and documeentation neceessary to suppport adoptioon to City’s Planning Commmission (PCC) and City CCouncil (Council). ATTACHMMENTS: Estimmated projecct timeline Plann area aerial pphoto Plann area naturall resources mmap PPage 2 of 2 Sept Aug. July June May ЋЉЊЌ April March Feb. Jan. Dec. Nov. Oct. Sept. ЋЉЊЋ Aug July June May Background data collection (GIS mapping, surveys, interviews)Housing Needs Analysis Housing Framework Greenway and Openspace Framework Mobility Framework Infrastructure Framework Sustainable Neighborhood Framework Concept Plan Development (existing conditions) Public CharretteDraft Normal Avenue Neighborhood Plan Draft Site Design & Code amendments Public Open House and PC Study Session Final Draft Normal Avenue Neighborhood Plan Formal Planning Commission and Council Review Normal Avenue Neighborhood Plan Estimated project Timeline DR K E K C O R C L K OOR B T S E L GN E E LG N E T SY AL C T S V ALAM RON NL YW TC RE TN UH V A REK LA W VA RE KLA W YT WS SMUI UPD MA C AN ORDINANCE AMENDING CHAPTER 10.110 OF THE ASHLAND MUNNICIPAL CODE REGARDING FAIR HOUSING Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. CHAPTER 10.110 FAIR HOUSING SECTIONs: 10.110.010 Declaration of policy. 10.110.020 Definitions. 10.110.030 Unlawful practices. 10.110.040 Exemptions. 10.110.050 Procedures. 10.110.060 Enforcement and Administration 10.110.070 Authority of City Attorney to Adopt Rules 10.110.080 Other remedies. 10.110.090 Penalties. 10.110.100 Severability of invalid provisions. SECTION 10.110.010 Declaration of policy. It is hereby declared to be the policy of Ashland, Oregon, in the exercise of its policy power for the public safety, public health, and general welfare to assure equal opportunity to all persons to live in decent housing facilities regardless of race, color, religion, sex, sexual orientation, gender identity, national origin,source of income, or familial status and, to that end, to prohibit discrimination in housing by any persons. (Ord 2746, 1994) SECTION 10.110.020 Definitions. When used herein: A. "Real property" includes buildings, structures, lands, tenements, leaseholds, cooperatives and condominiums. B. "Discrimination" or "discriminatory housing practice" means any difference in treatment based upon race, color, religion, sex, sexual orientation, national origin, disability or familial status; or any act that is unlawful under this ordinance. (Ord. 2713, 1993) C. "Person" includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations. D. "Owner" includes a lessee, sublessee, co-tenant, assignee managing agent or other person having the right of ownership or possession, or the right to sell, rent or lease any housing accommodation. E. "Financial Institution" includes any person, as defined herein, engaged in the business of lending money or guaranteeing losses. F. "Housing accommodation" or "Dwelling" means any building, mobile home or trailer, structure, or portion thereof which is occupied as, or designed, or intended for occupancy, as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, mobile home or trailer, structure, or portion thereof or any real property, as defined herein, used or intended to be used for any of the purposes set forth in this subsection. G. "Open Market" means the market which is informed of the availability for sale, purchase, rental or lease of any housing accommodation, whether informed through a real estate broker or by advertising by publication, signs or by any other advertising methods directed to the public or any portion thereof, indicating that the property is available for sale, purchase, rental or lease. H. "Older Person" A person of age fifty-five (55) or older. I. "Familial Status" The presence or absence of children within a household unit, under eighteen (18) years of age.Means the relationship between one or more individuals who have not attained 18 years of age and who are domiciled with; A parent or another person having legal custody of the individual, or the designee of the parent or other person having such custody, with the written permission of the parent or other person. “Familial Status” also includes any individual, regardless of age or domicile, who is pregnant or is in the process of securing legal custody of an individual who has not attained 18 years of age. J. "Disability" means a physical or mental impairment which substantially limits one or more major life activities. "Disability" includes having a record of such an impairment or being regarded as having such an impairment K. "Sexual orientation" means attraction to or selection of a sexual partner according to gender. "Sexual orientation" includes having a history of that attraction or selection, or being identified with that attraction or selection. "Sexual orientation" is limited to heterosexuality, homosexuality, and bisexuality. L. “Source of Income” the means by which a person supports himself or herself and his or her dependents, including but not limited to money and property from any occupation, profession or activity, from any contract, settlement or agreement, from federal or state payments, court ordered payments, gifts, bequests, annuities, life insurance policies, and compensation for illness or injury, but excluding any money or property derived in a manner made illegal or criminal by any law, statute or ordinance. M. “Gender Identity” a person’s actual or perceived sex, including a person’s identity, appearance, expression or behavior, whether or not that identity, appearance, expression or behavior is different from that traditionally associated with the person’s sex at birth. N. “Fair Housing Officer” the City Attorney or designee will act as the designated Fair Housing Officer. SECTION 10.110.030 Unlawful practices. In connection with any of the transactions set forth in this section which affect any housing accommodation in the open market, or in connection with any public sale, rental or lease of any housing accommodation, it shall be unlawful within the City of Ashland for a person, owner, financial institution, real estate broker or real estate salesman, or any representative of the above, to: A. Refuse to sell, rent or lease, or deny to or withhold any housing accommodation from a person because of race, color, religion, national origin, disability, sex, sexual orientation, gender identity, source of income or familial status; or B. To discriminate against a person in the terms, conditions or privileges of the sale, rental or lease of any housing accommodation, or in the furnishing of facilities of services in connection therewith; or C. To represent to a person that any housing accommodation is not available for inspection, sale, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation on the open market because of race, color, religion, or national origin, disability, sex, sexual orientation, gender identity, source of income, or familial status; or D. To make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, rental, lease or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to make a discrimination. E. To retaliate or discriminate in any manner against a person because that person has opposed a practice declared unlawful by this article, or because that person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this ordinance; or F. Inquire into the sexual orientation of a purchaser, renter, or lessee, or prospective purchaser, renter or lessee. (Ord 2746, 1994) G. A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. SECTION 10.110.040 Exemptions. A. This ordinance shall not apply to: 1. A religious organization, association, or society or any nonprofit institution or organization operating, supervised, or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, rental, or occupancy, of dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or which gives preference to such persons, unless membership in such a religion is restricted on account of race, color, sex, sexual orientation, national origin, disability or familial status. 2. A private club not in fact open to the public, which as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, and which limits the rental or occupancy of such lodgings to its members or gives preference to its members. 3. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than two (2) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as a personal residence.The leasing or renting of a room or rooms within an individual living unit which is owned by the lessor as his or her primary residence. B. The requirements of this ordinance on prohibition of discrimination on the basis of familial status shall not apply to: 1. Dwellings provided under any State or Federal program specifically designed to assist older persons, or to dwellings in bona fide retirement communities designed and operated for older persons or dwellings otherwise intended and operated exclusively for older persons, equipped with facilities specifically designed for the physical and social needs of such persons. 2. Applicability of reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling unit. 3. Any housing provided, owned or operated by the State or Federal Government. 4. Any housing unit of less than four hundred (400) square feet gross floor area. C. The prohibitions in section 10.011.020 against discrimination on the basis of sexual orientation and gender identity do not apply to; 1. To the leasing or renting of a room or rooms within an individual living unit which is occupied by the lessor as his or her residence. 2. To the leasing or renting of a room or rooms within individual units where one of the units is owner occupied; 3. To space within a church, temple, synagogue, religious school, or other facility used primarily for religious purposes. D. The prohibitions in section 10.011.020 against discriminating on the basis of source of income do not prohibit: 1. Inquiry into and verification of a source or amount of income; 2. Inquiry into, evaluation of, and decisions based on the amount, stability, security or creditworthiness of any source of income; 3. Screening prospective purchasers and tenants on bases not specifically prohibited by this chapter or state or federal law; 4. Refusal to contract with a governmental agency under 42 U.S.C. 1437f(a) “Section 8”. E. The prohibitions in section 10.011.020 against discriminating on the basis of gender identity don not prohibit: 1. Health or athletic clubs or other entities that operate gender-specific facilities involving public nudity such as showers and locker rooms, from requiring an individual to document their gender or transitional status. Such documentation can include but is not limited to a court order, letter from a physician, birth certificate, passport, or driver’s license. SECTION 10.110.050 Procedures. Any person aggrieved by an unlawful practice prohibited by this ordinance may file a complaint with the Fair Housing Officer no more than sixty (60) daysone year after the alleged unlawful practice occurred. The Fair Housing Officer or a duly authorized representative shall investigate each complaint and attempt to resolve each complaint. Failure to achieve a resolution acceptable to both parties and compliance with this ordinance shall cause the Fair Housing Officer to forward the complaint and findings to appropriate state and federal officials. The Fair Housing Officer may also file a complaint with the Ashland Municipal Court as provided in Section 10.110.070. SECTION 10.110.060 Enforcement and Administration A. Enforcement of all or any part of this Chapter shall be governed by the procedures established in ORS Chapter 659A. Rules and proceedures adopted by the City Attorney pursuant to Section 10.110.050 of this Chapter may also be used to implement enforcement and administration of this Chapter. B. Any person claiming to be aggrieved by conduct constituting an unlawful practice pursuant to ORS Chapter 659A may file a complaint with the commissioner as provided in ORS 659A.820, ORS 659A.890 or, subject to ORS 659A.870, ORS 659A.885. C. The Commissioner may proceed to investigate and enforce complaint as provided in ORS659A.800 to 659A.860. D. Any order issued by the Commissioner of the Bureau of Labor and Industries under Chapter 10.110 shall be deemed as one issued by a municipal judge and shall be fully enforceable by the City. E. Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this code shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate. Election of remedies and other procedural issues relating to the interplay between administrative proceedings and private rights of action shall be handled as provided for in ORS 659A.870. 659A.885 and 659A.890. The court may grant such relief as it deems appropriate, including but not limited to such relief as is provided in ORS 659A.885. SECTION 10.110.070 Authority of City Attorney to adopt rules. A. The City Attorney is hereby authorized to adopt rules, procedures and forms to assist in the implementation of the provisions of this Chapter. B. Any rule adopted pursuant to this Section shall require a public review process. Not less than ten nor more than thirty days before such public review process, notice shall be given by publication in a newspaper of general circulation. Such notice shall include the place, time and purpose of the public review process and the location at which copies of the full text of the proposed rules may be obtained. C. During the public review, a designee of the City Attorney shall hear testimony or receive written comment concerning the proposed rules. The City Attorney shall review the recommendation of his or her designee, taking into consideration the comments received during the public review process, and shall either adopt the proposal, modify or reject it. If a substantial modification is made, additional public review shall be conducted, but no additional notice shall be required if such additional review is announced at the hearing at which the original comments are received. D. Unless otherwise stated, all rules shall be effective upon adoption by the City Attorney and shall be filed in the office of the City Recorder. E. Notwithstanding paragraphs B and C of this Section, an interim rule may be adopted without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties. The finding shall state the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a period of not longer than 180 days. SECTION 10.110.060SECTION 10.110.080 Other remedies. Nothing herein contained shall prevent any person from exercising any right or seeking any remedy to which such person might otherwise be entitled or from filing a complaint with any appropriate governmental agency. SECTION 10.110.070SECTION 10.110.090 Penalties. Any person violating or causing the violation of any provision of this ordinance has committed an infraction, and, upon conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code. Such person is guilty of a separate violation for each and every day the violation continues. SECTION 10.110.080 SECTION 10.110.100 Severability of invalid provisions. In case any one or more of the sections, subsections, clauses, or provisions of this ordinance, or the application of such sections, subsections, clauses or provisions to any situations, circumstances, or person, shall for any reason be held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect any other sections or provisions of this ordinance or the application of such sections, subsections, clauses or provisions to any other situation, circumstance or person, and it is intended that this ordinance shall be constructed and applied as if such had not been included in this ordinance. (Ord. 2527, 1989; Ord. 2713, 1993)