HomeMy WebLinkAbout2013-02-12 Planning PACKET
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AASHLAND PLLANNING COOMMISSION
REGUULAR MEETING
FEBRRUARY 12, 20013
AGENDA
I. CALL TO ORDER:
7:00 PM, Ciic Center Cuncil Chambers, 1175 E. Main Street
vvoo
.. ANNOOUNCEMENTTS
II
IIII. CONSSENT AGENDDA
A. Appproval of Minutes
1.. January 8, 2013 Regulaar Meeting
2.. January 222, 2013 Special Meeting
IVV. PUBLIC FORUM
V. DISCUUSSION ITEMMS
A. Pootential Codee Amendmennts Related to the Establiishment & OOperation of SShort-Term VVacation
Hoome Rentals.
B. Unnified Land UUse Ordinancce - Part 4: SSite Developpment and Deesign Standaards.
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).
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
January 8, 2013
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Troy J. Brown, Jr. Maria Harris, Planning Manager
Michael Dawkins April Lucas, Administrative Supervisor
Richard Kaplan
Debbie Miller
Melanie Mindlin
Absent Members: Council Liaison:
None Mike Morris
ANNOUCEMENTS
No announcements were made.
CONSENT AGENDA
A. Approval of Minutes.
1. December 11, 2012 Regular Meeting.
Commissioners Miller/Brown m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 5-0.
PUBLIC FORUM
No one came forward to speak.
UNFINISHED BUSINESS
A.Approval of Findings for PA-2012-01414, 180 Nutley Street.
Ex Parte Contact
No ex parte contact was reported.
Commissioner Kaplan questioned the accuracy of a statement contained at the bottom of page 3, which reads: “The Planning
Commission finds the application does not satisfy the approval criteria 18.100.020.C for a Variance which requires that the
circumstances or conditions have not been willfully or purposely self-imposed.” He clarified his concern is including the terms
“willfully” and “purposefully” in the Findings and is worried this may open the document up to challenges. Planning Manager
Maria Harris clarified that during the public hearing several commissions stated they believed this was a self-imposed condition,
and while they did not specifically say willfully or purposefully, staff assumed the Commission’s determination was that this
criteria had not been met. The Planning Commission held further discussion and most felt the Findings accurately represented
their decision. Commissioner Kaplan suggested revising the variance criteria to address this issue and the Commission agreed
this was something they should look into.
Commissioners Brown/Dawkins m/s to approve the Findings for PA-2012-01414, 180 Nutley. Voice Vote: all AYES.
Motion passed 5-0.
Ashland Planning Commission
January 8, 2013
Page 1 of 3
DISCUSSION ITEMS
A. Unified Land Use Ordinance – Part 5: Application Review Procedures and Approval Criteria.
Planning Manager Maria Harris explained tonight’s meeting will focus on Part 5 - Application Review Procedures and Approval
Criteria, and provided an overview of the proposed amendments to this section of the code.
1)Combined Type III and Legislatives Procedures. Ms. Harris clarified this amendment does not change the actual
procedures and the intent of combining the two existing categories is to eliminate duplication and provide clarify for use and
administration.
2)Expedited Land Divisions. Ms. Harris explained the Oregon Model Code recommends including a reference to the
Oregon Revised Statutes (ORS) rather than including the four pages of text, and since this provision has not been used in
Ashland since its inclusion in 2008, staff recommends deleting this section and adding a reference to the ORS instead.
3)Effective Date of Type I Decisions. It was clarified the proposed amendment would change the effective date from 13
days to 12 days in order to be consistent with the ORS.
4)Effective Date of Type II Decisions. Ms. Harris clarified this amendment would change the effective date from 13 days to
10 days. She added a timeframe is not required by state law, but 10 days is consistent with what other jurisdictions do.
Commissioner Brown questioned if this is defined as calendar days or working days and recommended this be clarified in
the definitions section.
5)Submitting Information to Complete an Application. It was clarified this amendment would provide applicants 180 days
to provide missing information, which is consistent with state law.
6)Site Review Submittals. Ms. Harris explained this amendment would include requirements for site review applications to
include information on pedestrian and bicycle circulation, outdoor lighting, mail boxes and bus stops, and a preliminary
grading plan for sites that are ½ acre of larger. Commissioner Mindlin expressed concern with the preliminary grading plan
requirement and stated this could be a potential waste of money for the applicant if the site plan is altered. Ms. Harris
shared an example where having this information earlier on would have been beneficial.
7)Final Plat Submission. It was clarified this amendment would consolidate the procedure for final plan submissions and
both partitions and subdivisions will receive 18 months.
8)City Facilities Approval Criteria. Ms. Harris stated the recommended amendment would better clarify the criteria for
adequate capacity of city utilities and transportation facilities. Specifically, the language for paved access would be changed
to“to and through throughout the development.”
9)Target Use for the C-1 and E-1 Zones. Ms. Harris explained staff is recommending increasing the target use in C-1 and
E-1 zoned properties to .5 FAR. She elaborated on how this criteria is applied to conditional use permit applications and
stated this adjustment would reflect the recent updates to the Detail Site Review Zone requirements. Commissioner Mindlin
expressed hesitation about adopting a .5 FAR blanket comparison for all conditional use applications in the C-1 and E-1
zones, but none of the other commissioners expressed concern with this change.
10)Variance Criteria. Ms. Harris clarified staff is suggesting two new approval criteria for variance applications that were taken
from the Model Code. One addresses the minimum necessary to address the special circumstances of the site, and the
other requires consistency with all other applicable regulations.
11)Issuing a Building Permit for an Approved Variance. It was clarified this amendment would allow the issuance of a
building permit on the effective date of the decision, which will insure the local appeal period has passed and the decision is
final.
12)Chapter 18-5.6 Modifications to Approved Planning Applications. Ms. Harris explained this new chapter is based on
the Oregon Model Code and uses thresholds to distinguish major and minor modifications. Commissioner Dawkins
expressed concern with applicants reverting to previous approvals and cited the Helman Baths and the development at
Siskiyou and Bellview as examples. Ms. Harris explained the proposed changes would not influence the situations
described by Dawkins. In regards to Helman Baths, she believes his concerns relate more to the performance standards
options for subdivisions; and regarding the development on Bellview, Ms. Harris stated she does not see this as a
modification issue but rather how phased developments are treated.
Questions of Staff/Commission Discussion
The Commission offered their final comments and questions to staff regarding this section of the Unified Land Use Code.
Ashland Planning Commission
January 8, 2013
Page 2 of 3
Comment was made questioning the required widths for flag drives, which varies depending on how many units they
serve. Ms. Harris stated she believes this is based on Fire Code but would verify this for the Commission. Additional
comment was made questioning the requirement for flag drives to be paved.
Comment was made regarding the grading plan requirements and whether they should consider a trigger of .5 acres
and a certain amount of slope before this would be required. Additional suggestion was made to add the language “or
as deemed necessary by the Staff Advisor”, which may provide more discretion.
Comment was made questioning the statement on page 5-55 (B.2) which reads “If a lot is nonconforming to any City
standard it shall not be made more conforming by the property line adjustment” and Ms. Harris agreed this is a typo.
An additional typo was noted on page 5-32 (B.1). The statement should be corrected to read “…landscaping plans
shall be at least one inch equals fifty feet”.
Comment was made suggesting the Commission consider expanding the noticing area requirements.
Suggestion was made to modify the sentence on page 5-69 (item 4) to read “A change in the type and/or location of
vehicle access points or approaches, driveways, or parking areas affecting off-site traffic if the change could cause a
significant adverse impact”.
B. Input on Council Goals.
Planning Manager Maria Harris explained the City Council’s goal setting session is coming up and they have asked for input
from all the City commissions. The following ideas/suggestions were put forward by the Commission:
Continue to develop green building standards and sustainable development standards. Increase the use of alternative
energies (including possible requirements for solar panel installation on new developments) to address Tier 2 power
demands. Support urban agriculture and farming, and businesses that use and provide regional products.
Provide policy direction for infill planning.
OTHER BUSINESS
A.Bi-Annual Attendance Report (July – December 2012)
Informational item only. No discussion was held.
ADJOURNMENT
Meeting adjourned at 8:55 p.m.
Ashland Planning Commission
January 8, 2013
Page 3 of 3
ASHLAND PLANNING COMMISSION
SPECIAL MEETING
MINUTES
January 22, 2013
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Michael Dawkins Bill Molnar, Community Development Director
Richard Kaplan Amy Gunter, Assistant Planner
Debbie Miller April Lucas, Administrative Supervisor
Melanie Mindlin
Absent Members: Council Liaison:
Troy J. Brown, Jr. Mike Morris
ANNOUCEMENTS
Community Development Director Bill Molnar announced the City Council will conduct their annual goal setting on Saturday,
January 26, 2013, and mentioned the Council will take up the Housing Needs Analysis again at their February Study Session.
PUBLIC FORUM
No one came forward to speak.
UNFINISHED BUSINESS
A.Approval of Findings for PA-2012-01511, Transportation System Plan Update.
Commissioners Miller/Kaplan m/s to approve the Findings for PA-2012-01511. Voice Vote: all AYES. Motion passed 4-0.
DISCUSSION ITEMS
A. Potential Code Amendments Related to the Establishment and Operation of Short-Term Vacation Home Rentals.
Community Development Director Bill Molnar presented this item for discussion and explained that short term rentals are only
allowed in R-2 and R-3 zones with a conditional use permit (CUP) and in Ashland are primarily Bed & Breakfast establishments.
He provided some history on Ashland’s travelers accommodation ordinance and explained as part of the City’s code compliance
efforts staff has noticed a dramatic increase in the number of homes being rented out on a short term basis that are operating
without permits. He added either they are located in an R-2 or R-3 zone and have not gone through the CUP approval process,
or they are located in an R-1 zone where short term rentals are prohibited. Mr. Molnar explained after the City sent out
compliance request notices to property owners operating illegal rentals, a citizen approached the City Council and asked them
to look into potential changes, and Council directed staff to bring this forward at a future meeting. At the City Council’s August
2012 Study Session, the Council determined the most appropriate avenue was for the Planning Commission to review the
travelers accommodation ordinance and put forth suggestions on what to do, if anything.
Mr. Molnar reviewed a number of considerations for the Commission to consider, including the protection of neighborhood
character and potential impacts on Ashland’s housing supply and affordability. He also presented some potential benefits to
providing more flexibility, including the collection of the City’s transient occupancy tax, business license revenue, and an
increased choice for visitors. Mr. Molnar called attention to the discussion questions outlined in the packet materials and
suggested the Commission work through each item. He clarified if the Commission is interested in increasing opportunities for
these types of rentals and allowing them throughout the multi-family zone, approximately 600 properties would become eligible.
Ashland Planning Commission
January 22, 2013
Page 1 of 4
Questions of Staff
Assistant City Planner Amy Gunter commented briefly on the special use permits and minor conditional use permits utilized by
other jurisdictions. She also provided some detail on the types of complaints being reported to the City of Ashland. She
explained most of the complaints are related to noise and traffic, but reminded the Commission that the Community
Development Department is only informed of land use complaints and other compliance issues are handled by the Police
Department. Ms. Gunter stated in the past two years the Community Development Department has received approximately 20
complaints related to illegal vacation rentals, but stated the Police Department may have received more. Comment was made
questioning if there is a way to differentiate the number of complaints for vacation rentals compared to long-term rental units.
Ms. Gunter clarified general complaints are directed to the Police Department and Community Development staff does not hear
about them unless the complainant files a code compliance complaint form.
Comment was made questioning the purpose of the 200 ft. from an arterial street requirement. Mr. Molnar stated when this was
added to the code the idea was that visitors should not generate a lot of non-local traffic on neighborhood streets, and to try to
keep these types of establishments closer to the higher traffic infrastructure.
Mr. Molnar pointed out the Housing Commission would be discussing this topic at their meeting this week, and stated staff is
interested to hear their thoughts on potential impacts to housing. He noted the concern regarding loss of long term housing
stock, and clarified the Comprehensive Plan states that permitted uses should not disrupt the character of a neighborhood and a
discretionary approval process should be used to determine if they are appropriate. He also noted Ashland’s position in the
Regional Problem Solving Plan to accommodate future growth within the current urban growth boundary.
Public Input
Donnan Runkel/586 East Main/Stated she is the owner of Anne Hathaway’s Bed and Breakfast. Ms. Runkel explained many of
their long time guests are choosing illegal vacation rentals over them because it costs less. She stated many of these units have
not gone through the required inspections, do not carry the necessary insurance, do not collect the City’s lodging tax, and do not
report the income they receive. She added licensed rentals also have to pay commercial utility rates for water, sewage and
electricity. Ms. Runkel stated there should be a level playing field for everyone in the lodging industry and the City’s travelers
accommodation rules should be enforced. She added it gives everyone in the industry a black eye when someone operating an
illegal rental does not deliver on their promises.
Lois Van Aken/140 Central/Stated she is the owner of Central Avenue Cottages. Ms. Van Aken stated there are two issues
before them; one is the code and regulations as they exist right now, and the other is whether the City wants to look at changing
the code. She stated the owners of Ashland’s legal accommodations encourage the City to enforce the laws in existence today;
and if they want to look into changing rules that is fine, but they have been dealing with an unlevel playing field for a long time.
She stated legal units have higher utility rates, are required to hold a valid business license and collect the required taxes, but
visitors don’t know the difference and often choose the lower cost rental.
Barbara Hetland/985 East Main/Stated she has a studio apartment above her garage and went through the City’s approval
process this summer to get a conditional use permit. Ms. Hetland stated it was a fair process and it pains her to find out there
are unpermitted travel accommodations in Ashland. She stated these illegal units are not collecting taxes and are cheating the
City, and she is also concerned that these units are not carrying the proper insurance. Ms. Hetland stated the City’s approval
process for these types of units is fair, and asked that the rules be enforced.
Mark Schoenleber/60 Wimer/Stated he is the owner of two legal rental cottages and noted there are over 100 units listed on
the VRBO website. He mentioned the inspections legal units are required to go through and also commented on the potential to
allow units beyond 200 ft. of an arterial street. He stated his units comply with the CUP requirements for parking, but parking is
still a huge issue in their neighborhood and asked the Commission to consider this. Mr. Schoenleber voiced agreement with the
other issues that have already been pointed out and stated he would like to see compliance.
Tracy Egan/111 North Third/Stated she is the owner of the Black Swan Inn and also manages Second Street Cottages. Ms.
Egan stated she is a legal operator and complies with all the City’s requirements. She remarked that a prospective guest
recently called her and asked whether her establishment charged Ashland’s lodging tax, and when she replied “Yes” the guest
was no longer interested in staying there. She stated this has become a competitive advantage for those operating illegally and
Ashland Planning Commission
January 22, 2013
Page 2 of 4
asked the City to enforce the laws that are already on the books. Ms. Egan also discouraged the City from opening this up to the
R-1 zone, and questioned why they would expand this to other areas when they can’t enforce it in the allowed zones.
Commission Discussion/Deliberations
Commissioner Mindlin thanked the audience for coming and encouraging the City to enforce its laws, but clarified the Planning
Commission does not have a role in dealing with compliance issues. She stated the task before them is to review the ordinance
and make recommendations to the City Council about potential code changes.
Commissioner Dawkins stated he has given this issue a great deal of thought and is very concerned with the narrative in the
staff report about the amount of money a property owner can make renting out their unit short term versus long term. He stated
it is logical to assume that if they loosen the requirements, this will become an investment tool for people to come in and buy up
land and homes for this use. Dawkins stated the City’s travelers accommodation ordinance has been successful and does not
support expanding this use to the R-1 zone. He stated having a level playing field in the lodging industry is critical and
suggested limiting the number of permitted short term rentals in the same way the City has limited drive-up windows.
Commissioner Kaplan agreed with Mindlin that enforcement is not under the Commission’s purview, but as a citizen he
encouraged the city administrator to enact a level playing field so that health and safety is protected. Kaplan stated he did not
realize this was such a potentially significant problem in Ashland and believes it is appropriate to look at the code language and
determine if it still makes sense. He stated the 200 ft. from an arterial requirement, whether units need to be owner occupied,
the requirement for units to be at least 20 years old, and whether to permit this use in the R-1 zone are all valid issues that
deserve discussion.
Commissioner Miller noted the difference between renting out a room or two in your home, and a home that is purchased by an
absentee owner purely for investment purposes and turned into a year round vacation rental. Because of this, she is supportive
of the requirement for the property owner or business manager on remain on site.
Mr. Molnar was asked to elaborate on the Community Development Department’s code compliance program. He explained the
department no longer has a dedicated code compliance specialist and staff’s efforts are focused on working with property
owners to reach compliance. He stated typically after a phone call, several letters, and a warning of a fine people usually
comply; but staff has found that in the cases of illegal rentals, our efforts have not been effective.
Commissioner Mindlin recommended the Commission work through the discussion questions as outlined in the packet:
Question #1: Should changes to the Land Use Ordinance be considered that provide more opportunity for
property owners to operate vacation home rentals?
There was general consensus supporting the review of potential changes to the land use ordinance.
Question #2a: Should the area eligible for establishing a vacation home rental be increased to include all land
within Ashland’s multi-family zoning districts?
Mr. Molnar clarified this would make 600 properties eligible for short term vacation home rentals. Several
commissioners voiced support for removing the 200 ft. from an arterial or collector street requirement. Commissioner
Dawkins stated he would support allowing short term rentals in all of the multi-family zone only if they placed a limit on
the total number of units permitted and included a provision that this be revisited at a later date.
Question #2b: Should a property owner/business owner/manager be required to live on site in the case of a
property where only one, individual vacation rental is in operation?
Commissioner Dawkins stated the reality is that most of these property owners do not live on site. Commissioner
Kaplan voiced support for removing the live on site requirement if it is one unit, but would want a requirement for the
property manager’s contact information to be posted. Commissioner Miller was hesitant to this change. She stated she
has concerns about the impact on the neighbors and questioned what would happen if a major problem occurred and
there was no one on site to address it. Mr. Molnar clarified the Commission could consider language similar to what
other cities use requiring that contact information be posted on site and distributed to neighbors, and for the contact to
Ashland Planning Commission
January 22, 2013
Page 3 of 4
live within a certain proximity to the rental. Commissioner Mindlin voiced support for not requiring a property owner on
site for individual vacation homes.
Question #3: Should vacation home rentals be allowed in single family zoning districts (R-1)?
There was no interest expressed by the Commission in expanding this use to the R-1 zone.
Question #4: Should establishing a vacation home rental be subject to a land use application, such as a
conditional use permit, with public notice provided to surrounding neighbors?
Mr. Molnar stated staff believes that a conditional use permit is the appropriate process to use and the Commission
agreed.
The Commission briefly discussed the 20 year old housing stock requirement. Commission Dawkins commented that the intent
was to preserve Ashland’s wonderful Victorian homes and sees no reason to remove this requirement. Ms. Gunter clarified the
vast majority of homes in the R-2 and R-3 zones are at least 20 years old, and the Commission agreed this is a good safeguard
to keep in place.
Mr. Molnar clarified staff would summarize the Commission’s recommendations and bring this back at the next meeting for final
approval before it is forwarded to the City Council.
ADJOURNMENT
Meeting adjourned at 8:55 p.m.
Ashland Planning Commission
January 22, 2013
Page 4 of 4
DISCUSSION ITEM
_________________________________
Short-Term Vacation Rentals
Memo
DATE: 2/7/2013
TO: Planning Commission
FROM: Bill Molnar, Community Development Director
RE: Draft Memo from PC to Council
draft
Attached you’ll find a memorandum from the Planning Commission to the Council describing key
nd
suggestions that came out as part of your discussion on January 22 regarding short term vacation
rentals. The communication is an initial attempt to capture the Commission’s direction on the issue. It is
intended to provide a summary of your recommendation, some minimal background on the issue and
briefly describe your suggested direction to the Council for their consideration as they determine
whether to move forward on specific code changes to the Land Use Ordinance. While the Council did
not provide detailed direction to the Commission about their objectives, it could be safe to say they
wanted the Commission to consider code changes that would address the increase in demand for
individual vacation home rentals. I believe the Commission has provided some limited yet reasonable
changes that increase the number of potential properties eligible for such use, through targeting the
multi-family zones that largely are located in proximity to the downtown and which zoning currently
permits a variety of uses.
There are many opinions and concerns surrounding this issue that many communities, not just Ashland,
are struggling to address. It seems appropriate to spend some additional time to reflect on last month’s
discussion and take the opportunity to refine your suggestions and recommendations. Planning
Commissioner Chair Mindlin in a recent email to the Commission made a number of thought provoking
comments that could be considered. Specifically, does making all multi-family lands eligible for short
term vacation rental use diminish the ability for these areas to attract infill projects that offer long term
rental units close to the downtown, schools, parks, existing and future bus routes?
It could be useful to provide some additional clarification for Council as to why you did not recommend
extending the opportunity for vacation home rentals to single family zones. While increasing the
potential for more vacation rentals in multi-family zones is a reasonable first step given the district’s
purpose of accommodating a variety uses, are there additional reasons that need to be forwarded to
council?
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
There exist many examples of how cities have approached this issue, from more discretionary review
processes like a conditional use permit, to much more permissive actions that might only include a
business license, safety inspection and payment of transient occupancy taxes. At the last meeting, staff
has provided a matrix outlining some of the approaches taken by other municipalities. In the end, it is a
local choice, unique to that particular community and often influenced by what fits best with its history
and ideals. Regardless of what is decided, staff can tailor code amendments that reflects the desires of
the Commission and City Council.
Attachments:
Draft Planning Commission Memo
Memo from Linda Reid, Housing Program Specialist
January 22, 2013 – Possible Alternatives Document
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Memo - Draft
DATE: 2/7/2013
TO: Honorable Mayor and City Council
FROM: Ashland Planning Commission
RE: Preliminary feedback on potential code amendments related to vacation home rentals
Summary
The Commission had a discussion about zoning regulations for short term vacation home rentals in the
light of considering opportunities to address the increased demand for short term home rentals, while
keeping in mind potential impacts to existing neighborhoods and the possibility of reducing the
availability of long term rental housing supply. As a result, the Council may want to consider increasing
the number of properties eligible to operate a vacation home rental by extending the option to all lands
within the city’s multi-family zoning districts (R-2, R-3). The Commission supports maintaining the
existing requirement that a conditional use permit be obtained in order to operate a Bed and Breakfast as
well as an individual vacation home rental. These recommendations represent a reasonable initial step
with the results and impacts being evaluated at some future date. At this time, however, the Commission
does not propose removing the current prohibition of operating short term, overnight rentals in single
family zoning districts (R-1).
Background
On August 6, 2012, the Council requested that the Commission evaluate the issue about the growth in
numbers of unlicensed vacation home rentals. The Housing Commission was also asked to weigh in on
the issue and forward their thoughts to the Council. The Planning Commission held a public meeting on
January 22, and again on February 12, 2013 to review and make refinements to their recommendation.
Additionally, the Community Development Director introduced the item at the Housing Commission’s
meeting on October 24, 2012, with the Housing Commission again discussing the issue at their January
27, 2013 meeting where they provided a recommendation to the Commission and Council.
The Planning Commission discussed the appropriateness and potential implications of amending the
Land Use Code so that additional opportunities for short term home rentals could be increased. Overall,
there appears to be general consensus that the current standards regulating short term vacation rentals
have been effective in providing accommodations quite different from traditional hotel or motels, while
fitting in well and in general enhancing the character of many of Ashland’s established neighborhoods.
Ashland Planning Commission
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Page 1
Recommendation
In order to facilitate our discussion on this matter, we were provided with a few basic options to
consider. Our recommendation or suggestions for possible code amendments have been described
below.
Should changes to the Land Use Ordinance be considered that provide more opportunity
1.
for property owners to operate vacation home rentals?
Since the initial adoption of Ashland’s Travelers’ Accommodation Ordinance in the early 80’s,
the code has been amended as a way to adjust to new conditions and concerns. Given the
measurable increase in non-licensed, individual vacation home rentals, the Commission feels it is
timely to consider some fine-tuning that may address increased demand for short term home
rentals, as well as make clear to residents and property owners those operations that are in
conflict with the city’s zoning requirements, licensing and transient tax obligations.
Currently, vacation home rentals are permitted as a conditional use in multi-family zoning
2.
districts (R-2 and R-3) on properties abutting or located within 200 feet of an arterial or
collector street. Should the area eligible for establishing a vacation home rental be
increased to include:
a.All land within Ashland’s multi-family zoning districts? and
The Commission suggests the Council consider allowing all properties within multi-
family zoning districts (R-2 & R-3) to be eligible to submit a land use application for
short term vacation rentals. Currently, only properties abutting or within 200 feet of a
major street, such as an arterial and collector, are eligible to request a conditional use
permit. While the intent of the 200-foot rule was likely to direct the additional traffic
from vacation rentals to a limited area adjacent to or within a block of streets designed
and anticipated to accommodated greater loads, this may not be a significant factor given
the proximity of much of the city’s multi-family lands to major streets with our network.
An evaluation of this recommendation shows that this would result in 600 additional
properties being eligible to operate vacation rentals, an approximately 40 percent increase
above the current number of properties.
The Commission believes that this approach may draw the least neighborhood notice as
the city’s multi-family zoning districts already allow a wide variety of uses. This could
also be the option, however, most likely to impact more existing and future rental
housing, since those are generally located in the R-2 and R-3 zones.
b.Should a property owner/business-owner/manager be required to live on site in the
case of a property where only one vacation home rental is in operation?
The Commission believes that it may not be necessary to require the property/business
owner or site manager to reside on the property in cases where the use of the site consists
only of a single, individual vacation home rental. If this is the case, we recommend the
Ashland Planning Commission
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Page 2
code be amended to require that 24-hour contact information be posted in the home, as
well as made available to surrounding neighbors within a specified distance from the
property.
As part of the discussion, a commissioner expressed concern about the potential impacts
of having too many individual vacation homes without an on-site owner/manager
concentrated in a given area. Could we run the possibility of certain neighborhoods
taking on a character more like Sunriver, Oregon? Another commissioner expressed
concern about for neighbors in the area and the need for them to readily contact the
property owner or property management should major problems arise.
Currently, vacation home rentals are prohibited as a use in single family zoning districts
3.
(R-1). Should lands within Ashland’s single family zoning districts be eligible for
establishing a vacation home rental through the conditional use procedure?
The Commission recommended that Council continue to prohibit short term vacation rentals in
single family (R-1) zoning districts. In general, the Commission would prefer to make small
changes initially and evaluate the effectiveness of those changes, rather than opening up larger
areas of the city to be eligible when not fully understanding the potential impacts.
In all cases above, should establishing a vacation home rental be subject to a land use
4.
application, such as a conditional use permit, with public notice providing to surrounding
neighbors?
The Commission suggests that the decision of whether to permit short term vacation home
rentals should be handled through the conditional use permit process, as currently required. This
process allows for surrounding property owners to be notified and key impacts addressed
through conditions of approval.
Operation of a short term vacation rental in a residential zone represents a quasi-commercial use
in the form of providing an overnight accommodation for travelers and visitors. The Housing
Element of Ashland’s Comprehensive Plan states that mixed uses often create a more interesting
neighborhood environment and should be consider wherever they will not disrupt existing
residential area. The Plan states this policy should be implemented through the list of
Conditional Uses in multi-family zones and the adopted approval procedures. We believe the
recommendation for maintaining the requirement that these operations, regardless of scale,
require a conditional use permit is consistent with existing Plan policies.
Other Considerations
1.Code Compliance
The Commission does not feel that concerns raised by citizens concerning the need for city staff
to be more diligent in their efforts to seek compliance with existing city codes was within our
scope of action. We understand that historically compliance with provision related to travelers’
accommodations in the Ashland Land Use Ordinance (ALUO) has been enforced on a case by
Ashland Planning Commission
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Page 3
case basis, initiated by written neighbor complaints, as well as owners of approved visitor
accommodations.We can draw attention to the fact that noncompliant vacation rentals go
beyond being out of conformance with the ALUO, but are also not paying commercial utility
rates, transient occupancy taxes or business licensing fees.
It seems unlikely that simply expanding the number of properties eligible to request land use
approval for a vacation home rental will solve the compliance problem. Enforcement would
ultimately depend on more aggressive actions that may necessitate a new approach and very
likely additional resources.
2.Limitation on Concentrations
Individual members expressed concerns over possible adverse impacts that a concentration of
legitimately approved vacation rentals may have upon a neighborhood. Other code provisions for
possible consideration might include a limitation on total number of vacation homes; a limitation
on new vacation homes to be added each year and/or a limitation on numbers of vacation homes
within a certain distance of each other. While uncertain of the level of success, these represent
examples of requirements employed by other communities.
3.Resident Owner or Manager
A majority of commissioners were in favor of not requiring an on-site manager in the case of a
property with only a single vacation home rental. However, keeping this regulation may improve
the likelihood that there will be no complaints about the use of the premises.
Ashland Planning Commission
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Page 4
Memo
DATE: 2/7/2013
TO: Bill Molnar, Community Development Director
FROM: Linda Reid
RE: HC recommendation on vacation rentals
At their regular meeting held on January 23, the Housing Commission forwarded a recommendation that
the Council make no changes to the existing code that regulates vacation rentals units.
Commissioners cited several reasons for making such a recommendation, including: the detrimental
effects that allowing current rental units to convert to vacation rentals could have on the available rental
housing stock; a reduction in housing availability (both ownership and rental), and the potential to raise
housing costs as it is more lucrative for owners to rent properties for short term stays than to maintain
them for year round residents.
Many commissioners felt that allowing the conversion of current owner-occupied and rental units to
vacation rentals would further exacerbate the existing lack of housing for families with children as less
housing will be available for those who already live in the community or those who would like to live in
the community.
Housing Commissioners were also concerned about the effects on the housing stock occupied or sought
by students and for long term renters, citing the City survey’s low scores for housing affordability and
availability. Housing Commissioners felt that the City would need to work on the compliance piece if
the code were to stay the same.
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-488-6006
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Possible Alternatives for Addressing an Increased
Demand for Vacation Home Rentals
1. Clarification of Definitions
Chapter 18 of the Ashland Municipal Code, Land Use Ordinance, includes the following
definition for Travelers Accommodations. These establishments are commonly known
as Bed and Breakfasts or Inns, are located within multi-family residential zoning
districts, often consist of multiple accommodation units and require the property owner
or business owner to reside on the property.
18.08.795 Traveler's Accommodations
Any establishment in a residential zone having rooms or dwellings rented or kept for
rent to travelers or transients for a charge or fee paid or to be paid for rental or use
of such facilities for a period of less than thirty (30) days.
The proposed code changes are intended to address the commercial use of a single,
individual residence by renting the home for a period of time less than 30 consecutive
days, by advance reservation or arrangement. The following is an example of a
definition for a vacation home rental:
Vacation Home Rental means an individual dwelling unit rented for the purpose of
overnight lodging for a period of not less than one night and not more than 29 days
other than ongoing month-to-month tenancy granted to the same renter for the same
dwelling.
2. Expanding the areas in which Vacation Home Rentals are permitted – Possible
alternatives
Alternative A – No Changes:
Maintain the existing ordinance language and evaluate
more aggressive enforcement efforts. Short term vacation home rentals are currently
permitted and approved through a conditional use process, but only for eligible
properties located in R-2 and R-3 multi-family zoning districts, within 200 feet of a
collector or arterial. The property/business owner is required to live on site.
Alternative B – Multi-Family zoning districts:
Expand the geographic area where
short term vacation home rentals are permitted to include all property within R-2 and R-
3 multi-family zoning districts. The property/business owner would be required to live on
site, even in cases involving the operation of an individual “vacation home rental”. The
number of units is determined by the existing formula. A conditional use permit would be
required.
01.22.13 Commission Study Session
Staff Exhibit 1 - Page 1
Neighborhood Impacts
– Addressed through conditional use permit. Some impact can be expected
due to other permitted and conditionally allowed uses in the zone. Over concentration likely would be
disruptive to the existing neighborhood character.
Needed Housing
– Could reduce the amount of available rental and/or ownership housing
Choice
– Increases the number of properties eligible to operate vacation rentals
Management
– Resident management required
Additional Permits & Licenses
– Business license, TOT tax, commercial utility rates, county health
department, etc.
Alternative B. (1):
Expand the geographic area where vacation rentals are
permitted to include all property within R-2 and R-3 multi-family zoning districts.
In the case of an application to operate an individual “vacation home rental”, the
property/business owner would not be required to live on site (or an onsite
manager could be required). The number of vacation home rental units is
determined by the existing formula. A conditional use permit would be required.
Neighborhood Impacts
– Addressed through conditional use permit. Some impact can be expected
due to other permitted and conditionally allowed uses in the zone. Over concentration likely would be
disruptive to the existing neighborhood character.
Needed Housing
- Could reduce the amount of available rental and/or ownership housing
Choice
– Increases the number of properties eligible to operate vacation rentals
Management
– Resident management not required
Additional Permits & Licenses
– Business license, TOT tax, commercial utility rates, county health
department, etc.
Alternative C:
Expand the geographic area where vacation home rentals are permitted
to include R-1, single- family zoning districts, but only for properties within 200-feet of a
major street (i.e. arterial, collector, or neighborhood collector). The number of vacation
home rental units cannot exceed one per tax lot. The property/business owner or tenant
manager would be required to live on site. A conditional use permit would be required.
Neighborhood Impacts
– Addressed through conditional use permit. A relatively small number of
frequently in use short term rentals could be disruptive to the existing neighborhood character.
Needed Housing
- Could reduce the amount of available rental and/or ownership housing
Choice
- Increases the number of properties eligible to operate vacation rentals
Management –
Resident management required
Additional Permits & Licenses -
Business license, TOT tax, commercial utility rates, county health
department, etc.
Alternative C. (1):
Expand the geographic area where vacation rentals are
permitted to include R-1, single- family zoning districts, but only for properties
within 200-feet of a major street (i.e. arterial, collector or neighborhood collector).
The number of vacation home rental units cannot exceed one per tax lot. The
property owner is not required to live on site. The code would allow for an
additional residential unit (i.e. accessory residential unit) in conjunction with the
vacation home, but only to house the property owner/business owner or tenant
manager. If the property/business owner/manager does not reside on the
property, an additional residential unit (i.e. accessory residential unit) could still
01.22.13 Commission Study Session
Staff Exhibit 1 - Page 2
be permitted in combination with the vacation rental unit, or not. A conditional
use permit would be required.
Neighborhood Impacts
– Addressed through conditional use permit. A relatively small number of
frequently in use short term rentals could be disruptive to the existing neighborhood character.
Needed Housing
- Could reduce the amount of available rental and/or ownership housing
Choice
- Increases the number of properties eligible to operate vacation rentals
Management –
Resident management not required
Additional Permits & Licenses -
Business license, TOT tax, commercial utility rates, county health
department, etc.
3. Additional recommended requirements
A. Definitions
Add definition -
Primary Residence
The property that the taxpayer uses a majority of the time during the year
ordinarily will be considered the taxpayer’s principal residence. In addition to the
taxpayer’s use of the property, relevant factors in determining a taxpayer’s
principal residence, include, but are not limited to:
(i) The taxpayer’s place of employment;
(ii) The principal place of abode of the taxpayer’s family members;
(iii) The address listed on the taxpayer’s federal and state tax returns, driver’s
license, automobile registration, and voter registration card;
(iv) The taxpayer’s mailing address for bills and correspondence;
(v) The location of the taxpayer’s banks; and
(vi) The location of religious organizations and recreational clubs with which the
taxpayer is affiliated.
Note
(: Take from IRS definition for primary residence)
B. Additional CUP criteria for Vacation Home Rentals:
Added requirement:
Business License and Transient Occupancy Tax
registration required prior to operation of the Traveler’s Accommodation.
Added Requirement:
Maximum Occupancy
Two (2) persons per bedroom with a maximum of 10 persons
Added Requirement:
Off-street parking
Two off-street parking spaces (cannot be reduced through the use of on-
street credits)
01.22.13 Commission Study Session
Staff Exhibit 1 - Page 3
Added Requirement:
Maximum length of operation
Vacation Home may be leased for a maximum of #___ consecutive days with
a minimum 3-day vacancy between rental bookings
Added Requirement:
Concentration
Vacation home rental properties must be separated from other vacation home
Note
properties by a minimum distance of ____feet. (: This could lead to
competition among single family property owners to get approval sooner in
order to not preclude their ability to operate a vacation home at a later date)
Added requirement:
Required care, upkeep, and appearance of property
No more objectionable noise, smoke, dust, litter or odor shall be emitted from
the Traveler’s Accommodation than a typical neighborhood dwelling.
Dwellings used for traveler’s accommodations shall be maintained at or
above the level of the surrounding dwellings in the neighborhood, including
landscaping, signage, and exterior maintenance.
Provisions for regular garbage removal from the premises shall be provided
and documentation of such provisions shall be included in the City of Ashland
files.
Added requirement:
Onsite manager or post 24-hour local contact (within 20
miles)
There shall be a designated local management person immediately available
to handle complaints and problems. The name and contact information of the
designee shall be provided to the City of Ashland Community Development
Department, the City of Ashland Police Department and to all properties
within 200-feet of the Traveler’s Accommodation.
Added requirement:
Expiration, transfer of ownership, etc.
If the Traveler’s Accommodation activities cease for a period of six months as
determined by transient occupancy tax receipts, the Traveler’s
Accommodation becomes void with no operation without approval of a
conditional use permit.
That documentation of the transfer of ownership and evidence of knowledge
of regulations shall be provided to the City of Ashland Community
Development.
01.22.13 Commission Study Session
Staff Exhibit 1 - Page 4
Added requirement:
Prohibit advertisement of invalid establishments
Advertising a Traveler’s Accommodation or Vacation Home rental without a
valid Conditional Use Permit approval, current business license, and
Transient Occupancy Tax registration shall be subject to citation into
municipal court.
01.22.13 Commission Study Session
Staff Exhibit 1 - Page 5
HiBillandCommissioners,
Afterourdiscussiononthevacationrentals,Ifeltdissatisfiedwiththevaguenessoftheoutcome.Duringthe
meeting,Iwashavingdifficultygettingmymindwrappedaroundaclearpictureofourobjectives.Whilewe
maynotbeabletogiveaverydefinitiveresponsetotheCityCouncil,Iwouldliketoseeusprovideamore
clearanalysisoftheissue.
1)Firstofall,Iwanttobeclearthatcompliancewithexistinglawsisnotwithinourscopeofaction.
However,weshouldrecognizethathistoricallycompliancewiththeALUOhasbeenenforcedonacaseby
casebasisinstigatedbyneighborcomplaints.Wecandrawattentiontothefactthatnoncompliantvacation
rentalsgobeyondbeingoutofconformancewiththeALUO,astheyarealsonotpayingcommercialutility
ratesoraccommodationtaxes.
2)Itseemsunlikelythatsimplyexpandingthetypesofhomesthatcouldbelegalvacationrentalswillsolve
thecomplianceproblem.Itseemsthatenforcingcomplianceonallidentifiablevacationrentalswould
requireanewapproachandassociatedresources.
we
3)IftheCitywantstobalanceacompliancecampaignwithincreasedaccesstolegalvacationrentals,
haveidentifiedseveralpotentialwaystodothat.ThevariousoptionsthatIseeareasfollows.Thesecould
befilledoutwithfurthercommentsfromcouncillors.
a)AllowallhomeswithR23zoning(notjustthosewithin200ft.)tobevacationrentals.Thisapproachmay
theleastneighborhoodnoticeaswealreadyallowawidevarietyofusesinthatzoning.However,this
draw
wouldalsobetheoptionmostlikelytoimpactaffordablerentals,sincethosearemostlyintheR23zones.
b)Allowallhomeswithin200ftofcollectorstreetswhatevertheirzoning.Thismightaddresssome
transportationissuesinvolvedwiththeoriginalapproachsuchaslimitingtrafficonneighborhoodstreets.
c)Allowallhomeswithinthedowntownarea.Thiswouldaddresssometransportationissues,inthatpeople
couldwalktoprimarytouristdestinations.
d)AllowallhomesinAshland.Caveatsthatwentalongwiththismightincludealimitationontotalnumber
ofvacationhomes,alimitationonnewvacationhomestobeaddedeachyearand/oralimitationon
numbersofvacationhomeswithinacertaindistanceofeachother.
e)Wecouldremovetherequirementthatanownerliveonthepremisesinconjunctionwithanyofthese
options.However,keepingthisregulationmayimprovethelikelihoodthattherewillbenocomplaintsabout
theuseofthepremises.
4)Ithinkwewereclearalreadyonthefollowingpoints:
VacationhomesshouldstillgothroughtheCUPprocess.
Therequirementthatahomebehistoricalhadanobjectivethatisnolongerapriority.However,requiring
thathomesbemorethan20yearsoldseemstosupportanobjectiveofdiscouragingpeoplefrombuilding
homesspecificallyforthepurposeofbeingvacationrentals.
Requiringthattheownerliveonthepremiseslimitsthechoiceoptionsofvisitors,manyofwhomwould
prefertobestayinginaplacewithmoreprivacy.Howeverthisregulationmayachieveotherobjectives.
Ilookforwardtotheopportunitytodiscussthismatterfurther,consideringtheinputoftheHousing
CommissionandprovidingamorecoherentrecommendationtotheCouncil
Melanie
DISCUSSION ITEM
_________________________________
Unified Land Use Ordinance
Part 4: Site Development
& Design Standards
Memo
DATE: Februaryy 12, 2013
TO:AshlandPlanning Coommission
FROM:Maria Haarris, Planninng Manager
RE:
Unified LLand Use Orrdinance Prooject
Part 4 – SSite Developpment and DDesign Standdards
SSUMMARYY
TThe first secttion of Part 44 Site Devellopment andd Design Stanndards of thee unified orddinance is atttached
ffor the Plannning Commisssion revieww and discusssion. Part 4 iis broken in sections for the Planningg
CCommissionn review becaause it is lenngthy as it coontains all off the City’s ssite and buildding design
sstandards. Thhe attached ddraft containns the first foour chapters of Part 4 inccluding: 1) AAdministration; 2)
BBuilding Plaacement, Orieentation andd Design; 3) Parking, Acccess and Cirrculation; annd 4) Landsccaping,
FFences and WWalls, and OOutdoor Lighhting. Most of the materrial in these ffour chapters include staandards
ffrom the Sitee Design andd Use Standaards (separatte booklet), aand Chapter 18.92 Parkiing, Access aand
CCirculation. Other sectioons of the orddinance that are carried fforward are referenced in the commeent
bboxes.
FFIRST SECCTION OF PPART 4 – SSITE DEVELOPMENTT AND DESSIGN STANNDARDS
QQUESTION: Does the PPlanning Commmission haave commennts on the first section off Part 4 Site
DDevelopmennt and Designn Standards of the unifieed ordinancee?
BBACKGROUUND: Part 44 covers the standards thhat apply to site and buillding design. The intentt of Part
44 is to consolidate the deesign requireements and inntegrate the material intoo the ordinannce documennt itself.
TThe Site Dessign and Usee Standards ((SDUS), which are adoppted approvaal criteria, aree currently hhoused in
aa separate boooklet. Addiitionally, varrious designn standards arre located thhroughout thhe existing Tiitle 18
LLand Use.FFor example,, the buildingg orientationn standards aare currentlyy in the SDUS booklet, pparking
rrequirementss are in Chappter 18.92 Paarking, Acceess and Circuulation, signn requiremennts are in 18.96 Sign
RRegulations, and tree preeservation reequirements are in 18.61 Tree Preserrvation.
TThe Unified OrdinanceOOutline and tthe first secttion of Part 44 are attached. Part 4 haas primarily bbeen a
cconsolidationn, editing forr clarity, anddreformattinng effort, butt also includdes some prooposed changges and
aadditions to tthe code. Thhe amendmeents to the orrdinance thatt change thee content or aadd new matterial are
ccovered in coomment boxxes located thhroughout thhe documentt.
Page2 of 4
SUMMARY OF AMENDMENTS: The potential amendments that are substantive in nature are
summarized below.
Width of Garage Openings Facing a Street -
see p 4-9, 18-4.2.030.C.3
This is a proposed new standard for multi-family residential developments (i.e. two or more
units) that require a Site Review approval. The standard requires garage openings facing the
street to not exceed 50% of the building width. The exception is if the garage is stepped back
from the front elevation by at least six feet. The intent is balance resident’s desire for a
convenient, safe and private vehicle access to their homes with the public interest of maintaining
safe, attractive and walkable streets. The code currently contains a 20-foot setback to street
facing garages, and requires properties with alley access to take access from the alley. Staff
believes the current standards as well as the proposed garage width requirement addresses items
A and E in the Purpose section on page 4-6.
Parking Demand Analysis
– see p 54-35, 18-4.030.A.3
Language is suggested that would allow an applicant to provide a parking demand analysis as a
basis for differing from the minimum number of off-street parking spaces. The option requires
an analysis to be prepared by a qualified professional and assess the parking demand and supply
as well as a variety of other factors such as available shared parking and on-street parking. An
example of how this provision may be used is in conjunction with a housing type where
occupants do not drive or have limited vehicle ownership.
Joint Parking and Shared Parking Maximums
– see p 4-40, 18-4.3.060.D and E
The maximum parking reduction using the parking management strategies is currently 50%. The
proposed change is to allow a 100% reduction for facilities that are jointly used or shared. Shared
facilities, whether a surface lot or a parking structure, would typically be planned and built as
part of a development and designed to serve a set number of building(s).
Minimum of Two Bicycle Parking Spaces –
see p 4-42, 18-4.3.070.D and E
Currently, in some situations one bicycle parking space is required. The proposed amendment is
to provide a minimum of two bicycle parking spaces. The City’s required standard bicycle rack
is the inverted-u or staple rack. These racks accommodate one bike on each side, and therefore
provide two spaces. This change would require that the bicycle racks be located in a way that
would allow parking on each side of the rack.
Threshold for Dividing Larger Parking Areas
– see p 4-45, 18-4.3-080
and Provide Walkways Through Larger Parking Areas
-see p 4-51, 18-4.3.090.C.3.c
This item was discussed during the review of the Pedestrian Place ordinances. Currently the
standards requires dividing parking lots of 50 or more spaces into separate areas, and providing
raised walkways through lots of 50 or more spaces or lots of more than 100 feet in average width
and depth. The proposed language changes the threshold for dividing and providing walkways
through parking areas to meeting two requirements – 50 spaces and areas where pedestrians have
to walk across more than 100 feet. Staff believes the additional specificity better addresses the
issue.
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 4
Vertical Clearance for Driveways, Aisles, etc.
– see p 4-48, 18-4.3.0o.D.4
The suggestion is to exempt parking structures from a vertical clearance requirement because
this is addressed by building code.
Vision Clearance for Screening Walls and Hedges –
see p 4-49 and 4-50
The proposed addition is to require that walls and hedges designed to screen driveways and
parking areas meet vision clerance requirements at corners.
Walkway Separation –
see p 4-54 , 18.4.3.090
This item was discussed during the review of the Pedestrian Place ordinances. The existing
language is amended to provide flexibility in the type of walkway that may be approved adjacent
to a driveway.
Amendments to Landscape Plans,
see p 4.57, 18-4.4.020.D
The suggested language allows amendments to landscaping plans for fire safety, decreased water
use (plantings and irrigation) and energy efficiency as a Ministerial or Type I approval. Older
developments regularly come in requesting to change plantings for fire safety and water use, as
well as irrigation systems. This provision would allow changes in plant materials and irrigation
with a staff approval.
Credit for Existing Plants and Trees –
seep 4-58, 18-4.4.030.B and C
The proposed language makes it clear that existing healthy plants and trees that are preserved can
be counted towards meeting the landscaping requirement. This has been historically done in
practice.
Bio-swale Plantings -
p 4-58, 18-4.4.030.C.2.c
Requires plants used for storm water retention/detention to be water-tolerant species.
Expanding Low Water Use Landscaping to Residential Projects –
see p 4-59, 18-
4.4.030.C.2.e
Currently, the code requires low water use landscaping for non-residential projects that require a
Site Review approval. A question to consider is if this requirement should be extended to multi-
family residential projects (i.e. two or more units) that require a Site Review approval.
Plant Size Specifics
– see p 4-59, 18-4.4.030.C.4.a and b
Minimum tree and shrub sizes are suggested.
Erosion Control, Soil Maintenance and Crime Prevention
– see pp 4-59-4-60, 18-
4.4.030.C.5, 6 and 7
The proposed new language addresses erosion control, soil maintenance and design landscape
plans with crime prevention in mind.
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
Page4 of 4
Screening Loading Facilities
– see p 4-61, 18-4.4.030.E.6
Currently, driveways, parking and outdoor storage are required to be screened and buffered when
adjacent to residentially zoned land. The suggestion is to include Loading Facilities in the
screening and buffering requirement.
Maintenance of Landscaping
– see p 4-64, 18-4.4.030.I
A requirement to replace dead or dying plants with 180 days of discovery is suggested.
Temporary Tree Fencing in Riparian Areas and Wetlands
– see p 4-66, 18-4.4.040.I.2
An exemption is suggested allowing temporary tree fencing that is required in conjunction with
development in the water resource protection zones for riparian areas and wetlands.
Fence and Wall Setbacks
– see p 4-67, 18-4.4.040.L
New language is suggested to clarify that fences and walls that meet the height requirements in
the code are not required to meet setback requirements.
Outdoor Lighting
– see p 4-69, 18-4.4.050
Currently, the code requires outdoor lighting to not directly illuminate neighboring residential
properties. Several additional standards are suggested addressing the shielding of light fixtures
(currently required in the Croman Mill District), locating light fixtures in walkways so there is an
adequate pedestrian through zone, and maintaining outdoor lighting.
ATTACHMENTS
1. Unified Ordinance Outline
2. Title 18 – Part 4 – Site Development and Design Standards (first section)
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
2.12.13
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
PC
18-3 Special Districts and Overlay Zones
reviewed
at
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
2.12.13
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
Scheduled
forPC
reviewat
2/12/2013
18-4 Site Development and Design Standards
meeting
18-4.1 Site Development and Design Standards Administration
18-4.2 Building Placement and Orientation
18-4.3 Parking, Access and Circulation
18-4.4 Landscaping, Fences and Walls, and Outdoor Lighting
18-4.5 \[Reserved\]
18-4.6 Public Facilities
18-4.7 Signs
18-4.8 Solar Access
18-4.9 Subdivision Design
18-4.10 Grading and Excavation
18-4.11 Tree Preservation and Protection
18-4.12 Disc Antennas
18-4.13 Wireless Communication Facilities
PC
reviewed
18-5 Application Review Procedures and Approval Criteria
at1/8/13
meeting
18-5.1 General Review Procedures
18-5.2 Site Design Review
18-5.3 Land Divisions and Property Line Adjustments
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
2.12.13
Page 3 of 3
18-5.4 Conditional Use Permits
18-5.5 Adjustments and Variances
18-5.6 Modifications to Approved Planning Applications
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
PART184SITEDEVELOPMENTANDDESIGNSTANDARDS42
Chapter184.1SiteDevelopmentandDesignStandardsAdministration3
Chapter184.2ȟBuildingPlacement,OrientationandDesign6
Chapter184.3ȟParking,AccessandCirculation34
Chapter184.4Landscaping,FencesandWallsandOutdoorLighting56
Ȭ#§ ¯³¤±ΔΛΗȁΘȟ2¤²¤±µ¤£ȭ
City of Ashland 4-1 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
Part 18-4 - Site Development and Design Standards
Chapters:
18-4.1 Site Development and Design Standards Administration
18-4.2 Building Placement, Orientation and Design
18-4.3 Parking, Access and Circulation
18-4.4 Landscaping, Fences and Walls, and Outdoor Lighting
\[18-4.5 Reserved\]
18-4.6 Public Facilities
18-4.7 Signs
18-4.8 Solar Access
18-4.9 Subdivision Design
18-4.10 Grading and Excavation
18-4.11 Tree Preservation and Protection
18-4.12 Disc Antennas
18-4.13 Wireless Communication Facilities
City of Ashland 4-2 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-3.1 Ï Design Standards Administration | Purpose
Chapter 18-4.1 Ï Site Development and Design Standards Administration
Sections:
18-4.1.010 Purpose
18-4.1.020 Applicability
18-4.1.030 Exceptions to Design Standards
The following section describes how the design standards apply to various city actions. The
Comment:
Site Design Review procedure is contained in 18-5 Application Procedures and Approval Criteria.
Standards specific to overlay zones are contained in the overlay zone chapter (See Part 18-3).
18-4.1.010 Purpose
Part 4 contains design standards for development. The standards are intended to protect the public health,
safety and welfare. Where an applicant requests an exception to a design standard, the city reviewing authority
evaluates the request against the purpose of the ordinance chapter in which the design standard is located.
18-4.1.020 Applicability
Chapter 18-4 applies to permits and approvals granted under this ordinance, and other City actions, as
summarized in Table 18-4.1.020. The design standards of other agencies, such as the Oregon Department of
Transportation or a natural resource regulatory agency, may also apply. The CityÔs failure to notify the applicant
of such requirement shall not invalidate a permit or other action taken by the City under this ordinance.
The following section describes how the design standards apply to various city actions. The
Comment:
Site Design Review procedure is contained in 18-5 Application Procedures and Approval Criteria.
Standards specific to overlay zones are contained in the overlay zone chapter (See Part 18-3).
18-4.1.030 Exceptions to the Site Development and Design Standards
The city reviewing authority, in approving an application for Site Design Review, may grant exceptions to the
standards contained in Part18-4 without the need for variance. In granting an exception, the reviewing authority
must, on the basis of the application, investigation and evidence submitted, find all of the criteria in A or B,
below, are met:
A. There is a demonstrable difficulty in meeting the specific requirements of the applicable Site Development
and Design Standard, due to a unique or unusual aspect of an existing structure or the proposed use of a
site; and approval of the exception will not substantially negatively impact adjacent properties; approval of
the exception is consistent with the stated purpose of the applicable chapter of Part 18-4; and the exception
requested is the minimum which would alleviate the difficulty; or
B. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will
result in a design that equally or better achieves the stated purpose of the applicable chapter of Part 18-4.
City of Ashland 4-3 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
Discs; and
18-4.12 18-4.13
N N N N Y N N N N N N Legal Lot Determination N Y N N Y N N N N N N Y N Y Y Y/N Y/N N Y N Y Y N Y/N N
WCFs
/N
City of Ashland 4-4 Module 3 Ï Draft #2 Ï Feb 2013
non-conforming to any standard of Part 18-4 are subject to Chapter 18-1.4.
Y
Y
able Housing.
18-4.11
Trees
/N
Y
Y
sterial procedure and determines which standards apply.
Grading
18-4.10 zone change proposal is subject to Section 18-2.5.080 Afford
/N
Y
Y
Subdiv.
Design
18-4.9 1
N
Y
s to Approvals and Permits
Access
Solar
18-4.8
/N
Y
Y
nding on the modification request.
Code Interpretation Standards are subject to City interpretation under Chapter 18-1.5.
Signs
18-4.7
YY
rs apply where amendment affects design standards.
Facilities
18-4.6
Public
Y Y
Home Occupation Home Occupations are subject to Section 18-2.3.050.
Table 18-4.1.020
Parking &
Y (if use Y (if use
exists) exists)
Loading
Applicability of Design Standard
18-4.1 Ï Design Standards Administration | Applicability
18-4.5
YY
Building Permit City reviews building plan through a Mini
Uses, lots, or structures found to be
Landscapes
& Screening
18-4.9 Subdivision Design Standards may apply where annexation or
Individual chapters may apply, depe
Y /N Y N N Y N
/N
18-4.4
Y
Y
Circulation
Access
18-4.3
YY
Buildings
City Action Under Title 18 18-4.2
Code Text Amendment Chapte
/N
Y
Y
Partition or Re-plat of 2-3 lots
including Lot Consolidations
Modification to Approval or
Property Line Adjustments,
(See also, Chapter 18-5.3) (See also, Chapter 18-5.3)
Comprehensive Plan Map
Non-Conforming Use or
Conditional Use Permit
Structure, Expansion of
Condition of Approval
Land Use Ordinance
Amendment
Annexation
1
18-4.1 Ï Design Standards Administration | Applicability
Discs; and
le Housing standards.
Y Y Y Y Y Y Y/N N Y/N Y/N Y/N
18-4.12 18-4.13
Y N Y Y Y/N Y/N N N N N
WCFs
City of Ashland 4-5 Module 3 Ï Draft #2 Ï Feb 2013
18-4.11
Trees
Grading
zone change proposal is subject to Section 18-2.3__ Affordab
18-4.10
Subdiv.
Design
18-4.9 2
Zoning District Map Change N N N N Y N N Y
depending on the variance request.
s to Approvals and Permits
Access
Solar
18-4.8
Signs
18-4.7
Facilities
18-4.6
Public
Table 18-4.1.020
Parking &
Y (if use
exists)
Loading
Applicability of Design Standard
18-4.5
chapters of Title 18-4 may apply,
Landscapes
& Screening
18-4.9 Subdivision Design Standards may apply where annexation or
Y/ N Y N
18-4.4
Circulation
Access
18-4.3
Variances and Adjustments Individual
Buildings
City Action Under Title 18 18-4.2
Subdivision or Replat of >3 lots
(See also, Chapter 18-5.2) (See also, Chapter 18-5.3)
Land Use Ordinance
Site Design Review
2
3.2 Ï Building Orientation and Design | Purpose
Chapter 18-4.2 Ï Building Placement, Orientation and Design
Sections:
18-4.2.010 Purpose
18-4.2.020 Applicability
18-4.2.030 Residential Development
18-4.2.040 Non-Residential Development
18-4.2.050 Historic District Development
18-4.2.050 Downtown Ashland
This chapter carries forward Ashland’s existing Site Design standards. The standards will be
Comment:
reviewed as part of the upcoming green development evaluation. The standards are largely the same
except for changes identified by comment boxes.
18-4.2.010 Purpose
Chapter 18-4.2 regulates the placement, orientation, and design of buildings. The regulations are intended to
protect public health, safety, and welfare through standards that promote land use compatibility and livability,
while protecting property values and ensuring predictability in the development process. In summary, Chapter
18-4.2 is intended to promote site planning and building designs that:
The items below are taken from 18.72.010. The highlighted language is from the separate Site
Comment:
Design and Use Standards document.
A. Enhances the environment to encourage alternative modes of transportation, such as walking, bicycling, and
transit;
B. Provide a business environment that is safe and comfortable, and natural surveillance of public spaces, or
Ñeyes on the street,Ò for crime prevention and security;
C. Reduce dependency on the automobile for short trips, thereby conserving energy and reducing unwanted
congestion;
D. Support resource conservation and reusable energy generation, through solar, wind, and other renewable
energy sources; and
E. Require high quality development that makes a positive contribution to the streetscape and maintains a
sense of place that is distinctly Ashland.
City of Ashland 4-6 Module
3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
3.2 Ï Building Orientation and Design | Purpose
18-4.2.020 Applicability
Chapter 18-4.2 applies residential, commercial, and manufacturing developments that are subject to chapter 18-
5.2 Site Design Review. Note that some standards apply differently to developments located within Detailed
Design Review, Downtown Design Review, and Historic Design Review overlays.
City of Ashland 4-7 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Residential Development
18-4.2.030 Residential Development
Section 18-4.2.030 carries forward the existing Site Design and Use Standards for Multi-Family
Comment:
Residential Development (pp 13 -16).
A. Applicability.The following requirements apply to residential developments, except detached single-family
dwellings are exempt.
B. Building Orientation. Residential buildings that are subject to the provisions of this chapter shall conform
to all of the following standards:
1. Building Orientation to Street.Dwelling units shall have their primary orientation toward a street.
Where residential buildings are located within twenty (20) feet of a street, they shall have a primary
entrance opening toward the street and connected to the right-of-way via an approved walkway.
2. Limitation on Parking Between Primary Entrance and Street.Automobile circulation or off-
street parking is not allowed between the building and the street. Parking areas shall be located behind
buildings, or on one or both sides.
Item 3 is an update for consistency with code sections requiring a maximum setback (e.g.,
Comment:
North Mountain).
3. Build-to Line.Where a new building is proposed in a zone that requires a build-to line or maximum
front setback yard, except as otherwise required for clear vision at intersections, the building shall
comply with the build-to line standard.
Item C subsections 1 and 2 are currently included in the code – garages accessed from the
Comment:
front property line are required to have a 20’ setback, and the street standards require properties
adjacent to an alley to use the alley for vehicular access.
C. Garages. The following standards apply to garages, carports, canopies, and other permanent and temporary
structures used for parking or storing vehicles. The standards are intended to balance residentsÔ desire for a
convenient, safe, and private vehicle access to their homes with the public interest in maintaining safe and
aesthetically pleasing streetscapes. The standards therefore promote pedestrian safety and visibility of public
ways, while addressing aesthetic concerns associated with street-facing garages. For the purpose of this
subsection, a garage opening is considered to be facing a street where the opening is parallel to or within 45
degrees of the street right-of-way line.
1. Alleys and Shared Drives.Where a lot abuts a rear or side alley, or a shared driveway, including flag
drives, the garage or carport opening(s) for that dwelling shall orient to the alley or shared drive, as
applicable, and not a street.
2. Setback for Garage Opening Facing Street.The minimum setback for a garage (or carport)
City of Ashland 4-8 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Residential Development
opening facing a street is twenty (20) feet; this provision does not apply to alleys.
Item 3 is new. Similar to C.1 and 2 above, the requirement promotes walkable street
Comment:
frontages, which is consistent with the purpose in 18-4.2.010. The language is based on the Oregon
Model Code.
3. Width of Garage Openings Facing Street. Where a building contains one or more garage (or
carport) openings facing a street, the total width of all such openings shall not exceed fifty (50) percent
of the width of the building; except this standard does not apply where the garage opening is recessed
behind the front elevation of the dwelling by not less than six (6) feet for its entire width.
D. Building Materials. Building materials and paint colors should be compatible with the surrounding area.
Very bright primary or neon-type paint colors which attract attention to the building or use are
unacceptable.
E. Streetscape. One street tree chosen from the street tree list shall be placed for each thirty (30) feet of
frontage for that portion of the development fronting the street. See Section 18-4.4.030.F.
F. Landscaping. Landscaping shall be provided, pursuant to Chapter 18-4.4.
G. Open Space. Residential developments that are subject to the provisions of this chapter shall conform to
all of the following standards:
1. Recreation Area. An area equal to at least 8% of the lot area shall be dedicated to open space for
recreational use by the tenants of the development.
2. Surfacing. Areas covered by shrubs, bark mulch and other ground covers which do not provide
suitable surface for human use may not be counted towards this requirement.
3. Decks and Patios.Decks, patios and similar areas are eligible for open space.
4. Play Areas. Play areas for children are required for projects of greater than 20 units that are designed
to include families. Play areas are eligible for open space.
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City of Ashland 4-9 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Non-Residential Development
18-4.2.040 Non-Residential Development
Section 18-4.2.040 carries forward the existing Site Design and Use Standards for Commercial,
Comment:
Employment, and Industrial development (pp17-28).
A. Basic Site Review Standards. Development in all commercial and employment zones shall conform to all
of the following development standards:
1. Orientation and Scale.
a. Buildings shall have their primary orientation toward the street and not a parking area. Automobile
circulation or off-street parking is not allowed between the building and the street. Parking areas
shall be located behind buildings, or on one or both sides.
b. Building entrances shall be oriented toward the street and shall be accessed from a public sidewalk.
The entrance shall be designed to be clearly visible, functional, and shall be open to the public during
all business hours.
c. Building entrances shall be located within twenty (20) 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, such as shopping centers, where other buildings meet this standard.
d. Where a building is located on a corner lot, its entrance shall be oriented toward the higher order
street or to the lot corner at the intersection of the streets. The building 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. The standards in a-d, above, may be waived if the building is not accessed by pedestrians, such as
warehouses and industrial buildings without attached offices, and automotive service stations.
2. Streetscape.One street tree chosen from the street tree list shall be placed for each thirty (30) feet of
frontage for that portion of the development fronting the street. See Section 18-4.4.030.F.
3. Landscaping.Landscaping shall be provided, pursuant to Chapter 18-4.4.
4. Designated Creek Protection. Where a project is proposed adjacent to a designated creek protection
area, the project shall incorporate the creek into the design while maintaining required setbacks and
buffering, and complying water quality protection standards. The developer shall plant native riparian
plants in and adjacent to the creek protection zone.
5. Noise and Glare. Artificial lighting shall be arranged and constructed so there is no direct illumination
onto adjacent residential properties or streets
. Compliance with AMC 9.08.170.c and 9.08.175 related to
noise is required.
6. Expansion of Existing Sites and Buildings. For sites that do not conform to the standards of Section 18-
4.2.040, an equal percentage of the site must be made to comply with the standards of this section as
the percentage of building expansion. For example, if a building area is expanded by twenty-five (25)
City of Ashland 4-10 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Non-Residential Development
percent, then twenty-five (25) percent of the site must be brought up to the standards required by this
document.
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City of Ashland 4-11 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Detailed Site Review
B. Detailed Site Review Standards.Development that is within the Detail Site Review zone shall, in
addition to the complying with the standards for Basic Site Review, conform to the following standards:
1. Orientation and Scale.
a. Developments shall have a minimum Floor Area Ratio (FAR) of 0.50. 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.
b. Building frontages greater than 100 feet in length shall have offsets, jogs, or have other distinctive
changes in the building façade.
c. Any wall that is within thirty (30) feet of the street, plaza or other public open space shall contain at
least twenty (20) percent of the wall area facing the street in display areas, windows, or doorways.
Windows must allow view into working areas or lobbies, pedestrian entrances or displays areas.
Blank walls within thirty (30) feet of the street are prohibited. Up to forty (40) percent of the length
of the building perimeter can be exempted for this standard if oriented toward loading or service
areas.
d. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to
entrances.
e. Infill or buildings, adjacent to public sidewalks, in existing parking lots is encouraged and desirable.
f. Buildings shall incorporate arcades, roofs, alcoves, porticoes, and awnings that protect pedestrians
from the rain and sun.
2. Streetscape.
a. Hardscape (paving material) shall be utilized to designate ÑpeopleÒ areas. Sample materials could be
unit masonry, scored and colored concrete, grasscrete, or combinations of the above.
b. A building shall be setback not more than 5 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.
This standard shall apply to both street frontages on corner lots. If more than one structure is
proposed for a site, at least sixty-five (65) percent of the aggregate building frontage shall be within
five (5) feet of the sidewalk.
3. Buffering and Screening.
a. Landscape buffers and screening shall be located between incompatible uses on an adjacent lot.
Those buffers can consist or either plant material or building materials and must be compatible with
proposed buildings.
b. Parking lots shall be buffered from the main street, cross streets and screened from residentially
zoned land.
4. Building Materials.
a. Buildings shall include changes in relief such as cornices, bases, fenestration, fluted masonry, for at
City of Ashland 4-12 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Detailed Site Review
least fifteen (15) percent of the exterior wall area.
b. Bright or neon paint colors used extensively to attract attention to the building or use are
prohibited. Buildings may not incorporate glass as a majority of the building skin.
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City of Ashland 4-13 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Large-Scale Projects
C. Additional Standards for Large Scale Projects. Developments involving a gross floor area in excess of
10,000 sq. ft. or a building frontage in excess of 100 feet in length, and located within the Detail Site Review
Zone shall, in addition to complying with the standards for Basic and Detail Site review, conform to the
following standards:
1. Orientation and Scale.
a. Developments shall 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.
b. Outside of the Downtown Design Standards Zone, new buildings or expansions of existing buildings
in the Detail Site Review Zone shall conform to the following standards:
i. Buildings sharing a common wall or having walls touching at or above grade shall be considered
as one building.
ii. Buildings shall not exceed a building footprint area of 45,000 square feet as measured outside of
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.
iii. 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. For the purpose of this section, basement means any
floor level below the first story in a building. First story shall have the same meaning as provided
in the building code.
iv. Buildings shall not exceed a combined contiguous building length of 300 feet.
c. Inside the Downtown Design Standards Zone, new buildings or expansions of existing buildings shall
not exceed a building footprint area of 45,000 square feet or a gross floor area of 45,000 square
feet, including roof top parking, with the following exception:
Automobile parking areas locate within the building footprint and in the basement shall not count
toward the total gross floor area. For the purpose of this section, basement means any floor level
below the first story in a building. First story shall have the same meaning as provided in the building
code.
d. Buildings not connected by a common wall shall be separated by a distance equal to the height of the
tallest building. If buildings are more than 240 feet in length, the separation shall be 60 feet.
City of Ashland 4-14 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Large-Scale Projects
2. Public Spaces.
a. One (1) square foot of plaza or public space shall be required for every ten (10) square feet of gross
floor area.
b. A plaza or public spaces shall incorporate at least four (4) of the following elements:
c. Sitting Space Ï at least one sitting space for each 500 square feet shall be included in the plaza.
Seating shall be a minimum of 16 inches in height and 30 inches in width. Ledge benches shall have a
minimum depth of 30 inches.
d. A mixture of areas that provide both sunlight & shade.
e. Protection from wind by screens and buildings.
f. Trees Ï provided in proportion to the space at a minimum of 1 tree per 500 square feet, at least 2
inches in diameter at breast height.
g. Water features or public art.
h. Outdoor eating areas or food vendors.
3. Transit Amenities. Transit amenities, bus shelters, pullouts, and designated bike lanes shall be required in
accordance with the CityÔs Transportation Plan and guidelines established by the Rogue Valley
Transportation District.
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City of Ashland 4-15 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Historic District Development
18-4.2.050 Historic District Development
Section 18-4.2.050 carries forward the existing Section C. Historic District Development
Comment:
standards contained in Section IV of the Site Design and Use Standards (pp 42-47).
Section B. Rehabilitation Standards for Existing Buildings and Additions from p41 of the Site Design and
Use Standards will be included in this section in the next draft.
In addition to the standards of Part 18-4, the Planning Commission and Historic Commission use the following
standards for new construction, restoration and rehabilitation of existing structures within the Historic District.
For projects located at the boundary between zoning districts or overlays, appropriate adjustments to building
form, massing, height, scale, placement or architectural and material treatment may be considered to address
compatibility with the transitional area while not losing sight of the underlying standards or requirements
applicable to the subject property.
A. Height
RECOMMENDED AVOID
Construct new buildings to a height within the New construction that varies in height
range of historic building heights on and across (too high or too low) from historic
the street. buildings in the vicinity.
City of Ashland 4-16 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Historic District Development
B. Scale
RECOMMENDED AVOID
Height, width and massing of new buildings Height, idth or massing of new buildings
w
conform with historic buildings in the immediate that is out of scale with historic buildings
vicinity. in the vicinity.
C. Massing
RECOMMENDED AVOID
Small, varied masses consistent with historic Single, monolithic forms that are not
buildings in the immediate vicinity.
relieved by variations in massing.
City of Ashland 4-17 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Historic District Development
D. Setback
RECOMMENDED AVOID
Front walls of new buildings are in the same lane Front walls that are constructed forward
as facades of adjacent historic buildings. of or behind setback line of adjacent
historic buildings.
E. Roof
RECOMMENDED AVOID
Roof shape, pitches and materials consistent Roof shapes, pitches, or materials not
with historic buildings in the immediate vicinity. historically used in the immediate vicinity.
City of Ashland 4-18 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Historic District Development
F. Rhythm of Openings
RECOMMENDED AVOID
Pattern or rhythm of wall to door/window pattern or rhythm of window/door
A
openings on the primary façade or other visually openings that is inconsistent with adjacent
prominent elevation is maintained. Maintain historic buildings.
compatible width-to-height ratio of bays in the
façade.
G. Base or Platforms
RECOMMENDED AVOID
A clearly defined base, or platform characteristic alls that appear to rise straight out of
W
of historic buildings in the immediate vicinity. the ground without a distinct platform or
base at the ground level.
City of Ashland 4-19 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Historic District Development
H. Form
RECOMMENDED AVOID
Form (vertical/horizontal emphasis of building) Form that varies from that of existing
that is consistent with that of adjacent historic adjacent historic buildings.
buildings.
I. Entrances
RECOMMENDED AVOID
Well-defined primary entrances with covered Façadesith minimally defined primary
W
porches, porticos, and other architectural entrances.
features compatible but not imitative of historic
counterparts.
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Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Historic District Development
J. Imitation of Historic Features
RECOMMENDED AVOID
Accurate restoration of original architectural Replicating or imitating the styles, motifs,
features on historic buildings. New or details of historic buildings.
construction, including additions, that is clearly
contemporary in design which enhances but
does not compete visually with adjacent historic
buildings.
K. Additions
RECOMMENDED AVOID
Additions that are visually unobtrusive from a dditions on the primary façade or any
A
public right-of-way, and do not obscure or elevation that is visually prominent from a
eliminate character defining features of historic public right-of-way, and additions that
buildings. obscure or destroy character defining
features.
City of Ashland 4-21 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Historic District Development
L. Garage Placement
RECOMMENDED AVOID
Garage placed behind the primary historic Garage placed beside or in front of the
building with access from a side street or alley if primary historic building.
available.
City of Ashland 4-22 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
18-4.2.060 Downtown Ashland
Section 18-4.2.060 carries forward the Downtown Ashland standards, Section VI of the Site
Comment:
Design and Use Standards (pp 50-59).
A. Purpose and Intent. Chapter 18-4.2.060 implements the City of Ashland Downtown Plan. The purpose of
the Downtown Design Standards is to respect the areas unique heritage and to enhance the appearance and
livability of the area as it develops and changes. The design standards contained in this section are based on
the Downtown Plan; where the intent of this section is unclear, the reviewing authority shall refer to the
Downtown Plan in interpreting the ordinance.
Based upon common features found in the downtown, the standards provide a foundation for prospective
applicants, citizens, and community decision makers to direct change in a positive and tangible way. It is not
the intent of the Design Standards to freeze time and halt progress or restrict an individual property
owner's creativity, but rather to guide new and remodeled proposals to be in context with their historic
surroundings. Personal choice should be and can be expressed within the framework of the standards.
While many communities across America are attempting to ÑcreateÒ or Ñre-createÒ an urban downtown of
their own, the Downtown Design Standards are attempt to preserve what Ashland already has; a Ñmain
streetÔ historical district with diverse individual buildings that collectively create an organized, coordinated
and ageless rhythm of buildings. As a collective group, the downtown can retain its Ñsense of place,Ò its
economic base, its history and its citizenÔs vision.
B. Applicability.
1. Chapter 18-4.2.060 applies to all development within the Downtown Design District.
2. Through Site Design Review, the applicant must demonstrate the proposal meets all of the standards
contained in subsection 18-4.2.060.C, below.
3. Where a property is located in both the Downtown Design District and Ashland Historic District,
conformance with both section 18-4.2.060 and section 18-4.2.050 is required.
City of Ashland 4-23 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
Figure 18-4.2.010.B Downtown Design District
City of Ashland 4-24 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
C. Downtown Design Standards.
1. Height. Building height shall vary from adjacent buildings, using either ÑsteppedÒ parapets or slightly
dissimilar overall height to maintain the traditional ÑstaggeredÒ streetscape appearance. An exception to
this standard would be buildings that have a distinctive vertical division/faade treatment that ÑvisuallyÒ
separates it from adjacent buildings. (Illustration: Recommend 1, 5 & 10; Avoid 3) Multi-story
development is encouraged in the downtown. (Illustration: Recommend 1, 5, 6 & 10).
2. Setback.
a. Except for arcades, alcoves and other recessed features, building shall maintain a zero setback from
the sidewalk or property line (Illustration: Recommend 2, 5, 6 & 10). Areas having public utility
easements or similar restricting conditions shall be exempt from this standard.
b. Ground level entries are encouraged to be recessed from the public right-of-way to create a Ñsense
of entryÒ through design or use of materials (Illustration: Recommend 2, 5, 6 & 10; Avoid 3).
c. Recessed or projecting balconies, verandas or other useable space above the ground level on
existing and new buildings shall not be incorporated in a street facing elevation (Illustration: Avoid 4
& 7).
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Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
3. Width
a. The width of a building shall be extended from side lot line to side lot line (Illustration: Recommend
5). An exception to this standard would be an area specifically designed as plaza space, courtyard
space, dining space or rear access for pedestrian walkways.
b. Lots greater than 80Ô in width shall respect the traditional width of buildings in the downtown area
by incorporating a rhythmic division of the façade in the buildingÔs design (Illustration: Recommend 5
& 10; Avoid 3).
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Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
4. Openings
a. Ground level elevations facing a street shall maintain a consistent proportion of transparency (i.e.,
windows) compatible with the pattern found in the downtown area (Illustration: Recommend 1, 5, 6
& 10).
b. Scale and proportion of altered or added building elements, such as the size and relationship of new
windows, doors, entrances, column and other building features shall be visually compatible with the
original architectural character of the building (Illustration: Recommend 5 & 6; Avoid 4 & 9).
c. Upper floor windows orientation shall primarily be vertical (height greater than width) (Illustration:
Recommend 1, 5 & 6; Avoid 8).
d. Except for transom windows, windows shall not break the front plane of the building (Illustration:
Recommend 5).
e. Ground level entry doors shall be primarily transparent (Illustration: Recommend 10; Avoid 4).
f. Windows and other features of interest to pedestrians such as decorative columns or decorative
corbelling shall be provided adjacent to the sidewalk (Illustration: Recommend 1 & 5; Avoid 4 & 7).
Blank walls adjacent to a public sidewalk are prohibited.
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Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
5. Horizontal Rhythms
a. Prominent horizontal lines at similar levels along the streetÔs street front shall be maintained
(Illustration: Recommend 1, 5, 6 & 10; Avoid 4 & 8).
b. A clear visual division shall be maintained between ground level floor and upper floors (Illustration:
Recommend 1, 5, 6 & 10).
c. Buildings shall provide a foundation or base, typically from ground to the bottom of the lower window
sills, with changes in volume or material, in order to give the building a Ñsense of strengthÔ (Illustration:
Recommend 1, 5 & 10; Avoid 4 & 8).
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Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
6. Vertical Rhythms
a. New construction or storefront remodels shall reflect a vertical orientation, either through actual
volumes or the use of surface details to divide large walls, so as to reflect the underlying historic
property lines (Illustration: Recommend 5 & 6; Avoid 3).
b. Storefront remodeling or upper story additions shall reflect the traditional structural system of the
volume by matching the spacing and rhythm of historic openings and surface detailing (Illustration:
Recommend 6; Avoid 4 & 9).
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Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
7. Roof Forms. Sloped or residential style roof forms are discourage in the downtown area unless visually
screened from the right-of-way by either a parapet or a false front. The false front shall incorporate and
well defined cornice line or ÑcapÒ along all primary elevations (Illustration: Recommend 1, 5 & 10; Avoid
7).
8. Materials
a. Exterior building materials shall consist of traditional building materials found in the downtown area
including block, brick, painted wood, smooth stucco, or natural stone (Illustration: Avoid 4 & 9).
b. In order to add visual interest, buildings are encouraged to incorporate complex ÑpaneledÒ exteriors
with columns, framed bays, transoms and windows to create multiple surface levels (Illustration:
Recommend 1, 5 & 10; Avoid 7, 8 & 9).
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Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
9. Awnings, Marquees or Similar Pedestrian Shelters
a. Awnings, marquee or similar pedestrian shelters shall be proportionate to the building and shall not
obscure the buildingÔs architectural details. If mezzanine or transom windows exist, awning
placement shall be placed below the mezzanine or transom windows where feasible (Illustration:
Recommend 1, 5, 6 & 10; Avoid 4 & 9).
b. Except for marquees Ï similar pedestrian shelters such as awnings shall be placed between pilasters
(Illustration: Recommend 1 & 5; Avoid 9).
c. Storefronts with prominent horizontal lines at similar levels along the streetÔs storefront shall be
maintained by their respective sidewalk coverings (Illustration: Recommend 5; Avoid 8).
10. Other
a. Non-street or alley facing elevations are less significant than street facing elevations. Rear and
sidewalls of buildings should therefore be fairly simple, e.g., wood, block, brick, stucco, cast stone,
masonry clad, with or without windows.
b. Visual integrity of the original building shall be maintained when altering or adding building elements.
This shall include such features as the vertical lines of columns, piers, the horizontal definition of
spandrels and cornices, and other primary structural and decorative elements (Illustration:
Recommend 6; Avoid 4 & 9).
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Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
c. Restoration, rehabilitation or remodeling projects shall incorporate, whenever possible, original
design elements that were previously removed, remodeled or covered over (Illustration:
Recommend 6; Avoid 4 & 9).
d. Parking lots adjacent to the pedestrian path are prohibited (Refer to Site Design and Use Standards,
Section II-D, for Parking Lot Landscaping and Screening Standards). An exception to this standard
would be paths required for handicapped accessibility.
e. Pedestrian amenities such as broad sidewalks, surface details on sidewalks, arcades, alcoves,
colonnades, porticoes, awnings, and sidewalk seating shall be provided where possible and feasible.
f. Uses that are exclusively automotive such as service stations, drive-up windows, auto sales, and tire
stores are discouraged in the downtown. The City shall use its discretionary powers, such as
Conditional Use Permits, to deny new uses, although improvements to existing facilities may be
permitted.
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Land Use Ordinance
18-4.2 Ï Building Placement, Orientation and Design | Downtown Ashland
The following exception is revised for consistency with the exception procedure in 18-4.1.030.
Comment:
11. Exception to Standards. An exception to the Downtown Design Standards may be granted pursuant to
section 18-4.1.030.
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Land Use Ordinance
3.3 Ï Access and Circulation | Purpose
Chapter 18-4.3 Ï Parking, Access, and Circulation
Sections:
18-4.3.010 Purpose
18-4.3.020 Applicability
18-4.3.030 General Automobile Parking Requirements and Exceptions
18-4.3.040 Parking Ratios
18-4.3.050 Disabled Person Parking Places
18-4.3.060 Parking Management Strategies
18-4.3.070 Bicycle Parking
18-4.3.080 Vehicle Area Design
18-4.3.090 Pedestrian Access and Circulation
18-4.3.100 Construction
18-4.3.110 Availability of Facilities
This chapter carries forward Chapter 18.92 Parking, Access and Circulation with edits for
Comment:
clarity. The standards are largely the same except for changes identified by comment boxes.
18-4.3.010 Purpose
Chapter 18-4.3 contains requirements for automobile and bicycle parking, and vehicular and pedestrian access,
circulation and connectivity. The purpose is to provide safe and effective access and circulation for pedestrians,
bicyclists and vehicles. For transportation improvement requirements, refer to Section 18-4.6.030.
18-4.3.020 Applicability
A. The requirements of this chapter apply to parking, access and circulation facilities in all zones, except those
specifically exempted, whenever any building is erected or enlarged, parking, access or circulation is
expanded or reconfigured, or the use is changed.
B. The City may require a study prepared by a qualified professional to determine offsets in parking demand,
access, circulation and other transportation impacts, pursuant to this section.
Subsection ‘C’ is the current 18.92.110 Alterations and Enlargements.
Comment:
C. All required parking, access and circulation facilities shall be constructed when an existing building or
dwelling is altered or enlarged when a use is intensified by the addition of floor space, seating capacity, or
change in use, or by the addition or creation of guest rooms or dwelling units.
D. Variances and Exceptions. Requests to depart from the requirements of this chapter are subject to Chapter
18-5.5 Adjustments and Variances, except that deviations from the standards in Section 18-4.3.090
Pedestrian Access and Circulation are subject to 18-5.2.050.D Exception to the Site Design and
Development Standards.
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Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Automobile Parking
18-4.3.030 General Automobile Parking Requirements and Exceptions
This section carries forward and updates 18.92.030 Automobile Parking Spaces Required. The
Comment:
list of parking ratios will be reformatted as a table after the Planning Commission review. It also adds an
option for adjusting minimum parking ratios through a discretionary process called “Parking Demand
Analysis.” This option is suggested because the Parking Management Strategies in 18-4.3.060 may not
address every situation where a parking reduction is warranted. For example, this option would be
useful where occupants of some types of housing do not drive.
A. Minimum Number of Off-Street Automobile Parking Spaces.Off-street parking shall be provided
pursuant one of the following three methods and shall include required Disabled Person Parking:
1. Standard Ratios for Automobile Parking. The standards in Table 18-4.3.040; or
2. Unspecified Use. Where automobile parking requirements for any use are not specifically listed in Table
18-4.3.040, such requirements shall be determined by the Staff Advisor based upon the most
comparable use specified in this section, and other available data; or
3. Parking Demand Analysis. The applicant may propose a parking standard that is different than the
standards under subsection 1 and 2, above, for review and action by the city reviewing authority
through a \[Type I / Type II\] procedure, as applicable. The applicantÔs proposal shall consist of a written
request, and a parking analysis prepared by a qualified professional. The parking analysis, at a minimum,
shall assess the average parking demand and available supply for existing and proposed uses on the
subject site; opportunities for shared parking with other uses in the vicinity; existing public parking in the
vicinity; transportation options existing or planned near the site, such as frequent bus service, carpools,
or private shuttles; and other relevant factors. The Parking Demand Analysis option may be used in
conjunction with, or independent of, the options provided under section 18-4.3.060 Parking
Management Strategies.
B. Maximum Number of Off-Street Automobile Parking Spaces. The number of spaces provided by
any particular use in ground surface lots shall not exceed the number of spaces required by this chapter by
more than ten (10) percent. Spaces provided on-street, or within the building footprint of structures, such
as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, shall
not apply towards the maximum number of allowable spaces.
Section C is carried forward from the current 18.32.050.A. Section D is carried forward from
Comment:
the current 18.30.030.B.
C. Downtown Overlay District. All uses within the Downtown Overlay District, except for hotel, motel,
and hostel uses, are exempt from the off-street parking requirements of this section.
D. North Mountain Plan District.Within the Neighborhood Central Overlay of the North Mountain (NM)
Plan District, all uses are exempt from the off-street parking requirements of this section, except that
residential uses are required to provide a minimum of one (1) parking space per residential unit.
Item ‘E’ is carried forward from 18.92.070 Variance for Commercial Buildings in the Historic
Comment:
District, and edited for consistency with the adjustment and variance procedures in 18-5.
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3.3 Ï Parking, Access, and Circulation | Automobile Parking
E. Adjustment of Parking Standard for Commercial Buildings in the Historic District. In order to
preserve existing structures within the Ashland Historic District while permitting the redevelopment of
property to its highest commercial use, the Staff Advisor, through a Type I procedure and pursuant to
section 18-5.5.020, may grant an adjustment to the parking standards of section 18-4.3.040 by up to fifty (50)
percent for commercial uses within the Ashland Historic District. The intent of this provision is to provide
as much off-street parking as practical while preserving existing structures and allowing them to develop to
their full commercial potential. The City, through this ordinance provision, finds that reuse of the building
stock within the Ashland Historic District is an exceptional circumstance and an unusual hardship for the
purposes of granting a variance.
18-4.3.040 Parking Ratios
The following carries forward 18.92.030 Automobile Parking Spaces Required. The list of
Comment:
parking ratios will be reformatted as a table in the next draft.
Except as provided by section 18-4.3.030, the standard ratios required for automobile parking are as follows:
A. Residential Uses. For residential uses the following automobile parking spaces are required.
1. Single family dwellings.
Two (2) spaces for the primary dwelling unit and the following for accessory residential units:
a. Studio units or 1-bedroom units less than 500 sq. ft. -- 1 space/unit.
b. 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit.
c. 2-bedroom units --1.75 spaces/unit.
d. 3-bedroom or greater units -- 2.00 spaces/unit.
2. Multi-family dwellings.
a. Studio units or 1-bedroom units less than 500 sq. ft. -- 1 space/unit.
b. 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit.
c. 2-bedroom units -- 1.75 spaces/unit.
d. 3-bedroom or greater units -- 2.00 spaces/unit.
e. Retirement complexes for seniors 55-years or greater -- One space per unit.
3. Clubs, fraternity and sorority houses, rooming and boarding houses, dormitories. Two (2) spaces for
each three guest rooms; in dormitories, 100 square feet shall be equivalent to a guest room.
4. Hotels and motels. One (1) space for each guest room, plus one space for the owner or manager.
5. Manufactured housing developments. Parking requirements are as established in section 18-2.3.170 and
18-2.3.180.
6. Performance Standards Developments. Parking requirements are as established in chapter 18-3.8.
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18-4.3 Ï Parking, Access, and Circulation | Automobile Parking
B. Commercial Uses. For commercial uses the following automobile parking spaces are required.
1. Auto, boat or trailer sales, retail nurseries and other open-space uses. One (1) space per 1,000 square
feet of the first 10,000 square feet of gross land area; plus one (1) space per 5,000 square feet for the
excess over 10,000 square feet of gross land area; and one (1) space per two (2) employees.
Three (3) spaces per alley, plus one (1) space for auxiliary activities set forth in this
2. Bowling Alleys.
section.
3. Business, general retail, person services. General - one (1) space for 350 square feet of gross floor area.
Furniture and appliances Ï one (1) space per 750 square feet of gross floor area.
4. Chapels and mortuaries. One (1) space per four fixed seats in the main chapel.
5. Offices. Medical and dental Ï one (1) space per 350 square feet of gross floor area. General - one (1)
space per 500 square feet of gross floor area.
6. Restaurants, bars, ice cream parlors and similar uses. One (1) space per four seats or one (1) space per
100 square feet of gross leasable floor area, whichever is less.
7. Skating rinks. One (1) space per 350 square feet of gross building area.
8. Theaters, auditoriums, stadiums, gymnasiums and similar uses. One (1) space per four (4) seats.
C. Industrial Uses. For industrial uses the following automobile parking spaces are required.
1. Industrial and Warehousing uses. One (1) space per 1,000 square feet of gross floor area or for each
two (2) employees, whichever is less, plus one (1) space per company vehicle.
2. Public utilities (gas, water, telephone, etc.), not including business offices. One (1) space per two (2)
employees on the largest shift, plus one (1) space per company vehicle; a minimum of two (2) spaces is
required.
D. Institutional and Public Uses. For institutional and public uses the following automobile parking spaces
are required.
1. Child care centers having 13 or more children. One (1) space per two (2) employees; a minimum of two
(2) spaces is required.
2. Churches. One (1) space per four (4) seats.
3. Golf courses, except miniature. Eight (8) spaces per hole, plus additional spaces for auxiliary uses set
forth in this section. Miniature golf courses four (4) spaces per hole.
4. Hospitals. Two (2) spaces per patient bed.
5. Nursing and convalescent homes. One (1) space per three (3) patient beds.
6. Rest homes, homes for the aged, or assisted living. One (1) space per two (2) patient beds or one space
per apartment unit.
7. Schools, elementary and junior high. One and one-half (1-1/2) space per classroom, or the requirements
for public assembly areas as set forth herein, whichever is greater.
One and one-half (1-1/2) spaces per classroom, plus one (1) space per ten (10) students
8. High schools.
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3.3 Ï Parking, Access, and Circulation | Automobile Parking
the school is designed to accommodate, or the requirements for public assembly as set forth herein,
whichever is greater.
9. Colleges, universities and trade schools. One and one-half spaces per classroom, plus one space per five
students the school is designed to accommodate, plus requirements for on-campus student housing.
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Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Automobile Parking
18-4.3.050 Disabled Person Parking Places
This section carries forward 18.92.040 Disable Person Parking Places.
Comment:
A. The total number of disabled person parking spaces shall comply with the following:
Required Minimum Number
Total in Parking Lot
of Accessible Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 1505
151 to 2006
201 to 3007
301 to 4008
401 to 5009
One in every eight (8) accessible spaces, but not less than one (1) space, must be van accessible. A van
B.
accessible parking space is required to be at least nine feet wide and have an adjacent access aisle that is at
least eight feet wide. Required Disabled Person Parking spaces shall be designed in accord with all
requirements of the State of Oregon, including minimum widths, adjacent aisles, and permanent markings.
Disabled Person Parking space designs are included at the end of this chapter.
18-4.3.060 Parking Management Strategies
This section carries forward 18.92.050 Parking Management Strategies. Currently, the code
Comment:
allows up to a cumulative 50% reduction of the required parking on site. The code has been revised to
allow a 100% reduction in required parking on site for joint or shared facilities – another words, if a
surface parking area or structure is built that serves several buildings, this type of facility could
accommodate the required parking for all of the buildings.
The off-street parking spaces may be reduced through the application of the following credits. The maximum
reduction in off-street parking spaces is 50%, except for Joint Use of Facilities and Shared Parking credits
described below. The applicantÔs proposal shall consist of a written request, and the city reviewing authority may
require a parking analysis prepared by a qualified professional. See section18-4.3.030.A.3 for parking analysis
requirements.
A. On-Street Parking Credit. The quantity of off-street parking spaces required is automatically reduced by
the following credit: one (1) off-street parking space credit for every one (1) on-street parking space
meeting the applicable standards of subsections 1-3, below. A reduction of up to fifty (50) percent of the
required off-street parking spaces is allowed.
1. Dimensions. On-street parking shall follow the established configuration of existing on-street parking,
except that 45-degree diagonal parking may be allowed with the approval of the Public Works Director,
taking into account traffic flows and street design, with the parking spaces designed in accord with the
standards on file with the Public Works Department.
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3.3 Ï Parking, Access, and Circulation | Automobile Parking
a. Parallel parking, each twenty-two (22) feet of uninterrupted curb.
b. 45-degree diagonal, each twelve (12) feet of uninterrupted curb.
2. Location
a. Curb space must be contiguous to the lot containing the use that requires the parking.
b. Parking spaces may not be counted that are within twenty (20) feet measured along the curb of any
corner or intersection of an alley or street, nor any other parking configuration that violates any law
or standard of the City or State.
c. Parking spaces located on arterials and collectors may only receive credit if the arterial or collector
is greater in width than the minimums established by the Street Standards in Chapter 18-3.8
Performance Standards Option.
d. Parking spaces may not be counted that are within 200 feet of a C-1-D or SOU zone.
3. Availability. On-street parking spaces credited for a specific use shall not be used exclusively by that use,
but shall be available for general public use at all times. No signage or actions limiting general public use
of on-street spaces shall be permitted.
B. Alternative Vehicle Parking. Alternative vehicle parking facilities may reduce the required off-street
parking spaces up to twenty-five (25) percent, as follows:
1. Motorcycle or scooter parking. One (1) off-street parking space credit for four (4) motorcycle or
scooter parking spaces.
2. Bicycle parking. One (1) off-street parking space credit for five (5) additional, non-required bicycle
parking spaces.
C. Mixed Uses. In the event that several users occupy a single structure or parcel of land, the total
requirements for off-street automobile parking shall be the sum of the requirements for the several uses
computed separately unless it can be shown that the peak parking demands are offset, in which case the
mixed-use credit shall reduce the off-street parking requirement by a percentage equal to the reduced
parking demand. A reduction of up to fifty (50) percent of the required off-street parking spaces is allowed.
D. Joint Use of Facilities. Required parking facilities of two (2) or more uses, structures, or parcels of land
may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners
or operators that the need for the facilities does not materially overlap (e.g., uses primarily of a daytime vs.
nighttime nature) and provided that such right of joint use is evidenced by a deed, lease, contract, or similar
written instrument establishing such joint use. A reduction of up to one hundred (100) percent of the
required off-street parking spaces is allowed.
E. Shared Parking. One (1) off-street parking space credit for every one (1) parking space constructed in
designated off-site shared parking areas, or through payment of in-lieu-of-parking fees for a common parking.
A reduction of up to one hundred (100) percent of the required off-street parking spaces is allowed.
F. TDM Plan Credit. Through implementation of an individual Transportation Demand Management (TDM)
plan that demonstrates a reduction of long-term parking demand by a percentage equal to the credit
requested. A reduction of up to a fifty (50) percent reduction of the required off-street parking spaces.
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18-4.3 Ï Parking, Access, and Circulation | Automobile Parking
G. Transit Facilities Credit. Sites where at least twenty (20) spaces are required and where at least one (1)
lot line abuts a street with transit service may substitute transit-supportive plazas as follows. A reduction of
up to a fifty (50) percent reduction of the required off-street parking spaces.
1. Pedestrian and transit supportive plazas may be substituted for up to ten (10) percent of the required
parking spaces on-site.
2. A street with transit service shall have a minimum of 30-minute peak period transit service frequency.
3. Existing parking areas may be converted to take advantage of these provisions.
4. The plaza must be adjacent to and visible from the transit street. If there is a bus stop along the siteÔs
frontage, the plaza must be adjacent to the bus stop.
5. The plaza must be at least 300 square feet in area and be shaped so that a ten-foot by ten-foot (10Ô X
10Ô) square will fit entirely in the plaza.
6. The plaza must include all of the following elements:
a. A plaza that is open to the public. The owner must record a public access easement that allows
public access to the plaza;
b. A bench or other sitting area with at least five (5) linear feet of seating;
c. A shelter or other weather protection. The shelter must cover at least twenty (20) square feet and
the plaza must be landscaped. This landscaping is in addition to any other landscaping or screening
required for parking areas by this ordinance.
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18-4.3 Ï Parking, Access, and Circulation | Bicycle Parking
18-4.3.070 Bicycle Parking
The following provisions are carried forward from 18.92.060 Bicycle Parking and edited for
Comment:
clarity.
A. Applicability and Minimum Requirement. All uses, with the exception residential units with a garage
and uses in the C-1-D zone, are required to provide a minimum of two (2) sheltered bike parking spaces
pursuant to this section. The required bicycle parking shall be constructed when an existing residential
building or dwelling is altered or enlarged by the addition or creation of dwelling units, or when a non-
residential use is intensified by the addition of floor space, seating capacity, or change in use.
B. Calculation. Fractional spaces shall be rounded up to the next whole space.
C. Bicycle Parking for Residential Uses. Every residential use of two (2) or more dwelling units per
structure and not containing a garage for each dwelling shall provide bicycle parking spaces as follows:
1. Multi-Family Residential: One (1) sheltered space per studio unit or 1-bedroom unit; 1.5 sheltered
spaces per 2-bedroom unit; and 2.0 sheltered spaces per 3-bedroom unit.
2. Senior Housing: One (1) sheltered space per eight (8) dwelling units where 80% of the occupants are 55
or older.
Sections D and E include new language requiring a minimum of two bicycle parking spaces
Comment:
per use that is based on the Oregon Model Code. Staff recommends this addition because two spaces
are provided by the required u-rack bicycle rack because a bicycle fits on each side.
D. Bicycle Parking for Non-Residential Uses.Uses required to provide off street parking, except as
specifically noted, shall provide two spaces per primary use, or one (1) bicycle parking space for every five
(5) required automobile parking spaces, whichever is greater. Fifty (50) percent of the bicycle parking spaces
required shall be sheltered from the weather. All spaces shall be located in proximity to the uses they are
intended to serve.
E. Bicycle Parking for Parking Lots and Structures.All public parking lots and structures shall provide
two spaces per primary use, or one (1) bicycle parking space for every five (5) automobile parking spaces, of
which 50% shall be sheltered.
F. Primary and Secondary Schools.Elementary, Junior High, Middle and High Schools shall provide one (1)
sheltered bicycle parking space for every five (5) students.
G. Colleges, Universities, and Trade Schools.Colleges, universities, and trade schools shall provide one
(1) bicycle parking space for every five (5) required automobile parking spaces, of which 50% shall be
sheltered.
H. No Fee for Use.No bicycle parking spaces required by this standard shall be rented or leased, however, a
refundable deposit fee may be charged. This does not preclude a bike parking rental business.
I. Bicycle Parking Design Standards.
1. Bicycle parking shall be located so that it is visible to and conveniently accessed by cyclists, and
promotes security from theft and damage.
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18-4.3 Ï Parking, Access, and Circulation | Bicycle Parking
2. Bicycle parking requirements, pursuant to this Section, can be met in any of the following ways:
a. Providing bicycle racks or lockers outside the main building, , underneath an awning or marquee, or
in an accessory parking structure.
b. Providing a bicycle storage room, bicycle lockers, or racks inside the building. Providing
bicycle racks on the public right of way, subject to review and approval by the Staff Advisor.
3. All required exterior bicycle parking shall be located on-site and within fifty (50) feet of a regularly used
building entrance and not farther from the entrance than the closest motor vehicle parking space.
Bicycle parking shall have direct access to both the public right-of-way and to the main entrance of the
principal use. For facilities with multiple buildings, building entrances or parking lots (such as a college),
exterior bicycle parking shall be located in areas of greatest use and convenience for bicyclists.
4. Required bicycle parking spaces located out of doors shall be visible enough to provide security. Lighting
shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from
adjacent walkways or motor vehicle parking lots during all hours of use. Bicycle parking shall be at least
as well lit as automobile parking.
5. Paving and Surfacing. Outdoor bicycle parking facilities shall be surfaced in the same manner as the
automobile parking area or with a minimum of two inch thickness of hard surfacing (i.e., asphalt,
concrete, pavers, or similar material) and shall be relatively level. This surface will be maintained in a
smooth, durable, and well-drained condition6. Bicycle parking located outside the building shall provide
and maintain an aisle for bicycle maneuvering between each row of bicycle parking. Bicycle parking
including rack installations shall conform to the minimum clearance standards shown in the figures at the
end of this chapter.
6. A bicycle parking space located inside of a building for employee bike parking shall be a minimum of six
(3) feet long by three (3) feet wide by four (4) feet high, unless adequate room is provided to allow
configuration as indicated in the figure at the end of this chapter.
7. Each required bicycle parking space shall be accessible without moving another bicycle.
8. Areas set aside for required bicycle parking shall be clearly marked and reserved for bicycle parking
only.
9. Sheltered parking shall mean protected from all precipitation and must include the minimum protection
coverages shown in the figure at the end of this chapter.
10. Bicycle parking shall be located to minimize the possibility of accidental damage to either bicycles or
racks. Where needed, barriers shall be installed.
11. Bicycle parking shall not impede or create a hazard to pedestrians. They shall not be located so as to
violate vision clearance standards. Bicycle parking facilities should be harmonious with their environment
both in color and design. Facilities should be incorporated whenever possible into building design or
street furniture.
J. Bicycle Parking Rack Standards. The intent of the following standards is to ensure that required bicycle
racks are designed so that bicycles may be securely locked to them without undue inconvenience and will be
reasonably safeguarded from intentional or accidental damage.
City of Ashland 4-43 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Bicycle Parking
1. Bicycle parking racks shall consist of staple-design or inverted-u steel racks meeting the individual rack
specifications shown in the figure at the end of this chapter. The Staff Advisor, following review by the
Transportation Commission, may approve alternatives to the above standards. Alternatives shall
conform to all other applicable standards of this section.
Insert bike rack specifications.
Comment:
2. Commercial bike lockers are acceptable according to manufacturer's specifications.
3. Bicycle parking racks or lockers shall be anchored securely.
4. Bicycle racks shall hold bicycles securely by means of the frame. The frame shall be supported so that
the bicycle cannot be pushed or fall to one side in a manner that will damage the wheels. Bicycle racks
shall accommodate:
a. Locking the frame and both wheels to the rack with a high-security U-shaped shackle lock, if the
bicyclists removes the front wheel; and
b. Locking the frame and one wheel to the rack with a high-security U-shaped shackle lock, if the
bicyclists leaves both wheels on the bicycle; and
c. Locking the frame and both wheels to the rack with a chain or cable not longer than 6 feet without
removal of the front wheel.
Insert Graphics Page Here
City of Ashland 4-44 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Vehicle Area Design
18-4.3.080 Vehicle Area Design
This section carries forward 18.92.080 Parking, Access and Circulation Design Requirements.
Comment:
A. Parking Location
1. Except for single and two-family dwellings, required automobile parking facilities may be located on
another parcel of land, provided said parcel is within 200 feet of the use it is intended to serve. The
distance from the parking lot to the use shall be measured in walking distance from the nearest parking
space to an access to the building housing the use, along a sidewalk or other pedestrian path separated
from street traffic. Such right to use the off-site parking must be evidenced by a deed, lease, easement,
or similar written instrument establishing such use, for the duration of the use.
2. Except as allowed in the subsection below, automobile parking shall not be located in a required front
and side yard setback area abutting a public street, except alleys.
3. In all residential zones, off-street parking in a front yard for all vehicles, including trailers and
recreational vehicles is limited to a contiguous area no more than 25% of the area of the front yard, or
a contiguous area twenty-five (25) feet wide and the depth of the front yard, whichever is greater. Since
parking in violation of this section is occasional in nature, and is incidental to the primary use of the site,
no vested rights are deemed to exist and violations of this section are not subject to the protection of
the nonconforming use sections of this ordinance.
B. Parking Area Design. Required parking areas shall be designed in accordance with the following standards
and dimensions.
1. Parking spaces shall be a minimum of 9 x 18 feet.
2. Up to fifty (50) percent of the total automobile parking spaces in a parking lot may be designated for
compact cars. Minimum dimensions for compact spaces shall be 8 x 16 feet. Such spaces shall be signed
or the space painted with the words "Compact Car Only."
3. Parking spaces shall have a back-up maneuvering space not less than twenty-two (22) feet, except where
parking is angled, and which does not necessitate moving of other vehicles.
The highlighted language in section 4 is to provide more specificity for when walkways across
Comment:
parking areas required. This issue was discussed during the Pedestrian Places ordinance review.
4. Parking lots with fifty (50) spaces or more, and where pedestrians must traverse more than 100 feet of
parking area, as measured as an average width or depth, shall be divided into separate areas by: a
building or group of buildings; plazas landscape areas with walkways at least ten (10) feet in width;
streets; or driveways with street-like features. Street-like features, for the purpose of this section,
means a raised sidewalk of at least five (5) feet in width, 6-inch curb, accessible curb ramps, street trees
in planters or tree wells and pedestrian-oriented lighting.
5. Parking areas shall be designed to minimize the adverse environmental and microclimatic impacts of
surface parking through design and material selection. Parking areas of more than seven parking spaces
shall meet the following standards:
City of Ashland 4-45 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Vehicle Area Design
a. Use at least one of the following strategies for the surface parking area, or put fifty (50) percent of
parking underground.
i Use light colored paving materials with a high solar reflectance (Solar Reflective Index (SRI) of at
least 29) to reduce heat absorption for a minimum of fifty (50) percent of the parking area
surface.
ii. Provide porous solid surfacing or an open grid pavement system that is at least fifty (50) percent
pervious for a minimum of fifty (50) percent of the parking area surface.
iii. Provide at least fifty (50) percent shade from tree canopy over the parking area surface within
five (5) years of project occupancy.
iv. Provide at least fifty (50) percent shade from solar energy generating carports, canopies or
trellis structures over the parking area surface.
b. Design parking lots and other hard surface areas in a way that captures and treats runoff with
landscaped medians and swales.
Insert Graphics page here.
City of Ashland 4-46 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Vehicle Area Design
C. Vehicular Access and Circulation. The intent of this subsection is to manage access to land uses and
on-site circulation and maintain transportation system safety and operations. For transportation
improvement requirements, refer to Section 18-4.6.030.
1. Applicability. This section applies to all public streets within the City of Ashland and to all properties
that abut these streets. The standards apply when developments are subject to a planning action (e.g.
Site Review, Conditional Use Permit, Land Partition, Performance Standards Subdivision).
2. Site Circulation. New development shall be required to provide a circulation system that accommodates
expected traffic on the site. All on-site circulation systems shall incorporate street-like features as
described in Section 18-4.3.090.A.3.c. Pedestrian connections on the site, including connections through
large sites, and connections between sites and adjacent sidewalks must conform to the provisions of
Section 18-4.3.090.
3. Intersection and Driveway Separation. The distance from a street intersection to a driveway, or from a
driveway to another driveway shall meet the minimum spacing requirements for the streetÔs
classification in the Ashland Transportation System Plan (TSP).
a. In no case shall driveways be closer than twenty-four (24) feet as measured from the bottom of the
existing or proposed apron wings of the driveway approach.
b. Partitions and subdivisions of property located in an R-2, R-3, C-1, E-1, CM or
M-1 zone shall meet the controlled access standards set forth below. If applicable, cross access
easements shall be required so that access to all properties created by the land division can be made
from one or more points.
c. Street and driveway access points in an R-2, R-3, C-1, E-1, CM or M-1 zone shall be limited to the
following:
i. Distance between driveways:
on arterial streets - 100 feet;
on collector streets - 75 feet;
on residential streets - 50 feet.
ii. Distance from intersections:
On arterial streets - 100 feet;
On collector streets - 50 feet;
On residential streets - 35 feet.
d. Access Requirements for Multi-family Developments. All multi-family developments which will have
automobile trip generation in excess of 250 vehicle trips per day shall provide at least two (2)
driveway access points to the development. Trip generation shall be determined by the methods
established by the Institute of Transportation Engineers.
City of Ashland 4-47 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Vehicle Area Design
4. Shared Use of Driveways and Curb Cuts.
a. Plans submitted for developments subject to a planning action shall indicate how driveway
intersections with streets have been minimized through the use of shared driveways and shall
indicate all necessary access easements. Where necessary from traffic safety and access management
purposes, the City may require joint access and/or shared driveways in the following situations:
i. For shared parking areas;
ii. For adjacent developments, where access onto an arterial is limited; and
iii For multi-family developments, and developments on multiple lots.
Added “planter/furnishings strip” to item ‘b’ list of improvements that city may require
Comment:
where replacement of curb cut is required.
b. Developments subject to a planning action shall remove all curb cuts and driveway approaches not
shown to be necessary for existing improvements or the proposed development. Curb cuts and
approaches shall be replaced with standard curb, gutter, sidewalk, and planter/furnishings strip as
appropriate.
c. 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.
D. Driveways and Turn-Around Design. Driveways and turn-arounds providing access to parking areas
shall conform to the following provisions:
1. A driveway for a single dwelling shall be minimum of nine (9) feet in width, and a shared driveway
serving two (2) units shall be a minimum of twelve (12) feet in width.
2. Parking areas of seven (7) or fewer spaces shall be served by a driveway twelve (12) feet in width.
3. Parking areas of more than seven (7) parking spaces shall be served by a driveway twenty (20) feet in
width and constructed to: facilitate the flow of traffic on or off the site, with due regard to pedestrian
and vehicle safety; be clearly and permanently marked and defined; and provide adequate aisles or turn-
around areas so that all vehicles may enter the street in a forward manner.
The standard in ‘4’ (13’-6”) is not practical in many situations where a driveway enters
Comment:
garage or parking structure, and the building code will direct clearance there. The highlighted
language exempts parking structures.
4. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a minimum vertical
clearance of 13'6" for their entire length and width. Parking structures are exempt from this
requirement.
5. Vision Clearance. No obstructions may be placed in the vision clearance area except as set forth in
Section 18-2.4.090.
City of Ashland 4-48 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Vehicle Area Design
E. Parking and Access Construction. The development and maintenance as provided below, shall apply in
all cases, except single-family dwellings.
1. Paving. All required parking areas, aisles, turn-arounds and driveways shall be paved with concrete,
asphaltic, pervious paving, or comparable surfacing, constructed to standards on file in the office of the
City Engineer.
2. Drainage. All required parking areas, aisles and turn-arounds shall have provisions made for the on-site
collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights-of-way,
and abutting private property.
3. Driveway Approaches. Approaches shall be paved with concrete surfacing constructed to standards on
file in the office of the City Engineer.
4. Marking. Parking lots of more than seven spaces shall have all spaces permanently and clearly marked.
5. Wheel stops. Wheel stops shall be a minimum of four (4) inches in height and width and six (6) feet in
length. They shall be firmly attached to the ground and so constructed as to withstand normal wear.
Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings,
landscaping, and no vehicle shall overhang a public right-of-way.
6. Walls and Hedges
Item ‘a’ is revised to apply where parking is ‘adjacent’ to a street, instead of where
Comment:
parking abuts a street. The change is recommended so that the screening requirement can be
applied where a parking lot or driveway is next to a street (i.e., where it might impact
pedestrians) but is not touching the right-of-way line. The change also makes ‘a’ consistent with
‘b’, which uses the term ‘adjacent’.
a. Where a parking facility is adjacent to a street, a decorative masonry wall or evergreen hedge
screen between thirty (30) and forty-two (42) inches in height and a minimum of twelve (12) inches
in width shall be established parallel to and not nearer than two (2) feet from the right-of-way line,
pursuant to the following requirements:
i. The area between the wall or hedge and street line shall be landscaped.
ii. Screen planting shall be of such size and number to provide the required screening within
twelve (12) months of installation.
iii. All vegetation shall be adequately maintained by a permanent irrigation system, and said wall or
hedge shall be maintained in good condition.
The reference to clear vision requirements in item ‘iv’ is new.
Comment:
iv. Notwithstanding the above standards, the required wall or screening shall be designed to allow
access to the site and sidewalk by pedestrians and shall meet the clear vision requirements in
section 18-2.4.090.
b. In all zones, except single-family zones, where a parking facility or driveway is adjacent to a
residential or agricultural zone, school yard, or like institution, a sight-obscuring fence, wall, or
evergreen hedge shall be provided, pursuant to the following requirements:
City of Ashland 4-49 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Vehicle Area Design
i. The fence, wall or hedge shall be placed on the property line and shall be between five (5) feet
and six (6) feet in height as measured from the high grade side of the property line, except that
the height shall be reduced to thirty (30) inches within a required setback area and within ten
(10) feet of a street property line.
ii. Screen plantings shall be of such size and number to provide the required screening within
twelve (12) months of installation.
iii. Adequate provisions shall be made to protect walls, fences or plant materials from being
damaged by vehicles using said parking area.
The reference to clear vision requirements in item ‘iv’ is new.
Comment:
iv. Notwithstanding the above standards, the required wall or screening shall be designed to meet
the clear vision requirements in section 18-2.4.090.
v. The fence, wall or hedge shall be maintained in good condition.
7. Landscaping. In all zones, all parking facilities shall include landscaping to cover not less than seven (7)
percent of the area devoted to outdoor parking facilities, including the landscaping required in
subsection 6.a above. Said landscaping shall be uniformly distributed throughout the parking area, be
provided with irrigation facilities and protective curbs or raised wood headers. It may consist of trees,
plus shrubs, ground cover or related material. A minimum of one (1) tree per seven (7) parking spaces is
required.
Lighting of parking areas within 100 feet of property in residential zones shall be directed into
8. Lighting.
or on the site and away from property lines such that the light element shall not be directly visible from
abutting residential property. Lighting shall additionally comply with section 18-4.4.050.
City of Ashland 4-50 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Pedestrian Area Design
18-4.3.090 Pedestrian Access and Circulation
This section carries forward 18.92.090 Pedestrian Access and Circulation.
Comment:
A. Purpose. The purpose of Section 18-4.3.090 is to provide for safe, direct and convenient pedestrian access
and circulation.
B. Exceptions. Request to depart from the requirements of this section are subject to 18-5.2.050.D
Exception to the Site Design and Development Standards
C. Standards. Development subject to this Chapter, except single-family dwellings on individual lots and
associated accessory structures, shall conform to the following standards for pedestrian access and
circulation:
1. Continuous Walkway System. Extend the walkway system throughout the development site and connect
to all future phases of development, and to existing or planned off-site adjacent sidewalks, trails, public
parks, and open space areas to the greatest extent practicable. The developer may also be required to
connect or stub walkway(s) to adjacent streets and to private property for this purpose.
2. Safe, Direct, and Convenient. Provide safe, reasonably direct, and convenient walkway connections
between primary building entrances and all adjacent streets. For the purposes of this section, the
following definitions apply:
a. ÑReasonably directÒ means a route that does not deviate unnecessarily from a straight line or a
route that does not involve a significant amount of out-of-direction travel for likely users.
b. ÑSafe and convenientÒ means reasonably free from hazards and provides a reasonably direct means
of walking between destinations.
c. "Primary entrance" for a non-residential building means the main public entrance to the building. In
the case where no public entrance exists, street connections shall be provided to the main
employee entrance.
d. "Primary entrance" for a residential building is the front door (i.e. facing the street). For multifamily
buildings and mixed-use buildings where not all dwelling units have an individual exterior entrance,
the Ñprimary entranceÒ may be a lobby, courtyard, or breezeway serving as a common entrance for
more than one dwelling.
3. Connections within Development. Walkways within developments shall provide connections as required
in subsections a -c, below:
a. Connect all building entrances to one another to the extent practicable, as generally shown in Figure
18-4.3.090.A;
b. Connect on-site parking areas, recreational facilities and common areas, as generally shown in Figure
18-4.3.090.A, and connect off-site adjacent uses to the site to the extent practicable. Topographic or
existing development constraints may be cause for not making certain walkway connections; and
Comment: Subsection ‘c’ is revised for clarity and consistency.
c. Install a protected raised walkway through parking areas of fifty (50) or more spaces, and where
pedestrians must traverse more than 100 feet of parking area, as measured as an average width or
City of Ashland 4-51 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Pedestrian Area Design
depth.
City of Ashland 4-52 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, AAccess, andd Circulatioon | Pedestrian Areaa Design
Figure 18-4.3.090.A PPedestrian PPathway Sysstem (Typiccal)
Figure 18--4.3.090.B PPedestrian WWalkway Deetail (Typicaal)
CCity of Ashlandd 4-53 Module 3 Ï Draft #2 ÏÏ Feb 2013
LLand Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Pedestrian Area Design
4. Walkway Design and Construction. Walkways shall conform to all of the standards in subsections 1-4,
as generally illustrated in Figure 18-4.3.090.B. For transportation improvement requirements, refer to
Section 18-4.6.020.
Comment: The highlighted language in section a is revised to provide clarity regarding the flexibility
about walkways abutting driveways in the interior of a development. This issue was discussed during
the Pedestrian Places ordinance review.
a. Vehicle/Walkway Separation. Except for crosswalks, per subsection 2, where a walkway abuts a
driveway or street, it shall be raised six (6) inches and curbed along the edge of the driveway.
Alternatively, the city reviewing authority may approve a walkway abutting a driveway at the same
grade as the driveway if the walkway is distinguished from vehicle-maneuvering areas. An example of
alternative treatments are mountable curbs, alternative surface treatment (such as stamped
concrete or reflector bumps), or a row of decorative metal or concrete bollards.
b. Crosswalks. Where walkways cross a parking area or driveway, clearly mark crosswalks with
contrasting paving materials (e.g., light-color concrete inlay between asphalt), which may be part of a
raised/hump crossing area. Painted or thermo-plastic striping and similar types of non-permanent
applications may be approved for crosswalks not exceeding twenty-four (24) feet in length.
c. Walkway Surface and Width. Walkway surfaces shall be concrete, asphalt, brick/masonry pavers, or
other durable surface, and at least five feet wide. Multi-use paths (i.e. for bicycles and pedestrians)
shall be concrete or asphalt, and at least ten (10) feet wide, in accordance with the section 18-
4.6.030 Street Standards.
d. Accessible routes. Walkways shall comply with applicable Americans with Disabilities Act (ADA)
and State of Oregon requirements. The ends of all raised walkways, where the walkway intersects a
driveway or street shall provide ramps that are ADA accessible, and walkways shall provide direct
routes to primary building entrances.
e. Lighting. Provide pedestrian scale lighting not greater than fourteen (14) feet in height along
walkways.
City of Ashland 4-54 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.3 Ï Parking, Access, and Circulation | Construction
18-4.3.100 Construction
Item ‘1’ is revised for clarity. The term “reputable installer” is replaced with “qualified,
Comment:
bonded, and insured contractor,” the clause “that there remains nothing for the owner to do prior to
installation” is replaced with “no other conditions of approval are outstanding.” The clause “including
design standards” is replaced with “including walkways, landscaping, and other elements required by
this chapter.”
The required parking, access and circulations facilities, shall be installed prior to a release of a certificate of use
and occupancy or a release of utilities, and shall be permanently maintained as a condition of use. However, the
Building Official may, unless otherwise directed by the Planning Commission or Staff Advisor, release a
temporary certificate of use and occupancy and a temporary release of utilities before the installation of said
facilities provided: (1) there is proof that the owner has entered into a contract with a qualified, bonded, and
insured contractor for the completion of the parking, including walkways, landscaping, and other elements
required by this chapter, with a specified time, and no other conditions of approval are outstanding; or (2) the
owner has posted a satisfactory performance bond to ensure the installation of said parking facilities within a
specified time.
18-4.3.110 Availability of Facilities
Required parking, access and circulation shall be available for use by residents, customers and employees only,
and shall not be used for the storage or display of vehicles or materials.
City of Ashland 4-55 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.4 Ï Landscaping, Fences and Walls, \[Outdoor Lighting\] | Purpose
Chapter 18-4.4 - Landscaping, Fences and Walls, Outdoor Lighting
Sections:
18-4.4.010 Purpose
18-4.4.020 Applicability
18-4.4.030 Landscaping and Screening
18-4.4.040 Fences and Walls
18-4.4.050 Outdoor Lighting
Chapter 18-4.4 carries forward and updates the Site Design Standards and requirements of
Comment:
18.72 related to landscaping, street trees and water conserving landscapes, and the requirements for
fences and walls in Section 18.68.010 Fences. The standards are largely the same except for changes
identified by comment boxes. This section also adds a new section on outdoor lighting.
This section is new, and is intended to summarize the intent of the landscaping requirements.
Comment:
18-4.4.010 Purpose
Chapter 18-4.4 contains standards for landscaping and screening, fences, accessory walls, and outdoor lighting.
The regulations are intended protect public health, safety and welfare by reducing development impacts, such as
glare, noise, and visual impacts, on adjacent uses; minimizing erosion; slowing the rate of surface water runoff,
thereby reducing infrastructure costs; buffering pedestrians from vehicle maneuvering areas; cooling buildings
and parking lots in summer months with shade; and enhancing the cityÔs appearance.
18-4.4.020 Applicability
This section is new. It is intended to clarify when the requirements of this chapter apply, and
Comment:
item ‘D’ adds flexibility for amending plans consistent with public safety and Green Building objectives.
Requests for amendments come up periodically in subdivisions, especially older developments that are
going through and updating their landscaping in open spaces and park rows.
The requirements of chapter 18-4.4 apply, as follows:
A. Landscaping and Screening. Section 18-4.4.030 establishes design standards for landscaping and
screening. It applies where landscaping or screening is required by ordinance or through conditions of
approval.
B. Fences and Walls. Section 18-4.4.040 establishes design standards fences and walls not part of a building.
It applies where a fence or wall is erected, extended, or otherwise altered; it also applies to situations
where this ordinance requires screening or buffering.
C. Outdoor Lighting. Section 18-4.4.050 establishes standards for all outdoor lighting. It applies to all new
outdoor lighting installed or replaced after \[effective date\].
City of Ashland 4-56 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.4 Ï Landscaping, Fences and Walls, Outdoor Lighting | Landscaping and Screening
D. Amendments. Amendments to plans approved pursuant to this chapter are processed pursuant to
chapter 18-5.6, except that amendments for fire safety, decreased water use, or increased energy efficiency
are processed as Ministerial or Type I actions.
City of Ashland 4-57 Module 3 Ï Draft #2 Ï Feb 2013
Land Use Ordinance
18-4.4 Ï Landscaping, Fences and Walls, Outdoor Lighting | Landscaping and Screening
18-4.4.030 Landscaping and Screening
Section 18-4.4.030 carries forward and updates the Site Design Standards related to
Comment:
landscaping, street trees, and water conserving landscapes. The Tree Commission and Conservation
Division staff will be consulted for review and input to this section.
A. General Landscape Standard. All portions of a lot not otherwise developed with buildings, accessory
structures, vehicle maneuvering areas, parking, or other approved hardscapes shall be landscaped pursuant
to this Chapter.
The highlighted language regarding a credit for retention of existing vegetation is consistent
Comment:
with practice. Often, on smaller projects involving additions or redevelopment, there is existing
vegetation on site.
B. Minimum Landscape Area.
1. All lots shall conform to the minimum landscape area standards of the applicable zoning district, as
contained in Table 18-2.3.040. Except as otherwise provided by this Chapter, areas proposed to be
covered with plant materials shall have plant coverage of not less than fifty percent (50%) coverage
within one (1) year and ninety percent (90%) coverage within five (5) years of planting. The city decision
body, consistent with the purposes in Section 18-4.4.010, may allow credit toward the minimum
landscape area for existing healthy vegetation that is retained in the development.
C. Plant Selection. A combination of deciduous and evergreen trees, shrubs, and ground covers shall be used
for all planted areas, the selection of which shall be based on local climate, exposure, water availability,
crime prevention considerations, and drainage conditions. The selection of plants shall be based on all of the
following standards and guidelines:
The following language regarding a credit for retention of healthy trees is consistent with
Comment:
practice and supports the existing Tree Preservation and Protection requirements of 18.61 Tree
Preservation and Protection (18-4.11).
1. Tree and Shrub Retention. Existing healthy trees and shrubs shall be retained, pursuant to Chapter 18-
4.11. Credit will be granted toward the landscape area requirements of Chapter 18-2.3 where a project
proposal includes preserving healthy vegetation that contribute(s) to the landscape design.
2. Plant Selection
a. Use plants that are appropriate to the local climate, exposure, and water availability. The presence
of utilities and drainage conditions shall also be considered.
b. Plant species that do not require irrigation once established (naturalized) are preferred over species
that require irrigation. See also, section 18-4.4.030.H Water Conserving Landscaping.
The following language is added to address bioswales in streets and parking areas.
Comment:
c. Where storm water retention/detention or water quality treatment facilities are proposed, they
shall be planted with water-tolerant species.
City of Ashland 4-58 Module 3 Ï Draft #2 Ï Feb 2013
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18-4.4 Ï Landscaping, Fences and Walls, Outdoor Lighting | Landscaping and Screening
The language in section e requiring low water use landscaping is currently required in
Comment:
the Site Design and Use Standards for non-residential projects. A question to be considered is should
this requirement be extended to residential projects (i.e. 2 or more units) that require Site Design
Review approval such as accessory residential units and multi-family development.
d. Commercial, industrial, non-residential and mixed-use projects requiring a site design review
approval in section 18-5.2.020, shall use plants that are low water use and meet the requirements of
18-4.4.030.H Water Conserving Landscaping.
3. Screening
a. Evergreen plants shall be used where a sight-obscuring landscape screen is required.
b. Where a hedge is used as a screen, evergreen shrubs shall be planted so that not less than fifty
percent (50%) of the desired screening is achieved within two (2) years and one hundred percent
(100%) is achieved within 4 years. Living groundcover in the screen strip shall be planted such that
one hundred percent (100%) coverage is achieved within two (2) years.
4. Planting Area and Ground Cover Specifications
The highlighted language below regarding plant and tree size is new, and is taken from
Comment:
the Oregon Model Code. The current standard requires “Areas proposed to be covered with plant
materials shall have plant coverage of not less than fifty percent (50%) coverage within one (1) year
and ninety percent (90%) coverage within five (5) years of planting.” While this generally works with
projects involving landscape professionals, when an owner does a project by his or her self, plant
sizes would be helpful.
a. Trees shall be not less than two-inch (2Ò) caliper for street trees one and one-half-inch (1.5Ò) caliper
for other trees at the time of planting. Trees to be planted under or near power lines shall be
selected so as to not conflict with power lines at maturity.
b. Shrubs shall be planted from five (5) gallon containers, minimum, where they are for required
screens or buffers, and two (2) gallon containers minimum elsewhere.
c. Bark dust, chips, aggregate, or other non-plant ground covers may be used, but shall cover not more
than fifty (50) percent of any landscape area. Non-plant ground covers are not a substitute for
required ground cover plants.
The highlighted sections below are from the Oregon Model Code. The current Site Design
Comment:
and Use standards discuss crime prevention and defensible space in the introduction on site analysis
and planning.
5. Erosion Control. Landscape plans shall provide both temporary and permanent erosion control
measures, which shall include plantings where cuts or fills (including berms), swales, storm water
detention facilities, or similar grading is proposed. Landscape plans must also conform to section 18-
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3.9.070 Development Standards for Hillside Lands.
6. Soil Maintenance. When new vegetation is planted, soils shall be amended and irrigation provided, as
necessary, until the plants are naturalized and able to grow on their own.
7. Crime Prevention and Defensible Space. Landscape plans shall provide for crime prevention and
defensible space, for example, by using of low hedges and similar plants allowing natural surveillance of
public and semi-public areas, and by using impenetrable hedges in areas where physical access is
discouraged.
D. Parking Lot Screening. Where parking lot landscaping is required pursuant to section 18-4.3.080, it shall
meet the following requirements:
1. Parking lot landscaping shall consist of a minimum of seven percent (7%) of the total parking area plus a
ratio of one (1) tree for each seven (7) parking spaces to create a canopy effect.
2. The tree species shall be an appropriate large canopied shade tree and shall be selected from the street
tree list to avoid root damage to pavement and utilities, and damage from droppings to parked cars and
pedestrians.
3. The tree shall be planted in a landscaped area such that the tree bole is at least two (2) feet from any
curb or paved area.
4. The landscaped area shall be distributed throughout the parking area and parking perimeter at the
required ratio.
5. That portion of a required landscaped yard, buffer strip or screening strip abutting parking stalls may be
counted toward required parking lot landscaping but only for those stalls abutting landscaping as long as
the tree species, living plant material coverage and placement distribution criteria are also met. Front or
exterior yard landscaping may not be substituted for the interior landscaping required for interior
parking stalls.
E. Other Screening Requirements.Screening is required for outdoor storage areas and unenclosed uses,
and the City may require screening other situations, pursuant with the requirements of this ordinance.
1. Screening at Required Yards
a. Parking abutting a required landscaped front yard or exterior yard shall incorporate a sight
obstructing hedge screen into the required landscaped yard. The intent of this requirement is to
provide a partial screen minimizing visual impacts of surface parking areas adjacent to public ways
while providing for crime prevention and defensible space.
b. The screen shall grow to be at least thirty-six (36) inches higher than the finished grade of the
parking area, except for required vision clearance areas.
c. The screen height may be achieved by a combination of earth mounding and plant materials.
d. Elevated parking lots shall screen both the parking and the retaining walls.
2. Screening Abutting Property Lines. A five (5) foot landscaped strip shall screen parking abutting a
property line. Where a buffer between zones is required, the screening shall be incorporated into the
required buffer strip, and will not be an additional requirement.
3. Screening Adjacent to Residential Building. Where a parking area or outdoor storage area is adjacent to
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a residential building it shall be setback at least eight (8) feet from the building, and shall provide a
continuous hedge screen.
4. Building Adjacent to Street. Landscape areas at least ten (10) feet in width shall buffer buildings adjacent
to streets, except the buffer is not required in the following overlays: Detail Site Review, Historic
District and Pedestrian Place.
5. Outdoor Storage. Outdoor storage areas shall be screened from view, except such screening is not
required in the M-1 zone.
The section 6 is from the Oregon Model Code. Staff recommend considering this
Comment:
because loading areas are similar to parking areas and outdoor storage, which are both required to
be screened.
7. Loading Facilities. Loading facilities shall be screened and buffered when adjacent to residentially zoned
land.
6. Other Screening and Buffering. Other Screening and buffering shall be provided as follows:
a. Refuse Container Screen: Refuse containers or disposal areas shall be screened from view by
placement of a solid wood fence or masonry wall five to eight (5-8) feet in height. All refuse
materials shall be contained within the refuse area.
b. Service Corridor Screen: When adjacent to residential uses, commercial and industrial service
corridors shall be screened. Siting and design of such service areas shall reduce the adverse effects
of noise, odor and visual clutter upon adjacent residential uses.
F. Street Trees. All development fronting on public or private streets shall be required to plant street trees
in accordance with the following standards and chosen from the recommended list of street trees:
1. Location of Street Trees. Street trees shall be located in the designated planting strip or street tree
wells between the curb and sidewalk, or behind the sidewalk in cases where a planting strip or tree
wells are or will not be in place.. Street trees shall include irrigation, root barriers, and generally
conform to the standards established by the Department of Community Development.
2. Spacing and Placement of Street Trees
All tree spacing may be made subject to special site conditions that may, for reasons such as safety,
affect the decision. Any such proposed special condition shall be subject to the Staff AdvisorÔs review
and approval. The placement, spacing, and pruning of street trees shall be as follow:
a. Street trees shall be placed at the rate of one tree for every thirty (30) feet of street frontage. Trees
shall be evenly spaced, with variations to the spacing permitted for specific site limitations, such as
driveway approaches.
b. Trees shall not be planted closer than twenty-five (25) feet from the curb line of intersections of
streets or alleys, and not closer than ten (10) feet from private driveways (measured at the back
edge of the sidewalk), fire hydrants, or utility poles.
d. Street trees shall not be planted closer than twenty (20) feet to light standards. Except for public
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safety no new light standard location shall be positioned closer than ten (10) feet to any existing
street tree, and preferably such locations will be at least twenty (20) feet distant.
The following tree spacing requirement is revised from 2-1/2 feet to 2 feet due to
Comment:
the practical difficulty in meet the standard within narrow planting areas.
e. Trees shall not be planted closer than two (2) feet from the face of the curb except at intersections
where it shall be five (5) feet from the curb, in a curb return area.
f. Trees shall not be planted within two (2) feet of any permanent hard surface paving or walkway.
Sidewalk cuts in concrete for trees, or tree wells, shall be at least twenty-five (25) square feet;
however, larger cuts are encouraged because they allow additional air and water into the root
system and add to the health of the tree. Tree wells shall be covered by tree grates in accordance
with city specifications.
g. Where there are overhead power lines, tree species are to be chosen that will not interfere with
those lines.
h. Existing trees may be used as street trees if there will be no damage from the development which
will kill or weaken the tree. Sidewalks of variable width and elevation, where approved pursuant to
section 18-4.1.030 Exceptions, and section 18-4.6.030 Transportation Standards, may be utilized to
save existing street trees, subject to approval by the Staff Advisor.
3. Pruning. Trees, as they grow, shall be pruned to provide at least eight (8) feet of clearance above
sidewalks and twelve (12) feet above street roadway surfaces.
4. Replacement of Street Trees. Existing street trees removed by development projects shall be replaced
by the developer with those from the approved street tree list. The replacement trees shall be of size
and species similar to the trees that are approved by the Staff Advisor.
5. Recommended Street Trees. Street trees shall conform to the street tree list approved by the Ashland
Tree Commission.
G. Irrigation. Irrigation systems shall be installed to assure landscape success. If a landscape area is proposed
without irrigation, a landscape professional shall certify the area can be maintained and survive without
artificial irrigation.
H. Water Conserving Landscaping. The following guidelines and standards are intended to conserve water
while encouraging attractive landscaping. Further, requirements are aimed at reducing water demand when
water is most scarce, during the dry late summer months when water reserves are low.
1. General and Miscellaneous
a. The combined turf or water areas (i.e. pools, ponds and fountains) shall be limited to 20% of the
landscaped areas. Turf limitations do not apply to public parks, private common open space,
required outdoor recreation areas, golf courses, cemeteries and school recreation areas.
b. A minimum of two inches of mulch (neither large nuggets nor fine bark may be used) shall be added
in non-turf areas to the soil surface after planting. Non-porous material shall not be placed under
the mulch.
c. All fountains shall be designed to recycle their water.
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d. Turf is restricted to slopes less than 10% grade.
2. Plants
a. At least 90% of plants in the non-turf areas are to be listed as drought tolerant in the Sunset
Western Garden book, or be similarly well-suited for this climate of region as determined by the
Staff Advisor. Up to 10% of the plants may be of a non-drought tolerant variety or species as long as
they are grouped together and can be irrigated separately from the drought tolerant plants.
b. The Staff Advisor may substitute o make exceptions for cause of any of the plants listed.
c. Screening hedges must be planted to attain 50% coverage after two years.
d. Water conserving designs are not required to meet the standard of 50% coverage within one year.
However, they must meet the coverage standard for plantings of 90% after 5 years.
3. Irrigation
a. Irrigation systems shall be designed so that overspray is minimized.
b. For sprinkler irrigated areas, perimeter sprinklers must be included in the irrigation pattern.
c. Sprinkler heads with a precipitation rate of .85 inches per hour or less shall be used on slopes
exceeding 15% to minimize run-off, or when slope exceeds 10% within 10 feet of hardscape.
d. Precipitation rates are to be matched for all irrigation heads for each circuit.
e. The same type of irrigation heads shall be used for each circuit.
f. Valves and circuits shall be separated based on water use.
g. Drip irrigation systems are required for trees unless within lawn areas.
h. Serviceable check valves (or pressure compensating emitters for drip systems) are required where
an elevation difference greater than 20 feet exists on any circuit.
i. Sprinkler head spacing shall be designed for head-to-head coverage.
j. The system shall be designed to minimize runoff and overspray to non-irrigated areas.
k. All irrigation systems shall be equipped with a controller capable of dual or multiple programming.
Controllers must have multiple cycle start capacity and a flexible calendar program. Controllers
must allow seven day or greater timing cycles.
4. Topography
a. No more than 5% of landscaped area of any lot or project may be berms or raised beds higher than
one foot unless there is demonstrated need for sound or safety barrier.
b. All plantings on berms one foot or greater in height must be drought tolerant.
c. Only drip irrigation is allowed on berms more than 1 foot in height. If allowed, berms must be no
taller than 1/6 of their width.
6. Plan Requirements
a. The area irrigated (in square feet).
b. Precipitation rates for each valve circuit.
c. Monthly irrigation schedule for the plant establishment period (6-12 months) and for the first year
thereafter.
d. A watering schedule for each circuit from the plan must be posted inside the corresponding
controller.
e. A grading plan with sufficient contours so that slope may be measured.
f. For lots with less than 5,000 square feet of landscaped area no grading plan is required.
7. Exceptions. Exceptions to the standards in this section may be varied if the applicant proves that the
water consumption for the project as a whole is equal to or less than what would occur if the standards
were strictly applied, and that the requirements in section 18-4.1.030 for an Exception to the Site
Development and Design Standards are met.
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H. Tree Preservation and Protection. Where the standards of Chapter 18-4.4 conflict with the standards
of Chapter 18-4.11 Tree Preservation and Protection, the applicable standards of 18-4.11 shall rule.
The following section is currently covered by 18.72.110 Irrigation. However, the provision that
Comment:
the dead plantings be replaced in six months (180 days) is new language. A fairly wide window is
recommended to address seasonal issues for optimum planting times (i.e. spring and fall).
I. Maintenance. All landscaping shall be maintained in good condition, or otherwise replaced by the property
owner; dead or dying plants must be replaced within 180 days discovery. Replacement planting consistent
with an approved plan does not require separate city approval.
Insert Graphics Page Here
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18-4.4.040 Fences and Walls
Section 18-4.4.040 is carried forward from 18.68.010 Fences and includes recent Green
Comment:
Building code amendments.
A. Purpose. This section provides general development standards for fences and walls that are not part of a
building, such as screening walls and retaining walls.
B. Applicability. Section 18-4.4.040 applies to all fences and walls that are not part of a building, including
modifications to existing fences and walls. This section supplements the development standards of Table 18-
2.3.040.
C. Front Yard. In any required front yard, not more than three and one-half (3 ½) feet in height.
D. Side Yard. In any rear or side yard, not more than six and one-half (6 ½) feet in height.
E. Street-Side Yard. In any rear or side yard abutting a public street, except alleys, not more than four (4)
feet in height where located within ten (10) feet of said street.
F. Framework. The framework for newly constructed fences and walls shall face toward the property of the
party who constructs the fence, except where fences are jointly constructed.
G. Height Measurement. The height of a fence is the vertical distance measured from the natural grade to
the highest point of the fence, including the structural supports.
1. Below-Grade Lots. On lots that are not generally level with the adjacent street, height may be measured
from the top of the adjacent sidewalk or curb, or, where curbs are absent, from the crown of the
adjacent street plus six (6) inches.
2. Where fences are built on top of retaining walls, or one lot is markedly higher than an adjacent lot,
height shall be measured from the highest adjacent grade, except that the solar access of adjacent
properties to the north shall be maintained in accordance with chapter 18-4.10.
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H. Maintenance. Fences and walls shall be maintained in a safe condition. Fences that are not straight shall
lean not more than five (5%) percent from the vertical plane.
I. Waterways, Riparian Areas and Wetlands. Fences in and near waterways, riparian areas and wetlands
are shall conform to the following standards.
1. Waterways. Fences shall not be constructed across any waterway or stream, or within any designated
floodway identified on the official maps adopted pursuant to section 18-3.9 Physical and Environmental
Constraints Overlay.
The highlighted sentence in section 2 is new, and allows tree protection fencing required
Comment:
with development to be temporarily placed in the water resource protection zone.
2. Riparian Areas and Wetlands. Fences may be installed in the upland half of the stream bank protection
zone, and in the wetland buffer identified on the official map adopted pursuant to section 18-3.10 Water
Resources Overlay. Temporary tree protection fencing required with development pursuant to section
18-4.13.? is exempt from this requirement.
3. Materials. Fences in floodways and water resource protection zones shall be limited to open wire,
electric or similar fencing material that will not collect debris or obstruct flood waters, but not including
wire mesh or chain link fencing. Solid wood fencing is prohibited in the Water Resource Protection
Zones.
J. Restricted Materials. The use of barbed wire, razor wire, electrified wire and similar security fencing
materials shall be restricted as follows:
1. Such materials shall not be located adjacent to a sidewalk, a public way. or along the adjoining property
line of another person.
2. Such materials shall not be erected or maintained at less than six and a half (6½) feet above grade.
3. Such materials may be located in commercial, employment or industrial lands if not visible from the
public right of way, or with approval from the Community Development Director on properties
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deemed to be hazardous or in need of additional security.
K. Deer Fencing
1. Deer fencing may be attached to a permitted front, side, or rear yard fences provided the area in excess
of the allowable fence heights per this section is designed and constructed to provide a clear view
through the fence.
a. Within required front yards, at least eighty five percent (85%) of the surface shall be unobstructed
to both light and air when viewed perpendicular to the plane of the fence.
b. Within required side and rear yards, at least eighty percent (80%), of the surface shall be
unobstructed to both light and air when viewed perpendicular to the plane of the fence.
2. Deer fencing shall have a minimum height of six and a half (6 ½) feet and shall not exceed eight (8) feet
above grade.
3. Permitted deer fencing materials may include, woven wire fencing, field fence, Ñhog panelsÒ, wire strand
or polypropylene mesh net that is open and visible through the material. Within front yards all mesh
material shall have a minimum open diameter of one and a half (1 ½) square inches.
4. Deer fencing shall be supported by structural supports, or tension wires, that run along the top of the
fence to prevent sagging.
5. Chain link fences shall not be considered to be deer fences under this section even if they meet the
criteria above.
The following provisions are new. The language is recommended to resolve the current
Comment:
ordinance conflict where fences are defined as structures, and structures that are required to meet
setback requirements.
L. Exceptions.Fences and walls meeting the height requirements of this section are not required to meet
setback yard requirements, but those exceeding the height requirements of this section are required to
meet setback yard requirements. All fences and walls shall comply with the vision clearance standards of
Section 18-3.3.020. Other provisions of this ordinance may limit allowable height of a fence or wall below
the height limits of this section.
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M. Permitting. Permits, granted through Ministerial review, are required prior to installing any permanent
fence or wall to ensure compliance with city standards. The property owner should obtain a property
boundary survey where property boundaries are not otherwise identified. Where a development is subject
to land use approval, the city may require installation of screening walls or fences as a condition of approval
for development, as provided by other ordinance sections. A building permit may be required for some
fences and walls, pursuant to applicable building codes.
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\[18-4.5 Ï Reserved\]
18-4.4.050 Outdoor Lighting
The following section incorporates 18.72.140 Light and Glare Performance Standards (item
Comment:
C.1 below) as well as “light and glare screen” standards from the Site Design and Use Standards (see
page 30 under “Other Screening.” Separating out outdoor lighting as a section is new, and the
highlighted language is new and based on the Oregon Model Code
A. Purpose.This section contains regulations requiring adequate levels of outdoor lighting while minimizing
light spillover onto adjacent properties
B. Applicability. As a guideline, lighting levels shall be no greater than necessary to provide for pedestrian
safety, property/business identification, and crime prevention. All outdoor lighting is subject to the
requirements of this section.
C. Standards.All outdoor lighting shall comply with the following standards:
1. There shall be no direct illumination of any residentially zoned property from a light on any other
residential property or from any property zoned C-1, E-1 or M-1, SOU, CM, NM or HC.
2. Light poles for roadways shall not exceed a height of twenty (20) feet.
3. Light poles for pedestrian areas shall not exceed a height of fourteen (14) feet. (Pedestal- or bollard-
style lighting is an alternative method for illuminating walkways.)
4. Where a light standard is placed over a sidewalk or walkway, a minimum vertical clearance of eight (8)
feet shall be maintained.
5. Light fixtures shall be installed where they will not obstruct public ways, driveways, or walkways. Where
a light standard must be placed within a walkway, an unobstructed pedestrian through zone shall be
maintained per Americans With Disabilities Act compliance.
6. Lighting subject to this section shall consist of materials approved for outdoor use and shall be installed
according to the manufacturerÔs specifications.
7. Except as permitted for building-mounted signs, all outdoor light fixtures shall be directed downward
and have full shielding to minimize excessive light spillover onto adjacent properties.
D. Permitting.Where a proposed development is subject to Type I, Type II or Type III review, the city
reviewing authority may require specific lighting levels or limit lighting as a condition of approval to protect
the public health, safety and welfare.
E. Maintenance. Outdoor lighting shall be maintained in good condition, or otherwise replaced by the
property owner.
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