HomeMy WebLinkAbout2013-03-26 Planning PACKET
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AASHLAND PLLANNING COOMMISSION
STUUDY SESSION
MARCH 26, 2013
AGENDA
I. CALL TO ORDER:
7:00 PM, Ciic Center Cuncil Chambers, 1175 E. Main Street
vvoo
.. ANNOOUNCEMENTTS
II
IIII. PUBLIC FORUM
IVV. DISCUUSSION ITEMMS
A. Keeeping of Animals Ordinaance Updatee.
B. Unnified Land UUse Ordinancce – Part 4: SSite Development and Deesign Standaards.
V. 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).
Memo
DATE: 03/26/2013
TO: Planning Commission
FROM: Brandon Goldman, Senior Planner
RE: Keeping of Animals Ordinance
Background
Upon approving new standards for the keeping of chickens in August 2012, the City Council directed
Staff to examine the Municipal Code to further address requirements regulating the keeping of other
animals that could further efforts to provide local food. Although there was discussion at the time
regarding the development of a comprehensive Urban Agriculture ordinance, it was determined such an
approach should be undertaken only if identified as a priority goal during the Council’s annual goal
setting process. Councilors did express interest in considering a more focused effort at identifying
specific refinements to the Keeping of Animals provisions within the municipal code that could enhance
opportunities for local food production at this time. Staff believes that with relatively minor code
revisions property owners can have more flexibility to pursue actions that increase household food
security..
On March 6th, 2013 a group of local residents experienced in animal husbandry met with Planning Staff
to discuss potential amendments to the Keeping of Animals ordinance (ch 9.08.040). The group
discussed various types of animals which are well suited to local food production on small properties in
consideration of potential impacts on adjoining neighbors. The group generally discussed the number of
animals needed to support the food needs of a household and how that the limitations in the existing
ordinance act as impediments. A number of animals were discussed as being inappropriate in an urban
setting (geese, pigs, cows, horses, etc.) on small properties. The group reviewed the current setback
requirements for bees, rabbits, and chickens and discussed the potential of lessening the setbacks in a
manner that remains sensitive to the potential adverse impacts on neighbors. The keeping of bees was
discussed and a number of simple amendments were discussed that would allow for backyard apiaries to
be established while ensuring the hives are located in a manner that reduces the concentration of bees on
neighboring properties.
Current Standards summarized
Currently Ashland’s municipal code allows for a variety of animals used in food production and
includes criteria relating to their maximum number and location as follows:
Large livestock is permitted on properties greater than one acre in size and stables must be
located a minimum of one hundred (100) feet from a dwelling or fifty (50) feet from a property
line.
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
A single family household can currently have five chickens plus one per thousand (1000) Square
feet of lot area in excess of 5000sq.ft., up to a maximum of twenty chickens. Chickens must be
located a minimum of ten (10) feet from a property line and twenty (20) from an adjoining
dwelling.
Rabbits must be kept a minimum of one hundred (100) feet of another dwelling and further than
seventy-five (75) feet of a street or sidewalk. There is currently no limitation on the number of
rabbits allowed provided the distance requirements are met.
Bees hives must be kept at least one hundred fifty (150) feet of another dwelling, street, or
sidewalk. There is currently no limitation on the number of hives provided the distance
requirements are met.
Pygmy Goats are not explicitly addressed within the ordinance and as such would currently be
regulated consistent with the large livestock standards.
A number of standards are provided relating to pot-belly pigs (less than 95lbs) but as these
animals are typically kept as pets, not for meat production, they would not be covered in
amendments relating to increasing opportunities for local food production.
Discussion Items
Localities that allow for the keeping of livestock in an urban setting typically cover a number of
common regulatory themes within their municipal code which are broadly outlined below.
Categories of Animals
Distinctions regarding the types of animals that can be kept dependent upon lot size:
Micro-livestockLarge Livestock
oo
chickens (hens) cows
ducks, quail, pheasant horses
rabbits goats
miniature goats (pygmy) sheep, llama
Bees emu, ostrich,
o
Frequently prohibited animals due to issues with excessive noise, odor, or public safety include:
roosters (male chickens)
geese, guinea fowl, turkeys, peacocks,
pigs
dangerous animals.
Distance (setback) Requirements
Setbacks for animal enclosure areas and buildings that house animals
from property lines
o
distance restrictions in relation to dwellings.
o
Containment provisions (required fences, Coops, hives. no at large animals etc.), minimum
and/or maximum enclosure size requirements;
Standards for Keeping Bees
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Fly-over barrier requirements located between beehives and the adjoining properties.
Limitation on the number of colonies by lot area
Requirements for water in the immediate vicinity
Health and Sanitation
Nuisance clauses for noise, odor, and animals at large
Waste disposal/storage requirements
Protection from predators and pests.
Slaughtering restrictions relating to public health and sanitation
Questions for consideration
Setbacks
The Planning Commission is familiar with the recent ordinance amendment process relating to the
keeping of chickens. Through that process the number of chickens allowed was increased, and the
required setback from adjacent dwellings was reduced. Additionally the Council ultimately amended
the ordinance to require a minimum 10’ distance from adjoining properties.
Should similar setback standards be drafted to permit the keeping of other micro-livestock
(e.g rabbits & ducks) in closer proximity to neighbors on smaller lots?
Lot size
Lot size has commonly been used as a mechanism used to correlate the number of animals to the
capacity of the property in consideration of the impacts upon neighboring properties. In short a sliding
scale is used so the smaller the lot area the fewer animals are permitted.
Should the number of animals permitted be limited based on lot size in the event the
setback standards are reduced?
Goats
The keeping of goats and miniature goats is increasingly prevalent among urban homesteaders where
permitted. There are a number of varieties of pygmy Goats weighing less than 85 lbs when full grown
that tend to be used as pets, meat goats, as well as milk producers. Typically municipalities require that
all male goats are neutered to control odor. As goats are social animals a solitary goat tends to make
more noise than two goats together, As such city’s that allow pygmy goats typically allow two adults.
Should the keeping of animal’s ordinance be amended to permit pygmy goats on lots less
than an acre in size?
Should full size goats continue to be regulated as livestock requiring a minimum lot area of
an acre in size?
Manure
Specific standards relating to the potential for odor and combustion potential were included in the recent
ordinance amendments relating to chicken manure. Specifically manure not used actively as fertilizer
on site shall be stored in a 20gallon air-tight container.
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Should similar standards for the storage of manure be drafted relating to the keeping of
other micro-livestock?
Bees
During the Green Codes update in 2012 a number of local bee keepers provided testimony that Bees can
be kept on smaller lots without endangering public safety provided certain standards are met. The
current 150’ distance requirement was seen to limit opportunities for bee keeping without functionally
addressing issues relating to the number and maintenance of hives. At the March 6th working group
meeting a local expert on bee-keeping discussed a model ordinance that could be amended to be
incorporated into Ashland’s keeping of animals ordinance. It was presented that Ashland’s ordinance
could readily be amended to promote backyard bee keeping while affording better protections for
neighbors by limiting the number of hives to no more than three on lots less than a half acre in size, and
requiring a flyway barrier (wall fence, dense vegetation) near the hives if less then 25 feet from the
nearest property line.
Should the existing requirement that hives be placed 150’ away from adjoining dwelling,
sidewalk or streets be amended?
Should the section of code relating to bees be expanded to address suggested standards
relating to, hive number, placement and maintenance, and flyway barrier locations in the
event the setback requirement is reduced?
Attached
:
Background summary including existing ordinances
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Keeping of Animals
2013 Ordinance Amendment Process
Background Summary
Across the country, more and more people are paying attention to where their food comes
from and how it is produced. This in turn has led to more citizens interested in participating in
their own local food production, with an emphasis on food and products that are grown
organically, locally, and sustainably. Urban agriculture or “backyard farming” has grown in
popularity around the country and over the past several years a number of Ashland residents
have converted lawns to food producing planting beds, and have explored opportunities to
keep chickens, ducks, turkeys, pygmy goats, bees and other animals on their properties only
to learn that current codes may limit or preclude the keeping of such urban livestock on small
urban properties within the City.
Urban Agriculture can be broadly addressed in the following categories:
Keeping of animals and bees
Soil safety, pesticides and fertilizers, & composting
Growing of produce
Rooftop & vertical agriculture
Hydroponics and aquaculture
Farmers markets, winter markets, farm stands and sales
Accessory structures
Upon approving new standards for the Keeping of Chickens in Aug 2012, the City Council
directed Staff to examine the Municipal Code to further address requirements regulating the
keeping of other animals. Although there was discussion at the time regarding the
development of a comprehensive Urban Agriculture ordinance, it was determined such an
approach should be undertaken only if identified as a priority goal during the Council’s annual
goal setting process. Councilors did express interest in considering a more focused effort at
identifying specific refinements to the Keeping of Animals provisions within the municipal code
that could enhance opportunities for local food production.
Chickens are certainly the most common “backyard livestock” raised in urban areas, however
the keeping of other urban livestock for food production is increasingly common as urban
farmers strive to have a healthier, more sustainable and cheaper source of food, by consuming
the honey, eggs, milk or meat from their own animals. As was evident during the recent public
hearings regarding the keeping of chickens, the raising backyard animals has been a
controversial topic in Ashland where some residents argued that raising animals in the city
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
might cause nuisances like noise and bad odors, as well as public health and animal welfare
issues. In evaluating allowances for the keeping of urban livestock it is incumbent upon the
City to ensure that any permitted urban livestock can be successfully integrated into residential
neighborhoods and establish standards that avoid negative impacts to neighbors or a nuisance
to the community.
During the course of this year the City will work with local residents with hands on experience
in keeping animals for the purpose of local food production to help identify areas within the
existing code that act as impediments that could potentially be amended to better promote
local food production. Ultimately regulations that incorporate citizen input in the creation stage
help ensure an ordinance that best fits the needs (and is supported by) the community.
Where localities allow for the keeping of urban livestock , there are common regulatory themes
which include:
Limits on the number of animals permitted per household or given lot area,
Distinction and limitations types or categories of animals that could be kept:
The most commonly permitted were chickens (hens), ducks, quail, miniature
o
goats, rabbits and bees.
Limits on animal size due to smaller urban lot space constraint
o
Established minimum lot area for potbelly pigs, goats, cows, sheep and horses;
o
Prohibiting specific animals due to issues with excessive noise or public safety:
o
roosters (male chickens), geese, guinea fowl, dangerous animals.
Setbacks for animal enclosure areas and buildings that house animals
from property lines
o
distance restrictions in relation to dwellings.
o
Containment provisions (required fences, Coops, hives. no at large animals etc.),
minimum and/or maximum enclosure size requirements;
Fly-over barrier requirements located between beehives and the adjoining properties.
Nuisance clauses for noise, odor, disease, waste disposal, and protection from
predators and pests.
Slaughtering restrictions relating to public health and sanitation
Ordinance Update Process
The adoption of ordinance amendments is a public process that includes numerous public
hearings and opportunities for revisions to the proposed ordinance in consideration of public
testimony. The Ashland Planning Commission reviews any land use ordinance amendment
and provides their recommendations to the Ashland City Council. The City Council is the final
decision making body and can approve, amend, or deny any proposed ordinance
amendments.
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
The anticipated timeline for the formal ordinance review and adoption process is as follows:
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DraftOrdinanceAmendments
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Ashland’s Existing Ordinance Requirements
Current City Ordinance allows for the keeping of animals provided the following criteria are
met:
9.08.040
A. Except as otherwise permitted by ordinance, no person shall keep or maintain more than three
(3) dogs over the age of three (3) months on any one (1) parcel or tract of land.
B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the
provisions of section 18.20.020, keeping or maintaining swine commonly referred to as Miniature
Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is allowed, subject to the
following:
1.Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh more
than 95 pounds.
2.No more than one such pig shall be kept at any one parcel or tract of land.
3.Such pigs shall:
a. Be confined by fence, leash or obedience training to the property of the person
keeping or maintaining them or to the property of another if such other person
has given express permission;
b. Be confined to a car or truck when off property where otherwise confined; or
c. Be on leash not longer than six feet in length.
4.Such pigs shall be kept in accordance with the standards of minimum care for domestic
animals as set forth in ORS 167.310.
5.Notwithstanding any of the above, no such pig shall be allowed in any park.
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
C. No person shall keep or maintain poultry within seventy-five (75) feet of another dwelling,
except that chickens may be kept or maintained even within said seventy-five (75) foot buffer zone
provided each of the following requirements is continuously met inside the buffer zone:
1.No more than five (5) chickens shall be kept or maintained on properties of less than five
thousand (5000) square feet in area;
2.No more than one (1) chicken for each one thousand (1,000) square feet of lot area, up to
a maximum of twenty (20) chickens, shall be kept or maintained on properties greater
than five thousand (5000) square feet in area,
3.No chickens shall be allowed on properties containing multi-family complexes, including
duplexes;
4.In residential zones chickens shall be kept for personal use only, and not for the
commercial exchange of goods or commodities with the exception of the sale of surplus
eggs directly to the end consumer.
5.No roosters shall be allowed;
6.Chickens must be secured at all times and located at least twenty (20) feet from dwellings
on adjoining properties:
a. During non-daylight hours a secure chicken coop shall be provided to protect
chickens from predators;
b. Chickens shall be located in a chicken run that meets the requirements of AMC
18.68.140(C) 4) or in a securely fenced area at least ten (10) feet from
neighboring properties;
7. To protect public health, the areas in which chickens are kept must be maintained in
compliance with AMC 9.08.060 and the following requirements:
a. Chicken feed must be kept in rodent- and raccoon-proof containers;
b. Chicken manure must be collected, stored, and removed from the property on a
regular basis in accordance with the following requirements:
i. All stored manure shall be within a non-combustible, air-tight, container and
located in accordance with the Oregon Fire Code relating to the outdoor
storage of combustibles;
ii. No more than one 20-gallon container of manure shall be stored on any one
property housing chickens; and
iii. All manure not used for composting or fertilizing shall be removed;
8. Chicken coops and runs shall be built in compliance with AMC 18.68.140(C) 4) and with
all applicable building and zoning codes;
9. The requirements of AMC 18.20.020(D) regarding of the keeping of livestock shall not
apply to the keeping of chickens or the buildings and structures that house chickens.
10. Noise resulting from the keeping or maintaining of chickens must not exceed the
limitations set forth in AMC 9.08.170.
D. No person shall keep or maintain rabbits within one hundred (100) feet of another dwelling or
within seventy-five (75) feet of a street or sidewalk.
E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any kind or
character wherein bees are hived, within one hundred fifty (150) feet of another dwelling or within
one hundred fifty (150) feet of a street or sidewalk.
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
F. No person shall keep or maintain a stable within one hundred (100) feet of another dwelling.
G. Where the conditions imposed by subsections (B) to (F) of this section differ from those imposed
by another ordinance, the provision which is more restrictive shall control.
H. The applicable minimum care requirements of ORS 167.310 shall apply to all animals
identified in this section.
I. Keeping of animals is a Class III violation.
(Ord. 1559 S4, 1968; Ord 3025, 2010; Ord 3061, 2012; Ord 3071; 2012)
The Land Use Code establishes a minimum lot area for livestock, and location requirements
for barns and buildings housing livestock as follows:
18.20.020
D. The keeping of livestock, except swine, provided that:
1. No livestock shall be kept on any lot less than one (1) acre in area.
2. No more than two (2) head of livestock over the age of six (6) months may be maintained
per acre.
3. Barns, stables, and other buildings and structures to house said livestock shall not be
located closer than fifty (50) feet to any property line.
The Land Use Code currently provides standards for accessory buildings that house chickens
as follows:
18.68.140
C. A chicken coop and a chicken run may be maintained accessory to a single-family
dwelling in a residential district provided the following conditions are met:
1) No more than five (5) chickens shall be kept or maintained on properties of less than five
thousand (5000) square feet in area;
2) No more than one (1) chicken for each one thousand (1,000) square feet of lot area, up
to a maximum of twenty (20) chickens, shall be kept or maintained on properties greater
than five thousand (5000) square feet in area,
3) No roosters shall be kept on the property at any time.
4) Chicken coops and chicken runs shall be constructed as follows:
a) they shall not be located in a required front yard.
b) they shall be setback a minimum of ten (10) feet from abutting properties.
c) they shall be at least twenty (20) feet from dwellings on adjoining properties.
d) structures shall not exceed six (6) feet in height.
e) chicken coops shall not exceed forty (40) square feet in area, or four (4) square
feet per chicken, whichever is greater.
f) chicken runs, as enclosed outdoor structures, shall not exceed one hundred (100)
square feet in area, or ten (10) square feet per chicken, whichever is greater.
5) The keeping of chickens, and the maintenance of their environment, shall be in
accordance with Keeping of Animals chapter of the Ashland Municipal Code (Ch.
9.08.040).
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
DATE: March 266, 2013
TO:AshlandPlanning Coommission
FROM:Maria Haarris, Planninng Manager
RE:
Unified LLand Use Orrdinance Prooject
Part 4 – SSite Developpment and DDesign Standdards (ThirdSection)
SSUMMARYY
TThe third andd final sectioon of Part 4 SSite Developpment and DDesign Standdards is attacched for the PPlanning
CCommissionn review and discussion.The Planninng Commissiion reviewedd the first section of Partt 4 at the
FFebruary 12 meeting, and the secondd section at tthe March 122 meeting. TThe third secttion Part 4 inncludes
cchapters on ssigns, solar aaccess, tree ppreservation and protectiion, disc anttennas and wwireless
ccommunicatiion facilitiess.
TTHIRD SECCTION OF PART 4 – SSITE DEVEELOPMENT AND DESSIGN STANNDARDS
QQUESTION: Does the PPlanning Commmission haave commennts on the thiird section of Part 4 Site
DDevelopmennt and Designn Standards of the unifieed ordinancee?
BBACKGROUUND: The UUnified Ordiinance Outliine and the thhird section of Part 4 aree attached. TThe
mmaterial in thhis section iss from Chaptter 18.61 Tree Preservattion and Prottection, Chappter 18.72 SSite
DDesign Revieew (includess sections onn disc antennnas and wireless communnication faciilities), Chappter
118.96 Sign RRegulationsaand Chapter 18.70 Solarr Access. Thee focus of thhe third sectiion is reformmatting
aand editing ffor clarity, wwith few subsstantive ameendments. TTwo sections, Signs (2009) and Wireless
CCommunicattion Facilitiees (2012) reccently went tthrough exteensive publicc process andd updates.
SSUMMARYY OF AMENNDMENTS: The potentiial amendmeents are summmarized beloow.
Healtth Care (HCC) Zone Siggnage -
seeppp 4-13
Theccurrent code does not adddress the siggn regulationns for the HCC zone (areaas around Ashland
Hosppital, Mountaain View Retirement Cennter (north oof intersectioon of N. Maiin St. and Maaple St.,
andMMountain Meeadows at thhe north end of N. Mounntain Ave.). As a result, the HC is addded to
the siign standards for the commmercial, industrial and employmennt centers.
Commmercial (C--1) Exempttion from Soolar Setbackk
– see pp 4--23 – 4-24
In thee current codde, propertiees in the C-1 zone are subbject to solaar “Setback SStandard B”
\[Commmercial Dowwntown (C-1-D), Cromaan Mill (CMM) and Northh Mountain NNeighborhoood
Centrral Overlay ((NM-C) are exempt\]. Thhe language has been ammended to exxempt C-1 properties
Page2 of 2
from the solar setback requirement if the properties are not abutting a Residential Zone to the
north. C-1 properties that have residential zones to the north will continue to have to meet the
solar Setback Standard B. The addition of the C-1 zone (Commercial) is a revision the Planning
Commission discussed in November 2012 as a change to Part 2 Zoning Regulations, and as per
the Commissions input on the Policy Issues and Recommendations from the 2006 Land Use
Ordinance Review.
Solar Access Permit for Protection from Shading by Vegetation
– see pp 4-26 – 4-29
The current ordinance allows a property with or installing a solar energy system to apply for a
solar access permit to protect the system from being shaded by vegetation. The current code
requires that the city record a solar access permit on neighboring properties. This section of the
code is used infrequently, but when it has been used in the past, the recording of the solar access
easement on neighboring properties was determined to be legally problematic by the City
attorney’s office. As a result, the amendments retain the solar access permit, but delete the
requirement to record the solar access restriction.
Disc Antenna Installation Requirements –
see p 4-40
The current ordinance includes language addressing the installation and grounding of disc
antennas. The reference to the requirement to meet Building Code requirements is retained, but
the specific language on installation is deleted because it is covered by the Building Code.
ITEMS FOR NEXT DRAFT
Two adjustments to the third section of Part 4 are in process for the next draft of the unified code. First,
staff is considering reformatting the chapter on signs to make the flow more user-friendly. Second, there
are standards addressing tree preservation in the landscaping chapter (18-4.4) of Part 4. Staff is
considering combining or reformatting the landscaping and tree preservation chapters again to make the
flow more user-friendly.
ATTACHMENTS
1. Unified Ordinance Outline
2. Title 18 – Part 4 – Site Development and Design Standards (third 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
3.26.13
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
3.26.13
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
18-4 Site Development and Design Standards
PC
18-4.1 Site Development and Design Standards Administration reviewed
at
18-4.2 Building Placement and Orientation
2/12/2013
meeting
18-4.3 Parking, Access and Circulation
18-4.4 Landscaping, Fences and Walls, and Outdoor Lighting
18-4.5 \[Reserved\]
PC
18-4.6 Public Facilities
reviewedat
3/12/13
18-4.7 Signs
meeting
18-4.8 Solar Access
18-4.9 Subdivision Design
18-4.10 Grading and Excavation
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18-4.11 Tree Preservation and Protection
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ƒĻĻƷźƓŭ
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
3.26.13
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
18-4 - SITE DEVELOPMENT AND DESIGN STANDARDS 4A-3
C18-4.7-S 4
HAPTER IGNS
18-4.7.010P 4
URPOSE
18-4.7.020ES 4
XEMPTED IGNS
18-4.7.030PS 6
ROHIBITED IGNS
18-4.7.040SP 7
IGN ERMITS
18-4.7.050GSR 8
ENERAL IGN EGULATIONS
18-4.7.060RNMSR 9
ESIDENTIAL AND ORTH OUNTAIN IGN EGULATIONS
18-4.7.070C-DOD(C-1-D) 10
OMMERCIALOWNTOWN VERLAY ISTRICT
18-4.7.080C,IED 13
OMMERCIAL NDUSTRIAL AND MPLOYMENT ISTRICTS
18-4.7.090FSZ 16
REEWAY IGN ONE
18-4.7.100ANS 17
BATEMENT OF UISANCE IGNS
18-4.7.110CMS 17
ONSTRUCTION AND AINTENANCE TANDARDS
18-4.7.120NS 18
ONCONFORMING IGNS
18-4.7.130E 19
NFORCEMENT
18-4.7.140GS 19
OVERNMENTAL IGNS
18-4.7.150HS 19
ISTORIC IGNS
C18-4.8-SA 22
HAPTER OLAR CCESS
18-4.8.010P 22
URPOSE
18-4.8.020 A 22
PPLICABILITY
18-4.8.030 LC 22
OT LASSIFICATIONS
18-4.8.040 SS 23
OLAR ETBACKS
18-4.8.050 SAPS 24
OLAR CCESS ERFORMANCE TANDARD
18-4.8.060 E 25
XCEPTIONS
18-4.8.070 SAPPSV 26
OLAR CCESS ERMIT FOR ROTECTION FROM HADING BY EGETATION
18-4.8.080 HP 27
EARING ROCEDURE
18-4.8.090 LOSAP 28
IMITS N OLAR CCESS ERMITS
18-4.8.100 ESAPIR 29
NTRY OF OLAR CCESS ERMIT NTO EGISTER
18-4.8.110 EE 29
FFECT AND NFORCEMENT
C18-4.9-SD 34
HAPTER UBDIVISION ESIGN
18-4.9.010P 34
URPOSE
C18-4.10-GE 35
HAPTER RADING AND XCAVATION
18-4.10.010P 35
URPOSE
C18-4.11-TPP 36
HAPTER REE RESERVATION AND ROTECTION
18-4.11.010P 36
URPOSE
18-4.11.020 A 36
PPLICABILITY
18-4.11.030 TP 37
REE ROTECTION
18-4.11.040 PS 38
ERFORMANCE ECURITY
C18-4.12-DA 39
HAPTER ISC NTENNAS
18-4.12.010P 39
URPOSE
18-4.12.020 A 39
PPLICABILITY
18-4.12.030BPR 39
UILDING ERMIT EQUIRED
18-4.12.040DS 39
EVELOPMENT TANDARDS
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18-4.7 Signs
C18-4.13-WCF 41
HAPTER IRELESS OMMUNICATION ACILITIES
18-4.12.010PI 41
URPOSE AND NTENT
18-4.13.020A 41
PPLICABILITY
18-4.13.030AS 43
PPLICATION UBMITTAL
18-4.13.040DS 44
ESIGN TANDARDS
City of Ashland 4 -2 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4 - Site Development and Design Standards
Chapters:
18-4.1 Design Standards Administration
18-4.2 Building Placement, Orientation and Design
18-4.3 Access, Circulation, Parking, and Loading
18-4.4 Landscaping, Street Trees, and Screening
\[18-4.5 Reserved\]
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
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18-4.7 Signs | Historic Signs
Chapter 18-4.7 - Signs
Sections
18-4.7.010 Purpose
18-4.7.020 Exempted Signs
18-4.7.030 Prohibited Signs
18-4.7.040 Sign Permits
18-4.7.050 General Sign Regulations
18-4.7.060 Residential and North Mountain Sign Regulations
18-4.7.070 Commercial-Downtown Overlay District (C-1-D)
18-4.7.080 Commercial, Industrial and Employment Districts
18-4.7.090 Freeway Sign Zone
18-4.7.100 Abatement of Nuisance Signs
18-4.7.110 Construction and Maintenance Standards
18-4.7.120 Nonconforming Signs
18-4.7.130 Enforcement
18-4.7.140 Governmental Signs
18-4.7.150 Historic Signs
Chapter 18-4.96 Sign
Comment:
Regulations which was updated in 2009. The wording and organization is improved, but the
requirements remain the same except if specifically noted. The sign definitions are relocated to the
definitions chapter.
18-4.7.010 Purpose
This Chapter shall hereafter be known and designated as the "Sign Code of the City of
Ashland", and is adopted in recognition of the important function of signs and the need to
safeguard and enhance the economic and aesthetic values in the City of Ashland through
regulation of such factors as size, number, location, illumination, construction, and
maintenance of signs; and thereby safeguard public health, safety and general welfare.
18-4.7.020 Exempted Signs
The following signs and devices shall not be subject to the provisions of this chapter except for
18-4.7.030 and 18.3.7.140; all of the following exempted signs shall be subject to the other
regulations contained in Chapter 18-4.7 relative to the size, lighting or spacing of such sign.
Informational signs placed or approved for installation by the City of
A. Informational Signs.
Ashland or by the State or Oregon in the publicly owned right-of-way. Collective
identification or directory signs placed by the City of Ashland showing the types and
locations of various civic, business, recreation, historic interest areas, or other similar uses,
when such signs are located on publicly owned right-of-way or on City of Ashland
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18-4.7 Signs | Historic Signs
property. See also, section 18-4.7.140 Government Signs.
Memorial tablets, cornerstones, or similar plaques not exceeding six (6) square
B. Memorials.
feet in size.
Flags of national, state or local governments.
C. Flags.
Historic signs are exempt from some provisions of chapter 18-4.7. Please refer
D.Historic Signs.
to 18-4.7.150.D Historic Signs.
Signs within a building provided they are not visible to persons outside the
E. Interior Signs.
building.
Any sign which is not visible to motorists or pedestrians on
F.Signs Not Visible from Public Way.
any public highway, sidewalk, street or alley.
Small incidental signs provided said signs do not exceed two (2)
G. Small, Incidental Signs.
square feet in area per sign, not more than two in number on any parcel or two per
business frontage, whichever is greater. Within the Downtown Design Standards Zone, three
(3) incidental signs with a total area of seven (7) square feet, provided no single incidental
sign exceeds three (3) square feet in area, are allowable per business frontage.
Strings of lights in non-residential zones where the lights do not exceed 5
H. String of Lights.
watts per bulb do not flash or blink in any way. Strings of lights in residential zones are not
regulated.
Temporary signs not exceeding four (4)
I. Temporary Signs, Non-Illuminated Election Signs.
square feet, provided the signs are erected no more than 45 days prior to and removed
within seven days following an election.
Temporary non-illuminated
J.Temporary, Non-Illuminated Signs, Charitable Organization.
signs not exceeding 16 square feet for charitable fundraising events placed by non-profit
and charitable organizations. Such signs shall not be placed more than seven days prior to
the event and must be removed within two days following the event. No more than two
such events may be advertised in this manner per lot per year.
Temporary, non-illuminated construction
K.Temporary, Non-Illuminated Construction Signs.
signs on a lot with an aggregate area not exceeding sixteen (16) square feet in residential
areas or thirty-two (32) square feet in commercial and industrial areas, provided said signs
are removed within seven days of completion of the project. Such signs shall be limited to
no more than four signs per lot. Freestanding temporary construction signs shall be no
greater than five feet above grade.
Temporary signs painted or placed upon a
L. Temporary Window Signs, Non-Residential Zone.
window in a non-residential zone, when such signs do not obscure more than twenty
percent (20%) of such window area, and are maintained for a period not exceeding seven
(7) days. Signs that remain longer than seven (7) days will be considered permanent and
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18-4.7 Signs | Historic Signs
must comply with the provisions of this Chapter.
Temporary, non-illuminated real estate signs
M. Temporary, Non-Illuminated Real Estate Signs.
not exceeding six (6) square feet in residential areas or twelve square feet in commercial
and industrial areas, provided said signs are removed within fifteen days from the sale,
lease or rental of the property. Such signs shall be limited to one sign per lot. Freestanding
temporary real estate signs shall be no greater than five feet above grade.
18-4.7.030 Prohibited Signs
Notwithstanding section 18-4.7.020 Exempted Signs, and except as provided by 18-4.7.140
Government Signs, the following signs and sign elements are prohibited:
No movable sign, temporary sign or bench sign shall be permitted except as may be
A.
provided in Section 18-4.7.020.
No wind sign, device, or captive balloon shall be permitted except as may be provided in
B.
Section 18-4.7.020 ,18-4.7.070.G and 18-4.7.080.E.
No flashing signs shall be permitted.
C.
No sign shall have or consist of any moving, rotating, or otherwise animated part.
D.
No three-dimensional statue, caricature or representation of persons, animals or
E.
merchandise shall be used as a sign or incorporated into a sign structure except as may be
provided in Sections 18-4.7.070.B.5.
No public address system or sound devices shall be used in conjunction with any sign or
F.
advertising device.
No roof signs or signs which project above the roof shall be permitted.
G.
No exposed sources of illumination shall be permitted on any sign, or for the decoration of
H.
any building, including, but not limited to, neon or fluorescent tubing and flashing
incandescent bulbs, except when the source of illumination is within a building, and at
least ten (10) feet from a window which allows visibility from the public right-of-way, or
when a sign is internally illuminated or the source of light is fully shielded from the public
view.
No signs that use plastic as part of the exterior visual effects or are internally illuminated in
I.
the Historic District, as identified in the Ashland Comprehensive Plan, or in any residential
districts shall be permitted.
No bulletin boards or signs with changeable copy shall be permitted, except as allowed in
J.
Section 18-4.7.050.C.
No wall graphics shall be permitted.
K.
No unofficial sign which purports to be, is an imitation of, or resembles an official traffic sign
L.
or signal, or which attempts to direct the movement of traffic, or which hides from view any
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18-4.7 Signs | Historic Signs
official traffic sign or signal shall be permitted.
Vehicle signs used as static displays such that the primary purpose of the vehicle is the
M.
display of the sign, placed or parked on the public right-of-way for a continuous period of
two (2) days or more. Vehicles and equipment regularly used in the conduct of the
business such as delivery vehicles, construction vehicles, fleet vehicles, or similar uses, shall
not be subjected to this prohibition.
18-4.7.040 Sign Permits
A sign permit is required in each of the following instances:
A. Sign Permit Required.
1. Upon the erection of any new sign except exempted signs.
2. To make alteration to an existing sign, including a change in the size or materials.
Permits shall not be required for minor maintenance and repairs to existing signs or for
changes in sign copy for conforming signs.
3. To alter an existing non-conforming sign, subject to Section 18-4.7.140.
4. To erect a temporary sign for a new business subject to Section 18-4.7.040.D.
For the purposes of review by the Staff Advisor and
B. Required Information for a Sign Permit.
Building Official, a drawing to scale shall be submitted which indicates fully the material,
color, texture, dimensions, shape, relation and attachment to building and other structures,
structural elements of the proposed sign, and the size and dimensions of any other signs
located on the applicant's building or property.
The Staff Advisor or his/her designate can issue a
C. Temporary Signs for New Businesses.
permit for a temporary sign for new businesses for a period not to exceed seven days. A
permit is required for these signs but the permit fee is waived.
D.Unsafe or Illegal Signs.
1. If the Staff Advisor or Building Official shall find that any sign is unsafe or insecure, or any
sign erected or established under a sign permit has been carried out in violation of said
permit or this chapter, he/she shall give written notice to the permittee or owner thereof
to remove or alter such sign within seven (7) days.
2. The Staff Advisor or Building Official may cause any sign that is an immediate peril to
persons or property, or sign erected without a permit, to be removed immediately, and
said sign shall not be re-established until a valid permit has been issued. Failure to
remove or alter said signs as directed shall subject the permittee or owner to the
penalties prescribed in this Title.
4. Any person who erects, constructs, prints, paints or otherwise makes a sign for which a
sign permit or approval is required under Chapter 18-4.7 without first having determined
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18-4.7 Signs | Historic Signs
a permit has been obtained for such sign, has committed an infraction, and upon
conviction thereof is punishable as prescribed in section 1.08.020 of the Ashland
Municipal Code. It shall not be a defense to this section that such person erected,
constructed, printed, painted or otherwise made the sign for another.
The Planning Department shall keep a copy and
E. Sign Permit Record Required.
permanent record of each sign permit issued.
The fee for a sign permit shall be as set forth in the annual
F.Sign Permit Fee.
Miscellaneous Fees and Charges, as adopted by the City Council. The fee for any
sign that is erected without a sign permit shall be double the regular sign fee.
18-4.7.050 General Sign Regulations
The following general provisions shall govern all signs in addition to all other applicable
provisions of this chapter.
The following regulations pertaining to signs are not subject to the variance
A. Variances.
section of this Code: Section 18-4.7.030 - Prohibited Signs; Section 18-4.7.100 - Abatement
of Nuisance Signs; and Section 18-4.7.110 - Construction and Maintenance Standards; and
the size, height and number of constraints of Sections 18-4.7.060, 18-4.7.070, 18-4.7.080 and
18-4.7.090, except as may be allowed in 18-4.7.120.
No sign or portion thereof shall be placed so that it obstructs any fire
B. Obstruction by Signs.
escape, stairway or standpipe; interferes with human exit through any window of any room
located above the first floor of any building; obstructs any door or required exit from any
building; or obstructs any required light or ventilation.
Twenty (20) percent of permitted sign area may be
C. Bulletin Board or Reader Board.
allowed as a bulletin board or reader board.
D.Placement of Signs.
1. Near residential. No sign shall be located in a commercial or industrial zone so that it is
primarily visible only from a residential zone.
2. Near street intersections. No signs in excess of two and one-half (1.5) feet in height shall
be placed in the vision clearance area. The vision clearance area is the triangle formed
by a line connecting points twenty-five (25) feet from the intersection of property lines.
In the case of an intersection involving an alley and a street, a line connecting points
ten (10) feet along the alley and twenty-
triangle. When the angle of intersection between the street and the alley is less than
thirty (30) degrees, the distance shall be twenty-five (25) feet. This provision shall apply
to all zones.
3. Near driveways. No sign or portion of thereof shall be erected within ten (10) feet of
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18-4.7 Signs | Historic Signs
driveways unless the same is less than two and one-half (2.5) feet in height.
4. Future street right-of-way. No sign or portion thereof shall be erected within future street
right-of-ways, as depicted upon the Master Street Plan, unless and until an agreement is
recorded stipulating that the sign will be removed or relocated upon street
improvements at no expense to the City.
18-4.7.060 Residential and North Mountain Sign Regulations
Signs in the residential (R) and North Mountain (NM) districts shall conform to the following
regulations:
A. Special Provisions
1. No sign or portion thereof shall extend beyond any property line of the premises on
which such sign is located.
2. Internally illuminated signs shall not be permitted.
3. Nothing contained herein shall be construed as permitting any type of sign in
conjunction with a commercial use allowed as a home occupation, as no signs are
allowed in conjunction with a home occupation. Signs in residential areas are only
permitted in conjunction with a Conditional Use.
B. Type of Signs Permitted
1. Neighborhood Identification Signs. One (1) sign shall be permitted at each entry point
to residential developments not exceeding an area of six (6) square feet per sign with
lettering not over nine (9) inches in height, located not over three (3) feet above grade.
2. Conditional Uses. Uses authorized in accordance with the Chapter on Conditional Use
Permits may be permitted one (1) ground sign not exceeding an overall height of five
(5) feet and an area of fifteen (15) square feet, set back at least ten (10) feet from
property lines; or one wall sign in lieu of a ground sign. Such signs shall be approved in
conjunction with the issuance of such conditional use permit. Said signs shall not use
plastic as part of the exterior visual effect and shall not be internally illuminated.
3. Retail Uses. Retail commercial uses allowed as a
conditional use in the Railroad District and traveler's accommodations in residential
zones shall be allowed one (1) wall sign or one ground sign that meets the following
criteria:
a. The total size of the sign is limited to six (6) square feet.
b. The maximum height of any ground sign is to be three (3) feet above grade.
c. The sign must be constructed of wood and cannot be internally illuminated.
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18-4.7 Signs | Historic Signs
4. North Mountain (NM) Signs. Signs for approved non-residential uses within the NM-R-1-5,
NM-C and NM Civic zones shall be permitted one (1) ground sign not exceeding an
overall height of five (5) feet and an area of fifteen (15) square feet, set back at least
ten (10) feet from property lines; or one wall or awning sign in lieu of a ground sign. Said
signs shall not use plastic as part of the exterior visual effect and shall not be internally
illuminated.
18-4.7.070 Commercial-Downtown Overlay District (C-1-D)
Signs in the Commercial-Downtown Overlay District shall conform to the following regulations:
A. Special Provisions
1. Frontage. The number and use of signs allowed by virtue of a given business frontage
shall be placed only upon such business frontage.
2. Aggregate number of signs. The aggregate number of signs for each business shall be
two (2) signs for each business.
3. Material. No sign in the Commercial-Downtown Overlay District shall use plastic as part
of the exterior visual effects of the sign.
4. Aggregate area of signs The aggregate area of all signs established by and located on
.
a given street frontage shall not exceed an area equal to one square foot for each
lineal foot of street frontage. Aggregate area shall not include nameplates, and real
estate and construction signs.
B. Permitted Wall Signs
1. Number. Two signs per building frontage shall be permitted for each business, or one
sign per frontage for a group of businesses occupying a single common space or suite.
2. Area. Buildings with two (2) or fewer business frontages shall be permitted one (1)
square foot of sign area for each lineal foot of business frontage. For the third and
subsequent business frontage on a single building, the business shall be permitted one
(1) square foot of sign area for every two (2) lineal feet of business frontage. The
maximum sign area on any single business frontage shall not exceed sixty (60) square
feet. Business frontages of three (3) or more, on a single building, shall comply with the
a. A pedestrian entrance designed to be attractive and functional, and open to the
public during all business hours
b. The pedestrian entrance shall be accessed from a walkway connected to a public
sidewalk.
3. Projection. Signs may project a maximum of two feet from the face of the building to
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18-4.7 Signs | Historic Signs
which they are attached, provided the lowest portion of the sign is at least eight feet
above grade. Any portion lower than eight feet may only project four inches.
4. Extension Above Roofline. Signs may shall not project above the roof or eave line of the
building.
ns
C. Permitted Ground Sig
1. Number. One sign, in lieu of a wall sign, shall be permitted for each lot with a street
frontage in excess of fifty (50) lineal feet. Corner lots can count one street frontage. Two
(2) or more parcels of less than fifty (50) feet may be combined for purposes of meeting
the foregoing standard.
2. Area. Signs shall not exceed an area of one (1) square foot for each two (2) lineal feet
of street frontage, with a maximum area of sixty (60) square feet per sign.
3. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond
any property line of the premises on which such sign is located. Signs on corner
properties shall also comply with the vision clearance provisions of Section 18-4.7.050.F.
4. Height. No ground sign shall be in excess of five (5) feet above grade.
D.Permitted Marquee or Awning Signs
1. Number. A maximum of two (2) signs shall be permitted for each business frontage in
lieu of wall signs.
2. Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall
sign.
3. Projection. Signs may shall not project beyond the face of the marquee if suspended,
or above the face of the marquee if attached to and parallel to the face of the
marquee.
4. Height. Signs shall have a maximum face height of nine (9) inches if placed below the
marquee.
5. Clearance Above Grade. The lowest portion of a sign attached to a marquee shall not
be less than seven (7) feet, six (6) inches above grade.
6. Signs Painted on a Marquee. Signs can be painted on the marquee in lieu of wall signs
provided the signs do not exceed the permitted aggregate sign area not taken up by
wall signs.
E. Permitted Projection Signs.
1. Number. One (1) sign shall be permitted for each business or group of businesses
occupying a single common space or suite in lieu of a wall sign.
2. Area. Except for marquee or awning signs, a projecting sign shall not exceed an area
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18-4.7 Signs | Historic Signs
of one (1) square foot for each two (2) feet of lineal business frontage that is not
already utilized by a wall sign. The maximum area of any projecting sign shall be fifteen
(15) square feet.
3. Projection. Signs may project from the face of the building to which they are attached
a maximum of two (2) feet if located eight (8) feet above grade, or three (3) feet if
located nine (9) feet above grade or more.
4. Height and extension above roof line. Signs shall not extend above the roofline, eave or
parapet wall of the building to which they are attached, or be lower than eight (8) feet
above grade.
5. Limitation on placement. No projecting sign shall be placed on any frontage on an
arterial street as designated in the Ashland Comprehensive Plan.
F.Permitted Three-Dimensional Signs.
1. Number. One (1) three-dimensional sign shall be permitted for each lot in lieu of one
(1) 3-square foot incidental sign otherwise allowed per 18-4.7.030.H.
2. Surface Area. Flat surfaces in excess of two (2) square feet shall count toward the
total aggregate sign area per 18-4.7.070.A.4.
3. Placement. The three-dimensional sign shall be located so that no sign or portion
thereof is within a public pedestrian easement or extends beyond any property line
of the premises on which such sign is located into the public right-of-way unless the
sign is attached to the face of the building and located eight (8) feet above grade,
or the sign is attached to a marquee with the lowest portion of the sign not less than
seven (7) feet, six (6) inches above grade not projecting beyond, or above, the
face of the marquee.
4. Dimensions.No three-dimensional sign shall have a height, width, or depth in excess
of three (3) feet.
5. Volume. The volume of the three-dimensional sign shall be calculated as the entire
volume within a rectangular cube enclosing the extreme limits of all parts of the sign
and shall not exceed three (3) cubic feet. For the purposes of calculating volume
the minimum dimension for height, width, or depth shall be considered one (1) foot.
6. Materials. The three-dimensional signs shall be constructed of metal, wood, bronze,
concrete, stone, glass, clay, fiberglass, or other durable material, all of which are
treated to prevent corrosion or reflective glare. Three-dimensional signs shall not be
constructed of plastic. Three-dimensional signs shall not be internally illuminated or
contain any electrical component.
G. Permitted Portable Business Signs
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18-4.7 Signs | Historic Signs
1. Number.One (1) portable business sign, limited to sandwich boards, pedestal signs,
frame signs, flags, and wind signs, shall be allowed on each lot excepting that
buildings, businesses, shopping centers, and business complexes with permanent
ground signs shall not be permitted to have portable signs.
2. Area. Sign area shall be deducted from the aggregate sign allowed for exempt
incidental signs established in 18-4.7.020.H. Signs shall not exceed an area of four (4)
square feet per face including any border or trim, and there shall be no more than
two (2) faces.
3. Height.frame signs shall not extend more than three
(3) feet above the ground on which it is placed. Pedestal signs shall not extend
more than four (4) feet above the ground on which it is placed. A freestanding wind
sign shall not extend more than five (5) feet above the ground on which it is placed.
4. Placement. Signs shall be placed so that no sign or portion thereof shall extend
beyond any property line of the premises on which such sign is located. Portable
signs shall be located within ten feet of the business entrance and shall not be
placed on public right-of-way. No portable business sign shall be constructed and
placed so as to interfere with pedestrian ingress and egress as regulated within \[Title
5 of\] the Ashland Municipal Code.
5. General Limitations.Signs shall be anchored, supported, or designed as to prevent
tipping over, which reasonably prevents the possibility of signs becoming hazards to
public health and safety. Signs shall not be constructed of plastic, illuminated or
contain any electrical component. No objects shall be attached to a portable sign
such as but not limited to balloons, banners, merchandise, and electrical devices.
Portable business signs shall be removed at the daily close of business. These signs
are prohibited while the business is closed.
18-4.7.080 Commercial, Industrial and Employment Districts
The existing sign code does not address the Health Care Services zone, and the commercial
Comment:
sign section has historically been used for these areas. As a result, HC has been added to the
introduction of this section to make the application clear.
Signs in C-1, CM, E-1, HC, M-1commercial, industrial, employment and Croman Mill (CM)
districtszones, excepting the Downtown-Commercial Overlay District and the Freeway Overlay
District, shall conform to the following regulations:
A. Special Provisions
1. Frontage. The number and use of signs allowed by virtue of a given business frontage
shall be placed only upon such business frontage.
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18-4.7 Signs | Historic Signs
2. Aggregate number of signs. The aggregate number of signs for each business shall be
two signs for each business frontage,.
3. Aggregate area of signs.The aggregate area of all signs established by and located on
a given street frontage, shall not exceed an area equal to one square foot of sign area
for each lineal foot of street frontage. Aggregate area shall not include nameplates,
and temporary real estate and construction signs.
B. Permitted Wall Signs
1. Number. Two (2) signs per building frontage shall be permitted for each business or
group of businesses occupying a single common space or suite in lieu of a wall sign.
2. Area. Buildings with two (2) or fewer business frontages shall be permitted one (1)
square foot of sign area for each lineal foot of business frontage. For the third and
subsequent business frontages on a single building, the business shall be permitted one
(1) square foot of sign area for every two (2) lineal feet of business frontage. The
maximum sign area on any single business frontage shall not exceed sixty (60) square
feet. Business frontages of three (3) or more, on a single building, shall comply with the
a. A pedestrian entrance designed to be attractive and functional, and open to the
public during all business hours
b. The pedestrian entrance shall be accessed from a walkway connected to a public
sidewalk.
3. Projection.Except for marquee or awning signs, a projecting sign may project a
maximum of two (2) feet from the face of the building to which they are attached,
provided the lowest portion of the sign is at least eight (8) feet above grade. Any
portion lower than eight (8) feet can only project four (4) inches.
4. Extension Above Roofline. Signs may not project above the roof or eave line of the
building.
C. Permitted Ground Signs
1. Number. One (1) sign shall be permitted for each lot with a street frontage in excess of
fifty (50) lineal feet. Corner lots can count both street frontages in determining the lineal
feet of the street frontage but only one (1) ground sign is permitted on corner lots. Two
(2) or more parcels of less than fifty (50) feet may be combined for purposes of meeting
the foregoing standard.
2. Area. Signs shall not exceed an area of one (1) square foot for each two (2) lineal feet
of street frontage, with a maximum area of sixty (60) square feet per sign.
3. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond
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any property line of the premises on which such sign is located. Signs on corner
properties shall also comply with the vision clearance provisions of Section 18-4.7.050.F.
4. Height.No ground sign shall be in excess of five (5) feet above grade.
D.Permitted Awning or Marquee Signs
1. Number. Two (2) signs shall be permitted for each business frontage in lieu of wall signs.
2. Area.Signs shall not exceed the permitted aggregate sign area not taken up by a wall
sign.
3. Projection. Signs may not project beyond the face of the marquee if suspended, or
above or below the face of the marquee if attached to and parallel to the face of the
marquee.
4. Height.Signs shall have a maximum face height of nine (9) inches if attached to the
marquee.
5. Clearance above grade.The lowest portion of a sign attached to a marquee shall not
be less than seven (7) feet, six (6) inches above grade.
6. Signs Painted on a Marquee. Signs can be painted on the marquee in lieu of wall sign
provided the signs do not exceed the permitted aggregate sign area not taken up by
wall signs.
E. Permitted Portable Business Signs
1. Number.One (1) p
frame signs, flags, and wind signs, shall be allowed on each lot excepting that buildings,
businesses, shopping centers, and business complexes with permanent ground signs
shall not be permitted to have portable signs.
2. Area. Sign area shall be deducted from the aggregate sign allowed for exempt
incidental signs established in 18-4.7.020.H. Signs shall not exceed an area of four (4)
square feet per face including any border or trim, and there shall be no more than two
(2) faces.
3. Height.Sandwich board siframe signs shall not extend more than three (3)
feet above the ground on which it is placed. Pedestal signs shall not extend more than
four (4) feet above the ground on which it is placed. A freestanding wind sign shall not
extend more than five (5) feet above the ground on which it is placed.
4. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond
any property line of the premises on which such sign is located. Portable signs shall be
located within ten (10) feet of the business entrance and shall not be placed on public
right-of-way. No portable business sign shall be constructed and placed so as to
interfere with pedestrian ingress and egress as regulated within the \[Title 5 of the\]
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18-4.7 Signs | Historic Signs
Ashland Municipal Code.
5. General Limitations.Signs shall be anchored, supported, or designed as to prevent
tipping over, which reasonably prevents the possibility of signs becoming hazards to
public health and safety. Signs shall not be constructed of plastic, illuminated or contain
any electrical component. No objects shall be attached to a portable sign such as but
not limited to balloons, banners, merchandise, and electrical devices. Portable business
signs shall be removed at the daily close of business. These signs are prohibited while
the business is closed.
F.Permitted Three-Dimensional Signs
1. Number. One (1) three-dimensional sign shall be permitted for each lot in lieu of one (1)
three 3-square foot incidental sign otherwise allowed per 18-4.7.020.H.
2. Surface Area. Flat surfaces in excess of two (2) square feet shall count toward the total
aggregate sign area per 18-4.7.080.A.4.
3. Placement. The three-dimensional sign shall be located so that no sign or portion
thereof is within a public pedestrian easement or extends beyond any property line of
the premises on which such sign is located into the public right-of-way unless the sign is
attached to the face of the building and located eight (8) feet above grade, or the
sign is attached to a marquee with the lowest portion of the sign not less than seven (7)
feet, six (6) inches above grade not projecting beyond, or above, the face of the
marquee.
4. Dimensions.No three-dimensional sign shall have a height, width, or depth in excess of
three (3) feet.
5. Volume. The volume of the three-dimensional sign shall be calculated as the entire
volume within a rectangular cube enclosing the extreme limits of all parts of the sign
and shall not exceed three (3) cubic feet. For the purposes of calculating volume the
minimum dimension for height, width, or depth shall be considered one (1) foot.
6. Materials.The three-dimensional signs shall be constructed of metal, wood, bronze,
concrete, stone, glass, clay, fiberglass, or other durable material, all of which are
treated to prevent corrosion or reflective glare. Three-dimensional signs shall not be
constructed of plastic. Three-dimensional signs shall not be internally illuminated or
contain any electrical component.
18-4.7.090 Freeway Sign Zone
This special overlay zone is intended to provide for and regulate certain ground
A. Purpose.
signs that identify businesses in commercial districts located at freeway interchanges.
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Freeway sign zones shall be depicted
B. Establishment and Location of Freeway Sign Zones.
on the official zoning map of the City and identified as the Freeway Overlay District.
All signs in this district shall comply with Section 18-
C. Freeway Overlay Sign Regulations.
4.7.080, except for ground signs, which shall comply with the provisions of Section 18-
4.7.090.D, Ground Sign Regulations.
D.Ground Sign Regulations.
1. Number. One freeway sign shall be permitted for each lot in addition to the signs
allowed by 18-4.7.080 of this Chapter.
2. Area. Signs shall not exceed an area of one hundred (100) square feet per sign.
3. Height. Signs shall not exceed a height of 2,028 feet above mean sea level.
18-4.7.100 Abatement of Nuisance Signs
The following signs are hereby declared a public nuisance and shall be removed or the
nuisance abated:
Flashing sign visible from a public street or highway.
A.
Temporary, movable or portable signs located on the publicly owned right-of-way.
B.
Illegal signs.
C.
Signs in obvious disrepair that are not maintained according to the standards set forth in
D.
18-4.7.110.C.
18-4.7.110 Construction and Maintenance Standards
A. Materials of Construction
1. Single and multi-family residential districts. All signs and their supporting member may
be constructed of any material subject to the provisions of this Chapter.
2. Commercial and industrial districts. All signs and their supporting members shall be
constructed of non-combustible materials or fire-retardant treated wood which
maintains its fire-resistive qualities when tested in accordance with the rain and
weathering tests of the U.B.C. Standards No. 32-37Building Code, unless otherwise
provided in this Section.
3. Non-treated signs. All wall, ground, marquee and projecting signs of twenty square feet
or less may be constructed of non-treated wood.
4. Real estate and construction signs. All signs may be constructed of compressed wood
particle board or other material of similar fire resistivity.
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5. Directly illuminated signs. All signs illuminated from within may be faced with plastics
approved by the Building Code.
6. Glass. All glass used in signs shall be shatter-resistant, or covered by a shatter-resistant
material.
7. Wood. Wood in contact with the ground shall be foundation-grade redwood,
foundation-grade cedar, all heartwood cypress, or any species of wood that has been
pressure-treated with an approved preservative. Trim and backing strips may be
constructed of wood.
B. Construction Methods
1. All signs shall be constructed of such materials or treated in such manner that normal
weathering will not harm, deface or otherwise affect the sign.
2. All letters, figure and similar message elements shall be safely and securely attached to
the sign structure.
3. All signs shall be designed and constructed to resist the applicable wind loads set forth
in the Building Code.
All signs shall be maintained at all times in a state of good repair, and no
C. Maintenance.
person shall maintain or permit to be maintained on any premises owned or controlled by
him/her, any sign which is in a sagging, leaning, fallen, decayed, deteriorated or other
dilapidated or unsafe condition.
18-4.7.120 Nonconforming Signs
Any sign which does not conform with a provision of Chapter 18-4.7 and has been in existence
for more than five (5) years is subject to the requirements of this Section, as follows:
It is unlawful to alter any existing
A. Alteration of Any Existing Nonconforming Sign.
nonconforming sign. The sign must be brought into conformance with this Title upon any
physical alteration. Acts of God or vandalism which damage these nonconforming signs
shall be exempt from this Section, if the cost of the repair is less than 50% of the cost of
replacing the sign with a conforming sign. However, the signs must be restored to their
original design with a $10.00 fee will be Sign Permit required prior to the repair work.
Any nonconforming sign used by a business,
B. Land Use Actions Requiring Conformance.
shopping center, or business complex must be brought into conformance prior to any
expansion or change in use that requires a Site Review or Conditional Use Permit. All
nonconforming signs must be brought into conformance with Chapter 18-4.7, the same
provisions as are required for new signs. No building permits for new construction may be
issued until this provision is complied with.
Variances can be granted using the variance procedure of Chapter 18-
C. Sign Variances.
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5.7. this Title to alleviate unusual hardships or extraordinary circumstances which exist in
bringing nonconforming signs into conformity. The variance granted shall be the minimum
required to alleviate the hardship or extraordinary circumstance.
18-4.7.130 Enforcement
The portions of this Chapter relating to the structural characteristics and safety of signs shall be
enforced by the Building Official or his/her designate, \[pursuant to Title 5 of the Ashland
Municipal Code\]; all other portions shall be enforced by the Staff Advisor or designate.
18-4.7.140 Governmental Signs
Governmental agencies may apply for a Conditional Use Permit to place a sign that does not
conform to this chapter when it is determined that, in addition to meeting the criteria for a
conditional use, the sign is necessary to further that agency's public purpose.
18-4.7.150 Historic Signs
The inventory of historically significant signs shall be established by
A. Historic Sign Inventory.
resolution of the City Council.
All signs for which designation as a Historic Sign are
B. Criteria for Designation of Historic Signs.
requested shall be substantially in existence at the time of the application; shall be
displayed in their original location; shall be in association with an important event, person,
group, or business in the history of the City of Ashland; shall follow a guideline of being in
existence for approximately 40 years; and shall meet one of the following criteria:
1. The sign is exemplary of technology, craftsmanship or design of the period when it was
constructed, uses historic sign materials or means of illumination, and is not significantly
altered from its historic period. If the sign has been altered, it must be restorable to its
historic appearance.
2. The sign is integrated into the architecture of the building and is exemplary of a
historically significant architectural style.
The owner of any sign may request that said sign
C. Procedure for Designating Historic Signs.
be reviewed for significance in the Historic Sign Inventory upon written application to the
City Council. Application fees shall be the same as for Type II applications. Applications
shall include written findings addressing the criteria for designation of historic signs, and
current and historic photographs of the sign, if available.
1. The Council shall refer all requests for inclusion on the Historic Sign Inventory to the
Historic Commission for review and recommendation to the Council within thirty (30)
days of the request. Notice of the Historic Commission meeting shall be mailed to all
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18-4.7 Signs | Historic Signs
affected property owners within one hundred (100) feet of the subject property. If a
recommendation is not made within thirty (30) days, the request shall be forwarded to
the Council without a recommendation.
2. The Council shall, after receiving the recommendation of the Historic Commission or
after thirty (30) days, provide notice to all affected property owners within (100) feet of
the subject property of a public hearing before the City Council.
3. The Council shall decide, based on the criteria above and the recommendation of the
Historic Commission, whether to approve the request to include the sign on the
inventory.
4. Inclusion on the Historic Sign Inventory shall be by resolution of the Council.
5. The burden of proof shall be on the applicant.
Signs on the Historic Sign Inventory in any
D.Historic Signs Exempt from Certain Requirements.
zone shall be exempt from the requirements of Chapter 18-4.7, except Sections 18-4.7.100
and 18-4.7.110.D. Also, that the sign area of the historic sign is exempted from the total
allowable sign area, as defined in this Section, except as modified by Council conditions in
E. below.
. The City Council shall have the authority to impose conditions
E. Conditions on Historic Signs
regulating area, maintenance, etc. on the signs included in the Historic Sign Inventory to
further the purpose and intent of Chapter 18-4.7.
Removal or demolition of a Historic Sign shall be done under permit
F.Removal or Demolition.
and approval of the Staff Advisor. The Historic Commission shall review the permit at their
next regularly scheduled meeting and shall have the authority to delay issuance for 30
days from the date of their review meeting. Such delay shall be to allow the Commission
the opportunity to discuss alternate plans for the sign with the applicant.
Signs on the Historic Sign Inventory, which have been
G. Involuntary Damage or Destruction.
destroyed or damaged by fire or other calamity, by act of God or by public enemy to an
extent greater than 50%, may be reconstructed in an historically accurate manner. Such
reconstruction shall be authorized by the City Council, only after determination that the
reconstruction will be an accurate duplication of the historic sign, based on review of
photographic or other documentary evidence specifying the historic design. The Historic
Commission shall review and make recommendations to the City Council on all such
reconstructions.
H. Maintenance and Modification of Historic Signs.
1. All parts of the historic sign, including but not limited to neon tubes, incandescent lights
and shields, and sign faces, shall be maintained in a functioning condition as historically
intended for the sign. Replacement of original visible components with substitutes to
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retain the original appearance shall be permitted provided such replacements
accurately reproduce the size, shape, color and finish of the original. Failure to maintain
the sign in accord with this section shall be grounds for review of the historic sign
designation by the City Council.
2. Modifications of a historic sign may be allowed, after review by the Historic Commission
and approval by the City Council, only if such modifications do not substantially
change the historic style, scale, height, type of material or dimensions of the historic
sign, and does not result in a sign which does not meet the criteria for designation as a
historic sign.
3. Changes in the location of a historic sign may be allowed, after review by the Historic
Commission and approval by the City Council, only if such locational change does not
result in the sign no longer meeting the criteria for designation as a historic sign.
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18-4.8 Solar Access
Chapter 18-4.8 - Solar Access
Sections
18-4.8.010 Purpose
18-4.8.020 Applicability
18-4.8.030 Lot Classifications
18-4.8.040 Solar Setbacks
18-4.8.050 Solar Access Performance Standard
18-4.8.060 Variances
18-4.8.070 Solar Access Permit for Protection from Shading by Vegetation
18-4.8.080 Hearing Procedure
18-4.8.090 Limits On Solar Access Permits
18-4.8.100 Entry of Solar Access Permit Into Register
18-4.8.110 Effect and Enforcement.
This chapter carries forward 18.70 Solar Access with only minor edits, renumbering of sections
Comment:
and cross-references, and removal of the definitions. The definitions are consolidated in Part 18-6, and
the Applicability section below is a placeholder.
18-4.8.010 Purpose
The purpose of the Solar Access Chapter is to provide protection of a reasonable amount of
sunlight from shade from structures and vegetation whenever feasible to all parcels in the City
to preserve the economic value of solar radiation falling on structures, investments in solar
energy systems, and the options for future uses of solar energy.
18-4.8.020 Applicability
18-4.8.030 Lot Classifications
Affected Properties. All lots shall meet the provisions of this section and will be classified
according to the following formulas and table:
FORMULA I:
Minimum N/S lot dimension for Formula I = 30'
0.445 + S
Where: S is the decimal value of slope, as defined in Part 18-6 Definitions and Rules of
Measurements.
FORMULA II:
Minimum N/S lot dimension for Formula II = 10'
0.445 + S
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Lots whose north-south lot dimension exceeds that calculated by Formula I shall be required to
meet the setback in Section (A), below.
Those lots whose north-south lot dimension is less than that calculated by Formula I, but greater
than that calculated by Formula II, shall be required to meet the setback in Section (B), below.
Those lots whose north-south lot dimension is less than that calculated by Formula II shall be
required to meet the setback in subsection 18-4.8.040.C below.
TABLE I
Lot Classification Standards
Slope -.30 -.25 -.20 -.15 -.10 -.05 0.0 .05 .10 .15 .20
STD A 207 154 122 102 87 76 67 61 55 50 46
STD B 69 51 41 34 29 25 22 20 18 17 15
18-4.8.040 Solar Setbacks
This setback is designed to insure that shadows are no greater than six
A. Setback Standard A.
(6) feet at the north property line. Buildings on lots which are classified as Standard A, and
zoned for residential uses, shall be set back from the northern lot line according to the
following formula:
SSB = H - 6'
0.445 + S
Where:
SSB = the minimum distance in feet that the tallest shadow producing point which creates
the longest shadow onto the northerly property must be set back from the northern
property line.
H = the height in feet of the highest shade producing point of the structure which casts the
longest shadow beyond the northern property line.
S = the slope of the lot, as defined in this Chapter.
This setback is designed to insure that shadows are no greater than
B. Setback Standard B.
sixteen (16) feet at the north property line.
Buildings for lots which are classified as Standard B, or for any lot zoned C-1, E-1 or M-1,C-1
and not exempt by section 18-4.8.040.D.2, or for any lot not abutting a residential zone to
the north, shall be set back from the northern lot line as set forth in the following formula:
SSB = H - 16'
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18-4.8 Solar Access
0.445 + S
This setback is designed to insure that shadows are no greater than
C. Setback Standard C.
twenty-one (21) feet at the north property line.
Buildings for lots in any zone whose north/south lot dimension is less than Standard B shall
meet the setback set forth in the following formula:
SSB = H - 21'
0.445 + S
The highlighted language in subsection D.2 carries forward the existing exemptions in
Comment:
18.32.050 C-1-D(Downtown), 18.53.050 CM (Croman Mill) and 18.30.030.D NM-C (North Mountain
Neighborhood Central Overlay. The addition of the C-1 zone (Commercial) is a revision the Planning
Commission discussed in November 2012 as a change to Part 2 Zoning Regulations, and as per the
Commissions input on the Policy Issues and Recommendations from the 2006 Land Use Ordinance
Review. The revised language in section B on the previous page is for consistency with the change
below.
D.Exemptions.
1. Steep Slopes. Any lot with a slope of greater than thirty percent (30%) in a northerly
direction, as defined by this Ordinance, shall be exempt from the effects of the Solar
Setback Section.
2. Zones. The solar access setback does not apply in the C-1-D, CM, NM-C zones, and to
properties not abutting a Residential zone in the C-1 zone.
3. Existing Shade Conditions. If an existing structure or topographical feature casts a
shadow at the northern lot line at noon on December 21, that is greater than the
shadow allowed by the requirements of this Section, a structure on that lot may cast a
shadow at noon on December 21, that is not higher or wider at the northern lot line
than the shadow cast by the existing structure or topographical feature. This Section
does not apply to shade caused by vegetation.
4. Actual Shadow Height. If the applicant demonstrates that the actual shadow that
would be cast by the proposed structure at noon on December 21 is no higher than
that allowed for that lot by the provisions of this Section, the structure shall be
approved. Refer to Table D for actual shadow lengths.
All structures on a lot affected by a solar envelope shall
E. Lots Affected By Solar Envelopes.
comply with the height requirements of the solar envelope.
18-4.8.050 Solar Access Performance Standard
All land divisions which create new lots shall be designed to
A. Assignment of Solar Factor.
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18-4.8 Solar Access
permit the location of a twenty-one (21) foot high structure with a setback which does not
exceed fifty (50%) percent of the lot's north-south lot dimension. Lots having north facing
(negative) slopes of less than fifteen percent (15%) (e.g., 10%), and which are zoned for
residential uses, shall have a north-south lot dimension equal to or greater than that
calculated by using Formula I. Lots having north facing (negative) slopes equal to or
greater than fifteen percent (15%) (e.g., 20%), or are zoned for non-residential uses, shall
have a north-south lot dimension equal to or greater than that calculated by using Formula
II.
If the applicant chooses not to design a lot so that it meets the standards
B. Solar Envelope.
set forth in above, a Solar Envelope shall be used to define the height requirements
that will protect the applicable Solar Access Standard. The Solar Envelope, and written
description of its effects, shall be filed with the land partition or subdivision plat for the lot(s).
18-4.8.060 Exceptions
eworked using the exception
Comment:
terminology.
A. Variances to this Chapter shall be processed as a Type I procedure, except that variances
granted under subsection B of this Section may be processed as a Staff Permit.
The city reviewing authority may grant exceptions to the standards contained in Chapter 18-
4.8 Solar Access 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 below are met:
A variance may be granted with the following findings being the sole facts considered by
the Staff Advisor:
1. That the owner or owners of all property to be shaded sign, and record with the County
Clerk on the affected properties' deed, a release form supplied by the City containing
the following information:
a. The signatures of all owners or registered leaseholders holding an interest in the
property in question.
b. A statement that the waiver applies only to the specific building or buildings to
which the waiver is granted.
c. A statement that the solar access guaranteed by this Section is waived for that
particular structure and the City is held harmless for any damages resulting from the
waiver.
d. A description and drawing of the shading which would occur, and
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2.The Staff Advisor finds that:
a. The exception does not preclude the reasonable use of solar energy on the site by
future buildings; and
b. The exception does not diminish any substantial solar access benefiting a habitable
structure on an adjacent lot.
c. There are unique or unusual circumstances that apply to this site which do not
typically apply elsewhere.
A solar access permit can be applied for by to protect a property with a solar energy system
Comment:
from being shaded by vegetation (shading by buildings is protected by the solar setback requirements
of this chapter). The current code requires that the city record a solar access permit on neighboring
properties. However, this was determined to be legally problematic, and staff worked with the City
The amendments are intended
to remove the requirement to record the solar access restriction, and instead make it a violation of city
code if vegetation begins to shade the solar energy system during solar heating hours.
18-4.8.070 Solar Access Permit for Protection from Shading by Vegetation
A. A Solar Access Permit is applicable in the City of Ashland for protection of shading by
vegetation only. The setback provisions of this ordinance protect shading by buildings.
B.Any property owner or lessee, or agent of either, may apply for a Solar Access Permit from
the Staff Advisor. The application shall be in such form as the Staff Advisor may prescribe
but shall, at a minimum, include the following:
1. A fee
of Fifty ($50.00) Dollars plus Ten ($10.00) Dolllars for each lot affected by the Solar
pursuant to the Fee Schedule adopted by City Council.
Access Permit
2. The applicant's name and address, the owner's name and address, and the tax lot
number of the property where the proposed solar energy system is to be located.
3. A statement by the applicant that the solar energy system is already installed or that it
will be installed on the property within one (1) year following the granting of the permit.
4. The proposed site and location of the solar energy system, its orientation with respect to
true south, and its slope from the horizontal shown clearly in drawing form.
5. A sun chart.
6. The tax lot numbers of a maximum of ten (10) adjacent properties proposed to be
subject to the Solar Access Permit. A parcel map of the owner's property showing such
adjacent properties with the location of existing buildings and vegetation, with all
exempt vegetation labeled exempt.
7. The Solar Access Permit height limitations as defined in Section 18-4.8.050 of this
Ordinance, for each affected property which are necessary to protect the solar energy
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18-4.8 Solar Access
system from shade during solar heating hours. In no case shall the height limitations of
the Solar Access Permit be more restrictive than the building setbacks.
C. If the application is complete and complies with this Ordinance, the Staff Advisor shall
accept the solar access recordation application and notify the applicant. The applicant is
responsible for the accuracy of all information provided in the application.
D. The Staff Advisor shall send notice by certified letter, return receipt requested, to each
owner and lessee of property proposed to be subject to the Solar Access Permit.
registered
The letter shall contain, at a minimum, the following information:
1. The name and address of the applicant.
2. A statement that an application for a Solar Access Permit has been filed.
3. Copies of the collector location drawing, sunchart, and parcel map submitted by the
applicant.
4. A statement that the Solar Access Permit, if granted, imposes on them duties to trim
vegetation at their expense.
5. The advisability of obtaining photographic proof of the existence of trees and large
shrubs.
6. The times and places where the application may be viewed.
7. Telephone number and address of the City departments that will provide further
information.
8. That any adversely affected person may object to the issuance of the permit by a
stated time and date, and how and where the objection must be made.
E. If no objections are filed within thirty (30) days following the date the final certified letter is
mailed, the Staff Advisor shall issue the Solar Access Permit.
F.If any adversely affected person or governmental unit files a written objection with the Staff
Advisor within the specified time, and if the objections still exist after informal discussions
among the objector, appropriate City Staff, and the applicant, a hearing date shall be set
and a hearing held in accordance with the provisions of Section 18-4.8.080.
18-4.8.080 Hearing Procedure
A. The Staff Advisor shall send notice of the hearing on the permit application to the
applicant and to all persons originally notified of the Solar Access Permit application, and
shall otherwise follow the procedures for a Type II hearing.
B.The Staff Advisor shall consider the matters required for applications set forth in Section 18-
4.8.070.B on which the applicant shall bear the burden of proof, and the following factor
City of Ashland 4 -27 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.8 Solar Access
on which the objector shall bear the burden of proof: A showing by the objector that the
proposed collector would unreasonably restrict the planting of vegetation on presently
under-developed property.
1. If the objector is unable to prove these circumstances and the applicant makes the
showings required by Section 18-4.8.060.B, the Staff Advisor shall approve the permit.
2. If the applicant has failed to show all structures or vegetation shading of the proposed
collector location in his application, the Staff Advisor may approve the permit while
adding the omitted shading structures or vegetation as exemptions from this Chapter.
3. If the objector shows that an unconditional approval of the application would
unreasonably restrict development of the objector's presently under-developed
property, the Staff Advisor may approve the permit, adding such exemptions as are
necessary to allow for reasonable development of the objector's property.
4. If the Staff Advisor finds that the application contains inaccurate information that
substantially affects the enforcement of the Solar Access Permit, the application shall
be denied.
C. Any decision by the Staff Advisor is subject to review before the Planning Commission as a
Type II planning action according to the usual procedures contained in this Title.
18-4.8.090 Limits On Solar Access Permits
A. No Solar Access Permit may be filed which would restrict any lot which has an average
slope of fifteen (15) percent in the northerly direction.
B.A Solar Access Permit becomes void if the use of the solar collector is discontinued for
more than twelve (12) consecutive months or if the solar collector is not installed and
operative within twelve (12) months of the filing date of the Solar Access Permit. The
applicant may reapply for a Solar Access Permit in accordance with Chapter 18-4.8.070,
however, the application fee shall be waived.
18-4.8.100 Entry of Solar Access Permit Into Register
A. When a Solar Access Permit is granted, the Staff Advisor shall:
1. File the Solar Access Permit with the County Clerk. This shall include the owner's name
and address and tax lot of the property where the recorded collector is to be located,
any special exceptions or exemptions from the usual affects of a Solar Access Permit,
and the tax lots of the ten (10) or fewer adjacent properties subject to the Solar Access
Permit.
2. File a notice on each affected tax lot that the Solar Access Permit exists and that it may
City of Ashland 4 -28 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.8 Solar Access
affect the ability of the property owner to grow vegetation, and that it imposes certain
obligations on the property owner to trim vegetation.
3. Send a certified letter, return receipt requested, to the applicant and to each owner and
registered lessee of property subject to the Solar Access Permit stating that such permit
has been granted.
B. If a Solar Access Permit becomes void under Section 18-4.8.090.B, the Staff Advisor shall
notify the County Clerk, the recorded owner, and the current owner and lessee of property
formerly subject to the Solar Access Permit.
18-4.8.110 Effect and Enforcement
A. No City department shall issue any development permit purporting to allow the erection of
any structure in violation of the setback provisions of this Chapter.
B.
No one shall plant any vegetation that shades a recorded collector, or a recorded
collector location if it is not yet installed, after receiving notice of a pending Solar Access
Permit application or after issuance of a permit. After receiving notice of a Solar Access
Permit or application, no one shall permit any vegetation on their property to growin such
a manner as to shade a recorded collector (or a recorded collector location if it is not yet
No person owning, or in control of, property shall allow vegetation to be placed,
installed)
or, if placed, to grow on such property in such a manner as to shade a solar energy system
protected by a solar access permit on the property of another unless the vegetation is
specifically exempted by the permit or by this Ordinance.
C. If vegetation is not trimmed as required or is permitted to grow contrary to Section 18-
4.8.100(B), the owner of property with a solar access permit or the City, on
recorded
complaint by such owner, shall give notice of the shading by certified mail,
the recorded
return receipt requested, to the owner or lessee of the property where the
registered
shading vegetation is located. If the property owner or lessee fails to remove the shading
vegetation within thirty (30) days after receiving this notice, an injunction may be issued,
upon complaint of the owner, lessee, or the City, by any court of
recordedrecorded
jurisdiction. The injunction may order the owner or lessee to trim the
recorded registered
vegetation, and the court shall order the violating owner or lessee to
recorded registered
pay any damages to the complainant, to pay court costs, and to pay the complainant
reasonable attorney's fees incurred during trial and/or appeal.
D. If personal jurisdiction cannot be obtained over either the offending property owner or
lessee, the City may have a notice listing the property by owner, address and
registered
legal description published once a week for four (4) consecutive weeks in a newspaper of
general circulation within the City, giving notice that vegetation located on the property is
in violation of this Ordinance and is subject to mandatory trimming. The City shall then
City of Ashland 4 -29 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.8 Solar Access
have the power, pursuant to court order, to enter the property, trim or cause to have
trimmed the shading parts of the vegetation, and add the costs of the trimming, court
costs and other related costs as a lien against that property.
E. In addition to the above remedies, the shading vegetation is declared to be a public
nuisance and may be abated through Title 9 of the Ashland Municipal Code.
F.Where the property owner or lessee contends that particular vegetation is
registered
exempt from trimming requirements, the burden of proof shall be on the property owner or
lessee to show that an exemption applies to the particular vegetation.
Ashland Setback Table - Setback Standard "A"
Slope
Height in feet
-------
0.30 0.25 0.20 0.15 0.10 0.05 0.00 0.05 0.10 0.15
8 * 14 10 8 7 6 5 4 4 4 3
10 * 28 20 6 4 2 0 9 8 7 7
12 * 41 31 24 20 17 15 13 21 11 10
14 * 55 41 33 27 23 20 18 16 15 13
16 * 69 51 41 34 29 25 22 20 18 17
18 * 83 61 49 41 35 30 27 24 22 20
20 * 96 72 57 47 41 35 31 28 26 24
22 * 110 82 65 54 46 40 36 32 29 27
24 * 124 92 73 61 52 46 40 36 33 30
26 * 138 102 82 68 58 51 45 40 37 34
28 * 151 113 90 75 64 56 49 44 40 37
30 * 165 123 98 81 70 61 54 48 44 40
32 * 179 133 106 88 75 66 58 53 48 44
34 * 193 143 114 95 81 71 63 57 51 47
36 * 207 154 122 102 87 76 67 61 55 50
38 * 220 164 130 108 93 81 72 65 59 54
40 * 234 174 139 115 98 86 76 69 62 57
Ashland Setback Table - Setback Standard "B"
Slope
Height in feet
-----
0.30 0.00 0.05 0.10 0.15
0.25 0.20 0.15 0.10 0.05
City of Ashland 4 -30 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.8 Solar Access
Slope
Height in feet
-----
0.30 0.00 0.05 0.10 0.15
0.25 0.20 0.15 0.10 0.05
8 * 0 0 0 0 0 0 0 0 0 0
10 * 0 0 0 0 0 0 0 0 0 0
12 * 0 0 0 0 0 0 0 0 0 0
14 * 0 0 0 0 0 0 0 0 0 0
16 * 0 0 0 0 0 0 0 0 0 0
18 * 14 10 8 7 8 5 4 4 4 3
20 * 28 20 16 14 12 10 9 8 7 7
22 * 41 31 24 20 17 15 13 12 11 10
24 * 55 41 33 27 23 20 18 16 15 13
26 * 69 51 54 34 29 25 22 20 18 17
28 * 83 61 49 41 35 30 27 24 22 20
30 * 96 72 57 47 41 35 31 28 26 24
32 * 110 82 65 54 46 40 36 35 29 27
34 * 124 92 73 61 52 46 40 36 33 30
36 * 138 102 82 68 58 51 45 40 37 34
38 * 151 113 90 75 64 56 49 44 40 37
40 * 165 123 98 81 70 61 54 48 44 40
Ashland Setback Table - Setback Standard "C"
Slope
Height in feet
-----
0.30 0.00 0.05 0.10 0.15
0.25 0.20 0.15 0.10 0.05
8 * 0 0 0 0 0 0 0 0 0 0
10 * 0 0 0 0 0 0 0 0 0 0
12 * 0 0 0 0 0 0 0 0 0 0
14 * 0 0 0 0 0 0 0 0 0 0
16 * 0 0 0 0 0 0 0 0 0 0
18 * 0 0 0 0 0 0 0 0 0 0
20 * 0 0 0 0 0 0 0 0 0 0
22 * 7 5 4 3 3 3 2 2 2 2
24 * 21 15 12 10 9 8 7 6 6 6
26 * 34 26 20 17 14 13 11 10 9 8
28 * 48 36 29 24 20 18 16 14 13 12
30 * 62 46 37 30 26 23 20 18 17 15
City of Ashland 4 -31 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.8 Solar Access
32 * 76 56 45 37 32 28 25 22 20 18
34 * 90 67 53 44 38 33 29 26 24 22
36 * 103 77 61 51 43 38 34 30 28 25
38 * 117 87 69 58 49 43 38 34 31 29
40 * 131 97 77 64 55 48 43 38 35 32
City of Ashland 4 -32 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.8 Solar Access
Ashland Setback Table "D" - Actual Shadow Length (at solar noon on December 21st)
Slope
Height in feet
-----
0.30 0.00 0.05 0.10 0.15
0.25 0.20 0.15 0.10 0.05
8 * 55 41 33 27 23 20 18 16 15 13
10 * 69 51 41 34 29 25 22 20 18 17
12 * 83 61 49 41 35 30 27 24 22 20
14 * 96 72 57 47 41 35 31 28 26 24
16 * 110 82 65 54 46 40 36 32 29 27
18 * 124 92 73 61 52 46 40 36 33 30
20 * 138 102 82 68 58 51 45 40 37 34
22 * 151 113 90 75 64 56 49 44 40 37
24 * 165 123 98 81 70 61 54 48 44 40
26 * 179 133 106 88 75 66 58 53 48 44
28 * 193 143 114 95 81 71 63 57 51 47
30 * 207 154 122 102 87 76 67 61 55 50
32 * 220 164 130 108 93 81 72 65 59 54
34 * 234 174 139 115 98 86 76 69 62 57
36 * 248 184 147 122 104 91 81 73 66 60
38 * 262 195 155 129 110 96 85 77 70 64
40 * 275 205 163 135 116 101 90 81 73 67
City of Ashland 4 -33 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.8 Solar Access
Chapter 18-4.9 - Subdivision Design
The existing subdivision design standards in 18.80 are not often used because applicants
Comment:
routinely choose the Performance Standards Option. The existing standards will be reviewed, and
updated as needed based Green Building best practices. This chapter is reserved for updates to 18.80,
particularly sections18.80.020 and 18.80.030.
18-4.9.010 Purpose
xxx
City of Ashland 4 -34 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.10 Grading and Excavation
Chapter 18-4.10 - Grading and Excavation
This section is reserved for commercial excavation standards,18.68.080, and the
Comment:
grading requirements contained in the Site Design and Use Standards. The standards should be
updated based on a review of Green Building best practices.
18-4.10.010 Purpose
xxx
City of Ashland 4 -35 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.11 Tree Preservation and Protection
Chapter 18-4.11 - Tree Preservation and Protection
This section carries forward the existing tree preservation and protection standards of
Comment:
Chapter 18.61 Tree Preservation and Protection . The bulk of Chapter 18.61 covers the tree removal
permit process, and will be included in Part 18-5 Application Review Procedures and Approval Criteria in
the next draft.
Sections
18-4.11.010 Purpose
18-4.11.020 Applicability
18-4.11.030 Tree Protection
18-4.11.040 Performance Security
18-4.11.010 Purpose
The City of Ashland recognizes the importance of trees to the character and beauty of
Ashland as well as the role that trees have in advancing the public health, safety and welfare.
The City has therefore determined that reasonable regulation of the removal of certain trees is
necessary and that this regulation of trees is based upon the following general guidelines:
A. The City recognizes that trees can provide soil stability, noise buffering, and wind protection
benefits. The City of Ashland greatly values trees for their ecological importance,
temperature mitigation, enhanced wildlife habitat and aesthetics.
B.The City recognizes the special significance of heritage and distinctive trees, and values
the contribution, which such trees make to the beauty and quality of life of Ashland.
C. The City recognizes that because of the known benefits of trees, development property
should be protected from unregulated removal of trees prior to the approval or'
development plans. Trees on such properties should be preserved so that they may be
considered for incorporation into development plans.
D. The City recognizes that residents in single-family zones should have the freedom to
determine the nature of their private landscaped surroundings.
E. The City recognizes that city-owned property and properties located in multi-family
residential zones often have special landscaping circumstances, and that these special
circumstances have the potential to affect significantly larger numbers of persons if
unregulated. Because of this, such properties require reasonable regulation.
18-4.11.020 Applicability
City of Ashland 4 -36 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.11 Tree Preservation and Protection
Chapter 18-4.11 applies to residential, commercial and manufacturing developments
that are subject to chapter 18-5.X Tree Preservation and Protection.
18-4.11.130 Tree Protection
A. Tree Protection Plan Required.
1. A Tree Protection Plan approved by the Staff Advisor shall be required prior to
conducting any development activities including, but not limited to clearing, grading,
excavation, or demolition work on a property or site, which requires a planning action
or building permit.
2. In order to obtain approval of a Tree Protection Plan; an applicant shall submit a plan
to the City, which clearly depicts all trees to be preserved and/or removed on the site.
The plan must be drawn to scale and include the following:
a. Location, species, and diameter of each tree on site and within 15 feet of the site;
b. Location of the drip line of each tree;
c. Location of existing and proposed roads, water, sanitary and storm sewer, irrigation,
and other utility lines/facilities and easements;
d. Location of dry wells, drain lines and soakage trenches;
e. Location of proposed and existing structures;
f. Grade change or cut and fill during or after construction;
g. Existing and proposed impervious surfaces;
h. Identification of a contact person and/or arborist who will be responsible for
implementing and maintaining the approved tree protection plan; and
i. Location and type of tree protection measures to be installed per section 18-
4.11.130.B.
3. For development requiring a planning action, the Tree Preservation Plan shall include
an inventory of all trees on site, their health or hazard condition, and recommendations
for treatment for each tree.
B. Tree Protection Measures Required.
1. Except as otherwise determined by the Staff Advisor, all required tree protection
measures set forth in this section shall be instituted prior to any development activities,
including, but not limited to clearing, grading, excavation or demolition work, and shall
be removed only after completion of all construction activity, including landscaping
and irrigation installation.
City of Ashland 4 -37 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.11 Tree Preservation and Protection
2. Chain link fencing, a minimum of six feet tall with steel posts placed no farther than ten
feet apart, shall be installed at the edge of the tree protection zone or dripline,
whichever is greater, and at the boundary of any open space tracts, riparian areas, or
conservation easements that abut the parcel being developed.
3. The fencing shall be flush with the initial undisturbed grade.
4. Approved signs shall be attached to the chain link fencing stating that inside the
fencing is a tree protection zone, not to be disturbed unless prior approval has been
obtained from the Staff Advisor for the project.
5. No construction activity shall occur within the tree protection zone, including, but not
limited to dumping or storage of materials such as building supplies, soil, waste items,
equipment, or parked vehicles.
6. The tree protection zone shall remain free of chemically injurious materials and liquids
such as paints, thinners, cleaning solutions, petroleum products, and concrete or dry
wall excess, construction debris, or m-off.
7. No excavation, trenching, grading, root pruning or other activity shall occur within the
tree protection zone unless approved by the Staff Advisor.
The applicant shall not proceed with any construction activity, except
C. Inspection.
installation of erosion control measures, until the City has inspected and approved the
installation of the required tree protection measures and a building and/or grading permit
has been issued by the City.
18-4.11.140 Performance Security
The City may require the permittee to post with the City a bond, or other suitable collateral as
determined by the city administrator, ensuring the satisfactory completion and maintenance
of the tree protection plan. Suitable collateral may be in the form of letters of credit,
certificates of deposit, cash bond, or bonds issued by an insurance company legally doing
business in the State of Oregon.
City of Ashland 4 -38 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.12 Disc Antennas
Chapter 18-4.12 - Disc Antennas
in 18.72.170. Sections G
and H are deleted because these items are covered by building code.
Sections
18-4.12.010 Purpose
18-4.12.020 Applicability
18-4.12.030 Building Permit Required
18-4.12.040 Development Standards
18-4.12.010 Purpose
To protect public health and safety and to ensure compliance with building codes.
18-4.12.020 Applicability
Chapter 18-4.12 applies to all disc antennas, including exempt antennas in accordance with
section 18-5.2.A.9 and those that are subject to chapter 5.2 Site Design Review, section 18-
5.2.C.3.b.
18-4.12.020 Building Permit Required
All disc antennas shall be subject to review and approval of the building official where
required by the Building Code.
18-4.12.030 Development Standards
All disc antennas shall be located, designed, constructed, treated and maintained in
accordance with the following standards:
Antennas shall be installed and maintained in compliance with the requirements of the
A.
Building Code.
Disc antennas exceeding one (1) meter in diameter shall not be permitted on the roof,
B.
except where there is no other location on the lot which provides access to receiving or
transmitting signals. In no case shall any part of any antenna be located more than ten
feet above the apex of the roof surface. Antennas mounted on the roof shall be located in
the least visible location as viewed from adjacent right-of-ways, and residential structures in
residential zones.
City of Ashland 4 -39 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.12 Disc Antennas
No more than one disc antenna shall be permitted on each lot, except three (3) or fewer
C.
parabolic disc antennas, each under one (1) meter in diameter, is permitted on any one
lot or dwelling unit in accordance with 18-5.2.C.3b.
Ground mounted disc antennas shall be erected or maintained to the rear of the main
D.
building, except in those instances when the subject property is cul-de-sac or corner lot
where the side yard is larger than the rear yard, in which case the antenna may be
located in the side yard. Antennas shall not be located in any required setback area. No
portion of an antenna array shall extend beyond the property lines or into any front yard
area. Guy wires shall not be anchored within any front yard area but may be attached to
the building.
Antennas may be ground-mounted, free standing, or supported by guy wires, buildings, or
E.
other structures in compliance with the manufacturer's structural specifications. Ground-
mounted antennas shall be any antenna with its base mounted directly in the ground,
even if such antenna is supported or attached to the wall of a building.
The antenna, including guy wires, supporting structures and accessory equipment, shall be
F.
located and designed so as to minimize the visual impact on surrounding properties and
from public streets. Antennas shall be screened through the addition of architectural
features and/or landscaping that harmonize with the elements and characteristics of the
property. The materials used in constructing the antenna shall not be unnecessarily bright,
shiny, garish, or reflective. Whenever possible, disc antennas shall be constructed out of
mesh material and painted a color that will blend with the background.
G. Antennas shall meet all manufacturer's specifications. The mast or tower shall be non-
combustible. Corrosive hardware, such as brackets, turnbuckles, clips and similar type
equipment if used, shall be protected by plating or otherwise to guard against corrosion.
H. Every antenna must be adequately grounded, for protection against a direct strike of
lightning, with an adequate ground wire. Ground wires shall be of the type approved by
the latest edition of the Electrical Code for grounding masts and lightning arrestors and
shall be installed in a mechanical manner, with as few bends as possible, maintaining a
clearance of at least two inches from combustible materials. Lightning arrestors shall be
used that are approved as safe by the Underwriters' Laboratories, Inc., and both sides of the
line must be adequately protected with proper arrestors to remove static charges
accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used,
lightning arrestors must be installed in each conductor. When coaxial cable or shielded
twin lead is used for lead-in, suitable protection may be provided without lightning arrestors
by grounding the exterior metal sheath.
Antennas may contain no sign or graphic design as defined in the Ashland Sign Code,
G.
even if the sign is permitted on the property.
City of Ashland 4 -40 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.13 Wireless Communication Facilities
Chapter 18-4.13 - Wireless Communication Facilities
This chapter on facilities
Comment:
in18.72.180 which was updated in 2012.
Sections
18-4.13.010 Purpose
18-4.13.020 Applicability
18-4.13.030 Application Submittals
18-4.13.040 Design Standards
18-4.12.010 Purpose
The purpose of this section is to establish standards that regulate the placement, appearance
and impact of wireless communication facilities, while providing residents with the ability to
access and adequately utilize the services that these facilities support.
Because of the physical characteristics of wireless communication facilities, the impacts
imposed by these facilities affect not only the neighboring residents but also the community as
a whole.
The standards are intended to ensure that the visual and aesthetic impacts of wireless
communication facilities are mitigated to the greatest extent possible, especially in or near
residential areas.
18-4.13.020 Applicability
All installation of wireless communication systems shall be subject to the requirements of this
A.
section in addition to all applicable Site Design and Use Standards. Installations of wireless
communication systems are subject to the following approval process:
Alternative
Attached to Freestanding
Zoning Designations
Structures
Existing Support
Structures Structures
Residential Zones CUP Prohibited Prohibited
C-1 CUP CUP Prohibited
C-1-D (Downtown) CUP Prohibited Prohibited
C-1 - Freeway overlay Site Review Site Review CUP
E-1 Site Review Site Review CUP
City of Ashland 4 -41 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.13 Wireless Communication Facilities
Alternative
Attached to Freestanding
Zoning Designations
Structures
Existing Support
Structures Structures
M-1 Site Review Site Review CUP
SOU Site Review CUP CUP
NM (North Mountain) Prohibited Prohibited Prohibited
Historic District CUP Prohibited Prohibited
A-1 (Airport Overlay) CUP CUP CUP
HC (Health Care) CUP Prohibited Prohibited
CM-NC CUP CUP CUP
CM-OE Site Review Site Review CUP
CM-CI Site Review Site Review CUP
CM-MU CUP CUP CUP
CM-OS Prohibited Prohibited Prohibited
B. Additional Provisions
1. In residential zones, wireless communication facilities are permitted on existing structures
greater than 45 feet in height. For the purposes of this section, existing structures shall
include the replacement of existing pole, mast or tower structures (such as stadium light
towers) for the combined purposes of their previous use and wireless communication
facilities.
2. In the Commercial Downtown zone (C-1-D), wireless communication facilities are
permitted on existing structures with a height greater than 50 feet.
3. With the exception of the C-1-D zone as described above, wireless communication
facilities are prohibited in the Historic Districts, as defined in the Comprehensive Plan.
Replacement of previously approved antennas and accessory equipment
C. Exemptions.
are permitted outright with an approved building permit, and are allowed without a Site
Review or Conditional Use Permit as specified in the preceding subsection, provided that
these actions:
1. Do not create an increase in the height of the facility; and
2. Conform with the conditions of the previously approved planning action; and
3 Do not cause the facility to go out of conformance with the standards of Section 18-
City of Ashland 4 -42 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.13 Wireless Communication Facilities
4.13.040.
18-4.13.030 Application Submittal
In addition to the submittals required in by section 18-5.2 Site Design Review, the following
items shall be provided as part of the application for a wireless communication facility.
A photo of each of the major components of a similar installation, including a photo
A.
montage of the overall facility as proposed.
Exterior elevations of the proposed wireless communication facility (min 1"=10').
B.
A set of manufacturers specifications of the support structure, antennas, and accessory
C.
buildings with a listing of materials being proposed including colors of the exterior materials.
A site plan indicating all structures, land uses and zoning designation within 150 feet of the
D.
site boundaries, or 300 feet if the height of the structure is greater than 80 feet.
A map that includes the following information:
E.
1. the coverage area of the proposed wireless communication facility; and
2. A map showing the existing and approved wireless communication facility sites
operated by the applicant, and all other wireless communication facilities within a 5
mile radius of the proposed site.
Details and specifications for exterior lighting.
F.
A collocation feasibility study that adequately indicates collocation efforts were made and
G.
states the reasons collocation can or cannot occur addressing the Collocation Standards
in Section 18-4.13.040.C.
For applications requesting approval of installation of new wireless communication facilities
H.
that are not collocated on a structure used by one or more wireless communications
providers, an applicant shall submit, along with the standard application fee, an additional
fee to reimburse the City for the cost of having the application materials reviewed by an
independent contractor. The contractor must provide objective advice based on
professional qualifications and experience in telecommunication/radio frequency
engineering, structural engineering, assessment of electromagnetic fields,
telecommunications law, and other related fields of expertise. The fee for this independent
analysis of application materials shall be in an amount established by resolution of the City
Council.
A copy of the lease agreement for the proposed site showing that the agreement does
I.
not preclude collocation.
Documentation detailing the general capacity of the tower in terms of the number and
J.
City of Ashland 4 -43 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.13 Wireless Communication Facilities
type of antennas it is designed to accommodate.
Any other documentation the applicant feels is relevant to comply with the applicable
K.
design standards.
Documentation that the applicant has held a local community meeting to inform
L.
members of the surrounding area of the proposed wireless communication facility.
Documentation to include:
1. a copy of the mailing list to properties within 300' of the proposed facility.
2. a copy of the notice of community meeting, mailed one week prior to the meeting.
3. a copy of the newspaper ad placed in a local paper one week prior to the meeting.
4. a summary of issues raised during the meeting.
18-4.13.040 Design Standards
All wireless communication facilities shall be located, designed, constructed, treated and
maintained in accordance with the following standards:
A. General Provisions
1. All facilities shall be installed and maintained in compliance with the requirements of
the Building Code. At the time of building permit application, written statements from
the Federal Aviation Administration (FAA), the Aeronautics Section of the Oregon
Department of Transportation, and the Federal Communication Commission (FCC) that
the proposed wireless communication facility complies with regulations administered by
that agency, or that the facility is exempt from regulation.
2. All associated transmittal equipment must be housed in a building, above or below
ground level, which must be designed and landscaped to achieve minimal visual
impact with the surrounding environment.
3. Wireless communication facilities shall be exempted from height limitations imposed in
each zone.
4. Wireless communication facilities shall be installed at the minimum height and mass
necessary for its intended use. A submittal verifying the proposed height and mass shall
be prepared by a licensed engineer.
5. Lattice towers are prohibited as freestanding wireless communication support
structures.
6. Signage for wireless communication facilities shall consist of a maximum of two non-
illuminated signs, with a maximum of two square feet each stating the name of the
facility operator and a contact phone number.
City of Ashland 4 -44 Part 4 (3) Draft #2 March 2012
Land Use Ordinance
18-4.13 Wireless Communication Facilities
7. Applicant is required to remove all equipment and structures from the site and return
the site to its original condition, or condition as approved by the Staff Advisor, if the
facility is abandoned for a period greater than six months. Removal and restoration
must occur within 90 days of the end of the six-month period.
8. All new wireless communication support structures shall be constructed so as to allow
other users to collocate on the facility.
The following preferred designs are a stepped hierarchy, and the
B. Preferred Designs.
standards shall be applied in succession from subsection a to e, with the previous standard
exhausted before moving to the following design alterative. For the purpose of Section 18-
4.13, feasible is defined as capable of being done, executed or effected; possible of
realization. A demonstration of feasibility requires a substantial showing that a preferred
design can or cannot be accomplished.
1. Collocation. Where possible, the use of existing WCF sites for new installations shall be
encouraged. Collocation of new facilities on existing facilities shall be the preferred
option. Where technically feasible, collocate new facilities on pre-existing structures
with wireless communication facilities in place, or on pre-existing towers.
2. Attached to Existing Structure. If (a) above is not feasible, WCF wireless communication
facilities shall be attached to pre-existing structures, when feasible.
3. Alternative Structure. If (a) or (b) above are not feasible, alternative structures shall be
used with design features that conceal, camouflage or mitigate the visual impacts
created by the proposed WCF wireless communication facilities.
4. Freestanding Support Structure. If (1), (2), or (3) listed above are not feasible, a
monopole design shall be used with the attached antennas positioned in a vertical
manner to lessens the visual impact compared to the antennas in a platform design.
Platform designs shall be used only if it is shown that the use of an alternate attached
antenna design is not feasible.
5. Lattice towers are prohibited as freestanding wireless communication support
structures.
C. Collocation Standards
1. The collocation feasibility study shall:
a. document that alternative sites have been considered and are technologically
unfeasible or unavailable; and
b. demonstrate that a reasonable effort was made to locate collocation sites that
c. document the reasons collocation can or cannot occur.
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18-4.13 Wireless Communication Facilities
2. Relief from collocation under this section may be granted at the discretion of the
approving authority, if the application and independent third party analysis
demonstrate collocation is not feasible because one or more of the following
conditions exist at prospective collocation sites:
a. a significant service gap in coverage area.
b. sufficient height cannot be achieved by modifying existing structure or towers.
c. structural support requirements cannot be met.
d. collocation would result in electronic, electromagnetic, obstruction or other radio
frequency interference.
The following standards apply to all WCF wireless communication facilities
D.Landscaping.
with any primary or accessory equipment located on the ground and visible from a
residential use or the public right-of-way.
1. Vegetation and materials shall be selected and sited to produce a drought resistant
landscaped area.
2. The perimeter of the WCF wireless communication facilities shall be enclosed with a
security fence or wall. Such barriers shall be landscaped in a manner that provides a
natural sight obscuring screen around the barrier to a minimum height of six feet.
3. The outer perimeter of the WCF wireless communication facilities shall have a 10 foot
landscaped buffer zone.
4. The landscaped area shall be irrigated and maintained to provide for proper growth
and health of the vegetation.
5. One tree shall be required per 20 feet of the landscape buffer zone to provide a
continuous canopy around the perimeter of the WCF wireless communication facilities.
Each tree shall have a caliper of 2 inches, measured at breast height, at the time of
planting.
E. Visual Impacts
1. Wireless communication facilities shall be located in the area of minimal visual impact
within the site which will allow the facility to function consistent with its purpose.
2. WCF Wireless communication facilities, in any zone, must be set back from any
residential zone a distance equal to twice its overall height. The setback requirement
may be reduced if, as determined by the Hearing Authority, it can be demonstrated
through findings of fact that increased mitigation of visual impact can be achieved
within of the setback area. Underground accessory equipment is not subject to the
setback requirement.
3. Antennas, if attached to a pre-existing or alternative structure shall be integrated into
City of Ashland 4 -46 Part 4 (3) Draft #2 March 2012
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18-4.13 Wireless Communication Facilities
the existing building architecturally and, to the greatest extent possible, shall not
exceed the height of the pre-existing or alternative structure.
4. Antennas, if attached to a pre-existing or alternative structure shall have a non-
reflective finish and color that blends with the color and design of the structure to which
it is attached.5. All wireless communication support structures must have a non-
reflective finish and color that will mitigate visual impact, unless otherwise required by
other government agencies.
6. Exterior lighting for a WCF wireless communication facility is permitted only when
required by a federal or state authority.
7. Should it be deemed necessary by the Hearing Authority for the mitigation of visual
impact of the WCF wireless communication facility, additional design measures may be
required. These may include, but are not limited to: additional camouflage materials
and designs, facades, specific colors and materials, masking, shielding techniques.
City of Ashland 4 -47 Part 4 (3) Draft #2 March 2012
Land Use Ordinance