HomeMy WebLinkAbout2012-11-27_Planning PACKET
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not allowed after the Pubblic Hearing is cclosed.
ASSHLAND PLAANNING COMMMISSION
SPECCIAL MEETINNG
NOVEMMBER 27, 20012
AAGENDA
I. CALL TO ORDER:
7:00 PM, Ciic Center Cuncil Chambers, 1175 E. Main Street
vvoo
II.. ANNOOUNCEMENTTS
IIII. PUBLIC FORUM
IVV. TYPE II PUBLIC HEARING
A. PLLANNING ACCTION: #20122-01321
SUUBJECT PROOPERTY: 6222 Drager
APPPLICANT: GGil Livni
DEESCRIPTIONN: A request ffor a Solar AAccess Variannce for the pproperty locaated at 622
Drrager Street. The propertty to the nortth is under thhe same ownnership and hhas agreed tto
thee proposed sshading. COOMPREHENSIVE PLAN DEESIGNATIONN: Single Fammily
Reesidential; ZOONING: R-1-5; ASSESSOOR’S MAP #: 39 1E 14BB;; TAX LOT #:: 1300.
\[CContinued froom Novembeer 13, 2012 MMeeting – Pubblic Hearingwill be re-oppened\]
V. DISCUUSSION ITEMMS
A. Unnified Land UUse Ordinancce Project
• Review oof Part III: Sppecial Districcts
• Continueed discussioon of potentiaal amendmennts from Parrt II Zoning RRegulations (ARUs,
Commercial Buildingg Heights, Seetbacks fromm Residential Zones)
VI. ADJOURNMENT
Inn compliance wwith the Americaans with Disabilities Act, if you need special assistance to participate in this meeting, please
coontact the Commmunity Develoopment office aat 541-488-53055 (TTY phone is 1-800-735-22900). Notificattion 48 hours pprior to the
mmeeting will enaable the City to make reasonaable arrangemeents to ensure aaccessibility to the meeting (228 CFR 35.1022-35.104
ADDA Title 1).
TYPE II
CONTINUED PUBLIC HEARING
_________________________________
PA-2012-01321
622 Drager
ASHLAND PLANNING DEPARTMENT
STAFF REPORT ADDENDUM
November 27, 2012
PLANNING ACTION:
2012-01321
APPLICANT:
Magnolia Investments LLC
Urban Development Services
LOCATION:
622 Drager Street
ZONE DESIGNATION:
R-1-5
COMPREHENSIVE PLAN DESIGNATION:
Single Family Residential
APPLICATION DEEMED COMPLETE:
November 5, 2012
120-DAY TIME LIMIT:
March 5, 2013
ORDINANCE REFERENCE:
18.20 Single Family Residential District
18.70 Solar Access
REQUEST:
A request for a Solar Access Variance for the property located at 622 Drager Street.
The property to the north is under the same ownership, and has agreed to the proposed shading.
I. Relevant Facts
Background
On November 13, 2012, the Planning Commission heard testimony from staff and the
applicant regarding a solar variance for the property located at 622 Drager Street. At this
th
hearing, the Commission decided to continue the request to the November 27 study Session
in order to have the applicant submit revised illustration showing the actual shadow
produced on the south wall of the adjacent property to the north.
Description of Requested Illustration
The applicant has provided an illustration depicting the limit of shadow produced from the
proposed home onto the south facing wall of the adjacent structure to the north. The image
provided is at a 1:1/4 scale when printed on 11 by 17 paper. Given this scale, staff estimates
the proposed home will cast a shadow approximately seven feet above grade on the south
facing wall on the home to the north.
Planning Action PA-2012-01321 Ashland Planning Department – Staff Report Addendum/MP
Applicant: Magnolia Investments LLC Page 1 of 2
II. Project Impact
In the previous meeting, a question was raised as to the limit of shading that will occur on to
the adjacent home north, 664 Drager, which is under construction. The building permit for
664 Drager indicates the home has three-foot eaves, thus shading the south elevation, and
subsequently the two small windows located in the garage, by approximately four feet. The
shadow cast by the proposed home on the subject property overlaps the shadow cast by the
three foot eaves by approximately two feet.
As demonstrated on the applicants exhibit 2012-002, the amount of shading produced by the
proposed home in negated by the shadow cast by the three-foot eaves. In staff’s opinion, the
shadow cast by the proposed home falls with the shadow cast by the eaves.
III. Procedural - Required Burden of Proof
Approval criteria for a Solar Waiver are described in AMC 18.70.060.B.2 as
follows:
a. The variance does not preclude the reasonable use of solar energy on the site by future buildings;
b. The variance does not diminish any substantial solar access which benefits a habitable structure on an
adjacent lot;
c. There are unique or unusual circumstances which apply to this site which do not typically apply
elsewhere.
IV. Conclusions and Recommendations
Should the Commission make such a finding and approve the Variance request, staff would
recommend that the following conditions be attached to the approval:
1.That all proposals of the applicant shall be conditions of approval unless otherwise
modified herein.
2.That the plans submitted for the building permit shall be in substantial conformance with
those approved as part of this application. If the plans submitted for the building permit
are not in substantial conformance with those approved as part of this application, an
application to modify the Solar Access Waiver Variance approval shall be submitted and
approved prior to issuance of a building permit.
3.That the applicant’s subsequent retaining wall on the north property boundary shall be
limited to two feet above existing natural grade.
Planning Action PA-2012-01321 Ashland Planning Department – Staff Report Addendum/MP
Applicant: Magnolia Investments LLC Page 2 of 2
DISCUSSION ITEM
_________________________________
Unified Land Use Ordinance Project
Memo
DATE: Novembeer 27, 2012
TO:AshlandPlanning Coommission
FROM:Maria Haarris, Planninng Manager
RE:
Unified LLand Use Orrdinance Prooject
Part 3 – SSpecial Distrricts and Ovverlay Zones
SSUMMARYY
TThe first drafft of Part 3 SSpecial Distrricts and Oveerlay Zones of the unifieed ordinancee is attached for the
PPlanning Commmission reeview and discussion.
DDRAFT PART 2 – ZONNING REGGULATIONS
QQUESTION: Does the PPlanning Commmission haave commennts on Part 3 Special Disttricts and Ovverlay
ZZones of the unified ordiinance?
BBACKGROUUND: Part 33 covers the special distrricts and oveerlay zones. The speciall districts (i.ee.
CCroman Milll, Health Carre Services, North Mounntain Neighbborhood and SouthernOOregon Univeersity)
aare based on special areaa plans that wwere developped to address discrete ggeographic areas. The ovverlay
zzones are reggulatory toolls that encommpass one orr more underrlying zones and imposee additional
rrequirementss beyond thoose required for the undeerlying zone.. Overlay zoones deal with special sittuations
oor site characcteristics thaat do not appply to all of aa specific zonning district or apply to several distrricts.
FFor example, the Freewaay Sign Zonee applies to aa relatively ssmall piece oof the commmercial zone, and the
ccreeks and wwetlands coveered by the WWater Resouurce Protectiion Zones chhapter are located througghout the
ccommunity. The materiial consolidaated and refoormatted in PPart 3 is fromm the followwing chapterss in the
eexisting codee.
Chaapter 18.53 CCM Croman Mill
Chaapter 18.54 HHC Health Care Servicess Zone
Chaapter 18.30 NNM North MMountain Neiighborhood
Chaapter 18.64 SSouthern Oreegon Universsity
Chaapter 18.56 OOverlay Zonees
Section18.56.030AAirport Overllay
oo
Section18.56.040 PPP Pedestriann Places Oveerlay
oo
Section18.56.050RR Residentiall Overlay
oo
Chaapter 18.96 SSign Regulations – Sectioon 18.96.1000 Freeway SSign Zone
Chaapter 18.88 PPerformance StandardsOOptions
Chaapter 18.62 PPhysical and Environmenntal Constraiints
Page2 of 3
Chapter 18.63 Water Resource Protection Zones
Chapter 18. 72 Site Design and Use Standards (Detail, Downtown and Historic Design
Standards)
The draft of Part 3 is attached, as well as the Unified Ordinance Outline. Part 3 has mostly been a
consolidation and reformatting effort, and includes limited changes to content. The amendments to the
ordinance that change the content or add new sections are covered in comment boxes.
SUMMARY OF AMENDMENTS: The potential amendments that are substantive in nature are
summarized below.
Affordable Housing Density Bonus -
see p 3-61, 18-3.8.040.B.4
For housing projects in the multi-family zones (R-2 and R-3) and for subdivisions developed
under the Performance Standards Options (Chapter 18.88), the current ordinance allows for an
equivalent increase in density for every percent of units that are affordable. The 2006 Land Use
Ordinance Review recommends doubling the density bonus for affordable housing to provide a
greater incentive for affordability. In the attached draft as well as in Part 2 that was reviewed by
the Commission at the November 13 meeting, this change has been made.
Exception to the Street Standards
– see pp 3-63, 18-3.8.050.F
The Exception to the Street Standards criteria and process are included in the current ordinance.
Staff has suggested adding performance measures for transit, bicycle and pedestrian facilities to
consider when making a decision as to whether “the exception will result in equal or superior
transportation facilities and connectivity.”
Lot Coverage in Subdivision Using the Performance Standards Option
see p 3-64, 18-3.8.070.F
Language is added for subdivisions that are developed under the performance standards option
which specifies that lot coverage can either be calculated for each individual lot or for the entire
site. This approach has been used historically, but is not explicitly stated in the current
ordinance.
Hillside Development Building Step-Back
–
see p 3-83, 18-3.9.070.E.2.c
Currently, the code requires a building step
back of at least six feet in depth on downhill
building walls that are greater than 20 feet in
height (see graphic). Language is added
specifying that decks that project out from the
building do not qualify as the required
building step back.
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Page3 of 3
Upper Story Projections into Water Resource Protection Zone
see p 3-99, 18-3.10.050.A.3.b
Currently, the code allows buildings located within the water resource protection zone
(“nonconforming structures”) to add additional stories if the building footprint is not changed in
size. Language is added specifying that the upper stories of the building, including decks, shall
not project beyond the building footprint over the water resource protection zone.
Mowing and Vegetation Thinning in Wetlands for Fire Prevention –
p 3-102, 18-
3.10.050.C.1
Currently, the code allows perimeter mowing or thinning vegetation for fire hazard prevention
within the wetland buffer as an exempt activity. Language is added that allows going beyond the
perimeter and into the wetland if the vegetation removal is part of an approved wetland
mitigation plan, or if it can be demonstrated there will not be removal of native vegetation.
Tree Protection Fencing in Water Resource Protection Zones
p 3-101 and 3-102, 18-3.10.050.B.3 and 18-3.1.050.C.2
Currently, the code does not address temporary tree protection fencing that is required by the
City’s Tree Preservation and Protection standards to be located in the water resource protection
zones . Language is added allowing temporary fencing for tree protection when it is required in
conjunction with a development.
ITEMS IN PROCESS FOR NEXT DRAFT:
Staff is working on the density bonus sections in various sections of the code for the next draft of Part 3
Special Districts and Overlay Zones. Staff would appreciate any feedback the Planning Commission has
on these items.
Density Bonus Consistency –
Currently there are differences between the amount of density
bonus allowed for developments in the multi-family zones (R-2 and R-3), and the amount
allowed for a subdivision using the Performance Subdivision option. For example, the existing
code allows a maximum density bonus of 40% for development in the multi-family zones, and a
maximum of 60% for subdivisions developed under the Performance Standards Option. For the
next draft, staff will be researching the sections and potentially recommending coordination and
consistency.
ATTACHMENTS
1.Title 18 – Part 3 – Special Districts and Overlay Zones
2.Unified Ordinance Outline
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
TITLE18ΑPART3ΑSPECIALDISTRICTSANDOVERLAYZONES4
Chapter183.1SpecialDistrictandOverlayZonePurposeandAdministration5
Chapter183.2CromanMillDistrict6
Chapter183.3ȟHealthCareServices26
Chapter183.4ȟNorthMountainNeighborhood28
Chapter183.5ȟSouthernOregonUniversityDistrict42
Chapter183.6AirportOverlay44
Chapter183.7FreewaySignOverlay45
City of Ashland 3-1 Module 1 - Draft #2 - September 2012
Land Use Ordinance
Chapter183.8ȟPerformanceStandardsOptionandPSOOverlay46
Chapter183.9PhysicalandEnvironmentalConstraintsOverlay57
Chapter183.10WaterResourcesProtectionZones(Overlays)77
Chapter183.11ȟSiteDevelopmentandDesignOverlays98
City of Ashland 3-2 Module 1 - Draft #2 - September 2012
Land Use Ordinance
Chapter183.12ResidentialOverlay102
City of Ashland 3-3 Module 1 - Draft #2 - September 2012
Land Use Ordinance
TITLE 18 Ï PART 3 Ï SPECIAL DISTRICTS AND OVERLAY
ZONES
Chapters:
18-3.1 Special District and Overlay Zone Purpose and Administration
18-3.2 Croman Mill District (CM)
18-3.3 Health Care Services District (HC)
18-3.4 North Mountain Neighborhood District (NM)
18-3.5 Southern Oregon University District (SOU)
18-3.6 Airport Overlay (A)
18-3.7 Freeway Sign Overlay (FS)
18-3.8 Performance Standards Options Overlay (PSO)
18-3.9 Physical and Environmental Constraints Overlays (PEC)
18-3.10 Water Resource Overlay (W)
18-3.11 Site Development and Design Overlays (SDD)
18-3.12 Residential Overlay (R)
Article 18-3 reorganizes and reformats Ashland’s special zoning districts and overlays without
Comments:
changing the regulations.
City of Ashland 3-4 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-2.1 – Zoning Regulations – General Provisions
Chapter 18-3.1 Special District and Overlay Zone Purpose and Administration
Similar to 18-2.1, chapter 18-3.1 carries forward the current Chapter 18.12 Districts and
Comment:
Zoning Map specifically as it relates to the special districts and overlay zones.
18-3.1.010 Purpose
Section 18-3.1.010 establishes the connection between the special districts and overlay
Comment:
zones, and the Ashland Comprehensive Plan.
Chapter 18-2.1 establishes zoning districts pursuant to the City of Ashland Comprehensive Plan. Every parcel,
lot, and tract of land within the City of Ashland is designated with a zoning district. The use of land is limited to
the uses allowed by the applicable zoning district.
18-3.1.020 Zoning Map and Classification of Special Districts and Overlays
Section 18-3.1.020 is currently covered in 18.12.020 Classification of Districts, and the content
Comment:
is the same as the current ordinance.
For the purpose of this ordinance, the City is divided into zones designated and depicted on the City of Ashland
Zoning Map, pursuant to the City of Ashland Comprehensive Plan Map, and summarized in Table 18-2.1.020.
18-3.1.030 Applicability of Special District and Overlay Regulations
Part 18-3 applies to properties with base zone, special district, and overlay zone designations summarized in
Table 18-2.1.040.
City of Ashland 3-5 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
Chapter 18-3.2 Croman Mill District
Sections:
18-3.2.010 Purpose
18-3.2.020 Applicability
18-3.2.030 General Requirements
18-3.2.040 Use Regulations
18-3.2.050 Dimensional Regulations
18-3.2.060 Site Development and Design Standards
18-3.2.070 Open Space Overlay
The following carries forward and edits the existing provisions of 18.53 and CM Site Design
Comment:
and Use Standards, with no substantive changes. Existing graphics, maps, and reformatted tables will be
provided in the final draft. Croman Mill District definitions are relocated to 18-6.
18-3.2.010 Purpose
The purpose of this section is to implement the Croman Mill Site Redevelopment Plan. The district is designed
to provide an environment suitable for employment, recreation and living. The CM district is a blueprint for
promoting family-wage jobs, professional office and manufacturing commerce, neighborhood-oriented
businesses, mixed-use projects and community services in a manner that enhances property values by providing
transportation options and preserving significant open spaces while minimizing the impact on natural resources
through site and building design.
18-3.2.020 Applicability
: This section replaces 18.53.070 Applicability of Other Sections of the Land Use Ordinance.
Comment
This chapter applies to properties designated as CM on the City of Ashland Zoning Map, and pursuant to the
Croman Mill District Plan maps adopted by Ordinance #3031 (August, 2010). Development located within the
Croman Mill (CM) district is required to meet all applicable sections of this ordinance, except as otherwise
provided in this chapter; where the provisions of this chapter conflict with comparable standards described in
any other ordinance, resolution or regulation, the provisions of the CM district shall govern.
18-3.2.030 General Requirements
A. Conformance with the Croman Mill District Plan.Land uses and development, including buildings,
parking areas, streets, bicycle and pedestrian access ways, multi-use paths and open spaces shall be located
in accordance with those shown on the Croman Mill District Plan maps adopted by Ordinance #3031.
B. Amendments.Major and minor amendments to the Croman Mill District Plan shall comply with the
following procedures:
1. Major and Minor Amendments
City of Ashland 3-6 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
a. Major amendments are those that result in any of the following:
i. A change in the land use overlay to CI Compatible Industrial or OE Office Employment.
ii. A modification to the street layout plan that necessitates a street or other transportation facility
to be eliminated.
iii. A change not specifically listed under the major and minor amendment definitions.
b. Minor amendments are those that result in any of the following:
i. A change in the Plan layout that requires a street, access way, multi-use path or other
transportation facility to be shifted more than twenty-five (25) feet in any direction, as long as
the change maintains the connectivity established by the Croman Mill District Plan.
ii. Changes related to street trees, street furniture, fencing or signage.
iii. A change in the design of a street in a manner inconsistent with the Croman Mill District
Standards.
iv. A modification of a driveway access location in a manner inconsistent with the Croman Mill
District Standards.
v. A site layout, landscaping or building design which is inconsistent with the Croman Mill District
Standards.
vi. A change to an area allocation for special permitted uses in section 18-3.2.040.B.
vii. A change in a dimensional standard requirement in section 18-3.2.050, but not including height
and residential density.
2. Major Amendment Ï Type II Procedure. A major amendment to the Croman Mill District Plan is subject
to a public hearing and decision under a Type II Procedure. A major amendment may be approved upon
the hearing authority finding that:
a. The proposed modification maintains the connectivity established by the district plan, or the
proposed modification is necessary to adjust to physical constraints evident on the property, or to
protect significant natural features such as trees, rock outcroppings, wetlands, or similar natural
features, or to adjust to existing property lines between project boundaries;
b. The proposed modification furthers the design, circulation and access concepts advocated by the
district plan; and
c. The proposed modification will not adversely affect the purpose and objectives of the district plan.
3. Minor Amendment Ï Type I Procedure. A minor amendment to the Croman Mill District Plan is subject
to an administrative decision under the Type I Procedure. Minor amendments shall not be subject to the
Administrative Variance from Site Design and Use Standards of chapter 18-5.2. A minor amendment
may be approved upon finding that granting the approval will result in a development design that equally
or better achieves the stated purpose of this chapter, objectives of specific Croman Mill District
Standards, and guiding principles of the Croman Mill Site Redevelopment Plan.
City of Ashland 3-7 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
18-3.2.040 Use Regulations
A. Generally.Uses and their accessory uses are permitted, special permitted or conditional uses in the
Croman Mill District as listed in the Land Use Table.
City of Ashland 3-8 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
B. Special Permitted Uses. The following uses and their accessory uses are special permitted uses as listed
in the Land Use Table and are subject to the requirements of this section and the requirements of chapter
18-5.2, Site Design and Use Standards.
1. Residential Uses. Residential uses provided the following standards are met.
a. The ground floor area shall be designated for permitted or special permitted uses, excluding
residential.
b. Residential densities shall not exceed the densities in section 18-3.2.050. For the purposes of density
calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a
unit.
c. Residential uses shall execute a hold harmless covenant and agreement stating they shall not protest
impacts from commercial and industrial uses within the district.
2. Temporary Employee Housing. Residential units for use by persons employed within the facility and
their families when the following standards are met.
a. Employee Housing densities shall not exceed two units per acre. For the purposes of density
calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a
unit.
b. The employee housing shall be in conjunction with a permitted or special permitted use on the
property.
c. Units shall be restricted by covenant to be occupied by persons employed by a business operating
City of Ashland 3-9 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
on the property.
3. Limited Commercial Services and Retail. Stores, restaurants, shops, child/day care facilities, and ancillary
employee services, when the following standards are met.
a. In the CI Compatible Industrial, MU Mixed Use and OE Office Employment overlays, a maximum of
15 percent of the gross floor area in a building may be used for any or a combination of the
following special permitted uses when the standards in this section are met: limited stores,
restaurants and shops; child or day care facilities; and ancillary employee services.
b. Limited Stores, Restaurants and Shops: In the MU Mixed Use overlay, the floor area shall be limited
to retail uses in conjunction with a permitted use.
c. Child or Day Care Facilities: Primary program activities are integrated into the interior of the
building.
d. Ancillary Employee Services: Developments may include ancillary employee services such as
cafeterias, fitness areas, or other supportive services generally intended to support the needs of
employees when the following standards are met.
i. The use is integrated into the interior of the building.
ii. The ancillary employee services shall be in conjunction with a permitted or special permitted
use on the property.
4. Professional, Financial, Business and Medical Offices in CI Overlay. Developments in the CI Compatible
Industrial overlay may include ancillary office uses to support the operations of a permitted use on-site
provided the maximum floor area dedicated for office uses shall not exceed 50 percent of the ground
floor area.
5. Kennels. Kennels when the following standards are met.
a. Kennels shall be located at least 200 feet from the nearest residential dwelling.
b All animals shall be boarded within a building at all times.
c. No noise or odor shall emanate outside the walls of the building used as a kennel.
d. A disposal management plan shall be provided demonstrating all animal waste will be disposed of in a
sanitary manner.
6. Manufacture, Assembly, Fabrication and Packaging in OE Overlay. Developments in the OE Office
Employment overlay may include ancillary manufacturing, assembly, fabrication and packaging uses to
support the operations of a permitted or special permitted use on-site when the following standards are
met.
a. The maximum floor area dedicated to manufacturing, assembly, fabrication and packaging shall be 50
percent of the ground floor area.
b. No outside space shall be used for the manufacturing, assembly, fabrication and packaging processes.
7. Limited Manufacturing Affiliated with a Retail Use. Manufacturing, assembly, fabrication or packaging
contiguous to and associated with a retail space, provided the maximum floor area dedicated to
City of Ashland 3-10 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
manufacturing occupies 1,000 square feet, or ten percent (10%) of ground floor area, whichever is less.
8. Warehouse and Similar Storage Facilities. Warehouse and similar storage facilities when the following
standards are met.
a. The maximum floor area dedicated for use as warehouse or similar storage uses in the OE and MU
overlays shall be 50 percent of the ground floor area.
b. Warehouse and storage facilities shall be provided only in conjunction with, and for the exclusive
use by, a permitted or special permitted use on the property.
c. Self-service mini-warehouses are prohibited.
d. No outside space shall be used for storage, unless approved as a limited outdoor storage area.
9. Limited Outdoor Storage. Limited outdoor storage associated with a permitted or special permitted use
when the following standards are met.
a. The maximum area dedicated to outdoor storage shall be 1,000 sq. ft. in the OE and MU overlay;
and 2,500 sq. ft. in the CI overlay, or 50 percent of the ground floor area of the building housing the
associated permitted or special permitted use, whichever is greater.
b. The outdoor storage shall be located behind or on the side of buildings, and shall be located so the
outdoor storage is the least visible from the street that is reasonable given the layout of the site.
c. The outdoor storage shall be screened from view by placement of a solid wood or metal fence, or a
masonry wall from five to eight feet in height.
d. The associated permitted use shall obtain a minimum of 50% of the employment density targets for
the Croman Mill District.
10. Public and Quasi-Public Utility Service Buildings. Public and quasi-public utility service buildings when the
following standards are met.
a. Facilities and structures that are accessory to a public park in the OS overlay, including but not
limited to maintenance equipment storage, enclosed picnic facilities, and restrooms.
b. Public and Quasi-Public utility service building relating to receiving and transmitting antennas and
communication towers are subject to the applicable provisions of 18-4.14.
c. Public and Quasi-Public utility service building shall demonstrate:
i. The need for the facility, present or future; and how the facility fits into the utility's Master Plan.
ii. The facility utilizes the minimum area required for the present and anticipated expansion.
iii. Compatibility of the facility with existing surrounding uses and uses allowed by the plan
designation.
11. Oregon Department of Transportation Maintenance Facility and Storage Yard. For the Oregon
Department of Transportation Ashland maintenance facility and storage yard located on property within
the NC overlay the following shall apply.
a. Buildings may be enlarged or replaced subject to Basic Site Review Standards.
City of Ashland 3-11 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
b. Are exempt from the Dimensional Regulations per 18-3.2.050 with the exception of minimum side
and rear yard setbacks abutting a residential district and maximum height.
c. Are exempt from the requirements of Part 18-4 Site Development and Design Standards, and the
requirements of 18-3.2.060 Croman Mill District Site Development and Design Standards.
18-3.2.050 Dimensional Regulations
The lot and building dimensions shall conform to the standards in Table 18-3.2.050.
Table183.2.050CromanMillDistrictDimensionalStandards
NCMUOECIOS
Max.ResidentialDensity(unitsperacre)1
Withoutbonus3015
Withbonus6030
MinimumLotSize(squarefeet)
20,00040,000
MinimumFrontage(feet)
50100100
MinimumLotWidth(feet)
50100100
YardSetback(feet)
Minimumyardabuttingastreet2222/102
Maximumyardabuttingastreet310101010
MinimumsideyardabuttingaResidentialzone1010
MinimumrearyardperstoryabuttingaResidential1010
zone
MinimumLandscapingCoverage(%site)
15%15%15%10%
Height 4
Minimumnumberofstories22225
Maximumheightwithoutbonus,stories/feet2.5/353/403/403/401/20
Maximumheightwithbonus,stories/feet64/504/505/755/75
SolarAccess:Thesolaraccesssetbackinchapter184.10SolarAccessdoesnotapplyintheCromanMillDistrict.
FrontageBuildOutonActiveEdgeStreet
minimum,percent65656565
MinimumFloorAreaRatio(FAR)7
0.600.600.600.50
1
Densityofthedevelopmentshallnotexceedthedensityestablishedbythisstandard.Densityshallbecomputedbydividingthetotal
numberofdwellingunitsbytheacreageoftheproject,includinglanddedicatedtothepublic.Fractionalportionsshallnotapplytoward
thetotaldensity.
2
MinimumyardinCIOverlayabuttinganActiveEdgeStreetistwofeet,minimumyardinCIOverlaynotabuttinganActiveEdgeStreetis
tenfeet
3
Maximumyardrequirementsshallnotapplytoentryfeaturessuchasalcoves,andtohardscapeareasforpedestrianactivitiessuchas
plazasoroutsideeatingareas.
4
Solarenergysystemsandparapetsmaybeerecteduptofivefeetabovethecalculatedbuildingheight,andnogreaterthanfivefeet
abovetheheightlimitedspecifiedbythedistrict.
5
Secondstoryshallbeaminimumof20%ofthegrossfloorarea.
6
IntheResidentialBufferZone,themaximumheightwithabonusis40feet.
7
PlazasandpedestrianareasshallcountasfloorareaforthepurposesofmeetingtheminimumFloorAreaRation(FAR).
City of Ashland 3-12 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
18-3.2.060 Site Development and Design Standards
The following carries forward and edits the existing Croman Mill District Design Standards
Comment:
(SDUS, Section VII), adopted 8/17/10, Ordinance 3031, Amended 12/16/11 by Ordinance 3053, with no
substantive changes. The existing graphics and maps will be incorporated in final draft.
A. Street Design and Access.The design and construction of streets and public improvements shall be in
accordance with the Ashland Street Standards, except as otherwise required for the following facilities
within the Croman Mill District. A change in the design of a street in a manner inconsistent with the
Croman Mill District Street Design Standards requires a minor amendment in accordance with section 18-
3.2.020.B.
1. Central Boulevard. The tree-lined boulevards along Siskiyou Boulevard and Ashland Street are an easily
identifiable feature of AshlandÔs boulevard network. Application of this street design to the Central
Boulevard will create a seamless boulevard loop, linking the Croman Mill district with downtown
Ashland. The Central Boulevard also serves as the front door to the Croman Mill district, creating a
positive first impression when entering the district. Options addressing the street configuration and
intersection geometry will be evaluated with the final design of the Central Boulevard.
2. Phased Street Plan. Build-out of the Central Boulevard can be accommodated through a phased
development plan.
a. Phase I implementation will require:
i. Maintain the existing Mistletoe Road alignment from Tolman Creek Road to the northwest
corner of the Croman Mill site.
ii. Include developer-constructed minor improvements to the existing portion of Mistletoe Road
such as a minimum six-foot wide sidewalk on the north side of the street, two 11-foot travel
lanes and the addition of a left-turn pocket at the intersection with Tolman Creek Road.
iii. A developer-constructed three-lane Central Boulevard from the northwest corner of the
district to Siskiyou Boulevard.
b. Phase II implementation will require:
i. Options addressing the street configuration and intersection geometry will be evaluated with
the final design of the Central Boulevard. Final street configuration may involve a modification in
the Central Boulevard cross section (e.g. delete on-street parking lanes) to address limitations
to right-of-way width (e.g. existing buildings).
ii. The alternative Central Boulevard location and realignment of Tolman Creek Road is contingent
upon property ownerÔs consent, and future sale and relocation of the existing ODOT
maintenance yard.
3. Tolman Creek Road Realignment. Additional traffic will be generated by the redevelopment of the
Croman Mill district. The alternative Central Boulevard location includes the realignment of Tolman
Creek Road with the Central Boulevard to discourage non-local through traffic in the Tolman Creek
neighborhood and in the Bellview School area. The modifications to the street network will preserve
neighborhood character and address impacts to the neighborhood by directing traffic away from the
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Land Use Ordinance
18-3.2 Ï Croman Mill District
neighborhood and Bellview School, and toward the Croman Mill district while maintaining access to
Tolman Creek Road for neighborhood-generated trips. Key elements of the realigned Tolman Creek
Road include:
a. Two through traffic lanes and a northbound turn lane.
b. New traffic signal.
c. Bike lanes.
d. Sidewalks separated from auto traffic by landscaping and canopy trees.
e. Landscaped neighborhood gateway.
f. Evaluation of the intersection alignment of local streets with Tolman Creek Road including Takelma
Way, Grizzly Drive and Nova Drive.
4. Local Commercial Streets. Local Commercial Streets provide district circulation to and from
employment uses, the Central Park and the neighborhood center.
5. Protected Bike Lane. The protected bike lane runs parallel to the Central Boulevard and connects with
the CityÔs existing Central Bike Path in two locations Ï adjacent to the Central Park and at the
neighborhood center. The design of the protected bike lane should include the following elements:
a. A grade-separated two-way colored bicycle lane buffered from on-street parking by landscaping.
b. A sidewalk separated from the bicycle lane by striping, bollard, grade separation or other
treatments.
c. Tabled intersections.
d. Elimination of auto right turns on red at intersections.
e. Incorporate rumble strips along the bike lane at the approaches to all intersections.
f. Signage, lighting or other treatments to alert drivers, pedestrians and riders approaching
intersections.
g. Consideration of a bikes-only signal phase at signalized intersections.
6. Multi-use Paths. The multi-use paths provide pedestrian and bicycle connections between the district
and adjacent neighborhood, employment and commercial areas. The plan includes extension of the
Central Bike Path and establishment of the Hamilton Creek Greenway trail. The Central Bike Path
extends the existing multi-use path along the southern edge of the CORP rail line within a 20-foot wide
dedicated easement, and serves as a viable commuter route and link to the downtown. The Hamilton
Creek Greenway trail provides access to the neighborhood center and an east/west connection across
the creek.
7. Accessways. The accessways are intended to balance circulation needs of pedestrians, bicycles and
vehicular access, and to preserve the grid that encourages development of a form that is of human scale
and proportion. The accessways would connect the Central Boulevard to the Central Bike Path and
allow for shared bicycle, travel lanes, optional on-street parking, and temporary loading zones as
necessary to serve development sites.
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18-3.2 Ï Croman Mill District
8. Limited Auto Access Streets. Developments abutting the Central Boulevard and the Central Park shall
not have curb cuts through the sidewalk and the protected bike lane on the Limited Auto Access
Streets as indicated on the Limited Access Streets map. A modification of a driveway access location in a
manner inconsistent with the Croman Mill District Standards requires a minor amendment in
accordance with section 18-3.2.020.B.
9. Access Ï General Standards. Street and driveway access points in the Croman overlay zones shall be
limited to the following.
a. Distance Between Driveways.
On Collector Streets Ï 75 feet
On Local Streets and Accessways Ï 50 feet
b. Distance from Intersections
On Collector Streets Ï 50 feet
On Local Streets and Accessways Ï 35 feet
10. Shared Access. All lots shall provide a shared driveway aisle to abutting parking areas that is at least 20
feet in width. The applicant shall grant a common access easement across the lot. If the site is served by
a shared access or alley, access for motor vehicles must be from the shared access or alley and not from
the street frontage.
11. On-Street Parking. On-street parallel parking may be required along the Central Boulevard and local
streets as indicated on the On-Street Parking map. If on-street parking is required on streets identified
on the On-Street Parking map, angled parking and loading zones are prohibited on these streets.
Options addressing the street configuration will be evaluated with the final design of the streets
identified on the On-Street Parking map.
B. Site and Building Design Standards.The Croman Mill District Design Standards provide specific
requirements for the physical orientation, uses and arrangement of buildings; the management of parking;
and access to development parcels. Development located in the Croman Mill District shall be designed and
constructed consistent with the following Design Standards. Additional design standards apply and are
specified for developments located adjacent to an Active Edge Street, or that are located within the NC, MU
and OE overlay zones. A site layout, landscaping or building design in a manner inconsistent with the
Croman Mill District Design Standards requires a minor amendment in accordance with section 18-
3.2.020.B.
The following is reorganized to clarify the building standards applicable to Active Edge
Comment:
Streets. The requirements currently under “Orientation” and “Streetscapes” are consolidated here.
1. Building Orientation and Scale Ï General Requirements. The following standards apply to all buildings,
except the Staff Advisor may waive one or more of the following where a building is not adjacent to an
Active Edge Street and is not accessed by pedestrians, such as warehouses and industrial buildings
without attached offices.
a. Buildings shall have their primary orientation toward the street rather than the parking area.
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18-3.2 Ï Croman Mill District
Building entrances shall be oriented toward the street and shall be accessed from a public sidewalk.
b. All front doors must face streets and walkways. Where buildings are located on a corner lot, the
entrance shall be oriented toward the higher order street or to the lot corner at the intersection of
the streets.
d. Buildings on corner lots shall be located as close to the intersection corner as practicable.
e. Public sidewalks shall be provided adjacent to a public street along the street frontage.
f. Building entrances shall be located within ten feet of the public right of way to which they are
required to be oriented. Exceptions may be granted for topographic constraints, lot configuration,
designs where a greater setback results in an improved access or for sites with multiple buildings
where this standard is met by other buildings. The entrance shall be designed to be clearly visible,
functional and shall be open to the public during all business hours.
g. Automobile circulation or parking shall not be allowed between the building and the right-of-way.
h. Buildings shall incorporate lighting and changes in mass, surface or finish giving emphasis to
entrances.
2. Building Orientation and Scale Ï Additional Requirements Adjacent to Active Edge Street or Within NC,
MU or OE Overlay. Where development is adjacent to an Active Edge Street or is within a NC, MU or
OE overlay, it shall conform to the following:
a. Buildings shall be setback not more than ten (10) feet from a public sidewalk unless addition setback
area is used for pedestrian entries, such as alcoves, or for pedestrian activities such as plazas or
outside eating areas. This standard shall apply to both street frontages on corner lots. If more than
one structure is proposed for a site, at least 65% of the aggregate building frontage shall be within
ten (10) feet of the sidewalk.
b. Building frontages greater than 100 feet in length shall have offsets, jogs or have other distinctive
changes in the building façade.
c. Buildings shall incorporate arcades, roofs, alcoves, porticoes and awnings that protect pedestrians
from the rain and sun.
d. Buildings shall incorporate display areas, windows and doorways as follows. Windows must allow
view into working areas or lobbies, pedestrian entrances or displays areas. Blank walls within 30 feet
of the street are prohibited.
e. At least 50% of the first-floor façade is comprised of transparent openings (clear glass) between
three and eight feet above grade.
3. Building Orientation for Within the NC, MU and OE Overlays and Not Adjacent to an Active Edge
Street. Any wall that is within 30 feet of the street, plaza or other public open space shall contain at
least 20% of the wall area facing the street in display areas, windows, or doorways. Up to 40% of the
length of the building perimeter can be exempted for this standard if oriented toward loading or service
areas.
4. Parking Areas and On-site Circulation. Except as otherwise required by this chapter, automobile
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Land Use Ordinance
18-3.2 Ï Croman Mill District
parking, loading and circulation areas shall comply with the requirements of chapter 18-4 Site
Development and Design Standards and the following standards:
a. Primary parking areas shall be located behind buildings with limited parking on one side of the
building, except that parking shall be located behind buildings only where development is adjacent to
an Active Edge Street or is within a NC, MU or OE overlay.
b. Parking areas shall be shaded by deciduous trees, buffered from adjacent non-residential uses and
screened from non-residential uses.
c. Maximum On-Site Surface Parking. After a parking management strategy for the Croman Mill
District is in place, a maximum of 50% of the required off-street parking can be constructed as
surface parking on any development site. The remaining parking requirement can be met through
one or a combination of the credits for automobile parking in chapter 18-4.4.
5. Streetscapes. One street tree chosen from the street tree list shall be placed for each 30 feet of
frontage for that portion of the development fronting the street. Street trees shall meet the standards of
chapter 18-4.5 Landscaping and Screening. Developments adjacent to Active Edge Streets, or Within
NC, MU and OE Overlays, shall utilize hardscapes (paving material) to designate ÑpeopleÒ areas. Sample
materials could be unit masonry, scored and colored concrete, pavers or combinations of these
materials.
6. Building Materials. Buildings may not incorporate glass as a majority of the building skin, and bright or
neon paint colors used extensively to attract attention to the building or use are prohibited.
All buildings shall have a minimum height, as indicated in the Building Height
7. Building Height Standards.
Requirements Map and Table 18-3.2.050 Croman Mill Dimensional Standards, and shall not exceed the
maximum height standards in that table, except as approved under subsection 18-3.2.060.C Green
Development Standards.
a. Street Wall Height: Maximum street wall façade height for the Croman Mill district for all structures
located outside the Residential Buffer Zone is 50 feet.
b. Upperfloor Setback: Buildings taller than 50 feet must step back upper stories, beginning with the
fourth story, by at least six feet measured from the façade of the street wall facing the street,
alleyway, public park or open space.
c. Residential Buffer Zone: All buildings in the Croman Mill District within the Residential Buffer Zone
shall meet the following height standards:
i. Maximum Height: The maximum height allowance without a performance standards bonus for
all structures within the Residential Buffer Zone is 35 feet in the NC overlay and 40 feet in the
MU, and the maximum height with a bonus is 40 feet in accordance with subsection 18-
3.2.060.C.13.
ii. Upper Floor Setback Requirements: Buildings taller than two stories must step back the third
story by at least six (6) feet measured from the façade facing the street, alleyway, public park or
open space.
8. Design of Large-Scale Buildings. Architectural Standards for Large Scale Buildings Located Adjacent to
City of Ashland 3-17 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
Active Edge Streets, or Within NC, MU and OE Overlays: The following architectural standards will
apply to all buildings with a gross floor area greater than 10,000 square feet, a façade length in excess of
100 feet or a height taller than 45 feet.
a. On upper floors, use windows and/or architectural features that provide interest on all four sides of
the building.
b. Use recesses and projections to visually divide building surfaces into smaller scale elements.
c. Use color or materials to visually reduce the size, bulk and scale of the building.
d. Divide large building masses into heights and sizes that relate to human scale by incorporating
changes in building masses or direction, sheltering roofs, a distinct pattern of divisions on surfaces,
windows, trees and small scale lighting.
e. On-site circulation systems shall incorporate a streetscape containing curbs, sidewalks, pedestrian-
scale light standards and street trees.
9. Landscaping. In addition to the requirements of chapter 18-4.5 Landscaping and Screening, development
shall conform to the following.
a. Efforts shall be made to save as many existing healthy trees and shrubs on the site as possible.
b. Landscaping design shall utilize a variety of low water use deciduous and evergreen trees and shrubs
and flowering plant species as described in subsection 18-4.5.__ Water Conserving Landscaping
Guidelines and Policies.
c. For developments in the CI Overlay and not adjacent to an Active Edge Street, buildings adjacent to
streets shall be buffered by landscaped areas at least ten (10) feet in width, unless the area is used
for entry features such as alcoves or as hardscape areas for pedestrian activities such as plazas or
outside eating areas.
d. Loading facilities shall be screened and buffered when adjacent to residentially zoned land.
e. Landscaping shall be designed so that 50% coverage occurs after one year and 90% coverage occurs
after five years.
f. Irrigation systems shall be installed to assure landscaping success.
10. Lighting. Development shall provide adequate lighting, including pedestrian-scale lighting not greater than
14 feet in height along pedestrian pathways. All lighting shall conform to chapter 18-4.6 Light and Glare.
11. Screening Mechanical Equipment. In addition to meeting the requirements of chapter 18-4.5 Landscaping
and Screening, all development shall conform to the following.
a. Screen rooftop mechanical equipment from public rights-of-way or adjacent residentially zoned
property through extended parapets or other roof forms that are integrated into the overall
composition of the building.
b. Parapets may be erected up to five feet above the calculated building height, and shall be no greater
than five feet above the height limit specified in the district in accordance with the Dimensional
City of Ashland 3-18 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
Standards Table in section 18-3.2.050.
c. Screen ground floor mechanical equipment from public rights-of-way and adjacent residentially
zoned property.
d. Solar energy systems are exempt from the standards of a-d, above. Additionally, rooftop solar
energy systems may be erected up to five (5) feet above the calculated building height, and shall be
no greater than five (5) feet above the height limit specified in the district in accordance Table 18-
3.2.050 Dimensional Standards.
e. Installation of mechanical equipment requires Site Review approval, unless otherwise exempted per
chapter 18-5.2.
12. Transit Facilities Standards. The location of planned transit routes within the Croman Mill District shall
be defined according to the Croman Mill District Transit Framework map in collaboration with the local
transit authority. Transit service facilities such as planned bus rapid transit facilities, shelters and pullouts
shall be integrated into the development application consistent with the following standards.
a. All Large Scale development located on an existing or planned transit route shall accommodate a
transit stop and other associated transit facilities unless the Director of Community Development
determines that adequate transit facilities already exist to serve the needs of the development; or
b. Provide the City with a bond or other suitable collateral ensuring satisfactory completion of the
transit facilities at the time transit service is provided to the development. Suitable collateral may be
in the form of security interest, letters of credit, certificates of deposit, cash bonds, bonds or other
suitable collateral as determined by the City Administrator.
13. Freight Rail Spur Easement Ï Compatible Industrial (CI)
a. A Rail Spur easement a minimum of 500 feet in length by 25 feet in width shall be set aside at the
approximate location presented on the Croman Mill District Transit Framework Map.
b. No buildings or permanent structures can be established within the spur easement so not to
preclude installation of a rail spur for freight loading and unloading.
c. Buildings adjacent to the reserve strip shall be designed and configured to permit loading and
unloading.
14. Commuter Rail Platform Easement Ï Neighborhood Commercial (NC)
a. A Commuter Rail Platform easement or designated railroad right-of-way a minimum of 400 feet in
length and 25 feet in width shall be set-aside at the approximate location presented on the Croman
Mill District Transit Plan Map.
b. No building or permanent structure shall be placed within the platform easement or in such a way
as to preclude installation of a commuter rail platform or planned bus rapid transit facility.
City of Ashland 3-19 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
c. Buildings adjacent to the reserve strip shall be designed and configured to permit loading and
unloading.
15. Transit Plaza. A location for the transit plaza shall be reserved between the commuter rail platform and
commercial uses along the Central Boulevard. The design of the plaza shall include the following
elements.
a. A passenger waiting, loading and unloading area.
b. Outdoor gathering space adjacent to commercial uses.
c. Accommodate the central bike path.
d. Conveniently located and secure bike parking.
16. Open Spaces Ï Central Park. The purpose of the Central Park is to serve as a public amenity and
accommodate the daily needs of employees (e.g. breaks, lunch time) as well as for special events that will
attract residents citywide. The Central Park design shall provide a minimum of the following elements.
a. Circulation through and around the park.
b. A centrally located hardscape area to accommodate large gatherings, and of no more than 50% of
the total park area.
c. Street furniture, including lighting, benches, low walls and trash receptacles along walkways and the
park perimeter.
d. Simple and durable materials.
e. Trees and landscaping that provide visual interest with a diversity of plant materials.
f. Irregular placement of large-canopy trees within passive areas adjacent to the Central Boulevard.
g. Eight-foot minimum sidewalk width and seven-foot minimum park row width.
h. Landscaped swales to capture and treat runoff.
i. Porous solid surfacing for at least 50% of the hardscape area, and paving materials that reduce heat
absorption (Solar Reflective Index (SRI) of at least 29).
17. Compact Development. New development shall provide a compact development pattern. This standard
is met where the site layout enables future intensification of development and changes to land use over
time, as applicable. The following measures shall be used to demonstrate compliance with this standard.
a. The development achieves the required minimum floor area ratio (FAR) and minimum number of
stories, or shall provide a shadow plan that demonstrates how development may be intensified over
time for more efficient use of land and to meet the required FAR and minimum number of stories;
and
b. Opportunities for shared parking are utilized.
C. Green Development Standards. The Croman Mill District Green Development Standards provide
specific requirements for the management of stormwater run-off, use and collection of recycled materials, solar
City of Ashland 3-20 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
orientation and building shading, and conserving natural areas. Development located in the Croman Mill District
shall be designed and constructed consistent with the following Green Development Standards. A site layout,
landscaping or building design in a manner inconsistent with the Croman Mill District Green Development
Standards requires a minor amendment in accordance with section 18-3.2.020.B.
Development plans shall preserve water quality, natural hydrology and habitat,
1. Conserve Natural Areas.
and preserve biodiversity through protection of streams and wetlands. In addition to the requirements
of chapter 18-3.10 Water Resources, conserving natural water systems shall be considered in the site
design through application of the following standards.
a. Designated stream and wetland protection areas shall be considered positive design elements and
incorporated in the overall design of a given project.
b. Native riparian plant materials shall be planted in and adjacent to the creek to enhance habitat.
c. Create a long-term management plan for on-site wetlands, streams, associated habitats and their
buffers.
2. Create Diverse Neighborhoods. Development plans shall use the following measures to encourage
diversity in the district by providing a balanced range of housing types that compliment a variety of land
uses and employment opportunities.
a. Differentiate units by size and number of bedrooms. For developments including more than four
dwelling units, at least 25% of the total units shall be designated as rental units.
b. Affordable purchase housing provided in accordance with the standards established by section 18-
2.5.080 Affordable Housing (Resolution 2006-13) for households earning at or below 80% of the
area median income shall apply toward the required percentage of rental housing per subsection ÓaÔ,
above.
c. Units designated as market rate or affordable rental units shall be retained as one condominium
tract under one ownership.
3. Design Green Streets. Development plans shall conform to the following standards for Green Streets.
Move definition of Green Streets from VIII-C-3 to Definitions chapter
Comment:
a. New streets shall be developed to capture and treat stormwater in a manner consistent with the
Croman Mill District Stormwater Management Plan Map, the City of Ashland Stormwater Master
Plan and Ashland Green Streets Standards.
b. All development served by planned Green Streets as designated on the Croman Mill District Green
Street Map shall accommodate said facilities by including the same in the development plan; and/or
c. Provide the City with a bond or other suitable collateral ensuring satisfactory completion of the
Green Street(s) at the time full street network improvements are provided to serve the
development. Suitable collateral may be in the form of security interest, letters of credit, certificates
of deposit, cash bonds, bonds or other suitable collateral as determined by the City Administrator.
4. Design Green Surface Parking. Development of parking areas shall conform to the standards of chapter
18-4.4 Parking and Loading, chapter 18-4.5 Landscaping and Screening, and the applicable provisions of
City of Ashland 3-21 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
this chapter. In addition, a maximum 25% of the project area shall be used for surface parking to
minimize the adverse environmental and microclimatic impacts of surface parking through design and
material selection.
5. Stormwater Management. Development shall reduce the public infrastructure costs and adverse
environmental effects of stormwater run-off by managing run-off from building roofs, driveways, parking
areas, sidewalks and other hard surfaces through implementation of the following standards.
a. Design grading and site plans to capture and slow runoff.
b. Use pervious or semi-pervious surfaces that allow water to infiltrate the soil.
c. Direct discharge storm water runoff into a designated green street and neighborhood storm water
treatment facilities.
d. Retain rainfall on-site through infiltration, evapotranspiration or through capture and reuse
techniques.
6. Recycling Areas. All developments in the Croman Mill District shall provide an opportunity-to-recycle
site for use of the project occupants, pursuant to the following standards.
a. Commercial developments having a solid waste receptacle shall provide a site of equal or greater
size adjacent to or with access comparable to the solid waste receptacle to accommodate materials
collected by the local solid waste franchisee under its on-route collection program for purposes of
recycling.
b. All newly constructed residential units, either as part of an existing development or as a new
development, shall provide an opportunity-to-recycle site in accord with the following standards.
i. Residential developments not sharing a common solid waste receptacle shall provide an
individual curbside-recycling container for each dwelling unit in the development.
ii. Residential developments sharing a common solid waste receptacle shall provide a site of equal
or greater size adjacent to or with access comparable to the common solid waste receptacle to
accommodate materials collected by the local solid waste franchisee under its residential on-
route collection program for purposes of recycling.
c. Both opportunity-to-recycle sites and common solid waste receptacles shall be screened by fencing
or landscaping, such as to limit the view of such facilities from adjacent properties or public rights-
of-way. Such screening shall consist of placement of a solid wood, metal, or masonry wall from five
(5) to eight (8) feet in height. All refuse and recycle materials shall be contained within the refuse
area.
7. Minimize Construction Impacts. Construction activity shall minimize pollution and waste generation
through the following measures.
a. Develop and implement an erosion and sediment control plan to reduce pollution from construction
activities by controlling soil erosion, waterway sedimentation and airborne dust generation in
accordance with Ashland Public Works Standards. The erosion and sediment control plan shall be
submitted with the final engineering for public improvements and building permits.
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18-3.2 Ï Croman Mill District
b. Recycle and/or salvage non-hazardous construction and demolition debris in accordance with the
Building Demolition Debris Diversion requirements in 15.04.216.C.
8. Potable Water Reduction for Irrigation. Development plans shall provide water-efficient landscape
irrigation designs that reduce by 50% the use of potable water after the initial period for plant
installation and establishment. Calculations for the reduction shall be based on the water budget, and the
water budget shall be developed for landscape irrigation that conforms to the mandatory policies in
section 18-4.5.__ Water Conserving Landscaping. Methods used to accomplish the requirements of this
section may include, but are not limited to, plant species selection, irrigation efficiency, and use of
captured rainwater, recycled water, graywater, and/or water treated for irrigation purposes and
conveyed by a water district or public utility.
9. Solar Orientation.
In addition to complying with the applicable provisions of section 18-3.2.060.B
Building and Site Design, development plans shall incorporate passive and active solar strategies in the
design and orientation of buildings and public spaces. When site and location permit, orient the building
with the long sides facing north and south.
10. Building Shading. In order to promote energy conservation, development plans shall incorporate shade
features as follows.
a. Provide horizontal exterior shading devices for south-facing windows to control solar gain during
the peak cooling season.
b. Provide vertical exterior shading devices for east- and west-facing windows to control solar gain and
glare due to low sun angles during the peak-cooling season.
c. A combination of horizontal and vertical exterior shading devices may be necessary to control solar
gain on southwest- and southeast-facing windows.
11. Recycled Content in Infrastructure. For new streets, driveways, parking lots, sidewalks and curbs, the
aggregate materials shall be at least 50% by volume recycled aggregate materials such as crushed
Portland cement concrete and asphalt concrete. Above-ground structured parking and underground
parking are exempt from this requirement.
12. Outdoor Lighting. Outdoor lighting, in addition to complying with chapter 18-4.4 Light and Glare, shall
use down-shielded light fixtures that do not allow light to emit above the 90-degree plane of the fixture.
Lighting fixtures provided to implement Federal Aviation Administration mitigation measures to enhance
safe air navigation are exempt from this standard.
13. Performance Standard Bonuses. The permitted building height or base residential density, whichever is
applicable, shall be increased by the number of stories or percentage residential density as outlined
below. In no case shall the building height or residential density exceed the height and density bonus
maximums in the Table 18-3.2.050 Croman Mill Dimensional Standards.
a. Green Building Bonus. Projects that achieve a high performance green building standard and
significantly improve energy performance beyond the current minimum Oregon requirements are
eligible for a building height bonus as follows.
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18-3.2 Ï Croman Mill District
i. In the event that a building or structure is determined to be meet the standard for LEED®
Certified building, the building height may exceed the maximum height specified for the CM
overlay districts within the Table 18-3.2.050 Dimensional Standards, through application of a
height bonus as follows.
(A) A building obtaining LEED® Certification as meeting the LEED® Silver Standard may be
increased in height by up to one story.
(B) A building obtaining LEED® Certification as meeting the LEED® Gold Standard may be
increased in height by up to two stories.
(C) A building in the Residential Buffer overlay obtaining LEED® Certification as meeting the
LEED® Silver or Gold Standard may be increased in height by ½ story up to a maximum
height of 40 feet.
(D) Applications to increase the building height in excess of the maximum permitted height
through the application of a height bonus shall address any conditional determination by the
Federal Aviation Administration requesting air navigation safety mitigation measures.
ii. Demonstration of Achieving LEED® Certification. Projects awarded a height bonus pursuant to
this section, shall provide the City with satisfactory evidence of having completed the following
steps in the process toward demonstrating achievement of LEED® certification.
(A) Hiring and retaining a LEED® Accredited Professional as part of the project team
throughout design and construction of the project.
(B) Developments seeking a height bonus shall provide documentation with the planning
application, and prior to issuance of a building permit, that the proposed development as
designed and constructed will meet or exceed the equivalent LEED® standard relating to
the height bonus awarded.
(C) A final report shall be prepared by the LEED® Accredited Professional and presented to the
City upon completion of the project verifying that the project has met, or exceeded, the
LEED® standard relating to the height bonus awarded.
(D) The report shall produce a LEED® compliant energy model following the methodology
outlined in the LEED® rating system. The energy analysis done for the building
performance rating method shall include all energy costs associated with the building
project.
b. Structured Parking Bonus. A building may be increased by up to one story in height when the
corresponding required parking is accommodated underground or within a private structured
parking facility, subject to building height limitations for the zoning district.
c. Affordable Housing Bonus.
i. For every percent of units that are affordable, an equivalent percentage of density bonus shall be
allowed up to a maximum bonus of 100%.
ii. Affordable housing bonus shall be for residential units that are affordable for moderate-income
persons in accordance with the standards established by section 18-2.5.080 Affordable Housing
City of Ashland 3-24 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.2 Ï Croman Mill District
(Resolution 2006-13), and guaranteed affordable through procedures contained therein.
14. Employment Density. To promote transit supportive development, efficient use of employment zoned
lands and local economic vitality, it is recommended that developments within the Croman Mill District
are planned to accommodate employment densities as follows.
a. 60 employees per acre in the Office Employment (OE) Overlay.
b. 25 employees per acre in the Compatible Industrial (CI) Overlay.
c. 25 employees per acre in the Mixed Use (MU) Overlay.
d. 20 employees per acre in the Neighborhood Center (NC) Overlay.
18-3.2.070 Open Space Overlay
All projects containing land identified as Open Space on the Croman Mill District Land Use Overlays Map shall
dedicate those areas as common areas or public open space. It is recognized that the master planning of the
properties as part of the Croman Mill Site Redevelopment Plan imparted significant value to the land, and the
required dedication of those lands within the Croman Mill district for open space and conservation purposes is
proportional to the value bestowed upon the property through the change in zoning designation.
City of Ashland 3-25 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.3 Ï Health Care Services District
Chapter 18-3.3 Ï Health Care Services
Sections:
18-3.3.010 Purpose
18-3.3.020 Permitted Uses
18-3.3.030 Conditional Uses
18-3.3.040 General Regulations
18-3.3.050 Other Regulations
The provisions of 18.54 HC zone are carried forward and edited.
Comment:
18-3.3.010 Purpose
This district is designed to provide the type of environment suitable for the development of health related
services and residential uses, and related activities, while reducing the conflicts between uses through
appropriate design.
18-3.7.020 Applicability
The Health Care Services Zone (HC) shall be depicted on the official zoning map of the City.
18-3.3.020 Permitted Uses
The following uses and their accessory uses are permitted outright:
A. Residential uses, subject to the requirements of the R-2 zone.
B. Home occupations.
C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse
practitioner, midwives, dieticians, psychologists, opticians, physical and occupational therapists, substance
abuse counselors, chiropractors, and wellness centers, including nutritional counseling, health maintenance,
and rehabilitation services.
D. Ambulance and paramedic service.
E. Medical laboratories.
F. Sales or rentals of durable medical goods.
G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes.
H. Any use, located on City owned property, that is specifically allowed by the Ashland Community Hospital
Master Facility Plan adopted by the City of Ashland by ordinance.
18-3.3.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with the chapter on
Conditional Use Permits:
City of Ashland 3-26 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.3 Ï Health Care Services District
A. Limited personal service providers in the home, such as beauticians and masseurs.
B. Travelers' accommodations, subject to the requirements of the R-2 zone.
C. Professional offices for an accountant, architect, attorney, designer, engineer, insurance agent or adjuster,
investment or management counselor or surveyor.
D. Any medically related use, located on City-owned property that is not specifically allowed by the Ashland
Community Hospital Master Facility Plan.
E. Wireless Communication Facilities authorized pursuant to chapter 18-4.14.
18-3.3.040 General Regulations
A. Minimum lot area: Minimum lot area shall be 5,000 square feet.
B. Minimum lot width: Minimum lot width shall be 50 feet.
C. Minimum lot depth: All lots shall have a minimum depth of 80 feet. No lot depth shall be
more than two and one-half times its width.
D. Standard yard requirements:
1. Front yard, twenty (20) feet
2. Side yards (interior), six (6) feet
3. Street-Side yard/side yard abutting a public street, ten (10) feet.
4. Rear yard, ten (10) feet, plus ten (10) feet for each story in excess of one story.
E. Special Yards - distances between buildings.
1. The distance between any principal building and accessory building shall be a minimum of ten (10) feet.
2. An inner court providing access to a double-row dwelling group shall be a minimum of twenty (20) feet.
F. Maximum height: No structure shall be over thirty-five (35) feet in height.
G. Maximum coverage: Maximum lot coverage shall be 65%.
H. Solar Access. In addition to the above minimum requirements, compliance with chapter 18-4.10 Solar
Access is required.
18-3.3.050 Other Regulations
Where other Ashland Municipal Code regulations do not refer to the HC zone, the standards for the R-2 zone
(chapter 18-2) shall apply.
City of Ashland 3-27 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï NM - North Mountain Neighborhood
Chapter 18-3.4 Ï North Mountain Neighborhood
18-3.4.010 Purpose
18-3.4.020 Applicability
18-3.4.020 General Regulations
18-3.4.030 NM-C Neighborhood Central Overlay
18-3.4.040 Neighborhood Core Overlay NM-MF
18-3.4.050 Neighborhood General Overlay NM-R-1-5
18-3.4.060 Neighborhood Edge Overlay NM-R-1-7.5
18-3.4.070 Civic Spaces Overlay -- NM-Civic
18-3.4.080 Open Spaces Overlay -- NM-O
18-3.4.090 North Mountain Greenway Overlay -- NM-G
18-3.4.100 Site Plan and Architectural Review Procedure
18-3.4.110 Site Development and Design Standards
The following carries forward and edits the existing provisions of 18.50 and the NM Site Design
Comment:
and Use Standards, with no substantive changes. Use and dimensional requirement table will be
included in the final draft to consolidate the information in sections 18.3.4.030 – 18-3.4.090. Existing
graphics and maps will be provided in the final draft. Definitions are relocated to 18-6.
18-3.4.010 Purpose
This district is designed to provide an environment suitable for traditional neighborhood living, working, and
recreation. The NM district and Neighborhood Plan is a blueprint for promoting a variety of housing types,
mixed-use developments, neighborhood oriented businesses and community services in a manner which
enhances property values and preserves open spaces and significant natural features.
18-3.4.010 Applicability
: This section replaces and updates 18.30.110 Applicability of Other Sections of the Land Use
Comment
Ordinance.
This chapter applies to properties designated as NM on the City of Ashland Zoning Map, and pursuant to the
North Mountain Neighborhood Plan adopted by Ordinance #2800 (April, 1997). Development located within
the NM district is required to meet all applicable sections of this ordinance, except as otherwise provided in this
chapter; where the provisions of this chapter conflict with comparable standards described in any other
ordinance, resolution or regulation, the provisions of the North Mountain Neighborhood district shall govern.
18-3.4.020 General Regulations.
A. Conformance with North Mountain Neighborhood Plan.Land uses, streets, alleys and
pedestrian/bicycle access ways shall be located in accordance with those shown on the North Mountain
Neighborhood Plan adopted by Ordinance No. 2800.
B. Amendments.Major and minor amendments to the North Mountain Neighborhood Plan shall comply
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18-3.4 Ï North Mountain Neighborhood
with the following procedures:
1. Major and Minor Amendments.
a. Major amendments are those that result in any of the following:
i. A change in land use.
ii. A change in the street layout plan that requires a street to be eliminated or to be located in
such a manner as to not be consistent with the neighborhood plan.
iii. A change in the North Mountain Neighborhood Design Standards.
iv. A change in planned residential density.
v. A change not specifically listed under the major and minor amendment definitions.
b. Minor amendments are those that result in any of the following:
i. Changes related to street trees, street furniture, fencing, or signage.
ii. A change in the street layout that requires a local street, alley, easement, pedestrian/bicycle
accessway or utility to be shifted more than 50 feet in any direction, as long as the change
maintains the connectivity established by the neighborhood plan.
2. Major Amendment Type II Procedure. A major amendment to the neighborhood plan shall be
processed as a Type II planning action concurrently with specific development proposals. In addition to
complying with the standards of this section, findings must demonstrate that:
a. The proposed modification maintains the connectivity established by the neighborhood plan;
b. The proposed modification furthers the design and access concepts advocated by the neighborhood
plan, including but not limited to pedestrian access, bicycle access, and de-emphasis on garages as a
residential design feature;
c. The proposed modification will not adversely affect the purpose, objectives, or functioning of the
neighborhood plan;
d. The proposed modification is necessary to adjust to physical constraints evident on the property, or
to protect significant natural features such as trees, rock outcroppings, wetlands, or similar natural
features, or to adjust to existing property lines between project boundaries.
3. Minor Amendment Type I Procedure. A minor amendment to the neighborhood plan may be approved
as a Type I planning action concurrently with specific development proposals. The request for a minor
amendment shall include findings that demonstrate that the change will not adversely affect the purpose,
objectives, or functioning of the neighborhood plan.
C. Utilities. Utilities shall be installed underground to the greatest extent feasible. Where possible, alleys shall
be utilized for utility location, including transformers, pumping stations, etc.
D. Lots With Alley Access. If an alley serves the site, access and egress for motor vehicles shall be to and
from the alley. In such cases, curb openings along the street frontage are prohibited.
E. Streets, Alleys and Pedestrian/Bicycle Accessways. Streets, alleys, and pedestrian/bicycle accessways
City of Ashland 3-29 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
shall be improved as designated in the North Mountain Neighborhood Design Standards.
F. Minimum Density. Proposals resulting in the creation of additional parcels or greater than three units on
a single parcel shall provide for residential densities between 75 to 110 percent of the base density for a
given overlay, unless reductions in the total number of units is necessary to accommodate significant natural
features, topography, access limitations or similar physical constraints. (Proposals involving the development
of neighborhood commercial businesses and services shall be exempt from the above requirements).
G. Density Transfer. Density transfer within a project from one overlay to another may be approved if it
can be shown that the proposed density transfer furthers the design and access concepts advocated by the
neighborhood plan, and provides for a variety of residential unit sizes, types and architectural styles.
F. Drive-Up Uses. Drive-Up uses are not permitted within the North Mountain Neighborhood Plan area.
G. Performance Standards Overlay. All applications involving the creation of three or more lots shall be
processed under chapter 18-3.8 Performance Standards Option.
H. Fencing. No fencing exceeding three feet in height shall be allowed in the front lot area between the
structure and the street. No fencing shall be allowed in areas designated as Floodplain Corridor.
I. Adjustment of Lot Lines. As part of the approval process for specific development proposals,
adjustments to proposed lot lines may be approved consistent with the density standards of the applicable
zone, as designated by the North Mountain Neighborhood Plan.
18-3.4.030 Neighborhood Central Overlay NM-C
A. Permitted Density. The density shall be computed by dividing the total number of dwelling units by the
acreage of the project, including land dedicated to the public. Fractional portions of the answer shall not
apply towards the total density. Base density for the Neighborhood Central Overlay shall be 20 units per
acre, however, units of less than 500 square feet of gross habitable area shall count as 0.75 units for the
purposes of density calculations.
B. Off-Street Parking. In all areas within the Neighborhood Central Overlay, all uses are not required to
provide off-street parking or loading areas, except for residential uses where one space shall be provided
per residential unit. All parking areas shall comply with the Off-Street Parking chapter and the Site Review
chapter.
C. Area, Yard Requirements. There shall be no minimum lot area, lot coverage, front yard, side yard or
rear yard requirement, except as required under the Off-Street Parking chapter or where required by the
Site Review chapter.
D. Solar Access. Chapter 18-4.10 Solar Access shall not apply in the Neighborhood Central Overlay.
E. Permitted Uses. The following uses are permitted in the NM-C overlay subject to conditions limiting the
hours and impact of operation.
1. Residential Uses, subject to the above density requirements
2. Home Occupations
3. Parks and Open Spaces
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Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
4. Agriculture
5. Neighborhood Oriented Retail Sales and Personal Services, with each building limited to 3,500 square
feet of total floor area.
6. Professional Offices, with each building limited to 3,500 square feet of total floor area
7. Restaurants
8. Manufacturing 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
9. Basic Utility Providers, such as telephone or electric providers, with each building limited to 3,500
square feet of total floor area
10. Community Services, with each building to 3,500 square feet of total floor area
11. Churches or Similar Religious Institutions, when the same such use is not located on a contiguous
property, nor more than two such uses in a given overlay
12. Neighborhood Clinics, with each building limited to 3,500 square feet of total floor area
F. Conditional Uses. The following uses are allowed subject to approval of a conditional use permit.
1. Temporary Uses
2. Public Parking Lots
G. Lot Coverage. Maximum lot coverage shall be seventy-five (75) percent.
18-3.4.040 Neighborhood Core Overlay NM-MF
A. Permitted Density. The density shall be computed by dividing the total number of dwelling units by the
acreage of the project, including land dedicated to the public. Fractional portions of the answer shall not
apply towards the total density.
1. Base density for the Neighborhood Core Overlay shall be 12.0 units per acre; however, units of less
than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density
calculations.
2. Subdivisions or multi-family developments shall be developed, or shall not preclude further
development, in accordance with the minimum density standard in subsection 18-3.4.020.D.
B. Off-Street Parking. In all areas within the Neighborhood Core Overlay, off-street parking shall be
provided in accordance with chapter 18-4.4 Parking and Loading.
C. Yard Requirements
1. Front Yards. Front yard setbacks shall be a minimum of ten (10) feet and a maximum of twenty-five
(25) feet, excluding garages. Front yards may be reduced to five (5) feet for unenclosed porches with a
minimum depth of six (6) feet and a minimum width of eight (8) feet. Garages shall be setback a
minimum of fifteen (15) feet from the front building facade and twenty (20) feet from the sidewalk. No
greater than 50 percent (50%) of the total lineal building facade facing the street shall consist of garage,
City of Ashland 3-31 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
carport or other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of five (5) feet for the first story, excluding half-
stories and upper floor dormer space, five (5) feet for each additional story, and ten (10) feet when
abutting a public street. Single story, detached garages and accessory structures shall have a minimum
three (3) foot side yard, except that no side yard is required for accessory buildings sharing a common
wall.
3. Rear Yards. Ten (10) feet per story, with the exception of upper floor dormer space, which may be
setback fifteen (15) feet. Single story, detached garages and accessory buildings, and two story accessory
buildings adjacent to an alley shall have a minimum rear yard of four feet.
D. Lot Coverage. Maximum lot coverage is seventy-five (75) percent
E. Permitted Uses. The follow uses are permitted:
1. Residential Uses, subject to the above density requirements.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture.
18-3.4.050 Neighborhood General Overlay NM-R-1-5
A. Permitted Density. The density shall be computed by dividing the total number of dwelling units by the
acreage of the project, including land dedicated to the public. Fractional portions of the answer shall not
apply towards the total density. Base density for the Neighborhood General Overlay shall be 5.0 units per
acre. Accessory Residential Units shall not be included in base density calculations.
B. Off-Street Parking. In all areas within the Neighborhood General Overlay, off-street parking shall be
provided in accordance with the General Regulations of this chapter and the Off-Street Parking chapter.
C. Yard Requirements
1. Front Yards. Front yard setbacks shall be a minimum of ten (10) feet and a maximum of twenty-five (25)
feet, excluding garages. Front yards may be reduced to five (5) feet for unenclosed porches with a
minimum depth of six (6) feet and a minimum width of eight (8) feet. Garages shall be setback a
minimum of fifteen (15) feet from the front building facade and twenty (20) feet from the sidewalk. No
greater than 50 percent (50%) of the total lineal building facade facing the street shall consist of garage,
carport or other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of five (5) feet for the first story, excluding half-stories
and upper floor dormer space, five (5) feet for each additional story, and ten (10) feet when abutting a
public street. Single story, detached garages and accessory structures shall have a minimum three (3)
foot side yard, except that no side yard is required for accessory buildings sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor dormer space, which may be setback
fifteen (15) feet. Single story, detached garages and accessory buildings, and two story accessory
City of Ashland 3-32 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
buildings adjacent to an alley shall have a minimum rear yard of four feet.
D. Permitted Uses. The following use are permitted:
This draft consolidates permitted and special permitted uses, and incorporates by reference
Comment:
the ARU standards of section 18-2.3.040.
1. Residential Uses, subject to the above density requirements.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture.
5. Accessory Residential Units, subject to the standards in section 18-2.3.040, except that the maximum
gross habitable floor area (GHFA) of the accessory residential unit not exceed 50% of the GHFA of the
primary residence on the lot, and shall not exceed 750 sq. ft. GHFA, and second story accessory
residential units constructed above a detached accessory building shall not exceed 500 sq. ft. GHFA.
6. Community Services, with each building limited to 2,500 square feet of total floor area.
E. Lot Coverage. Maximum allowed lot coverage is fifty (50) percent
18-3.4.060 Neighborhood Edge Overlay NM-R-1-7.5
A. Permitted Density. The density shall be computed by dividing the total number of dwelling units by the
acreage of the project, including land dedicated to the public. Fractional portions of the answer shall not
apply towards the total density. Base density for the Neighborhood Edge Overlay shall be 3.6 units per acre.
Accessory Residential Units shall not be included in base density calculations.
B. Off-Street Parking. In all areas within the Neighborhood Edge Overlay, off-street parking shall be
provided in accordance with the General Regulations of this chapter and the Off-Street Parking chapter.
C. Yard Requirements
1. Front Yards. Front yard setbacks shall be a minimum of ten (10) feet and a maximum of twenty-five (25)
feet, excluding garages. Front yards may be reduced to five (5) feet for unenclosed porches with a
minimum depth of six (6) feet and a minimum width of eight (8) feet. Garages shall be setback a
minimum of fifteen (15) feet from the front building facade and twenty (20) feet from the sidewalk. No
greater than 50 percent (50%) of the total lineal building facade facing the street shall consist of garage,
carport or other covered parking space.
2. Side Yards. Side yard setbacks shall be a minimum of five (5) feet for the first story, excluding half-stories
and upper floor dormer space, five (5) feet for each additional story, and ten (10) feet when abutting a
public street. Single story, detached garages and accessory structures shall have a minimum three (3)
foot side yard, except that no side yard is required for accessory buildings sharing a common wall.
3. Rear Yards. Ten feet per story, with the exception of upper floor dormer space, which may be setback
15 feet. Single story, detached garages and accessory buildings, and two story accessory buildings
adjacent to an alley shall have a minimum rear yard of four feet.
City of Ashland 3-33 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
D. Permitted Uses. The following uses are permitted:
This draft consolidates permitted and special permitted uses, and incorporates by reference
Comment:
the ARU standards of section 18-2.3.040.
1. Residential Uses, subject to the above density calculations.
2. Home Occupations.
3. Parks and Open Spaces.
4. Agriculture
5. Accessory Residential Units, subject to the standards in section 18-2.3.040, except that the maximum
gross habitable floor area (GHFA) of the accessory residential unit not exceed 50% of the GHFA of the
primary residence on the lot, and shall not exceed 750 sq. ft. GHFA, and second story accessory
residential units constructed above a detached accessory building shall not exceed 500 sq. ft. GHFA.
F. Floodplain Corridor. Developments including lands within the identified floodplain corridor, including
street development, shall comply with the following requirements:
1. A hydrologic study prepared by a geotechnical expert shall be submitted concurrently with specific
development proposals indicating the impact of the development on the floodplain corridor, and all
efforts to be taken to mitigate negative impacts from flooding in the area of the floodplain corridor and
areas of historic flooding.
2. The design of Greenway Drive, as indicated on the neighborhood plan, shall incorporate flood
protection measures, as determined by a geotechnical expert, in the overall design of the new street.
Such protection measures shall address flooding in the floodplain corridor and in areas of historic
flooding.
3. A grading plan for the overall development, indicating grade relationships between the development and
the floodplain corridor, shall be included with the specific development proposal. A statement shall be
included, prepared by a geotechnical expert or licensed surveyor, indicating that the finish grade for all
buildable areas outside of the floodplain corridor shall be at or above the Ashland floodplain corridor
elevations indicated on the officially adopted city maps.
G. Lot Coverage. Maximum lot coverage is forty-five percent (45%).
18-3.4.070 Civic Spaces Overlay -- NM-Civic
A. General Requirements. Civic spaces identified on the Neighborhood Plan map shall be developed as part
of a specific project approval. If the project is proposed to be developed in phases, fifty (50) percent of the
area of the Civic Space shall be developed in the first phase with the remainder of the area to be developed
prior to building permit issuance for 2/3 of the project's units.
B. Permitted Uses of Civic Spaces. The following uses are permitted:
1. Community Services.
City of Ashland 3-34 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
2. Recreation and Open Space.
3. Agriculture, including community garden space.
18-3.4.080 Open Spaces Overlay -- NM-O
A. General Requirements. Open spaces identified on the Neighborhood Plan map shall be developed as part
of a specific project approval. If the project is proposed to be developed in phases, fifty (50) percent of the
area of the Open Space shall be developed in the first phase with the remainder of the area to be developed
prior to building permit issuance for 2/3 thirds of the project's units.
18-3.4.090 North Mountain Greenway Overlay -- NM-G
A. Applicability. All projects containing land identified on the North Mountain Neighborhood Plan Map as
part of the North Mountain/Bear Creek Greenway shall dedicate that area so designated to the City of
Ashland for park purposes. It is recognized that the up-zoning of properties as part of the North Mountain
Neighborhood Plan imparted significant value to the land, and the required dedication of those lands within
the North Mountain/Bear Creek Greenway for park purposes is proportional to the value bestowed upon
the property through the change in zoning designation.
B. Dedication on Final Survey Plat. The dedication of lands within the North Mountain/Bear Creek
Greenway shall be indicated on the final survey plat accompanying all partitions, subdivisions and
Performance Standards developments.
C. Development Restrictions. It is recognized that lands within the North Mountain/Bear Creek Greenway
are identified as part of Ashland's Floodplain Corridor Lands, and are prohibited from further development,
except as outlined in the Physical and Environmental Constraints chapter.
D. Prohibition of Density Transfer. No transfer of density from lands identified within the North
Mountain/Bear Creek Greenway shall be permitted. It is recognized that the up-zoning associated with the
North Mountain Neighborhood Plan accommodated such transfers.
E. Greenway Drive. The design of Greenway Drive, as indicated on the neighborhood plan, shall incorporate
flood protection measures, as determined by a geotechnical expert, in the overall design of the new street.
Such protection measures shall address flooding in the floodplain corridor and in areas of historic flooding.
City of Ashland 3-35 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
18-3.4.100 Site Plan and Architectural Review Procedure
The applicability and approval sections are revised for clarity and enforceability.
Comment:
A. Applicability. The following planning applications shall comply with applicable North Mountain
Neighborhood Design Standards and all other requirements outlined in the Site Design and Use Standards
chapter 18-5.2.
1. Developments Requiring Site Plan Approval under the chapter 18-5.2.
2. Performance Standards Option Developments. In addition to the submittal requirements for Final Plan
approval, per chapter 18-3.8, the applicant shall provide typical elevations incorporating the architectural
elements described in the North Mountain Neighborhood Design Standards for all proposed buildings.
3. Partitions.
B. Review and Approval Procedure. All land use applications shall be reviewed and processed in
accordance with the applicable procedures of Part 18-5.
C. Supplemental Approval Criteria. In addition to the criteria for approval required by other sections of
this ordinance, applications within the NM district shall also meet the following criteria:
1. The application demonstrates conformity to the general design requirements of the North Mountain
Neighborhood Plan, including density, transportation, building design, and building orientation.
2. The application complies with the specific design requirements as provided in the North Mountain
Neighborhood Design Standards.
18-3.4.110 Site Development and Design Standards
The following carries forward and revises the existing North Mountain Neighborhood Design
Comment:
Standards (SDUS, Section VII), adopted 4/2/97, Ordinance 2800. The housing standards are revised to
make them clear and objective – changes in the content of the standards is noted in comment boxes
below . The background narrative and non-regulatory text has been removed. Definitions will be
relocated to 18-6, and the existing graphics and maps will be incorporated in final draft.
A. Housing. The following design standards apply to residential developments. While the standards are
specific, the intent is not to limit innovative design, but rather provide a framework for clear direction and
minimum standards.
1. Architectural Design. The street-facing elevations of residential buildings shall be broken with reveals,
recesses, trim elements and other architectural features to avoid the appearance of a blank wall. In
addition, two of the following nine design features must be provided along the front of each residence.
a. Dormers
b. Gables
c. Recessed entries
d. Covered porch entries
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18-3.4 Ï North Mountain Neighborhood
e. Cupolas
f. Pillars or Posts
g. Bay window (min. 12Ò projection)
h. Eaves (min. 6Ò projection)
i. Off-sets in building face or roof (min. 16Ò)
2. Orientation. Dwellings shall be designed with a primary elevation oriented towards a street. Such
elevation shall have a front door, framed by a simple porch or portico, porch, or other design feature
clearly visible from the street to promote natural surveillance of the street.
3. Repetitive Elevations. Excessive repetition of identical floor plans and elevations shall be discouraged.
4. Supplemental Setback Requirements for Garages and Accessory Structures. In addition to the setback
requirements of section 18-3.4.020 through 18-3.4.090, the following garage and accessory structure
setbacks are required, in order to promote an attractive streetscape where garages and accessory
structures are visually subordinate to primary dwellings:
a. Where no alleys are present, garages shall be located a minimum of fifteen (15) feet behind the
primary façade and a minimum of twenty (20) feet from the sidewalk.
b. Garages and accessory structures adjacent to an internal property line (i.e., neighborÔs residence)
shall maintain a minimum first floor side yard setback of four (4) feet and a second floor setback of
six (6) feet, excluding dormers.
c. No side yard setback is required when two (2) or more garages are attached by a common wall
between the property lines.
d. Garage or accessory structures accessed from the alley shall have a minimum rear yard setback of
four (4) feet. (See Illustration A-6 & 7).
e. The maximum allowed width of a garage opening is twenty-two (22) feet. Expansion of the garageÔs
depth should be considered for additional storage needs.
f. Common wall garages (i.e., adjacent garage openings), and dwellings with more than one garage
openings, where the total width of adjacent garage openings exceeds twenty-two (22) feet, shall
have at least one garage opening recessed behind the other(s) by not less than three (3) feet.
The following terracing standard is revised to say “shall be minimized” (instead of
Comment:
should be minimized), with the qualified “to the extent practicable.”
5. Terracing. Grading for new homes and accessory structures shall be minimized and building designs shall
respond to the natural grade, to the extent practicable, pursuant to the following guidelines:
a. Terracing, as shown in Illustration A-8 to the right, should be incorporated into the design of each
lotÔs development. ÑTerracesÒ help ease transition between the public and private space.
City of Ashland 3-37 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
b. In determining whether grading is minimized and building designs are practicable, this standard shall
not be interpreted so as to preclude permitted housing at planned densities.
6. Porches. Where practicable, porches shall be incorporated into building designs within the North
Mountain Neighborhood, in order to promote a sense of place, socialization, and natural surveillance of
the street. Porches shall be large enough to allow at least one person to sit facing the street Ï eight (8)
feet wide Ï and deep enough to allow a person to stand while the door is opening Ï six (6) feet deep.
Porches with dimensions less than 8Ô X 6Ô are often used as storage areas for bike, barbecues, etc., and
do not realistically function as Ñoutdoor roomsÒ (see Illustration A-9).
The following driveway width standard is revised to say “shall be no greater” (instead
Comment:
of should be no greater), and to state “measured at sidewalk” (instead of at street) because
driveway aprons typically extend driveway width at the roadway.
7. Driveways. In order to minimize impervious surfaces, increase opportunities for on-street parking and
street trees, and provide a visually attractive streetscape that comfortably accommodates pedestrians,
driveways for single dwellings shall be no greater than nine (9) feet wide, measured at the sidewalk.
Where no alley is present and garages for multiple dwellings share a common wall (e.g., townhomes), a
common driveway twelve (12) feet in width may be used but shall serve as a shared drive for paired
garages.
The existing standard for detached accessory residential units (e.g. backyard
Comment:
cottages or garage apartments) is somewhat ambiguous.
“Considerate design and placement standards shall be incorporated into the development of
accessory residential units. When adjacent to side property line, the second floor area should
be staggered and minimized. However, with the addition of a dormer, this point could be
achieved without an additional setback or minimizing the floor area.”
The standard below has been revised for clarity.
8. Accessory Residential Units. When a detached accessory dwelling unit is adjacent to a residential
property:
a. A visual buffer shall be provided using window placement, a sight obscuring fence and/or vegetation;
and
b. Within five (5) feet of a side property line, the second floor area of the unit shall be staggered and
step-back an additional five (5) feet or contain other detailing, in order to break up the mass of the
building. With the addition of a dormer, this standard can be met without the step-back or reduced
floor area.
B. Neighborhood Central. In addition to the following, refer to the site design and development standards
of chapter 18-3.
The following SDUS guidelines are revised for clarity.
Comment:
City of Ashland 3-38 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
1. Transitional Architectural Design. Buildings developed for residential use shall be designed and
constructed in a way that allows a simple transition to commercial use, for example, through
appropriate floor-to-ceiling heights and location of HVAC and other building systems.
2. Architectural Character. The architectural character of commercial buildings should reflect their
importance as a focus of the North Mountain Neighborhood. Rather than taking on a residential
appearance, these buildings should emulate a traditional storefront appearance. Ashland has many
storefront buildings, which should be looked at for reference but not duplication. These building have a
simple and flexible form, yet have a strong architectural identity.
3. Building Setbacks & Height. Buildings shall be built up to the front and side property lines. Along the
front, exceptions will be allowed to create courtyards, seating areas for cafes, or other special uses (see
Illustration B-3). These areas should be designed to further the activity along the streets. Arcades,
awnings, bays, and balconies shall extend over walkways to form a continuous covered walk. In only rare
cases should the façade of the second story extend beyond the first floor's front setback.
4. Side Setbacks. A side yard setback should only be considered where the building is adjacent to a
residential zone or a pedestrian accessway connects to a rear parking area. A side yard setback
accommodating a rear parking area shall only occur at mid-block between two buildings (see Illustration
B-4).
5. Transit Facilities. The neighborhood central area will need a transit shelter. The general design of the
facility should be consistent with the City's adopted bus shelter design. While transit service is not
presently available to the neighborhood, the overall density of the area will ultimately support it. The
integration of the transit shelter within the neighborhood central area will further its use.
6. Mixed Uses. Second story apartments over ground floor shops are encouraged wherever practicable.
Bays and balconies are encouraged to provide outlooks and create an articulated rhythm and visual
interest (see Illustration B-7).
C. Street Types and Design. Several types of residential streets are planned for in the North Mountain
Neighborhood. These streets would extend through the planned area to accommodate not only multi-
modal movement, but also a variety of circulation options.
1. Greenway Drive. The Greenway Drive, as shown in Illustration C-1, has a 49-foot right-or-way, which
provides for a travel surface of 28 feet, an 8-foot planting strip, and sidewalks on each side. The sidewalk on
the residential side is 5 feet and on the side of the Bear Creek Greenway an 8-foot sidewalk is shown. In
cases where medians are identified on the North Mountain Neighborhood Plan, the median width shall be 8
feet and the two travel lanes 10 feet.
2. Neighborhood Access Street. The primary type of street traversing the neighborhood is the Neighborhood
Access Street. This street has a 48-foot right-of-way, which provides for a 15-foot travel surface, 7-foot
parking bays, and 8-foot planting strips and 5-foot sidewalks on each side (see Illustration C-2).
3. Alleys. One of the most important features making up the neighborhood is the alley. Alleys allow parking to
be located at the property's rear and diminish the negative impact of garages proliferating along street
frontages, reduces pedestrian and vehicle conflicts at curb-cuts, and reduces impervious hard surface. In
addition, homes, instead of garages, fill the street frontages, providing maximum opportunity for social
City of Ashland 3-39 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
interaction. The alley cross section (C-3), within a 20-foot right-of-way, contains a 12-foot wide improved
alley with 4-foot planted or graveled strips or shoulders. The minimum rear setback for garages and
accessory structures, including accessory residential units, fronting an alley is 4 feet.
4. Pedestrian Accessways. The Pedestrian Accessway, separate from the Bear Creek multi-use path, provides a
direct and convenient alternative route. The accessway, which is contained in a 12-foot right-of-way (C-3) is
intended to be similar to the Alice Peil Walkway located off Granite Street.
5. Neighborhood Commercial Street. As a focal point of the North Mountain Neighborhood, the commercial
street area should portray a strong "sense of place.Ò This is the place where neighbors will comfortably
socialize on the sidewalk or plaza area before and after they patronize neighborhood businesses. The
neighborhood's commercial street cross section (C-5) provides for an improved 45-foot wide right-of-way
with a 10-foot wide sidewalk, a 17-foot deep parking space (angled 60 degrees), and an 18-foot, one way,
travel lane. Street trees planted within the sidewalk and between the parking area and the pedestrian path
are also included. The appropriate tree spacing should be no greater than 30 feet.
6. North Mountain Avenue. As the entrance to the neighborhood and the primary access route, North
Mountain Avenue shall have significant design components that evoke a welcome and inviting feeling.
Illustration C-6 identifies a tree-lines street, which provides, not only an efficient vehicle, bicycle and
pedestrian thoroughfare, but also creates an attractive environment.
7. Planter Strips. All development fronting on streets shall be required to plant street trees in accordance with
the Street Tree Standards of chapter 18-4.5 Landscaping and Screening. Large stature street trees should be
used to provide a canopy effect for residential streets, while smaller stature trees may be more appropriate
along alley frontages. The planting strips will also be planted with low lying ground cover and street trees
that cantilever over the travel lanes and sidewalks.
8. Street Lighting. North Mountain, East Nevada, Greenway Drive (new), and streets within the Neighborhood
Commercial Overlay shall incorporate pedestrian scaled lighting as shown in the Illustration C-8. Light poles
and illuminating fixtures shall be decorative in design and shall be similar in design to the lights on Oak
Street, between "A" and "B" Streets. Wherever possible, light poles shall be centered within the planter
strips and between street trees to increase illumination cast on the sidewalk and street, and light bollards
shall be used to illuminate pedestrian accessways. Lighting fixtures for pedestrian use along residential
streets and alley may be attached to building walls, porches, carports or patio walls.
9. Street Furniture. Outdoor hardscape elements such as benches, bollards, trash receptacles, mailboxes, light
poles, etc. shall be consistent throughout the project area. The use of treated, stained wood, indigenous
stone or rock, exposed aggregate concrete and painted steel is acceptable for the construction of street
furniture.
D. Open Space and Neighborhood Focal Point.
1. Open Space. A variety of open space types are located within the North Mountain Neighborhood and each
type should be designed based upon its environmental impact and benefiting attributes. Open space types
within the area include the Bear Creek Floodplain, pocket parks, pedestrian access ways, a commercial
common (plaza) and street medians. Each type of open space shall be accessible to the general public at all
times. Development of open spaces shall be as follows.
City of Ashland 3-40 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.4 Ï North Mountain Neighborhood
a. Except for pedestrian accessways and a small picnic area, use of the Bear Creek Floodplain shall be kept
to a minimum. No buildings shall be permitted the area except for a small gazebo type structure
associated with the picnic area.
b. Whenever possible, pocket parks and pedestrian access ways shall be linked to formulate a more
interesting and inevitable alternative. Each should be designed around natural features minimizing their
impact, but increasing their appeal. Developments fronting these areas are encouraged as long as
vehicular access is from an alley.
c. Street medians or small pocket medians shall be designed with large stature trees, shrubs and perennial
flowers as an accent (see Illustration D-2). Use of turf shall be minimized wherever possible. An
irrigation system shall be installed at the time of plant installation.
d. A plaza or commons area, similar to the plaza in the downtown shall be incorporated within the
Neighborhood Commercial Overlay Zone. The area shall be designed to provide adequate shading for
comfortable midday summer use and sunny areas for winter use. Hardscape areas shall be centrally
located, but minimized whenever possible. Benches, news racks, kiosks and other street furniture shall
be located within the area.
e. The area shall enclose and define the central space of the commercial core. The relationship of the
maximum height of the surrounding buildings to the width of the plaza area should fall between a 1:1
and 1:5 ratio to assure special definition (see Illustration D-3).
2. Neighborhood Focal Point. The intersection of Greenway Drive and North Mountain Avenue should serve
as a neighborhood focal point. Special right-of-way design considerations shall be incorporated into the
development of these streets, including but not limited to landscaping, special paving patterns, and a
neighborhood monument or gateway. (See Illustration D-4.)
City of Ashland 3-41 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.5 Ï Southern Oregon University District
Chapter 18-3.5 Ï Southern Oregon University District
Sections:
18-3.5.010 Purpose
18-3.5.020 Applicability
18-3.5.030 Permitted Uses
18-3.5.040 Conditional Uses
18-3.5.050 General Regulations
The following carries forward and edits 18.64. A new “Applicability” section is added for
Comment:
consistency with other chapters and to provide authority for the special district. The definition of SOU
Plan is relocated to 18-6.
18-3.5.010 Purpose
This district is designed to provide for the unique needs of Southern Oregon University (SOU) as a State
educational institution functioning within the planning framework of the City. It can be applied to all areas now
or hereinafter owned by the State of Oregon acting by and through the State Board of Higher Education, and
SOU and located with the SOU boundary, as shown on the SOU Plan, adopted by SOU and approved by the
City.
18-3.5.020 Applicability
The Southern Oregon University (SOU) district implements the Campus Master Plan Update for Southern
Oregon University dated April 12, 2010, with all conditions added by the City Planning Commission and City
Council, as adopted and incorporated into the Ashland Comprehensive Plan by Ordinance No. 3014 on June 1,
2010.
18-3.5.030 Permitted Uses
Permitted uses are as follows:
A. Uses permitted outright are all those which are directly related to the educational functions of SOU,
provided that such uses are indicated and located in conformance with the adopted and City approved SOU
Plan, and are greater than fifty (50) feet from privately owned property.
B. Wireless Communication Facilities authorized pursuant to chapter 18-4.14.
City of Ashland 3-42 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.5 Ï Southern Oregon University District
18-3.5.040 Conditional Uses
Uses subject to approval of a conditional use permit, per chapter 18-5.4, are as follows:
A. Any use, site design, or construction or alteration of same not agreed upon in advance by the City and SOU
in the SOU Plan.
B. Any use, site design, or construction within fifty (50) feet of privately owned property.
C. Any construction over forty (40) feet in height.
D. Wireless Communication Facilities not permitted outright and authorized pursuant to chapter 18-4.14.
18-3.5.050 General Regulations
This chapter, together with chapters 18-5.2 Site Review, 18-4.4 Off-Street Parking, and 18-4.9 Signs are the only
portions of this ordinance to be effective within the SOU zone; except that areas within fifty (50) feet of
privately owned land are subject to chapter 18-5.4 Conditional Use Permits. In addition, the creation or vacation
of public streets or public ways shall be subject to mutual agreement between the City and SOU and all other
applicable laws.
City of Ashland 3-43 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.6 Ï Airport Overlay
Chapter 18-3.6 Airport Overlay
Sections:
18-3.6.010 Purpose
18-3.6.020 Applicability
18-3.6.030 Airport Overlay Regulations
The following carries forward and edits the existing provisions of 18.56.030.
Comment:
18-3.6.010 Purpose
The Airport Overlay is intended to be applied to properties which lie within close proximity to the Ashland Airport where
aircraft are likely to be flying at relatively low elevations. Further, the zone is intended to prevent the establishment of
airspace obstructions in such areas through height restrictions and other land use controls. Application of the overlay zone
does not alter the requirements of the parent zone except as specifically provided herein.
18-3.6.020 Applicability
The Airport Overlay (A) shall be depicted on the official zoning map of the City. In addition to the provisions of this title,
the requirements of section 18-3.6.030 apply within the A Overlay.
18-3.6.030 Airport Overlay Regulations
A. Residential uses are not permitted, unless approved pursuant to chapter 18-5.4 Conditional Use Permits.
B. Maximum height of structures, trees or other airspace obstructions shall be twenty (20) feet.
C. All planning actions will require, as a condition of approval that the applicant sign an agreement with the City
agreeing that airport noise is likely to increase in the future and that they waive all rights to complain about
airport noise.
D. The City may top any tree that is in excess of those maximum heights listed in section18-3.6.030.B, or
locate appropriate lights or markers on those trees as a warning to the operators of aircraft.
E. No use shall be made of land or water within any of this zone in such a manner as to create electrical
interference with navigational signals or radio communication between airport and aircraft, make it difficult
for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the
airport, impair visibility in the vicinity of the airport, or otherwise create a hazard which may in any way
endanger the landing, takeoff, or maneuvering of aircraft using the airport.
City of Ashland 3-44 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.7 Ï Freeway Sign Overlay
Chapter 18-3.7 Freeway Sign Overlay
Sections:
18-3.7.010 Purpose
18-3.7.020 Applicability
18-3.7.030 Freeway Sign Overlay Regulations
The following carries forward and edits the existing provisions of 18.96.100.
Comment:
18-3.7.010 Purpose
The Freeway Sign Overlay provides for and regulates certain ground signs that identify businesses in commercial
districts located at freeway interchanges.
18-3.7.020 Applicability
The Freeway Sign Overlay (FS) shall be depicted on the official zoning map of the City. In addition to the
provisions of chapter 18-4.9 Sign Regulations, the requirements of section 18-3.7.030 apply within the FS
Overlay.
18-3.7.030 Freeway Sign Overlay Regulations
The following regulations apply within the FS Overlay:
1. One freeway sign shall be permitted for each lot in addition to the signs allowed by chapter 18-4.9 Signs.
2. Signs shall not exceed an area of one hundred (100) square feet per sign.
3. Signs shall not exceed a height of 2,028 feet above mean sea level.
City of Ashland 3-45 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.8 Ï Performance Standards Option and PSO Overlay
Chapter 18-3.8 Ï Performance Standards Option and PSO Overlay
Sections:
18-3.8.010 Purpose and Intent
18-3.8.020 Applicability
18-3.8.030 Procedure for Approvals
18-3.8.040 Performance Standards for Residential Developments
18-3.8.050 Street Standards
18-3.8.060 Parking Standards
18-3.8.070 Setbacks and Lot Coverage
18-3.8.080 PSO-Overlay
18-3.8.090 Performance Standards Guidelines
This chapter is carried forward from chapter 18.88, edited, and reordered for a more logical
Comment:
flow. Definitions for Performance Standards relocated to 18-6.
18-3.8.010 Purpose and Intent
The purpose and intent of this chapter is to allow an option for more flexible design than is permissible under
the conventional zoning codes. The design should stress energy efficiency, architectural creativity and innovation;
use the natural features of the landscape to their greatest advantage; provide a quality of life equal to or greater
than that provided in developments built under the standard zoning codes; be aesthetically pleasing; provide for
more efficient land use; and reduce the impact of development on the natural environment and neighborhood.
18-3.8.020 Applicability
The following relocates and revises 18.88.100 for consistency with other overlay zone
Comment:
chapters.
Developments exercising the Performance Standards option, including developments that are required to apply
the option pursuant to this ordinance, shall meet the provisions of this chapter and all other applicable sections
of this ordinance; except that developments subject to this chapter are not required to meet the minimum lot
size, lot width, lot depth and setback standards of Part 18-2, and other standards as specifically provided by this
chapter. All public improvements and commonly owned areas in a Performance Standards development shall
follow the same procedure as a subdivision for bonding.
18-3.8.030 Procedure for Approvals
The following is carried forward from 18.88.030.
Comment:
A. Outline Plan. Applications for subdivision approval under this chapter shall be accompanied by a proposed
City of Ashland 3-46 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.8 Ï Performance Standards Option and PSO Overlay
Outline Plan. For developments of fewer than 10 lots, the Outline Plan may be filed concurrently with the
Final Plan, as that term is defined in 18-3.8.030.B.4. For developments of 10 or more lots, prior Outline Plan
approval is mandatory.
1. Review Procedure. A Type II procedure, as defined in this ordinance, shall be used for the approval of
the outline plan.
2. Contents. The contents for an outline plan shall be as follows:
a. A topographic map showing contour intervals of five (5) feet.
b. The proposed land uses and approximate locations of the existing buildings to be retained, the
proposed structures on the site, the proposed and existing property lines and easements on the
site, and existing buildings, structures, and trees greater than six (6) inches in diameter measured at
breast height on the properties adjacent to the site, and all buildings within one hundred sixty (160)
feet of the site boundaries.
c. The locations of all proposed thoroughfares, walkways, and parking facilities.
d. Public uses, including schools, parks, playgrounds, open spaces and trails.
e. Public or private utilities.
f. General areas of cuts and fill.
g. The location of natural features such as rock outcroppings, marshes, wooded areas, and isolated
preservable trees.
h. The location and direction of all watercourses and areas subject to flooding.
i. On lots which are to contain detached single-family dwellings, building envelopes shall be included
on the outline plan which show the area and maximum height of improvements, including solar
access and view protection where required.
j. Elevation of typical proposed structures. The elevation should be to scale and should include the
approximate dimensions of the proposed structures and all attached exterior hardware for heating
and cooling.
k. A written statement containing an explanation of:
i. The character of the proposed development and the manner in which it has been designed to
take advantage of the Performance Standards concept.
ii. The proposed manner of financing.
iii. The present ownership of all the land included within the development.
iv. The method proposed to maintain common open areas, buildings and private thoroughfares.
v. The proposed time schedule of the development.
vi. The findings of the applicant showing that the development meets the criteria set forth in this
ordinance and the Ashland Comprehensive Plan.
4. Approval Criteria. The Planning Commission shall approve the outline plan when it finds the following
City of Ashland 3-47 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.8 Ï Performance Standards Option and PSO Overlay
criteria have been met:
a. The development meets all applicable ordinance requirements of the City of Ashland.
b. Adequate key City facilities can be provided including water, sewer, paved access to and through the
development, electricity, urban storm drainage, police and fire protection and adequate
transportation; and that the development will not cause a City facility to operate beyond capacity.
c. The existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large
trees, rock outcroppings, etc., have been identified in the plan of the development and significant
features have been included in the open space, common areas, and unbuildable areas.
d. The development of the land will not prevent adjacent land from being developed for the uses
shown in the Comprehensive Plan.
e. There are adequate provisions for the maintenance of open space and common areas, if required or
provided, and that if developments are done in phases that the early phases have the same or higher
ratio of amenities as proposed in the entire project.
f. The proposed density meets the base and bonus density standards established under this chapter.
g. The development complies with the Street Standards.
5. Approval of the Outline Plan.
a. To the extent allowed by statute, the Planning Commission may extend the public hearing to gather
more information.
b. The Planning Commission may approve or disapprove the outline plan and application or require
changes, or impose conditions of approval that it finds necessary to conform to the standards of this
ordinance and the purpose of this chapter. Approval of the Outline Plan and application, and
conditions of approval are final to all issues resolved at that time unless appealed.
c. After an outline plan, which has had a public hearing, is approved, the developer may then file a final
plan in phases or in its entirety. However, a final plan may not be filed until the Council adopts any
zone change necessary for the development.
d. If an outline plan is phased, fifty (50%) percent of the value of the recreational amenities shall be
provided in the first phase and all recreational amenities shall be provided when two-thirds (2/3) of
the units are finished.
B. Final Plan
1. Procedure for approval. Type I procedure, as defined in this Title, shall be used for approval of final
plans, unless an outline plan has been filed, in which case Type II procedure shall be used, and the
criteria for approval of an outline plan shall also be applied.
2. Phasing. The final plan may be filed in phases as approved on the outline plan.
3. Expiration. If the final plan or the first phase of the outline plan is not approved within eighteen (18)
months from the date of the approval of the outline plan, then the approval of the plan is terminated and
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18-3.8 Ï Performance Standards Option and PSO Overlay
void and of no effect whatsoever. Extensions may be granted as a Type I procedure.
4. Contents. The final plan shall contain a scale map or maps and a written document showing the
following for the development:
a. A topographic map showing contour intervals of five (5) feet
b. Location of all thoroughfares and walks, their widths and nature of their improvements, and
whether they are to be public or private
c. Road cross-sections and profiles, clearly indicating the locations of final cuts and fills, and road
grades
d. The location, layout, and servicing of all off-street parking areas
e. The property boundary lines
f. The individual lot lines of each parcel that are to be created for separate ownership
g. The location of easements for water line, fire hydrants, sewer and storm sewer lines, and the
location of the electric, gas, and telephone lines, telephone cable and lighting plans
h. Landscaping and tree planting plans with the location of the existing trees and shrubs which are to
be retained, and the method by which they are to be preserved
i. Common open areas and spaces, and the particular uses intended for them
j. Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways, playgrounds,
schools or public buildings
k. A plan showing the following for each existing or proposed building or structure for all sites except
single-family, detached housing which meets the parent zone setbacks:
i. Its location on the lot and within the Planned Unit Development
ii. Its intended use
iii. The number of dwelling units in each residential building
Items ‘iv’ are edited for clarity.
Comment:
iv. Where lots are to contain detached single-family dwellings, the final plan shall show proposed
building envelopes, including the lot area, dimensions, and maximum height of improvements,
and providing for solar access and view protection constraints, where required.
l. Elevation drawings of all typical proposed structures, except detached single-family residences,
which shall meet the setback standards of the applicable zone Ï the drawings shall be accurate and
to scale, including all attached exterior hardware for heating and cooling.
m. Manner of financing
n. Development time schedule
Item ‘o’ is edited for clarity; removed reference to PUDs.
Comment:
o. If individual lots are to be sold, a final plat is required, similar to that required for a subdivision, per
City of Ashland 3-49 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.8 Ï Performance Standards Option and PSO Overlay
chapter 18-5.3.
p. Final plans for location of water, sewer, drainage, electric and cable T.V. facilities, and plans for
street improvements and grading or earth-moving improvements.
q. The location of all trees over six (6) inches diameter at breast height, which are to be removed by
the developer. Such trees are to be tagged with flagging at the time of Final Plan approval. See also,
chapter 18-4.13 Tree Preservation and Protection.
5. Criteria for Final Plan Approval. Final Plan approval shall be granted upon finding of substantial
conformance with the Outline Plan. Nothing in this provision shall limit reduction in the number of
dwelling units or increased open space provided that, if this is done for one phase, the number of
dwelling units shall not be transferred to another phase, nor the open space reduced below that
permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the
minor modifications from one planning step to another. Substantial conformance shall exist when
comparison of the outline plan with the final plan shows that:
a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved
outline plan, but in no case shall the number of units exceed those permitted in the outline plan.
b. The yard depths and distances between main buildings vary no more than ten (10%) percent of
those shown on the approved outline plan, but in no case shall these distances be reduced below
the minimum established within this Title.
c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan.
d. The building size does not exceed the building size shown on the outline plan by more than ten
(10%) percent.
e. The building elevations and exterior materials are in conformance with the purpose and intent of
this Title and the approved outline plan.
f. That the additional standards which resulted in the awarding of bonus points in the outline plan
approval have been included in the final plan with substantial detail to ensure that the performance
level committed to in the outline plan will be achieved.
g. The development complies with the Street Standards.
6. Any substantial amendment to an approved Final Plan shall follow a Type I procedure and be reviewed in
accordance with the criteria for above criteria.
Wouldn’t a substantial deviation from approved plans require an amended Outline Plan, i.e.,
Comment:
for that portion of the project is that proposed to change?
18-3.8.040 Performance Standards for Residential Developments
The following is carried forward from 18.88.040 and edited for clarity. Removed extra
Comment:
verbiage, e.g., “Open Space is optional for developments of fewer than 10 lots.”
City of Ashland 3-50 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.8 Ï Performance Standards Option and PSO Overlay
A. Base Densities. The density of the development shall not exceed the density established by this section.
The density shall be computed by dividing the total number of dwelling units by the acreage of the project,
including land dedicated to the public. Fractional portions of the final answer, after bonus point calculations,
shall not apply towards the total density.
1. The base density, for purposes of determining density bonuses allowed under this section, is as provided
in Table 18-3.8.040:
Table 18-3.8.040 Base Densities for Determining Allowable Density
Bonus with Performance Standards Option
Zone llowable Density (dwelling units
A
per acre)
WR-2 0.30 du/acre
WR-2.5 0.24 du/acre
WR-5 0.12 du/acre
WR-10 0.06 du/acre
WR-20 0.03 du/acre
RR-1 0.60 du/acre
RR-.5 1.2 du/acre
R-1-10 2.40 du/acre
R-1-7.5 3.60 du/acre
R-1-5 4.50 du/acre
R-1-3.5 7.2 du/acre
R-2 13.5 du/acre
R-3 20 du/acre
2. Open Space Required. All developments with a base density of ten (10) units or greater shall be
required to provide a minimum of five percent (5%) of the total lot area in Open Space; that area is not
subject to bonus point calculations, however, density bonuses shall be awarded to open space areas in
excess of the 5% required by this subsection.
The highlighted in ‘2’ appears to contradict the highlighted provision in ‘B.2.a,’
Comment:
below. Please advise.
B. Density Bonus Point Calculations. The permitted base density shall be increased by the percentage
gained through bonus points. In no case shall the density exceed that allowed under the Comprehensive
Plan. The maximum density bonus permitted shall be 60% (base density x 1.6), pursuant to the following
criteria:
1. Conservation Housing. A maximum 15% bonus is allowed Ï 100% of the homes or residential units
approved for development, after bonus point calculations, shall meet the minimum requirements for
certification as a Earth Advantage home, as approved by the Ashland Conservation Division under the
CityÔ s Earth Advantage program as adopted by resolution 2006-06.
2. Provision of Common Open Space. A maximum 10% bonus is allowed, pursuant to the following:
The highlighted provision in ‘b’ appears to contradict the highlighted provision in
Comment:
‘a’, and that in subsection A.2, above. Please advise.
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a. Purpose. Common open spaces may be provided in the form of natural areas, wetlands,
playgrounds, active or passive recreational areas, and similar areas in common ownership. All areas
set aside for common open space may be counted for base density, unless otherwise excluded by
section 18-3.8.040.A.2. However, for the purposes of awarding density bonus points, the Planning
Commission shall consider whether or not the common open space is a significant amenity to
project residents, and whether project residents will realistically interact with the open space on a
day-to-day basis. The purpose of the density bonus for common open space is to permit areas,
which could otherwise be developed, or sold as individual lots, to be retained in their natural state
or to be developed as a recreational amenity. It is not the purpose of this provision to permit
density bonuses for incidental open spaces that have no realistic use by project residents on a day-
to-day basis.
b. Standard. For developments with fewer than ten (10) units that provide more than 2% of the project
area for common open space, or for developments of ten (10) units or greater that provide more
than 5% open space, a 1% bonus shall be awarded for each 1% of the total project area in common
open space.
3. Provision of Major Recreational Facilities. A maximum 10% bonus is allowed, pursuant to the following:
a. Purpose. Points may be awarded for the provision of major recreational facilities such as tennis
courts, swimming pools, playgrounds, or similar facilities.
b. Standard. For each percent (1%) of total project cost devoted to recreational facilities, a 6% density
bonus may be awarded up to a maximum of 10% bonus. Total project cost shall be defined as the
estimated sale price or value of each residential unit times the total number of units in the project.
Estimated value shall include the total market value for the structure and land. The cost of the
recreational facility shall be prepared by a qualified architect or engineer using current costs of
recreational facilities.
4. Affordable Housing. A maximum bonus of 35% is allowed, pursuant to the following: For every one
percent (1%) of units that are affordable, a two percent (2%) density bonus is allowed. For example,
where 10% of units are affordable, a density bonus of 20% is allowed. Affordable housing bonus shall be
for residential units that are guaranteed affordable for moderate-income persons in accord with the
standards of section 18-2.5.080.
Subsection 4, above, revises the affordable housing incentive from 1% to 2%, consistent with
Comment:
changes made in 18-2.5.070 Residential Density Bonus in R-2 and R-3, per the Planning Commission input
on the Policy Issues and Recommendations from the 2006 Land Use Ordinance Review.
18-3.8.050 Street Standards
The following is carried forward from 18.88.050 and edited for clarity.
Comment:
All development under this chapter shall conform to the following street standards, which are in addition to the
requirements of chapter 18-4.7 Public Facilities.
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A. Private Drive. A private drive is a road in private ownership, not dedicated to the public, which serves
three (3) or fewer dwelling units. No curbs or sidewalks are required for a private drive. On-street parking
is prohibited on private drives. The private drive standard is as follows:
2 to 3 Units 15 feet paved driving surface ith 20 feet dedicated width
w
1 Unit 12 feet paved driving surface ith 15 feet dedicated width
w
B. Dedicated Public Streets Required. All roads which serve four (4) units or greater, and which are in an
R-1, RR and WR zone, must be dedicated to the public and shall be developed to the Street Standards of
this section.
C. Dead End. No dead end road shall exceed 500 feet in length, not including the turnaround. Dead end
roads must terminate in an improved turnaround as defined in the Performance Standards guidelines
adopted pursuant to section 18-3.8.090.
D. Obstructed Streets. Creating an obstructed street is prohibited.
E. Street Grade. Street grades measured at the street centerline for dedicated streets and flag drives shall be
as follows:
1. Street and private drive grades in Performance Standards Developments shall not exceed a maximum
grade of 15%. No variance may be granted to this section for public streets. Variances may be granted
for private drives for grades in excess of 15% but not greater than 18% for no more than 200'. Such
variances shall be required to meet all of the criteria for approval as found in chapter 18-5.5.
2. Private drives serving structures greater than 24 feet in height shall provide a Fire Work Area of 20 feet
by 40 feet within 50 feet of the structure. The Fire Work Area requirement shall be waived if the
structure served by the drive has an approved automatic sprinkler system installed.
3. Private drives and work areas shall be deemed Fire Lanes and subject to all requirements thereof.
4. When required by the Oregon Fire Code, private drives greater than 150 feet in length shall provide a
turnaround as defined in the Performance Standards Guidelines as provided in 18-3.8.090. The Staff
Advisor, in coordination with the Fire Code Official, may extend the distance of the turnaround
requirement up to a maximum of 250 feet in length as allowed by Oregon Fire Code access exemptions.
The performance measures included under section 2 of the Exception to the Street
Comment:
Standards below are new, and added to provided specific factors for evaluation when considering
whether a proposal “will result in equal or superior transportation facilities.”
F. Exception to Street Standards. An exception to the Street Standards is not subject to the Variance
requirements of section 18-5.5 and may be granted with respect to the Street Standards in 18-3.8.050
where all of the following circumstances are found to exist:
1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or
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18-3.8 Ï Performance Standards Option and PSO Overlay
unusual aspect of the site or proposed use of the site.
2. The exception will result in equal or superior transportation facilities and connectivity considering the
following factors where applicable:
a. for transit facilities and related improvements, access, wait time and ride experience;
b. for bicycle facilities, feeling of safety and quality of experience (i.e. comfort level of bicycling along
the roadway) and frequency of conflicts with vehicle cross traffic; and
c. for pedestrian facilities, feeling of safety and quality of experience (i.e. comfort level of walking along
roadway) and ability to safety and efficiency crossing roadway.
3. The exception is the minimum necessary to alleviate the difficulty.
4. The exception is consistent with the Purpose and Intent in section 18-3.8.010.
18-3.8.060 Parking Standards
The following is carried forward from 18.88.060 and edited for clarity.
Comment:
All development under this chapter shall conform to the following parking standards, which are in addition to
the requirements of chapter 18-4.4 Parking and Loading.
A. On-Street Parking Required.At least one (1) on-street parking space per dwelling unit shall be
provided, in addition to the off-street parking requirements for all developments in an R-1 zone and for all
developments in R-2 and R-3 zones that create or improve public streets.
B. On-Street Parking Standards. On-street parking spaces shall be immediately adjacent to the public right-
of-way on publicly or association-owned land and be directly accessible from public right-of-way streets. On-
street parking spaces shall be located within 200 feet of the dwelling that it is intended to serve. In addition,
on-street public parking may be provided pursuant to minimum criteria established under section 18-
4.3.060.A.
C. Signing of Streets.The installation of "No Parking" signs regulating parking in the public right-of-way and
any other signs related to the regulation of on-street parking shall be consistent with the Street Standards in
18-3.8.050, and shall be consistent with the respective City planning approval.
18-3.8.070 Setbacks and Lot Coverage
The following is carried forward from 18.88.070 and edited for clarity. Deleted the extra
Comment:
verbiage under 18.88.070.C (“Maximum heights shall be the same as required in the parent zone.”).
The highlighted section F below on lot coverage is new, and is added to clarify that lot coverage in a
Performance Standards Subdivision can be either calculated for each individual lot or on for the entire
site. This is the approach that has been used historically, but it is not currently explicitly stated in the
ordinance.
All development under this chapter shall conform to the following setback standards, which are in addition to
the requirements of the applicable zone.
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18-3.8 Ï Performance Standards Option and PSO Overlay
A. Front Yard Setback. Front yard setbacks shall follow the requirements of the underlying district.
B. Building Separation. One-half of the building height at the wall closest to the adjacent building shall be
required as the minimum width between buildings on the same site, except within non-residential zoning
districts including C-1, C-1-D, E-1, CM, and M-1.
C. Solar Setback. Solar setbacks shall meet the requirements of 18-???.
D. Perimeter Setback. Setbacks along the perimeter of the development shall have the same setbacks as
required in the parent zone.
E. Building Envelope for Single-Family Structure. Any single-family structure not shown on the plan
must meet the setback requirements established in the building envelope on the Outline Plan.
F. Lot Coverage. Lot coverage may be addressed on an individual lot basis, or for the entire site at the time
of subdivision application. In either option, the maximum lot coverage for the zone shall be met. If lot
coverage is calculated for the entire site, the Outline Plan application shall include the lot coverage
calculations as well as the lot coverage assigned to the individual lots.
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18-3.8 Ï Performance Standards Option and PSO Overlay
18-3.8.080 PSO-Overlay
The following carries forward and edits 18.88.080.
Comment:
A. Purpose.The purpose of the PSO-overlay is to distinguish between those areas that have been largely
developed under the subdivision code, and those areas, which, due to the undeveloped nature of the
property, sloping topography, or the existence of vegetation or natural hazards, are more suitable for
development under Performance Standards.
B. Applicability. All developments in PSO-overlay areas, other than partitions and development of individual
dwelling units, shall be processed under chapter 18-3.8. The minimum number of dwelling units for a
Performance Standards Subdivision within residential zoning districts is three (3).
C. Permitted Uses.In a PSO-overlay area, the granting of the application shall be considered an outright
permitted use, subject to review by the Commission for compliance with the standards set forth in this
ordinance and the guidelines adopted by the Council.
D. Development Outside PSO-overlay. If a parcel is not in a PSO-overlay area, then development under
this chapter may only be approved if one or more of the following conditions exist:
1. The parcel is larger than two acres and is greater than 200 feet in average width; or
2. That development under this chapter is necessary to protect the environment and the neighborhood
from degradation which would occur from development to the maximum density allowed under
subdivision standards, or would be equal in its aesthetic and environmental impact; or
3. The property is zoned R-2, R-3 or CM.
18-3.9.090 Performance Standards Guidelines
The following carries forward and edits 18.88.090.
Comment:
The Council may adopt guidelines for Performance Standards developments by ordinance, following a Type III
public hearing held by the Planning Commission. These guidelines may contain:
A. Minimum standards for Performance Standards developments, including energy and water efficient housing
standards; turn-around and other street standards; and minimum landscaping and design standards.
B. Methods of achieving bonuses recommended by the Council.
C. Additional standards and recommendations regarding project and unit design and layout, landscaping, street
furniture, and other aesthetic considerations.
D. Interpretations of the intent and purpose of this chapter, applied to specific examples.
E. Other informational or educational materials the Council deems advisable.
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18-3.8 Ï Performance Standards Option and PSO Overlay
Chapter 18-3.9 Physical and Environmental Constraints Overlay
Sections
18-3.9.010 Purpose and Intent
18-3.9.020 Applicability
18-3.9.030 Approval and Permit Required
18-3.9.040 Land Classifications
18-3.9.050 Official Maps
18-3.9.060 Development Standards for Flood Plain Corridor Lands
18-3.9.070 Development Standards for Hillside Lands
18-3.9.080 Development Standards for Wildfire Lands
18-3.9.090 Development Standards for Severe Constraint Lands
18-3.9.100 Density Transfer
18-3.9.110 Penalties
This chapter carries forward 18.62. Edits are limited to renumbering sections/subsections and
Comment:
minor grammatical corrections (e.g., hyphenations, spelling, and commas). The section numbers shifted
by ten, as compared to 18.62, after removing the definitions, though the code cross-references are
updated. Definitions are relocated to 18-6, and graphics will be replaced in final draft.
18-3.9.010 Purpose and Intent
The purpose of this chapter is to provide for safe, orderly and beneficial development of districts characterized
by diversity of physiographic conditions and significant natural features; to limit alteration of topography and
reduce encroachment upon, or alteration of, any natural environment and; to provide for sensitive development
in areas that are constrained by various natural features. Physiographic conditions and significant natural features
can be considered to include, but are not limited to: slope of the land, natural drainage ways, wetlands, soil
characteristics, potential landslide areas, natural and wildlife habitats, forested areas, significant trees, and
significant natural vegetation.
18-3.9.020 Applicability
The type of regulation applicable to the land depends upon the classification in which the land is placed, as
provided in section 18-3.9.040. Where this chapter and any other ordinance (e.g. 18-2.10 Water Resource
Protection Overlay), easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
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18-3.9.030 Approval and Permit Required
A Physical Constraints Review Permit is required for the following activities:
A. Development, as defined in 18-6, in areas identified as Flood Plain Corridor Land, Hillside Land, or Severe
Constraint Land. In addition all activities located within an area of special flood hazard are subject to the
provisions for a Development Permit under 15.10 Flood Damage and Prevention Regulations.
B. Tree removal, as defined in 18-6, in areas identified as Flood Plain Corridor Land.
C. Commercial logging, in areas identified as Flood Plain Corridor Land, Hillside Land, or Severe Constraint
Land.
D. Tree removal, in areas identified as Hillside Land and Severe Constraint Land, except that a permit need not
be obtained for tree removal that is not associated with development, and done for the purposes of wildfire
management and carried out in accord with a Fire Prevention and Control Plan approved by the Fire Chief.
E. If a development is part of a Site Review, Performance Standards Development, Conditional Use Permit,
Subdivision, Partition, or other Planning Action, then the Review shall be conducted simultaneously with the
Planning Action.
F. If a development is exclusive of any other Planning Action, as noted in Subsection B, then the Physical
Constraints Review shall be processed as a Staff Permit.
G. Where it appears that the proposal is part of a more extensive development that would require a master
site plan, or other planning action, the Staff Advisor shall require that all necessary applications be filed
simultaneously.
H. Plans Required. The following plans shall be required for any development requiring a Physical Constraints
Review:
1. Plans shall contain the following:
a. Project name
b. Vicinity map.
c. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing the largest scale that fits
on 22" x 34" paper. Multiple plans or layers shall be prepared at the same scale, excluding detail
drawings. The Staff Advisor may authorize different scales and plan sheet sizes for projects, provided
the plans provide sufficient information to clearly identify and evaluate the application request.
d. North arrow.
e. Date.
f. Street names and locations of all existing and proposed streets within or on the boundary of the
proposed development.
g. Lot layout with dimensions for all lot lines.
h. Location and use of all proposed and existing buildings, fences and structures within the proposed
development. Indicate which buildings are to remain and which are to be removed.
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i. Location and size of all public utilities affected by the proposed development.
j. Location of drainage ways or public utility easements in and adjacent to the proposed development,
and location of all other easements.
k. Topographic map of the site at a contour interval of not less than two feet nor greater than five feet
Ï the topographic map shall also include a slope analysis, indicating buildable areas, as shown in the
graphic.
l. Location of all parking areas and spaces, ingress and egress on the site, and on-site circulation
m. Accurate locations of all existing natural features including, but not limited to, all trees as required in
18-3.9.070.D.1, including those of a caliper equal to or greater than six (6) inches in diameter at
breast height (dbh), native shrub masses with a diameter of ten (10) feet or greater, natural
drainage, swales, wetlands, ponds, springs, or creeks on the site, and outcroppings of rocks,
boulders, etc. Natural features on adjacent properties potentially impacted by the proposed
development shall also be included, such as trees with drip-lines extending across property lines. In
forested areas, it is necessary to identify only those trees that will be affected or removed by the
proposed development. Indicate any contemplated modifications to a natural feature, including trees,
method of erosion control, water runoff control, and proposed tree protection for the
development as required by this chapter.
o. Building envelopes for all existing and proposed new parcels that contain only buildable area, as
defined by this chapter.
p. Location of all irrigation canals and major irrigation lines.
q. Location of all areas of land disturbance, including cuts, fills, driveways, building sites, and other
construction areas. Indicate total area of disturbance, total percentage of project site proposed for
disturbance, and maximum depths and heights of cuts and fill.
r. Location for storage or disposal of all excess materials resulting from cuts associated with the
proposed development.
s. Applicant name, firm preparing plans, person responsible for plan preparation, and plan preparation
dates shall be indicated on all plans.
t. Proposed timeline for development based on estimated date of approval, including completion dates
for specific tasks.
2. Additional plans and studies as required in sections 18-3.9.060, 18-3.9.070, 18-3.9.080 and 18-3.9.090 of
this chapter.
I. Criteria for approval. A Physical Constraints Review Permit shall be issued by the Staff Advisor when the
Applicant demonstrates the following:
1. Through the application of the development standards of this chapter, the potential impacts to the
property and nearby areas have been considered, and adverse impacts have been minimized.
2. That the applicant has considered the potential hazards that the development may create and
implemented measures to mitigate the potential hazards caused by the development.
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3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment.
Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or
Planning Commission shall consider the existing development of the surrounding area, and the maximum
development permitted by this ordinance.
18-3.9.040 Land Classifications
The following factors shall be used to determine the classifications of various lands and their constraints to
building and development on them:
A. Flood Plain Corridor Lands - Lands with potential stream flow and flood hazard. The following lands are
classified as Flood Plain Corridor Lands:
1. All land contained within the 100 year Flood Plain as defined by the Federal Insurance Administration
and identified in the Flood Insurance Map (FIRM) adopted by the Council as provided for in chapter
15.10 of the Ashland Municipal Code.
2. All land within the area defined as Flood Plain Corridor Land in maps adopted by the Council as
provided for in section 18-3.9.050.
3. All lands which have physical or historical evidence of flooding in the historical past.
4. All areas within 20 feet (horizontal distance) of any stream identified as a Riparian Preservation Creek
on the Physical and Environmental Constraints Floodplain Corridor Lands map adopted pursuant to
section 18-3.9.050.
5. All areas within ten (10) feet (horizontal distance) of any stream identified as a Land Drainage Corridor
on the Physical and Environmental Constraints Floodplain Corridor Lands maps adopted pursuant to
section 18-3.9.050.
B. Hillside Lands - Hillside Lands are lands that are subject to damage from erosion and slope failure, and which
include areas that are highly visible from other portions of the city. The following lands are classified as
Hillside Lands: All areas defined as Hillside Lands on the Physical Constraints Overlay map and which have a
slope of 25% or greater.
C. Wildfire Lands - Lands with potential of wildfire. The following lands are classified as Wildfire Lands: All
areas defined as wildfire lands on the Physical and Environmental Constraints Wildfire Lands map.
D. Severe Constraint Lands - The following lands are classified as Severe Constraint Lands, which have
characteristics that severely limit normal development.
1. All areas that are within the floodway channels, as defined in chapter 15.10.
2. All lands with a slope greater than 35%.
E. Classifications Cumulative. The above classifications are cumulative in their effect and, if a parcel of land falls
under two or more classifications, it shall be subject to the regulations of each classification. Those
restrictions applied shall pertain only to those portions of the land being developed and not necessarily to
the whole parcel.
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18-3.9.050 Official Maps
A. The City Council shall adopt official maps denoting the above identified areas. Substantial amendments of
these maps shall be a Type 3 procedure.
B. Minor amendments of the maps to correct mapping errors when the amendments are intended to more
accurately reflect the mapping criteria contained in this chapter or in the findings of the Council in adopting
an official map may be processed as a Type 1 procedure.
18-3.9.060 Development Standards for Flood Plain Corridor Lands
For all land use actions that could result in development of the Flood Plain Corridor, the following is required in
addition to any requirements of chapter 15.10:
A. Standards for fill in Flood Plain Corridor Lands:
1. Fill shall be designed as required by the Oregon Structural Specialty Code (OSSC), and Oregon
Residential Specialty Code (ORSC), where applicable.
2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as defined in section 15.10,
and the fill shall not exceed the angle of repose of the material used for fill.
3. The amount of fill in the Flood Plain Corridor shall be kept to a minimum. Fill and other material
imported from off the lot that could displace floodwater shall be limited to the following:
a. Poured concrete and other materials necessary to build permitted structures on the lot.
b. Aggregate base and paving materials, and fill associated with approved public and private street and
driveway construction.
c. Plants and other landscaping and agricultural material.
d. A total of 50 cubic yards of other imported fill material.
e. The above limits on fill shall be measured from April 1989, and shall not exceed the above amounts.
These amounts are the maximum cumulative fill that can be imported onto the site, regardless of
the number of permits issued.
4. If additional fill is necessary beyond the permitted amounts in (3) above, then fill materials must be
obtained on the lot from cutting or excavation only to the extent necessary to create an elevated site
for permitted development. All additional fill material shall be obtained from the portion of the lot in the
Flood Plain Corridor.
5. Adequate drainage shall be provided for the stability of the fill.
6. Fill to raise elevations for a building site shall be located as close to the outside edge of the Flood Plain
Corridor as feasible.
B. Stream crossing for streets, access or utilities of any waterway or stream identified on the official maps
adopted pursuant to section 18-3.9.050 must be designed by an engineer. Stream crossings shall be designed
to the standards of chapter 15.10, or where no floodway has been identified, to pass a one hundred (100)
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year flood without any increase in the upstream flood height elevation. The engineer shall consider in the
design the probability that the crossing will be blocked by debris in a severe flood, and accommodate
expected overflow. The crossing shall be at right angles to the stream channel to the greatest extent
possible. Fill for stream crossings shall be kept to the minimum necessary to achieve property access, but is
exempt from the limitations in subsection (A) above.
C. Non-residential structures shall be flood-proof to the standards in chapter 15.10 to one foot above the
elevation contained in the maps adopted by chapter 15.10, or up to the elevation contained in the official
maps adopted by section 18-3.9.050, whichever height is greater. Where no specific elevations exist, then
they must be flood-proofed to an elevation of ten feet above the stream channel on Ashland, Bear or Neil
Creek; to five feet above the stream channel on all other Riparian Preservation Creeks identified on the
official maps adopted pursuant to section 18-3.9.050; and three feet above the stream channel on all other
Land Drainage Corridors identified on the official maps adopted pursuant to section 18-3.9.050.
D. All residential structures shall be elevated so that the lowest habitable floor shall be raised to one foot
above the elevation contained in the maps adopted in chapter 15.10, or to the elevation contained in the
official maps adopted pursuant to section 18-3.9.050, whichever height is greater. Where no specific
elevations exist, then they must be constructed at an elevation of ten feet above the stream channel on
Ashland, Bear, or Neil Creek; to five feet above the stream channel on all other Riparian Preservation
Creeks identified on the official maps adopted pursuant to section 18-3.9.050; and three feet above the
stream channel on all other Land Drainage Corridors identified on the official maps adopted pursuant to
section 18-3.9.050, or one foot above visible evidence of high flood water flow, whichever is greater. The
elevation of the finished lowest habitable floor shall be certified to the City by an engineer or surveyor prior
to issuance of a certificate of occupancy for the structure.
E. To the maximum extent feasible, structures shall be placed on other than Flood Plain Corridor Lands. In the
case where development is permitted in the Flood Plain Corridor area, then development shall be limited to
that area which would have the shallowest flooding.
F. Existing lots with buildable land outside the Flood Plain Corridor shall locate all residential structures
outside the Corridor Land, unless 50% or more of the lot is within the Flood Plain Corridor. For residential
uses proposed for existing lots that have more than 50% of the lot in Corridor Land, structures may be
located on that portion of the Flood Plain Corridor that is two feet or less below the flood elevations on
the official maps, but in no case closer than 20 feet to the channel of a Riparian Preservation Creek
identified on the official maps adopted pursuant to section 18-3.9.050. Construction shall be subject to the
requirements in paragraph D above.
G. New non-residential uses may be located on that portion of Flood Plain Corridor Lands that equal to or
above the flood elevations on the official maps adopted in section 18-3.9.050. Second story construction
may be cantilevered or supported by pillars that will have minimal impact on the flow of floodwaters over
the Flood Plain Corridor for a distance of 20 feet if it does not impact riparian vegetation, and the clearance
from finished grade is at least ten feet in height. The finished floor elevation may not be more than two feet
below the flood corridor elevations.
H. All lots modified by property line adjustments, and new lots created from areas containing Flood Plain
Corridor Land, must have building envelopes containing buildable area of a sufficient size to accommodate
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the uses permitted in the underling zone, unless the action is for open space or conservation purposes. This
section shall apply even if the effect is to prohibit further division of lots that are larger than the minimum
size permitted in the zoning ordinance.
I. Basements.
1. Habitable basements are not permitted for new or existing structures or additions located within the
Flood Plain Corridor.
2. Non-habitable basements, used for storage, parking, and similar uses are permitted for residential
structures but must be flood-proofed to the standards of chapter 15.10.
J. Storage of petroleum products, pesticides, or other hazardous or toxic chemicals is not permitted in Flood
Plain Corridor Lands.
K. Fences shall be located and constructed in accordance with section 18-3.10.050.B.3. Fences shall not be
constructed across any waterway or stream identified on the official maps adopted pursuant to section 18-
3.9.050. Fences shall not be constructed within any designated floodway.
L. Decks and structures other than buildings, if constructed on Flood Plain Corridor Lands and at or below the
levels specified in section 18-3.9.060.C and D, shall be flood-proofed to the standards contained in chapter
15.10.
M. Local streets and utility connections to developments in and adjacent to the Flood Plain Corridor shall be
located outside of the Flood Plain Corridor, except for crossing the Corridor, except as provided for in
chapter 18-3.10 Water Resource Protection Zones, or in the Flood Plain Corridor as outlined below:
1. Public street construction may be allowed within the Bear Creek Flood Plain Corridor as part of
development following the adopted North Mountain Neighborhood Plan. This exception shall only be
permitted for that section of the Bear Creek Flood Plain Corridor between North Mountain Avenue
and the Nevada Street right-of-way. The new street shall be constructed in the general location as
indicated on the neighborhood plan map, and in the area generally described as having the shallowest
potential for flooding within the corridor.
2. Proposed development that is not in accord with the North Mountain Neighborhood Plan shall not be
permitted to utilize this exception.
18-3.9.070 Development Standards for Hillside Lands
It is the purpose of the Development Standards for Hillside Lands to provide supplementary development
regulations to underlying zones to ensure that development occurs in such a manner as to protect the natural
and topographic character and identity of these areas, environmental resources, the aesthetic qualities and
restorative value of lands, and the public health, safety, and general welfare by insuring that development does
not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems, and severe cutting or
scarring. It is the intent of these development standards to encourage a sensitive form of development and to
allow for a reasonable use that complements the natural and visual character of the City.
A. General Requirements. The following general requirements shall apply in Hillside Lands:
1. All development shall occur on lands defined as having buildable area. Slopes greater than 35% shall be
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considered unbuildable except as allowed below. Variances may be granted to this requirement only as
provided in section 18-3.9.070.H.
a. Existing parcels without adequate buildable area less than or equal to 35% shall be considered
buildable for one unit.
b. Existing parcels without adequate buildable area less than or equal to 35% cannot be subdivided or
partitioned.
2. All newly created lots either by subdivision or partition shall contain a building envelope with a slope of
35% or less.
3. New streets, flag drives, and driveways shall be constructed on lands of less than or equal to 35% slope
with the following exceptions:
a. The street is indicated on the City's Transportation Plan Map - Street Dedications.
b. The portion of the street, flag drive, or driveway on land greater than 35% slope does not exceed a
length of 100 feet.
4. Geotechnical Studies. For all applications on Hillside Lands involving subdivisions or partitions, the
following additional information is required: A geotechnical study prepared by a geotechnical expert
indicating that the site is stable for the proposed use and development. The study shall include the
following information:
a. Index map.
b. Project description to include location, topography, drainage, vegetation, discussion of previous
work and discussion of field exploration methods.
c. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and
surficial materials, including artificial fill, locations of any faults, folds, etc., and structural data
including bedding, jointing and shear zones, soil depth and soil structure.
d. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that
may be affected by on-site development.
e. Suitability of site for proposed development from a geologic standpoint.
f. Specific recommendations for cut and fill slope stability, seepage and drainage control or other
design criteria to mitigate geologic hazards.
g. If deemed necessary by the engineer or geologist to establish whether an area to be affected by the
proposed development is stable, additional studies and supportive data shall include cross-sections
showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test
and references.
h. Signature and registration number of the engineer and/or geologist.
i. Additional information or analyses as necessary to evaluate the site.
j. Inspection schedule for the project as required in 18-3.9.070.B.9.
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k. Location of all irrigation canals and major irrigation pipelines.
B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans
conforming to the following items:
1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands
shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to the International
Building Code and be consistent with the provisions of this Title. Erosion control measures on the
development site shall be required to minimize the solids in runoff from disturbed areas.
2. For development other than single family homes on individual lots, all grading, drainage improvements,
or other land disturbances shall only occur from May 1 to October 31. Excavation shall not occur
during the remaining wet months of the year. Erosion control measures shall be installed and functional
by October 31. Up to 30 day modifications to the October 31 date, and 45 day modification to the May
1 date may be made by the Planning Director, based upon weather conditions and in consultation with
the project geotechnical expert. The modification of dates shall be the minimum necessary, based upon
evidence provided by the applicant, to accomplish the necessary project goals.
3. Retention in natural state. On all projects on Hillside Lands involving partitions and subdivisions, and
existing lots with an area greater than one-half acre, an area equal to 25% of the total project area, plus
the percentage figure of the average slope of the total project area, shall be retained in a natural state.
Lands to be retained in a natural state shall be protected from damage through the use of temporary
construction fencing or the functional equivalent. For example, on a 25,000 sq. ft. lot with an average
slope of 29%, 25%+29%=54% of the total lot area shall be retained in a natural state. The retention in a
natural state of areas greater than the minimum percentage required here is encouraged.
4. Grading - cuts. On all cut slopes on areas classified as Hillside Lands, the following standards shall apply:
a. Cut slope angles shall be determined in relationship to the type of materials of which they are
composed. Where the soil permits, limit the total area exposed to precipitation and erosion. Steep
cut slopes shall be retained with stacked rock, retaining walls, or functional equivalent to control
erosion and provide slope stability when necessary. Where cut slopes are required to be laid back
(1:1 or less steep), the slope shall be protected with erosion control getting or structural equivalent
installed per manufacturers specifications, and revegetated.
b. Exposed cut slopes (See Graphic), such as those for streets, driveway accesses, or yard areas,
greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed
a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the
introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical
height of 15 feet. The top of cut slopes not utilizing structural retaining walls shall be located a
minimum setback of one-half the height of the cut slope from the nearest property line. Cut slopes
for structure foundations encouraging the reduction of effective visual bulk, such as split pad or
stepped footings shall be exempted from the height limitations of this section.
c. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction of top
soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall
be native, or species similar in resource value to native plants, which will survive, help reduce the
visual impact of the cut slope, and assist in providing long term slope stabilization. Trees, bush-type
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plantings and cascading vine-type plantings may be appropriate.
5. Grading - fills. On all fill slopes on lands classified as Hillside Lands, the following standards shall apply:
a. Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope area not utilizing
structural retaining shall be a minimum of six feet from the nearest property line.
b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent.
Netting or blankets shall only be used in conjunction with an organic mulch such as straw or wood
fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does
not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in
accordance with manufacturer's recommendations.
c. Utilities. Whenever possible, utilities shall not be located or installed on or in fill slopes. When
determined that it necessary to install utilities on fill slopes, all plans shall be designed by a
geotechnical expert.
d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource value and
which will survive and stabilize the surface. Irrigation may be provided to ensure growth if
necessary. Evidence shall be required indicating long-term viability of the proposed vegetation for
the purposes of erosion control on disturbed areas.
6. Revegetation requirements. Where required by this chapter, all required revegetation of cut and fill
slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a required survey
plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner
as to be substantially established within one year of installation.
7. Maintenance, Security, and Penalties for Erosion Control Measures.
a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not
limited to vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas
which have been disturbed, including public rights-of-way. The applicant shall provide evidence
indicating the mechanisms in place to ensure maintenance of measures.
b. Security. Except for individual lots existing prior to January 1, 1998, after an Erosion Control Plan is
approved by the hearing authority and prior to construction, the applicant shall provide a
performance bond or other financial guarantees in the amount of 120% of the value of the erosion
control measures necessary to stabilize the site. Any financial guarantee instrument proposed other
than a performance bond shall be approved by the City Attorney. The financial guarantee instrument
shall be in effect for a period of at least one year, and shall be released when the Planning Director
and Public Works Director determine, jointly, that the site has been stabilized. All or a portion of
the security retained by the City may be withheld for a period up to five years beyond the one year
maintenance period if it has been determined by the City that the site has not been sufficiently
stabilized against erosion.
8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following factors:
a. No terracing shall be allowed except for the purposes of developing a level building pad and for
providing vehicular access to the pad.
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b. Avoid hazardous or unstable portions of the site.
c. Avoid hazardous or unstable portions of the site.
d. Building pads should be of minimum size to accommodate the structure and a reasonable amount of
yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the
remaining lot area as possible should be kept in the natural state of the original slope.
9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of the final
survey plat on partitions, or issuance of a certificate of occupancy for individual structures, the project
geotechnical expert shall provide a final report indicating that the approved grading, drainage, and
erosion control measures were installed as per the approved plans, and that all scheduled inspections, as
per 18-3.9.070.A.4.j were conducted by the project geotechnical expert periodically throughout the
project.
C. Surface and Groundwater Drainage. All development on Hillside Lands shall conform to the following
standards:
1. All facilities for the collection of stormwater runoff shall be required to be constructed on the site and
according to the following requirements:
a. Stormwater facilities shall include storm drain systems associated with street construction, facilities
for accommodating drainage from driveways, parking areas and other impervious surfaces, and roof
drainage systems.
b. Stormwater facilities, when part of the overall site improvements, shall be, to the greatest extent
feasible, the first improvements constructed on the development site.
c. Stormwater facilities shall be designed to divert surface water away from cut faces or sloping
surfaces of a fill.
d. Existing natural drainage systems shall be utilized, as much as possible, in their natural state,
recognizing the erosion potential from increased storm drainage.
e. Flow-retarding devices, such as detention ponds and recharge berms, shall be used where practical
to minimize increases in runoff volume and peak flow rate due to development. Each facility shall
consider the needs for an emergency overflow system to safely carry any overflow water to an
acceptable disposal point.
f. Stormwater facilities shall be designed, constructed and maintained in a manner that will avoid
erosion on-site and to adjacent and downstream properties.
g. Alternate stormwater systems, such as dry well systems, detention ponds, and leach fields, shall be
designed by a registered engineer or geotechnical expert and approved by the CityÔs Public Works
Department or City Building Official.
D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the
following requirements:
1. Inventory of Existing Trees. A tree survey at the same scale as the project site plan shall be prepared,
which locates all trees greater than six inches d.b.h., identified by d.b.h., species, approximate extent of
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tree canopy. In addition, for areas proposed to be disturbed, existing tree base elevations shall be
provided. Dead or diseased trees shall be identified. Groups of trees in close proximity (i.e. those within
five feet of each other) may be designated as a clump of trees, with the predominant species, estimated
number and average diameter indicated. All tree surveys shall have an accuracy of plus or minus two
feet. The name, signature, and address of the site surveyor responsible for the accuracy of the survey
shall be provided on the tree survey. Portions of the lot or project area not proposed to be disturbed
by development need not be included in the inventory.
2. Evaluation of Suitability for Conservation. All trees indicated on the inventory of existing trees shall also
be identified as to their suitability for conservation. When required by the hearing authority, the
evaluation shall be conducted by a landscape professional. Factors included in this determination shall
include:
a. Tree health. Healthy trees can better withstand the rigors of development than non-vigorous trees.
b. Tree Structure. Trees with severe decay or substantial defects are more likely to result in damage
to people and property.
c. Species. Species vary in their ability to tolerate impacts and damage to their environment.
d. Potential longevity.
e. Variety. A variety of native tree species and ages.
f. Size. Large trees provide a greater protection for erosion and shade than smaller trees.
3. Tree Conservation in Project Design. Significant trees (2' d.b.h. or greater conifers and 1' d.b.h. or
greater broadleaf) shall be protected and incorporated into the project design whenever possible.
a. Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be located such
that the maximum number of existing trees on the site are preserved, while recognizing and
following the standards for fuel reduction if the development is located in Wildfire Lands.
b. Building envelopes shall be located and sized to preserve the maximum number of trees on site
while recognizing and following the standards for fuel reduction if the development is located in
Wildfire Lands.
c. Layout of the project site utility and grading plan shall avoid disturbance of tree protection areas.
4. Tree Protection. On all properties where trees are required to be preserved during the course of
development, the developer shall follow the following tree protection standards:
a. All trees designated for conservation shall be clearly marked on the project site. Prior to the start
of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or change in ground
elevation, the applicant shall install fencing at the drip line of all trees to be preserved adjacent to or
in the area to be altered. Temporary fencing shall be established at the perimeter of the drip-line.
Prior to grading or issuance of any permits, the fences may be inspected and their location approved
by the Staff Advisor. (See chapter 18-4.13 Tree Preservation and Protection)
b. Construction site activities, including but not limited to parking, material storage, soil compaction
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and concrete washout, shall be arranged so as to prevent disturbances within tree protection areas.
c. No grading, stripping, compaction, or significant change in ground elevation shall be permitted within
the drip line of trees designated for conservation unless indicated on the grading plans, as approved
by the City, and landscape professional. If grading or construction is approved within the drip-line, a
landscape professional may be required to be present during grading operations, and shall have
authority to require protective measures to protect the roots.
d. Changes in soil hydrology and site drainage within tree protection areas shall be minimized.
Excessive site run-off shall be directed to appropriate storm drain facilities and away from trees
designated for conservation.
e. Should encroachment into a tree protection area occur which causes irreparable damage, as
determined by a landscape professional, to trees, the project plan shall be revised to compensate for
the loss. Under no circumstances shall the developer be relieved of responsibility for compliance
with the provisions of this chapter.
5. Tree Removal. Development shall be designed to preserve the maximum number of trees on a site.
The development shall follow the standards for fuel reduction if the development is located in Wildfire
Lands. When justified by findings of fact, the hearing authority may approve the removal of trees for one
or more of the following conditions:
a. The tree is located within the building envelope.
b. The tree is located within a proposed street, driveway, or parking area.
c. The tree is located within a water, sewer, or other public utility easement.
d. The tree is determined by a landscape professional to be dead or diseased, or it constitutes an
unacceptable hazard to life or property when evaluated by the standards in 18-3.9.070.D.2.
e. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life
of the tree, as determined by a landscape professional.
6. Tree Replacement. Trees approved for removal, with the exception of trees removed because they
were determined to be diseased, dead, or a hazard, shall be replaced in compliance with the following
standards:
a. Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall include all
locations for replacement trees, and shall also indicate tree planting details.
b. Replacement trees shall be planted such that the trees will in time result in canopy equal to or
greater than the tree canopy present prior to development of the property. The canopy shall be
designed to mitigate of the impact of paved and developed areas, reduce surface erosion and
increase slope stability. Replacement tree locations shall consider impact on the wildfire prevention
and control plan. The hearing authority shall have the discretion to adjust the proposed replacement
tree canopy based upon site-specific evidence and testimony.
c. Maintenance of replacement trees shall be the responsibility of the property owner. Required
replacement trees shall be continuously maintained in a healthy manner. Trees that die within the
first five years after initial planting must be replaced in kind, after which a new five year replacement
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period shall begin. Replanting must occur within 30 days of notification unless otherwise noted.
7. Enforcement.
a. All tree removal shall be done in accord with the approved tree removal and replacement plan. No
trees designated for conservation shall be removed without prior approval of the City of Ashland.
b. Should the developer or developer's agent remove or destroy any tree that has been designated for
conservation, the developer may be fined up to three times the current appraised value of the
replacement trees and cost of replacement or up to three times the current market value, as
established by a professional arborist, whichever is greater.
c. Should the developer or developer's agent damage any tree that has been designated for protection
and conservation, the developer shall be penalized $50.00 per scar. If necessary, a professional
arborist's report, prepared at the developer's expense, may be required to determine the extent of
the damage. Should the damage result in loss of appraised value greater than determined above, the
higher of the two values shall be used.
E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be
designed and constructed in compliance with the following standards:
1. Building Envelopes. All newly created lots, either by subdivision or partition, shall contain building
envelopes conforming to the following standards:
a. The building envelope shall contain a buildable area with a slope of 35% or less.
b. Building envelopes and lot design shall address the retention of a percentage of the lot in a natural
state as required in 18-3.9.070.B.3.
c. Building envelopes shall be designed and located to maximize tree conservation as required in 18-
3.9.070.D.3 while recognizing and following the standards for fuel reduction if the development is
located in Wildfire Lands
d. It is recommended that building envelope locations should be located to avoid ridgeline exposures,
and designed such that the roofline of a building within the envelope does not project above the
ridgeline.
2. Building Design. To reduce hillside disturbance through the use of slope responsive design techniques,
buildings on Hillside Lands, excepting those lands within the designated Historic District, shall
incorporate the following into the building design and indicate features on required building permits:
a. Hillside Building Height. The height of all structures shall be measured vertically from the natural
grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature
perpendicular to that grade. Maximum Hillside Building Height shall be 35 feet. (graphics available on
original ordinance)
b. Cut buildings into hillsides to reduce effective visual bulk.
i. Split pad or stepped footings shall be incorporated into building design to allow the structure to
more closely follow the slope.
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ii. Reduce building mass by utilizing below grade rooms cut into the natural slope.
The highlighted text in section c below is new language, and has been added to clarify that
Comment:
decks do not constitute a building step back.
c. A building step-back shall be required on all downhill building walls greater than 20 feet in height, as
measured above natural grade. Step-backs shall be a minimum of six feet. Decks projecting out from
the building wall and hillside shall not constitute a building step-back. No vertical walls on the
downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade.
(see graphic)
d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer
than 36 feet shall include a minimum offset of six feet. (graphic available on original ordinance)
e. It is recommended that roof forms and roof lines for new structures be broken into a series of
smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear
unbroken roof lines are discouraged. Large gable ends on downhill elevations should be avoided,
however smaller gables may be permitted. (graphic available on original ordinance)
f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for
upper floor levels. The use of overhanging decks with vertical supports in excess of 12 feet on
downhill elevations should be avoided.
g. It is recommended that color selection for new structures be coordinated with the predominant
colors of the surrounding landscape to minimize contrast between the structure and the natural
environment.
F. All structures on Hillside Lands shall have foundations designed by an engineer or architect with
demonstrable geotechnical design experience. A designer, as defined, shall not complete working drawings
without having foundations designed by an engineer.
G. All newly created lots or lots modified by a lot line adjustment must include a building envelope on all lots
that contains a buildable area less than 35% slope of sufficient size to accommodate the uses permitted in
the underlying zone, unless the division or lot line adjustment is for open space or conservation purposes.
H. Exception to the Development Standards for Hillside Lands - 18-3.9.070. An exception under this section is
not subject to the variance requirements of section 18-5.5 and may be granted with respect to the
development standards for Hillside Lands if all of the following circumstances are found to exist:
1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or
unusual aspect of the site or proposed use of the site;
2. The exception will result in equal or greater protection of the resources protected under this chapter;
3. The exception is the minimum necessary to alleviate the difficulty; and
4. The exception is consistent with the stated Purpose and Intent of the Physical and Environmental
Constraints chapter and section 18-3.9.070.
5. Appeals of decisions involving exceptions shall be processed pursuant to chapter 18-5.1.
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18-3.9.080 Development Standards for Wildfire Lands
A. Requirements for Subdivisions, Performance Standards Developments, or Partitions.
1. A Fire Prevention and Control Plan shall be required with the submission of any application for an
outline plan approval of a Performance Standards Development, preliminary plat of a subdivision, or
application to partition land where the site contains area designated as Wildfire Hazard.
2. The Staff Advisor shall forward the Fire Prevention and Control Plan to the Fire Chief within 3 days of
the receipt of a completed application. The Fire Chief shall review the Fire Prevention and Control Plan,
and submit a written report to the Staff Advisor no less than 7 days before the scheduled hearing. The
Fire Chief's report shall be a part of the record of the Planning Action.
3. The Fire Prevention and Control Plan, prepared at the same scale as the development plans, shall
include the following items:
a. An analysis of the fire hazards on the site from wildfire, as influenced by existing vegetation and
topography.
b. A map showing the areas that are to be cleared of dead, dying, or severely diseased vegetation.
c. A map of the areas that are to be thinned to reduce the interlocking canopy of trees.
d. A tree management plan showing the location of all trees that are to be preserved and removed on
each lot. In the case of heavily forested parcels, only trees scheduled for removal shall be shown.
e. The areas of Primary and Secondary Fuel Breaks that are required to be installed around each
structure, as required by 18-3.9.080.B.
f. Roads and driveways sufficient for emergency vehicle access and fire suppression activities, including
the slope of all roads and driveways within the Wildfire Lands area.
4. Criterion for Approval. The hearing authority shall approve the Fire Prevention and Control Plan when,
in addition to the findings required by this chapter, the additional finding is made that the wildfire
hazards present on the property have been reduced to a reasonable degree, balanced with the need to
preserve and/or plant a sufficient number of trees and plants for erosion prevention, wildlife habitat, and
aesthetics.
5. The hearing authority may require, through the imposition of conditions attached to the approval, the
following requirements as deemed appropriate for the development of the property:
a. Delineation of areas of heavy vegetation to be thinned and a formal plan for such thinning.
b. Clearing of sufficient vegetation to reduce fuel load.
c. Removal of all dead and dying trees.
d. Relocation of structures and roads to reduce the risks of wildfire and improve the chances of
successful fire suppression.
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6. The Fire Prevention and Control Plan shall be implemented during the public improvements required of
a subdivision or Performance Standards Development, and shall be considered part of the subdivider's
obligations for land development. The Plan shall be implemented prior to the issuance of any building
permit for structures to be located on lots created by partitions and for subdivisions or Performance
Standards developments not requiring public improvements. The Fire Chief, or designee, shall inspect
and approve the implementation of the Fire Prevention and Control Plan, and the Plan shall not be
considered fully implemented until the Fire Chief has given written notice to the Staff Advisor that the
Plan was completed as approved by the hearing authority.
7. In subdivisions or Performance Standards Developments, provisions for the maintenance of the Fire
Prevention and Control Plan shall be included in the covenants, conditions and restrictions for the
development, and the City of Ashland shall be named as a beneficiary of such covenants, restrictions,
and conditions.
8. On lots created by partitions, the property owner shall be responsible for maintaining the property in
accord with the requirements of the Fire Prevention and Control Plan approved by the hearing
authority.
B. Requirements for construction of all structures.
1. All new construction and any construction expanding the size of an existing structure, shall have a "fuel
break" as defined below.
2. A "fuel break" is defined as an area that is free of dead or dying vegetation, and has native, fast-burning
species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where
necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow-burning
species. Establishment of a fuel break does not involve stripping the ground of all native vegetation. "Fuel
Breaks" may include structures, and shall not limit distance between structures and residences beyond
that required by other sections of this Title.
3. Primary Fuel Break - A primary fuel break will be installed, maintained and shall extend a minimum of 30
feet, or to the property line, whichever is less, in all directions around structures, excluding fences, on
the property. The goal within this area is to remove ground cover that will produce flame lengths in
excess of one foot. Such a fuel break shall be increased by ten feet for each 10% increase in slope over
10%. Adjacent property owners are encouraged to cooperate on the development of primary fuel
breaks.
4. Secondary Fuel Break - A secondary fuel break will be installed, maintained and shall extend a minimum
of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control
of the property owner during construction. The goal of the secondary fuel break is to reduce fuels so
that the overall intensity of any wildfire is reduced through fuels control.
5. All structures shall be constructed or re-roofed with Class B or better non-wood roof coverings, as
determined by the Oregon Structural Specialty Code. All re-roofing of existing structures in the Wildfire
Lands area for which at least 50% of the roofing area requires re-roofing shall be done under approval of
a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-
product material or other combustible roofing material, as defined in the City's building code.
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C. Fuel breaks in areas which are also Erosive or Slope Failure Lands shall be included in the erosion control
measures outlined in section 18-3.9.070.
D. Implementation.
1. For land that have been subdivided and required to comply with A(6) above, all requirements of the pan
shall be complied with prior to the commencement of construction with combustible materials.
2. For all other structures, the vegetation control requirements of subsection (B) above shall be complied
with before the commencement of construction with combustible materials on the lot.
3. As of November 1, 1994, existing residences in subdivisions developed outside of the Wildfire Lands
Zone, but later included due to amendments to the zone boundaries shall be exempt from the
requirements of this zone, with the exception of subsection 18-3.9.080.B.5 above. All new residences
shall comply with all standards for new construction in section 18-3.9.080.B.
4. Subdivisions developed outside of the wildfire lands zone prior to November 1, 1994, but later included
as part of the zone boundary amendment, shall not be required to prepare or implement Fire
Prevention and Control Plans outlined in subsection 18-3.9.080.A.
18-3.9.090 Development Standards for Severe Constraint Lands
A. Severe Constraint Lands are extremely sensitive to development, grading, filling, or vegetation removal and,
whenever possible, alternative development should be considered.
B. Development of floodways is not permitted except for bridges and road crossings. Such crossings shall be
designed to pass the 100 year flood without raising the upstream flood height more than six inches.
C. Development on lands greater than 35% slope shall meet all requirements of section 18-3.9.070 in addition
to the requirements of this section.
D. Development of land or approval for a planning action shall be allowed only when the following study has
been accomplished. An engineering geologic study approved by the City's Public Works Director and
Planning Director establishes that the site is stable for the proposed use and development. The study shall
include the following:
1. Index map.
2. Project description to include location, topography, drainage, vegetation, discussion of previous work
and discussion of field exploration methods.
3. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and
surficial materials, including artificial fill, locations of any faults, folds, etc., and structural data including
bedding, jointing and shear zones, soil depth and soil structure.
4. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that may
be affected by on-site development.
5. Suitability of site for proposed development from a geologic standpoint.
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6. Specific recommendations for cut slope stability, seepage and drainage control or other design criteria
to mitigate geologic hazards.
7. If deemed necessary by the engineer or geologist to establish whether an area to be affected by the
proposed development is stable, additional studies and supportive data shall include cross-sections
showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test and
references.
8. Signature and registration number of the engineer and/or geologist.
9. Additional information or analyses as necessary to evaluate the site.
18-3.9.100 Density Transfer
Density may be transferred out of unbuildable areas to buildable areas of a lot provided the following standards
are met:
A. Partitions and subdivisions involving density transfer shall be processed under chapter 18-3.8 Performance
Standards.
B. A map shall be submitted showing the net buildable area to which the density will be transferred.
C. A covenant shall be recorded limiting development on the area from which density is transferred.
D. Density may not be transferred from one ownership to another but only within the lot(s) owned by the
same person.
E. Density may be transferred only on contiguous lots under common ownership.
F. The density of the buildable area may not be increased to more than two (2) times the permitted density of
the underlying zone. Fractional units are to be rounded down to the next whole number.
18-3.9.110 Penalties
The following introduction is revised for clarity.
Comment:
In addition to taking enforcement action and assessing penalties for violations of this code, as authorized by
chapter 18-1.6, the City make take the following actions where there is a violation of this chapter:
A. Whenever any work is being done contrary to the provisions of this chapter or whenever erosion control
measures, tree protection measures, wildfire control measures, or Flood Plain Corridor development
measures are not being properly maintained or are not functioning properly due to faulty installation or
neglect, the Director of Community Development or the directorÔs designee, may order the work stopped
by notice in writing served on any persons engaged in the doing or causing of such work to be done, and any
such persons shall immediately stop work until authorized by the director or designee to proceed with the
work.
B. All development under this chapter and all work or construction for which a permit is required under this
chapter shall be subject to inspection by the Director of Community Development or the directorÔs
designee. When an inspection is made under this section or when it is necessary to make an inspection to
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enforce this code, or when the Director or designee has reasonable cause to believe that there exists upon
Hillside Lands a condition which is contrary to or in violation of this chapter which makes the premises
unsafe, dangerous or hazardous, the Director or designee may enter the premises at reasonable times to
inspect or to perform the duties imposed by this chapter. The Director or designee shall first make a
reasonable effort to locate the owner or other person having charge of the premises and request entry.
C. The City may refuse to accept any development permit application, may revoke or suspend any
development or building permit, or may deny occupancy on the property until erosion control measures,
tree protection measures, wildfire control measures, or Flood Plain Corridor development measures have
been installed properly and are maintained in accordance with the requirements of this chapter.
D. The owner of the property from which erosion occurs due to failure or neglect of erosion control
measures, together with any person or parties who cause such erosion shall be responsible to mitigate the
impacts of the erosion and prevent future erosion.
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Chapter 18-3.10 Water Resources Protection Zones (Overlays)
Sections
18-3.10.010 Purpose and Intent
18-3.10.020 Applicability
18-3.10.030 Inventory of AshlandÔs Water Resources
18-3.10.040 Establishment of Water Resource Protection Zones
18-3.10.050 Activities and Uses Exempt from These Regulation
18-3.10.060 Limited Activities and Uses within Water Resource Protection Zones
18-3.10.070 Water Resource Protection Zone Reductions
18-3.10.080 Hardship Variances
18-3.10.090 Approval Standards for Land Divisions and Property Line Adjustments
18-3.10.100 Plan Requirements
18-3.10.110 Mitigation Requirements
18-3.10.120 Map Errors and Adjustments
18-3.10.130 Enforcement and Penalties
This chapter carries forward 18-3.10. Edits are primarily limited to renumbering
Comment:
sections/subsections and minor grammatical corrections (e.g., hyphenations, spelling, and commas).
The section numbers shifted by ten, as compared to 18-3.10, after removing the definitions, though the
code cross-references are updated. Definitions are relocated to 18-6, and graphics will be replaced in
final draft.
18-3.10.010 Purpose and Intent
The purpose and intent of this chapter are:
A. To implement state and federal law with respect to the protection of clean water, pollution control and
preservation of endangered species.
B. To protect AshlandÔs Goal 5 significant wetlands and riparian areas, thereby protecting and restoring the
hydrologic, ecologic and land conservation functions these areas provide for the community.
C. To implement the provisions of Statewide Planning Goals 6 and 7, which require the buffering and
separation of those land uses and activities that lead to or may create impacts on water quality, as well as to
reduce the risk to people and property resulting from the inappropriate management of wetland and
riparian areas.
D. To implement the goals and policies of the Environmental Resources chapter of AshlandÔs Comprehensive
Plan with respect to water resources, wetlands, floodplains and stream flooding.
E. To reduce flood damage and potential loss of life in areas subject to periodic flooding.
F. To better manage storm water drainage, minimize maintenance costs, protect properties adjacent to
drainage ways, improve water quality, protect riparian and aquatic fish and wildlife habitat and provide
opportunities for trail connections.
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G. To protect water associated with AshlandÔs hydrology for human uses, fish and wildlife and their habitats.
H. To control erosion and limit sedimentation.
I. To protect the amenity values and educational opportunities of AshlandÔs wetlands, water bodies and
associated riparian areas as community assets.
J. To improve public appreciation and understanding of wetlands and riparian areas for their unique ecosystem
structure and functions and for the human-nature interactions they provide.
K. To improve and promote coordination among local, state, and federal agencies regarding development
activities near AshlandÔs wetlands, water bodies and associated riparian areas.
L. In cases of hardship, to provide a procedure to alter wetlands and riparian areas only when offset by
appropriate mitigation, as stipulated in the ordinance and other applicable state and federal requirements.
18-3.10.020 Applicability
A. The provisions of this chapter apply to all lands containing Water Resources and Water Resource
Protection Zones. Water Resources and Water Resource Protection Zones are defined, established and
protected in this chapter.
B. State and federal wetland and riparian regulations will continue to apply within the City of Ashland,
regardless of whether or not these areas are mapped on AshlandÔs Water Resources Map. Nothing in this
chapter shall be interpreted as superseding or nullifying state or federal requirements. Additionally, the City
of Ashland shall provide notification to the Oregon Department of State Lands (DSL), as required by
Division 23 of Oregon Administrative Rules, for all applications concerning development permits or other
land use decisions affecting wetlands on the inventory.
C. The burden is on the property owner to demonstrate that the requirements of this chapter are met or are
not applicable to development activity or other proposed use or alteration of land. The Staff Advisor may
make a determination based on the Water Resources Map, field check, and any other relevant maps, site
plans and information that a Water Resource or Water Resource Protection Zone is not located on a
particular site or is not impacted by proposed development, activities or uses. In cases where the location of
the Water Resource or Water Resource Protection Zone is unclear or disputed, the Staff Advisor may
require a survey, delineation prepared by a natural resource professional, or a sworn statement from a
natural resource professional that no Water Resources or Water Resource Protection Zones exist on the
site.
D. All Water Resource Protection Zones shall be protected from alteration and development, except as
specifically provided in this chapter. No person or entity shall alter or allow to be altered any real property
designated as a Water Resource Protection Zone, except as set forth in an exemption, approved planning
application or permit authorized in this chapter. No person or entity shall use or allow to be used, property
designated as a Water Resource Protection Zone, except as set forth in an exemption, approved planning
application or permit authorized in this chapter.
E. Where this chapter and any other ordinance, easement, covenant or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail. It is likely that there will be some overlap
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between the regulations in this chapter and those in chapter 18-3.9 Physical and Environmental Constraints,
which regulates development in physical constrained areas including floodplains. Where two regulations are
in conflict, the most stringent shall govern.
18-3.10.030 Inventory of AshlandÔs Water Resources
The approximate locations of AshlandÔs Water Resources are identified on the Water Resource Protection
Zones Requirements map, adopted by the City of Ashland and added to the Comprehensive Plan through
Ordinance 2419 (May 1987), Ordinance 2528 (July 1989) and Ordinance 2999 (December, 2009). Because the
Comprehensive Plan maps are acknowledged to be approximate, the more precise wetland boundaries can be
mapped, staked and used for development review purposes without a modification of the Comprehensive Plan
maps.
18-3.10.040 Establishment of Water Resource Protection Zones
A Water Resource Protection Zone is hereby established adjacent to and including all Water Resources to
protect their integrity, function and value. The boundaries of the following Water Resource Protection Zones
shall be established by an on-site survey based upon the following standards.
A. Stream Bank Protection Zones. The following types of Stream Bank Protection Zones are hereby
established to protect streams and their associated riparian resources. The approximate locations of
streams are identified on the Water Resources Map.
1. Riparian Corridor Ï For streams classified as Riparian Corridor fish-bearing streams with an annual
average stream flow less than 1,000 cubic feet per second and on the Water Resources Map, the Stream
Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands within 50 feet
upland from the top of bank (Figure 3).
Figure 3: Stream Bank Protection Zone for Riparian Corridor Streams
2. Local Streams Ï For streams classified as non-fish-bearing Local Streams and on the Water Resources
Map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all
lands 40 feet from the centerline of the stream (Figure 4).
Figure 4: Stream Bank Protection Zone for Local Streams
3. Intermittent and Ephemeral Streams Ï For streams classified as Intermittent and Ephemeral Streams on
the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian
buffer consisting of all lands within 30 feet from the centerline of the stream (Figure 5).
Figure 5: Stream Bank Protection Zone for Intermittent and Ephemeral Streams
4. Significant Wetland Presence - Where a Stream Bank Protection Zone includes all or part of a significant
wetland as identified on official maps adopted by the City of Ashland, the distance to the Stream Bank
Protection Zone boundary shall be measured from, and include, the upland edge of the wetland.
5. Determination of Protection Zone - The measurement of the Stream Bank Protection Zones shall be a
horizontal distance from the top of bank or from the center line of the stream as specified above. For
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streams that were piped or relocated to a culvert prior to the effective date of this chapter, the Stream
Bank Protection Zones shall be reduced to half of the required width or the width of any existing
easement (e.g. drainage-way easement), whichever is greater.
B. Wetland Protection Zones. The following types of Wetland Protection Zones are hereby established to
protect wetland resources. The approximate locations of Locally Significant Wetlands and Wetlands are
identified on the Water Resources Map. The precise boundary of a wetland and wetland buffer shall be
established through conducting an on-site wetland delineation and survey based upon the following
standards.
1. Locally Significant Wetlands Ï For wetlands classified as Locally Significant on the Water Resources Map,
the Wetland Protection Zone shall consist of all lands identified to have a wetland presence on the
wetland delineation, plus a wetland buffer consisting of all lands within 50 feet of the upland-wetland
edge (Figure 6). A wetland delineation prepared by a qualified wetland specialist shall be submitted to
the City of Ashland that graphically represents the location of wetlands on a site plan map in accordance
with subsection 18-3.10.100.A.3. An average buffer width of 50 feet may be utilized around the
perimeter of a significant wetland upon submission of evidence and a detailed plan by a natural resources
professional demonstrating that equal or better protection of the functions and values of the resource
will be ensured, and that there will be an enhanced buffer treatment through the implementation and
maintenance of a restoration and enhancement plan within the buffer area.
Figure 6: Wetland Protection Zone for Locally Significant Wetlands
2. Possible Wetlands Ï For wetlands not classified as Locally Significant on the Water Resources Map, the
Wetland Protection Zone shall consist of all lands identified to have a wetland presence on the wetland
delineation, plus all lands within 20 feet of the upland-wetland edge (Figure 7). Possible Wetlands
includes all areas designated as such on the Water Resources Map and any unmapped wetlands
discovered on site. A wetland delineation prepared by a qualified wetland specialist shall be submitted to
the City of Ashland that graphically represents the location of wetlands on a site plan map in accordance
with subsection 18-3.10.100.A.3. An average buffer width of 20 feet may be utilized around the
perimeter of a possible wetland upon submission of evidence and a detailed plan by a natural resources
professional demonstrating that equal or better protection of the functions and values of the resource
will be ensured.
Figure 7: Wetland Protection Zone for Possible Wetlands
3. Determination of Protection Zone Ï The measurement of the Wetland Protection Zone shall be a
horizontal distance from the upland-wetland edge as specified above.
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18-3.10.050 Activities and Uses Exempt from These Regulations
A. Exempt Activities Within Water Resource Protection Zones. The following activities and uses do not
require a permit or authorization under this chapter to be conducted or to continue in a Water Resource
Protection Zone. Exempt activities and uses may qualify as development as defined in Part 18-6 and may
require a floodplain development permit.
1. Vegetation Maintenance, Planting and Removal
a. Landscaping Maintenance. Continued maintenance of existing vegetation such as landscaping, lawn,
gardens and trees.
b. Lawn. Existing lawn within Water Resource Protection Zones may be maintained, but existing lawn
shall not be expanded and new lawn shall not be installed.
c. Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum and shall be in
accordance with the chapter 18-4-13 Tree Preservation and Protection. Under no circumstances
shall the maintenance pruning be so severe that it compromises the treeÔs health, longevity, or
resource functions (i.e. shade, soil stability, erosion control, etc.)
d. Non-native, Noxious and Invasive Vegetation Removal. Removal of non-native, noxious and invasive
vegetation, and replacement with local native plant species. The act of removing non-native, noxious
and invasive vegetation shall not result in the removal of native vegetation. Local native plant species
for both wetland and stream bank applications are identified on the City of AshlandÔ s Local Native
Plant Species List, and noxious and invasive vegetation approved for removal is identified on the City
of AshlandÔ s Prohibited Plant List. Removal and mowing of blackberries shall occur before May 1 or
after July 31 to protect nesting birds.
e. Hazardous Tree Removal. Removal of a hazardous tree. A hazardous tree is a tree that is physically
damaged to the degree that it is likely to fall and injure persons or property. A permit for
Hazardous Tree Removal shall be processed under the procedures and approval criteria described
in chapter 18-4.13 Tree Preservation and Protection.
f. In-channel Vegetation Removal. Removal of emergent in-channel vegetation that is likely to cause
flooding using non-invasive methods such as mowing or weed-whacking that do not disturb the
underlying substrate. Mechanized removal of emergent in-channel vegetation that would involve
associated removal of soil below the ordinary high water line is not permitted and would otherwise
be subject to state and federal wetland permitting requirements.
g. Routine Planting. The planting of local native plant species or the replacement of non-native, noxious
and invasive plants with local native plant species. Local native plant species for both wetland and
stream bank applications are identified on the City of AshlandÔ s Local Native Plant Species List, and
noxious and invasive vegetation approved for removal is identified on the City of AshlandÔ s
Prohibited Plant List.
h. Use of Hand-held Equipment or Machinery. Use of hand-held equipment or machinery for
vegetation maintenance, planting and removal within Water Resource Protection Zones.
i. Use of Power-assisted Equipment or Machinery. Use of power-assisted equipment or machinery
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for vegetation maintenance, planting and removal within Water Resource Protection Zones
when soil disturbance and erosion are minimized by all of the following measures.
i. Use of power-assisted equipment or machinery shall occur from May 1 to October 31, and shall
not occur during the remaining wet months of the year.
ii. The general topography of the Water Resource Protection Zone shall be retained.
iii. Soil compaction from construction equipment shall be reduced by distributing the weight of the
equipment over a large area (e.g. laying lightweight geo-grids, mulch, chipped wood, plywood,
OSB, metal plats or other materials capable of weight distribution in the pathway of the
equipment).
iv. Local native plant species shall not be damaged or removed.
v. Disturbed areas shall be replanted so that landscaping shall obtain 50% coverage after one year
and 90% after five (5) years.
2. Building, Paving and Grading
a. Testing. Site investigative work with minimal surface area disturbance conducted by or required by a
city, county, state, or federal agency such as surveys, percolation tests, soil borings or other similar
tests.
b. Unpaved Trails. The establishment of unpaved trails and related educational displays. Trail width
shall not exceed 36 inches, stair width shall not exceed 50 inches, and trail grade shall not exceed
20% except for the portion of the trail containing stairs. Trails in public parks may be up to 72
inches in width to accommodate high pedestrian traffic areas. Trails construction within a delineated
wetland boundary shall be by permit in accordance with local, state and federal permitting
requirements and approved management plans.
c. Storm Water Treatment Facility Maintenance. Routine maintenance of storm water treatment
facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands in
order to maintain flow and prevent flooding when conducted in accordance with local, state and
federal permitting requirements and approved management plans. Multi-year maintenance plans for
existing storm water treatment facilities without previously approved management plans require a
Limited Activity and Use Permit in accordance with subsection 18-3.10.060.A.2.
3. Nonconforming Activities, Uses and Structures Ï An activity, use or structure legally established prior
to the adoption of this chapter, which would be prohibited by this chapter or which would be subject to
the limitations and controls imposed by this chapter shall be considered a nonconforming activity, use or
structure, and may continue subject to the following provisions.
a. Nonconforming Structures. Nonconforming structures within or partially within a Water Resource
Protection Zone may be maintained and used.
The highlighted language in section b below is added to clarify that upper story projections
Comment:
beyond the original footprint into the Water Resource Protection Zone are not permitted.
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b. Expansion of Nonconforming Structures. Expansion of the footprint of a nonconforming structure
within or partially within a Water Resource Protection Zone if the expansion of the footprint
occurs outside the Water Resource Protection Zone and additional surface area in the Water
Resource Protection Zone is not disturbed. Additional stories may be added to nonconforming
structures if the existing building footprint within the Water Resource Protection Zone is not
changed in size or shape, the building, including decks, does not project beyond the building
footprint over the Water Resource Protection Zone, and additional surface area in the Water
Resource Protection Zone is not disturbed.
c. Replacement of Nonconforming Principal Buildings in Residential Zoning Districts. Nonconforming
principal buildings within or partially within a Water Resource Protection Zone and located in
residential zoning districts may be replaced or rebuilt if the existing building footprint within the
Water Resource Protection Zone is not changed in size or shape and additional surface area in the
Water Resource Protection Zone is not disturbed. Repair and reconstruction of a nonconforming
structure under this section shall be in accordance with the requirements of the Flood Damage
Prevention Regulations in chapter 15.10.
d. Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Within Historic
Districts. Nonconforming structures within or partially within a Water Resource Protection Zone,
located in a non-residential zoning district and within a Historic District may be replaced or rebuilt if
the existing building footprint within the Water Resource Protection Zone is not changed in size or
shape and additional surface area in the Water Resource Protection Zone is not disturbed. Repair
and reconstruction of a nonconforming structure under this section shall be in accordance with the
requirements of chapter 15.10 Flood Damage Prevention Regulations.
e. Previously Approved Building Envelopes and Driveways. Previously approved building envelopes and
driveways within or partially within a Water Resource Protection Zone may be built as originally
approved and do not have to meet the requirements of this chapter if the following conditions are
met:
i. Building permits are approved and construction is commenced within 36 months from the
effective date of this ordinance.
ii. The building envelope or driveway location was established and received City of Ashland
Planning Division approval prior the effective date of this ordinance.
iii. The building envelope is located on a vacant lot.
iv. The building envelope is located on a lot that was created prior to the effective date of this
ordinance.
v. The driveway will provide access to a lot that was created prior to the effective date of this
ordinance.
f. Exemptions for Historic Public Parks and Properties. Nonconforming activities, landscaping, uses and
structures included in Lithia Park, Blue Bird Park and Calle Guanajuato and located in the Water
Resource Protection Zone may be used, maintained and replaced, but shall not be expanded or
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enlarged within the Water Resource Protection Zone. Repair and reconstruction of a
nonconforming structure under this section shall be in accordance with the requirements of the
Flood Damage Prevention Regulations in chapter 15.10.
4. City Emergency Activities - Emergency repair authorized by the City Administrator or his/her designee
which must be undertaken immediately, or for which there is insufficient time for full compliance with
this chapter, in order to address at least one of the following.
a. Prevent an imminent threat to public health or safety.
b. Prevent imminent danger to public or private property.
c. Prevent an imminent threat of serious environment degradation.
B. Additional Exempt Activities and Uses within Stream Bank Protection Zones. In addition to the Exempt
Activities and Uses in subsection 18-3.10.050.A, the following activities and uses do not require a permit
or authorization under this chapter to be conducted or to continue in a Stream Bank Protection Zone.
1. Fire Hazard Prevention Ï Cutting or thinning of vegetation for fire hazard prevention provided that
the cutting or thinning is the minimum necessary to alleviate the potential fire hazard and is
consistent with City standards for Wildfire Lands described in chapter 18-3.0 Physical and
Environmental Constraints.
2. Stream Restoration and Enhancement Ï Stream restoration and enhancement projects when all of
the following are met.
a. The restoration and enhancement results in a net gain in stream bank corridor functions.
b. The lot is in a residential zoning district and occupied only by a single-family dwelling and
accessory structures.
c. The property has not undergone stream restoration and enhancement work in the past 12
months.
d. The restoration and enhancement project does not involve in-stream work.
e. The restoration and enhancement project may include minor earth moving activities involving
excavation or placement of up to five cubic yards of soil and earth-moving activity disturbing a
surface area of no more than 1,000 square feet.
The highlighted language in section 3 below is new, and is added to clarify that tree
Comment:
protection fencing is allowed in the Water Resource Protection Zone on a temporary basis during
construction.
3. Fences Ï Fences limited to open wire, electric or similar fence that will not collect debris or obstruct
flood waters, but not including wire mesh or chain link fencing, may be installed in the upland half of the
riparian buffer furthest away from the stream. Solid wood fencing is prohibited in Water Resource
Protection Zones. Temporary fencing for tree protection required in accordance with the Tree
Preservation and Protection standards in 18-4.11 is allowed in conjunction with a development project.
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Fencing in a designated floodplain shall conform to the requirements of subsection 18-3.9.060.K.
4. Outdoor Patio Areas Ï Outdoor patio areas consisting of porous solid surfaces up to 150 square feet in
size per lot, but not including decks, may be constructed in the upland half of the riparian buffer furthest
away from the stream.
5. Public Utility Maintenance and Replacement Ï Routine maintenance and replacement of existing public
utilities and irrigation pumps if work disturbs no more total surface area than the area inside the public
utility easement and up to an additional five percent surface area of the public utility easement outside of
the public utility easement.
6. Private Utility Maintenance and Replacement Ï Routine maintenance and replacement of existing private
utilities and irrigation pumps.
7. Driveway and Street Maintenance and Paving Ï Maintenance, paving and reconstruction of existing public
and private streets and driveways if work disturbs no more total surface area than the area inside the
street right-of-way or access easement and up to an additional five percent surface area of the street
right-of-way or access easement outside of the right-of-way or easement. Public streets shall be located
in public right-of-way or a public easement.
C. Additional Exempt Activities and Uses within Wetland Protection Zones. In addition to the Exempt
Activities and Uses in section 18-3.10.050.A, the following activities and uses do not require a permit or
authorization under this chapter to be conducted or to continue in a Wetland Protection Zone.
The highlighted language in section 1 below is new, and added to clarify that mowing or
Comment:
thinning of vegetation in wetland areas is allowed in situations where it is an part of an approved
wetland mitigation plan, or if the mowing or thinning will not remove native plants.
1. Fire Hazard Prevention Ï Perimeter mowing or thinning of vegetation for fire hazard prevention
consistent with a wetland mitigation plan approved by the Oregon Division of State Lands, or within the
wetland buffer provided that the mowing or thinning is the minimum necessary to alleviate the potential
fire hazard and is consistent with City standards for Wildfire Lands described in the chapter 18-3.9
Physical and Environmental Constraints. The Staff Advisor may approve perimeter mowing or thinning
of vegetation in wetlands that do not have an approved wetland mitigation plan using the ministerial
process if a plan is submitted demonstrating that native plants will not be removed.
The highlighted language in section 2 below is new, and is added to clarify that tree
Comment:
protection fencing is allowed in the Water Resource Protection Zone on a temporary basis during
construction.
2. Fences Ï Fences limited to open wire, electric or similar fence that will not collect debris or obstruct
flood waters, but not including wire mesh or chain link fencing, may be installed in the wetland buffer.
Solid wood fencing is prohibited in Water Resource Protection Zones. Temporary fencing for tree
protection required in accordance with the Tree Preservation and Protection standards in 18-4.11 is
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allowed in conjunction with a development project. Fencing in a designated floodplain shall conform to
the requirements of subsection 18-3.9.060.K.
18-3.10.060 Limited Activities and Uses within Water Resource Protection Zones
The following activities and uses within Water Resource Protection Zones are allowed under a Type I land use
procedure provided the activities or uses comply with the approval standards set forth in subsection 18-
3.10.060.D.
A. Limited Activities and Uses within Water Resource Protection Zones.
1. Use of Power-assisted Equipment or Machinery Ï Use of power-assisted equipment or machinery for
vegetation maintenance unless otherwise exempted in subsection 18-3.10.050.A.1.i.
2. Multi-year Maintenance Plans Ï Multi-year maintenance plans may be authorized as follows for existing
areas or storm water treatment facilities in Water Resource Protection Zones which do not have a
previously approved management plans.
a. Publicly and Commonly Owned Properties. The routine restoration and enhancement of publicly
and commonly owned properties such as public parks and private open spaces.
b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm water treatment
facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands in
order to maintain flow and prevent flooding. Routine maintenance of storm water treatment
facilities in accordance with an approved management plan is exempted as outline in subsection 18-
3.10.050.A.2.c.
3. Building, Paving, and Grading Activities Ï Permanent alteration of Water Resource Protection Zones by
grading or by the placement of structures, fill or impervious surfaces may be authorized as follows.
a. New Public Access and Utilities. The location and construction of public streets, bridges, trails,
multi-use path connections and utilities deemed necessary to maintain a functional system and upon
finding that no other reasonable, alternate location outside the Water Resource Protection Zone
exists. This Title, the Comprehensive Plan, Transportation System Plan, adopted utility master plans
and other adopted documents shall guide this determination.
b. New Private Access and Utilities. The location and construction of private streets, driveways and
utilities to provide a means of access to an otherwise inaccessible or landlocked property where no
other reasonable, alternate location outside the Water Resource Protection Zone exists.
c. Storm Water Treatment Facility Installation. Installation of public and private storm water treatment
facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands.
d. Replacement of Nonconforming Accessory Structures in Residential Districts and Replacement of
Nonconforming Structures in Non-Residential Zoning Districts and Outside Historic Districts.
Replacement of nonconforming structures located within or partially within the original building
footprint, except those nonconforming principal buildings exempted in subsection 18-3.10.050.A.3,
provided replacement does not disturb additional surface area within the Water Resource
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Protection Zone.
B. Additional Limited Activities and Uses within Stream Bank Protection Zones. In addition to the
Limited Activities and Uses in subsection 18-3.10.060.A, the following activities and uses with the Stream
Bank Protection Zones are allowed under a Type I land use procedure provided the activities or uses
comply with the approval standards set forth in subsection 18-3.10.060.D.
1. Stream Restoration and Enhancement Ï Restoration and enhancement projects resulting in a net gain in
stream bank corridor functions unless otherwise exempted in subsection 18-3.10.050.B.2. Restoration
and enhancement activities not otherwise associated with development involving building, grading or
paving are encouraged, and planning application fees associated with reviewing these activities for
compliance with applicable land use standards may be waived by the Staff Advisor.
2. Driveway and Street Maintenance and Paving -Ï Maintenance, paving, and reconstruction of existing
public and private streets and driveways if work disturbs more total surface area than the area inside the
street right-of-way or access easement and an additional five percent surface area of the street right-of-
way or access easement outside of the right-of-way or easement. Public streets shall be located in public
right-of-way or a public easement.
3. Public Facility Paving and Reconstruction Ï Paving and reconstruction of public parking areas and
walkways if additional surface area in the Stream Bank Protection Zone is not disturbed, the public
facilities are deemed necessary to maintain a functional system and upon finding that no other
reasonable alternate location outside the Water Resource Protection Zone exits.
4. Public Utility Maintenance and Replacement Ï Routine maintenance and replacement of existing public
utilities and irrigation pumps if work disturbs more total surface area than the area inside the public
utility easement and an additional five percent surface area of the public utility easement outside of the
public utility easement.
5. Erosion Control Ï Erosion control and stream bank stabilization measures that have been approved by
the Oregon Department of State Lands (DSL), the U.S. Army Corps of Engineers, or other state or
federal regulatory agencies, and that utilize non-structural bio-engineering methods.
6. Storm Water Outfall Ï Construction of a storm water outfall discharging treated storm water from an
adjacent developed area provided that the discharge meets local, state and federal water quality
regulations.
7. Bridges Ï The installation of a bridge or similar, bottomless crossing structure for the purpose of
constructing a public or private street, bicycle or pedestrian crossing, as well as to provide a means of
access to an otherwise inaccessible or landlocked property.
8. Flood Control Measures Ï Installation or expansion of structural flood control measures, including but
not limited to concrete retaining walls, gabions, gravity blocks, etc., shall generally be prohibited, but
approved only if demonstrated that less-invasive, non-structural methods will not adequately meet the
stabilization or flood control needs.
C. Additional Limited Activities and Uses within Wetland Protection Zones. In addition to the
Permitted Activities and Uses in subsection 18-3.10.060.A, the following activities and uses with the Wetland
Protection Zones are allowed under a Type I land use procedure provided the activities or uses comply with
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the approval standards set forth in subsection 18-3.10.060.D.
1. Wetland Restoration and Enhancement Ï Wetland restoration and enhancement projects resulting in a
net gain in wetland functions. Wetland restoration and enhancement activities not otherwise associated
with development involving building, grading or paving are encouraged, and planning application fees
associated with reviewing these activities for compliance with applicable land use standards may be
waived by the Staff Advisor.
2. Driveway and Street Maintenance and Paving Ï Maintenance, paving, and reconstruction of existing
public and private streets and driveways. Public streets shall be located in public right-of-way or public
easement.
3. Public and Private Utility Maintenance and Replacement Ï Routine maintenance and replacement of
existing public and private utilities that disturb lands within the Wetland Protection Zone.
D. Approval Standards for Limited Activities and Uses within Water Resource Protection Zones.
All Limited Activities and Uses within Water Resource Protection Zones described in section 18-3.10.060
shall be processed as a Type I land use procedure. The approval authority may approve or approve with
conditions a request to conduct Limited Activities and Uses in a Water Resource Protection Zone based
upon findings that the following standards have been satisfied.
1. All activities shall be located as far away from streams and wetlands as practicable, designed to minimize
intrusion into the Water Resources Protection Zone and disturb as little of the surface area of the
Water Resource Protection Zone as practicable.
2. The proposed activity shall be designed, located and constructed to minimize excavation, grading, area
of impervious surfaces, loss of native vegetation, erosion, and other adverse impacts on Water
Resources.
3. On stream beds or banks within the bank full stage, in wetlands, and on slopes of 25% or greater in a
Water Resource Protection Zone, excavation, grading, installation of impervious surfaces, and removal
of native vegetation shall be avoided except where no practicable alternative exists, or where necessary
to construct public facilities or to ensure slope stability.
4. Water, storm drain and sewer systems shall be designed, located and constructed to avoid exposure to
floodwaters, and to avoid accidental discharges to streams and wetlands.
5. Stream channel repair and enhancement, riparian habitat restoration and enhancement and wetland
restoration and enhancement will be restored through the implementation of a mitigation plan prepared
in accordance with the standards and requirements in section 18-3.10.110.
6. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be
ensured through preparation and recordation of a management plan as described in subsection 18-
3.10.110.C, except a management plan is not required for residentially zoned lots occupied only by a
single-family dwelling and accessory structures.
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18-3.10.070 Water Resource Protection Zone Reductions
A Water Resource Protection Zone may be reduced by up to 25% through a Type I land use procedure, and by
greater than 25% and up to 50% through a Type II land use procedure to allow alteration within the Water
Resource Protection Zone based upon findings that the following approval criteria have been satisfied.
A. The proposed use or activity is designed to avoid intrusion into the Water Resource Protection Zone
through the use of up to a 50% reduction of any dimensional standards (e.g. required front, side and rear
yard setbacks; required distance between buildings) to permit development as far outside or upland of the
Water Resource Protection Zone as possible. Such adjustment to any applicable dimensional standards shall
be reviewed as part of the requested reduction, and shall not be subject to a separate Variance application
under chapter 18-5.5. Reductions to dimensional standards may not be used to reduce required Solar
Access setbacks without evidence of agreement by the effected property owner(s) to the north through a
concurrent Solar Access Variance application as described in chapter 18-4.10.
B. The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently perform the
proposed activity and/or use. The proposed development shall minimize disturbance to the Water Resource
Protection Zone by utilizing the following design options to minimize or reduce impacts of development.
1. Multi-story construction shall be considered.
2. Parking spaces shall be minimized to no more than that required as a minimum for the use.
3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a pervious paving
material.
4. Engineering solutions shall be used to minimize additional grading and/or fill.
C. The application demonstrates that equal or better protection for identified resources will be ensured
through restoration, enhancement and mitigation measures. The structures, functions and values of the
Water Resource will be restored through the implementation of a restoration and enhancement strategy set
forth in a mitigation plan prepared in accordance with the standards and requirements described in section
18-3.10.110.
D. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be
ensured through preparation and recordation of a management plan as described in subsection 18-
3.10.110.C, except a management plan is not required for residentially zoned lots occupied only by a single-
family dwelling and accessory structures.
18-3.10.080 Hardship Variances
Hardship Variances shall be processed as a Type II land use procedure. Hardship Variances are not subject to
the Variance requirements of chapter 18-5.5. The approval authority may approve or approve with conditions a
request for a Hardship Variance based upon findings that the following approval criteria have been satisfied.
A. The application of this chapter unduly restricts the development or use of the lot, and renders the lot not
buildable.
B. The proposed activity or use of land would have been permitted prior to the effective date of this
ordinance.
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C. The applicant has explored all other reasonable options available under this chapter and other applicable
provisions of this ordinance to relieve the hardship.
D. Adverse impacts on the structures, functions or values of the resource including water quality, erosion, or
slope stability that would result from approval of this Hardship Variance have been minimized and will be
mitigated to the greatest extent possible through restoration and enhancement of the Water Resource
Protection Zone in accordance with a mitigation plan prepared in accordance with the standards and
requirements in section 18-3.10.110.
E. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be
ensured through preparation and recordation of a management plan as described in subsection 18-
3.10.110.C, except a management plan is not required for residentially zoned lots occupied only by a single-
family dwelling and accessory structures.
18-3.10.090 Approval Standards for Land Divisions and Property Line Adjustments
Planning actions and procedures containing Water Resource Protection Zones and involving the division of land
or lot line adjustments shall comply with the following provisions and shall include the plan requirements in
subsection 18-3.10.100.A.3.
A. Building Envelope Established. Each lot shall contain a building envelope outside the Water Resource
Protection Zone of sufficient size to permit the establishment of the use and associated accessory uses.
B. Conservation Area. Performance Standards Option Subdivision, Subdivision, Partition, and Site Design
Review applications shall include the Water Resource Protection Zone within a conservation easement or
recorded development restriction, which stipulates that the use or activity within the Water Resource
Protection Zone shall be consistent with the provisions of this chapter. The approval authority may require
that the Water Resource Protection Zone be included in a separate tract of land managed by a
homeownersÔ association or other common ownership entity responsible for preservation.
C. Density Transfer. Density calculated from the land area contained within the Water Resource Protection
Zone may be transferred to lands outside the Water Resource Protection Zone provided the following
standards are met.
1. Partitions and subdivisions involving density transfer shall be processed under chapter 18-3.8
Performance Standards Option.
2. A map shall be submitted showing the land area not within the Water Resource Protection Zone to
which the density will be transferred.
3. The Water Resource Protection Zone shall be included in a separate preservation tract to be managed
by a homeownerÔs association or other common ownership entity responsible for management of the
area.
4. Density may only be transferred within the subject property or to a lot or lots contiguous to the subject
property and within the same ownership.
5. The density transferred to lands not within the Water Resource Protection Zone may not be increased
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to more than one and a half times the base density of the underlying zoning district. Fractional units are
to be rounded down to the nearest whole number.
D. Management Plan. Long term conservation, management and maintenance of the Water Resource
Protection Zone consistent with the requirements of this chapter shall be ensured through preparation and
recordation of a management plan as described in subsection 18-3.10.110.C.
E. Mitigation Requirements. The approval authority may require a mitigation plan in accordance with the
requirements of section 18-3.10.110 to mitigate impacts resulting from land divisions.
F. Exemptions for a Public Purpose. An exemption to the requirements described above shall be granted for
lots created for public park purposes, or privately-owned tracts created for the sole purpose of conserving
in perpetuity the natural functions and values of the lands contained within the Water Resource Protection
Zone.)
18-3.10.100 Plan Requirements
A. Required Plans and Information. The following plans and information shall be submitted with the
application for activities and uses in a Water Resource Protection Zone which are required to be processed
under a Type I or Type II land use procedure including Limited Activities and Uses, Water Resource
Protection Zone Reductions and Hardship Variances.
1. A narrative description of all proposed activities and uses including the extent to which any Water
Resource Protection Zone is proposed to be altered or affected as a result of the proposed
development activity or use (in terms both of square footage of surface disturbance and cubic yards of
overall disturbance).
2. Written findings of fact addressing all applicable development standards and approval criteria.
3. Site development plan map, drawn to scale - The application shall include a site map of the subject
property prepared by a licensed surveyor, civil engineer or other design professional that includes the
information described below. The Staff Advisor may request additional information based upon the
character of the site or the specific nature of the proposal.
a. All watercourses identified (including any drainage ways, ponds, etc).
b. Surveyed location of the Water Resource Protection Zone, as described in section 18-3.10.040. For
applications involving single-family residences or Limited Activities and Uses, in lieu of a surveyed
location, the Staff Advisor may approve a field determination of the Water Resource Protection
Zone by the Staff Advisor or his/her designee in which the applicant shall be required to stake the
top-of-bank or the upland-wetland edge and the boundary of the Water Resource Protection Zone.
c. For activities and use proposed within a Stream Bank Protection Zone: identification of the stream
as being either fish-bearing or non-fish-bearing; identification of the top-of-bank or center line as
required; and surveyed location of the streamÔs floodway and floodplain, if applicable.
d. For activities and uses proposed within a Wetland Protection Zone: a wetland delineation (with an
accompanying site map) prepared by a natural resource professional and that has been concurred
with by the Oregon Department of State Lands (DSL); and an aerial photo with the wetland
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boundaries identified.
e. Topographic information at two foot contour increments identifying both existing grades and
proposed grade changes.
f. Surveyed locations of all trees six (6) inches in diameter at breast height (dbh) or greater located in
the Water Resource Protection Zone and within 15 feet of the Water Resource Protection Zone,
identified by edge of canopy, diameter at breast height and species;
g. The outlines of non-tree vegetation, with a dominant species and any occurrence of non-native,
invasive species identified.
h. Location of existing and proposed development, including all existing and proposed structures, any
areas of fill or excavation, stream or wetland crossings, alterations to vegetation, or other
alterations to the siteÔ s natural state.
i. The location of natural features, proposed and existing structures, and other proposed and existing
improvements associated with lands within 100 feet of the Water Resource Protection Zone.
j. Proposed and existing land uses within 100 feet of the Water Resource Protection Zone.
k. The location of temporary fencing and erosion control measures installed to prevent encroachment
and flow of material into the Water Resource Protection Zone, such as sediment fencing and hay
bales, etc.
l. North arrow and scale.
m. Sources of information (federal, state and local).
4. Mitigation Plan prepared in accordance with the requirements described in section 18-3.10.110.
5. Management Plan prepared in accordance with the requirements described in subsection 18-3.10.110.C.,
except a management plan is not required for residentially zoned lots occupied only by a single-family
dwelling and accessory structures.
B. Building Permits and Development Activities. When approval of a planning action is not required,
other permit applications for the construction of structures or other development activities on properties
containing Water Resource Protection Zones shall be reviewed by the Staff Advisor to assure that Water
Resource Protection Zones are accurately identified on a site plan and that Limited Activities and Uses or
other site disturbances will not be conducted within the Water Resource Protection Zone. Temporary
fencing and erosion control measures may be required to be installed to prevent encroachment and flow of
material or other debris into the Water Resource Protection Zone and to otherwise prevent impacts to the
Water Resource Protection Zone by clearly identifying its boundaries. When required, these measures shall
be installed and site-verified by the Staff Advisor before any permits are issued and prior to the
commencement of excavation, grading, site clearing, construction or similar site work resulting in changes to
the land.
C. Required Information Waived Ï Determination. Applications under this chapter involving properties
containing a Water Resource Protection Zone shall accurately indicate the locations of these features and all
other information as described and required above. The Staff Advisor may waive one or more of the
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required elements of the site development plan map in subsection 18-3.10.100.A.3 if evidence is provided
conclusively demonstrating that proposed excavation, grading, site clearing, construction or similar actions
resulting in changes to the property are not located within the boundaries of the Water Resource
Protection Zone.
18-3.10.110 Mitigation Requirements
A. Vegetation Preservation and Construction Staging. The following standards shall be addressed in
mitigation plans to protect vegetation identified for preservation and water resources from sedimentation
when construction activity is proposed within a Water Resources Protection Zone.
1. Work areas on the immediate site shall be identified and marked to reduce damage to trees and
vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering the work
area. No equipment maneuvering, staging or stockpiling shall occur outside of designated work areas.
2. Trees shall not be used as anchors for stabilizing equipment.
3. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted in Water Resource Protection
Areas on a permanent basis. Temporary storage shall employ erosion control measures to ensure
sediments are not transported to adjacent surface waters.
4. Temporary erosion control measures shall be installed to prevent encroachment and flow of runoff,
material or other debris into the Water Resource. These measures shall be installed prior to the
commencement of excavation, grading, site clearing, construction or similar site work resulting in
changes to the land. Access roads, staging areas, storage areas and other areas of temporary disturbance
necessary to complete the proposed activity shall be restored as soon as possible, but not more than 90
days after authorized land disturbance. Erosion control measures shall be in place concurrently with
construction or establishment of the proposed activity. Temporary measures used for initial erosion
control shall not be left in place permanently.
B. Options for Satisfying Restoration and Enhancement Requirements in Mitigation Plans.
Mitigation plans are required to meet the standards in either the Prescriptive Option or Alternative Option
as follows.
1. Prescriptive Option The mitigation plan shall meet the following standards.
a. Re-planting Timeline. Re-planting shall occur within 90 days of authorized land disturbance.
b. Restoration Area Ratio. Disturbed areas shall be re-planted and an additional area restored, re-
planted and enhanced at a one square foot to one and a half square feet (1:1.5) ratio (e.g. if 100
square feet of surface area is disturbed, 150 square feet shall be restored, re-planted and enhanced).
c. Local Native Plant Species Coverage. The Stream Bank Protection Zone shall be a minimum of 50%
plant coverage in local native plant species with the installation of new trees only to consist of native
trees (Figures 8, 9 and 10). The Wetland Protection Zone shall be 100% plant coverage in local
native plant species and in accordance with local, state and federal approved management plans.
Local native plant species for stream bank and wetland applications are identified on the City of
AshlandÔs Local Native Plant Species List. The use of noxious and invasive plants on the City of
AshlandÔs Prohibited Plant List in Water Resource Protection Zones is prohibited.
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Figure 8: Native Plant Requirements for Riparian Corridor Streams
Figure 9: Native Plant Requirements for Local Streams
Figure 10: Native Plant Requirements for Intermittent and Ephemeral Streams
d. Re-planting Priorities.
i. Priority shall be given to removal of noxious and invasive vegetation and planting of local native
plant species.
ii. Plant materials shall be located in such a manner as to maximize enhancement and restoration of
the Water Resource Protection Zone, with particular emphasis on temperature reduction of
watercourses, erosion control, bank stabilization and wildlife habitat enhancement.
iii. Nearby riparian plant communities should be used as a guide for developing a re-vegetation plan.
e. Shrub and Tree Requirements. Re-planting shall include shrubs and tree canopy layers in accordance
with the following coverage and spacing requirements.
i. Shrubs shall be planted and maintained to provide a minimum of 50% total coverage of the
restored area within a five year period. The minimum planting size shall be one gallon.
Restoration areas that have existing vegetated under-story consisting of healthy riparian shrubs
that covers at least 50% of the restoration area are considered compliant with the restoration
standards for under-story plantings.
ii. Canopy trees shall be planted at 20-foot intervals. The minimum planting size shall be one inch
caliper. All new trees shall be staked and protected by deer/rodent-proof fencing. Restoration
areas that have an existing vegetated tree canopy consisting of healthy trees at least four inches
d.b.h. and at an average spacing of 20 feet onÏcenter are considered compliant with the
restoration standards for trees.
f. Erosion Control. Erosion control material such as mulch, hay, jute-netting, or comparable material
shall be applied to protect disturbed, re-planted areas. Disturbed areas shall be replanted so that
landscaping shall obtain 50% coverage after one year and 90% coverage after five years.
g. Irrigation. New plantings shall be irrigated for a period of five years to ensure establishment.
h. Performance. Local native plant species that do not survive the first two years after planting shall be
replaced.
i. Landscape and Irrigation Plans. A mitigation plan shall include landscape and irrigation plans, with
details addressing the proposed plant species, variety, size of plant materials, number of plants,
timing of plantings, plant spacing and installation methods. The landscape plan shall address the plant
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coverage by local native plant species after five years.
2. Alternative Option Ï The mitigation plan shall address the following requirements, and shall meet or
exceed the standards in the Prescription Option in subsection 18-3.10.110.B.1. The Staff Advisor may
require the mitigation plan to be prepared by a natural resource professional.
a. Assessment of Water Resource Protection Zone Structures, Functions and Values. A mitigation plan
shall include an assessment of the structures, functions and values (i.e. water quality, flood control,
habitat, etc.) that will be adversely impacted by the proposed alterations of the Water Resource
Protection Zone and a clear explanation of how these impacts are to be mitigated.
b. Objectives and Standards of Mitigation. A mitigation plan shall state specific plan objectives and
establish clear and measurable standards for determining if stated objectives have been
accomplished. For example, the objective might be to restore or enhance the shade canopy within a
Stream Bank Protection Zone to benefit fish and reduce water temperature, while the standard
might be a certain percentage of shade canopy coverage at the end of one year and 100% shade
canopy coverage after three years.
c. Mitigation Site/Grading Plan. A statement and detailed plan of the location, elevation, and hydrology
of the mitigation area, including a grading plan at two foot contour intervals. For applications
involving Wetland Protection Zones, the application shall demonstrate that plants have adequate
access to site hydrology. For applications involving Stream Bank Protection Zones, the grading plan
shall identify newly planted areas and include slope stabilizing measures to prevent erosion, ensure
vegetative coverage and limit plant mortality.
d. Landscape Plan. The Stream Bank Protection Zone shall be a minimum of 50% plant coverage in
local native plant species with the installation of new trees only to consist of native trees (Figures 8,
9 and 10). The Wetland Protection Zone shall be 100% plant coverage in local native plant species
and in accordance with local, state and federal approved management plans. Local native plant
species for stream bank and wetland applications are identified on the City of AshlandÔs Local Native
Plant Species List. The use of noxious and invasive plants on the City of AshlandÔs Prohibited Plant
List in Water Resource Protection Zones is prohibited. The landscape plan shall address the plant
coverage by local native plant species after five years, and shall be size and species-specific, with
details addressing the timing of plantings, proposed plant placement and plant spacing.
C. Management Plan. The applicant shall implement a management plan for the Water Resource Protection
Zone and resource areas under the applicantÔ s ownership or control, including the areas restored and
enhanced to assure long term conservation and maintenance. The management plan shall detail proposed
monitoring and maintenance, and shall include a schedule delineating how completed projects will be
monitored and reported to the Staff Advisor. The management plan shall contain the following
requirements.
1. The approved mitigation plan.
2. Identification of Water Resources and Water Resource Protection Zone management practices to be
conducted and proposed intervals.
3. The following statements.
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a. ÑThere shall be no alteration of the Water Resource Protection Zones as delineated and shown on
the attached planÒ (attach reduced plan).
b. ÑThere shall be no alteration of the size, shape or design of an approved Water Resource
Protection Zone without prior approval by the City of AshlandÒ.
c. ÑThere shall be no amendment or change to this Management Plan without prior approval of the
City of AshlandÒ.
4. Provisions for the ongoing removal and management of noxious or invasive vegetation and debris.
5. Provisions for the protection of protected plant and animal species in accordance with
recommendations from applicable state and federal agencies.
6. Specific provisions for city enforcement of the management plan.
7. Any additional measures deemed necessary to protect and maintain the structures, functions and values
of the Water Resource Protection Zone (e.g. signage delineating preservation boundaries).
8. Provisions for the perpetual protection and maintenance of the Water Resource and Water Resource
Protection Zone including but not limited to the following.
a. Recordation of a conservation easement or Conditions, Covenants, and Restrictions (CC&Rs) which
prescribe the conditions and restrictions set forth in the approved planning application, development
permit, building permit, or proposed public facilities plans, and any imposed by state or federal
permits.
b. Transfer of the ownership and maintenance responsibilities for the area to a willing public agency,
non-profit association or private conservation organization with a recorded conservation easement
prescribing the conditions and restrictions set forth in the approved planning application,
development permit, building permit, or proposed public facilities plans, and any imposed by state or
federal permits.
c. Other mechanisms addressing long-term protection, maintenance and mitigation consistent with the
purposes and requirements of this ordinance as deemed appropriate and acceptable by the approval
authority.
D. A Performance Guarantee. In general, mitigation shall be implemented prior to or concurrently with the
project. The approval authority may require a performance bond or similar monetary insurance of up to
110% of the proposalÔs cost to guarantee that the mitigation proposal will be carried out as approved, and to
ensure that the objectives are met through demonstration of compliance with measurable standards and
that the site will be maintained to keep the Water Resource functioning properly.
18-3.10.120 Map Errors and Adjustments
The Staff Advisor may authorize a correction to a wetland on the Water Resources Map when the applicant has
shown that a mapping error has occurred and the error has been verified by the Oregon Department of State
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Lands (DSL). Delineations verified by DSL shall be used to automatically update the Water Resources Map and
record the wetland delineation document. No formal variance application or plan amendment is required for
map corrections where an approved delineation with a DSL letter of concurrence is provided. Approved
delineations shall be subject to the terms of expiration set forth in the DSL approval.
18-3.10.130 Enforcement and Penalties
A. Fine. A violation of any provision of this chapter, a permit issued under this chapter or any condition of a
permit issued under this chapter shall be a violation as defined by General Penalty chapter 1.08 and
punishable by a fine as set forth in that section.
B. Mitigation and Management. Within 30 days of notification by the City of Ashland Planning Division of a
violation of a provision of this chapter or any condition of a permit issued under this chapter, mitigation shall
be required and the Staff Advisor may require the property owner to submit a mitigation plan prepared by a
natural resource professional and in accordance with subsection 18-3.10.110.B.
C. Enforcement Fee. In addition to a fine, the court may impose an enforcement fee as restitution for the
enforcement costs incurred by the City. This fee may be imposed upon any person who violates any
provision of this chapter or who violates any permit or condition of any issued permit under this chapter.
The fee shall be in an amount established by resolution of the City Council.
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18-3.11 Ï Site Development and Design Overlays
Chapter 18-3.11 Ï Site Development and Design Overlays
Sections
18-3.11.010 Purpose
18-3.11.020 Applicability
18-3.11.030 Detail Site Review Overlay
18-3.11.040 Downtown Design Standards Overlay
18-3.11.050 Historic District Overlay
18-3.11.060 Pedestrian Place Overlay
This chapter consolidates existing ordinance provisions and creates new enabling provisions
Comment:
for the following overlays, which are applied through Site Review: Detailed Site Review Overlay,
Downtown Design Standards Overlay, Historic District Overlay, and Pedestrian Places Overlay.
18-3.11.010 Purpose
The Site Development and Design overlay zones are provide special regulations and standards that supplement
the base zoning regulations and which are implemented through Site Review.
18-3.11.020 General Applicability
This chapter applies to the Detail Site Review, Downtown Design Standards, Historic District, and Pedestrian
Place 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.
18-3.11.030 Detail Site Review Overlay
This section carries forward 18.72.050. The Detail Site Review Overlay map, currently
Comment:
contained in the SDUS document, should be inserted here.
A. The Detail Site Review Overlay is that area defined in the Exhibit __.
B. Any development in the Detail Site Review Zone as defined in the Site Review Standards adopted pursuant
to this chapter, which exceeds 10,000 square feet or is longer than 100 feet in length or width, shall be
reviewed according to the Type 2 procedure.
C. Outside the Downtown Design Standards Zone, new buildings or expansions of existing buildings in the
Detail Site Review Zone shall conform to the following standards:
1. Buildings sharing a common wall or having walls touching at or above grade shall be considered as one
building.
City of Ashland 3-98 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.11 Ï Site Development and Design Overlays
2. Buildings shall not exceed a building footprint area of 45,000 square feet as measured outside the
exterior walls and including all interior courtyards. For the purpose of this section an interior courtyard
means a space bounded on three or more sides by walls but not a roof.
3. Buildings shall not exceed a gross floor area of 45,000 square feet, including all interior floor space, roof
top parking, and outdoor retail and storage areas, with the following exception: Automobile parking
areas located within the building footprint and in the basement shall not count toward the total gross
floor area.
4. Buildings shall not exceed a combined contiguous building length of 300 feet. Inside the Downtown
Design Standards Zone, new buildings or expansions of existing buildings shall not exceed a building
footprint area of 45,000 sq. ft. or a gross floor area of 45,000 sq. ft., including roof top parking, with the
following exception: Automobile parking areas located within the building footprint and in the basement
shall not count toward the total gross floor area.
18-3.11.040 Downtown Design Standards Overlay
This section carries forward 18.72.055. The Downtown Design Standards Overlay map,
Comment:
currently contained in the SDUS document, should be inserted here.
A. The Downtown Design Standards Overlay is that area defined in the Exhibit __.
B. Development in the Downtown Design Standards Overlay is subject to section 18-4.2.070 Downtown
Design Standards..
18-3.11.050 Historic District Overlay
This section provides enabling language for the historic district regulations currently
Comment:
contained in the SDUS document. The Historic District Overlay map should be inserted here.
A. The Historic District Overlay, also referred to as the Historic Interest Area, is that area defined in Exhibit
__.
B. Development in the Historic District Overlay is subject to section 18-4.2.050 Historic District Standards.
18-3.11.060 Pedestrian Place Overlay
This section carries forward 18.56.040. The Pedestrian Places Overlay map, currently
Comment:
contained in the SDUS document, should be inserted here.
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.
City of Ashland 3-99 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.11 Ï Site Development and Design Overlays
B. Applicability
1. Location. The Pedestrian Place Overlay applies to all property where PP is indicated on the Ashland
Zoning Map.
2. Planning Actions. 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.
3. Other Sections of the Land Use Ordinance. The provisions of the Pedestrian Place Overlay supplement
those of the applicable base zoning district and other applicable ordinance requirements. Where the
provisions of this chapter conflict with comparable standards described in any other ordinance or
regulation, the provisions of the Pedestrian Place Overlay shall apply.
C. Pedestrian Place Concept Plans. 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. Residential Zoning Districts within Pedestrian Place Overlay.
1. Special Permitted Uses. In addition to the permitted uses in the base residential zoning district, the
following uses and their accessory uses are permitted outright subject to the requirements of this
section and the requirements of Part 18-4 Site Development and Design Standards.
a. Professional, financial, business and medical offices, and personal service establishments.
b. Stores, shops and offices supplying commodities or performing services.
c. Restaurants.
2. 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% of the total gross floor area of a building or of multiple
buildings shall be designated for housing.
c. The development shall meet the minimum housing density requirements of the base zoning district.
3. Development Standards.
a. A building 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.
b. 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.
City of Ashland 3-100 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.11 Ï Site Development and Design Overlays
\[Insert existing graphic from 18.56.040.\]
4. Mixed-Use Buildings in Residential Zones. Mixed-use buildings in a residential base zoning district
require Site Review approval in accordance with chapter 18-5.2, and are subject to the following
requirements of Part 18-4 Site Development and Design:
a. Basic Site Review Standards for Commercial Development (section __)
b. Parking Lot Landscaping and Screening Standards (section __)
c. Street Tree Standards (section __)
E. Development Standards. In addition to the requirements of the base zoning district, the following
standards shall apply.
1. Building Setbacks. The solar access setback in chapter 18-4.10 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 18-4.5, but shall not constitute
more than 50% of the required area.
City of Ashland 3-101 Module 1 - Draft #2 - September 2012
Land Use Ordinance
18-3.12 Ï Residential Overlay
Chapter 18-3.12 Residential Overlay
This section carries forward 18.56.050. The Residential Overlay map should be inserted here.
Comment:
Sections
18-3.12.010 Residential Overlay Regulations
18-3.12.010 Residential Overlay Regulations
The Residential Overlay applies to all property where ÓRÔ is indicated on the Ashland Zoning Map. The
Residential Overlay requirements are as follows:
A. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot area if there is
multiple buildings, shall be designated for permitted or special permitted uses, excluding residential.
B. Residential densities shall not exceed fifteen (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.
C. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses
in the E-1 District.
D. If the number of residential units exceeds ten (10), then at least 10% of the residential units shall be
affordable for moderate income persons in accord with the standards established by resolution of the
Ashland City Council through procedures contained in the resolution. The number of units required to be
affordable shall be rounded down to the nearest whole unit.
City of Ashland 3-102 Module 1 - Draft #2 - September 2012
Land Use Ordinance
Unified Land Use Ordinance Project
11.27.12
Page 1 of 3
Ordinance Outline
The following outline groups similar code functions together into six distinct parts of the land
use ordinance (Title 18), with each part containing a suite of related chapters, and subsections
with each chapter.
PC
18-1 General Provisions
reviewed
at
18-1.1 Introduction
9/25/12
meeting
18-1.2 Title, Purpose and General Administration
18-1.3 Lot of Record and Legal Lot Determination
18-1.4 Non-Conforming Situations
18-1.5 Ordinance Interpretations
18-1.6 Zoning Permit Expiration, Extension and Enforcement
PC
18-2 Zoning Regulations
reviewed
at
18-2.1 Zoning Regulations – General Provisions
11/13/12
meeting
18-2.2 Base Zones – Allowed Uses
18-2.3 Special Use Standards
18-2.4 General Regulations for Base Zones
18-2.5 Standards for Residential Zones
18-2.6 Standards for Non-Residential Zones
Scheduled
18-3 Special Districts and Overlay Zones
forPC
reviewat
18-3.1 Special District and Overlay Zone Purpose and Administration
11/27/12
meeting
18-3.2 Croman Mill District
18-3.3 Health Care Services District
18-3.4 North Mountain Neighborhood District
18-3.5 Southern Oregon University District
18-3.6 Airport Overlay
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Unified Land Use Ordinance Project
11.27.12
Page 2 of 3
18-3.7 Freeway Sign Overlay
18-3.8 Performance Standards Options Overlay
18-3.9 Physical and Environmental Constraints Overlays (Floodplain Corridors,
Hillside Lands, Severe Constraints, Wildfire Lands)
18-3.10 Water Resource Overlay
18-3.11 Site Development and Design Overlays (Detail Site Review, Downtown
Design, Historic District, Pedestrian Place)
18-3.12 Residential Overlay
18-4 Site Development and Design Standards
18-4.1 Design Standards Administration
18-4.2 Building Placement and Orientation
18-4.3 Access and Circulation
18-4.4 Parking and Loading
18-4.5 Landscaping and Screening
18-4.6 Light and Glare
18-4.7 Public Facilities and Utilities
18-4.8 Recycling Requirements
18-4.9 Sign Regulations
18-4.10 Solar Access
18-4.11 Subdivision Design Standards
18-4.12 Grading and Excavation
18-4.13 Tree Preservation and Protection
18-4.14 Wireless Communication and Facilities and Disc Antennas
18-5 Administrative Procedures
18-5.1 General Review Procedures
18-5.2 Site Design Review
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Unified Land Use Ordinance Project
11.27.12
Page 3 of 3
18-5.3 Land Divisions and Property Line Adjustments
18-5.4 Conditional Use Permits
18-5.5 Adjustments and Variances
18-5.6 Modifications to Approved Plans and Conditions
18-5.7 Annexations
18-5.8 Plan Amendments and Zone Changes
18-5.9 Ballot Measure 49 Claims
18-6 Definitions and Rules of Measurements
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us